instruction, and the progress made by the convicts, and to note especially, any cases in which an unusual progress has been made by a convict; to make an annual report on or before the first day of November in each year to the agent and warden, which report shall be attested by his oath to be just and true, relative to the religious and moral conduct of the prisoners in each prison during the year ending with the last day of the previous September, stating therein what services he shall have performed, and the fruits, if any, of his instructions, and he shall append thereto, as far as practicable, in tabular form, a statement exhibiting the number of convicts in prison, on the last day of such September, and at what age convicted, specifying separately the number born in the United States, foreigners, and of what country, and the nativity of their parents, the number that cannot read, that can read only, read and write, well educated, classically educated, temperate, intemperate, healthy, scrofulous, whether employed at the time of the commission of the crime,. counties where convicted, occupation, sentence, how many times recommitted, and social state. duties of. § 60. It shall be the duty of the principal keeper of each of the Principal prisons, to keep a time-book, in which shall be inserted the names of keeper, all the officers, keepers and guards belonging to the prison, except the agent and warden, and opposite to each name, he shall daily mark whether such officer, keeper or guard, was absent or present, and at the end of each month shall add up the same and verify such statement by his affidavit that it is correct, which statement, so sworn to, shall be delivered to the agent and warden, who shall forward the same to the Comptroller with his monthly report. § 61. It shall be the duty of the store-keeper of each of said prisons Storeto take charge of all provisions and other articles purchased for the keeper, prison, to compare all such purchases with the bills thereof, furnished duties of. to him by the agent and warden of such prison, and to note all discrepancies, and to enter the goods so received in books to be kept by him for that purpose; to keep such goods when received, in some safe place under his charge, and no goods shall be delivered by him except on a requisition from the kitchen-keeper, or the agent and warden or principal keeper, or in his or their absence, the person acting as such. Such requisition shall in all cases be in writing, and be by him placed on file, and in addition thereto, the articles named in such requisition shall be entered in his books, which books shall state what the articles were, the quantity delivered, and on whose order they were delivered, and to what shop or place sent. It shall also be his duty to keep a perfect, just and true account of all goods sold by the agent and warden, or other officers of the prison, belonging to the prison; at the end of each month to make out a correct statement, attested by his affi- Monthly davit, giving the amount of each article received, and the quantity, b and the amount and kinds of goods delivered on requisitions, and to whom delivered, and the quantity of each kind of property then on hand, with the value thereof, at that time, which statement, when made up, shall be delivered to the agent and warden, and by him examined, and if found correct, he shall so certify thereon; such report shall be then forwarded to the Comptroller by the agent and warden. § 62. It shall be the duty of the kitchen-keeper of each of said Kitchenprisons to keep a proper book, and to enter therein all goods received duties of. on his requisition from the store-keeper, and the amount cooked and sent to the hospital, and to make a report, attested by his oath to be Monthly just and true, at the end of each month to the agent and warden of report by. statement keeper. warden, the amount of such goods then on hand, and the amount received and consumed during the month. Agent and § 63. No agent and warden or other officer of either of the State prisons of this State shall give any note, draft or other evidence of tions as to debt, except a check on the bank, designated by the Comptroller, restric financial transac Superin State prisons, and officers of prisons, not to be, interested in con To accept no gratul aforesaid, and such checks and drafts as are authorized by law, payment for any article purchased for either of said prisons, an signed by him or them individually or in their official capacity, La shall any such agent and warden, or other officer, sign any paper s agent and warden for the purpose or with the intent of putting or having the same put in circulation for any purpose whatever. § 64. Neither the Superintendent of State Prisons, nor the agent a tendent of warden of any prison, nor any other officer employed at either of the prisons shall be directly or indirectly interested in any contract, pa chase or sale, for, by, or on account of such prison, nor shall the Super intendent of State Prisons, or any officer, keeper or guard, or any pe son employed at any of said prisons, accept of any present from any tracts, etc. contractor or contractor's agent, either directly or indirectly, employ the labor of any convict or other person employed in such prison, on any work for the private benefit of such Superintendent, officer, keeper or guard, except that the agent and warden shall be entitled to employ prisoners for necessary household service as herein before provided, nor shall any person whatever convey into either of the prisons of this State any article for the use of the convicts, prohibited by articles to the rules of the Superintendent of State Prisons or by the laws of the conlets, a State; any person violating this section shall be deemed guilty of a mi demeanor. ties or private benefits. Conveyance of prohibited misde meanor. Affidavits, administering of, as to § 65. The Superintendent of State ister oaths and take affidavits in all the State prisons under his charge. business. principal keeper of each prison are prison Agent and warden of Clinton appropri ate certain waters. Prisons and his clerk may admitmatters relating to the affairs The agent and warden, clerk and authorized and required to take affidavits, in all matters of accounts against their respective prisons and also in relation to fees of sheriffs in bringing convicts to either of said prisons. § 66. The agent and warden of the Clinton prison is authorized to appropriate to the use thereof all waters upon the tract purchased for prison,may the establishment of said prison; and any person claiming damages in consequence of such appropriation of water, shall, within six months thereafter, make application to the county judge of the county of Clinton, who shall appoint three commissioners not interested in lands through which the stream or streams of water so appropriated may have previously run, who shall personally examine the lands of the applicant and make an estimate of the damages he has sustained by reamined and son of such appropriation of water, which estimate shall be reduced to writing, subscribed and sworn to by said commissioners and then transmitted to the Comptroller of this State, who shall thereupon pay the estimated damages of the applicant out of the funds appropriated for said prison. Claims for damages thereby, how deter paid. Withdrawal from sale, of certain § 67. All uncultivated lands belonging to the State of New York, or which may hereafter become the property of said State, and which shall be situated within twenty miles of the Clinton prison, shall be vated land. withdrawn from sale and shall be retained by the State for the use of said prison. unculti Farm at § 68. The agent and warden of the Sing Sing prison shall continue prison, to have charge of the farm and premises on which the same is situated, charge of. and it shall be his duty to rent or otherwise use or improve the same the best advantage of the State, but no lease shall be made by him a longer term than three years. TICLE SECOND.- OF THE DISPOSITION, DISCIPLINE AND INSTRUC TION OF PRISONERS. sentenced 69. All male convicts sentenced to imprisonment in a State prison Male conthe first and second judicial districts shall be sentenced to the Sing victs, how ig prison, and all so sentenced in the third and fourth judicial dis- in certain cts, shall be sentenced to the Clinton prison, and all so sentenced the fifth, sixth, seventh and eighth judicial districts shall be seniced to the Auburn prison. districts. ascertain etc., before § 70. It shall be the duty of the court in which any person shall be Court to nvicted of an offense punishable in a State prison, before passing the trade of atence therefor, to ascertain by the examination of such convict on convict, th, and in addition to such oath, by such other evidence as can be sentence. tained, whether such convict had learned and practiced any meanical trade, and in like manner such other facts tending to indite the causes of the criminal character or conduct of such convict, to the court shall seem proper and desirable, and the court shall Entry of rect the clerk of the court to enter such of the facts so ascertained, tained. id such other facts as to the court shall seem proper and desirable, on the minutes of the court, and said clerk shall include a copy To be inereof in the certified copy of the sentence of such convict which cluded in all be delivered to the sheriff of the county in which such convic- sentence. on shall be had. facts ascer copy of of copy of and war §71. Whenever any convict shall be delivered to the agent and Delivery arden of either of said State prisons, in pursuance of such sentence, sentence, he officers so delivering such convict, shall deliver to such agent and to agent arden, the certified copy of the sentence received by such officer den, with om the clerk of the court by which such convict shall have been convict. entenced, and such agent and warden shall deliver to such officer a ertificate of the delivery of such convict, and the fees of such officer Fees for or transporting such convict shall be paid by the Treasurer upon the convict, arrant of the Comptroller. delivery of how paid. of convicts 72. The agent and warden of each of said prisons shall receive Reception nto the prison under his charge, on the order of the Governor, any under erson convicted of any crime punishable by death, or who shall be death senardoned, on condition of being confined either for life or a term of ears in a State prison, and confine such prisoner according to the erms of such condition. tence, etc. ers from § 73. Whenever the transfer of a prisoner or prisoners from one Transfer State prison to another shall be ordered by the Superintendent of State of prisonPrisons, the agent and warden of the prison from which such transfer one prison is to be made, shall cause the prisoners to be sufficiently chained in to another. pairs so far as practicable, and to be transported to the prison to which they are so ordered to be transferred, and to be delivered together with the certified copies of their sentences to the agent and warden of such last-mentioned prison, who shall receive and keep them according to their sentences respectively, as if they had been originally sentenced thereto. The persons so employed to transport such prisoners shall prohibit all intercourse between them, and may inflict any reasonable and necessary correction upon such prisoners for disobedience or misconduct in any respect. All necessary expenses of such transfer Expense of such prisoners shall be deemed a part of the incidental expenses of of transthe prison from which they shall be transferred. The necessary ex- paid. how Indeterminate sentences, court as to. penses of the transfer of any prisoner from a State prison to the State Asylum for Insane Criminals or to any other penal institution shall also be deemed a part of the incidental expenses of such prison. § 74. Whenever any male person over sixteen years of age, shall be convicted of a felony which is punishable by imprisonment.in a State powers of prison, for a term to be fixed within certain limits by the court pronouncing sentence, the court authorized to pronounce judgment upon such offender, instead of pronouncing upon such offender a definite sentence of imprisonment in a State prison for a fixed term, may pronounce upon such offender an indeterminate sentence of imprisonment in a State Minimum prison for a term with minimum and maximum limits only specified, and maxi- without fixing a definite term of sentence within such limits named in the sentence, but the maximum limit so specified in the sentence shall not exceed the longest period for which such offender might have been sentenced, and the minimum limit in said sentence specified shall not be less than the shortest term for which such offender might have been sentenced. The maximum term specified in such indeterminate sentence shall be limited in the same manner as a definite sentence in compliance with the provisions of section six hundred and ninety-seven of the Penal Code. mum limit thereof. Commis sioners of paroled $75. The Superintendent of State Prisons, the agent and warden, the chaplain, the physician and principal keeper of each of said. prisoners. prisons shall constitute a board of commissioners of paroled prisoners for each prison. The said Superintendent shall be the president of said board for each prison and the clerk of each prison shall be the clerk of said board for such prison. Their clerk. Meetings of board. § 76. The board of commissioners of paroled prisoners for each of said prisons, shall meet at such prison, from time to time as they shall deem necessary, or as they may be called to meet by the Superintendent of State Prisons. At each meeting of said board held at such prison, every prisoner confined in said prison upon an indeterApplica- minate sentence, whose minimum term of sentence has expired, shall tion for re- be given an opportunity to appear before such board and apply for his parole, or release upon parole, or for an absolute discharge as hereinafter prodischarge. vided, and said board is hereby prohibited from entertaining any other form of application or petition for the release upon parole or absolute discharge of any prisoner. lease upon absolute Record of nate sentences, how kept. 877. The Superintendent of State Prisons shall cause to be kept, indetermi- at each State prison, a full and accurate, record of each prisoner therein confined upon an indeterminate sentence as aforesaid, which record shall include a biographical sketch covering such items as may indicate the causes of the criminal character or conduct of the prisoner, and also a record of the demeanor, education and labor of the prisoner while confined in such prison; and whenever such prisoner is transferred, from one prison to another, a copy of such record or an transfer of abstract of the substance thereof, together with the certified copy of the sentence of such prisoner shall be transmitted with such prisoner to the prison to which he shall be transferred. How trans mitted, on prisoner. Releasǝ upon parole, when authorized § 78. If it shall appear to said board of commissioners of paroled prisoners, upon an application by a convict for release on parole as herein before provided that there is reasonable probability that such applicant will live and remain at liberty without violating the law, then said board of commissioners may authorize the release of such applicant upon parole, and such applicant shall thereupon be allowed to go upon parole outside of said prison walls and inclosure upon such Convict, to terms and conditions as said board shall prescribe, but to remain, tody. while so on parole, in the legal custody and under the control of the remain in agent and warden of the State prison from which he is so paroled, legal cusuntil the expiration of the maximum term specified in his sentence as herein before provided, or until his absolute discharge as hereinafter provided. on viola etc. 79. If the agent and warden of the prison from which such pris- Retaking oner was paroled, or said board or any member thereof shall have of prisoner reasonable cause to believe that the prisoner so on parole has violated tion of his parole and has lapsed or is probably about to lapse into criminal parole, ways or company, then such agent and warden or said board, or any member thereof, may issue his warrant for the retaking of such pris- warrant oner, at any time prior to the maximum period for which such prisoner for. might have been confined within the prison walls upon his sentence, which time shall be specified in such warrant. officers, to paroled 880. Any officer of said prison or any officer authorized to serve Power of criminal process within this State to whom such warrant shall be de- certain livered is authorized and required to execute said warrant by taking take and said prisoner and returning him to said prison, within the time specified return in said warrant therefor. Such officer other than an officer of the prison, prisoners. shall be entitled to receive the same fees therefor as upon the execution of a warrant of arrest at the place where said prisoner shall be retaken, and as for transporting a convict from the place of arrest to Fees, the prison, in case such officer also transports said prisoner to the when alprison. Such fees of the officer other than a prison officer, and the how paid. expenses of a prison officer in executing such warrant shall be paid by the agent and warden of the prison out of the moneys standing to the credit of such paroled prisoner as hereinafter provided, if any or sufficient therefor, and otherwise out of the funds of the prison. lowed, board, on for retak prisoner. $81. At the next meeting of the board of commissioners of paroled Powers of prisoners, held at such prison, after the issuing of a warrant for the of retaking of any paroled prisoner, said board shall be notified thereof. warrant If said prisoner shall have then been returned to said prison, he shall ing of be given an opportunity to appear before said board, and the said board paroled may after such opportunity has been given, or in case said prisoner has not yet been returned, declare said prisoner to be delinquent, and he shall whenever arrested by virtue of such warrant be thereafter imprisoned in said prison for a period equal to the unexpired maximum term of sentence of such prisoner, at the time such delinquency is declared, unless sooner released on parole or absolutely discharged by the board of commissioners of paroled prisoners. discharge when to 82. If it shall appear to said board of commissioners that there is Absolute reasonable probability that any prisoner so on parole will live and of paroled remain at liberty without violating the law, and that his absolute dis- prisoner, charge from imprisonment is not incompatible with the welfare of be granted. society, then said board of commissioners shall issue to said prisoner an absolute discharge from imprisonment upon such sentence, which shall be effective therefor. to power § 83. Nothing herein contained shall be construed to impair the Proviso as power of the Governor of the State to grant a pardon or commutation of Governor in any case. prisoners § 84. It shall be the duty of the agent and warden of each of such Instrucprisons, so far as practicable and necessary, to appoint as keepers of such prison, persons qualified to instruct the prisoners in the trades and manufactures prosecuted in such prison or in other industrial occupations. Instruction shall also be given in the useful branches of Instrucan English education to such prisoners as in the judgment of the agent useful etc. tion in |