Copy to be kept jail. 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. 2 R. S. 451, § 34, made applicable to the provisions of Laws of 1875, ch. 482, § 1, subd. 18. § 148. The county clerk must, within one week after a resolution posted in of 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. Who admitted to liberties. Bond to be executed by prisoner; Its contents. 2 R. S. 452, §§ 38 and 39, consolidated, and made applicable as stated in note to preceding section. § 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 surrender 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. 2 R. 8. 452, § 40, amended. § 150. The bond must be executed by the prisoner, and one or more sufficient sureties, residents, and householders or freeholders of the county, in a penalty at least twice the sum, in which the sheriff was required 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. 2 R. S. 452, §§ 41 and 42, consolidated, with amendments. whom § 151. A bond so taken is held for the indemnity of the sheriff For taking it, and of the party at whose instance the prisoner executing bond to it is confined. 2 R. S. 452, § 43. be held. to be ted when § 152. If a sheriff, who has taken such a bond, discovers that a Prisoner surety therein is insufficient, he may commit the prisoner who exe- commitcuted it to close confinement in the jail, until another bond, with surety is good and sufficient sureties, is offered. 2 R. S. 453, § 44. insuffi cient. of prisoner sureties. § 153. One or more of the sureties, in a bond given for the liber- Surrender ties of a jail, may surrender the principal, at any time before judg- by his ment is rendered against them in an action on the bond: but they are not exonerated thereby, from a liability incurred before making the surrender. 2 R. S. 453, § 45, modified. render § 154. The surrender must be made as follows. The surety or How sursureties making it must take the principal to the keeper of the jail, made. who 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. 2 R. S. 453, § 46. deemed not 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 and what a prisoner who would be entitled to the liberties upon executing such deemed a 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. 2 R. S. 453, § 47, amended by the addition of the last sentence. court may indicted § 156. [Amended, 1877.]. Where a person, who has been indicted when for a criminal offence, is held by a sheriff, by virtue of a mandate order in a civil action or special proceeding, the court, in which the indict- prisoner ment is pending, may make an order, requiring the sheriff to bring duced. him before the court; whereupon the court may make such disposi to be pro Prisoners committed for contempt. Sheriff's liability for escape. Penalty for con escape, by tion 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. Laws of 1871, ch. 208, § 1; 9 Edm. St. 67, amended. § 157. A prisoner, committed to jail upon process for contempt, or committed for misconduct in a case prescribed by law, must be actually confined and detained within the jail, until he is discharged by due 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 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. 2 R. S. 455, § 61, amended. Concluding sentence new. A judge cannot, on habeas corpus, determine whether the sheriff is bound to admit an imprisoned debtor to the liberties. People v. Cowles, 3 Abb. Ct. App. 507; S. C., 4 Keyes, 481. § 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 sustained by the plaintiff. 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. 2 R. S. 456, §§ 62 and 63, consolidated, and amended. The removal of a prisoner, having the liberties of the jail, from the limits thereof, by virtue of a valid legal process, which affords justification to the officer taking him thence, is not an escape, within the statute. Wilckens v. Willet, 4 Abb. Ct. App. 596; S. C., 1 Keyes, 521. § 159. A sheriff or other officer, who demands or receives a nivance at reward, gratuity, or other valuable thing, to procure, assist, connive a sheriff, at, or permit an escape of a prisoner in his custody, is guilty of a misdemeanor, and shall be punished accordingly. A conviction also etc. operates as a forfeiture of his office, and disqualifies him.forever thereafter from holding the same. 2 R. S. 456, §§ 65 and 66, consolidated. ARTICLE FIFTH. ACTION UPON AND ASSIGNMENT OF A BOND FOR JAIL LIBERTIES. SEC. 160. Defence in action by sheriff on bond. 161. Judgment against sheriff to be evidence against sureties, etc. 162. Summary judgment for sheriff. 163. Requisites of application therefor. 164. Such judgment when stayed. Id.; 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. 171. Defence of sheriff in action for escape. in action on bond. § 160. In an action brought by a sheriff on a bond for the jail Defence liberties, it is a defence, that the prisoner voluntarily returned to the by sheriff liberties of the jail from which he escaped, or was recaptured by, or surrendered to the sheriff, from whose custody he escaped, before the commencement of the action. The defendants may make that or any other defence to the action, which might be made by the sheriff, to an action against him for the escape. 2 R. S. 453, § 48, amended. against be evi against § 161. But if judgment has been rendered against the sheriff, in Judgment an action brought for the escape, and due notice of the pendency of sheriff to the action was given to the prisoner and his sureties, to enable them dence to defend the same, the judgment against the sheriff is conclusive sureties, evidence of his right to recover against the prisoner and his sureties, to whom the notice was given, as to any matter which was or might have been controverted, in the action against the sheriff. 2 R. S. 453, § 49. etc. judgment sheriff. § 162. In an action brought by a sheriff on a bond for the jail summary liberties, if it appears to the court, upon a motion made in behalf of for the 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 Requisites of applica tion therefor. Such judgment for the plaintiff; and judgment must be entered accordingly, with costs. 2 R. S. 454, § 50. § 163. But to entitle a sheriff to move for such a judgment, he must have served a copy of his complaint, and given twenty days' notice of the motion. 2 R. S. 454, § 51. § 164. If it appears, on the hearing of the motion, that the defendants have a meritorious defence, which was not controverted in the Id.; when action against the sheriff, and which by law could not have been so judgment when stayed. vacated. Judgment against sheriff is evidence of damages. Assign ment of bond. Action on bond by damages recoverable. 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. 2 R. S. 454, §§ 52 and 53, consolidated, and amended. 64 Barb. 568. See Toll v. Alvord, § 165. In an action brought by a sheriff on a bond for the jail liberties, a judgment against him for the escape of the prisoner, is evidence of the damages sustained by him, as if it had been collected; and he may recover his reasonable attorney's and counsel fees, and other expenses in defending the action against him, as part of his damages. 2 R. S. 454, § 54. § 166. If a bond for the jail liberties is forfeited, the party at whose instance the prisoner was confined, or, in case of his death, his executor 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. 2 R. S. 454, § 55. § 167. The person to whom such an assignment has been made, assignee; may maintain an action on the bond, as assignee of the sheriff taking the same, in a case where an action might be maintained by the sheriff; and he may recover the same damages for the breach of the condition, which he might have recovered in an action against the sheriff, for the escape. 2 R. S. 454, § 56, condensed by a reference to § 158, ante. |