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 ac cessories. in certain ea ses Sec. 41. BE it further enacted, That if any Lands & ten person shall be convicted of any one of the of ements of cri fences specified in the thirteenth, fourteenth, minals bound thirty-fifth and thirty-sixth sections of this act, for damages all the estate, right, title or interest, either in law or equity, which such person might have had in and to any lands or tenements within this 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 com. mencement of the prosecution upon which such conviction shall be had, shall be taken, held and considered as utterly void and of no effect. terwards die Sec. 42. Be it further enacted, That where Poisoning, any person shall give any mortal blow, or ad- &c. of perminister any poison to another in any county sons who af within this state, and the party so stricken or in another poisoned shall thereof afterwards die in any o- state, how ther county or state, the person giving such punished mortal blow or administering such poison may be tried and convicted of murder or manslaugh ter, as the case may be, in the county where such mortal blow was given or poison administered. Sec. 43. BE it further enacted, That in all Duty of the court in pro cases where any person shall be convicted of nouncing sen any offence, by this act declared criminal, tence on cri the court shall declare, in their sentence, for minals of death how what period of time, within the respective periods prescribed by law, such co vict 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. Sec. 44. BE it further enacted, That the Punishment mode, of inflicting the punishment of death in and by whom 2 cases under this act, shall be by hanging by inflicted the neck, until the person so to be punish d Repealing clause shall be dead; and the sheriff, or the corner, in case of the death, inability or absence of the sheriff of the proper county, in which sentence of death shall be pronounced by force of this act, shall be the executioner. Sec. 45. And be it further enacted, That all acts and parts of acts now in force, in any way relating to any of the offences by this act declared criminal, and punishable by imprisonment in the penitentiary, shall be and the same are hereby repealed: Provided nevertheless, That all offences committed prior to the taking eff ct of this act, shall be prosecuted and pun ished 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. JOHN POLLOCK, Speaker of the house of representatives. An act making provision for carrying into effect the act for the punishment of crimes. inals to the Sec. 1. BE it enacted by the general assembly of the state of Ohio, That every person Duty of she sentenced to hard labor and imprisonment, riff in trans agreeably to the directions of the act for the Porting crim punishment of crimes, shall, within thirty days penitentiary after his or her conviction, be transported at the expence of the state, to the state prison, by the sheriff of the county in which such conviction may be had, and there delivered into the custody of the keeper of said prison, together with a copy of the sentence of the court ordering such imprisonment, and of the bill of costs taxed against such offender, certified under the hand and seal of the clerk of said court, there to be sately 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 sation there His compen mile going to, and ten cents per mile returning for from the said prison, to be computed from the jail of the county in which the conviction took place, together with all reasonable expences for supporting, transporting and securing such Criminals ar offender, while on his way to 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 monies in his hands not otherwise appropriated. Sec. 2. Be it further enacted, That every riving at the person sentenced to hard labor and imprison penitentiary, ment as aforesaid, shall be separately washed, to be examin cleansed and lodged, and shall remain in such ed by a physi cian separate lodging, until it shall be certified by a physician that he or she may safely be admitted among the other prisoners; and the clothes which 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 minals Sec. 3. BE it further enacted, That all ofclothing cri fenders, committed as aforesaid, shall, during the term of their confinement, be clothed at the expence of the state, in garments of coarse materials, uniform in color and make; and the males shall have the right side of their heads shaved close, at least once in every month; and Manner of all the said offenders shall, during the time of subsisting their confinement, be fed on coarse but whole. criminals some food; and shall be kept, as far as may be consistent with their sex, age, health and ability, Manner of at hard labor, in which the work is least liable to employment be spoiled, and the materials not easily embez zled or destroyed: and it shall te lawful for any two of the inspectors, when in their opinion it Inspectors may be necessary, to employ suitable persons tu may employ." instructors of instruct the prisoners in the work in which they @riminals may be employed; and during the time of labor, · and at all other times, they shall be kept as se parate from each other, as the nature of their employment and the apartments of the prison will admit. Sec. 4. BE it further enacted, 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. Hours of la bor ally Sec. 5. BE it further enacted, That five suit- Five inspec able persons shall be annually appointed by joint tors te be ap ballot of the general assembly, as inspectors of pointed annu said prison, who shall continue in office one year, and until others are chosen in their stead; and if any vacancy shall happen in the board of Vacancies to be filled by inspectors, by death, removal, resignation or governor otherwise, it shall be lawful for the governor to fill such vacancy, until the close of the next son Keeper may appoint a de puty and as istants session of the legislature: and it shall be lawful Inspectors to for the board of inspectors to appoint a suitable appoint a kee person to be keeper of said prison, who shall be per of the pri 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 ap point a deputy and as many assistants as the board of inspectors may authorise, 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 5 and assist out of the treasury of the state on the order of ants the inspectors: and before the said keeper shall enter on the duties of his office, he shall giveKeeper to bond with security, to be approved of by at give bond & security Compensa tion of depu ty |