CHAP. 459. AN ACT to authorize the trustees of the village of Oswego to sell certain land belonging to said village. Passed December 14, 1847. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: block 26, W. may be sold, § 1. The board of trustees of the village of Oswego, are Part of marhereby authorized and empowered to sell at auction or at ket lot No.2, private sale, and to convey by deed, or to execute a contract Oswego for a future conveyance for that part of market lot number two, in block twenty-six, West Oswego, which is bounded north by property owned by Sylvester Doolittle, J. D. Ledyard and M. M. Burr, and now occupied by Doolittle and Mollison: east by the Oswego river; south by market avenue; and west by Water-street: The said part of lot being forty-four feet on the Oswego river, by about seventy feet deep. The said trustees may give such credit for the payment of the whole or any part of the purchase money of said property, as they shall deem expedient, and for the interests of the said village, and may take a mortgage upon said property, or other security for the payment of the said purchase money: and the avails of such sale, as fast as received, shall be applied towards the payment of a debt owing by the said village, and secured by a mo.tgage on its market building, § 2. This act shall take effect immediately. CHAP. 460. 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, "three-fifths being present." The People of the State of New York represented in Senate and Assembly do enact as follows: TITLE I. Of the county prisons. ART. 1. Designation of the several county prisons and provisions concerning their management. ART. 2. Of the inspection of county prisons, and the discharge and delivery of prisoners confined therein. Common jails to be ARTICLE FIRST. Designation of the several county prisons, and provisions concerning their management. § 1. The common jails in the several counties of this state used as pri- shall be kept by the sheriffs of the counties in which they are respectively situated, and shall be used as prisons, sons. Each to contain sufficient num ber of rooms Duty of keepers. Certain prisoners to be parate rooms. 1. For the detention of persons duly committed, in order to secure their attendance as witnesses in any criminal case; 2. For the detention of persons charged with crime, and committed for trial; 3. For the confinement of persons duly committed for any contempt, or upon civil process, and 4. For the confinement of persons sentenced to imprisonment therein, upon conviction for any offence. §2. Each county prison shall contain 1. A sufficient number of rooms for the confinement of persons committed on criminal process and detained for trial, separately and distinct from prisoners under sentence: 2. A sufficient number of rooms for the confinement of prisoners under sentence. 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 offence; and shall not, without lawful authority, let out of prison, on bail or otherwise, any such person. § 4. Prisoners committed on criminal process, and detainkept in seed 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. Male and female. Conversation to be § 5. Male and female prisoners (except husband 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 prevented. 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 Prisoners counsel, and with such other persons as the keeper, in his verse with discretion, may allow; prisoners under sentence shall not be counsel, &c. 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. plied with § 8. Prisoners detained for trial and those under sentence, To be supshall be provided with a sufficient quantity of inferior but wholesome wholesome food, at the expense of the county; but prison- food. ers detained for trial, may, at their own expense, and under the direction of the keeper, be supplied with any other proper articles of food. ployed at §9. It shall be the duty of the keeper of each county To be em prison to cause each prisoner under sentence, except such as hard labor. 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. may be em streets; &c. § 10. The keepers of the said prison shall respectively have Convicts power, with the consent of the supervisors of the county, ployed on from time to time, to cause such of the convicts under their highways, 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. employed to § 11. Whenever any convicts shall be employed under the When so last section, they shall be well chained and secured; and be chained. shall be subject to such regulations as the keeper legally charged with their custody shall from time to time pre scribe. of sections 12. The provisions contained in the twenty-fourth, Provisions twenty-fifth, twenty-sixth, and twenty-seventh sections in of R. the second article of the sixth title of the seventh chapter of apply. 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. provide a bi § 13. It shall be the duty of the keeper of each county Keepers to prison to provide a bible for each room in the prison to be ble for each kept therein, and he shall, if practicable, cause divine ser- room. vice to be performed for the benefit of the prisoners at least Provision respecting insane per sons. Keeper to make a dai 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 ly record of prison to keep a daily record of the commitments and disments and charges of all prisoners delivered to his charge, which record discharges. shall exhibit the date of entrance, name, offence, term of • commit Keeper to receive per sons com. mitted by U. S. courts. Inspectors of state prisons 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 offence 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. ARTICLE SECOND. Of the inspection of county prisons and the discharge and delivery of prisoners confined therein. § 17. It shall be the duty of the inspectors of the state to inspect prison to visit and inspect, either separately or collectively, county pri- at least once in each year, all the jails or other county prisons, penitentiaries and houses of detention in this state. sons. 1 Counties to be divided among the §18. For the purpose of carrying into effect the provisions of the preceding section, they shall as soon as practicainspectors to ble after entering upon their official duties, designate and set visit prisons. 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. governor, comptroller, § 19. Such plan and regulations when agreed upon and Plan to be adopted by the board of inspectors, shall be by them imme-submitted to diately submitted to the governor, comptroller and attorney and attorney general for their approval, but shall subsequently be subject general., 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 effect. keepers to spectors into every part, § 20. It shall be the duty of the sheriff and keeper of Sheriffs and each of the jails and prisons to admit the said inspectors, admit inor any one of them, into every part of said jail or prison; to exhibit to them, on demand, all the books, papers, documents &c. and accounts pertaining to such jail or prison, or to the detention of persons confined therein; and to render them every other facility in their power to enable them to discharge the duties above prescribed, and to enable them to obtain any necessary information; the said inspectors shall have power to examine on oath, to be administered by any one of them, any of the keepers or officers of such prison or jails, and any person not under sentence confined therein, and to converse with any of the prisoners so confined, without the presence of the keepers thereof, or any of them. to make a § 21. Such inspector or inspectors, after a careful and Inspectors thorough examination and inspection of each jail and prison, detailed reshall immediately make a detailed report of the same, stating port the condition of the same at the time of such inspection, the number of persons confined therein for the year ending at the date of such report, the causes of such confinement, the manner in which convicts confined in such jail or prison during that period have been employed, the number of persons usually confined together in one room, the distinction, if any, usually observed in the treatment of persons therein confined, the evils and abuses, if any, found to exist in the prison, and particularly whether any of the rules and regulations prescribed by said board of inspectors or the provisions contained in title first of this act have been violated, so far as the information required in this section can be obtained from the records of said jail or prison or otherwise. be noted and ments to be suggested. § 22. It shall be the duty of such inspector or inspectors Defects to to note and include in such report, or append thereto any improvedefect or defects he may deem to exist in the structure and arrangements of said jail or prison, and to suggest such improvements in the same as he may deem to be necessary to carry into successful operation and to ensure uniformity in the sys |