that the cost of his support and maintenance should be a charge upon that county in the same manner as a person awaiting trial for a capital offense. He should, therefore, be removed to the county where his new trial is to be had, without delay.] § 242. Where and how executed.-The punishment of death must be inflicted within the walls of the state prison designated in the warrant, or within the yard or enclosure adjoining thereto. Such punishment must be inflicted by causing to pass through the body of the convict a current of electricity of sufficient intensity to cause death, and the application of such current must be continued until such convict is dead. [Code Crim. Pro., §§ 505, 506, without change.] § 243. Apparatus for executions. The superintendent may cause electrical apparatus suitable and sufficient for the infliction of the punishment prescribed by this article, together with the machinery and appliances necessary therefor to be erected and kept in repair in each of the state prisons. [L. 1889, ch. 36, § 1.] § 244. Time of execution.-The sentence of death shall be executed by the warden of the state prison to whom the warrant is executed at the time fixed by him within the week specified in such warrant. No previous announcement of the day or hour of the execution shall be made, except to the persons who shall be invited or permitted to be present at such execution as provided in this article. [Code Crim. Pro., § 504, last sentence without change in substance." § 245. Who may be present at an execution.-The warden shall be present at the execution of a death sentence. He shall invite the presence thereat of a justice of the supreme court, the district attorney and sheriff of the county where the person to be executed was convicted, two physicians and twelve reputable citizens of full age to be selected by such warden. At least three days previous notice shall be given to such persons of the time of the execution. Such warden shall permit, at the request of the convict, not more than two ministers, priests or clergymen of any religious denomination to be present at the execution. He shall also appoint, in addition to the persons above designated, seven assistants or deputy sheriffs who shall attend the execution. He shall permit no other persons to be present at such execution. [Code Crim. Pro., § 507, in part, § 246. Disposition of body of convict.-Immediately after the execution, a post mortem examination of the body of the convict may be made by the physicians present at the execution. They shall make a written statement of the nature of any examination made, and present the same to the warden. After the execution and after the post mortem examination, if one be made, the body shall be placed at the disposal of the relatives of the deceased convict, if they so desire. If the body is not claimed by such relatives, it shall be interred in the graveyard or cemetery attached to the prison, with a sufficient quantity of quicklime to consume such body without delay. Religious or other services may be held over such body within the walls of the prison where the execution took place, but only in the presence of the prison offi cers, the person conducting the services and the immediate family and relatives of the deceased convict. [Code Crim. Pro., § 507, in part, without material change, except that it is proposed that the post mortem examination be made permissive. There is no longer reason for requiring absolutely a post mortem examination in every case. It was originally required to ascertain the effect of an electrical execution upon the body of an executed convict.] § 247. Warden's certificate after execution.- The warden attending the execution must execute a certificate stating the time and place of such execution and that the convict was then and there executed in conformity with the provisions of this article and the code of criminal procedure. Such certificate shall be signed by all the persons present and viewing the execution. There shall be attached to such certificate the physician's statement of the post mortem examination. Such certificate and statement shall be filed, within ten days after the execution, in the office of the clerk of the county in which the conviction was had. [Code Crim. Pro., § 508, without change in substance.] § 248. Disability of warden to execute death sentence.-If the warden to whom a death warrant is directed is unable by reason of illness or other sufficient cause, to execute a sentence of death, the principal keeper or other officer of the same prison desigated by the warden or the superintendent of state prisons, shall execute such sentence, and perform all the other duties imposed by this article upon such warden. [Code Crim. Pro., § 509, without change in substance.] § 249. Violation of article a misdemeanor.-Any person who shall violate or omit to comply with the provisions of this article is guilty of a misdemeanor. [Code Crim. Pro., § 507, last sentence.] ARTICLE XII. STATE PRISON FOR WOMEN. Section 250. State prison for women a department of Auburn state prison. 251. Officers and employes. 252. Salaries. 253. Matron and assistant matrons. 254. Storekeeper; compensation and undertaking. 255. Physician and chaplain. 256. Sentence of women convicts; transportation. 257. Children of women convicts. [General note.-This article is a proposed re-enactment of L. 1893, chap. 306, providing for the establishment and maintenance of the state prison for women.] § 250. State prison for women a department of Auburn state prison. For the purposes of government and management, other than as provided in this article, the state prison for women at Auburn shall be deemed a department of Auburn prison. The accounts, records and reports of such prison shall be kept separate and distinct from those of Auburn prison. The warden of Auburn prison under the direction of the superintendent shall have the same management and control of such prison as is now conferred upon him by law over the Auburn prison and the prisoners confined therein. The provisions of the preceding articles applicable to state prisons are to be applied to the state prison for women, except as they are inconsistent with the provisions of this article. [L. 1893, ch. 306, §§ 1, 2, 12, 13, re-enacted without change of substance. The last sentence is new.] § 251. Officers and employes.-The superintendent shall appoint a matron of such prison and he may remove her from office whenever, in his judgment, the public interests so require. He shall determine the number of assistant matrons, not exceeding one for each twenty prisoners, and the number of guards, not exceeding four, sufficient for the safe-keeping and improvement of prisoners and the maintenance of discipline. The warden of Auburn prison shall appoint and may at pleasure remove with the approval of the superintendent such assistant matrons and guards. [L. 1893, ch. 306, §§ 3 and 6, in part, § 252. Salaries.-The annual salaries of such officers shall be fixed by the superintendent, and shall not exceed the following sums: The matron, twelve hundred dollars; the assistant matrons, three hundred dollars; and the guards, five hundred dollars. Such salaries shall be paid monthly. Such officers shall not receive any compensation for their services in addition to such salaries. [L. 1893, ch. 306, without change in substance.] |