Hicks v. Folks

Citations

• 97 Cal. 241
• 32 P. 8
• 1893 Cal. LEXIS 518

Syllabus

<p>Sheriff — Custody of Prisoners — Working Prisoners under Order of Supervisors. — Sections 1613 and 1614 of the Penal Code, which provide that certain prisoners may be required to labor on the public works or ways in the county by an order of the board of supervisors, and the County Government Act (Laws 1891, p. 306, sec. 25, subd. 30), which confers authority upon the board of supervisors of a county “to. provide for the working of prisoners,” do not impose upon the sheriff any duties in addition to the general duties prescribed by section 1600' of the Penal Code and section 4176 of the Political Code, in relation to the custody of prisoners, and do not make it the duty of the sheriff to keep the prisoners in his immediate custody while they are at labor:</p> <p>Id. — Custody by Overseer of Work — Mandamus.—The authority conferred by the County Government Act (Laws 1891, p. 306, sec. 25, subd. 30) upon the board of supervisors of a county “ to provide for the-working of prisoners ” upon public works or ways, “under the direction of some responsible person,” includes the custody of the prisoners while-absent from the jail, by the “responsible person” under whose direction they are required to labor, and they may be taken out of the custody of the sheriff for such purpose; and upon a refusal by the sheriff to-deliver such prisoners to a person duly appointed overseer of them, he may be required to do so by a writ of mandate.</p>