J. J. Williams vs. W. J. Thweatt.
Reioard.
The governor offered a reward for the apprehension and delivery to jail of a fugitive slave. A. apprehended him and delivered him to a constable, who obtained a warrant and committed him to jail: — Held, that A. was entitled to the reward, and might recover it from the constable, who had received it from the governor.
BEFORE O’NEALL, J„ AT CHARLESTON, JUNE TERM, 1858.
The report of his Honor, the presiding Judge, is as follows:
“ In this case it appeared that the governor offered a reward for the apprehension and delivery of Moses, a fugitive slave charged with a felony, at the jail of Charleston district.
“ The plaintiff, by his slaves, apprehended Moses and had him confined on his own premises. He sent word to the defendant to take him away: he accordingly came and took him before the magistrate, who committed him to jail as a felon. The constable carried him to jail; he presented the certificate of the sheriff to the governor, that he had delivered the slave to the jail, and upon that he received the reward.
“ The action was brought to recover the reward thus received.
“I thought that if the jury was of opinion the plaintiff apprehended the negro, then the delivery of the negro to the constable, and his subsequent commitment to the jail of Charleston district by the magistrate, and the delivery there by the constable, would be sufficient to entitle the plaintiff to the reward; and he could therefore recover from the defendant.
“ The jury found for the plaintiff.”
*479The defendant appealed on the ground:
That his Honor erred in charging that the delivery of Moses by the plaintiff to the defendant, was equivalent to his delivery at the Charleston jail.
Pressley, for appellant,
cited Lockhart vs. Barnard, 9 Jurist, 929. Where an advertisement offers a reward for information, and it is given jointly by two persons, both must sue for the reward.
Curia, per ONeall, C. J.
We concur in the ruling of the Judge below ; the verdict of the jury in conformity to the same is right.
The governor offered the reward for the apprehension and delivery of Moses, a fugitive slave charged with a felony, to the jail of Charleston district. The plaintiff apprehended him and delivered him to the constable, the defendant, who took him before a magistrate, obtained his warrant, and then committed him to the jail of Charleston district. The governor’s reward was thus earned — by whom ? Surely by the plaintiff: for he apprehended the fugitive and placed him in the custody of a legal officer, whose duty was to lodge him in the jail, and which he did do.
The ground taken in the appeal has not been pressed, but a new position has been assumed, to wit, that the constable, the defendant, was entitled jointly with the plaintiff. I cannot perceive any ground for such a claim. He had nothing to do with the apprehension. The slave was delivered to him, as a public officer, to convey to the jail. He did this : but in doing it he must be regarded as discharging a public duty, for which he is paid in his fees of office. The motion is dismissed.
Johnston and Wardlaw, JJ., concurred.
Motion dismissed.