TITLE 2. Jail liber ties in certain coun ties. Read Id.; in other counties. Id.; how laid out. Copy to be in jail. ARTICLE FOURTH. JAIL LIBERTIES; ESCAPES. SECTION 145. Jail liberties in certain counties. 146. Id.; in other counties. 147. Id.; how laid out. 148. Copy to be kept posted in jail. 149. Who admitted to liberties. 150. Bond to be executed by prisoner; its contents. 151. For whom bond to be held. 152. Prisoner to be committed when surety is insufficient 153. Surrender of prisoner by his sureties. 154. How surrender made. 155. What deemed and what not deemed an escape. 156. When court may order prisoner out of sheriff's custody. 158. Sheriff's liability for escape. 159. Penalty for connivance at escape by a sheriff, etc. § 145. The following are the liberties of the jail for each of the counties specified, to wit: For the city and county of New-York, the whole of that city and county. For the county of Onondaga, the whole of the city of Syracuse. For the county of Erie, the whole of the city of Buffalo. For the county of Dutchess, the whole of the city of Poughkeepsie. For the county of Albany, the whole of the city of Albany. For the county of Jefferson, the whole of the city of Watertown. § 146. The liberties of the jail in each of the other counties of the State, as heretofore established, shall continue to be the liberties thereof, until they are altered, or new liberties are established, as prescribed by law. § 147. Where the liberties of a jail are altered or established, by resolution of the board of supervisors, as prescribed by law, a space of ground, adjacent to the jail, and not exceeding five hundred acres in quantity, must be laid out as the jail liberties, in a square or rectangle as nearly as may be; but a stream of water, canal, street, or highway, may be adopted as an exterior line, notwithstanding it is not in a straight line, or is not at right angles with the other exterior lines of the liberties. A resolution establishing or altering jail liberties, must contain a particular description of their boundaries; and as soon as may be after its adoption, the boundaries must be designated by monuments, inclosures, posts, or other visible and permanent marks, at the expense of the county. § 148. The county clerk must, within one week after a resolution of kepposted the board of supervisors, establishing or altering jail liberties, has been filed in his office, deliver an exemplified copy thereof to the keeper of the jail, who must keep the same exposed to public view, in an open and public part of the jail, and exhibit it to each person admitted to the liberties of the jail, at the time of his executing a bond for that purpose. ART. 4. Who ad liberties. § 149. A person in the custody of a sheriff, by virtue of an order of arrest; or of an execution in a civil action; or in consequence of a sur- mitted to render in exoneration of his bail; is entitled to be admitted to the liberties of the jail upon executing a bond to the sheriff, as prescribed in the next section. by prison tents. § 150. The bond must be executed by the prisoner and one or more Bond to be sufficient sureties, residents and householders or freeholders of the executed county, in a penalty at least twice the sum in which the sheriff was re- er; its conquired to hold the defendant to bail, if he is in custody under an order of arrest, or has been surrendered in exoneration of his bail, before judgment; or directed to be collected by the execution, if he is in custody under an execution; or remaining uncollected upon a judgment against him, if he has been surrendered after judgment; conditioned that the person so in custody shall remain a prisoner, and shall not, at any time or in any manner, escape or go without the liberties of the jail until discharged by due course of law. § 151. A bond so taken is held for the indemnity of the sheriff tak- For whom ing it, and of the party at whose instance the prisoner executing it is hond to be confined. held. ted when § 152. If a sheriff, who has taken such a bond, discovers that a surety Prisoner to therein is insufficient, he may commit the prisoner who executed it to be commit close confinement in the jail, until another bond, with good and suffi- surety is cient sureties, is offered. insuflì cient. by his sure § 153. One or more of the sureties, in a bond given for the liberties Surrender of a jail, may surrender the principal, at any time before judgment is of prisoner rendered against them in an action on the bond; but they are not ex- ties. onerated thereby, from a liability incurred before making the surrender. § 154. The surrender must he made as follows. The surety or sure- How surties making it must take the principal to the keeper of the jail, who render must, upon his or their written requisition to that effect, take the principal into his custody, and indorse upon the bond given for the liberties, an acknowledgment of the surrender; and also, if required, give the surety or sureties a certificate, acknowledging the surrender. made. deemed an escape. § 155. The going at large, within the liberties of the jail in which what he is in custody, of a prisoner who has executed such a bond, or of a and what prisoner who would be entitled to the liberties upon executing such a not deemed bond, is not an escape. But the going at large, beyond the liberties, by a prisoner, without the assent of the party at whose instance he is in custody, is an escape; and the sheriff in whose custody he was, has the same authority to pursue and retake him, as if he had escaped from the jail. Such an escape forfeits the bond for the liberties, if any; subject to the provisions of the next article of this title. order pris. custody. $156. Where a person, who has been indicted for a criminal offence, when is held by a sheriff, by virtue of a mandate in a civil action or special court may proceeding, the court, in which the indictment is pending, may make oner out of an order, requiring the sheriff to bring him before the court; where- sheriff's upon the court may make such disposition of the prisoner, as to it seems proper. The sheriff's fees and expenses, in so doing, are a county charge of the county wherein the court is sitting. § 157. A prisoner, committed to jail upon process for contempt, or Prisoner committed for misconduct in a case prescribed by law, must be actually for conconfined and detained within the jail, until he is discharged by due tempt. course of law, or is removed to another jail or place of confinement, in a case prescribed by law. A sheriff or keeper of a jail, who suffers committed TITLE 2. Sheriff's liability for escape. Penalty for connivance etc. such a prisoner to go or be at large out of his jail, except by virtue of a writ of habeas corpus, or by the special direction of the court committing him, or in a case specially prescribed by law; is liable to the party aggrieved, for his damages sustained thereby, and is guilty of a misdemeanor. If the commitment was for the non-payment of a sum of money, the amount thereof, with interest, is the measure of damages. § 158. Where a prisoner, in a sheriff's custody, goes or is at large beyond the liberties of the jail, without the assent of the party at whose instance he is in custody, the sheriff is answerable therefor, in an action against him, as follows: 1. If the prisoner was in custody by virtue of an order of arrest, or in consequence of a surrender in exoneration of his bail, before judgment, the sheriff is answerable to the extent of the damages sustode. tained by the plaintiff. The damages are the voice of his 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. § 159. A sheriff or other officer, who demands or receives a reward, at escape, gratuity, or other valuable thing, to procure, assist, connive at, or perby a sheriff, mit 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. Defence in sheriff on bond. ARTICLE FIFTH. ACTION UPON AND ASSIGNMENT OF A BOND FOR JAIL LIBERTIES. SECTION 160. Defence in action by sheriff on bond. 161. Judgment against sheriff to be evidenced against sureties, etc. 163. Requisites of application therefor. 164. Such judgment when stayed. Same; when vacated. 165. Judgment against sheriff is evidence of damages. 166. Assignment of bond. 167. Action on bond by assignee; damages recoverable. 168. Such assignment bars action against sheriff. 169. Defence in action by assignee. 170. Stay of proceedings where assignment is not taken. § 160. In an action brought by a sheriff on a bond for the jail liber action by ties, it is a defence, that the prisoner voluntarily returned to the liber ties of the jail from which he escaped, or was recaptured by, or sur rendered to the sheriff, from whose custody he escaped, before th commencement of the action. The defendants may make that or an other defence to the action, which might be made by the sheriff, to a action against him for the escape. Judgment against sheriff to be evidence against sureties, etc. § 161. But if judgment has been rendered against the sheriff, in a action brought for the escape, and due notice of the pendency of th action was given to the prisoner and his sureties, to enable them defend the same, the judgment against the sheriff is conclusive ev dence of his right to recover against the prisoner and his sureties, whom the notice was given, as to any matter which was or might ha been controverted, in the action against the sheriff. ART. 5. Summary for sheriff. § 162. In an action brought by a sheriff on a bond for the jail liberties, if it appears to the court, upon a motion made in behalf of the judgment. 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. of applica § 163. But to entitle a sheriff to move for such a judgment, he must Requisites have served a copy of his complaint, and given twenty days' notice of tion therethe motion. for. ment when vacated. § 164. If it appears, on the hearing of the motion, that the defend- Such judgants have a meritorious defence, which was not controverted in the stayed. action against the sheriff, and which by law could not have been so Id.; when 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. sheriff is § 165. In an action brought by a sheriff on a bond for the jail liber- Judgment ties, a judgment against him for the escape of the prisoner, is evidence against of the damages sustained by him, as if it had been collected; and he evidence of damages. may recover his reasonable attorney's and counsel fees, and other expenses in defending the action against him, as part of his damages. § 166. If a bond for the jail liberties is forfeited, the party at whose Assign. instance the prisoner was confined, or, in case of his death, his execu- bond. tor or administrator, is entitled to an assignment thereof; which must be executed by the sheriff who took the bond, or, in case of a vacancy in his office, by his under-sheriff, and acknowledged or proved, and certified, in like manner as a deed to be recorded in the county. ment of bond by § 167. The person to whom such an assignment has been made, may Action on maintain an action on the bond, as assignee of the sheriff taking the assignée; same, in a case where an action might be maintained by the sheriff; damages and he may recover the same damages for the breach of the condition, ble. which he might have recovered in an action against the sheriff, for the escape. recovera § 168. The acceptance of an assignment of such a bond, is a bar to Such assignment an action, by or in behalf of the assignee, against the sheriff or other bars action officer making the same, for an escape by the prisoner executing the against bond, amounting to a breach of the condition thereof, unless the escape was with the assent of the sheriff or other officer. sheriff. action by § 169. In an action brought by the assignee of the bond, the defend- Defence in ant may make any defence, which he might make, if the action was assignee. brought in the name and for the benefit of the sheriff. is not $170. If the person entitled to an assignment of a bond for the jail Stay of liberties, in lieu of taking the same, brings an action against the sheriff proceed ings where for the escape, the court may, except where the escape was made with assignment the sheriff's assent, stay proceedings upon a judgment recovered against taken. the sheriff, with such limitations and upon such terms as it deems just, until he has had a reasonable time to prosecute the bond, and collect a judgment recovered thereon. sheriff in 171. In an action against a sheriff or other officer, for the escape Defence of of a prisoner, it is a defence, that the escape was without the assent action for of the defendant, and that at the commencement of the action, he had escape. the prisoner within the liberties, either by his voluntary return, or by recapture. TITLE 3. Duties of coroner when TITLE III. Application of the foregoing provisions to the proceedings of a coroner. SECTION 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 sheriff's escape. 178. Coroner may prosecute, etc., bond for liberties. 180. Such prisoner entitled to jail liberties, etc. § 172. In an action or special proceeding, to which the sheriff of a county is a party, a coroner of the same county has all the power, and sheriff is a is subject to all the duties of a sheriff, in a cause to which the sheriff is not a party; except as otherwise specially prescribed by law. party. Any one of the coro ners may act. Arrest of sheriff by coroner. Sheriff; how confined. Place of confine deemed a jail. Sheriff to be admit § 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. § 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 a bond 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 a bond or undertaking may be taken by a sheriff. § 175. Where the actual confinement of a sheriff by a coroner, 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. § 176. That house thereupon becomes the jail of the county, for the ment to be 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. § 177. A sheriff so arrested must be admitted to the liberties of the jail of the county, in a like case, and upon executing a like bond to the coroner, as prescribed by law for a prisoner in the sheriff's custody liability of For an escape of the sheriff from the liberties, the coroner is liable, i sheriff's the same manner, and to the same extent, as a sheriff for a simila escape; and he may make the same defence as a sheriff. liberties; coroner for escape. Coroner may prose bond for liberties. § 178. The coroner may prosecute a bond for the liberties taken b cute, etc., him, and is entitled to all the rights, and subject to all the liabilities prescribed by law, with respect to a similar bond taken by a sherif The bond may be assigned by him, to the party at whose instanc the sheriff was arrested; and the same proceedings may be had ther upon, as upon a bond taken and assigned by a sheriff, in a similar case |