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Refeated

jol, 75

Punishment.

17.

Rules to be
printed and
hung up in
shops.
Convicts

leaving peni-
tentiary fur-

nished with
clothes, etc.
Insane con-
victs.

or other suitable material, and sufficient covering, with garments of coarse material, and with sufficient plain and wholesome food, of such variety as may be most conducive to health,

Second. If a prisoner is sentenced to solitary confinement, the sentence shall be executed, subject to the right of the board to modify it so far as may be necessary to prevent any serious injury to health. No unnecessary labor shall be required of any convict on Sunday..

Third. No punishment shall be inflicted except by the order and under the direction of the warden/or deputy warden.

Fourth. All money in possession of a prisoner when delivered at the penitentiary shall be properly entered on the clerk's books, and, if not otherwise disposed of by the prisoner, shall be deposited in the treasury by the warden, with other funds in his hands

Fifth. The rules and regulations prescribing the duties and obligations of the prisoners shall be printed and hung up in each cell and shop.

Sixth. Each convict, when he leaves the penitentiary, shall receive a suit of citizen's clothes, and the money taken from him when he entered, and which was not disposed of by his order, and what he may have earned by good behavior and diligent labor.

Seventh. If a convict be insane at the time of the expiration of his sentence, the warden shall give notice, in writing, to the probate judge of the county from which he was sent, of the fact of such insanity; and such judge shall forthwith issue his warrant to the sheriff of such county, commanding him to remove such insane convict, and return him to such county. Upon receipt of such warrant, the sheriff shall execute the same forthwith, and make return thereof to the probate judge by whom it was issued; and thereupon the probate judge shall immediately order such insane person to be confined and provided for as directed by the twenty-fifth section of an act entitled "An act to provide for the uniform government and better regulation of the lunatic asylums of the state, and the care of idiots and the insane," passed April 7, 1856 (53 v. 81), and the sheriff shall receive the same compensation as for transferring a prisoner to the penitentiary, and the auditor of the county shall draw an order upon the county treasurer for the amount. If any probate judge, after having been so notified by the warden, neglect to issue his warrant as herein provided, or if any sheriff neglect to remove such insane convict, as required by the provisions of this section, the warden shall cause such insane convict to be removed and returned to the county from which he was sent, in charge of an officer of the penitentiary, or some other suitable person; and the cost of such removal shall be paid out of the

county treasury, upon the warrant of the county auditor. [73 v. 40, § 29.]

REWARDS.

Datly record

SEC. 36. In order that good behavior may be properly rewarded, the board shall provide in its rules nd regulations of behavior. for a correct daily record of the conduct of each prisoner,/ and his fidelity and diligence in the performance of his work and each one who is sentenced for a

entitled to diminish the period of his finite time shall be

sentence, and receive a portion of his earnings, and be restored to citizenship, under the following rules and regulations: First. For each month, commencing on the first day after his arrival at the penitentiary, during which he has not been guilty oka violation of discipline, or any of the rules of the prison, and has labored with diligence and fidelity, he shall be allowed deduction of five days from the period of his sentence, and a portion of his earnings not exceeding one-tenth of the average price of convict labor.

We. 75

Sentence shortened by good be

havior.

feits.

Second. For every violation of the rules and discipline, or for want of fidelity and care in the performance of work, the rules-what convict shall not only forfeit all gained time and earnings convict forfor the month in which the delinquency, occurs, but, according to the aggravated nature or frequency of his offenses, the board may deduct a portion or all of his previously earned time or money, or either of them.

Third. If a convict pass the entire period of his sentence without any violation of the rules and discipline, he shall be entitled to a certificate thereof from the warden, and on Da presenting it to the governor he shall receive a pardon, and be restored to citizenship.

Fourth. If he be prevented from laboring by sickness or other infirmity, not intentionally produced by himself, he shall be entitled, by good conduct, to two and a half days deduction from his sentence each month.

Fifth If he be unable to earn anything by reason of sickness or infirmity, during his confinement, and his conduct has been good, the board may allow him a sum sufficient to defray his expenses to the county where he was convicted.

Sixth. Each convict who performs labor, but not on a contract, and whose conduct and fidelity entitle him to it, shall be allowed a sum in lieu of earnings, which shall not exgeed one-tenth of the average contract price for labor in the prison. [73 v. 42, § 30.]

UNITED STATES PRISONERS.

SEC. 37. All criminals sentenced to the penitentiary by the authority of the United States, shall be received and kept according to the sentence of the court by which they were tried; and the prisoners so confined shall be subject, in all respects, to the same discipline and treatment as though

Entitled
certificate
for good be-
havior.

Directors to

allow sick
etc., money

prisoners,

to go back to

county

where sen-
tenced.

United States prisceived.

oners re

Board may
repair or re-
build shops
injured or de-
stroyed by
fire.

We. 751

committed under the laws of this state. The warden is hereby authorized to charge and receive from the United States, for the use of the state, for each prisoner, forty cents a day for board, the cost of all clothing which may be furnished, and one dollar a month for the use of the prison, and, if additional guards be required, the compensation of such guards and no other or further charge shall be made by any officer for or on account of such prisoners. [72 v. 42, §31.]

SEC. 38. If any of the shops or buildings in which the convicts are employed be destroyed or injured by fire, they may be rebuilt or repaired mediately, under the direction of the board, and the expense thereof paid out of any funds in the state treasury not otherwise appropriated by law. [73 v. 43, § 37.]

CHAPTER 3.

ACTS REPEALED.

SECTION 1. The following acts and parts of acts are hereby repealed:

1. The act of March 13, 1843, entitled "An act for the regulation of county jails."

2. The act of April 30, 1852, entitled "An act regulating the use of jails of adjoining counties."

3. The act of March 26, 1860, entitled "An act to provide for the confinement of prisoners under the laws of the United States, in the jails of this state, and to repeal certain acts therein named."

4. Sections four, five, six, seven, of the act of February 25, 1824, entitled "An act defining the duties of sheriffs and coroners in certain cases."

5. The act of March 28, 1864, entitled "An act to amend section one of an act entitled 'an act supplementary to the act for the regulation of county jails,' passed March 13, 1843, passed March 16, 1860."

6. The act of March 16, 1876, entitled "An act to regulate and govern the Ohio penitentiary, and to repeal certain acts therein named."

SEC. 2. This act shall take effect from and after July 1, 1877.

C. H. GROSVENOR,

Speaker of the House of Representatives.
H. W. CURTISS,

Passed May 5, 1877.

President of the Senate.

APPENDIX.

The following acts relating to crimes, criminal procedure, etc., were passed at the session of the General Assembly, which closed its labors on May 7, 1877. One of them, (the registration law), which is mainly confined to matters other than those which are penal, is of so much importance at present, as to justify a departure from the course indicated in the Preface.

The act providing for the punishment of false pretenses, (74 v. 41), is repealed by implication by the first of the foregoing acts, ch. 11, § 7; and the act relating to the fees of attorneys for defending prisoners, (74 v. 81,) is repealed by implication by the second of the foregoing acts, ch. 5, §§ 6, 7.

AN ACT

To restrain the use of poison. (Passed and took effect February 1, 187 7;

74 v. 13.)

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That any person who shall leave or deposit any poison, or any substance containing poison, in any common, street, alley, lane, or thoroughfare, of any kind whatever, or any yard or inclosure other than the yard or inclosure occupied by such person, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not more than fifty nor less than five dollars, or imprisoned in the county jail not more than thirty nor less than five days, or both, at the discretion of the court, and shall be liable to the person injured for all damages sustained thereby.

Penalty for leaving pois

on in streets,

etc.

AN ACT

To regulate the traffic in the sale or exchange of scrap-iron, old metals, old rope, and junk. (Passed and took effect Feb. 22, 1877; 74 v. 31.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That any keeper of a store, shop, wagon, boat, or other place of business, who shall purchase, sell, exchange, or receive any scrap-iron or old metals, canvass, rope, junk, or lead pipe, except plow-irons and old stoves, shall put up, in some conspicuous place, in or upon said shop, store, boat, or other place of business, a sign having his name and occupa

Trafficers in

old iron, etc., to put up sign of busi

ness.

To keep reg ister of such

iron, etc., purchased.

Not to pur

chase of unknown per

son.

Not to purchase after 9 o'clock at night.

Penalties.

tion legibly inscribed thereon, and shall keep a book open to inspection, in which shall be written, at the time of every purchase or exchange of any of the articles above mentioned, a description of the article or articles so purchased or exchanged, the name and residence of the person from whom purchased or received, and the day and hour when such purchase or exchange was made.

SEC. 2. That no keeper of any such store, shop, wagon, boat, or any other place of business, shall directly or indirectly purchase or receive, by way of barter or exchange, or otherwise, any of the aforementioned articles of any minor or unknown person.

SEC. 3. That no keeper of any store, shop, wagon, boat, or other place of business, shall purchase or receive any of the articles aforesaid, not exempted in section one of this act from any person whatever, after the hour of nine o'clock at night and before seven o'clock in the morning.

SEC. 4. That any person violating any or either of the provisions of this act shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not exceeding five hundred dollars, and shall be imprisoned in the jail of the county not exceeding thirty days, or either, or both, at the discretion of the court.

AN ACT

Authorizing county commissioners to offer reward for the detection of horse thieves. [Passed and took effect April 21, 1877; 74 v. 103.] SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the county commissioners of the several counties in this state, are hereby authorized, when they deem the same expedient, to offer such reward, or employ such detectives, as in their judgment the nature of the case may require, for the detection or apprehension of any person or per-ons charged with or engaged in horse stealing, aiding or abetting the same, and upon the conviction of such person or persons, the county commissioners are authorized to pay such reward, or other compensation, out of the county treasury; but, in no case shall the owner of the stolen horse or horses be entitled to any of said reward.

AN ACT

To punish offenses on street railroad cars. [Passed and took effect May 4, 1877; 74 v. 164.]

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, as follows:

Whoever, being requested by an employé of a street railroad company, or of the person operating such road, to desist

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