§ 81.

Relief of soldiers and veterans.

L. 1916, ch. 532.

of the city of New York shall, out of the amount appropriated for such relief, provide a cash fund to be placed under the control of the commissioner of public charities from which to pay such relief, and he shall replenish said fund upon presentation of properly receipted recommendations for the amounts paid out of said fund. Moneys actually laid out and expended except in the boroughs of the city of New York by any such post or camp for the relief specified in section eighty of this chapter shall be reimbursed monthly to such post or camp by the comptroller on vouchers duly verified by the commander and quartermaster of said post or camp, showing the date and amount of each payment, the certificate of the post or camp relief committee, signed by at least three members, none of whom shall have received any of the relief granted by the post for which reimbursement is asked, showing that the person relieved was an actual resident of such city, and that they recommend each payment, and the receipt of the recipient for each payment, or in case such receipt could not be obtained, a statement of such fact, with the reason why such receipt could not be obtained. Such vouchers shall be made in duplicate on blanks to be supplied by the comptroller and shall be presented to the commissioner of public charities for the borough in which the headquarters of the post or camp is situated, and if such commissioner is satisfied that such moneys have been actually expended as in said voucher stated, he shall approve the same, and file one of said duplicates in his office and forward the other to the comptroller, who shall pay the same by a warrant drawn to the order of the said commander. And provided further that in the city of New York if the comptroller is satisfied that a poor or indigent soldier, sailor or marine, who has served in the military or naval service of the United States, or his family, and has been honorably discharged therefrom, or the families of any who may be deceased, are in actual want, and that immediate relief is needed by either, provided he or they shall have been residents of the state for the year last past, and is or are actual residents of said city, he may in his discretion authorize and empower the commander of the post or camp to furnish relief to him, or them, in a reasonable amount, and pay the amount by warrant to the commander of the post or camp, taking the receipt in duplicate of the commander of the post or camp therefor, and file one of said receipts in his office, and forward the other to the commissioner or deputy commissioner of charities for the borough in which the headquarters of the post or camp is situated; and said duplicate receipts shall be the vouchers for the payment of the same. And provided further, that in any city, county or borough, in which Grand Army posts or camps have organized or may organize a memorial and executive committee, the latter shall be regarded as a post of the Grand Army of the Republic or a camp of the United Spanish War Veterans. And the chairman, treasurer, or almoner and bureau of relief or relief committee referred to, shall exercise the same privileges and powers as the commander, quartermaster and relief committee of a post or camp, on com

L. 1916, ch. 379.

Distinction between town and county poor.

§ 138.

plying with the requirements of this and the preceding section. Wilful false swearing to such voucher shall be deemed perjury and shall be punishable as such. (Amended by L. 1910, ch. 102, L. 1913, ch. 594, L. 1915, ch. 563, and L. 1916, ch. 532, in effect May 12, 1916.)

§ 138. Boards of supervisors may abolish or revive distinction between town and county poor.-The board of supervisors of any county may, at an annual meeting or at a special meeting called for that purpose, by resolution, abolish or revive the distinction between town and county poor of such county, as to poor persons over the age of sixteen years, or as to poor persons of the age of sixteen years or under, or as to both, by a vote of two-thirds of all the members elected to such board, and until such abolition or revival, such county, or the towns therein, shall continue to maintain and support their poor as at the time when this chapter shall take effect. The clerk of the board shall, within thirty days after such determination, serve, or cause to be served, a copy of the resolution upon the clerk of each town, village or city within such county, and upon each of the superintendents and overseers of the poor therein. Upon filing such determination to abolish the distinction between such town and county poor, duly certified by the clerk of the board, in the office of the county clerk, such poor of the county shall thereafter be maintained, and the expense thereof defrayed by the county; and all costs and charges attending the examinations, conveyance, support and necessary expenses of such poor persons therein, shall be a charge upon the county. Such charges and expenses shall be reported by the superintendent of the poor, to the board of supervisors, and shall be assessed, levied and collected the same as other county charges. (Amended by L. 1916, ch. 379, in effect May 1, 1916.)

§§ 50, 121, 129.

Annual report of superintendent.

L. 1916, ch. 118.

PRISON LAW.

(L. 1909, ch. 47.)

§ 50. Reports of prison officers.-The agent and warden of every prison, the superintendent or manager of every penitentiary, the keeper of every jail or other institution used for the detention of sane adults charged with or convicted of crime or detained as witnesses or debtors, subject to the visitation of the commission, shall, besides such information as may from time to time be required of him by the state commission of prisons pursuant to the powers hereinbefore conferred, on or before the first day of August in each and every year, report to said commission the number of male and female persons charged with crime and awaiting trial, the number convicted of crime, the number detained as witnesses and as debtors in his custody on the first day of July last past, together with a statistical exhibit of the number of admissions, discharges and deaths which have occurred within the past year, the nature of the charge, the period of detention or sentence, and such other facts and information as the commission may require. (Amended by L. 1916, ch. 118, § 21, in effect Apr. 3, 1916.)

§ 121. Annual report of superintendent.-It shall be the duty of the superintendent of state prisons on or before the tenth day of January in each year to report to the legislature in writing the condition of each of the prisons for the year ending with the last day of the previous June, specifying the number of convicts confined during such year, and for what offenses, the number transferred from any prison and the reason therefor in each case, the moral, intellectual and physical condition of the prisoners and how employed, the amount of money expended during such year and how, in detail, the amount of money earned during such year and how, in detail, the amount paid into the treasury during such year, and such other matters as may seem pertinent and proper in the judgment of the superintendent. (Amended by L. 1916, ch. 118, § 22, in effect Apr. 3, 1916.)

§ 125. Deposit of convicts' deposits and earnings.

Payment to convicts.-Neither money nor articles brought to a prison by a convict upon his commitment, or any of his earnings, can be paid to him, except with the approval of the superintendent of state prisons, and also the agent and warden of the prison, and all money standing to the credit of a prisoner should be withheld from him until the provisions of the Prison Law relative to the payment of such funds have been fully complied with. Atty. Genl. Opin., 5 State Dep. Rep. 478 (1915).

§ 129. Annual report.-The agent and warden of each of said prisons shall, on or before the fifteenth day of August in each year, render to the

L. 1916, ch. 118.

General duties of clerk.

§§ 134, 136.

superintendent of state prisons a full and true report for the year ending with the last day of the previous June, of all moneys received by him on account of the prison under his charge, and all the moneys expended under his direction for the use thereof, and also an inventory of the goods, raw materials and other property of the state on hand on the last day of the previous June, which account and inventory shall be attested by the oath of the agent and warden and clerk of the prison to be just and true, together with a statement of all changes in the officers of such prison during such year, and the annual reports to the agent and warden of the clerk, physician and chaplain of each prison, and such other matters as shall be required by the superintendent of state prisons. (Amended by L. 1916, ch. 118, § 23, in effect Apr. 3, 1916.)

§ 134. Convicts' money and other property; what to be furnished them on release.

Payment to convicts.-Neither money nor articles brought to a prison by a convict upon his commitment, or any of his earnings, can be paid to him, except with the approval of the superintendent of state prisons, and also the agent and warden of the prison, and all money standing to the credit of a prisoner should be withheld from him until the provisions of the Prison Law relative to the payment of such funds have been fully complied with. Atty. Genl. Opin., 5 State Dep. Rep. 478 (1915).

§ 136. General duties of clerk.-It shall be the duty of the clerk of each of said prisons to conform to the rules of discipline established by the superintendent of state prisons, and to perform his duties as prescribed by the comptroller in accordance with law; to keep a register of convicts, in which the names of the convicts shall be alphabetically arranged, and in which shall be entered, under appropriate columns, the date of conviction, where born, age, occupation, complexion, stature, crime, court in which, county where convicted, term of sentence, number of previous convictions, to what prison or prisons previously sent, when discharged and how discharged, and such additional facts as the superintendent of state prisons may require to be stated on the register; to annually report to the agent and warden of such prison on the first day of August the number of convicts remaining in prison on the last day of the previous June, the number received during the year ending with the last day of the previous June, the number discharged by expiration of sentence, habeas corpus or by the courts, the number of deaths and escapes, and the number transferred to any other penal institution during such year, and the number remaining in prison on the last day of said June; to keep books of account of the financial transactions of the prison; to keep a separate account in a book provided for that purpose of all money and other articles received by the agent and warden from each convict, crediting such convict therefor; to enter each bill taken by the agent and warden of the prison in the books of the prison at the time of the receipt of the articles mentioned in such account, and in case the articles received do not agree in all respects

§ 182.

Articles to be manufactured; sale.

L. 1916, ch. 533. with the invoice, he shall immediately notify the agent and warden of such discrepancy, and note in his book the discrepancy, whether in weight, quantity or quality; to preserve in the prison a set of all official reports made to the legislature respecting the same, and a set of similar reports in relation to each of the other state prisons, and for that purpose a suitable number of such reports, when printed, shall be supplied to him by the superintendent of state prisons; to make an annual report, attested by his oath to be just and true, to the secretary of state, on or before the first day of September of each year, stating the names of convicts discharged or pardoned from said prison during the year ending with the last day of the preceding June, and all the particulars in relation to such convicts as are required to be stated in the agent and warden's monthly report to the superintendent of state prisons, and stating also, in the cases of pardons, the time unexpired of the time for which the convicts so pardoned were respectively pardoned, when such pardons were granted, and the conditions, if any, on which they were granted, and also the state of health of each convict so pardoned at the time of his discharge. (Amended by L. 1915, ch. 105, and L. 1916, ch. 118, § 24, in effect Apr. 3, 1916.)

§ 182. Articles manufactured to be furnished to the state or division thereof. The superintendent of state prisons, and the superintendents of reformatories and penitentiaries, respectively, are authorized and directed to cause to be manufactured by the convicts in the prisons, reformatories and penitentiaries, such articles as are needed and used therein, and also such as are required by the state or political divisions thereof, and in the buildings, offices and public institutions owned or managed and controlled by the state, including articles and materials to be used in the erection of the buildings. All such articles manufactured in the state prisons, reformatories and penitentiaries, and not required for use therein, shall be of the styles, patterns, designs and qualities fixed by the board of classification, and may be furnished to the state, or to any political division thereof, or for or to any public institution owned or managed and controlled by the state, or any political division thereof, at and for such prices as shall be fixed and determined as hereinafter provided, upon the requisitions of the proper officials, trustees or managers thereof. No article so manufactured shall be purchased from any other source, for the state or public institutions of the state, or the political divisions thereof, except uniforms for the inmates of the New York State Soldiers and Sailors' Home or of the New York State Women's Relief Corps Home, unless said state commission of prisons shall certify that the same can not be furnished upon such requisition, and no claim therefor shall be audited or paid without such certificate. (Amended by L. 1916, ch. 533, in effect May 12, 1916.)

§ 187. Disposition of moneys paid to prisoner for his labor.

Payment to convicts.-Neither money nor articles brought to a prison by a con