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 nereby authorised 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 enquiry, 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, fer any time not exceeding thirty days. in penitentiary Sec. 16. Be it further enacted, That the Sheriffs may sheriffs of the several counties of this state, du- cominand as ring the time they or either of them shall, agree- sistance ably to the directions of this act, be employed transporting criminals to in conveying to the prison any person or persons sentenced to hard labor and imprisonment as aforesaid, shall have the same power and authority to secure him, her or them in any jail of this state, and to demand the assistance of any sheriff, jailor 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, jailors 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. Sec. 17. Be it further enacted, That any constable or other person, who shall take up tion to per Compensa and convey to the said prison any offender who sons, taking shall escape from his confinement, shall be al- up and secur lowed mileage going to and returning from ing criminals said prison, at the rate of ten cents per mile, who have es and such additional sum as the said inspeetors shall think reasonable for the necessary expenses incurred to be paid by the treasurer of the caped to prisoners ed state, on orders paid by the said inspectors or any two of them. Sec. 18. Be it further enacted, That if any Selling or gi keeper or other person shall introduce into or ving liquors give away, barter or sell, within the said prison, how punish any vinous, spirituous 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. Sec. 19. Be it further enacted, That the Costs of pro costs of prosecution against any person sentensecuting cri ced to hard labor and imprisonment, shall be minals how paid by the inspectors, out of the funds of the paid 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 de, termined and paid by the inspectors in the same manner. Sec. 20. Be it further enacted, That if any Keeper for offender or offenders confined as aforesaid, shall escape to for escape from such confinement, without the feit $50 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 herein before provided; but nothing in this section contained shall be taken as extending to escapes voluntarily suffered by the said keeper, his deputies or assistants. Sec. 21. Be it further enacted, That if any with prisoner sentenced to hard labor as aforesaid, Persons esca shall escape, he or she, on being apprehended ping & again and returned to the said prison, shall suffer such apprehended additional confinement and hard labor, agree- how dealt able 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. Sec. 34. Be it further enacted, That every Term of con person sentenced to imprisonment or hard labor finement in as aforesaid, shall be placed and kept in the soli- solitary cells tary cells thereof, on low and coarse diet, for by whom re gulated such part or portion of the term of his or her confinement, as the court before whom such conviction may be had, shall in their sentence direct and appoint; and the said inspectors shall have power to direct the infliction of such solitary confinement, at such intervals and in such manner as they may judge proper. Sec. 23. Be it further enacted, That when Duty of ins funds shall be in the hands of the inspectors suf- pectors in dis ficient to discharge any of the expenses, which bursement of are by this act directed to be paid by the trea- fund surer of the state, it shall be lawful for the said inspectors to discharge the said expenses out of any monies so in their hands, and state the sum in their accounts to be laid before the legisla ture. Sec. 24. Be it further enacted, That the inDuty & com spectors, at their first meeting after their appoint-pensation of ment, shall elect by ballot a president and clerk inspectors & of their own body; and each of the said inspec- keeper tors shall receive the sum of two dollars per day, Orders to be presented to the auditor Preamble for each and every day necessarily employed on the duties of their appointment, on an order drawn on the treasurer of this state, by the president of the board of inspectors, by order of the board; and the keeper of the said prison shall be allowed the yearly sum of seven hundred dollars, to be paid quarterly by the treasurer of this state, on the certificate of the board of inspectors, that such keeper has faithfully discharged the duties required by this act: Provided, That it shall not be lawful for the inspectors to appoint a keeper until after the taking effect of the act for the punishment of crimes, and the state prison is opened for the reception of convicts. Sec. 25. Be it further enacted, That every order drawn on the state treasury by the inspectors, according to the foregoing provisions of this act, shall be presented to the auditor, who shall review and file the same, and thereupon shall issue a bill for the amount of such order, payable at the treasury as in other cases, Whereas it may be of importance that the circumstances attending the commission of the offence, and the former conduct and character of the convict should be known to the inspectors: Therefore, Sec. 26. Be it further enacted, That when Duty of the any person shall be convicted of any offence for court in pass which such person shall be sentenced to the peing sentence nitentiary, the court before whom such convic tion is had shall, before their adjournment, make out and cause to be transmitted to the said inspectors, a report or short account of the circumstances attending the crime committed by sucli convict, particularly such facts as tend to aggravate or extenuate the same: also, what character the said convict appeared on the trial to sustain ; and whether he had ever before been convicted of any felony or other infamous crime, which statement the inspectors shall cause to be entered in a book to be provided for that purpose, JOHN POLLOCK, Speaker of the house of representatives. THOMAS KIRKER, January 30, 1815. CHAPTER V. An act for the punishment of certain offences therein specified. abuse how Sec. 1. Be it enacted by the general assembly of the state of Ohio, That if any person or House-break persons shall, in the night season, unlawfully ing in the night with break and enter any mansion house, shop, attempt to open store, ship, boat or other water craft, in which commit any any person or persons shall dwell or reside, and violence or shall commit or attempt to commit any personal violence or abuse, or shall be so armed with any dangerous weapon as to indicate a violent intention, the person or persons so offending shall, upon conviction thereof, be fined in a sum not exceeding three hundred dollars, and be imprisoned not more than six months. punished. Sec. 2. BE it further enacted, That if any House-break person or persons shall, in the day time, unlaw- ing in the fully break open and enter any mansion house, day time shop, store, ship, boat or other water craft, in with attempt which any person or persons shall or may dwell to commit a ny abuse or or reside, and shall commit or attempt to com- violence how mit any personal abuse, force or violence, he, punished she or they so offending shall, upon conviction thereof; be fined in a sum not exceeding one F |