PART IV. Sale of property. Time book. Reports to be attested by oath. Principal keeper at Clinton. shall further covenant and guarantee, in and by said contract, to take from such agent and warden, and employ under said contract, which such agent and warden shall tender to him under the same, not to exceed one thousand convicts at any one time. Such contracts shall not be assignable without the consent of the inspectors of state prisons. CHAP. 552, AN ACT to amend the several acts in relation to State Prisons. PASSED April 19, 1855; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : [Sections 1, 2, 3, 4 and 5 amends Laws of 1847, ch. 460, and the amendments are incorporated into the Revised Statutes, Part IV, chap. 3.] 6. It shall be the duty of the agent and wardens as often as the inspectors may deem necessary, to advertise in one or more newspapers in the county where the prison is situated, all personal property of the prison then on hand, which may have become useless, or which is no longer required for prison purposes, and to sell the same at a public sale to the highest bidder, and to deposit the amount received from such sale to the credit of the treasurer, as now required by law. S7. It shall be the duty of each of the principal keepers of each of the prisons, to keep a time book in which shall be inserted the names of all the officers, keepers or guards, belonging to the prison, and opposite to each name he shall daily mark whether such officer, keeper or guard was "absent or present;" if absent, shall give the alleged reasons for such absence, and at the end of each month shall add up the same and verify such statement by his affidavit, that it is correct, and so sworn to, shall be delivered to the agent, who shall forward the same to the comptroller with his monthly report. S 8. All officers of either of the prisons, who, under any section of this act, or of any act of which this is amendatory, whose duty it is to report annually, quarterly or monthly, to the governor, secretary of state, comptroller, inspector or inspectors of state prisons, or to the agent and warden of either of the prisons, will hereafter be required to attest the same by his or her affidavit, that such report is just and true. $9. Whenever the number of convicts in the Clinton prison shall exceed three hundred, a principal keeper shall be appointed for such prison, and from the time such appointment is made, the salary of the agent and warden and principal keeper shall be the same as now allowed by law to the agents and wardens and principal keepers of the Sing Sing and Auburn prisons, and the duties of the said agent and warden and of such principal keeper, the same as required by chanter two hundred and forty of the Laws of eighteen hundred and fifty-four, or of the acts of which that was amendatory. $10. Section eighty-three of chapter four hundred and sixty of the Laws of eighteen hundred and forty-seven, is hereby amended so as to read as follows: CHAP. III. to be inter contracts. No inspector, agent or other officer employed at either of Officers not the prisons shall be directly or indirectly interested in any ested in contract, purchase or sale, for, by or on account of such prison, nor shall any inspector, officer, keeper or guard, or other person employed at such prison, accept of any present from any contractor or contractor's agent, either directly or indirectly, nor shall any person whatever, convey into either of the prisons of this state, any article for the use of the convicts, prohibited by the rules of the inspectors or by the laws of the state; any person violating this section shall be deemed guilty of a misdemeanor and punishable as such. 11. Subdivision two of section six of chapter two hundred and forty of the Laws of eighteen hundred and fifty-four, is hereby amended so as to read as follows: received by agents to be weekly. deposited To deposit at least once in each week to the credit of the Moneys treasurer of the state, in such bank or banks as may be designated by the comptroller, all the moneys received by him as such agent and warden, and send to the comptroller weekly a statement showing the amount so received and from whom, and when (or for what) received and deposited, and the days on which such deposits were made; the statements of deposits to be certified to by the proper officers of the bank receiving such deposit or deposits; the agent and warden shall also verify by his affidavit that the sum so deposited is all the money received by him from whatever source of prison income, during the week, and up to the time of deposit. § 12. Subdivision three of the same section and chapter, is hereby amended so as to read as follows: Before any expenses are incurred by him, to make an esti- Estimate of mate, in minute detail, of the necessary expenses for the be made support and maintenance of the prison under his charge, monthly. including the number of rations, or kind of property, to be delivered during the month, upon any contract made under the fourth section of the act of which this is amendatory, and monthly thereafter, and to present the same to the comptroller, who, if satisfied that the expenditures are necessary and proper, shall thereupon authorise the agent to make his draft on the treasury for the sum thus estimated, or any part thereof; which amount shall be paid, on the warrant of the comptroller; and it shall not be lawful for such agent and warden to make purchases on behalf of the state, unless such purchases have been included in the estimate presented to and approved by the comptroller; but the estimate required from the agent in this section shall first be submitted to the inspector in charge of the prison, and his approval written thereon, certifying that he has carefully examined the same, and that the articles contained in such estimate are actually required for the use of the prison. Such estimate shall be accompanied by the report of the store keeper (or when the duties are performed by the kitchen keeper,) under oath, giving the amount of each article consumed for the last month, and the amount of each article then on hand. S13. Section eight of the same chapter is hereby amended so as to read as follows: The clerks of the several prisons in this state, or in their absence, the principal keepers, are hereby authorized and required to take affidavits, in all matters of accounts against their respective prisons, and also in relation to fees of sheriffs in bringing convicts to either of said prisons. CHAP. 158. AN ACT in relation to the punishment of crimes in certain cases. PASSED April 11, 1856; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: § 1. Whenever any person under the age of twenty-one and above the age of sixteen years, shall be convicted of an offence punishable with imprisonment in the state prison, in either of the judicial districts of the state, having a penitentiary within said judicial district, the court before which such conviction shall be had, may, in its discretion, sentence the person so convicted to imprisonment in the penitentiary situated in that judicial district. Every person so sentenced shall be received into the said penitentiary and shall be kept and employed in the manner prescribed by law, and shall be subject to the rules and discipline of said penitentiary. § 2. It shall be the duty of the sheriff of any county within the said judicial district in which any person shall be convicted and sentenced, as in the first section is provided, to convey such person to the penitentiary situated in such judicial district, and deliver him to the superintendent thereof, for which such sheriff shall be paid by the state treasurer such fees as are allowed by law for conveying convicts to the state prison. CHAP. IIL CHAP. 94. AN ACT to amend the several acts in relation to State Prisons. PASSED March 10, 1857; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: amended. be furnish. $1. Section sixty-five of the act entitled "An act for the Act better regulation of the county and state prisons of this state, and consolidating and amending the existing laws in relation thereto," passed December fourteeenth, eighteen hundred and forty-seven, is hereby amended so as to read as follows: The guards of the respective prisons shall continue to be Guards to furnished from the arsenals of this state with sufficient arms, ed with ammunition and accoutrements, and shall be subject to the arms, &c. command and direction of the agent and warden of the prison, who is hereby empowered to suspend, for cause, any Agent may officer, keeper or guard, in said prison, and employ others in their stead, until the pleasure of the inspector in charge shall be known, and whom he shall immediately notify of such suspension, and the reasons therefor. $2. Section sixty-six, subdivision four of the same act is hereby amended so as to read as follows: The salaries of the guards at the several state prisons of Salaries. this state, shall be forty dollars each, per month, payable monthly. §3. All reports now required by law to be made annually Reports. to the inspectors of state prisons, or to the secretary of state, by any officer of the prisons, shall be made up to and including the thirtieth day of September, of each year, and such reports are required to be delivered as aforesaid, on or before the first day of December in each year. $4. The third section of chapter five hundred and twentytwo of the laws of this state, passed April nineteenth, eighteen hundred and fifty-five, is hereby amended so as to read as follows: clerks. The clerk of Sing Sing prison shall receive a salary of one Salaries of thousand dollars per annum; the clerk of Auburn prison, nine hundred dollars per annum, and the clerk of Clinton prison nine hundred dollars per annum; the chaplains of each pri- Chaplains. son, nine hundred dollars per annum; the physicians of Physicirns. Auburn and Clinton prisons shall receive each a salary of six hundred dollars per annum, and the physician at Sing Sing prison a salary of seven hundred dollars per annum, and the instructors one hundred and fifty dollars per annum each, Instructors. payable monthly, at the end of each month. Means Chap. 552. PART IV. Salaries of keepers. S 5. Section four, subdivision one of the same act is hereby amended so as to read as follows: The keepers in the several prisons shall receive salaries as follows: The keepers known as principal keepers each one thousand dollars per annum, kitchen keepers, eight hundred dollars each per annum; all other keepers six hundred dollars each per annum. $ 6. All acts and parts of acts inconsistent with this act are hereby repealed. Reports to be inade out CHAP. 283. AN ACT authorizing the reports of the male and female departments of state prisons to be made separately. PASSED April 12, 1860. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. The annual and all other reports and estimates of separately. earnings and expenditures, of the male and female departments of state prisons, shall, from and after the passage of this act, be made out separately and distinctly, the one from the other. Contracts for labor of convicts. $ 2. All acts and parts of acts heretofore passed and inconsistent with this act, are hereby repealed. CHAP. 399. AN ACT to amend the several acts in relation to state prisons. PASSED April 14, 1860; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S 13. Whenever the board of inspectors shall deem it expedient and proper for the agent or warden to enter into any contract for the labor and services of convicts for a term not exceeding one year, it shall be the duty of the said board to pass a resolution to that effect, specifying the number of convicts whose labor and services are to let, the prison in which they are confined, the business at which they may be employed if contracted for, the time when a contract therefor may commence, and the shop or yard room, store room and the accommodations and facilities for carrying on the proposed business or labor which will be furnished with such labor and services, directing the agent and warden to ascertain what price per day he can obtain for such labor and services, and report the same to the board; and if, upon advisement, the board shall |