5 Watts 141 | Pa. | 1836
The opinion of the Court was delivered by
The power of the associate judge of the court of common pleas of York county to discharge Roth from custody under the capias ad satisfaciendum, issued by the circuit court of the United States, on giving bond to take the benefit of the act of assembly of the state of Pennsylvania, for the relief of insolvent debtors, is not sustainable. The act of assembly on this subject, passed the 28th of March 1820, authorises the debtor to apply to the president, or any associate judge of the court of common pleas of the county in which he is arrested, and to give bond with such security as'is required and approved by the said judge, conditioned to appear at the next court of common pleas for said county to take the benefit of the insolvent laws of this commonwealth, &c., on which the sheriff is to discharge him. But the provisions of the acts of assembly relate only to debtors held under executions issued from the state courts. It has never been supposed that they intended to give, or could give to the state courts or judges, power to control the process of the courts of the United States in matters within the jurisdiction of the latter. In Beers v. Haughton, Sup. Co. U. S., January term 1835, Mr Justice Story, in delivering the opinion of the court, says, that state laws have no operation proprio vigore upon the process or proceedings of the courts of .the United States, for the reasons so forcibly stated by Mr Justice Johnson, in delivering the final opinion of the court in Ogden v. Saunders, 12
The jailer is the sheriff’s deputy or servant, appointed to perform the duties appertaining to that office. The sheriff is liable for his acts, and he is responsible over to the sheriff for a non-performance of duty by which the sheriff is injured. The most important of the duties of the jailer, and one which he assumes to perform by the acceptance of the office, is to keep safely all prisoners lawfully committed to his custody, until discharged by due course of law. As the servant is liable to his master for breach of duty, in consequence of which a loss is sustained by the master, so if the jailer suffer a prisoner to escape, and the sheriff is thereby made responsible, the jailer is liable to him in an action on the case. The sheriff may, and often does take a bond of indemnity, with security, from the jailer, to perform the various duties which by law are imposed upon him, and to save him harmless from the breach of them — but this is done for the security of the sheriff, and without such bond, the law makes the jailer liable upoh the promise implied in his undertaking the office, for all that his duty requires him to perform. 1 Rolls, ab. 98; Cro. Eliz. 349; 8 Johns. 210. The circumstances mentioned in the case stated, that the defendant took advice of counsel, and acted with good faith, diligence and fidelity, dó not seem to be sufficient to exempt him from liability. A loss has been sustained, which must be borne by one of these parties: and it ought to be borne by him whose act or default has occasioned the loss, and not by him who had no connection with it. Where one undertakes an official duty, and fails in the performance of it,- his ignorance or mistake of the law, or the honesty of his motives and conduct, do not exempt him from civil responsibility, where damage is sustained by his non-performance. The defendant’s act was entirely his own; the sheriff was not consulted and had no participation in it, so far as appears.
On the question of the amount which the plaintiff is entitled to recover, a considerable difficulty arises from the • manner in which the case stated is drawn up. The sum paid by the present plaintiff to the plaintiff in the execution was 1050 dollars, after suit had been brought in the circuit court for the escape. It is not stated whether that suit was debt or case; and a material difference between the two exists. In debt, for the escape of one held in execution, the jury, if they find for the plaintiff, must find the whole debt and costs. 3 Yeates 17; 4 Yeates 47. But in case, they may find such damages as they think proper. The mere payment of the sum of 1050 dollars, would not, of itself, make that sum the measure of damages,
Judgment reversed, and record remitted that judgment may be entered for the plaintiff generally, and a writ of inquiry of damages issued.