P. L. 236. 14 April 1885 § 9. hereinafter provided; the prisoner shall then be examined by the clerk and superintendent in the presence of as many of the keepers as can conveniently attend; the name, height, apparel, and alleged place of nativity, trade, complexion, color of hair and eyes, and length of feet (to be accurately measured), shall be entered in a book provided for that purpose, together with such other natural and accidental marks or peculiarity of feature or appearance as may serve to identify the person, and if the convict can write, his or her signature shall be written under the description of the person. All the effects on the person of the convict, as well as the clothing, shall be taken from him or her and recorded in a book to be kept for that special purpose, and preserved under the care of the superintendent, to be restored to him or her on his or her discharge. If the convict is not in such ill health as to require to be sent to the cells or infirmary for the sick, he or she shall then be conducted to the cell assigned to him or her, numerically designated, by which he or she shall thereafter be known during his or her confinement. Dress of convicts. The uniform of the male convicts shall be a jacket and trowsers of cloth or other warm stuff for the winter, and lighter materials for the summer, the form and color to be determined by the inspectors, who shall also fix the kind of dress to be worn by the female convicts in summer and winter. Two changes of linen shall be furnished to each convict every week in summer and one in winter; no convict is to receive anything but the prison allowance. Ibid. § 10. Duties on dis 30. When a convict shall be discharged by the expiration of the term for which he or she was sentenced, or by pardon, the clothes belonging to the institution shall charge of prisoner. be taken off, and the clothing belonging to the convict restored, together with such property, if any, that was taken from him or her at the time of reception into the prison, which has not been otherwise legally disposed of; if he or she shall not possess suitable clothing, the inspectors shall provide them with what may in their judgment be necessary; the inspectors and superintendent may furnish the discharged convict with a sum of money or clothing not exceeding five dollars in Ibid. § 11. How prisoners, other than con amount. 31. All persons confined in said prison other than convicts, shall be confined in the cells, separate and apart from each other; the females to be kept in a different apartment or story of the building from the males, and apprentices and servants in victs, to be treated. separate cells, and apart from the wing or story in which sentenced prisoners are kept, so that no possible intercourse or conversation may take place among the several classes of persons so confined; and it shall be the duty of the inspectors to provide for said prisoners suitable provisions and bedding, and when necessary for their comfort, suitable coarse clothing, to be worn while in the cells in confinement, and to adopt such rules and regulations for the preservation of cleanliness, decorum and order in the cells, among the persons so confined, as may be necessary, and to punish any who offend the rules and regulations, by a closer confinement and deprivation of food, until obedience is enforced: Provided always, That the said rules and regulations be not inconsistent or contrary to the constitution of this commonwealth and the provisions of this act. No person confined in said prison, whether for trial or otherwise, shall be allowed the use of any ardent spirits, except by direction of the physician; and any one who shall supply them with it, or with wine, or any spirituous or intoxicating fermented liquor, unless by order of the physician, shall be fined fifty dollars, to be recovered as other fines are by this law made recoverable; and if an officer, be dismissed. No person confined for trial, as a disorderly apprentice or servant or vagrant, shall receive anything but the prison allowance, unless by permission of the visiting inspectors, or in cases where the health of the person so confined, in the opinion of the physician, requires it. 32. For any deficiency in keeping, furnishing and maintaining said prison, in Deficiencies to be conformity with the provisions of this act, the inspectors are authorized to apply paid out of county to the commissioners of the county of Philadelphia for such sum or sums as may be necessary or required; if it shall appear reasonable, and that the accounts of said inspectors are properly kept and adjusted, the commissioners of the said county shall draw an order on the treasurer of the county of Philadelphia for such sum or sums as may be necessary to satisfy such demands. Ibid. § 12. funds. 22 March 1886 § 5. P. L. 174. to be erected. 33. It shall be the duty of the commissioners for the erection of a new prison and a debtors' apartment within the city and county of Philadelphia, to select and Vagrant apartment purchase a suitable site in the city or county of Philadelphia, the title of which shall be vested in the commissioners of the said county, and erect thereon a building, to be called the vagrant apartment of the city and county of Philadelphia; and the expense of erecting the same shall be provided for and defrayed by the county commissioners of said county, on warrants drawn on them by the commissioners for building said prison; and the said county commissioners are hereby authorized and required to raise the money necessary therefor in any mode or manner in which money for the ordinary purposes and expenses of said county may by law be raised or obtained. Ibid. § 6. 34. All persons who may be convicted, according to the existing laws of this Who to be confined commonwealth, before the mayor, recorder or any alderman of the city of Philadelphia, or before any alderman or justice of the peace of the county of Philadel therein. P. L. 174. phia, as a vagrant or disorderly person,(7) shall be sentenced to suffer confinement, 22 March 1886 § 6. at suitable employment, in the vagrant apartment of the city and county of Philadelphia for the term of one month, and be fed, clothed and treated as convicts in the Philadelphia county prison are directed to be fed, clothed and treated. P. L. 238. 35. Provided, (m) That the inspectors may discharge persons committed as 14 April 1835 § 14. vagrants and disorderly, or send them to the house of employment of the almshouse, there to be dealt with according to the provisions of the 14th section of the Inspectors may act, passed the 5th March 1828, entitled "An act for the relief and employment discharge vaof the poor of the city of Philadelphia, the district of Southwark and the township of the Northern Liberties." grants, &c. 36. So soon as the vagrant apartment is finished, furnished and prepared for the 22 March 1886 § 7. reception of vagrants, it shall be the duty of the inspectors appointed under the P. L. 175. act entitled "A supplement to the act entitled An act to provide for the erection Inspectors to take of a new prison and a debtors' apartment within the city and county of Philadel- charge of vagrant phia, and for the sale of the county prison in Walnut street in said city,'" passed the 14th day of April, Anno Domini 1835, to take charge of the same, and to adopt such rules and regulations, and appoint such officers and keepers as they may deem necessary. apartment. 37. The provisions of the 1st section of an act to reform the penal laws of this 18 April 1857 § 1. commonwealth, approved the 17th day of January, Anno Domini 1831,(n) be and P. L. 253. the same are hereby extended to the Philadelphia county prison; and the board May discharge inof inspectors thereof are hereby authorized to discharge from prison any convict solvent convicts at who may have served his or her term of imprisonment, in the same manner and expiration of term. upon the same conditions as in said act provided in regard to the state penitentiaries. 38. The inspectors of the Philadelphia county prison shall have full power to treat prisoners, sentenced to be hanged, and who are not executed after an imprisonment of six months, as other convicts are, who are sentenced to confinement and labor. III. Of United States prisoners. 1 May 1861 § 1. P. L. 528. How to treat prisoners capitally convicted. 2 Sm. 518. 39. All sheriffs, jailers, prison-keepers and their and each and every of their 5 Dec. 1789 § 2. deputies, within the commonwealth, to whom any person or persons shall be sent or committed by virtue of legal process issued by or under the authority of the To be received in United States, shall be and they are hereby enjoined and required to receive such any prison in the prisoners into custody, and to keep the same safely, until they shall be discharged state. by due course of law; and all such sheriffs, jailers, prison-keepers and their deputies, offending in the premises, shall be liable to the same pains and penalties, and the parties aggrieved shall be entitled to the same remedies against them, or any of them, as if such prisoners had been committed to their custody by virtue of legal process issued under the authority of this state.(o) Ibid. § 3. Annual calendar to 40. A calendar of such prisoners shall, on the first day of January in every year, be made out by the respective jailers and prison-keepers in each county, upon oath or affirmation, to be administered by the president of the court of com- be furnished. mon pleas of the respective county, specifying particularly the names of such prisoners, the time of their commitment and discharge, and whether upon civil or criminal process, together with the expense of subsisting such of the said prisoners as shall have been committed for offences; which calendar shall be transmitted to the [president and supreme executive council of this state], to the How expenses to end that order may be taken for the payment of the allowances and expenses on be defrayed. the part of the United States, in and by the resolution [of congress] assumed. 41. All sheriffs, jailers, prison-keepers, and their and each and every of their 8 March 1814 § 1. deputies within this commonwealth, to whom any person or persons shall be sent 6 Sm. 118. or committed, by any order from the government of the United States, as host- Prisoners of war ages or prisoners of war, shall be and they are hereby enjoined and required to to be received. receive such person or persons into custody, and to keep them safely until they shall be discharged by order of the president of the United States; and all such sheriffs, jailers, prison-keepers and their deputies, offending in the premises, shall be liable to the same pains and penalties, and the parties aggrieved shall be entitled to the same remedies against them or any of them, as if such prisoners had been committed to their custody by virtue of legal process issued under the authority of this state. Ibid. § 2. Marshal to visit 42. It shall be the duty of the sheriffs, jailers, prison-keepers and their deputies, and each and every of them, to suffer and permit the marshal of the United States for the district of Pennsylvania, and his legal deputies, to visit all persons such prisoners. confined under the authority of this act, at all reasonable hours and times, and to have the general superintendence of persons committed as aforesaid. 43. A calendar of such persons as are committed in pursuance of this act shall (1) See Case of Aldermen, 2 Pars. 458. (1) The first part of this section supplied, supra (n) See tit. "Penitentiaries." Ibid. § 8. (0) See Spafford v. Goodell, 3 McLean 97. 6 Sm. 118. 3 March 1814 § 3. be made out on the first days of January and June in each and every year, by the respective jailers and prison-keepers, upon oath or affirmation, specifying particuCalendar to be fur- larly the names of such prisoners, the time of their commitment and discharge, nished half-yearly. and the cause, together with the expense of subsisting the said prisoners; which calendar shall be transmitted to the governor, to the end that order may be taken for the payment, agreeably to law, by the United States. 14 Feb. 1780 § 14. 1 Sm. 186. not to be carried to taverns. Nor illegal fees IV. Miscellaneous provisions. 44. And whereas many persons may suffer by the oppression and exaction of jailers and other inferior officers, in the execution of process for debt; for Prisoners for debt prevention whereof, Be it enacted, That no sheriff, under-sheriff, bailiffs or other officer or minister whatsoever, shall, at any time or times hereafter, convey or carry, or cause to be conveyed or carried, any person or persons by him or them arrested, or being in his or their custody, by virtue or color of any writ, process or warrant, to any tavern, alehouse or other public victualling or drinking-house, or to the private house of any such officer, without the voluntary consent of the person so taken or arrested; nor charge, demand, take or receive, or cause to be exacted from them. demanded, taken or received, directly or indirectly, any other or greater sum or sums of money, than is or shall be by law allowed to be taken or demanded, for such arrest, taking, detaining or waiting, till the person or persons, so arrested or in custody, shall have given in an appearance or bail, as the case shall require, or agreed with the person or persons at whose suit or prosecution he, she or they shall be taken or arrested, or until he, she or they shall be sent to the proper jail belonging to the county, city, town or place where such arrest or taking shall be; nor shall keep the person or persons so taken or arrested, in any tavern, alehouse or other public victualling house, or private house of any officer, with or without the consent of the person so arrested, above the space of twenty days; nor shall exact or take any reward, gratuity or money, for keeping the person or persons so arrested or in custody, out of jail or prison; nor shall take or receive any other or greater sum or sums of money, for one or more night's lodging, for a day's diet or for other expenses, than what shall be allowed as reasonable in such cases, by some order or orders to be made by the justices of the respective courts of common pleas within this province, at some court to be held for such county, city, town or place, where such arrest or taking shall be, who are hereby authorized and required, with all convenient expedition, to make some standing order or orders for ascertaining such expenses within their respective counties or cities. Nor to be kept in any tavern, &c., above twenty days. Nor shall any greater sum be exacted from them for expenses, &c., than fixed by the court. Ibid. § 18. Extortions by jailers, &c., how redressed. Ibid. § 19. keep tavern. 45. And for the more speedy punishing jailers, bailiffs and others employed in the execution of process, for extortions, or other abuses in their respective offices and places, Be it enacted, That upon petition of any prisoner or person being or having been under arrest, or in custody, complaining of any exaction or extortion by any jailer, bailiff or other officer or person, employed in the keeping or taking care of any jail or prison, or the arresting or apprehending of any person or persons, by virtue of any process or warrant, or any other abuse whatsoever, committed or done in their respective offices or places, unto any of his majesty's courts of record, within this province, from whence such process issued, or under whose power such jail or prison is; or to any two justices of such court, in the time of vacation; or to the judges of the supreme court, or any of them, in their respective sessions of oyer and terminer, or general jail delivery; it shall and may be lawful for the said court, justices or judges, to hear and determine the same in a summary way, and to make such order thereupon, for redressing such abuse, and punishing of such officer or person complained of, and making reparation to the party or parties injured, as they shall think just, together with the full costs of such complaint; and all orders and determinations which shall be made by the said courts, or of the said justices or judges respectively, in such summary way as herein prescribed, shall have the same effect, force and virtue, to all intents and purposes, as any other orders of the said respective courts; and obedience thereunto may be enforced, either by attachments ordered by the said respective courts, or by attachments to be issued under the seal of the said courts, by direction of the justice or judge making such order. 46. No jailer or keeper of any jail, or any sheriff(p) or under-sheriff, having the care or keeping of any jail or prison within the province of Pennsylvania, Jailers, &c., not to shall keep, or suffer to be kept, any tavern, public-house or alehouse, or shall utter or sell to any person or persons under arrest or in prison, any wine, rum, beer, ale, cider, punch or any other strong liquors, other than what shall be allowed by the justices as aforesaid, for a day's diet, or expenses, by such order to be made as aforesaid, on pain of being removed from his or their office or offices of sheriff, under-sheriff or jailer, upon complaint made, to be heard and determined upon petition, in a summary way as aforesaid, before the justices in the respective courts of common pleas for the county to which such jailer, sheriff or under-sheriff, having the keeping of any jail, does belong. (p) See tit. "Inns and Taverns." P. L. 449. for more than one 47. Whenever any person shall be sentenced to imprisonment at labor by separate 31 March 1860 § 74. or solitary confinement, for any period not less than one year, the imprisonment and labor shall be had and performed in the state penitentiary for the proper dis- Sentences to labor trict: Provided, That nothing in this section contained shall prevent such person year. from being sentenced to imprisonment and labor, by separate or solitary confinement in the county prisons now or hereafter authorized by law to receive convicts of a like description:(q) And provided also, That no convict shall be sentenced by any court of this commonwealth, to either of the penitentiaries thereof, for any term which shall expire between the 15th of November and the 15th of February of any year. Ibid. § 75. Sentences for less ment. 48. No person shall be sentenced to imprisonment at labor, by separate or solitary confinement, for a period of time less than one year, except in the counties where, in the opinion of the court pronouncing the sentence, suitable prisons have been than one year, and erected for such confinement and labor; and all persons sentenced to simple simple imprisonimprisonment, for any period of time, shall be confined in the county jail where the conviction shall take place: Provided, That in the counties where suitable prisons for separate or solitary confinement at labor do not exist, and the sentence shall be for less than one year, simple imprisonment shall be substituted in all cases for the separate and solitary confinement at labor required by the “Act to consolidate, revise and amend the penal laws of this commonwealth.' victs. P. L. 462. 49. It shall be the duty of the wardens or superintendents of the several peni- 1 May 1861 § 1. tentiaries and prisons of this commonwealth in which criminals are confined, who have been convicted and sentenced, by any court of justice of this state, to undergo Record to be kept an imprisonment of more than six months, to keep a book, in which shall be of behavior of conentered the name of each person so confined, and a record of every infraction or violation by him or her, of the printed and published rules of such penitentiary or prison, with the punishment, if any, inflicted on account thereof, which said book shall be laid before the inspectors, at their regular stated meetings, for examination and approval. Ibid. § 2. 50. Every prisoner or convict, sentenced as aforesaid, who shall have no such infraction or violation of the said rules recorded against him or her during any Deduction to be month of the first year of his or her imprisonment, shall be entitled to a deduc- made from sention from the term of his or her sentence of one day for the first month, of two tence, in case of additional days for the second month, and of three additional days for the third good conduct, &c. and each of the remaining months of the said first year of imprisonment; and shall also be entitled, for continued good conduct during the second year, to a similar deduction of four days for each month during which he or she shall not have violated the rules aforesaid, and to a deduction of one additional day per month for each succeeding year, until the expiration of the tenth year, and to an additional deduction of two days per month during each year of the remainder thereof: Provided, That it shall be lawful for the inspectors of said penitentiaries or prisons, if any such convicts or persons shall wilfully infringe or violate any of said rules or regulations, or offend in any other way, to strike off the whole or any part of the deduction which may have been obtained previous to the date of such offence.(r) Ibid. § 8. Inspectors may 51. The said inspectors shall have full power and authority to discharge the said criminals whenever they shall have served out the term of their sentence, less the number of days to which they are entitled under the provisions of this discharge. act. Ibid. § 4. 52. The said inspectors shall direct the warden or superintendent to give to each prisoner who may, in consequence of good conduct, be discharged at an earlier Certificates of good period than he would otherwise have been entitled to, a certificate thereof, stating conduct to be therein the number of days that have been deducted from his original sentence, given. for good conduct. (q) See act 8 February 1842, §§ 1, 10, P. L. 12, as to Chester and Dauphin counties; act 8 February 1848, § 4, P. L. 404, as to Berks county; act 19 February 1850, § 3, P. L. 94, and act 19 January 1863, § 2, P. L. 4, as to Lancaster county; act 8 April 1851, § 17, P. L. 394, as to Montgomery county; and act 1 April 1852, § 4, P. L. 215, as to Schuylkill county. (r) This section was held to be unconstitutional, as an interference with the judgment of the court, in Commonwealth v. Halloway, 42 P. S. 446. But the judges were not unanimous on this point, and the prisoners were remanded, because the court would not interfere with the discretion vested in the inspectors by the act. JOINT DEBTORS. See JUDGMENT. JOINT-STOCK COMPANIES. 1. Joint-stock companies, how formed. Statement to be signed and acknowledged. Term. Amend ments. 2. Liability of members. Executions regulated. 3. Style of association. To be affixed to place of business, and used in all contracts, &c. Omission of word "limited," to render members individually liable. 4. Interests declared personal property. Transfer. 5. Interest of transferee. Determination of value of interests. 6. Annual meetings. Election of managers. Salaries. Contracts to be in writing and signed by two managers. 2 June 1874 § 1. P. L. 271. Joint-stock companies, how formed. Statement to be signed and acknowledged. Term. 7. Dividends to be declared. 8. Loans of credit, &c., forbidden. 10. Distribution of assets. Liquidating trustees. 13. To apply to existing cases. 14. Capital may be subscribed in real or personal estate. 15. Former contributions in property to be valid. 16. How real estate to be held. Suits regulated. 17. Service of process on joint-stock companies. 1. When any three or more persons may desire to form a partnership association,(s) for the purpose of conducting any lawful business or occupation, within the United States or elsewhere, whose principal office or place of business shall be established and maintained within this state, by subscribing and contributing capital thereto, which capital shall alone be liable for the debts of such associa tion,(t) it shall and may be lawful for such persons to sign and acknowledge, before some officer competent to take the acknowledgment of deeds, a statement, in writing, in which shall be set forth the full names of such persons, and the amount of capital of said association subscribed for by each; the total amount of capital, and when and how to be paid; the character of the business to be conducted and the location of the same; the name of the association, with the word "limited" added thereto as part of the same; the contemplated duration of said association, which shall not in any case exceed twenty years, and the names of the officers of said association, selected in conformity with the provisions of this act. And any amendment of said statement shall be made only in like manner; which said statement and amendments shall be recorded in the office of the recorder of deeds of the proper county. 2. The members of any such partnership association shall not be liable under any judgment, decree or order which shall be obtained against such association, or for any debt or engagement of such company, further or otherwise than is hereinafter provided; that is to say, if any execution, sequestration or other process in the nature of execution, either at law or in equity, shall have been issued against the property or effects of the company, and if there cannot be found sufficient thereof, whereon to levy or enforce such execution, sequestration or other process, then such execution, sequestration or other process may be issued against any of the members to the extent of the portions of their subscriptions, respectively, in the capital of the Executions regu- association, not then paid up: Provided always, That no such execution shall issue Amendment. Ibid. § 2. Liability of members. lated. Ibid. § 3. Style of assocía tion. To be affixed to against any member, except upon an order of court, or of a judge of the court in which the action, suit or other proceeding shall have been brought or instituted; and the said court or judge may compel the production of the books of the association, showing the names of the members thereof and the amount of capital remaining to be paid upon their respective subscriptions, and from them, or other sources of information, ascertain the truth in regard thereto, and may order execution to issue accordingly; and the said association shall be and it is hereby required to keep a subscription-list book for that purpose, and the same shall be open to inspection by the creditors and members of the association at all reasonable times.(u) 3. The word "limited" shall be the last word of the name of every partnership association, formed under the provisions of this act; and every such association shall paint or affix, and shall keep painted or affixed, its name on the outside of every office or place in which the business of the association is carried on, in a place of business. conspicuous position, in letters easily legible; and shall have its full name mentioned in legible characters in all notices, advertisements and other official publications of such association, and in all bills of exchange, promissory notes, checks, orders for money, bills of lading, invoices, receipts, letters and other writings used And used in all contracts, &c. (s) A joint-stock company is a quasi corporation, and liable as such in double or treble damages in trespass under the act 8 May 1876, P. L. 142. Coal Co. v. Rogers, 108 P. S. 147. (t) Under this act, the subscriptions must have been paid in cash. Bement v. Brick Machine Co., 12 Phila. 494. Keystone Boot and Shoe Co. v. Shoellkopf, 11 W. N. C. 132. But see infra 14. (u) To charge members as general partners they must be sued as such. Brown v. Syphon Co., 18 W. N. C. 114. But creditors are not confined to the remedy provided by this section, the parties are liable to a common law action as general partners where the certificate of organization is defective. Van Horn v. Corcoran, 127 P. S. 255. Where it is proposed to charge the individual members, the rule to show cause must be served upon the member sought to be charged, and if he be a non-resident, the court will make such order as to the manner of service as the case requires. Lauder v. Tillia, 117 P. S. 304. |