ART. 3. $28. The boards of supervisors of the several counties of this state, shall, within one year after this Title takes effect as a law, ap- Physicians to point some reputable physician duly authorised to practise physic, to jails. be physician to the jail of their respective counties; and in case there is more than one jail in any county, a physician to each jail; and the common council of the city of New-York, shall, within the same time, appoint a similar physician to the jail of the said city and county: such physicians shall hold their offices during the pleasure of the board appointing them.77 using liquor $29. No spirituous liquor shall, on any pretence whatever, be selling and sold within any building used and established as a jail; nor shall any in jails. kind of spirituous, fermented or other liquor, except cider and that quality of beer called table-beer, be brought into any jail for the use of any person confined therein, without a written permit by the physician to such jail, which shall be delivered to and kept by the keeper thereof, specifying the quantity and quality of the liquor which may be furnished to any prisoner, the name of the prisoner for whom, and the time when the same may be furnished.78 permitted. jailers and $30. No such permit shall be granted, unless it shall satisfactorily when use appear to such physician, that the liquor allowed to be furnished, is absolutely necessary for the health of the prisoner for whose use it is permitted; which shall be specifically stated in such permit. $31. Every person who shall sell or bring into any jail, any spirit- Penalty on uous, fermented or other liquor, contrary to the foregoing provisions, others. and every sheriff, keeper of a jail, assistant to such keeper, or other officer employed in or about any jail, who shall knowingly suffer any spirituous or other liquor to be sold or used in a jail, contrary to the foregoing provisions, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be subject to imprisonment not exceeding one year, or to a fine not exceeding two hundred and fifty dollars, or both, in the discretion of the court; and every sheriff or other officer so convicted, shall forfeit his office.79 &c. to be de livered to prisoners. S32. Every sheriff or jailer upon whom a declaration, notice, or Declarations, any other proceeding directed to any prisoner in his custody, shall be served, shall, within five days thereafter, deliver the same to such prisoner, with a note thereon of the time of the service thereof upon such sheriff or jailer; and for every neglect or violation of this section, the sheriff or jailer guilty thereof, shall be liable to such prisoner for all damages occasioned thereby.80 ARTICLE THIRD. Of the Liberties of Jails, and admitting Prisoners thereto. SEC. 33. Existing liberties of jails, to remain. 34. How established in courties hereafter erected. 35. When and how altered by courts of common pleas. 36. Liberties how to be entered and designated. (77) I R. L. p. 433, § 24. (78) Ib. § 23 & 24. (79) Ib. § 24 & 25. (80) Ib. p. 426, § 25. TITLE 6. Existing li berties continued. How estab lished hereafter. Alterations SEC. 37. New liberties to be established in New-York. 39. Jailers to exhibit such descriptions, &c. 40. Who entitled to liberties of jails. 41. Bond to be given, its penalty. 42. Condition of bond. 43. For whose indemnity bond to be held. 44. When person may be recommitted to prison. 45. Sureties in bond, may surrender their principal. 46. How such surrender to be made. 47. What to be escape of person giving bond; what not escape. 49. But concluded in certain case, by judgment against sheriff. 50. When judgment to be rendered summarily for sheriff. 51. Proceedings to entitle him to such judgment. 52. When proceedings thereon to be suspended. 53. When judgment to be vacated, &c. 54. Evidence of sheriff's damages: his costs and expenses. 55. Bond when to be assigned to plaintiff or his representatives. 56. Action thereon; damages to be recovered. 57. Acceptance of assignment, to bar action against sheriff. 58. Defence in action by assignee of bond. 59. Proceedings on judgment against sheriff, when stayed. $33. The liberties of the jails of the city and county of New-York, of the city and county of Albany, and of the several counties of this state, as the same have already been established according to law, by the courts of common pleas of the said counties, and of the said cities and counties respectively, or otherwise, shall be and remain the liberties thereof.81 $34. Wherever such liberties have not been established, and in counties hereafter erected, the court of common pleas of such county shall appoint and designate a reasonable space of ground adjacent to the jail or jails of such county, to be denominated the liberties thereof, as follows: 1. Such liberties shall be laid out in a square or parallelogram, as near as may be; but any stream of water, canal or highway, may be adopted as an exterior line, notwithstanding the same may not be in a straight line, or may not be at right angles with the other exterior lines of such liberties: 2. They shall not exceed five hundred acres in extent: 3. A minute description of the boundaries of such liberties and their extent, shall be entered on the minutes of the court: 4. The boundaries and limits of such liberties, shall be designated by monuments, or enclosures, or posts, or other visible and permanent marks, at the expense of the county.s 82 $ 35. The liberties of the jails in any county of this state, may be of liberties. altered by the court of common pleas of such county, in their discretion, not oftener than once in three years, subject to the same restrictions as are prescribed in the last section, in respect to the form and extent of such limits. But in cases where the jail liberties in any county shall have been fixed by any statute of this state, no altera(81) 1 R. L. p. 428, § 4. (82) Ib. and Laws of 1822, p. 72. tion shall be made by which any part of the present jail liberties of ART. 3. such county, shall not be included within the liberties as altered.83 and designat $36. Such alterations shall be entered in the minutes of the court; How entered and the boundaries and limits of the liberties, as altered, shall be de- ed. signated, under the order of the court, in the same manner as herein before directed in respect to the original designation thereof. in New S37. The liberties of the jail of the city and county of New-York, New liberties shall be established anew by the court of common pleas of said city York. and county, within three months after this Chapter shall take effect as a law. Such liberties shall not comprehend a larger space than one thousand acres, and in the designation thereof, the provisions of the thirty-fourth section of this Article shall be observed, except as to the extent of such limits. of liberties to $38. A copy of the minutes of the court of common pleas, estab- Descriptions lishing the liberties of any jail, and of the minutes making subsequent be furnished alterations, shall be made and certified by the clerk of the county, and jailers. be by him delivered to the keeper of such jail, within six months after this Title shall take effect as a law; and certified copies of any original establishment of liberties, and of all alterations which shall be made in the liberties of any jail, shall, immediately after the entry of the same in the minutes of the court, be made out and delivered to the keeper of such jail. bited. $39. The keeper of every jail to whom such certified copies shall To be exhi be delivered, shall keep the same exposed to public view in some open and public part of such jail; and it shall be the duty of such jailer to exhibit the same to every person who shall be admitted to the liberties of such jail, at the time of his executing the bonds for that purpose herein after prescribed. $ 40. Every person who shall be in the custody of the sheriff of who entiany 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 in a civil action: or, 4. In consequence of a surrender in exoneration of his bail : Shall be entitled to be admitted to the liberties of the jail which shall have been established in such county according to law, upon executing a bond to such sheriff and his assigns, as prescribed in the next section.8 84 tled to liberties. $41. Such bond shall be executed by the prisoner, and one or Bond: its more sufficient sureties, being inhabitants and householders of the penaltios. county, in a penalty which shall be as follows: TITLE 6. 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 mesne process, or be surrendered in exoneration of his bail before judgment docketed against him: Its condition. For whom hold. Recommit Principal may be surrendered by sure ties. How made. Escape of prisoner, what. 2. It shall be not less than double the amount directed to be levied by the execution or attachment, 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.85 $42. Such bond shall be conditioned, that the person so in custody of such sheriff, shall remain a true and faithful prisoner, and shall not, at any time, or in any manner, escape or go without the limits and boundaries of the liberties established for the jail of such county, until discharged by due course of law.85 S43. 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.85 $ 44. 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.85 $45. 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 such surrender. $46. Such surrender may be made as follows: 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. $47. The going at large of any prisoner who shall have executed such bond, or of any prisoner who would be entitled to the liberties of any jail upon executing such bond, within the limits of the liberties of the jail 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 liberties of such county, without the assent of the party at whose suit such prisoner shall be in custody, the (85) 1 R. L. p. 429, § 6. 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. ART. 3. suit on such $48. In every suit brought by a sheriff on such bond, the defen- Defence in dants may plead a voluntary return of the prisoner to the jail from bond. which he escaped, or the liberties thereof, 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 such escape. judgment a $49. But if an action shall have been brought against such sheriff Effect of for such escape, aud due notice thereof shall have been given to the gainst sheriff. 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. judgment for $50. In every such action brought by a sheriff on a bond executed Summary for the jail liberties, if it shall appear to the court that judgment has him. 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 his sureties, to enable them to defend the same, such court shall render judgment in the suit upon such bond, at the same term in which the writ by which such action shall be commenced, shall be returned served. ceedings. $51. But to entitle any sheriff to move for such judgment, he Previous proshall have filed his declaration, and shall show to the court that he had given twenty days' notice of such motion. ceedings on S52. If it shall appear on the hearing of such motion, that the de- Staying profendants have any meritorious cause of defence, which was not con- judgment. troverted in the action against the sheriff, and which by law could not have been so controverted, the court shall suspend proceedings on such judgment, until a trial in such action be had; but such judgment shall remain as a security for the sheriff. $ 53. If such defence be established, the court shall vacate such When to be judgment, and render judgment as in other cases. vacated. $ 54. In every action brought by a sheriff on such bond, the re- Evidence of covery of a judgment against him for the escape of the prisoner, shall damages, &c. be evidence of the damages sustained by him, in the same manner as if such judgment had been collected; and such sheriff shall be en |