United States con victs to be to state prisons and county jails. See Laws of 1847, ch. 460, § 16. The commissioners have inserted the words "by the president of the United States," which are not found in the existing law, in order that the section may conform to the corresponding provision of section 818. They recommend that the legisla tion of this state, relative to imprisonment, be adapted to carry into effect the extraordinary powers of arrest recently conferred upon the president by act of congress; in the full belief that those powers will be modified or withdrawn, whenever it is perceived that a necessity for them no longer exists. 817. It is the duty of the respective wardens and received in- keepers of each of the state prisons and county jails, to receive into their respective prisons and jails, and safely to keep therein, subject to the discipline of such prison or jail, any criminal convicted of any offense against the United States, sentenced to imprisonment therein by any court of the United States, sitting within this state, until such sentence be executed, or until such convict shall be discharged by due course of law; the United States supporting such convict, and paying the expenses attendant upon the execution of such sentence. Punishment for escapes. Laws of 1847, ch. 460, § 145. S818. In case any prisoner committed to either of the prisons by the president of the United States, or by any court or officer of the United States, shall escape from the custody of any warden or keeper to whom such convict may have been so committed, he shall be liable to the like punishment as if he had been committed by virtue of a commitment or conviction under the authority of this state; and any expenses incurred in searching for, or apprehending such convict shall be a proper charge against the government of the United States. Taken from Laws of 1860, ch. 399, § 14, where it is stated as an amendment to section 156 of the act of 1847, ch. 460. By an examination of that act it will be obvious that the reference to section 156 is an error; "In case any such prisoner shall escape or attempt to The commissioners present the above enactment that they may not be supposed to intend a change in the law by omitting it; but they consider the provision for punishing the escape unnecessary under the provisions rendering escapes punishable, reported in chapter iii of title IX of this Code; and if it were desirable to be retained, it should be transferred to that chapter. ment of violating S819. Every warden or keeper or other officer of Punishany prison or jail, to whom such prisoner may have officers for been committed, shall be liable to the like penalties duty. and punishment, for any neglect or violation of duty in respect to the custody of such prisoner, as if such prisoner had been committed by virtue of a commitment or conviction under the authority of this state. See Laws of 1847, ch. 460, § 147. CHAPTER II. INSPECTORS OF STATE PRISONS. SECTION 820. Inspectors, how chosen. 821. How removed. 822. When to enter upon their duties. 823. To take oath of office. 824. Election of president. 825. Each inspector to take special charge of one prison. 826. Visitation of prisons. 827. What matters must be inquired of by the inspectors. 828. They may require reports. 829. They may make regulations for the prisons. 830. And for the female department of the Sing Sing prison. 831. They must inquire into alleged improper conduct. 832. They must keep minutes of their proceedings. 833. They must make an annual report. 834. They must furnish abstracts of returns made to them. 835. They must cause orders, &c., adopted by them to be recorded. 836. They may employ artisans from abroad. 837. They must prescribe the provisions for convicts. Inspectors, how chosen. How removed. When to enter upon their duties. SECTION 838. They must transmit warden's account to comptroller. 841. They must keep armories in repair. 842. Power of president to summon witnesses. 843. Power of inspectors to administer oaths. 844. Duties of individual inspectors. 845. Examination of books of storekeepers. 846. Inspectors can hold no other prison office or contract. S 820. The state prisons are under the charge and superintendence of three inspectors, chosen at a general election, according to the provisions of the fourth section of the fifth article of the constitution of this state. See Laws of 1847, ch. 460, § 30. S821. The governor has power to remove any inspector, so elected, for misconduct or malversation in office; but must first give to such inspector a copy of the charge against him, and an opportunity of being heard in his defense. Laws of 1847, ch. 460, § 31. S822. Each inspector shall enter upon the duties of his office on the first day of January next follow. ing his election. To take oath of office. Recommended as a substitute for Laws of 1847, ch. 460, 32, which is as follows: "The inspectors elected at the last general election shall enter upon the duties of their office on the first day of January, eighteen hundred and forty-eight, and each inspector to be hereafter chosen shall enter on the duties of his office on the first day of January next following his election." S823. Each inspector, before entering upon the duties of his office, must take and subscribe the oath of office, prescribed by the constitution of this state. Such oath may be taken and subscribed before any officer authorized by law to take and administer oaths, and must be filed in the office of the secretary of state. This provision is taken from Laws of 1847, ch. 460, § 2, and is reported only in order that an intention to change the existing law may not be inferred from its president. S824. The inspectors must hold a joint meeting Election of on the first Wednesday in each year, at the state prison at Sing Sing; and at such meeting must choose one of their number as president of the board for the ensuing year. In case of the absence of such president from any meeting of the board, one of the other members shall preside at such meeting, and shall have all the powers of president. S825. The inspectors must, at the meeting prescribed in the last section, assign to each inspector the special charge and supervision of one of the state prisons, to be designated, for the ensuing four months; and they must make a similar designation at the commencement of each four months' term thereafter. But no inspector can be assigned to, or have the special charge of the same prison during the next eight months. This and the last section are founded on Laws of 1854. ch. 240, § 1, as amended Laws of 1860, ch. 399, § 5; which is 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 year, and shall assign to each inspector the special charge and supervision of one of the state prisons, to be designated, for the ensuing four months of the year; and they shall make a similar assignment and designation at the commencement of Each incharge of one prison. spector to take special Visitation of prisons. What mat ters must be by the inspectors. each four months' term thereafter; but no inspector shall be re-assigned to, or have the special charge of the same prison for the next eight succeeding months." S826. The inspectors must visit jointly each of the state prisons that now are, or hereafter may be, established in this state, at least four times in the year. See Laws of 1847, ch. 460, § 34, subd. 1. This and several sections following are founded on the various subdivisions of the section referred to. In that section the powers and duties of the inspectors are stated in a series of subdivisions, introduced by the general words, "the inspectors, &c., shall have the power, and it shall be their duty." As some of the powers conferred are discretionary, and are not coupled with an absolute duty, the commissioners have preferred to distinguish theso from duties imperatively imposed. They have accordingly stated the powers and duties of inspectors in distinct sections; introducing each by the words "the inspectors must," or "the inspectors may," according as they understand the intent of the law to be, to impose an absolute, imperative duty, or to vest a discretionary power. S827. The inspectors must examine and inquire inquired of into all matters connected with the government, discipline and police of each prison, the punishment and employment of the convicts therein confined, the money concerns and contracts for work, and the purchases and sales of the articles provided for each prison, or sold on account thereof. They may require reports. They may make regu the prisons. Ibid., subd. 2. S828. The inspectors may, from time to time, require reports from the warden or other officers of the prison in relation to any or all of the matters mentioned in the last section. Ibid., subd. 3. S829. The inspectors may make such general regulations for lations for the government and discipline of each prison, as they deem expedient, not inconsistent with the laws of this state, and may, from time to time, alter and amend the same; and, in making such |