41-4-121 - Safekeeping of prisoners Sufficient jails.

41-4-121. Safekeeping of prisoners Sufficient jails.

(a)  The sheriff has authority, when the jail of the county is insufficient for the safekeeping of a prisoner, to convey the prisoner to the nearest sufficient jail in the state.

(b)  In all cases, also, where it is shown to the committing magistrate, judge or court, that the jail of the county in which the commitment should be made is insufficient for the safekeeping of the prisoner, the commitment shall be by mittimus or warrant stating the fact, to the nearest sufficient county jail.

(c)  In all cases where the jail in which a prisoner is confined becomes insufficient from any cause, any circuit or criminal judge, upon the application of the sheriff and proof of the fact, may order the prisoner, by mittimus or warrant, to be removed to the nearest sufficient jail.

[Code 1858, §§ 5402-5404 (deriv. Acts 1809 (Sept.), ch. 126, § 4; 1817, ch. 17, § 1); Shan., §§ 7380-7382; Code 1932, §§ 11989-11991; T.C.A. (orig. ed.), §§ 41-1123 41-1125.]