credited shall be set apart for the use of the prison, and whenever the same may be required for the ordinary expenses of the prison, or for any expenses authorized by law connected with the prison, they may be drawn from the treasury by the agent of the prison on the written direction of the inspectors; all sums thus drawn from the treasury shall be charged to the prison in the account kept by the comptroller. ART. 4. tary com § 112. For the safety of the Sing Sing state prison a military com- Two milipany shall continue to be organized in the village of Sing Sing; and panies to for the safety of the Auburn state prison, a similar company shall be organ continue to be organized in the village of Auburn. ized. armed. § 113. Each of the said companies shall be formed from persons How to be liable to militia duty residing in the vicinity of the prison to which formed and it is attached, and shall consist of one captain, one first and second lieutenant, four sergeants, four corporals, two drummers, two fifers and forty-five privates, who shall from time to time, as may be necessary, receive arms, accoutrements and ammunition from the state arsenal at Albany, upon the order of the agent of the prison. good § 114. The arms, accoutrements and ammunition received by the Arms, etc., members of each company shall be kept by them in good order for in geket their use when called upon in defence of the prison, and whenever order. such arms, accoutrements and ammunition shall be delivered, the person receiving the same shall execute a precept therefor, stating the purpose to which the same are to be applied. to be al § 115. Each of said companies shall always be ready for imme- Companies diate service and shall repair with their arms on the first alarm or ways ready notice from the warden or principal officer of the prison, to the for service, prison, and there aid and assist under his direction, in defence of the prison and in preventing the escape of the convicts, or the execution of any injury threatened or premeditated by them, and shall be under his sole control. how form appointed. § 116. Each of said companies shall be formed and organized by Companies the commander-in-chief, and the officers thereof designated, ap- ed and offpointed and commissioned as in the case of uniform companies, and cers how the persons composing said companies shall be exempt from all other militia duty, and from serving on any grand or petit jury so long as they shall respectively continue to be members of such companies. as to serv men, etc. § 117. No person duly enlisted into said companies shall, without Restriction the written consent of the commanding officers of the company to ing as firewhich he belongs, leave the same to serve as fireman in any fire company, or to enlist into any other company of militia, except in case of a removal from out of the beat of said company. § 118. The said companies shall respectively be called and known, Named the first by the name of the Sing Sing Guards, and the other by the Guarding name of the Auburn Guards, and shall be ordered out for drill and and Au exercise by the commanding officer thereof not less than six nor Guards. more than ten times in any one year. burn how to be § 119. Whenever the office of captain or subaltern in either of the Vacancies, said companies shall be vacant, the same shall be filled in the filled. manner now provided by law for filling vacancies in the companies of the militia of this state, except that the wardens of the prison to TITLE 2. which the company in which any such vacancy shall happen shall be attached, shall cause the necessary notices of an election to fill. vacancies, to be served on the members of the companies. Return of delin be made. § 120. The commanding officer of each company shall return as quents to delinquents, to the inspector having charge of the prison, any noncommissioned officer, musician or private of the company, who shall not appear on parade in the complete uniform of the company, or who shall be guilty of any neglect of duty or improper conduct on parade. Delinquents may be fined. Fines how to be collected. Moneys, how to be disposed of. Officers may be dis neglect of duty. § 121. The inspectors of the prison may summon any person so returned as a delinquent to appear before them at such time and place as they shall appoint, to answer to such alleged delinquency, and upon proof of such summons having been served, may proceed at the time and place therein specified, to impose upon such delinquent such fine not exceeding five dollars for each offence, as in their judgment the case may require. § 122. The president of the board of inspectors shall make out his warrant for the collection of such fines, in like manner and with like effect as a president of a court-martial, the warrant shall be directed to any constable in the county in which the fine shall be imposed, commanding him to levy and collect such fine; and such constable shall collect such fine in like manner as other militia fines are now directed by law to be collected. § 123. All moneys collected by virtue of such warrant shall be paid over to the commanding officer of the company to which the delinquent, upon whom such fines may be imposed shall belong, and may be disposed of by a vote of the company for any beneficial purpose that the company may direct. 124. If any officer of either of the said companies shall neglect missed for to perform any duty enjoined upon him by law, it shall be the duty of the commander-in-chief, upon such neglect being reported by the inspectors, to dismiss such officer from the company; and if any non-commissioned officer or private shall refuse or neglect to perform his duties, such delinquent, in addition to the fine hereinbefore prescribed, may be discharged by the commanding officer of the company to which he shall belong, and another person may be enrolled in his stead. Service for ten years § 125. Every non-commissioned officer, musician or private of to exempt either of said companies who shall serve faithfully therein for the period of ten years, shall hereafter be exempt from military duty in this state except in cases of insurrection or invasion. from future militia duty. Armories to be kept § 126. It shall be the duty of the inspectors to keep in repair the in repair. armories hereafter erected or used at Sing Sing or Auburn for the use and convenience of the company of guards attached to the prison, and the expense attending such repairs shall be paid out of the funds of the prison. Fire company at Auburn prison. To attend on alarm of fire. § 127. There shall continue to be organized in the vicinity of the prison at Auburn, one fire company, to consist of one foreman and thirty-six men residing in that vicinity. § 128. It shall be the duty of the said company, on the first alarm or notice of a fire in the prison, or in any of the adjacent buildings, to repair to the prison, and there to use and manage, under the direction of the warden, the engine belonging to the prison, and to aid by all means in their power, in the preservation of the prison, and of the persons confined therein. ART. 4. to the fire § 129. It shall also be the duty of the said company to attend to To attend the said engine, and to exercise and try it at such stated times as the engine. inspectors or agent shall prescribe, and the inspectors may, in their discretion, remove any member of the company and appoint another person in his stead. of mem § 130. The members of the said company shall upon the certifi- Privileges cate of the board of inspectors be exempt from serving on juries, and bers of the from serving in the militia, except in cases of invasion or insurrection, so long as they shall continue such members. company. convicts § 131. The members of the company, after a service of nine years When entherein, shall be forever exempt from militia duty, except in time of titled to discharge. war or insurrection, and shall be entitled to a discharge from the company. §132. Whenever a convict shall die in the Sing Sing prison, it shall Bodies of be the duty of the warden, unless the body of such convict be taken dying at Sing Sing away for interment by the relatives or friends of the deceased within when to be twenty-four hours after his death, to deliver, on demand, such dead given for dissection. body to the agent of the College of Physicians and Surgeons in the city of New York, or to the agent of the medical faculty of the University of the City of New York, so that one half of the number of such dead bodies shall be delivered to each institution. bodies of Auburn posed of § 133. It shall in like manner be the duty of the warden of the Dead Auburn state prison, whenever a convict shall die in that prison, convicts at whose body shall not be taken away for interment by his relatives or prison, friends within twenty-four hours after his death, to deliver, on demand, how dissuch dead body to the agent of the medical faculty of the University of Buffalo, or to the agent of the College of Physicians and Surgeons of the Syracuse University, so that one half of the number of such dead bodies shall be delivered to each institution. [Thus amendea by L. 1872, ch. 782, sub nom., § 106 of article 4 of chapter 3 of title 2 of part 4 of the R. S., that being the designation of this section as it appeared in the 5th ed. of the R. S.] born in the convict prison, § 134. All children that have been or shall be born of female Children convicts in the female convict prison at Sing Sing, may, by an order female of the agent having at the time charge of the prison, be sent to the t poor house in the county of Westchester, to be there supported upon to be sent Sing Sing, such terms as may be agreed upon between the agent and the intendents of the poor of the said county, and all expenses incurred thereby shall be paid by the agent of the prison out of the funds thereof. super § 135. The agent of the Clinton prison is authorized to draw from time to time from the state arsenal in the city of Albany, such arms and ammunitions as he may deem necessary for the use of the keepers and guards of the prison. to poorhouse. for cash § 136. The said agent is authorized to sell and dispose of ore that To sell ore may be prepared by the convicts at the state prison for cash only, y and not on credit; the proceeds of such sales shall be applied to the support of the prison. § 137. The agent of said prison is authorized to appropriate to To appro TITLE 2. priate cer tain waters to the use of the prison. Certain uncultivated lands of the state not to be sold. Clothing for convicts in Clinton prison. The Sing Auburn prisons to be credited for clothing. Purchases the Clinton Agent to deposit moneys to the credit of the state. Farm at Sing Sing prison, the use thereof, all waters upon the tract purchased for the estab- § 138. All uncultivated lands belonging to the state of New York, § 139. All necessary clothing for the use of the convicts in the Clinton prison shall be manufactured by the convicts in the Auburn and Sing Sing prisons, whenever a written order for that purpose shall be made by the inspectors and be delivered to the respective agents of those prisons. 140. The Sing Sing and Auburn prisons shall respectively have credit on the books of the comptroller for the value of any cloth or clothing manufactured in such prisons in conformity to law, for the use of the Clinton prison on making specific returns thereof, verified as to quantity and value by the affidavit of the agent of the prison manufacturing the same. The sum so to be credited shall be paid by the treasurer on the warrant of the comptroller, out of any monies in the treasury not otherwise appropriated, to the order of the inspectors, whenever such payment shall become necessary to defray the expenses of the prison entitled to the credit. § 141. The agent of the Clinton prison shall not deposit or pledge any article produced by the labor of the convicts, by way of security for monies borrowed on the credit thereof or otherwise,. and all articles purchased by him for the use of the prison or to be employed in conducting any of its operations, shall be purchased for cash and not upon credit, unless the inspector having charge of the prison shall otherwise direct. The agent shall make sale of the articles produced by the labor of the convicts, in such manner and on such terms as shall be prescribed by the rules and regulations established from time to time by the board of inspectors. § 142. The said agent shall, under the direction of the comptroller, deposit to the credit of the state, all monies he may receive from the sale of any manufactures produced in the said prison, whenever the same shall exceed the sum of one thousand dollars, and shall not be required within fifteen days after the receipt thereof to defray the expenses of the prison. § 143. The agent of the Sing Sing prison shall continue to have charge of the farm and premises on which the same is situated, and TITLE 3. it shall be his duty to rent or otherwise use or improve the same to the best advantage for the benefit of the state, but no lease shall be how rented made by him for a longer term than three years. or used. as to sale near Clin § 144. No license shall hereafter be granted for the sale of in- Restriction toxicating liquors within three miles of the Clinton prison; and of liquors every person who shall, directly or indirectly, sell or dispose of any ton prison. alcoholic drinks within the distance of three miles from said prison, shall, upon conviction thereof, before any justice of the peace of the county of Clinton, be subject to a penalty of fifty dollars; one half thereof to be paid to the person prosecuting for the same, and the other half to be paid to the overseers of the poor of the town in which said offence shall have been committed. TITLE III. General Provisions applicable to all the Prisons treated of in this Chapter. SEC. 145. United States prisoners. 146. Escapes of same. 147. Duty of keepers to same. 148. Exemption of keepers. 149. No female to be whipped. 150 & 151. When convicts to be witnesses. 152. No liquors in the prisons. 153. Permits for same by physician. 154. Penalty for bringing liquor. 155. When removed on habeas corpus. 156. To testify for prisoners. 157. Prisoners removed for trial. 158. On writ of habeas corpus. 159. Who may visit the prisons. 160. Repealing section. 161. To be part of Revised Statutes. convicted ed. § 145. It shall be the duty of the respective keepers of each Criminals of the county and state prisons, to receive into the said prisons and of crimes safely to keep therein, subject to the discipline of such prison, any US. to be against the criminal convicted of any offence against the United States sentenced imprisonto 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. escape. § 146. In case any such prisoner shall escape, or attempt to escape Provision out of the custody of any keeper to whom such prisoner may have incase of 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. neglect or § 147. The keeper of any prison to whom any such prisoner Penalty for may have been committed, shall be liable to the like penalties and violation of punishment, for any neglect or violation of duty in respect to the duty. custody of such prisoner, as if such prisoner had been committed by virtue of a commitment or conviction under the authority of this state. |