guilty of a misdemeanor, and shall be punished accordingly. A conviction also operates as a forfeiture of his office. § 131. 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 cus tody, 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. § 132. Sheriff to permit access for that purpose. Subject to reason able regulations, which the sheriff may establish for that purpose, a sheriff, jailor, or other officer, who has the custody of a prisoner, must permit such access to him as is necessary, for the personal service of a paper in an action or special proceeding, to which the prisoner is a party, and which must be personally served. § 133. Prisoners under United States process. A sheriff must receive into his jail and keep a prisoner, committed to the same, by virtue of civil process issued by a court of record, instituted under the authority of the United States, until he is discharged by the due course of the laws of the United States, in the same manner as if he was committed by virtue of a mandate in a civil action, issued from a court of the State. The sheriff may receive, to his own use, the money payable by the United States for the use of the jail. § 134. Sheriff answerable for their custody. A sheriff or jailor, to whose jail a prisoner is committed, as prescribed in the last section, is answerable for his safe keeping, in the courts of the United States, according to the laws thereof. ARTICLE THIRD. TEMPORARY JAILS, AND TEMPORARY REMOVAL OF PRISONERS FROM JAIL. SECTION 135. When jail becomes unfit, etc., another to be designated. 136. Designation, how annulled. 137. Copy of designation to be served on the sheriff, etc. 138. Prisoners already upon jail liberties. 139. Jail liberties to prisoner, who becomes entitled thereto, before removal. 140. Id.; to prisoners removed. 141. When designation to be revoked, etc. 142. Copy of revocation to be served on sheriff; sheriff's duty thereon. 144. What officer to act in case of absence, etc. § 135. When jail becomes unfit, etc., another to be designated. If there is no jail in a county; or the jail becomes unfit or unsafe for the confinement of some or all of the prisoners, or is destroyed by fire or otherwise; or if a pestilential disease breaks out in the jail, or in the vicinity of the jail, and the physician to the jail certifies that it is likely to endanger the health of any or all of the prisoners in the jail; the county judge, or, in the city and county of New York, the presiding justice of the appellate division of the supreme court of the first department, must, by an instrument in writing, filed with the clerk of the county, designate another suitable place within the county, or the jail of a contiguous county, for the confinement of some or all of the prisoners, as the case requires The place so designated thereupon becomes. to all intents and purposes, except as otherwise prescribed in this article, the jail of the county for which it has been so designated, and the purposes expressed in the instrument designating the same. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.] $136. Designation, how annulled. The designation may be modified or revoked, by the judge making the same, by a like instrument in writing, filed with the clerk of the county. § 137. Copy of designation to be served on the sheriff, etc. 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, upon the delivery of the sheriff of the county for which the designation is made, receive into his jail, and there safely keep, all persons who may be lawfully confined therein, pursuant to this article; and he is responsible for their safe keeping, as if he was the sheriff of the county for which the designation is made. $138. Prisoners already upon jail liberties. If a prisoner has been admitted to the liberties of the jail of the county, for which the designation is made, he must, notwithstanding, remain within those liberties; but he may be removed by the sheriff, to whom he has given bond for the liberties, to the jail or other place so designated, and confined therein, in a casc, where the sheriff might confine him in the jail of his own county. § 139. Jail liberties to prisoner, who becomes entitled thereto, before removal. If a person, who is arrested, before or after the designation, by the sheriff of the county for which the designation is made, becomes entitled, after the designation, and before his removal, to the liberties of the jail, he must be admitted to the liberties of the jail of that county, as if the designation had not been made; but he may be removed by the sheriff to the jail, or other place, so designated, and confined therein, in a case, where the eheriff might confine him in the jail of his own county. § 140. Id.; to prisoners removed. If a person confined in or removed to the jail of a contiguous county, designated as prescribed in this article, becomes entitled to the liberties of the jail, the sheriff of that county must admit him to the jail liberties, as if he had been originally arrested by that sheriff, on a mandate directed to him. $141. When designation to be revoked, etc. When a jail is erected for the county, for whose use the designation was made, or its jail is rendered fit and safe for the confinement of prisoners, or the reason for the designation of another jail or place has otherwise ceased to be operative, the designation must be revoked, as prescribed in this article. § 142. Copy of revocation to be served on sheriff; sheriff's duty thereon. 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 contined without his county, to his proper jail. If a prisoner has been admitted to the jail liberties in the other county, he must also be removed; and he is entitled to the liberties of the jail of the county, to which he is removed, without a new bond, as if he had been originally admitted to the jail liberties in that county; and the bond given by him applies accordingly to those liberties. $143. Removal of prisoners in case of fire. If, by reason of a jail, cr a building near a jail, being on fire, there is reason to apprehend that some or all of the prisoners confined in the jail, may be injured, or may escape, the sheriff or keeper of the jail may, in his discretion, remove them to so:::9 safe and convenient place, and there confine them, until they can be safely returned to the jail; or, if the jail is destroyed, or so injured, that it is unfit or unsafe for the confinement of the prisoners, until a designation is made, as prescribed in section one hundred and thirty-five of this act. § 144. What officer to act in case of absence, et cetera. If the county judge, or the presiding justice of the appellate division of the supreme court of the first department, is absent or unable to act, or if his office is vacant, a designation, or the revocation or modification thereof, as prescribed in this article, may be made, in any county, except New York, by the special county judge or the district attorney, or in the city and county of New York, by any justice of the appellate division. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.] ARTICLE FOURTH. JAIL LIBERTIES; ESCAPES. SECTION 145. Jail liberties in certain counties. 146. Id.; in other counties. 147. Id.; how laid out. 148. Copy to be kept posted in jail. 149. Who admitted to liberties. 150. Bond to be executed by prisoner; its contents. 151. For whom bond to be held. 152. Prisoner to be committed when surety is insufficient. 153. Surrender of prisoner by his sureties. 154. How surrender made. 155. What deemed and what not deemed an escape. 156. When court may order indicted prisoner to be produced. 157. Prisoners committed for contempt. 158. Sheriff's liability for escape. 159. Penalty for connivance at escape by a sheriff, etc. § 145. Jail liberties in certain counties. The following are the liberties of the jail for each of the counties specified, to wit: For the city and county of New York, the whole of that city and county For the county of Onondaga, the whole of the city of Syracuse. For the county of Monroe, the whole of the city of Rochester. For the county of Erie, the whole of the city of Buffalo. For the county of Dutchess, the whole of the city of Poughkeepsie. For the county of Kings, the whole of that county. For the county of Albany, the whole of the city of Albany. For the county of Jefferson, the whole of the city of Watertown. For the county of Herkimer, the whole of the village of Herkimer. For the county of Rensselaer, the whole of the city of Troy. For the county of Steuben, the whole of the village of Bath. [ADDED BY CH. 113, L. 1900. In effect March 12, 1900.] § 146. Id.; in other counties. The liberties of the jail in each of the other counties of the State, as heretofore established, shall continue to be the liberties thereof, until they are altered, or new liberties are established, as prescribed by law. § 147. Id.; how laid out. Where the liberties of a jail are altered o established, by resolution of the board of supervisors, as prescribed by law a space of ground, adjacent to the jail, and not exceeding five hundred acre: in quantity, must be laid out as the jail liberties, in a square or rectangle as nearly as may be; but a stream of water, canal, street, or highway, may be adopted as an exterior line, notwithstanding it is not in a straight line, or is not at right angles with the other exterior line of the liberties. A reso lution establishing or altering jail liberties, must contain a particular description of their boundaries; and as soon as may be after its adoption, the boundaries must be designated by monuments, inclosures, posts, or other visible and permanent marks, at the expense of the county. $148. Copy to be kept posted in jail. The county clerk must, within ne week after a resolution of a board of supervisors, establishing or altering jail liberties, has been filed in his office, deliver an exemplified copy thereof to the keeper of the jail, who must keep the same exposed to public view, in an open and public part of the jail, and exhibit it to each person admitted to the liberties of the jail, at the time of his executing a bond for that purpose. $149. Who admitted to liberties. A person in the custody of a sheriff, by virtue of an order of arrest; or of an execution in a civil action; or in consequence of a surrender in exoneration of his bail; is entitled to be admitted to the liberties of the jail upon delivering to the sheriff an undertaking as prescribed in the next section. [AM'D CH. 648 OF 1886.] § 150. Undertaking to be executed by prisoner; its contents. The undertaking must be executed by the prisoner and one or more sufficient sureties, residents and householders or freeholders of the county, in a penalty at least twice the sum in which the sheriff was required to hold the defendant to bail, if he is in custody under an order of arrest, or has been surrendered in exoneration of his bail, before judgment; or directed to be collected by the execution, if he is in custody under an execution; or remaining uncollected upon a judgment against him, if he has been surrendered after judgment; conditioned that the person so in custody shall remain a prisoner, and shall not, at any time or in any manner, escape or go without the liberties of the jail until discharged by due course of law. The provisions regulating the justification of bail, contained in article third of title first of chapter seventh of this act, govern, except as otherwise expressly prescribed in this article with respect to the notice of justification of the sureties; the officers before whom they must justify; the substitution of new sureties or a new undertaking; the examination and qualifications of the new sureties and the allowance of the undertaking. But after the allowance the undertaking must be delivered to the party at whose instance the prisoner is in custody. [AM'D CH. 648 OF 1886.] $151. For whom undertaking to be held. An undertaking so taken is held for the indemnity of the sheriff taking it, and of the party at whose instance the prisoner executing it is confined. [AM'D CH. 648 of 1886.j § 152. Prisoner to be committed when surety is insufficient. If the party at whose instance the prisoner is in custody discovers that a surety therein is insufficient, he may, upon proof of the fact, by affidavit or otherwise, apply to the court or to a jury thereof, on whose process or mandate such prisoner is in custody, or to the county judge of the county where such prisoner is confined, and the court or a judge thereof or such county judge may make an order committing such prisoner to close confinement in the jail until another undertaking with good and sufficient sureties is offered. [AM'D CH. 648 OF 1886.] $153. Surrender of prisoner by his sureties. One or more of the sureties, in an undertaking given for the liberties of a jail, may surrender the principal, at any time before judgment is rendered against them in an action on the undertaking; but they are not exonerated thereby, from a liability incurred before making the surrender. [AM'D CH. 648 OF 1886.] $154. How surrender made. The surrender must be made as follows: The surety or sureties making it must take the principal to the keeper of the jail, who must, upon his or their written requisition to that effect, take the principal into his custody, and indorse upon the undertaking given for the lities, an acknowledgment of the surrender; and also, if required, give the surety or sureties a certificate, acknowledging the surrender. [Âм'D § 155. What deemed and what not deemed an escape. The going at large, within the liberties of the jail in which he is in custody, of a prisoner who has executed such an undertaking, or of a prisoner who would be entitled to the liberties upon executing such an undertaking, is not an escape. But the going at large, beyond the liberties, by a prisoner, without the assent of the party at whose instance he is in custody, is an escape; and the sheriff in whose custody he was, or his sureties has the same authority to pursue and retake him, as if he had escaped from the jail. Such an escape forfeits the undertaking for the liberties, if any; subject to the provisions of the next article of this title. [AM'D CH. 648 OF 1886.] § 156. When court may order indicted prisoner to be produced. [AMENDED BY CH. 416 OF 1877.] Where a person, who has been indicted for a criminal offence, is held by a sheriff, by virtue of a mandate in a civil action or special proceeding, the court, in which the indictment is pending, may make an order, requiring the sheriff 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 county charge of the county wherein the court is sitting. § 157. Prisoner committed for contempt. A prisoner, committed to jail upon process for contempt, or committed 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 vir tue 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 misde meanor. If the commitment was for the non-payment of a sum of money, the amount thereof, with interest, is the measure of damages. § 158. Sheriff's liability for escape. Where a prisoner, in a sheriff's custody, goes or is at large beyond the liberties of the jail, without the assent of the party at whose instance he is in custody, the sheriff is answerable therefor until an undertaking for the liberties of the jail is given and approved in an action against him as follows: 1. If the prisoner was in custody by virtue of an order of arrest, or in consequence of a surrender in exoneration of his bail, before judgment, the sheriff is answerable to the extent of the damages sustained by the plaintiff. 2. If the prisoner was in custody by virtue of any other mandate, or in consequence of a surrender, in exoneration of his bail, after judgment, the sheriff is answerable for the debt, damages, or sum of money, for which the prisoner was committed. [AM'D CH. 648 OF 1886.] § 159. Penalty for connivance at escape, by a sheriff, etc. A sheriff or other officer, who demands or receives a reward, gratuity, or other valuable thing, to procure, assist, connive at, or permit an escape of a prisoner, in his custody, is guilty of a misdemeanor, and shall be punished accordingly. A conviction also operates as a forfeiture of his office, and disqualifies him forover thereafter from holding the same. ARTICLE FIFTH. ACTION UPON AND ASSIGNMENT OF A BOND FOR JAIL LIBERTIES. SECTION 160. Defence in action by sheriff on bond. 161. Judgment against sheriff to be evidence against sureties, etc. 163. Requisites of application therefor. 164. Such judgment when stayed. Same; when vacated. |