86 Miss. 597 | Miss. | 1905
delivered the opinion of the court.
Upon an application for habeas corpus, relator was remanded to custody by the chancellor. The agreed statement :of facts
It is contended by the relator that the sum due for the clothing which was furnished by the convict contractor to the convict while in his custody constitutes simply a personal obligation from the one man to the other; that it is but a debt due by Dig personally to Williams, the convict contractor, as an individual. So, being a debt, the detaining of the relator in custody to en
Turning to tbe concrete case, we find that the legislature in dealing with those convicted of misdemeanors, and in devising, as it was vested with plenary power to do, a plan for their proper and adequate punishment, and at the same time enforce the collection of fines and costs, by ch. 16, p. 67, Acts 1894, and the amendments thereto, adopted the following: “If a convict be sentenced to imprisonment in the county jail and the payment of a fine, he shall remain committed after the expiration of the term of imprisonment until the fine, costs, and jail fees, if any, be paid, unless discharged by due course of law.” In every case, if the fine, costs, and jail fees, if any, be not promptly paid, “the convict shall remain in custody until he shall work out the amount thereof in one of the modes herein provided.” The prescribed methods of working out sentences are three, but in the instant case it is only necessary to consider that method which arises when the convict is delivered to the county convict contractor. The county convict contractor is required to take and receive all convicts (except the infirm) who may be “sentenced to imprisonment in the county jail or. to such imprisonment and the payment of a fine, or held for fine, costs, or j ail fees during the time of his contract,” and “to treat the convicts humanely and to 'provide each convict with sufficient wholesome food, the proper clothing, bedding, and fuel, and with medicine and medical attention when sick.” When a convict is sentenced and the amount of fine and costs becomes known, the law gives him the privilege of paying in money the amount of such penalties. He can discharge and satisfy this portion of the judgment of the court, imposed upon him as a punishment for his crime, in this way immediately upon sentence, and before delivery to the contractor, if he so desires. If, however, he fails to avail himself of this opportunity, and the fine, costs, and j ail fees “be not promptly paid,”
From this view of the matter, it is not necessary for us to decide whether the legislature would have the authority to impose, as an absolute penalty upon convicts, the payment of clothing furnished them while in custody after conviction. It has not attempted to do so, and we therefore intimate no opinion upon that point. It is sufficient to say that in the instant case
The conclusion of the chancellor was correct, and the judgment is affirmed.