the provisions of this section, he shall forfeit the sum of fifty dollars to the use of the people of this state. CHAP. VIII. certain make other § 5. Similar reports shall be made by the sheriff of the city Sheriffs of and county of New York, respecting persons convicted at any counties to court of special sessions held in the said city; and by the reports. sheriff of the city and county of Albany, respecting persons convicted at the mayor's court of the said city, and at any special sessions held in the said city; and by the sheriff of the county of Columbia, respecting persons convicted at any court of special sessions held in the city of Hudson; and by the sheriff of the county of Schenectady, respecting persons convicted at any special sessions held in the city of Schenectady; and by the sheriff of the county of Rensselaer, respecting persons convicted at any special sessions held in the city of Troy; and by the sheriff of the county of Oneida, respecting persons convicted at any court of special sessions held in the city of Utica; and by the sheriff of the county of Monroe, respecting persons convicted at the mayor's court or any criminal court held in the city of Rochester; and by the sheriff of the county of Kings, respecting persons convicted at any criminal court held iu the city of Brooklyn; and by the sheriff of the county of Erie, respecting persons convicted at any criminal court held in the city of Buffalo, within thirty days after the adjournment of the said courts respectively; and for Penalty for any neglect to comply with the provisions of this section, such sheriff shall forfeit fifty dollars to the use of the people of this state. neglect. $6. Any justice or other judicial officer before whom any per- Justices to give in forson shall have been convicted of a criminal offence, other than mation. in courts of record, shall, on being required by the sheriffs of their respective counties, furnish to them all the information they can obtain to enable such sheriffs to comply with the last preceding section of this act, and shall make such inquiries of the persons convicted before them and of others, as the said secretary shall direct; and for any neglect to comply with the provisions of this section, every officer so offending shall forfeit fifty dollars to the use of the people of this state. $ 7. Whenever the clerk of any county shall transmit to the Convictions in special secretary of state any transcripts of convictions had in courts sessions to be returned, of record, he shall also transmit to the said secretary copies of all certificates of convictions made by any court of special sessions and required by law to be filed with such clerk, which have been so filed with him after the passage of this act and since the previous transmission of any transcripts by him; and for any neglect to comply with the provisions of this section every such clerk shall forfeit fifty dollars to the use of the people of this state. criminal New York $8. The clerk of the court of general sessions of the peace Clerk of in the city and county of New York, shall, within three days court in after the first day of each month, transmit by mail to the to report. secretary of state a transcript of the entry of every conviction PART IV. had during the preceding month in the special sessions of the said city and county, which transcripts shall contain the name of the offender, a description of the offence in such form as the said secretary shall prescribe, and the sentence upon each conviction, the first of which returns shall be made within the first three days of the month succeeding the time when such clerk shall receive notice from the said secretary to that effect Penalty for and the form so to be prescribed; and for any neglect to comply with the provisions of this section, every such clerk shall forfeit fifty dollars to the use of the people of this state. neglect. Secretary of state, his duty. Allowance to clerks of returns S 9. The secretary of state shall cause this act to be published, together with forms and instructions for its execution, and shall cause the same to be distributed among the officers herein mentioned; the expense of which shall be paid by the treasurer on the warrant of the comptroller; and the secretary shall annually report to the legislature the results of the information obtained in pursuance of this act. CHAP. 274. AN ACT to provide for the payment of certain expenses of government. The People of the State of New York, and Assembly, do enact as follows: PASSED May 26, 1841. represented in Senate S 23. The clerks of counties and of criminal courts, and courts and sheriffs of counties, shall be allowed a reasonable compensasheriff's for tion by the boards of supervisors of their respective counties, convictions for services in making the returns and statements required by the act entitled "An act respecting convictions in criminal courts and to procure statistical information concerning convicts," passed April 26, 1839, which allowances shall be levied and collected in the same manner as other contingent expenses of the county. Report of district attorney. CHAP. 97. AN ACT to consolidate and amend the several acts relating to the transmission to the office of the secretary of state, by clerks of courts and sheriffs, of records of conviction, and certain other statistical information, as now required by law. PASSED March 29, 1861; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: 1. Within ten days after the adjournment of any criminal court of record in this state, the district attorney of the county in which said court shall have been held, shall furnish to the clerk of said court, a description of the offence committed by every person convicted of crime, abridged from the indictment, as would be sufficient to maintain the averments relating to such offence, necessary to be made in an indictment for a second offence. Every district attorney who shall neglect or refuse to prepare and deliver to the said clerk such statement within the time above specified, shall forfeit the sum of twenty-five dollars for each case of neglect or refusal, to the use of the people of this state. CHAP. VIII. secretary S2. Within twenty days after the adjournment of any Report to criminal court of record, the clerk thereof shall transmit of state. to the office of secretary of state, such statement thus furnished by the district attorney, of all convictions had at said court; and in case of his refusal or neglect to transmit the same as aforesaid, the said clerk shall be liable to the like penalty as prescribed in the foregoing section. Clerks of report to of state. S3. Within twenty days after the adjournment of any criminal criminal court of record, the clerk thereof shall also transmit court to to the office of the secretary of state, a duly certified state- secretary ment of the number of indictments tried at such court, specifying the number for each separate offence; the number on which convictions were had; the number on which defendants were acquitted; the number of indictments against persons who were convicted on confession; and also the number of indictments against persons who were discharged without trial. Whenever the clerk of any county shall transmit to the secretary of state, any transcripts of convictions had in courts of record, he shall also transmit to the said secretary, copies of all certificates of convictions made by any court of special sessions, and required by law to be filed with such clerk, which have thus been filed in the office of said county clerk, since the previous transmission of any transcripts by him. sheriff. 4. Within twenty days after the adjournment of any Report criminal court of record, the sheriff of the county in which such court shall be held, shall report to the secretary of state, the name, occupation, age, sex, and native country of every person convicted at such court, of any offence, the degree of instruction which each person so convicted has received, and all such other items of information in relation to such convicts and their offences, as the secretary of state shall require; which reports shall be made in such form as the said secretary shall prescribe. And to enable such sheriffs to make the said returns, they shall be authorized, by themselves and their deputies, to make all necessary inquiries of the persons convicted, before or after trial, and of the keepers of prisons where such convicts may be confined, and of all other perFor their services in the premises, as well for collecting statistics relating to convictions in courts of special sessions, such sheriffs shall be allowed a reasonable compensation by sons. PART IV. Report of sheriff. Report of clerk of general sessions. Duty of judges, &c. Penalty for omission. Secretary to publish this act. Repeal the board of supervisors of their respective counties as a county charge. $5. The respective sheriffs of the counties of Albany, Cayuga, Columbia, Dutchess, Erie, Kings, Monroe, New York, Oneida, Onondaga, Oswego, Rensselaer and Schenectady shall, on the first day of every month, transmit to the secretary of state a statement of the number of persons convicted in courts of special sessions, during the preceding month, in the respective cities of Albany, Auburn, Brooklyn, Buffalo, Hudson, New York, Oswego, Rochester, Poughkeepsie, Syracuse, Schenectady, Troy and Utica. Such statements shall specify the crimes, the whole number convicted, sex, age, nativity, married or single, degree of education, religious instruction, parents living or dead, whether before convicted or not of any crime, and whether temperate or intemperate. All courts in the city of New York having jurisdiction in cases where summary convictions are had, are hereby, for the purposes of this act, declared courts of special sessions, whether composed of one or more police magistrates. $6. The clerk of the court of general sessions of the peace in the city and county of New York, shall, within three days after the first day of each month, transmit to the secretary of state, a transcript of the entry of every conviction had during the preceding month in the special sessions of the said city and county, which transcripts shall contain the name of the offender, a description of the offence in such form as the said secretary shall prescribe, and the sentence upon each conviction. $ 7. Any justice or other judicial officer, before whom any person shall have been convicted of a criminal offence, other than in courts of record, shall furnish to the sheriffs of their respective counties all the information they can obtain, to enable such sheriffs to comply with the provisions of this act, and shall make such inquiries of the persons convicted before them, and of others, as the secretary of state shall direct. S8. Any sheriff, clerk or magistrate who shall neglect or refuse to conform to the provisions of this act, shall be liable to the penalty prescribed in the first section thereof. S 9. The secretary of state shall cause this act to be published in pamphlet form, together with the instructions for its execution, and shall cause the same to be distributed among the officers herein mentioned, the expense of which shall be paid by the treasurer, on the warrant of the comptroller. The secretary shall annually report to the legislature the results of the information obtained in pursuance of this act. $10. All acts and parts of acts inconsistent with the provisions of this act, are hereby repealed. CHAP. IX. CHAPTER IX. Foreign Convicts. CHAP. 230. AN ACT to prevent the introduction of foreign convicts. The People of the State of New York, represented in Senate and Assembly, do enact as follows: § 1. The master or commander of any ship, boat or other Penalty. vessel arriving from a foreign country, who shall knowingly bring any person, either as a passenger or hand, into any port, city, harbor or place within this state, with intent to land or to permit to land such passenger or hand, which passenger or hand shall have been or shall be a foreign convict of any felony, which if committed in this state would be punishable therein, shall be considered for such offence guilty of a misdemeanor, and shall be punished by fine or imprisonment; but such fine shall not exceed three hundred dollars, nor shall the imprisonment exceed one year for each offence. remitted. $2. The court before whom such conviction shall take May be place may remit the punishment referred to in the first section of this act, if satisfied that the said commander or master has re-conveyed said convict or convicts to the place from whence he took them, on payment of the costs of prosecution. V.-33 |