ARTICLE THIRD.

Temporary jails, and temporary removal of prisoners from juil.

Sec. 135. When jail becomes unfit, etc., another to be designated,

136. Designation, how annulled.

137. Copy of designation to be served on the sheriff, ete.

138. 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. [Am'd, 1895.] 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 presiding justice of the appellate division of the supreme court of the first department 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 the purposes expressed in the instrument designating the same.

L. 1895, ch. 946; 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, notwith

standing, 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. 2 R. S. 428, 430, § 18.

§ 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 confined in or removed to the jail of a contiguous county, designated as prescribed in this article, becomes entitled 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.

Id., § 20.

§ 141. When designation to be revoked, etc.

When a jail is erected for the county, for whose use the designation 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 a.

§ 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 in section 135 of this act.

Id., 25, am'd.

§ 144. [Am'd, 1895.] What officer to act in case of absence, etc.

If the county judge, or the presiding justice of the appellate division of the supreme court of the first department, is absent or unable to act, or 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 justice of the appellate division.

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 insufficient.

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. [Am'd, 1895.] 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.

For the county of Rensselaer, the whole of the city of Troy. For the county of Niagara, the whole of the city of Lockport. L. 1895, ch. 42.

$146. Jail liberties in other counties.

The liberties of the jail, in each of the other counties of the State, as heretofore established, shall continue to be the liberties thereof, until they are altered, or new liberties are established, as prescribed by law.

2 R. S. 432, § 33 (3 R. S., 5th ed., 731; 2 Edm. 451).

§ 147. Jail liberties, how laid out.

Where the liberties of a jail are altered or established, by resoution of the board of supervisors, as prescribed by law, a space of ground, adjacent to the jail, and not exceeding five hundred acres in quantity, must be laid out as the jail liberties, in a square or rectangle as nearly as may be; but a stream of water, anal, street, or highway, may be adopted as an exterior line, otwithstanding it is not in a straight line, or is not at right angles with the other exterior line of the liberties. A resolution stablishing or altering jail liberties, must contain a particular decription of their boundaries; and as soon as may be after its doption, the boundaries must be designated by monuments, inlosures, posts, or other visible and permanent marks, at the exense of the county.

Id., 34; L. 1875, ch. 482, § 1.

§ 148. Copy to be kept posted in jail.

The county clerk must, within one week after a resolution of the board of supervisors, establishing or altering jail liberties, has been filed in his office, deliver an exemplified copy thereof to the keeper of the jail; who must keep the same exposed to public view, in an open and public part of the jail, and exhibit it to each person admitted to the liberties of the jail, at the time of his executing a bond for that purpose.

2 R. S. 432, §§ 38 and 39.

§ 149. [Am'd, 1886.] Who admitted to liberties.

A person in the custody of a sheriff, by virtue of an order of arrest; or of an execution in a civil action; or in consequence of a surrender in exoneration of his bail; is entitled to be admitted to the liberties of the jail, upon delivering to the sheriff an undertaking as prescribed in the next section.

Id., § 40; L. 1886, ch. 648. See ante, § 15.

§ 150. [Am'd, 1886.] Undertaking to be executed by prisoner; its contents.

The undertaking must be executed by the prisoner, and one or more sufficient sureties, residents, and householders or freeholders of the county, in a penalty at least twice the sum, in which the sheriff was required 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. The provisions regulating the justification of bail, contained in article third of title first of chapter seventh of this act, govern, except as otherwise expressly prescribed in this article with respect to the notice of justification of the sureties; the officers before whom they must justify; the substitution of new sureties or a new undertaking; the examination and qualifications of the new sureties and the allowance of the undertaking. But after the allowance the undertaking must be delivered to the party at whose instance the prisoner is in custody.

Id., §§ 41 and 42; L. 1886, ch. 648. As to deposit, see § 573.

§ 151. [Am'd, 1886.] From whom undertaking to be held. An undertaking so taken is held for the indemnity of the sheriff taking it, and of the party at whose instance the prisoner executing it is confined.

2 R. S. 434, § 43.

§ 152. [Am'd, 1886.] Prisoner to be committed when surety is insufficient.

If the party at whose instance the prisoner is in custody discovers that a surety therein is insuflicient, he may, upon proof of the fact, by affidavit or otherwise, apply to the court or to a judge thereof, on whose process or mandate such prisoner is in custody, or to the county judge of the county where such prisoner is confined, and the court, or a judge thereof, or such county judge, may make an order committing such prisoner to close confinement in the jail until another undertaking with good and sufficient sureties is offered.

Id., 44; L. 1886, ch. 648.