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in the manner above set forth as the case may be, and shall take office on the first day of February, nineteen hundred and six, and shall serve until the first day of February following, and thereafter the above mentioned members of the board of parole shall be annually appointed or elected as the case may be in the month of January in each year, and serve until the first day of February of the following year or until their successors are appointed or elected. The person who at any time is the commissioner of correction of the city of New York shall by virtue of his office be a member of said board of parole. The board of parole of said reformatory shall have the power to parole and discharge any inmate of such institution and shall make rules not inconsistent with law:

1. Prescribing the conditions under which the inmates may be discharged, paroled or conditionally released ;

2. Regulating the retaking and reimprisonment of such inmates.

Such rules shall be adopted by the resolution of the board of parole passed at a meeting thereof, at which a majority of its members shall be present. All rules adopted and enforced shall be printed and a copy thereof distributed to each officer, employee and inmate of said reformatory. The board of parole of such reformatory shall adopt a uniform system by means of which shall be determined the conduct and merit of each inmate sentenced to such reformatory, as the condition of increased privileges, or of release from their control, which system shall be subject to revision from time to time. Each inmate shall be credited for good personal demeanor, diligence in labor and study, development of character, and for the results accomplished and be charged for dereliction, negligence and offenses. Each inmate's standing in merit and conduct shall be made known to him as often as once in each month. The board of parole shall make rules by which each inmate shall be permitted to see and converse with some member of the board of parole at stated periods. When it appears to the board of parole that there is a strong or reasonable probability that any inmate will remain at liberty without violating the law, and that his release is not incompatible with the welfare of society, they shall issue to such inmate an absolute release or discharge from imprisonment. Nothing herein contained shall be construed to impair the power of the governor to grant a pardon or commutation in any case. If through oversight or otherwise a person be sentenced to imprisonment in the reformatory for a definite period of time, such sentence shall not, for that reason be void, but the person so sentenced shall be entitled to the benefits and subject to the liabilities of this act, in the same manner and to the same extent as if such sentence had been made for an indefinite period of time in the manner provided by the penal code. If it shall appear to the board of parole that any prisoner confined in the New York City Reformatory for Misdemeanants.

1. Was at the time of his conviction less than sixteen years of age or more than thirty, or;

2. Has been previously convicted of a crime; or

3. While in the reformatory is incorrigible and that his presence therein is seriously detrimental to the institution; an application may be made to a justice of the supreme court of the judicial district in which such reformatory is located for an order directing that said prisoner, if under the age of sixteen years, shall be transferred to the house of refuge under the care of the society for the reformation of juvenile delinquents; or if sixteen years or over transferring said prisoner to the New York city penitentiary. Such application shall be by written petition signed by the president, chairman or secretary of the board and shall state the causes for seeking such transfer and due notice of such application with a copy of the petition shall be served personally or by mail at least two days before the hearing on the district attorney of the county from which said prisoner was originally committed to said reformatory, and to said prisoner. Such justice may grant such order of transfer on such hearing as he may prescribe, if it appear to his satisfaction that the facts alleged are true and that such transfer should be made, or may make such further order as shall in his judgment appear warranted by the said circumstances; and a prisoner so transferred shall be confined in such institution or prison as under an indeterminate sentence, commencing with his imprisonment in the reformatory with a minimum of six months and a maximum fixed by law for the crime of which the prisoner was convicted and sentenced; and may be released on parole or absolutely discharged as other prisoners confined under an indeterminate sentence.

The board of parole may appoint and at pleasure remove suitable persons in any part of the state who shall supervise paroled inmates and perform such other lawful duties as may be required of them by such board and such persons are hereby declared to be peace officers within the provisions of section one hundred and fifty-four of the code of criminal procedure. Such persons shall be subject to the direction of the board. They may be paid a reasonable compensation for their services and expenses, to be fixed in a manner provided by law, which said sum or sums shall be a charge upon and paid from the funds of or to the credit of the said reformatory. The comptroller of the city of New York shall from time to time, when authorized by the board of estimate and apportionment, and without the concurrence or approval of any other board or public body, prepare and issue corporate stock of the city of New York for the

purpose providing for and paying out such sums of money as may be necessary to establish and maintain the said reformatory in accordance with the provisions of this act. Nothing in this act contained shall be deemed in any manner to change or impair any of the provisions of the penal law or of the code of criminal procedure, the intent of this act being to confide to the discretion of the magistrates and courts of or in the city of New York, after the first day of January, nineteen hundred and five, the right to commit male persons between the ages of sixteen and thirty, as herein before set forth, to the said reformatory. The board of estimate and apportionment of the city of New York may annually appropriate such money as it deems proper to carry out the purposes of this section,




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ö1. Powers of trustees.

Section 62. Sale of liquor at home.

63. Disposition of proceeds of sale.
64. Admission to home.
65. Transfer of inmates to state hospital.
66. Annual report.

§ 60. Trustees. The property heretofore conveyed to the state by the corporation known as the Grand Army of the Republic soldiers' home of New York, and all property heretofore or hereafter acquired by the State for the same purpose, shall continue to be known as the New York state soldiers and sailors' home, and shall continue to be under the management and control of a board of trustees consisting of twelve members, of which the governor, attorney-general and the commander of the department of New York, Grand Army of the Republic, shall be ex officio members; and the remaining nine members shall be reputable citizens of the state appointed by the governor, by and with the advice and consent of the senate, and each shall hold office for three years. No trustee shall receive any compensation for his services as such trustee or otherwise, except the trustee elected to act as secretary who may receive a reasonable annual compensation for his services, to be fixed by the board, with the approval of the comptroller, not exceeding the sum of two hundred and fifty dollars. The board shall annually elect by ballot a president, secretary, treasurer and executive committee, but the offices of secretary and treasurer may be held by one trustee or separately as the board may determine. The board shall be known as the board of trustees of the New York state soldiers and sailors' home.

§ 61. Powers of trustees.— The board of trustees shall have possession of all property belonging to or constituting such home and may complete the buildings therein already commenced or hereafter to be erected, and keep them in readiness for occupation, with any funds appropriated therefor or that may come into their hands for such purpose, and may pay any existing indebtedness of such corporation which shall be or might become a lien upon such property or any part thereof. The board may make contracts in its name, subject to the approval of the comptroller, for work and materials for the completion of the buildings on such property, the furnishing thereof and of supplies for use and consumption therein, but shall spend no money and incur no indebtedness for such purpose beyond the appropriation previously made therefor by the legislature. It may adopt rules and regulations, subject to like approval, specifying the duties of the officers of the home, the government of its inmates, fixing the terms and conditions of admission thereto and the cause and manner of expulsion therefrom. The board may require and take in its name any security by way of bond or otherwise from any person appointed or elected by it, for the faithful performance of his duties, and for truly accounting for all moneys or property received by him, for or on account of the board of trustees or in the performance of such duties. And the said board shall have power to organize and maintain a band, the same to be paid for out of the maintenance funds of the home, not exceeding six thousand dollars per annum.

§ 62. Sale of liquor at home. - The board of trustees, upon complying with the provisions of the liquor tax law, are hereby authorized to sell ale and beer to the members of said home, upon the premises of said home, under such rules and regulations as said trustees shall prescribe, and the provisions of clause one, section twenty-three and clause six of section twenty-nine of said liquor tax law, shall not apply to the New York state soldiers and sailors' home.

§ 63. Disposition of proceeds of sale.— The board of trustees shall expend the net proceeds of such sales for the support of the library and reading room of said home and for such other purposes as they shall deem best for the comfort and amusement of the inmates of said home.

$ 64. Admission to home.— Every honorably discharged soldier or sailor who served in the army or navy of the United States during the late rebellion, who enlisted from the state of New York, or who shall have been a resident of this state for one year preceding his application for admission, and who shall need the aid or benefit of such home in consequence of physical disability or other cause within the scope of the regulations of the board, shall be entitled to admission thereto, subject to the conditions, limitations and penalties prescribed by the rules and regulations of the board.

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