And also, from Time to d ime, to make such Provision, for the safe Custody, and comfortable Subsistence of all Persons, who may from Time to Time be so confined as aforesaid, in such Manner as they may think proper. " Provided always, That by Reason or Colour of any 1 hing herein contained, the said Commissioners, or any of them, shall not be empowered to inflict any corporal Punishment, upon any or either of the said Persons confined as aforesaid." It was moreover provided " That no Judge or Magistrate,

shall bail any of the Persons, who may be confined by

Authority of the said Commissioners; and that no Court shall deliver any of the Gaols, within this State, of any Person or Persons, so confined as aforesaid, unless such Persons, shall have been indicted, and tried for the Offence or Offences, for which he or she, shall have been respectively committed." Before entering upon his duties, each commissioner was obliged to take the prescribed oath of office to " faithfully execute and perform, for the Benefit and Advantage of the People of the State of New- York, all and singular the Powers and Authorities, by Force and Virtue of the said Act " given to him. They were authorized to draw upon the public treasury for sums of money, from time to time, not to exceed in the whole the sum of five thousand pounds, and were ordered to render a just and true account of their expenditures, and to keep regular minutes of all their proceedings,