person committed to the jail in said county, by virtue of the provisions of this chapter, as shall be allowed and paid by the state, from time to time, for the weekly support of each state prisoner in said jail: Provided, that the keeper thereof shall not be liable for damages or costs in any suit which may be brought by any person or persons who may be committed to said jail, under the authority of this chapter. SEC. 9. The justice of the supreme court holding the court of common pleas, in every county except the county of Providence, shall, together with the clerk of the supreme court, and of the court of common pleas for said county, at the commencement of each term, inspect the jail of the county, and inquire into the state thereof as respects the security, treatment and condition of the prisoners; and shall have power to direct the sheriff to take such precautions as they may judge necessary against escape, sickness or infection. SEC. 10. All misconduct or deficiencies with regard to the treatment or condition of the prisoners shall be reported by the said inspectors to the general assembly, at its next session; all danger to the public safety or the safety of the prisoners from the insufficiency of the jail, apprehension of rescue, or the prevalence of disease, shall be reported by the sheriff or said inspectors, to the supreme court, when in session in the county, as well as to the general assembly, and if said court be not in session, to two of the justices thereof. SEC. 11. If in the opinion of the supreme court, when in session, or of any two of the justices thereof in vacation, it shall be expedient, from the insufficiency of the jail in any county, or the rebuilding or repairing of the same, the apprehension of rescue, the prevalence of disease, or other cause, to remove any prisoner or prisoners to the jail of any other county, it shall be lawful for said court or justices, upon application in writing to them by the sheriff or inspectors of the jail, to make an order for such removal, and issue a warrant therefor, and to have such prisoner or prisoners confined in the jail of some other county, and to allow to the officer or officers executing such order and warrant all proper costs and expenses thereof. SEC. 12. Any prisoner or prisoners so removed shall be detained in the same manner and by the same process as in the jail from which they were removed, to be certified to the jailer by the removing officer, until remanded back by the order of the court or justices, or discharged according to law. SEC. 13. Said court, when in session, or any one of the justices thereof, in vacation, are authorized to order and cause to be established a nightly guard at any of the jails, whenever they shall deem it necessary for the public safety or the safety of the prisoners, and to continue the same for so long a time as they may deem proper, and to allow the proper expense thereof. SEC. 14. If any person shall have any communication, by conversation or otherwise, with, or convey any tools, wine, strong drink, letters or any other articles to, any person confined in jail, from the outside of said jail, such person shall, upon conviction, be fined for each offence not exceeding fifty dollars, or be impris oned not exceeding sixty days. SEC. 15. All persons imprisoned in the jail in the county of Providence, on account of their conviction of any criminal offence, or on execution issued in any qui tam or penal action, or for not giving the recognizance required of them, to keep the peace upon complaint for threats, shall be let or kept at labor therein, or on the prison lot, or in some building thereon, for the benefit of the state, in such manner, under such contract, and subject to such rules, regulations and discipline as the inspectors of the state prison may make or appoint. SEC. 16. If any such person shall be committed for non-payment of fine and costs, or for not giving the recognizance required of him to keep the peace upon complaint for threats, or shall be detained in such jail after the expiration of the term for which he was sentenced to be imprisoned, for non-payment of costs, he shall be allowed by the state ten cents per day for the first thirty days, and thirty-three and one third cents per day for every day after said thirty days that he shall labor toward the payment of his fine and cost, or costs, as the case may be. SEC. 17. Every person who shall be committed to such jail to answer for any criminal offence, or on mesne process, in any qui tam or penal action, or on mesne process or execution in any civil action, may be permitted to labor as aforesaid, in the discretion of said inspectors, for the state: and in such case shall be allowed for his labor the sum of twenty-five cents per day for every day he shall so labor, to be paid to such prisoner by the order of the keeper of said jail upon the general treasurer, certified by at least one of said inspectors. SEC. 18. Every person who shall have been imprisoned in said jail for a period exceeding six months, by virtue of an execution issued in any civil suit, shall, during the remaining time of his detention therein, be let or kept at labor, as convicts are under the fifteenth section of this chapter, for the benefit of his creditor or creditors by virtue of whose executions he is imprisoned. SEC. 19. Such execution debtor shall be allowed by the state for every day's actual labor by him done, the sum of twenty cents per day, if the state shall receive or be benefited to that amount by his labor; if not, the amount which the state shall receive therefor or be benefited thereby. SEC. 20. The keeper of said jail shall keep against every such execution debtor an account, in the name of the state, in which he shall charge him with the cost of board, if any, provided for him by the state, and any other necessaries by the state furnished to such debtor, and shall credit him with the price or value of his labor as aforesaid, and the balance, if any, shall, as often as once a month, be paid over by said keeper to the creditor detaining such debtor, or if there be more than one creditor so detaining him, be divided amongst such detaining creditors, in equal proportion to the amount of their debts, in liquidation of the same. CHAPTER 227. OF THE REFORM SCHOOL IN THE CITY OF PROVIDENCE. SECTION 1. Power of city council of Providence to establish and govern. 2 and 3. How to be governed, and trustees how elected and removed. 4. Duty of trustees. 5. Power of, to adopt by-laws. SECTION der whose directions to be disciplined and dealt with. 9. Children sentenced to, but not received or incorrigible, how to be dealt with. 10. Commitments to, for what term, and effect of discharge from. 6. To receive criminals under eighteen 11. Power of trustees to bind out inmates SECTION 1. The city council of Providence is authorized to establish and maintain, within the limits of the said city, a school for the confinement, instruction and reformation of juvenile offenders and of young persons of idle, vicious or vagrant habits, to be called the Providence Reform School; and may pass such ordinances, not contrary to the laws of this state, or of the United States, for the management thereof, as they may from time to time deem expedi ent. SEC. 2. The government of said school shall be vested in a board. of seven trustees, one of whom shall always be the mayor, for the time being of said city; and the remaining six shall be elected annually by the city council in convention of the two boards. SEC. 3. No trustee shall receive any compensation for his services, and any trustee, except the mayor, may at any time be removed by a concurrent vote of the two boards of the city council. In case of the death, removal, or resignation of any trustee, the city council in convention may forthwith elect a successor in his place. SEC. 4. It shall be the duty of said board of trustees to take charge of the general interests of the institution; to see that its affairs are conducted in accordance with the requirements of the city council, and of such by-laws as the board may from time to time adopt for the orderly and economical management of its concerns; to see that strict discipline is maintained therein; to provide employment for the inmates, and bind them out, discharge or remand them, as is hereinafter provided; to appoint a superintendent, and such other officers as, in their judgment, the wants of the institution may require, whose salaries shall be fixed and voted by the city council; to prescribe the duties of the superintendent and other officers, and to remove such officers at pleasure, and appoint others in their stead. SEC. 5. The trustees shall also adopt a code of by-laws which, as well as all alterations thereof, shall not be valid unless sanctioned and approved by the city council. SEC. 6. The board of trustees shall have power, in their discretion, to receive into said school, all such children, under the age of eighteen years, as shall be convicted before any court sitting within the limits of said city as vagrants or disorderly persons, or of criminal offences, or of offences against the ordinances of the city of Providence, and of such children convicted of criminal offences, by or before any court or justice in the state. SEC. 7. The board of trustees shall further have power, at their discretion, and for such payment as the city council shall direct, to admit into said school any child above the age of five years, at the request of his parents or guardian; and to accept from such parent or guardian a surrender in writing of any such child to the care and direction of the board. SEC. 8. Any child admitted or sentenced to said school, shall there be kept, disciplined, instructed, employed and governed, under the direction of said board of trustees, until he shall be either reformed and discharged, or shall be bound out, by said trustees, according to their by-laws, or shall be remanded to prison under the sentence of the court, as incorrigible, upon information of the trustees, as hereinafter provided. SEC. 9. If any child shall, upon any conviction, be sentenced to said school, and the trustees, or any two of them, in the absence of the others, shall deem it inexpedient to receive him; or if he shall be found to be incorrigible, or his continuance in the school shall be deemed prejudicial to the management and discipline thereof; or if the city council shall close said school, they shall certify the same upon the mittimus by virtue of which he is held, which mittimus, together with the child, shall be delivered to the sheriff, or his deputy, or to any constable of the city, who shall forthwith commit said child to the jail, house of correction, or state prison, as the case may be in pursuance of the alternative sentence provided for in chapter two hundred and twenty-two, section forty-four. SEC. 10. All commitments to this institution, of children, of whatever age when committed, shall be for a term not longer than during their minority, nor less than two years, unless sooner discharged by order of the trustees, as hereinbefore provided; and whenever any child shall be discharged therefrom by the expiration of his term of commitment, or as reformed, or as having arrived at the age of twenty-one years, such discharge shall be a full and complete release from all penalties and disabilities, which may have been created by such sentence. SEC. 11. The trustees of this school shall have power to bind out its inmates as servants or apprentices, until the age of twenty-one years, to any citizen of any of the New England states, in like manner and on the same conditions as the overseers of the poor may, by law, bind out the children that come under their charge. SEC. 12. The trustees shall cause the children under their charge to be instructed in virtue and morality, and in such branches of useful knowledge as shall be adapted to their age and capacity. They shall also be instructed in such regular course of labor as shall be best suited to their age and strength, and shall seem best adapted to secure the reformation and amendment and future benefit of the children; and, in binding out the inmates, the trustees shall have scrupulous regard to the moral character of those to whom they are to be bound, to the end that they may secure to the children the benefit of a good example and wholesome instruction, the means of improvement in virtue and knowledge, and the opportunity of becoming intelligent, moral and useful members of society. SEC. 13. One or more of the trustees shall visit the school at least once in every two weeks, and they shall report their doings to the city council at such times and to such extent as the council shall from time to time prescribe. CHAPTER 228. OF THE STATE PRISON, ITS OFFICERS AND DISCIPLINE. 16. Of bond to be given by warden. 17. Power of, to appoint assistants. SECTION 18. Supplies to be furnished to. 19. Where to reside and to be, of nights. 20. Duties of warden. 21. Of his reports to inspectors. 22. Of his power to admit visitors to prison. 23. Penalty upon for receiving gifts, &c., from prisoners. 24. Of journal to be kept by him. 25. Power of to purchase supplies, &c., for prison. 26. Duty of, to keep and present accounts Physician. 29. Duty of physician of. 30. Of his salary and medicines. nal concerning. 32. To visit and vaccinate prisoners, when. 33. Directions by, how given, and force of. 34. Duty to report to general assembly and inspectors. Religious instructor. 35. Religious instruction, when and by whom required to be given. |