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to the guard, and may allow such sum therefor as he deems just. He may draw therefor upon the state treasury, and must charge it to the county for whose benefit it was paid, and certify the amount thereof, to the treasurer of the county, by whom it must be laid before the supervisors at their next annual meeting.

§ 442. The supervisors must thereupon direct the amount to be levied and collected, as a county charge; but if they think it would be unreasonably burdensome to raise it all in one year, they may divide it into not exceeding three equal parts, and order it to be levied in an equal proportion in three successive years.

§ 443. When collected in whole or in part, the money must be paid to the county treasurer, by whom it must be paid to the state treasurer, to the credit of the county, on or before the first day of May, after its collection.

§ 444. The sheriff, when he deems it necessary, may, with the assent of the county judge, or, in the city and county of New-York, of the recorder or city judge, employ a temporary guard for the protection of the county jail, or of any other prison in his county, or for the safe keeping of prisoners, until a guard can be organized, as provided in section 438; the expenses of which are a county charge.

§ 445. The expenses of the sheriff, or any other county officer, incurred pursuant to the last seven sections, are also a county charge.

ARTICLE VIII.

JAIL LIBERTIES; AND THE ADMISSION OF PRISONERS THERETO.

SECTION 446. Present jail liberties, continued.

447. Jail liberties, how and by whom established.

448. How and by whom altered.

449. Order establishing or altering jail liberties, how filed and served. 450. Admission of prisoner to jail liberties.

451. Security therefor.

452. If security insufficient, prisoner to be re-committed.

453. Surrender of prisoner.

454. Retaking prisoner, after escape.

§ 446. The jail liberties in each county, are continued as now established, subject to alteration as provided in section 448.

§ 447. When the jail liberties have not been established, and in counties hereafter erected, the supervisors of the county must appoint a reasonable space of ground, adjacent to the jail of the county, to be denominated the jail liberties, as follows:

1. The liberties must be laid out as nearly as may be, in a square; except that a stream of water, canal, or highway, may be adopted as an exterior line, though not in a straight line, or at right angles with the other exterior lines:

2. They must not exceed five hundred acres in extent, and must include the court house, and the office of the county clerk:

3. A minute description of their boundaries and extent, must be filed with the county clerk:

4. The boundaries and limits of the liberties must be designated, by visible and permanent objects.

§ 448. The jail liberties may be altered by the supervisors, not oftener than once in three years, and must be designated in the same manner and subject to the same restrictions, as are prescribed in the last section. But when they have been fixed by statute, no alteration can be made excluding a part of the existing jail liberties.

§ 449. A copy of the order establishing or altering the jail liberties, must be filed with the county clerk, by whom a certified copy must be immediately delivered to the sheriff, which must be conspicuously posted in the county jail.

§ 450. A person in the custody of the sheriff, in a civil action, by virtue of an order of arrest or an execution, or upon a surrender in exoneration of bail, or upon a commitment, for not paying money, may go at large within the jail liberties, with the consent of the sheriff He must, however, be admitted to the jail liberties, upon giving security therefor, as provided in the next section.

§ 451. The security for the jail liberties must be by a written undertaking, executed by two or more sufficient sureties, stating their places of residence and occupations, to the effect that the prisoner shall not go beyond the jail liberties, until legally discharged, or that the sureties will pay to the person at whose suit the prisoner is in custody, a sum mentioned in the undertaking, and which must be as follows:

1. If upon an order of arrest, or a surrender in exoneration of bail, in a civil action, before judgment, the sum recovered by the judgment, not exceeding that mentioned in the warrant of arrest, with interest and the sheriff's fees.

2. If upon an execution in a civil action, or a commitment for not paying money, a sum not exceeding that mentioned therein, with interest and the sheriff's fees.

§ 452. If the sheriff at any time discover that either of the sureties for the jail liberties is insufficient, he may re-commit the prisoner to jail, until other sufficient security be given.

§ 453. The sureties, at any time before judgment against them upon their undertaking, may surrender the prisoner, or he may surrender himself to the sheriff or jailer, in exoneration of his sureties from a future liability, but not from a liability incurred before the surrender. The sheriff or jailer must thereupon, on the written requirement of the sureties, receive the prisoner into custody, and must endorse the surrender upon the undertaking, and if required, give to the sureties a certificate thereof.

§ 454. If a prisoner, allowed by the sheriff to go at large within the jail liberties, go beyond them without the consent, connivance or procurement of the adverse party, the sheriff in whose custody he is, may pursue and re-take him, as if he had escaped from the jail.

ARTICLE IX.

ESCAPES, AND THE LIABILITIES OF SHERIFFS THEREFOR.

SECTION 455. In what cases, prisoner to be actually confined.

456. Sheriff, when liable for escape.

457. Action may be brought against sheriff or sureties for the liberties. 458. Action cannot be brought, if prisoner return before commencemen thereof.

459. Judgment against sheriff, when evidence against sureties.

460. Measure of damages, in action for escape.

461. Proceedings on judgment against sheriff, when and for what purpose to be stayed.

462. Punishment of sheriff, &c., for conniving at escape.

§ 455. A prisoner committed to the county jail for a contempt, or for trial or upon conviction for a public offence, or in default of security to appear as a witness in a criminal action, must be actually confined in the jail, until he is legally discharged; and if he be permitted to go at large out of the jail, except by virtue of a legal order or process, it is an escape, and the sheriff or jailer permitting it is punishable for a misdemeanor; and when the prisoner escaping is also held until he pay a sum of money to a private party, that party may recover, in a civil action against the sheriff, his damages sustained by reason of the escape.

§ 456. A sheriff who suffers the escape of a prisoner, arrested or in jail, without the consent or connivance of the party in whose behalf the arrest or imprisonment was made, is liable to an action by such party therefor as follows:

1. When the arrest is upon an order of arrest in a civil action, when the presence of the defendant at the return of the summons is necessary to enable the plaintiff to proceed in the action, and the defendant does not

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