Bomar v. Poole

Citations

• 29 S.C.L. 119

Syllabus

<p>1. In an action against the defendant on a bail bond, the proof was, that he, and another, were securities for the same principal for the prison bounds. That they wished to surrender him in this case, and that when they went to the sheriff for the purpose of making the surrender in the bounds case, defendant said to the sheriff, that he wished to be free from all responsibility — to which the sheriff replied, by saying, that his principal was in gaol.</p> <p>2. This was held an insufficient surrender of the principal, as it did not appear certainly, in what cases, or for what purpose, it was made.</p> <p>3. The surrender of a principal by bail, must be by some distinct, unequivocal act, accompanied by such declarations or acknowledgments as shew its purpose, and the case or cases to which it applies, and guarded by the means of clear proof, so that the sheriff may be surely liable if he should permit an escape, and may be protected in detaining the principal rendered, until a lawful discharge be had.</p>