shall have their offices at the respective prisons, and be furnished with fuel and lights therefor. The superintendent shall fix the salaries of the other officers of each state prison, not exceeding the following sums: The principal keeper, two thousand dollars; the sergeant of the guard, twelve hundred dollars; the kitchen keeper, store keeper, hall keeper and yard keeper, each twelve hundred dollars; each keeper, one thousand dollars; each guard, nine hundred dollars; each teacher, three hundred dollars. The salaries of the other officers and employes shall be fixed by the superintendent, but that of the state detective shall not exceed the annual sum of eighteen hundred dollars. The salaries of all officers mentioned in this section shall be paid monthly. Such officers shall not receive any perquisites or endowments for their services other than the compensation provided therefor by law. [R. S., pt. IV, ch. 3, tit. II, §§ 32, 33, 35, as amended by L. 1889, ch. 382, and § 34, as amended by L. 1895, ch. 730. We have omitted the last sentence of § 32, relating to the auditing of accounts by the comptroller. The salaries of the keepers are increased from nine hundred to one thousand dollars, and the guards from seven hundred and eighty to nine hundred dollars. See state finance law.] 159. Official oaths.-The superintendent of state prisons and each officer of a state prison before entering on the duties of his office, shall take the constitutional oath of office and file the same in the office of the comptroller. [R. S., pt. IV, ch. 3, tit. II, § 37, as amended by L. 1889, ch. 382. See public officers law, § 10, for method of taking oath.] § 160. Undertakings.-The superintendent of state prisons shall execute an official undertaking in the sum of twenty-five thousand dollars, with sureties approved by the comptroller. The warden of each state prison and every other officer, when required to perform the duties of the warden, shall execute an official undertaking, with sureties approved by the superintendent and comptroller, in the sum of fifty thousand dollars. The comptroller may require such undertaking to be renewed at any time. Each clerk of a state prison shall execute an undertaking, with sufficient sureties approved by the comptroller, in the sum of twenty thousand dollars. Each principal keeper, store keeper, kitchen keeper, hall keeper and yard keeper of a state prison shall execute an undertaking with sufficient sureties approved by the superintendent of state prisons, in the sum of five thousand dollars. All such undertakings shall be filed in the office of the comptroller. [R. S., pt. IV, ch. 3, tit. II, §§ 36 (in part), 38, 39, as amended by L. 1889, ch. 382. Public officers law, §§ 11-13, provide the method of executing an official undertaking and prescribe the effect of a failure to so execute. We have, therefore, omitted the part of the sections here revised, relating to the form and effect of the undertakings required.] § 161. General duties of warden.-The warden of each state prison shall: 1. Attend regularly at such prison, and, subject to the authority of the superintendent, have the general supervision, government and control of the prison, of the subordinate officers and employes thereof, of the prisoners therein, and of the fiscal and business concerns thereof. 2. Observe and enforce the rules and regulations of the superintendent. 3. Examine diligently into the state of the prison, the conduct of the officers and employes thereof, and into the health, condition and safe-keeping of the prisoners. 4. Inquire into the justice of complaints made by the prisoners, relative to their provisions, clothing or treatment. 5. Make necessary rules and regulations for the government of the prison, not inconsistent with law or the rules and regulations of the superintendent. He shall cause such rules and regulations to be entered in a book and copies thereof to be printed and distributed to each of the officers and employes upon their appoint ment. 6. Cause a daily journal to be kept of the proceedings of the prison, which shall include each infraction known by him of the rules and regulations of the prison by an officer, the nature and amount of each punishment inflicted upon a prisoner, and by whom, and a memorandum of every well-founded complaint, made by a prisoner relative to bad or insufficient food, want of clothing, and cruel or unjust treatment by an officer. Such journal shall be open at all times to the examination of the superin. tendent and the commission, or an officer or member thereof. [R. S., pt. IV, ch. 3, tit. II, §§ 42, 43, as amended by Consolidated and rearranged, but without material change § 162. General duties of clerk-The clerk of each state prison shall: 1. Reside within one mile of the prison. 2. Conform to the disciplinary rules of the prison and perform his duties as prescribed by the comptroller. 3. Enter in a book, under appropriate columns, the name of each prisoner in alphabetical order, his age, nativity, place of birth, occupation, complexion, stature, crime, court and county of conviction, term of sentence, number of previous convictions, places of previous imprisonment, date and manner of discharge therefrom and such additional facts as the superintendent may require to be so entered.' 4. Make an entry of all money and other articles received by the warden from each prisoner, giving him credit therefor. 5. Make an entry in the books of the prison of all articles purchased for the prison, according to the bills received by the warden. If the articles received do not agree with the bills therefor, in weight, quantity or quality, he shall note in such books the discrepancy and notify the warden thereof. 6. Keep an account of the financial transactions of the prison. 7. Preserve in the prison a set of all official reports made to the legislature respecting the same, and a set of similar reports in relation to each of the other state prisons, which shall be supplied to him by the superintendent. 8. Annually report to the warden of such prison on the first day of November the number of prisoners remaining in prison on the last day of the previous September, the number received during the year ending at such time, the number paroled, the number discharged by expiration of sentence, habeas corpus, pardon or otherwise, the number of deaths and escapes, and the number transferred to any other penal institution during such year. 9. Make an annual report, verified by his oath, to the secretary of state, on or before the first of December, stating the names of prisoners discharged or pardoned from such prison during the year ending with the last day of the previous September, and the same particulars in relation to such prisoners as are required to be stated in the warden's monthly report to the superintendent, and, in cases of pardon, the time when granted, the remainder of the term of sentence at the time of pardon, and the conditions, if any, on which the pardon was granted, and the state of health of each prisoner so pardoned at the time of his discharge. The assistant clerk of each state prison shall assist the clerk in the performance of his duties, in conformity with the disciplinary rules and regulations of the prison, and under the direction of the comptroller. [R. S., pt. IV, ch. 3, tit. II, §§ 56, 57, as amended by L. 1889, ch. 382, without change in substance.] § 163. General duties of physician.-The physician of each state prison shall: 1. Reside within one mile of the prison. 2. Attend daily during the proper business hours of the prison, and hold himself in readiness at all times to discharge his duties as such physician, whenever directed by the warden, unless by the direction of the superintendent he is otherwise engaged in the transaction of business on account of the prison. 3. Examine weekly the cells of the prisoners for the pur. pose of ascertaining whether they are kept in a proper state of cleanliness and ventilation, and make a written report to the warden in respect thereto. 4. Examine daily into the quantity and quality of the food furnished to the prisoners, and immediately report, in writing, all deficiencies therein to the warden. |