Lipscomb v. Seegers

Citations

• 19 S.C. 425
• 1883 S.C. LEXIS 93

Syllabus

<p>1. The superintendent of .the penitentiary ma)' sue in his own name for the amounts due to the State by a hirer of convicts, on account of the loss of so many of them as were permitted to escape.</p> <p>2. Since 1878 the superintendent of the penitentiary holds his office under election by the general assembly, and not by executive appointment. The act of 1878 (16 Stat. 702) was, in effect, an amendment of the General Statutes, which had repealed the act of 1868, but, at the same time, re-cnaeted its provisions.</p> <p>3. A statute permitted the hiring of convicts, upon bond being given for tlieir safe keeping, and the statute provided that the person so hiring should forfeit and pay to the State the sum of fifty dollars per annum for each year of the unexpired term of any convict who escaped through the-negligence of the hirer. One of the directors hired convicts upon these-terms, but did not give the required bond. Held, that he was liable for convicts negligently permitted to escape.</p> <p>4. The amount of fifty dollars stated as a forfeit for each year of the unexpired term of the escaped convict was not a technical penalty, but stipulated damages, and action therefor was not barred in two years.</p> <p>5. This fifty dollars was the rate per annum fixed upon as compensation to the State for the loss, and for fractions of a year the amount would be a proportionate sum.</p>