20. May make contracts for letting 43. Jailer, &c., to keep calendar of

30. Prisoners reformed may be dis: 52. Punishment for refusing to work,

113. Directors may remove persons

from one institution to another.

ORDINANCE.

1. Election of directors for the public institutions; term of office; removal, &c.

2. Organization of board; clerk appointed; quorum.

3. Powers and duties of directors. 4. Board may make rules, &c., for government, &c.; fix compensation of officers. Rules,

&c., to be approved by city
council.

5. Shall elect superintendent of
lunatic hospital. His compen-
sation and duties.

6. May make repairs, &c.; ex-
pense limited.

7. Supplies for institutions, how
procured. No director to have
any interest in contracts.
8. Directors to make quarterly and
annual reports.

9. Repeal of former ordinances.

STATUTES.1

county property

Boston.

ante.

See § 9.

1. By a special act of the legislature, passsd June 23, 1831, Transfer of it was provided that the town of Chelsea should release to the from Chelsea to city of Boston all title and interest in all the real and personal 1831, 65, §§ 1, 2. estate deemed and taken to belong to the county of Suffolk; and See pp. 109, 110, the exclusive jurisdiction of the court houses, jails, houses of G. S. 17, § 3. correction, and all other lands and buildings deemed county property, and that the rights thus acquired should forever remain vested in the city of Boston. The rights so acquired were confirmed by the Revised Statutes and again by the General Statutes. R. S. 14, § 7. By the above acts, and others, it was provided that the towns of Chelsea, North Chelsea, and Winthrop should not be assessed or taxed for county purposes. It was further provided R. S. 14, § 10. that in the county of Suffolk the court houses, jails, houses of correction, fire-proof offices, and all other county buildings shall

2

1 Under this title are included nearly all the general laws relating to houses of correction and jails in the several counties. Most of them are applicable to Suffolk, though modified to some extent by many special enactments regulating the management of the public institutions in Suffolk, and the execution of the laws by other boards different from those in the other counties. The house of correction, house of industry, house of reformation, and lunatic hospital are placed under the management of a board of directors, by a special law passed March 28, 1857. See post. pp. 367-369, §§ 107-112.

2 It was provided in § 2 of the Act of 1831, that the connection existing between the city of Boston and the town of Chelsea should continue, as an equivalent for said release, twenty years, and afterwards, until it should be altered by the legislature, unless Chelsea should, in the mean time, apply to the legislature and be set off to another county. See ante, pp. 109, 110.

G. S. 17, § 3.

G. S. 17, §§ 6,

33, 35.

G. S. 17, § 6.

Towns, &c., not to erect almshouses, &c., in other place, &c.

G. S. 22, § 2.
Counties to

buildings, &c., except, &c.

be provided by the aldermen of the city of Boston, at the expense of the city.1

2. No city or town shall erect or maintain an almshouse or house of correction within the limits of any other place, without the consent of such other place.

3. Each county, except Suffolk, shall provide suitable court. provide public houses, jails, houses of correction, fire-proof offices, and other necessary public buildings for the use of the county; except that the county of Dukes County need not provide a house of correction.

G. S. 17, § 5.

JAILS.

County jails, for what purposes to be used.

G. S. 178, § 1.

Gen. Stats. 144, § 61 refers to

4. The jails in the several counties shall be used,

First. For the detention of persons charged with offences and committed for trial:

Second. For the detention of persons committed to secure their attendance as witnesses on the trial of criminal causes :

Third. For the confinement of persons committed pursuant to a sentence upon conviction for an offence, and of all other persons committed for any cause authorized by law.

The provisions of this section shall extend to persons detained persons accused or committed by authority of the courts of the United States, or convicted as well as the courts and magistrates of this state, except as is tive slave law. provided in section sixty-one of chapter one hundred and fortyfour of the General Statutes.

under the fugi

Sheriff may

remove

prisoners. Ibid. § 2.

Sheriff may furnish employment to prisoners. Ibid. § 3. See § 21.

5. If there are several jails in a county, the sheriff may cause the prisoners to be confined in either, and may at his discretion remove them from one jail to another for their health or safe-keeping, or for their more convenient appearance at court.

6. The sheriff may furnish to the prisoners employment of such nature and in such places as he deems best, and consistent with their safe-keeping; but this section shall not be coustrued to

1

1 The aldermen of the city of Boston have the power and perform the duties (with some exceptions) of county commissioners within the city. Gen. Stats. 17, § 33. By a special Act passed May 20, 1852, c. 266, § 4, it was provided in what manner the aldermen should build, alter, or repair the county buildings, &c. See Public Buildings, post.

require the performance of any labor by persons confined in G. S. 178, § 5. jail.

See § 21.

bursed for

Ibid. § 4.

7. In case of the escape of a prisoner by reason of insuffi- To be reimciency of the jail, whereby the sheriff is made liable to any damages for party at whose suit the prisoner was committed, or to whose use escape, &c. any forfeiture was adjudged against him, the county shall reimburse all sums of money recovered by such party of the sheriff on account of the escape.

return list of

Penalty for

Ibid. § 5.

Act of Amend.

§ 19.

8. At the opening of each term of the superior court at Jailers to which criminal business may be transacted, the jailers of the prisoners, &c., county shall return to the court a list of all prisoners in their to court. custody, specifying the causes for which and the persons by neglect. whom they were committed, and produce and exhibit therewith, for the inspection of the court, their calendars of prisoners, and return a like list of the persons committed during the session of the court, in order that the court may take cognizance and make deliverance according to law of the prisoners committed for crimes within its jurisdiction. Jailers who neglect to make such returns, or to exhibit their calendars, shall be fined in the discretion of the court.

HOUSES OF CORRECTION.

provided, &c.

G. S. 178, § 6.

See § 1.

9. There shall be provided by the county commissioners in Houses of coreach county except the county of Dukes County, and in Suffolk rection, how by the aldermen of the city of Boston, at the charge of said counties and city respectively, a fit and convenient house or houses of correction, suitably and efficiently ventilated, with convenient yards, workshops, and other suitable accommodations, adjoining or appurtenant thereto, for the safe-keeping, Gen. Stat. 144, correcting, governing, and employing of offenders legally com- sons accused or mitted thereto by authority of the courts and magistrates of this convicted under state or of the United States, except as provided in section slave law. sixty-one of chapter one hundred and forty-four of the General Statutes.

§ 6, refer to per

the fugitive

rection to have

10. The yards shall be of sufficient extent for the convenient Houses of coremployment of the persons confined therein, and enclosed by enclosed yards. fences of sufficient height and strength to prevent escapes, and Jail may be