^i^" •> «"^ (.(If ip. Cornell University Law Library The Moak Collection PURCHASED FOR The School of Law of Cornell University And Presented February 14, 1893 IN HEnORY OF JUDGE DOUGLASS BOARDMAN FtRST DEAN OF THE SCHOOL By his Wife and Daughter A. M. BOARDMAN and ELLEN D. WILLIAMS KFN6199^A322C6"'*""""-"'"^>' "'iaffiH,.!S..KlS,.A!bany county Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924022800183 STATUTES EELATING TO THE u klkttg f ujintg f cttitJtttiatg, FORMS OF COMMITMENT, RECORD OF CONVICTION, CONTRACT WITH BOARDS OF SUPERVISORS, ETC., ETC. COMPILED AND PREPARED BY NATHANIEL C. MOAK, DISTRICT ATTOKNET OS AlBANY COUNTY, REQUEST OF AMOS PILSBITET, SUPERINTENDENT. ALBANY, N. Y. : J. MUNSELL, 82 STATE STREET. 1872. O 4 \ *x STATUTES KBIATING TO THE ALBANY COUNTY PENITENTIARY. [Lavs 1844, p. 224.] *Chap. 152. AN KGTfor the construction of a Penitentiary, and in relation to the relief of the Poor in the county of Albany. Passed April 13, 1844. The People of the Stale of New-York, represented in Senate and Assembly, do enact as follows : % 1. The board of supervisors of the county of Albany periten- shall cause to be erected, at such place within the limits erected. * of said county as shall be designated in the manner hereinafter directed, a suitable building or buildings for a penitentiary, for the safe keeping and employ- ment of vagrants, disorderly persons, and all prisoners (except in cases of convictions for felony) who shall be sentenced to confinement at hard labor, or to solitary imprisonment, by any court held in said county or in the city of Albany. g 2. Samuel Pruyn and Barent P. Staats, of the city commis- of Albany, and Lewis M. Dayton, of Eensselaerville, in focate'^Bi°e . -1 11 -11 • • "od r^- said county, are hereby appointed commissioners, port, whose duty, or that of a majority of whom, after taking the constitutional oath of office, it shall be, without unnecessary delay, to select a proper site for the loca- 4, STATUTES RELATING TO THE tion of the said penitentiary, with proper grounds to be attached thereto ; and within six months from the passage of this law to report such location, together with a detailed plan for the construction, management and discipline of the said penitentiary, and an estimate of the expense of the land for the site and of the con- struction thereof, to the said hoard of Supervisors. In case of a vacancy by death, resignation, removal from said county, refusal or neglect to serve, or otherwise, in the said board of commissioners, such vacancy shall be filled by the person administering the government Their pay. of this State. The said commissioners shall each re- ceive, for their services, three dollars for each day while actually employed in the discharge of their duties, and such sum as shall be actually incurred by them in obtaining the necessary plans, estimates and informa- tion preparatory to the report to be made by them as aforesaid ; such several sums to be paid by the said board, and the amount thereof added to the sum to be raised by tax as hereinafter mentioned. Dntyofsu- § 3. Upou such report being made, the said board aMmayor of supervisors, together with the mayor and recorder corder. of the city of Albany, who shall be associated with the said board for that purpose, or a majority of them, shall exarniue the same and determine thereupon ; and the said board and mayor and recorder may alter, modify, reduce or increase the site, plan *or expense of [225 construction of said penitentiary, as specified in the said report, in any manner as to them shall seem fit, expedient or necessary. The said commissioners, hereinbefore named, (at the expiration of ninety days after the report shall have been made to the said board of supervisors, and delivered to the chairman or clerk of said board,) sliall procure the lands necessary for the site of the said penitentiary, and proceed to con- struct the same, at such place and on such plan, in all respects, as the said board of supervisors, with the ALBANY COUNTY PENITENTIARY. 5 mayor and recorder, shall, in manner^aforesaid, have approved and directed. But if the report of the said commissioners shall not have been approved'by the said board, v^ith the mayor and recorder, and no site for the said building or plan for the erection thereof, shall have been agreed on by the said board, with the mayor and recorder as aforesaid, then it shall and may be lawful for the said commissioners to select such site for the said building and the gi'ounds to be connected therewith, and to proceed in the construction of the same on such plan as they, or a majority of them, shall deem best. g 4. The management and direction of the said pemten- penitentiary, when completed, shall be under the con- mauagea. trol and authority of the said board of supervisors and the said mayor and recorder of the city of Albany, who are hereby authorized and empowered, by their votes in joint meeting, to establish and adopt rules for the regulation and discipline of said penitentiary, toappoint officers to take charge thereof, to fix their compensa- tion and prescribe their duties, and generally to make all such by-laws and ordinances, in relation to the management and government thereof, as they shall deem expedient. But the person who shall be ap- pointed principal keeper of the said penitentiary, shall hold his office for the term of three years, unless sooner removed for incompetency, improper conduct, or other cause, to be particularly assigned. § 5. The said board of supervisors are authorized to a„por^i. borrow, on the credit of the said county, such sum or bomT^ sums of money as shall be necessary to defray all the™"""^' expenses "of procuring the site and completing the erec- tion of the said penitentiary ; and they are hereby also authorized and required to raise, levy and collect a sum sufficient to repay the same with the interest becoming due thereon, in not less than four nor more than eight equal annual instalments, on and from the taxable pro- 6 STATUTES RELATING TO THE perty in the city and county of Albany, in tlie same manner as other county charges are levied and col- lected ; and the said board of supervisors shall, from time to time, pay such di-afts as may be drawn on them by the said commissioners, or a majoi-ity of them, for 226] the cost of *the site and erection of the said building, not exceeding the amount at which such cost may have been fixed and determined by said board and the said mayor and recorder as aforesaid, in case the same shall have been so fixed and determined by them. Duty of ^6. Thesheriffofthecounty of Albany is authorized and required, at the request and under the direction of said board of supervisors, with the mayor and re- corder, to order and compel all persons, who shall be sentenced to imprisonment in the county jail at hard labor at any time during the erection of said peniten- tiary, to work and labor in and upon the building and construction of the same.* Personsto % 12. After the said penitentiary shall have been 1)6 coil- fined in Completed, or so far completed as to allow the confine- the peni- „ . , . , tentiary. ment of prisoucrs therein, and a certificate thereof shall have been filed in the office of the clerk of the county of Albany by the said commissioners, or a majority of them, it shall be the duty of the sheriff of the city and county of Albany, to confine all persons sentenced to confinement in the jail of said county, as mentioned in the first section of this act, by any court held in the said city or county, in the said penitentiary ; and the keeper thereof shall receive such persons and safely keep them for the term for Avhich they were sentenced, and employ them according to the discipline and rules established for the government of said penitentiary. ' Sections 8, 9, 10, and 11 relate to the Alms House and are omitted. ALBANY COUNTY PENITENTIARY. [Laws 1847, Vol. 1, p. 170.] Chap. 183. AN ACT to amend " An act for the construction of a Penitentiary, in the county of Albany" parsed April 13, 1844. Passed May 3, 1847. The People of the State of New York, represented in Se- nate and Assembly, do enact as follows : g 1. All persons wto shall be sentenced to confine- persons to meut at hard labor, or to solitary imprisonment (except sonS.^in in cases of convictions for felony,) by any court held in tontmry. the city or county of Albany, or by any justice of the peace, police justice, or other magistrate in said city or county of Albany, shall be sentenced to such confine- ment or imprisonment in thepenitentiary of said county, there to be received, kept and employed in the manner now presciibed by law. And it shall be the duty of such court, justice or magistrate, to cause all persons so sentenced, to be conveyed forthwith, by some proper officer or officers to said penitentiary; *and one- [171 half the fees now allowed by law, for conveying convicts to state prisons, shall be allowed and paid therefor, by the board of supervisors of said county, except when such service is rendered by any constable or officer in attendance upon any court of oyer and terminer, or general sessions for the city or for the county of Albany, who is paid by the day for such attendance, or by any police constable of the city of Albany, in which case only the actual expenses necessarily incurred by such officer in such service shall be paid him by the super- 8 STATUTES RELATING TO THE intendent of said penitentiary, and by him charged among the expenditures thereof. Justices g 2. It shall be lawful for any justice of the peace in tonce con- the county of Albany, to commit any person who shall geniton- be convictcd, before such justice, as a disorderly person, to the penitentiary instead of the jail of the county of Albany; there to remain, subject to the rules, regula- tions and discipline of said penitentiary, until discharged as provided by law. Vagrants. g 3. It shall be lawful for any justice of the peace, or-other magistrate having jurisdiction thereof, in the city or county of Albany, in all cases of complaints for vagrancy, to commit any person convicted upon such complaint, before said justice or magistrate, to said penitentiary, for a term not exceeding six months. (Amended 1859 page 1093, post). Under the § 4. Whenever any person under the age of sixteen years. ycars, shall be convicted of any felony, in auy court held in and for said city or county of Albany, such court may, in its discretion, sentence the person so con- victed, to confinement in said penitentiary, subject to its rules and discipline, for such terra as said court would be authorized by law, to sentence a person con- victed of a like often ce, to imprisonment in a state prison. Penalty S 5. Every person lawfully imprisoned in said peni- ingm™^" tentiary, who shall escape from thence, or who shall out. " " break said penitentiary, with intent to escape there- from, or who shall attempt by any force or violence, or in any other manner, to escape from such penitentiary although no escape shall be effected, shall, upon convic- tion thereof be punished by imprisonment in said peni- tentiary for a term not exceeding double the time for which he was so imprisoned, to commence from and after the expiration of his or her former sentence. Second g 6. Any person convicted and sentenced to said convic- .,,. 1 . •ij.-.T tions. penitentiary, by any court or magistrate in the city or ALBANY COUNTY PENITENTIARY. 9 county of Albany, upon a second conviction for the same offence in said city or coiinty shall be liable to imprison- ment in said penitentiary for double the term of the former sentence of such person. 172 *S '^- It shall be lawful for the board of super. 'Sfe'ntmay visors in either of the counties of Rensselaer, Saratoga, withothur Schenectady, Schoharie, Greene and Columbia, to enter to impri- into an agreement with the board of supervisors of the ^Jcts. county of Albany (or with any person in their behalf, by them appointed,) to receive and keep in said peni- tentiary, any person or persons who may be sentenced in either of said counties, to confinementat hard labor in the jail of such county, for anytime not less than three months. And it shall be the duty of the sheriff of any of said counties for which such agreement may be made as foresaid, upon receiving notice thereof in writing from the board of supervisors of such county, to convey all persons sentenced to confinement at hard labor in the jail of said county, for a term not less than three months, to the said penitentiary; and the keeper of said penitentiary shall receive such persons and safely keep them for the term for which they may be respect- ively sentenced, and employ them according to the discipline and rules of said penitentiary. And the oflicer conveying such convicts to said penitentiary, shall be paid by the county from which they are sent, such fees for said conveyance, as the board of supervisors of said county shall direct, g 8. This act shall take effect immediately. 10 STATUTES RELATING TO THE [Laws 1854, p. 576.] Chap. 261. AN ACT to auiliorize the confinement of persons, coiv- victed of certain offences in the county of Dutchess, in the Penitentiary of the county of Albany, and to prescribe the punishment of certain offences Passed April 15, 1854, three-fifths being present. The People of the State of New- York, represented in Senate and Assembly, do enact as follows : May con- (^ 1. It shall be lawful for the board of supervisors tract with "^ ^ supervi- of the countv of Dutchess to make and enter into an sors of "^ Albany, agreement with the board of supervisors of the county of Albany, or for axij persons on behalf of either board, and by said board appointed to contract for the recep- tion, custody and employment at hard labor in the peni- tentiary of said county of Albany, of any person or per- sons who may be convicted *of criminal offences [577 in said county of Dutchess, and sentenced to imprison- ment in the said jail thereof for anj'term not less than two months. And it shall be the duty of the sheriff' of the county, upon receiving notice in writing from the board of supervisors of the execution of such contract, to con- vey all persons sentenced to imprisonment, and then in the jail of said county for a term not less than two months, to the said penitentiary of the county of Albany, and the keeper of said penitentiary shall receive such persons and safely keep them for the term of sentence, and employ them according to the discipline and mica ALBANY COUNTY PENITENTIARY. H of such penitentiary. The sheriff conveying such con- victs shall be paid by the county of Dutchess such fees and expenses therefor as the board of supervisors of said county shall direct and allow. § 2. It shall be the duty of the court which may sentence hereafter sentence any person to cause such person to ers?™"" be conveyed forthwith, by the officer in whose charge the prisoner shall be, to the said penitentiary; and one- half the fees now allowed by law for carrying convicts to state prisons shall be allowed and paid therefor by the board of supervisors of said county of Dutchess. (Amended laws 1872, vol. 2, p. 1792, post). g 3. All persons convicted as vagrants in said county vagrants. of Dutchess may be sentenced by the convicting ma- gistrate to imprisonment at hard labor in said peniten- tiary for any term not exceeding six months. (Amended 1872, vol. 2, p. 1792, post.) §4. Whenever any person shall be convicted, be- Disorderly fore any lawful magistrate or court in said county of Dutchess, of being a disorderly person, under and by virtue of part first, chapter twenty, title five of the Re- vised Statutes, such magistrate may require and accept bail for the good behavior of such person, as provided by said title, or may at discretion commit the person so convicted to imprisonment at hard labor for any term not exceeding six months. g 5. This act shall take effect immediately. 12 STATUTES RELATING TO THE [Laws 1856, p. 251.] Chap. 158. AN ACT in relatimi to the punishment of crimes in certain cases. Passed April 11, 1856, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Place of g 1. 'Whenever any person under the age of tweiity- Satcd °"® ^^^ above the age of sixteen years, shall be con- victed of an offence punishable with imprisonment in the state prison, in either of the judicial districts of the state, having a penitentiary within said judicial district, the court before which such conviction shall be had, may, in its discretion, sentence the person so convicted to imprisonment in the penitentiary situated in that judicial district. Every person so sentenced shall be received into the said penitentiary and shall be kept and employed in the manner prescribed by law, and shall be subject to the rules and discipline of said peni- tentiary. Duty of g 2. It shall be the duty of the sheriff of any county within the said judicial district in which any person shall be convicted and sentenced, as in the first section is provided, to convey such person to the penitentiary situated in such judicial district, and deliver him to the superintendent thereof, for which such sheriff shall be paid by the state treasurer such fees as are allowed by law for conveying convicts to the state prison. § 3. This act shall take eflect immediately. Bheriff. ALBANY COUNTY PENITENTIARY. 13 [Laws 1858, p. 256.] Chap, 139.* AN ACT autJiorizing the imprisonment of persons convicted of certain crimes, in the counties of Mont- gomery and Oneida, in the Albany Gounty Peni- tentiary. Passed April 12th, 1858, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1. It shall be lawful for the several boards Boards of siiDcrvi- of supervisors of the counties of Montgomery and eora to Oneida, to enter into an agreement vpith the board of ^™|-^^ supervisors of the county of Albany, or with any person in their behalf by them appointed, to receive and keep in the Albany county penitentiary, any person or per- sons who may be sentenced to confinement at hard labor, by any court or magistrate in said counties of Montgomery and Oneida, for any term not less than Bixtj days. Whenever such agreement shall have been made, it shall be the duty of the several boards of supervisors of the counties of Montgomery and Oneida to *give public notice thereof, specifying in such [257 notice the period of the continuance of such agreement, which said notice shall be published in such news- papers printed in said counties, not less than two, and for such period of time, not less than four weeks, as the several boards of supervisors of said counties of Montgomery and Oneida shall direct. g 2. It shall be the duty of every court, police justice, Duties of justice of the peace, or other magistrate, by whom any ♦Amended Laws, 1859, p. 652, post page 16. 14 STATUTES BELATING TO THE person may be sentenced, in the counties of Mont- gomery and Oneida, for any terra not less than sixty days, for any crime or misdemeanor not punishable by impribonment in the state prison, during the continu- ance of the agreement mentioned in the first section of this act, to sentence such person to imprisonment in the Albany cov.nty fenitentiary, there to be received, kept and employed in the manner prescribed by law and the rules and discipline of said penitentiary; and it shall be the duty of such court, justice or magistrate, by a wari^ant duly signed by the presiding judge or justice of such court, or by such justice or other magistrate so giving such sentence, to cause such person so sentenced, to be forthwith conveyed by some proper officer to said penitentiary, sheiiffai § 3. It shall be the duty of the sheriff and constables BtoWee" in and for the counties of Montgomery and Oneida, to whom any warrant of commitment for that purpose may be directed, by any court or magistrate in this act mentioned, to convey such person so sentenced to the Albany county penitentiary, and there deliver such person to the keeper of said penitentiary, whose duty it shall be to receive such persons so sentenced during the continuance of said agreement, authorized by the first section of this act to be there safely kept and em- ployed, according to the rules and discipline of said penitentiary; and the officers thus conveying such convicts so sentenced, shall be paid such fees and ex- penses therefor, as the several boards of supervisors of the counties of Montgomery and Oneida shall prescribe and allow. g 4. This act shall take effect immediately. ALBANY COUNTY PENITENTIARY. J 5 [Laws 1859, p. 54.] Chap. 29. AN ACT authorizing persons convicted before mou- gistrates or courts of special sessions of the peace, in the town of Waterford, in the county of Saratoga, and sentenced to imprisonment in the county jail, at hard labor, to be transported directly to the Albany penitentiary. Passed March 5, 1859 ; three-fifths being present. The People of the State ofNewYork, represented in Senate and Assembly, do enact as follows : Section 1. AH persons hereafter convicted by or be- fore any magistrate or court of special sessions of the peace, in the town of "Waterford, in the county of Sara- toga, of any offense or crime, and sentenced to impri- sonment in the county jail, at hard labor, may be taken by any constable of said town of "Waterford, directly to the *Albany penitentiary, by the most usual and [55 direct route, and the keeper of said penitentiary is re- quired to receive and detain such persons, the same as if the warrants of commitment had been placed in the hands of the sheriff of the said county of Saratoga. g 2. This act shall take effect immediately. 16 STATUTES EELATING TO THE [Laws 1859, p. 652.J Chap. 289. AN ACT to extend the provisions of"An act aw- thorizing the imprisonment of persons convicted of certain crimes, in the counties of Montgomery and Oneida, in the Albany county penitentiary " passed April twelfth, eighteen hundred and fifty-eight, to all the counties in this state. Passed April 13,1859 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Convicts Section 1. Chapter one hundred and thirty-nine of may be, , , impri- the laws of eighteen hundred and fifty-eisrht, is hereby goned in ^ ^ ./ o ? ./ comities? ^i^^nded SO as to allow the supervisors of any county in this state to contract with the supervisors of any county having a penitentiary therein, in the sanae man- ner and ivith like effect as is permitted by the provi- sions of this chapter (ante, pages 13, 14). ALBANY COUNTY PENITENTIARY. 17 [Laws 1859, p. 1093.J Chap. 477. AN ACT to amend an act entitled " An act to amend an act for the construction of a penitentiary in the county of Albany" passed May third, eighteen hundred and forty-seven. Passed April 18, 1859 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1. The third section of the act entitled " An Act amenacd. act to amend an act for the construction of a peniten- tiary in the county of Albany," passed May third, eighteen hundred and forty-seven, is hereby amended so that said section shall read as follows, to wit : % 3. In all cases arising in the county of Albany, sentence 1 t, n U ■ ^ ^ V J? -^'ofperBons where any person shall be conyicted betore any court convicted or magistrate of said county, or of the city of Albany, ^"0'°^''^" of the offense of public intoxication, or where any per- son shall be convicted upon complaint for vagrancy, such person may be committed or sentenced by such court or magistrate, to confinement in said peniten- tiary, subject to its rules and discipline, for such term, not exceeding six months, as such court or magistrate may deem proper, g 2. This act shall take effect immediately. 18 STATUTES RELATING TO THE [Laws 1865, p. 414.] Chap. 253. AN ACT authorizing the Board of Supervisors of the county of Warren to contract with the Board of /Supervisors of the county of Albany, for the hewing in the Aihany Penitentiary, of persons convicted of crime in, the county of Warren. Passed March 31, 1865 ; three-fifths being present. The People of the State of Neio York, represented in Senate and Assembly, do enact as follows : Section 1. It shall be lawful'for the board of super- visors of the county of Warren to make and enter into an agreement with the board of supervisors of the county of Albany, or for any person on behalf of either board and by said board appointed, to contract for the reception, custody and employment at hard labor, in the penitentiary of said county of Albany, of any per- son or persons who may be convicted of criminal of- fences in said county of Warren, and sentenced to imprisonment in the said jail thereof for any term not less than two months. And it shall be the duty of the sheriff of the county upon receiving notice in writing from the board of supervisors of the execution of such contract, to convey all persons sentenced to imprison- ment and' in the jail of said county, for a term not less than two months, to the said penitentiary of the county of Albany, and *the keeper of said penitentiary [415 shall receive such persons, and safely keep them for the terra of sentence, and employ them according to the " So in the original. ALBANY COUNTY PENITENTIARY. 19 discipline and rules of said penitentiary. The sheriff conveying such convict shall be paid by the county of "Warren such fees and expenses therefor as the board of supervisors of said county shall direct and allow. § 2. It shall be the duty of the court which may here- after sentence any person, to cause such person to be conveyed forthwith by the officer in whose charge the prisoner shall be, to the said penitentiary, and the compensation of each officer shall be such sum as the board of supervisors of said county shall deem proper and just. § 3. This act shall take effect immediately. 20 STATUTES RELATING TO THE [Laws 1869, p. 911.] Chap. 399. AN ACT authorizing the Board of Swpervisors of the coimty of Broome to contract vnth the Board of Supervisors of the cownty of Albany for the Tceep- ing in the Albany Penitentiary of persons convic- ted of crime in the cownty of Broome, and to corv- tract mth the Board of Supervisors of the county of Onondaga for the keeping in the Onondaga county Penitentiary, at Syracuse, of persons con- victed of crime in the county of Broome. Passed April 28, 1869 ; three-fifths being present. The People of the State of Neio York, represented in Senate and Assembly, do enact as follows : snperviB- SECTION 1. It shall be lawful for the board of super- Broome visors of the county of Broome, and the board of super- county to . ./ ' 1. contract visors of the county of Albany, by or through any tenSSi" person, on behalf of either board, and by such board appointed to make and enter into an agreement with each other, for the reception, custody and employment, at hard labor, in the penitentiary of said county of Albany, of any person or persons who maybe convicted of a criminal offense or criminal offenses in said county of Broome and sentenced to imprisonment in the county jail in said county of Broome for any time not less than two months, at hard labor, of any vagrant or vagrants, disorderly person or persons committed to said jail, and of any person or persons committed to said jail on default of payment of fine in criminal pro- ceedings. ALBANY COUNTY PENITENTIARY, 21 S 2. It shall be lawful for the board of supervisors May make "^ *• , like con- of the county of Broome, and the board of supervisors gj^^'^^'^ of the county of Onondaga, by or through any person , ^^SftJn- on behalf of either board, and by such board appointed "*'^^^' to make and enter into an agreement with each other for the reception, custody and employment, at hard labor, in the penitentiary of said county of Onondaga, at Syracuse, of any person or persons who may be con- victed of a criminal offense or criminal offenses in said county of Broome, and sentenced to imprisonment in 912] the common *jail of said county of Broome for any time not less than two months, of any vagrant or vagrants, disorderly person or disorderly persons com- mitted to said jail, and of any person or persons com- mitted to said jail on default of payment of fine in criminal proceedings. g 3. The present clerk and the present chairman of chairmen the board of supervisors of the county of Broome, and rfboaS^ the clerk and chairman of the board of supervisors of Bore may . 1 p T T . . -,,■.. enter into either ot the other counties mentioned in this act, are contracts. authorized and empowered to enter into contracts of like nature, purport and effect, and in the same cases as specified in sections one and two of this act, except that no such contract shall be made to extend beyond contract, the first day of December, eighteen hundred and sixty- to eon-°^ tinue . nine. g 4. Upon the making of any contract by this act sbenffof authorized, it shall be the duty of the clerk of the board Sunt^t w of supervisors of the county of Broome, to forthwith el witt^'^" deliver to the sheriff of said county a copy of such con- tract, and the said sheriff shall from time to time, during the existence of the same, convey to such of the afore- said penitentiaries as the said contract shall relate to, so many of those confined in said jail as shall be em - braced within the terms of such contract. 22 STATUTES RELATING TO THE BxpeiiBes g 5. The expense and compensation to the sheriflE" portation for thus Conveying such persons to either or each of county said penitentiaries shall be such as the board of super- charge. ^ ■*■ visors shall deem just. Proviso as § 6. Nothing in this act contained shall affect or im- Bingham- pair the force of any act of the legislature relating to labor that may be done in the city of Binghamton by persons imprisoned in the common jail of the county of Broome. •Duties of K 7. It shall be the duty of the keepers of said peni- offlcersof *" . .■ n ■, « , . , peniten- tentiarics, and each oi them, to receive such persons as shall be sent to them in pursuance of any contract made as aforesaid, and safely keep them according to the discipline and rules of said penitentiary for the term of sentence, or until they shall be discharged by law. g 8. This act shall take effect immediately. tiaries. ALBANY COUNTY PENITENTIARY. 23 [LAWS1869, Vol.2,p. 1383.] Chap. 574. AN ACT to authorize the imprisonment of convicts in the Penitentiaries of Syracuse and Albany. Passed May 4, 1869; three-fifths being present. The Feople of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1. All females hereafter convicted in the sentence fifth and sixth judicial districts of this state, of crimes convictB, punishable by imprisonment in the state prison, shall cusepeni- be sent to the penitentiary at Syracuse. S 2. The superintendent or inspectors of the peniten- Duty of tiary at Syracuse are hereby required to receive and ten|ent or keep the female convicts from the fifth and sixth judi- tiary. cial districts, mentioned in this act, until they shall be discharged according to law ; and the said superin- tendent and inspectors shall be allowed to charge for charge per r. 1 p T • T -week, for the maintenance of such female convicts as may here- mainten- ance. after be sentenced to imprisonment in said penitentiary under or hy virtue of this act, or of any act, authorizing or directing the sentence of females under conviction of felony to said penitentiary, a sum not exceeding one dollar and fifty cents per week each, to be a charge against the state. g 3. Whenever any person shall be convicted of any sentence ofi'ense punishable with imprisonment in the state con^fctsf prison for a term of five years or less, in any county penitoii"^ of the state having a contract for the board, care and discipline of prisoners with the Albany county peni- 24 STATUTES RELATING TO THE tentiary, or in any county situated in the third and fourth judicial districts of this state, the court before which such conviction shall be had may, in its discre- tion, sentence theperson so convicted to imprisonment No charge in Said penitentiary ; *but no charge whatever for [1384 formain-°the board or maintenance of any person so sentenced shall be made against the county in which such person shall be so sentenced, or against the state of 'New York. state to g 4. The pi'ovisions of the statutes now regulating' clothing, amount of money and clothing to be given to convicts on^iis"-'^ upon their discharge from state prison, shall apply to charge, guch couvicts as may hereafter be sentenced to said Syracuse and Albany penitentiaries underthe provisions of this act. The expenses thereof shall be a charge against the state. Annual re- g 5. The Superintendent Or iuspectors of the peuiten- oompt- tiaries named in this act, shall make a return under roller. ' oath on the thirtieth day of September of each year What to to the comptroller, in which they shall fully set forth Betforth. , ,. 1 • , • , 1 ■-, the name oi each convict committed to said peniten- tiaries under or by virtue of this act, in what court convicted and before what presiding justice, with the offense for which convicted, and also the date of con- viction, length of sentence and the amount due from the state for the maintenance of such female convicts, as may hereafter be sentenced to the penitentiary at Syracuse, under the provisions of this act, and for al- lowance made to discharged convicts under this act. comptroi- Upon auditing such return, the comptroller shall draw lertoaua- .-^ x xt, . • .c .o -j It return, his Warrant on the treasurer in favor of said superin- tendent or inspectors for said amount, which sum or Howpay- sums shall be paid from any money in the treasury not otherwise appropriated. Allowance S 6. The provisious of chapter three hundred and mniact tweuty-oue of the laws of eighteen hundred and sixty- four, together with the provisions of the acts to which ' So in original. ALBANY COUNTY PENITENTIARY. 25 said chapter are amendatory, are hereby made applica- ble to convicts hereafter to be sentenced for felonies or misdemeanors to the penitentiaries at Syracuse and Albany, to the end that the same commutation, allow- ance for good conduct shall be made to said convicts as are granted under said acts to convicts now con- fined in state prisons. g 7. It shall be the duty of the sheriff of any county sheriff's in which any person shall be convicted and sentenced conveying •^ ■*■ convicts as in the first and third sections is provided, to convey J"^^?"/' such person to the penitentiary, for which such sheriff shall *be paid by the state treasurer such [1385 fees as are allowed by law for conveying convicts to state prisons. S 8. All acts and parts of acts inconsistent here- Kepeai. with are hereby repealed. g 9. This act shall take effect immediately. 26 STATUTES RELATING TO THE [Laws 1869, Vol. 2, p. 2035.] Chap. 841. AN ACT authorizing and requiring the removal of certain prisoners confined in the State Prison at Sing Sing to the Ihnitentiary of the county of Albany. Passed May 11, 1869 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Agent at SECTION 1. The agent and warden of the state prison prifon'"^ at Sing Sing is hereby authorized and required, if the state Pri- inspectors of state prisons shall so direct, within twenty Bpectors 2036] *days after the passage of this act, to select at to remove least One hundred and not to exceed one hundred and convicts prattm-"'' fifty niale convicts, who may be confined in the state tiary. pngon at Sing Sing at the time of making such selec- tion, and cause them forthwith to be removed to the penitentiary at Albany. Bxpensee § 2. All necessary expenses of such removal of con- vai, how victs, including the expense of sustaininsj them while certified ? o ir o and paid, traveling, shall be deemed a part of the incidental ex- penses of the prison at Sing Sing; and if there be not funds belonging to said prison sufiicient to pay such expenses, and also meet the current demand for its support, the agent thereof shall so certify, when such expenses shall be audited by the comptroller and paid from the treasury upon his warrant. ALBANY COUNTY PBNITENTIAEY. 27 § 3. The selection of convicts for removal shall be selection made from amonff those who have last arrived at such yictefor T , . removal, prison, and who shall have at least one year of their iiow time of imprisonment yet to serve, at the time when such selection is made. S 4. The agent and warden of the said prison at convicts Sinff Sing shall cause the convicts so to be removed to chained, , while be- be sufficiently chained in pairs and transported to the '"ftg^^""^" said penitentiary at Albany, and shall deliver such Delivery convicts, with the certified copies of their sentences, copies of to the superintendent of such penitentiary, and such tences, to superintendent is hereby authorized to receive such ^entte^n-"*^ convicts and keep them according to their respective ''""'y- sentences, as if they had been originally committed to such penitentiary. g 5. The state shall in no case be liable for the board Expenses clothing or any other expense of keeping such convicts and cioth- in said penitentiary, and the whole of such expenses home shall be borue by the authorities of said penitentiary, and shall in no event be paid or borne by the state. g 6. Such convicts may be employed by the authori- convicts ties of said penitentiary upon any work or labor therein employed" conducted, in the same manner as convicts originally temiaiy. sentenced there ; and all moneys arising or in any way growing out of such employment of such convicts shall be treated and considered as if such moneys arose from the labor and employment of convicts originally sen- tenced to be imprisoned in such penitentiary. g 7. *The clothes and money that are usuall}' [2037 ciotiies furnished by the state to a convict upon his discharge money, to from a state prison shall be furnished each convict re- mshed to snch ytate moved under the provisions of this act, upon his dis- convicts, ^ ' ■*■ ^ noon dis- charge from imprisonment in said penitentiary, in the charge. same manner as if he were discharged from a state prison. The clothes and money above referred to now fm-- shall be furnished by the superintendent of the peni-piid. 28 STATUTES RELATING TO THE tentiary, and the amount thus expended and paid shall be audited by the comptroller and paid to such super- intendent from the state treasury upon the warrant of the comptroller. Ajgent at § 8. After the expiration of one year from the time aia^pii"^ of the delivery of said convicts to the superintendent son in- spectors, of the penitentiary at Albany, under the provisions of delivery of *^^^ act, Said Superintendent shall, on the demand of after onl ^^^ agent and warden of the state prison at Sing Sing, year. ■£ ^^^ inspectors of state prisons shall direct such de- mand to be made, redeliver to said agent and warden all said convicts as shall then be remaining in said penitentiary, with the certified copies of their sentences, and said agent and warden shall cause such convicts to be sufficiently chained in pairs and retransferred to said prison at Sing Sing, where they shall remain till the expiration of their respective terms of imprison- ment, with the same force and effect as if they had never been removed therefrom. The necessary ex- Expense penses of such retransportation and maintenance of thereof, , . -. , ._-. , .,. , how paid, convicts dunug transit shall be paid in the manner provided in the second section of this act. Nothing in this act contained shall be held to work a release of any Penalties of the paius and penalties of the original sentence of of original ■*■■*■ ° sentences anv of said convicts. not to be •' affected g 9_ This act shall take effect immediately. ALBANY COUNTY PENITENTIARY. 29 [Laws 1872, Vol. 2, p. 1792.] Chap. 745. AN ACT ix) amend " An act authorizing the confine- ment of convicts from Dutchess county in the Albany penitentiary" et cetera, passed April fif- teenth, cm.e thousand eight hundred and fijty-four. Passed May 16, 1872 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1. The second section of the act entitled " An act to authorize the confinement of persons con- victed of certain offenses in the county of Dutchess, in the penitentiary of the county of Albany, and to pre- scribe the punishment of certain offenses," passed April fifteenth, one thousand eight hundred and fifty- four, is hereby amended so as to read as follows : g 2. It shall be the duty of every court, police jus- in what tice, justice of the peace, or other magistrate, by whom eons con- anv person may be sentenced in the county of Dutchess crimes, . . . . etc., plin- for any crime or misdemeanor punishable in the county ^ft^ "j^. jail, to cause such person or persons to be conveyed iJJ'enun forthwith by the officer in whose charge the prisoner jS?,"to be shall be, to the county jail of Dutchess county, and the to°IibanV sheriff of said county shall thereupon forthwith convey pmitJn- all such persons as shall be received by him under sen- tence of not less than two months,' to the said peniten- tiary,under the provisions of the first section of this act. g 2. The third section of said act is hereby amended so as to read as follows : 30 STATUTES RELATING TO THE g 3. All persons convicted as vagrants in said county of Dutchess maybe sentenced by the convicting magis- fn'rascB rf t^^te to imprisonment in the county jail of said county vagrancy. £qj. ^^y. term not exceeding six months, and all such *persons sentenced for a period not less than [1793 two months shall be forthwith conveyed by the sheriff of said county to the penitentiary, under the provisions of the first section of this act. And it shall be the duty of the sheriff of said county to report to the board of re"orfto supcrvisors of Said county, in each year, at their annual supe?-°^ meeting, the name, age, offense of which convicted, visors, terms of sentence, date of receipt by such sheriff, and date of the delivery of every such person at the peni- tentiary. g 3. All acts and parts of acts inconsistent herewith are hereby repealed. g 4. This act shall take effect immediately. ALBANY COUNTY PENITENTIARY. 31 [Laws 1847, Vol. 2, Chap. 470, p. 596, § 16 ; 2 Edm., Stat, at Laege, 781.] Chap. 3. g 16. It shall be the duty of the keeper of each eouniy -Keener to prison to receive into the prison every person duly persona committed thereto, for any offence against the United ted by u. States by any court or officer of the United States and 782] to confine such person *in the prison until he shall be duly discharged ; the United States supporting such person during his confinement. The provisons 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. [Laws 1847, Chap. 460, p. 626, § 145 ; 2 Edm., Stat, at Large, 819.] g 145. It shall be the duty of the respective keepers criminaiB of each of the county and state prisons, to receive into of crimes the said prisons and safely to keep therein subiect tot^eiLS. the disciphne ot such prison, any criminal convicted p™ouea. of any offence against the United States, sentenced to imprisonment therein, by any court of the United States, sitting within this state, until such sentence be executed, or until such convict shall be discharged by due course of law ; the United States supporting such convict, and paying the expenses attendaint upon the execution of such sentence. 32 STATUTES EELATING TO THE [Act of Congress, Mat 12, 1864, 13 U. S. Stat. AT Large, 74, §§ 1, 2 ; 2 Brightly's Dig., 164, §§ 56, 57.] Chap. Ixxxv. AN ACT concerning the Disposition of Convicts in the Courts of the United States, for the Subsisting of Persons confined in Jails charged with violating the Laws of .the United States, and for diminish- ing the Expenses in Relation thereto. Be it enacted hy the Senate and House of Representatives fn cottrt\ of the United States of America in Congress assembled, iFnUed That all persons who have been, or who may here- how to he after be, convicted of crime by any court of the United of. States — not military — the punishment whereof shall be imprisonment, in a district or territory where, at the time of such conviction, there may be no peni- tentiary or other prison suitable for the confinement of convicts of the United States, and available therefor, shall be confined during the term for which they have been or may be sentenced, in some suitable prison in a convenient state or territory to be designated by the secretary of the interior, and shall be transported and delivered to the warden or keeper of the prison by the marshal of the district or territory *where such [75 conviction shall have occurred ; or if such conviction be had in the District of Columbia, then and in such Distdct case the transportation and delivery shall be by the bia*?"'"""" warden of the jail of said district; the reasonable actual expense of transportation, necessary subsistence and hire, and transportation of guards and the marshal, or the warden of the jail in the District of Columbia, only, ALBANY COtnSTTY PENITENTIARY. 33 to be paid by tbe secretary of tbe interior, out of tbe judiciary fund : Provided, That if, in the opinion of the p™'''™- secretary, the expense of transportation from any state, territory, or the District of Columbia, in which there is no penitentiary, will exceed the cost of maintain- ing them in jail in the state, territory, or the District of Columbia during the period of their sentence, then it shall be lawful so to confine them therein for the period designated in their sentence. Sec. 2. And he it further enacted. That it shall be the secretary /. 1 • oflnterior duty of the secretary of the interior to contract withtocon- •' •' tract with the managers or proper authorities having the control t^oj^ities of such prison or prisoners, for the imprisonment, fl^^t subsistence, and proper employment of all such pri- piSyme™," soners, and to give the court having jurisdiction of sucilpri- such ojffences, in said district, notice of the prison tono ify where such persons will be confined if convicted. q 4 STATUTES, ETC. [Laws 1864, p. 763.] Chap. 321. AN ACT to amend section secoQid of chapter fowr hundred and fifteen of the laws of eighteen hwndred and sixty-three. Passed April 23, 1864 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Allowance SECTION 1. Section two, of chapter four hundred and conluct. fifteen of the laws of eighteen hundred and sixty-three, is hereby amended as follows : An allowance for good Eate of ai- conduct shall be made of one month on each of the first two years ; of two months on each succeeding year to the fifth year ; of three months on each follow- ing year to the tenth year ; and of four months on each remaining year of the time of their imprisonment. Appiica. The inspectors of state prisons, and the respective victBfor boards or committees entrusted with the general food con- .... uct in the management of the several penitentiaries in this state, by the warden, superintendent, or other officers hav- ing charge thereof, may make this section applicable to convicts now imprisoned in the several state prisons and penitentiaries, to the end that such convicts may receive the benefit of their good conduct in the past. g 2. All acts or parts of acts, inconsistent with this act, are hereby repealed. % 3. This act shall take efiect immediately. FORMS. AGEEEMEISTT. This Agebbment, Made between theBoardof Super- visors of the County of party of the first part, and the Board of Supervisors of the County of Albany, by Amos Pilsbury, Superintendent of the Albany County Penitentiary, and duly appointed agent of the said Board of Supervisors of the County of Albany, as authorized by chapter 139, Laws of 1858, amended by chapter 289, Laws of 1859, and by other acts of the Legislature ; Witnesselh, Whereas, the party of the second part for and in consideration of the moneys hereinafter men- tioned, does agree to receive and safely keep, board and clothe all such persons as shall be sentenced to confinement at hard labor by any court or magistrate in said county of for any term not less than sixty days, delivered into his custody by the Sheriff of the county of or by any other officer or Constable of said county of. To wit : for all persons sentenced for a period of sixty days and less than three months, per week ; for all persons sentenced for a period of three months and less than six months, per week; and for all persons sentenced for a period of six months and over, per week. The party of the first part, pursuant to the statute in such case made and provided, does hereby agree to cause to be conveyed to and delivered at the Peniten- 36 AGKEEMENT. tiary in the City of Albany, all persons who may be sentenced to imprisonment at hard labor in the said county of, for any term not less than sixty days, for any crime or misdemeanor not punishable by imprisonment in the State Prison, and to pay the prices above stated per -week, for the board of prisoners so sentenced and delivered to the keeper of said Albany County Penitentiary annually. This agreement to take effect and con- tinue for the term of years, and is entered into pursuant to a resolution of the parties of the first part, passed the day of 187... Given under our hands this day of. 187... The Board of Supervisors of the County of. By jChairman. ,Clerk. The Board of Supervisors of the County of Albany, By Superintendent of the Albany County Penitentiary, and duly appointed Agent of the Board of Supervisors of the County of Albany. FORM OF MINUTES OF CONVICTION. 37 Form of Minutes of Conviction by a Court of Record. At a Court of ,held at the Court House, in the of. , in and for the County of , on the day of , in the year of our Lord one thousand eight hundred and seventy Present, Hon Justice of the Supreme Court. do do County Judge of County. do do \ do do /• 1 > Justices of the Sessions. The People of the State of New Toek Indictment for [Burglari/'\ The Prisoner , having beenduly in- dicted by the Grand Jury of the County of , and having been duly arraigned on said indictment, pleaded guilty, and having been duly tried in and by this court, and duly convicted by his plea of guilty, [or, if a jury trial, " by the verdict of a jury"] with having on the day of 187..., at the ., of in said county, will- fully and maliciously and feloniously^ [describe the of- fence as charged in the indictment]. The said having been duly sworn and exa- mined by the Court as to his age, birth, and having learned • If not a felony omit tlie words " and feloniously." 38 FORM OF MINUTES OF CONVICTION. or practiced any mechanical art or trade, says that ..he., is... years of age, was born in and that ..he., hath learned or practiced mechanical art or trade. And upon this, it is demanded of the said , whether ..he., hath or knoweih anything to say wherefore the said Court here ought not, upon the premises aforesaid, to proceed to judgment against ..h..., and why judgment should not be pronounced on and against ..h... who nothing further saiih.^ "Whereupon, all and singular, the premisesbeing seen, and by the said Coiirt now here fully understood, on motion of. Esq., District Attorney, it is considered, adjudged and determined by the said Court that the said , for the felony and burglary (or other offence), aforesaid be, and ..h... is by said court sentenced to be, imprisoned at hard labor in the Albany County Penitentiary, at the City of Albany, for the term of years and months, and, also, to pay a fine of dollars, and in de- fault of the payment thereof, that he be confined at hard labor in the said Albany County Penitentiary, at the city of Albany, for the additional term, of not exceeding"^ , Clerk. • If not 3. felony, the word in italics may be omitted. ^ If no fine, omit the Italios. FORM OP RECORD OF CONVICTION. 39 Form of Record of Conviction by Special Sessions, to he filed hy the Magistrate in the County GlerTSs office IMMEDIATELY after Committing the Prisoner. State of N'ew York, \ County of /^^ = I, the undersigned, one of the Justices of the Peace of the of. , in said county, do hereby certify that ata Courtof Special Sessions, heldatthe said and county, before the undersigned, for the trial of , charged on the oath of , before the under- signed, with the offence of , viz : with havingon the day of. ,187..., at the, of. ,in the said county of , [describe offence fully] the said having been previously duly brought up on the charge of having committed said offence, before the un- dersigned, as such Justice, and witnesses having been sworn and examined in relation thereto, and the under- signed having decided that there was a reasonable cause to believe the said was guilty thereof, and the said having neglected to give bail for appearance to answer to the said com- plaint and charge at the next Criminal Court having jurisdiction of said offence, to be held in and for said county, within twenty-four hours after having been required by the undersigned to give such bail, and after commitment for want of such bail, the under- signed, now, on this day, and at the place aforesaid, holding such Court of Special Sessions, caused the said to be brought before said Court for trial; whereupon the said charge against the said 40 FORM OF RECORD OF CONVICTION. [being as stated in the Warrant,] was distinctly read to and was required to plead thereto ; and did thereupon plead thereto not guilty; and no Jury being demanded by for the trial of said issue,^ the said Court proceeded to hear the proofs and allegations, as well on the part of the prosecution as in behalf of the said publicly and in presence ; and having duly deliberated thereupon, the said was duly convicted of the said offense, before said Court; and upon such conviction, the said Court did duly adjudge and determine that the said for the offense and misdmeanor aforesaid,^ be imprisoned, at hakd LABOR, IN THE PENITENTIARY OF THE CoUNTY OF AL- BANY FOR THE TEEM OF AnD, ALSO, -pay a fine of dollars, and thai in default of such payment ..h... be confined, on account of the non- payment thereof, in the said Penitentiary of the County of Alba7iy, at hard labor, for the {additionuC) term of not exceeding In Witness Whereof, I have hereunto set my hand, at the town of. in said County, this day of 187... , Justice of the Peace. ' It is not necessary that the accused should waive a right to trial loy jury, or be informed of such right. 3 R. S.. 712, § 8 ; 2 Edm. St., 737 ; 5 Wend., 253 ; 3 Park., 465 ; 3 Cow., 815. The case of the People vs. Mallon, 39 How., 454, was at Special Term, and does not refer to the statute nor the prior cases upon the point. " Strike out such portions of the capitals or italics as to make the record conform to the sentence, in case the sentence is for imprison- ment withoxit a fine, or a fine without imprisonment. If a fine only be imposed, strike out the words in small capitals. FORM OF MITTIMUS. 4^ FoKM OF Mittimus or Warrant of Commitment TO THE Penitentiary by a Court of Special Sessions. State of New York, \ County of f^^' To the Sheriff of the County of , to any Constable of said County, and to the Members of the Police Force of the city of....: ,and to any Member thereof and to the Superintendent of the Penitentiary of the County of Albany, greeting : "Whereas, at a court of special sessions of the peace, held this day at the in the of in the county aforesaid, before the un- dersigned, one of the justices of the peace, of said county, for the trial of , charged on the oath of..... , before the undersigned, with the alleged offense of [assault and battery), viz : with having, on the day of ,187..., at the of , in said county, wilfully, maliciously, and unlawfully, [describe offense fully]; the said having been duly apprehended for said al- leged misdemeanor and brought before me, and having been duly tried by and before said court, and con- victed thereby of the said offense.^ And whereas, upon such conviction, the said court did duly adjudge and determine that the said should, for the offense aforesaid, be confined, at hard labor, in the Albany County Penitentiary, at the City of Albany, for the term of ,a,nd also pay a fine of ^ It is sufficient to recite, tliat the defendant was duly convicted without reciting the facts showing jurisdiction, 4 Barb., 31 ; 3 Parker, 330 ; Cox's Crim. Cases, 187, 193 ; 6 N. Y. Rep., 50. 42 FORM OF MITTIMUS. dollars, and in default of the payment thereof, that he be confined, at hard labor, in the said Albany^ County Penitentiary for the additional term of not exceeding. These are, therefore, to command you, the said Sheriff, Constable, and Members of the said Police Force, and each member thereof, forthwith to convey and deliver the said , to the said Superintendent. And you, the said Superintendent, are hereby commanded to receive the said into your custody, in the said Penitentiary, and ..h... there safely keep until the expiration of the said term for which ..he... was sen- tenced and the payment of sitchfine, not exceeding the addi- tional term of , or ..h... be thence discharged in due course of law} Given, under my hand, at , the day of ,187... Justice of the Peace. •J ' If no fine, omit the words in italics. RESOLUTIONS. 43 FoEM OF Eesolution by the Board of Supervisors OF Albany County, By Mr JResolved that, pursuant to the statutes in such case made and provided, the Superin- tendent and Principal Keeper of the Albany County Penitentiary for the time being be, and he hereby is, until this resolution shall be rescinded, duly authorized as the agent of and in behalf of the Board of Supervi- sors of the county of Albany to enter into an agreement with the Board of Supervisors of any County in this state, or with any person in their behalf by them ap- pointed, to receive and keep in the said Albany County Penitentiary any person or persons who may be sen- tenced to confinement at hard labor by any court or magistrate in said county for any term not less than sixty days. 44 RESOLUTIONS. Resolution by the Board of Supervisors of ANOTHER County to contract with the Board OF Supervisors of Albany County. By Mr Resolved that this Board, the Board of Supervisors of the County of enter into an agreement, as authorized by law, with the Board of Supervisors of the County of Albany, or with any person in their behalf by them appointed, to receive and keep in the Albany County Penitentiary any person or persons who may be sentenced to confinement at hard labor by any court or magistrate in this County for any term not less than sixty days;, that said contract continue for the term of five years, and provide for paying, for all persons sentenced for a period of sixty days and less than three months, the sum of not exceeding per week; for all persons sentenced for a period of three months and less than six months the sum of not exceeding per week; and for all persons sentenced for a period of six months and over the sum of not exceeding per week, payable an- nually; that the Chairman and Clerk of this Board execute such agreement and affix its seal on behalf thereof. EBTTJRN. 45 Keturn, by Superintendent, to Habeas Corpus Prisoner, sent from another County. Albany County, ss : I, Amos Pilsbury, do hereby return to the annexed Writ of Habeas (^orpus, that I am and for many years last past have been the Superintendent and principal keeper of the Albany County Penitentiary, buildings erectedand situate in the County of Albany, pursu- ant to an act entitled " An act for the construction of a Penitentiary and in relation to the relief of the poor in the County of Albany," passed April 13, 1844, and the several acts amending the same and amendatory thereof; That I was prior to the day of , 187..., duly appointed such Superintendent and princi- pal keeper by the Board of Supervisors of the County of Albany, and the Mayor and Recorder of the City of Albany, and have been since the day of 187..., and now am such Superintendent and principal keeper. I do further certify and return that prior to the day of 187. ..(the Board of Supervisors of the County of entered into an agree- ment with the Board of Supervisors of the County of Albany, and with a person in their behalf, by them appointed, to receive and keep in the said Albany County Penitentiary any person or persons who might be sentenced to confinement, at hard labor, by any court or magistrate in the said county of. for any crime or misdemeanor not punishable by im- prisonment in the State Prison, for any term not less than sixty days; 46 RETURN. That by the terms and provisions of the said agree- ment the same was to continue and to remain in force for the period and term of , from the date thereof; Thatpriorto the day of , 187..., said Board of Supervisors of said County of , gave public notice of such agreement, specifying in such notice the period for the continu- ance of such agreement, which said notice was pub- lished in such newspapers printed in said County of , not less than two and for such period of time, not less than four weeks, as the Board of Supervisors of said County of did di- rect; That I hold and detain , the person named in the annexed "Writ of Habeas Corpus in my custody as such Superintendent and principal keeper of said Albany County Penitentiai-y, by virtue of a Warrant or Mittimus issued and signed by , a Justice of the Peace of the County of which I herewith produce, and a copy whereof is hereto annexed ; I deny each and every allegation and statement in the petition for said Writ of Habeas Corpus, except as herein above stated ; That said was brought to and first confined in said Albany County Penitentiary, under and pursuant to such Warrant or Mittimus, on the day of 187.... Dated Albany, 187.... Superiniendeni and Principal Keeper of the Albany County Penitentiary. INDEX. Agebement, Form of. 35. Albany City, Mayor and Rbcoedbb of, To be members of board to pass commissioners accounts, 4. " " " " " " modify commissioners report, 4. " " " " " " control penitentiary, 5. " " " " " " adopt regulations, 5. " " " " " " appoint officers, 5. Albany County, Board ov StrPBKVisoRS, To erect buildings, 3. With mayor etc., to pass commissioners accounts, 4. " " " " modify commissioners report, 4. " " " " control penitentiary, 5. " " " " adopt regulations, 5. " " " " appoint officers, 5. " levy and collect sum sufficient to pay for buildings, 5. May contract -with supervisors of any other county, 13, 16. " Broome Co., 21. " Columbia Co., 9. " Dutchess Co., 10, 29. " Greene Co., 9. " Montgomery Co., 14. " Oneida Co., 14. " Rensselaer Co., 9. '■ Saratoga Co., 9. " Schenectady Co., 9. " Schoharie Co., 9. " Warren Co., 18. Beoomb County, May contract with, 30. Duty of sheriff of, 31. Compensation of sheriff, 33. Buildings, To be erected, 3, 4. B. 48 INDEX. C. CLOTnTNG, To be given convicts on discliarge, 24, 37. Columbia County, May contract to send, 9. Duty of sheriff of, 9. Commissioners to Erect BuiLDiires, Names of, 3. To select site and report, 3. Vacancy in, 4. Compensation, 4, How compensation and expences paid, 4. By wtom report of, passed upon, 4. To procure lands, 4. To construct buildings, 4. To select site if board do not agree, 5. Commutation of Sentence, For good conduct allowable, 34. Time allowed for, 34. Conthact, Form of, 35. Conviction, Effect of second, in Albany County, 8. Form of record of, by magistrate, 39. Form of minutes of, by Court of Record, 37. Convicts, Who to be confined in, 3. All except those convicted of felony, from Albany County, 3, 6, 7. Disorderly persons in Albany County, 8. " " " punishment of, 8. Intoxication in a public place, in Albany County, 7. " " " punishment, 17. "Vagrants in Albany County, 8. " " " punishment, 8. Felons under 16, from Albany County, 8. Felons in third and fourth judicial districts, 5 years or less, 23, 34. Felons in any county having contract with, " " " 23, 24. See titles of various counties. County, Any county may contract with, 13, 16. Effect of contract by any county, 13, 16. See Alphabetical names of, also titles " sherifis," " supervisors." INDEX. 49 Courts, Duty of in Albany County, 7. All counties, 13, 16. In Datchess County, 29. In Montgomery County, 14. In Oneida County, 14, In Warren County, 19. See titles of various counties. D. DiSOBDBELY PEBSONS, In Albany County to be sent to penitentiary and term of, 8. " Broome, " " " " " 20. " Dutchess, " •" " " "11. DTiTcnBss County, May contract with, and powers and duties of courts and sheriffs, 10, 29, 30. E. Escape, Punishment for escape from, 8. " " attempt to, 8. P. Fees, Conveying prisoner in Albany County, 7. Broome County, 32. Dutchess " 11. Warren " 19. Conveying one convicted of felony five years or less from any county in third or fourth judicial districts, or any county having contract, 25. How payable, 25. Minors under 16, convicted in Albany County, 8. Minors, under 16 and over 21, in third judicial district, con- victed of, 12. All persons convicted of felony punishable for five years or less from any county having a contract with, 23, 24. All persons for five years or less from any county in third and fourth judicial districts, 23, 24. When convicts from state prison may be removed to, 36. Females, In 5th and 6th Judicial Districts, to be sent to Syracuse, 23. Former Conviction, Punishment, in Albany County, on second conviction, 8. FoTJETH Judicial District, Felons punishable for five years or less, in, may be sent to, 23, 34. 4 50 INDEX G. Good Conduct, Commutation for, to be allowed, 24. Amount of commutation to be allowed, 34. Gkeene County, May contract with, and duties of courts and sheriff, 9. H. Habeas Corpus, Form of, return to, 45. Infants, Under 16, may be sent for felony from Albany County, 8. Under 31 and over 16, may be sent for felony from third ju- dicial district, 12. I. Intoxication Public, How punishable in Albany County, 17. K. Keeper, Superintendent, called principal keeper, 5. " how and by whom selected, 5 . " to hold office for 3 years, 5. " how removed, 5. " to keep convicts according to rules, etc., 6. " to pay for transporting prisoners in Albany Co., 7. " " " " " Broome Co., 23. " duty as to convicts from certain counties, 9. " " " " Dutchess County, 10. " " " " Oneida and Montgomery, 14. " " " " aJl counties, 13, 16. " to make report to comptroller, 34. M. Management, Who to manage the penitentiary, and how, 5. Minors, See Infants. Minutes of Conviction, Courts of Record, Form of, 37. Mittimus, In Montgomery and Oneida may be direct to penitentiary, 14. InWaterford " " " " " 15. In any county, may be direct to penitentiary, 14, 16. Form of, by magistrate, 41. INDEX. 51 Monet, To be paid one convicted of felony, on his discharge, 34, 27. Montgomery County, May contract with, and duties of courts and sheriff, 13. O- Oneida County, May contract with, and duty of courts and sheriff, 13. Penitbntiaby, To be erected, 3. How to be managed, 5. See Oonmcta. R. Rbcobd of Conviction by Court Special Sessions, Form of, 39. Rensselaer Countt, May contract with, and duty of courts and sheriff, 9. Regulations, To be established, 5. Keeper to enforce, 6. Rules, S. Saratoga County, May contract with, and duty of courts and sheriff, 9. Schenectady County, May contract with, and duty of courts and sheriff, 9. Schohabib County, May contract with, and duty of courts and sheriff, 9. Second Conviction, Punishment on, in Albany County, 8. Sentence, In Montgomery and Oneida, may be direct to, 14. So in any county, 14, 16. Sheriff, Any County in third and fourth districts to convey prisoner to, 33, 35. Any county having contract to convey convicts to, 33, 35. Broome, duty of, 31. ColumUa, duty of, 9. Dutchess, duty of, 10, 39, 30. Greene, duty of, 9. 52 INDEX. SnBKIFF, Montgomery, duty of, 14. Oneida, duty of, 14. Rensselaer, duty of, 9." Sa/ratoga, duty of, 9. Sclieneetady, duty of, 9. Selwliarie, duty of, 9. TFarrere, duty of, 18. Sing Sing Prison, Certain convicts may be sent to, from, 36, State Peison, See Bing Sing Prison. Supekintendbnt, See Keeper. SUPBKTISORS, Any county may contract, 13, 16. Broome, may contract, 30. Oolunibid, may contract, 9. Dvtehess, may contract, 10, 29. Greefie, may contract, 9. Montgomery, may contract, 13. Oneida, may contract, 13. Rensselaer, may contract, 9. Saratoga, may contract, 9. Schenectady, may contract, 9. Schoharie, may contract, 9. Warren, may contract, 18. S^KAonsE Pbnitbntiaet, Broome County may contract with, 31. Females in 5th and 6th judicial districts, to he sent to, 23. Convicts on discharge to have money and clothing, 34. Convicts to he allowed commutation for good behavior, 34, 34. T. Thibd Judicial District, Minors over 16 convicted of felony in, may be sent to, 13. Felons in, punishable for five years or less, may he sent to, 28, 34. U. United States", County Prisons, to receive any person committed by courts or officers of, 31. County and state prisons, to receive any person convicted in this state, 31. United States authorized to contract witli penitentiary, and to send prisoners to, 33, 34. INDEX. 53 V. Vagkants, In Albany County, to be sent to, 8, 17. In Albany County, punishment of, 8, 17. In Broome County, 30, In Dutchess, 11, 30. W. Wabhaut of Commitment by Magistrate, Form of, 41. "Wakkbn County, May contract with, and duty of courts and sheriff, 18. Watebford, Prisoners from, to be taken directly to, 16. V i; ^: -^T ?.