3. A sufficient number of rooms for the separate confinement of persons committed on civil process for contempt, or as witnesses.

§ 3. The keepers of the several county prisons shall receive and safely keep every person duly committed to their custody for safe-keeping, examination or trial, or duly sentenced for imprisonment in such prison upon conviction for any contempt or misconduct, or for any criminal offense; and shall not, without lawful authority, let out of prison, on bail or otherwise, any such per

son.

prisoners
to be kept
in separate
rooms.

§ 4. Prisoners committed on criminal process, and Certain detained for trial, and persons committed for contempts, or upon civil process, shall be kept in rooms separate and distinct from those in which persons convicted and under sentence shall be confined; and on no pretence whatever shall prisoners be detained for trial, or persons committed for contempt, or upon civil process, be kept or put in the same room with convicts under sentence.

female.

§ 5. Male and female prisoners (except husband and Male and wife) shall not be kept or put in the same room.

§ 6. It shall be the duty of the keepers of the said prison to keep the prisoners committed to their charge, as far as may be practicable, separate and distinct from each other, and to prevent all conversation between the said prisoners.

§ 7. Prisoners detained for trial may converse with their counsel, and with such other persons as the keeper, in his discretion, may allow; prisoners under sentence shall not be permitted to hold any conversation with any person, except the keepers or inspectors of the prison, unless in the presence of a keeper or inspector.

§ 8. Prisoners detained for trial and those under sentence, shall be provided with a sufficient quantity

Conversaprevented.

tion to be

Prisoners

may con

verse with

counsel,

&c.

To be sup

plied with wholesome food.

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of inferior but wholesome food at the expense of the county; but prisoners detained for trial, may, at their own expense, and under the direction of the keeper, be supplied with any other proper articles of food.

§ 9. It shall be the duty of the keeper of each county prison to cause each prisoner under sentence, except such as are under sentence of death to be constantly employed at hard labor, when practicable, during every day except Sunday, and it shall be the duty of the county judge, or of the inspectors appointed by him, to prescribe the kind of labor at which such prisoner. shall be employed, and the keeper shall account, at least annually, with the board of supervisors of the county for the proceeds of such labor.

§ 10. The keepers of the said prison shall respectively have power, with the consent of the supervisors of the county, from time to time, to cause such of the convicts under their charge as are capable of hard labor, to be employed upon any of the public avenues, highways, streets or other works, in the county in which such prisoners shall be confined, or in any of the adjoining counties, upon such terms as may be agreed upon between the said keepers and the officers or other persons under whose direction such convicts shall be placed.

§ 11. Whenever any convicts shall be employed under the last section, they shall be well chained and secured; and shall be subject to such regulations as the keeper legally charged with their custody shall, from time to time, prescribe.

§ 12. The provisions contained in the twenty-fourth, twenty-fifth, twenty-sixth and twenty-seventh sections, in the second article, of the sixth title, of the seventh chapter, of the third part of the Revised Statutes, shall extend to prisoners confined upon any criminal process,

or for a contempt, or under sentence, in like manner as for prisoners confined in civil cases.

§ 13. It shall be the duty of the keeper of each county prison to provide a Bible for each room in the prison, to be kept therein, and he shall, if practicable, cause divine service to be performed for the benefit of the prisoners, at least once each Sunday; provided, there shall be a room in the prison that can be safely used for that purpose.

§ 14. The provisions in relation to insane persons, contained in the thirty-second section of the act entitled "An act to organize the State lunatic asylum and more effectually to provide for the care, maintenance and recovery of the insane,” passed April 7th, 1842, shall be construed to apply to all prisoners in a county jail other than those who are committed for contempt or on civil process.

§ 15. It shall be the duty of the keeper of each county prison to keep a daily record of the commitments and discharges of all prisoners delivered to his charge, which record shall exhibit the date of entrance, name, offense, term of sentence, fine, age, sex, country, color, social relations, parents, habits of life, cannot read, read only, read and write, well educated, classically educated, religious instruction, how committed, by whom committed, state of health when committed, how discharged, trade or occupation, whether so employed when arrested, number of previous convictions, value of articles stolen.

§ 16. It shall be the duty of the keeper of each county prison to receive into the prison every person duly committed thereto, for any offense against the United States, by any court or officer of the United States, and to confine such person in the prison until he shall be duly discharged; the United States supporting such person during his confinement. The provisions

of this article relative to the mode of confining prisoners and convicts shall apply to all persons so committed by any court or officer of the United States. (1)

Inspectors of State

prisons to inspect county prisons.

ARTICLE SECOND.

Of the Inspection of County Prisons, and the Discharge and Delivery of Prisoners confined therein.

Section 17. Inspectors of State prisons to visit prisons and penitentiaries at least once in each year.

18. To apportion to each inspector the counties to be visited, &c.; to adopt a plan to carry into effect a uniform system of government, &c.

19. Plan to be approved, &c.; copy to be furnished county judge. 20. Sheriffs and jailers to admit inspectors to prisons, &c.

21. Detailed reports to be made of each prison visited, &c.

22. Defects to be noted and improvements suggested.

23. Alterations in prisons to be made by supervisors.

24. Annual report of inspectors to the Legislature.

25. Keepers of prisons to present to courts, calendar of prisoners in jail, &c.

26. Prisoners not indicted, to be discharged, &c.

27. When prisoners in jail not to be removed by habeas corpus. 28. Persons confined for non-payment of fines may be discharged by county court.

§ 17. It shall be the duty of the inspectors of the State prisons to visit and inspect, either separately or collectively, at least once in each year, all the jails or other county prisons, penitentiaries and houses of detention in this State. [So much of the first and second

(1) By ch. 183 of the Laws of 1847, § 7, the boards of supervisors of Rensselaer, Saratoga, Schenectady, Schoharie, Greene, and Columbia are authorized to contract with the supervisors of Albany county to receive into the penitentiary of that county any persons sentenced in their counties to hard labor for any time not less than three months, except that by an amendment of said § 7 by § 5 of ch. 290 of the Laws of 1855, the supervisors of Rensselaer county may so contract with the supervisors of Albany county to receive into the penitentiary of that county any persons sentenced in said county of Rensselaer for not less than two months.

By a similar provision in § 7, of ch. 338 of the Laws of 1850, the boards of supervisors of Oswego, Jefferson, Oneida, Madison, Cortland, Cayuga and Wayne may contract with the supervisors of Onondaga county for the confinement of prisoners in the penitentiary of Onondaga county. There are similar provisions for certain other counties. See title 9, ch. 2, part 4.

articles of title first of the act entitled "An act for the better regulation of the county and State prisons of the State, and consolidating and amending the existing laws in relation thereto," passed December 14, 1847, as requires the inspectors of State prisons to visit and examine county jails is hereby repealed.] (1)

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§ 18. For the purpose of carrying into effect the visions of the preceding section, they shall, as soon as practicable, after entering upon their official duties, designate and set apart to each of their number the counties to be so visited by them, respectively, during the current year, for the purpose of such inspection; and shall at the same time adopt such plan and regulation, not inconsistent with the laws of this State, as they shall deem expedient and necessary to carry into effect a uniform system for the government and regulation of all the county prisons of this State, and for the modification and improvement of the structure of such jails and prisons, with a view to such uniformity.

§ 19. Such plan and regulations, when agreed upon and adopted by the board of inspectors, shall be by them immediately submitted to the governor, comptroller and attorney-general for their approval, but shall subsequently be subject to such modifications as the said board of inspectors may deem expedient and proper, a copy of which shall be furnished to the county judge and sheriff of each county, and to the keepers of each of the county prisons or penitentiaries of this State, whose duty it shall be to observe and carry the same into ef fect.

§ 20. It shall be the duty of the sheriff and keeper of each of the jails and prisons to admit the said inspectors, or any one of them, into every part of said jail or prison; to exhibit to them, on demand, all books, papers, documents and

(1) As amended by Laws 1849, ch. 331, 1.