sary he shall certify the same to the secretary of State, designating the counties which are to be changed from one district to the other; and thereupon the secretary of State shall notify the judges and clerks of all courts having criminal jurisdiction in the counties affected by the change; and after such notice, all convicts sentenced to the penitentiary in such counties shall be committed to the prison of the district in which the county has been placed. [As amended by act approved and in force April 5, 1879. L. 1879, p. 220. See Const., art. 5, § 21. 2d L. 1867,

P. 25, 8.

12. Records by commissioners. § 12. They shall keep regular minutes of their meetings and proceedings at said penitentiary, and shall cause the same, together with all orders, rules and regu[*763] lations adopted by them, to be recorded in a book which shall be kept for that purpose in said penitentiary. [2d L. 1867, P. 25, § 9. 13, Food-labor. § 13. They shall prescribe the articles of food and the quantities of each kind which shall be provided for said convicts, and shall determine the number of hours per day during which said convicts shall be required to labor. [2d L. 1867, p. 25, § 10.

14. Annual inventory and appraisement. § 14. They shall cause a full and accurate inventory and appraisement of all and singular the machinery, fixtures, goods, chattels and property of every description belonging to the State, in and about said penitentiary, to be made under oath by two or more competent appraisers, to be appointed for that purpose by said commissioners, and immediately make an inventory of all the machinery, fixtures, goods, chattels and property of every description, and at least once in each year thereafter, and shall cause a copy of such inventory and appraisement to be filed in the office of the auditor of public accounts, and another copy thereof to be appended to their biennial report to the governor. [2d L. 1867, p. 25, § 11.

15. Residence, etc., of warden. § 15. It shall be the duty of the warden to reside in and attend constantly at the penitentiary, except when absent on some necessary duty connected with his office, in which case his duties at said penitentiary shall, during such absence, be performed by the deputy warden, and in no case shall the warden and deputy warden be absent from the penitentiary at the same time. [2d L. 1867, p. 26, 12.

16. Duties of warden. § 16. The warden shall exercise a general supervision over the government, discipline and police regulations of said penitentiary, in accordance with the orders, rules and regu lations of said commissioners, and shall see that such orders, rules and regulations are duly enforced, and shall give the necessary directions to the officers and guards, and examine whether they have been careful and diligent in the discharge of their several duties. He shall examine daily into the state of the penitentiary and into the health, condition and safekeeping of the convicts, and shall inquire into the justice of any complaints made by any of the convicts relative to their provisions, clothing or treatment. He shall make such general orders and rules for the government of the subordinate officers and employees of said penitentiary as he may deem proper, subject to the approval of said commissioners. Such rules and orders shall be in writing, and shall be entered in a book

to be kept by the warden for that purpose, and shall be subject to alteration or amendment by the said commissioners. [2d L. 1867, p. 26, $13.

17. Daily journal. § 17. The warden shall keep a daily journal of the proceedings of the penitentiary, in which shall be entered a note of every infraction of the rules and regulations of the penitentiary, by any officer or employee thereof, which shall come to his knowledge, or by any convict in said penitentiary, and of every punishment inflicted on a convict, the nature and amount thereof, and by whom inflicted; and also a memorandum of every well founded complaint made by any convict, of bad or insufficient food, want of clothing, or cruel or unjust treatment. Such journal shall be kept open at all times for the inspection of the commissioners. [2d L. 1867, p. 26, § 14.

18. Monthly report of warden. 18. He shall make a monthly report to the commissioners, stating the names of all convicts received into the penitentiary during the preceding month, the counties in which they were tried, the crimes of which they were convicted, the nature and duration of their sentence, their former trade, employment or occupation, their habits, color, age, place of nativity, degree of instruction, and a description of their persons, and also stating in such report the names of all convicts pardoned or discharged during the preceding month, and all other particulars in relation to the persons so pardoned or discharged that are required to be stated in relation to convicts received into the penitentiary, and he shall also make all such other reports as shall be required of him by the commissioners. [2d L. 1867, p. 26, § 15. 19. Finances-labor - contracts - materials, etc. § 19. The warden shall attend to the fiscal concerns of the peniten- [*764]

tiary, under the direction of said commissioners, and shall use his best endeavors to defray all the expenses of the penitentiary by the labor of the convicts; he shall superintend the labor of the convicts when employed in manufacturing or other work on behalf of the State, and shall act under the direction of said commissioners in making contracts for the employment of the labor of the convicts, and for furnishing the necessary supplies for their support, and in purchasing such raw material as may be required for manufacture by convict labor, and in taking charge of the articles so manufactured, and selling and disposing of the same for the benefit of the State. [2d L. 1867, p. 27, 16.

20. Monthly account. 20. He shall render to said commissioners on the first day of each month a full and accurate statement of all moneys received by him, and all sums of money expended by him during the preceding month, showing on what account received and expended, and shall accompany said report with proper vouchers for all such expenditures; which report shall be verified by the oath of the warden. [2d L. 1867, p. 27, § 17.

21. Convicts' money, etc.—clothing, transportation, etc. 21. The warden shall take charge of all money and other articles of property which may be brought to the penitentiary by the convicts, and cause the same, immediately upon the receipt thereof, to be entered among the receipts of the prison; which money and other articles, whenever the convict from whom the same are received shall be discharged

from the penitentiary, or the same shall be otherwise legally demanded, shall be returned by said warden to such convict or other person legally demanding the same. He shall also furnish each convict who may be discharged from the penitentiary, by pardon or otherwise, with a suitable suit of citizen's clothing, and shall also furnish such convict with transportation to the place of his conviction, or the equivalent thereof in money, and in addition thereto the sum of $10, for other necessary expenses of such convict. [As amended by act approved and in force March 28, 1874. 2d L. 1867, p. 27, § 18.

22. Reports. § 22. Said warden shall preserve in the penitentiary a set of all official reports made to the governor respecting said penitentiary, and a set of similar reports in relation to the penitentiaries of other States, so far as he shall be able to obtain the same, and for which purpose a suitable number of the reports of said penitentiary, when printed, shall be supplied to him by the secretary of State, to exchange with penitentiaries of other States. [2d L. 1867, p. 27, 19.

23. Duties of chaplain. 23. It shall be the duty of the chaplain of said penitentiary

First-To perform religious services in the penitentiary under such regulations as the commissioners may prescribe, and to attend to the spiritual wants of the convicts.

Second-To visit the convicts in their cells, for the purpose of giving them moral and religious instruction.

Third-To furnish, at the expense of the State, a bible to each con

vict.

Fourth-To take charge of the library, and see that no improper books are placed in possession of the convicts, and if any such books are found, either in the cells or in the possession of such convicts, to take away and deliver the same to the commissioners; and for the purpose of the proper discharge of these duties, he shall visit weekly each cell in the penitentiary, and the books so taken away from the said convicts shall not be returned to them without the express order of the commissioners.

Fifth-To visit daily the sick in the hospital.

Sixth-To make an annual report to the commissioners for each year ending the first day of December, relative to the religious and moral conduct of the convicts during such year; stating therein what services he has performed, and the fruits of his instruction, together with any other facts relative to said convicts he may deem proper to report. It shall be the duty of the chaplain, when required by the commissioners, to give instruction in the useful branches of an English educa [*765] tion to such convicts, as, in the judgment of the warden, may require the same, and be benefited thereby, and be entitled thereto by previous good conduct; and such instruction may be given for such length of time daily as said commissioners shall prescribe (Sundays excepted), between the hours of 6 and 9 o'clock, P. M. [2d L. 1867, p. 27, 20.

24. Quarterly report of chaplain. § 24. The chaplain shall make a quarterly report to the commissioners, in case such instruction shall be given, stating the number of convicts instructed during the

quarter, the branches of education taught, the text books used, the progress made by the convicts, and note especially any case in which unusual progress has been made by a convict. [2d L. 1867, p. 28, § 21.

25. Contracting labor of convicts. 25. It shall be the duty of said commissioners to advertise for sealed bids or proposals, for the hire of the labor of the convicts in said penitentiary, in such numbers and for such periods as they may deem advisable, not exceeding eight years-such advertisement to be published at least thirty days in one daily paper published in the city of Chicago, one daily paper published in the city of Cairo, one daily paper published in the city of St. Louis, and one daily paper published in the city of Springfield, specifying the number of convicts to be employed; and at the expiration of said term of thirty days, said commissioners may open said bids, and enter into contracts for working the convicts upon such branches of business as in their judgment will best subserve the interest of the State, and tend to promote the welfare of the convicts. All contracts for the labor of convicts shall be given to the highest bidder, if the price bid be a fair and reasonable compensation for such labor. Each bid shall be accompanied by a bond, with good and sufficient sureties, in such sum as the commissioners shall determine, conditioned that in case the bid is accepted by the commissioners, the persons making the same will execute a bond with good sureties as aforesaid, conditioned for the faithful performance of such contract on their part, and no bid or proposals shall be received unless such bond shall accompany the same. [2d L. 1867, p. 28, § 22.

26. Bids rejected-temporary employment. § 26. If the bids made should be less than a fair and reasonable compensation for the labor thus bid for, the commissioners may, at their discretion, decline to contract at the rates offered, and shall immediately thereafter proceed again to advertise the letting of contracts until the same shal! be successful; and in the meantime, all convicts whose labor is not contracted according to the provisions of this section, shall be hired or otherwise employed by the commissioners and warden, in such manner as they shall think most conducive to the interests of the State. Such employment shall be regarded as temporary, to terminate at any public letting: Provided, the commissioners shall not be required to advertise or hire out the labor of such convicts as may be employed in labor for the State. [2d L. 1867, p. 29, § 23.

27. Employment of labor not leased, etc. § 27. The said commissioners are hereby authorized to employ the labor of any convicts not so hired out, in completing the penitentiary building, and grading and improving the grounds within and appurtenant to said penitentiary, according to the plans and specifications heretofore adopted; and said commissioners are further authorized, at any time hereafter, to employ the labor of any of said convicts, which, for the time being, shall not be hired out, upon any other public works or buildings which the State may hereafter have in process of construction, so far as such work can be advantageously performed at said penitentiary. [See § 44. 2d L. 1867, P. 29, § 24.

28. Contracts for supplies. 28. Said commissioners are hereby authorized to contract for provisions, clothing, medicine, forage, fuel and other supplies for the penitentiary, for any period of time not exceeding one year, and such contract shall be given to the lowest bidder, at a public letting thereof, if the prices bid be fair and reasonable, and not greater than the usual market value and price. Each bid shall be accompanied by a bond in such penal sum as said commissioners shall determine, with good and sufficient sureties, conditioned for the faithful performance of such contract. Notice of the time, place and conditions of the letting of each contract shall be given for at [*766] least four consecutive weeks, in such manner as the commis

sioners may deem expedient. If all the bids made at such letting are deemed unreasonably high, the commissioners may, in their discretion, decline to contract, and may again advertise for proposals, and may so continue to renew the advertisement until satisfactory contracts may be made, and in the meantime the commissioners may contract with any person whose offer may be regarded as just and proper; but no contract thus made shall be let to run more than sixty days, or in any case extend beyond the public letting. No bids shall be accepted, and a contract entered into in pursuance thereof, where such bid is higher than any other bid made at the same letting for the same article ; and where a contract can be made at such lower bid, when two or more of the lowest bids for the same article are equal in amount, the commissioners may select the one which may by them be deemed for the best interests of the State, or may divide the contracts between the bidders, as in their discretion may seem proper and right: Provided, no contract shall be given or purchase made, in which either of the commissioners or any of the officers of the penitentiary are interested, and all contracts or purchases made in violation of this provision shall be void. [2d L. 1867, P. 29, 25.

29. Tasks-over-work. 29. It shall be the duty of the commissioners, whenever they shall deem it expedient, to so make contracts for letting the labor of the convicts, as to permit each convict who per forms his task in a workmanlike manner to have a certain amount of labor allotted to him each day for a day's work, and the time gained after the performance of such task may be occupied in labor for contractors-the labor to be at the same rate the contractors pay the State for the same work, or at such rate not less than that which may be agreed upon between said contractors and such convict; and if any convict who shall have performed over-work, shall, for any cause, be unable to perform full work on any other day or days, no deduction shall be made from his over-work earnings on that account. It shall be the duty of the officer in immediate charge of the convicts to take daily account of the over-work earnings so made, and return the same to the clerk at the end of each month. The money so earned shall be paid to the said commissioners, and shall be collected the same as money due the State from the contractors; and an accurate and detailed account of all such moneys by whom earned, time when, amount, and to whom payable, shall be kept, under the direction of the commissioners, in a book provided for that purpose, and they shall