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. 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.

$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.

A

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

ARTICLE SECOND.

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

SECTION 120. Jail in New York city.

121. Jails in other counties.

PRISONERS.

122. Either of several jails may be used.

123. Civil and criminal prisoners to be kept separate.

124. Males and females to be kept separate.

125. Penalties.

126. Jail physician.

127. Removal of sick prisoners.

128. Sale of liquor in jails.

129. Permit, when granted.

130. Penalties for violation.

131. Service of papers on 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.

§ 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.

§ 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.

$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.

§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.

$125. Penalties. A sheriff, or other officer, who willfully 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 forfeiture of his office.

$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 y and county. The physician to a jail holds his office at the pleasure of the beard which appointed him, except in the county of Kings. In that county, the term of his office is three years.

$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 justices of the supreme court, 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. 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.

$ 129. Permit, when granted. Such a permit shall not be granted, unless the physician is satisfied, that the liquor allowed to be furnished is necessary for the health of the prisoner, for whose use it is permitted; and that fact must be stated in the permit.

$130. Penalties for violation. A person who brings into or sells in a jail, strong, spirituous, fermented, or other liquor, or wine, contrary to the foregoing provisions of this article; or a sheriff, keeper of a jail, assistantkeeper, or an officer, or person employed in or about a jail, who knowingly suffers liquor or wine to be sold or used therein, contrary to this article, is

guilty of a misdemeanor, and shall be punished accordingly. A conviction also operates as a forfeiture of his office.

§ 131. Service of papers on prisoner. A sheriff or jailor, upon whom a paper in an action or special proceeding, directed to a prisoner in his custody, is lawfully served, or to whom such a paper is delivered for a prisoner, must, within two days thereafter, deliver the same to the prisoner, with a note thereon of the time of the service thereof upon, or the receipt thereof by him For a neglect or violation of this section, the sheriff or jailor, guilty thereof, is liable to the prisoner for all damages occasioned thereby.

§ 132. Sheriff to permit access for that purpose. Subject to reasonable regulations, which the sheriff may establish for that purpose, a sheriff, jailor, or other officer, who has the custody of a prisoner, must permit such access to him as is necessary, for the personal service of a paper in an action or special proceeding, to which the prisoner is a party, and which must be personally served.

§ 133. Prisoners under United States process. A sheriff must receive into his jail and keep a prisoner, committed to the same, by virtue of civil process issued by a court of record, instituted under the authority of the United States, until he is discharged by the due course of the 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. Sheriff answerable for their custody. A sheriff or jailor, 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 PRISONERS FROM JAIL.

SECTION 135. When jail becomes unfit, etc., another to be designated. 136. Designation, how annulled.

137. Copy of designation to be served on the sheriff, etc.

138. Prisoners already upon jail liberties.

139. Jail liberties to prisoner, who becomes entitled thereto, before removal.
140. Id.; to prisoners removed.

141. When designation to be revoked, etc.

142. Copy of revocation to be served on sheriff; sheriff's duty thereon.

143. Removal of prisoners in case of fire."

144. What officer to act in case of absence, etc.

§ 135. When jail becomes unfit, etc., another to be designated. 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 presiding justice of the appellate division of the supreme court of the first department, 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 the

purposes expressed in the instrument designating the same. 946 OF 1895. In effect Jan. 1, 1896.]

[AM'D BY CH.

§ 136. Designation, how annulled. 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. Copy of designation to be served on the sheriff, etc. 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 so 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. Prisoners already upon jail liberties. 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 confined therein, in a case, where the sheriff might confine him in the jail of his own county.

§ 139. Jail liberties to prisoner, who becomes entitled thereto, before removal. If a person, who is arrested, before or after the designation, by the sheriff of the county for which the designation is made, becomes entitled, after the designation, and before his removal, to the liberties of the jail, he must be admitted to the liberties of the jail of that county, as if the designation had not been made; but he may be removed by the sheriff to the jail, or other place, so designated, and confined therein, in a case, where the sheriff might confine him in the jail of his own county.

§ 140. Id; to prisoners removed. If a person confined in or removed. to the jail of a contiguous county, designated as prescribed in this article, becomes entitled to the liberties of the jail, the sheriff of that county must admit him to the jail liberties, as if he had been originally arrested by that sheriff, on a mandate directed to him.

§ 141. When designation to be revoked, etc. When a jail is erected. for the county, for whose use the designation was made, or its jail is rendered fit and safe for the confinement of prisoners, or the reason for the designation of another jail or place has otherwise ceased to be operative, the designation must be revoked, as prescribed in this article.

§ 142. Copy of revocation to be served on sheriff; sheriff's duty thereon. The county clerk must immediately serve a copy of the revocation, duly certified by him under his official seal, upon the sheriff of the same county; who must remove the prisoners belonging to his custody, and confined without his county, to his proper jail. If a prisoner has been admitted to the jail liberties in the other county, he must also be removed; and he is entitled to the liberties of the jail of the county, to which he is removed, without a new bond, as if he had been originally admitted to the jail liberties in that county; and the bond given by him applies accordingly to those liberties.

§ 143. Removal of prisoners in case of fire. If, by reason of a jail, or a building near a jail, being on fire, there is reason to apprehend that some or all of the prisoners confined in the jail, may be injured, or may escape, the sheriff or keeper of the jail may, in his discretion, remove them to some

safe and convenient place, and there confine them, until they can be safely returned to the jail; or, if the jail is destroyed, or so injured, that it is unfit or unsafe for the confinement of the prisoners, until a designation is made, as prescribed in section one hundred and thirty-five of this act.

§ 144. What officer to act in case of absence, et cetera. If the county judge, or the presiding justice of the appellate division of the supreme court of the first department, is absent or unable to act, or if his office is vacant, a designation, or the revocation or modification thereof, as prescribed in this article, may be made, in any county, except New York, by the special county judge or the district attorney, or in the city and county of New York, by any justice of the appellate division. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.]

ARTICLE FOURTH.

JAIL LIBERTIES; ESCAPES.

SECTION 145. Jail liberties in certain counties.

146. Id.; in other counties.

147. Id.; how laid out.

148. Copy to be kept posted in jail.

149. Who admitted to liberties.

150. Bond to be executed by prisoner; its contents.

151. For whom bond to be held.

152. Prisoner to be committed when surety is insufficient.

153. Surrender of prisoner by his sureties.

154. How surrender made.

155. What deemed and what not deemed an escape.

156. When court may order indicted prisoner to be produced.

157. Prisoners committed for contempt.

158. Sheriff's liability for escape.

159. Penalty for connivance at escape by a sheriff, etc.

§ 145. Jail liberties in certain counties. The following are the liberties of the jail for each of the counties specified, to wit:

For the city and county of New York, the whole of that city and county.

For the county of Onondaga, the whole of the city of Syracuse.

For the county of Monroe, the whole of the city of Rochester.

For the county of Erie, the whole of the city of Buffalo.

For the county of Dutchess, the whole of the city of Poughkeepsie.
For the county of Kings, the whole of that county.

For the county of Albany, the whole of the city of Albany.

For the county of Jefferson, the whole of the city of Watertown.

For the county of Herkimer the whole of the village of Herkimer.

For the county of Rensselaer, the whole of the city of Troy.

For the county of Niagara, the whole of the city of Lockport. [AM'D BY CH. 42 OF 1895. In effect March 18, 1895.]

§ 146. Id.; in other counties. The liberties of the jail in each of the other counties of the State, as heretofore established, shall continue to be the liberties thereof, until they are altered, or new liberties are established, as prescribed by law.

§ 147. Id.; how laid out. Where the liberties of a jail are altered or established, by resolution of the board of supervisors, as prescribed by law, a space of ground, adjacent to the jail, and not exceeding five hundred acres 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 line of the liberties. A reso