22 April 1850 § 16. P. L. 541. in committing to the house of refuge. Ibid. § 17. Judges to be official visitors. To examine into all commitments. If satisfied, to indorse order of de 27. It shall be the duty of any alderman or justice aforesaid, committing a vagrant, or incorrigible or vicious infant as aforesaid, in addition to the adjudication reDuties of justices quired by the 6th section of this act, to annex to his commitment the names and residences of the different witnesses examined before him, and the substance of the testimony given by them respectively, on which the said adjudication was founded.. 28. It shall be the duty of the president judge(9) [judges] of the court of common pleas *** of Allegheny county, *** alternately, in such manner as may be arranged between them, at a joint meeting, for that purpose, from time to time, held, to visit the said house of refuge, at least once in two weeks, or oftener, if to said judges it shall seem requisite; and it shall be the duty of the judge so visiting the house of refuge, carefully to examine into all the commitments to the said house of refuge, made by the aldermen or justices aforesaid, that have not previously been adjudged upon by one of the said judges in the manner hereinafter directed, which commitments it shall be the duty of the managers truly and correctly to lay before such judge; and on such examination such judge shall have produced before him by the managers aforesaid, their superintendent or agent, the infant or infants described in such commitment and the testimony upon which he or she shall have been adjudged a fit subject for the guardianship of the said managers, or on which he or she shall be claimed to be held as such. And if, after examining the infant and such testimony, the said judge shall be of opinion that, according to the laws of this commonwealth regulating the control of infants, a case has been established which, in his opinion, would, according to law, authorize the transfer of the parental authority over such infant, to the managers of the said house of refuge, then and in that case it shall be the duty of the said judge, to indorse an order on the commitment of the alderman or justice, or direct the infant to be continued under the guardianship of the said managers, after which it shall be lawful for the said managers to exercise over all such infants the powers Otherwise to dis- and authorities given them by this act; but if the said judge shall be of opinion that such case has not been made out, he shall order such infant to be forthwith discharged, which order shall be obeyed by the managers, under the pains and Hearing to be ad- penalties provided by law against wrongful imprisonment: Provided, That it shall be the duty of said judge, at the request of such infant, or any person on his or her behalf, to transfer such hearing to the court-house of the court of which he is a member, in order that the infant may have the benefit of counsel, and compulsory process to obtain witnesses in his or her behalf, which such judge is authorized to award, as fully and amply as any judge or court could do on the hearing of a writ of habeas corpus: And provided also. That nothing in this act shall be construed to interfere with the provisions of an act for the better securing of personal liberty, and preventing unlawful imprisonment, passed on the 18th day of February 1785. tention on commitment. charge. journed to the court-house, on request. Right to habeas corpus reserved. Ibid. § 15. Power of managers to make by-laws. And to appoint officers, &c. To make annual reports. Ibid. § 19. Infants committed 29. The said managers may, from time to time, make by-laws, ordinances and regulations relative to the management, government, instruction, discipline, employment and disposition of the said children while in the said house of refuge, not contrary to law, as they deem proper; and may appoint such officers, agents and servants as they may deem necessary, to transact the business of the said corporation, and may designate their duties. And further, the said managers shall annually lay before the contributors, on the first Monday of January, and transmit to the legislature, a report, setting forth the number of children received into the said house of refuge, the disposition which shall be made of them, by instructing or employing them in the said house of refuge, or by binding them out as apprentices, the receipts and expenditures of said managers, and generally all such facts and particulars as may tend to exhibit the effects, whether beneficial or otherwise, of the said association; and the right is hereby reserved to the legis lature to alter, amend or repeal this act. 30. The children received by said managers under the conviction of any court within the said western district, shall be clothed, maintained and instructed by the by the courts to be said managers at the public expense of the proper county from which they came; (r) and the accounts of said children shall be kept by the said managers, in the same manner that the accounts of convicts in the penitentiaries are now directed to be kept by the inspectors thereof. maintained at the expense of the proper county. 16 April 1857 § 1. P. L. 219. 31. The act of assembly, approved the 22d day of April 1850, entitled "An act to secure the cities of Pittsburgh and Allegheny, and the neighborhood thereof, Maintenance fur- by damage from gunpowder; to incorporate an association for the establishment ther regulated. of a house of refuge for western Pennsylvania; and relative to the Pennsylvania State Lunatic Asylum," is hereby so amended in its 19th section, as to include in the enactment and provision therein made, also such children received by the managers of the said house of refuge as may be convicted or committed thereto agreeably to the provisions of the charter thereof, by any mayor, alderman or justice of the peace within the said western district; (s) and further, that the Mayors of cities may commit. (q) See act 14 April 1868, imposing these duties on the judges of Allegheny county, exclusively. P. L. 1099. See House of Refuge v. Indiana County, 4 Brewst. 112. (r) See Forest County v. House of Refuge, 62 P. S. 441. (s) See act 31 January 1855. P. L. 6. P. L. 219. mayor of any city within the said western district, shall have like authority with 16 April 1857 § 1. that given to aldermen and justices of the peace to commit to the custody of the managers of the said house of refuge, and any commitment heretofore made by any mayor of such city, is hereby legalized and made good. P. L. 318. 32. All persons committed to the western house of refuge shall be allowed, in 8 April 1862 § 1. all cases of sickness, spiritual advice and spiritual ministration from any recognized clergyman of the denomination to which such inmate may belong; such advice and Clergyman may ministration to be obtained within sight of the person or persons having such in- visit and minister mates in charge; but if the person or persons seeking such, desire religious conso- ern house of refuge lation, out of hearing of any officer of said institution, then, in that instance, they in case of sickness. shall not be debarred by any rule of said house of refuge.(t) to inmates of west 33. The managers of the house of refuge for western Pennsylvania shall have 11 April 1862 § 1. power to admit into said house of refuge, infants convicted of any criminal offence P. L. 425. courts to be in any district or circuit court of the United States, in and for the western district Infants convicted of Pennsylvania, in like manner as they are now authorized to admit infants con- in the federal victed in the courts of oyer and terminer and quarter sessions: Provided, That no received. such infant shall be admitted, unless residing within the western district of the supreme court of Pennsylvania. HUNTING. 1. Hunting on another's lands without license. 1 Sm. L. 229. 1. If any person or persons shall presume to carry any gun or hunt on any 9 April 1760 § 6. enclosed or improved lands of any inhabitants of this province, other than his own, unless he shall have license or permission from the owner of such lands, or Hunting on shall presume to fire a gun on or near any of the king's highways, and shall be another's lands thereof convicted(u) either upon view of any justice of the peace within this without license. province or by the oath or affirmation of any one or more witnesses, before any justice of the peace, he shall, for every such offence, forfeit the sum of forty shillings.(v) (t) See act 18 March 1875. P. L. 24. (u) The proceedings must be by summary conviction at common law. Commonwealth v. Cromley, 1 Ash. 182. (v) See the act 7 March 1821 (7 Sm. L. 386), against hunting and gunning in enclosed grounds in the counties of Philadelphia and Delaware. HUNTINGDON REFORMATORY. 28 April 1887 § 1. P. L. 63. Governor to be notified of completion of buildings, &c. Ibid. To appoint five managers. reformatory. Travelling ex- 17. Reception descriptive list. 18. Improvement, &c., to be noted. 20. Abstract to be filed in the office of the secretary of the commonwealth. 21. Inmates to be informed as to their record. Converse with managers. 22. When board may release inmates. Certificate to governor. No petitions for release. 23. Sentence for definite period. Copy of act to be furnished. 24. Proceedings for obtaining a discharge. 28. Governor to proclaim the organization, &c. 31. Requisition for parol inmate who leaves the state. 32. Punishment for violation of parol. 33. Punishment of escaped inmate. 34. Costs of trying inmates to be paid by county in which they were sentenced. 35. To be first paid by Huntingdon county. 1. Whenever the grounds shall be fitted and the buildings made ready for furniture and industrial equipments, (w) as contemplated by the act of the general assembly, approved on the eighth day of June, one thousand eight hundred and eighty-one, entitled "A supplement to an act, entitled An act to create a middle penitentiary district in this state, and to provide for the erection of a state penitentiary for the same,'" approved the twelfth day of June, Anno Domini one thousand eight hundred and seventy-eight, the commissioners, constituted by said act, shall make and transmit a certificate thereof, under their hands and seals, to the governor of this commonwealth. 2. The governor shall thereupon appoint five persons, who shall act as a board of managers of said institution, which shall be known as the "Pennsylvania Industrial Reformatory at Huntingdon." The managers shall perform the duties Name and title of required of them by this act, and shall hold meetings once a month or oftener if necessary, and shall be paid for travelling expenses ten cents per mile, computed circular. They shall hold their offices respectively for the term of ten years, except, on the first organization of the board, it shall be provided by lot that the terms of members shall terminate respectively at the end of two, four, six, eight and ten years, and they shall be so classified that the terms of the original appointees shall expire every second year. Whenever vacancies shall occur in the said board of managers, such vacancies, for the unexpired terms thereof, shall be filled by the appointment of the governor, in such manner that the principle of rotation as aforesaid shall be maintained. The governor may remove any of the managers for misconduct, incompetency or neglect of duty, after opportunity shall be given him or them to be heard upon written charges. Vacancies. Removals. 26 May 1891. P. L. 180. Charge of re- Removal. Compensation. 3. The said board of managers shall, when appointed as aforesaid, have the charge and management of the said reformatory. They shall appoint a general superintendent, chaplain and physician, and shall have power to remove them for causes impairing their faithful and intelligent administration of their office, after opportunity shall be given the officer so charged to be heard upon written charges. All other officers and employés shall be appointed and selected by the general superintendent, and shall be reported to and confirmed by the said board of managers at their next stated meeting. It shall require at least the votes of three managers to confirm any of said appointments, and upon report of the failure of any appointee to receive the three votes required to confirm his appointment, he shall be immediately discharged by the superintendent. The general superintendent shall have the power to remove any employé appointed by him, at his pleasure, and all such subordinate officers shall be appointed only after rigid examinations as to their education, trade, knowledge, moral character and fitness for the care and custody of those persons who may be assigned to the instruction and guardianship of said reformatory. The annual compensation of the general superintendent, the sereral officers and other employés, shall be fixed annually, at their first stated meet (w) See the act 18 April 1887. P. L. 119. ing after the first day of January of each year, by the board of managers in their discretion.(x) 26 May 1891. P. L. 130. P. L. 68. 4. The board of managers shall examine all the accounts and expenditures, 28 April 1887 § 3. with the vouchers for the same, relating to the business of the reformatory at least once each quarter year, and shall certify the same, with the approval or disapproval, Examination of to the governor. And they shall, at least once in each year, report to the legisla- accounts. ture, through the governor, the condition of the said reformatory, their proceedings Quarterly report to in regard to inmates, with a detailed statement of all moneys expended, together with such recommendations as they shall deem proper. the governor. Report to the legislature. Ibid. § 4. such criminals. 5. Any court in this commonwealth, exercising criminal jurisdiction, may sentence to the said reformatory any male criminal, between the age of fifteen What criminals and twenty-five years, and not known to have been previously sentenced to a state may be sentenced prison in this or any other state or country, upon the conviction in such court of to. such male person of a crime punishable under existing laws in a state prison. And the said board of managers shall receive and take into said reformatory all Managers to remale prisoners of the class aforesaid, who shall be legally sentenced on convic-ceive and retain tion as aforesaid; and all existing laws requiring the courts of this commonwealth to sentence to the state prison male prisoners convicted of any criminal offence between the ages of fifteen and twenty-five years, and not known to have been previously sentenced to a state prison in this commonwealth, or any other state or country, shall be applicable to the said reformatory, so far as to enable courts to sentence the class of prisoners so last defined to said reformatory and not to a state prison. Ibid. § 5. 6. Any person who shall be convicted of an offence punishable by imprisonment in the Pennsylvania Industrial Reformatory at Huntingdon, and who, upon such Imprisonment to conviction, shall be sentenced to imprisonment therein, shall be imprisoned be under provisions of this act. according to this act and not otherwise. Ibid § 6. general. 7. Every sentence to the reformatory of a person hereafter convicted of a felony or other crime, shall be a general sentence to imprisonment in the Pennsylvania Industrial Reformatory at Huntingdon, and the courts of this commonwealth Sentence to be imposing such sentence shall not fix or limit the duration thereof. The term of such imprisonment of any person so convicted and sentenced shall be terminated by the board of managers of the reformatory, as authorized by this act; but such imprisonment shall not exceed the maximum term, provided by law, for the crime for which the prisoner was convicted and sentenced. ers. Ibid. § 7. Transfer of certain 8. Whenever there is unoccupied room in the reformatory, the board of managers may make requisitions upon the inspectors of state prisons, who shall select such number as is required by such requisition from among the youthful prisoners to, well-behaved, and most promising convicts in the state prisons of the class authorized. described in section four of this act, and transfer them to the reformatory for education and treatment under the rules and regulations thereof; and the board of managers are hereby authorized to receive and detain, during the term of their sentence to the state prison, such prisoners so transferred; and the laws applicable to convicts in the state prison, so far as they relate to the commutation of impris- Commutation. onment for good conduct, and the provisions of this act, shall be applicable to said convicts, when transferred under this section. Ibid. § 8. 9. Every clerk of any court by which a criminal shall be sentenced to the Pennsylvania Industrial Reformatory at Huntingdon shall furnish to the officer Clerk to furnish having such criminal in charge a record containing the trial and conviction of the record of trial and defendant; and the clerk of the court shall receive such compensation as is now conviction. allowed by law for making and certifying to the record as in other criminal cases. 10. When any person has been convicted and sentenced, it shall be the duty of the sheriff of the county in which the person has been so convicted and sentenced Sheriff to deliver to deliver the said person to the proper officer or officers of said reformatory institution at Huntingdon. Ibid. § 9. convict to the offi cer of the reformatory. Ibid. § 10. 11. The board of managers shall have the power to transfer temporarily to the state prison of the proper district any prisoner who subsequently to his committal Transfer of certain shall be shown to their satisfaction to have been, at the time of his conviction, inmates from, to the state prison. more than twenty-five years of age, or to have been previously convicted of crime; and may also so transfer any apparently incorrigible prisoner, whose presence in the reformatory appears to be seriously detrimental to the well-being of the institution. And such managers may, by written requisitions, require the Recall. return to the reformatory of any person who may have be so transferred. tions. Ibid. 12. The said board of managers shall also have power to make all rules and regulations necessary and proper, and not contrary to the constitution and laws of this commonwealth, for the employment, discipline, instruction, education, Rules and regularemoval, and absolute, temporary, or conditional release of all convicts in said reformatory, and shall have authority to prevent the escape of convicts at all hazards. 13. As the aim and purposes of the industrial reformatory is to prevent young first offenders against the laws of the state from becoming criminals, and to (x) This is an amendment of § 2 of the act 28 April 1887. P. L. 63. Ibid. § 11. Aim and purpose. 28 April 1887 § 11. P. L. 63. Industrial schools authorized. Ibid. Contract system prohibited. Ibid. Self-support and reformation. Ibid. Register of date of age, &c., to be subject them while in custody in this reformatory to such remedial, preventative treatment, training and instruction as may make them honest, reputable citizens, the board of managers is authorized and hereby empowered to establish, by rules and regulations governing the superintendent and other officers, such a system of discipline for the inmates as will secure to each instruction in the rudiments of an English education, and in such manual, handicraft, skilled vocations as may be useful to each of the inmates after his discharge from the reformatory, whereby said person will be able to obtain self-supporting employment. 14. The contract system of labor shall not exist in any form whatever in said reformatory, but the prisoners shall be employed by the commonwealth. 15. It shall be the duty of said board of managers to maintain such control over all prisoners committed to their custody as shall prevent them from committing crime, best secure their self-support, and accomplish their reformation. 16. When any prisoner shall be received into the reformatory upon direct sentence thereto, they shall cause to be entered in a register the date of such admisadmission, name, sion, the name, age, nativity, and nationality of the prisoner, with such facts as can be ascertained of parentage, of early social influences as seem to indicate the constitutional and acquired defects and tendencies of the prisoner, and, based upon these, an estimate of the then present condition of the prisoner, and the best probable plan of treatment. kept. Ibid. Improvement, &c., to be noted. Ibid. § 12. Conduct record. Ibid. Filed in the office of secretary of the commonwealth. Ibid. formed as to the 17. (See table on opposite page.) 18. Upon such register shall be entered, quarterly, yearly, or oftener, minutes of observed improvement, or deterioration of character, and notes as to methods and treatment employed; also all orders, or alterations, affecting the standing or situation of such prisoner, the circumstances of the final release, and any subsequent facts of the personal history, which may be brought to their knowl edge. 19. The board of managers shall, under a system of marks or otherwise, fix upon a uniform plan, under which they shall determine what number of marks or what credit shall be earned by each prisoner sentenced under the provisions of this act, as the condition of increased privilege, or of release from their control, which system shall be subject to revision from time to time. Each prisoner so sentenced shall be credited for good personal demeanor, diligence in labor and study, and for results accomplished, and be charged for derelictions, negligences and offences. 20. An abstract of the record in the case of each prisoner, remaining under control of the said board of managers, shall be made up semi-annually, considered by the managers at a regular meeting and filed with the secretary of the commonwealth; which abstract shall show the date of admission, the age and the then present situation, whether in the reformatory, state prison, asylum or elsewhere, whether any and how much progress of improvement has been made, and the reason for release, or continued custody, as the case may be. 21. The managers shall establish rules and regulations by which the standing Inmates to be in- of each prisoner's account of marks or credit shall be made known to him, as often as once a month and oftener, if he shall at any time request it, and may make provisions by which any prisoner may see and converse with some one of said managers during every month. record. Converse with manager. Ibid. release inmates. 22. When it appears to the said managers that there is a strong or reasonable When board may probability that any prisoner will live and remain at liberty without violating the law, and that his release is not incompatible with the welfare of society, then they shall issue to such prisoner an absolute release from imprisonment, in the form provided in section fourteen of this act, and shall certify the fact of such release and the grounds thereof to the governor; and the governor may thereupon in his discretion restore such person to citizenship. But no petition or other form of application for release of any prisoner shall be entertained by the managers. Nothing herein contained shall be construed to impair the power of the governor to grant a pardon or commutation in any case. Certificate to the governor. No petitions for release. Ibid. § 13. Sentence for a definite period. Copy of act to be furnished. Ibid. § 14. Proceedings for obtaining a discharge. 23. If, through oversight or otherwise, any person be sentenced to imprisonment in the said reformatory for a definite period of time, said sentence shall not for that reason be void, but the person so sentenced shall be entitled to the benefit and subject to the liabilities of this act, in the same manner and to the same extent as if the sentence had been in the terms required by section six of this act, and, in such case, said managers shall deliver to such offender a copy of this act and written information of his relation to said managers. 24. When, in the opinion of the superintendent, after due investigation, and obtaining the opinion of the physician and moral instructor, any person confined in the reformatory has given such evidence, as is deemed reliable and trustworthy, that such person has been so improved by his treatment in said reformatory as to justify his liberation, a certificate of the fact and the opinions of the superintendent, doctor and moral instructor, under their hands and seals, shall be submitted to the board of managers; when, after due notice to all the managers at the next meeting thereafter, said board shall consider the case of the person so presented; and when the said board shall determine that such person is entitled to |