accounts pertaining to such jail or prison, or render them every other facility in their power to enable them to discharge the duties above prescribed, and to enable them to obtain any necessary information; the said inspectors shall have power to examine on oath, to be administered by any one of them, any of the keepers or officers of such prison or jails, and any person not under sentence confined therein, and to converse with any of the prisoners so confined, without the presence of the keepers thereof, or any of them.

§ 21. Such inspector or inspectors, after a careful and thorough examination and inspection of each jail and prison, shall immediately make a detailed report of the same, stating the condition of the same at the time of such inspection, the number of persons confined therein for the year ending at the date of such report, the causes of such confinement, the manner in which convicts confined in such jail or prison during that period have been employed, the number of persons usually confined together in one room, the distinction, if any, usually observed in the treatment of persons therein confined, the evils and abuses, if any, found to exist in the prison, and particularly whether any of the rules and regulations prescribed by the said board of inspectors or the provisions contained in title first of this act have been violated, so far as the information required in this section can be obtained from the records of said jail or prison, or otherwise.

§ 22. It shall be the duty of such inspector or inspectors to note and include in such report, or append thereto, any defect or defects he may deem to exist in the structure and arrangements of said jail or prison, and to suggest such improvements in the same as he may deem to be necessary to carry into successful operation and to ensure uniformity in the system by them adopted, and he or they shall then immediately leave with

the county judge of such county a duplicate copy of such report and suggestions, whose duty it shall be to file the same with the clerk of said county, and cause a copy thereof, and if he shall approve the same, or any part thereof, with such approval indorsed thereon, to be delivered to the clerk of the board of supervisors of said county.

§ 23. It shall be the duty of the clerk of the board of supervisors to present such report and suggestions (so indorsed by the county judge) to the board of supervisors at their next meeting, who are authorized and required to cause such alterations to be made in the plan and construction of the jail or prison of such county, and such additional rooms to be constructed as shall have been so suggested and approved by the county judge, and as shall be necessary to remedy such deficiencies, and to levy, and cause the expenses so to be incurred to be assessed upon the county as other county expenses are levied and assessed. In all cases where there shall exist any deficiency in room or apartments in such county jail or prison as is required for the classification named in this act, it shall be the duty of the supervisors to cause such deficiency to be supplied without unnecessary delay. (1)

§ 24. It shall be the duty of the board of inspectors, annually, on or before the fifteenth day of January in each year, to make an abstract report of their inspections of such county jails and prisons, to the Legislature, in which report shall be included, in tabular form, a summary of the record required, by the fifteenth section of this act, to be kept by the keepers of such county jails and prisons.

present a calendar courts.

to

§ 25. It shall be the duty of the keeper of every Keepers to prison enumerated in this title, to present to every court of oyer and terminer, and to every court of sessions (2)

(1) As amended by Laws 1849, ch. 331, § 2.
(2) "General sessions of the peace," in the original.

Persons confined

dicted

when to

be dis

charged.

to be held in his county, at the opening of such court, a calendar, stating:

1. The name of every prisoner then detained in such prison;

2. The time when such prisoner was committed, and by virtue of what process or precept; and,

3. The cause of the detention of every such person.

§ 26. Within twenty-four hours after the discharge but not in- of any grand jury by any court of oyer and terminer or court of sessions, (1)it shall be the duty of such court to cause every person so confined in such prison upon any criminal charge, who shall not have been indicted, to be discharged without bail, unless satisfactory cause shall be shown to such court for detaining such person in custody, or upon bail, as the case may require, until the meeting of the next grand jury in such county. (2).

Prisoners when not to be re

moved by writ of habeas

corpus.

Persons confined

for fines

charged, if unable to

pay.

§ 27. After the court of oyer and terminer shall commence its sittings in any county, no prisoner detained in the common jail of any such county, upon any criminal charge, shall be removed therefrom by any writ of habeas corpus, unless such writ shall have been issued by such court of oyer and terminer, or shall be made returnable before it. (3)

§ 28. When any person shall be confined in any may be dis- county prison for the non-payment of any fine not exceeding two hundred and fifty dollars, imposed for any criminal offense, and against whom no other cause of detention shall exist, on satisfactory proof being made to the county court of the county in which such prisoner may be confined, that he is unable, and has been ever since his conviction unable to pay such fine, the court may, in its discretion, order his discharge.

(1) "General sessions of the peace," in the original.

(2) 2 N. Y. 82.

(3) 15 Abb. Pr. R. N. S., 41; 61 Barb., 546; 2 Hun, 236; N. Y. S. C. R. (T. & C.), 477.

TITLE II.

Of the State Prisons.

Article 1. Of the custody and government of State prisons; the officers connected therewith, and their powers, duties and compen

sation.

2. Regulations concerning the labor of convicts and making of contracts for their employment and support.

3. Regulations concerning the disposition, treatment and conduct of prisoners.

4. Special provisions relative to one or more of the State prisons.

ARTICLE FIRST.

Of the Custody and Government of State Prisons; the Officers connected therewith; and their Powers,

Duties and Compensation.

Bection 29. State prisons; their several names.

30. To be under the charge of three inspectors.

31. Governor, power to remove inspectors for misconduct.
32. Inspector's term of office, when to commence.

33. First joint meeting and assignment of duties.

34. Enumeration of duties and powers of inspectors.

35. Inspectors may take affidavits, &c.

36. Duty of inspector in relation to prison assigned to him.

37. Suspension of officer until meeting of the board; to make

temporary appointments.

38. Agent and warden; salary.

39. Appointments and removals to be made in writing, &e.

40. Relatives not to be appointed.

41. Inspector not to be agent or contractor.

42. Officers to be apointed for each prison.

43. Warden, when to act as agent.

44. Inspectors and officers to take oath.

45. Agent to give bond.

46. Certain cells to be erected.

47. Certain convicts may be confined in solitary cells at labor.

48. Inspectors to visit such cells.

49. Duties of agents confined to financial affairs of prison.

50. Duties of agents enumerated.

51. Monthly accounts to comptroller, how to be made.

52. Fiscal transactions, how conducted.

53. Accounts to be audited by comptroller, &c.

54. The warden's duties confined to discipline and government of

prison.

55. His duties enumerated.

Three State prisons to be maintained.

And superintended

spectors.

Section 56. To execute duties of agent in case of vacancy.

57. Agent to act as warden in case of vacancy.

58. Clerk of prison to act as clerk of inspectors; his official bond. 59. Duties of the clerk enumerated.

60. Keeper's duties, to preserve proper discipline.

61. Powers and duties of the matron of the female convict prison. 62. Duties of chaplain enumerated.

63. Instructors, their duties; salary of instructress at female convict prison.

64. Chaplain to make quarterly reports, &c.

65. Duties of physicians enumerated.

66. Prison guards; their number.

67. Guards to be furnished with arms, &c.

68. Salaries of officers and guards of prisons.

69. Salaries to be paid by agent.

70. Traveling expenses audited and allowed.

71. Agent, wardens, &c., to support themselves.

72. Books of entries and accounts.

73. Clerks and keepers of prisons may take affidavits.

74. No officer of any prison to incur any debt.

75. Penalty for neglect to make statement.

76. Willful neglect of duty, a misdemeanor.

77. Duties of agent and warden.

78. Inconsistent laws repealed.

79. Sale of property on notice.

80. To keep a time-book.

81. Reports to be attested on oath.

82. Principal keeper at Clinton; salary, &c.

83. Reports to be made annually.

29. There shall continue to be maintained, for the security and reformation of convicts in this State, three State prisons; one at Sing Sing, in Westchester county; one at Auburn, in the county of Cayuga; and one at Clinton, in the county of Clinton; which prisons shall respectively be nominated the Sing Sing prison, the Auburn prison, and the Clinton prison.

§ 30. The State prisons shall be under the charge by three in- and superintendence of three inspectors, to be chosen at a general election, according to the provisions of the fourth section in the fifth article of the constitution of this State.

They may

be removed for misconduct.

§ 31. The governor shall have the power to remove every inspector so elected, for misconduct or malversation in office, giving to such inspector a copy of the charge against him, and an opportunity of being heard in his defense.