Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 42-4-9 | Car Wreck Lawyer

TITLE 42 PENAL INSTITUTIONS

Section 4. Jails, 42-4-1 through 42-4-105.

ARTICLE 1 GENERAL PROVISIONS

42-4-9. Conditions for receipt of federal prisoners.

The keeper of a county jail may decline to receive a person from the custody of anyone acting under the authority of the United States government. He may receive the person if the consent of the authority having control of county matters is first obtained. If the keeper receives the person he shall have the same duties and responsibilities toward him as in the case of inmates committed under the authority of this state.

(Orig. Code 1863, § 334; Code 1868, § 395; Code 1873, § 359; Code 1882, § 359; Ga. L. 1889, p. 47, § 2; Penal Code 1895, § 1123; Penal Code 1910, § 1152; Code 1933, § 77-106.)

JUDICIAL DECISIONS

Liability for mistreatment of federal prisoner.

- In the absence of Georgia statutory law there would be no liability on the part of a jailer for mistreatment of a United States prisoner whom a jailer is not required to receive. Tate v. National Sur. Corp., 58 Ga. App. 874, 200 S.E. 314 (1938).

Keeper of county jail officer of United States court.

- Keeper of a county jail of a state, who receives prisoners for the federal government, and is paid for their maintenance, is an officer of the United States court. In re Birdsong, 39 F. 599 (S.D. Ga. 1889). See Erwin v. United States, 37 F. 470 (S.D. Ga. 1889), rev'd on other grounds, 47 U.S. 676, 13 S. Ct. 439, 37 L. Ed. 328 (1893).

RESEARCH REFERENCES

C.J.S.

- 72 C.J.S., Prisons and Rights of Prisoners, § 3.

Cases Citing Georgia Code 42-4-9 From Courtlistener.com

Total Results: 1

Humphrey v. Wilson

Court: Supreme Court of Georgia | Date Filed: 2007-10-26

Citation: 652 S.E.2d 501, 282 Ga. 520

Snippet: fifteen-year-old participant); Ind. Code §§ 35-42-4-3; 35-42-4-9; Iowa Code §§ 709.4 (2) (c) (4); 709.12; Ken. Rev