§ 22. Removal of prisoners from one jail to another in same county. The sheriff of a county having more than one jail may confine a person committed thereto in either, and may remove him from one jail to another, whenever, for any reason, he deems it necessary.

[This section is derived from § 122 of the code of civil procedure. The changes made are verbal.

The section of the code reads as follows:

"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."]

§ 23. Number of rooms.-Each jail shall contain a sufficient number of rooms:

1. For the separate confinement of persons detained as witnesses in criminal cases, or committed on civil process or for contempt.

2. For the separate confinement of persons awaiting the action of a grand jury or trial after indictment.

3. For the solitary and separate confinement of prisoners under sentence, while such prisoners are not employed as provided by this chapter.

[County L., § 91. The proposed section does not modify the present law, except that the words "while such prisoners are not employed as provided by this chapter" are added in subdivision 3. It is proposed that persons detained as witnesses be confined apart from those charged with crime. Such persons should in no case be classed as criminals. We have deemed it more appropriate to class such persons with civil prisoners.]

§ 24. Separation of prisoners.-All persons confined in jail shall, as far as practicable, be kept separate from each other. In no case shall a prisoner, arrested in a civil cause, or detained as a witness or for contempt, be kept in the same room or allowed to associate with a prisoner convicted of crime, or detained ou a criminal charge; nor shall a person in confinement awaiting the action of a grand jury, or trial after indictment, be kept in the same room or allowed to associate with a prisoner convicted of crime.

Female prisoners shall not be kept in the same room or allowed to associate with male prisoners. But a husband and his wife may be kept together in a room wherein there are no other prisoners.

[County L., § 92, in part, and code of civil procedure, §§ 123, 124. The parts of § 92 of the County Law not contained in this section, will be found in §§ 25, 26, post.

We have inserted the words " or allowed to associate with." As the law now reads a woman "detained in jail upon a criminal charge, or as a convict under sentence, shall not be kept in the same room with a man; and if detained on civil process, or for contempt, or as a witness, she shall not be put or kept in the same room with a man, except with her husband, in a room in which there are no other prisoners." The language is modified by the revision, but with no material change. Section 124 of the code of civil procedure is the same as the part of § 92 of the County Law which is quoted.]

25. Custody of prisoners.-Each sheriff shall receive and safely keep in the jails of his county, all persons lawfully committed to his custody, for safe-keeping, examination or trial, or sentenced to

imprisonment therein upon conviction of a contempt or criminal offense. He shall not, without lawful authority, let any such person out of jail.

[This section is a proposed re-enactment of the first two sentences of § 92 of the County Law.]

§ 26. Conversations of prisoners.-All persons confined in a jail shall be allowed to converse with their counsel, or religious adviser, under such reasonable regulations and restrictions as the keeper of the jail may prescribe. Prisoners under sentence shall not be allowed to converse with any other person, except in the presence of a keeper. The keeper may prevent all other conversation by prisoners when he shall deem it necessary or proper. [County L., § 92, the last three sentences, with no change.]

§ 27. Food of prisoners.- All persons committed to a jail, except civil prisoners supporting themselves, shall be provided with a sufficient quantity of plain but wholesome food at the expense of the county; but all prisoners, except those under sentence, may,. at their own expense and under the direction of the keeper, be supplied with any other proper articles of food.

[This section is derived from the first sentence of § 93 of the County Law, as amended by L. 1896, chap. 826. By such section, it is provided that "prisoners detained for trial and those under sentence shall be supported at a county expense." The language of the proposed section recognizes the charge imposed upon the county for the support of civil prisoners, when they declare, under oath, that they are unable to support themselves, as provided in § 113 of the code of civil procedure.]

§ 28. Reading matter; divine services.-The keeper of a jail shall provide a Bible to be kept in each room thereof. He shall

permit the persons therein confined to be supplied with other suitable and proper books and papers. He shall cause religious services to be conducted for the benefit of the prisoners, at least once each Sunday, if there is a room in the jail that may be safely used for that purpose. All prisoners may attend such services.

[County L., § 94. Under the present law it is provided that the sheriff shall cause divine services to be held in the jail, if practicable, and if there is a room in the jail that may be safely used for that purpose. The words "if practicable" are omitted in the revision. It is proposed that divine services shall be held if there is a suitable room in the jail.]

§ 29. Jail physician.— The board of supervisors of each county, except the counties entirely embraced within the city of 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 sheriff of each county embraced entirely within the city of New York must appoint a similar physician to each county jail within such county. The physician to a jail holds his office at the pleasure of the board or officer who appointed him, except in the county of Kings. In that county, the term of his office is three years.

[Code Civ. Pro., § 126. The section of the code now provides that in the city of New York, the common council appoint a physi cian to the jail of that city and county. Since the passage of the Greater New York charter, the city embraces all of the counties of New York, Kings and Richmond, and it is therefore proposed to authorize the sheriff of each county in such city to appoint the jail physician to each jail under his charge.]

§ 30. Prisoner committed for contempt.-A prisoner committed to jail upon process for contempt or 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 nonpayment of a sum of money, the amount thereof with interest is the measure of damages.

[Code of Civ. Pro., § 157, with no change.]

§ 31. Commitments by United States courts.—A keeper of a jail shall receive and keep therein every person duly committed thereto charged with or convicted of an offense against the United States, if sentenced to imprisonment for less than one year, by any court or officer of the United States within this state, until he shall be duly discharged, and such person so committed shall be supported therein at the expense of the United States.

[County L., § 96. The words "charged with or convicted of" are inserted for the word "for." The words "if sentenced to imprisonment for less than one year" are new. The same reason exists for prohibiting the imprisonment of United States criminals convicted of felony in county jails as in penitentiaries. It is contrary to the present policy of our penal institutions to authorize imprisonment of convicted criminals of the grade of felons, in county jails.]