{
  "id": 8650871,
  "name": "STATE v. SAMUEL B. PEARSON",
  "name_abbreviation": "State v. Pearson",
  "decision_date": "1888-02",
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  "first_page": "414",
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  "last_updated": "2023-07-14T18:59:04.640355+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. SAMUEL B. PEARSON."
    ],
    "opinions": [
      {
        "text": "MbkrimoN, J.,\n(after stating the facts.) It is clear that the Court, to whom the application was made, had no authority to make an order authorizing the County Commissioners \u201c to farm out \u201d the appellant as allowed by the statute (The Code, \u00a7 3448,) because the proviso of the section cited, expressly provides that \u201c it shall not be lawful to farm out any such convicted person, who may be imprisoned for the non-payment of a fine, or as punishment imposed for the offence of which he may have been convicted, unless the Court, before whom the trial is had, shall in its judgment so authorize.\u201d It seems that such permission is intended to be annexed to, and become part of the judgment, and to be allowed only in the discretion of the Court, and the judgment could not be disturbed at a subsequent term of the Court. The purpose of the statute is to give the particular Court \u2014 J udge \u2014 before whom the party convicted was tried, and who had the better opportunity to hear the facts of the aggravation or mitigation of the offence, authority to grant permission \u201cto farm out\u201d the convicted person. There is no statutory provision that confers upon the Court authority to direct such convicted person to be farmed out. State v. Norwood, 93 N. C., 578; State v. Johnson, 94 N. C., 863.\nWe also concur in the opinion of the Court below, that it had not authority to grant to the appellant the benefit of \u201c prison bounds,\u201d as allowed in certain cases by the statute. (The Code, \u00a7 3466). That section provides, that \u201cFor the preservation of the health of such persons as shall be committed to jail, the Board of Commissioners of each county shall mark out such a parcel of the land as they shall think fit, not exceeding six acres, adjoining the prison, for the rules thereof; and every prisoner, not committed for treason or felony, giving bond, with good security, to the sheriff of the county, to keep within the rules, shall have liberty to walk thereon out of the-prison, for the preservation of his health, and, on keeping continually within the said rules, shall be deemed to be, in law, a true prisoner; and that every person may know the true bounds of said rules, they shall be recorded in the county records, and the marks thereof shall be renewed, as occasion may require.\u201d\nThe County Commissioners are thus empowered \u201c to mark out such a parcel of the land as they shall see fit, not exceeding six acres, &c.\u201d \u2014 that is, the land so marked out must adjoin the jail, be such as the commissioners have exclusive control of, and adapted, not only to the purpose of the exercise of the prisoner, but as well to prevent, as far as practicable, his escape \u2014 it must be certainly, definitely, and distinctly marked out, so that the prisoner may see and know the rules and keep within the same, and others may see that he does so. The boundaries, thus established, are for all legal and practical purposes, merely a further extension or .enlargement of the prison walls, in order that the prisoner\u2019s health may be preserved and subserved; his confinement, thus enlarged, he is not deemed to be out of prison \u2014 out of jail \u2014 but he remains therein in contemplation of law, and his imprisonment is only rendered the more tolerable, while he remains within the rules. He is, \u201cin law, a true prisoner,\u201d as the statute expressly declares.\nBut this statutory provision does not apply in favor of persons who have been convicted of criminal offences, and sentenced to imprisonment by the judgment of the Court. It applies to prisoners who, in civil cases, are committed to jail on mesne process, or on final judgment, and in criminal cases, when the prisoner is committed to jail for lack of bail, in order to secure his presence before the appropriate Court, to answer the criminal charge preferred against him.\nThe present statute, as recited\u2019 above, has undergone no-essential change in the scope of its provisions since its first enactment in April, 1741, although it has been repeatedly re-enacted. (Rev. Stats., ch. 90, \u00a7 11; The Code, \u00a7 3466.) The title of the statute, as originally enacted, (Ired. Rev., ch. 18, \u00a7 3, p. 83) indicates its purpose, and the extent of its application, as follows: \u201c An act for the building and maintaining of court-houses, prisons and stocks in every county within this province, and appointing rides for each county prison for debtors.\u201d The main purpose was to extend the clause in respect .to \u201cprison bounds\u201d to debtors, who, as the law then, and for more than a hundred years thereafter, prevailed, might, in certain cases, be imprisoned for debt; but its terms embraced persons committed to answer for criminal offences, other than \u201c treason or felony.\u201d The statute has been thus uniformly applied and interpreted in the past, so far as appears from the decisions of this Court. Wynn v. Buckett, Tay., 140, (87); Brown v. Frazier, 1 Murph., 421; Ex parte Bradley, 4 Ired., 543; Northam v. Terry, 8 Ired., 175; Whitley v. Gaylord, 3 Jones, 286. And so far as we know or can learn, no prisoner in this State was ever allowed the benefit, of \u201c prison bounds \u201d while Re was in execution for- a criminal offence. If the right to such enlargement had belonged to-such prisoners, it certainly would have been claimed and allowed in very many cases before the present time.\nThe statute does not in terms apply to persons convicted of criminal offences. The words used, descriptive of classes, are \u201c such persons as shall be committed to jail,\u201d and \u201c every prisoner not committed for treason, or felony,\u201d &c. The word committed, has a technical sense in criminal procedure. It implies sent to jail or other proper prison, to be there detained and held to answer for a criminal offence preferred, or to be preferred against the party in the course of procedure, until he shall be discharged according to law. 4 Bl. Com., 296\u2014309; Chit. Cr. Law, 107, 108; Bouvier\u2019s Law Dic., words, \u201c To commit, Commitment\u201d; Bur. Law Die., word \u201c Commitment.\u201d A person is committed to jail by a proper tribunal to answer for a criminal offence; upon conviction, he is sentenced by the judgment of the Court to be imprisoned in jail as a punishment, and when put in jail, he is then in execution of the judgment. The word \u201c committed,\u201d is used in the statute in its technical sense, certainly, in its application to prisoners charged with criminal offences.\nMoreover, it is altogether improbable that the Legislature would, by such provision, interfere to mitigate or qualify the punishment imposed by the Courts upon criminal offenders; and if it had intended to allow such enlargement to persons in execution for criminal offences, it would, most probably, have conferred express authority upon the Courts to allow or disallow it in their sound discretion. As this is not done, strained inference and unreasonable implication cannot be allowed to confer such authority upon the Courts or the Sheriff.\nThe Court, therefore, properly held that it had not authority to grant the motions of the appellant. There is no error, and the judgment must be affirmed. Let this opinion be ..certified to the Superior Court according to law.\nIt is so ordered.\n.No error. Affirmed.",
        "type": "majority",
        "author": "MbkrimoN, J.,"
      }
    ],
    "attorneys": [
      "Attorney General, for the State.",
      "Mr. J. O. L. Harris, for the defendant."
    ],
    "corrections": "",
    "head_matter": "STATE v. SAMUEL B. PEARSON.\nFarming out Prisoners \u2014 Prison Bounds.\n1. The Superior Court lias not power, at a term subsequent to that' at which one convicted -for an affray was sentenced to imprisonment in the county jail for 12 months, and be discharged uj>on payment of costs, to grant an order for him to be hired out by the County Commissioners. Only the Judge, before whom he was tried, had the power to authorize his being farmed out, under the statute.\n2. The provision of the statute, in reference to \u201cPrison Bounds\u201d for persons committed for misdemeanors and crimes, other than treason and felony, does not apply to one in execution, as a punishment for a criminal offence.\nMotioN in behalf of the defendant who had been sentenced to jail at Pall Term, 1887, of the Superior Court of Burke, heard before Merrimon, J., at Spring Term, 1888, of said Court.\nAt the Fall Term of 1887, of the Superior Court of said county, the appellant was convicted of an affray and sentenced \u201c to be imprisoned in the common jail of Burke County, for twelve months, and be discharged upon payment of costs;\u201d and he was in execution.\nAt the Spring Term, 1888, of the same Court, he made application to the Court to be allowed the benefit of \u201cprison bounds,\u201d or to be hired at labor, etc., and moved, as follows:\n\u201c Wherefore affiant prays the honorable Court to grant him prison \u2022 bounds for his health\u2019s sake, being that his offence is not felony, and failing that, that the Court grant an order for his being hired out by the County Commissioners, upon time to be prescribed by the Court.\u201d\nThe Court denied the motion, as follows:\n\u201c Upon hearing which motion, and argument of counsel, and the consent of the Solicitor being shown to the Court, that either relief might be granted, as in the judgment of the Court might seem best, and with a full statement of all the circumstances in the case, the Court is of the opinion, that sufficient merit has been shown to entitle the prisoner to one or the other relief prayed for in the motions above set forth, but adjudges, that both motions be refused for the want of power of the Court to grant the relief. And from this judgment declaring a want of power in the Court to grant either motion,\u201d the prisoner appealed to this Court.\nAttorney General, for the State.\nMr. J. O. L. Harris, for the defendant."
  },
  "file_name": "0414-01",
  "first_page_order": 438,
  "last_page_order": 442
}