網頁圖片
PDF
ePub 版
[merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

and peniten

R. S. 143, § 18.

SECTION 1. The state prison in Charlestown in the county of Mid-State prison dlesex shall be the general penitentiary and prison of the common- tiary establishwealth for the reformation as well as for the punishment of male offend- ed. ers; in which shall be securely confined, employed in hard labor, and R. S. 144, §§ 1, governed in the manner hereafter directed, all offenders convicted before 30. any court of this state, or, except as provided in section sixty-one of chap

1855, 489, § 19.

Concurrent ju-
risdiction of
Suffolk and
Middlesex.

R. S. 144, § 43.

11 Pick. 28.

ter one hundred and forty-four, any court of the United States held within the district of Massachusetts, and sentenced according to law to the punishment of solitary imprisonment and confinement therein at hard labor.

SECT. 2. For the purpose of all judicial proceedings, the prison and precincts thereof shall be deemed to be within and a part of the county of Suffolk as well as the county of Middlesex, and the courts and magis trates of the counties of Suffolk and Middlesex shall have concurrent jurisdiction of all crimes and offences committed within the same. SECT. 3. All process to be served within the precincts of the prison served within. shall be directed to and served and returned by the warden or his deputy.

Process, how

R. S. 144, § 25.

Governor and council may provide additional cells and R. S. 14, § 50.

buildings.

annual visitation by; duties and power of.

SECT. 4. The governor with the advice and consent of the council may from time to time cause additional buildings to be erected, or alterations to be made in the existing buildings of the prison, so that there shall be at all times as many separate cells as there are convicts in the prison. He may in like manner cause such additions or alterations to be made as are found necessary for the accommodation of the officers required by law to reside constantly within the precincts of the prison.

SECT. 5. The prison shall be visited by the governor and council annually, and as much oftener as they may think proper, for the purR. S. 144, § 49. pose of examining into its concerns and ascertaining its condition. They shall inquire into all alleged abuses or neglects of duty, and may make such alterations in the general discipline of the prison as they find

may draw warrants for money appro

necessary.

SECT. 6. When an appropriation of money is made by the legislature for the support of the prison, the governor with the consent of the council shall draw a warrant in favor of the warden, either for portions R. S. 144, § 51. thereof from time to time, or for the whole amount at one time, as he

priated.

Officers.

1850, 289, § 2. 1852, 242.

1857, 122, § 1.

Appointment, &c., of inspectors.

thinks proper.

OFFICERS AND SALARIES.

SECT. 7. The officers of the prison shall consist of three inspectors, one warden, one deputy-warden, one chaplain, one physician and surgeon, one clerk, eleven turnkeys, ten permanent watchmen, and as many additional watchmen, not exceeding seven, as the warden and inspectors may find necessary, and as many assistant watchmen, not exceeding five, as the warden may deem necessary.

SECT. 8. The inspectors shall be appointed by the governor with the advice and consent of the council, subject to removal in like manner. 1850, 37, §§ 1, 2, Those now in office shall continue so for the terms of their respective

3, 4.

warden, chaplain, physician, and surgeon. R. S. 144, § 4.

deputy-warden and other officers. R. S. 144, §5. 1857, 122, § 1.

appointments unless sooner removed by the governor and council. One inspector shall be appointed annually in April for three years; and the governor shall annually in the same month designate one inspector to act as chairman. Appointments to fill vacancies caused by death, resignation, or removal before the expiration of terms, shall be for the residue only of such terms; and no inspector shall be reappointed until one year after the expiration of his term.

SECT. 9. The warden, chaplain, and physician and surgeon, shall be appointed by the governor with the advice and consent of the council, and commissioned to hold their offices during the pleasure of the

executive.

SECT. 10. The deputy-warden and all other officers except the assistant watchmen shall be appointed by the warden, subject to the approval of the inspectors, and shall hold their offices during the pleasure of the warden and inspectors; but if the warden thinks any such officer ought to be removed, and the inspectors do not consent thereto, the warden may appeal to the governor and council, who after reason

able notice to the inspectors may make such removal. The assistant watchmen shall be appointed by the warden, and shall hold office during his pleasure.

R. S. 144, § 6.

port appointments.

SECT. 11. The warden shall immediately report to the inspectors all Warden to reappointments made by him. SECT. 12. Neither the warden nor any officer appointed by the war- Officers to have den and inspectors shall be employed in any business for private emol- no other busiument, or which does not pertain to the duties of his office.

ness.

R. S. 144, § 7.

cers, and how

R. S. 144, §8. 1854, 270, §1. 1855, 334, § 1. 1857, 122, § 2. 1857, 196, § 1.

cept, &c.

SECT. 13. The officers of the prison shall receive the following an- Salaries of offinual salaries, viz.: each inspector, two hundred dollars; the warden, paid. No pertwenty-five hundred dollars; the deputy-warden, fifteen hundred dol- quisites, exlars; the chaplain, eleven hundred dollars; the physician and surgeon, seven hundred dollars; the clerk, twelve hundred dollars; each turnkey, eight hundred dollars; each watchman, seven hundred and fifty dollars; and each assistant watchman, six hundred dollars; payable in monthly payments by the warden out of the treasury of the prison, and in full for all services. No other perquisite, reward, or emolument, shall be allowed to or received by any of them, except that there shall be allowed to the warden and deputy-warden sufficient house room with fuel and light for themselves and families.

INSPECTORS.

1859, 240.

duty of.

SECT. 14. The inspectors shall from time to time establish rules and Inspectors, auregulations consistent with the laws of the state, for the direction of the thority and officers of the prison in the discharge of their duty, the government, R. Š. 141, § 9. employment, and discipline, of the convicts, and the custody and preservation of the public property. As soon as may be after the establishment of any such rules and regulations, they shall cause authentic copies thereof to be laid before the governor and council, who may approve, annul, or modify, the same; and the inspectors shall cause a copy of all rules and regulations so approved to be certified as soon as may be by the clerk of the prison and delivered to the warden.

same subject.

SECT. 15. The inspectors or one of them shall visit the prison at least once in each week, and it shall be visited by the board of inspect- R. S. 141, § 10. ors once a month, and oftener if they think necessary, for the purpose of inspecting the books and all the concerns of the prison, and ascertaining whether the laws, rules, and regulations, relating to the prison, are duly observed, the officers competent and faithful, and the convicts properly governed and employed.

books, &c.,

SECT. 16. All books and documents relating to the concerns of the to examine prison shall at all times be open to the examination of the inspectors, semiannually. who shall semiannually carefully examine said books and compare them R. S. 144, § 17. with the vouchers and documents relating thereto.

SECT. 17. All bills contracted by the warden for purchases on account of the prison, shall be approved by one or more of the inspectors, before payment.

SECT. 18. The inspectors shall forthwith report to the governor and council all violations of law and omissions of duty by the warden, chaplain, or physician and surgeon, coming to their knowledge; and every officer holding his place at the pleasure of the inspectors and warden, found unfaithful or incompetent, or known to use intoxicating liquors as a beverage, shall be by them forthwith removed: the inspectors shall also on or before the fifteenth day of October in each year make a detailed report to the governor and council for the year ending on the last day of the preceding month, stating therein the names of the officers of the prison, with their several salaries, the name of each contractor in the prison, with the number of convicts employed by him, their daily pay, and the amount of their individual earnings, the num

to approve bills.

1857, 260.

to report violations of law,

&c., and make
detailed report.
1857, 40.
1858, 46,

R. S. 144, § 11.

1858, 162, § 1.

1859, 155.

ber of volumes in the prison library, and the cost of each addition to and change in the prison buildings, together with a full statement of all the concerns of the prison.

Duty of chaplain.

CHAPLAIN.

SECT. 19. The chaplain shall perform divine service in the chapel of Rs. 144, § 12. the prison, instruct the convicts in their moral and religious duties, visit the sick on suitable occasions, and devote his whole time to the performance of the duties of his office.

Duty of physician and sur

geon.

R. 9. 144, § 13.

Same subject. 1859, 254.

Care and treatment of sick convicts.

PHYSICIAN AND SURGEON.

SECT. 20. The physician and surgeon shall visit the hospital of the prison at least once in each day, and as much oftener as necessary, prescribe for convicts who are sick, and attend to the regimen, clothing, and cleanliness, of such of them as are in the hospital. He shall keep a regular journal, which shall remain at the prison, of all admissions to the hospital, stating the time of admission, the nature of the disease, his prescriptions, the treatment of each patient, and the time of his discharge from the hospital, or of his death. The journal shall also contain entries of all orders given for supplies for the hospital department, specifying the articles ordered. All such orders shall be in writing, and the warden shall provide the supplies so ordered.

SECT. 21. He shall attend upon all insane convicts, and, when in his opinion it can be done without detriment or danger to the other patients or inmates of the prison shall direct their removal to the prison hospital, and see that they have sufficient daily exercise outside their cells or places of confinement.

SECT. 22. When a convict complains of such illness as requires medical aid, notice thereof shall be given to the physician, who shall R. S. 144, § 14. visit the convict, and if in the opinion of the physician the illness is such as to require his removal to the hospital, the warden may order such removal, and the convict shall remain in the hospital until the physician determines that he may leave it without injury to his health.

Warden to give bond.

R. S. 144, § 15.

Removal of convicts to state prison.

WARDEN AND DEPUTY-WARDEN.

SECT. 23. Before the warden enters upon the duties of his office, he shall give bond to the commonwealth in the sum of twenty thousand dollars, with sufficient sureties to be approved by the governor and council, conditioned that he shall faithfully account for all money placed in his hands as treasurer, and perform all the duties incumbent on him as warden. Such bond with the approval of the sureties indorsed thereon shall be filed in the office of the treasurer of the commonwealth. SECT. 24. When the warden receives a warrant from a sheriff in the manner prescribed in chapter one hundred and seventy-four, requiring R. S. 144, § 29. him to cause a convict to be removed from the jail to the state prison pursuant to his sentence, he shall by himself or such person as he appoints for the purpose, as soon as may be, cause such warrant to be duly executed, make return of the manner in which he has caused the same to be executed, file the warrant and the return, with the transcript of the record, in his office, and cause an attested copy of the warrant and of his return thereon to be filed in the office of the clerk from whence it was issued. All sheriffs, jailers, and other officers, are enjoined, if need be, to aid the warden or person by him appointed in the execution of such warrant.

Residence of

SECT. 25. The warden and deputy-warden shall reside constantly warden and dep- within the precincts of the prison; and the deputy-warden, clerk, watch

to perform du

men, and assistant watchmen, shall perform such duties in the charge uty. Officers and oversight of the prison, the care of the property thereto belonging, ties required by and the custody, government, employment, and discipline, of the con- warden, &c. victs, as is required of them by the warden in conformity to law and 1857, 122, § 1. the rules and regulations of the prison.

R. S. 144, § 28.

tion of rules,

SECT. 26. The warden shall from time to time propose in writing to Warden may the inspectors, such alterations as he thinks advisable in the rules and propose alteraregulations for the direction of the officers and the government of the &c. prison.

R. S. 144, § 6.

charge of pris

SECT. 27. He shall have the charge and custody of all convicts in to have the prison, and shall govern and employ them in the manner prescribed oners, t. by law and pursuant to their respective sentences and the rules and R. S. 144, §§ 25, regulations of the prison, until their sentences are performed or they are otherwise discharged by due course of law.

30.

to have

SECT. 28. He shall have the charge and custody of the prison, with the lands, buildings, furniture, tools, implements, stock, provisions, and on and be treasevery other species of property pertaining thereto or within the pre- ur. S. 144, § 16. cincts thereof. He shall be treasurer of the prison, and shall receive and pay out all money granted by the legislature for the support thereof, and shall cause to be kept in suitable books regular and complete accounts of all the property, expenses, income, business, and concerns, of the establishment.

be settled an

SECT. 29. He shall, as soon as may be after the last day of Septem-accounts of, ber in each year, cause to be made full and detailed accounts, to be nually. closed on that day, of all the disbursements, expenses, receipts, and R. S. 144, § 18. profits, of the prison, accompanied by sufficient vouchers, which accounts after having been examined and approved by the inspectors shall be deposited and filed in the office of the treasurer of the commonwealth, for the inspection of the legislature.

of warden.

SECT. 30. When the office of warden is vacant, or the warden Duty of deputy, absent from the prison or unable to perform the duties of his office, the in absence, &c., deputy warden shall have the powers, perform the duties, and be subject R. S. 144, § 26. to the obligations and liabilities, of the warden.

pore.

SECT. 31: If the office of warden becomes vacant when the governor Power of inand council are not in session, the inspectors may require the deputy- spectors as to deputy-warden warden to give a bond to the commonwealth in the sum of ten thousand when the office dollars, with sufficient sureties to be by them approved, conditioned vacant. Warfor the faithful performance of the duties incumbent on him as deputy- den pro temwarden and treasurer until a warden is appointed; and from the time R. S. 144, § 27. such bond is approved, the deputy shall, so long as he performs the duties of the office, receive the salary of the warden in lieu of his former salary. If the deputy-warden does not give such bond when required, the inspectors may remove him from the office of warden and appoint a warden pro tempore, who shall give such bond and shall have the power and authority, perform the duties, and receive the salary, of the warden, until a warden is duly appointed and enters upon the discharge of the duties of the office.

CONTRACTS.

approved by

Suits thereon.

SECT. 32. All contracts on account of the prison shall be made by Contracts made the warden in writing, and when approved in writing by the inspectors by warden and shall be binding; and the warden or his successor may sue or be sued inspectors. thereon to final judgment and execution. No such suit shall abate by R. S. 144, § 19. reason of the office of warden becoming vacant, but any successor of 3 Pick. 17. the warden, pending such suit, may take upon himself the prosecution 11 Met. 137. or defence thereof, and upon motion of the adverse party and notice 11 Cush. 510. he shall be required so to do. SECT. 33. When a controversy arises respecting any contract made Warden may

9 Pick. 341.

4 Gray, 535.

« 上一頁繼續 »