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regulations, it is their duty to adopt such as in their judgment, while consistent with the discipline of the prison, shall best conduce to the reformation of the convicts.

Ibid. subd. 4.

female de

of the Sing

Sing pri

son.

S830. The inspectors may make like regulations, And for the and alter and amend the same, for the government partment and discipline of all female convicts in the female department of the Sing Sing prison, and may cause them to be employed as shall conduce to their support and reformation. They may, by order, from time to time, prescribe the kind of labor in which such convicts shall be employed, having due regard in making such order, to the mechanical interests of the citizens of the state.

See Ibid., subd. 12; and Laws of 1847, ch. 460, § 73.

inquire into

alleged im

S831. The inspectors may inquire into any im- They must proper conduct which may be alleged to have been committed by any officer or agent of, or other person employed in either of the prisons of this state.

See Ibid., subd. 5, as amended Laws of 1855, ch. 552

§ 1. Power to send for persons and papers is conferred
by section 842.

proper conduct.

keep minproceed

S832. The inspectors must keep regular minutes They must of their meetings and proceedings at each prison utes of their which they shall visit; which minutes must be en- ings. tered by the clerk in a book kept for that purpose, in each of said prisons, and signed by the inspectors.

See Ibid., subd. 6.

S833. The inspectors must make an annual report on or before the fifteenth day of January, in each year, of the state and condition of each of said prisons, the convicts confined therein, of the money expended and received, and generally of all the proceedings during the past year.

Ibid., subd. 7.

They must annual

make an

report.

They must furnish

returns

made to

them.

S834. The inspectors must furnish to the legislaabstracts of ture, with their respective annual reports, summary abstracts of all the returns which shall have been made to them, during the past year, by the warden or any other officer of each prison; and also a list of all contracts entered into during the past year for the employment of convicts, stating what portion of each contract may have been finished during the year, any sums of money received thereon, the probable time of its completion, and the amount which will then remain and become due.

They must

cause

orders, &c.,

them to be recorded.

Ibid., subd. 8.

S835. The inspectors must cause all orders, rules adopted by and regulations adopted by them, and the entries of their proceedings at each meeting, to be recorded by the clerk of the prison then visited, and furnish to each officer of the prison, on his appointment, a printed copy of the general rules and regulations of the prison.

They may employ artisans from

abroad.

Ibid., subd. 9.

S836. The inspectors may employ artisans from abroad for the purpose of teaching such new branches of business in the state prisons as are not pursued in the state.

Ibid., subd. 10.

They must prescribe

sions for the con

victs.

S837. The inspectors must prescribe the kinds of the provi- provisions, and the quantities of each kind, that shall be inserted in each contract for the supply of provisions to each state prison, and may authorize each contract to be made for the term of one year, or for any less term, in their discretion, or may cause such provisions to be furnished by the warden, in their discretion.

They must

transmit wardens'

Ibid., subd, 11. Subdivision 12 is omitted for the reason that its provisions appear fully embraced by the various sections of this title.

S838. The inspectors must transmit to the comptroller of the state, on or before the first day of

comptrol

January in each year, the account and inventory account to rendered to them by the warden of each state prison, ler. with such observations and remarks thereon, as they may deem necessary to enable the comptroller to understand the same, and to correct any errors that may be discovered therein.

Ibid., subd, 13.

$839. The inspectors must cause an estimate to be made of the value of the goods, and other property of the state, of which an inventory has been rendered to them, by the warden of each prison, which estimate must be made under oath by two or more competent and disinterested persons to be appointed for that purpose by the inspectors, and must be transmitted by the inspectors to the comptroller, with the inventory to which it relates.

Ibid., subd. 14.

S840. The inspectors must select, as far as practicable, such persons, in appointing keepers to each prison where manufacturing is carried on by the state, as are qualified to instruct the convicts in the trades and manufactures thus prosecuted in such prison.

Ibid., subd. 15.

S841. The inspectors must keep in repair the armories hereafter erected or used at Sing Sing or Auburn for the use and convenience of the company of guards attached to the prison; and the expense attending such repairs shall be paid out of the funds of the prison.

Laws of 1847, ch. 460, § 126.

They must property of be valued.

cause the

the state to

Their duty ments.

in appoint

They must

keep armo

ries in

repair.

president witnesses.

S842. In any investigation or inquiry lawfully Power of made by the board of inspectors, the president of to summor such board may issue subpoenas to compel witnesses to attend and testify, or to produce books and papers or other instruments of evidence, before such board, in the same manner, and with like effect, and with the same power to punish for disobedience, as is or

Power of inspectors

ter oaths.

may be authorized by law in respect to trials before justices of the peace.

S843. Either inspector may administer an oath or to adminis- affirmation to, or take an affidavit of any person voluntarily consenting thereto, in or relating to any matter connected with the affairs of any prison. And in any investigation or inquiry lawfully made by any inspector, he may issue subpoenas to compel witnesses to attend and testify, or to produce books and papers or other instruments of evidence before him, in the same manner, and with like effect, and with the same power to punish for disobedience, as is, or may be authorized by law in respect to trials before justices of the peace.

This and the preceding section are recommended as substitutes for the existing provisions of Laws of 1847, ch. 460, 34, subd. 5, as amended Laws of 1855, ch. 552, § 1; Laws of 1849, ch. 133, § 1, and Laws of 1849, ch. 133, § 2, as amended Laws of 1854, ch. 240, § 10. Those provisions are as follows:

"The inspectors shall have power to inquire into any improper conduct," &c., "and for that purpose to issue subpoenas to compel the attendance of witnesses, and the production before them of books, writings and papers, in the same manner, and with like effect, and subject to the same penalties for disobedience, as in cases of trial before justices of the peace, and to examine any person or persons who may be brought before them as such witnesses."

Laws of 1847, ch. 460, § 34, as amended Laws of 1855, ch. 552, § 1.

"The president of the board of inspectors of state prisons shall have power to administer oaths and to take affidavits in all matters pertaining to the fiscal affairs, business transactions, discipline or government of said state prisons."

Laws of 1849, ch. 133, § 1.

"In like manner, any inspector of state prisons may administer oaths, and take affidavits in all matters relat ing to the affairs of the state prison under his charge, and for that purpose shall have power to issue subpœnas to compel the attendance of witnesses, and the production before him of books, papers and writings, in the same manner, with the like effect, and subject to the same penalties for disobedience, as in cases of trial before

justices of the peace, and to examine any person or per-
sons who may be brought before him as such witnesses."
Laws of 1849, ch. 133, § 2, as amended Laws of 1854,
ch. 240, § 10.

These provisions, it will be seen, in effect, vest the
power to issue subpoenas to witnesses to attend before
the board, in the board as a body. The commissioners
propose that it be vested in the president, as the proper
person actually to exercise it. The existing law confines
the power of an inspector in taking voluntary oaths, to
those which relate to the prison under his charge. No
reason is perceived why a voluntary oath relative to the
affairs of any prison may not be taken before any inspec
tor.

individual

S844. Each inspector must spend at least one Duties o week at the prison assigned him, at least once in inspectors. each month, which shall be within the first fifteen days of the month, except in the months when the quarterly meetings occur; and at that time must diligently examine and inquire into the condition of such prison and give such instructions in writing, for its government and discipline, being consistent with the laws of this state and the general regulations established by the inspectors, as he deems necessary and expedient. No inspector can draw his salary, until he has made and filed with the comptroller an affidavit that he has performed such duty. He must keep a journal of his proceedings at each monthly or other visitation, and report the same to the board of inspectors at their first joint meeting thereafter. Such journal shall also be entered by the clerk in the book of the proceedings of the board of inspectors kept in the prison to which the journal relates.

Laws of 1847, ch. 460, § 35, as amended Laws of
1860, ch. 399, § 1.

S845. The inspector in charge at each prison must examine the books of the store keeper or kitchen keeper, and compare the books kept by him with the original bills taken by the warden at the time of purchasing the goods, and as they agree or disagree, must certify on the books accordingly.

See Laws of 1855, ch. 552, § 4.

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