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vice may be made at the county clerk's office, upon the county clerk or his deputy. The service, in the cases provided in this section, is equivalent to a personal service on the sheriff.

ARTICLE III.

UNDER AND DEPUTY SHERIFFS.

SECTION 403, 404. How appointed.

405. Their duties.

406. Under sheriff, when to act as sheriff.

$403. The sheriff, immediately after entering upon his office, must appoint an under sheriff, to hold during his pleasure and must make a similar appointment, as often as a vacancy occurs in the office of under sheiff. He may also appoint as many deputies as he thinks proper; and may grant a special written authority to any other person to do a particular act.

§ 404. The appointment of an under sheriff and of a deputy sheriff, must be in writing, and filed in the of fice of the county clerk. The person appointed must also, before entering upon his office, take and file with the county clerk, the constitutional oath of office.

§ 405, The under sheriff must perform such services relating to the duties of the sheriff, as may be required by that officer. A deputy sheriff must execute all orders or process of a court or judicial officer, delivered to him for that purpose, and may perform every act incidental thereto.

§ 406. During a vacancy in the office of sheriff, the under sheriff must act as sheriff: and his neglect or misconduct in office, is a breach of the official bond of the sheriff by whom he was appointed as well as of the security given by him to the sheriff.

ARTICLE IV.

DUTIES OF OFFICERS, IN THE EXECUTION AND RETURN OF PROCESS.

SECTION 407. When to furnish copy of process.

408. How to execute process.

§ 407. When process of any description is delivered to an officer, to be executed, he must deliver to the person delivering it, if required, on payment of his fee, a written memorandum, signed by him, specifying the names of the parties in the process, the general nature thereof, and the day on which it was received. He must also, upon the request of the party served, without fee, deliver to him a copy thereof.

§ 408. An officer to whom process is delivered, must execute it according to its command, or as required by this code or by special statutes: and must make a written return of the execution thereof. For a failure to do so, he is liable to an action, at the suit of the party aggrieved, for the damages sustained by him, in addition to any other fine or punishment.

ARTICLE V.

PROCEEDINGS, IN CASE OF RESISTANCE TO THE EXECUTION OF PROCESS.

SECTION 409. Duty of officer, if execution of process be resisted.

410. Duty of persons to aid him, and consequences of refusal.

§ 409. When an officer finds or has reason to appre hend, that resistance will be made to the execution of process, delivered to him for service, he may command as many male inhabitants of his county as he may think proper, and any military company or companies in the county, armed and equipped, to assist him in overcoming the resistance, and if necessary in seizing, arresting and confining the resisters and their aiders and abettors, to be punisned according to law.

§ 410. Every person commanded by an officer to assist him in the execution of process, as provided in section 409, who without lawful cause, refuses or neg lects to obey the command, is guilty of a misdemeanor

ARTICLE VI.

CONDUCT OF THE SHERIFF, TO PERSONS ARRESTED ON CIVIL PROCESS.

SECTION 411. Prohibited from receiving gratuity.

412. When he may receive compensation for lodging or necessaries. 413. Prisoner arrested, may procure necessaries.

414. Sheriffs may pass through other counties with prisoner.

§ 411. Neither the sheriff, nor any other officer, can charge or receive from a person arrested on civil process, compensation for necessaries or lodging furnished to him while he is in custody, or for his commitment or discharge, except as specially authorised by this code; nor can he demand or receive a gratuity for

keeping a prisoner out of jail, or for waiting for him to find bail, or agree with the adverse party, or for any other purpose.

§ 412. If a person arrested be kept in a house other than the county jail, neither the officer arresting him, nor the person in whose custody he is, can receive from him a greater sum for lodging or necessaries, than is prescribed by the county judge. If no such rate have been prescribed, the officer or person in whose custody the prisoner is, cannot receive a greater sum than may be allowed by a justice of the peace, of the town, on proof that the lodging or necessaries were furnished at the request of the prisoner. And no compensation can in any case be received, for intoxicating liquors, sold or delivered to the prisoner.

§ 413. A person arrested and kept in a house, other than a county jail, may procure such necessaries as he may think fit, without the detention thereof, or payment therefor, to the officer arresting him, or the person in whose custody he is.

§ 414. A sheriff or other officer who has arrested a person in one county, may pass through such parts of another county or counties, as are in the usual route of travel, from the place where the prisoner was arrested, to that to which he is to be conveyed and delivered. And neither the prisoner nor the officer having him in custody, can be arrested on civil process, while passing

through any other county than that in which the arrest was made.

ARTICLE.

COUNTY JAILS; THE KEEPING OF PRISONERS THEREIN; AND THE PROTECTION THEREOF.

SECTION 415. County jails established.

416, 417. By whom kept, and for what purpose.

418. Sheriff to appoint keeper of jail.

419. Rooms in jail.

420, 421. Regulations as to keeping prisoners separate. Duty of supervisors. 422. What are the county jails.

123. Regulations thereof.

424. Designation of the jail of another county, in certain cases.

425. Duty of the sheriff and keeper of the jail designated, in such case. 426-428. Regulations as to admission to jail liberties, when jail of another county is designated.

429.

Designation of jail of another county, when and how revoked. 430. Revocation to be served on sheriff, and his duty thereon.

431. Confinement of prisoners, when there is more than one jail in the county.

432. Removal of prisoners in case of fire.

433. Removal of prisoners in case of pestilence or contagious disease. 434. Physician to jail, how and by whom appointed.

435, 436. Regulations as to bringing and using intoxicating liquors in jail. 437. Papers directed to prisoner, by whom and when delivered to him.

Penalty for neglect.

438. Guard of jail how to be organized.

439. Under whose command to be placed.

440-443. Their compensation, and how paid and collected.

444. Temporary guard, when and how exercised.

445. Expenses of sheriff or other connty officer, pursuant to last seven sections, a county charge.

§ 415. There is in each of the counties of this state, a prison known as the county jail.

§ 416. The county jail is kept by the sheriff, and is, (except in the city and county of New-York,) used as a prison,

1. For the detention of persons committed in default of security to appear as witnesses in a criminal action, as provided in the code of criminal procedure:

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