§ 423. Except as provided in this article, the regulations of the county jails and prisons, in respect to prisoners committed thereto for trial or sentence upon conviction for a public offence, are prescribed by special

statutes.

§ 424. When there is no jail in the county, or when the jail becomes unfit or unsafe for the confinement of prisoners, the county judge must, by a written appointment, filed with the county clerk, designate the jail of a contiguous county for the confinement of the prisoners of his county, or of any of them, and may at any time modify or annul the appointment.

§ 425. A copy of the appointment, certified by the county clerk, must be served on the sheriff and keeper of the jail designated; who must receive into his jail, and safely keep, all prisoners authorised to be confined therein pursuant to the last section; and who is responsible for the safe keeping of the persons so committed, in the same manner and to the same extent, as if he were sheriff of the county for whose use his jail is designated; and with respect to the persons so committed, he is deemed the sheriff of the county from which they were removed.

§ 426. If a person confined on civil process, have been previously admitted to the jail liberties of the county for which the designation is made, he may remain within those liberties, or may be removed to the

jail designated, by the sheriff to whom he has given an undertaking for the liberties, in the same cases and in the same manner as the sheriff might legally confine him in the jail of his own county.

§ 427. If a person in the custody of the sheriff of the county for which the designation has been made, be entitled to the jail liberties, he must be confined within the jail liberties, of the original county, as if no such designation had been made, but may be removed by the sheriff to the jail so designated, and confined therein, in the same cases and in the same manner, as he might legally confine him in the jail of his own county.

§ 428. If a person confined in the jail so designated, on civil process, or removed there, as provided in section 425, be entitled to the jail liberties, the sheriff of the county in which the jail so designated is, must admit him to the jail liberties, as if he had been originally arrested by him.

429. When a jail is erected in the county for whose use the designation was made, or its jail is rendered fit and safe for the confinement of prisoners, the county judge of that county must, by a written revocation, filed with the county clerk thereof, declare that the necessity for the designation has ceased and that it is revoked.

§ 430 The county clerk must immediately serve a copy of the revocation upon the sheriff of his county, who must thereupon remove his prisoners to his own jail; and if a prisoner have been admitted to the jail liberties of the other county, he must also be removed, and is entitled to the jail liberties of the county to which he is removed, as if he had been originally arrested therein.

§ 431. The sheriff of a county in which there is more than one jail, may confine his prisoners in either of them, and may remove them from one jail to another in the county, when he deems it necessary for their safe keeping or for their appearance at court.

§ 432. When a county jail or a building contiguous to it is on fire, and there is reason to apprehend that the prisoners may be injured or endangered, the sheriff or jailer may remove them to a safe and convenient place, and there confine them, so long as is necessary to avoid the danger.

§ 433 When a pestilence or contagious disease breaks out in or near to a jail, and the physician thereof certifies that it is likely to endanger the health of the prisoners, the county judge of the county, or the mayor or recorder of a city in which it is situated, may, by a written appointment, designate a safe and convenient place in the county, or the jail of a contiguous county, as the place of their confinement. The [CIVIL CODE.]

12

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