signment bars § 168. The acceptance of an assignment of such a bond, is a bar Such asto an action, by or in behalf of the assignee, against the sheriff or baton other officer making the same, for an escape by the prisoner execut- against ing the bond, amounting to a breach of the condition thereof, unless the escape was with the assent of the sheriff or other officer. 2 R. S. 455, § 57, amended. See Toll v. Alcord, 64 Barb. 568. sheriff. in action § 169. In an action brought by the assignee of the bond, the Defence defendant may make any defence which he might make, if the by asaction was brought in the name and for the benefit of the sheriff. 2 R. S. 455, § 58. signee. proceed Ings where ment is assign not taken. § 170. If the person entitled to an assignment of a bond for the Stay of jail liberties, in lieu of taking the same, 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 a reasonable time to prosecute the bond, and collect a judgment recovered thereon. 2 R. S. 455, §§ 59 and 60, consolidated. of sheriff § 171. In an action against a sheriff or other officer, for the escape Defence of a prisoner, it is a defence, that the escape was without the assent in action of the defendant, and that at the commencement of the action, he for escape. had the prisoner within the liberties, either by his voluntary return, or by recapture. 2 R. S. 456, § 64, condensed. TITLE III. Application of the foregoing provisions to the proceedings of a coroner. SEC. 172. Duties of coroner when sheriff is a party. 178. Any one of the coroners may act. 174. Arrest of sheriff 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 sheriff'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. 181. Escape of such prisoner. Duties of coroner when sheriff is a party. Any one of the coroners may act. Arrest of sheriff by coroner. Sheriff; how con § 172. 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. 2 R. S. 460, part of § 84. § 173. 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. 2 R. S. 460, part of § 84, and § 85. § 174. 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 a bond for the jail liberties, to himself, in his name of office, in a like case, and in like manner, and with like effect, as where such a bond or undertaking may be taken by a sheriff. 2 R. S. 461, 86. § 175. Where the actual confinement of a sheriff by a coroner, fined. 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. Place of confinement to be deemed a jail. Sheriff to be admit 2 R. S. 461, § 87. § 176. 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. 2 R. S. 461, §§ 88 and 89, consolidated. § 177. A sheriff so arrested must be admitted to the liberties of ted to jail the jail of the county, in a like case, and upon executing a like bond liability for sher to the coroner, as prescribed by law for a prisoner in the sheriff's liberties; custody. For an escape of the sheriff from the liberties, the coro- of coroner ner is liable, in the same manner, and to the same extent, as a sheriff if's esfor a similar escape; and he may make the same defence as a sheriff. 2 R. S. 461, § 90. cape. may pros bond for § 178. The coroner may prosecute a bond for the liberties taken Coroner by him, and is entitled to all the rights, and subject to all the liabil- ecute, etc., ities, prescribed by law, with respect to a similar bond taken by a liberties. sheriff. The bond 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 a bond taken and assigned by a sheriff, in a similar case. 2 R. S. 461, § 91. coroner sheriff is § 179. A person arrested by a coroner, in an action or special pro- Duties of ceeding, in which the sheriff of the county is plaintiff, must be con- where fined in the jail of the county, in a case where such a confinement plaintif. 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. 2 R. S. 462, § 92, and a part of § 93. prisoner Jail liber § 180. A person so arrested by a coroner, is entitled to be dis- such charged, or to the liberties of the jail, as the case requires, upon giv- entitled to ing a bond or an undertaking to the coroner, in the like manner, and ties, etc. in a like case, in which a person arrested by a sheriff would be entitled to be so discharged, or to the liberties. The bond or 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. 2 R. S. 462, remaining part of § 93, and § 94. of such § 181. A coroner is answerable for an escape of a prisoner, admit- Escape ted by him to the liberties of the jail, in the same manner and to prisoner. the same extent, as a sheriff, and may interpose a like defence. 2 R. S. 462, § 95. Certificate to be fur new sheriff. TITLE IV. Powers, duties, and liabilities of an incoming and outgoing sheriff, respectively, touching the matters included in this chapter. SEC. 182. Certificate to be furnished to new sheriff. 183. Powers of former sheriff; when to cease. 184. Jails, process, etc., to be delivered to new sheriff. 185. Former sheriff to execute instrument. 186. Former sheriff to execute certain process. 187. Certain orders to be delivered to and returned by new sheriff. 188. Delivery of prisoners, process, etc., how enforced. 189. Under-sheriff, etc., when to comply with foregoing provisions. § 182. Where a new sheriff has been elected or appointed, and nished to has qualified and given the security required by law, the clerk of the county must furnish to the new sheriff a certificate, under his hand and official seal, stating that the person so appointed or elected, has so qualified and given security. Powers of former sheriff; when to cease. Jails, pro cess, etc., to be delivered to new sheriff. 2 R. S. 457, § 67. § 183. Upon the commencement of the new sheriff's term of office, and the service of the certificate on the former sheriff, the latter's powers as sheriff cease, except as otherwise expressly prescribed by law. 2 R. S. 457, § 68. § 184. Within ten days after the service of the certificate, upon the former sheriff he must deliver to his successor : 1. The jail, or if there are two or more, the jails of the county, with all their appurtenances, and the property of the county therein. 2. All the prisoners then confined in the jail or jails. 3. All process, orders, commitments, and all other papers and documents, authorizing, or relating to the confinement or custody of a prisoner, or, if such a process, order, or commitment has been returned, a statement in writing of the contents thereof, and when and where it was returned. 4. All mandates, then in his hands, except such as he has fully executed, or has begun to execute, by the collection of money thereon, or by a seizure of or levy on money or other property, in pursuance thereof. The sheriff to instru § 185. At the time of the delivery, the former sheriff must exe- Former cute an instrument, reciting the property, documents, and prisoners execute delivered, specifying particularly the process or other authority, by ment. which each prisoner was committed and is detained, and whether the same has been returned or is delivered to the new sheriff. instrument must be delivered to the new sheriff, who must acknowl edge, in writing, upon a duplicate thereof, the receipt of the property, documents and prisoners, therein specified; and deliver such duplicate and acknowledgment to the former sheriff. 2 R. S. 457, § 70. sheriff to certain § 186. Notwithstanding the election or appointment of a new Former sheriff, the former sheriff must return, in his own name, each man- execute date which he has fully executed; and must proceed with and com- process. plete the execution of each mandate which he has begun to execute, in the manner specified in subdivision fourth of the last section but one. 2 R. S. 458, § 71, modified. livered to § 187. Where a person, arrested by virtue of an order of arrest, certain is confined, either in jail, or to the liberties thereof, at the time of orders to assigning and delivering the jail to the new sheriff, the order, if it and reis not then returnable, must be delivered to the new sheriff, and be new returned by him at the return day thereof, with the proceedings of the former sheriff and of the new sheriff thereon. 2 R. S. 458, § 72, modified. turned by sheriff. of prison cess, etc., forced. $188. If the former sheriff neglects or refuses to deliver to his Delivery successor, the jail, or any of the property, documents or prisoners in ers, prohis charge, as prescribed in this title, his successor must, notwith- how enstanding, take possession of the jail, and of the property of the county therein, and the custody of the prisoners therein confined, and proceed to compel the delivery of the documents withheld, as prescribed by law. 2 R. S. 458, § 73. sheriff, when to § 189. If, at the time when a new sheriff qualifies, and gives the Undersecurity required by law, the office of the former sheriff is executed etc., by his under-sheriff, or by a coroner of the county, or a person comply specially authorized for that purpose, he must comply with the pro- foregoing visions of this title, and perform the duties thereby required of the former sheriff. with provisions. 2 R. S. 458, § 74. |