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ART. 2.

Duty of sher

$ 16. A copy of such instrument of designation, duly certified by the clerk of the county, under his official seal, shall be served on the sheriff and keeper of the jail so designated; whose duty it shall be, iff, &c. from thenceforth, to receive into such jail, and there safely keep, all persons who may be lawfully confined therein, pursuant to the foregoing provisions.72

bility, &c.

$ 17. Such sheriff shall be responsible for the safe keeping of the His responsi 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.72

limits to re

S 18. If any prisoners confined on civil process, shall have been Prisoners on admitted to the liberties of the jail of the county for which such de- main, &c. signation 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 to whom they shall have given bonds for such liberties, 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 re

S19. If any persons shall be in the custody of the sheriff of the Those arrestcounty for which such designation shall have been made, subsequent moval of jail. to such designation, and shall be entitled according to law, to the liberties of the jail thereof, they shall be confined within the liberties of such jail, in the same manner, and in the same cases, as if no such designation had 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.

$20. If any persons confined in the jail so designated, on civil Prisoners reprocess, or removed there, as herein before provided, shall by law be moved. 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.

$21. Whenever a jail shall be erected for the county, for whose Revoking deuse such designation shall have been made, or its jail shall be render- another jail. ed fit and safe for the confinement of prisoners, the judges of the county courts of the county, or any three of them, 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 that the same is thereby revoked and annulled.73

$ 22. The clerk of the county shall immediately serve a copy of Proceedings such revocation upon the sheriff thereof, whose duty it shall be to re

(72) 1 R. L. p. 432, § 20. (73) lb. § 19.

thereon.

[PART III. TITLE 6. move 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.74

Special pro

viston respecting

$23. The sheriff of the county of Washington, whenever he shall think proper, may make use of one of the lower rooms in the northWashington east quarter of the court-house at Sandy-Hill, in the county of Washington, constructed for that purpose, for the confinement of persons on civil process, which shall be deemed a jail of that county, for that purpose only.75

Several jails

in same coun.

ty.

Removal in case of fire.

Removal in

S 24. The sheriffs of any of the counties of this state, in which there are or shall be established more than one jail, may confine their respective prisoners in either of such jails, and may remove them from one jail to another within the county, whenever such sheriff shall deem it necessary for their safe keeping, or whenever it shall be necessary for their appearance at any court.76

$25. 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, in 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.

$ 26. Whenever any pestilence or contagious disease shall break Glencoe out in any jail, or in the vicinity of any jail, and the physician to such jail shall certify that such pestilence or disease is likely to endanger the health of the prisoners confined in such jail, any two judges of the county courts of the county in which such jail is situated, or in the city and county of New-York, the mayor or recorder, and any alderman of that city, and in the city and county of Albany, the mayor or recorder, and any alderman of the city of Albany, shall, in writing, designate some safe and convenient place within such county, or the jail of some contiguous county, as a place of confinement for such prisoners; which designation shall be filed in the office of the clerk of the county; and shall authorise the sheriff to remove such prisoners to the place or jail so designated, and there confine them, until they can be safely returned to the jail from which they were taken.

To be deemed jails

$27. Any place to which the prisoners in any jail shall be removed, pursuant to the preceding provisions, shall, during the time of the confinement of such prisoners therein, be deemed the jail of the county.

(74) 1 R. L. p. 432, § 19. (75) Ib. p. 430, § 11. (76) Ib. § 27 & 28.

ART. 3.

$28. The boards of supervisors of the several counties of this state, shall, within one year after this Title takes effect as a law, ap- physicians to point some reputable physician duly authorised to practise physic, to jails. be physician to the jail of their respective counties; and in case there is more than one jail in any county, a physician to each jail; and the common council of the city of New-York, shall, within the same time, appoint a similar physician to the jail of the said city and county: such physicians shall hold their offices during the pleasure of the board appointing them.77

using liquor

$29. No spirituous liquor shall, on any pretence whatever, be Selling and sold within any building used and established as a jail; nor shall any in jails. kind of spirituous, fermented or other liquor, except cider and that quality of beer called table-beer, be brought into any jail for the use of any person confined therein, without a written permit by the physician to such jail, which shall be delivered to and kept by the keeper thereof, specifying the quantity and quality of the liquor which may be furnished to any prisoner, the name of the prisoner for whom, and the time when the same may be furnished.78

permitted.

$30. No such permit shall be granted, unless it shall satisfactorily when use appear to such physician, that the liquor allowed to be furnished, is absolutely necessary for the health of the prisoner for whose use it is permitted; which shall be specifically stated in such permit.

jailers and

$31. Every person who shall sell or bring into any jail, any spirit- Penalty ou uous, fermented or other liquor, contrary to the foregoing provisions, others. and every sheriff, keeper of a jail, assistant to such keeper, or other of ficer employed in or about any jail, who shall knowingly suffer any spirituous or other 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 to 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.79

&c. to be de

S32. Every sheriff or jailer upon whom a declaration, notice, or Declarations, any other proceeding directed to any prisoner in his custody, shall be livered to served, shall, within five days thereafter, deliver the same to such prisoners. prisoner, with a note thereon of the time of the service thereof upon such sheriff or jailer; and for every neglect or violation of this section, the sheriff or jailer guilty thereof, shall be liable to such prisoner for all damages occasioned thereby.80

ARTICLE THIRD.

Of the Liberties of Jails, and admitting Prisoners thereto.

SEC. 33. Existing liberties of jails, to remain.

34. How established in courties hereafter erected.

35. When and how altered by courts of common pleas.

36. Liberties how to be entered and designated.

(77) I R. L. p. 433, § 24. (78) Ib. § 23 & 24. (79) Ib. § 24 & 25. (80) Ib. p. 426, § 25.

TITLE 6.

Existing li

berties continued.

How estab lished here

SEC. 37. New liberties to be established in New-York.
38. Descriptions of liberties to be furnished jailers.

39. Jailers to exhibit such descriptions, &c.

40. Who entitled to liberties of jails.

41. Bond to be given, its penalty.

42. Condition of bond.

43. For whose indemnity bond to be held.

44. When person may be recommitted to prison.

45. Sureties in bond, may surrender their principal.

46. How such surrender to be made.

47. What to be escape of person giving bond; what not escape.
48. Defence to suit on bond by sheriff, for escape.

49. But concluded in certain case, by judgment against sheriff.

50. When judgment to be rendered summarily for sheriff.

51. Proceedings to entitle him to such judgment.

52. When proceedings thereon to be suspended.

53. When judgment to be vacated, &c.

54. Evidence of sheriff's damages: his costs and expenses.

55. Bond when to be assigned to plaintiff or his representatives.

56. Action thereon; damages to be recovered.

57. Acceptance of assignment, to bar action against sheriff.

58. Defence in action by assignee of bond.

59. Proceedings on judgment against sheriff, when stayed.

60. Not to extend to voluntary escapes.

$33. The liberties of the jails of the city and county of New-York, of the city and county of Albany, and of the several counties of this state, as the same have already been established according to law, by the courts of common pleas of the said counties, and of the said cities and counties respectively, or otherwise, shall be and remain the liberties thereof.81

$34. Wherever such liberties have not been established, and in after. counties hereafter erected, the court of common pleas of such county shall appoint and designate a reasonable space of ground adjacent to the jail or jails of such county, to be denominated the liberties thereof, as follows:

Alterations

1. Such liberties shall be laid out in a square or parallelogram, as near as may be ; but any stream of water, canal or highway, may be adopted as an exterior line, notwithstanding the same may not be in a straight line, or may not be at right angles with the other exterior lines of such liberties:

2. They shall not exceed five hundred acres in extent :

3. A minute description of the boundaries of such liberties and their extent, shall be entered on the minutes of the court:

4. The boundaries and limits of such liberties, shall be designated by monuments, or enclosures, or posts, or other visible and permanent marks, at the expense of the county.

$35. The liberties of the jails in any county of this state, may be of liberties. altered by the court of common pleas of such county, in their discretion, not oftener than once in three years, subject to the same restrictions as are prescribed in the last section, in respect to the form and extent of such limits. But in cases where the jail liberties in any county shall have been fixed by any statute of this state, no altera(81) 1 R. L. p. 428, § 4. (82) Ib. and Laws of 1822, p. 72.

ART. 3.

How entered

tion shall be made by which any part of the present jail liberties of
such county, shall not be included within the liberties as altered.83
S36. Such alterations shall be entered in the minutes of the court;
and the boundaries and limits of the liberties, as altered, shall be de- ed.
signated, under the order of the court, in the same manner as herein
before directed in respect to the original designation thereof.

and designat.

in New

S37. The liberties of the jail of the city and county of New-York, New libertica shall be established anew by the court of common pleas of said city York. and county, within three months after this Chapter shall take effect as a law. Such liberties shall not comprehend a larger space than one thousand acres, and in the designation thereof, the provisions of the thirty-fourth section of this Article shall be observed, except as to the extent of such limits.

of liberties to

jailers.

$38. A copy of the minutes of the court of common pleas, estab- Descriptions lishing the liberties of any jail, and of the minutes making subsequent be furnished alterations, shall be made and certified by the clerk of the county, and be by him delivered to the keeper of such jail, within six months after this Title shall take effect as a law; and certified copies of any original establishment of liberties, and of all alterations which shall be made in the liberties of any jail, shall, immediately after the entry of the same in the minutes of the court, be made out and delivered to the keeper of such jail.

bited.

$39. The keeper of every jail to whom such certified copies shall To be exhi be delivered, shall keep the same exposed to public view in some open and public part of such jail; and it shall be the duty of such jailer to exhibit the same to every person who shall be admitted to the liberties of such jail, at the time of his executing the bonds for that purpose herein after prescribed.

$ 40. Every person who shall be in the custody of the sheriff of who entiany county, by virtue,

1. Of any capias ad respondendum: or,

2. Of any execution in a civil action: or,

3. By virtue of any attachment for the non-payment of costs in a civil action: or,

4. In

consequence of a surrender in exoneration of his bail :

Shall be entitled to be admitted to the liberties of the jail which shall have been established in such county according to law, upon executing a bond to such sheriff and his assigns, as prescribed in the next section.84

tled to libertica.

penalties.

41. Such bond shall be executed by the prisoner, and one or Bond its more sufficient sureties, being inhabitants and householders of the county, in a penalty which shall be as follows:

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