§ 106. Inventory of penitentiary property.-The board of managers of each penitentiary shall cause an inventory to be made of the property belonging to the county in the penitentiary with an estimate of the value thereof, at such time and in such manner as they may deem advisable, but at least once in each year. Such inventory shall be transmitted to the board of supervisors with the annual report of the board of managers.

[New.]

§ 107. Officers and employes not to be interested in purchases. -No manager, superintendent, office or employe of a penitentiary shall be interested directly or indirectly in the furnishing of materials, labor or supplies for the use of the penitentiary, or in any contract made or entered into for the benefit or in behalf of such penitentiary.

[New]

§ 108. County contracts with penitentiaries.-The board of supervisors of a county may contract with the board of managers or other board, commissioner or officer, having charge of a penttentiary in another county, including the counties of New York and Kings, for the confinement and maintenance in such penitentiary of any person who may be sentenced thereto for a term of sixty days or more, by any court or magistrate in such county.

A notice of the making of such contract and of the period of its continuance shall be published once in each week for at least four consecutive weeks in at least two newspapers published in the county making such contract, and also in the county where such penitentiary is situated.

[L. 1859, ch. 289, § 1,

without change in substance.

See County Law, § 12, sub. 11.]

§ 109. Convicts sentenced to penitentiaries for felonies.-The superintendent or other officer having charge of a penitentiary, including a penitentiary within the city of New York shall not receive a convict sentenced thereto for a single offense for a term of more than one year, nor any person convicted of felony, except a male convict between the ages of sixteen and twenty-one years, sentenced for not more than a year.

All prisoners in a penitentiary, including a penitentiary within the city of New York, when this chapter takes effect, sentenced thereto by the courts of this state for an offense punishable by imprisonment in a state prison, shall continue to be maintained therein at the expense of the state until the expiration of their respective terms. The state shall pay for the maintenance of all prisoners sentenced thereto for a felony the sum of thirty cents per day.

[By the Penal Code, § 699, as amended by L. 1896, ch. 553, §§ 703, 704,

it would seem that all persons convicted of a felony should be imprisoned in a state prison, unless the term of imprisonment is fixed at less than one year, or the person convicted is between the ages of 16 and 21. The amendment made to § 699 by L. 1896, ch. 553, was probably intended to supersede, § 1 of L. 1875, ch. 571, as amended by L. 1895, ch. 372, and L. 1875, ch. 529.

We have attempted to make clear in this section the evident extent of the legislature to provide for the maintenance of all state convicts in state prisons. It is desirable that misdemeanants be separated from felons; to bring this about we have provided in effect that no person shall be sentenced to a penitentiary for a term of more than one year.]

§ 110. Payments to discharged prisoners sentenced for felonies. The superintendent of each penitentiary shall furnish to each prisoner sentenced thereto for a term of more than one year, for an offense punishable by imprisonment in a state prison, upon his discharge therefrom, by pardon or otherwise, necessary clothing not exceeding twelve dollars in value, except for the time between the first day of November and the first day of April, when clothing not exceeding eighteen dollars in value may be given. He shall also pay to such prisoner the sum of five dollars, and the further sum of four cents for each mile to be necessarily traveled by such prisoner in traveling by the shortest route from the penitentiary to his place of residence, if within the state, and if not, to the place of his conviction. The amount expended by the penitentiary in carrying out the provisions of this section shall be a charge upon the state. This section applies to the penitentiaries within the city of New York.

[L. 1879, ch. 471,

without material change.

After the discharge of the prisoners confined in the penitentiaries at the expense of the state at the time of the taking effect of this chapter, this section will become obsolete.]

§ 111. Imprisonment of tramps.-All tramps sentenced to a penitentiary as prescribed by the penal code shall be supported and maintained therein at the expense of the state at a rate of thirty cents per day per capita. This section applies to a penitentiary within the city of New York.

[L. 1885, ch. 490, § 1, as amended by L. 1891, ch. 115, § 1, in part.]

§ 112. Auditing of penitentiary accounts against the state.The superintendent of each penitentiary including a peniten

tiary within the city of New York, shall annually on the thirteenth day of September return to the state comptroller a detailed statement showing the amount due such penitentiary for the maintenance of prisoners sentenced thereto for offenses punishable by imprisonment in a state prison, for expenditures for clothing, payments to and transporation of discharged prisoners and for the support and maintenance of tramps sentenced thereto as provided by law. Such statement shall be verified by the oath of the superintendent and set forth:

1. The name of each prisoner sentenced thereto for offenses punishable by imprisonment in a state prison, the offense of which he was convicted, the date of his conviction, the term for which he was sentenced and date of his reception in the penitentiary.

2. The name of each prisoner discharged with the date of such discharge and the facts in relation to such prisoner required by the preceding subdivision.

3. The name of each tramp for the support of whom the state is chargeable, with the name of the committing magistrate, the date and place of his commitment, and the date of his reception in the penitentiary and the date of his discharge.

The comptroller shall audit and allow the amount found to be due such penitentiary under the provisions of this article, and draw his warrant therefor on the state treasurer in favor of the superintendent of such penitentiary, payable from any money in the state treasury appropriated for that purpose.

[This section retains the present method of auditing penitentiary accounts against the state. The sections of the present statutes relating to the payment of charges against the state for the maintenance of prisoners in penitentiaries, etc., are consoli

dated without material change. See L. 1875, ch. 571, § 3, as amended by L. 1895, ch. 372 and L. 1879, ch. 471, §§ 2 and 3.]

ARTICLE V.

REFORMATORIES.

Section 120. Location and names of state reformatories.

121. Board of managers.

122. General powers and duties of managers.

123. Appointment and removal of officers and employes.

124. Compensation of officers and employes.

125. Oaths and bonds.

126. General duties of superintendent.

127. Financial agent, powers and duties.

128. General duties of chaplain.

129. General duties of physician.

130. Powers and duties of treasurer.

131. Monthly estimates of expenses; contingent fund.

132. Monthly statements of receipts and expenditures. 133. Affidavit of superintendent; vouchers.

134. Purchases.

135. Transportation of convicts to reformatories.

136. Transfer of prisoners to state prisons.

137. Transfers from state prisons to reformatories.

138. Transfer from one reformatory to another.

139. Control and discipline of prisoners.

140. Register of prisoners.

141. Parole of prisoners.

142. Rules and regulations.

143. Marks for good conduct; records filed with secre

tary of state.

144. Absolute release from imprisonment.