If, by any attempt to rescue a convict on the way or by any other unforeseen danger, it becomes essentially necessary for the safe conveyance of the convict to summon a stronger guard than the sheriff conducting the prisoner may have been authorized to summon, it is lawful for the sheriff to summon an additional guard or guards as shall be necessary for that purpose. The additional guard or guards shall be paid as other guards, on the oath of the sheriff that the additional guard or guards were essentially necessary, and the officer making the payment being satisfied with the truth of the oath.
Code 1858, § 5267 (deriv. Acts 1829, ch. 38, § 4); Shan., § 7245; Code 1932, § 11852; T.C.A. (orig. ed.), § 40-3113.
Structure 2021 Tennessee Code
Chapter 23 - Execution of Judgment
§ 40-23-102. Defendant in Custody at Time of Judgment
§ 40-23-103. Sheriff to Commit Defendant
§ 40-23-105. Felons Sentenced to Jail Compelled to Hard Labor
§ 40-23-106. Notice to Commissioner of Convicts for Penitentiary
§ 40-23-108. Order Specifying Number of Guards for Removal of Prisoners
§ 40-23-109. Warrant to Summon Aid in Removal of Prisoners
§ 40-23-110. Summons of Additional Guards
§ 40-23-111. Qualifications of Guard
§ 40-23-112. Juror Disqualified to Act as Guard
§ 40-23-113. Report by Sheriff to Department of Correction
§ 40-23-115. Maintenance of Death Chamber
§ 40-23-117. Death Sentence Stands if Not Carried Out at Scheduled Time
§ 40-23-118. Warrant for Apprehension of Condemned Inmate
§ 40-23-119. Order of Execution After Arrest of Condemned Prisoner