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be safely kept in custody, in the manner prescribed by law, and, except as otherwise prescribed in the next two sections, at his own expense, until he satisfies the judgment rendered against him, or is discharged according to law.

2 R. 8. 376, 76 and 77 (3 R. S., 5th ed., 659; 2 Edm. 391), consolidated, and extended.

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§ 111. Support of prisoner in Kings county. In the county of Kings, when the sheriff has actually confined in jail a prisoner so arrested or surrendered, he must serve upon the plaintiff's attorney, as prescribed by law for the service of a paper upon an attorney in an action, a written notice, stating that he has so confined the prisoner, and that the plaintiff is required to make the payments specified in this section, in default whereof the prisoner will be discharged. Within three days after service of the notice, or six days, if the service is by mail, the plaintiff must pay to the sheriff the sum of twenty-five dollars, for the support of the prisoner for the first twenty days, after his actual confinement in jail, unless in the meantime he is discharged or admitted to the jail liberties. At or before the expiration of each subsequent period of twenty days, during which the prisoner has been so confined, the plaintiff must pay a like sum to the sheriff, for the prisoner's support during the ensuing twenty days. If a payment required by this section is not made, the prisoner must be discharged. The sheriff must apply all the money so paid, to the support of the prisoner, unless he is admitted to the jail liberties or discharged, in which case he must refund to the plaintiff's attorney a ratable portion of the last payment, according to the period of time, during which the prisoner was so confined.

1. 1869, ch. 813, am'd.

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$112. Support of prisoners in other counties. —- In any county except Kings, if a prisoner, actually confined in jail, makes oath before the sheriff, jailor, or deputy-jailor, that he is unable to support himself during his imprisonment, his support is a county charge.

L. 1875, ch. 251, 1 and 4.

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$113. Charges for food, etc., when prohibited. 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.

2 R. S. 426,1 (3 R. S., 5th ed., 724; 2 Edm. 444).

§ 114. Also for waiting for prisoner. 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 pretence, for keeping the 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.

Id., 2, am'd.

115. Rates of charges for lodging, etc. If a per son 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. 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.

Id., 3.

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$116. Prisoner may send for necessaries. 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.

Id., 4.

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117. Charges for rent, etc., prohibited. 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.

2 R. S. 426, 15.

$118. Prisoner, how conveyed to jail through another county.-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.

I., 6. See 9 Wend. 206.

$119. Officer or prisoner not liable to arrest.-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. Id., § 7, am'd.

ARTICLE SECOND.

JAILS; JAIL DISCIPLINE; AND REGULATIONS CONCERNING THE CONFINEMENT AND CARE OF PRISONERS.

Sec. 120. Jail in New-York city.

121. Jails in other counties.

122. Elther of several Jails may be used.

123. Civil and criminal prisoners to be kept separate.

12. Males and females to be kept separate.

125. Penalties.

126. Jall physician.

127. Removal of sick prisoners.

129. Sale of liquor in jails.

19. Permit, when granted.

130. Penalties for violation.

131. Service of papers ou prisoner.

132. Sheriff to permit access for that purpose.
133. Prisoners under United States process.
134. Sheriff answerable for their custody.

§120. Jail in New-York city. 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 the confinement of such persons; and the sheriff of the city and county of New-York shall have the custody thereof, and of the prisoners in the same.

2R. S. 423, 12 (3 R. S., 5th ed., 725; 2 Edm. 446), also first clause of 1 R. S. 380, 275.

121. Jails in other counties. 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.

2 R. S. 428, 13, and part of 1 R. S. 380, 75.

§ 122. Either of several jails may be used. — 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.

Id., 24.

§ 123. Civil and criminal prisoners to be kept separate. 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.

Id., 8. See Lockwood v. Mercereau, 6 Abb. 206.

124. Males and females to be kept separate. - Male and female prisoners must not be put in the same room; except that a husband and his wife may be put or kept together, in a room wherein there are no other prisoners.

Id., 10, am'd.

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125. Penalties. A sheriff, or other officer, who wilfully violates any of the foregoing provisions of this title, forfeits to the person aggrieved, treble damages. He is also guilty of a misdemeanor, and shall be punished accordingly. A conviction also operates as a for

feiture of his office.

Id., 11.

§ 126. Jail physician. The board of supervisors of each county, except New-York, must appoint some reputable physician, duly authorized to practice medicine, as the physician to the jail of the county. If there is more than one jail they must appoint a physician to each. The common-council of the city of New-York must appoint a similar physician, to the jail of that city and county. The physician to a jail holds his office at

the pleasure of the board which appointed him, except in the county of Kings. In that county, the term of his office is three years.

2 R. S. 428, part of 28, as modified by L. 1869, ch. 418.

127. Removal of sick prisoners. If the physician to a jail, or, in case of a vacancy, a physician acting as such, and the warden or jailor, certify in writing, that a prisoner, confined in the jail in a civil cause, is in such a state of bodily health, that his life will be endangered, 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.

Id., as am'd, L. 1873, ch. 299, 1.

§ 128. Sale of liquor in jails. — 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 therein, 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 furnished, the name of the prisoner for whom, and the time during which the same may be furnished.

Id., 29.

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