The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-06-19
JAILED AGAINST THE LAW,
Many Prisoners Under Sentence
Who Could Secure Their
Release.

Through the ignorance of some few OF
our Judges there are nearly two dozen
transgressors of the law who are, at the
present time, Illegally incarcera5ed in the
County Peniten tiary. This seems hardly
probable. but it is true, and can only be
ascribed 20 negligence upon the part OF
the Judges in failing to properly acqualnt
and familiarize themselves with the
recent enacJments of the Leglsla-
ture These offenders OF the law
who are serving terms OF Imprisonment
for not less than one year are Improperly
detained. and upon habeas corpus pro
ceedings their liberty, under the statutes,
would be restored to them. 1t Is III
direct violation of an amendment made
by the Legislature at its last session tnat
these persons are Improperly serving
their terms as they are. The amenument
to the act regulating proceedings IN Grim
iual cases, approved March 27, 1874, makes
it compulsory that all couvicleu GRIM
inaIs. whose contemplated sentence
covers period of less than six mouths.
must be sent TO the State Prison. Wnen
the sentence is to be, for period less
one half year. the conlinemen5 must pe
either in the County Penitentiary or
the County Jail.
The act reads rs follows:-
CHAPTER CCXXX.
Further Supplement- TO an act entltled AN
act regulating proceedings In CRIMINAL cases
(Revsion). approved March enty-sesen.n' on,
Re it enacted by the Senate and General
Assembly of the State of New Jersey, That Sec
zion ninety-six of the act to which TINS IS a sup
pIemept be amended to read as follows;
go And be it enacted, That every person
sentenced to hard labor and Imprisonment un'
der the laws of this state. for any time lot less
than six months shall within twenty days after
snch sent ence be transported, at the expense OF
The State. by the sheriff of the county where
such conviction may be had or by his iawIui
d eputy to the State prison and there delivered
into the custody Of the keeper OF said prison,
together with copy Of the sentence OF the
cou:t ordering such punishment and OF the
taxed hill of cost of prosecution against Such
offeuder certified under the seal OF the clerk OF
the court where such convictions was hau, and
sa id person SO delivered to the keeper OF SAID
yrison shall be safely kept therein until the
time of his or her confinement shall have OK.
pired ana fine or fines and costs OF
prosecution be paid or remitted or
until he or sae - sha. a ond us every ner n.rsao
sentenced to imprisonment for any time less
than six months shall be confined IN the com
mon Jail Of the county where the convlction
ty .peuitentiary. in the discretion OF the court,
and there safely kept until the term OF his or
her confinement shall expire and the flne and
costs OF prosecution be paid, or until he or she
shall be discharged by due course of law.
s. And be it enacted, That this act shall take
effect immediately.
Approved March IL 1898.
This amendment has been openly disre-
garded, and might never have been
passed, IL all the advantage il has done
be considered.
Since Marcn IL, when the provision OF
the statute became operative, thirteen
convicted criminals had been sentenced
to the Penitentiary for q full years term,
and several Others have been illegally
lodged in the County Jail. There release
could not be denied were writ of habeas
corpus procured. The names of those un-
fortunate law breakers who are confined
in the Penitentiary on various indcs-
ments are
| May 20-Andrew Higgins. larceny from the
My ao-ratrlck Peppers. atrocious assault
/ aLu battery.