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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.

New provision. See 2 R. S. 5, § 12.

TITLE II.

Provisions relating to the execution, by a sheriff, of a mandate against the

person.

ARTICLE 1. Arresting, conveying to jail, and committing a prisoner.

2. Jails; jail discipline; and regulations concerning the confinement
and care of prisoners.

3. Temporary jails, and temporary removal of prisoners from jail.
4. Jail liberties; escapes.

5. Action upon and assignment of a bond for jail liberties.

ARTICLE FIRST.

ARRESTING, CONVEYING TO JAIL, AND COMMITTING A PRISONER.

SEC. 110. Prisoner, how kept.

111. Support of prisoner in Kings county.

112. Id.; in other counties.

113. Charges for food, etc., when prohibited.

114. Also for waiting for prisoner.

115. Rates of charges for lodging, etc.

116. Prisoner may send for necessaries.

117. Charges for rent, etc., prohibited.

118. Prisoner, how conveyed to jail through another county.

119. Officer or prisoner not liable to arrest.

how kept.

§ 110. A person arrested, by virtue of an order of arrest, in an Prisoner, 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.

2 R. S. 391, §§ 76, 77, consolidated, and made to include a person taken under an order of arrest.

of prisoner

in Kings

county.

§ 111. In the county of Kings, when the sheriff has actually con- Support fined in jail a prisoner so arrested or surrendered, he must serve upon the plaintiff's attorney, as prescribed by law for the service of a paper 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.

Laws of 1869, ch. 813, amended.

other

§ 112. In any county except Kings, if a prisoner, actually con- Id.; in fined in jail, makes oath before the sheriff, jailor, or deputy-jailor, counties. that he is unable to support himself during his imprisonment, his support is a county charge.

Laws of 1875, ch. 251, §§ 1 and 4.

for food,

§ 113. A sheriff or other officer shall not charge a person, whom Charges he has arrested, with any sum of money, or demand, or receive from etc., him money, or any valuable thing, for any drink, victuals, or other prohibit

when ed.

Also for waiting for

prisoner.

Rates of charges

ing, etc.

thing, furnished or provided for the officer, or for the prisoner, at
any tavern, ale-house, or public victualing or drinking-house.
2 R. S. 444, § 1.

§ 114. A sheriff or other officer shall not demand or receive from a person, arrested by him, while in his custody, a gratuity or reward, 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 any other purpose.

2 R. S. 445, § 2, amended.

§ 115. If a person arrested is kept in a house, other than the jail for lodg of the county, the officer arresting him, or the person in whose custody he is, shall not demand or receive from him any greater sum, for lodging, 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 liquor, or wine, sold or delivered to the prisoner. 2 R. S. 445, § 3.

Prisoner may send

saries.

§ 116. A prisoner so kept in a house, may send for and have for neces- beer, ale, cider, tea, coffee, milk, and necessary food, and such bedding, linen, and other necessary things, as he thinks fit, from whom he 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.

Charges for rent, etc., pro

hibited.

Prisoner,

how conveyed to jail through another

county.

2 R. S. 445, § 4.

§ 117. A sheriff, jailor, or other officer, shall not demand or receive receive money, or any valuable thing, for chamber rent in a jail; or any fee, compensation, or reward, for the commitment, detaining in custody, release, or discharge of a prisoner, other than the fees expressly allowed therefor by law.

2 R. S. 445, § 5.

§ 118. A sheriff or other officer, who has lawfully arrested a prisoner, may convey his prisoner through one or more other counties, in the ordinary route of travel, from the place where the pris

oner was arrested, to the place where he is to be delivered or confined.

2 R. S. 118, § 6.

prisoner

§ 119. A prisoner so conveyed, or the officer having him in cus- officer or tody, is not liable to arrest in any civil action or special proceeding, not liable while passing through another county.

2 R. S. 445, § 7, amended, by omission of first clause.

ARTICLE SECOND.

JAILS; JAIL DISCIPLINE; AND REGULATIONS CONCERNING THE CONFINEMENT

AND CARE OF PRISONERS.

SEC. 120. Jail in New-York city.

121. Jails in other counties.

122. Either of several jails may be used.

123. Civil and criminal prisoners to be kept separate.

124. Males and females to be kept separate.

125. Penalties.

126. Jail physican.

127. Removal of sick prisoners.

128. Sale of liquor in jails.

to arrest.

129. Permit, when granted.

130. Penalties for violation.

131. Service of papers on prisoner.

132. Sheriff to permit access for that purpose. 133. Prisoners under United States process. 134. Sheriff answerable for their custody.

New

§ 120. The building, now used as a jail in the city of New-York, Jail in for the confinement of prisoners in civil causes, shall continue to be York city. 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 NewYork shall have the custody thereof, and of the prisoners in the

same.

2 R. S. 446, § 12; and 1 id. 352, first clause of § 75.

other

§ 121. The buildings, now used as the jails of the other counties Jails in of the State, shall continue to be the jails of those counties respect- counties. ively, 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.

2 R. S. 447, § 13; and 1 id. 352, second clause of § 75.

Either of

§ 122. The sheriff of a county, in which there is more than one several jail, may confine a prisoner in either; and may remove him from jails may

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Civil and criminal

one jail to another, within the county, whenever he deems it necessary for his safe keeping, or for his appearance at court.

2 R. S. 448, § 24.

§ 123. A prisoner, arrested in a civil cause, must not be kept in prisoners a room, in which any prisoner, detained on a criminal charge or conseparate. viction, is confined.

to be kept

Males and females

2 R. S. 446, § 8.

§ 124. Male and female prisoners must not be put in the same to be kept room; except that a husband and his wife may be put or kept together, in a room wherein there are no other prisoners.

separate.

Penalties.

Jail physician.

Removal

of sick

2 R. S. 446, § 10, amended verbally.

§ 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.

2 R. S. 446, § 11.

§ 126. The board of supervisors of each county, except NewYork, must appoint some reputable physician, duly authorized to practice 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.

2 R. S. 449, part of § 28, as modified by Laws of 1869, ch. 418.

§ 127. If the physician to a jail, or, in case of a vacancy, a phyprisoners. sician acting as such, and the warden or jailor, certify in writing, that a prisoner, 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

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