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ARTICLE V.

PROCEEDINGS, in case of RESISTANCE TO THE EXECUTION OF PROCESS. SECTION 409. Duty of officer, if execution of process be resisted.

410. Duty of persons to aid him, and consequences of refusal.

§ 409. When an officer finds or has reason to apprehend, that resistance will be made to the execution of process, delivered to him for service, he may command as many male inhabitants of his county as he may think proper, and any military company or companies in the county, armed and equipped, to assist him in overcoming the resistance, and if necessary in seizing, arresting and confining the resisters and their aiders and abettors, to be punisned according to law.

§ 410. Every person commanded by an officer to assist him in the execution of process, as provided in section 409, who without lawful cause, refuses or neg lects to obey the command, is guilty of a misdemeanor

ARTICLE VI.

CONDUCT OF THE SHERIFF, TO PERSONS Arrested on cIVIL PROCESS.

SECTION 411. Prohibited from receiving gratuity.

412. When he may receive compensation for lodging or necessaries. 413. Prisoner arrested, may procure necessaries.

414. Sheriffs may pass through other counties with prisoner.

§ 411. Neither the sheriff, nor any other officer, can charge or receive from a person arrested on civil process, compensation for necessaries or lodging furnished to him while he is in custody, or for his commitment or discharge, except as specially authorised by this code; nor can he demand or receive a gratuity for

keeping a prisoner out of jail, or for waiting for him to find bail, or agree with the adverse party, or for any other purpose.

§ 412. If a person arrested be kept in a house other than the county jail, neither the officer arresting him, nor the person in whose custody he is, can receive from him a greater sum for lodging or necessaries, than is prescribed by the county judge. If no such rate have been prescribed, the officer or person in whose custody the prisoner is, cannot receive a greater sum than may be allowed by a justice of the peace, of the town, on proof that the lodging or necessaries were furnished at the request of the prisoner. And no compensation can in any case be received, for intoxicating liquors, sold or delivered to the prisoner.

§ 413. A person arrested and kept in a house, other than a county jail, may procure such necessaries as he may think fit, without the detention thereof, or payment therefor, to the officer arresting him, or the person in whose custody he is.

§ 414. A sheriff or other officer who has arrested a person in one county, may pass through such parts of another county or counties, as are in the usual route of travel, from the place where the prisoner was arrested, to that to which he is to be conveyed and delivered. And neither the prisoner nor the officer having him in custody, can be arrested on civil process, while passing

through any other county than that in which the arrest was made.

ARTICLE.

COUNTY JAILS; THE KEEPING OF PRISONERS THEREIN; AND THE PROTECTION THEREOF.

SECTION 415. County jails established.

416, 417. By whom kept, and for what purpose.

418. Sheriff to appoint keeper of jail.

419. Rooms in jail.

420, 421. Regulations as to keeping prisoners separate. Duty of supervisors. 422. What are the county jails.

423. Regulations thereof.

424. Designation of the jail of another county, in certain cases.

425. Duty of the sheriff and keeper of the jail designated, in such case. 426-428. Regulations as to admission to jail liberties, when jail of another

county is designated.

429. Designation of jail of another county, when and how revoked.

430. Revocation to be served on sheriff, and his duty thereon.

431. Confinement of prisoners, when there is more than one jail in the county.

432. Removal of prisoners in case of fire.

433. Removal of prisoners in case of pestilence or contagious disease. 434. Physician to jail, how and by whom appointed.

435, 436. Regulations as to bringing and using intoxicating liquors in jail. 437. Papers directed to prisoner, by whom and when delivered to him. Penalty for neglect.

438. Guard of jail how to be organized.

439. Under whose command to be placed.

440-443. Their compensation, and how paid and collected.

444. Temporary guard, when and how exercised.

445. Expenses of sheriff or other connty officer, pursuant to last seven sections, a county charge.

§ 415. There is in each of the counties of this state, a prison known as the county jail.

§ 416. The county jail is kept by the sheriff, and is, (except in the city and county of New-York,) used as a prison,

1. For the detention of persons committed in default of security to appear as witnesses in a criminal action, as provided in the code of criminal procedure:

2. For the detention of persons committed for trial

for a public offence:

3. For the confinement of persons committed for a contempt, or upon civil process:

and

4. For the confinement of persons sentenced to imprisonment therein, upon conviction for a public offence.

§ 417. In the city and county of New-York, the sheriff has the custody of the county jail for the confinement of persons committed for contempt or upon civil process. The prison in that city and county, for the detention of persons committed in default of security to appear as witnesses in a criminal action, or charged with crime and committed for trial, or sentenced to imprisonment therein upon conviction of a public offence, is known as the city prison; and that for the imprisonment therein upon conviction of a public offence, is known as the penitentiary. Both these prisons are under the charge of the governors of the alms-house of the city of New-York, whose powers in this respect are regulated by special statutes.

§ 418. The sheriff may appoint a keeper of the county jail, for whose acts as such he is responsible.

§ 419. The county jail must be provided by the supervisors of the county, and must contain a sufficient number of rooms,

1. For the confinement of persons committed for trial in criminal actions, separate and distinct from prisoners under sentence:

2. For the confinement of prisoners under sentence:

3. For the confinement of persons committed on civil process for contempt, or as witnesses, separate from those mentioned in the last two subdivisions.

§ 420. Persons committed on criminal process and detained for trial, and those committed for contempt or upon civil process, must be kept in separate rooms from those in which persons convicted and under sentence are confined; and on no pretence whatever, can persons detained for trial or committed for contempt or on civil process, be kept or put in the same room with those convicted and under sentence.

§ 421. Male and female prisoners, (except husband and wife,) must not be kept or put in the same room. The supervisors of each county must as soon as can conveniently be done, so construct or alter the jail or other prison of the county, as to enable the sheriff to confine all persons committed for trial or upon conviction for public offences, in separate rooms. And after such provision is made, each person must be confined in a separate room, and not be permitted to associate with another prisoner.

§ 422. The buildings now used as county jails are continued as such, until other buildings are designated for that purpose by the supervisors of the county.

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