CHAPTER 170. Ib TITLE XXXI, this state, by the governor of any other state or territory, in any case authorized by the constitution and laws of the United States, for the delivery over of any person charged in such state or territory, with treason, felony, or any other crime, the attorney general when required by the governor, shall forthwith investigate the grounds of demand, and report to the governor all material facts which may come to his knowledge, as to the situation and circumstances of the person so demanded, and especially whether he is held in custody, or is under recognizance to answer for any offence against the laws of this state, or of the United States, or by virtue of any civil process, and also whether such demand is made conformably to law, so that such person ought to be delivered up. be arrested. SEC. 8. If the governor shall be satisfied that the demand is conformable to law, and ought to be complied with, he shall issue his warrant, under the seal of the state, authorizing the agents who make such demand, either forthwith, or at such time as shall be designated in the warrant, to take and transport such person to the line of this state, at the expense of such agents, and shall also by such warrant require the civil officers within this state, to afford all needful assistance in the execution thereof. SEC. 9. Whenever any person shall be found within this state, Persons who may be demanded by charged with any offence committed in any other state or territory, other states, may and liable by the constitution and laws of the United States to be delivered over upon the demand of the governor of such other state or territory, any court or magistrate authorized to issue warrants in criminal cases, may, upon complaint on oath, setting forth the offence, and such other matters as are necessary to bring the case within the provisions of law, issue a warrant to bring the person so charged before the same or some other court or magistrate, within this state, to answer to such complaint as in other cases. Required to recognize, &c. Refusing to re to appear, &c. ̧ SEC. 10. If, upon the examination of the person charged, it shall appear to the court or magistrate that there is reasonable cause to believe that the complaint is true, and that such person may be lawfully demanded of the governor, he shall, if not charged with a capital crime, or with murder in the first degree, be required to recognize, with sufficient sureties, in a reasonable sum, to appear before such court or magistrate at a future day, allowing a reasonable time to obtain the warrant of the governor, and to abide the order of such court or magistrate in the premises. SEC. 11. If such person shall not recognize, or if he shall be chargcognize; failing ed with a capital crime, or with the crime of murder in the first degree, he shall be committed to prison, and there detained until such day, in like manner as if the offence charged had been committed within this state; and if the person so recognizing shall fail to appear according to the condition of his recognizance, he shall be defaulted, and the same proceedings shall be had as in the case of other recognizances entered into before such court or magistrate. How to be proceeded with. SEC. 12. If the person so recognized or committed, shall appear before the court or magistrate upon the day ordered, he shall be discharged, unless he shall be demanded by some person authorized by the warrant of the governor to receive him, or unless the court or magistrate shall see cause to commit him, or to require him to recognize anew for his appearance at some other day; and if, when ordered, he shall not so recognize, he shall be committed and detained as TITLE XXXI. before; provided, that whether the person so charged shall be recog- CHAPTER 170. nized, committed or discharged, any person authorized by the warrant of the governor, may at all times take him into custody, and the same shall be a discharge of the recognizance, if any, and shall not be deemed an escape. SEC. 13. The complainant in any such case shall be answerable for Expenses, how all the actual costs and charges, and for the support in prison of any paid. person so committed, to be paid weekly or otherwise as may be ordered by the court or magistrate; and if the charge for his support in prison shall not be so paid, the jailor may, on the failure of the complainant, discharge such person from his imprisonment. SEC. 14. In all cases in which the governor is authorized by the Pardons by govconstitution to grant pardons, he may grant a pardon upon such condi- ernor. tions, and with such restrictions, and under such limitations as he may think proper, and he may issue his warrant to all proper officers to carry into effect such conditional pardon, which warrant shall be obeyed and executed, instead of the sentence, if any, which was originally awarded. ecuted and re SEC. 15. Whenever any convict is pardoned by the governor, or his Warrant for such punishment is commuted, the officer to whom the warrant for that purpose. how ex purpose is issued, after executing the same, shall make return there- turned. of under his hand, with his doings thereon, to the secretary of state, as soon as may be, and he shall also file in the clerk's office of the court in which the offender was convicted, a copy of the warrant and return certified by him, a brief abstract of which the clerk shall subjoin to the record of the conviction and sentence. TITLE XXXII. CHAPTER 171. TITLE XXXII. OF IMPISONMENT FOR OFFENCES, AND THE GOVERNMENT AND DISCI- Chapter 171. Of County Jails, and the Regulation thereof. For what purpo CHAPTER 171. OF COUNTY JAILS AND THE REGULATION THEREOF. SECTION 1. The common jails in the several counties, in the charge ses jails are to be of the respective sheriffs, shall be used as prisons, used as prisons. How jailor to ex solitary confine 1. For the detention of persons charged with offences, and duly committed for trial: 2. For the detention of persons who may be duly committed, to secure their attendance as witnesses, on the trial of any criminal cause : 3. For the confinement of persons committed pursuant to a sentence, upon conviction for an offence, and of all other persons duly committed for any cause authorized by law : And the provisions of this section shall extend to persons detained or committed by the authority of the courts of the United States, as well as the courts and magistrates of this state. SEC. 2. When any convict shall be sentenced to solitary imprisonecute sentence of ment and hard labor in any jail, the keeper thereof shall execute such sentence of solitary imprisonment, by confining the convict in one of the cells, if there be any in such jail, and if there be none, then in the most retired and solitary part of such jail. ment. Intercourse with convicts. Charges for safe SEC. 3. No intercourse shall be allowed with any convict in solitary imprisonment, except for the conveyance of food and other necessary purposes, unless some minister of the gospel shall be disposed to visit him, in the manner hereinafter provided. SEC. 4. All charges and expenses of safe keeping and maintaining keeping, &c. how convicts, and of persons charged with offences, and committed for exallowed and paid. amination or trial, to the county jail, shall be paid from the county treasury; the accounts therefor being first settled and allowed by the board of supervisors. Supervisors may provide by contract for supplies. SEC. 5. The board of supervisors may, in their discretion, provide by contract for all necessary supplies for the use of the jail, including 1840, p. 55, § 2. fuel and food, clothing, bedding, and medical attendance, for prisoners committed on criminal charges. Prisoners to be kept separate, as far as practicable. SEC. 6. It shall be the duty of the keepers of the said prisons, to keep the prisoners committed to their charge, as far as may be practi cable, separate and apart from each other, and to prevent sation between the said prisoners. prisouers; how' SEC. 7. Prisoners detained for trial may converse with their coun- Conversations by sel, and with such other persons as the keeper, in his discretion, may far permitted. allow prisoners under sentence shall not be permitted to hold any conversation with any person except the keepers or inspectors of the prison, unless in the presence of a keeper or inspector. ers. SEC. 8. Prisoners detained for trial, and those under sentence, shall Food for prison. be provided with a sufficient quantity of wholesome food, at the expense of the county; and prisoners detained for trial, may, at their own expense, and under the direction of the keeper, be supplied with any other proper articles of food. SEC. 9. It shall be the duty of the keepers of the said several prisons, whenever any person shall be sentenced to hard labor therein, and any mode of labor shall be provided, to cause such prisoner to be kept constantly employed during every day, except Sunday; and annually to account with the board of supervisors of the county for the proceeds of such labor. Duty of jailor in regard to prisoners sentenced to hard labor. 1840, p. 45, § 8. SEC. 10. The keepers of the said prisons shall respectively have Employment of power, with the consent of the supervisors of the county, from time convicts upon to time, to cause such of the convicts under their charge, as are ca- highways. pable of hard labor, to be employed upon any of the public avenues, streets, highways or other works, in the county in which such prisoners shall be confined, or in any of the adjoining counties, upon such terms as may be agreed upon between the said keepers and the officers or other persons under whose direction such convicts shall be placed. chained, &c. SEC. 11. Whenever any convicts shall be employed under the last Convicts so em section, they shall be well chained and secured; and shall be subject ployed to be to such regulations as the keeper legally charged with their custody, shall from time to time prescribe. SEC. 12. Whenever any prisoner who shall be sentenced to pay a Prisoner sentenfine and costs, or either, and to be committed until the same be paid, &c., to be shall be employed at hard labor pursuant to the foregoing provisions, discharged on he shall be allowed the sum of seventy-five cents for each day's labor, and when he shall have earned the amount of such fine and costs, he shall be discharged. ced to pay a fine, earning amount. regard to remo &c. to apply in SEC. 13. The provisions contained in chapter one hundred and for- Provisions of ty-eight, in regard to the designation of the jail of a contiguous coun- chapter 148, in ty for the use of any county; to the removal of prisoners in such ca- val of prisoners, ses; and to the removal of prisoners when danger shall be apprehen- criminal cases. ded from fire or contagious disease, shall extend to prisoners confined upon any criminal process, or for a contempt, or under sentence, in like manner as to prisoners confined in civil cases. SEC. 14. Whenever it shall appear to the circuit court for any coun- Insane convicts ty, that any convict confined in the jail thereof, has become insane, may be delivered such court may, by an order to be entered in its minutes, direct that to superintend such convict be delivered to the superintendents of the poor of the county. ents of poor. SEC. 15. The clerk of the court shall cause notice of every such Notice of order order to be served upon such superintendents, or one of them, who to be given by shall immediately take measures for the safe keeping of such insane person, in the manner provided by law. clerk, &c. SEC. 16. In each county of this state, the judge of the county court, Inspectors of jails. CHAPTER 171. TITLE XXXII. together with the county superintendents of the poor, shall be inspectors of the jails therein respectively. Powers of inspectors. Inspectors, when to visit and in. dition. SEC. 17. Such inspectors shall have power, from time to time, to visit and inspect the common jail and other county prisons, if there be any in their respective counties, and to examine and inquire into all matters connected with the government, discipline and police of such prisons. SEC. 18. It shall be the duty of such inspectors to visit and inspect spect prisons, and the said prisons, in the month of May, and also in the month of Noreport their con- vember, in every year, and at the next circuit court which shall thereafter be held in their county, to present to such court, on the first day of its sitting, a detailed report of the condition of such prisons at the time of such inspection. Report, what to contain. Keepers to admit it books, &c. SEC. 19. Such report shall state the number of persons confined in such prisons for the six months immediately preceding such inspection, and for what causes respectively; the manner in which the convicts confined in such prison during that period have been employed; the number of prisoners usually confined in one room; the distinction, if any, usually observed in the treatment of persons detained in such prisons; the evils, if any, found to exist in such prisons; and particularly whether any of the provisions of this chapter have been violated or neglected, and the causes of such violation or neglect. SEC. 20. It shall be the duty of the keepers of each of said prisinspectors, exhib. Ons to admit the said inspectors, or any of them, into every part of such prison; to exhibit to them on demand, all the books, papers, documents and accounts pertaining to the prison, or to the detention of the prisoners confined therein, and to render them every other facility in their power, to enable them to discharge the duties above prescribed. Inspectors may examine officers verse with pris on oath, and con oners. Keeper to pre SEC. 21. For the purpose of obtaining the necessary information to enable them to make such report as is above required, the said inspectors shall have power to examine, on oath, to be administered by either of the said inspectors, any of the officers of the said prisons, and to converse with any of the prisoners confined therein, without the presence of the keepers thereof, or any of them. SEC. 22. It shall be the duty of the keeper of every county prison kent calendar to to present to every circuit court to be held in his county, at the opening of such court, a calendar, stating, circuit court. When persons discharged by court. 1. The name of every prisoner then detained in [such] prison : 2. The time when such prisoner was committed, and by virtue of what process or precept: and, 3. The cause of the detention of every such person. SEC. 23. Within twenty-four hours after the discharge of any grand not indicted to be jury by any circuit court, it shall be the duty of such court to cause every person confined in such prison upon any criminal charge, who shall not have been indicted, to be discharged without bail, unless satisfactory cause shall be shown to such court for detaining such person in custody or upon bail, as the case may require, until the meeting of the next grand jury in such county. When prisoner ed on habeas SEC. 24. After the circuit court for any county shall have commennot to be remov- ced its sitting, no prisoner detained in the common jail of such county upon any criminal charge, shall be removed therefrom during such sitting by any writ of habeas corpus, unless such writ shall have been issued by such court, or shall be made returnable before it. corpus, unless, &c. |