Punishment for escape, &c., for years; R. S. 144, § 37 5 Allen, 131. 101 Mass. 223. limited time escapes when sentenced from the prison, or attempts by violence to escape, or assaults the warden, an inspector, or other officer or person employed in the government or custody of the prison, he shall, in addition to his former sentence, be punished by imprisonment in said prison not exceeding ten years, and 187373 also by solitary imprisonment not exceeding one year, to be executed forthwith, or at such time or times either before or after the expiration of any former sentence, as the court directs. when sentenced for life. R. S. 144, § 38. Punishment of officer, &c., suffering escape; R. S. 144, § 39. leaving prisoner at large, or other unlawful indulgence; B. S. 144, § 40. aiding in escape or rescue; B. S. 144, § 41. illicit conveyance of articles into prison, &c. 1838, 152, § 1. Warden, &c., to make regula rations, &c. 1859, 101. SECT. 54. If a convict under sentence of imprisonment for life escapes from the prison, or attempts by violence to escape, or commits any such assault as is mentioned in the preceding section, he shall be punished by solitary imprisonment not exceeding one year, to be executed at such time or times as the court directs. SECT. 55. If an officer or other person employed in the prison voluntarily suffers a convict confined therein to escape, or in any way consents to such escape, he shall be punished by imprisonment in said prison not exceeding twenty years. SECT. 56. If an officer or person employed in the prison suffers a convict under sentence of solitary confinement to be at large or out of the cell assigned to him, or suffers any convict confined in the prison to be at large out of the prison, or to be visited, conversed with, or in any way relieved or comforted, contrary to the regulations of the prison, he shall be punished by fine not exceeding five hundred dollars. SECT. 57. Whoever conveys into the prison any disguise, instrument, tool, weapon, or other thing, adapted or useful to aid a convict in making his escape therefrom, with intent to facilitate the escape of any convict there lawfully committed or detained, whether such escape is effected or attempted or not, or by any means aids a convict in his endeavor to escape, and whoever forcibly or fraudulently rescues or attempts to rescue a convict held in custody under sentence of imprisonment in the prison, shall be punished by imprisonment in said prison not exceeding ten years, or by fine not exceeding five hundred dollars. SECT. 58. Whoever delivers or procures to be delivered, or has in his possession with intent to deliver, to a convict confined in the prison, or deposits or conceals in or about the prison, or the dependencies thereof, or in any boat, carriage, or other vehicle, going into the premises belonging to the prison, any article or thing, with intent that a convict confined in the prison shall obtain or receive the same; and whoever receives from a convict any article or thing with intent to convey the same out of the prison, contrary to the rules and regulations thereof, and without the knowledge and permission of the warden or board of inspectors, shall be punished by imprisonment in the state prison or jail not exceeding two years, or by fine not exceeding five hundred dollars. RATIONS, CLOTHING, &c., OF CONVICTS. SECT. 59. The warden and inspectors may, with the consent of the tions respecting governor and council, make such regulations in regard to the rations, clothing, and bedding, of the convicts, as the health, well-being, and circumstances of each convict require; but all diet, rations, clothing, beds, and bedding, shall be of good quality, and in sufficient quantity, for the sustenance and comfort of the convicts. No intoxicating liquors shall be furnished to the convicts. Subsistence and diet in the hospital. R. S. 144, § 46. SECT. 60. The subsistence and diet of the convicts in the hospital shall be under the direction of the physician; but for all articles of comfort or indulgence not included in his regular hospital rations, his order therefor shall be in writing and for a term not exceeding one week. SECT. 61. The warden and inspectors may make such variations or Rations, &c., additions in relation to the rations, clothing, and bedding, of the convicts, &c. may be varied, as the circumstances of each convict may require. ventilated and SECT. 62. The prison shall be suitably and sufficiently ventilated, and Prison to be each prisoner shall have a weekly bath of cold or tepid water, which prisoners furshall be applied to the whole surface of the body, unless, by reason of nished with the sickness of any prisoner, such bath may be hurtful or dangerous. 1848, 324, §§ 1, 2. DISCHARGED CONVICTS. [See 1864, 194.] baths. Convicts, when discharged, to charged con SECT. 63. The warden may pay to any convict leaving the prison, who in his opinion by good conduct deserves the same, a sum not exceed ing five dollars out of the treasury of the prison; and no convict shall leave the prison without being furnished with decent clothing. SECT. 64. The governor with advice of the council may appoint an Agent for disagent to hold office until another is appointed in his place, who shall victs, appointcounsel and advise, and when and as he deems proper and expedient, ment and duties furnish with clothing, board, and tools suitable for their employment, 1845, 176, § 1. such discharged convicts as may seek his aid; and shall take measures 1848, 82, § 1. to procure employment for such of them as may desire it, by correspond-1876 . 72 ing with persons in mechanical and agricultural pursuits, and with benevolent persons and associations. SECT. 65. The office of the agent shall be located either in Charlestown or Boston. of; office of; 1845, 176, § 3. to keep account of expen ditures, and count to state 1849, 56. 1869, 122. SECT. 66. He shall keep an account of the moneys expended by him for the rent and other necessary expenses of his office, for correspondence and travel to procure employment for discharged convicts, for furnish- present ac ing the clothing, board, and tools, required of him by law, and for con- auditor veying discharged convicts to their homes or places of employment when 1849, 213, $2. he deems it proper to pay therefor, which being approved by the auditor See 1861, 78, § 1. of accounts, the governor shall at the end of each quarter draw his warrant on the treasury therefor. But the whole amount so paid for such expenditures shall not exceed five hundred dollars in any one year. SECT. 67. The warden may in his discretion pay to said agent such sums of money as he is authorized by section sixty-three to pay to convicts. The agent shall expend what he thus receives for the benefit of such convicts, and account therefor to the auditor. SECT. 68. He shall, on or before the fifteenth day of October in each year, cause to be made to the governor and council a full and detailed account of his doings as such agent for the year ending on the last day of the preceding month, and he shall receive for his services five hundred dollars a year. 1871, 302. may receive money for dis- victs; 1846, 78, § 1. 1857, 40. See 1861, 78, § 2 CHAPTER 180. OF THE TRANSFER OF LUNATICS AND DISCHARGE OF POOR CONVICTS. Commission ers. 1844, 120, § 3. 1856, 135; See 1862, 8. to be notified of insanity of LUNATICS IN THE STATE PRISON. SECTION 1. The physician of the state prison as chairman, with the superintendents of the state lunatic hospitals, shall constitute a commission for the examination of convicts in said prison alleged to be insane. Each commissioner shall receive for his services in such capacity his travelling expenses and three dollars a day for each day he is so employed, which shall be charged to the prison. SECT. 2. When a convict in the prison appears to be insane, the warby warden, &c., den or inspectors shall give notice thereof to the chairman of said commission, who shall forthwith notify the members thereof to meet at the prison. convicts. Insane convicts to be removed to hospital, &c. 1844, 120, $$ 1,2. 1853, 318, §1. 1856, 247, § 3. Insane prisoners, R.. S. 145, § 1. 12 Allen, 510. if sane before SECT. 3. The commission shall investigate the case, and if, in the opinion of a majority of them, the convict has become insane, and his removal would be expedient, they shall so report, with their reasons, to a judge of the superior court, who shall forthwith issue his warrant under the seal of that court, directed to the warden, authorizing him to remove the convict to one of the state lunatic hospitals, there to be kept till, in the opinion of the superintendent and trustees thereof, he may be recommitted consistently with his health. The superintendent when so satisfied shall certify the fact of such restoration upon the warrant, and give notice to the warden, who shall thereupon cause the convict to be reconveyed to the prison, there to remain pursuant to his original sentence, computing the time of his confinement in the hospital as part of the term of his imprisonment. LUNATICS IN OTHER PRISONS. SECT. 4. When a convict in a prison other than the state prison, or in the house of correction, appears to be insane, the physician attending the prison or house of correction shall make a report thereof to the jailer or master, who shall transmit the same in the county of Suffolk to a judge of the superior court, and in any other county to the judge of the probate court. The judge shall make inquiry into the facts therein stated, and if satisfied that such convict is insane, he may, at any time he deems necessary, cause such prisoner to be removed to one of the state lunatic hospitals. SECT. 5. If a person so removed is restored to sanity before the term expires, to expiration of his sentence, he shall be forthwith returned to the prison or house of correction from which he was removed, there to remain pursuant to his original sentence, computing the time of his confinement in the hospital as part of the term of his imprisonment. R. S. 145, § 2. 1853, 259. Poor convicts, from prison; R. S. 145, § 3. 1833, 81, § 3. 1848, 32, § 26. 1856, 158, § 3. 8 Gray, 395. See 1866, 284. DISCHARGE OF POOR CONVICTS. SECT. 6. When a poor convict has been confined in a prison or house how discharged of correction for three months for fine and costs only, or for either of them, the jailer or master shall make a report thereof, in the county of Suffolk to the police court of the city of Boston, and in other counties to any two justices of the peace, one of whom shall be of the quorum, or to any police court. The court or justices shall proceed to make inquiry into the truth thereof, and may require the jailer or keeper to bring the convict before them at the prison or such other convenient place near thereto as they may direct. If satisfied that the statement in the report is true and that the convict since his conviction has not had any estate, real or personal, with which he could have paid the sum for which he is committed, and that he is held for no other cause, they shall make a certificate thereof to the sheriff, directing him to discharge the convict. after thirty days. SECT. 7. (R.) [When a poor convict has been confined in a prison or house of correction thirty days for fine,or fine and costs, not exceeding ten and substitute see dollars, or forty days for fine, or fine and cost, not exceeding twenty dol- 1842, 59. lars, he shall be discharged if the justice or court has certified on the (R.) For repeal mittimus upon which he was committed that he is unable to pay the 1865, 44. same. When such convict has been confined thirty days and the justice or court has not so certified, the jailer or master shall make report thereof to a justice of the peace and of the quorum, or to a police court, and such justice or court shall proceed therein and may discharge the convict in the manner prescribed in the preceding section.] Suffolk county. 1866, 289. SECT. 8. (R.) [The justices of the police court of the city of Boston Poor convicts in when assembled, may also at any time discharge from prison or the R. S. 87, § 16. house of correction in the county of Suffolk, any convict held only for (R.) Repealed by the non-payment of fine and costs, if it appears that he is and unpoor able to pay the same: provided, that when such person is held under the sentence of any other court, the consent of one of the justices thereof shall be first given in writing.] how SECT. 9. A person under guardianship may have the benefit of the Persons under provisions of the three preceding sections, although it appears that he guardianship, has property held under guardianship, if it also appears that such prop- charged. erty is beyond his actual control. 1850, 185, § 1. may be recov 1850, 185, § 2. 1852, 312. SECT. 10. When a person is discharged under the preceding section, Fine and costs the commonwealth may, in an action of tort brought within one year ered of guarafter the discharge, recover against his guardian, if he has assets, the dian. amount of fine and costs remaining unpaid. SECT. 11. The fees of the justices for discharging a convict under this chapter, shall be one dollar to each justice, and for travel five cents for each mile going and returning, which shall be taxed, allowed, and paid, in the same manner as other costs arising before justices of the peace in criminal cases. Fees for dis- charge. PART V. OF THE GENERAL STATUTES AND THE General Stat R. S. 146, § 2. SECTION 1. This act shall not in any citation or enumeration of the utes, how cited; statutes be reckoned as one of the acts of the present year, but may be designated as the General Statutes, adding when necessary the number of the chapter and section. when to take effect; R. S. 146, § 1. repeal by, not to revive for mer laws, &c. SECT. 2. The General Statutes aforesaid shall take effect and go into operation from and after the thirty-first day of May, in the year eighteen hundred and sixty. SECT. 3. The repeal of the acts and resolves, and parts of acts and resolves, revised and reenacted herein or repugnant to the provisions R. S. 146, §§ 3,9. hereof, shall not revive any law heretofore repealed or superseded, nor any office heretofore abolished. See 1869, 410. SECT. 4. It shall not affect any act done, or any right accruing, accrued, or established, or any proceedings, doings, or acts, ratified or confirmed, or any suit or proceeding had or commenced in a civil case. before the repeal takes effect, but the proceedings therein shall when necessary conform to the provisions of the General Statutes. SECT. 5. It shall not affect any penalty or forfeiture incurred before it takes effect, under any of the laws repealed, except that where a pun ishment, penalty, or forfeiture, is mitigated by the provisions of the General Statutes, such provisions may be extended and applied to any judgment pronounced after said appeal. SECT. 6. It shall not affect any suit or prosecution pending at the time of the repeal for an offence committed, or for the recovery of s penalty or forfeiture incurred, under any of the acts repealed, except (880) |