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TITLE 2.

Sheriff to permit access for that purpose.

For a neglect or violation of this section, the sheriff or jailor, guilty thereof, is liable to the prisoner for all damages occasioned thereby.

8 132. Subject to reasonable regulations, which the sheriff may establish for that purpose, a sheriff, jailor, or other officer, who has the custody of a prisoner, must permit such access to him as is necessary, for the personal service of a paper in an action or special proceeding,

to which the prisoner is a party, and which must be personally served. Prisoners 8 133. A sheriff must receive into his jail and keep a prisoner, comunder United mitted to the same, by virtue of civil process issued by a court of States record, instituted under the authority of the United States, until he is process.

discharged by the due course of the laws of the United States, in the same manner as if he was committed by virtue of a mandate in a civil action, issued from a court of the State. The sheriff may receive, to his own use, the money payable by the United States for the use of

the jail. Sheriff 8 134. A sheriff or jailor, to whose jail a prisoner is committed, as answerable for their

prescribed in the last section, is answerable for his safe keeping, in custody. courts of the United States, according to the laws thereof.

ARTICLE THIRD.

TEMPORARY JAILS, AND TEMPORARY REMOVAL OF PRISONERS FROM JAIL.

SECTION 135. When jail becomes unfit, etc., another to be designated.

136. Designation, how annulled.
137. Copy of designation to be served on the sheriff, etc.
138. Prisoners already upon jail liberties.
139. Jail liberties to prisoner, who becomes entitled thereto, before removal.
140. Id. ; to prisoners removed.
141. When designation to be revoked, etc.
142. Copy of revocation to be served on sheria; sheriff's duty thereon.
143. Removal of prisoners in case of fire.
144. What officer to act in case of absence, etc.

When jail 8 135. If there is no jail in a county; or the jail becomes unfit or becomes unfit, etc.,

unsafe for the confinement of some or all of the prisoners, or is deanother to stroyed by fire or otherwise ; or if a pestilential disease breaks out in

. nated. the jail

, or in the vicinity of the jail, and the physician to the jail certifies that it is likely to endanger the health of any or all of the prisoners in the jail; the county judge, or, in the city and county of New York, the chief-judge of the court of common pleas, must, by an instrument in writing, filed with the clerk of the county, designate another suitable place within the county, or the jail of a contigous county, for the confinement of some or all of the prisoners, as the case requires. The place so designated thereupon becomes, to all intents and purposes, except as otherwise prescribed in this article, the jail of the county for which it has been so designated, and for the pur

poses expressed in the instrument designating the same. Designa- $ 136. The designation may be modified or revoked, by the judge tion, how annulled. making the same, by a like instrument in writing, filed with the clerk

of the county. Copy of § 137. The county clerk must serve a copy of the designation, duly designa tion to be

certified by him, under his official seal, on the sheriff and keeper of served on the jail of a contiguous county so designated. The sheriff of that the sheriff,

county must, upon the delivery of the sheriff of the county for which the designation is made, receive into his jail, and there safely keep,

etc.

ART 3

oner, who

all persons who may be lawfully confined therein, pursuant to this article; and he is responsible for their safe keeping, as if he was the sheriff of the county for which the designation is made.

S 138. If a prisoner has been admitted to the liberties of the jail of Prisoners the county, for which the designation is made, he must, notwithstand- alread ing, remain within those liberties; but he may be removed by the liberties. sheriff, to whom he has given bond for the liberties, to the jail or other place so designated, and confined therein, in a case, where the sheriff might coufine him in the jail of his own county.

$ 139. If a person, who is arrested, before or after the designation, Jail liber: by the sheriff of the county for which the designation is made,

ties to pris.

becomes entitled, after the designation, and before his removal, to the liberties becomes of the jail, he must be admitted to the liberties of the jail of that thereto, county, as if the designation had not been made ; but he may be before reremoved by the sheriff to the jail, or other place, so designated, and confined therein, in a case, where the sheriff might confine him in the jail of his own county.

§ 140. If a person confined in or removed to the jail of a contiguous Id.; to priscounty, designated as prescribed in this article, becomes entitled to the oners reliberties of the jail, the sheriff of that county must admit him to the jail liberties, as if he had been originally arrested by that sheriff, on a mandate directed to him.

8 141. When a jail is erected for the county, for whose use the desig- When des · nation was made, or its jail is rendered fit and safe for the confinement ignation to of prisoners, or the reason for the designation of another jail or place ed, etc. has otherwise ceased to be operative, the designation must be revoked, as prescribed in this article.

§ 142. The county clerk must immediately serve a copy of the revo- Copy of recation, duly certified by him under his official seal, upon the sheriff of vocation to the same county; who must remove the prisoners belonging to his on sherill; custody, and confined without his county, to his proper jail. If a

duty there. prisoner has been admitted to the jail liberties in the other county, he on. must also be removed; and he is entitled to the liberties of the jail of the county, to which he is removed, without a new bond, as if he had been originally admitted to the jail liberties in that county; and the bond given by him applies accordingly to those liberties.

$ 143. If, by reason of a jail, or a building near a jail, being on fire, Removal of there is reason to apprehend that some or all of the prisoners confined prisoners in the jail, may be injured, or may escape, the sheriff or keeper of the tire. jail may, in his discretion, remove them to some safe and convenient place, and there confine them, until they can be safely returned to the jail; or, if the jail is destroyed, or so injured, that it is unfit or unsafe for the confinement of the prisoners, until a designation is made, as prescribed in section one hundred and thirty-five of this act.

8 144. If the county judge, or the chief-judge of the court of common what offipleas for the city and county of New-York, is absent or unable to act, cer to act or if his office is vacant, a designation, or the revocation or modification absence, thereof, as prescribed in this article, may be made, in any county, except New-York, by the special county judge or the district attorney, or in the city and county of New-York, by any judge of the court of common pleas.

25

sheriff's

etc.

TITLE 2.

ARTICLE FOURTH.

JAIL LIBERTIES; ESCAPES.

tain coun.

SECTION 145. Jail liberties in certain counties.

146. Id.; in other counties.
147. Id.; how laid out.
148. Copy to be kept posted in jail.
149. Who admitted to liberties.
150. Bond to be executed by prisoner; its contents.
151. For whom bond to be held.
152. Prisoner to be committed when surety is insufficient
153. Surrender of prisoner by his sureties.
154. How surrender made.
155. What deemed and what not deemed an escape.
156. When court may order prisoner out of sheriff's custody.
157. Prisoners committed for contempt.
158. Sheriff's liability for escape.

159. Penalty for connivance at escape by a sheriff, etc. Jail liber- § 145. The following are the liberties of the jail for each of the ties in cer.

counties specified, to wit: ties. For the city and county of New-York, the whole of that city and

county.

For the county of Onondaga, the whole of the city of Syracuse.
For the county of Monroe, the whole of the city of Rochester.
For the county of Erie, the whole of the city of Buffalo.
For the county of Dutchess, the whole of the city of Poughkeepsie.
For the county of Kings, the whole of that county.
For the county of Albany, the whole of the city of Albany.
For the county of Jefferson, the whole of the city of Watertown.
For the county of Herkimer, the whole of the village of Herkimer.

For the county of Rensselaer, the whole of the city of Troy.
Id.; in other

146. The liberties of the jail in each of the other counties of the counties.

State, as heretofore established, shall continue to be the liberties thereof, until they are altered, or new liberties are established, as prescribed by

law. Id.; how § 147. Where the liberties of a jail are altered or established, by laid out.

resolution of the board of supervisors, as prescribed by law, a space of ground, adjacent to the jail, and not exceeding five hundred acres in quantity, must be laid out as the jail liberties, in a square or rectangle as nearly as may be; but a stream of water, canal, street, or highway, may be adopted as an exterior line, notwithstanding it is not in a straight line, or is not at right angles with the other exterior lines of the liberties. A resolution establishing or altering jail liberties, must contain a particular description of their boundaries; and as soon as may be after its adoption, the boundaries must be designated by monuments, inclosures, posts, or other visible and permanent marks, at

the expense of the county. Copy to be § 148. The county clerk must, within one week after a resolution of kepe posted the board of supervisors, establishing or altering jail liberties, has been in jail

filed in his office, deliver an exemplified copy thereof to the keeper of the jail, who must keep the same exposed to public view, in an open and public part of the jail, and exhibit it to each person admitted to the liberties of the jail, at the time of his executing a bond for that purpose.

ART. 4.

liberties.

cient.

8 149. A person in the custody of a sheriff, by virtue of an order of Who adarrest; or of an execution in a civil action; or in consequence of a sur-mitted to render in exoneration of his bail; is entitled to be admitted to the liberties of the jail upon executing a bond to the sheriff, as prescribed in the next section.

$ 150. The bond must be executed by the prisoner and one or more Bond to be sufficient sureties, residents and householders or freeholders of the executed

. county, in a penalty at least twice the sum in which the sheriff was re- er, its conquired to hold the defendant to bail, if he is in custody under an order of tents. arrest, or has been surrendered in exoneration of his bail, before judgment; or directed to be collected by the execution, if he is in custody under an execution; or remaining uncollected upon a judgment against him, if he has been surrendered after judgment; conditioned that the person so in custody shall remain a prisoner, and shall not, at any time or in any manner, escape or go without the liberties of the jail until discharged by due course of law.

§ 151. A bond so taken is held for the indemnity of the sheriff tak- For whoin ing it, and of the party at whose instance the prisoner executing it is bend to be confined.

§ 152. If a sheriff, who has taken such a bond, discovers that a surety Prisoner to therein is insufficient, he may commit the prisoner who executed it to be commitclose confinement in the jail, until another bond, with good and suffi- surety is

insufi cient sureties, is offered.

$ 153. One or more of the sureties, in a bond given for the liberties Surrender of a jail, may surrender the principal, at any time before judgment is of prisoner. rendered against them in an action on the bond; but they are not ex- ties. onerated thereby, from a liability incurred before making the surrender.

8 154. The surrender must he made as follows. The surety or sure- How surties making it must take the principal to the keeper of the jail, who must, upon his or their written requisition to that effect, take the principal into his custody, and indorse upon the bond given for the liberties, an acknowledgment of the surrender; and also, if required, give the surety or sureties a certificate, acknowledging the surrender.

§ 155. The going at large, within the liberties of the jail in which what he is in custody, of a prisoner who has executed such a bond; or of a prisoner who would be entitled to the liberties upon executing such a not deemed bond, is not an escape. But the going at large, beyond the liberties, by a prisoner, without the assent of the party at whose instance he is in custody, is an escape; and the sheriff in whose custody he was, has the same authority to pursue and retake him, as if he had escaped from the jail. Such an escape forfeits the bond for the liberties, if any; subject to the provisions of the next article of this title.

§ 156. Where a person, who has been indicted for a criminal offence, When is held by a sheriff, by virtue of a mandate in a civil action or special court may proceeding; the court, in which the indictment is pending, may make oner out of an order, requiring the sheriff to bring him before the court; where- sheriffs

custody. upon the court may make such disposition of the prisoner, as to it seems proper. The sheriff's fees and expenses, in so doing, are a county charge of the county wherein the court is sitting.

8 157. A prisoner, committed to jail upon process for contempt, or Prisoner committed for misconduct in a case prescribed by law, must be actually for conconfined and detained within the jail, until he is discharged by due tempt. course of law, or is removed to another jail or place of confinement, in a case prescribed by law. A sheriff or keeper of a jail, who suffers

render made.

deemed and what

an escape.

TITLE 2.

Sheriff's

escape.

such a prisoner to go or be at large out of his jail, except by virtue of a writ of habeas corpus, or by the special direction of the court committing him, or in a case specially prescribed by law; is liable to the party aggrieved, for his damages sustained thereby, and is guilty of a misdemeanor. If the commitment was for the non-payment of a sum of money, the amount thereof, with interest, is the measure of damages.

8 158. Where a prisoner, in a sheriff's custody, goes or is at large beliability for

yond the liberties of the jail, without the assent of the party at whose. instance he is in custody, the sheriff is answerable therefor, in an action against him, as follows:

1. If the prisoner was in custody by virtue of an order of arrest, or in consequence of a surrender in exoneration of his bail, before judgment, the sheriff is answerable to the extent of the damages sustained by the plaintiff.

2. If the prisoner was in custody by virtue of any other mandate, or in consequence of a surrender in exoneration of his bail, after judgment, the sheriff is answerable for the debt, damages, or sum of money,

for which the prisoner was committed. Penalty for 159. A sheriff or other officer, who demands or receives a reward,

gratuity, or other valuable thing, to procure, assist, connive at, or perby a shérift, mit an escape of a prisoner, in his custody, is guilty of a misdemeanor,

and shall be punished accordingly. A conviction also operates as a forfeiture of his office, and disqualifies him forever thereafter from holding the same.

connivance at escape,

ARTICLE FIFTH.

ACTION UPON AND ASSIGNMENT OF A BOND FOR JAIL LIBERTIES.

SECTION 160. Defence in action by sheriff on bond.

161. Judgment against sheriff to be evidenced against sureties, etc.
162. Summary judgment for sheriff.
163. Requisites of application therefor.
164. Such judgment when stayed. Same; when vacated.
165. Judgment against sheriff is evidence of damages.
166. Assignment of bond.
167. Action on bond by assignee; damages recoverable.
168. Such assignment bars action against sheriff.
169. Defence in action by assignee.
170. Stay of proceedings where assignment is not taken.
171. Defence of sheriff in action for escape.

Defence in $ 160. In an action brought by a sheriff on a bond for the jail liber action by ties, it is a defence, that the prisoner voluntarily returned to the liberbond. ties of the jail from which he escaped, or was recaptured by, or sur

rendered to the sheriff, from whose custody he escaped, before the commencement of the action. The defendants may make that or any other defence to the action, which might be made by the sheriff, to an

action against him for the escape. Judgment 8 161. But if judgment has been rendered against the sheriff, in an against sheriff to action brought for the escape, and due notice of the pendency of the be evi.

action was given to the prisoner and his sureties, to enable them to denco against defend the same, the judgment against the sheriff is conclusive evisureties,

dence of his right to recover against the prisoner and his sureties, to whom the notice was given, as to any matter which was or might have been controverted, in the action against the sheriff.

etc.

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