Section 69. Resolution establishing or altering jail liberties to be filed and posted. 70. Effect of designation of another place or jail upon jail liberties. 71. Who entitled to jail liberties; undertaking. 72. Justification of sureties. 73. Civil prisoner to be committed when surety is in sufficient. 74. Surrender of civil prisoner by his sureties. 75. What constitutes an escape. 76. Liability for escape. 77. Action against either the sheriff or the sureties for an escape. 78. Effect of judgment in an action against the sheriff. 81. Judgment against sheriff is evidence of damages. 83. Confinement of sheriff by coroner; jail liberties. 84. Duties of coroner when sheriff is plaintiff. 85. Civil prisoner in custody of coroner entitled to jail liberties, etc.; escape. [General note. The sections of the code of civil procedure, (SS 110-119, §§ 145-189) relating to the confinement, treatment and maintenance of civil prisoners in jails; the establishment of jail liberties and the right thereto of such prisoners, and the liability for the escape of a civil prisoner are included in this article, without material change. An attempt has been made to harmonize and simplify the present law. Many superfluous and useless provisions have been omitted. The object and result of the present law are retained.] § 60. Definition of civil prisoner.-The term "civil prisoner," as used in this article, includes a person arrested and confined by virtue of an execution issued upon a judgment rendered in a civil court, or of an order of arrest in an action or special proceeding in such court, or surrendered in exoneration of his bail in such an action or proceeding. [We have defined the term "civil prisoner" for convenience of use in this article. Section 110 of the code of civil procedure prescribes the persons who shall be confined by virtue of a civil mandate. By the proposed section the term "civil prisoner" is made to include all of these.] § 61. Confinement and support of civil prisoners.-A civil prisoner shall be safely kept in custody in the manner herein prescribed, until he satisfies the judgment rendered against him or is discharged according to law. He shall be supported at his own expense, unless he makes oath before the sheriff that he is unable to support himself during his imprisonment, in which case he shall be supported in the jail at the expense of the county. [Code Civ. Pro., § 112, and part of § 110 re-written, without change in substance.] § 62. Board and supplies furnished to civil prisoner confined outside of a jail.-The officer arresting or having the custody oʻ a civil prisoner and keeping him at a place other than the county jail shall not demand or receive a greater sum for lodging, drink, food or any other thing, than the rate prescribed by the county court, or, if no rate has been prescribed, than the sum allowed by a justice of the peace of the town or city where the prisoner is kept, upon proof that such lodging, drink, food or other thing was actually furnished to the prisoner at his request. Such person or officer shall not demand or receive any compensation for strong, spirituous or fermented liquor or wine sold or deliv ered to the prisoner. A civil prisoner may purchase or procure such food, drink, bedding, linen and other necessary things as he may desire, from whomsoever he pleases. Such person or officer shall not detain any part of such articles, or demand or receive any pay therefor. [Code Civ. Pro., §§ 115, 116, § 63. Term of imprisonment of civil prisoners. No person shall be imprisoned within the prison walls of a jail for a longer period than three months under an execution or any other mandate against the person to enforce the recovery of a sum of money less than five hundred dollars in amount, or under a commitment upon a fine for contempt of court in the non-payment of alimony or counsel fees in a divorce case where the amount so to be paid is less than the sum of five hundred dollars; and where the amount in either of said cases is five hundred dollars or over, such imprisonment shall not continue for a longer period than six months. All such prisoners in the custody of the sheriff shall be discharged at the expiration of such periods without formal application therefor. No person shall be imprisoned within the jail liberties of a jail for a longer period than six months upon any execution or other mandate against the person, and no action shall be commenced against the sheriff or upon a bond given for the jail liberties by such person to secure the benefit of such liberties, for an escape made after the expiration of such six months imprisonment. [Code Civ. Pro., § 111, in part without change.] § 64. Confinement of civil prisoners in New York city.-The places in the city of New York designated for the confinement of prisoners in civil causes, shall be the jail of the counties in which they are situated for the confinement of such prisoners. The sheriffs of the counties of New York, Kings and Richmond, shall have the custody of such jails situated in their respective counties, and of the prisoners therein. [Code Civ. Pro., § 120, without material change.] § 65. Prisoners under United States process.-A sheriff must receive and keep in the jails of his county, prisoners committed thereto by virtue of civil process issued by a court of record of the United States until they are discharged by the due course of the laws of the United States, in the same manner as if they were committed by virtue of mandates in civil actions issued from courts of this state. The sheriff may receive, to his own use, the money payable by the United States for such use of the jail. A sheriff or jailor, to whose jail civil prisoners are lawfully committed by the courts of the United States, is answerable for their safe keeping, in the courts of the United States, according to the laws thereof. [Code Civ. Pro., §§ 133, 134, without change in substance.] § 66. Indictment of civil prisoners.-Where a civil prisoner has been indicted for a criminal offense, the court in which the indictment is pending may make an order, requiring the sheriff in whose custody he is, to bring him before the court; whereupon 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 charge on the county wherein the court is sitting. [Code Civ. Pro., § 156, § 67. Existing jail liberties.-The liberties of the jail for each of the following counties shall be: 1 For the county of New York, the whole of that county. 2. For the county of Onondaga, the whole of the city of Syra cuse. 3. For the county of Monroe, the whole of the city of Rochester. 4. For the county of Erie, the whole of the city of Buffalo. 5. For the county of Dutchess, the whole of the city of Poughkeepsie. 6. For the county of Kings, the whole of that county. 7. For the county of Richmond, the whole of that county. 8. For the county of Albany, the whole of the city of Albany. 9. For the county of Jefferson, the whole of the city of Watertown. 10. For the county of Herkimer, the whole of the village of Herkimer. 11. For the county of Rensselaer, the whole of the city of Troy. 12. For the county of Niagara, the whole of the city of Lockport. The liberties of the jail in each of the other counties of the state, as they now exist, shall continue to be the liberties thereof, until they are altered, or new liberties are established. [Code Civ. Pro., §§ 145, 146, consolidated without change of substance. |