lution 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. § 148. Copy to be kept posted in jail. The county clerk must, within one week after a resolution of a 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. § 149. Who admitted to liberties. 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 delivering to the sheriff an undertaking as prescribed in the next section. [AM'D CH. 648 OF 1886.] § 150. Undertaking to be executed by prisoner; its contents. The undertaking 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. The provisions regulating the justification of bail, contained in article third of title first of chapter seventh of this act, govern, except as otherwise expressly prescribed in this article with respect to the notice of justification of the sureties; the officers before whom they must justify; the substitution of new sureties or a new undertaking; the examination and qualifications of the new sureties and the allowance of the undertaking. But after the allowance the undertaking must be delivered to the party at whose instance the prisoner is in custody. [AM'D CH. 648 OF 1886.] § 151. For whom undertaking to be held. An undertaking so taken is held for the indemnity of the sheriff taking it, and of the party at whose instance the prisoner executing it is confined. [AM'D CH. 648 OF 1886.j § 152. Prisoner to be committed when surety is insufficient. If the party at whose instance the prisoner is in custody discovers that a surety therein is insufficient, he may, upon proof of the fact, by affidavit or otherwise, apply to the court or to a jury thereof, on whose process or mandate such prisoner is in custody, or to the county judge of the county where such prisoner is confined, and the court or a judge thereof or such county judge may make an order committing such prisoner to close confinement in the jail until another undertaking with good and sufficient sureties is offered. [AM'D CH. 648 OF 1886.] § 153. Surrender of prisoner by his sureties. One or more of the sureties, in an undertaking given for the liberties of a jail, may surrender the principal, at any time before judgment is rendered against them in an action on the undertaking; but they are not exonerated thereby, from a liability incurred before making the surrender. [AM'D CH. 648 OF 1886.] § 154. How surrender made. The surrender must be made as follows: The surety or sureties making it must take the principal to the keeper of the jail, who must, upon his or their written requisition to that effect, take the principal into his custody, and indorse upon the undertaking given for the liberties, an acknowledgment of the surrender; and also, if required, give the surety or sureties a certificate, acknowledging the surrender. [AM'D CH. 648 OF 1886.] § 155. What deemed and what not deemed an escape. The going at large, within the liberties of the jail in which he is in custody, of a prisoner who has executed such an undertaking, or of a prisoner who would be entitled to the liberties upon executing such an undertaking, 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, or his sureties has the same authority to pursue and retake him, as if he had escaped from the jail. Such an escape forfeits the undertaking for the liberties, if any; subject to the provisions of the next article of this title. [AM'D CH. 648 OF 1886.] § 156. When court may order indicted prisoner to be produced. (AMENDED BY CH. 416 OF 1877.] Where a person, who has been indicted for a criminal offence, is held by a sheriff, by virtue of a mandate in a civil action or special proceeding, the court, in which the indictment is pending, may make an order, requiring the sheriff to bring him before the court; whereupon the court may make such disposition 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. § 157. Prisoner committed for contempt. 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. § 158. Sheriff's liability for escape. 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 until an undertaking for the liberties of the jail is given and approved 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. [AM'D CH. 648 OF 1886.] § 159. Penalty for connivance at escape, by a sheriff, etc. A sheriff or other officer, who demands or receives a reward, gratuity, or other valuable thing, to procure, assist, connive at, or permit an escape of a prisoner, in his custody, is guilty of a misdemeanor, and shall be punished accordingly. A conviction also operates as a forfeiture of his office, and disqualifies him forover thereafter from holding the same. ARTICLE FIFTH. ACTION UPON AND ASSIGNMENT OF A BOND FOR JAIL LIBERTIES. SECTION 160. Defence in action by sheriff on bond. 161. Judgment against sheriff to be evidence against sureties, etc. 163. Requisites of application therefor. 164. Such judgment when stayed. Same; when vacated. SECTION 165. Judgment against sheriff is evidence of damages. 167. Action on bond by assignee; damages recoverable. 139. Defence in action by assignee. 170. Stay of proceedings where assignment is not taken § 160. Defense in action by sheriff on undertaking. In an action brought on an undertaking for the jail liberties, it is a defense, that the prisoner voluntarily returned to the 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 defense to the action, which might be made by the sheriff, to an action against him for the escape. [Aм'D CH. 648 OF 1886.] § 161. Judgment against sheriff to be evidence against sureties, etc. Put if judgment has been rendered against the sheriff, in an action brought for the escape, and due notice of the pendency of the action was given to the prisoner and his sureties, to enable them to defend the same, the judgment against the sheriff is conclusive 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. § 162. Summary judgment for sheriff. In an action brought by a sheriff on an undertaking for the jail liberties, if it appears to the court, upon a motion made in behalf of 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 judgment for the plaintiff; and the judgment must be entered accordingly, with the costs. [Aм'D CH. 648 OF 1886.] § 163. Requisites of application therefor. 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. § 164. Such judgment when stayed. Id.; when vacated. If it appears, on the hearing of the motion, that the defendants have a meritorious defence, which was not controverted in the action against the sheriff, and which by law could not have been so 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. § 165. Judgment against sheriff is evidence of damages. In an action brought by a sheriff on an undertaking 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. [AM'D CH. 648 OF 1886.] § 166. Assignment of undertaking. If an undertaking for the jail liberties is forfeited before the same is duly allowed the party at whose instance the prisoner was confined, or, in case of his death, his executor or administrator, may elect to bring an action on the undertaking. [AM'D CH. 648 OF 1886.] § 167. Action on undertaking by assignee; damages recoverable. The person so electing may maintain an action on the undertaking, 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. [AM'D CH. 648 OF 1886.] The commence § 168. Such assignment bars action against sheriff. ment of such an action shall be deemed an election and is a bar to an action, by or on behalf of such person, against the sheriff or other officer accepting such an undertaking, for an escape by the prisoner executing the undertaking, amounting to a breach of the conditions thereof, unless the escape was with the assent of the sheriff or other officer. [AM'D CH. 648 OF 1886.] § 169. Defense in action by assignee. In an action brought as provided for in the three last sections, the defendant may make any defense, which he might make, if the action was brought by the sheriff. [AM'D CH. 648 OF 1886.] § 170. Stay of proceedings where assignment is not taken. If the person so entitled to bring an action on the undertaking for the jail liberties, in lieu of making such election, brings an action against the sheriff for the escape, the court may, except where the escape was made with the sheriff's assent, stay proceedings upon a judgment recovered against the sheriff, with such limitations, and upon such terms as it deems just, until he has had & reasonable time to prosecute the undertaking, and collect a judgment recovered thereon. [ [AM'D CH. 648 of 1886.] § 171. Defence of sheriff in action for escape. In an action against a sheriff or other officer, for the escape of a prisoner, it is a defence, that the escape was without the assent of the defendant, and that at the commencement of the action, he had the prisoner within the liberties, either by his voluntary return, or by recapture. TITLE III. Application of the foregoing provisions to the proceedings of a coroner. SECTION 172. Duties of coroner when sheriff is a party. 173. Any one of the coroners may act. 174. Arrest of sherif by coroner. 175. Sheriff; how confined. 176. Place of confinement to be deemed a jail. 177. Sheriff to be admitted to jail liberties; liability of coroner for sheria's escape 178. Coroner may prosecute, etc., bond for liberties. 179. Duties of coroner where sheriff is plaintiff. 180. Such prisoner entitled to jail liberties, etc. § 172. Duties of coroner when sheriff is a party. In an action or special proceeding, to which the sheriff of a county is a party, a coroner of the same county has all the power, and is subject to all the duties of a sheriff, in a cause to which the sheriff is not a party; except as otherwise specially prescribed by law. $173. Any one of the coroners may act. A mandate in a civil action or special proceeding which must or may be executed by the coroners, or by a coroner of a county, must be directed either to a particular coroner, or generally to the coroners of that county. Where such a mandate is directed generally to the coroners of a county, or requires them to do any act, it may be executed, and a return thereto may be made and signed, by one of them; but such an act or return does not affect the others. § 174. Arrest of sheriff by coroner. Where a mandate, requiring the arrest of the sheriff of the county, is directed to a coroner, he must execute the same in the manner prescribed by law, with respect to the execution of a similar mandate by a sheriff; and he is authorized to take an undertaking on the arrest, or an undertaking for the jail liberties, in a like case, and in like manner, and with like effect as where such an undertaking may be taken by a sheriff. [AM'D CH. 648 OF 1886.] § 175. Sheriff; how confined. Where the actual confinement of a sheriff by a coroner, on a mandate, is required or authorized by law, he must be confined by the coroner, in a house situated within the liberties of the jail of the county, other than the sheriff's house or the jail, in the same manner as a sheriff is required by law to confine a prisoner in the jail. § 176. Place of confinement to be deemed a jail. That house thereupon becomes the jail of the county, for the use of the coroner; and each provision of law relating to the jail, or to an escape from the jail, applies thereto, while the sheriff is confined therein. § 177. Sheriff to be admitted to jail liberties; liability of coroner for sheriff's escape. A sheriff so arrested must be admitted to the liberties of the jail of the county, in a like case, and upon executing a like undertaking to the coroner, as prescribed by law for a prisoner in the sheriff's custody. For an escape of the sheriff from the liberties, the coroner is liable, in the same manner, and to the same extent, as a sheriff for a similar escape; and he may make the same defense as a sheriff. [AM'D CH. 648 OF 1886.] § 178. Coroner may prosecute, etc., undertaking for liberties. The coroner may prosecute an undertaking for the liberties taken by him, and is entitled to all the rights, and subject to all the liabilities, prescribed by law, with respect to a similar undertaking taken by a sheriff. The undertaking may be assigned by him, to the party at whose instance the sheriff was arrested; and the same proceedings may be had thereupon, as upon an undertaking taken and assigned by a sheriff in a similar case. |AM'D CH. 648 OF 1886.] § 179. Duties of coroner where sheriff is plaintiff. A person arrested by a coroner, in an action or special proceeding, in which the sheriff of the county is plaintiff, must be confined in the jail of the county, in a case where such a confinement is required, or authorized by law; but the coroner is not liable for an escape of the prisoner from the jail, after he has been confined therein. A person so confined must be kept and treated, in all respects, like a prisoner confined by the sheriff. § 180. Such prisoner entitled to jail liberties, etc. A person so arrested by a coroner, is entitled to be discharged, or to the liberties of the jail, as the case requires, upon giving an undertaking to the coroner, in the like manner, and in a like case, in which a person arrested by a sheriff would be entitled to be discharged, or to the liberties. The undertaking so given, must be in all respects similar to that required to be given to a sheriff; and it has the like effect, and may be assigned and proceeded upon in like manner. [Aм'D CH. 648 OF 1886.] § 181. Escape of such prisoner. A coroner is answerable for an escape of a prisoner, admitted by him to the liberties of the jail, in the same manner and to the same extent, as a sheriff, and may interpose a like defence. [31 33 |