Smart v. Cason

Citations

• 50 Ill. 195

Syllabus

<p>1. Bail—in criminal cases—hoto to be taken. The statute has not authorized a sheriff to receive money or property for his indemnity, to the amount of the bail and in lieu of it, and discharge a prisoner. A recognizance with good and sufficient sureties, must be signed by the accused at the time of his discharge.</p> <p>2. Illegal discharge—money deposited for, cannot be recovered back—depositor party to a misdemeanor. It is a flagrant violation of duty for a sheriff or jailor, to discharge a prisoner except by legal requirement. The acceptance of money to procure the discharge of a prisoner is illegal—is in violation of sec. 101 of the Criminal Code—and the depositor is parliceps criminis, having contributed to a wrongful discharge, and thus assisted in obstructing justice, and has no right to recover back the money.</p> <p>3. Statute—23 Henry VI, chap. 9—explained. That statute applies only to civil cases. Under that act, the discharge of a prisoner without authority of law, was not a misdemeanor—it simply made the sheriff liable for the debt for which the prisoner was arrested.</p> <p>4. Semble, notwithstanding a sheriff acted without authority, in receiving money in lieu of bail, it should be paid into the county treasury precisely as if collected on a recognizance, and be applied in the manner required as to such moneys.</p>