and substitute see 1867, 301. Proceedings against convicts charged with violating condi (R.) For repeal and such attorney shall file an information before the superior court next to be held in said district, in the same manner as other informations are filed, so that it may be judicially ascertained whether the condition of the pardon or remission of punishment has been broken by the convict.] SECT. 16. If it is admitted by the convict, or found by the verdict of the jury, that the condition is broken, the court before whom the information is filed shall sentence the convict to be remanded and confined for the unexpired term of his former sentence, and to a further period of confinement not exceeding one-half the time for which he was sentenced for the offence to which the pardon or remission applied, to take effect from and after the period when he has suffered the whole term of imprisonment to which he was originally sentenced. If the convict was before sentenced to confinement for life, he shall be subjected to such solitary confinement as the court shall order. If it appears to the court, by the verdict of a jury or otherwise, that the convict has not broken the conditions of his conditional pardon or remission, he shall be discharged. tions of pardon, &c. How warrant of R. S. 142, § 13. SECT. 17. When a convict is pardoned or his punishment is compardon executed. muted, the officer to whom the warrant for that purpose is issued shall, as soon as may be after executing the same, make return thereof under his hand, with his doings therein, to the secretary's office; and he shall also file in the clerk's office of the court in which the offender was convicted, an attested copy of the warrant and return, a brief abstract whereof the clerk shall subjoin to the record of the conviction and SECTION 12. Houses of correction, overseers of, &c., general powers and duties; 13. may make contracts for work to be done in the house; 14. may make contracts for letting the convicts out for hire. 15. Convicts may be employed on public lands, &c. 16. Pregnant female may be transferred to workhouse, &c. Cost of her support. 17. Certain prisoners supposed to be reformed may be discharged, &c. 18. Night-walkers, &c., committed for third of fence may be bound out or discharged in certain cases. PROVISIONS RESPECTING JAILS, HOUSES OF CORREC- 19. Sheriff to have custody of jail, prisoners, &c. 20. Jailer, how removed, except in Suffolk. 22. 23. of officers, assistants, &c.; if inadequate, superior court to determine. 24. Jailer, &c., to keep calendar of prisoners. Penalty. 25. Warrants, &c., to be filed and delivered to sheriff's successor. 26. Burial of deceased prisoner. 27. Sheriff to deliver prisoners to successor; 29. Female convicts may have custody of their chil- 30. How such child may be removed, &c. 31. Prisons, &c., to be whitewashed, kept clean, 32. Cleanliness of prisoners, their food, &c. 35. and to hard labor, but not in engraving or 36. Punishment of prisoners refusing to work, &c. Not to be in solitary more than three days, &c.; SECTION 40. Moral and religious instruction to prisoners, 41. Instruction in reading and writing. 42. Spirit and strong drink prohibited, unless, &c. 44. for neglect of duty by sheriff, jailer, &c. 46. Punishment for prisoners escaping, &c. 48. Removal of prisoners in case of pestilence; EXPENSE OF SUPPORTING PRISONERS, &c. 52. Advancement of money for tools and materials, 53. Master, &c., to keep account of earnings, &c.; 54. 55. 69. Blank forms of returns to be furnished by secretary. 70. Sheriffs, &c., to make returns. 71. Penalties for neglect 72. Prosecution of delinquents. JAILS. Abstract. Prison for tron SECTION 1. 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 or committed by authority of the courts of the United States, as well as the courts and magistrates of this state, except as is provided in section sixty-one of chapter one hundred and forty-four. пожи 1874,385 Recordove. 1874,264 County jails, for be used R. S. 143, § 1. 1863, 216. See 1863, 155, §2. 14 Gray, 226. SECT. 2. If there are several jails in a county, the sheriff may cause sheriff may rethe prisoners to be confined in either, and may at his discretion remove move prisoners. them from one jail to another for their health or safe keeping, or for their more convenient appearance at court. Sheriff may fur to prisoners; SECT. 3. The sheriff may furnish to the prisoners employment of nish employment such nature and in such places as he deems best, and consistent with their safe keeping; but this section shall not be construed to require the performance of any labor by persons confined in jail. 1848, 324, § 4. See 1863, 99. to be reim bursed for damages for escape, &c. R. S. 14, § 92. Houses of correc- R. S. 143, §§ 1, 2. to have enclosed yards. for; R. S. 143, § 3. SECT. 4. In case of the escape of a prisoner by reason of insufficiency of the jail, whereby the sheriff is made liable to any party at whose suit the prisoner was committed, or to whose use 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. SECT. 5. (R.) [At the opening of each term of the superior court at which criminal business may be transacted, the jailers of the county shall return to the court a list of all prisoners in their custody, specifying the causes for which and the persons by 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. SECT. 6. There shall be provided by the county commissioners in each county except the county of Dukes County, and in Suffolk 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, correcting, governing, and employing, of offenders legally committed thereto by authority of the courts and magistrates of this state or of the United States, except as provided in section sixty-one of chapter one hundred and forty-four. SECT. 7. The yards shall be of sufficient extent for the convenient Jail may be used employment of the persons confined therein, and enclosed by fences of sufficient height and strength to prevent escapes, and also to prevent all persons without from access to or communication with any persons confined therein. When such house of correction is not provided, the jail or a part thereof may be used for that purpose, but when so used it shall be provided with a sufficient yard, so enclosed. if several in county, convicts classified: 1859, 249, § 7. overseers of, how appointed; R. S. 143, §§ 11, 12. 1857, 35. 1859, 249, § 5. compensation; 1857, 35, § 3. 1859, 249, § 5. materials, &c., for work in; rules and regulations in. &c. R. S. 143, § 14. 1857, 35. 1875-83 SECT. 8. (R.) [If there are several houses of correction in a county, the sentence of prisoners shall be to either house of correction therein, and the sheriff and county commissioners may classify the convicts and place them in either house.] SECT. 9. The commissioners in the several counties, except Suffolk, shall annually on the first Wednesday of January appoint to each house of correction two or three suitable persons of the county, other than the sheriff or commissioners, to be overseers thereof, and may remove any overseer and fill vacancies. SECT. 10. Each overseer shall receive from the county such annual compensation for his services and travel, not exceeding one hundred dollars, as the commissioners determine, and the directors for public institutions in the city of Boston shall receive such compensation as the city council allows. SECT. 11. The commissioners in the several counties except Suffolk, and the board of directors for public institutions in Boston, shall cause to be provided, at the expense of said counties and city respectively, suitable materials and implements sufficient to keep at work all the persons committed to the house of correction, and may from time to time establish needful rules for employing, reforming, governing, and punish 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. general powers 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 and duties: established for the management of the house of correction and the R. S. 143, § 11. gov- 1857, 35. 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. may make contracts for work to &c.; 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, be done in house, and in such case may stipulate that the contractor shall furnish some RS. 143, § 12. person, to be approved by them, to oversee the labor of the convicts and 1859, 249, § 5. instruct them in business or trades, conforming to all rules of the prison 1875;83. and not interfering with the discipline thereof. SECT. 14. They may make contracts for letting out to hire during for letting out the day time any of the persons there confined, to employers who live to hire e R. S. 143, § 12. 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. employed on SECT. 15. The commissioners, or directors, may, with the assent of Convicts may be the master or keeper of any house of correction, employ any of the public lands, &c. prisoners to labor upon the public lands and buildings belonging to the 1859, 249, § 6. county. may be trans ferred to workhouse, &c. Cost 1854, 416, §§ 2, 3. 1859, 196. of her support. 1856, 40. SECT. 16. When it appears to the physician of a house of correction Pregnant female that a female convict is in a state of pregnancy, any judge of the superior court, or any police court, may, upon application of the master or keeper of the house, or of the convict, revise her sentence so far as to order her to be transferred to any workhouse or house of industry in the same county for such term as is expedient, not exceeding the remainder of 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 Prisoners reof correction, house of industry, or workhouse, that a person there con- discharged, &c. fined on conviction before a justice of the peace of either of the offences Rs. 143, § 13. mentioned in section twenty-eight of chapter one hundred and sixty- See Ch. 165, § 34. five, has reformed and is willing and desirous to return to an orderly See 1862, 189, course of life, they may, by a written order, discharge him from confine- 1966, 235, $5. ment. Any person committed by the superior court, or any police 1869, 258. court, for either of said offences, may be discharged by such courts respectively upon the recommendation of the overseers or directors. formed may be 1859, 196. 1866, 198, § 3. &c., committed out or discharged 1855, 69, § 2 See 1869 258. 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 for third offence sentence, discharge any person committed thereto under section thirty- may be bound five of chapter one hundred and sixty-five, upon being satisfied that the in certain cases. convict has reformed; or may bind out such person for any term during 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 Sheriff to have custody of jail, prisoners, &c. of correction in Suffolk. 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 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- 1859, 196. SECT. 20. Any master, keeper, or jailer, except in the county of Suffolk, may be removed by the superior court for neglect of duty, or 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 care of R. S. 14, § 92. SECT. 21. For the safe keeping of the prisoners committed to his prisoners, c. 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, See 1860, 92. 2. (R.) Struck out by 1864, 270, § 1. if inadequate, determine. 1859, 196. SECT. 22. The commissioners, (R.) [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, decms any such salsuperior court to ary 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. 1859, 249, § 3. Jailer, &c., to 1859, 139, § 5. Warrants, &c., to be filed, and delivered to sheriff's successor. R. S. 14. § 85. 1839, 135. 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 di rectors 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 |