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appear at the time and place specified for the return of the summons:

2. When the arrest or imprisonment is upon an order of arrest in any other civil action, or upon a surrender in exoneration of the sheriff or of bail, and the defendant is not found upon an execution against his person, issued to the proper county on a judgment in such action:

3. When the arrest is on an execution or commitment to enforce the payment of money, and the party arrested is not recaptured or surrendered into custody, at the expiration of the time limited for the service thereof, or legally discharged therefrom:

4. When a person is imprisoned on an execution or commitment to enforce the payment of money, and he escapes after the time limited for the service and is not recaptured or surrendered before an action brought for the escape.

§ 457. The measure of damages, in an action for an escape, as provided in the last section is as follows:

1. For the escape mentioned in subdivision 1 of the last section:

2. In any other case, the amount expressed in the execution or commitment:

3. The actual damages sustained

§ 458. An action for the escape of a prisoner confined in a jail for either of the causes mentioned in section

450, or admitted to the jail liberties, may be brought, by the adverse party against either the sheriff or the sureties for the jail liberties; but the election to sue the sureties discharges the sheriff.

§ 459. The action cannot however be maintained, if, after his escape and before the commencement of the action, the prisoner return to the jail or the liberties thereof, or be retaken by the sheriff.

§ 460. If the action be brought against the sheriff, and he give written notice thereof to the prisoner or to his sureties, a judgment against the sheriff is conclusive evidence of his right to recover against the prisoner or his sureties, as to any matter which was or might have been controverted in the action against the sheriff. In an action by the sheriff against the prisoner or his sureties, the judgment against the sheriff for the escape of the prisoner, is evidence of the damages sustained by him, in the same manner as if it had been collected; and he is also entitled to recover his costs and reasonable expenses in defending the action against him, as part of his damages.

§ 461. If the action be brought against the sheriff, when security for the jail liberties has been taken, the court must, unless the escape was with the assent of the sheriff, stay all proceedings upon a judgment thereon against him, until the expiration of a reasonable time to enable him to prosecute the sureties. and collect from them the amount of the judgment he may recover.

§ 462. A sheriff, jailer or other officer, who demands or receives a reward or gratuity, to aid, assist or connive at the escape of a prisoner in his custody, is punishable for a misdemeanor; and if he be a sheriff, forfeits his office. If a sheriff be convicted, as provided in this section, the court must immediately report the fact of his conviction to the governor.

ARTICLE X.

ASSIGNMENT OF THE JAIL AND OF PRISONERS AND PROCESS, TO A NEW SHERIFF.

SECTION 463. Notice of election or appointment of new sheriff, and effect thereof. 464. Delivery of-jail and of prisoners and process, to new sheriff.

465. Assignment of prisoners.

466. Execution and return of process, by former sheriff.

467. Proceedings to compel delivery of jail, &c., and assignment of prisoners, to new sheriff.

§ 463. When a new sheriff is elected or appointed, and has qualified and given the security required by special statutes, the county clerk must give a certificate of that fact, under his seal of office; upon the service of which on the former sheriff, his powers cease, except when otherwise specially provided.

§ 464. Within three days after the service of the certificate upon the former sheriff, he must deliver to his

successor,

1. The jail or jails of the county, with their appurtenances and the property of the county therein :

2. The prisoners then confined in the county jail:

3. The process, or other papers in his custody, authorising or relating to the confinement of the prisoners, or if they have been returned, a written statement of their contents and the time of their return:

4. All process for the arrest of a party, and all papers relating to the summoning of a grand or trial jury, which have not been fully executed:

5. All executions, attachments and final process, except those which he has executed or has begun to execute, by the collection of money or a levy on property.

$465. He must also, at the same time, deliver to the new sheriff, a written assignment of the property, process, papers, and prisoners delivered, specifying the authority by which each prisoner was committed and is detained, and whether or not it be returned or delivered to the new sheriff. The new sheriff must thereupon acknowledge, in writing, upon a duplicate of the assignment, the receipt of the property, process, papers and prisoners therein specified.

§ 466. Notwithstanding the election or appointment of a new sheriff, the former sheriff must return all process before or after judgment, which he has fully executed, and must complete the execution of all final process which he has begun to execute.

§ 467. If the former sheriff neglect or refuse to deliver to his successor the jail, process, papers and prisoners in his charge, as required by section 464, the new

sheriff may, notwithstanding, take possession of the jail, and of the prisoners confined therein, and may compel the delivery of the process and papers, in the manner prescribed in this code.

ARTICLE XI.

PROVISIONS RESPECTING PERSONS COMMITTED UNDER THE AUTHORITY

OF COURTS OF THE UNITED STATES, TO A COUNTY JAIL.

SECTION 468. Sheriff to receive and keep in county jail, prisoners committed, under process of United States courts. His compensation.

469. Sheriff or jailer answerable for safe keeping of such prisoners.

§ 468. The sheriff must receive and keep in the county jail, every prisoner who is committed thereto, under civil process issued by a court of the United States, until he be discharged according to the laws thereof, as if he had been committed under civil process issued under the authority of this state. He may also receive, to his own use, the sum payable by the United States for the use of the jail.

§ 469. A sheriff or jailer, to whose custody a prisoner is committed, as provided in the last section, is answerable for his safe keeping, in the courts of the United States, according to the laws thereof.

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