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in which said court shall have been held, shall furnish to the CHAP. VAL clerk of said court, a description of the offence committed by every person convicted of crime, abridged from the indictment, as would be sufficient to maintain the averments relating to such offence, necessary to be made in an indictment for & second offence. Every district attorney who shall neglect or refuse to prepare and deliver to the said clerk such statement within the time above specified, shall forfeit the sum of twenty-five dollars for each case of neglect or refusal, to the use of the people of this state.
$ 2. Within twenty days after the adjournment of any Report to criminal court of record, the clerk thereof shall transmit of state. to the office of secretary of state, such statement thus furnished by the district attorney, of all convictions had at said court; and in case of his refusal or neglect to transmit the same as aforesaid, the said clerk shall be liable to the like penalty as prescribed in the foregoing section.
$ 3. Within twenty days after the adjournment of any criminal criminal court of record, the clerk thereof shall also transmit court to to the office of the secretary of state, a duly certified state secretary ment of the number of indictments tried at such court, specifying the number for each separate offence; the number on which convictions were had; the number on which defendants were acquitted; the number of indictments against persons who were convicted on confession; and also the number of indictments against persons who were discharged without trial. Whenever the clerk of any county shall transmit to the secretary of state, any transcripts of convictions had in courts of record, he shall also transmit to the said secretary, copies of all certificates of convictions made by any court of special sessions, and required by law to be filed with such elerk, which have thus been filed in the office of said county clerk, since the previous transmission of any transcripts by him.
$ 4. Within twenty days after the adjournment of any Report of criminal court of record, the sheriff of the county in which such court shall be held, shall report to the secretary of state, the name, occupation, age, sex, and native country of every person convicted at such court, of any offence, the degree of instruction which each person so convieted has received, and all sueh other items of information in relation to such convicts and their offences, as the secretary of state shall require; which reports shall be made in such form as the said secretary shall prescribe. And to enable such sheriffs to make the said returns, they shall be authorized, by themselves and their deputies, to make all necessary inquiries of the persons convicted, before or after trial, and of the keepers of prisons where such convicts may be confined, and of all other persons. For their services in the premises, as well for collecting statistics relating to convictions in courts of special sessions, such sheriffs shall be allowed a reasonable compensation by
Report of sheriff.
Report of clerk of general sessions.
the board of supervisors of their respective counties as a county charge.
$ 5. The respective sheriffs of the counties of Albany, Cayuga, Columbia, Dutchess, Erie, Kings, Monroe, New York, Oneida, Onondaga, Oswego, Rensselaer and Schenectady shall, on the first day of every month, transmit to the secretary of state a statement of the number of persons convicted in courts of special sessions, during the preceding month, in the respective cities of Albany, Auburn, Brooklyn, Buffalo, Hudson, New York, Oswego, Rochester, Poughkeepsie, Syracuse, Schenectady, Troy and Utica. Such statements shall specify the crimes, the whole number convicted, sex, age, nativity, married or single, degree of education, religious instruction, parents living or dead, whether before convicted or not of any crime, and whether temperate or intemperate. All courts in the city of New York having jurisdiction in cases where summary convictions are had, are hereby, for the purposes of this act, declared courts of special sessions, whether composed of one or more police magistrates.
$6. The clerk of the court of general sessions of the peace in the city and county of New York, shall, within three days after the first day of each month, transmit to the secretary of state, a transcript of the entry of every conviction had during the preceding month in the special sessions of the said city and county, which transcripts shall contain the name of the offender, a description of the offence in such form as the said secretary shall prescribe, and the sentence upon each conviction.
$ 7. Any justice or other judicial officer, before whom any person shall have been convicted of a criminal offence, other than in courts of record, shall furnish to the sheriffs of their respective counties all the information they can obtain, to enable such sheriffs to comply with the provisions of this act, and shall make such inquiries of the persons convicted before them, and of others, as the secretary of state shall direct.
S 8. Any sheriff, clerk or magistrate who shall neglect or refuse to conform to the provisions of this act, shall be liable to the penalty prescribed in the first section thereof.
S 9. The secretary of state shall cause this act to be published in pamphlet form, together with the instructions for its execution, and shall cause the same to be distributed among the officers herein mentioned, the expense of which shall be paid by the treasurer, on the warrant of the comptroller. The secretary shall annually report to the legislature the results of the information obtained in pursuance of this act.
$ 10. All acts and parts of acts inconsistent with the provisions of this act, are hereby repealed.
Duty of judgen, &c.
Penalty for omission.
Secretary to publish this act.
PASSED April 25, 1833. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
$ 1. The master or commander of any ship, boat or other Penalty. vessel arriving from a foreign country, who shall knowingly bring any person, either as a passenger or hand, into any port, city, harbor or place within this state, with intent to land or to permit to land such passenger or hand, which passenger or hand shall have been or shall be a foreign convict of any felony, which if committed in this state would be punishable therein, shall be considered for such offence guilty of a misdemeanor, and shall be punished by fine or imprisonment; but such fine shall not exceed three hundred dollars, nor shall the imprisonment exceed one year for each offence.
$ 2. The court before whom such conviction shall take May, be place may remit the punishment referred to in the first section of this act, if satisfied that the said commander or master has re-conveyed said convict or convicts to the place from whence he took them, on payment of the costs of prosecution.