ment to the former sheriff." It will be noticed that the statement to be required by the revision is to be made in duplicate, one of which is to be indorsed by the new sheriff and returned to the former sheriff. This is a simpler and more convenient procedure.]

§ 49. Orders of arrest to be delivered to and returned by new sheriff. Where a person, arrested by virtue of an order of arrest, is confined, either in jail or within the liberties thereof, at the time of assigning and delivering the jail to the new sheriff, the order, if it is not then returnable, must be delivered to the new sheriff and be returned by him at the return day thereof, with the proceedings of the former sheriff and of the new sheriff thereon.

[Code Civ. Pro., § 187, without change.]

§ 50. Delivery, how enforced.-If the former sheriff, or other officer executing the office of sheriff, neglects or refuses to deliver to the new sheriff, the jail or any of the property, documents or prisoners in his charge, such new sheriff shall, notwithstanding, take possession of the jail, and of the property of the county therein, and the custody of the prisoners therein confined, and proceed as prescribed by law to compel the delivery of the documents withheld.

[Code Civ. Pro., § 188. The words "or other officers executing the office of sheriff" are new, and are inserted to reach the case of a coroner who is acting as sheriff.]

ARTICLE III.

CONFINEMENT OF CIVIL PRISONERS; JAIL LIBERTIES.

Section 60. Definition of civil prisoner.

61. Confinement and support of civil prisoners.

62. Board and supplies furnished to civil prisoners confined outside of a jail.

63. Term of imprisonment of civil prisoners.

64. Confinement of civil prisoners in New York city.

65. Prisoners under United States process.

66. Indictment of civil prisoners.

67. Existing jail liberties.

68. Alteration and establishment of jail liberties.

69. Resolution establishing or altering jail liberties to

be filed and posted.

70. Effect of designation of another place or jail upon

jail liberties.

71. Who entitled to jail liberties; undertaking.

72. Justification of sureties.

73. Civil prisoner to be committed when surety is in

sufficient.

74. Surrender of civil prisoner by his sureties.

75. What constitutes an escape.

76. Liability for escape.

77. Action against either the sheriff or the sureties for

an escape.

78. Stay of proceedings upon judgment when action is

brought against sheriff.

79. Voluntary return or recapture a defense.

80. Effect of judgment in an action against the sheriff.

Section 81. Judgment for sheriff in action against sureties.

82. Stay of judgment for sheriff against sureties.

83. Judgment against sheriff is evidence of damages.

84. Duties of coroner, when sheriff is a party to an action or special proceeding.

85. Arrest of sheriff by coroner.

86. Confinement of sheriff by coroner; jail liberties.

87. Duties of coroner when sheriff is plaintiff.

88. Civil prisoner in custody of coroner entitled to jail

liberties, etc.; escape.

[General note.-The sections of the code of civil procedure, (§§ 110-119, 145-189) relating to the confinement, treatment and maintenance of civil prisoners in jails; the establishment of jail liberties and the right thereto of such prisoners, and the liability for the escape of a civil prisoner are included in this article, without material change. An attempt has been made to harmonize and simplify the present law. Many superfluous and useless provisions have been omitted. The object and result of the present law are retained.]

Section 60. Definition of civil prisoner.-The term "civil prisoner," as used in this article, includes a person arrested and confined by virtue of an execution issued upon a judgment rendered in a civil court, or of an order of arrest in an action or special proceeding in such court, or surrendered in exoneration of his bail in such an action or proceeding.

[We have defined the term "civil prisoner" for convenience of use in this article. Section 110 of the code of civil procedure prescribes the persons who shall be confined by virtue of a civil mandate. By the proposed section the term "civil prisoner" is made to include all of these.]

§ 61. Confinement and support of civil prisoners.-A civil prisoner shall be safely kept in custody in the manner herein prescribed, until he satisfies the judgment rendered against him or is discharged according to law. He shall be supported at his own expense, unless he makes oath before the sheriff that he is unable to support himself during his imprisonment, in which case he shall be supported in the jail or house of detention it there be one in the county at the expense of the county.

[Code Civ. Pro., §§ 110, 112. Section 110 is included in this section without change except that the word "civil prisoner " is used, instead of all that it implies as provided in the foregoing section. Section 112 is revised but no change is made in effect. It is proposed, as now, that if the prisoner swears that he is unable to support himself, "his support shall be a county charge." It is proposed by the revision that if a civil prisoner is supported at a county expense that "he shall be supported in the jail." This provision is new.]

§ 62. Board and supplies furnished to civil prisoner confined outside of a jail.—The officer arresting or the person having the custody of a civil prisoner and keeping him at a place other than the county jail shall not demand or receive a greater sum for lodging, drink, food or any other thing, than the rate prescribed by the county court, or, if no rate has been prescribed, than the sum allowed by a justice of the peace of the town or city where the prisoner is kept, upon proof that such lodging, drink, food or other thing was actually furnished to the prisoner at his request. Such officer or person shall not demand or receive any compensation for strong, spirituous or fermented liquor or wine, sold or delivered to the prisoner.

A civil prisoner kept at a place other than the county jail may purchase or procure such food, drink, bedding, linen and other necessary things as he may desire, from whomsoever be pleases. Such person or officer shall not detain any part of such articles, or demand or receive any pay therefor.

[Code of Civ. Pro., §§ 115, 116.

Section 115 provides that "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," etc. It will be noticed that the proposed section is made to apply to a civil prisoner kept at "a place other than the county jail." It is evident from the context, that the section of the code revised was intended to apply only to civil prisoners.

Section 116 is contained in the last paragraph of the proposed section, with no change except that the present law specifies more in detail the articles which a civil prisoner may procure.]

§ 63. Term of imprisonment of civil prisoners.-No person shall be imprisoned within the prison walls of a 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. All such prisoners in the custody of the sheriff shall be discharged at the expiration of such