SATISFACI GAPIAS AD and the writ of discharge and delivery; and the omission by the sheriff to assign over to his successor a prisoner on the ENDUM. and delivery limits, is not per se an escape. 34 But where the debtor was in over, and escapes the sheriff's custody on two executions in favour of different in such ca ses. plaintiffs, and was delivered over by the sheriff on his going out of office to the new sheriff, on the execution of one plaintiff only, the execution of the other being omitted, and after this assignment the debtor escaped; it was unanimously resolved, by the court, that by the delivery of the debtor to the new sheriff, as in execution at the suit of one plaintiff only, he was thereby out of the custody of the old sheriff; and that he could not be in custody of the new sheriff on the other plaintiff's execution because he was not delivered to him, nor he charged with him on that execution; so that the debtor was out of custody on that execution as respected both the old and new sheriff, and consequently it was a legal escape.35 When the sheriff has once begun to execute a writ of execution, he has, after he goes out of office, a right to complete the performance of his duty: and when the law authorises the old sheriff to assign over his prisoners on execution to his successor, it is that he may be exonerated from any further charge or responsibility: and as the rule was introduced for the benefit of the old sheriff, he may, if he pleases, waive the advantage of it.36 If a new sheriff receives a prisoner from his predecessor, he is answerable for his escape, though a voluntary escape may have existed in the time of his predecessor; but the plaintiff has his election, either to consider the prisoner in execution, and so charge the new sheriff for the last escape, or, as out of execution, and charge the old sheriff. If he has once made his election, and sued the old sheriff, and recovered judgment against him, it is conclusive, and a bar to any action against the new sheriff.$7 33 This is now merely a certificate, 2 R. St. 438 s. 67, 68. 24 20 Johns, Rep. 72. 35 3 Co. Rep. 71. Cro. Eliz. 365. 20 Johns. Rep. 72. 36 20 Johns. Rep. 72. SATISFACI ENDUM. How these fected by the revised sta Such was the law, as we have stated it, before the revision of CAPIAS AD our statutes: But as the revised statutes have declared the law respecting the delivery of prisoners by a sheriff to his successor, rules are af and as it is no longer optional with the former whether he will deliver them over, but such delivery is peremptorily required by statute, and the new sheriff is authorised, in case of neglect or refusal, to, take the custody of the prisoners;39 it is impossible to foresee how far some of the principles of the above cases may hereafter be applicable. 38 tutes. SECTION VI. OF JAIL LIBERTIES AND ESCAPES. 41 what, and Jail liberties.] The liberties of the jail are considered Jail liberties as an extension of the walls of the prison, and the confinement how defined. of a debtor in execution within the liberties, is a compliance with the mandate of the execution. Except in the city and county of New York, where the limits of the liberties are defined by statute, the extent of the liberties of jails is settled, subject to the restrictions of statute, and their limits are defined, by the courts of common pleas of the respective counties. The following statutory provisions contain the regulations of law on this subject: Statutory as to liber "The liberties of the jails of the city and county of New provisions York, of the city and county of Albany, and of the several ties generalcounties of this state, as the same have already been established according to law, by the courts of common pleas of the said ly; 382 R. St. 438. s. 69. 2 B. St. 439. s. 73. 41 3 Johns. Cas. 73. 6 Johns. Rep. 121. JAIL LIBERTIES. as to the li counties, and of the said cities, and counties respectively, or otherwise, shall be and remain the liberties thereof."42 "Wherever such liberties have not been established, and in counties hereafter erected, the court of common pleas of such county shall appoint and designate a reasonable space of ground, adjacent to the jail or jails of such county, to be denominated the liberties thereof, as follows: 1. Such liberties shall be laid out in a square, or parallelogram, as near as may be; but any stream of water, canal, or highway, may be adopted as an exterior line, notwithstanding the same may not be in a straight line, or may not be at right angles with the other exterior lines of such liberties: 2. They shall not exceed five hundred acres in extent: 3. A minute description of the boundaries of such liberties, and their extent, shall be entered on the minutes of the court. 4. The boundaries and limits of such liberties shall be designated by monuments, or enclosures, or posts, or other visible and permanent marks, at the expense of the county. "The liberties of the jails, in any county of this state, may be altered by the court of common pleas of such county, in their discretion, not oftener than once in three years, subject to the same restrictions as are prescribed in the last section, in respect to the form and extent of such limits. But in cases where the jail liberties, in any county, shall have been fixed by any statute of this state, no alteration shall be made, by which any part of the present jail liberties of such county shall not be included within the liberties as altered."44 "Such alterations shall be entered in the minutes of the court; and the boundaries and limits of the liberties, as altered, shall be designated, under the order of the court, in the same manner as herein before directed, in respect to the original designation thereof."45 The revised statutes contain a special provision relative to the city of the limits of the jail liberties in the city of New York, but this berties of New York; 45 2 R. St. 433. s. 36. 42 2 R. St. 432. s. 33. 43 2 R. St. 432. s. 34. 46 2 R. St. 433. s. 37. 44 2 R. St. 432. s. 35. has been repealed by the following act, defining those limits: "From and after the passing of this act, all that part of the city and county of New York, lying south of the northern line of Fourteenth street, shall be the jail liberties of the said city and county."'47 JAIL LIBERTIES. cation of the For the purpose of giving publicity to the limits of the jail as to publiliberties, the revised statutes contain the following provisions: liberties. "A copy of the minutes of the court of common pleas, establishing the liberties of any jail, and of the minutes making subsequent alterations, shall be made and certified by the clerk of the county, and be by him delivered to the keeper of such jail, within six months after this title shall take effect as a law: and certified copies of any original establishment of liberties, and of all alterations which shall be made in the liberties of any jail, shall, immediately after the entry of the same in the minutes of the court, be made out and delivered to the keeper of such jail."48 "The keeper of every jail, to whom such certified copies shall be delivered, shall keep the same exposed to public view in some open and public part of such jail; and it shall be the duty of such jailer to exhibit the same to every person, who shall be admitted to the liberties of such jail, at the time of his executing the bonds for that purpose hereinafter prescribed."49 It has been held that where the liberties as described in the map and survey on record are uncertain and contradictory, the reputed limits may be the best evidence of the actual liber how prison the liberties. Bonds for the liberties.] Although it is sufficient if the When and debtor be confined on the liberties, yet the sheriff is not bound er entitled to to enlarge his confinement beyond the prison walls, unless the debtor executes to him a bond according to the provisions of 47 Act of March 13th, 1830. 42 R. St. 433. s. 38. 49 2 R. St. 433. s. 39. BONDS FOR the statutes, for the sheriff's indemnity, in case of his escape. LIBERTIES. The statutory provisions on this subject, prescribing the form, THE Bond how to be given. Form, and condition. requisites, and effect of such bonds, and also allowing the sheriff afterwards to recommit, or the sureties to surrender the debtor, are as follows: "Every person who shall be in the custody of the sheriff of any county, by virtue, 1. Of any capias ad respondendum : or, 2. Of any execution in a civil action : or, 3. By virtue of any attachment for the non-payment of costs in a civil action: or, 4. In consequence of a surrender in exoneration of his bail, shall be entitled to be admitted to the liberties of the jail which shall have been established in such county according to law, upon executing a bond to such sheriff and his assigns, as prescribed in the next section."51 "Such bond shall be executed by the prisoner, and one or more sufficient sureties, being inhabitants and householders of the county, in a penalty which shall be as follows: 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. 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 judgment docketed."5 "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." 51 2 R. St. 433. s. 40. 53 Ib. 434. s. 42. |