conviction; and in default of immediate payment of said forfeiture, to commit him to the common jail of said county, there to be detained until discharged by due course of law; and every repetition of the said offence shall be considered and punished as a new offence; and every person so employed, who upon demand shall refuse to exhibit his license, shall be deemed an offender against this act; and one-half of the penalties, which may accrue under the provisions of this act, shall go to the informer, and the other half to the county in which they may happen; and any such informer, notwithstanding his interest, shall be a competent witness.(t) 24. The clerks of the courts of quarter sessions of the respective counties of this commonwealth are hereby authorized to grant separate licenses for one year, under seal of said court, to hawkers and pedlars of tin and japanned ware, and to hawkers and pedlars of clocks, upon satisfactory evidence of the good moral character of such applicant, he having first produced a receipt from the county treasurer for thirty dollars; and it shall be the duty of the said clerks respectively, upon granting such license, immediately to transmit a certificate thereof to the auditor-general, who shall charge the county treasurer with the sum so received; and the county treasurer shall receive a like commission, and be subject to the same duties, restrictions and penalties, connected with their accountability under this act, as are provided in the 5th section of the act, entitled "An act laying a duty on retailers of foreign merchandise; "(u) and the applicant shall pay to the clerk like fees as for similar services. 25. It shall be lawful for any manufacturer of tin or japanned ware, in the county of Susquehanna, to apply to the court of quarter sessions of said county for so many separate licenses, for one year, in his own name, as shall be equal to the number of venders or pedlars that he may wish to employ, paying for each license the sum mentioned in the act to which this is a supplement; and the said clerks are hereby authorized and directed to issue such licenses, designating the licenses issued to any one person numerically, and such licenses shall be as available in law in the hands and possession of any person employed by such manufacturer, as if the same had been issued in the name of the person so employed as a pedlar or vender. (v) PENALTIES. See FINES AND RECOGNIZANCES; LIMITATION OF ACTIONS; MUNICIPAL CORPORATIONS. (t) See Wolf v. Clark, 2 W. 298; and Common wealth v. Stull, 9 Luz. L. Reg. 129. (u) Act 2 April 1821, § 5. 7 Sm. 473. (v) Extended to Bradford county, by act 15 April 1851, § 9, P. L. 646. PENITENTIARIES. See HOUSE OF CORRECTION; HOUSE OF REFUGE; HUNTINGDON REFORMATORY; JAILS; I. OF THE STATE PENITENTIARIES. 1. Western penitentiary to be erected. 2. Plan thereof. 3. Eastern penitentiary to be erected. 4. Plan thereof. 5. State divided into districts. LABOR. 6. Lawrence county annexed to the western dis trict. II. OF CONVICTS TO THE PENITENTIARIES. 8. What persons to be sentenced to the penitentiaries. When sentences to expire. 9. Wardens to receive United State's prisoners. 10. How convicts in the penitentiaries to be treated. 11. Expenses of keeping convicts, how paid. Of accounts of the inspectors. Salaries to be paid by the state. 12. Expenses of removing convicts to be paid by the counties. 13. Convicts to be employed in behalf of the state. 14. And inmates of reformatory institutions. 15. Convicts in county prisons. 16. Convicts to receive wages for labor. 17. Convict-made goods to be so branded. 18. Form of brand. Exceptions. 19. Penalty for neglect. 20. Other dealing in such goods prohibited. Penalty for violation. III. OF THE GOVERNMENT OF THE PENI- 21. To be managed by inspectors. 23. Rules for government of the penitentiaries. IV. OF THE INSPECTORS AND THEIR DUTIES. 24. Duties of the inspectors. 25. To make annual reports to the secretary of the commonwealth. 26. To refer disputes to arbitrators. V. OF THE DUTIES OF THE WARDEN. 27. Duties of the warden. VI. OF THE DUTIES OF THE OVERSEERS. 28. Duties of the overseers. VII. OF THE DUTIES OF THE PHYSICIAN. 29. Duties of the physician. VIII. OF THE RECEPTION OF CONVICTS. 30. How convicts to be treated, when received. IX. OF THE CLOTHING AND DIET OF THE CONVICTS. 31. Clothing and diet of convicts. 32. Use of tobacco as a reward for good behavior. 33. Convicts may be furnished with the daily papers, &c. X. OF VISITORS. 34. Of the visitors. XI. OF THE DISCHARGE OF THE CONVICTS. 35. Of the discharge of convicts. 36. Allowance to be made to discharged convicts. 37. Inspectors may discharge convicts, without payment of fine and costs, if insolvent. Attorneygeneral may issue executions to collect such fines and costs. Proceedings to obtain discharge of insolvent convict. 38. Record to be kept of behavior of convicts. 39. Deduction to be made from sentence in case of good conduct. 40. Inspectors may discharge. 41. Certificate of good conduct to be given. XII. OF THE DUTIES OF THE RELIGIOUS 42. Duties of religious instructor. 44. Congregation of convicts for certain purposes. I. Of the state penitentiaries. 7 Sm. 62. 1. A penitentiary on the principle of solitary confinement of the convicts, as 8 March 1818 § 1. the same now is or hereafter may be established by law, shall be erected on the public land adjoining the town of Allegheny, in the county of Allegheny. Ibid. § 3. March 1821 § 1. 7 Sm. 389. 2. The said penitentiary shall be constructed on the plan exhibited to the legislature by the inspectors of the prison of the city and county of Philadelphia. 3. A state penitentiary, capable of holding [two hundred and fifty] prisoners, 20 on the principle of solitary confinement of the convicts, as the same now is or hereafter may be established by law, shall be erected at such place within the Eastern penitenlimits of the city or county of Philadelphia as the commissioners hereinafter men- tiary to be erected. tioned shall fix and appoint, to be called the state penitentiary for the eastern district; the expense whereof shall be defrayed in the manner and out of the funds hereinafter provided. 4. The said penitentiary shall be constructed on the plan of the penitentiary at Pittsburgh, subject to such alterations and improvements as the said commissioners or a majority of them may, from time to time, with the approbation of the governor, approve and direct: Provided always, That the principle of the solitary confinement of the prisoners be preserved and maintained. Ibid. § 3. Plan thereof. 9 Sm. 186. 5. For the more convenient punishment of those criminals hereinafter men- 10 April 1826 § 1. tioned, this state shall be divided into two districts, and the counties of Fayette, Greene, Washington, Allegheny, Westmoreland, Somerset, Bedford, Huntingdon, State divided into Centre, Mifflin, Clearfield, McKean, Potter, Jefferson, Cambria, Indiana, Arm- districts. 9 Sm. 186. 10 April 1826 § 1. strong, Butler, Beaver, Mercer, Crawford, Venango, Erie and Warren shall compose the western district; and the residue of the state shall compose the eastern district. 25 March 1850 § 5. P. L. 278. 27 April 1871 § 1. P. L. 293. Certain counties attached to the western district. 31 March 1860 § 74. P. L. 449. What persons to be sentenced to 6. The county of Lawrence is hereby attached to and declared to be a part of the western penitentiary district. 7. The counties of Cameron, Potter, Clinton, Centre, Mifflin, Juniata and Fulton, from and after the passage of this act, shall be and the same are hereby attached to the western district of Pennsylvania, so far as regards the punishment of offenders convicted in said counties; and all prisoners from said counties, who are now imprisoned in the eastern penitentiary, at Philadelphia, shall be transferred to the western penitentiary, at Allegheny, under the direction of the inspectors of both penitentiaries, there to serve out the unexpired term of their respective sentences, and in accordance with the laws in force in reference to the punishment of persons convicted of crime, and sentenced to the state prisons. II. Of convicts to the penitentiaries. 8. Whenever any person shall be sentenced to imprisonment at labor by separate or solitary confinement, for any period not less than one year, the imprisonment and labor shall be had and performed in the state penitentiary for the proper district: Provided, That nothing in this section contained shall prevent the penitentiaries. such person from being sentenced to imprisonment and labor, by separate or solitary confinement, in the county prisons now or hereafter authorized by law to receive convicts of a like description: And provided also, That no convict shall be When sentences to sentenced by any court of this commonwealth, to either of the penitentiaries thereof, for any term which shall expire between the fifteenth of November and the fifteenth of February of any year. expire. 15 April 1834 § 3. P. L. 473. 9. The wardens of the eastern and western penitentiaries of this state be and are hereby authorized and required to receive such persons as may be convicted Wardens to receive in the United States courts within this state: Provided, The sentences of the U. S. prisoners. said court subject them to the same discipline and treatment as convicts sentenced by the courts of this commonwealth; and the expenses thereof to be paid by the United States; and while in the said institutions they shall be exclusively under the control of the state officers. 23 April 1829 § 3. 10 Sm. 481. How convicts in to be treated. 10. All and every person adjudged to suffer separate or solitary confinement at labor in the eastern and western penitentiaries, shall be kept singly and separately at labor, in the cells or work-yards of said prisons, and be sustained upon the penitentiaries wholesome food, of a coarse quality, sufficient for the healthful support of life, and be furnished with clothing suited to their situation, at the discretion of the inspectors of said prisons. During the confinement of such prisoners, no access shall be had to them by any person or persons, except the inspectors and officers of the institution hereinafter mentioned, [the grand juries of the cities of Philadelphia and Pittsburgh, and the counties of Allegheny and Philadelphia,] (w) and the official visitors hereinafter named, and such other persons as may be permitted, for highly urgent reasons, by any rule or regulation of the board of inspectors. Ibid. § 9. ing convicts, how paid. inspectors. 11. The expenses of [maintaining and] (x) keeping the convicts in the said eastern and western penitentiaries, shall be borne by the respective counties in Expenses of keep which they shall be convicted, and the said expense shall be paid to the said inspectors by orders to be drawn by them on the treasurers of the said counties, who shall accept and pay the same: Provided, That the said orders shall not be presented to the said treasurers before the first Monday of May, in each and Of accounts of the every year: And provided also, That the said inspectors shall annually, on or before the first Monday of [February,] (y) transmit, by the public mail, to the commissioners of such of the counties as may have become indebted for convicts confined in said penitentiaries, an account of the expense of keeping [and maintaining] said convicts, which account shall be signed by the said inspectors, and be sworn or affirmed to by them and attested by the clerk; and it shall be the duty of the said commissioners, immediately on receipt of said accounts, to give notice to the treasurers of their respective counties of the amount of said accounts, with instruction to collect and retain moneys for the payment of said orders when Salaries to be paid presented. And all salaries of the officers of the said penitentiaries shall be paid by the state; and it shall be the duty of the inspectors to transmit to the auditorgeneral the names of the persons by them appointed, and the salaries agreed to be 16 April 1845 § 5. paid to each of them under the provisions of this act; which sums shall be paid in the usual manner, by warrants drawn by the governor upon the treasurer of the commonwealth. by the state. P. L. 514. Expenses of removing convicts to be paid by the counties. 12. The expenses of conveying convicts from the several counties of this commonwealth to the eastern and western penitentiaries, shall be paid by the counties (w) Part within brackets repealed by act 27 February 1833, § 5, P. L. 56; and act 15 April 1834, § 2, P. L. 473. (r) Part within brackets repealed by act 27 February 1833, § 5, P. L. 56. (y) On or before the first day of March in each year, by act 13 May 1856, § 43, P. L. 561. from which such convicts may be sent; and no repeal of this act, in general terms, shall be so construed as to repeal this provision. 13. At the expiration of existing contracts, the board of inspectors, wardens or other officers of state prisons and reformatory institutions are directed to employ the convicts under their control for and in behalf of the state. 16 April 1845 § 5. P. L. 514. 18 June 1883 § 1. P. L. 112. Convicts to be employed in be14. The chief officers of the various reformatory institutions, deriving their sup- half of the state. port wholly or in part from the state, are hereby directed at the expiration of Ibid. § 2. existing contracts, to employ the inmates of said institutions for and in behalf of And innates of such institutions; and no labor shall be hired out by contract. reformatory insti- 15. The officers of the various county prisons, workhouses and reformatory institutions within this commonwealth, now letting the labor of convicts by contract, shall, at the expiration of existing contracts, employ the same for and in behalf of Convicts in county prisons. their respective counties. Ibid. § 4. 16. All convicts under control of the state and county officers, and all inmates of reformatory institutions engaged in manufacturing articles for general consump- Convicts to receive tion, shall receive quarterly wages equal to the amount of their earnings, to be fixed wages for labor. from time to time, by the authorities of the institution, from which board, lodging and clothing, and the costs of trial, shall be deducted, and the balance paid to their families or dependents; in case none such appear the amount shall be paid to the convict at the expiration of the term of imprisonment. P. L. 124. branded. 17. All goods, wares, inerchandise or other article or thing made by convict 20 June 1883 § 1. labor, in any penitentiary, reformatory prison, school or other establishment in which convict labor is employed, whether for the direct benefit and maintenance Convict-made of such penitentiary, reformatory prison, school or other establishment, or upon goods to be so contract by the authorities of the same with any third person, all and every such goods, wares, merchandise, article or thing, immediately upon the completion of the same, shall be branded as hereinafter provided, and shall not be taken into or exposed in any place for sale, at wholesale or retail, without such brand. Ibid. § 2. Form of brand. 18. The brand herein required shall be in plain English lettering, and shall contain at the head or top of said brand the words "convict-made," followed by the year and name of the penitentiary, reformatory prison, school or other establishment in which made. The brand aforesaid shall, in all cases, when the nature of the article will permit, be placed upon the same, and only where such branding is impossible, it shall or may be placed on the box or other receptacle or covering in which it is contained. And the same shall be done by casting, burning, pressing or other such process or means as that the same may not be defaced; and in all cases shall be upon the most conspicuous place upon such article or the box, receptacle or covering containing the same: Provided, That goods, wares and Exceptions. merchandise shipped to points outside of the state shall not be so branded. Ibid. § 3. Penalty for neg 19. It shall be the duty of the manager, principal or superintendent of any penitentiary, reformatory prison, school or other establishment within this commonwealth, wherein convict labor is employed, to see that the brand herein required lect. shall be so placed as aforesaid, before such goods, vares, merchandise or other article or thing shall be removed or taken from the place where made; and upon failure or neglect so to do, such manager, principal or superintendent shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to pay a fine not exceeding one thousand dollars, or undergo an imprisonment not exceeding one year, or either or both, at the discretion of the court. Ibid. § 4. 20. It shall not be lawful for any person dealing in any such convict-made goods, wares, merchandise, or other article, at wholesale or retail, to have in his posses- Other dealing in sion, or offer for sale any such convict-made goods, wares, merchandise, or other such goods proarticle manufactured by convict labor in Pennsylvania, or any other state, without hibited. the brand provided by this act. And in all cases where the brand aforesaid is upon the box, receptacle or other covering in which such goods, wares, merchandise or other article is contained, it shall not be lawful for any such person retailing to remove the same from such box, receptacle or other covering except as he shall retail the same to a customer for his individual use, and at all times, the box, receptacle or covering containing said brand, shall be open to the inspection or view of such customer. And any person knowingly and wilfully offending Penalty for violaagainst this section, shall be deemed guilty of a misdemeanor, and upon conviction tion. thereof, shall be sentenced to pay a fine not exceeding five hundred dollars, or undergo an imprisonment not exceeding six months, or both or either, at the discretion of the court. III. Of the government of the penitentiaries. 21. The penitentiaries aforesaid shall be respectively managed by a board of 23 April 1829 § 7. inspectors, consisting of five taxable citizens of Pennsylvania, who shall be 10 Sm. 444, appointed as follows: the judges of the supreme court of the state shall, at the To be managed by first term of any supreme court which shall be held in any of the districts of the inspectors. state after the passage of this act, appoint five taxable citizens residing in the city How appointed. of Pittsburgh or county of Allegheny, who shall be inspectors of the western state 10 Sm. 444. 28 April 1829 § 7. penitentiary, to serve for two years, (2) and five taxable citizens residing in the city or county of Philadelphia, who shall be inspectors of the eastern state penitentiary, to serve for two years, and until their successors shall be appointed; and in case of any vacancy occasioned by death, resignation, refusal to serve or otherwise, the same shall be supplied by the said judges as soon as conveniently may be.(a) 25 May 1874 § 1. P. L. 228. Appointment of inspectors. 23 April 1829 § 8. 10 Sm. 444. Rules for govern ment of the penitentiaries. 23 April 1829 § 8, art. 1. Duties of the inspectors. 22. The governor of this commonwealth shall have and exercise all the power and authority to appoint inspectors of the state penitentiaries possessed and exercised by the judges of the supreme court; and said inspectors shall make report annually to the legislature, as heretofore required by law. 23. The following rules and regulations for the better ordering and government of said penitentiaries shall be and continue in force, until altered by the legislature, or in the manner hereinafter stated. IV. Of the inspectors and their duties. 24. They shall, at their first meeting and annually thereafter, appoint out of 10 Sm. 445. their number a president, secretary and treasurer, and keep regular minutes of their proceedings; they shall hold stated meetings once a month, and adjourned and special meetings whenever necessary; the treasurer shall give bond(b) with sufficient surety in such amount as the inspectors may fix and determine, and shall receive and disburse all moneys belonging to the prison, according to the order of the board; they shall semi-annually appoint a warden, a physician and clerk for the institution, and shall fix their salaries as well as those of the under-keepers or overseers, and the persons employed about the prison; they shall serve without any pecuniary compensation, and shall be exempted from military duty, from serving on juries and arbitrations, or as guardians of the poor; they shall visit the penitentiary at least twice in every week, to see that the duties of the several officers and attendants are performed, to prevent all oppression, peculation or other abuse or mismanagement of the said institutions; they shall have power, if they, on conference, find it necessary, to make such rules for the internal government of said prisons, as may not be inconsistent with the principles of solitary confinement as set forth and declared by this act. They shall attend to the religious instruction of the prisoners, and procure a suitable person for this object, who shall be the religious instructor of the prisoners: Provided, Their services shall be gratuitous.(c) They shall direct the manner in which raw materials to be manufactured by the. convicts in said prisons, and the provisions and other supplies for the prisons shall be purchased; and also the sale of all articles manufactured in said prisons. They shall cause accurate accounts to be kept by the clerk of all expenditures and receipts in the penitentiaries [which accounts respectively shall be annually examined and settled by the auditors of the county of Allegheny and of the county of Philadelphia]. (d) They shall have power to examine any person, upon oath or affirmation, relative to any abuses in the said places of confinement, or matter within the purview of their duties; they shall direct in what manner the rations for the subsistence of the prisoners shall be composed, in conformity with the general directions on that subject hereinafter contained. The inspectors, in their weekly visits to the several places of confinement, shall speak to each person confined therein, out of the presence of any of the persons employed therein; shall listen to any complaints that may be made of oppression or ill conduct of the persons so employed, examine into the truth thereof, and proceed therein, when the complaint is well founded; and on such visits, they shall have the calendar of the prisoners furnished to them by the warden, and see by actual inspection whether all the prisoners named in the said calendar are found in the said prison, in the situation in which by the said calendar they are declared to be. A majority of the said inspectors shall constitute a board, and may do any of the acts required of the said inspectors; two of the inspectors shall be a quorum for the weekly visitations hereby directed to be made. The warden shall not, nor shall any inspector, without the direction of a majority of the inspectors, sell any article for the use of the said penitentiaries, or (z) See act 4 May 1864, for the appointment of in- every year, transmit to the accountant department a spectors of the western penitentiary. P. L. 769. (a) See infra 22. (b) By act 10 April 1826, § 4, "to be sued for and recovered in the name of the inspectors, on forfeiture, to the use of the said penitentiary." 9 Sm. 188. (c) By act 31 May 1844, § 1, the moral instructors shall receive a compensation not exceeding $500 each. P. L. 585. (d) Part within brackets repealed, by act 27 February 1833, § 4, P. L. 56; which provides that they "shall, on or before the first Monday in February, in detailed statement of their accounts, to be settled and adjusted in the usual manner." The act 31 May 1844, § 1, requires that their annual reports "shall hereafter embrace a detailed statement of the manner in which the sums annually appropriated are expended, together with an accurate account of the amount paid for materials and for subsistence of prisoners, and the amount received from the profits of labor, so as to show distinctly the balance of expenditures over the receipts for labor." P. L. 585. |