Ex parte Pells

Citations

• 28 Fla. 67

Syllabus

<p>1. Tlie relief which the act entitled “ An act for the relief of persons imprisoned for the non-payment of fine and costs imposed by sentence of any of the courts of this State,” approved May 25th, 1891, (Chapter 4075 Statutes), provides shall be had on written application by tlie convict to the Judge of any Circuit Court or Criminal Court of Record, may be administered by the Supreme Court on writ of habeas corpus when there is no Criminal Court of Record in the county where 'such convict is confined, and the office of Judge of the Circuit is vacant.</p> <p>2. Tlie imrpose of the act of May 25th, 1891, (Chapter 4075 Statutes,) is, that no person sentenced to pay a fine not exceeding three hundred dollars, or such fine and costs, whether with or without imprisonment, shall be confined longer than sixty days for the non-payment of the fine or fine and costs, where he is unable to pay, and that any such iierson shall be discharged after the expiration of sixty days upon an examination, resulting as contemplated by the act, being- made.</p> <p>3. Tlie act of May 25th, 1891, (Chapter 4075 Statutes,) is not in conflict with section 32 of Article III of tlie Constitution, ordaining that “tlie repeal or amendment of any criminal statute shall not affect the prosecution or punishment of any crime committed before such repeal or amendment.”</p> <p>4. The act of May 25th, 1891, (Chapter 4075 Statutes,) does not repeal the act of March 7th, -1877, (sections 1 and 2, p. 820, McClellan’s Digest,) authorizing- the County Commissioners to employ persons imprisoned in jail, at labor and allow them credit on fine and costs as therein provided. The act of 1877 is in force to be administered in cases falling within the act of 1891, until at least the end of the sixty days.</p>