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.

2 R. S. 428, 30.

$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, assistant-keeper, 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.

Id., 31.

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.

Id., 32, am'd. Davis v. Duffie, 1 Abb. App. Dec. 486; affirming & Bosw. 617. See post, 799.

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.

New.

$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.

2 B. S. 443, 196 (3 R. 8., 5th ed., 743; 2 Edm. 462).

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.

Id., 97.

ARTICLE THIRD.

TEMPORARY JAILS, AND TEMPORARY REMOVAL OF PRISONERS FROM JAIL.

SEC. 135. When Jail becomes unfit, etc., another to be designated. 136. Designation, how annulled.

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

14. 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. [Amended, 1877.] 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 chief-judge of the court of common pleas, 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 for the pur

poses expressed in the instrument designating the

same.

2 R. S. 428, 430, ?? 14, 26 and 27 (3 R. S., 5th ed., 726; 2 Edm. 447, 449), consolidated, with amendments.

§ 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.

Id., 15, am'd.

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.

Id., 16 and 17, consolidated, and am'd.

$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.

Id., § 13.

§ 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.

Id., 19, am'd.

$140. Id.; to prisoners removed. If a person con fined in or removed to the jail of a contiguous county, designated as prescribed in this article, becomes enti tled 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.

2 R. S. 428, 430, 120.

141. When designation to be revoked, etc.-When a jail is erected for the county, for whose use the desig. nation 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.

Id., § 21.

$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.

Id., 29, am'd.

§ 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 n section 135 of this act.

Id., 25, am'd.

§ 144. What officer to act in case of absence, etc. — If the county judge, or the chief-judge of the court of common pleas for the city and county of New-York, 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 NewYork, by any judge of the court of common pleas.

New.

ARTICLE FOURTH.

JAIL LIBERTIES; ESCAPES.

SEC. 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 insuficient.

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.