grounds of all such institutions, and protect and preserve the health of the inmates. 6. Collect statistical information in respect to the property, receipts and expenditures of said institutions and of any department of the state or any subdivision thereof in charge of the same, and the number and condition of the inmates thereof. 7.2 Ascertain and recommend such system of employing inmates of other than state prisons as may, in the opinion of said commission, be for the best interest of the public and of said inmates and not in conflict with the provisions of the constitution or laws of the state relating to the employment of prisoners. 8. Close any county jail, city jail or police station, town or village jail or lockup which is unsanitary or inadequate to provide for the separation and classification of prisoners required by law. The powers and duties of the commission under this subdivision shall be exercised in the following manner: The commission shall cause a citation to be mailed to the sheriff and clerk of the board of supervisors, in the case of a county jail; to the mayor and the city clerk, in the case of a city jail or police station; to the supervisor and town clerk, in the case of a town jail or lockup; and to the president and village clerk, in the case of a village jail or lockup, at least twenty days before the return day thereof, directing the authorities of the county, city, town or village designated to appear before such commission at the time and place set forth in the citation, and show cause why such county jail, city jail or police station, or town jail or lockup, or village jail or lockup, shall not be closed. After a hearing thereon or upon the failure to appear, such commission is empowered to order the county jail, city jail or police station, town jail or lockup, village jail or lockup designated in the citation closed within ninety days, during which time the county, city, town or village may review such order by writ of certiorari, in the supreme court. Ninety days after the order to close has been served by registered letter upon the sheriff and clerk of the board of supervisors in case of a county jail, mayor and city clerk, in case of a city jail or police station, upon the supervisor and town clerk, in case of a town jail or lockup, and upon the village president and clerk, in case of a village jail or lockup, if no court review has been taken, and ninety days after the order of such commission has been confirmed by the court, in case of court review, the county jail, city jail or police station, town jail or lockup and village jail or lockup designated in the order shall be closed, and it shall be unlawful to confine or detain any person therein and any officer confining or detaining any person therein shall be guilty of a misdemeanor. § 2. This act shall take effect immediately. 2 Subds. 2, 3, 7 new, but are generally re-enactments of these subdivisions as repealed by L. 1924, ch. 601. 計 L. 1909, amended. L. 1909, ch. 47, § 355 CHAPTER 455 AN ACT to amend the prison law, relating to instruction in state prisons. Became a law April 8, 1925, with the approval of the Governor. three-fifths being present. Passed, The People of the State of New York, represented in Senate and Assembly. do enact as follows: Section 1. Section one hundred and fifty of chapter forty-seven of the laws of nineteen hundred and nine, entitled "An act relating to prisons, constituting chapter forty-three of the consolidated laws," as amended by chapter six hundred and one of the laws of nineteen hundred and twenty-four is hereby amended to read as follows: § 150. Prison instruction. Instruction may be given to such prisoners as in the judgment of the agent and warden may require the same and be benefited thereby. The time devoted to such instruction shall not be less than an average of one hour and a half daily. The commissioner of education in cooperation with the superintendent of state prisons and the wardens shall formulate courses of study and the syllabuses thereof, visit classes, and supervise the instruction provided for in this section. No person not now employed as a teacher in a state prison shall be so engaged unless he shall have received a valid certificate issued by the commissioner of education in conformity with general rules governing admission to and continuance in teaching in the public elementary schools of the state. This provision shall not apply to inmate teachers. § 2. This act shall take effect immediately. CHAPTER 456 AN ACT to amend the prison law, in relation to removal of sick prisoners from jail. Became a law April 8, 1925, with the approval of the Governor. three-fifths being present. Passed, The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section three hundred and fifty-five of chapter fortyseven of the laws of nineteen hundred and nine, entitled An act amended. relating to prisons, constituting chapter forty-three of the consolidated laws," is hereby amended to read as follows: i § 355. Removal of sick prisoners from jail. If the physician to a jail, or, in case of a vacancy, a physician acting as such, and the warden or jailer, certify in writing, that a prisoner confined in the jail, either1 in a civil cause or upon a criminal charge,2 is in such a 1 Remainder of section new. 1 Word "either new. 2 Words " or upon a criminal charge," new. state of bodily health that he requires immediate medical or surgical treatment and that in their opinion he should be3 removed to a hospital for treatment, the county judge, or, in the city and county of New York, one of the justices of the supreme court, must, upon application, make an order, directing the removal of the prisoner to a hospital within the county designated by the judge; or, if there is none, to such nearest hospital as the judge directs; that the prisoner be kept in the custody of the chief officer of the hospital until he has sufficiently recovered from his illness, to be safely returned to the jail; that the chief officer of the hospital then notify the warden or jailer, and that the latter thereupon resume custody of the prisoner. § 2. This act shall take effect immediately. CHAPTER 457 AN ACT to amend the prison law, in relation to disposal of material for highways, streets and roads, prepared by convict labor. Became a law April 8, 1925, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: § 182 Section 1. Section one hundred and eighty-two of chapter forty- L. 1909. seven of the laws of nineteen hundred and nine, entitled "An act ch.47, relating to prisons, constituting chapter forty-three of the con- amended. solidated laws, as last amended by chapter six hundred and one of the laws of nineteen hundred and twenty-four,1 is hereby amended to read as follows: § 182. Articles manufactured to be furnished to the state or division thereof. The superintendent of state prisons, and the superintendents of reformatories and penitentiaries, respectively, are authorized and directed to cause to be manufactured or prepared by the convicts in the prisons, reformatories and penitentiaries, such articles as are needed and used therein, and also, such as are required by the state or political divisions thereof, and in the buildings, offices and public institutions owned or managed and controlled by the state, including articles and materials to be used in the erection of the buildings, and including material for the construction, improvement or repair of highways, streets and roads. All such articles manufactured or prepared in the state prisons, reformatories and penitentiaries, or by the convicts, and not required for use therein, shall be of the styles, patterns, designs and qualities fixed by the prison industries board, except 3 Words "he requires immediate medical or surgical treatment and that in their opinion he should be," substituted for words "his life will be endangered unless he is." 1 Previously amended by L. 1916, ch. 533. 2 Words "or prepared new. 3 Remainder of sentence new. 4 Words "or by the convicts," new. 1 where the same have been fixed by the bureau of standards in CHAPTER 458 AN ACT to amend the religious corporations law, in relation to the sale, mortgage and lease of real property of religious corporations. Became a law April 8, 1925, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section twelve of chapter fifty-one of the laws of nineteen hundred and nine, entitled "An act in relation to religious corporations, constituting chapter fifty-one of the consolidated laws," as last amended by chapter two hundred and sixty-six of the laws of nineteen hundred and twenty-one,1 is hereby amended to read as follows: § 12. Sale, mortgage and lease of real property of religious corporations. A religious corporation shall not sell or mortgage any of its real property without applying for and obtaining leave of the court therefor pursuant to the provisions of article four of the general corporation law. The trustees of an incorporated Protestant Episcopal church shall not vote upon any resolution or proposition for the sale, mortgage or lease of its real property, unless the rector of such church, if it then has a rector, shall be present, and shall not make application to the court for leave to sell or mortgage any of its real property without the consent of the bishop and standing committee of the diocese to which such church belongs, or execute and deliver a lease of any of its real property for a term exceeding five years without similar consent of the bishop and standing committee of the diocese to which 5 Words or prepared new. 66 دو 1 Previously amended by L. 1912, ch. 290; L. 1913, ch. 128; L. 1917, ch. 353; L. 1918, ch. 458. such church belongs; but in case the see be vacant, or the bishop be absent or unable to act, the consent of the standing committee with their certificate of the vacancy of the see or of the absence or disability of the bishop shall suffice. The trustees of an incorporated Roman Catholic church shall not make application to the court for leave to mortgage, lease or sell any of its real property without the consent of the archbishop or bishop of the diocese to which such church belongs or in case of their absence or inability to act, without the consent of the vicar-general or administrator of such diocese. The trustees of an incorporated Ruthenian Catholic church of the Greek rite shall not make application to the court for leave to mortgage, lease or sell any of its real property without the consent in writing of the Ruthenian Greek Catholic bishop of the diocese to which such church belongs, or, in case of his absence or inability to act, without the consent of the vicar-general of such bishop or of the administrator of such diocese. The trustees of an incorporated African Methodist Episcopal Zion church shall not make application to the court for leave to mortgage, lease or sell any of its real property without the consent of the bishop of the diocese to which said church belongs, or in case of his absence or inability to act, without the consent of the annual conference having jurisdiction over said church. The petition of the trustees of an incorporated Protestant Episcopal church or Roman Catholic church shall, in addition to the matters required by article four of the general corporation law to be set forth therein, set forth that this section has also been complied with. The petition of the trustees of an incorporated African Methodist Episcopal Zion church shall in addition to the matters required by article four of the general corporation law to be set forth therein, set forth that this section has also been complied with. But lots, plats or burial permits in a cemetery owned by a religious corporation may be sold, also all or part of such cemetery may be conveyed to a cemetery corporation, without applying for or obtaining leave of the court. No cemetery lands of a religious corporation shall be mortgaged while used for cemetery purposes. Except as otherwise provided in this chapter in respect to a religious corporation of a specified denomination, any solvent religious corporation may, by order of the supreme court, obtained as above provided in proceedings to sell, mortgage or lease real property, convey the whole or any part of its real property to another religious corporation, for a consideration of one dollar or other nominal consideration, and for the purpose of applying the provisions of article four of the general corporation law, a proposed conveyance for such consideration shall be treated as a sale, but it shall not be necessary to show, in the petition or otherwise, nor for the court to find that the pecuniary or proprietary interest of the grantor corporation will be promoted thereby; and the interests of such grantor shall be deemed to be promoted if it appears that religious or charitable objects gen2 Words " or execute and deliver a lease of any of its real property for a term exceeding five years without similar consent of the bishop and standing committee of the diocese to which such church belongs," new. |