ished.

thereof, shall be imprisoned in the penitentiary, at hard labor, for any space of time not more than three years nor less than six months.

Counterfeiting 37. That if any person shall stamp or otherwise counterfeit any of the gold or silver coin of gold, silver or copper currently passing in this state; or shall utter coin, how pun- and put off any such counterfeit coins, knowing them to be base and counterfeit; or shall make any instrument for counterfeiting any of the coins aforesaid, or shall aid or assist therein, every person so offending, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be imprisoned in the penitentiary, at hard labor, for any space of time not more than ten years nor less than six months.

Passing coun terfeit coins, how punished.

Duty of court and jury on trials for mur

der.

Aiders and abettors, how punished.

Lands and ten

38. That if any person shall attempt to pass any base and counterfeit coins, knowing them to be such; or shall attempt to pass any false, forged or counterfeited bank notes, knowing them to be such, every person so offending, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be imprisoned in the penitentiary, at hard labor, for any space of time not more than six years nor less than six months.

39. That in all trials for murder, the jury before whom such trial is had, if they find the prisoner guilty thereof, shall ascertain in their verdict, whether it be murder in the first or second degree; and if such prisoner be convicted by confession in open court, the court shall proceed by examination of witnesses, to determine the degree of the crime, and shall pronounce sentence accordingly.

40. That if any person shall aid, assist, abet or procure any other person to commit any one of the offences declared by this act to be criminal, and punishable by death or imprisonment in the penitentiary, every person so offending, shall be deemed guilty of a misdemeanor, and shall be imprisoned in the penitentiary, at hard labor for any space of time between the respective periods for which the principal offender could be imprisoned for the principal offence; or if the principal offender would, upon conviction, be punished with death, then such aider, assister, abettor or procurer, upon conviction, shall in like manner suffer death: and if in any case the principal offender cannot be taken so as to be prosecuted and convicted of any such offence, yet nevertheless, it shall and may be lawful to prosecute and punish every such person aiding, assisting, abetting or procuring the commission of any of the offences aforesaid, although the principal offender be not convicted thereof; but if such principal offender shall afterwards be taken and convicted, such aiders, abettors, assisters, or procurers, so convicted and punished as aforesaid, shall not be liable to a prosecution as accessories.

41. That if any person shall be convicted of any one of the offences ements of crim- specified in the thirteenth, fourteenth, thirty-fifth and thirty-sixth sections of inals bound for this act, all the estate, right, title or interest, either in law or equity, which damages in cer- such person might have had in and to any lands or tenements within this

tain cases.

state at the time of the commencement of the prosecution upon which such conviction was had, shall be bound, charged and liable for the payment of the damages which the person may have sustained, upon whose property the injury or offence for which the offender may stand convicted, was done and committed; and as against the party so injured, every gift, grant, sale, alienation or conveyance of any estate, right, title or interest, in and to any lands or tenements within this state, made or executed by the offender so convicted, after the commencement of the prosecution upon which such conviction shall be had, shall be taken, held and considered as utterly void and of no effect.

42. That where any person shall give any mortal blow, or administer any poison to another in any county within this state, and the party so stricken or poisoned shall thereof afterwards die in any other county or state, the person giving such mortal blow, or administering such poison, may be tried and convicted of murder or manslaughter, as the case may be, in the county where such mortal blow was given or poison administered.

43. That in all cases where any person shall be convicted of any offence, by this act declared criminal, the court shall declare, in their sentence, for what period of time, within the respective periods prescribed by law, such convict shall be imprisoned at hard labor in the penitentiary; and shall, moreover, determine and declare in their sentence, whether any and for what period of time such convict shall be kept in solitary confinement in the cells of the penitentiary."

44. That the mode of inflicting the punishment of death in all cases The punishunder this act, shall be by hanging by the neck, until the person so to be pun- ment of death, ished shall be dead; and the sheriff or coroner in case of the death, inability how and by or absence of the sheriff of the proper county, in which sentence of death whom inflicted. shall be pronounced by force of this act, shall be the executioner.

45. That all acts and parts of acts now in force, in any way relating to O. L. c. 180, any of the offences by this act declared criminal, and punishable by impris- 252, repealed. onment in the penitentiary, shall be and the same are hereby repealed: Provided nevertheless, That all offences committed prior to the taking effect of this act, shall be prosecuted and punished in the same manner as if this act had never been passed. This act to take effect and be in force from and after the first day of August next. [Passed, January 27, 1815,]

CHAP. CCCXXXVII.-An act to extend the time for the county commissioners to make out Expired. their duplicates of resident land tax for the year 1815.*

ed till 1st Mon

1. Be it enacted, &c. That the commissioners of the respective coun- Time of makties, shall not commence making their duplicates of resident land tax, until ing out duplithe first Monday of March, eighteen hundred and fifteen, any former law to cates suspendthe contrary notwithstanding. 2. That the auditor shall give notice of this act to the commissioners of the respective counties, on or before the first Monday of March next, who shall govern themselves accordingly.

day in March. Auditor to give notice thereof.

3. That the act entitled 'an act altering the time for the county com- Former act remissioners to make out their duplicates of resident land tax, for the year pealed. eighteen hundred and fifteen,' passed the twenty-sixth day of December, eighteen hundred and fourteen, be and the same is hereby repealed.

This

act to take effect from and after the passage thereof, and shall continue in force until the first Monday of December next and no longer. [Passed, Janary 28, 1815.]

CHAP. CCCXXXVIII.—An act making provision for carrying into effect the act for the pun- Amended, O. ishment of crimes, t L. c. 447.

c. 506, § 44.

1. Be it enacted, &c. That every person sentenced to hard labor and Repealed, Jan. imprisonment, agreeably to the directions of the act for the punishment of 29, 1821; O.L. crimes, shall, within thirty days after his or her conviction, be transported at Duty of sheriff the expense of the state, to the state prison, by the sheriff of the county in in transporting which such conviction may be had, and there delivered into the custody of criminals to the the keeper of said prison, together with a copy of the sentence of the court penitentiary; ordering such imprisonment, and of the bill of costs taxed against such offen- his compensa. der, certified under the hand and seal of the clerk of said court, there to be tion therefor. safely kept until the term of his or her confinement shall have expired, or until he or she shall be discharged by due course of law; for which service the said sheriff shall receive ten cents per mile going to, and ten cents per mile returning from the said prison, to be computed from the jail of the county in which the conviction took place, together with all reasonable expenses for transporting and securing such offender while on his way to the said prison; all which sums shall be certified by two of the inspectors hereafter mentioned, and shall be paid on their order, by the treasurer of the state, out of any moneys in his hands not otherwise appropriated.

2. That every person sentenced to hard labor and imprisonment as afore- Criminals arrivsaid, shall be separately washed, cleansed and lodged, and shall remain in ing at the penisuch separate lodging, until it shall be certified by a physician that he or she fentiary, to be may safely be admitted among the other prisoners; and the clothes which examined by a physician. the said person may wear on his or her arrival at the prison, shall either be burnt or carefully fumigated and put away, at the discretion of any two of the inspectors; and in case the said clothes be preserved, they shall be returned to the owner at the expiration of the time of his or her confinement.

Manner of

3. That all offenders, committed as aforesaid, shall, during the term of their confinement, be clothed at the expense of the state, in garments of clothing crimicoarse materials, uniform in color and make; and the males shall have the nals; manner of subsisting right side of their heads shaved close, at least once in every month; and all criminals; the said offenders shall, during the time of their confinement, be fed on coarse manner of embut wholesome food; and shall be kept, as far as may be consistent with ployment; in

spectors may their sex, age, health and ability, at hard labor, in which the work is least employ instruc- liable to be spoiled, and the materials not easily embezzled or destroyed:

ters of crimi

nals,

Hours of labor.

cancies to be filled by the governor ; in

spectors to appoint a keeper of the prison; keeper may appoint a deputy and assist ants; compen sation of the deputy and assistants; keeper to give bond and security; bond to be acknowledged.

and it shall be lawful for any two of the inspectors, when in their opinion it may be necessary to employ suitable persons to instruct the prisoners in the work in which they may be employed; and during the time of labor, and at all other times, they shall be kept as separate froin each other, as the nature of their employment and the apartments of the prison will admit.

4. That each convict shall, unless prevented by ill health, be kept at work every day in the year, Sundays only excepted; and the hours of work shall be as many as the season of the year will permit; and when the labor of each day is finished, the tools and materials, or such of them as may be easy of removal, shall be taken to places of safety until the hour of labor shall return.

Five inspectors 5. That five suitable persons shall be annually appointed by joint ballot to be appointed of the general assembly, as inspectors of said prison, who shall continue in. annually; va- office one year, and until others are chosen in their stead; and if any vacancy shall happen in the board of inspectors, by death, removal, resignation or otherwise, it shall be lawful for the governor to fill such vacancy, until the close of the next session of the legislature: and it shall be lawful for the board of inspectors to appoint a suitable person to be keeper of said prison, who shall be liable to be removed by the said inspectors, when in their opinion such removal shall be necessary: it shall be lawful for the keeper to appoint a deputy and as many assistants as the board of inspectors may authorize, subject however to be removed at the pleasure of the said board; and the said deputy and assistants shall receive such compensation for their services as the inspectors may think reasonable, to be paid out of the treasury of the state on the order of the inspectors: and before the said keeper shall enter on the duties of his office, he shall give bond with security, to be approved of by at least three of the inspectors, payable to the treasurer of the state, in the sum of two thousand dollars, upon condition that he, his deputy, and assistants, shall well and faithfully perform the duties and trusts in them reposed, which bond shall be acknowledged before one of the judges of the supreme court, president or associate judge of the court of common pleas, and recorded in the office of the secretary of state, and copies thereof legally exemplified by the said secretary shall be evidence in any court in any suit against such keeper or his sureties; and the keeper of the penitentiary shall reside in the penitentiary and occupy such part of the house as is provided for that purpose.

Inspectors to 6. That the said inspectors, any three of whom shall form a quorum, meet quarterly. shall meet in the prison one day in each quarter, and as often in the intervals of their stated meetings, as the business of the prison may require it shall be the duty of two of the inspectors, who shall be appointed by the board for that purpose, and who may be changed as often as convenience may require, to attend at the prison, at least once in every week; and the said acting inspectors, shall examine into and inspect the management of the prison and the conduct of the keeper, his deputy and assistants, and shall perform the several duties required of them by this act.

Power and duty of inspectors.

The keeper may contract for and purchase tools for the prisoners to work with.

7. That the board of inspectors, at their quarterly or other meetings, shall establish such orders and regulations for the government of the said prison, and for carrying the objects of this act into effect, as they may judge necessary, provided they are not inconsistent with the constitution and laws of this state, and that they be posted up in as many of the most conspicuous places of the prison, as may be necessary for the information of the prisoners, and all others concerned; and if the keeper, his deputy or assistants, or any one of them, shall obstruct or resist the said inspectors, or any of them, in the discharge of the duties required by this act, such person shall forfeit and pay any sum not exceeding seventy dollars, to be recovered by any one of the inspectors, before any justice of the peace having jurisdiction, which sum, when recovered, shall be applied to the use of the institution.

8. That with the approbation of any two of the inspectors, the keeper shall from time to time, procure such a quantity of working tools, machinery and stock of materials as may be necessary for the employment of the prisoners, the expenses of which shall be paid out of the state treasury, on the order of any two of the inspectors, which they are hereby authorized to draw, specifying in such orders the quantity and description of the articles so purchased, which order the auditor is hereby authorized to receive and the treas

urer to pay out of any money, not otherwise appropriated; and the keeper shall be accountable for the tools, machinery and materials so purchased, and shall have power, by and with the advice and consent of any two of the inspectors, to contract with any person or persons for the purchase of such tools, materials or other articles, as may be necessary for the labor of the prisoners, or for their clothing, diet or lodging, or for the sale and disposal of such goods, wares and merchandize as may be wrought and manufactured in said prison.

9. That it shall be the duty of said keeper to cause all accounts relating Duty of keeper to the maintainance of the prisoners to be regularly entered in a book or books, to keep acto be provided and kept for that purpose; he shall also keep separate accounts counts and subof the stock and materials so wrought and manufactured, sold and disposed mit them to the of, and of the moneys for which the same may be sold, the person to whom inspectors. sold, and the time when sold; all of which books and accounts, shall at all times be open to the examination of the inspectors, and shall be regularly laid before them, at their stated or other meetings, for their inspection and allowance, and an abstract of the expenditures, and receipts of moneys, the accounts of labor, the purchase of raw materials and sales of articles manufactured shall be laid before the legislature at their annual meetings.

10. That if the inspectors at their quarterly or other meetings, shall Duty of insuspect any fraudulent or improper charges or any omission in such accounts, spectors in exthey may examine on oath or affirmation, the keeper, his deputy or assistants, amining acor any other persons whatever, excepting persons convicted of crimes which counts. by the laws of this state disqualify them as witnesses in courts of justice, con cerning any of the articles contained in such accounts, or any omission thereout; and if any fraud shall be discovered in such accounts, the same shall be reported by the inspectors to the legislature,

11. That in order to encourage industry and reformation, the inspectors Inspectors to shall declare the portion of labor to be daily performed by each one of the apportion the convicts; and for all the labor performed by such convict beyond the por- labor of contion he or she is required to perform, such convict shall be entitled to a credit; victs. for which purpose a regular account of such surplus labor shall be kept; and at the expiration of such convict's period of confinement, the amount thereof shall be paid to him or her, in money, out of the funds of the penitentiary; and if there be no funds to pay the same, then the said amount shall be paid out of the state treasury upon the order of the inspectors, as in other cases; and if such convict at the end, or other determination of his or her confinement, shall labor under any acute or dangerous disease, he or she shall not be discharged unless at his or her own request, until he or she can be safely discharged.

12. That no person except the keeper, his deputy, assistants or servants, Manner of adjoint committees, or committees of either house of the general assembly, mitting visitappointed to examine the state of the penitentiary, or other persons producing ants and guarda written license, signed by one of the said inspectors, shall be permitted to ing the prison. enter within the walls where such offenders shall he confined; and the doors of all the lodging-rooms and cells in the said prison shall be locked, and all lights extinguished at the hour of nine, and one or more watchmen shall patrole the said prison, at least twice in every hour, until the return of the time for labor in the succeeding morning.

13. That the walls of the cells and apartments in the said prison, shall Health and Jabe whitewashed with lime and water, once in every month, or oftener if the bor of the coninspectors shall so direct, by one or more of the prisoners in rotation; and victs regulated. the said prisoners shall be allowed to walk and air themselves in the prison yard, for such time as their health may require, and the keeper in his discretion shall permit; and if proper employment can be found, such prisoners may also be permitted, with the approbation of two of the inspectors to work in the yard, provided such airing and working be in the presence or view of the keeper, his deputy or assistant.

14. That one or more of the apartments in the said prison, shall be pre- An infirmary pared for an infirmary; and in case any offender being sick, shall on exam- established and ination by a physician, be found to require it, he or she shall be removed to regulated. the infirmary, and his or her name shall be entered in a book to be kept for that purpose; and when such physician shall report to the said keeper, that such offender is in a proper condition to be removed from the said infirmary and return to his or her employment, such report shall be entered by the keeper

Offenders may be confined in the solitary cells, and for what offences.

in a book to be kept for that purpose; and the said keeper shall thereupon order him or her back to his or her former labor, so far as the same shall be consistent with his or her state of health: and the inspector shall, from time to time, appoint a physician to attend the said prison.

15. That the keeper of the said prison shall have power to punish all such prisoners, guilty of assault and battery within the said prison, when no dangerous wound or bruise is given, profane cursing and swearing, indecent behavior, idleness, or negligence in work, or wilful mismanagement of it, or disobedience to the orders and regulations authorized by this act, by confining such offenders in the solitary cells of said prison, and by keeping them upon bread and water only, for any term not exceeding five days; and if any such prisoners shall be guilty of any offence within the said prison, which the said keeper is not hereby authorized to punish, or for which he shall think the said punishment is not sufficient, by reason of the nature of the offence, he shall report the same to two or more of the inspectors, and the said inspectors, if, on inquiry, they shall think proper, may order such offender to be punished by close confinement in the said cells or dungeons, with bread and water only for sustenance, for any time not exceeding thirty days.

Sheriffs may 16. That the sheriffs of the several counties of this state, during the time command assis- they or either of them shall, agreeably to the directions of this act, be emtance in trans- ployed in conveying to the prison any person or persons sentenced to hard porting convicts labor and imprisonment as aforesaid, shall have the same power and authority to penitentiary. to secure him, her or them in any jail of this state, and to demand the assistance of any sheriff, jailer or other person in this state, in securing all such offenders, as if such sheriff were in his own proper county; and all such sheriffs, jailers and other persons, shall be aiding such sheriff or his deputy, under the same penalties, as if the said sheriff were in his proper county.

Compensation to persons taking up and securing criminals who have escaped. Penalty for introducing liquors into the prison.

Cost of prosecuting criminals, how paid.

The keeper for escape, to forfeit 50 dollars.

Persons escaping and again apprehended, how dealt with.

17. That any constable or other person, who shall take up and convey to the said prison any offender, who shall escape from his confinement, shall be allowed mileage going to and returning from said prison, at the rate of ten cents per mile, and such additional sum as the said inspectors shall think reasonable for the necessary expenses incurred; to be paid by the treasurer of the state, on orders drawn by the said inspectors or any two of them.

18. That if any keeper or other person shall introduce into, or give away, barter or sell, within the said prison, any vinous, spiritous or fermented liquor, excepting only that which the keeper shall make use of in his own family, or such as may be prescribed by an attending physician for a person in ill health, and be delivered into the hands of such physician or other person appointed to receive them, every person so offending, shall forfeit and pay the sum of ten dollars, to be recovered and applied in the manner herein before directed.

19, That the costs of prosecution against any person sentenced to hard labor and imprisonment, shall be paid by the inspectors, out of the funds of the penitentiary; and if there be no funds to pay the same, then the amount shall be paid out of the state treasury, upon the order of the inspectors as in other cases; and the compensation to the attending physician, shall also be determined, and paid by the inspectors in the same manner.

20. That if any offender or offenders confined as aforesaid, shall escape from such confinement without the knowledge or consent of the said keeper, his deputies or assistants, the said keeper shall forfeit and pay for every such escape, the sum of fifty dollars to be recovered and applied as is hereinbefore provided; but nothing in this section contained, shall be taken as extending to escapes voluntarily suffered by the said keeper, his deputies or assistants. 21 That if any prisoner sentenced to hard labor as aforesaid, shall escape, he or she, on being apprehended and returned to the said prison, shall suffer such additional confinement and hard labor, agreeable to the provisions of this act, as the board of inspectors shall adjudge and direct: Provided, That such additional confinement at hard labor shall not exceed six months over and above the time that such prisoner was absent from prison by means of such escape; nor shall it exceed six months over and above the time that such prisoner was liable to be continued in prison at the time of his escape.

Term of con- 22. That every person sentenced to imprisonment or hard labor as aforefinement in the said, shall be placed and kept in the solitary cells thereof, on low and coarse solitary cells by diet, for such part or portion of the term of his or her confinement, as the