the clerks of the prison, in books, provided for that purpose. Such books shall contain a regular and correct account of all moneys received and paid out by him by virtue of his office, including all moneys taken or received from convicts, or as the proceeds of the sale of property taken from them, and the names of the persons to whom and purposes for which payments were made. Such books shall be open for examination by the superintendent or the comptroller or a person authorized by either of them. [R. S., pt. IV, ch. 3, tit. II, § 44, as amended by L. 1889, ch. 382, without change in substance.] § 172. Collection of debts.-The warden of each state prison shall enforce the payment of all debts due to the prison under his charge. Subject to the approval of the superintendent of state prisons, he may accept such security from any debtor, on granting him time, as he may deem conducive to the best interests of the state. He may, in his name of office, institute actions and proceedings in all matters relating to the prison, and may recover all sums of money due to him, as such warden, or to any former warden of the prison, or to the people of the state on account of such prison. In such an action or proceeding, the defendant shall not plead or give in evidence any offset action, or matter by way of recoupment or counter-claim, except for payments made and not credited, nor recover any judgment in such action or proceeding against such warden, other than for costs. and disbursements therein. [R. S., pt. IV, ch. 3, tit. II, § 5, as amended by L. 1889, ch. 382, without material change. § 173. Payments by warden or other officer.-No warden or other officer of a state prison shall give a note, draft or other evidence of a debt in payment for any article purchased for such prison, except a check on the bank, designated by the comptroller for the deposit of the moneys of such prison, and such checks and drafts as are authorized by law. No such warden or other officer in his official capacity shall sign or endorse a negotiable instrument for the purpose of having the same negotiated. [R. S., pt. IV, ch. 3, tit. II, § 63, as amended by L. 1889, ch. 382, without change in substance.] § 174. Monthly estimates of expenses.-The warden shall make and submit to the superintendent on the first day of each month, an estimate in minute detail, of the necessary expenses for the support and maintenance of the prison under his charge during such month. The superintendent may revise such estimate by reducing the amount thereof, and shall certify that he has carefully examined the same, and that the articles contained in such estimate, or in such estimate as so revised by him, are actually required for the use of the prison. The superintendent shall thereupon present such estimate and certificate to the comptroller, who shall authorize the warden to make a draft for the sum thus certified, or any part thereof, which shall be paid by the treasurer upon the warrant of the comptroller. The warden shall not make purchases on behalf of the state, not included in the estimate so certified, except for industrial purposes. [R. S., pt. IV, ch. 3. tit. II, § 46, as amended by L. 1889, ch. 382, without change in substance. § 175. Contracts for supplies-The warden shall supply provisions and other suitable articles for the maintenance of the prison, either by contract or by purchase, as directed by the superintendent. If the superintendent shall direct that such supplies be obtained by contract, the warden shall cause notice to be published in a newspaper printed in the county in which such prison is situated and in such other newspapers and for such time as the superintendent shall direct, stating the particular supplies wanted, the manner in which they are to be delivered and the time during which proposals for furnishing the same will be received by each warden, subject to the approval of the superintendent. Contracts shall be made by the warden with those persons whose proposals in pursuance of such action are most advantageous to the state, and who shall give satisfactory secur ity for the performance of their contracts, unless the superintendent shall deem it expedient to decline all proposals and advertise anew. The articles of food and the quantities of each kind shall be prescribed by the superintendent and inserted in the contract. All contracts made under this section shall be in writing and signed in triplicate by the parties. One of such triplicates shall be retained by the contractor, one shall be filed with the clerk of the prison and the other transmitted to the superintendent. [R. S., pt. IV, ch. 3, tit. II, § 52, as amended by L. 1889, ch. 382, without change in substance.] $176. Vouchers.-The warden shall take receipted bills for all goods purchased and services rendered for such prison, at the time of making payment therefor. The person to whom any such bill shall be paid shall make at the time of the payment an affida vit to the effect that the articles and services specified in such bill were actually furnished or rendered, as charged; that neither the warden, nor any person for him, or in his behalf, had any pecuniary or other interest in such articles or services or in the profits thereof; and to the best of his knowledge and belief no commissions, presents or profits, directly or indirectly, connected therewith, have been paid or promised to the warden or to any other person in behalf of or upon the request of the warden; that such bill represents the correct amount due, that the articles included in such account were sold at fair cash market prices, and that he has actually received the full amount in cash from the warden. Such affidavit shall be annexed to each bill paid. [R. S., pt. IV, ch. 3, tit. II, § 55, as amended by L. 1889, ch. 382, without change in substance.] § 177. Weekly bank deposits; statement of warden.-The warden shall deposit at least once in each week, to the credit of the treasurer of the state, in such banks as may be designated by the comptroller, all moneys received by him as such warden, except the proceeds of the labor of prisoners and of the sales of articles manufactured by them. He shall send a weekly statement to the comptroller and to the superintendent showing the amount so received and deposited, and when, from whom and for what received, and the days on which such deposits were made. There shall be attached to such statement the certificate of the proper officer of the bank receiving such deposits, showing the dates and amounts of such deposits. The warden shall annex to such statement his affidavit that the sum so deposited is all the money received by him from all sources of prison income, except proceeds of the labor of prisoners and of the above-mentioned sales, during the week and up to the time of the last deposit appearing in such statement. A bank in which such moneys are deposited shall, before receiving such moneys, file a bond with the comptroller, approved by him, in such sum as he shall deem necessary. [R. S., pt. IV, ch. 3, tit. II, § 45, as amended by L. 1880, ch. 382, without material change.] § 178. Monthly reports of warden to comptroller.-On the first day of each month the warden shall make and submit to the comptroller an itemized statement of the receipts and expendi tures of the prison under his charge during the preceding month, with proper vouchers. The comptroller shall enter his dissent on any voucher objected to by him, and return it to the warden, who shall cause it to be immediately corrected and returned. Such statement shall be verified by the affidavit of the warden to the effect that he has deposited in the banks designated by law for that purpose, all the moneys received by him, belonging to the state during such month; that such statement is a true abstract of all the moneys received and paid out by him as such warden, during such month; that the articles therein specified as purchased, were purchased and received by him at such prison at fair cash market prices, and paid for in cash; that neither he nor any person in his behalf had any pecuniary or other interest in the articles purchased and that he has not received, directly or indirectly, any pecuniary or other benefit therefrom in the way of commissions, percentages, deductions or presents, or in any other manner whatever, nor any promise of future payments, presents or benefits. The affidavit of the clerk of the prison shall also be appended thereto, to the effect that the articles specified in such statement as purchased were received at the prison, and |