TITLE 2. Penalty for connivance at escape. iff, etc 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. [Amended by adding the words in italics, L. 1886, ch. 648.] [Id., § 62 and 63.] $ 159. A sheriff or other officer, who demands or receives a reby asher ward, 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 forever thereafter from holding the same. [Id., §§ 65 and 66, consolidated.] ARTICLE FIFTH. Defence in action taking ACTION UPON AN UNDERTAKING FOR JAIL LIBERTIES. SEC. 160. Defence in action on undertaking. 161. Judgment against sheriff to be evidence against sureties, etc 162. Summary judgment for sheriff. 163. Requisites of application therefor. 164. Such judgment when stayed. Id.: when vacated. 165. Judgment against sheriff is evidence of damages. 166. Action on undertaking. 167. Action on undertaking; damages recoverable 168. Such action bars action against sheriff 169. Defence in action. 170. Stay of proceedings where action is brought against sheriff. § 160. In an action brought [ Jon an undertaking for the jail lib on under erties, it is a defence, that the prisoner voluntarily returned to the liberties of the jail from which he escaped, or was recaptured by, or surrendered to the sheriff, from whose custody he escaped, before the commencement of the action. The defendants may make that or any other defence to the action, which might be made by the sheriff, to an action against him for the escape. [Amended, as shown by the italics, L. 1886, ch. 648.] [2 R. S.. 435, Part 3, ch. 7, tit. 6, § 48 (3 R. S., 5th ed., 734; 1 Edm., 453). See Wemple v. Glavin, 5 Abb. N. C., 360.] ART. Judgment against sheriff to be evi against § 161. But if judgment has been rendered against the sheriff, in an action brought for the escape, and due notice of the pendency of the action was given to the prisoner and his sureties, to enable them dence to defend the same, the judgment against the sheriff is conclusive sureties, evidence of his right to recover against the prisoner and his sureties, to whom the notice was given, as to any matter which was or might have been controverted, in the action against the sheriff. [Id., § 49.] etc. judgment § 162. In an action brought by a sheriff on an undertaking for Summary the jail liberties, if it appears to the court, upon a motion made in for sheruf. behalf of the sheriff, that judgment has been rendered against him, for the escape of the prisoner, and that due notice of the pendency of the action against him, was given to the prisoner and his sureties, to enable them to defend the same, the court must order a summary judgment for the plaintiff; and judgment must be entered accordingly, with costs. [Amended, as shown by the italics, L. 1886, ch. 648.] [Id., § 50.] of applica § 163. But to entitle a sheriff to move for such a judgment, he Requisites must have served a copy of his complaint, and given twenty days' tion notice of the motion. [TA., § 51.] therefor. judgment stayed. Id.; when § 164. If it appears, on the hearing of the motion, that the defend- such ants have a meritorious defence, which was not controverted in the when action against the sheriff, and which by law could not have been so vacated. controverted, the court may stay proceedings on the judgment, with such limitations and upon such terms, as it deems just, until a trial in the action; but the judgment must stand as a security for the sheriff. If the defence is established, the court must vacate the judgment, and render judgment for the defendant. [Id., §§ 52 and 53, consolidated, and amended by substituting, at the end, the words, "for the defendant", in place of "as in other cases ".] against § 165. In an action brought by a sheriff on an undertaking for Judgment the jail liberties, a judgment against him for the escape of the pris- sheriff is evidence TITLE 2. of dam ages. Action on. undertaking. Action on undertak oner, is evidence of the damages sustained by him, as if it had been collected; and he may recover his reasonable attorney's and counsel fees, and other expenses in defending the action against him, as part of his damages. [Thus amended, L. 1886, ch. 648.] [Id., § 54.] § 166. If an undertaking for the jail liberties is forfeited before the same is duly allowed, the party at whose instance the prisoner was confined, or, in case of his death, his executor or administrator, may elect to bring an action on the undertaking. [Thus amended by L. 1886, ch. 648.] (a) [Id., § 55.] § 167. The person so electing may maintain an action on the ing dam- undertaking, where an action might be maintained by the sheriff; ages recoverable. Such action bars action against sheriff. action. and he may recover the same damages for the breach of the condition, which he might have recovered in an action against the sheriff, for the escape. [Thus amended by L. 1886, ch. 648.] (^) [Id., § 56, greatly condensed, by a reference to the provisions of § 158, ante.] § 168. The commencement of such an action shall be deemed an election and is a bar to an action, by or on behalf of such person, against the sheriff or other officer accepting such an undertaking, for an escape by the prisoner executing the undertaking, amounting to a breach of the conditions thereof, unless the escape was with the assent of the sheriff or other officer. [Thus amended by L. 1886, ch. 648.] () [Id., § 57, amended by adding the final clause, in conformity to § 170, post.] Defence in § 169. In an action brought as provided for in the last three sections, the defendant may make any defence which he might make, if the action was brought by the sheriff. [Thus amended by L. 1886, ch. 648.] (a) Stay of proceedings where action is brought against sheriff. [Id., § 58.] § 170. If the person so entitled to bring an action on the undertaking for the jail liberties, in lieu of making such election, brings an action against the sheriff for the escape, the court may, except where the (a) The italics indicate the amendments of 1886. escape was made with the sheriff's assent, stay proceedings upon a judgment recovered against the sheriff, with such limitations, and upon such terms as it deems just, until he has had a reasonable time to prosecute the undertaking, and collect a judgment recovered thereon. [Thus amended by L. 1886, ch. 648.] (^) [Id., §§ 59 and 60, consolidated.] TITLE 3. of sheriff for escape § 171. In an action against a sheriff or other officer, for the escape Defence of a prisoner, it is a defence, that the escape was without the assent in action of the defendant, and that at the commencement of the action, he had the prisoner within the liberties, either by his voluntary return, or by recapture. [Id., § 64, greatly condensed.] TITLE III. Application of the foregoing provisions to the proceedings of a coroner. SEC. 172. Duties of coroner when sheriff is a party. 173. Any one of the coroners may act. 174. Arrest of sheriff by coroner. 175. Sheriff; how confined. 176. Place of confinement to be deemed a jail. 177. Sheriff to be admitted to jail liberties; liability of coroner for sherifa escape. 178. Coroner may prosecute, etc., undertaking for liberties. 179. Duties of coroner where sheriff is plaintiff. 180. Such prisoner entitled to jail liberties, etc. 181. Escape of such prisoner. Coroner § 172. In an action or special proceeding, to which the sheriff of Duties of a county is a party, a coroner of the same county has all the power, wheriff is a and is subject to all the duties of a sheriff, in a cause to which the party Sheriff is not a party; except as otherwise specially prescribed by law. [2 R. S., 441, Part 3, ch. 7, tit. 6, part of § 84 (3 R. S., 5th ed., 741; 2 Edm., 460).] (a) The amendments of 1886 are shown by the italics. TITLE 3. Any one of the Coroners may act. Arrest of sheriff by Coroner. Sheriff; how con § 173. A mandate in a civil action or special proceeding which must or may be executed by the coroners, or by a coroner of a county, must be directed either to a particular coroner, or generally to the coroners of that county. Where such a mandate is directed generally to the coroners of a county, or requires them to do any act, it may be executed, and a return thereto may be made and signed, by one of them; but such an act or return does not affect the others. [Id., remainder of the same section, and § 85.] § 174. Where a mandate, requiring the arrest of the sheriff of the county, is directed to a coroner, he must execute the same in the manner prescribed by law, with respect to the execution of a similar mandate by a sheriff; and he is authorized to take an undertaking on the arrest, or an undertaking for the jail liberties, to himself, in his name of office, in a like case, and in like manner, and with like effect, as where such [ ] an undertaking may be taken by a sheriff. [Amended as shown by the italics, L. 1886, ch. 648.] § 175. Where the actual confinement of a sheriff by a coroner, ined. on a mandate, is required or authorized by law, he must be confined by the coroner, in a house situated within the liberties of the jail of the county, other than the sheriff's house, or the jail, in the same manner as a sheriff is required by law to confine a prisoner in the jail. Place of confinement to be deemed a jail. Sheriff to be admit Ilberties: [Id., § 87.] § 176. That house thereupon becomes the jail of the county, for the use of the coroner; and each provision of law relating to the jail, or to an escape from the jail, applies thereto, while the sheriff is confined therein. [Id., §§ 88 and 89, consolidated.] § 177. A sheriff so arrested must be admitted to the liberties of ted to jail the jail of the county, in a like case, and upon executing a like undercoroner for taking to the coroner, as prescribed by law for a prisoner in the sheriff's custody. For an escape of the sheriff from the liberties, the coro liability of sheriff's escape. |