Warden

must reside

at the

prison.

889. Must receive certain convicts.

890. Must admit the inspectors to visit the prison.

891. Must make a monthly report to the inspectors.

892. Must communicate discovery of insanity of offenders to the

governor.

893. Requisites of the warden's monthly accounts.

894. His accounts must be audited by the comptroller.

895. Penalty for neglect to make statement.

896. Warden liable to punishment for neglect or breach of duty. 897. Farm at Sing Sing.

898. Receipts of warden at Sing Sing.

899. Warden at Clinton may draw arms from state arsenal.

900. May sell ore.

901. May appropriate waters upon the prison lands.

$862. The warden of each prison must reside in the prison to which he is appointed, and attend it constantly, except when absent while performing some necessary duties connected with his office.

The sections of this chapter which define the duties of the warden have been framed so as to present at a single view the duties now imposed, by several distinct provisions of statute, upon the agents, or wardens, of the state prisons; prescribing them, in conformity with the change of phraseology recommended in earlier sections (see section 847 and note), as the duties of the warden. The provisions are chiefly founded on Laws of 1847, ch. 460, § 48; Ibid., § 53; Laws of 1854, ch. 240, § 4; Ibid., §5; Laws of 1860, ch. 399, § 6; Ibid., § 10. The following provisions of existing laws are omitted, as superseded by the measure proposed of uniting the powers and duties of agent and warden, in one officer to be denominated "warden:"

"Whenever any number of convicts in any state prison shall be less than three hundred, the warden of the prison shall have all the powers and perform all the duties herein imposed upon the agent."

Laws of 1847, ch. 460, § 41.

"The duties of the agent of each of the state prisons shall be confined exclusively to the financial concerus thereof. He shall have the exclusive disposal of the services, and shall designate the employment of all the convicts, but shall exercise no control over their discipline or government, nor shall he interfere in the government of, or exercise any control over the officers of such prison, other than to require them to keep a correct daily account of the labor of the convicts under their charge, and to report the same to him at such periods as he shall require."

Ibid., § 47.

"The duties of the wardens of each of the state prisons shall be exclusively confined to the government, discipline and police regulation of the same."

Ibid., § 52.

"Whenever there shall exist a vacancy in the office of agent of either of the prisons, all the powers and duties of such agent shall devolve upon, and be executed by the warden of said prison, until such vacancy shall be filled."

Ibid., § 54.

"The agent of each prison shall possess all the powers, and discharge all the duties of the warden of the prison, during a vacancy in the office of warden, or disability in the warden from any cause to act."

Ibid., § 55.

"The person holding the office of agent and warden herein before mentioned shall perform all the duties heretofore by law imposed upon the person holding the office of agent of either of the state prisons of this state, and also all the duties heretofore by law imposed upon the person holding the office of warden of either of the state prisons; and such agent and warden shall in all cases be appointed by the inspectors of state prisons, to hold the office under the same restrictions and qualifications as are by law imposed in the appointment of an agent of a state prison."

Laws of 1854, ch. 240, § 15.

$ 863. The warden must attend to the fiscal and business concerns of the prison, and use his best endeavors to defray all the expenses of the prison by the labor of the convicts. All the fiscal and business concerns of each prison shall be conducted by and in the name of the warden thereof, who has control over all matters of finance relating to the prison, subject to the directions and supervision of the board of inspectors. Each warden has capacity to sue in any court, and institute and prosecute any legal proceedings, in all matters concerning his prison, by his name of office, and by that name may recover all sums of money due from any person to any former agent or warden, or agent and warden of the prison, or due to the state on account of such prison. But it shall not be lawful in any such suit or action, for any defendant to plead or give in evidence any offset or matter by way of recoupment

Must attend concerns

to fiscal

of prison.

May make contracts.

Must super

intend manufactures, &c.

Must pur

chase requi

site materials.

Must take bills and affidavits

of all purchases made for

(except for payments made and not credited to such
defendant) or to recover any judgment against such
warden in such suit or action, other than for the costs
and disbursements therein.

See Laws of 1847, ch. 460, § 48; Laws of 1854,
ch. 58, as amended Laws of 1860, ch. 399,
§ 8.

S864. The warden may make, under the direction
of the inspectors, in the manner hereinafter provided,
contracts for the employment of the convicts, and
for furnishing the necessary supplies for their sup-
port; but no contract can be entered into by the
warden of either of the state prisons, for the hire or
labor of the convicts, or for supplies for their sup-
port, or for any purpose whatever, unless the same.
shall have been approved by a majority of the in-
spectors, who must be present in all cases at such
lettings.

Laws of 1847, ch. 460, 48, subd. 3, as amended
Laws of 1854, ch. 240, § 4.

$ 865. The warden must superintend all manufac-
turing and mechanical business that may be carried
on in the prison, receive the articles to be manufac-
tured, and sell and dispose of the same for the benefit
of the state.

Laws of 1847, ch. 460, § 48, subd. 4.

S866. The warden must purchase such raw materials as may be necessary to be manufactured by the convicts.

Laws of 1847, ch. 460, § 48, subd. 5.

S867. The warden must take bills and receipts in duplicate for all supplies and materials for the prison, purchased by or for him, at the time of such purchase, the prison. and take bills and receipts for all services that shall be rendered for either of the prisons, at the time of making payment therefor. The person to whom any bill shall be paid by any warden must in all cases make and subscribe an affidavit, to be sworn to before some person duly authorized by law to take the same,

6

stating that such accounts and the articles therein
specified were actually furnished as charged; that
neither the warden, nor any person for him or in his
behalf, had any pecuniary or other interest in the
articles sold, or in the profits thereof; that no com-
missions, presents or profits were paid, or agreed
or promised to be paid in the future to him or to
any person for him; that the receipt signed represents
the correct amount due; that the articles included in
such account were sold at fair cash market prices,
and that the person deposing has actually received
the full amount in cash from the warden. And no
articles purchased for the use of either prison shall
be accepted, or a receipt given therefor, unless accom-
panied by a proper bill of the same, verified as above
stated, and ascertained to be correct. The original
bills must be delivered to the clerk and the dupli-
cate bills for supplies or materials furnished must be
marked "duplicate," and delivered to the store keeper
or kitchen keeper.

See Laws of 1854, ch. 240, § 5, as amended Laws
of 1860, ch. 399, § 10; also Laws of 1855,
ch. 552, § 4.

868. The warden must enforce the payment of all debts due to the prison as soon and with as little delay as possible. But with the approbation of the inspector having at the time charge of the prison, he may accept any security from any debtor, on granting him time, that he deems conducive to the interest of the state.

See Laws of 1847, ch. 460, § 48, subd. 7. Subdivision 8 of this section was repealed by Laws of 1854, ch. 240, § 12.

S869. The warden must take charge of all moneys and other articles which may be brought to the prison by convicts, and cause the same immediately on the receipt thereof, to be entered by the clerk among the receipts of the prison. Such moneys and other articles, whenever the convict from whom the same

Must collect the prison.

debts due

Must take moneys and convicts.

charge of

effects of

Must provide discharged convicts with certain sums of money.

May draw money from

were received is discharged from prison, or the same are otherwise legally demanded, must be returned by the warden to such convict or other person legally entitled to the same, and proper vouchers taken therefor. And for such money as any convict or any other person for him may have so deposited, he shall be entitled to receive interest at the rate of six per cent from the time of such deposit until payment.

See Laws of 1847, ch. 460, § 48, subd. 9, as amended Laws of 1860, ch. 399, § 6.

$870. The warden must furnish to each convict who shall be discharged from prison by pardon or otherwise, necessary clothing, not exceeding ten dollars in value, and such sum of money, not exceeding upon an average three dollars to each convict, as he deems proper and necessary, and the sum of three cents for each mile for which it may be necessary for such convict to travel to reach the place of his residence, and if he has no residence within the state, to the place of his conviction; and also any sum which shall stand to the credit of the convict for any extra work which he may have performed; of which an account shall be kept, under such regulations as the inspectors shall prescribe. But the allowance of any such additional sum may be made dependent on the good behavior of the convict.

See Laws of 1847, ch. 460, § 48, subd. 10; also Laws of 1862, ch. 417, § 5, as amended Laus of 1863, ch. 415.

S871. The warden may draw from the treasurer the treasury of the state, by a warrant of the comptroller upon the treasurer, in favor of the warden, all moneys appropriated to the use of the prison under his charge. But he shall not draw at any one time, or have in his hands unaccounted for at any one time, of moneys so appropriated, a greater sum than five thousand dollars.

May draw money from the literature fund.

Laws of 1847, ch. 48, § 48, subd. 11.

S872. The warden may draw, each and every year, from the income of the literature fund, the sum of one