appointment must be filed in the office of the county clerk, and must authorise the sheriff to remove the prisoners to the place or jail designated, and there confine them, until they can be safely returned to the jail from which they were taken.

§ 434. The board of supervisors of each county must, from time to time, appoint a physician to the jail of the county; and if there be more than one jail in the county, a physician to each jail.

§ 435. Intoxicating liquors must not, on any pretence, be sold in a county jail; nor can they be brought into a jail for the use of a person confined therein, without a written permit by the physician.

§ 436. A person who sells or brings into jail intoxicating liquors, contrary to the last section, and a sheriff or other officer employed about a jail, who knowingly suffers them to be sold or used contrary thereto, is guilty of a misdemeanor, and on conviction, is punishable by imprisonment not exceeding one year, or by a fine not exceeding two hundred and fifty dollars, or both; and a sheriff so convicted, shall forfeit his of fice.

§ 437. A sheriff or jailer, upon whom a paper in a judicial proceeding, directed to a prisoner in his custody, is served, must forthwith deliver it to the prisoner, with a note thereon of the time of its service. For a neglect to do so, he is liable to the prisoner for all

damages occasioned thereby; and by a wilful omission in this respect, is guilty of a misdemeanor.

§ 438. On the written application of the sheriff, with the assent of the county judge, or in the city of NewYork, of the recorder or city judge, the governor may authorise the sheriff to organise a guard, not exceeding a specified number, for the protection of the county jail or any other prison in the county, or to arrest or detain a prisoner, or to enforce the process, order or judgment of a court. He may also authorise the sheriff to contract with one or more uniform companies to form the guard, and may at any time revoke or modify the authority.

§ 439. The guard must be under the command of the officers designated by the governor, or if he make no designation, under that of the sheriff, and of such civil and military officers as he may assign; and is subject to the regulations and penalties prescribed by the governor, before or after its organization. The governor may also direct the delivery to the guard, of such ammunition as he may deem necessary.

§ 440. The guard is entitled to the allowance agreed upon before or after their employment, not exceeding one dollar a day for a private, or two dollars a day for an officer.

§ 441. The comptroller may require vouchers and proofs of the agreement, services and expenses, relating

to the guard, and may allow such sum therefor as he deems just. He may draw therefor upon the state treasury, and must charge it to the county for whose benefit it was paid, and certify the amount thereof, to the treasurer of the county, by whom it must be laid before the supervisors at their next annual meeting.

§ 442. The supervisors must thereupon direct the amount to be levied and collected, as a county charge; but if they think it would be unreasonably burdensome to raise it all in one year, they may divide it into not exceeding three equal parts, and order it to be levied in an equal proportion in three successive years.

§ 443. When collected in whole or in part, the money must be paid to the county treasurer, by whom it must be paid to the state treasurer, to the credit of the county, on or before the first day of May, after its collection.

§ 444. The sherif, when he deems it necessary, may, with the assent of the county judge, or, in the city and county of New-York, of the recorder or city judge, employ a temporary guard for the protection of the county jail, or of any other prison in his county, or for the safe keeping of prisoners, until a guard can be organized, as provided in section 438; the expenses of which are a county charge.

§ 445. The expenses of the sheriff, or any other county officer, incurred pursuant to the last seven sections, are also a county charge.

ARTICLE VIII,

JAIL LIBERTIES; AND THE ADMISSION OF PRISONERS THERETO.

SECTION 446. Present jail liberties, continued.

447. Jail liberties, how and by whom established.

448. How and by whom altered.

449. Order establishing or altering jail liberties, how filed and served. 450. Admission of prisoner to jail liberties.

451. Security therefor.

452. If security insufficient, prisoner to be re-committed.

453. Surrender of prisoner.

454. Retaking prisoner, after escape.

§ 446. The jail liberties in each county, are continued as now established, subject to alteration as provided in section 448.

§ 447. When the jail liberties have not been established, and in counties hereafter erected, the supervisors of the county must appoint a reasonable space of ground, adjacent to the jail of the county, to be denominated the jail liberties, as follows:

1. The liberties must be laid out as nearly as may be, in a square; except that a stream of water, canal, or highway, may be adopted as an exterior line, though not in a straight line, or at right angles with the other exterior lines:

2. They must not exceed five hundred acres in extent, and must include the court house, and the office of the county clerk:

3. A minute description of their boundaries and extent, must be filed with the county clerk:

4. The boundaries and limits of the liberties must be designated, by visible and permanent objects.

§ 448. The jail liberties may be altered by the supervisors, not oftener than once in three years, and must be designated in the same manner and subject to the same restrictions, as are prescribed in the last section. But when they have been fixed by statute, no alteration can be made excluding a part of the existing jail liberties.

§ 449. A copy of the order establishing or altering the jail liberties, must be filed with the county clerk, by whom a certified copy must be immediately delivered to the sheriff, which must be conspicuously posted in the county jail.

§ 450. A person in the custody of the sheriff, in a civil action, by virtue of an order of arrest or an execution, or upon a surrender in exoneration of bail, or upon a commitment, for not paying money, may go at large within the jail liberties, with the consent of the sheriff He must, however, be admitted to the jail liberties, upon giving security therefor, as provided in the next section.

§ 451. The security for the jail liberties must be by a written undertaking, executed by two or more sufficient sureties, stating their places of residence and occupations, to the effect that the prisoner shall not go beyond the jail liberties, until legally discharged, or that the sureties will pay to the person at whose suit the prisoner is in custody, a sum mentioned in the undertaking, and which must be as follows: