submit contro- tration. Contracts, how R. S. 144, § 21. Same subject. 23. by the warden on account of the prison, or a suit is pending thereon, the warden may submit the same to the final determination of abitrators or referees to be approved by the inspectors. SECT. 34. When it can be advantageously done, the principal articles purchased for the use of the prison shall be contracted for by the year. The warden shall give previous public notice, in two newspapers at least, of the articles wanted, the quantity and quality thereof, the time and manner of delivery, and the period during which proposals therefor will be received; which notice shall be published a sufficient time for the information of persons who may desire to offer proposals. SECT. 35. All such proposals shall be in writing and sealed up, and . S. 1, §§ 22, on the day appointed they shall be opened by the warden in presence of the inspectors, who shall cause them to be entered in a book and compared. The person offering the best terms, with satisfactory security for the performance, shall be entitled to the contract, unless it appears to the warden and inspectors that none of the offers are so low as the fair market price; in which case no offer shall be accepted, and the warden, with the consent of the inspectors, may proceed to make contracts for any of the articles wanted for the prison, in the best way he can for the interest of the commonwealth. Every such contractor shall give bond in a reasonable sum with satisfactory surety or sureties for the performance of his contract. Officers not to SECT. 36. No officer of the prison shall be concerned or interested be interested in directly or indirectly in any contract, purchase, or sale, made on account of the prison. contracts, &c. R. S. 144, § 23. Bills to be taken of all purchases, services, &c. R. S. 144, § 24. Treatment of convicts. R. S. 144, § 52. Warden's power to maintain order, &c. SECT. 37. The warden shall take bills of the quantity and price of supplies furnished for the prison, at the time of the delivery; and the clerk, or such officer as the warden directs, shall compare the bills with the articles delivered. If the bills are found correct, he shall enter them with the date upon a book to be kept for the purpose. Bills of all services rendered for the prison shall be taken and entered in like manner. If a bill for supplies or services is discovered to be incorrect, the clerk shall omit to enter it, and immediately give notice to the warden, that the error may be corrected. DISCIPLINE, &C., OF CONVICTS. SECT. 38. The warden and all officers of the prison shall treat the convicts with kindness, so long as they merit such treatment by their obedience, industry, and good conduct. SECT. 39. All necessary means shall be used, under the direction of the warden, to maintain order in the prison, enforce obedience, suppress R. S. 144, § 48. insurrection, and prevent escapes, for which purpose he may at all times require the aid and utmost exertions of all the officers of the institution, the inspectors, chaplain, and physician, excepted. Convicts, how employed. SECT. 40. Convicts sentenced to the punishment of hard labor in the R. S. 144, § 33. prison shall be constantly employed for the benefit of the state, but no convict shall be employed in engraving or printing of any kind. 1850, 289, § 4. Solitary labor. 1850, 289, § 1. Solitary impris onment. SECT. 41. The warden, with the consent of one or more of the inspectors, may, for such time as they deem necessary to produce peni tence, or so long as they think expedient for the promotion of good order and discipline, confine to solitary labor such convicts as are obstinate and refractory. SECT. 42. Convicts against whom the punishment of solitary imR. S. 144, § 32. prisonment is awarded by sentence of court, or who are subjected to it for violating any of the rules and regulations of the prison, shall be confined in one of the solitary cells, and during such confinement shall be fed with bread and water only, unless the physician of the prison certifies to the warden that their health requires other diet. struction. SECT. 43. The warden, with the consent of the inspectors, may cause Sunday school a Sabbath school to be maintained in the prison, for the instruction of and other inthe convicts in their religious duties, and permit such persons as they 1838, 152, § 3. deem suitable to attend the same as instructors, under such rules and See Ch. 178, § 40. regulations as the inspectors may establish. And the warden and inspectors may furnish suitable instruction in reading and writing for one hour each evening except Sundays, to all such prisoners as may be benefited thereby and desirous to receive the same. 1848, 324, § 3. kept separate. SECT. 44. No communication shall be allowed between the convicts Convicts to be and any person without the prison. They shall be confined in separate cells in the night time, and in the day time all intercourse between them shall, as far as is practicable, be prevented. interviews of, with their friends. SECT. 45. The inspectors and warden may make such regulations as they think necessary or expedient in relation to interviews of the convicts with their friends from without the prison; during which inter- 1851, 295, § 1. views the convicts and persons in communication with them shall be under the eye of the warden, or of some officer of the prison designated by him. and friends. SECT. 46. The warden may at such time and under such circum- Communicastances as he deems expedient, with the consent of the inspectors, make tions between, known to the convicts the whole or parts of any communications received 1851, 295, § 2. by him from their friends without the prison, and he may in like manner make known to their friends communications made to him by prisoners. and visitors. SECT. 47. The warden and inspectors may adopt such regulations Newspapers not inconsistent with the laws relating to the government of the prison, 1850, 289, § 3. in relation to the introduction of newspapers into the prison, and in relation to visitors, as they deem necessary or expedient. permit. warden to SECT. 48. No persons other than the executive government of the Visitors to have commonwealth, members of the legislature, officers of justice, or other 1854, 302, § 1. persons having business at the prison, shall be allowed to visit it without a special permit from one of the inspectors or the warden. SECT. 49. The warden shall cause a register to be kept of the names and residences of all persons so visiting, and of the authority by which keep register they visit; which register shall at all times be open to the inspectors. 1854, 302, § 2. SECT. 50. The warden may refuse admission to any person having a permit, when it appears that such admission would be injurious to the best interests of the prison, but he shall report such refusal to the inspectors at their next monthly meeting. RECORD OF CONDUCT. of. Warden may refuse admis1854, 302, § 3. sion, &c. Deduction from SECT. 51. The warden shall keep a record of the conduct of each Record of conconvict, and for each month that a convict appears by such record to duct. have faithfully observed all the rules and requirements of the prison sentence. and not to have been subjected to punishment, there shall, with the 1857, 281, § 1. consent of the governor and council, be deducted from the term or terms of his sentence, as follows: from a term of less than three years, one day; from a term of three and less than seven years, two days; from a term of seven and less than ten years, four days; from a term of ten years or more, five days. governor and SECT. 52. Said record and scale of deduction, or any part thereof, Record to be shall be submitted by the warden to the governor and council when submitted to required by them, that the same may be considered in the exercise of council. such executive clemency on behalf of any convict, as they may deem 1857, 281, § 2. conducive to the interests of the prison and promotive of the reformation and welfare of the convicts. Punishment for R. S. 144, § 37. 5 allen 130 when sen tenced for life. Punishment of leaving pris- ful indulgence. aiding in escape or rescue. illicit convey ESCAPES, &C. SECT. 53. If a convict under sentence for any limited time escapes from the prison, or attempts by violence to escape, or assaults the warden, an inspector, or other officer or person employed in the government or custody of the prison, he shall, in addition to his former sentence, be punished by imprisonment in said prison not exceeding ten years, and also by solitary imprisonment not exceeding one year, to be executed forthwith, or at such time or times either before or after the expiration of any former sentence, as the court directs. SECT. 54. If a convict under sentence of imprisonment for life escapes from the prison, or attempts by violence to escape, or commits say such assault as is mentioned in the preceding section, he shall be punished by solitary imprisonment not exceeding one year, to be executed at such time or times as the court directs. SECT. 55. If an officer or other person employed in the prison voluntarily suffers a convict confined therein to escape, or in any way consents to such escape, he shall be punished by imprisonment in sad prison not exceeding twenty years. SECT. 56. If an officer or person employed in the prison suffers a convict under sentence of solitary confinement to be at large or out of the cell assigned to him, or suffers any convict confined in the prison to be at large out of the prison, or to be visited, conversed with, or in any way relieved or comforted, contrary to the regulations of the prison, he shall be punished by fine not exceeding five hundred dollars. SECT. 57. Whoever conveys into the prison any disguise, instruR. S. 144, § 41. ment, tool, weapon, or other thing, adapted or useful to aid a convict in making his escape therefrom, with intent to facilitate the escape of any convict there lawfully committed or detained, whether such escape is effected or attempted or not, or by any means aids a convict in his endeavor to escape, and whoever forcibly or fraudulently rescues or attempts to rescue a convict held in custody under sentence of impris onment in the prison, shall be punished by imprisonment in said prison not exceeding ten years, or by fine not exceeding five hundred dollars. SECT. 58. Whoever delivers or procures to be delivered, or has in ance of articles his possession with intent to deliver, to a convict confined in the prison, or deposits or conceals in or about the prison, or the dependencies thereof, or in any boat, carriage, or other vehicle, going into the premises be longing to the prison, any article or thing, with intent that a convict confined in the prison shall obtain or receive the same; and whoever receives from a convict any article or thing with intent to convey the same out of the prison, contrary to the rules and regulations thereof, and without the knowledge and permission of the warden or board of inspectors, shall be punished by imprisonment in the state prison or jail not exceeding two years, or by fine not exceeding five hundred dollars. into prison, &c. RATIONS, CLOTHING, &C., OF CONVICTS. SECT. 59. The warden and inspectors may, with the consent of the governor and council, make such regulations in regard to the rations, clothing, and bedding, of the convicts, as the health, well-being, and cir cumstances of each convict require; but all diet, rations, clothing, beds, and bedding, shall be of good quality, and in sufficient quantity, for the sustenance and comfort of the convicts. No intoxicating liquors shall be furnished to the convicts. SECT. 60. The subsistence and diet of the convicts in the hospital shall be under the direction of the physician; but for all articles of comfort or indulgence not included in his regular hospital rations, his order therefor shall be in writing and for a term not exceeding one week. SECT. 61. The warden and inspectors may make such variations or Rations, &c., additions in relation to the rations, clothing, and bedding, of the convicts, may be varied, as the circumstances of each convict may require. prisoners fur. SECT. 62. The prison shall be suitably and sufficiently ventilated, and Prison to be each prisoner shall have a weekly bath of cold or tepid water, which ventilated and shall be applied to the whole surface of the body, unless, by reason of nished with the sickness of any prisoner, such bath may be hurtful or dangerous. 1848, 324, §§ 1, 2. DISCHARGED CONVICTS. baths. discharged, to SECT. 63. The warden may pay to any convict leaving the prison, Convicts, when who in his opinion by good conduct deserves the same, a sum not exceed- be decently ing five dollars out of the treasury of the prison; and no convict shall clothed, &c. leave the prison without being furnished with decent clothing. R. S. 144, § 53. charged con of. SECT. 64. The governor with advice of the council may appoint an Agent for disagent to hold office until another is appointed in his place, who shall victs, appointcounsel and advise, and when and as he deems proper and expedient, ment and duties furnish with clothing, board, and tools suitable for their employment, 1845, 176, § 1. such discharged convicts as may seek his aid; and shall take measures to procure employment for such of them as may desire it, by corresponding with persons in mechanical and agricultural pursuits, and with benevolent persons and associations. SECT. 65. The office of the agent shall be located either in Charlestown or Boston. SECT. 66. He shall keep an account of the moneys expended by him for the rent and other necessary expenses of his office, for correspondence and travel to procure employment for discharged convicts, for furnishing the clothing, board, and tools, required of him by law, and for conveying discharged convicts to their homes or places of employment when he deems it proper to pay therefor, which being approved by the auditor of accounts, the governor shall at the end of each quarter draw his warrant on the treasury therefor. But the whole amount so paid for such expenditures shall not exceed five hundred dollars in any one year. SECT. 67. The warden may in his discretion pay to said agent such sums of money as he is authorized by section sixty-three to pay to convicts. The agent shall expend what he thus receives for the benefit of such convicts, and account therefor to the auditor. SECT. 68. He shall, on or before the fifteenth day of October in each year, cause to be made to the governor and council a full and detailed account of his doings as such agent for the year ending on the last day of the preceding month, and he shall receive for his services five hundred dollars a year. 1848, 82, § 1. office of. 1845, 176, §3. to keep account of expenditures, and present acceeding $500, state auditor. 1849, 66. count, not ex to 1852, 213, § 2. may receive from warden money for dis- victs. 1846, 78, § 1. 1857, 40. CHAPTER 180. OF THE TRANSFER OF LUNATICS AND DISCHARGE OF POOR CONVICTS. Commission ers. 1844, 120, § 3. 1856, 135. to be notified of insanity of LUNATICS IN THE STATE PRISON. SECTION 1. The physician of the state prison as chairman, with the superintendents of the state lunatic hospitals, shall constitute a commission for the examination of convicts in said prison alleged to be insane. Each commissioner shall receive for his services in such capacity his travelling expenses and three dollars a day for each day he is so employed, which shall be charged to the prison. SECT. 2. When a convict in the prison appears to be insane, the warby warden, &c., den or inspectors shall give notice thereof to the chairman of said commission, who shall forthwith notify the members thereof to meet at the prison. convicts. 1844, 120, § 1. Insane convicts to be removed to hospital, &c. 1844, 120, §§ 1, 1853, 318, § 1. 1850, 247, § 3. Insane persons 2. removed to hos- R. S. 145, § 1. SECT. 3. The commission shall investigate the case, and if, in the opinion of a majority of them, the convict has become insane, and his removal would be expedient, they shall so report, with their reasons, to a judge of the superior court, who shall forthwith issue his warrant under the seal of that court, directed to the warden, authorizing him to remove the convict to one of the state lunatic hospitals, there to be kept till, in the opinion of the superintendent and trustees thereof, he may be recom mitted consistently with his health. The superintendent when so satisfied shall certify the fact of such restoration upon the warrant, and give notice to the warden, who shall thereupon cause the convict to be reconveyed to the prison, there to remain pursuant to his original sentence, computing the time of his confinement in the hospital as part of the term of his imprisonment. LUNATICS IN OTHER PRISONS. SECT. 4. When a convict in a prison other than the state prison, or in prison, how in the house of correction, appears to be insane, the physician attending the prison or house of correction shall make a report thereof to the jailer or master, who shall transmit the same in the county of Suffolk to a judge of the superior court, and in any other county to the judge of the probate court. The judge shall make inquiry into the facts therein stated, and if satisfied that such convict is insane, he may, at any time he deems necessary, cause such prisoner to be removed to one of the state lunatic hospitals. 1856, 247, § 3. if sane before SECT. 5. If a person so removed is restored to sanity before the term expires, to expiration of his sentence, he shall be forthwith returned to the prison or house of correction from which he was removed, there to remain pursuant to his original sentence, computing the time of his confinement in the hospital as part of the term of his imprisonment, R. S. 145, § 2. 1853, 259. Poor convicts, from prison after three months. R. S. 145, § 3. 1833, 81, § 3. 1848, 32, § 26. 1856, 158, § 3. DISCHARGE OF POOR CONVICTS. chitt 44 185 SECT. 6. When a poor convict has been confined in a prison or house how discharged of correction for three months for fine and costs only, or for either of them, the jailer or master shall make a report thereof, in the county of Suffolk to the police court of the city of Boston, and in other counties to any two justices of the peace, one of whom shall be of the quorum, or to any police court. The court or justices shall proceed to make inquiry into the truth thereof, and may require the jailer or keeper to bring the convict before them at the prison or such other convenient place near thereto as they may direct. If satisfied that the statement in the report is true and that the convict since his conviction has not had any estate, real or personal, with which he could have paid the sum for which he is committed, and that he is held for no other cause, they shall make a certificate thereof to the sheriff, directing him to discharge the convict. after thirty days. SECT. 7. When a poor convict has been confined in a prison or house of correction thirty days for fine, or fine and costs, not exceeding ten |