danger; and such removal shall not be deemed an escape of such convicts. $ 805. Whenever any pestilence or contagious disease breaks out among the convicts in either of the state prisons, or in the vicinity of either, of which the certificate of the physician shall be conclusive evidence, the inspector in charge of such prison may cause the convicts confined therein to be removed to some suitable place of security, where such of them as may be sick shall receive all necessary care and medical assistance. Such convicts must be returned as soon as may be to the prison from which they were taken, to be confined until the expiration of their respective sentences. See Laws of 1847, ch. 460, SS 94, 95. $806. Whenever, from any riot or civil commotion, from any insecurity of any state prison, or from any other cause, it becomes absolutely necessary for the safe keeping of the convicts confined in any state prison, that they should be removed therefrom, the inspector in charge of such prison may remove such convicts to some safe and convenient place, and there confine them so long as the necessity continues; and such removal and confinement shall not be deemed an escape of such prisoners. $ 807. It is the duty of the inspectors to cause to be erected, at as early a period as practicable, in each of the state prisons of this state, separate rooms or cells, not less in their dimensions, in the clear, than nine hundred and ninety-six cubic feet, as follows: such number, not exceeding twenty, as the said inspectors shall deem necessary and expedient, at the Sing Sing prison; and, under like restrictions, not exceeding ten at the Auburn prison, and not exceeding five at the Clinton prison. Such cells must be constructed of stone, in a manner that shall render Lands at son. them secure, for the purposes mentioned in section 980. Laws of 1847, ch. 460, § 44. The duty is here rendered imperative instead of being left to depend on the amount of the prison funds, as under the existing law. S808. All uncultivated lands now or hereafter belonging to this state, situated within ten miles of the Clinton prison, shall be withdrawn from sale, and retained by the state for the purpose of furnishing fuel for the manufacture of iron by the convicts in such prison. Taken from Laws of 1847, ch. 460, § 138, substituting ten miles for twenty. This appears to be what was intended by the act of 1851, ch. 259, § 4. The original act authorizing the establishment of the Clinton prison (Laws of 1844, ch. 245), contained no provision reserving lands around it. On April 16, 1845, however, an act was passed entitled an act to amend an act in relation to state prisons, passed May 1, 1844," which contained the following provision: "All uncultivated lands belonging to the state of New York, or which may hereafter become the property of said state, and which shall be situated within twenty miles of said prison, shall be withdrawn from sale and shall be retained by the state for the purpose of furnishing fuel for the manufacture of iron by the convicts of said prison." Laws of 1845, ch. 70, § 6. This section, with other parts of the acts of 1845, was repealed by the general repealing section (160) of the act of 1847, ch. 460 (as will appear by consulting that section, which is reprinted in the note to section 1070 of this Code). A provision in words identically the same (except one wholly unimportant variation) with section six of the act of 1845, was inserted as section 138 of the act of 1847. In 1851, an act was passed "amendatory of section six of chapter 70 of the Laws of 1845,"-the section previously repealed. It provided that: "The sixth section of the act entitled, 'An act to amend an act in relation to state prisons, passed May 1st, 1844,' passed April 16, 1845, is hereby amended so as to read as follows: "All uncultivated lands belonging to the state of New York, or which may hereafter become the property of said state, and which shall be situated within ten miles of the Clinton prison, shall be withdrawn from sale, and shall be retained by the state for the purpose of furnish ing fuel for the manufacture of iron by the convicts in Laws of 1851, ch. 259, § 4. The reference should have been to section 138 of chap ter 460 of the Laws of 1847, as the section amended. $809. Each county jail must contain a sufficient number of rooms to allow all persons belonging to either one of the following classes to be confined separately and distinctly from persons belonging to either of the other classes: 1. Persons committed on criminal process, and detained for trial; 2. Persons already convicted of crime and held under sentence; 3. Persons detained as witnesses, or held under civil process, or under an order imposing punishment for a contempt; 4. Males separately from females. Substituted for Laws of 1847, ch. 460, § 2, which is as follows: "Each county prison shall contain: "1. A sufficient number of rooms for the confinement of persons committed on criminal process and detained for trial, separately and distinct from prisoners under sentence. "2. A sufficient number of rooms for the confinement of prisoners under sentence. "3. A sufficient number of rooms for the separate confinement of persons committed on civil process, for contempt, or as witnesses." This language is obscure, in several respects. In particular it will be noticed that unless the word "or" may be supplied by way of construction between the words "on civil process," and the words "for contempt," no provision is made for the confinement of a person held under civil process, separately from persons confined under sentence upon conviction. And if the word "or" be so supplied there is room for a question whether, upon the literal language of the section, a person who is held under sentence upon a conviction on indictment for contempt must not be confined separately from other convicts. In existing laws, the phrase "county prison" is usually employed in statutes relating to prison discipline; but "county jail" is most frequently used in sections defining crimes and their punishment. For the sake of 38 Rooms re quired in county jails. Sheriff may remove prisoners in county jails. Removal in case of fire. Removal in case of pestilence. uniformity in phraseology, the words "county jail" have been used throughout this Code. S810. The sheriff of any county of this state in which there is or shall be established more than one jail may confine the prisoners in his custody in either of such jails, and may remove them from one jail to another, within the county, whenever he deems it necessary for their safe keeping, or for their appearance at any court. This section, and the two which follow, are founded upon the provisions of 2 Rev. Stat., 430, §§ 24, 25 and 26; which by Laws of 1847, ch. 460, § 12, are extended to criminal prisoners. S811. Whenever, by reason of any jail being on fire, or any building contiguous or near to a jail being on fire, there is reason to apprehend that the prisoners confined in such jail may be injured or endangered by such fire, or inay escape, the sheriff or keeper of such jail may, in his discretion, remove such prisoners to some safe and convenient place, and there confine them, so long as may be necessary to avoid such danger; and such removal and confinement shall not be deemed an escape of such prisoners. 2 Rev. Stat., 430, § 25. S812. Whenever any pestilence or contagious disease breaks out in any jail, or in its vicinity, and the physician to such jail certifies that such pestilence or disease is likely to endanger the health of the prisoners confined therein, the county judge of the county in which such jail is situated, or in the city and county of New York, the mayor or recorder, and any alderman of that city, and in the city and county of Albany, the mayor or recorder, and any alderman of the city of Albany, shall, in writing designate some safe and convenient place within such county, or the jail of some contiguous county, as a place of confinement for such prisoners, which designation shall be filed in the office of the clerk of the county. The sheriff of such county is thereupon See Rev. Stat., 430, § 26, as modified by Laws of S813. Whenever, from any riot or civil commotion, from any insecurity of any county jail, or from any other cause, it becomes actually necessary for the safe keeping of the prisoners confined in any county jail that they should be removed therefrom, the sheriff or keeper of such jail may remove such prisoners to some safe and convenient place, and there confine them, so long as the necessity continues; and such removal and confinement shall not be deemed an escape of such prisoners. This provision is new. Removal in &c. case of riot, moval de county jail S814. Any place to which the prisoners in any Place of rejail shall be removed, pursuant to the last four sec-clared the tions, shall, during the time of the confinement of such prisoners therein, be deemed the jail of the county. 2 Rev. Stat., 430, § 27. S815. All provisions of this title relative to the mode of confining prisoners and convicts, apply to persons committed by any court or officer of the United States, in the same manner as if they were committed by a court or officer of this state. See Laws of 1847, ch. 460, § 16. 5816. It is the duty of the keeper of each county jail to receive into the jail every person duly committed thereto, upon charge of an offense against the United States, by the president of the United States, or by any court or officer of the United States, and to confine such person in the jail until he is duly discharged; the United States supporting such person during his confinement. for the time being. |