Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1914-07-15

SATURDAY, OF nOlu MIN until next
Monday" Well, in notifying the
County Supervisor of the prisoners
that he has in Jail for the chain gang
he would notify him Of this man and
notify him that he had special orders
from the Judge to hold him until a
set day. Generally the reason of the
Judge is to give him time to get up
the money to IA his fine.
4. Is it the duty Of the constable
to convey to the chain gang prison.
ers sentenced in a Magistrates
Court?
! IA find no law on that subject.
The acts cited me here | cant say
bear on that question; at least | have
Over,o oked it if they do. So, in the
absence Of any special legal authority
recurring the constable to convey
him to the chain gang, | would an
swer that, No. But it would be the
duty OF the constable to hold the man
until the County Supervisor can send
after him, and to notify the County
Supervisor promptly. The County
constable in order to save time and
bring them right on, and pay the
constable what it was reasonably
worth. That would be a matter for
him, and, of course, in the absence of
any law fixing the compensation, that
would be up to him.
,. Can the Sheriff receive in the
common Jail prisoners sentenced bv
a Magistrate to the chain gang with
out an alternative sentence to iail,
and what is the Sheriff's duty under
the sentence?
He can receive the prisoners who
are committed to Jail by the Magis-
trate. Now, if the Magistrate has no
convenient place for himself and the
constable to detain the prisoner until
he can be turned over to the County
Supervisor, he may commit him to
Jail until the Supervisor can send for
him. And in that instance, if he
IL commitment 10 lHe Sne1lI.
1T would be the duty of the Sheriff
and the Sheriff cannot void his
duty-it would he his duty to take
him, and for the SNeriff to take him
then he would he entitled to per
diem. He wouldn't be entitled to
any commitment fees, because those
are fees that have been provided I'M
der the General Act for Sheriffs in
counties; and it used to be in all
counties, now where the bill obtains
as compensation for the Sheriff. Now
II IS The duty Of the Sheriff to COM
NIT the man to Jail until the County
supervisor car take charge Of him.
and it is his duty to at once notify
the County Supervisor that he has
committed the man to Jail so that he
may act advisedly.
Now somebody may ask, Well, who
Will see that the Supervisor does his
duty? If he don't, on proper show
ing to the Judge | guess he would.
Because the Judge wouldn't hesitate.
on a proper showing, to issue a man
damus requiring him to send for the
prisoner and have him to work on
the chain gang instead of letting him
eat his head off in Jail, promptly af-
ter notice. Now, Of course, the
County Supervisor cant be blamed
until he has notice; and it is the
| nntN 0f .hn opiStrn+n 40, .o l.
sentences q man, If he commits him
to Jail, to at once notify the County
supervisor, and it is the duty of the
Sherlff, when he receives a man in
jail, to notify the County Supervisor
that he has a man there for the chain
gang. Now, when the Sheriff has
done that, he has done his whole
duty; he is not required under the
Jaw TO employ a mar to send him
out, or go to the expense Of Trans
porting the prisoner, to chain gang.
That is the duty Of the S~u1crviscr,
1t is not out of his salary, but as al
officer of the county of course it is
at the expense Of the county, if it be
any expense. But | suppose that he
has some extra guards that he can
send in for a man.
Now, | think | have answered
frankly all those questions. know
! have answered them frankly. Whe-
ther ave answered them correctly
or not | do not know. | have an
Swered them all strictly according to
the law, except that one that no
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