Sections repealed.

SEC. 24. The second, third, eighteenth, twentieth, twentyfirst, twenty-second, twenty-third, twenty-fourth, twentyfifth and twenty-sixth sections of the act to which this is an amendment are hereby repealed.

N. H. VAN VORHES, Speaker of the House of Representatives. THOMAS H. FORD,

President of the Senate.

April 8, 1856.

Directors of penitentiary, appointment and term of office.

AN ACT

Providing for the appointment of officers of the Ohio Penitentiary, fixing their compensations, prescribing their duties, and determining the manner of working convicts.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That there shall be appointed by the Governor, by and with the advice and consent of the Senate, five directors of the Ohio Penitentiary-two of whom only shall reside in the city of Columbus, and one other of whom shall reside within fifty miles of the city of Columbus, and one of whom all hold his office for the term of two years, two for the term of four years, and two for the term of six years, and until their successors are chosen and qualified; but no person shall be eligible to the office of director who is a contractor in the penitentiary, or who is interested, either directly or indirectly, in any branch of business carried on in said institution; and should any director become so interested during his term of office, it shall be good cause for his removal; and upon information given of such fact, or for other cause which in the opinion of the governor is sufficient, the governor is hereby authorized and required to remove such director; which removal and the reasons therefor, he shall cause to be entered upon the journals of the penitentiary, and shall report the same to the next session of the General Assembly. The said directors first appointed shall hold their office according to the rotation in which their names are presented to the Senate. The first named for two years, the two next for four years, and the two others for six years-and all subsequent appointments shall be for the term of six years-each of whom before entering upon the duties of his office, shall take and subscribe an oath or affirmation, to support the constitution of the United States

and of the State of Ohio, and to faithfully and diligently discharge the duties of such director. In case of a vacancy by death, resignation or otherwise, the same shall be filled by the governor until the next meeting of the General Assembly. Said directors to receive three dollars per diem for the time actually employed in the discharge of their duties, and actual traveling expenses, to be paid out of the treasury of the state on the certificate of the warden that said services have been performed.

SEC. 2. At the first meeting of the board of directors un- President. der this act, they shall choose one of their number as president of the board, who shall hold his office for two years, and after the expiration of the term for which he was so elected, the board of directors shall again elect one of their number as president, and biennially thereafter. The three directors who reside in or near the city of Columbus, shall constitute a board of inspectors whose especial duty it shall be Board of into visit the institution, together, every two weeks; when spectors. they shall examine the workshops, cells, rooms and the books, and vouchers of the warden. and enter the result of their investigations in a book called a journal, to be provided for that purpose. It shan also be the duty of the inspectors to hear and examine into any complaints of any of the prisoners and to give the warden such counsel and instruction as they may deem proper. It shall also be the duty of the inspectors, or any number of them, to repair to the prison in any emergency when called upon by the warden, and to render him such aid and support as they may think needful. It shall be the duty of all the directors to meet at the office of the penitentiary once in three months, to make a quarterly settlement of the accounts of the warden, and inspect Settlement of the various departments and shops of the institution and accounts. record the result of their investigations in the journal, signed by each member present if all shall be agreed. If otherwise, the opinions of the dissenting members shall go on record.

Oath and

SEC. 3. The directors shall appoint a warden, who shall Warden. hold his office for the term of two years unless sooner removed by the directors; but in case of removal the reasons therefor shall be entered on the journal of the institution. The warden shall take an oath or affirmation faithfully to discharge the duties of his office, and give bond to the State bond. of Ohio in the sum of ten thousand dollars, with at least two good and sufficient freehold sureties to be approved by the directors; conditioned for the faithful performance of the duties which are hereby or which may, from time to time, by law, be required of him, which said bonds shall be deposited with the treasurer of state. The warden, by and with the advice and consent of the directors, shall have power to appoint a deputy warden, clerk, and such number of assis- Assistants.

Physician.

Salaries of officers.

No perqui sites allowed.

Penalty for receiving reward from contractors.

tant keepers as the directors may deem necessary; all of whom shall be men of good moral character, and shall take an oath or affirmation faithfully to discharge their duties and give bonds to the State of Ohio: the clerk and deputy warden in the sum of three thousand dollars each, and the assistant keepers in the sum of five hundred dollars each, with security to be approved by the directors, which bonds shall be deposited with the treasurer of state. The securities to be given by the warden, the deputy warden and clerk, shall be persons other than contractors, or in any manner interested in the business carried on in the prison. All the above officers shall be subject to such by-laws and rules as may be prescribed by the directors for the government of the prison. The directors shall also appoint a physician who shall reside near the penitentiary, and whose duty it shall be to attend to all cases of sickness among the convicts, visit the prison at least once each day, and have a general sanitary oversight of the prison; and shall communicate to the directors at each general meeting on the general character of the health of the prisoners during the preceding three months, with such suggestions in regard thereto as he may deem necessary-which communications shall be entered on the journal. The physician shall receive for his services a sum not exceeding seven hundred dollars per annum.

SEC. 4. The warden shall receive an annual compensation for his services not exceeding twelve hundred dollars to be fixed by the board of directors. The clerk shall receive an annual compensation for his services not exceeding eight hundred dollars. The deputy warden shall receive an annual compensation for his services not exceeding seven hundred dollars. And each assistant keeper employed shall receive a compensation not exceeding forty dollars per month, except those assistant keepers who have the immediate charge of the prisoners in the workshops and kitchen; also the night watch, who may receive forty-five dollars per month to be determined by the directors. That no person so employed shall be entitled to or shall be permitted to receive any perquisites in the shape of board or provisions, carriage or horses, or care or maintenance of the same, either for themselves or families-or shall be permitted to receive any compensation or reward of any description from contractors. And if any person so employed shall receive any compensation or reward of any description, from any contractor, to promote the interest or advantage of such contractor; or shall make use of any property of any description belonging to the penitentiary, for their own private purposes unless the same shall have first been paid for or charged on the regular books in the office of the institution at a price agreed on with the warden and directors, such person shall be deemed guilty of a misdemeanor, and upon con

viction thereof, shall be fined in any sum not exceeding five hundred dollars, and be imprisoned in the county jail not exceeding sixty days, and shall be discharged from his office. And if any officer procure the escape of any convict, or con- Assisting to nive at, or aid or assist in the escape of any convict from the escape. penitentiary, whether such convict escape or not, he shall, upon conviction thereof, be sentenced to hard labor in the penitentiary for any term not less than one nor more than three years.

SEC. 5. It shall be the duty of the directors to appoint a Chaplain. chaplain of the Ohio Penitentiary, who shall hold his office during the pleasure of the directors, who shall receive an annual salary of eight hundred dollars, to be paid quarterly out of the visitors' fund on the order of the directors. The chaplain shall be a regularly ordained minister of the Gospel, in good standing in some one of the denominations of this state, who shall be competent to teach the rudiments of an English education, and who shall reside near the penitentiary, and devote his whole time and ability to the interest of the convicts confined therein; and shall, in addition to his clerical services, teach such of the convicts as the warden may send to him for that purpose, the art of reading, writing, arithmetic and geography, at such hours as may be found most conducive to the interests of the institution; and if it shall be found necessary for the purposes of instruction of prisoners, the chaplain may, with the consent of the directors, appoint an assistant, who shall be paid not more than three hundred dollars per annum out of the visitors' fund, on the order of the directors.

SEC. 6. It shall be the duty of the warden and directors to Tasks of conmake such arrangements with the contractors who now have victs. contracts for convict labor, and so to make all future contracts as will permit the convicts to have a certain amount of labor allotted them each day for a day's work, and the time so gained, after the performance of the task, may be occupied in attending the prison school or in labor for the contractor at the same rate the contractor pays the state for the same work; and if any convict, who shall have so made overwork, shall for any cause be unable to make full Overwork. work on any other day or days, no deduction shall be made from his overwork earnings on that account. The money so earned shall be collected by the warden for the convict the same as money due the institution from the contractors Warden to ac(with the exception of the allowance of any credit,) and the count for warden shall permit the convict to send the amount so earned money rec'd. to his family or near relatives, or retain it in the office of the institution for the use of the convict when his term expires; and in case the warden is dismissed, or dies, or resigns before the expiration of the sentence of the convict who may

9-LAWS.

for overwork

Classification of convicts.

Instruction.

Warden's duties.

Statement of contracts.

have funds in his hands, he shall account for the amount the same as the other funds of the institution in his possession. And an accurate and detailed account of all such moneys received, from whom, the time when, the amount received, and to whom payable, shall be kept by the said warden in a book provided for that purpose, and shall also enter and sign the same monthly in a pass-book which the prisoner may keep for that purpose.

SEC. 7. The warden is hereby authorized and required, so far as practicable with existing contracts (and all contracts hereafter made shall so provide,) to classify the convicts according to their age, disposition, and moral character; placing all young men under the age of twenty-one years (unless the character and conduct of some forbid it,) in a shop by themselves, and give them such work carried on in the prison, as a knowledge of which shall be most beneficial to them when discharged. And it shall be the duty of the warden to send to the school room for instruction during three of the working hours of each day, at such time as he may think best calculated to promote the interests of the institution, and at such additional time, other than working hours, as he may see fit, every such convict under the age of twenty-one years, as does not possess a good knowledge of reading, writing, and arithmetic, at which time the chaplain or his assistant shall instruct them in those branches of education; and every convict over the age of twenty-one years who can not read and write, shall be sent to the school room during one working hour each day for instruction, and such additional time, other than working hours as the warden may see fit. The warden shall also furnish to each prisoner sufficient light to enable him to read, from the time he is shut up in the evening, until the ringing of the bell for going to bed; unless the warden has good cause to believe that a convict is making an improper use thereof, in which case he shall not be so furnished, and the fact, together with the cause, and name of the convict, shall be reported in writing to the inspectors at their next visit to the prison.

SEC. 8. The warden shall attend to the purchasing of all articles for the institution, clothing, provisions, medicines, materials for building or repairs, or raw material to be manufactured in the penitentiary, shall have in charge the whole operations of the institution, and shall be its executive officer.

SEC. 9. The warden of the penitentiary shall, within five days after the close of each month, file with the auditor of state a certified statement, in which shall be set forth the names of the several contractors for prison labor the amount due from each at the close of the preceding month, and the particular class of labor upon which said contract was based; and upon receiving such certified statement the auditor shall