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Proviso

2d proviso

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Proviso

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Luzerne, and terminate at or near the village of Hazleton, in said county. Provided, That whenever the president and managers shall sue for and recover the penalty or penalties prescribed by law against any person or persons evading or attempting to evade the payment of tolls on the said road, they shall also recover the cost of suit. Provided further, That no part of this set shall authorize the taking of any property by said company, unless the same be previously paid for, or adequate security given for the payment thereof.

SECTION 5. The president and managers of the said road shall make, or cause the same to be made, not less than forty or more than fifty feet in width, and at least twenty feet thereof shall be made an artificial road in the following manner, to wit: All the timber shall be taken out by the roots and removed from the road, which shall, where the original location is level, or nearly so, be at least two feet higher in the centre than at the sides; it shall be well and sufficiently ditched so as to carry off the water and keep the road in its foundation firm and dry. It shall be constructed of firm and substantial materials composed of wood, gravel, stone, slate, sand or other hard substance, such as the nature of the ground along which the road may pass will admit of, so as to secure a solid foundation and smooth and firm surface and a well made, permanent highway, and so nearly level in progress that it shall in no place rise or fall more than will form an angle of five degrees with a horizontal line; and the said president and managers shall erect permanent bridges, with sufficient abutments and piers over all the streams of water crossing the said road, and shall keep the said road and bridges in perfect order and repair. Provided, That if in the opinion of the said president and managers any part of the ground on the route of said road shall be so hard and compact as to make a good road without any covering of wood, gravel, stone, slate or other hard substance, the said president and managers are hereby authorized to construct such part of the said road without any such covering, and shall keep the said road in perfect order and repair.

SECTION 6. If the said company shall not proceed to carry on the said work within one year after the passage of this act, or shall, within five years thereafter, complete the same according to the true intent and meaning of this act, then, or in either of those cases, all and singular the rights, liberties, privileges and franchises hereby granted shall revert to the Commonwealth.

SECTION 7. The election of president, treasurer, secretary and managers of said company shall be held annually on the second Monday of January.

SECTION 8. The president and managers aforesaid may use May occupy and occupy any portion of the State road between Wilkes-State roadbarre and Hazleton which they may deem necessary in the location and construction of the said turnpike.

WM. A. CRABB,

Speaker of the House of Representatives.
JN. H. EWING,

Speaker of the Senate.

DAVID R. PORTER.

APPROVED-The fifteenth day of April, Anno Domini, eighteen hundred and forty-one.

Wilkesbarre to Hazleton

[No. 88.]

AN ACT

Relative to the Dauphin County Prison.

,,Name

Inspectors

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 Dauphin, shall, when completed, be known and called by the name of "the Dauphin county prison,' and shall be managed by a board of inspectors, consisting of six discreet and reputable citizens, resident taxables in the county of Dauphin, who shall serve without any pecuniary compensation, three of whom shall be appointed on the third Appointment Monday of April, one thousand eight hundred and forty-one, and classificaby the court of quarter sessions of said county, one to serve tion one year, one to serve two years, and one to serve three years, and in like manner on the day aforesaid, three by the county commissioners, for the same terms of time; and annually thereafter, on the first Wednesday of the first court of quarter sessions of said county, in each year, the judges and commissioners aforesaid, shall each appoint one inspector, who shall serve in the manner aforesaid three years, and until their successors shall be appointed. In case of vacancy by death, resignation Vacancy or otherwise, the same shall be supplied as soon as conveniently may be, by the body who appointed the individual causing the vacancy, of which vacancy, if any occur, notice shall forthwith be given by the president of the board of inspectors, to the body having the power to supply; and the inspectors first chosen under this act, shall take charge of said prison, as is hereinafter provided for.

Keeper, ma-
tron, &c

Salaries
Quorum

Rules

Bedding, clothing, &e

Food

SECTION 2. The following rules and regulations for the government of said prison, are hereby enacted and established,

ARTICLE 1.-INSPECTORS AND THEIR DUTIES.

They shall, at their first meeting, and annually thereafter, appoint of their number a president and secretary; they shall Meetings, &c keep regular minutes of their proceedings, 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 and compensation, as well as that of all other persons employed in and about the prison. A majority of said inspectors shall constitute a board, and may do any of the acts required of said inspectors; and shall, with the approbation of the court of quarter sessions of said county, make such rules for the internal government of said 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 persons 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 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 for male convicts, and the kind of dress to be worn by the female convicts, in summer and winter. They shall, by at least 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 thereto especially required by them. They shall, if required, be furnished by the keeper with a calender of the persons confined in said prison and debtor's apartment; and shall, by actual inspection, see whether all the persons named in said calender, are confined in the respective cells and apartment 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 and debtor's apartment, or other matter within the purview of their duties.

Uniform

Weekly visits

Calender

Abuse

They shall, at any time 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 Dismiss and or otherwise occurring. They shall, on or before the Monday supply vacanof the first term of the court of quarter sessions, in every year, cy make a report in writing to said court, of the state of said prison. The report shall contain the number of prisoners in Report 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 as to 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 two of the inspectors in writing. He shall visit every cell and apartment, and see and inspect the condition of every person confined ander 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, in 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 the inspectors and physician, and all other occurrences of note that concern the state of the prison. He shall, with the advice of the inspectors, appoint the underkeepers, if, in the opinion of the inspectors, any be necessary, and dismiss them whenever he thinks proper, or the inspectors direct him so to do. He shall report all infractions of the rules to the inspectors, 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 inspectors, as hereinbefore provided for. He shall take charge of, keep and preserve all money, effects and clothes found on persons brought into pri son, to be confined as convicts or prisoners, and shall deliver the same to them or to 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 inspectors, and all rules established for the government of said prison, as hereinbefoue provided for. He shall not be present when the inspectors make their stated visits to the prisoners under his care, unless thereto required by the inspectors.

ARTICLE III.-MATRON AND HER DUTIES.

The matron shall reside in the prison or institution, aml not absent herself for a night, without the consent of the keeper and two of the inspectors 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, have the keeper faithfully informed of every thing of importance, relative to the persons, cells, and all other matters under her care. She shall direct the labor and occupations 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 the condition of every person committed to their care, at least three times ire 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 each have a certain number of the persons confined, as-signed to his care; shall make daily report to the keeper, of their health and conduct, and shall not be present when the keeper or any of the inspectors visit the persons confined under his particular care, unless thereto required by them. They shall obey all legal orders given by the keeper, and all rules established for the government of said prison. All orders to the male underkeepers must be given through or by the keeper, and to the female keepers, through or by the keeper or matron. They shall not absent themselves from the prison during the hours of duty, without permission in writing from 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 require it,

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