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PART II.

same, passed March thirtieth, eighteen hundred and thirtyseven, and so much of title eight, chapter second, article thiri, and part fourth of the Revised Statutes, as relates to the fees of district attorneys, and as is inconsistent with the provisions of this act, are hereby repealed. Ante, vol. 2, p. 777.

$ 9. This act shall not extend to such counties as having no taxing officer residing therein, or where the district attor ney is the only taxing officer.

Certain counties excepted.

of certain

CHAP. 195.
AN ACT for the reimbursement to counties of the expenses

of criminal proceedings in certain cases.

Passed April 12, 1853; three-fifths being present. The People of the State of New York, represented in Senato

and Assembly, do enact as follows: Expenses $ 1. Whenever, under the order of any court of competent trials, how jurisdiction, the pleadings and issue in any indictment or paid.

prosecution for any crime or misdemeanor shall have been sent down to any county in this state for trial therein, in consequence of any inability to obtain an unprejudiced or impartial jury in the county in which the venue was originally laid, the expenses of the trial of said in-lictment or prosecuition shall be a charge upon the county from which the same was transferred; and in case they shall have been assessed on any county in which any such issue shall have been determined, the same, with interest thereon, shall be reimbursed to the treasury of such county by the county treasurer in the county from which such proceedings have been sent down, and the board of supervisors of the county liable to pay such expenses as aforesaid are hereby authorized to include the same in their annual levy of taxes.

CHAP. 254.
AN ACT empowering the boards of supervisors in the

respective counties of this state, to fix and determine the
compensation to be allowed for the conveyance of
juvenile delinquents to houses of refuge, and insane
criminals to insane asylums.

Passed April 12, '1859; three-fifths being present. The People of the State of New York, represented in Senato and Assembly, do enact as follows:

$ 1. The boards of supervisors in the respective counties of

this state are hereby empowered, and it shall be their duty, pensation annually to fix and determine the compensation to be allowed

Boards of supervisors to deter

CHAP. II.

and paid to officers for the conveyance of juvenile delinquents to the houses of refuge, and of lunatics to the insane asylums, and no other or greater amount than that so fixed and determined shall be allowed and paid for such service.

S 2. So much of the seventeenth section of chapter two, title Conflicting eiglit, part four of the Revised Statutes, as is inconsistent repealed. with the provisions of this act, as well as all other laws condicting herewith, are hereby repealed.

Ante, vol. 2, p. 779.

CHAP. 496.
AN ACT in relation to the compensation of justices of

sessions.

Passed April 19, 1859 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $ 1. The compensation of justices of sessions is hereby Pay of

justices of established at three dollars for each day's attendance at any sessions. court of sessions or court of oyer and terminer, held in and for any county in this state, and said justices of sessions shall be entitled to the further sum of five cents per mile for traveling expenses in coming to and returning from said courts.

.

CHAP 136.
AN ACT in relation to the fees of grand and petit jurors.

Passen March 31, 1860; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. The first section of chapter one hundred and seventy- Chapter 178 six of the Laws of eighteen hundred and fifty-eight, is hereby 1858, amenamended so as to read as follows:

$ 1. The several boards of supervisors in this state, except compensathe county of Kings, may at their first or any subsequent jurors. meeting after the passage of this act, direct a sum, not exceeding one dollar and fifty cents a day, to be allowed to every grand and petit juror for attending the courts of record held within the several counties, in addition to other fees which such jurors may receive; and they may also direct an allowance to be made to such jurors for traveling in coming to and returning from such courts, not exceeding five cents a mile. Such money shall be raised in the same manner as other county charges are by law raised and collected.

Ante, vol. 4, p. 601. Post, vol. 6, p. 303.

PART IV,

CHAP. 372. AN ACT to regulate the fees of associate justices of the peace in criminal causes and in cases of bastardy.

Passed April 19, 1862; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. Whenever any justice of the peace shall be associated with any other justice of the peace in the trial or examination of any criminal cause, or in cases of bastardy, the compensation of such justice of the peace so associated, shall be two dollars for each day actually and necessarily devoted to such service.

Pay of justice.

CHAPTER III.

Jails and State Prisons.

CHAP 331.
AN ACT to amend “An act for the better regulation of

the County and State Prisons of the state, and consoli-
dating and amending the existing laws in relation there-
to," passed December 14, 1847.

PASSED April 10, 1849; "three-fifths being present." The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. So much of the first and second articles of title first of the act entitled "An act for the better regulation of the county and state prisons of the state, and consolidating and amending the existing laws in relation thereto," passed December 14, 1847, as requires the inspectors of state prisons to visit and examine county jails, is hereby repealed.

[ 2 amends & 23. Ante, vol. 2, p. 783.]

Repeal.

CHAP 171.
AN ACT relative to State Prisons.

Passed April 23, 1836. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 6. In cases where convicts shall be sentenced to be imprisoned in the state prison for a longer period than two

Expiration of sentence.

CUAP. IIL

years, the court before whom the conviction sball be had sball so limit the time of sentence that it will expire between the month of March and the month of November, unless the exact period of the sentence may be fixed by law.

CHAP. 21.
AN ACT in relation to the liberties of jails.

Passed February 18, 1851. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

The county courts of this state shall possess the same pow- Power of ers and jurisdiction in their respective counties in relation to court. the liberties of jails, as were vested in courts of common pleas by article third, title six, chapter seven, part three of the Revised Statutes.

CHAP. 163.
AN ACT to incorporate the Prison Association of New

York.

Passed May 9, 1846 ; by a two-third vote. The People of the State of New York, represented in Senato and Assembly, do enact as follows:

S 6. The said executive committee by such committees as Persons they shall from time to time appoint, shall have power, and visited and it shall be their duty to visit, inspect and examine, all the examined. prisons in the state, and annually report to the legislature their state and condition, and all such other things in regard to them as may enable the legislature to perfect their government and discipline. And to enable them to execute the powers and perform the duties hereby granted and imposed, they shall possess all the powers and authority that by the twenty-fourth section, of title first, chapter third, part fourth of the Revised Statutes are vested in the inspectors of county prisons, and the duties of the keepers of each prison that they may examine shall be the same in relation to them, as in the section aforesaid, are imposed on the keepers of such prisons in relation to the inspectors thereof; provided that no such examination or inspection of any prison shall be made until an order for that purpose to be granted by the chancellor of this state, or one of the judges of the supreme court or by a vice chancellor or circuit judge, or by the first judge of the county in which the prison to be examined shall be situate shall first have been had and obtained, which order shall

PART IV.

specify the name of the prison to be examined, the names of the persons members of the said association by whom the examination is to be made, and the time within which the same must be concluded.

cry to be returned.

when cop

CHAP. 324.
AN ACT in relation to the Clinton State Prison.

Passed May 13, 1846.
The People of the State of New York, represented in Senate

and Assembly, do enact as follows : Insane con

§ 1. Whenever the physician of either of the state prisons victs to be in this state shall duly report to the agent thereof that any asylum, convict confined therein is insane, it shall be the duty of said

agent to cause such insane convict to be removed to the New York state lunatic asylum, in the county of Oneida, and the officers having charge of said asylum shall receive such insane convict and retain him therein, at the expense of the state, so long as he shall continue insane.

See Laws of 1858, ch. 130. Post, p. 242. On recny. $ 2. If such insane person shall recover from his insanity

before the expiration of the term for which he was sentenced, the agent of the prison shall cause such convict to be returned

to such prison. Ir insane $ 3. But if the said agent shall have reason to believe that victed. gov.

said convict was insane at the time he committed the offense ernor to be for which he was sentenced, the said agent shall, in writing,

communicate to the governor the reason for such opinion, and refer the governor to all the sources of information with which said agent may be acquainted, in relation to the insanity of

said convict. Money to S 4. The agents of the several state prisons in this state convicts on are hereby required to pay, out of any moneys appropriated

for the support of their respective prisons, to each convict, on charged.

his discharge therefrom, the sum of three cents for each and every mile it may be necessary for such convict to travel in order to reach the place of his conviction, such distance to be estimated by the nearest mail route.

S 5. The state prison at Auburn and the state prison at be credited Mount-Pleasant shall have credit on the books of the compthe use of troller for the value of cloth or clothing which have been prison. manufactured, or which shall hereafter be manufactured, in

conformity to law, for the use of the state prison at Clinton, on making specific returns thereof, verified as to quantity and value, by the affidavit of the agent of the prison manufacturing the same; and shall be paid by the treasurer on the warrant of the comptroller, out of any moneys in the treasury belonging to the general fund not otherwise appropriated, to

being dis

Prisons to

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