shall enure, one moiety thereof to the county where the offence was committed, and the other moiety to the person prosecuting for the same; or the same may be prosecuted for and recovered by indictment in any court of competent jurisdiction, in which case the whole of the fines, forfeitures and penalties shall enure to the county where the offence was committed ;and in all cases arising under this act in the city of Boston, (excepting where the fine, forfeiture or penalty exceeds twenty dollars,) the police court shall he held to be a court of competent jurisdiction; and the prosecutions in said court shall be by complaint or information, subject to the right of appeal to the Municipal Court; but the police court shall not have power under this act to sentence to imprisonment. Provided, that in all cases where a person shall be convicted of a breach of this act, and is unable to pay the penalty, fine or forfeiture, or fails to do it, he may be imprisoned in the jail of the county where the offence was committed, for a term of time not more than ninety days, at the discretion of the court before whotn trial has been had. Provided further, that any licensed person described in this act, being twice convicted of any breach of it, shall thereupon, in addition to the penalties herein before provided, be liable to a further punishment of not more than ninety days imprisonment, in the jail of the county within which the offence was committed, at the discretion of the court before whom trial may be had.

[15] SEC. 16. Be it further enacted, That the act for the due regulation of licensed houses, passed on the twentyeighth day of February, one thousand seven hundred and eightyseven, and the several acts in addition thereto, and all former laws on the same subject, be and the same are hereby repealed. Provided however, that nothing herein contained shall affect any suit, indictment, or other legal proceeding now com. menced or pending, or that shall be hereafter commenced for any breach of the laws which are by this section repealed, nor the rights of any person now licensed, for the remainder of the term for which they are licensed.

An Act in addition to "An Act for the due regulation of Licensed Houses." [Passed March 16, 1833.]

[17] Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That the Mayor and Aldermen of the city of Boston. be, and they hereby are authorized and empowered to grant licenses for the town of Chelsea, in the county of Suffolk, in the same manner as the county commissioners may, by the act to which this act is in addition, now grant licenses for the towns and districts in their respective counties.

CHAPTER XXIX.

Jail.

ACT OF THE LEGISLATURE.

[1] Jailer to furnish fuel to poor prisoners, allowance to be made by Court of Sessions.

[2] Mayor and Aldermen to direct rations, penalty for Jailers neglecting to provide

them-use of spirituous liquors prohibited. Penalty.

[3] Prisoners injuring the Jail, how punished.

[4] Spirituous liquors, introduction of, how prohibited.

An Act for the better regulation of Gaols, and the prisoners therein. [Passed Feb. 21, 1824.]

[1] SEC. 1. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the Gaol Keeper of each Gaol in said Commonwealth, shall furnish necessary fuel for all prisoners unable to support themselves, and confined in his respective gaol upon charge or conviction of crimes or offences against said Commonwealth, or on mesne process or execution, at the expense of the County where said gaol may be situated, and the charges therefor, shall be allowed in manner following: said goal keeper shall render on oath to the Court of Sessions of the County an account of the charges incurred by him for said fuel, and said Court shall make a reasonable allowance therefor to said gaol keeper, to be paid out of the County Treasury.

[2] SEC. 2. Be it further enacted, That whenever the Court of Sessions, or Mayor and Aldermen of the City of Boston, in their respective Counties, shall order and direct what specific rations or articles of food, soap, fuel or other necessaries shall be furnished for the prisoners confined in any such gaol by the keeper thereof, and said gaol keeper shall neglect or refuse to furnish the same accordingly, or if said gaol keeper shall give, sell or deliver, or shall knowingly suffer to be given, sold or delivered to any person who is committed to gaol, on mesne process or execution, and who is supported by his or her creditor, or to! any other person for the use of said prisoner, any spirituous liquor, unless the Physician who is authorized to at

tend upon the sick in such prison, shall certify in writing, that the health of such prisoner requires it, in which case he shall be allowed the quantity prescribed, and no more; said gaol keeper shall, for committing either of the offences, the first time, forfeit the sum of twenty-five dollars, to be recovered in an action of debt, by any person who will sue for the same, for his own use, in any Court of Common Pleas, in said County, or by indictment in said Court, in which last case the forfeiture shall be for the use of the County. And for committing either of said offences the second time, said gaol keeper shall forfeit the sum of fifty dollars, to be recovered in the manner and to the use aforesaid, and shall also be removed from his office, and be rendered and become incapable of holding the office of Sheriff, Deputy Sheriff or Gaoler for the term of five years.

[3] SEC. 3. Be it further enacted, That if any person confined in gaol, upon charge or conviction of crimes or offences against said Commonwealth, shall be unruly or disorderly, or shall wantonly break, injure, or destroy any article of bedding, furniture or the windows of said gaol, it shall be lawful for the Sheriff of the County where said gaol may be, after due inquiry into the circumstances of the case, to order such prisoner to be kept in solitary imprisonment in the most retired and solitary part of said gaol; and during such solitary imprisonment, the said prisoner shall be fed with bread and water only, unless other food be necessary for the preservation of his or her life; provided such solitary imprisonment shall not be for a longer time than ten days for every such offence. And if any person confined on mesne process, or execution, in any such gaol, shall be guilty of either of the said offences in this section mentioned, and be convicted thereof before any Justice of the Peace in said County, or before the Police Court of the City of Boston, in the County of Suffolk, on complaint made by the keeper of said goal, said Justice or Police Court, may order the same punishment of solitary cnfinement, and bread and water, and for a time not exceeding five days for any one offence, to be inflicted on said last mentioned prisoner as is above provided against said offences; but nothing herein contained shall be construed to take from the keeper of any gaol or prison the authority which is now by law vested in him to preserve order therein, and strict discipline among the prisoners.

[4] SEC. 4. Be it further enacted, That if any person shall have in his possession any spirituous liquor within the precincts of any gaol, house of correction, or prison in said Commonwealth, with an intent to convey or deliver the same without the consent of the gaol keeper of said goal, master of such house of correction, or keeper of such prison, to any prisoner

confined in any gaol, house of correction, or prison, within said Commonwealth, he shall forfeit and pay for each offence, a sum not less than five nor more than ten dollars, with costs of prosecution, to be recovered by complaint to any Justice of of the Peace for the same County, or the Police Court of the City of Boston, in the County of Suffolk, one moiety thereof to him who shall prosecute for the same, and the other moiety to the use of the Commonwealth.