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as prescribed in this chapter; and when so designated the pris oners may be removed thereto, and confined therein.

гCode Civ. Pro., § 142,

without material change.]

§ 42. Removal of sick or injured prisoners.-If the physician or acting physician of a jail and the keeper thereof certify in writing that a prisoner confined therein is sick or injured, and that treatment or a surgical operation is required which can not be furnished or performed within the jail, the county judge, or in the city of New York, one of the justices of the supreme court, may, upon application by any person, order the removal of such prisoner to a proper hospital designated by such judge or justice, nearest to such jail. If such prisoner is confined in such jail awaiting trial or the action of a grand jury, notice of the time and place of making such application shall be given to the district attorney of the county wherein such prisoner is to be tried.

The chief officer of the hospital to which such prisoner is removed shall have the custody of and detain such prisoner until he is sufficiently recovered to be returned to the jail. Upon notice of such recovery, the keeper of the jail shall resume the custody of his prisoner.

[New as to all provisions except civil prisoners.

Code Civ. Pro., § 127.]

§ 43. Designation of another place as county jail.-Whenever: 1. There is no jail in the county; or

2. The jail becomes unfit or unsafe for the confinement of some or all of the prisoners; or

3. The jail is destroyed by fire or otherwise; or

4. A pestilential disease breaks out in the jail or in its vicinity, and the jail physician certifies that it is likely to endanger the health of any or all of the prisoners therein;

The county judge or, in the county of New York, the presiding justice of the appellate division of the supreme court of the first department, shall designate, by an instrument in writing filed with the county clerk, a suitable place within the county or the county jail of a contiguous county for the confinement of some or all of the prisoners. The place so designated thereupon becomes, except as otherwise prescribed by law, the jail of the county for which it was designated. Such designation may be modified by the judge or justice making the same, by a like instrument filed with the county clerk.

[Code Civ. Pro., §§ 135, 136,
without change in substance.]

§ 44. Copy of designation to be served on the sheriff of contiguous county.-The county clerk must serve a copy of the designation, duly certified by him under his official seal, on the sheriff and keeper of the jail of a contiguous county so designated. The sheriff of that county must receive into his jail and there safely keep all persons who may be lawfully confined therein and who are delivered to him by the sheriff of the county for which the designation is made. He is responsible for their safekeeping, as if he was the sheriff of the county for which the designation is made.

[Code Civ. Pro., § 137,

without material change.]

§ 45. When and how designation to be revoked.-When the reason for the designation of another jail or place has ceased to

exist, the designation must be revoked by the same authority and in the same manner as it was made, and the revocation shall be filed in the office of the clerk of the county for which such designation was made.

The county clerk must immediately serve a copy of the revocation, duly certified by him under his official seal, upon the sheriff of the same county; who must remove the prisoners belonging to his custody, and confined without his county or in any other place, to the proper jail of such county.

[Code Civ. Pro., §§ 141, 142 (in part)

without material change.]

§ 46. Houses of detention for witnesses.-The board of supervisors of any county or other proper authorities may erect, lease or purchase a suitable building or place separate and distinct from the jail of the county, for the safekeeping and care of all persons detained as witnesses, or confined under civil process or committed for a contempt, to be termed a house of detention. When such a building or place is provided, the sheriff of the county shall confine therein all such persons. The sheriff shall have the same charge and control of such house and shall be entitled to the same compensation for the care and keeping of prisoners therein, as in the county jail. Upon the application of the district attorney of such county, the county judge may crder the removal of any person so confined to the county jail. [County Law, § 101.]

§ 47. Jail prisoners and papers to be delivered to new sheriff. After the term of office of a new sheriff begins and within ten days after he has filed his oath of office and undertaking as required by law, and served the county clerk's certificate to that

effect upon the former sheriff, or other officer or person lawfully executing the office of sheriff, such former sheriff or other officer or person shall deliver to the new sheriff:

1. The jails of the county, all the property of the county pertaining thereto, and all the prisoners confined therein.

2. All process, orders, commitments and other papers and documents authorizing or relating to the confinement or custody of a prisoner, or, if such a process, order or commitment has been returned, a statement, in writing, of the contents thereof and when and where it was returned.

[Code Civ. Pro., § 184, subs. 1, 2, 3.

By making this section applicable to any officer or person executing the office of sheriff, we have re-enacted the provisions of section 189 of the Code.]

§ 48. Statement of delivery.—At the time of such delivery the former sheriff, or other officer or person executing the office of sheriff, shall make a written statement in duplicate, specifying: 1. The property, documents and prisoners delivered.

2. The process or other authority by which each prisoner was committed and is detained, and whether the same has been returned or is delivered to the new sheriff.

Both statements shall be delivered to the new sheriff, one of which shall be filed in his office and the other returned to the former sheriff, or other officer or person making such delivery, with an acknowledgment indorsed thereon of the receipt of the property, documents and prisoners specified therein.

[Code Civ. Pro., § 185.]

§ 49. Orders of arrest to be delivered to and returned by new sheriff. Where a person, arrested by virtue of an order of ar

rest, is confined, either in jail or within the liberties thereof, at the time of assigning and delivering the jail to the new sheriff, the order, if it is not then returnable, must be delivered to the new sheriff and be returned by him at the return day thereof, with the proceedings of the former sheriff and of the new sheriff thereon.

[Code Civ. Pro., § 187.]

1

§ 50. Delivery, how enforced.-If the former sheriff, or other officer or person executing the office of sheriff, neglects or refuses to deliver to the new sheriff, the jail or any of the property, documents or prisoners in his charge, such new sheriff shall, notwithstanding, take possession of the jail, and of the property of the county therein, and the custody of the prisoners therein confined, and proceed as prescribed by law to compel the delivery of the documents withheld.

[Code Civ. Pro., § 188.]

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ARTICLE III.

CONFINEMENT OF CIVIL PRISONERS; JAIL LIBERTIES.

Section 60. Definition of civil prisoner.

61. Confinement and support of civil prisoners.

62. Board and supplies furnished to civil prisoners confined outside of a jail.

63. Term of imprisonment of civil prisoners.

64. Confinement of civil prisoners in New York city.

65. Prisoners under United States process.

66. Indictment of civil prisoners.

67. Existing jail liberties.

68. Alteration and establishment of jail liberties.

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