The Irish Jurist Volume 17 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1865 Excerpt: ...a party is arrested, as here, under capias, directed to the sheriff, and the sheriff makes his arrest, there are reciprocal duties aud obligations throwu by the law both on the sheriff and the party whom he has taken into custody. The sheriff is answerable from the moment he makes the arrest for the safe keeping the party till he is produced before the court foi the object for which he is confined; bat there reciprocal duty thrown on the other party to remain the prisoner of the sheriff until he is duly discharged Unless that officer, who is made liable for his safe custody, concurs in letting him go, it is an escape; and tiiough the doors were open, it is a violation for him of his duty to walk out, and it is an escape for him to do so unless he has the consent of the officer. That I consider to be a true and sound principle of the law imposing an obligation and a duty in point of law upon the party so arrested to remain prisoner mail he be lawfully discharged. Thai: is the principle of the law. Well, what was the case of the sheriff before the change in the law? He had a gaol to himself in which he could lock up his prisoner; but if the doors of the prison were left open in such a way as not to implicate the sheriff in a concurrence, the prisoner had no right to go out; he bad no right to make for himself an exemption by committing that which was a violation of the law--namely, escaping from legal custody. The Act of Parliament, however, which changed the law by depriving the sheriff of his protection, could not give to the prisoner a bonetit by implication; but I need not even raise the question, because the. provisions of the Act are express that he shall remain in the custody of the mar.-hal until duly discharged. ...