ing, the persons so committed, for procuring and preserving such materials and implements, and for keeping and settling all accounts of the cost and expenses of procuring the same, and of all labor performed by each of the persons so committed. and duties. 1857, 35. SECT. 12. In the county of Suffolk the board of directors for public Overseers, &c., institutions, and in other counties the overseers, shall see that the rules general powers established for the management of the house of correction and the gov- R. S. 143, § 11. ernment of the persons confined therein are strictly observed, examine all accounts of the master relating to the earnings of the prisoners and all expenses of the institution, and keep a fairly written register of their official proceedings. SECT. 13. They may make contracts for work to be done in the house, with any person disposed to supply materials to be there wrought, and in such case may stipulate that the contractor shall furnish some person, to be approved by them, to oversee the labor of the convicts and instruct them in business or trades, conforming to all rules of the prison and not interfering with the discipline thereof. may make contracts for work to be done in house, &c. 1850, 249, § 5. for letting R. S. 143, § 12. SECT. 14. They may make contracts for letting out to hire during the day time any of the persons there confined, to employers who live out to hire, &c. so near to the house of correction that the directors or overseers or the master of the house can have the general inspection of the conduct of the persons so let out, and of the treatment they receive. public lands, 1859, 249, § 6. male may be Cost of her 1856, 40. ers supposed to charged, &c. SECT. 15. The commissioners, or directors, may, with the assent of Convicts may the master or keeper of any house of correction, employ any of the be employed on prisoners to labor upon the public lands and buildings belonging to the &c. county. SECT. 16. When it appears to the physician of a house of correction Pregnant fethat a female convict is in a state of pregnancy, any judge of the superior transferred to court, or any police court, may, upon application of the master or keeper workhouse, &c. of the house, or of the convict, revise her sentence so far as to order her support. to be transferred to any workhouse or house of industry in the same 1854, 416, §§ 2, 3. county for such term as is expedient, not exceeding the remainder of 1859, 196. her sentence; and may at any time before the expiration of her sentence cause her to be again restored to the house of correction. For the support and custody of each female so transferred, two dollars a week shall be paid by the county to the city or town to which she is transferred. SECT. 17. When it appears to the overseers or directors of a house Certain prisonof correction, house of industry, or workhouse, that a person there con- be reformed fined on conviction before a justice of the peace of either of the offences may be dismentioned in section twenty-eight of chapter one hundred and sixty- R. S. 143, § 13. five, has reformed and is willing and desirous to return to an orderly 1859, 196. course of life, they may, by a written order, discharge him from confinement. Any person committed by the superior court, or any police court, for either of said offences, may be discharged by such courts respectively upon the recommendation of the overseers or directors. SECT. 18. The overseers or directors of any house of correction, Night walkers, workhouse, or house of industry, may, after six months from the time of &c., committed sentence, discharge any person committed thereto under section thirty- fence may be five of chapter one hundred and sixty-five, upon being satisfied that the discharged in convict has reformed; or may bind out such person for any term during certain cases. the period of the sentence, as an apprentice or servant to any inhabitant of this state; and said overseers and directors, and the master, mistress, apprentice, and servant, shall respectively have all the rights and privileges, and be subject to all the duties set forth in chapter one hundred and eleven, in the same manner as if such binding were made by the overseers of the poor; and the relations between the parties shall not be affected by the age of the party bound. If the master or mistress is discharged from the contract of service or apprenticeship as provided in said chapter, the person bound shall be returned to the See Ch. 165, § 34. ch 235. 1866 for third of bound out or 1855, 69, § 2. Sheriff to have custody of jail, of correction in Suffolk. .1859, 249, § 1. place of confinement, and serve out the original sentence, if any portion thereof is unexpired; but the overseers or directors shall not be liable to the costs of the process provided in said chapter. PROVISIONS RESPECTING JAILS, HOUSES OF CORRECTION, PRISONERS, &C. SECT. 19. The sheriff shall have the custody, rule, and charge of the prisoners, &c. jails, and except in the county of Suffolk, the houses of correction in Master of house his county, and of all prisoners therein, and shall keep the same by himself, or by his deputy, as jailer, master, or keeper, for whom he shall be responsible. The jailer, master, or keeper shall appoint all subordinate assistants, employees, and officers, for whom he shall be responsible. In the county of Suffolk the city council of Boston shall appoint a suitable person to be master of the house of correction, to hold his office during their pleasure. Master, how re- SECT. 20. Any master, keeper, or jailer, except in the county of Suffolk, may be removed by the superior court for neglect of duty, er 1859, 249, §§ 1, 8. wasteful or extravagant use of supplies, upon complaint of the county commissioners, setting out the facts, and after notice to the sheriff and the person complained of, and a hearing thereon. Compensation of sheriff for ers, &c. R. S. 14, § 92. SECT. 21. For the safe keeping of the prisoners committed to his care of prison- custody, the sheriff shall have such compensation from the county, not less than twenty dollars a year, as the county commissioners, or in the county of Suffolk the mayor and aldermen, order. He shall not receive any rent or emolument from the jailers and keepers of the houses of correction, for the use and occupation of the dwelling-houses provided for them by the county. of officers, assistants, &c. 1859, 249, §§ 1, 2. if inadequate, superior court to determine. 1859, 196. 1859, 249, § 3. Jailer, &c., to keep calendar of prisoners. Penalty. R. S. 14, § 83. 1859, 139, § 5. Warrants, &c., to be filed, and delivered to sheriff's suc cessor. R. S. 14, § 85. 1839, 135. SECT. 22. The commissioners, (except in the county of Suffolk,) shall establish fixed salaries for all officers, assistants, and employees, of jails and houses of correction, which shall be in full compensation for all their services, and for which they shall devote their whole time to the discharge of their duties, unless released therefrom by the commissioners. SECT. 23. If the sheriff, master, keeper, or jailer, deems any such salary inadequate, he may present his petition, showing the facts, to the superior court next to be holden for the county, and the court, after notice to the chairman of the county commissioners, and a hearing shall fix the salary, and pass such further order in the premises as law and justice require. SECT. 24. The jailer, keeper, or master, of each jail and house of correction, shall keep in a bound book an exact calendar of all prisoners committed thereto, and shall cause to be distinctly registered therein the names of all prisoners, their places of abode, additions, and the time, cause, and authority, of their commitment, and a description of the persons of such as are committed on criminal prosecutions, together with such facts as, with the entries in the prison book, will enable the sheriff or directors to make the returns required by sections sixty-nine and seventy. When a prisoner is liberated, he shall register in the same book the time and authority of such liberation, and in case of an escape, the time and manner of the escape. Every jailer, master, or keeper, neglecting to keep such calendar, or to enter such facts therein, shall forfeit one hundred dollars, to be recovered by the commissioners or directors in an action of tort, in the name of the county, or in Suffolk in the name of the city of Boston, and expended by them for the relief of discharged prisoners. SECT. 25. All warrants, mittimuses, processes, and other official papers, or attested copies thereof, by which a prisoner is committed or liberated, shall be regularly filed in the order of time, and with the calendar, be safely kept in a suitable box for that purpose, and upon the expiration of the sheriff's commission, his death, resignation, or removal from office, be delivered to his successor; and in default thereof the sheriff or his executors or administrators shall forfeit two hundred dollars. SECT. 26. oner. When a person imprisoned for any cause dies in prison, Burial of dethe sheriff or the keeper shall deliver the body to his relations or friends ceased prisif they request it. If no application is made therefor, the sheriff or R. S. 14, § 87. keeper shall bury the same in the common burying ground, and the expenses be paid by the city or town in which such person had a legal settlement, if any, otherwise by the county. to successor. R. S. 14, § St. 1859, 249, § 1. upon death of, jailer to con SECT. 27. Every sheriff, upon the expiration of his commission, or Sheriff to dehis resignation or removal from office, shall deliver to his successor all liver prisoners prisoners in his custody, and for that purpose shall retain the keeping of the jails and houses of correction under his care, and of the prisoners therein, until his successor is appointed and qualified. SECT. 28. In case of the death of the sheriff, the jailer, master, or keeper, by him appointed, shall continue in office and retain the custody, rule, and charge, of the jail or house of correction, and of all prisoners committed thereto, until a successor to the deceased sheriff is appointed or elected and qualified, or until the governor, by and with the advice of the council, removes such jailer, master, or keeper, and appoints another. The jailer, master, or keeper, appointed by the governor, shall give bond with sureties as the governor directs and approves for the faithful performance of the duties of his office. tinue in office until, &c. R. S. 14, § 86. 1859, 249. custody of SECT. 29. When the mother of a child under the age of eighteen Female conmonths is imprisoned in a house of correction, jail, workhouse, or other victs may have place of confinement, and is capable and desirous of taking care of said their children child, the keeper shall, upon the order of the court or magistrate com- age. mitting her, or of any overseer of the poor, receive the child and place 1858, 57, § 1. it under the care and custody of its mother. under a certain 1858, 57, § 2. be whitewash SECT. 30. When the overseers, inspectors, or other like officers, of How such children may be such institution, are satisfied that the health and comfort of such child removed, &c. call for its removal, or that for any cause it is expedient that it should be removed, they shall give notice to the father or other relatives thereof; and if neither can be found to receive it, to the overseers of the poor of the city or town in which it has a legal settlement, who shall receive it; or if it has no settlement in this state, it shall be sent to one of the state almshouses, as is provided in the case of alien paupers. SECT. 31. The keeper of each jail and the master of each house of Prisons, &c., to correction shall, at the expense of the county, see that the same is con- ed, kept clean, stantly kept in as cleanly and healthful a condition as may be, and shall cause the whole interior thereof, including the floors, to be thoroughly whitewashed with lime at least twice in each year, and the walls and floors of each room, while any person is confined therein, to be so whitewashed once in each month between the first of May and the first of November. No permanent vault shall be used in any apartment. Every room occupied by a prisoner shall be furnished with a suitable bucket with a cover made to shut tight, for the necessary accommodation of such prisoner, and such bucket when used shall be emptied daily and constantly kept in good order. &c. R. S. 143, § 38. prisoners, their SECT. 32. The keeper and master shall see that strict attention is Cleanliness of constantly paid to the personal cleanliness of all prisoners in their cus- Food, &c. tody, and shall cause the shirt of each prisoner to be washed, and the R. S. 143, § 39. prisoner himself to be shaved, once at least in each week, and to have 1818, 324, § 1. a weekly bath of cold or tepid water applied to the whole surface of the body, unless by reason of sickness such bath would be hurtful or dangerous. Each prisoner shall be furnished daily with as much clean water as he has occasion for either as drink or for the purpose of personal cleanliness, and with a clean towel once a week. No clothes shall be washed or hung out wet in any room which is occupied by a prisoner Classification and separation of prisoners. during the night. All prisoners not in solitary confinement shall be served three times each day with wholesome food, well cooked, in good order, and in sufficient quantity. SECT. 33. Male and female prisoners shall not be put or kept in the same room; nor, unless the crowded state of the jail or house of correc R. S. 143, § 35. tion requires it, shall any two prisoners, other than debtors, be allowed See § 44. to occupy the same room, except for work. Persons committed for debt shall be kept separate from felons, convicts, and persons confined upon a charge of felony or other infamous offence, and all conversation between prisoners in different apartments shall be prevented. Minors shall be kept separate from notorious offenders and those convicted of a felony or other infamous crime. Persons committed on charge of an offence shall not be confined with convicts, and prisoners charged with or convicted of an offence not infamous shall not be confined with those charged with or convicted of an infamous crime, except while at labor or assembled for moral or religious instruction, at which times no communication shall be allowed between prisoners of different classes. Execution of sentence to soli tary imprisonment. R.S. 143, § 20. 1854, 393. and to hard labor; but not SECT. 34. When a convict is sentenced to solitary imprisonment and hard labor in a jail or house of correction, the master or keeper shall execute the sentence of solitary imprisonment by confining the convict in one of the cells, or if there is none, then in the most retired and solitary part of the jail or house, and during the time of solitary impris onment the convict shall be fed with bread and water only, unless other food is necessary for the preservation of his health. No intercourse shall be allowed with any convict in solitary imprisonment, except for the conveyance of food and other necessary purposes. SECT. 35. As soon as the term of solitary imprisonment has expired, the master or keeper shall furnish the convict with tools and materials or other means for work in a suitable manner, in which he can be use fully or profitably employed, either in the house of correction or jail, or R. S. 143, § 21. in the close yard thereof; but no convict shall be employed in engraving or printing of any kind. Such convict may if necessary be confined by a log and chain, or in such other manner as shall prevent his escape without unnecessarily inflicting bodily pain or interrupting his labor. The overseers, or, when the punishment is inflicted in the jail, the sheriff, shall oversee the execution of all such sentences. 1850, 289, § 4. Punishment of ing to work, SECT. 36. If a convict is refractory, or, during the time for which he prisoners refus- is sentenced to hard labor, refuses or neglects without reasonable cause to labor in a suitable manner when required, he shall be kept in solitary than three days, confinement and fed on bread and water as before provided so long as he is refractory or refuses to labor; but no keeper of a jail or master of a house of correction shall confine in solitary imprisonment any convict for more than three days at one time, without informing the sheriff or overseers thereof and the reasons therefor. &c. R. S. 143, § 22. 1853, 34. of refractory prisoners. R. S. 143, § 46. 1857, 35. of poor debtors, &c., who SECT. 37. If a person confined in a jail or house of correction upon a conviction or charge of an offence against the commonwealth, is refractory or disorderly, or wilfully or wantonly destroys or injures any article of furniture or other property, or any part of such prison, the sheriff, overseers, or board of directors for public institutions, respec tively, after due inquiry may cause him to be kept in solitary confinement, not more than ten days for one offence; and during such confine ment he shall be fed with bread and water only, unless other food is necessary for the preservation of his health. SECT. 38. If a person committed to jail on mesne process or execucommit depre- tion, or for any other cause than those mentioned in the preceding sec tion, is on complaint of the keeper convicted before a justice of the peace, or police court, of either of the offences therein specified, he shall be punished by solitary imprisonment as directed in said section, not more than ten days for each offence. He shall also be liable for double dations. the amount of the damage done to the jail, furniture, or other property, to be recovered in an action of tort, which may be brought by the sheriff or county treasurer in the name and to the use of the county. thority not tion to prisonR. S. 143, § 40. 1855, 393. ers, &c. SECT. 39. The two preceding sections shall not affect the authority Sheriff's and of a sheriff, jailer, or master of a house of correction, to preserve order keeper's auand enforce strict discipline among the prisoners in his custody. SECT. 40. The keeper or master shall at the expense of the county Moral and reliprovide for each prisoner under his charge, who is able and desirous to gious instrucread, a copy of the Bible or of the New Testament, to be used by such prisoner at proper seasons during his confinement, and the county commissioners may, in their discretion and at the expense of their county, provide moral and religious instruction for the prisoners confined in the jails and houses of correction of their respective counties. Prisoners in the state prison, or in any jail, house of correction, almshouse, or other place of confinement, may, in their illness, on request to the warden, keeper, or master, receive the visits of any clergyman they may desire. 1848, 29, § 1. writing. SECT. 41. The county commissioners of each county, and the alder- Instruction in men of the city of Boston, with the sheriff of the county, may at the reading and expense of their county or city furnish suitable instructions in reading 1848, 324, § 3. and writing for one hour each evening, except Sundays, to such pris- 1854, 418, § 33. oners as may be benefited thereby and are desirous to receive the same. See § 44. drink SECT. 42. No sheriff, jailer, master of a house of correction, or other Spirit and officer, or under keeper of a prison, shall, under any pretence, give, sell, prohibited, unor deliver, or knowingly suffer to be given, sold, or delivered, to any less, &c. person committed to jail for debt and supported at the charge of the 143, § 34. creditor, or to a prisoner in confinement upon conviction or charge of an offence, any spirituous liquor or mixed liquor, part of which is spiritnous, or any wine, cider, or strong beer, unless the attending physician of the prison certifies in writing that the health of the prisoner requires it, in which case he shall be allowed the quantity prescribed, and no more. tempting to ers. 1854, 93. SECT. 43. Whoever gives, sells, or delivers, to a person confined in Penalty for furajail, house of correction, house of industry, workhouse, or prison, or to nishing, or ata person in custody of a sheriff, constable, police officer, jailer, master of furnish, spirits, a house of correction, or warden of a prison, any spirituous or other &c., to prisonliquors, as mentioned in the preceding section, or has in his possession, R. S. 143, § 37. within the precincts of any jail, house of correction, or other place of confinement mentioned in this chapter, any such liquors, with intent to convey or deliver the same to any person or prisoner confined therein, unless under the direction of the physician appointed to attend such prisoner, shall be punished by fine not exceeding fifty dollars, or by imprisonment in the jail or house of correction not exceeding two months. SECT. 44. If a sheriff, jailer, or master of a house of correction, gives, for neglect of sells, or delivers, to any prisoner in his custody, or willingly or negli- duty by sheriff, jailer, &c. gently suffers such prisoner to have or drink any spirituous, fermented, R. S. 143, § 36. or other strong or mixed liquor, prohibited by section forty-two, or 1839, 135. places or keeps together prisoners in his custody of different sexes or classes, contrary to the provisions of section thirty-three, he shall in each case forfeit for the first offence twenty-five dollars, and for any such offence committed after the first conviction fifty dollars, and shall on such second conviction be further sentenced to be removed from office and to be incapable of holding the office of sheriff, deputy-sheriff, or jailer, or master or keeper of any prison, for the term of five years. SECT. 45. The sheriffs of the several counties, and the board of di- Officers using intoxicating lirectors for public institutions in Boston, shall forthwith remove any quors to be reofficer by them respectively appointed to any position of trust or author- moved. |