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safely used for that purpose. All prisoners may attend such services.

[County Law, $ 94,
without change.]

§ 29. Jail physician.- The board of supervisors of each county, except the counties entirely embraced within the city of New York, 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 sheriff of each county embraced entirely within the city of New York must appoint a similar physician to each jail within such county. The physician to a jail holds his office at the pleasure of the board or officer who appointed him, except in the county of Kings. In that county, the term of his office is three years.

[Code Civ. Pro., § 126,

with such changes as are required because of the charter of the Greater New York.]

$ 30. Prisoner committed for contempt.- A prisoner committed to jail upon process for contempt or for misconduct in a case prescribed by law, must be actually confined and detained within the jail, until he is discharged by due 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 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 nonpayment of a sum of money, the amount thereof with interest is the measure of damages.

[Code Civ.'Pro., § 157,

without change.]

§ 31. Commitments by United States courts.- Such keeper shall receive and keep in his jail every person duly committed thereto charged with or convicted of an offense against the United States, if sentenced to imprisonment for less than one year by any court or officer of the United States within this state, until he shall be duly discharged, and such person so committed shall be supported therein at the expense of the United States.

[County Law, § 96,

without material change.]

32. Record of commitments.- Each keeper shall keep a record of the date of entrance, name, cause of commitment, by whom committed, age, sex, color, place of residence when committed, and date and manner of discharge of each person delivered to his charge. In the case of a prisoner received under a sentence, such record shall also contain the offense for which he was sentenced, term of sentence, fine imposed, if any, place of birth, social relations, education, religious belief, trade or occupation, how employed, when arrested and number of previous convic


[County Law, $ 95, rewritten.]

§ 33. Keepers to present list of prisoners detained, to courts.Each keeper shall present to every term of the supreme and county courts having a grand jury, to be held in his county, at the opening of the court, a list stating:

1. The name of every prisoner then detained in such jail other than those under sentence, and United States prisoners.

2. The time when he was committed and by virtue of what precept. 3. The cause of his detention.

[County Law, § 97. The present law requires the sheriff to present to the criminal courts a list of all prisoners detained in jail. We have excepted prisoners under sentence and United States prisoners.]

§ 34. Prisoners to be discharged if not indicted.--Within twenty-four hours after the discharge of a grand jury the court shall cause every person confined in a jail on a criminal charge to await the action of the grand jury, who has not been indicted, to be discharged without bail, unless satisfactory cause shall be shown for his further detention, or, if the case may require, until the meeting of the next grand jury in the county.

[County Law, $ 98, !
without change.]

§ 35. Suspension of habeas corpus. During a term of the supreme court in any county having a grand jury, no person de. tained in a jail of such county upon a criminal charge, shall be removed therefrom by writ of habeas corpus, unless such writ shall have been issued by or shall be made returnable before such court.

[County Law, $ 99,
without change in substance.]

§ 36. Prisoner to be discharged if unable to pay fine.-The county court may, in its discretion, discharge a person confined in a jail of such county for the nonpayment of a fine, not exceeding two hundred and fifty dollars, imposed for a criminal offense and against whom no other cause of detention exists, on satisfactory proof being made to the court that he is and has been ever since his conviction unable to pay such fine.

[County Law, $ 100,

without change. See § 484, Code of Crim. Pro.]

§ 37. Sheriff or other officer not to receive anything of value from a prisoner.-A sheriff or other officer shall not charge, demand or receive from a person whom he has arrested or has in control, any money or other valuable thing for anything furnished or provided for the officer or for the prisoner at any hotel, saloon or other place; nor shall he demand or receive from such prisoner, while in his custody, a gratuity or reward, upon any pretense, for keeping him 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.

[Code Civ. Pro., SS 113, 114,
without material change.]

§ 38. Charges for jail accommodations.-A sheriff, jailor, or other officer shall not demand or 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 there. for by law.

[Code Civ. Pro., § 117,
without change.]

$ 39. Service of papers on prisoner.-A sheriff or jailor, upon whom a paper in an action or special proceeding directed to a prisoner in his custody is lawfully served, or 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. For a neglect or violation of this section, the sheriff or jailor guilty thereof is liable to the prisoner for all damages occasioned thereby.

Subject to reasonable regulations prescribed by the sheriff, access to a prisoner shall be allowed for the personal service, when necessary, of a paper in an action or special proceeding to which the prisoner is a party.

[Code Civ. Pro., SS 131, 132,
without change in substance.]

§ 40. Conveyance of persons through other counties.—A sheriff or other officer who has lawfully arrested a prisoner, may convey him through one or more counties, in the ordinary route of travel, from the place where the prisoner was arrested, to the place where he is to be delivered or confined.

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

[Code Civ. Pro., SS 118, 119,

without change.]

§ 41. Removal of prisoners in case of fire.—If a jail or a building near a jail is on fire, and there is danger that the prisoners confined in the jail may be injured or may escape, the sheriff or keeper 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 unfit or unsafe for the confinement of the prisoners, until a place is designated

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