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of each section, is a reference to the law from which the section is

derived.]

§ 150. Location and names of state prisons.-There shall continue to be maintained for the security and reformation of male convicts in this state, three state prisons; one at Sing Sing, in Westchester county; one at Auburn, in Cayuga county; and one at Dannemora, in Clinton county, which prisons shall respectively be denominated the Sing Sing prison, the Auburn prison and the Clinton prison; and for the security and reformation of female convicts in this state, the state prison for women at Auburn.

[R. S., pt. IV, ch. 3, tit. II, § 29, as amended by

L. 1889, ch. 382,

without material change.

The word "male" is inserted. The state prison for women was established by L. 1893, ch. 306, and in that act it was provided that all women convicted of felony were to be sentenced to such prison. See article XII.]

§ 151. Superintendent of state prisons; compensation and expenses. The superintendent of state prisons shall be appointed in the manner and for the time prescribed by section four of article five of the constitution, and shall perform the duties and possess the powers set forth in such section. He shall be paid an annual salary of six thousand dollars, and all reasonable and necessary expenses incurred by him personally in the discharge of his official duties. He shall file, monthly, with the comptroller an itemized and verified account of his personal and office expenses. [R. S., pt. IV, tit. II, § 31, as amended by

L. 1889, ch. 382.

The clause fixing the amount of office expenses of the superin

tendent is omitted. The legislature each year appropriates for such expenses without regard to the limitation expressed in this statute.]

§ 152. Office and clerical force of the superintendent.-The superintendent of state prisons shall have his office in the city of Albany. He may appoint a chief clerk and such assistants as he may need and fix their compensation. He may delegate to his chief clerk authority in his absence to certify estimates to the comptroller, to sign orders for the transfer of convicts, to approve vouchers covering expenditures made by the wardens and by the medical superintendents of the Matteawan State Hospital for Insane Criminals and the Dannemora Hospital for Insane Convicts, when completed and ready for occupancy, and to conduct inves tigations in matters pertaining to the institutions under his charge. The chief clerk may administer oaths and take affidavits in all matters relating to the affairs of the state prisons. [R. S., pt. IV, ch. 3, tit. II, §§ 40, 65, in part as amended by L. 1889, ch. 382,

without change.]

§ 153. General powers and duties of superintendent.-The superintendent of state prisons shall:

1. Have the general supervision, management and control of the state prisons and the convicts therein, and of all matters relating to their government, discipline, contracts and fiscal con

cerns.

2. Inquire into all matters connected with such prisons.

3. Makes rules and regulations, not inconsistent with law, for the government and discipline of each prison and of the officers and employes thereof, except the clerks and assistant clerks, and

cause the same to be recorded by the clerk of the prison and a printed copy thereof to be furnished to each officer thereof upon his appointment.

4. Prescribe a uniform system of accounts and records to be kept at each prison.

5. Have power to require reports from the warden or other officers in relation to their conduct as such officers.

6. Inquire into any improper conduct alleged to have been committed by an officer or employe of either of such prisons.

7. Have power to take proofs and hear testimony, under oath, in any investigation or inquiry which he is authorized to conduct, and may issue subpoenas for the attendance of witnesses and the production of papers thereat.

8. Have power to administer oaths and take acknowledgments in all matters relating to the state prisons.

[R. S., pt. IV, ch. 3, tit. II, § 40, as amended by

L. 1889, ch. 382,

without material change, except that the duties and powers are expressed in subdivisions.]

§ 154. Annual report of the superintendent.-The superintendent of state prisons shall, on or before the tenth day of January in each year, report to the legislature in writing the condition of each of the prisons for the year ending with the last day of the previous September, specifying the number of convicts confined during such year, and for what offenses; the number transferred from any prison; the moral, intellectual and physical condition of the prisoners and how employed; the amount of money expended during such year, and how, in detail; the amount of money earned during such year, and how, in detail; the amount paid into the treasury during such year, and such

other matters as may seem pertinent and proper in the judgment

of the superintendent.

[R. S., pt. IV, ch. 3, tit. II, § 41, as amended by

L. 1889, ch. 382,

without material change.]

§ 155. Officers and employes.-There shall be in each prison: 1. A warden, physician and chaplain to be appointed by the superintendent and removed by him when, in his judgment, the public interests so require.

2. A clerk and assistant clerk, to be appointed by the comptroller.

3. A principal keeper, a store keeper, a kitchen keeper, a hall keeper, a yard keeper, and a sergeant of the guard, to be appointed and removed for cause by the warden, subject to the approval of the superintendent.

4. Keepers, guards, teachers and employes to be appointed by the warden, subject to the approval of the superintendent. The number of such keepers, guards, teachers and employes shall be fixed by the superintendent. He shall also determine the num

ber to reside at each prison.

There shall not be more than one

keeper and one guard for each twenty-eight prisoners.

[R. S., pt. IV, ch. 3, tit. II, § 30, as amended by
L. 1889, ch. 382,

without material change in substance.]

§ 156. State detective.-The warden of Sing Sing prison may appoint, with the advice and consent of the superintendent, a state detective, who shall be located at such prison and be a keeper thereof.

[R. S., pt. IV, ch. 3, tit. II, § 34, last two sentences as amended by L. 1895, ch. 730.]

§ 157. Qualifications of officers and employes. No person shall be appointed as an officer in a state prison because of political services or partisanship. Each person so appointed shall be honest, capable and adapted to the work which he is required to perform and shall be over twenty-one years of age and a citizen of the state. No person shall be so appointed who is addicted to the use of intoxicating liquors. An officer or employe of a state prison who is intoxicated while on duty, shall be at once removed.

If an officer knowingly appoints a person to an office in a state prison, contrary to the provisions of this section, or fails to remove an officer or employe who to his knowledge has been intoxicated while on duty, it shall be a sufficient cause for his removal from office.

[The substance of this section, except that relating to intoxication of prison officials, is contained in R. S., pt. IV, ch. 3, tit. II, $ 30, sub. 3.]

$158. Compensation of officers of state prisons.-The warden of each state prison shall be paid an annual salary of three thousand five hundred dollars, and his necessary expenses while traveling on official business. He shall reside at the prison in the house connected therewith, be provided with furniture, fuel and lights at the expense of the state, and be allowed rations from the prison stores for himself and family, and the services of such prisoners as may be required for household duty.

There shall be paid by the state to the physician, clerk and chaplain of each state prison, an annual salary of two thousand dollars, and to each assistant clerk, an annual salary, to be fixed by the comptroller, not exceeding fifteen hundred dollars. They

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