1. The sheriff must from time to time notify as many persons to attend as it is necessary in order to form a jury of twelve 'persons qualified to serve as trial jurors in the county court of the county, or in the city and county of New York, in the supreme court, to try the validity of the claim.

2. Upon the trial, witnesses may be examined in behalf of the claimant and of the party at whose instance the property claimed was taken by the sheriff. For the purpose of compelling a witness to attend and testify, the sheriff, upon the application of either party to the inquisition, must issue a subpoena, as prescribed in section 854 of this act, and with like effect; except that a warrant to apprehend or commit a witness, in a case specified in section 855 or section 856 of this act may be issued by a judge of the court in which the action is brought, or by the County judge.

3. The sheriff or under sheriff must preside upon the trial. A witness, produced by either party, must be sworn by the presiding officer, and examined orally in the presence of the jury. A witness who testifies falsely upon such an examination is guilty of perjury in a like case and is punishable in like manner as upon the trial of a civil action.

L. 1895, ch. 946.

$ 109. [Am'd, 1895.]

Expenses, how paid.

Upon such a trial there are no costs; but the fees of the sheriff, jurors and witnesses must be taxed, by a judge of the court or the county judge of the county, and must be paid as follows:

1. If the jury by their verdict find the title or the right of possession to the property claimed to be in the claimant, by the party at whose instance the property was taken by the sheriff. 2. If they find adversely to the claimant with respect to all the property claimed, by the claimant.

3. If they find the title or right of possession to only a part of the property claimed, to be in the claimant; each party must pay his own witnesses' fees, and the sheriff's and jurors' fees must be paid, one-half by each party to the inquisition.

Before notifying the jurors, the sheriff may, in his discretion, require each of the parties to the controversy to deposit with him such reasonable sum, as may be necessary to cover his legal fees, and the jurors' fees. The sheriff must return to each party the balance of the sum so deposited by him, after deducting his fees, lawfully chargeable to that party, as prescribed in this section.

L. 1895, ch. 946. See 2 R. S. 4, § 12; §§ 657-8, 1418-0.

29

TITLE II.

Provisions relating to the execution, by a sheriff, of a mandate against the person.

Article 1. Arresting, conveying to jail, and committing a prisoner.

2. Jails; jail discipline; and regulations concerning the confinement
and care of prisoners.

3. Temporary jails, and temporary removal of prisoners from jail.
4. Jail liberties; escapes.

5. Action upon and assignment of a bond for jail liberties.

ARTICLE FIRST.

Arresting, conveying to jail, and committing a prisoner.

Sec. 110. Prisoner, how kept.

111. Imprisonment on execution.

112. Id.; in other counties.

113. Charges for food, etc., when prohibited.

114. Also for waiting for prisoner.

115. Rates of charges for louging, etc.

116. Prisoner may send for necessaries.

117. Charges for rent, etc., prohibited.

118. Prisoner, how conveyed to jail through another county.
119. Officer or prisoner not liable to arrest.

§ 110. Prisoner, how kept.

A person arrested, by virtue of an order of arrest, in an action or special proceeding brought in a court of record; or of an execution issued upon a judgment rendered in a court of record; or surrendered in exoneration of his bail; must be safely kept in custody, in the manner prescribed by law, and, except as otherwise prescribed in the next two sections, at his own expense, until he satisfies the judgment rendered against him, or is discharged according to law.

2 R. S. 376, §§ 76 and 77 (3 R. S., 5th ed., 659; 2 Edm. 391), consolidated and extended.

Imprisonment on execution.

§ 111. [Am'd, 1886.] No person shall be imprisoned within the prison walls of any 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 nonpayment 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. It shall be the duty of the sheriff in whose custody any such person is held to discharge such person at the expiration of said respective periods without any formal application being made therefor. No person shall be imprisoned within the jail liberties of any 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 upon a bond given for the jail liberties by such person to secure the benefit of such liberties, as provided in articles fourth and fifth of this title for an escape made after the expiration of six months' imprisonment as aforesaid. Notwithstanding such a discharge in either of the above cases, the judgment creditor in the execution, or the person at whose instance the said mandate was issued, has the same remedy against the property of the person imprisoned

which he had before such execution or mandate was issued; but the prisoner shall not be again imprisoned upon a like process Issued in the same action or arrested in any action upon any judgment under which the same may have been granted. Except in a case herein before specified nothing in this section shall effect a commitment for contempt of court.

L 1886, ch. 672. See § 157, 1494, 2202, 3033.

{112. [Am'd, 1883.] ld.; in other counties.

In any county, if a prisoner, actually confined in jail, makes eath before the sheriff, jailer, or deputy-jailer, that he is unable to support himself during his imprisonment, his support is a County charge.

1875, ch. 251, §§ 1 and 4.

|113. Charges for food, etc., when prohibited.

A sheriff or other officer shall not charge a person, whom he has arrested, with any sum of money, or demand, or receive from bim money, or any valuable thing, for any drink, victuals or other thing, furnished or provided for the officer, or for the prisoner, at any tavern, ale-house, or public victualing or drinking

boose.

2 R. S. 426, § 1 (3 R. S., 5th ed., 724; 2 Edm. 444).

| 114. Also for waiting for prisoner.

A sheriff or other officer shall not demand or receive from a person, arrested by him, while in his custody, a gratuity or reward, upon any pretence, for keeping the prisoner out of jail; for going with him or waiting for him to find bail, or to agree with his adversary; or for any other purpose.

14., 2, am'd.

115. Rates of charges for lodging, etc.

If a person arrested is kept in a house, other than the jail of the county, the officer arresting him, or the person in whose custody he is, shall not demand or receive from him any greater sum, for ging, drink, victuals, or any other thing, than has been theretofore prescribed by the court of sessions of the county; or, if Do rate has been prescribed by the court of sessions, than is alkowed by a justice of the peace of the same town or city, upon proof that the lodging or other thing was actually furnished, at the request of the prisoner. And such an officer or person shall t, in any case or upon any pretext, demand or receive compensation for strong, spirituous, or fermented liquor, or wine, sold or livered to the prisoner.

Id., 3.

116. Prisoner may send for necessaries.

A prisoner so kept in a house, may send for and have beer, ale, eider, tea, coffee, milk, and necessary food, and such bedding, Fren and other necessary things, as he thinks fit, from whom he

ses without detention of the same or any part thereof by, or ying for the same, or any part thereof to, the officer arresting bin, or the person in whose custody he is.

| 117. Charges for rent, etc., prohibited.

A sheriff, jailer, or other officer, shall not demand or receive money, or any valuable thing, for chamber rent in a jail; or any

fee, compensation, or reward, for the commitment, detaining in custody, release, or discharge of a prisoner, other than the fees expressly allowed therefor by law.

Id., § 5.

§ 118. Prisoner, how conveyed to jail through another county.

A sheriff or other officer, who has lawfully arrested a prisoner, may convey his prisoner through one or more other counties, in the ordinary route of travel, from the place where the prisoner was arrested, to the place where he is to be delivered or confined. 2 R. S. 426, § 6.

§ 119. Officer or prisoner not liable to arrest.

A prisoner so conveyed, or the officer having him in custody, is not liable to arrest in any civil action or special proceeding, while passing through another county.

Id., § 7, am'd.

32

ARTICLE SECOND.

Jails; jail discipline; and regulations concerning the confinement and care of prisoners.

Sec. 120. Jail in New York city.

121. Jails in other counties.

122. Either of several jails may be used.

123. Civil and criminal prisoners to be kept separate.

124. Males and females to be kept separate.

125. Penalties.

128. Jail physician.

127. Removal of sick prisoners.

128. Sale of liquor in Jails.

129. Permit, when granted.

130. Penalties for violation.

131. Service of papers on prisoner.

132. Sheriff to permit access for that purpose. 133. Prisoners under United States process. 134. Sheriff answerable for their custody.

120. Jail in New York city.

The building now used as a jail in the city of New-York, for the confinement of prisoners in civil causes, shall continue to be the jail of the city and county of New-York, for the confinement of such persons; and the sheriff of the city and county of NewYork shall have the custody thereof and of the prisoners in the

same.

2 R. S. 428, §12 (3 R. S., 5th ed., 725; 2 Edm. 446), also first clause of 1 B. S. 380, § 75.

121. Jails in other counties.

The buildings, now used as the jails of the other counties of the State, shall continue to be the jails of those counties respectively, until other buildings have been designated or erected for that purpose, according to law; and the sheriff of each county shall have the custody of the jail or jails of his county, and of the prisoners in the same.

Id., 13, and part of 1 R. S. 380, § 75.

{ 122. Either of several jails may be used.

The sheriff of a county, in which there is more than one jail, may confine a prisoner in either; and may remove him from one jail to another, within the county, whenever he deems it necessary for his safe keeping, or for his appearance at court. 14., § 24.

| 123. Civil and criminal prisoners to be kept separate. A prisoner, arrested in a civil cause, must not be kept in a room, in which any prisoner, detained on a criminal charge or conviction, is confined.

14., 8.

124. Males and females to be kept separate.

Male and female prisoners must not be put in the same room; except that a husband and his wife may be put or kept together, in a room wherein there are no other prisoners.

Id., 10, am'd.

125. Penalties.

A sheriff, or other officer, who wilfully violates any of the foregoing provisions of this title, forfeits to the person aggrieved, treble damages. He is also guilty of a misdemeanor, and shall