Gambar halaman
PDF
ePub

Sec. 172. When any such warrant shall be returned executed, to any such magistrate, all the money or other things returned therewith shall be safely kept according to the direction of such magistrate, for the purpose of being used as evidence on any trial, and as soon as may be afterwards shall be restored to the owner or owners thereof.

Sec. 173. Whenever any such property so recovered shall be used as evidence in any criminal trial, all the costs of such search warrant, together with the costs of keeping such property, shall be taxed in the bill of cost; in all other cases the costs shall be paid by the state.

Sec. 174. Whenever any person shall be found within this state, charged with an offence committed in any other state or territory, and liable by the constitution and laws of the United States to be delivered over upon the demand of any executive of any other state or territory, any magistrate authorized to issue warrants in criminal cases may, upon complaint under oath, setting forth the crime or offence and such other matters as are necessary to bring the case within the provisions of law, issue his warrant to bring the person so charged before the same or some other magistrate within the state, to answer such complaint as in other cases.

Sec. 175. If upon the examination of any person so charged, it shall appear that there is reasonable cause to believe the complaint true, and that such person may be lawfully demanded of the executive of this state, he shall, if not charged with an offence not bailable by such magistrate if committed within this state, be required to recognize in a reasonable sum with sufficient sureties, to appear before such magistrate at some future day, allowing a reasonable time to obtain a warrant from the said executive, and to abide the order of such magistrate on such complaint. If such person shall not so recognize, he shall be committed to jail, and be there detained until he give such recognizance, or until such day. And if the person so recognizing shall fail to appear according to the conditions of his recognizance, he shall be defaulted, and like proceedings shall be had as in case of other recognizances entered into before some magistrate; but if such person shall be charged with an offence not bailable by such magistrate if committed within this state, he shall be committed to prison, and there detained until the day so appointed for his appearance before such magistrate. Yet in such case the said person shall be bailable in the same manner as he would be if such offence had been committed in this state.

Sec. 176. If the person so recognized or committed shall appear before such magistrate upon the day appointed, he shall be discharged unless he shall he demanded by some person authorized by a warrant of the executive to receive him: provided, however, that whether such person so charged be recognized, committed or discharged, any person authorized by a warrant from the executive of this state may at all times take him in custody, and the same shall be a discharge of the recognizance, if any, and shall not be deemed an escape.

Sec. 177. No warrant shall be issued in pursuance of the one hundred and seventy-fourth section of this act, until after the complainant shall have given recognizance with surety in such sum as the magistrate shall approve and direct, to pay all the costs that may accrue thereon, including the board of the person complained of, if committed to jail ; nor shall any such warrant supersede any arrest, either on civil or criminal process theretofore made, nor shall any arrest either on civil or criminal process theretofore made supersede any arrest made on any such warrant, or on any warrant issued by the executive of this state in such cases.

Sec. 178. When any person shall be sentenced to imprisonment in the state prison, the clerk of the court passing such sentence shall forthwith issue a warrant under the seal of the said court, directed to the sheriff or his deputy of the county wherein such court is held, reciting the sentence, and requiring said sheriff or deputy to take the said convict and him deliver to the warden of the said prison; and the said warden to receive said convict into his custody and him safely keep in said prison during the term specified in such sentence; and such warrant shall constitute the officer charged therewith, while he has the same in his possession for service, an officer in any county in this state into which it may be necessary for him to go, to all intents and purposes whatever.

Sec. 179. No person who shall be sentenced to imprisonment in the state prison shall have any power, during his imprisonment, to make any will or any conveyance of his property, or of any part thereof.

Sec. 180. Whenever any person shall be imprisoned in the state prison for life, or for a term of seven years or more, any creditor of such person may apply to the court of probate of the town in which the said prisoner last lived and was domiciled, in this state, or in which he shall have any estate, that letters of administration may be granted on said estate to the next of kin to said prisoner, or to any disinter

ested person, during such imprisonment; and such court is hereby authorized and empowered, after giving notice to all persons interested, to grant such petition, and to do all other things required and authorized to be done in the settlement of a deceased person's estate : provided, however, that the bond given by such administrator shall secure to such prisoner, after he shall be discharged from the state prison, whatever shall remain of his estate after payment of the debts of such prisoner, the expenses of settling his estate, and of such sums as the said court of probate may, from time to time, direct or allow for the support of the family of such prisoner ; but in case of imprisonment for life, such prisoner's estate shall be divided among the heirs at law, and distributed in the same way as though he were dead.

Sec. 181. Any administrator who shall be appointed in pursuance of the next preceding section shall have the same powers, be subject to the same liabilities, and discharge the same duties, as administrators of deceased persons estates.

An Act in relation to the Officers and Discipline of the State

Prison.

SECTION

| SECTION 1. Management of prison to be in seven 20. Powers, duties and compensation of

inspectors, appointed by general as physician. sembly.

21. Same subject. 2. Meetings of inspectors to be quarter 22. Same subject.

yearly, or special-when holden, how 23. Same subject. called, quorum, and proceedings of 24. No prisoner to be dismissed from state

one inspector to visit prison weekly. prison when sick except on his request. 3. Board to appoint warden and physi- 25. Persons licensed by inspectors may

cian-powers and duties of the board. give moral and religious instruction to 4. Same subject.

convicts. 5. Powers, duties and compensation of 26. Religious exercises may be held in the warden.

corridor. 6. Same subject.

27. Every cell to be furnished with a bible. 7. Same subject.

28. Official visitors, who. 8. Same subject.

29. No person not an official visitor to visit 9. Same subject.

prison without a written permit from 10. Same subject.

an inspector 11. Same subject.

| 30. No person to receive or deliver any 12. Warden of state prison to be keeper of message from a prisoner, not authorthe jail.

ized by the rules of the prison. 13. Fees as keeper to be credited the state. 31. Convicts to be clothed in the uniform 14. Duty of keeper of jail in relation to of the prison-to be examined by the

prisoners temporarily committed to his officers on entrance into the prison. care.

32. The effects of a convict to be taken 15. Warden's office being vacant, sheriff from him and kept till his discharge.

of Providence county to be ex officio 33. Inspectors to determine the uniform of warden.

prisoners. 16. Duties, powers and compensation of 34. No convict to receive any thing but underkeepers.

prison allowance, except by order of 17. Same subject.

the physician. 18. Same subject.

35. Penalties imposed by this act how re19. Same subject.

covered.

It is enacted by the General Assembly, as follows:

SECTION 1. The oversight, management and control of the state prison shall be vested in a board of seven inspectors, to be appointed annually by the general assembly. They shall elect their own chairman and clerk. In case the person elected clerk shall not be one of the board, he shall receive such reasonable compensation for his services, not exceeding two dollars per day for the time in which he shall be actually employed, as the said board of inspectors shall direct.

SEC. 2. The board of inspectors shall hold quarterly meetings at the prison on the second Wednesdays in the months of January, April, July and October, at which four shall constitute a quorum for doing business ; and they may hold special meetings when necessary, all the members having notice thereof; they may make all necessary rules and regulations for the internal police of said prison, for the mode of employment of the convicts imprisoned therein, and the manner and extent of the punishments to be inflicted for the breach of said rules and regulations : provided the same are not inconsistent with law; which rules and regulations are to be entered in a book kept for the purpose, and a copy thereof given to the warden and other officers of said prison. One of said board shall, at least once in every week, visit each prisoner, and in the absence of the warden and underkeepers, examine into his situation, hear any complaints that he may make, and see that the rules and regulations of the prison be strictly observed ; they shall keep a particular record of all their meetings and proceedings, of their weekly visits and complaints made to them by prisoners, whether well or ill founded.

Sec. 3. The board of inspectors shall appoint the warden and physician of the prison, and may license any proper person who will serve without compensation to visit the convicts as a moral and religious teacher. They shall advise with the warden as to the purchase of necessary supplies and provisions for the convicts, and materials to be manufactured by them, and as to the sale of all articles made in the prison. They shall annually audit the warden's accounts before they are presented to the general assembly. Each of said board shall have power to administer oaths in relation to all matters connected with the prison. The board of inspectors may remove the warden or physician at any time for good cause. They shall serve gratuitously, and during their continuance in office they shall be exempted from military duty and from serving on juries; and any inspector who shall hold that office for five years shall be exempted from such military duty ever afterward. They shall make a written report of all their doings to the general assembly at the October session in each year.

SEC. 4. The board of inspectors shall have full power and authority over the prisoners now under sentence, and over all that hereafter may be committed to said prison, to enlarge their confinement and regulate their labor by permitting them to perform labor in the corridor of said prison, or in any workshop that the general assembly may provide for that purpose ; by permitting more than one person to remain in a cell, or a nurse to be with a prisoner in his cell in case of sickness; by perinitting them to go into the yard of the prison in the day time; by admitting such communication to and from their friends and among themselves, and such books and other articles as they may deem expedient, consistent with the safe keeping of the prisoners, under such general rules and regulations as they may from time to time make.

Sec. 5. The warden shall reside at the prison, and shall not absent himself therefrom for a night without the written permission of two inspectors. He shall give bond to the state in the sum of five thousand dollars with sureties to the satisfaction of the inspectors, for the faithful performance of his duties. His compensation for his time and services shall be a sum not exceeding eight hundred dollars per annum, at the discretion of the said inspectors, in addition to the perquisites mentioned in the ninth section of this act.

Sec. 6. He shall from time to time appoint so many un. derkeepers as the board of inspectors shall advise, and may dismiss them when he thinks proper, or the board of inspectors shall direct him so to do. He shall be responsible for the faithful conduct of such underkeepers, and may require bonds with sureties from them upon their appointment.

Sec. 7. He shall keep a journal, in which he shall regularly enter the reception, discharge, death, pardon or escape of every convict; all complaints that are made to him by the convicts; all punishments by him inflicted for breach of prison discipline, and the visits of the inspectors and physicians.

Sec. 8. He shall see that the rules of the prison are strictly obeyed; that the convicts regularly receive their allowance of food and clothes ; that they are cleanly in their dress and cells, and actively engaged in the work prescribed them ; and he shall enforce obedience to the prison rules by such punishments as are prescribed therein; but neither whipping nor any other corporal punishment shall be inflicted, except under the direction of one of the inspectors.

« SebelumnyaLanjutkan »