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

appear at the time and place specified for the return of the summons:

2. When the arrest or imprisonment is upon an or der of arrest in any other civil action, or upon a surrender in exoneration of the sheriff or of bail, and the defendant is not found upon an execution against his person, issued to the proper county on a judgment in such action:

3. When the arrest is on an execution or commitment to enforce the payment of money, and the party arrested is not recaptured or surrendered into custody, at the expiration of the time limited for the service thereof, or legally discharged therefrom:

4. When a person is imprisoned on an execution or commitment to enforce the payment of money, and he escapes after the time limited for the service and is not recaptured or surrendered before an action brought for the escape.

§ 457. The measure of damages, in an action for an escape, as provided in the last section is as follows:

1. For the escape mentioned in subdivision 1 of the last section:

2. In any other case, the amount expressed in the execution or commitment:

3. The actual damages sustained

§ 458. An action for the escape of a prisoner confined in a jail for either of the causes mentioned in section

450, or admitted to the jail liberties, may be brought, by the adverse party against either the sheriff or the sureties for the jail liberties; but the election to sue the sureties discharges the sheriff.

§ 459. The action cannot however be maintained, if, after his escape and before the commencement of the action, the prisoner return to the jail or the liberties thereof, or be retaken by the sheriff.

§ 460. If the action be brought against the sheriff, and he give written notice thereof to the prisoner or to his sureties, a judgment against the sheriff is conclusive evidence of his right to recover against the prisoner or his sureties, as to any matter which was or might have been controverted in the action against the sheriff. In an action by the sheriff against the prisoner or his sureties, the judgment against the sheriff for the escape of the prisoner, is evidence of the damages sustained by him, in the same manner as if it had been collected; and he is also entitled to recover his costs and reasonable expenses in defending the action against him, as part of his damages.

§ 461. If the action be brought against the sheriff, when security for the jail liberties has been taken, the court must, unless the escape was with the assent of the sheriff, stay all proceedings upon a judgment thereon against him, until the expiration of a reasonable time to enable him to prosecute the sureties. and collect from them the amount of the judgment he may recover.

§ 462. A sheriff, jailer or other officer, who demands. or receives a reward or gratuity, to aid, assist or connive at the escape of a prisoner in his custody, is punishable for a misdemeanor; and if he be a sheriff, forfeits his office. If a sheriff be convicted, as provided in this section, the court must immediately report the fact of his conviction to the governor.

ARTICLE X.

ASSIGNMENT OF THE JAIL AND OF PRISONERS AND PROCESS, TO A NEW SHERIFF.

SECTION 463. Notice of election or appointment of new sheriff, and effect thereof. 464. Delivery of-jail and of prisoners and process, to new sheriff.

465. Assignment of prisoners.

466. Execution and return of process, by former sheriff.

467. Proceedings to compel delivery of jail, &c., and assignment of prisoners, to new sheriff.

§ 463. When a new sheriff is elected or appointed, and has qualified and given the security required by special statutes, the county clerk must give a certificate of that fact, under his seal of office; upon the service of which on the former sheriff, his powers cease, except when otherwise specially provided.

§ 464. Within three days after the service of the certificate upon the former sheriff, he must deliver to his

successor,

1. The jail or jails of the county, with their appurtenances and the property of the county therein:

2. The prisoners then confined in the county jail: