title: The laws of New York relating to the state prisons including the provisions of the constitution and revised statutes applicable thereto,
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KIRK, Counselor at Law, UNDER THE DIRECTION OF CORNELIUS V. COLLINS, SUPERINTENDENT OF STATE PRISONS. I r -• I y t ■/> i ti t i f 4 * » c c c ti Si « f ^ • ■ 0 , t « { ) t \ . / S' 'ki . • ^ Vv:; t t ’ k •M ■' ^'*^1 CONSTITUTION OF STATE OF NEW YORK. PROVISIONS APPLICABLE TO STATE PRISONS. Article III., Section 29.—Occupation and Employment of Convicts. The Legislature shall by law, provide for the occupation and employment of prisoners sentenced to the several State prisons, penitentiaries, jails and reformatories in the State; and on and after the first day of elanuary, in the year one thousand eight hundred and ninety-seven, no person in any such prison, penitentiary, jail or reformatory, shall be required or allowed to work while under sentence thereto, at any trade, industry or occupation, wherein or whereby his work, or the product of his work, shall be farmed out, contracted, given or sold to any per¬ son, firm, association or corporation. This section shall not be construed to prevent the Legislature from providing that con¬ victs may work for, and that the products of their labor may be disposed of to, the State or any political division thereof, or for or to any public institution owned or managed and controlled by the State, or any political division thereof. Note.— Sec. 97 post page 33. Chap. 737 Laws 1894 “an act to regulate the employment of prison labor in the manufacture of brooms and brushes made of broom corn is made obsolete by this section of the constitution and sec. 97 of the general prison law. Art. V., Sec. 4.—Superintendent of Prisons. A Superintendent of State Prisons shall be appointed by the Governor, by and with the advice and consent of the Senate, and hold his office for five years, unless sooner removed; he shall give security in such amount, and with such sureties as shall be required by law for the faithful discharge of his duties; he shall have the superintendence, management and control of State prisons, subject to such laws as now exist or may hereafter be enacted; he shall appoint the agents, wardens, physicians and chaplains of the prisons. The agent and warden of each prison shall appoint all other officers of such prison, except the clerk, subject to the approval of the same by the Superintendent. 5 6 The Comptroller shall appoint the clerks of the prisons. The Superintendent shall have all the powers and perform all the duties not inconsistent herewith, which were formerly had and performed by the Inspectors of State Prisons. The Governor may remove the Superintendent for cause at any time, giving to him a copy of the charges against him, and an opportunity to be heard in his defense. Art. VIII., Secs. 11, 12 and 13. -State Commission OF Prisons. § 11. The Legislature shall provide for a State Board of Charities, which shall visit and inspect all institutions, whether State, county, municipal, incorporated or not incorporated, which are of a charitable, eleemosynary, correctional or reform¬ atory character, excepting only such institutions as are hereby made subject to the visitation and inspection of either of the commissions hereinafter mentioned, but including all reform¬ atories except those in which adult males convicted of felony shall be confined; a State Commission in Lunacy, which shall visit and inspect all institutions, either public or private, used for the care and treatment of the insane (not including institu¬ tions for epileptics or idiots); a State Commission of Prisons which shall visit and inspect all institutions used for the deten¬ tion of sane adults charged with or convicted of crime, or de¬ tained as witnesses or debtors. § 12. The members of the said Board and of the said Com¬ missions shall be appointed by the Governor, by and with the advice and consent of the Senate; and any member may be re¬ moved from office by the Governor for cause, an opportunity having been given him to be heard in his defense. § 13. Existing laws relating to institutions referred to in the foregoing sections and to their supervision and inspection, in so far as such laws are not inconsistent with the provisions of the Constitution, shall remain in force until amended or repealed by the Legislature. The visitation and inspection herein provided for, shall not be exclusive of other visitation and inspection now authorized by law. Note.— See “act to provide for the appointment of a State Commission of Prisons, and defining its duties and powers" post p. 82. REVISED STATUTES RELATING TO STATE PRISONS. Cliapter 382, Laws of 1889. AN ACT TO Amend Title Two of Chapter Three of Part Four of the Revised Statutes, Relating to State Pris¬ ons AND FOR Other Purposes Connected Therewith. § 1. Title two of chapter three of part four of the Revised Statutes as amended by chapter four hundred and sixty of the laws of one thousand eight hundred and forty-seven, and by chapter two hundred and ninety- four of the laws of one thousand eight hundred and forty-eight, and by chapters fifty-eight and two hundred and forty of the laws of one thousand eight hundred and fifty-four, and by chapters four hundred and fifty-six and five hundred and fifty-two of the laws of one thousand eight hundred and fifty-five, and by chapter ninety-four of the laws of one thousand eight hundred and fifty-seven, and by chapter three hundred and ninety-nine of the laws of one thousand eight hundred and sixty, and by chapter four hundred and fifty-one of the laws of one thousand eight hundred and seventy-four, and by chapter four hundred and forty of the laws of one thousand eight hundred and eighty-eight, is hereby further amended so as to read as follows; TITLE II. OF THE STATE PRISONS. Article i. Of the government and maintenance of State Prisons, the offi¬ cers connected therewith, their powers, duties and compensation. Article ii. Of the disposition, discipline and instruction of prisoners. Article hi. Of the labor of prisoners. 7 8 ARTICLE I. Of the Government and Maintenance of State prisons, THE Officers Connected Therewith, their Powers, Duties and Compensation. Section 29. Names and locations of State prisons. 30. Officers and employees of prisons. 31. Salary and expenses of Superintendent. 32. Salary and expenses of warden. 33. Physicians, clerks and chaplains; salaries of. 34. Compensation of other officers. 35. Salaries to be paid monthly. 36. Oath of office and bond of Superintendent. 37. Oaths of other officers. 38. Bond of agent and warden. 39. Bond of other officers. 40. Office, powers and duties of Superintendent. 41. Annual report of Superintendent. 42. Powers and duties of agent and warden. 43. Daily journal. 44. Account books. 45. Deposit of convicts’ deposits and earnings. 46. Estimate of expenses; revision by Comptroller. 47. Monthly financial statement of warden to Comptroller. 48. Monthly reports as to inmates. 49. Annual financial report. 50. Annual inventory. 51. Warden to control fiscal transactions—recovery of debts to prison. 52. Warden to purchase supplies. 53. Bills and receipts for supplies and services. 54. Convicts’ money and other property; what to be furnished them on their release. 55. Neglect of duty by agent and warden; punishable. 56. General duties of clerk. 57. Duties of assistant clerk, also of assistant foreman of con¬ struction at Clinton Prison. 58. Duties of physician. 59. Duties of chaplain. 60. Duties of principal keeper. 61. Duties of store-keeper. 62. Duties of kitchen-keeper. 63. Notes, drafts and evidences of debt not to be given. 65. Certain officers to administer oaths. 66 . Clinton Prison water works. 67. Lands retained for use of Clinton Prison. 68 . Sing Sing Prison farm. Names and locations of State prisons.— § 29. There shall continue to be maintained for the security and reformation of convicts in this State, three State Prisons; one at Sing Sing, in Westchester County; one at Auburn, in Cayuga County; and one at Dannemora, in Clinton County, which prisons shall respectively be denominated the Sing Sing Prison, the Auburn Prison and the Clinton Prison. Note. — State Prison for Women, at Auburn. Laws 1893, ch. 306, post p.44 Matteawan State Hospital for Insane Criminals. Laws 1893, ch. 81, post p.54. Dannemora Hospital for Insane Criminals. Laws 1899, ch. 520, post p.60. 9 OFFICERS AND EMPLOYEES OF PRISONS.— § 30. The Superin- tendant of State Prisons shall appoint the agent and warden, physician, and chaplain of each of the said prisons, as provided in the Constitution; and he may remove them from office when¬ ever in his judgment the public interests shall so require. He shall designate such number of guards, teachers and other employees at each of said prisons as he may deem necessary for the safe-keeping and improvement of the prisoners or for the maintenance of discipline, and he shall also designate which of them shall reside at the prison. But the number of guards shall not exceed the proportion of one guard to fourteen pris¬ oners at each of said prisons. L The Comptroller shall appoint a clerk of each of said pris¬ ons as provided by the Constitution, and is authorized to appoint an assistant clerk of each of said prisons whenever in his judg¬ ment the public interests shall so require. 2 . The agent and warden of each of said prisons shall appoint, subject to the approval of the Superintendent of State Prisons, a principal-keeper, a store-keeper, a kitchen-keeper, a hall- keeper, a yard-keeper, a sergeant of the guard, and so many other keepers, guards, teachers and employees of such prison as shall be designated by the Superintendent of State Prisons as aforesaid, and such agent and warden shall have the power to remove such subordinate officers and employees so appointed by him. The People ex. rel. John J. Griffin, Appellant, vs. Austin Lathrop, et al.. Respondents, 142 N. Y. p. 113. The position of keeper was abolished by the amendment of 1904 to § 34 and such officers are classified as guards. See post page 10. 3. No appointment shall be made in any of the State prisons of this State on the grounds of political partisanship; but hon¬ esty, capacity and adaptation shall constitute the rule for ap¬ pointments, and any violation of this rule shall be sufficient cause for the removal from office of the officer committing such violation. No person under twenty-one years of age shall be appointed to or hold any office at any State prison, nor shall any subordinate officer be appointed at any of said prisons by the agent and warden, unless such subordinate officer is a citizen of this State. Note. —Superintendent of State Prisons, see Const., art. V, § 4. Power of removal.— Power of appointment implies power of removal. People ex rel. Griffin vs. Lathrop, 142 N. Y. p. 113. Salary and expenses of Superintendent.— § 31. The Superintendent of State Prisons shall receive an annual salary of six thousand dollars, payable monthly by the Treasurer on the warrant of the Comptroller, and in addition thereto, all reason¬ able and necessary traveling expenses by him actually incurred and paid in the discharge of his official duties, not exceeding the sum of five hundred dollars per annum, and a further sum 10 of four thousand nine hundred and fifty dollars per annum, or so much thereof as may be necessary for clerk hire, copying and messenger, postage, stationery and other incidental expen¬ ses, of all which expenses he shall keep an account by items and verify the same by his oath to be filed with the Comptroller. Salary and expenses of warden. — § 32. The agent and warden of each of said prisons shall receive an annual salary of three thousand five hundred dollars, and in addition thereto he shall be allowed rations from the prison stores for himself and family. The agent and warden of each of said prisons shall re¬ side in the house connected therewith. The house for the agent and warden shall be provided with household furniture, fuel and lights for him and his family in addition to his salary, and also in addition thereto he shall be entitled to the services of such prisoners as may be reasonably necessary for household service. The Comptroller is hereby authorized to audit and allow from time to time all necessary expenses and subsistence of the agent and warden, when necessarily traveling on official business, or when the attendance of such agent and warden is required at the seat of government, the necessity of such traveling and at¬ tendance to be decided by the Comptroller, and the accounts therefor when so audited to be paid by the Treasurer on the warrant of the Comptroller. Physicians, clerks and chaplains; salaries of.— § 33. The physician, clerk and chaplain of each of said prisons shall re¬ ceive an annual salary of two thousand dollars; each assistant clerk of said prisons shall receive such annual salary as shall be fixed by the Comptroller, not exceeding one thousand five hun¬ dred dollars. They shall keep their offices at their respective prisons, and they shall be furnished with fuel and lights for their offices. Compensation of other officers. — § 34. The Superintend¬ ent of State Prisons shall, from time to time, prescribe the compensation of the other officers of said prisons, but the com¬ pensation so fixed and prescribed for the following officers in each of such prisons shall not in any case exceed the rate of an annual salary, as follows: To the principal keeper, two thousand dollars; to the kitchen-keeper, store-keeper, hall-keeper and yard-keeper, each twelve hundred dollars; to the sergeant of guard, nine hundred dollars; to the State detective at Sing Sing Prison eighteen hundred dollars. The position of keeper in the several State prisons is hereby abolished and officers heretofore designated as keepers shall hereafter be classified as guards. The several guards shall be paid only for services actually ren¬ dered, and their annual compensation shall be subject to pro rata deduction for time not served. The compensation of guards hereafter appointed shall be as follows: For the first year’s service, six hundred and sixty dollars; for the second year’s service, seven hundred and forty dollars; for the third 11 year’s service, eight hundred and twenty dollars; for the fourth year’s service, and thereafter, nine hundred dollars. The an¬ nual compensation of guards in service at the time this act takes elfect shall be, for services hereafter rendered, as follows: To those ^ serving their first year as prison officers, seven hundred and eighty dollars; to those serving their secopd year as prison officers, eight hundred and twenty dollars; to those serving their third year as prison officers, eight hundred and sixty dol¬ lars; to those who have served three or more years as prison officers, nine hundred dollars, (^s amended by Chap. 730, L. 1895, and by Chap. 709, L. 190Ji). Salaries to be paid monthly. — § 35. The salaries of the officers in the four last preceding sections specified shall be pay¬ able monthly at the end of each month. None of such officers mentioned shall receive any perquisites or emoluments for his services other than the compensation provided therefor by law. Note. —See Sec. 48 Penal Code, on the subject of emoluments & c. Oath of office and bond of superintendent. — § 36. Within ten days from the time of notice of his appointment, the Superintendent of State Prisons shall subscribe and take the oath of office prescribed by the Constitution and file the same in the office of the Secretary of State, and shall be in all respects subject to the provisions of the sixth title of chapter five of the first part of the Revised Statutes, as far as the same may be ap¬ plicable, and within such ten days he shall give to the people of the State of New York a bond in the penal, sum of twenty-five thousand dollars, with two good suretie.s to be approved by the Comptroller, conditioned for the faithful discharge of the duties of the office. Note. —Constitutional oath of office, Const, art. XIII § 1. Official oaths, Public Officers’ Law ^ 10. Official undertakings. Id., §§ 11, 12. Neglect to file same. Id., § § 13, 20. Subd. 7. Oaths of other officers. — § 37. Each of the officers of said prisons shall, before entering on the duties of his office, take and subscribe the oath of office prescribed by the Constitu¬ tion of this State, which oath may be taken and subscribed be¬ fore any officer authorized by law to administer an oath. The said oath shall be filed in the office of the Comptroller. Note.—S ee note to preceding section. Bond of agent and warden. — § 38. Each agent and war¬ den of a State prison and each other officer or person, when required to perform the duties of an agent and warden, before entering on the duties of his office, shall execute a bond to the people of this State with sufficient sureties, to be approved by the Superintendent of State Prisons and the Comptroller, in the penal sum of fifty thousand dollars, conditioned for the honest and faithful performance of his duties, and accounting for all moneys received by him as such agent and warden according to law, which bond when executed and approved shall be filed in 12 the office of the Comptroller of this State. Said Comptroller may, at any time require such agent and warden to execute a new bond as such, with new sureties, in the same form and with the same conditions, to be approved and filed as aforesaid. Note.— See note to ^ 36 above. Bond of other officers. — § 39. The clerk, principal keeper, store-keeper, kitchen-keeper, hall-keeper and yard-keeper of each of said prisons, before entering on the duties of his office shall each execute and file in the office of the Comptroller of the State, a bond to the people of this State, with sufficient sureties to be approved by the Superintendent of State Prisons, in the penal sum of five thousand dollars, conditioned for the faithful performance of his duties according to law. Note.—S ee note to § 36 above. Office, powers and duties of Superintendent. — § 40. The Superintendent of State Prisons shall have his office in the City of Albany. He shall have the superintendence, management and control of the State prisons and of the convicts therein, and of all matters relating to the government, discipline, police, con¬ tracts and fiscal concerns thereof. He shall have power and it shall be his duty to inquire into all matters connected with said prisons. He shall make such rules and regulations, not in con¬ flict with the statutes of this State, for the government of the officers, keepers, guards and employees of the prisons, except the clerks and assistant clerks, who shall be subject to such rules and regulations as shall be prescribed by the Comptroller, and in regard to the duties to be performed by them, and for the government and discipline of each prison, as he may deem proper, and shall cause such rules and regulations to be recorded by the clerk of the prison, and a printed copy thereof to be fur¬ nished to each officer of the prison on his appointment. He shall also prescribe a system of accounts and records to be kept at each prison, which system shall be uniform at all of said prisons, and he may also make rules and regulations for a re¬ cord of photographs and other means of identifying each convict received into said prisons. The Superintendent of State Prisons may delegate to his clerk authority to certify, in the absence of the Superintendent, estimates to the Comptroller, to sign orders for the transfer of convicts, and to sign orders for the discharge of insane criminals, whose term of imprisonment has expired. The Superintendent of State Prisons may require reports from the agent and warden or other officers of the prison in relation to their conduct as such officers, and shall have power to inquire into any improper conduct which may be alleged to have been committed by the agent and warden or other officer of either of the said prisons, and for that purpose to issue subpoenas to compel the attendance of witnesses, and the production before him of books writings and papers in the same manner and with the like effect and subject to the same penalties for disobedience 13 as in cases of trials before justices of the peace, and to examine in person or by attorney all persons who may be brought before him as such witnesses. Note. — Superintendent not to be interested in prison contracts or pur¬ chases. Penal Code § 48b. post. Annual report of Superintendent. — § 41. It shall be the duty of the Superintendent of State Prisons on or before the tenth day of January in each year to report to the Legislature in writing the condition of each of the prisons for the year ending with the last day of the previous September, specifying the number of convicts confined during such year, and for what offences, the number transferred from any prison and the reason therefore in each case, the moral, intellectual, and phyi- cal condition of the prisoners and how employed, the amount of money expended during such year and how, in detail, the amount of money earned during such year and how, in detail, the amount paid into the treasury during such year, and such other matters as may seem pertinent and proper in the judg¬ ment of the Superintendent. Note. —Reports of Superintendent may be printed in State Prisons. Ch. 645, L. 1898, post p. 69. Powers and duties of agent and warden.— § 42. The agent and warden of each of said prisons shall attend regularly at such prison, and exercise a general supervision over its gov¬ ernment, discipline and police, and attend to the fiscal and bus¬ iness concerns of the prison, and conform to and enforce the rules and regulations of the Superintendent of State Prisons in relation thereto. He shall give the necessary directions to the subordinate officers and employees of such prison, and shall ex¬ amine whether they have been careful and diligent in the dis¬ charge of their several duties, shall examine diligently into the state of the prison, and into the health, condition and safe-keep¬ ing of the prisoners, and inquire into the justice of any complaints made by the prisoners relative to their provisions, clothing and treatment by such subordinate officers and employees. He may make such general orders or rules for government of such subordinate officers and employees of the prison, not in conflict with the statutes of the State or the rules and regulations of the Superintendent of State Prisons, as he may deem proper, which rules and orders shall be entered in a book provided by the agent and warden for that purpose, and copies thereof shall be printed, and each of said subordidate officers and employees shall be furnished with a printed copy thereof upon his appoint¬ ment. Note.— Agent and warden not to be interested in prison contracts or purchases. Penal Code § 48b. post. Daily journal. - § 43. The agent and warden of each of said prisons shall cause to be kept a daily journal of the pro¬ ceedings of the prison, in which shall be entered a note of every 14 infraction of the rules and regulations of the prison by any offi¬ cer, which shall have come to his knowledge, and of every punish¬ ment inflicted on a prisoner, the nature and the 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 or unjust treatment by a keeper; such journal shall be kept open at all times to the examination of the Superintendent of State Prisons. Note. —The position of keeper was abolished by the amendment of 1904 to § 34 and such officers are now classified as guards. Account books. — § 44. The agent and warden of each of said prisons shall cause to be kept regular books of entry, in which all his accounts and transactions shall be entered. Such books shall contain a regular and correct account of all moneys received by such agent and warden from any source whatever, by virtue of his office, including all moneys taken or received from convicts, or as the proceeds of property taken from them, and of all sums paid by him by virtue of his office, and the persons to whom, and purposes for which the same were paid. Such books and the accounts entered therein shall be open for the examination of the Superintendent of State Prisons or the Comptroller or of any person authorized by any of them. Deposit of convicts' deposits and earnings.— § 45. The agent and warden of each of said prisons shall deposit at least once in each week to his credit as agent and warden, in such bank or banks as may be designated by the Comptroller, all the moneys received by him as such agent and warden, as convict deposits and miscellaneous earnings, and send to the Comptroller, and also to the Superintendent of State Prisons, weekly, a statement showing the amount so received and de¬ posited, and when, from whom, and for what received, and the days on which such deposits were made. Such statement of deposits shall be certified by the proper officer of the bank re¬ ceiving such deposit or deposits. The agent and warden shall also verify by his affidavit that the sum so deposited is all the money received by him from whatever source of prison income, other than proceeds of the labor of prisoners, and of sales of articles manufactured by them during the week and up to the time of the last deposit appearing on such statement. Any bank in which such deposits shall be made shall, before receiving any such deposits, file a bond with the Comptroller of the State, sub¬ ject to his approval, for such sum as he shall deem necessary. The moneys so deposited by such agent and warden as convict deposits and miscellaneous earnings shall be subject to his check or draft only when countersigned by the Comptroller. The Comptroller shall countersign such check or draft only when the same is drawn for the payment of an expenditure included in an estimate approved by the Superintendent of State Prisons, and for the purposes hereinafter stated. The agent and war- 15 den of each prison shall, on the first day of each month, make an estimate and detailed statement of all moneys that will, in his judgement, be required for clothing, allowance and transporta¬ tion of United States prisoners, and to repay to convicts moneys on deposit to their credit, and the interest thereon, as provided by section fifty-four of title two of chapter three of part four of the Revised Statutes relating to State Prisons, during such month, which estimate shall be forwarded to the Superintendent of State Prisons, who may revise the same by reducing the amount thereof, and he shall certify that he has carefully exam¬ ined the same, and that the sums stated in said estimate are actually required for the purposes above stated, and he shall thereupon deliver the said estimate, sc certified, to the Comp¬ troller. (As amended by Ch. 72, L. 1900.) Estimate of expenses; revision by Comptroller.— §46. The agent and warden of each of said prisons shall, on the first day of each month, make an estimate, in minute detail, of the necessary expenses for the support and maintenance of the pris¬ on under his charge during such month, and shall submit such estimate to the Superintendent of State Prisons. The Superin¬ tendent may revise the said estimate by reducing the amount thereof, and shall certify that he has carefully examined the sarne and that the articles contained in said estimate, or in said estimate as so revised by him, as the case may be, are actually required for the use of the prison, and the Superintendent of State Prisons shall thereupon present the said estimate and cer¬ tificate to the Comptroller who shall thereupon authorize the said agent and warden to make his draft on the Treasurer for the sum thus certified, or any part thereof, which amount shall be paid on the warrant of the Comptroller; and it shall not be law¬ ful for such agent and warden to make purchases on behalf of the State for any other than industrial purposes at such prison, unless such purchases have been included in the estimate as pre¬ sented to and approved by the Superintendent of State Prisons. Monthly financial statement of warden to comptrol¬ ler. — § 47. The agent and warden of each of said prisons shall on the first day of each month make to the Comptroller a full and perfect statement of all the receipts and expenditures, spe¬ cifying the items thereof, for the prison under his charge, for the preceding month, which shall be accompanied by the ne¬ cessary vouchers regularly rendered according to their respective dates, with some short designation thereon of the consideration of payment, evidenced by the vouchers, and the amount of the vouchers carried out in figures: if the vouchers are objection¬ able, the Comptroller shall enter his dissent on the particular voucher, and return it to the agent and warden, reporting the same, who shall cause it to be immediately corrected and re¬ turned. Every such statement shall be verified by an affidavit of the agent and warden thereunto annexed, as follows: I, 16 agent and warden of the prison, do solemny swear that I have deposited in the bank, designated by law for such purpose, all the moneys received by me, belonging to the State during the last month; and I do further swear that the foregoing is a true abstract of all the moneys received and expenditures made by me as such agent and warden during the month ending on the day of , eighteen hundred and , and that the goods and other articles therein speified were purchased and received by me at the prison of which I am in charge, and that the goods were purchased at fair cash market prices, and that the same were paid for in cash; and that neither I nor any per¬ son in my behalf had any pecuniary or other interest in the ar¬ ticles purchased; that I received no pecuniary or other benefit therefrom in the way of commissions, percentage, deductions or presents, or in any other manner whatever, either directly or indirectly, nor any promise of future payments, presents or benefits, or to any other person for me, either directly or indi¬ rectly. The affidavit of the clerk shall likewise be appended thereto, certifying that the articles contained in such bill were received at the prison, and that they conformed in all respects to the invoice of the goods received and entered by him, both in quality and quantity. Monthly reports as to inmates. — § 48. The agent and warden of each of said prisons shall make a monthly report, verified by his oath, to the Superintendent of State Prisons, 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 occupa tion, their habits, color, age, place of nativity, degree of in¬ struction, and a description of their persons, and also stating whether any such convicts have ever been confined in any state or county prison, and if so, stating the offense for which they were confined, and the duration of their punishment, and also stating in such report the names of all the convicts pardoned or discharged during the past month, and all other particulars in relation to the parties pardoned or discharged, that are required to be stated in relation to the convicts received in the prison. Annual financial report. — § 49. The agent and warden of each of said prisons shall, on or before the fifteenth day of November in each year, render to the Superintendent of State Prisons a full and true report for the year ending with the last day of the previous September, of all moneys received by him on account of the prison under his charge, and all the moneys expended by him for the use thereof, and also an inventory of the goods, raw materials, and other property of the State on hand on the last day of the previous September, which account and inventory shall be attested by the oath of the agent and warden and clerk of the prison to be just and true, together with a state- 17 ment of all changes in the officers of such prison during such year, and the annual reports to the agent and warden of the clerk, physician and chaplain of each prison, and such other matters as shall be required by the Superintendent of State Prisons. Note.— False entry in accounts, a felony, Penal Code §470. Annual inventory.— § 50. The Superintendent of State Prisons may, whenever he shall deem advisable, cause au esti¬ mate to be made of the value of the goods and other property of the State, for which an inventory has been rendered to him by the agent and warden of either of said prisons, which esti¬ mate shall be made under oath by two or more competent persons to be appointed for that purpose by the Superintendent, which inventory and estimate shall be transmitted to the Comptroller of the State on or before the first day of January in each year, with such observations and remarks thereon as the Superinten¬ dent may deem necessary to enable the Comptroller to under¬ stand the same and to correct any errors that may be discovered therein. Warden to control fiscal transactions— recovery of DEBTS TO PRISON. — § 51. All the fiscal transactions and deal¬ ings on account of each prison shall be conducted by and in the name of thb agent and warden thereof, who shall have control over all matters of finance relating to such prison, subject to the direction and supervision of the Superintendent of State Prisons. Such agent and warden shall be capable in law of suing in all courts and places, and in all matters concerning the prison, by his name of office, and by that name shall be author¬ ized to sue for and recover all sums of money due from any person to any former agent, or agent and warden of the prison, or to the people of this State on account of such prison. But it shall not be lawful in any such suit or action for any defendant or defendants to plead or give in evidence any offset or matter by way of recoupment or counter claim (except for payments made, and not credited to such defendant or defendants), or to recover any judgment against such agent and warden in such suit or action other than for the costs and disbursements therein. Each agent and warden shall enforce the payment of all debts due to the prison under his charge as soon and with as little delay as possible, but with the approbation of the Superin¬ tendent of State Prisons, and subject to such approbation he may accept any security from any debtor on granting him time, that he may deem conducive to the interests of the State. Warden to purchase supplies.— §52. The agent and warden of each of said prisons shall supply provisions and other suitable articles for the maintenance and supply of the prison under his charge, either by contract or by purchase, as shall be directed by the Superintendent of State Prisons. In case the said Superintendent shall direct that such supplies 2 18 shall be obtained by contract, the agent and warden shall cause notice to be published in a newspaper printed in the bounty in which such prison is situated, and in such other newspapers and for such time as the said Superintendent shall direct, stating the particular supplies wanted, the manner in which they are to be delivered, and the time during which proposals will be re¬ ceived by such agent and warden for furnishing the same. Con¬ tracts shall be made by the agent and^ warden with those per¬ sons whose proposals in pursuance with such notice shall be most advantageous to the State, and who shall give satisfactory security for the performance of their contracts, subject to the approval of the said Superintendent, unless the Superintendent shall deem it expedient to decline all proposals and advertise anew. The articles of food and the quanities of each kind shall be prescribed by the said Superintendent and inserted in the contract. All contracts made under this section shall be re¬ duced to writing and signed in duplicate by the parties. One of such duplicates shall be filed with the clerk of the prison, and a copy thereof shall be delivered to the Superintendent of State Prisons. Note. — Imitation butter and cheese not to be purchased for prisons. Ch. 364, L. 1893 post p. 70. Preference to be given in the purchase of supplies to products raised within this state. Ch. 32, L. 1899 post p. 69. Bills and receipts for supplies and services. — § 53. The agent and warden of each of said prisons shall take bills for all goods purchased by him for such prison at the time of such purchase, and shall take similar bills and receipts for such ser¬ vices that shall be rendered for such prison at the time of making payment therefor, and the person or persons to whom any bill shall be paid by either of said agents and wardens, shall in all cases make and subscribe an affidavit to be sworn to be¬ fore some person duly authorized by law to take the same, stating that said account and the articles and services therein specified were actually furnished or rendered as charged; that neither the agent and warden, nor any person for him or in his behalf had any pecuniary or other interest in the articles sold or services rendered, or in the profits thereof; that to the best of his knowledge and belief no commissions, presents or profits directly or indirectly connected therewith had been paid to him or any other person; or had been promised to be paid in the future to him or to any other person; that the said bill repre¬ sents the correct amount due him; that the articles included in such account were sold at fair cash market prices, and that he has actually received the full amount in cash from the said agent and warden. Convicts’ money and other property; what to be FURNISHED THEM ON THEIR RELEASE. — § 54. The agent and warden of each of said prisons shall take charge of all moneys and other articles which may be brought to the prison by the 19 convicts and shall cause the same, immediately upon the receipt thereof, to be entered by the clerk among the receipts of the prison; which money and other articles, whenever the convict from whom the same was received shall be discharged from prison, or the same shall be otherwise legally demanded, shall be returned by the said agent and warden to such convicts or other person legally entitled to the same; and for such money as the said convict, or any other person for such a convict, may have so deposited, such convict shall be entitled to receive in¬ terest at the rate of four per cent per annum from the time of such deposit until the same shall be so repaid to such convict as aforesaid, and vouchers shall be taken therefor. The agent and warden of each of said prisons shall furnish to each convict who shall be discharged from prison by pardon or otherwise, or who shall be released therefrom on parole, necessary clothing, not exceeding twelve dollars in value (between the first day of November and the first day of April, clothing not exceeding eighteen dollars in value and including an overcoat, shall be so furnished), and ten dollars in money, and a railroad ticket or tickets for the transportation of one person from such prison to the place of the conviction of such a convict, or to such other place as such convict may designate, at no greater distance from said prison than the place of conviction. 