205 N. Y. 529. C. 235. 26 N. Y.State each party the balance of the sum so deposited by him, after deducting the fees, lawfully chargeable to that party, as prescribed in this section. TITLE II Provisions relating to the execution, by a sheriff, of a ARTICLE 1. Arresting, convering to fail, and committing a prisoner. 3. Temporary jails, and temporary removal of prisoners from Fail. 4. Jail liberties; escapes. 5. Action upon an assignment of a bond for jail liberties. ARTICLE FIRST. ARRESTING, CONVEYING TO JAIL, AND COMMITTING A PRIS § 110. A person arrested, by virtue of an order of ar rest, 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 i law, and, except as otherwise prescribed in the next two sec tions, at his own expense, until he satisfies the judgment re dered against him, or is discharged according to law. $111. [Am'd 1886.] No person shall be imprisoned with in the prison walls of any jail for a longer period than thre months under an execution or any other mandate against th person to enforce the recovery of a sum of money les than five hundred dollars in amount or under a commi ment upon a fine for contempt of court in the non-payme of alimony or counsel fees in a divorce case where th amount so to be paid is less than the sum of five hundred do lars; and where the amount in either of said cases is fiv hundred dollars or over, such imprisonment shall not continu for a longer period than six months. It shall be the duty the sheriff in whose custody any such person is held to de charge such person at the expiration of said respective pent ods without any formal application being made therefor. N person shall be imprisoned within the jail liberties of any jail for a longer period than six months upon any execution or othe mandate against the person, and no action shall be commence against the sheriff upon a bond given for the jail liberties b such person to secure the benefits of such liberties, as provi ed in articles fourth and fifth of this title for an escape mad after the expiration of six months' imprisonment as aforesa Nothwithstanding such a discharge in either of the above c ses, the judgment creditor in the execution, or the person whose instance the said mandate was issued, has the sa remedy against the property of the person imprisoned whi he had before such execution or mandate was issued; but th 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 hereinbefore specified nothing in this section shall effect a commitment for contempt of court. § 112. [Am'd 1883.] In any county, if a prisoner, actual- 34 Hun, 528, ly confined in jail, makes oath before the sheriff, jailor, or deputy-jailor, that he is unable to support himself during his imprisonment, his support shall be a county charge. § 113. A sheriff or other officer shall not charge a person, whom he has arrested, with any sum of money, or demand, or receive from him 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-house. § 114. 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 pretense, for keeping a 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. § 115. 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 lodging, drink, victuals, or any other thing, than has been theretofore prescribed by the court of sessions of the county; or, if no rate has been prescribed by the court of sessions, than is allowed 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 not, in any case or upon any pretext, demand or receive compensation for strong, spirituous, or fermented liquor, or wine, sold or delivered to the prisoner. " § 116. A prisoner so kept in a house, may send for and have beer, ale, cider, tea, coffee, milk, and necessary food, and such bedding, linen and other necessary things, as he thinks fit, from whom he pleases, without detention of the same or any part thereof by, or paying for the same, or any part thereof to, the officer arresting him, or the person in whose custody he is. § 117. A sheriff, jailor, 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. § 118. 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. § 119. 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. ? 1715, Consol. Act, as amend'd by L. 1886 676. ARTICLE SECOND. JAILS; JAIL DISCIPLINE; AND REGULATIONS CONCERNING 120. 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 cthe confinement of such persons; and the sheriff of the city and county of New York shall have have the custody thereof, and of the prisoners in the saine. 293, Consol. Act. § 121. 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. $122. 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. § 123. 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. § 124. Male and female prisoners must not be put in the same room; except that a husband and his wife may be p or kept together, in a room wherein there are no other prison ers. § 125. A sheriff, or other officer, who wilfully violates an of the foregoing provisions of this title, forfeits to the perse aggrieved, treble damages. He is also guilty of a misdemear or, and shall be punished accordingly. A conviction also ope rates as a forfeiture of his office. § 126. The board of supervisors of each county, excep· New York, must appoint some reputable physician, duly a thorized to practice medicine, as the physician to the jaile the county. If there is more than one jail they must appoin a physician to each. The common council of the city of New York must appoint a similar physician, to the jail of that cit and county. The physician to a jail holds his office at th pleasure of the board which appointed him, except in th county of Kings. In that county, the term of his office is thre years. § 127. If the physician to a jail, or, in case of a vacanc a physician acting as such, and the warden or jailor, certi in writing, that a prisoner, confined in the jail in a civil caus is in such a state of bodily health, that his life will be enda gered, unless he is removed to a hospital for treatment, the county judge, or, in the city and county of New York, one of the judges of the court of common pleas, must, upon application, make an order, directing the removal of the prisoner to a hospital within the county, designated by the judge; or, if there is none, to such nearest hospital as the judge directs; that the prisoner be kept in the custody of the chief officer of the hospital, until he has sufficiently recovered from his illness, to be safely returned to the jail; that the chief officer of the hospital then notify the warden or jailor, and that the latter thereupon resume custody of the prisoner. If the prisoner actually escapes, while going to, remaining at, or returning from the hospital, a new execution may be issued against his person, if he was in custody by virtue of an execution; or, if he was in custody by virtue of an order of arrest, a new order of arrest may be granted, upon proof by affidavit of the facts specified in this section, without other proof, and without an undertaking. § 128. Strong, spirituous, or fermented liquor, or wine, shall not, on any pretence, be sold within a building used and established as a jail. Spirituous, fermented or other liquor, except cider, and that quality of beer called table-beer, shall not be brought into a jail for the use of a person confined herein, without a written permit by the physician to the jail, which must be delivered to and kept by the keeper thereof, specifying the quantity and kind of liquor which may be furished, the name of the prisoner for whom, and the time durng which the same may be furnished. § 129. Such a permit shall not be granted, unless the >hysician is satisfied, that the liquor allowed to be furnished s necessary for the health of the prisoner, for whose use it is permitted and that fact must be stated in the permit. $130. A person who brings into or sells in a jail, strong, pirituous, fermented, or other liquor, or wine, contrary to the oregoing provisions of this article; or a sheriff, keeper of a ail, assistant-keeper, or an officer, or person employed in or about a jail, who knowingly suffers liquor or wine to be sold or Ised therein, contrary to this article, is guilty of a misdeneanor, and shall be punished accordingly. A conviction also operates as a forfeiture of his office. § 131. A sheriff or jailer, upon whom a paper in an action r special proceeding, directed to a prisoner in his custody, is 21 Abb. N. awfully served, or to whom such a paper is delivered for a C. 172. risoner, must, within two days thereafter, deliver the same o the prisoner, with a note thereon of the time of the service hereof upon, or the receipt thereof by him. For a neglect or iolation of this section, the sheriff or jailor, guilty thereof, is able to the prisoner for all damages occasioned thereby. § 132. Subject to reasonable regulations, which the sherI may establish for that purpose, a sheriff, jailor, or other of- 45 Hun, 179. cer, who has the custody of a prisoner, must permit such ccess to him as is necessary, for the personal service of a aper in an action or special proceeding, to which the prisonr is a party, and which must be personally served. § 133. A sheriff must receive into his jail and keep a prisner, committed to the same, by virtue of civil process issued y a court of record, instituted under the authority of the Inited States, until he is discharged by the due course of the 101 N. Y. 487. 5 N. Y.Supp. 338. 19 Hun, 184. laws of the United States, in the same manner as if he was committed by virtue of a mandate in a civil action, issued from a court of the State. The sheriff may receive, to his own use, the money payable by the United States for the use of the jail. $134. A sheriff, or jailer, to whose jail a prisoner is committed, as prescribed in the last section, is answerable for his safe keeping, in the courts of the United States, according to the laws thereof. ARTICLE THIRD. TEMPORARY JAILS, AND TEMPORARY REMOVAL OF PRISON- 2135. When jail becomes unfit, 136. Designation, nulled. how an 137. Copy of designation to be 138. Prisoners already upon 139. Jail liberities to prisoner, who becomes entitled thereto, before removal. 142. Copy of revocation to be 144. What officer to act in case $135. [Am'd 1877.] If there is no jail in a county; or the jail becomes unfit or unsafe for the confinement of some or all of the prisoners, or is destroyed by fire or otherwise; or if a pestilential disease breaks out in the jail, or in the vicinity of the jail, and the physician to the jail certifies that it is likely to endanger the health of any or all of the prisoners in the jail; the county judge, or, in the city and county of New York, the chief-judge of the court of common pleas, must, by an instrument in writing, filed with the clerk of the county, designate another suitable place within the county, or the jail of a contiguous county, for the confinement of some or all of the prisoners, as the case requires. The place so designated thereupon becomes, to all intents and purposes, except as otherwise prescribed in this article, the jail of the county for which it has been so designated, and for the purposes expressed in the instrument designating the same. § 136. The designation may be modified or revoked, by the judge making the same, by a like instrument in writing, filed with the clerk of the county. 137. The county clerk must serve a copy of the designation, duly certified by him, under his official seal, on the sheriff and keeper of the jail of a contiguous county só designated. The sheriff of that county must, upon the delivery of the sheriff of the county for which the designation is made, receive into his jail, and there safely keep, all persons who may be lawfully confined therein, pursuant to this article. and he is responsible for their safe keeping, as if he was the sheriff of the county for which the designation is made. § 138. If a prisoner has been admitted to the liberties of the jail of the county, for which the designation is made, he must, notwithstanding, remain within those liberties; but he may be removed by the sheriff, to whom he has given bond for the liberties, to the jail or other place so designated, and |