TITLE 6. 1. It shall be not less than double the amount of the sum in which the sheriff was required to hold the defendant to bail, if he be in custody on mesne process, or be surrendered in exoneration of his bail before judgment docketed against him : Its condition. For whom hold. Recommit 2. It shall be not less than double the amount directed to be levied by the execution or attachment, if he be in custody upon attachment or execution: 3. It shall be not less than double the amount for which judgment shall have been rendered against him, if he be surrendered after judg ment docketed.85 $42. Such bond shall be conditioned, that the person so in custody of such sheriff, shall remain a true and faithful prisoner, and shall not, at any time, or in any manner, escape or go without the limits and boundaries of the liberties established for the jail of such county, until discharged by due course of law.85 S43. Every such bond taken for the liberties of any jail, shall be valid, and shall be held for the indemnity of the sheriff taking the same, and of the party at whose suit the prisoner executing such bond shall be confined.85 S44. If a sheriff who shall have taken any such bond for the liting prisoner. berties of any jail, shall discover that any surety to such bond is insufficient, he may commit the prisoner who executed the same, to close confinement in such jail, until other good and sufficient sureties shall be offered.85 Principal may be surrendered by sure ties. How made. Escape of prisoner, what. $45. The sureties in any bond given for the liberties of any jail, may surrender their principal at any time before judgment shall be rendered against them on such bond; but such bail shall not be exonerated thereby from any liability incurred before the making such surrender. $46. Such surrender may be made as follows: the bail may take their principal to the keeper of the jail, and upon the written requirement of such bail, the keeper shall take such principal into his custody, and thereupon endorse upon the bond given for the limits, an acknowledgment of the surrender of such principal; and such keeper shall also, if required, give the bail a certificate acknowledging such surrender. $47. The going at large of any prisoner who shall have executed such bond, or of any prisoner who would be entitled to the liberties of any jail upon executing such bond, within the limits of the liberties of the jail of the county in which he shall be in custody, shall not be deemed an escape of such prisoner; but in case any such prisoner shall go at large without the liberties of such county, without the assent of the party at whose suit such prisoner shall be in custody, the (85) 1 R. L. p. 429, § 6. same shall be deemed an escape and forfeiture of the bond so executed; and the sheriff in whose custody such prisoner shall have been, shall have the same authority to pursue and retake such prisoner, as if such escape had been made from the jail. ART. 3. suit on such $48. In every suit brought by a sheriff on such bond, the defen- Defence in dants may plead a voluntary return of the prisoner to the jail from bond. which he escaped, or the liberties thereof, or a recaption of such prisoner by the sheriff from whose custody he escaped, before the commencement of such suit, and may give evidence thereof in bar of such action; and such defendants shall be entitled to make such or any other defence to such suit, which might be made by such sheriff, to an action against him for such escape. judgment a $49. But if an action shall have been brought against such sheriff Effect of for such escape, aud due notice thereof shall have been given to the gainst sheriff. prisoner and his sureties who executed the bond for the jail liberties, the judgment against such sheriff shall be conclusive evidence of his right to recover against such prisoner and his sureties, to whom such notice was given, in the action on such bond, as to all matters which were or might have been controverted in the action against the sheriff. judgment for $ 50. In every such action brought by a sheriff on a bond executed Summary for the jail liberties, if it shall appear to the court that judgment has him. been rendered against such sheriff for the escape of the prisoner, and that due notice of the pendency of the action against the sheriff was given to such prisoner and his sureties, to enable them to defend the same, such court shall render judgment in the suit upon such bond, at the same term in which the writ by which such action shall be commenced, shall be returned served. ceedings. $51. But to entitle any sheriff to move for such judgment, he Previous proshall have filed his declaration, and shall show to the court that he had given twenty days' notice of such motion. ceedings on $ 52. If it shall appear on the hearing of such motion, that the de- Staying profendants have any meritorious cause of defence, which was not con- judgment. troverted in the action against the sheriff, and which by law could not have been so controverted, the court shall suspend proceedings on such judgment, until a trial in such action be had; but such judgment shall remain as a security for the sheriff. $53. If such defence be established, the court shall vacate such When to be judgment, and render judgment as in other cases. vacated. $ 54. In every action brought by a sheriff on such bond, the re- Evidence of covery of a judgment against him for the escape of the prisoner, shall damages, &c. be evidence of the damages sustained by him, in the same manner as if such judgment had been collected; and such sheriff shall be en TITLE G. titled to recover the costs, and his reasonable expenses in defending the suit against him, as part of his damages. 86 Assigning bond. Action; dam. ages therein. Effect of assignment. Defence to action of as#igneo. Staying proceedings a $55. If any such bond shall be forfeited, the party at whose suit the prisoner executing the same shall have been confined, or in case of his death, the executors or administrators of such party, shall be entitled to an assignment thereof, which shall be made by the sheriff taking the same, or in case of a vacancy in his office, by his undersheriff, by an endorsement on such bond, executed in the presence of one or more witnesses.87 $56. The party to whom such assignment shall have been made, may maintain an action on such bond, as assignee of the sheriff taking the same, in the same cases in which such action might be maintained by such sheriff; and upon obtaining judgment therein, he shall recover damages for such breaches of the condition as shall have been assigned by him, as follows: 1. If the prisoner escaping was confined by virtue of an execution, or by virtue of an attachment for non-payment of costs, the measure of the plaintiff's damages shall be, the amount directed to be levied by such execution or attachment, with interest thereon to the time of such recovery: 2. If such prisoner was confined by virtue of a capias ad respondendum, or upon a surrender in exoneration of his bail, made be fore or after judgment rendered against him, the plaintiff shall recover only the actual damages sustained by him.87 $57. The acceptance of an assignment of any such bond, shall be a bar to any action by or on behalf of the party receiving such assignment, against the sheriff or other officer making the same, for any escape by the prisoner executing such bond, amounting to a breach of such bond.87 $58. In every action brought by the assignee of such bond, the defendants shall be entitled to plead a voluntary return of the prisoner to the liberties of the jail, before the commencement of such action, in bar thereof, and to make any defence which they would be entitled to make, if such action had been brought in the name and for the benefit of the sheriff to whom such bond was executed. $59. In case the party at whose suit any person shall have been gainst sheriff. confined to the liberties of a jail, shall refuse or neglect to take an assignment of the bond executed by such person, as herein before provided, and shall prosecute any sheriff for the escape of such person, the court in which such action shall be pending, shall, by rule, stay all proceedings upon the judgment against such sheriff, until he shall have had a reasonable time to prosecute the bond taken by him, and to collect the amount of any judgment he may recover thereon.ss (86) 1 R. L. p. 430, § 9. (87) Ib. § 7. (88) Ib. § 8. ART. 4. Not in case of § 60. But the last preceding section shall not extend to authorise such stay of proceedings, in any action where the judgment shall have been recovered against any sheriff, for any escape committed with voluntary esthe assent, aid or assistance of such sheriff.89 ARTICLE FOURTH. Of Escapes, and the Liabilities of Sheriffs therefor. SEC. 61. Certain prisoners to be closely confined. 62. Other prisoners being without liberties, an escape. 63. Ib. and amount of damages in certain cases. 64. Defence by sheriff to action for escapes. 65 & 66. Penalty on sheriff receiving reward for escape, &c. cape. ers to be fined. $61. All prisoners committed to any jail upon process for con- When prisontempt, or committed for misconduct in the cases prescribed by law, closely conexcept on attachments for the non-payment of costs, shall be actually confined and detained within such jail, until they shall be from thence discharged by due course of law, or shall be removed to some other jail or place of confinement, in the cases provided by law; and if any sheriff or keeper of a jail, shall permit or suffer any prisoner so committed to such jail, to go or be at large out of his prison, except by virtue of some writ of habeas corpus, or rule of court, or in such other cases as may be provided by law, he shall be liable to the party aggrieved, for his damages sustained thereby, and shall be deemed guilty of a misdemeanor.90 without liber cape. $62. If any prisoner committed to any jail, by virtue of any capias When being ad respondendum, or other mesne process, or upon a surrender in ex- ties an esoneration of his bail, made either before or after judgment rendered, shall go or be at large without the limits and boundaries of the liberties of such jail, without the assent of the party at whose suit such prisoner shall have been committed, the same shall be deemed an escape of such prisoner, and the sheriff having charge of such jail shall be answerable therefor to such party, in an action of trespass on the case, to the extent of the damages sustained by him.90 $63. If any prisoner committed to any jail, in execution in a civil b. action, or upon an attachment for the non-payment of costs, shall go or be at large without the boundaries of the liberties of such jail, without the assent of the party at whose suit such prisoner was committed, the same shall be deemed an escape of such prisoner, and the sheriff having charge of such jail, shall be answerable therefor to such party, for the debt, damages or sum of money for which such prisoner was committed, to be recovered by an action of debt.90 sheriff $64. In every action against a sheriff or other officer, for the es- Defence by cape of any prisoner, the defendant may plead or give notice, that before the commencement of such action, such prisoner voluntarily returned to the jail from which he had escaped, or to the liberties thereof; or (89) 1 R. L. p. 430, § 8. (90) Ib. p. 425, § 19 & 21. TITLE 6. that such defendant retook such prisoner, and had him within the jail from which he escaped, or within the liberties thereof, before the commencement of such action; and in either case, that such escape was made without the consent of such defendant." Penalty on sheriff. Ib. Evidence of new sheriff fied. $65. Every sheriff or other officer, who shall demand or receive any reward, gratuity or valuable thing, to procure, assist, connive at or permit, any escape of any prisoner in his custody, shall be deemed guilty of a misdemeanor. 92 $ 66. Every sheriff or other officer, who shall be convicted of a vio lation of the last section, shall forfeit his office, and be forever thereafter incapable of executing the same." ARTICLE FIFTH. Proceedings on the Election or Appointment of a new Sheriff. 69. Things to be delivered by him to his successor. 70. Statement of articles delivered, how signed and receipted, &c. 71. Power of former sheriff defined. 72. When capias to be delivered to new sheriff, &c. 73. How delivery of jail, &c. may be compelled. 74. Proceedings if office of former sheriff be vacant. $67. When any new sheriff shall be elected or appointed in the having quali- place of any other, or upon the expiration of the term of any sheriff's office, and shall have qualified and given the security required by law, the clerk of the county shall grant a certificate, under his official seal, that the person so appointed or elected, has qualified and given such security. Former she 368. Upon the service of such certificate on the former sheriff, riff how su- his powers as such sheriff, except when otherwise expressly provided by law, shall cease. perceded. Jail, &c. to $69. Within ten days after the service of such certificate upon be delivered such former sheriff, he shall deliver to his successor, to successor. 1. The jail, or jails if there be more than one, of the county, with all their appurtenances, and the property of the county therein: 2. All the prisoners then confined in such jail : 3. All process, orders, rules, commitments, and all other papers or documents in his custody, authorising, or relating to the confinement of such prisoners; and if any such process shall have been returned, a statement, in writing, of the contents thereof, and when returned: 4. All writs of capias ad respondendum and other mesne process, and all precepts and other documents for the summoning of a grand or a petit jury then in his hands, which shall not have been fully executed by him: 5. All executions, attachments and final process, then in his hands, except such as the said former sheriff shall have executed, or shall (91) 1 R. L. p. 426, § 23. (92) Ib. § 22. |