$103. Liability for neglect in special proceedings. [AMENDED BY CH. 416 OF 1877.] A sheriff, or other officer, to whom is delivered, for service or execution, a mandate, authorized by law to be issued, by a judge or other cfficer, in a special proceeding, who willfully neglects to execute the same, may be fined by the judge, in a sum not exceeding twenty-five dollars, and is liable to the party aggrieved for his damages sustained thereby. § 104. Sheriff may summon the power of the county to overcome resistance. If a sheriff, to whom a mandate is directed and delivered, finds, or has reason to apprehend, that resistance will be made to the execution thereof, he may command all the male persons in his county, or as many as he thinks proper, and with such arms as he directs, including any military organization armed and equipped, to assist him in overcoming the resistance, and, if necessary, in arresting and confining the resisters, their aiders and abettors, to be dealt with according to law. § 105. Names of resisters to be certified. The sheriff must certify to the court, from which or by whose authority the mandate was issued, the names of the resisters, their aiders and abettors, as far as he can ascertain the same, to the end that they may be punished for their contempt of the court. § 106. Punishment for refusing to assist. A person, commanded by a sheriff to assist him, as prescribed in the last section but one, who, without lawful cause, refuses, or neglects to obey the command, is guilty of a misde meanor. § 107. Governor may order out military. If it appears to the Governor, that the power of a county will not be sufficient, to enable the sheriff thereof to serve or execute the process or other mandates, delivered to him, he must, on the application of the sheriff, order such a military force, from another county or counties, as is necessary. 108. Trial of claim of title by third person, to property seized by sheriff [AMENDED BY CH. 542 OF 1879.] Where it is specially prescribed by law, that a sheriff must, or may, in his discretion, empanel a jury to try the validity of a claim or title to, or of the right of possession of goods or effects, seized by him by virtue of a mandate in an action, interposed by a person not a party to the action, the trial must be conducted in the following manner, except as otherwise specially prescribed by law: 1. The sheriff must, from time to time, notify as many persons to attend, as it is necessary, in order to form a jury of twelve persons, qualified to serve as trial jurors in the county court of the county, or in the city and county of New York in the supreme court to try the validity of the claim. 2. Upon the trial, witnesses may be examined in behalf of the claimant and of the party at whose instance the property claimed was taken by the sheriff. For the purpose of compelling a witness to attend and testify, the sheriff, upon the application of either party to the inquisition must issue a subpoena as prescribed in section eight hundred and fifty-four of this act, and with like effect, except that a warrant to apprehend or to commit a witness in a case specified in section eight hundred and fifty-five or section eight hundred and fifty-six of this act may be issued by a judge of the court in which the action is brought, or by the county judge. 3. The sheriff or under-sheriff must preside upon the trial. A witness, produced by either party, must be sworn by the presiding officer and examined orally in the presence of the jury. A witness who testifies falsely upon such an examination is guilty of prejury in a like case and is punishabie in like manner as upon the trial of a civil action. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.] § 109. Expenses, how paid. Upon such a trial there are no costs; but the fees of the sheriff, jurors and witnesses must be taxed by a judge of the court or the county judge of the county, and must be paid as follows: 1. If the jury, by their verdict, find the title, or the right of possession to the property claimed, to be in the claimant; by the party at whose instance the property was taken by the sheriff. 2. If they find adversely to the claimant, with respect to all the property claimed; by the claimant. 3. If they find the title or the right of possession to only a part of the property claimed, to be in the claimant; 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. [AM'D BY CH. 946 OF 1895. In effect Jan. 1, 1896.] TITLE II. Provisions relating to the execution, by a sheriff, of a mandate against the person. ARTICLE 1. Arresting, conveying to jail, and committing a prisoner. 2. Jails; 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 an assignment of a bond for jail liberties. ARTICLE FIRST. ARRESTING, CONVEYING TO JAIL, AND COMMITTING A PRISONER. SECTION 110. Prisoner, how kept. 111. Support of prisoner in Kings county. 112. Id.; in other counties. 113. Charges for food, etc., when prohibited. 114. Also for waiting for prisoner. 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 22 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. $111. [ORIGINAL SECTION REPEALED CH. 405 of 1883.] Imprisonment on execution. 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 hereinbefore specified nothing in this section shall effect a commitment for contempt of court. [ADDED CH. 672, AR. of 1886. SEE §7 SAME ACT, post.] $7. OF CH. 672, 1886. This act shall take effect immediately, and shall apply to all imprisoned debtors who are in actual confinement or within the jail liberties under any mandate against the person heretofore issued. It shall be the duty of the sheriff of each county within the State to discharge, within five days from the passage of this act, all persons in their custody, who are entitled to such discharge by the provisions of section one hundred and eleven of the Code of Civil Procedure as herein amended. [SUB. 7 OF CH. 672 OF 1886. PASSED JUNE 15, 1886. AMENDING SECTIONS 111, 549, 550, 551, 558, 572 of the Code of Civil Procedure.] $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. [AM'D 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 drinkinghouse. § 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 . 2, 2, 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. § 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. § 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. § 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. § 19. 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. ARTICLE SECOND. JAILS; JAIL DISCIPLINE; AND REGULATIONS CONCERNING THE CONFINEMENT AND CARE OF SECTION 120. Jail in New York city. 121. Jails in other counties. PRISONERS. 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. 134. Sheriff answerable for their custody. § 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. § 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. § 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. $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. $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. $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. $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 c''y 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. § 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. § 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. $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. $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, assistantkeeper, 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 |