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 hereinbefore specified nothing in this section shall effect a commitment for contempt of court. From ch. 813 of 1869. Added by ch. 672 of 1886. Original sec. repealed by ch. 405 of 1883. § 112. Id.; in other counties. In any county, if a prisoner actually confined in jail makes oath before the sheriff, jailor or deputy-jailor, that he is unable to support himself during his imprisonment, his support shall be a county charge. From ch. 251 of 1875, §§ 1, 4. Am'd by ch. 405 of 1883. § 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. From 2 R. S. 426, Part 3, ch. 7, tit. 6, § 8. § 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. From Id., § 2. See § 575. § 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 sessions, than is allowed by a justice of the peace of the same town or city, upon proof that the lodging or other thing was actually furnished, at the request of the prisoner. And such an officer or person shall not, in any case or upon any pretext, demand or receive compensation for strong, spirituous or fermented liquor, or wine, sold or delivered to the prisoner. From Id., 3. § 116. Prisoner may send for necessaries. A prisoner so kept in a house, may send for and have beer, ale, cider, 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. From Id., § 4. § 117. Charges for rent, etc., prohibited. A sheriff, jailor, 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. From Id., § 5 § 118. Prisoner, how conveyed to jail through another county. A sheriff or other officer, who has lawfully 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. From Id., § 6. § 119. Officer or prisoner not liable to arrest. A 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. From Id., § 7. ARTICLE SECOND. Jails; Jail Discipline; and Regulations concerning the Confinement and Care of Prisoners. SEC. 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. From 2 R. S. 428, Part 3, ch. 7, tit. 6, §§ 12, 13; 1 R. S. 380, Part 1, ch. 12, tit. 2, § 75. § 121. Jails in other counties. The buildings, now used as the jails of the other counties of the State, shall continue to be the jails of those counties respectively, until other buildings have been designated or erected for that purpose, according to law; and the sheriff of each county shall have the custody of the jail or jails of his county, and of the prisoners in the same. From Id. § 122. Either of several jails may be used. 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. From Id., § 24. § 123. Civil and criminal prisoners to be kept separate. A prisoner, arrested in a civil cause must not be kept in a room in which any prisoner, detained on a criminal charge or conviction, is confined. From Id., § 8. See County Law, ch. 686 of 1892, §§ 1, 92. § 124. Males and females to be kept separate. Male and female prisoners must not be put in the same room; except that a husband and his wife may be put or kept together, in a room wherein there are no other prisoners. From Id., § 10. See County Law, ch. 686 of 1892, §§ 1, 92. § 125. Penalties. A sheriff, or other officer, who willfully violates any of the foregoing provisions of this title, forfeits to the person aggrieved, treble damages. He is also guilty of a misdemeanor, and shall be punished accordingly. A conviction also operates as a forfeiture of his office. From Id., § 11. See County Law, ch. 686 of 1892, §§ 1, 92. § 126. Jail physician. The board of supervisors of each county, except 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 common council of the city of New York must appoint a similar physician, to the jail of that city and county. The physician to a jail holds his office at the pleasure of the board which appointed him, except in the county of Kings. In that county, the term of his office is three years. From Id., § 28, modified by ch. 418 of 1869. § 127. Removal of sick prisoners. If the physician to a jail, or, in case of a vacancy, a physician acting as such, and the warden or jailor, certify in writing, that a prisoner, confined in the jail in a civil cause, is in such a state of bodily health, that his life will be endangered, unless he is removed to a hospital for treatment, the county judge, or, in the city and county of New York, one of the justices of the supreme court, must, upon application, make an order, directing the removal of the prisoner to a hospital within the county, designated by the judge; or, if there is none, to such nearest hospital as the judge directs; that the prisoner be kept in the custody of the chief officer of the hospital, until he has sufficiently recovered from his illness, to be safely returned to the jail; that the chief officer of the hospital then notify the warden or jailor, and that the latter thereupon resume custody of the prisoner. If the prisoner actually escapes, while going to, remaining at, or returning from the hospital, a new execution may be issued against his person, if he was in custody by virtue of an execution; or, if he was in custody by virtue of an order of arrest, a new order of arrest may be granted, upon proof by affidavit of the facts specified in this section, without other proof, and without an undertaking. From Id., as amended by ch. 299 of 1873, § I. Am'd by ch. 946 of 1895. § 128. Sale of liquor in jails. Strong, spirituous, or fermented liquor, or wine, shall not, on any pretence, be sold within a building used and established as a jail. Spirituous, fermented or other liquor, except cider, and that quality of beer called table-beer, shall not be brought into a jail for the use of a person confined therein, without a written permit by the physician to the jail, which must be delivered to and kept by the keeper thereof, specifying the quantity and kind of liquor which may be furnished, the name of the prisoner for whom, and the time during which the same may be furnished. From § 29 of the R. S. See Liquor Tax Law, ch. 112 of 1896, § 30. § 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. From Id., § 30. § 130. Penalties for violation. an 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 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. From 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. From Id., § 132. See $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. See § 799 § 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. From 2 R. S. 443, Part 3, ch. 7, tit. 6, § 96. § 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. From Id., § 97. |