PART IV. Report to secretary of state. Clerks of criminal court to report to secretary of state. Report of sheriff. use of the people of this state, the said penalty to be enforced and collected in a suit by the attorney general. As amended by Laws of 1866, ch. 723. Post, vol. 6, p. 811. S2. Within twenty days after the adjournment of any criminal court of record, the clerk thereof shall transmit to the office of secretary of state such statement thus furnished by the district attorney, of all convictions had at said court; and in case of his refusal or neglect to transmit the same as aforesaid, the said clerk shall be liable to the like penalty as prescribed in the foregoing section. S3. Within twenty days after the adjournment of any criminal court of record, the clerk thereof shall also transmit to the office of the secretary of state, a duly certified statement of the number of indictments tried at such court, specifying the number for each separate offence; the number on which convictions were had; the number on which defendants were acquitted; the number of indictments against persons who were convicted on confession; and also the number of indictments against persons who were discharged without trial. Whenever the clerk of any county shall transmit to the secretary of state, any transcripts of convictions had in courts of record, he shall also transmit to the said secretary, copies of all certificates of convictions made by any court of special sessions, and required by law to be filed with such clerk, which have thus been filed in the office of said county clerk, since the previous transmission of any transcripts by him. S4. Within twenty days after the adjournment of any criminal court of record, the sheriff of the county in which such court shall be held, shall report to the secretary of state, the name, occupation, age, sex and native country of every person convicted at such court, of any offence, the degree of instruction which each person so convicted has received, and all such other items of information in relation to such convicts and their offences, as the secretary of state shall require ; which reports shall be made in such form as the said secretary shall prescribe. And to enable such sheriffs to make the said returns, they shall be authorized, by themselves and their deputies, to make all necessary inquiries of the persons convicted, before or after trial, and of the keepers of prisons where such convicts may be confined, and of all other persons. For their services in the premises, as well for collecting statistics relating to convictions in courts of special sessions, such sheriffs shall be allowed a reasonable compensation by the board of supervisors of their respective counties as a county charge. $5. The respective sheriffs of the counties of Albany, Cayuga, Chemung, Columbia, Dutchess, Erie, Kings, Monroe, New York, Niagara, Oneida, Onondaga, Orange, Oswego, Rensselaer and Schenectady, shall, on the first day of every month, transmit to the secretary of state a statement of the number of persons convicted in courts of special sessions during the preceding month, in the respective cities of Albany, Auburn, Elmira, Brooklyn, Buffalo, Hudson, Lockport, New York, Newburgh, Oswego, Rochester, Poughkeepsie, Syracuse, Schenectady, Troy and Utica. Such statements shall specify the crimes, the whole number convicted, sex, age, nativity, married or single, degree of education, religious instruction, parents living or dead, whether before convicted or not of any crime, and whether temperate or intemperate. All courts in the city of New York having jurisdiction in cases where criminal convictions are had, are hereby for the purposes of this act, declared courts of special sessions, whether composed of one or more police magistrates. Whenever any city shall hereafter be erected or incorporated in any county of this State, the sheriff of said county shall perform the same duties and make the same returns in regard to the persons convicted in courts of special sessions in said city, as the sheriffs of the counties named in this section are required to perform in regard to the cities named therein. As amended by Laws of 1866, ch. 723. Post, vol. 6, p. 811. CHAP. VIIL clerk of secsions. § 6. The clerk of the court of special sessions of the peace in the Report of city and county of New York, shall, within three days after the first general day of each month, transmit to the secretary of state a transcript of the entry of every conviction had during the preceding month in the special sessions of the said city and county, which transcripts shall contain the name of the offender, a description of the offense in such form as the said secretary shall prescribe, and the sentence upon each conviction. As amended by Laws of 1866, ch. 723. Post, vol. 6, p. 811. 7. Any justice or other judicial officer, before whom any person Duty of shall have been convicted of a criminal offence, other than in courts of Judges, &c. record, shall furnish to the sheriffs of their respective counties all the information they can obtain, to enable such sheriffs to comply with the provisions of this act, and shall make such inquiries of the persons convicted before them, and of others, as the secretary of state shall direct. 88. Any sheriff or magistrate who shall neglect or refuse to conform Penalty for to the provisions of this act, or the provisions of sections thirty-eight and thirty-nine of article third, chapter two, part four, Revised Statutes, shall be liable to the penalty prescribed in the first section hereof. As amended by Laws of 1866, ch. 723. Post, vol. 6, p. 811. omission. act. 89. The secretary of state shall cause this act to be published in Secretary to pamphlet form, together with the instructions for its execution, and publish this shall cause the same to be distributed among the officers herein mentioned, and whenever this act shall be amended, and whenever any change or modifications or additions in or to the instructions under it shall in his opinion become necessary, he shall cause the same to be published and distributed as aforesaid, the expenses of which printing and publishing shall be paid by the treasurer on the warrant of the comptroller. The secretary shall annually report to the legislature the results of the information obtained in pursuance of this act. As amended by Laws of 1866, ch. 723. Post, vol. 6, p. 811. $10. All acts or parts of acts inconsistent with the provisions of Repeal. this act are hereby repealed. § 11. The secretary of state shall furnish, from time to time, to the Form of keepers of the several jails throughout the state, including the city returns. prison of New York, commonly called the Toombs, the following blank schedule for periodical returns, which shall be made weekly PART IV. returns. from all jails where the commitments average ten a week and upwards; monthly, from all jails where the commitments average between two and ten a week; and quarterly, from all other jails; said returns to be transmitted by mail on or before the expiration of five days after the period for which they are required to be made. Admissions: Registered number, name, date of committal, offense charged, number of former committals, authority committing, age, sex, race, nativity, ever learned a trade, ever married, ever in reformatory, whether either or both parents died before the prisoner was fifteen, religion, whether temperate or intemperate, value of property stolen, value of property burned, sentence, when discharged, how discharged. Discharges: Registered number, name, date of committal, offense charged, when discharged, how discharged, time in prison. Number remaining in jail by last report. Number received since last report. Number discharged since last report. Contents of § 12. The said secretary shall also furnish the sheriffs of the several counties with the following blank schedule for annual returns, to be made up to the thirtieth day of October in each year, and to be transmitted to said secretary on or before the first day of December next ensuing. 1. Sum expended for prisoners' board. Duplicates 2. Sum expended for turnkey's fees, or salary of officers. 3. Sum expended for medicines and medical attendance. 5. Sum expended for beds and bedding. 6. Sum expended for fuel and lights. 7. Sum expended for instruction (secular and religious). 8. Sum expended for furniture and ordinary repairs. 9. Sum expended for prisoners' washing. 10. Sum expended for all other purposes, stationery, soap, brooms, &c., &c. 11. Total amount expended. 12. Average annual costs of prisoners per capita. 13. Price allowed per week for board by supervisors. 14. Nature of instruction given (i. e., whether secular or religious). 15. Number of volumes in prison library. 16. Estimated value of real estate. § 13. Every keeper of a jail in the state shall make duplicate copies of returns. of all schedules of admissions and discharges; one to be filed and kept permanently in the archives of the jail, the other to be transmitted, as provided in section eleven of this act, to the secretary of state. Penalty for neglect. Cost of § 14. Every sheriff or keeper of a jail who neglects to make and transmit, according to the provisions of this act, true answers to the inquiries contained in the foregoing schedules, shall forfeit the sum of fifty dollars for each case of neglect or refusal, to the use of the people of this state; the said penalty to be enforced and collected in a suit by the attorney general. § 15. The actual cost of printing the schedules provided for in secprinting. tions eleven and twelve of this act, of transmitting the same to the sheriffs and jail keepers throughout the state, and of postage incurred in the execution of this act, shall be paid by the treasurer, on the warrant of the comptroller. New York ciation. § 16. The secretary of the state is hereby authorized to avail himprison asso- self of the aid of the prison association of New York in carrying into effect the provisions of this act, so far as they relate to the statistics of common jails. [§§ 11 to 16 added by Laws of 1866, ch. 723. Post, vol. 6, p. 811.] CHAP. IX. CHAPTER IX. Foreign Convicts. CHAP. 230. AN ACT to prevent the introduction of foreign convicts. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. The master or commander of any ship, boat or other Penalty. vessel arriving from a foreign country, who shall knowingly bring any person, either as a passenger or hand, into any port, city, harbor or place within this state, with intent to land or to permit to land such passenger or hand, which passenger or hand shall have been or shall be a foreign convict of any felony, which if committed in this state would be punishable therein, shall be considered for such offence guilty of a misdemeanor, and shall be punished by fine or imprisonment; but such fine shall not exceed three hundred dollars, nor shall the imprisonment exceed one year for each offence. remitted $2. The court before whom such conviction shall take May be place may remit the punishment referred to in the first section of this act, if satisfied that the said commander or master has re-conveyed said convict or convicts to the place from whence he took them, on payment of the costs of prosecution. |