Chap. 123. 1811 ch.32, &c. Sup. Court may sentence, to hard labour' in county gaol for first offence, or house of correction. § 6. Management of labour. rules and re ject to revision of the courts. An ACT relating to the Punishment of Convicts, who may be sentenced to Solitary SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That from and after the passing of this act, whenever any perSon, convict of any crime or offence whatever, shall be duly sentenced therefor to solitary imprisonment, and confinement to hard labour for any term, not exceeding three years, such convict not having been before sentenced to a like punishment, by any court of this, or of any other of the United States, the court, before whom such conviction shall be had, may, in their discretion, order the said sentence to be executed in the common gaol, or house of correction of the county, in which the offence shall have been committed. And the keeper of such gaol, or house of correction, is hereby authorized and required to execute such sentence of solitary imprisonment, by confining the convict in one of the cells of the gaol, or house of correction, if there be any such, and if there be not, then in the most retired and solitary part of the prison, or house of correction; and during the time of such solitary confinement, the convict shall be fed with bread and water only, unless other food shall be necessary for the preservation of his or her life; and no intercourse shall be allowed with such convict, except for the conveyance of food, and other necessary purposes. SECT. 2. Be it further enacted, That the keeper of the gaol, or house of correction, to which such convict shall be committed, shall, after the expiration of the term of solitary imprisonment, furnish the convict with tools and materials to work with, in any suitable manner, in which his or her time can be usefully and profitably employed, either in the gaol, or house of correction, or within the close yard thereof, in the day time; and such convict, when set to work in the yard, shall be confined with a log and chain, or in such other manner as shall prevent his or her escape, without unnecessarily producing Sheriff to over- bodily pain, or interrupting his or her labour. And it shall be see, and make the duty of the sheriff in each county to oversee the execution gulations, sub- of all such sentences, and to make such rules and regulations, from time to time, as may best effect the purposes of this act, and to cause the same to be duly executed; and all such rules and regulations shall be reported to the Circuit Court of Common Pleas, in the county within which the gaol, or house of correction is situated, and to the Municipal Court, in the town of Boston, respectively, and may be repealed and altered by the said courts, as they shall see fit. And it shall be the duty of the keeper of such gaol, or house of correction, to report to the said courts respectively, at every session thereof, within his county, the names and condition of all such convicts in the gaol, or house of correction, and the manner in which they are treated and employed. And if any convict shall, during the time for which he or she is sentenced to hard labour, refuse or neglect, without any reasonable excuse therefor, to labour in any suitable manner, when tools and materials for that purpose are furnished as aforesaid, such convict shall, so long as Gaolers to report, at every session of the courts, the names and condition of the convicts. he or she shall so refuse or neglect to labour, be kept in soli- Punishment of tary imprisonment, and fed on bread and water only, in the those who remanner provided in the first section of this act. fuse to labour. Account of labour and of sales to be kept and reported to the court. [Power and duty of Com. Pleas, in this section, transof Sessions-1821 ch. 51.] ferred to Court Reward of la SECT. 3. Be it further enacted, That the keeper of every gaol, or house of correction, to which any such convicts shall be committed, shall cause to be kept a true account of the labour of every such convict, and of the articles manufactured or produced by each, and all other proceeds of his or her labour; and also of the cost of the materials furnished to each convict, and of all other charges and expenses attending the execution of this act; and he shall also cause to be sold the articles manufactured by each convict, or other produce of his or her labour, and keep a like account of the proceeds of such sales; all which accounts shall, from time to time, be reported and presented to the respective courts above mentioned, in the county within which the gaol, or house of correction, is situated. And if, at the expiration of the term for which any such convict shall have been sentenced, it shall appear that the proceeds of his or her labour have been more than sufficient to pay for the cost of the materials with which he or she may have been furnished, and for his or her maintenance in the gaol, or house of bour. correction, and for all other charges and expenses incurred in keeping such convict confined, and employed in manner aforesaid, the residue of such proceeds shall be paid over to such convict, for his or her own use: Provided however, that the several Proviso. courts aforesaid, if they see fit, at any time during the confinement of such convict, when it shall appear to them that the proceeds of his or her labour are more than sufficient for the purposes aforesaid, may order the residue of said proceeds, or any part thereof, to be paid over to the use of the family of such convict, if any he or she have; and in such case, the balance only of such proceeds, if any remain at the time of the discharge of such convict, shall be paid to him or her, in manner aforesaid. And all charges and expenses incurred in maintaining such convicts, and keeping them employed, excepting such as may be reimbursed by the proceeds of their labour as aforesaid, shall be paid in like manner as the expenses and charges for maintaining convicts in the State Prison are now by law payable; the accounts of the gaoler, or keeper of the house of correction, in that behalf, being first settled and allowed by the several courts aforesaid, in the counties respectively, in which the gaols, or houses of correction are situated; and the said courts are hereby authorized to order such sums as may, from time to time, be necessary, to enable the gaoler, or keeper of the house of correction, to provide such tools and materials, as aforesaid, to be advanced and paid to him, out of the treasury of the county in which 1819 ch. 163, the gaol, or house of correction, may be situated; such gaoler, or keeper of the house of correction, to be accountable, in manner above mentioned, for the expenditure of the same, and to repay the amount thereof into the said county treasury, out of the proceeds of the labour of such convicts, or out of the monies received by him, in that behalf, from the treasury of the Commonwealth. SECT. 4. Be it further enacted, That if any such convict shall Punishment of be unruly, or shall disobey any of the regulations, established the unruly. Bibles and tracts to be furnished pri soners. This section repealed1819 ch. 33. Prisoners may be sent to neighbouring county, if no suitable place in county where offence is committed. Increased runaway convicts. as aforesaid, for the government of the convicts in the gaol, or house of correction, to which he or she is committed, it shall be lawful for the sheriff of the county in which the gaol, or house of correction may be, after due inquiry into the circumstances of the case, to order such unruly or disorderly convict to be kept in solitary imprisonment, and to be fed on bread and water only, in the manner provided in the first section of this Act, for a term not exceeding ten days, for every such offence. And it shall be the duty of the gaol keeper, or keeper of the house of correction, to furnish every such convict, who may be capable and willing to read, with a copy of the Bible, and with such moral and religious tracts, as may be suited to their condition, when he can procure the same from any of the Bible Societies in the Commonwealth, or from other well disposed persons; and also to permit any minister of the gospel, who may be disposed to aid in producing the reformation of such convicts, and to instruct them in their moral and religious duties, to have access to them, when in solitary imprisonment, and at all other times, when not employed in labour, according to the provisions of this Act. SECT. 5. Be it further enacted, That when any gaol, or house of correction, shall hereafter be erected in any county, suitable apartments shall be made therein, for the purpose of solitary imprisonment; and yards shall be laid out, adjoining thereto, of sufficient dimensions for the employment of all such convicts, and enclosed with a fence, sufficiently high and strong to prevent escapes, and to prevent all access to, or intercourse with such convicts, by any persons from without the prison. And it shall be the duty of the Court of Sessions in every county in which there is now a gaol, or house of correction, suitable for the confinement of such convicts, forthwith to order such yards to be laid out and enclosed as aforesaid, adjoining to such gaol, or house of correction; and any county, which shall, for the space of two years after such order, neglect to make such yard and fence, according to the provisions of this Act, shall forfeit and pay, to the use of the Commonwealth, the sum of five hundred dollars, and the like sum for every year afterwards, during the continuance of such neglect; to be recovered on information or indictment before the Supreme Judicial Court, when sitting within or for any adjoining county. SECT. 6. Be it further enacted, That whenever it shall appear to the court, at the time of passing such sentence as aforesaid, that there is no gaol nor house of correction in the county, in which the offence may have been committed, suitable for the confinement of such convict, according to the provisions of this Act, such court may order the sentence to be executed in any neighbouring county, in which there may be a gaol, or house of correction, suited to that purpose; and every such convict shall be confined and kept at work in the gaol, or house of correction, to which he shall be so committed, in like manner, in all respects, as if the sentence had been passed in the county in which the gaol, or house of correction, is situated. SECT. 7. Be it further enacted, That if any convict, sentenpunishment of ced as aforesaid, shall escape from prison, and shall be thereof duly convicted, before any court competent to try the same, he or she shall be punished by confinement to hard labour in and within the precincts of the State Prison, in Charlestown, in the county of Middlesex, for so much of the term, for which he or she was originally sentenced, as may remain unexpired at the time of such second conviction; and shall also be further punished for such escape, by solitary imprisonment for a term not exceeding sixty days, and by confinement afterwards to hard labour for a term not exceeding ten years, in and within the precincts of the State Prison aforesaid. age Boys under years of age, and fe to State Prison SECT. 8. Be it further enacted, That if any boy, under the of sixteen years, or any female, of whatsoever shall 16 age, be convicted of any offence, for which the punishment may, by males, not to law, be confinement to hard labour for any term not exceeding be sentenced three years, such convict, not having been before sentenced to for first of a like punishment, by any court of this, or of any other of the fence. United States, he or she shall not be committed for punishment to the State Prison, but shall suffer the punishment of solitary imprisonment and confinement to hard labour, if thereto sentenced, in the common gaol, or house of correction, in the manner provided in this Act. [Feb. 19, 1819.] Add. act-1819 ch. 163. An ACT making further provision for the punishment of Robbery, Manslaughter, Chap. 124. and Felonious Assaults. 1804 ch. 123. Death for as sault and rob SECT. 1. BE it enacted by the Senate and House of Repre- 143. sentatives, in General Court assembled, and by the authority of the same, That if any person shall commit an assault upon another, and shall rob, steal, and take from his person any money, goods, or chattels, or any property, which may be the subject bery, with danof larceny, such robber, being, at the time of committing such gerous weaassault, armed with a dangerous weapon, with intent to kill or pon. maim the person so assaulted and robbed; or if any such robber, being armed as aforesaid, shall actually strike or wound the person, so assaulted and robbed; every person so offending, and every person present, aiding and abetting in the commission of such felony, or who shall be accessary thereto before the fact, by counselling, hiring, or procuring the same to be done and committed, and who shall be duly convicted thereof, shall suffer the punishment of death. SECT. 2. Be it further enacted, That if any person shall com- Punishment of mit the crime of manslaughter, and shall be thereof duly con- manslaughter. victed, every such offender shall be punished by solitary imprisonment, for such term, not exceeding six months, and by confinement afterwards to hard labour, for such term, not exceeding ten years, as the court, before whom the conviction may be, shall sentence and order; or by fine, not exceeding one thousand dollars, and imprisonment in the common gaol, for a term, not exceeding three years, at the discretion of the court, before whom the conviction may be. 1804 ch. 123, 5-ch. 143, $7. Punishment of SECT. 3. Be it further enacted, That if any person being armed with a dangerous weapon, and with intent to commit murder or robbery, shall assault another, every such offender, and every person present, aiding and abetting, or who shall be accessary before the fact, to the commission of either the offen- accessaries. ces aforesaid, by counselling, hiring, or procuring the same to be done and committed, and who shall be thereof duly convicted, shall be punished by solitary imprisonment for such term, not exceeding one year, and by confinement afterwards to hard labour, for such term, not exceeding twenty years, as the court, before whom the conviction may be, shall sentence and order. [Feb. 19, 1819.] Chap. 125. An ACT in addition to an Act, entitled, "An Act for regulating Pilotage in several Ports in this Commonwealth, and for otherwise regulating the Pilotage of the Port of Boston." [Feb. 19, 1819.] Repealed-1819 ch. 45. 1796 ch. 85. Chap. 1. Chap. 2. An ACT to annex Daniel Kimball, and George Griffin, to the East Parish in Bradford. [June 11, 1819.] An ACT to establish the Agricultural Society, in the County of Plymouth. [June 11, 1819.] Chap. 3. 1789 ch. 51,&c. Chap. 5. 1812 ch. 23. Chap. 6. 1818 ch. 74. Chap. 7. Chap. 8. 1800 ch. 2,&c. Chap. 9. 1809 ch. 14. Chap. 10. 1803 ch. 116. Chap. 12. 1816 ch. 66. Chap. 13. Chap. 15. 1807 ch. 20. Chap. 16. Section of former Act repealed. 1809 ch. 120. An ACT to establish St. Paul's Church, in Hopkinton. [June 11, 1819.] An ACT in further addition to the several Acts for regulating the Fishery in Merrimack River. [June 11, 1819.] Further act-1819 ch. 20. An ACT to extend the time for building Oxford Bridge. [June 11, 1819.) An ACT in addition to an Act, entitled "An Act to incorporate the President, Directors and Company of the Bank of Portland." [June 11, 1819.] An ACT to incorporate the Institution for Savings, for the Town of Portland, and An ACT to continue in force the Acts incorporating The Salem Marine Insurance An ACT in addition to an Act, entitled "An Act to incorporate Isaac Story and An ACT to incorporate The First Baptist Society, in Machias. [June 11, 1819.] An ACT respecting the Fishery in the Towns of Rehoboth and Swanzey. [June 12, 1819.] Add. act-1820 ch. 51. An ACT in further addition to an Act, entitled "An Act to incorporate the Mer- An ACT to establish the Penobscot Court House Corporation. [June 12, 1819.] An ACT to incorporate the Proprietors of the North Meeting House, in Thomas- An ACT respecting packing Pickled Fish. SECT. 1. BE it enacted by the Senate and House of Repre sentatives, in General Court assembled, and by the authority of the same, That the tenth section of an Act, entitled "An Act to prevent fraud and deception in the packing of pickled fish, and to regulate the size and quality of the casks, and the sale and exportation thereof, within and from this Commonwealth, and to repeal all laws heretofore made on this subject," passed on the sixth day of March, in the year of our Lord one thousand eight hundred and ten, be, and the same is hereby repealed. SECT. 2. Be it further enacted, That all codfish, haddock, hake, pollock, and halibut, pickled, and hereafter offered for sale, shall be packed in casks of the contents required by the first section of the above named Act each barrel to contain |