State Codes and Statutes

Statutes > New-york > Cor > Article-7 > 196

§  196.  Violations  of  institutional labor regulations. Any contract  made by the commissioner of correction or warden of any  prison,  or  by  any   officer   or  any  other  authority  whatsoever,  of  any  prison,  reformatory, penitentiary or  other  correctional  institution  of  this  state,  in violation of, or contrary to, the provisions of this article,  shall be null and void. It shall be the duty  of  any  such  officer  or  authorities  to furnish to the attorney-general, upon demand therefor, a  true copy, if in writing, and if not, in substance, of any contract made  by such officer or authorities, relating in any way  to  the  system  of  labor adopted, or to the employment of prisoners in any of said prisons,  reformatories,   penitentiaries   or  other  correctional  institutions.  Whenever the attorney-general shall be satisfied that any contract  made  as aforesaid is contrary to or in violation of this article, or that any  of  the  officers  or  authorities  aforesaid  have  entered into or are  engaged in any contract or arrangement for the labor  of  prisoners,  or  relating  to the system adopted or continued in said institutions, which  contract or arrangement is  contrary  to  or  in  violation  of  law  as  aforesaid,  if  he  shall  be of the opinion that the facts require such  action, he is hereby authorized to bring an action in the supreme  court  in  the name of the people of the state of New York, in any county which  he may select, for the purpose of testing the validity of  any  contract  or arrangement made by any of the officers herein named, relating in any  way  to  the  system of labor adopted, or the employment of prisoners in  any of said prisons, reformatories, penitentiaries or other correctional  institutions, or to determine the validity of any act or thing  done  by  any  officer  herein  mentioned,  which act or thing shall be alleged to  have been in violation of this article.  Any  party  to  such  contract,  agreement   or   arrangement   as   aforesaid,   or  interested  in  the  determination of such action, shall be made defendant, and  pending  the  trial  or  hearing  of  the  facts  alleged,  or  of  any  issue made as  aforesaid, the court shall, upon notice  of  the  attorney-general,  and  upon  a  petition  duly  verified  showing the making of any contract or  arrangement in violation of the provisions of this article, or the doing  of any act or thing by any of the parties  defendant,  in  violation  of  this  article,  grant an injunction order, restraining the parties named  in said order from the further prosecution of  the  business  complained  of,  or  from  the  further  performance  of the contract or arrangement  claimed to have been entered into as  aforesaid,  and  to  restrain  and  enjoin  such  officer from the further continuance of any act alleged to  be in violation of this article. And any disobedience of such injunction  order shall be  punishable  as  provided  by  article  nineteen  of  the  judiciary  law.  And  upon  any  trial  had,  judgment  shall follow the  findings of fact made by the court or jury, as in other cases, and  with  costs, in the discretion of the court.

State Codes and Statutes

Statutes > New-york > Cor > Article-7 > 196

§  196.  Violations  of  institutional labor regulations. Any contract  made by the commissioner of correction or warden of any  prison,  or  by  any   officer   or  any  other  authority  whatsoever,  of  any  prison,  reformatory, penitentiary or  other  correctional  institution  of  this  state,  in violation of, or contrary to, the provisions of this article,  shall be null and void. It shall be the duty  of  any  such  officer  or  authorities  to furnish to the attorney-general, upon demand therefor, a  true copy, if in writing, and if not, in substance, of any contract made  by such officer or authorities, relating in any way  to  the  system  of  labor adopted, or to the employment of prisoners in any of said prisons,  reformatories,   penitentiaries   or  other  correctional  institutions.  Whenever the attorney-general shall be satisfied that any contract  made  as aforesaid is contrary to or in violation of this article, or that any  of  the  officers  or  authorities  aforesaid  have  entered into or are  engaged in any contract or arrangement for the labor  of  prisoners,  or  relating  to the system adopted or continued in said institutions, which  contract or arrangement is  contrary  to  or  in  violation  of  law  as  aforesaid,  if  he  shall  be of the opinion that the facts require such  action, he is hereby authorized to bring an action in the supreme  court  in  the name of the people of the state of New York, in any county which  he may select, for the purpose of testing the validity of  any  contract  or arrangement made by any of the officers herein named, relating in any  way  to  the  system of labor adopted, or the employment of prisoners in  any of said prisons, reformatories, penitentiaries or other correctional  institutions, or to determine the validity of any act or thing  done  by  any  officer  herein  mentioned,  which act or thing shall be alleged to  have been in violation of this article.  Any  party  to  such  contract,  agreement   or   arrangement   as   aforesaid,   or  interested  in  the  determination of such action, shall be made defendant, and  pending  the  trial  or  hearing  of  the  facts  alleged,  or  of  any  issue made as  aforesaid, the court shall, upon notice  of  the  attorney-general,  and  upon  a  petition  duly  verified  showing the making of any contract or  arrangement in violation of the provisions of this article, or the doing  of any act or thing by any of the parties  defendant,  in  violation  of  this  article,  grant an injunction order, restraining the parties named  in said order from the further prosecution of  the  business  complained  of,  or  from  the  further  performance  of the contract or arrangement  claimed to have been entered into as  aforesaid,  and  to  restrain  and  enjoin  such  officer from the further continuance of any act alleged to  be in violation of this article. And any disobedience of such injunction  order shall be  punishable  as  provided  by  article  nineteen  of  the  judiciary  law.  And  upon  any  trial  had,  judgment  shall follow the  findings of fact made by the court or jury, as in other cases, and  with  costs, in the discretion of the court.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cor > Article-7 > 196

§  196.  Violations  of  institutional labor regulations. Any contract  made by the commissioner of correction or warden of any  prison,  or  by  any   officer   or  any  other  authority  whatsoever,  of  any  prison,  reformatory, penitentiary or  other  correctional  institution  of  this  state,  in violation of, or contrary to, the provisions of this article,  shall be null and void. It shall be the duty  of  any  such  officer  or  authorities  to furnish to the attorney-general, upon demand therefor, a  true copy, if in writing, and if not, in substance, of any contract made  by such officer or authorities, relating in any way  to  the  system  of  labor adopted, or to the employment of prisoners in any of said prisons,  reformatories,   penitentiaries   or  other  correctional  institutions.  Whenever the attorney-general shall be satisfied that any contract  made  as aforesaid is contrary to or in violation of this article, or that any  of  the  officers  or  authorities  aforesaid  have  entered into or are  engaged in any contract or arrangement for the labor  of  prisoners,  or  relating  to the system adopted or continued in said institutions, which  contract or arrangement is  contrary  to  or  in  violation  of  law  as  aforesaid,  if  he  shall  be of the opinion that the facts require such  action, he is hereby authorized to bring an action in the supreme  court  in  the name of the people of the state of New York, in any county which  he may select, for the purpose of testing the validity of  any  contract  or arrangement made by any of the officers herein named, relating in any  way  to  the  system of labor adopted, or the employment of prisoners in  any of said prisons, reformatories, penitentiaries or other correctional  institutions, or to determine the validity of any act or thing  done  by  any  officer  herein  mentioned,  which act or thing shall be alleged to  have been in violation of this article.  Any  party  to  such  contract,  agreement   or   arrangement   as   aforesaid,   or  interested  in  the  determination of such action, shall be made defendant, and  pending  the  trial  or  hearing  of  the  facts  alleged,  or  of  any  issue made as  aforesaid, the court shall, upon notice  of  the  attorney-general,  and  upon  a  petition  duly  verified  showing the making of any contract or  arrangement in violation of the provisions of this article, or the doing  of any act or thing by any of the parties  defendant,  in  violation  of  this  article,  grant an injunction order, restraining the parties named  in said order from the further prosecution of  the  business  complained  of,  or  from  the  further  performance  of the contract or arrangement  claimed to have been entered into as  aforesaid,  and  to  restrain  and  enjoin  such  officer from the further continuance of any act alleged to  be in violation of this article. And any disobedience of such injunction  order shall be  punishable  as  provided  by  article  nineteen  of  the  judiciary  law.  And  upon  any  trial  had,  judgment  shall follow the  findings of fact made by the court or jury, as in other cases, and  with  costs, in the discretion of the court.