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TITLE XL.

OF IMPRISONMENT FOR OFFENCES AND THE

GOVERNMENT AND

DISCIPLINE OF

PRISONS.

CHAPTER CCI. Of County Jails and the Regulation thereof.

CHAPTER CCII. Of the State Prison and the Government and Discipline theret
CHAPTER CCIII. Of the House of Correction for Juvenile Delinquents.

CHAPTER CCI.

OF COUNTY JAILS AND THE REGULATION THEREOF

SECTION

6129. How Jails shall be used, etc.; Proviso. 6130. How Jailor to execute sentence of solitary confinement.

6131. Intercourse with convicts.

6132. Charges for safe keeping, etc., how allowed and paid.

6133. Supervisors may provide by contract for supplies.

6134. Prisoners to be kept separate as far as practicable.

6135. Conversations by prisoners; How far permitted.

6136. Food for prisoners.

6137. Duty of Jailor in regard to prisoners sen

sented to hard labor.

€138. Employment of convicts upon highways. 6139. Convicts so employed to be chained, etc.

SECTION

6140. Prisoner sentenced to pay a fine, etc., to be discharged on earning amount. 6141. Provisions of Chapter One Hundred and Seventy-Three in regard to removal of prisoners, etc., to apply in criminal cases. 6142. Insane convicts may be delivered to Superintendents of Poor.

6143. Notice of order to be given by Clerk, etc 6144. Inspectors of jails. 6145. Powers of Inspectors.

6146. Inspectors, when to visit and inspect pris. ons, and report their condition. 6147. Report what to contain. 6148. Keepers to admit Inspectors, exhibit books, etc.

6149. Inspectors may examine officers on oath, and converse with prisoners

SECTION

6150. Keeper to present calendar to Court.
6151. When persons not indicted to be discharg-
ed by Court.

6152. When prisoner not to be removed on
Habeas Corpus, unless, etc.

6153. Refractory prisoners may be punished.
6154. Persons confined on Execution, etc., how
punished for offence in jails.

SECTION

6155. Construction of two preceding Sections. 6156. Escape of persons under sentence of confinement at hard labor; How punished. 6157. Breaking prison and escaping in other cases, how punished.

6158. Punishment for attempt to escape.

How Jails shall be used, etc.

Proviso.

How Jailor to execute sentence of

ment.

Chapter One Hundred and Seventy-One of Revised Statutes of 1846.

(6129.) SECTION 1. The common jails in the several counties, in the charge of the respective Sheriffs, shall be used as prisons:

1. For the detention of persons charged with offences, and duly committed for trial;

2. For the detention of persons who may be duly committed, to secure their attendance as witnesses on the trial of any criminal cause;

3. For the confinement of persons committed pursuant to a sentence upon conviction of an offence, and of all other persons duly committed for any cause authorized by law; and the provisions of this section shall extend to persons detained or committed by the authority of the Courts of the United States, as well as the Courts and magistrates of this State: Provided, That nothing in this section contained shall be construed to require any such Sheriff to receive or detain, in any such jail, any person claimed as a fugitive slave. (a)

(6130.) SEC. 2. When any convict shall be sentenced to solitary confine-solitary imprisonment and hard labor in any jail, the keeper thereof shall execute such sentence of solitary imprisonment, by confining the convict in one of the cells, if there be any in such jail, and if there be none, then in the most retired and solitary part of such jail.

Intercourse with
Convicts.

Charges for safe

(6131.) SEC. 3. No intercourse shall be allowed with any convict in solitary imprisonment, except for the conveyance of food, and other necessary purposes, unless some minister of the gospel shall be disposed to visit him, in the manner hereinafter provided.

(6132.) SEC. 4. All charges and expenses of safe-keeping how allowed and and maintaining convicts, and of persons charged with offen

keeping, etc

paid.

(a) As Amended by "An Act to Prohibit the Use of the Common Jails and other Public Buildings in the Several Counties, for the Detention of Persons Claimed as Fugitive Slaves." Approved February 13, 1855. Laws of 1855, p. 415.

ces, and committed for examination or trial, to the County jail, shall be paid from the County Treasury; the accounts therefor being first settled and allowed by the Board of Supervisors.

provide by con

1840, p.55, Sec. 2.

(6133.) SEC. 5. The Board of Supervisors may, in their Supervisors may discretion, provide by contract for all necessary supplies for tract for supplies. the use of the jail, including fuel and food, clothing, bedding, and medical attendance, for prisoners committed on criminal charges.

kept separate as

ble.

(6134.) SEC. 6. It shall be the duty of the keepers of the prisoners to be said prisons, to keep the prisoners committed to their charge, far as practicaas far as may be practicable, separate and apart from each other, and to prevent all conversation between the said prisoners.

prisoners, how

(6135.) SEC. 7. Prisoners detained for trial may converse Conversations by with their counsel, and with such other persons as the keeper, far permitted. in his discretion, may allow; prisoners under sentence shall not be permitted to hold any conversation with any person except the keepers or inspectors of the prison, unless in the presence of a keeper or inspector.

ers.

(6136.) SEC. 8. Prisoners detained for trial, and those under Food for prisonsentence, shall be provided with a sufficient quantity of" wholesome food, at the expense of the County; and prisoners detained for trial, may, at their own expense, and under the direction of the keeper, be supplied with any other proper

articles of food.

regard to prison

hard labor.

(6137.) SEC. 9. It shall be the duty of the keepers of the Duty of Jailor in said several prisons, whenever any person shall be sentenced er sentenced to to hard labor therein, and any mode of labor shall be provided, 1840, p. 45, Sec. 8. to cause such prisoner to be kept constantly employed during every day, except Sunday; and annually to account with the Board of Supervisors of the County for the proceeds of such labor.

CORVicts upon

(6138.) SEC. 10. The keepers of the said prisons shall Employment of respectively have power, with the consent of the Supervisors Highways. of the County, from time to time, to cause such of the convicts under their charge, as are capable of hard labor, to be employed upon any of the public avenues, streets, highways, or other works, in the County in which such prisoners shall be confined, or in any of the adjoining Counties, upon such terms as may be agreed upon between the said keepers and the officers or other persons under whose direction such convicts shall be placed.

Convicts so em. ployed to be chained, etc.

Prisoner sentenced to pay a

(6139.) SEC. 11. Whenever any convicts shall be employed under the last section, they shall be well chained and secured; and, shall be subject to such regulations as the keeper, legally charged with their custody, shall, from time to time, prescribe.

(6140.) SEC. 12. Whenever any prisoner, who shall be fine, etc., to be sentenced to pay a fine and costs, or either, and to be comearning amount. mitted until the same be paid, shall be employed at hard labor

discharged on

Certain provi

sions in regard to

oners, etc., to ap

cases.

pursuant to the foregoing provisions, he shall be allowed the sum of seventy-five cents for each day's labor, and when he shall have earned the amount of such fine and costs, he shall be discharged.

(6141.) SEC. 13. The provisions contained in chapter one removal of pris hundred and forty-eight, in regard to the designation of the ply in criminal jail of a contiguous county for the use of any county; to the removal of prisoners in such cases; and to the removal of prisoners when danger shall be apprehended from fire or contagious disease, shall extend to prisoners confined upon any criminal process, or for a contempt, or under sentence, in like manner as to prisoners confined in civil cases.

Chapter 173.

Insane convicts

may be delivered

ents of Poor.

(6142.) SEC. 14. Whenever it shall appear to the Circuit to Suderintend- Court for any county, that any convict confined in the jail thereof, has become insane, such Court may, by an order to be entered in its minutes, direct that such convict be delivered to the Superintendents of the Poor of the County.

Notice of order to be given by Clerk, etc.

Inspectors of
Jails.

Powers of Inspectors.

Inspectors when

to visit and in

(6143.) SEC. 15. The Clerk of the Court shall cause notice of every such order to be served upon such Superintendents, or one of them, who shall immediately take measures for the safe-keeping of such insane person, in the manner provided by law.

(6144.) SEC. 16. In each county of this State, the Judge of the County Court, together with the County Superintendents of the Poor, shall be inspectors of the jails therein respectively.

(6145.) SEC. 17. Such inspectors shall have power, from time to time, to visit and inspect the common jail and other county prisons, if there be any in their respective counties, and to examine and inquire into all matters connected with the government, discipline and police of such prisons.

(6146.) SEC. 18. It shall be the duty of such inspectors to spect prisons, visit and inspect the said prisons, in the month of May, and also in the month of November, in every year, and at the next Circuit Court which shall thereafter be held in their County,

and report their condition.

to present to such Court, on the first day of its sitting a detailed report of the condition of such prisons at the time of such inspection.

contain.

(6147.) SEC. 19. Such report shall state the number of per- Report, what to sons confined in such prisons for the six months immediately preceding such inspection, and for what causes respectively; the manner in which the convicts confined in such prison during that period have been employed; the number of prisoners usually confined in one room; the distinction, if any, usually observed in the treatment of persons detained in such prisons; the evils, if any, found to exist in such prisons; and particularly whether any of the provisions of this chapter have been violated or neglected, and the causes of such violation or neglect.

Inspectors, ex

(6148.) SEC. 20. It shall be the duty of the keepers of each Keepers to admit of said prisons to admit the said inspectors, or any of them, hibit books, etc. into every part of such prison; to exhibit to them on demand, all the books, papers, documents and accounts pertaining to the prison, or to the detention of the prisoners confined therein, and to render them every other facility in their power, to enable them to discharge the duties above prescribed.

examine officers

verse with pris

(6149.) SEC. 21. For the purpose of obtaining the necessary Inspectors may information to enable them to make such report as is above on cath, and con required, the said inspectors shall have power to examine, on oners. oath, to be administered by either of the said inspectors, any of the officers of the said prisons, and to converse with any of the prisoners confined therein, without the presence of the keepers thereof, or any of them.

(6150.) SEC. 22. It shall be the duty of the keeper of every Keeper to preCounty prison to present to every County Court to be held Court.

in his County, at the opening of such Court, a calendar, stating:

1. The name of every prisoner then detained in such prison;

2. The time when such prisoner was committed, and by virtue of what process or precept; and:

sent calendar to

dis- When persons

3. The cause of the detention of every such person. (b) (6151.) SEc. 23. Within twenty-four hours after the charge of any Grand Jury by any County Court, it shall the duty of such Court to cause every person confined in such

not indicted to be

be discharged by

Court.

(b) As Amended by Act 275, of 1850, p. 323. Before this Amendment, the Sheriff's Cal Jar or Report was to be made to the Circuit Court.

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