Must instruct the keepers.

Must daily examine

such officer, keeper or guard was "absent or present;" and if absent, he must give the alleged reasons for such absence; and at the end of each month he must add up the absences appearing in the time book, and forward a full statement thereof to the comptroller with such warden's monthly report.

See Laws of 1855, ch. 552, § 7.

S884. The warden must give the necessary instructions to the keepers, and examine whether they have been careful and diligent in the discharge of their several duties.

See Laws of 1847, ch. 460, § 53, subd. 2.

S885. The warden must examine daily into the the prison. state of the prison, and into the health, condition and safe keeping of the convicts, and inquire into the justice of any complaints made by the convicts relative to their provisions, clothing and treatment by the keepers.

Must make rules for

nate offi

cers.

Laws of 1847, ch. 460, § 53, subd. 3.

S886. The warden may make such general orders the subordi- or rules for the government of the subordinate officers of the prison as he deems proper, and are approved by the board of inspectors. Such rules and orders must be entered in writing, in a book to be kept by the warden for that purpose, and are subject to any alteration or amendment by the inspectors.

Laws of 1847, ch. 460, § 53, subd. 4.

S887. The warden must keep a daily journal of the proceedings of the prison, in which must be entered a note of every infraction of the rules and regulations of the prisons by any officer thereof, which comes to his knowledge; and of every punishment inflicted on a convict, the nature and amount thereof, and by whom it was inflicted; and, also, a memorandum of every well founded complaint, made by any convict, of bad or insufficient food, want of clothing, or cruel and unjust

treatment by a keeper. This journal must be kept open at all times to the examination of the inspector in charge of the prison, and of the board of inspectors.

Laws of 1847, ch. 460, § 53, subd. 5.

pend sub

S888. The warden may suspend, for cause, any May sus officer, keeper or guard in said prison, and employ ordinate another in his stead, until the pleasure of the inspector in charge shall be known; whom he must immediately notify of such suspension and the reasons thereof.

Taken from Laws of 1847, ch. 460, § 65, as amend-
ed Laws of 1857, ch. 94, § 1.

ceive cer

victs.

S889. The warden must receive into the prison Must reunder his charge, on the order of the governor, any taconperson convicted of any crime punishable with death, or who shall be pardoned on condition of being confined either for life or a term of years in the state prison, and confine such prisoner according to the terms of such condition.

Laws of 1847, ch. 460, § 53, subd. 6.

S890. The warden must admit the inspectors, or any one of them, or any agent or committee of the Prison Association of New York, into every part of the prison, and exhibit to them, on demand, all the books, papers, warrants and writings, pertaining to the prison or to the business, management, discipline or government thereof, and render to them every other facility in his power to enable them to discharge their duties. Laws of 1847, ch. 460, § 53, subd. 7.

$ 891. The warden must make a monthly report, through the inspector having charge of the prison, to the inspectors, stating the names of all convicts. received into the prison during the preceding month, the counties in which they were tried, the crimes of which they were convicted, the nature and duration of their sentences, their former trade, employment or occupation, the nature of their employment in prison, their habits, color, age, place of nativity, degree of instruction, and a description of their persons, and

Must admit

the inspec

tors to visit

the prison.

Must make report to

a monthly

the inspectors.

Must communicate

discovery

of offenders

to the

governor.

also stating whether such convicts have ever before
been confined in any state prison or county jail, and
if so, stating the offense for which they were confined,
and the duration of their punishment, and also stat-
ing in such report the names of all the convicts par-
doned or discharged during the past month, and all
other particulars in relation to the parties so par-
doned or discharged, that are required to be stated
in relation to the convicts received in the prison.
Laws of 1847, ch. 460, § 53, subd. 8.

S 892. Whenever the warden of a prison has reaof insanity son to believe that any convict in the prison was insane at the time he committed the offense for which he was sentenced, such warden must communicate, in writing, to the governor, his reason for such opinion, and must refer the governor to all the sources of information with which he may be acquainted, in relation to the insanity of such convict.

Laws of 1847, ch. 460, § 98.

$893. The monthly accounts to be rendered by the warden of each prison to the comptroller, must embrace a general current account of the receipts and expenditures at his prison for the month, and an abstract of the expenditures in detail, which must be accompanied by the necessary vouchers regularly numbered, according to their respective dates, with some short designation thereon of the consideration of the payment, evidenced by the vouchers, and the amount of the voucher carried out in figures; such account must be attested by the affidavit of the warden and clerk thereto annexed.

Laws of 1847, ch. 460, § 49.

S894. It is the duty of the comptroller of the state to examine and audit the accounts of the respective wardens, and annually to lay a statement thereof before the legislature.

Laws of 1847, ch. 460, § 51.

neglect to

ment.

$895. If the warden of a state prison willfully Peralty for neglects or refuses to make any weekly or monthly make statereturn, estimate or statement, or to transmit any statement and certificate of deposits, to the comptroller, directed by any provision of this title, it shall be the duty of the comptroller to notify the inspectors of such omission, and to order the bond of the warden to be put in suit, for the recovery of any moneys which may be in his hands belonging to the state.

Laws of 1854, ch. 240, § 13.

liable to

$896 Each warden of a state prison is liable to Warden indictment and punishment, as for a misdemeanor, punishment for any willful neglect of duty, or for any malpractice or rec in the discharge of the duties of his office.

Laws of 1854, ch. 240, § 14.

for neglect breach

Sing Sing

S897. The warden of the Sing Sing prison shall Farm at continue to have charge of the farm and premises on which the same is situated, and it is his duty to rent or otherwise use or improve the same to the best advantage for the benefit of the state; but no lease shall be made by him for a longer term than three years.

Laws of 1847, ch. 460, § 143.

of warden

Sing.

S898. The moneys which may, from time to time, Receipts of be in the hands of the warden of the Sing Sing at Sing prison, and which are not required for the current expenses of the prison, must be paid into the treasury of this state, and the comptroller must keep an account with the prison, in which the sums so paid into the treasury, with the annual interest thereon, must be credited to the prison; the sums thus credited must be set apart for the use of the prison, and whenever the same may be required for the ordinary expenses of the prison, or for any expenses authorized by law, connected with the prison, they may be drawn from the treasury by the warden of the prison on the written direction of the inspectors. All sums

Warden at Clinton may draw arms from

state arsenal.

May sell

ore.

May appro priate

waters upon the prison lands.

thus drawn from the treasury must be charged to the prison, in the account kept by the comptroller.

Laws of 1847, ch. 460, § 111.

$899. The warden of the Clinton prison may draw, from time to time, from the state arsenal, in the city of Albany, such arms and ammunitions as he deems necessary for the use of the keepers and guards of the prison.

Laws of 1847, ch. 460, § 135.

$ 900. The warden of the Clinton prison may sell the ores raised at that prison, at the common market price, on time, not exceeding six months, receiving therefor such indorsed paper as shall be approved by the warden and clerk of the prison. The proceeds of such sales must be applied to the support of the prison.

Laws of 1847, ch. 460, § 136; Laws of 1850, ch. 306, § 3.

S901. The warden of the Clinton prison may appropriate to the use thereof, all waters upon the tract purchased for the establishment of said prison; and any person claiming damages in consequence of such appropriation of water, shall, within six months thereafter, make application to the county judge of the county of Clinton, who shall appoint three commissioners, not interested in lands through which the stream or streams of water so appropriated may have previously run. Such commissioners must personally examine the lands of the applicant, and make an estimate of the damages he has sustained by reason of such appropriation of water, which estimate must be reduced to writing, subscribed and sworn to by such commissioners, and then transmitted to the comptroller. The comptroller must thereupon pay the estimated damages of the applicant out of the funds appropriated for the prison.

Laws of 1847, ch. 460, § 137.