Oct. 11, 1862, $971. Oct. 11, 1862, $$72. Measure of damages in action for escape. Oct. 11, 1862, $973. Jail liberties, Oct. 11, 1862, $974. jail liberties. recaptured or surrendered before an action is commenced for the escape. § 1003. [972.] The measure of damages in an action of escape, as provided in the last section, is as follows:1. For the escape mentioned in subdivision 1, the actual damages sustained; 2. In any other case, the amount expressed in the execution or commitment. § 1004. [973.] The county court of each county shall designate a reasonable space of ground, adjacent to the jail of the county, to be denominated the jail liberties, as follows: 1. The liberties shall be laid out as nearly as may be in a square; except that a stream of water or highway may be adopted as an exterior line, though not in a straight line, or at right angles with the other exterior lines; 2. They shall not exceed five hundred acres in extent, and shall include the court-house and the office of the county clerk; 3. A description of their boundaries and extent shall be contained in the order establishing them; 4. The boundaries and limits shall be designated by visible and permanent objects. § 1005. [974.] Subject to the restrictions and limiAlteration of tations prescribed in the last section, the county court may alter the jail liberties not oftener than once in two years. A certified copy of the order establishing or altering the jail liberties shall be immediately delivered by the county clerk to the sheriff, who shall post the same in some conspicuous place in the county jail. Oct. 11, 1862, $975. Admission of prisoner to jail liberties. § 1006. [975.] A person in the custody of the sheriff, in a civil action, suit, or proceeding, by virtue of an order of arrest, or an execution, or upon a surrender in exoneration of bail, or upon a commitment for not paying money, may go at large within the jail liberties, with the consent of the sheriff. He must, however, be admitted to the jail liberties, upon giving security therefor, as provided in the next section. § 1007. [976.] The security for the jail liberties is Oct. 11, 1862, 976. taken by the sheriff, and shall be by written under- Undertaking liberties. taking, executed by one or more sufficient sureties, to for the 1. If upon an order of arrest, or a surrender in exoneration of bail in a civil action, suit, or proceeding, before judgment or decree, the sum recovered therein, not exceeding that mentioned in the writ of arrest, with interest and the sheriff's fees; 2. If upon an execution in a civil action, suit, or proceeding, or a commitment for not paying money, a sum not exceeding that mentioned therein, with interest and the sheriff's fees. § 977. § 1008. [977.] The sheriff is to determine the suffi- Oct. 11, 1862, ciency of the sureties in the undertaking, and if at any time after the giving of the undertaking he discover that If security the sureties are insufficient, he may recommit the pris- Pecommitted. oner to jail until other sufficient surety be given. insufficient prisoner to be 978. Surrender of § 1009. [978.] The sureties, at any time before the Oct. 11, 1862, judgment against them upon their undertaking, may surrender the prisoner, or he may surrender himself to prisoner. the sheriff or jailer, in exoneration of his sureties from a future liability, but not from a liability incurred before the surrender. The sheriff or the jailer shall thereupon, on the written request of the sureties, receive the prisoner into custody, and shall indorse the surrender upon the undertaking, and if required, give the sureties a certificate thereof. $979. § 1010. [979.] If a prisoner, allowed by the sheriff to oct. 11, 1862, go at large within the jail liberties, go beyond them, the sheriff in whose custody he is may pursue and retake prisoner him, as if he had escaped from jail. Retaking after escape. 980. § 1011. [980.] An action for the escape of a prisoner oct. 11, 1862. confined in a jail, or admitted to the jail liberties, for Oct. 11, 1862, $980. either of the causes mentioned in section 1006 [975], may be maintained by the party entitled thereto, against be maintained either the sheriff or the sureties for the jail liberties; but the election to sue the sureties discharges the sheriff. Action may againt sheriff or securities for the liabilities. Oct. 11, 1862, $181. Judgment against sheriff, when evidence against sureties. Oct. 11, 1862, $982. Sheriff who connives at escape guilty of misdemeanor. § 1012. [981.] If the action mentioned in the last section be commenced against the sheriff, and he give written notice thereof to the prisoner or his sureties, a judgment in such action against the sheriff is conclusive evidence of his right to recover against the prisoner or his sureties, as to any matter which was or might have been controverted in the action against the sheriff; and such judgment is evidence of the damages sustained by the sheriff, whether the same has been collected of him or not; and he is also entitled to recover his costs and reasonable expenses in defending the action against him, as part of his damages. § 1013. [982.] A sheriff, jailer, or other officer, who demands or receives a reward or gratuity to aid or assist, or who connives at, the escape of a prisoner in his custody, for any of the causes mentioned in section 1006 [975], is guilty of a misdemeanor. TITLE V. OF THE ASSIGNMENT OF THE JAIL, PRISONERS, AND PROCESS TO A NEW SHERIFF. § 1014. § 1015. § 1016. Notice of qualification to former sheriff, and effect thereof. Oct. 11, 1862, 983. Notice of qualification to former sheriff, and effect thereof. § 1017. Execution and return of process by former sheriff. § 1014. [983.] When a new sheriff is elected or appointed, and has qualified, the county clerk shall give him a certificate of that fact, under his seal of office. Whenever thereafter the new sheriff is authorized by statute to enter upon the duties of the office, he shall serve such certificate upon the former sheriff, from which time his powers cease, except when otherwise specially provided. Powers of sheriff cease when served with certificate under this section, and the pendency of a con test does not affect this result: War Oct. 11, 1862, ner v. Myers, 3 Or. 218. $983. 984. § 1015. [984.] Within one day after the service of the Oct. 11, 1862, certificate upon the former sheriff, he shall deliver to his successor, Delivery of jail, process, and prisoners 1. The jail of the county, with its appurtenances and to new sheriff. the property of the county therein; 2. The prisoners then confined in the county jail; 3. The process or other papers in his custody, authorizing or relating to the confinement of the prisoners, or if they have been returned, a written memorandum of them and the time and place of their return; 4. All process for the arrest of a party, and all papers relating to the summoning of jurors which have not been. fully executed; 5. All executions and final process, except those which he has executed, or has begun to execute, by the collection of money or a levy on property; 6. All process or other papers for the enforcement of a provisional remedy not fully executed. $985. Assignment and where filed. § 1016. [985.] He shall also at the same time deliver Oct. 11, 1862, to the new sheriff a written assignment of the property, process, papers, and prisoners delivered. The new sher- of the same, iff shall thereupon acknowledge in writing, upon the assignment, the receipt of the property, process, papers, and prisoners therein specified, and furnish the former sheriff a certified copy thereof, and file the original in the county clerk's office. and return of former sheriff. process by § 1017. [986.] The former sheriff shall return all pro- Oct. 21, 1878, § 1 cess, whether before or after judgment or decree, which Executions he has fully executed, and shall complete the execution of all final process which he has begun to execute; provided, that in all cases where real property has been or may be sold under execution by any sheriff, and he shall fail or neglect, during his term of office, by virtue of the expiration thereof, or otherwise, to make or execute a proper sheriff's deed conveying said property to the purchaser; or if, through mistake in its execution, or other Executions and return of former sheriff. Oct. 2,11878, 41, wise, any sheriff's deed shall be inoperative, the court by which said sheriff's sale has been, or shall be, confirmed process by may, upon motion, order that the sheriff in office at the time of making such order shall execute such conveyance, and such conveyance, so executed, shall have the same force and effect as if made by a sheriff who made the sale. Laws of 1878, p. 99. after the time of redemption has expired: Moore v. Willamette T. & L. Co., 7 Or. 359. TITLE VI. OF MISCELLANEOUS PROVISIONS RESPECTING SHERIFFS AND § 1018. Prisoners committed under process from courts of the United States; § 1020. § 1021. Directions of party to sheriff not to excuse him unless in writing. Oct. 11, 1862, $587. Persons committed under process § 1026. Sheriff may appoint jailer; to be responsible for his acts. § 1018. [987.] The sheriff shall receive and keep in the county jail every prisoner who is committed thereto. under civil or criminal process issued by a court of the from courts of United States, until he be discharged according to the laws thereof, as if he had been committed under process Compensation issued by the authority of this state. He may also receive for his own use the sum payable by the United States for the use of the jail. the U. S. to be received and kept by sheriff. therefor. Oct. 11, 1862, 988. § 1019. [988.] A sheriff or jailer to whose custody a prisoner is committed, as provided in the last section, is sheriff for U. S. answerable for his safe-keeping in the courts of the United States, according to the laws thereof. Liability of prisoners. Oct. 11, 1862, 989. § 1020. [989.] No direction or authority by a party or his attorney to a sheriff or his officer, in respect to the execution of process or the return thereof, or to any act |