CHAPTER CLXXIII. AND THE CON GENERAL PROVISIONS RELATING TO JAILS, to take and keep (5575.) SECTION 1. It shall be the duty of the Sheriffs of Duty of Sheriffs the several counties of this State to receive into their prisoners, etc. respective jails and keep all prisoners who shall be committed to the same, by virtue of any civil process issued by any Court of Record instituted under the authority of the United States, until they shall be discharged by the due course of the laws of the United States, in the same manner as if such prisoner had been committed by virtue of process in civil actions issued under the authority of this State; and every such Sheriff may receive to his own use such sums of money as shall be payable by the United States for the use of the said jails: Provided, That nothing in this or the next succeeding Not to receive section contained shall be construed to authorize or require as Fugitive Slave. any Sheriff or other officer to receive into or detain, or permit any person to receive into or detain in any of said jails or other public buildings, any person claimed as a fugitive slave : person claimed receiving Fugi Prohibited from And, provided further, That every Sheriff or other officer or tive Slave. keeper of a prison is hereby peremptorily prohibited from receiving or detaining or permitting to be received or detained in any such jails or other public buildings any such fugitive slave as aforesaid; every Sheriff or other officer or Penalty for dis keeper of a prison who shall offend against the last preceding provision of this section shall be liable to an indictment for a misdemeanor, and upon conviction thereof shall pay a fine of one thousand dollars, and be imprisoned in the county jail one year. (a) obedience. Liability of Sher iffs for safe keep (5576.) SEc. 2. Every Sheriff or keeper of a prison, to ing of prisoners. whose jail any prisoner shall be committed, by any marshal or other officer of the United States, as provided in the preceding section, shall be answerable for the safe keeping of such prisoner, in the Courts of the United States, according to the laws thereof. prisoners on civil process. Confinement of (5577.) SEC. 3. Prisoners arrested on civil process, shall be kept in rooms separate and distinct from those in which prisoners detained on a criminal charge or conviction shall be confined; and on no pretence whatever, shall prisoners on civil and criminal process, be put or kept in the same room. Male and female prisoners. Liability of Sherff. Jails in the sev eral Counties. nate jail in certain cases. (5578.) SEC. 4. Male and female prisoners, unless they be husband and wife, shall not be put, kept or confined in the same room in any prison. (5579.) SEC. 5. Every Sheriff or other officer, who shall offend against the provisions of either of the two last preceding sections, shall be liable to the party injured in three times the damages found by the jury; and shall be liable to an indictment for a misdemeanor, and upon conviction thereof, in addition to any other punishment, shall forfeit his office. (5580.) SEC. 6. The buildings now used as jails and prisons in the respective counties of this State, shall be and continue the jails of the said counties respectively, until other designated or erected for that purpose, buildings shall be Judge may desig- (5581.) SEC. 7. If in any county there shall not be a jail, or the jail erected shall become unfit or unsafe for the confinement of prisoners, or shall be destroyed by fire or otherwise, (a) As amended by "An Act to prohibit the use of the Common Jails and other public buildings in the several Counties for the detention of persons claimed as Fugitive Slaves." Approved February 13, 1855. Laws of 1855, p. 415. For further provisions on the same subject, see Chapter 177, and the second Section of Chapter 201. the Circuit Judge of the Circuit Court, or any Circuit Court Commissioner for such County, and in the Upper Peninsula, the District Judge of the District Court for such County, shall by an instrument in writing, to be filed with the Clerk of the County, designate the jail of some other county for the confinement of the prisoners of such county; which shall thereupon, to all intents and purposes, except as herein otherwise provided, become the jail of the county for which it shall have been so designated. (b) tion to be served Keeper. (5582.) SEC. 8. A copy of such instrument of designation, Copy of designsduly certified by the Clerk of the County with whom it is on Sheriff or filed, under the seal of the Circuit or District Court thereof, shall be served on the Sheriff and keeper of the jail so designated, whose duty it shall be from thenceforth to receive Duty of Sheriff, into such jail, and there safely keep, all persons who may be lawfully confined therein, pursuant to the foregoing provisions. (c) etc. Sheriff. (5583.) SEC. 9. Such Sheriff shall be responsible for the Responsibility of safe keeping of the persons so committed to such jail, in the same manner and to the same extent, as if he were Sheriff of the county for whose use such jail shall have been designated, and with respect to the persons so committed, shall be deemed the Sheriff of such County. its to remain, (5584.) SEC. 10. If any prisoner confined on civil process, Prisoners on limshall have been admitted to the liberties of the jail of the etc. county for which such designation shall have been made, previous to such designation, they shall, notwithstanding, be entitled to remain within such liberties, but may be removed to the jail so designated, and confined therein, by the Sheriff of the County in which they were admitted to the liberties of the jail, in the same cases, and in the same manner as such Sheriff might by law confine them in the jail of his own county. ed after designa. (5585.) SEC. 11. If any persons shall be in the custody of Prisoners arrestthe Sheriff of the County for which such designation shall tion made. have been made, subsequent to such designation, and shall be entitled, according to law, to the liberties of the jail thereof, they shall be admitted to the liberties of such jail, in the same manner, and in the same case, as if no such designation had (b) (c) As Amended by "An Act to Amend Sections Seven, Fight, and Thirteen, of Chapter One Hundred and Forty-Eight of the Revised Statutes, relative to Jails." Approved February 7, 1855. Laws of 1855, p. 33. Prisoners removed. When designation to be revoked. Proceedings on revocation. Removal of pris oners in case of fire. Selling and using liquor in Jails. been made, but may be removed by such Sheriff to the jail so designated, and confined therein, in the same cases and in the same manner, as such Sheriff might by law confine them in the jail of his own county. (5586.) SEC. 12. If any person confined in the jail so desig nated on civil process, or removed there, as hereinbefore provided, shall by law be entitled to the liberties of the jail, the Sheriff of the County in which the jail so designated shall be, shall admit them to the liberties of such jail, in the same manner and in the same cases, as if they had been originally arrested by such Sheriff, on process directed to him. (5587.) SEC. 13. Whenever a jail shall be erected for the county for whose use such designation shall have been made, or its jail shall have been rendered fit and safe for the confinement of prisoners, the Circuit Judge of the Circuit Court for such County, or in the Upper Peninsula, the District Judge of the District Court for such County, shall, by an instrument in writing, to be filed with the Clerk of the County, declare that the necessity for such designation has ceased, and the same is hereby revoked and annulled. (d) (5588.) SEC. 14. The Clerk of the County shall immediately serve a copy of such revocation upon the Sheriff thereof, whose duty it shall be to remove the prisoners belonging to his custody, and so confined without his county, to his proper jail, and if any prisoners shall have been admitted to the liberties of the jail, in such other county, they shall also be removed, and shall be entitled to the liberties of the jail of the county to which they shall be removed, in the same manner as if they had been originally arrested in such county. (5589.) SEC. 15. Whenever by reason of any jail being on fire, or any building contiguous, or near to a jail, being on fire, there shall be reason to apprehend that the prisoners confined in such jail may be injured or endangered by such fire, the Sheriff or keeper of such jail may, at his discretion, remove such prisoners to some safe and convenient place, and there confine them, so long as may be necessary to avoid such danger; and such removal and confinement shall not be deemed an escape of such prisoners. (5590.) SEC. 16. No spirituous liquor shall, on any pretence whatever, be sold within any building used and established as (d) As Amended. See Note to Sec. 5581. a jail; nor shall any spirituous liquor be brought into any jail for the use of any person confined therein, or be furnished to any such prisoner, unless the same shall be certified to be absolutely necessary for the health of such prisoner, by some reputable physician, who shall specify the quantity and quality of the liquor that may be furnished to any prisoner, the name of the prisoner for whom, and the time when the same may be furnished. ors and others. (5591.) SEC. 17. Every person who shall sell, or bring into Penalty on Jailany jail, any spirituous liquor, contrary to the provisions of the last preceding section, and every Sheriff, keeper of a jail, assistant to such keeper, or other officer employed in or about the jail, who shall knowingly suffer any spirituous liquor to be sold or used in a jail, contrary to the foregoing provisions, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be subject to imprisonment not exceeding one year, or a fine not exceeding two hundred and fifty dollars, or both, in the discretion of the Court, and every Sheriff or other officer so convicted shall forfeit his office. to be delivered (5592.) SEC. 18. Every Sheriff or jailor, upon whom a decla- Declaration, etc., ration, notice, or any other proceeding directed to any prisoner to prisoner. in his custody, shall be served, shall, within five days thereafter, deliver the same to such prisoner, with a note thereon. of the time of the service thereof, upon such Sheriff or jailor; and for every neglect or violation of this section, the Sheriff or jailor guilty thereof, shall be liable to such prisoner for all damages occasioned thereby. through other (5593.) SEC. 19. Any Sheriff or other officer, who shall have Sheriffs may pass arrested any prisoner, may pass over, across and through such Counties. parts of any other county or counties as shall be in the ordinary route of travel from the place where such prisoner shall have been arrested, to the place where he is to be conveyed and delivered, according to the command of the process by which such arrest shall have been made. an escape, etc. (5594.) SEC. 20. Such conveyance shall not be deemed an Not to be deemed escape; nor shall the prisoner so conveyed, or the officers having them in their custody, be liable to arrest on any civil process, while passing through such other county or counties. |