Section 661. When sheriff party to an action or proceeding  


Latest version.
  • 1. In an action
      or special proceeding to which the sheriff  is  a  party,  all  mandates
      shall  be  directed to the county clerk of the county, who shall execute
      the same with all the powers and duties of a sheriff including the power
      to arrest under civil  process  and  to  accept  undertakings  for  jail
      liberties, and shall be subject to the same liability as the sheriff for
      escape.  The place of confinement of such sheriff shall be a house other
      than the jail or the home of the sheriff situate within  the  limits  of
      jail  liberties,  and such house shall be deemed the county jail for all
      purposes of confinement and liability for escape.  Such clerk shall have
      power to prosecute such undertaking the same as a sheriff and may assign
      the undertaking  to  the  party  at  whose  instance  such  sheriff  was
      arrested.
        2.  When  the  sheriff  is  the  plaintiff  in  an  action  or special
      proceeding and another person is arrested under  civil  process  at  the
      instance  of  the sheriff, the county clerk shall confine such person in
      the county jail. The county clerk shall be liable in the same manner  as
      the  sheriff,  except  that  he  shall not be liable while the person is
      confined in the jail and in the custody of the sheriff.