Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1860-07-19

INTERESTING LEGAL DECIsIoN.-The fol
lowing case was before Justice Merrick of the
supreme court, and involves the construction
of the General Statutes on the discharge Of
poor cOnvicts =
Commonwealth u.s. Rufus Carter.-This was a
writ of habeas corpus against the master OF
the house of correction at Worcester, brought
upon the petition of Catharine Campbell, a
poor convict confined for the nonpayment OF
fine and costs, the amount of which was over
ten dollars and less than twenty dollars. The
writ was issued by and returnable before MIR.
Justice Merrick. in vacation, and involves the
construction of General Statutes, chapter $50,
sections and 7, the provisions of which are
as follows:
Sc. When a poor convict has been confined
in a prison or houae of correction for three
months, for fine and costs only or Tor either
of them. the taller or master shall make re.
mort thereof. in the county of Suffolk, to the
police court of the city of Boston, ana III other
counties to any two justices OF the peace, one
of whom shall be of the quorum, or to any po-
lice court. The court or justices shall proceed
TO make inquiry into the truth thereof, and
NAV require luS IdllSi VI hNCPCt " S'A-iS '4~
convict before them at the prison or such 9TH
err convenient place near thereto, as they may
direct. If satisfied that the statement is true
and that the convict since his conviction, has
not had any estate, real or personal, with
which he could have paid the sum for which
he is committed and that he is held for no
other cause. they shall make certificate
thereof to the sheriff, directing him to dis
charge the convict
81, When poor convict has been confined
in prison or house of correction thirt days
for fine, or fine and costs, not exceeding ten
dollars, or forty days for fine, or fine and costs
not exceeding twenty dollars, he shall be dis
charged if the justice or court has certified on
the nittimus upon which he was committed
that he is unable pay the same. When such
convict has been confined thirty days and the
Justice or court has not so certified the jailor
or master shall make report thereof to jus
tice of the peace and Of the quorum, or to a
police court, and such justice or court shall
proceed therein and may discharge the convict
in the manner prescribed in the preceding
section.
In the present case at the end of thirty days
from the commitment, the master of the house
of Correction made his report of the facts and
of the poverty of the convict to the police
court of Worcester, the justice of which gave
a certificate, directing her discharge, but in
order to settle the construction of the statute
her discharge was refused, and this writ of
habeas corpus petitioned for.
Judge Merrick, after consulting the other
members of the court, ordered the prisoner to
be discharged, and held that all cases coming
within the last half of ! of 1870; that is,
in all cases where the amount of fine and
costs is between ten and twenty dollars, and
the committing magistrate has not certified
that the convict is unable to pay the same, he
is entitled to be discharged at the end of thirty
days, although, if the magistrate had certified
the inability of the convict to pay the fine and
costs, he must, under the provisions of the
first half of the same section remain forty
days before being discharged.
The provision requiring such a certificate is
found for the first time in the new statutes,
and it appears that the legislature, for some in
scrutable reason, or from inadyertence, have
provided that person, known and certified to
be unable to pay fine and costs between ten
and twenty dollars in amount, must remain in
prison ten days longer than if the fact of his
poverty is unknown until after his commit
ment. d. Foster for petitioner. Respondents
pro Sc.