Burns v. Brian

Court of Appeals of South Carolina

Burns v. Brian

28 S.C.L. 131

DecidedNovember 15, 1842

StatusPublished

This text of 28 S.C.L. 131 (Burns v. Brian) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burns v. Brian, 28 S.C.L. 131 (S.C. Ct. App. 1842).

Pincite

Opinion

Curia,per

Wardlaw, J.

Our law provides for the separation of criminal offenders from prisoners confined in jail, but the Act of 1839, as to sheriffs, sec. 26, re-enacting the pre-existing provisions, declares that it shall be an escape, if any sheriff “ shall permit any prisoner to be without the prison walls without lawful authority.” There is nowhere any more precise direction, as to the confinement which debtors imprisoned shall endure; and within this direction, any indulgence which the sheriff, at his own risk, may see fit to extend, seems to consist with the law.

The motion is dismissed.

Richardson, O’Neall, Evans, Earle, and Butler, JJ. concurred.

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Curia,per

Wardlaw, J.

Our law provides for the separation of criminal offenders from prisoners confined in jail, but the Act of 1839, as to sheriffs, sec. 26, re-enacting the pre-existing provisions, declares that it shall be an escape, if any sheriff “ shall permit any prisoner to be without the prison walls without lawful authority.” There is nowhere any more precise direction, as to the confinement which debtors imprisoned shall endure; and within this direction, any indulgence which the sheriff, at his own risk, may see fit to extend, seems to consist with the law.

The motion is dismissed.

Richardson, O’Neall, Evans, Earle, and Butler, JJ. concurred.

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Bluebook (online)

28 S.C.L. 131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burns-v-brian-scctapp-1842.