sum than the amount of the personal expenses of the main- be made by the after July 1, 1839. 1839, 156. 24. No allowance shall be made by the commonwealth No allowance to for the maintenance and support of any prisoner in any jail commonwealth, or house of correction, after the first day of July, 1839; but the expense of maintaining and supporting all such prisoners as have no legal settlement in this commonwealth, shall be borne by the county in which such jail or house of correction is established. given to select ment in any mitted to house 25. Whenever any person shall be committed to the Notice to be house of correction in any county for any offence mentioned men, when vagabonds, &c., who in the fifth section of the one hundred and forty-third chap- have a settleter of the Revised Statutes,1 and the person so committed town, are comshall have a legal settlement in any town in this commonwealth, it shall be the duty of the master, keeper, or overseers of such house of correction, immediately to notify the selectmen of such town in writing, by mail or otherwise, of such commitment. of correction. 1843, 66, § 1. to support per to house of cor fences not men 26. Whenever any person shall be committed to any Towns not held house of correction in this commonwealth for any offence not sons committed mentioned in the fifth section of the one hundred and forty- rection, for of third chapter of the Revised Statutes,1 the expense of his tioned in R. S. safe keeping, support and maintenance, shall not be recoverable against any town in this commonwealth, but shall be paid in the manner provided by law. 143, § 5. 1843, 66, § 2. ble for more than 27. Not more than one dollar per week shall be recov- Towns not liaerable of, or demanded against, any town for the safe keep- $1 a week for ing, support and maintenance, of any person committed to oners in house any house of correction. support of pris of correction. Ibid, § 3. prisons. 28. The commissioners for the several counties, and in Inspectors of the county of Suffolk, the judge of probate, and the justices of the police court, shall be inspectors of the prisons in the 1 That is, § 5, in the text, pp. 217, 218, ante. Rs. 143, 28. 1843, 61, 2. Their duties. Keepers, masters, &c., to make returns. Duties of inspectors. To make reports. said counties, respectively, and shall, by themselves or their committee, visit and inspect the jails, houses of correction, and all other places of confinement or imprisonment, within their respective jurisdictions, and shall fully examine into every thing relating to the government, discipline and police thereof; and the keeper of each jail, and master of each house of correction, shall make returns, at least twice in each year, to the said inspectors, at such time and in such form as they shall direct, setting forth the names, ages, and residence, if known, of all persons who are or have been in custody, since the last return, the cause of their imprisonment, and the manner in which they have been treated and employed, the punishments inflicted, if any, and the names of all persons, who have died, escaped, been pardoned or discharged, with all other circumstances, required by the inspectors. 29. The said inspectors in the county of Suffolk shall, R.S. 143,29,30. by a committee of not less than three of their members, visit, and inspect twice in each year, once in June or July, and once in December, the jail, the house of correction, and all other places of imprisonment and confinement, established by law in the city of Boston; and such committee shall, as soon as may be after each inspection, make and subscribe a detailed report to the said mayor and aldermen, in relation to the prisons in the city of Boston, stating the condition of each prison, as to health, cleanliness and discipline, at the time of inspection; the number of persons confined there within the six months next preceding, or since the last inspection, and for what causes; the manner in which convicts, if any, have been employed; the number of persons usually confined in one room; the distinction, if any, usually observed in the treatment of the different classes of persons detained in such prisons; the punishments which have been inflicted; the evils or defects, if any, in the construction, discipline or management, of such prisons; the names of the prisoners, who have died, escaped, been pardoned or discharged; and whether any of the provisions of law, in relation to such prisons, have been violated or neglected, with the causes, if known, of such violation and neglect. 1 spectors. 30. Whenever the said inspectors, or any of them, shall Powers of invisit any of the said prisons, either for the purpose of in- Ibid, $ 31. spection, or any other cause, the sheriff, master, keeper, or other officer, having charge thereof, shall admit the said inspectors, when required, into every apartment of such prison, exhibit all books, precepts, documents, accounts and papers, which may be required, relating to the concerns of the prison, or to the detention or confinement of any person therein, and afford to the inspectors, or their committee, such aid as may be requested, in the performance of any part of their duties; the inspectors or their committee may examine, on oath, to be administered by one of them, either by interrogatories in writing, to be answered in writing and subscribed, or otherwise, as they may direct, any officer, keeper or other person, in relation to the concerns or management of any prison; they may also converse with any of the prisoners, apart and without the presence of any officer or keeper. of violations of law, &c. Ibid, $ 32. 31. If it shall appear to the inspectors in any county, Shall give notice from the report of their committee or otherwise, that any of the provisions of law, in relation to prisons, have been violated or neglected, in their county, they shall forthwith give notice thereof to the county or district attorney. 32. Said inspectors shall cause to be transmitted to the Inspectors to governor, on or before the second Wednesday of January, governor, copies in each year, authentic copies of any information, by them information. given to the county or district attorney, in relation to any 1840, 15, § 3. violation or neglect of the law respecting prisons, with such further statements and suggestions, as may, in their opinion, require the attention of the government. transmit to the of any such lbid, 33. 33. No sheriff, jailer, master of a house of correction, Spirit and or other officer or under keeper of any prison, shall, under prohibited, 1 The 29th section of the 143d chapter of the Revised Statutes, was so amended by stat. 1845, c. 221, that the county commissioners, by a committee of not less than two of their number, shall, twice in each year, visit and inspect all the prisons in their county, provided the interval between the visits and inspections of said prisons shall not exceed eight months. strong drink unless, &c. Classification and separation of prisoners. Ibid, § 35. Penalties for neglect of duty, &c. Ibid, § 36. any pretence, give, sell or deliver, or knowingly suffer to be given, sold, or delivered, to any person committed to jail for debt, and supported at the charge of the creditor, or to any prisoner in confinement upon conviction or charge of any offence, any spiritous liquor, or mixed liquor, part of which is spiritous, or any wine, cider, or strong beer, unless the attending physician of the prison shall certify in writing, that the health of such prisoner requires it, in which case he shall be allowed the quantity prescribed, and no more. 34. Male and female prisoners shall not be put or kept in the same room, in any jail or house of correction; nor, unless the crowded state of the jail or house of correction shall require it, shall any two prisoners, other than debtors, be allowed to occupy the same room, except for work: every jailer shall keep all persons committed for debt, separate from felons, convicts and persons confined upon a charge of felony or other infamous offence, and shall prevent all conversation between prisoners in different apartments. All minors, in prison upon conviction or charge of an offence, shall be kept separate from those, who are notorious offenders, or who have been convicted of any felony or other infamous crime: no person, committed on charge of an offence, shall be confined with a convict, nor shall any prisoner, charged with or convicted of an offence not infamous, be confined with one charged with or convicted of an infamous crime, except while at labor, or when assembled for moral or religious instruction, at which times no communication shall be allowed between prisoners of different classes. 35. If any sheriff, jailer, or master of any house of corby sheriff, jailer, rection, shall give, sell or deliver, to any prisoner in his custody, or shall willingly or negligently suffer any such prisoner to have or drink any spiritous, fermented or other strong or mixed liquor, prohibited by the thirty-third section, or shall place or keep together prisoners of different sexes, or different classes, in his custody, contrary to the provisions of the preceding section, he shall in each case forfeit for the first offence, the sum of twenty-five dollars, and for nishing, or at tempting to fur nish, spirits to 36. If any person shall give, sell or deliver, to any per- Penalty for furson committed to prison for debt, and supported at the charge of the creditor, or to any prisoner, in confinement upon conviction or charge of any offence, any spiritous or other liquors, as mentioned in the said thirty-third section, or shall have in his possession, within the precincts of any jail or house of correction, or other like place of confinement, mentioned in the one hundred and forty-third chapter of the Revised Statutes, any such liquors, with intent to convey or deliver the same to any person or prisoner confined therein, he shall be punished by fine, not exceeding fifty dollars, or by imprisonment in the county jail or house of correction, not more than two months; and no jailer, or master, or keeper of any house of correction, house of industry or work-house, shall be licensed to sell any strong or mixed liquors, as a retailer or otherwise. concerning cleanliness of of correction. 37. The keeper of each jail, and the master of every Regulations house of correction, shall see that the same is constantly health and kept in as cleanly and healthful a condition as may be, and jail, and house shall cause the whole interior thereof, including the floors, Ibid, $38. to be thoroughly whitewashed with lime, at least twice in each year; and the walls and floors of each room, while any person shall be confined therein, between the first of May and the first of November, shall be so whitewashed, once in each month, at the expense of the county: no permanent vault shall be used in any apartment, or part of any jail or house of correction, and where any such vault now exists, the same shall be securely closed up; every room, which is occupied by a prisoner, in any such prison, 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 shall be constantly kept in good order. |
