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ART. 4. 8 149. A person in the custody of a sheriff, by virtue of an order of wh

Who ad arrest; or of an execution in a civil action; or in consequence of a sur- mitted to

liberties. render in exoneration of his bail; is entitled to be admitted to the lib- 40 erties of the jail upon executing a bond to the sheriff, as prescribed in the next section.

S 150. The bond must be executed by the prisoner and one or more Bond to be sufficient sureties, residents and householders or freeholders of the is

executed

by prisoncounty, in a penalty at least twice the sum in which the sheriff was re- er; its conquired 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. 3 151. A bond so taken is held for the indemnity of the sheriff tak- For whom

bond to be ing it, and of the party at whose instance the prisoner executing it is held confined.

8 152. If a sheriff, who has taken such a bond, discovers that a surety Prisoner to therein is insufficient, he may commit the prisoner who executed it to be commit

ted when close confinement in the jail, until another bond, with good and suffi- surety is

insufi cient sureties, is offered.

cient. S 153. One or more of the sureties, in a bond given for the liberties Surrender of a jail, may surrender the principal, at any time before judgment is of Prissue rendered against them in an action on the bond ; but they are not ex- ties. onerated thereby, from a liability incurred before making the surrender.

$ 154. The surrender must he made as follows. The surety or sure- How sarties making it must take the principal to the keeper of the jail, who render 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.

§ 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 a deeme prisoner who would be entitled to the liberties upon executing such a not deemed

an escape. bond, is not an escape. But the going at large, beyond the liberties, by a prisoner, withont 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.

$ 156. Where a person, who has been indicted for a criminal offence, When is held by a sheriff, by virtue of a mandate in a civil action or special court may proceeding, the court, in which the indictment is pending, may make dicted pris. an order, requiring the sheriff to bring him before the court; where-opernobie upon 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. 8 157. A prisoner, committed to jail upon process for contempt, or Prisoner

committed committed for misconduct in a case prescribed by law, must be actually to

for con confined and detained within the jail, until he is discharged by due tempt. 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

TITLE 2.

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. Sheriff's $ 158. Where a prisoner, in a sheriff's custody, goes or is at large beliability for

or yond the liberties of the jail, without the assent of the party at whose escape.

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. . Penalty for $ 159. A sheriff or other officer, who demands or receives a reward, connivance at escape, gratuity, or other valuable thing, to procure, assist, connive at, or perby a sheriff, mit 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 forever thereafter from holding the same.

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ACTION UPON AND ASSIGNMENT OF A BOND FOR JAIL LIBERTIKS...

SECTION 160. Defence in action by sheriff on bond.

161. Judgment against sheriff to be evidenced against sureties, etc.
162. Summary judgment for sheriff,
163. Requisites of application therefor. ,
164. Such judgment when stayed. Same.; when vacated... en
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..

Defence in 8160. In an action brought by a sheriff on a bond for the jail liber action b sheriff on

bx ties, it is a defence, that the prisoner voluntarily returned to the liberbond. ties of the jail from which he escaped, or was recaptured by, or sur-.

rendered 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. Judgment & 161. But if judgment has been rendered against the sheriff, in an

action brought for the escape, and due notice of the pendency of the be evi

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.

against sheriff to

denco against Bureties, etc.

Summary

for.

ment when

against sherifl is

damages.

ment of

ART. 5. $ 162. In an action brought by a sheriff on a bond for the jail liber- su ties, if it appears to the court, upon a motion made in behalf of the judgment sheriff, that judgment has been rendered against him, for the escape

for sheriff. 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 judgment must be entered accordingly, with costs. § 163. Bint to entitle'a sheriff to move for such a judgment, he must Requisites

of applicahave served a copy of his complaint, and given twenty days' notice of tion there. the motion.

8 104. If it appears, on the hearing of the motion, that the defend- Such judg. ants have a meritorious defence, which was not controverted in the Hayed action against the sheriff, and which by law could not have been so Id.; when

vacated. 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. In an action brought by a sheriff on a bond for the jail liber- Judgment ties, 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 evidence of may recover his reasonable attorney's and counsel fees, and other" expenses in defending the action against him, as part of his damages.

§ 166. If a bond for the jail liberties is forfeited, the party at whose Assigninstance the prisoner was confined, or, in case of his death, his execu- bond. tor 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. - $ 167. The person to whom such an assignment has been made, may Action on

bond by · 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 ; damages - and he may recover the same damages for the breach of the condition, ble. + which he might have recovered in an action against the sheriff, for the escape.

$ 168. The acceptance of an assignment of such a bond, is a bar to Such asan action, by or in behalf of the assignee, against the sheriff or other 5 • officer making the same, for an escape by the prisoner executing the against

sheriff. bond, amounting to a breath of the condition thereof, unless the escape" was with the assent of the sheriff or other officer.

! 8 169. In an action brought by the assignee of the bond, the defend- Defence in lånt may make any defence, which he might make, if the action was as · brought in the name and for the benefit of the sheriff.

S 170. If the person entitled to an assignment of a bond for the jail Stay of liberties, in lieu of taking the same, brings an action against the sheriff pa · for the escape, the court may, except where the escape was made with assignment

the sheriff's assent, stay proceedings upon a judgment recovered against taken. 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

à judgment recovered thereon. • 171. In an action against a sheriff or other officer, for the escape Defence of • of a prisoner, it is a defence, that the escape was without the assent shers

action for . of the defendant, and that at the commencement of the action, he had escape. - the prisoner within the liberties, either by his voluntary return, or by

iecapture.

assignee;

recovera

signment bars action

action by assignee.

roceed. ings where

is not

TITLES

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 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.

the coroners may act.

coroner.

Daties of g 172. In an action or special proceeding, to which the sheriff of a when county is a party, a coroner of the same county has all the power, and sheriff is a 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. Any one of $ 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. Arrest of $ 174. Where a mandate, requiring the arrest of the sheriff of the sheriff by

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. Sheriff; g 175. Where the actual confinement of a sheriff by a coroner, on a how con.

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.

8 176. That house thereupon becomes the jail of the county, for the ment to be use of the coroner; and each provision of law relating to the jail, or to an deemed escape from the jail, applies thereto, while the sheriff is confined therein. Sheriff to S 177. A sheriff so arrested must be admitted to the liberties of the be admit: jail of the county, in a like case, and upon executing a like bond to liberties; 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 sheriff's the same manner, and to the same extent, as a sheriff for a similar

escape; and he may make the same defence as a sheriff.

g 178. The coroner may prosecute a bond for the liberties taken by cute, etc., him, and is entitled to all the rights, and subject to all the liabilities,

prescribed by law, with respect to a similar bond taken by a 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.

fined.

Place of confine

liability of coroner for

escape.

Coroner

bond for liberties.

where

TITLE A. $ 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 confined coroner in the jail of the county, in a case where such a confinement is required sheria is or authorized by law; but the coroner is not liable for an escape of the plaintif 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. A person so arrested by a coroner, is entitled to be discharged, Such prisor to the liberties of the jail, as the case requires, upon giving a bond led to jail or an undertaking to the coroner, in the like manner, and in a like liberties, 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.

§ 181. A coroner is answerable for an escape of a prisoner, admitted Escape of by him to the liberties of the jail, in the same manner and to the same oner. Prise extent, as a sheriff, and may interpose a like defence.

nog non

in

andoner enti.

etc.

TITLE IV.

Powers, duties and liabilities of an incoming and outgoing sheriff, respecto

idely, touching the matters included in this chapter.

SECTION 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. Furmer 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.

to be fur. O Clon 01 Olovunuynished to

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former sheriff':

cease.

8 182. Where a new sheriff has been elected or appointed, and has Certificace 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 now sherin. seal, stating that the person so appointed or elected, has so qualified and given security.

8 183. Upon the commencement of the new sheriff's term of office, Powers of and the service of the certificate on the former sheriff, the latter's powers as sheriff cease, except as otherwise expressly prescribed by law. when to 8 184. Within ten days after the service of the certificate, upon the

Jails, former sheriff, he must deliver to his successor :

process, 1. The jail, or if there are two or more, the jails of the county, with

delivered 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 pris, oner, 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.

etc., to be

to new sheriff.

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