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consider it for the interest of the state to accept the highest price thus offered and reported, said board shall pass a resolution to that effect, directing the agent and warden to enter into a contract in the form prescribed in the preceding section of this act, with the parties making the proposal and his or their sureties.

CHAP. III.

false swear

$15. All false swearing by any person under any of the Penalty for provisions of this act, or of which it is amendatory, shall be ing. deemed perjury, and punishable as such. Whenever there shall be more convicts in any state prison than there are separate cells for the accommodation of each, and there are vacant cells in either of the other prisons, inspectors of state prisons may order the agent and warden of the prison in which such convicts are confined to order the transfer of such number of convicts as there shall be vacant cells in the prison to which they are transferred. In selecting convicts so to be transferred the agent and warden shall take those convicts last received at the prison.

$ 16. All acts or parts of acts inconsistent with this act, are hereby repealed.

[The other sections of this act amend ch. 460, Laws of 1847, and are incorporated in ch. III, part IV of Revised Statutes.]

CHAP. 458.

AN ACT to increase the compensation of assistant matrons of the Sing Sing female prison.

PASSED April 16, 1860; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

matrons.

S1. The assistant matrons of the female prison at Sing Salary of Sing, shall each receive a salary of four hundred and eighty dollars per annum, payable monthly.

$ 2. All acts and parts of acts inconsistent with this act are hereby repealed.

CHAP. 403.

AN ACT to increase the duties and compensation of the physicians respectively at the Auburn, Sing Sing and Clinton prisons.

PASSED April 21, 1862; three-fifths being present.

The People of the State of New York, represented in Senate

and Assembly, do enact as follows:

§ 1. It shall be the duty of the physicians, respectively, at Duty of the Auburn, Sing Sing and Clinton prisons, in addition to the physicians.

PART IV.

Their pay.

Revised Statutes amended.

Convicts

may earn commuta. tion.

Manner of

doing it.

duties now required by law, to attend daily during the proper business hours at the prisons for which they are respectively appointed, and at all times hold themselves in readiness to discharge their duties as such physician, respectively, unless by the direction of an inspector, or of the agent and warden of the prison at which he is employed, he is otherwise engaged in transacting business on account of the prison.

$ 2. From and after the passage of this act, the compensation of the physician at the Sing Sing prison shall be the sum of twelve hundred dollars per annum, and the compensation of the physician at the Auburn prison shall be one thousand dollars per annum, and the compensation of the physician of the Clinton prison shall be eight hundred dollars per annum, each payable monthly.

CHAP. 417.

AN ACT to alter the term for which criminals may be sentenced to State Prison and to provide for their earning a commutation of sentence and an increase of the amount to be paid them on their discharge.

PASSED April 22, 1862; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S1. Section thirteen of title seven, chapter one part fourth of the Revised Statutes is hereby amended by striking out the words "two years" in the last line of said section, and inserting in the place of the words so stricken out the words "one year."

[The section intended to be reached by this act is § 12, not § 13.]

S2. Every convict confined in any state prison in this state, and every convict confined in any penitentiary in this state, under sentence on conviction for a felony, may earn for himself a commutation or diminution of the term of his sentence, subject to the provisions of section four hereof, and in the manner following:

If he shall diligently work the number of hours prescribed by the rules of the prison or penitentiary, during each day that he is ordered to work, for the space of one month, and if he shall well obey the rules and quietly submit to the discipline of the prison or penitentiary for the space of one month, he shall be entitled, for every period of one month for which he shall so work, obey and submit, to a commutation or deduction from the term for which he has been sentenced of one day. If he shall so work and obey and submit for the space of six or more successive months, he shall be entitled for every one of said six or more successive months to a commutation or deduction from the term for which he was sentenced of two

CHAP. III.

Female

days, which two days shall be in addition to the deduction of one day for each month hereinbefore provided for. The pro- prisoners. visions of this section shall, so far as they are applicable, apply to female prisoners confined in any state prison of this state, or in any penitentiary therein, and also to any prisoner confined in any state prison of this state, or in any penitentiary therein, for whom the agent or other officer of said state prison has no work at which to put him under any contract for the labor of convicts; provided, however, that the provi- Proviso. sions of this act shall not affect the case of any person who shall be under a sentence of imprisonment for the term of his natural life.

$3. It shall be the duty of every agent or other officer having charge of a state prison or penitentiary in this state, whenever a convict is delivered to him for confinement in the said state prison or penitentiary, to make known to him the provisions of the second section hereof.

and ma

keep record

same.

§ 4. It shall be the duty of the keepers and matron of each Keepers state prison and penitentiary in this state to keep such record, trons to day by day, of the manner of working of each convict therein of work. to whom the provisions of this act shall be applicable, and of his conduct therein, as shall show what convicts have fulfilled the requirements of the second section thereof, and each of To report such keepers or matron shall report such record at the end of each month to the agent or principal keeper of the prison or penitentiary, and it shall be the duty of the agent or principal keeper of such state prison or penitentiary to preserve such record; and he shall, not more than thirty days before the term of each convict expires, as diminished by said record, transmit a copy of such record to the governor, which shall give the name of such convict, the date of his reception, the term of his sentence; and the governor of the state of New York may thereupon, in his discretion, direct the abatement or deduction of the term of the sentence of said convict of the number of days of commutation or diminution thereof which said convict shall have earned.

ceived from

applied to

victs dis

§ 5. The funds arising from the fees charged to visitors at Fees rethe state prisons and penitentiaries may be applied under the visitors direction of the inspectors of prisons by the warden to the use use of conand benefit of convicts upon their discharge, provided that no charged. convict shall receive any greater sum than ten dollars in Proviso. addition to the amount now allowed by law, and also that the condition of the allowance of such additional sum shall be the good behavior of the convict during his imprisonment.

56. All acts and parts of acts inconsistent herewith, are Repeal. hereby, so far forth as inconsistent herewith, repealed.

PART IV.

Preamble.

Corpora

tion created

Style, &c.

Proviso.

Concerns to

be conduct

managers.

CHAPTER IV.

Juvenile Asylums.

CHAP. 126.

AN ACT to incorporate the society for the reformation of juvenile delinquents in the city of New York.

PASSED March 29, 1824.

WHEREAS by the petitions of several inhabitants of the city of New York, it is represented that they are desirous of establishing a society and house of refuge, for the reformation of juvenile delinquents in the said city, and have prayed to be incorporated: Therefore,

S1. Be it enacted by the People of the State of New York, represented in Senate and Assembly, That all such persons as now are, or hereafter shall become subscribers to the said association, pursuant to the by-laws thereof, shall be, and hereby are constituted a body corporate and politic, by the name of "The managers of the society for the reformation of juvenile delinquents in the city of New York;" and by that name they shall have perpetual succession, and being in law capable of suing and being sued, defending and being defended, in all courts and places, and in all manner of actions and causes, whatsoever; and may have a common seal, and change the same at their pleasure; and shall be capable in law, by that name and style, of purchasing, holding and conveying any estate, real or personal, for the use of the said corporation: Provided, That such real estate shall never exceed the yearly value of ten thousand dollars, nor be applied to any other purpose than those for which this incorporation is formed.

$2. And be it further enacted, That the estate and concerns ed by thirty of the said corporation shall be conducted by a board of thirty managers, to be elected by a plurality of ballots of the members resident in the city of New York, being subscribers as aforesaid, and present at such election, yearly on the third Monday of November, at such place in the said city, and at such time of the day, as the board of managers may from time to time appoint, and of which public notice shall be given; and if any vacancy shall occur by the resignation, removal or otherwise, of any one of the said board, the same shall be filled for the remainder of the year by such person or persons, being subscribers as aforesaid, as the board for the time being, or a major part of them, shall appoint; and until the election on the third Monday in November, in the year

CHAP. IV.

gera.

one thousand eight hundred and twenty-five the following
persons shall compose the said board of managers, to wit:
Cadwallader D. Colden, John Griscom, John Duer, Jonathan First mana-
W. Wainwright, Isaac Collins, Thomas Eddy, Ansel W. Ives,
John T. Irving, John E. Hyde, Cornelius Dubois, James W.
Gerard, Joseph Curtis, John Stearns, Ralph Olmstead, Robert
F. Mott, Stephen Allen, Henry J. Wyckoff, Samuel Cowdrey,
John Targee, Arthur Burtis, Joseph Grinnell, Hugh Maxwell,
Henry Mead, Peter A. Jay, Gilbert Coutant, Cornelius R.
Duffey, and James Lovett: And it is hereby further enacted,
That no manager of the said society shall receive any com-
pensation for his services.

$3. And be it further enacted, That if the annual election Elections. shall not take place on the stated day for that purpose, the said corporation shall not thereby be dissolved, but the members of the said board shall continue in office until a new election, which shall be had at such time and place, and after such notice, as the said board shall prescribe; and in case of an equality of votes for any one or more persons, as a member or members of the said board of managers, the said board shall determine which of such persons shall be considered as elected, and such person or persons shall take his or their seats, and act accordingly.

duty of the

$ 4. And be it further enacted, That the said managers shall Power and have power, in their discretion, to receive and take into the managers. house of refuge to be established by them, all such children, who shall be taken up and committed as vagrants, or convicted of criminal offences, in the said city, as may in the judgment of the court of general sessions of the peace, or of the court of oyer and terminer, in and for the said city, or of the jury before whom any such offender shall be tried, or of the police magistrates, or of the commissioners of the alms house and bridewell of the said city, be proper objects; and the said managers shall have power to place the said children committed to their care, during the minority of such children at such employments, and to cause them to be instructed in such branches of useful knowledge, as shall be suitable to their years and capacities; and they shall have power in their discretion, to bind out the said children, with their consent, as apprentices or servants, during their minority, to such persons, and at such places, to learn such proper trades and employments, as in their judgment will be most for the reformation and amendment, and the future benefit and advantage of such children: Provided, That the charge and power of the said managers, upon and over the said children, shall not extend, in the case of females, beyond the age of eighteen years.

55. And be it further enacted, That all and singular the clauses and provisions in the act, entitled "An act concerning apprentices and servants," relating to the covenants to be inserted in the indentures of apprentices and servants, made

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