The action was debt on a bond given to obtain the liberty of the yard for William Dane, then a prisoner in the jail in Concord in this county. Issue was taken on the question, whether he did or did not escape. This issue was tried at the sittings here after October term, 1809, when a verdict was found for the plaintiff, subject to the opinion of the Court on the following case stated by the parties.
Good law ✅— No negative treatment on recordhow we know
Decided 1812-10-15
How this case has been cited
Cited by 7 later decisions — most recently February 1978
6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
¶1said that, since the argument, the principal point in the cause had received a decision in other counties. (1) *Had the assignment of the limits in this case by the Court of Sessions been legal, it is very clear that there would have been no forfeiture of the bond. The statutes of 1808, c. 92, and 1809, c. 33, have confirmed this, among other assignments by the Sessions. The objections to these statutes, as being ex post facto, and as tending to impair the obligation of contracts, do not apply to them. The objection of ex post facto applies to laws respecting crimes only. That respecting the obligation of contracts, as we all know, was provided against paper money, instalment laws, &c. (a) It would be carrying it much beyond its natural import, as well as its intended operation, to construe it as prohibiting the legislatures of the states to pass a law confirming the doings of courts or other public bodies known to the law. Such is the purport and direct effect of the acts objected to by the plaintiff in this case. The objection cannot prevail. The verdict must therefore be set aside, and a verdict entered for the defendants, viz., that Dane did not commit an escape.
¶28 Mass. Rep. 468, Walter vs. Bacon & Al.— Ante, p. 153, Patterson vs. Philbrook & Al.
¶3[Calden vs. Ball, 3 Dall. 386. — But see Dash vs. Vankleek, 7 Johns. Rep. 477 — The People vs. Platt, 17 Johns. 195. — Kent. Com. vol. i. Lect.20. —Ogden vs. Saunders, 12 Wheat. 213. — Sturges vs. Crowningshield, 4 Wheat. 206. — Dartmouth College vs, Woodward, 4 Wheat. 518.—Ed.]