Confinement in jail; liability for release, penalty

(1) All prisoners committed to any jail upon process for contempt or committed for misconduct in the cases prescribed by law, shall be actually confined and detained within the jail until they are discharged from the jail by due course of law or are removed to some other jail or place of confinement in the cases provided by law. (2) If any sheriff or keeper of a jail permits or suffers any prisoner so committed to jail to go or be at large out of his prison, except by virtue of writ of habeas corpus or order of court or as otherwise provided by the law, he is liable for the damages sustained to the party aggrieved. And he is also guilty of a misdemeanor.