only a part of the property claimed, to be in the claim. ant; each party must pay his own witnesses' fees, and the sheriff's and jurors' fees must be paid, one-half by each party to the inquisition. Before notifying the jurors, the sheriff may, in his discretion, require each of the parties to the controversy to deposit with him such reasonable sum, as may be necessary to cover his legal fees, and the jurors' fees. The sheriff must return to each party, the balance of the sum so deposited by him, after deducting the fees, lawfully chargeable to that party, as prescribed in this section. See 2 R. S. 4, 212; 88 657-8, 1418-9. TITLE II. Provisions relating to the execution, by a sheriff, of mandate against the person. ARTICLE 1. Arresting, conveying to jail, and committing a prisoner. 2. Jalls; Jail discipline; and regulations concerning the confinement and care of prisoners. 3. Temporary jails, and temporary removal of prisoners from Jail. 4. Jail liberties; escapes, 5. Action upon and assignment of a bond for jail liberties. ARTICLE FIRST. ARRESTING, CONVEYING TO JAIL, AND COMMITTING A PRISONER. SEC. 110. Prisoner, how kept. 111. Support of prisoner in Kings county. 113. Charges for food, etc., when prohibited. 115. Rates of charges for lodging, etc. 116. Prisoner may send for necessaries. 117. Charges for rent, etc., prohibited. 118. Prisoner, how conveyed to jail through another county. § 110. Prisoner, how kept.-A person arrested, by virtue of an order of arrest, in an action or special proceeding brought in a court of record; or of an execution issued upon a judgment rendered in a court of record; or surrendered in exoneration of his bail; must be safely kept in custody, in the manner prescribed by law, and, except as otherwise prescribed in the next two sections, at his own expense, until he satisfies the judgment rendered against him, or is discharged according to law. 2 R. S. 376, 22 76 and 77 (3 R. S., 5th ed., 659; 2 Edm. 391), consolidated and extended. § 111. [Amended, 1886.] Imprisonment on execu tion. No person shall be imprisoned within the prison walls of any jail for a longer period than three months under an execution or any other mandate against the person to enforce the recovery of a sum of money less than five hundred dollars in amount or under a commitment upon a fine for contempt of court in the non-payment of alimony or counsel fees in a divorce case where the amount so to be paid is less than the sum of five hundred dollars; and where the amount in either of said cases is five hundred dollars or over, such imprisonment shall not continue for a longer period than six months. It shall be the duty of the sheriff in whose custody any such person is held to discharge such person at the expiration of said respective periods without any formal application being made therefor. No person shall be imprisoned within the jail liberties of any jail for a longer period than six months upon any execution or other mandate against the person, and no action shall be commenced against the sheriff upon a bond given for the jail liberties by such person to secure the benefit of such liberties, as provided in articles fourth and fifth of this title for an escape made after the expiration of six months' imprisonment as aforesaid. Notwithstanding such a discharge in either of the above cases, the judgment creditor in the execution, or the person at whose instance the said mandate was issued, has the same remedy against the property of the person imprisoned which he had before such execution or mandate was issued; but the prisoner shall not be again imprisoned upon a like process issued in the same action or arrested in any action upon any judgment under which the same may have been granted. Except in a case herein before specified nothing in this section shall effect a commitment for contempt of court. § 112. [Amended, 1883.] Support of prisoners in other counties. In any county, if a prisoner, actually confined in jail, makes oath before the sheriff, jailer, or deputy-jailer, that he is unable to support himself during his imprisonment, his support is a county charge. L. 1875, ch. 251, 22 1 and 4.as atvy § 113. Charges for food, etc., when prohibited. A sheriff or other officer shall not charge a person, whom he has arrested, with any sum of money, or demand, or receive from him money, or any valuable thing, for any drink, victuals or other thing, furnished or provided for the officer, or for the prisoner, at any tavern, ale-house, or public victualing or drinking house. 2 R. S. 426, 1 (3 R. S., 5th ed., 724; 2 Edm. 444). 114. Also for waiting for prisoner.- A sheriff or other officer shall not demand or receive from a person, arrested by him, while in his custody, a gratuity or reward, upon any pretence, for keeping the prisoner out of jail; for going with him or waiting for him to find bail, or to agree with his adversary; or for any other purpose. § 115. Rates of charges for lodging, etc. If a person arrested is kept in a house, other than the jail of the County, the officer arresting him, or the person in whose custody he is, shall not demand or receive from him any greater sum, for lodging, drink, victuals, or any other thing, than has been theretofore prescribed by the court of sessions of the County; or, if no rate has been prescribed by the court of sions, than is allowed by a justice of the peace of the same In or city, upon proof that the lodging or other thing was tually furnished, at the request of the prisoner. And such officer or person shall not, in any case or upon any pretext, nand or receive compensation for strong, spirituous, or mented liquor, or wine, sold or delivered to the prisoner. 23. at mode odd to hub sda so de 16. Prisoner may send for necessaries. A priskept in a house, may send for and have beer, ale, cider ol 101 has to esineda ti tea, coffee, milk, and necessary food, and such bedding, linen, and other necessary things, as he thinks fit, from whom he pleases, without detention of the same or any part thereof by. or paying for the same, or any part thereof to, the officer arresting him, or the person in whose custody he is. Id., 24. $117. Charges for rent, etc., prohibited. A sheriff, jailer, or other officer, shall not demand or receive money, or any valuable thing, for chamber rent in a jail; or any fee, compensation, or reward, for the commitment, detaining in custody, release, or discharge of a prisoner, other than the fees expressly allowed therefor by law. 2 R. S. 426, 25. $118. Prisoner, how conveyed to jail through another county.- A sheriff or other officer, who has law. fully arrested a prisoner, may convey his prisoner through one or more other counties, in the ordinary route of travel, from the place where the prisoner was arrested, to the place where he is to be delivered or confined. Id., 6. See 9 Wend. 206. A § 119. Officer or prisoner not liable to arrest. prisoner so conveyed, or the officer having him in custody, is not liable to arrest in any civil action or special proceeding, while passing through another county. Id., 27, am'd. ARTICLE SECOND. JAILS; JAIL DISCIPLINE; AND REGULATIONS CONCERN ING THE CONFINEMENT AND CARE OF PRISONERS, Sao. 120. Jail in New-York city. 121. Jails in other counties. 122. Either of several Jails may be used. 123. Civil and criminal prisoners to be kept separate. 124. Males and females to be kept separate. 125. Penalties. 126. Jail physician. 127. Removal of sick prisoners. 128. Sale of liquor in jails. 129. Permit, when granted. 130. Penalties for violation. 131. Service of papers on prisoner. 132. Sheriff to permit access for that purpose. § 120. Jail in New-York city. The building, now used as a jail in the city of New-York, for the confinement of prisoners in civil causes, shall continue to be the jail of the city and county of New-York, for the confinement of such persons; and the sheriff of the city and county of New-York shall have the custody thereof and of the prisoners in the same. 2 R. S. 428, 12 (3 E. S., 5th ed. 725; 2 Edm. 446), also first clause of IR. 8. 380, 175. $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 provigions 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, 2799. § 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 per onally served. New. 133. Prisoners under United States process.- A riff must receive into his jail and keep a prisoner, mmitted to the same, by virtue of civil process issued a court of record, instituted under the authority of United States, until he is discharged by the due |