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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.
PASSED May 13, 1846.
and Assembly, do enact as follows : Ingane 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. On recov. $ 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. If 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
$ 4. The agents of the several state prisons in this state be paid to
are hereby required to pay, out of any moneys appropriated being dis for the support of their respective prisons, to each convict, on
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. Prisons to
$ 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
the order of the inspectors of the state prison entitled thereto, CHAP. I. whenever it shall become necessary to pay the expenses of such prison.
$ 6. The agent of the Clinton state prison is hereby autho- Appropriarized to draw from the income of the literature fund the sum books. of three hundred dollars, to be expended in the purchase of books for the use of the convicts in said prison; and the said agent shall, in his next annual report, furnish a catalogue of the books so purchased, with the prices paid for the same.
$ 7. The agents of the several state prisons in this state are ib. hereby authorized during each and every year subsequent to the present, to draw from the income of tbe literature fund the sum of one hundred dollars each, to be expended in the purchase of books for the use of the convicts in the respective prisons.
$ 8. Each of the assistant keepers in the Clinton state Salary of prison shall be entitled to receive a salary of five hnudred keepers. dollars a year, payable monthly.
$ 9. So much of the act to amend “ An act in relation to Repeal. state prisons, passed May 1, 1844,” passed April 16, 1845, as relates to the imposition of a tax upon lands adjacent to any road that may be constructed from said prison to the navigable waters of Lake Champlain is hereby repealed.
CHAP 497. AN ACT in relation to the transportation of convicts to the state prisons and houses of refuge.
PASSED December 15, 1847. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
$1. So much of the Revised Statutes, as prescribes the Repeal. compensation of sheriffs for transporting convicts to the several state prisons of this state, is hereby repealed.
$ 2. From and after the passage of this act, the compensa- Allowance tion for the transportation of convicts to the several state prisons and houses of refuge, shall be as follows:
For every day necessarily spent by each sheriff, or other person by him deputed, for such service in transporting any convict or convicts to either of said prisons, and returning, the sum of three dollars; and for transporting any convict or convicts, to the houses of refuge for juvenile delinquents, three dollars; and for every day thus spent by each and every assistant necessarily employed by such sheriff, for the safe keeping and transmission of such convicts, the sum of one dollar and fifty cents; such convicts in all cases to be conveyed by the most direct and expeditious route and mode practicable.
PART IV. Account to
$ 3. On the delivery of such convict or convicts to the be rendered keeper of such prison, or superintendent of such house of Ing convicts refuge, the sheriff or other person having charge of the same,
shall make and render to the agent, keeper or clerk of the prison, or superintendent of such house of refuge, an account of the number of days spent in coming, and the estimated time necessary in returning home, and the amount actually by him expended for the traveling expenses and sustenance of himself, his assistants, and the convicts in charge in coming to said prison or house of refuge, and the estimated like expenses in returning ; which account shall then by him be certified under oath to be correct, and that the number of persons employed as assistants, were in his opinion necessary for the safe keeping and delivery of such convicts, to which shall be added the certificate of either the agent, keeper or clerk of such prison, or superintendent of such house of refuge, setting forth the number of convicts so delivered, and the distance from such prison to the place of their conviction. The keeper of the respective prisons, and superintendent of the respective houses of refuge, are hereby authorized to administer the oath above required.
$ 4. The account, certified and attested as provided in the be paid.
preceding section, shall be audited by the comptroller, and paid out of the treasury, unless otherwise provided.
$ 5. All the convicts who shall be sentenced to imprisonment in the same state prison, or to the same house of refuge, at one session of a criminal court, shall be transported at the
same time, unless said court shall expressly direct otherwise. Saving
$ 6. Nothing in this act contained shall be held to apply to clause.
the transportation of any convict or convicts from the city of New York to the house of refuge for juvenile delinquents.
See Laws of 1849, ch. 123, repealing this act in part.
Fees al lowed for transport
CHAP, 123. AN ACT fixing the fees of sheriffs for transporting convicts to the state prisons.
PASSED March 22, 1849. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
$1. From and after the passage of this act, the compensa
tion of sheriffs for transporting convicts to the several state ing convicts prisons and houses of refuge, of this state, shall be as follows:
for conveying a single convict to the state prison or houses of refuge, for each mile from the county prison from which such convict shall be conveyed, thirty-five cents; for conveying two convicts for each mile aforesaid, forty-five cents; for conveying three convicts, fifty cents; for conveying four convicts, fifty-five cents; for conveying five convicts, sixty cents,
CHAP. IIL and for all additional convicts such reasonable allowance as the comptroller may think just, which said allowance, with one dollar per day for the maintenance of each convict whilst on the way to the state prison, but not exceeding one dollar for every thirty miles travel, shall be in full of all charges and expenses in the premises.
S 2. Such parts of the law of December fifteen, eighteen Repeal. hundred and forty-seven, as prescribes compensation to sherifts for transporting convicts to the several state prisons and houses of refuge in this state is hereby repealed.
PASSED March 26, 1849. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
$ 1. When in the opinion of the inspectors of state prisons, Convicts it shall appear that there is a greater number of convicts in weheartea.be any of the state prisons of this state than can well be accommodated therein, or that such convicts cannot be employed profitably to the state, then the inspectors of state prisons may cause the removal of as many of such convicts to any other state prison in this state, as they shall deem proper, but the inspectors shall not reduce the number of convicts in any one prison of the state below one hundred.
S 2. All necessary expenses of such removal of convicts, Espensos. shall be deemed a part of the incidental expenses of the prisons they shall be removed from.
S 3. All acts or parts of acts inconsistent with this act, are Repeal. hereby repealed.
CHAP. 133. AN ACT authorising the inspectors of state prisons to administer oaths and take affidavits in certain cases.
Passes March 26, 1849. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
S 1. The president of the board of inspectors of state pri- Oaths may sons, shall have power to administer oaths and to take affida- tered. vits in all matters pertaining to the fiscal affairs, business transactions, discipline or government of said state prisons.
$ 2. In like manner any inspector of state prisons may Inspectoria administer oaths and take affidavits in all matters relating to Ister oath.
the affairs of the state prison under his charge, and for that purpose shall have power to issue subponas to compel the attendance of witnesses and the production before him of books, papers and writings in the same manner and with the like effect and subject to the same penalties for disobedience as in cases of trial before justices of the peace, and to examine any person or persons who may be brought before him as such witnesses.
As amended by Laws of 1854, ch. 240.
Instructress of female convicts.
PASSED March 27, 1849; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
$ 5. The inspectors of state prisons shall appoint one instructress for the female convict prison at Sing Sing, whose duty it shall be, in conjunction with and under the supervision of the chaplain, to give instruction in the useful branches of learning to such convicts as in the judgment of the matron or the chaplain, may require the same and be benefited by it; such instruction to be given for not less than one hour and a half daily, (Sundays excepted,) between the hours of four and six in the afternoon.
$ 6. Such instructress shall receive an annual salary of one hundred and forty-four dollars, to be paid monthly at the end of each month, by the agent, out of the funds of the prison.
prisons, and making appropriations for the Clinton,
Passed April 15, 1854; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
S 1. The thirty-third section of the act entitled “An act for the better regulation of the county and state prisons of this state, and consolidating and amending the existing laws in relation thereto; passed December 14th, 1847, is hereby amended so as to read as follows:
The inspectors shall hold their first joint meeting on the first Wednesday of January in each and every year, at the state prison at Sing Sing, and at such meeting shall choose one of their number as president of the board for the ensuing
First joint meeting.