No. 155.

AN ACT

Relative to the Schuylkill county prison, and to discharged convicts; to the election of school directors, councilmen, town clerk, and to the appointment of an auctioneer in the borough of Pottsville; to the divisions of the borough of Minersville into wards; and relative to the road laws in Frailey township, in the county aforesaid.

SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the new prison erected by the commissioners of the county of Schuylkill, shall, when completed, be known and called by the name of "The Name of new Schuylkill County Prison," and shall be managed by the board of Prison in Schuyl county commissioners, who shall take charge of said prison as is herein provided for.

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SECTION 2. That the following rules and regulations for the govern- Rules and regument of said prison are hereby enacted and established:

ARTICLE I-COUNTY COMMISSIONERS AND THEIR

DUTIES.

They shall hold stated meetings once a month, and adjourned and special meetings whenever necessary; they shall annually nominate, and with the approbation of the Court of Quarter Sessions, appoint a keeper, matron, and physician, for the prison, and shall fix their salaries or compensation, as well as that of all other persons employed in and about the prison, a majority of said commissioners shall constitute a board, and may do any act or acts required of said commissioners, and shall, with the approbation of the Court of Quarter Sessions of said county, make such rules for the internal regulation and government of the prison as shall not be inconsistent with the Constitution and laws of this Commonwealth, or the principles of separate confinement, as set forth and declared by this act; they shall direct the manner in which all bedding, clothing, provisions, and all articles and supplies, necessary for the support and employment of the person's confined in said prison, shall be purchased, and also the sale of all articles manufactured therein, and shall direct the manner in which the convicts confined in said prison shall be employed; they shall determine the quantity and the kind of food that shall be furnished, daily, to each person confined in said prison, and the debtor's apartment; they shall determine the bedding of all convicts, prisoners, and debtors, the form and color of the uniform of male convicts, and the kind of dress to be worn by female convicts and prisoners, in summer and winter; they shall, at least, by one of their number, visit the prison and apartment for debtors, at least once a week, and oftener, if necessary, to see that the duties of the several officers and attendants are correctly and strictly performed; and to prevent all oppression, peculation, or other abuse, or mismanagement of said prison, they shall, on their visits to the cells, and to the debtor apartment, speak to each person confined therein, and shall not be attended by any of the officers of the prison, unless the said officers are thereto especially required by them; they shall, if required, be furnished by the keeper with a calendar of the persons confined in said prison, and shall, by

lations.

actual inspection, see whether all persons named in said calendar are confined in the respective cells and apartments assigned to them, and the convicts employed as directed; they shall have power to examine any person, upon oath or affirmation, relative to any abuse or oppression in said prison, or other matter, within the purview of their duties; they shall, at all times, after the annual period of appointing, have power, with the approbation of two of the judges of the Court of Quarter Sessions, the president being one, to dismiss the keeper, matron, or physician, and to supply vacancies thus, or otherwise, occurring; they shall, on or before the second Monday of the first term of the Court of Quarter Sessions, in every year, make a report, in writing, to the said court, of the state of said prison; the report shall contain the number of prisoners in confinement, their age, sex, alleged place of nativity, time of commitment, for what offence, noticing those who escaped, died, were pardoned or discharged; also such observations on the efficiency of the system of separate confinement as may be the result of their experience and give such information as they may deem expedient for making said prison effectual in the punishment and reformation of offenders; whereupon the said court may take such order on said report as they shall think proper and cause said report to be filed in the office of the clerk of the court aforesaid.

ARTICLE. II.-KEEPER AND HIS DUTIES.

The keeper shall reside in the prison, or institution, and not absent himself for a night, without the consent of one of the commissioners, in writing; he shall visit every cell, and apartment, and see, and inspect the condition of every person confined under his care, at least, twice every day, and oftener, if practicable; and when visiting the departments of the females, shall be attended by the matron; he shall keep a journal into which shall be regularly entered the reception, discharge, death, pardon, or escape of any prisoner, the complaints that are made, and the punishments inflicted for the breach of prison discipline, as they occur, the visits of commissioners and physicians, and all other occurrences of note that concern the state of the prison; he shall, with the advice of the commissioners, appoint the under-keepers, if, in the opinion of the commissioners, any be necessary, and dismiss them whenever he thinks proper, or the commissioners direct him to do so; he shall report all infractions of the rules to the commissioners, and, with the approbation of one of them, punish the offender in such manner as shall be directed by the rules to be enacted by the commissioners, as herein before provided for; he shall take charge, keep, and preserve all money, effects and clothes found on persons brought into the prison, to be confined as convicts or prisoners, and shall deliver the same to them, or their order, when discharged; he shall see that all meals are regularly delivered to the prisoners, according to the prison allowance, and superintend the work of such as are employed; he shall give immediate notice to the physician whenever any person confined shall complain of such illness as to require medical aid; he shall obey all legal orders given by the commissioners, and all rules established for the government of said prison as herein before provided for; he shall not be present when the commissioners make their stated visits to the prisoners, unless thereto required by the commissioners.

ARTICLE III.-MATRON AND HER DUTIES.

The matron shall reside in the prison or institution, and not absent herself for a night, without the consent of the keeper and one of the

commissioners, in writing; she shall visit every cell, and apartment, occupied by the females, and see, and inspect the condition of every female prisoner, at least twice every day; she shall, at all times, keep the keeper faithfully informed of every fact of importance, relative to the persons, cells, and all other matters under her care; she shall direct the labor and occupation of the female prisoners under the general direction of the keeper, and give such instruction as may tend to their reformation and render them useful members of society.

ARTICLE IV.-UNDERKEEPERS AND THEIR DUTIES.

The underkeepers shall see and inspect every person committed to their care, at least three times in every day, and oftener if directed; they shall see that all meals are regularly delivered to the prisoners according to the prison allowance, and superintend under the general direction of the keeper, the work of such as are employed; they shall give immediate notice to the keeper, or in his absence to the physician, whenever any person confined shall complain of such illness as to require medical aid; the underkeepers shall have each a certain number of persons confined, assigned to their ward, and shall daily report to the keeper or any of the commissioners, and request them to visit the persons confined under his or her particular care; unless they obey all orders given by the keeper and all rules established for the government of the prison, all orders to the male under-keepers must be given through or by the keeper, and to the female-keeper through or by the keeper or matron; they shall not absent themselves from the prison, during the hours of duty, without permission, in writing, by the keeper.

ARTICLE V.-PHYSICIAN AND HIS DUTIES.

The physician shall visit every prisoner once in every fortnight, and oftener if the state of his or her health shall require it, and report in writing, once quarter-yearly, to the commissioners; he shall attend immediately, on notice from the keeper that any prisoner is sick, prescribe and administer to their need; he shall, on the reception of any prisoner into the prison as a convict, if present, or if not, at his next visit, examine the state of his or her health; he shall direct the diet of those under his care, as well as all such other matters as in his judgment will best promote the health, and convenience, and comfort of the sick.

ARTICLE VI.-TREATMENT OF CONVICTS.

On the reception of a convict he or she shall be examined by the keeper, in the presence of any of the commissioners who may be present. and the underkeepers who can conveniently attend, of his or her name, parentage, alleged place of nativity, profession, trade, or occupation, complexion, color of hair, eyes, heighth, and length of his or her feet, accurately measured, all of which shall be entered of record, in a book to be kept for that purpose, together with such other natural or accidental marks, or peculiarity of feature or appearance, as may serve to identify the person; and if the convict can write, he or she shall write his or her signature, to the description of his or her person; he or she shall then be examined by the physician, if present, of his or her health, then be stripped of all money, effects, and clothes, on their persons, all of which shall be entered of record in a book provided for

that purpose, and shall be kept, preserved, and delivered, as herein provided for; he or she shall then be bathed, cleaned, and clothed, in the uniform of the prison, and conducted to the cell assigned him or her; the females, if advisable, in the second story of the prison, numerically assigned, by which number he or she shall hereafter be known, during his or her imprisonment; no convict shall be allowed the use of ardent spirits in any form, unless under the special direction of the attending physician, nor the use of tobacco, unless so directed by the commissioners, or be permitted to receive any thing but the prison allowance; and if any person shall supply or attempt to supply a convict with any article by this clause forbidden, shall, on con viction, be fined not less than twenty nor more than one hundred dollars, and if an officer or keeper, be dismissed; no convict shall be discharged whilst laboring under a dangerous disease, although entitled thereto, unless by their own desire; the uniform of the male convicts shall be a jacket and trowsers, of cloth, of warm material for the winter and lighter material for the summer, the form and color shall be determined by the commissioners; and the kind of dress to be worn by the female convicts in summer and winter, fixed on as herein before provided for, two changes of linen shall be furnished to each convict every week in summer and one in winter; when a convict shall be discharged by the expiration of his or her time of imprisonment, or by pardon, the clothes belonging to the prison shall be taken off, and those belonging to the convict restored, together with any money or effects taken from him or her at the time of reception into prison, as herein before provided for; if he or she shall not possess any money or suitable clothing, the commissioners shall provide them with what, in their judgment may be necessary, not exceeding in money and clothing, five dollars in

amount.

ARTICLE VII.-TREATMENT OF PRISONERS-DEBTORS EXCEPTED.

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On the reception of any person for imprisonment in said prison, committed to await his or her trial, he or she shall be examined by the keeper in the presence of the officer or other person delivering said prisoner, and any of the commissioners who may be present, and those of the underkeepers who can conveniently attend, and deprived of all money and effects, clothing excepted, on their person, all of which shall be entered of record, in a book provided for that purpose, which money and effects shall be kept, preserved and delivered as hereinbefore provided for, shall be signed by the keeper and attested by the aforesaid persons who may be present at the aforesaid examination and depriva tion of him or her as aforesaid; he or she shall then, if necessary, bathed and cleaned and conducted to the cell assigned him or her, the females, if advisable and practicable, in the second story of the prison, numerically designated by which number he or she shall thereafter be known, during his or her imprisonment; they shall be provided, if in the opinion of the commissioners it is necessary for their comfort, with suitable clothing, to be worn while in prison; they shall be subject to such rules as the commissioners may adopt, in the manner herein before provided for the preservation of cleanliness, decorum, and order in the cells, among the prisoners, and may be punished by closer confinement and deprivation of food, until obedience is submitted to; no prisoner shall be discharged whilst laboring under a dangerous illness, unless by his own desire; two changes of linen shall be furnished each prisoner every week in summer and one in winter; when a prisoner shall be

discharged from imprisonment, the money and effects of which he or she was deprived when received into prison, shall be restored as hereinbefore provided for: Provided, however, That such persons shall not be compelled to labor unless at their own desire, and should any desire it, he or she shall, as soon as practicable, be put to such laber as shall be in practice in said prison, and in case of acquittal on trial, he or she shall be paid for their labor by the commissioners, out of the funds of the county, such sum as the commissioners shall judge he or she is in equity entitled to: Provided also, That any such person shall, at his or her expense, have the privilege of books to read and materials to write, subject, nevertheless, to such instructions as the commissioners may enact, by rules to be made as hereinbefore provided for.

ARTICLE VIII.-VISITORS.

The official visitors of the prison shall be the Governor, the Members of the Legislature, the Secretary of the Commonwealth, the judges of the Supreme Court, the president and associate judges, Attorney General, District Attorney, grand juries, commissioners and sheriff, of the county of Schuylkill; no person who is not an official visitor, or has not written permission, according to such rules as the commissioners may adopt as aforesaid, shall be allowed to visit the prison, except attorneysat-law, who shall be permitted to visit their clients confined for trial; none but the official visitors shall have any communication with the convicts, nor shall any visitor whatever be permitted to deliver to or receive from any convict or any other person confined, any letter or message whatever, or to supply them with any articles of any kind, excepting such letters or messages, to or from persons confined for trial, as shall first be submitted or communicated to the keeper or one of the commissioners, and by him approved of, under the penalty of one hundred dollars; any visitor who shall discover any abuse in practice of law or oppression, shall immediately make the same known to the board of commissioners or to the judges of the Court of Quarter Sessions, if any of the commissioners are implicated.

SECTION 3. That as soon as the Schuylkill county prison shall be

completed and prepared for the reception of prisoners, the county com- County commismissioners shall take charge of said prison, and thereupon issue their order sioners to take to the sheriff of said county of Schuylkill, who is hereby authorized charge of prison. and directed to execute the same, commanding him forthwith to remove and deliver to the keeper thereof all persons who shall then be confined in the old jail; they shall each be confined in the respective apartment assigned for them, and therein undergo their respective sentences or terms of imprisonment as nearly as may be practicable until the expiration of the term of such sentence or imprisonment, and until they be otherwise legally discharged.

SECTION 4. That every person who shall after the passage of this Sentences of act, be convicted in any court of criminal jurisdiction in the county of convicts. Schuylkill, of any crime or misdemeanor, excepting murder in the second degree, the punishment of which now is, or hereafter shall be, imprisonment in the State penitentiary, shall be sentenced by the proper court to undergo said punishment either in the State penitentiary, or in the Schuylkill county prison at the discretion of the court.

SECTION 5. That from and after the passage of this act, no in- Inquests. quest shall be held on the body of any person who may die during his or her confinement in the Schuylkill county prison, unless the coroner of said county be thereto required by the commissioners, except in cases of murder, suicide, manslaughter, or death caused by casualities;