found due him, to be paid out of any moneys in the treasury not otherwise appropriated.

JOHN CESSNA,

Speaker of the House of Representatives.

BENJAMIN MATTHIAS,

Speaker of the Senate.

APPROVED-The eighth day of April, A. D., one thousand eight hundred and fifty-one.

WM. F. JOHNSTON.

Style.

tors.

pointment of.

No. 242.

AN ACT

For the regulation and government of the Montgomery County Prison, to incorporate the Catfish, Brady's Bend, and Butler Plank Road Company, and in relation to the Easton Water Company.

SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the county prison now being erected by the commissioners of Montgomery county, shall be called "The Montgomery County Prison," and shall be managed by a board of six inspectors, citizens of said Board of inspec- county to be appointed as hereinafter provided, who shall serve without compensation; a majority of whom shall constitute a quorum for the transaction of any business. At the first session of the Court of Quarter Sessions of said county, held after the passage of this act, the said court shall appoint three reputable taxable citizens of said county inInspectors, ap- spectors of said prison-one to serve till the first day of April, eighteen hundred and fifty-two-one to serve till the first day of April, eighteen hundred and fifty-three, and one to serve till the first day of April, eighteen hundred and fifty-four; and within thirty days after the passage of this act, the board of county commissioners of said county shall appoint three respectable taxable citizens of said county-one to serve till the first day of April, eighteen hundred and fifty-two-one to serve till the first day of April, eighteen hundred and fifty-three, and one to serve till the first day of April, eighteen hundred and fiftyfour; and in case the court shall omit to appoint said inspectors at the time mentioned, the president of said court and one or more of the associate judges may appoint the said inspectors in vacation. And annually thereafter, the said court at the first session in each year, and the said board of county commissioners in the month of February in each year, shall each appoint one inspector of said prison, who shall serve for three years from the first day of April ensuing their appointment, and until a successor shall be appointed. When a vacancy occurs in the board of inspectors, the same shall be filled by the authority that appointed the inspector whose place is to be filled, within thirty days after receiving notice of such vacancy. And it shall be the duty of the

president of the board to give notice of every such vacancy as soon as practicable after the same may happen.

SECTION 2. That the inspectors, at their first meeting after their appointment, and at their first meeting held after the appointment of the two new inspectors, every year thereafter, shall appoint one of their number president of the board, and also appoint a secretary, who shall Officers. hold their offices one year, and until a successor shall be appointed. The secretary shall keep correct minutes of the proceedings of the board.

Powers of In

specters.

Visits to the

prison by the

The inspectors shall hold a meeting once in each month, and oftener if Meeting of Innecessary. The board of inspectors shall make such rules and regula- spectors. tions as they may deem necessary for the government of the prison, not inconsistent with the Constitution and laws of the Commonwealth, or with the principles of separate confinement provided by this act. At the meeting at which a president and secretary are to be appointed in each year, and at such other times as may be fixed by the by-laws, the board of inspectors shall nominate, and with the approbation of the Court of Qurter Sessions, appoint a keeper, a matron, and a physician for the Keeper, matron, prison, and shall fix their compensation and the compensation of all &c. the other persons employed about the prison. They shall direct the manner in which all articles and supplies necessary for the support and employment of the persons confined in said prison shall be purchased, and the sale of all articles manufactured therein, and shall direct the manner in which the convicts confined in said prison shall be employed. They shall determine the kind and quantity of food that shall be furnished daily to each person confined in said prison and the debtors' apartment. They shall determine the bedding of all convicts, prisoners, and debtors-the quality, form, and color of the uniform for the convicts. One or more of the inspectors shall visit the prison and the debtors' apartment once a-week, and oftener if necessary, and see that the duties of the several officers and attendants are duly performed; and they shall take proper measures to prevent oppression, peculation, Inspectors. and other abuses or mismanagement in the prison. They shall on their visits speak to each person confined in the prison, on which occasions they shall not be attended by any of the officers of the prison, unless their attendance be especially required by the visiting inspector or inspectors. The inspectors shall be furnished by the keeper with a calendar of the persons confined in the prison and debtors' department whenever required, so that they may know by actual inspection whether all the persons named in said calendar are confined in the respective cells and apartments assigned to them, and that the convicts are kept as shall have been directed by the board. They shall have power to Powers. examine any person upon oath or affirmation, or otherwise, touching any abuse or oppression in the prison and debtors' apartment, or touching any other matter within the purview of their duties. They may at any time, with the approbation of the president and one of the other judges of the Court of Quarter Sessions, dismiss any keeper, matron, or physician, and appoint another in his or her place, in the manner herein provided, and fill all other vacancies otherwise occurring in said offices. They shall make a report in writing to the Court of Quarter Sessions of said county, on the first day of the first term in every year, and at such other times as the court may direct, of the condition and state of the prison; which report shall contain the number of prisoners in confinement, their names, age, sex, alleged place of nativity, time of commitment, for what cause and offence committed, and of those, if any, who have escaped, and have been pardoned or discharged, with the particulars connected therewith, and their observations, experience, and opinions to the efficiency of the system of sepa

under insolvent laws.

rate confinement, and give such information as they may deem expedient for making the prison effectual in the punishment and reformation of offenders; whereupon the said court shall take such order on such report as they shall think necessary, and the same shall be filed in the office of the clerk of the court aforesaid.

SECTION 3. That the board of inspectors of the prison may discharge May discharge from prison without any proceeding under the insolvent laws of this Commonwealth, every convict who shall have served out the term of his imprisonment, notwithstanding such convict shall not have paid the costs of prosecution, fine to the Commonwealth, or restored property stolen, or paid the value thereof, if in the opinion of the said board of inspectors such convict is unable to pay or return the same: Provided always, That such discharge shall in no way interfere with the rights of the Commonwealth, the public officers, or of any person interested in the payment of such costs or fine, or the restitution of property stolen; but no such discharge shall be allowed or granted by the said board of inspectors until such convict shall have exhibited to them on oath or affirmation, duplicate schedules of all his property, so far as he can ascertain the same; one of which schedules of property shall be filed and preserved with the papers of the prison, and the other forthwith delivered to the clerk of the Court of Quarter Sessions of Montgomery county, who shall file the same in his office.

Reception of convicts.

When prison completed Inspectors to take charge, &c.

Official visitors.

SECTION 4. That it shall be the duty of the Court of Quarter Sessions of the said county to determine at what time the prison shall be completed and prepared, and suitable to be delivered into the charge of the inspectors to receive convicts and other prisoners into their charge and control, from the custody of the sheriff; and when the court shall so determine and decree, an entry thereof shall be made on the record of said court, from which time this law shall go into full force and effect, and the custody and care of the sheriff of prisoners then confined and under his care in the present jail and in the new prison shall then

cease.

SECTION 5. That as soon as "The Montgomery County Prison" shall be completed and be prepared for the reception of prisoners, to be determined as aforesaid, the inspectors thereof appointed pursuant to this act shall take charge of said prison, and thereupon issue their order to the sheriff of said county (who is hereby authorized and directed to execute the same), commanding the sheriff forthwith to deliver all prisoners then in his charge in the present prison and in the new prison, to the keeper thereof, who shall each be confined in the cell or apartment assigned to him or her, and therein undergo the sentence or term of imprisonment imposed on such prisoners, as nearly as may be practicable, until the term of imprisonment shall expire, or until such person be otherwise legally discharged.

SECTION 6. That the official visitors of the prison shall be the Governor, the members of the Legislature, the Secretary of the Commonwealth, the Judges of the Supreme Court, the President Judges of all courts in the State, the Attorney General and the President and Associate Judges, District Attorney, the Grand Jury, Commissioners, Sheriff, and Coroner of the county. No person who is not an official visitor, or who has not a written permission granted according to the rules the inspectors may adopt (excepting Attorneys-at-Law who shall desire to visit their clients confined for trial), shall be allowed to visit the prison. None but the official visitors shall have any communication with the convicts. No visitor whatever shall be permitted to deliver to, or receive from any convict or other person confined in the prison, any letter or message whatever, or to supply them with any articles of any kind,

excepting letters or messages to or from persons confined for trial, which shall have been before submitted or communicated to the keeper or one of the inspectors, and permission in writing granted by him; nor supply any person confined in prison with any article of any kind without such permission, under the penalty of one hundred dollars for each offence. Any visitor who shall discover any abuse, infraction of law, or oppression, in which any officer or other person employed about the prison is implicated, shall immediately make the same known to the board of inspectors, or to the Judges of the Court of Quarter Sessions if any of the inspectors are implicated.

SECTION 7. That the keeper shall, before entering on the duties of his appointment, be duly sworn or affirmed truly and faithfully to discharge the duties of his office, a copy of which oath or affirmation shall be filed among the papers of the inspectors. He shall also before entering upon the duties of his office, give bond to the Commonwealth of Pennsylvania in such an amount and with such security as the Judges of the Court of Quarter Sessions of the county shall determine and approve, conditioned for the faithful discharge of all duties enjoined on him by this act, or by any subsequent act that may be passed, or by the rules of the inspectors; for a just and accurate account of all moneys, goods, chattels, and effects of all kinds and description whatever that may come into his hands, or that may be placed under his care in pursuance of said appointment on behalf of said prison, or by any person confined therein: for the delivery to his successor in office of all books, papers, and documents; also, of all goods, chattels, and effects which he may have and hold in the right of said appointment; and for the payment of any balance of money belonging to said prison, or any person confined therein remaining in his hands, and for safe keeping of all prisoners and other persons committed to his charge; which bond shall stand for the use of any person or persons injured by the acts or delinquencies of said keeper, and may be proceeded on by any person aggrieved, in the same manner as is directed with regard to sheriff's bonds. And all other persons employed in or about the prison, shall, if the inspectors require it, give bond with security in such amount as they may direct, conditioned as near as expedient to that of the keeper, and in such manner as the inspectors shall fix and determine, said bond to be approved by said inspectors; said bond of treasurer and keeper to be taken and acknowledged before the Recorder of Deeds of the said county, and recorded in his office at the cost of the respective officers, and the original bonds shall be filed by the inspectors in their office; copies of the record of any of the said bonds acknowledged and recorded as aforesaid, and duly certified by the Recorder of Deeds for the time being, shall be good evidence in any action brought against such treasurer or keeper, or their sureties, on such bonds, according to its form and effect, in the same manner as the original would be if produced and offered in evidence.

SECTION 8. That the keeper of the prison when qualified to act, and when he shall have entered on the discharge of his duties, shall, and he is hereby required and directed to receive and take charge of all persons lawfully committed by any court, judge, alderman, or justice of the peace, or other officer having power to commit to prison; and said keeper shall be responsible for the safe keeping of all persons so committed in the same manner and to the same extent that sheriffs and jailors are now by law held liable.

Keeper to be sworn, &c.

Give bond.

Duties of

keeper.

Keeper to reside

SECTION 9. That the keeper shall reside in the prison, and shall not absent himself for a night without the consent of two of the inspectors in prison. in writing; he shall visit every cell and apartment, and see and inspect

Matron to reside in prison.

Physician, visits

of.

Under-keepers.

the condition of every person confined in the prison twice every day, and oftener if practicable, and when visiting the departments of the females shall be attended by the matron; he shall keep a journal in which he shall regularly enter the reception, discharge, death, pardon, or escape of the prisoners, the complaints that are made, and the punishments inflicted for breach of prison discipline, as they occur, the visits of the inspectors and physician, and all other occurrences of note that concern the state of the prison; he shall, with the advice of the inspectors, appoint the under keepers, if in the opinion of the inspectors any be necessary, and dismiss them whenever the inspectors direct him so to do; he shall report all infractions of the rules to the inspectors, and with the approbation of an inspector punish the offender in such manner as shall be directed by the rules of the prison; he shall take charge of, keep, and preserve all money, effects, and clothes found on any person brought into prison to be confined as a convict or prisoner, and shall deliver the same to such person or order when discharged, and at other times by the order of an inspector, who may at any time think such money or effects, or any portion thereof, would be necessary and proper for such person; he shall see that all meals are regularly delivered to the prisoners according to the prison allowance, and shall superintend the work of the convicts who may be employed in the prison; he shall give immediate notice to the physician whenever any person confined in the prison shall complain of sickness requiring medical aid; he shall obey all orders given by the inspectors, and conform to all rules established for the government of the prison.

SECTION 10. That the matron shall reside in the prison and shall not absent herself for a night without the consent of the keeper and two of the inspectors in writing; she shall visit every cell and apartment occupied by a female, and see and inspect the condition of every female prisoner twice a-day and oftener if necessary; she shall faithfully inform the keeper daily, and oftener if necessary, of every matter of importance relative to the persons, cells, and of all other matters under her care; she shall direct the labor and occupation of the female prisoners under the general direction of the keeper, and give such instruction as may tend to their reformation, and render them useful members of society.

SECTION 11. That the physician shall visit every prisoner once in every two weeks, and oftener if his or her state of health require it, and report in writing once in every three months to the inspectors; he shall attend immediately on notice from the keeper that any prisoner is sick, and prescribe and administer medical aid to such prisoner; he shall on the reception of any person into the prison as a convict, if present, or if not, at his next visit, examine the state of his or her health; he shall direct the diet of prisoners under his care, and such other matters as in his judgment will best promote their health, convenience, and comfort.

SECTION 12. That the under-keepers shall inspect the condition of every person committed to their care three times in every day, and oftener if directed. They shall see that all meals are regularly delivered to the prisoners according to the prison allowance and rules, and superintend, under the general direction of the keeper, the work of all prisoners who are employed. They shall give immediate notice to the keeper, or in his absence to the physician, whenever any person confined shall complain of illness requiring medical aid. Each one of the under-keepers shall have a certain number of persons confined assigned to his care by the keeper, and he shall make a daily report to the keeper of their health and conduct; and no under-keeper shall be present when