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sheriff may be returned, by depositing the same in the post-office, properly inclosed in a post-paid wrapper, addressed to the clerk, at the place where his office is situated; unless the officer, making the return in the name of the sheriff, resides in the place where the clerk's office is situated.
§ 103. A sheriff, or other officer, to whom is delivered, for service or Penalty for execution, a mandate, authorized by law to be issued, by a judge or special proother officer, in a special proceeding, who wilfully neglects to execute ceedings. the same, may be fined by the judge, in a sum not exceeding twentyfive dollars, and is liable to the party aggrieved for his damages sustained thereby.
$ 104 If a sheriff, to whom a mandate is directed and delivered, Sheriff may finds, or has reason to apprehend, that resistance will be made to tho power the execution thereof, he may command all the male persons in his of the county, or as many as he thinks proper, and with such arms as he overcome directs, including any military organization armed and equipped, to resistance. assist him in overcoming the resistance, and, if necessary, in arresting and confining the resisters, their aiders and abettors, to be dealt according to law.
$ 105. The sheriff must certify to the court, from which or by whose names of authority the mandate was issued, the names of the resisters, their resisters to aiders and abettors, as far as he can ascertain the same, to the end fied. that they may be punished for their contempt of the court.
§ 106. A person, commanded by a sheriff to assist him, as prescribed Punishin the last section but one, who, without lawful cause, refuses, or refusing to neglects to obey the command, is guilty of a misdemeanor.
§ 107. If it appears to the Governor, that the power of a county will Governor not be sufficient, to enable the sheriff thereof to serve or execute the may order process or other mandates, delivered to him, he must, on the application tary. of the sheriff, order such a military force, from another county or counties, as is necessary.
8 108. Where it is specially prescribed by law, that a sheriff must, Trial of or may, in his discretion, empanel a jury to try the validity of a claim
title by or title to, or of the right of possession of goods or effects, seized by third perhim by virtue of a mandate in an action, interposed by a person not a property party to the action, the trial must be conducted in the following man
seized by ner, except as otherwise specially prescribed by law:
1. The sheriff must, from time to time, notify as many persons to attend, as it is necessary, in order to form a jury of twelve persons, qualified to serve as trial jurors in the county court of the county, or, in the city and county of New-York, in the court of common pleas for that city and county, to try the validity of the claim.
2. Upon the trial, witnesses may be examined, in behalf of the claimant, and of the party, at whose instance the property claimed. was taken by the sheriff. For the purpose of compelling a witness to attend and testify, the sheriff, upon the application of either party to the inquisition, must issue a subpæna, as prescribed in section eight hundred and fifty-four of this act, and with like effect; except that a warrant to apprehend or to commit a witness, in a case specified in section eight hundred and fifty-five or section eight hundred and fifty-six of this act, may be issued by a judge of the court in which the action is brought, or by the county judge, or, in the city and county of New-York, by a judge of the court of common pleas for that city and county.
3. The sheriff must preside upon the trial. A witness, produced by either party, must be sworn by the sheriff, and examined orally in the
Expenses, how paid.
presence of the jury. A witness, who testifies falsely upon such an examination, is guilty of perjury in a like case, and is punishable in like manner, as upon the trial of a civil action.
8 109. Upon such a trial there are no costs; bụt the fees of the sheriff, jurors, and witnesses must be taxed, by a judge of the court, or the county judge of the county, or, in the city and county of New-York, by a judge of the court of common pleas for that city and county, and must be paid as follows:
1. If the jury, by their verdict, find the title, or the right of possession to the property claimed, to be in the claimant; by the party at whose instance the property was taken by the sheriff.
2. If they find adversely to the claimant, with respect to all the property claimed; by the claimant.
3. If they find the title, or the right of possession to only a part of. the property claimed, to be in the claimant; each party must pay his own witnesses' fees; and the sheriff's and jurors' fees must be paid, one-half by each party to the inquisition.
Before notifying the jurors, the sheriff may, in his discretion, require each of the parties to the controversy to deposit with him such reasonable sum, as may be necessary to cover his legal fees, and the jurors' fees. The sheriff must return to each party the balance of the sum so deposited by him, after deducting the fees, lawfully chargeable to that party, as prescribed in this section.
Provisions relating to the ececution, by a sheriff, of a mandate against the
2. Jails; jail discipline; and regulations concerning the confinement and
care of prisoners.
ARRESTING, CONVEYING TO JAIL, AND COMMITTING A PRISONER.
SECTION 110. Prisoner, how kept.
111. Support of prisoner in Kings county.
119. Officer or prisoner not liable to arrest. Prisoner, $ 110. A person arrested, by virtue of an order of arrest, in an how kept. action or special proceeding brought in a court of record; or of an
execution issued upon a judgment rendered in a court of record; or
surrendered in exoneration of his bail; must be safely kept in custody, in the manner prescribed by law, and, except as otherwise prescribed in the next two sections, at his own expense, until he satisfies the judgment rendered against him, or is discharged according to law.
$ 111. In the county of Kings, when the sheriff has actually con- Support of fined in jail a prisoner so arrested or surrendered, he must serve upon kings the plaintiff's attorney, as prescribed by law for the service of a paper county. upon an attorney in an action, a written notice, stating that he has so confined the prisoner, and that the plaintiff is required to make the payments specified in this section, in default whereof the prisoner will be discharged. Within three days after service of the notice, or six days, if the service is by mail, the plaintiff must pay to the sheriff the sum of twenty-five dollars, for the support of the prisoner for the first twenty days, after his actual confinement in jail, unless in the meantime he is discharged or admitted to the jail liberties. At or before the expiration of each subsequent period of twenty days, during which the prisoner has been so confined, the plaintiff must pay a like sum to the sheriff, for the prisoner's support during the ensuing twenty days. If a payment required by this section is not made, the prisoner must be discharged. The sheriff must apply all the money so paid, to the support of the prisoner, unless he is admitted to the jail liberties or discharged; in which case he must refund to the plaintiff's attorney a ratable portion of the last payment, according to the period of time, during which the prisoner was so confined.
$ 112. In any county except Kings, if a prisoner, actually confined id.; in in jail, makes oath before the sheriff, jailor, or deputy-jailor, that he is liber coununable to support himself during his imprisonment, his support is a county charge.
8 113. A sheriff or other officer shall not charge a person, whom he charges has arrested, with any sum of money, or demand, or receive from him for food, money, or any valuable thing, for any drink, victuals, or other thing, prohibited. furnished or provided for the officer, or for the prisoner, at any tavern, ale-house, or public victualing or drinking-house.
$ 114. A sheriff or other officer shall not demand or receive from a Also for person, arrested by him, while in his custody, a gratuity or reward, waiting for upon any pretence, for keeping the prisoner out of jail; for going with him or waiting for him to find bail, or to agree with his adversary; or for
purpose. 8 115. If a person arrested is kept in a house other than the jail of Rates of the county, the officer arresting him, or the person in whose custody for lodg. he is, shall not demand or receive from him any greater sum, for lodg- ing, etc. ing, drink, victuals, or any other thing, than has been theretofore prescribed by the court of sessions of the county; or, if no rate has been prescribed by the court of sessions, than is allowed by a justice of the peace of the same town or city, upon proof that the lodging or other thing was actually furnished, at the request of the prisoner. And such an officer or person shall not, in any case or upon any pretext, demand or receive compensation for strong, spirituous, or fermented Jiquor, or wine, sold. or delivered to the prisoner.
8 116. A prisoner so kept in a house, may send for and have beer, Prisoner ale, cider, tea, coffee, milk, and necessary food, and such bedding, may send linen, and other necessary things, as he thinks fit, from whom he saries. pleases, without detention of the same or any part thereof by, or paying for the same, or any part thereof to, the officer arresting him, or the person in whose custody he is.
for rent, etc., pro
$ 117. A sheriff, jailor, or other officer, shall not demand or receive Charges
money, or any valuable thing, for chamber rent in a jail; or any fee, hibited.
compensation, or reward, for the commitment, detaining in custody, release, or discharge of a prisoner, other than the fees expressly
allowed therefor by law. Prisoner, 8 118. A sheriff or other officer, who has lawfully arrested a prisoner,
may convey his prisoner through one or more other counties, in the jail
ordinary route of travel, from the place where the prisoner was arthrough another rested, to the place where he is to be delivered or confined. county.
§ 119. A prisoner so conveyed, or the officer having him in custody, • prisoner is not liable to arrest in any civil action or special proceeding, while not liable passing through another county.
how conveyed to
JAILS; JAIL DISCIPLINE ; AND REGULATIONS CONCERNING THE CONFINEMENT AND
CARE OF PRISONERS.
SECTION 120. Jail in New York city.
121. Jails in other counties.
Jail in New § 120. The building, now used as a jail in the city of New York, for York city. the confinement of prisoners in civil causes, shall continue to be the
jail of the city and county of New York, for the confinement of such persons; and the sheriff of the city and county of New York shall have the custody thereof, and of the prisoners in the same.
§ 121. The buildings, now used as the jails of the other counties of other coun. the State, shall continue to be the jails of those counties respectively,
until other buildings have been designated or erected for that purpose, according to law; and the sheriff of each county shall have the custody
of the jail or jails of his county, and of the prisoners in the same. Either of 8 122. The sheriff of a county, in which there is more than one jail, jails may may confine a prisoner in either; and may remove him from one jail be used. to another, within the county, whenever he deems it necessary for his
safe keeping, or for his appearance at court. Civil and § 123. A prisoner, arrested in a civil cause, must not be kept in a prisoners room, in which any prisoner, detained on a criminal charge or convicto be kept tion, is confined. separate. Males and § 124. Male and female prisoners must not be put in the same room ; females to except that a husband and his wife may be put or kept together, in a separate. room wherein there are no other prisoners. Penalties. 8 125. A sheriff, or other officer, who wilfully violates any of the
foregoing provisions of this title, forfeits to the person aggrieved,
treble damages. He is also guilty of a misdemeanor, and shall be punished accordingly. A conviction also operates as a forfeiture of his office.
8 126. The board of supervisors of each county, except New York, Jail physimust appoint some reputable physician, duly authorized to practice cian. medicine, as the physician to the jail of the county. If there is more than one jail they must appoint a physician to each. The common council of the city of New York must appoint a similar physician, to the jail of that city and county. The physician to a jail holds his office at the pleasure of the board which appointed him, except in the county of Kings. In that county, the term of his office is three years.
8 127. If the physician to a jail, or, in case of a vacancy, a physician Removal of acting as such, and the warden or jailor, certify in writing, that a sick prisprisoner, confined in the jail in a civil cause, is in such a state of bodily health, that his life will be endangered, unless he is removed to a hospital for treatment, the county judge, or, in the city and county of New York, one of the judges of the court of common pleas, must, upon application, make an order, directing the removal of the prisoner to a hospital within the county, designated by the judge; or, if there is none, to such nearest hospital as the judge directs; that the prisoner be kept in the custody of the •chief officer of the hospital, until he has sufficiently recovered from his illness, to be safely returned to the jail; that the chief officer of the hospital then notify the warden or jailor, and that the latter thereupon resume custody of the prisoner. If the prisoner actually escapes, while going to remaining at, or returning from the hospital, a new execution may be issued against his person, if he was in custody by virtue of an execution; or, if he was in custody by virtue of an order of arrest, a new order of arrest may be granted, upon proof by affidavit of the facts specified in this section, without other proof, and without an undertaking,
128. Strong, spirituous, or fermented liquor, or wine, shall not, on sale of any pretence, be sold within a building used and established as a jail. liquor in Spirituous, fermented or other liquor, except cider, and that quality of beer called table-beer, shall not be brought into a jail for the use of a person confined therein, without a written permit by the physician to the jail, which must be delivered to and kept by the keeper thereof, specifying the quantity and kind of liquor which may be furnished, the name of the prisoner for whom, and the time during which the same may be furnished.
8 129. Such a permit shall not be granted, unless the physician is Permit, satisfied, that the liquor allowed to be furnished is necessary for the where
granted. health of the prisoner, for whose use it is permitted; and that fact must be stated in the permit. $ 130. A person who brings into or sells in a jail, strong, spirituous, Penalties
for viola fermented, or other liquor, or wine, contrary to the foregoing provisions of this article; or a sheriff, keeper of a jail, assistant-keeper, or an officer, or person employed in or about a jail, who knowingly suffers liquor or wine to be sold or used therein, contrary to this article, is guilty of a misdemeanor, and shall be punished accordingly. A conviction also operates as a forfeiture of his office.
$ 131. A sheriff or jailor, upon whom a paper in an action or special Service of proceeding, directed to a prisoner in his custody, is lawfully served, or prisoner. to whom such a paper is delivered for a prisoner, must, within two days thereafter, deliver the same to the prisoner, with a note thereon of the time of the service thereof upon, or the receipt thereof by him.