TITLE XXXV. ADMITTING PRISONERS TO THE LIBERTIES OF OF CIVIL PROCESS. HAPTER CLXXII. Of Admitting Prisoners to the Liberties of Jails; Of Escape, and the Liability of Sheriffs therefor. CHAPTER CLXXIII. General Provisions Relating to Jails, and the Confinement of Prisoners therein by virtue of Civil Process. IMITTING PRISONERS TO THE LIBERTIES OF JAILS; OF PES, AND THE LIABILITY OF SHERIFFS THEREFOR. TITLE XXXV. ADMITTING PRISONERS TO THE LIBERTIES OF JAILS; OF ESCAPES; AND GENERAL PROVISIONS RELATING TO JAILS, AND THE CONFINEMENT OF PRISONERS THEREIN BY VIRTUE OF CIVIL PROCESS. CHAPTER CLXXII. Of Admitting Prisoners to the Liberties of Jails; Of Escape, and the Liability of Sheriffs therefor. CHAPTER CLXXIII, General Provisions Relating to Jails, and the Confinement of Prisoners therein by virtue of Civil Process. OMITTING PRISONERS TO THE LIBERTIES OF JAILS; OF APES, AND THE LIABILITY OF SHERIFFS THEREFOR. Who entitled to liberties of jail Mimits. (5548.) SECTION 1. Every person who shall be in the custody of the Sheriff of any 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; or: 4. In consequence of a surrender in exoneration of his bail; Shall be entitled to the liberty of the jail limits, which limits Limita, what to shall be co-extensive with the limits of such county, upon executing a bond to such Sheriff and his assigns, as prescribed in the next section. be. Bond to be executed. Bond. (5549.) SEC. 2. Such bond shall be executed by the prisoner and one or more sufficient sureties, being inhabitants and householders of the county, in a penalty, which shall be as follows: 1. It shall be not less than double the amount of the sum in which the Sheriff was required to hold the defendant to bail, if he be in custody on original process, or be surrendered in exoneration of his bail before judgment docketed against him; 2. It shall be not less than double the amount directed to be levied by the attachment or execution, if he be in custody upon attachment or execution; 3. It shall be not less than double the amount for which judgment shall have been rendered against him, if he be surrendered after judgment docketed. Conditions of (5550.) SEC. 3. Such bond shall be conditioned, that the person so in custody of such Sheriff, shall not, at any time or in any manner, escape or go without the jail limits of the county, until legally discharged. For whom held. When prisoner may be recommitted. Principal may be surrendered by sureties. (5551.) SEC. 4. Every such bond taken for the liberties of any jail, shall be valid, and shall be held for the indemnity of the Sheriff taking the same, and of the party at whose suit the prisoner executing such bond shall be confined. (5552.) SEC. 5. If a Sheriff who shall have taken any such bond for the liberties of any jail, shall discover that any surety to such bond is insufficient, he may commit the prisoner who executed the same to close confinement in such jail, until other good and sufficient sureties shall be offered. (5553.) SEC. 6. The sureties in any bond given for the liberties of any jail, may surrender their principal at any time before judgment shall be rendered against them on such bond; but such bail shall not be exonerated thereby from any liability incurred before the making of such surrender. made. (5554.) SEC. 7. Such surrender may be made as follows: How surrender The bail may take their principal to the keeper of the jail, and upon the written requirement of such bail, the keeper shall take such principal into his custody, and thereupon endorse upon the bond given for the limits, an acknowledgment of the surrender of such principal; and such keeper shall also, if required, give the bail a certificate acknowledging such surrender. prisoner. (5555.) SEC. 8. The going at large of any prisoner who shall What an escape of have executed such bond, or of any prisoner who would be entitled to the liberties of any jail upon executing such bond, within the jail limits of the county in which he shall be in custody, shall not be deemed an escape of such prisoner; but in case any such prisoner shall go at large without the jail limits of such county, without the assent of the party at whose suit such prisoner shall be in custody, the same shall be deemed an escape and forfeiture of the bond so executed, and the Sheriff in whose custody such prisoner shall have been, shall have the same authority to pursue and retake such prisoner, as if such escape had been made from the jail. on Bond. (5556.) SEC. 9. In every suit brought by a Sheriff on such Defence in suit bond, the defendants may give notice of a voluntary return of the prisoner to the liberties of the jail from which he escaped, or a recaption of such prisoner by the Sheriff from whose custody he escaped, before the commencement of such suit, and may give evidence thereof in bar of such action; and such defendants shall be entitled to make such or any other defence to such suit, which might be made by such Sheriff, to an action against him for an escape. ment against (5557.) SEC. 10. But if an action shall have been brought Effect of judg against such Sheriff for such escape, and due notice thereof Sheriff. shall have been given to the prisoner and his sureties who executed the bond for the jail liberties, the judgment against such Sheriff shall be conclusive evidence of his right to recover against such prisoner and his sureties, to whom such notice was given, in the action on such bond, as to all matters which were or might have been controverted in the action. against the Sheriff. ment in favor of (5558.) Sec. 11. In every such action brought by a Sheriff summary judg on a bond executed for the jail liberties, if it shall appear that Sheria. judgment has been rendered against such Sheriff for the escape of the prisoner, and that due notice of the pendency of the action against the Sheriff was given to such prisoner and |