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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 231   View pdf image (33K)
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14 E. 3, STAT. 1, CAP. 10, CUSTODY OF GAOLS. 331
'*! have included the whole of this Statute, for though I presume 170
that the first part down to sec. 4 is all that was intended to be incorporated
in our laws, I apprehend that the latter part is still the law, except as
to the punishment of the gaoler using duress.
The right of the sheriff to the custody of the public jail and his liabili-
ties consequent thereon were fully affirmed by the Court of Appeals in Sle-
maker v. Harriott, 5 G. & J. 406,1 and see the Code, Art. 88, secs. 60-63,2
but in Baltimore City a warden of the jail is appointed by the visitors 3
see also Mitton's case, 4 Rep. 32 b. By Art. 50, sec. 184 of the Code, the
grand jury is directed at each term of the Court to visit the jail, and in-
quire into its condition, the manner in which it is kept, and the treatment
of the prisoners, and report the same to the Court. In Bethell's case, 1
Salk. 348, the defendant was fined 100;. by a Court of oyer and tor-miner,
and committed until payment to the custody of the keeper of Newgate.
The Court said that the commitment ought to he to the sheriff, who is the
legal and immediate officer to every Court of oyer and terminer, yet a
gaoler is a known officer of the law, and his custody is the custody of the
sheriff to many purposes, and they refused to discharge the prisoner on
habeas corpus, but left him to his writ of error. In R. v. Fowler, 1 Salk.
350, a writ of habeas corpus to the sheriff or gaoler, in the disjunctive,
was quashed. If a man is taken on a warrant to the sheriff in pursuance
of a writ to the sheriff, the habeas corpus ought to be directed to the
sheriff, for the party is in his custody and the writ itself must be returned.
Otherwise it is where one is committed to the gaoler immediately, as in
cases criminal. See Code, Art. 43,5 tit. HABEAS CORPUS.
1 Cocking v. Wade, 87 Md. 529, 539. But while at common law the sheriff
is entitled to the custody of the jail and the care of prisoners therein,
nevertheless he is a mere ministerial officer and an act of the legislature
talcing from the sheriff the control of a county jail and vesting the same
in a properly appointed Board of Visitors would be constitutional. Beasley
v. Ridout, 94 Md. 641.
2 Code 1911, Art. 87, secs. 44-46.
3 Balto. City Code, sec. 126. Beasley v. Ridout, 94 Md. 641; Field v.
Malster, 88 Md. 691.
* Code 1911, Art. 51, sec. 22.
5 Code 1911, Art. 42.

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 231   View pdf image (33K)
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