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.

§ 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 priso ners 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 COPE.]

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