TITLE 3. Permits when to be granted. Penalty for selling or bringing liquor into prisons. Prisoners may be brought be as witnesses. of the liquor which may be furnished to any convict, the name of the prisoner for whom, and the time when the same may be furnished, except for the ordinary hospital supply of the state prisons, which permit shall be delivered to and kept by, the keeper of the prison. $153. No permit shall be granted, unless it shall satisfactorily appear to such physician that the liquor allowed to be furnished is necessary for the health of the prisoner for whose use it is permitted, which shall be stated in such permit. $154. Any person who shall sell, or bring into any of said prisons, any spirituous or fermented liquor, contrary to the foregoing provisions, and every keeper or other officer employed in or about any such prison, who shall suffer any spirituous or other liquor to be sold or used therein, contrary to the foregoing provisions, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be subject to imprisonment, not exceeding one year, or to a fine not exceeding two hundred and fifty dollars, or both, in the discretion of the court; and every sheriff or other officer so convicted, shall forfeit his office. $ 155. Whenever it shall appear to the court in which an indictment is pending, and to be tried against any person for fore courts any offence committed by him while imprisoned in any county prison, or any one of the state prisons, on the person of any other individual confined in such jail or state prison, that any other person confined in any county prison, or in any of the state prisons, is an important witness in behalf of the person so indicted, such court is hereby authorised to grant a writ of habeas corpus for the purpose of bringing such prisoner before such court to testify upon the trial of such indictment, in behalf of the party making the application. $ 156. In case any prisoner committed to either of the States con- prisons by a court of the United States or by the President of the United States, shall escape from the custody of any keeper to whom such convict may have been so committed, he shall be liable to the like punishment as if he had been committed by virtue of a commitment or conviction under the authority of this state; and any expenses incurred in searching for or apprehending said convict, shall be a proper charge against the government of the United States. Escape of victs. Prisoners indicted may be brought before court for trial. In cases of indictment Laws of 1860, ch. 399, § 14. S 157. The court in which any indictment is pending against any person imprisoned on conviction of a crime in any county jail or state prison, for an offence committed during such imprisonment, is hereby authorised to issue a writ of habeas corpus for the purpose of bringing the individual so indicted before the court for arraignment or trial on such indictment. $158. The court in which any indictment is pending for pending for a felony, against any person imprisoned on conviction of a crime, in any county jail or state prison, is hereby authorised a felony. to issue a habeas corpus for the purpose of bringing the individual so indicted before such court for arraignment or trial, on such indictment. TITLE & authorized state take effect. parts of acts $159. The following persons shall be authorised to visit at Persons pleasure all county and state prisons: The governor and to visit lieutenant governor, secretary of state, comptroller and attor- county and ney general, members of the legislature, judges of the court prisons. of appeals, supreme court and county judges, district attorneys and every minister of the gospel having charge of a congregation in the town wherein any such prison is situated. No other person not otherwise authorised by law shall be permitted to enter the rooms of a county prison in which convicts are confined, unless under such regulations as the sheriff of the county shall prescribe, nor to enter a state prison except under such regulations as the inspectors shall prescribe. $160. This act shall take effect on the first day of January, Act when to one thousand eight hundred and forty-eight, and from that time the acts and parts of acts hereinafter enumerated, except such provisions therein as are temporary in their nature and have not yet been fully executed, shall be and are hereby repealed: The whole of chapter third in the fourth part of Acts and the Revised Statutes; "an act concerning convicts under the repealed. age of seventeen years," passed April 16, 1830; "an act relative to the state prison," passed April 20, 1830; "an act for the erection of state prison buildings for female convicts," passed April 20, 1835; "an act in relation to the state prisons," passed May 11, 1835; "an act to authorise the formation of a militia company for the protection of the Mount Pleasant state prison," passed April 24, 1835; "an act relative to Geneva college," passed April 20, 1836; "an act relative to state prisons," passed April 23, 1836; "an act relative to the state prisons of the state of New-York," passed March 20, 1837; "an act in relation to state prisons," passed April 25, 1832; "an act for the better regulation of the state prisons at Auburn and Mount Pleasant," passed May 4, 1840; "an act concerning the state prison at Mount Pleasant," passed March 8, 1832; "an act in relation to the state prisons," passed May 20, 1841; "an act supplementary to an act entitled 'an act to authorise the formation of the militia company for the protection of the Mount Pleasant state prison,' passed April 24, 1835," passed April 7, 1842; "an act in relation to convict labor in the state prisons," passed April 9, 1842; "an act in relation to state prisons," passed May 1, 1844; "an act in relation to the trial of convicts in county and state prisons," passed January 31, 1846; "an act to amend an act entitled 'an act in relation to the trial of convicts in county and state prisons,"" passed February 3, 1847; the first six sections and the eleventh section of an act entitled "an act to amend an act in relation to state prisons," passed April 16, 1845; the second section of an act entitled "an act authorising the establishment of a medical faculty in TITLE 3. Chap. 3 of part 4 of the R. S. the university of the city of New-York," passed February 11, 1837; the fourth section of chapter eighty-six in the laws of the first session of 1847, and the third, fourth and fifth sections of an act entitled "an act making an appropriation for the relief of the Mount Pleasant state prison," and for other purposes, passed May 13, 1846; and from the same time all other acts and parts of acts that are inconsistent with the provisions of this law or that are embraced therein shall be and are hereby repealed. $161. In all future editions of the Revised Statutes this law shall be inserted and published as chapter third, of part fourth of said Statutes, and when thus published, the chapter shall be entitled "of the government and discipline of county and state prisons, and of the conduct and treatment of prisoners therein." See Laws of 1862, ch. 403; 1860, ch. 399, ch. 283; 1857, ch. 144, ch. 94; 1855, ch. 456, ch. 552; 1854, ch. 240; 1851, ch. 259; 1850, ch. 24; 1849, ch. 331, ch. 141; 1848, ch. 294; 1845, ch. 70. |