either of them, or of the persons confined therein, during their confinement, nor 28 April 1829 § 8, derive any emolument from such purchase or sale; nor shall he or they, or either art. 1. 10 Sm. 445. of them, receive under any pretence whatever, from either of the said prisoners, or any one on his behalf, any sum of money, emolument or reward whatever, or any article of value, as a gratuity or gift; under the penalty of five hundred dollars fine, to be recovered in the name of the commonwealth by an action of debt, in any court of record thereof, having jurisdiction of sums of that amount. P. L. 172. monwealth. 25. It shall be the duty of the inspectors, sheriffs or other persons having charge 27 Feb. 1847 § 1. of any penitentiary or jail within this commonwealth, to transmit to the secretary thereof, (e) on or before the first day of February in each and every year, a full To make annual statement in detail of the condition of such penitentiary or jail, during the year reports to the secending on the thirty-first day of the previous December; showing the number of rotary of the comprisoners committed to such penitentiary or jail during the year, distinguishing the convicts, the prisoners for trial, witnesses and other persons committed, and the offences of, or with which they have been convicted or charged, and other causes of commitment; and the sex and color of the persons in every class so distinguished, and how many were insane at the time of their commitment; and further, in relation to convicts, distinguishing persons sentenced to separate labor from persons otherwise sentenced, and of each class of persons sentenced, showing the age, the place of nativity and of conviction, and the term of sentence, and whether they have been previously convicted, and how often and where impris oned; whether they could read or write, or had learned a trade at the time of commitment; whether they had been apprenticed and served out the full term of their apprenticeship; whether married or single; and such statement shall further show the length of imprisonment of witnesses, the average imprisonment of all other persons than witnesses, and persons sentenced; and how many of such other persons received during the year, were returned to court, and how many of them were discharged, and in what manner discharged; distinguishing the prisoners for trial, persons committed as vagrants, as disorderly persons, for breach of the peace and others, and of the whole number of prisoners in such penitentiary or jail during the year; how many were discharged by expiration of sentence, by pardon or otherwise; how many escaped; how many died; the cases of sickness, and the nature thereof; how the prisoners are classified, their different trades and occupations, if any, while in such penitentiary or jail; whether an opportunity is afforded to the prisoners for doing over-work, or for receiving in any other manner the profits of their labor; whether any and what provision is made to furnish such prisoners as need it, with clothing or pecuniary aid on their discharge; whether a physician is regularly employed to attend the sick; what provision is made for the instruction of prisoners in such penitentiary or jail, at the end of the year, distinguishing sex and color in each class; the receipts of the prison, and the sources from which derived; the amount of expenditure, arranged under general heads, and so as to show the costs per diem of each prisoner; the personal property belonging to such penitentiary and jail, and the cash value thereof; together with any information which the said inspectors, sheriffs or other persons having charge of said penitentiaries or jails may deem useful. 26. The inspectors of the eastern and western penitentiaries shall, in addition 10 April 1848 § 2. to the powers and duties already given to them, have power, and are hereby P. L. 428. directed to agree to refer to arbitrators or referees, under and pursuant to the To refer disputes provisions of the voluntary arbitration laws now in force, all disputes which have to arbitration. arisen or may arise between the said prisons, their agents, or the inspectors thereof, or either of them, and any person or persons who may have sent or shall send raw materials to them respectively, for the purpose of being manufactured by the convicts in the said prisons, or either of them; and to take such further proceedings in such references as shall enable a full and fair hearing and investigation of all the accounts, statements and proofs touching the same, and a just and speedy decision of such claims and disputes, by such referees to be mutually chosen by said parties; and the decision of such referees or arbitrators in the premises to be filed under a rule of court, shall be final and conclusive; and the sum awarded shall be collected and paid to the successful party, as like amounts are, in such cases of reference, by law recoverable; and in case said parties cannot agree upon a third referee or arbitrator, he shall be selected and appointed by the other two referees so to be chosen by the said parties. V. Of the duties of the warden. 27. The warden shall reside in the penitentiary; he shall visit every cell and 23 April 1829 § 8, apartment, and see every prisoner under his care at least once in every day; he art. 2. 108m. 446. shall keep a journal, in which shall be regularly entered the reception, discharge, Duties of the death, pardon or escape of any prisoner; and also the complaints that are made warden. and the punishments that are inflicted for the breach of prison discipline, as they (e) By act 5 April 1872, their reports are to be made to the board of public charities: see tit. "Charities." 23 April 1829 § 8, Occur; the visits of the inspector and the physician; and all other occurrences of art. 2. 10 Sm. 446. note that concern the state of the prison, except the receipts and expenditures, the account of which is to be kept in the manner hereinafter directed. 23 April 1829 § 8, art. 3. 10 Sm. 447. The warden shall appoint the under-keepers, who shall be called overseers, and all necessary servants, and dismiss them whenever he thinks proper, or the board of inspectors direct him so to do. He shall report all infractions of the rules to the inspectors, and, with the approbation of one of them, may punish the offender in such manner as shall be directed in the rules to be enacted by the inspectors concerning the treatment of prisoners. He shall not absent himself from the penitentiary for a night, without permission, in writing, from two of the inspectors. He shall not be present when the inspectors make their stated visits to the prisoners under his care, unless thereto required by the inspectors.(g) VI. Of the duties of the overseers. 28. It shall be the duty of the overseers to inspect the condition of each prisoner, at least three times in every day, to see that his meals are regularly delivered, acDuties of the over- cording to the prison allowance, and to superintend the work of the prisoners. They shall give immediate notice to the warden or physician, whenever any convict shall complain of such illness as to require medical aid. seers. 23 April 1829 § 8, art. 4. 10 Sm. 448. Duties of the phy. sician. He Each overseer shall have a certain number of prisoners assigned to his care. shall make a daily report to the warden of the health and conduct of the prisoners, and a like report to the inspectors, when required. No overseer shall be present when the warden or the inspectors visit the prisoners under his particular care, unless thereto required by the warden or inspectors. The overseers shall obey all legal orders given by the warden, and all rules established by the board of inspectors for the government of the prison. All orders to the overseers must be given through or by the warden. The overseers shall not absent themselves from the prison, without permission from the warden. No overseer shall receive from any one confined in the penitentiary, or from any one in behalf of such prisoner, any emolument or reward whatever, or the promise of any, either for services or supplies, or as a gratuity, under the penalty of one hundred dollars and imprisonment for thirty days in the county jail; and when any breach of this article shall come to the knowledge of the warden or inspectors, the overseer or overseers so offending shall be immediately discharged from his office, and prosecuted for the said offence according to law. No overseer who shall have been discharged, for any offence whatever, shall again be employed. VII. Of the duties of the physician. 29. The physician shall visit every prisoner in the prison twice in every week, and oftener if the state of their (his or her) health require it; and shall report once in every month to the inspectors. He shall attend immediately on notice from the warden that any person is sick. He shall examine every prisoner that shall be brought into the penitentiary, before he shall be confined in his cell. Whenever, in the opinion of the physician, any convict in the penitentiary is so ill as to require removal, the warden shall direct such removal to the infirmary of the institution; and the prisoner shall be kept in the infirmary until the physician shall certify that he may be removed without injury to his health, and he shall then be removed to his cell. He shall visit the patients in the infirmary at least once in every day, and he shall give such directions for the health and cleanliness of the prisoners, and when necessary, as to the alteration of their diet, as he may deem expedient, which the warden shall have executed: Provided, They shall not be contrary to the provisions of this law, or inconsistent with the safe custody of the said prisoners; and the directions he may give, whether complied with or not, shall be entered on the journal of the warden and his own. The physician shall inquire into the mental as well as the bodily state of every prisoner, and when he shall have reason to believe that the mind or body is materially affected by the discipline, treatment or diet, he shall inform the warden thereof, and shall enter his observation on the journal hereinafter directed to be kept, which shall be an authority for the warden for altering the discipline, treatment or diet of any prisoner, until the next meeting of the inspectors, who shall inquire into the case and make orders accordingly. (g) By act 31 May 1844, § 1, P. L. 585, he is required to furnish to the several counties a separate account of the expense and labor performed by the prisoners from each county, before any county shall be required to pay any excess for keeping its prisoners; and also to furnish, under oath or affirmation, a similar account to the legislature annually. The physician shall keep a journal, in which, opposite to the name of each 23 April 1829 § 8, prisoner, shall be entered the state of his health, and if sick, whether in the in- art. 4. 10 Sm. 448. firmary or not, together with such remarks as he may deem important; which journal shall be open to the inspection of the warden and the inspectors, and the same, together with the return provided for in the first article of this section, shall be laid before the inspectors once in every month, or oftener, if called for. The prisoners under the care of the physician shall be allowed such diet as he shall direct. No prisoner shall be discharged while laboring under a dangerous disease, although entitled to his discharge, unless by his own desire. The infirmary shall have a suitable partition between every bed, and no two patients shall occupy the same bed; and the physician and his attendants shall take every precaution in their power to prevent all intercourse between the convicts, while in the infirmary. VIII. Of the reception of convicts. 30. Every convict sentenced to imprisonment in the penitentiary shall immedi- 28 April 1829 § 8, ately, after the sentence shall have been finally pronounced, be conveyed by the art. 5. 10 Sm. 449. sheriff of the county in which he was condemned to the penitentiary. On the arrival of a convict, immediate notice shall be given to the physician, who shall examine the state of his or her health, he or she shall then be stripped of his or her clothes, and clothed in the uniform of the prison, in the manner hereinafter provided, being first bathed and cleaned. He or she shall then be examined by the clerk and the warden, in the presence of as many of the overseers as can conveniently attend, in order to their becoming acquainted with his or her person and countenance; and his or her name, height, apparent and alleged age, place of nativity, trade, complexion, color of hair and eyes, and length of his or her feet, to be accurately measured, shall be entered in a book provided for that purpose, together with such other natural or accidental marks, or peculiarity of feature or appearance, as may serve to identify him or her; and, if the convict can write, his or her signature shall be written under the said description of his or her person. All the effects on the person of the convict, as well as his clothes, shall be taken from him or her, and specially mentioned and preserved under the care of the warden, to be restored to him or her on his or her discharge. If the convict is not in such ill health as to require being sent to the infirmary, he or she shall then be conducted to the cell assigned to him or her, numerically designated, by which he or she shall thereafter be known during his or her confinement. How convicts are to be treated, when received. IX. Of the clothing and diet of convicts. 31. The uniform of the prison for males shall be a jacket and trousers of cloth 23 April 1829 § 8, or other warm stuff for the winter, and lighter materials for the summer, the form art. 6. 19 Sm. 449, and color shall be determined by the inspectors, and two changes of linen shall be Clothing and diet furnished to each prisoner every week. No prisoner is to receive anything but the prison allowance. No tobacco, in any form, shall be used by the convicts; and any one who shall supply them with it, or with wine, or spirituous or intoxicating fermented liquor, unless by order of the physician, shall be fined ten dollars, and if an officer, be dismissed. 32. The inspectors and warden of either of the penitentiaries of the state, may permit any convict in said penitentiary to use tobacco, to a limited extent as a reward for good conduct on the part of any such convict, under such restrictions as may be prescribed. of convicts. 16 April 1866 § 1. P. L. 105. Use of tobacco as a reward for good conduct. 8 May 1876 § 1. P. L. 149. 33. It shall be lawful for the wardens of the penitentiaries of this state, at their discretion, at the request of any prisoner therein, or any relative or friend of such who will furnish him means to pay for the same, to subscribe for any daily, Convicts may be weekly or monthly paper or periodical of a moral, political or religious character, furnished with the and receive and deliver the same to such convict: Provided, however, That such daily papers, &c. papers and periodicals first meet the approval of the inspectors of such penitentiaries. X. Of visitors. 34. No person who is not an official visitor of the prisons, or who has not a 23 April 1829 § 8, written permission, according to such rules as the inspectors may adopt as afore- art. 7. 10 Sm. 449. said, shall be allowed to visit the same. The official visitors are the governor, of the visitors. speaker and members of the senate, the speaker and members of the house of representatives, the secretary of the commonwealth, the judges of the supreme court, the attorney-general and his deputies, the president and associate judges of all the courts in the state, the mayor and recorder of the cities of Philadelphia, 28 April 1829 § 8, art. 7. 10 Sm. 449. Lancaster and Pittsburgh, (h) commissioners and sheriffs of the several counties, and the acting committee of the Philadelphia Society for the Alleviation of the Miseries of Public Prisons. None but the official visitors can have any communication with the convicts, nor shall any visitor whatever be permitted to deliver to, or receive from any of the convicts, any letter or message whatever, or to supply them with any article of any kind, under the penalty of one hundred dollars fine, to be recovered as herein before provided for other fines imposed by this act. Any visitor who shall discover any abuse, infraction of law or oppression, shall immediately make the same known to the board of inspectors of the commonwealth, if the inspectors, or either of them, are implicated. XI. Of the discharge of the convicts. 23 April 1829 § 8, 35. Whenever a convict shall be discharged, by the expiration of the term for art. 8. 10 Sm. 450. which he or she was condemned, or by pardon, he or she shall take off the prison Of the discharge of uniform, and have the clothes which he or she brought to the prison restored to him or her, together with the other property, if any, that was taken from him or her, on his or her commitment, that has not been otherwise disposed of. convicts. 8 April 1848 § 16. P. L. 407. When a prisoner is to be discharged, it shall be the duty of the warden to obtain from him or her, as far as is practicable, his or her former history; what means of literary, moral or religious instruction he or she enjoyed; what early temptations to crime, by wicked associations, or otherwise, he or she was exposed to; his or her general habits, predominant passions and prevailing vices; and in what part of the country he or she purposes to fix his or her residence; all which shall be entered by the clerk, in a book to be kept for that purpose, together with his or her name, age and time of discharge. If the inspectors and wardens have been satisfied with the morality, industry and order of his conduct, they shall give him a certificate to that effect; and shall furnish the discharged convict with four dollars to be paid by the state, whereby the temptation immediately to commit offences against society, before employment can be obtained, may be obviated. 36. The 8th article of the 8th section of the act of April 23d, 1829, relative to the penal laws of this commonwealth, shall be and is hereby so modified, that hereafter the inspectors and warden may, if they think it expedient, furnish to a made to discharged discharged convict, any sum not exceeding ten dollars, out of the annual appropriation made by the state for that purpose.(i) Allowance to be convicts. 17 Jan. 1881 § 1. P. L. 12. of fine and costs, if insolvent. 37. The respective boards of inspectors of the state penitentiaries for the eastern and western districts, shall be authorized to discharge from prison, without the Inspectors may delay and expense of any proceeding under the insolvent laws of this commondischarge convicts wealth, every convict who may have served out the term of imprisonment at without payment labor, to which such prisoner now has been or hereafter may be sentenced, notwithstanding such prisoner may not have paid the costs of prosecution, or any fine to the commonwealth, or restored the property stolen, or paid the value thereof, if, in the judgment of the said board of inspectors, such prisoner is unable to pay or restore the same :(k) Provided always, That such discharge shall in no way interfere with the right of the commonwealth, or the public officers, or any person or persons interested in the payment or restitution aforesaid, to proceed under the judgment or judgments of conviction, to recover the amount from the property of such prisoner; and that for this purpose the attorney-general,,or his proper deputy, Attorney-general shall, if he deem it for the interest of the commonwealth, or at the request of any person interested, issue writs of fieri facias and venditioni exponas, and other writs of execution, as the case may require, against such property, and all property, real or personal, of such prisoner, taken in execution, by virtue of such writs, shall be sold, as in other cases, real or personal property is sold, by virtue of similar writs; and such sales shall be as available and effectual in law, as sales in other cases, by virtue of similar writs: And provided also, That no such discharge shall Proceedings to ob- be allowed or granted by the said board of inspectors, until such prisoner shall have exhibited to them, on oath or affirmation, duplicate schedules of all his property, real, personal and mixed, to which he is, in any manner, entitled, as far as he can ascertain the same; one of which schedules or lists of property it shall be the duty of the said inspectors to file and preserve, with the papers of the prison, and the other immediately to transmit to the clerk of oyer and terminer, or the quarter sessions, or mayor's court, as the case may be, in which the said prisoner was tried, to be filed there also, with other papers relating to the case. may issue executions to collect such fines and costs. tain discharge of insolvent convict. 1 May 1861 § 1. P. L. 462. 38. It shall be the duty of the wardens or superintendents of the several penitentiaries and prisons of this commonwealth in which criminals are confined, who Record to be kept have been convicted and sentenced, by any court of justice of this state, to undergo an imprisonment of more than six months, to keep a book, in which shall be en of behavior of convicts. 353. (h) And of Allegheny, by act 16 April 1846. P. L. (i) The act 3 April 1872, provides that each discharged convict, whose residence is within 50 miles of the penitentiary, shall receive $5; and each one whose residence or settlement is 50 miles or more from the penitentiary $10. P. L. 10. (k) See Commonwealth v. Heiffer, 2 Wood. 311. tered the name of each person so confined, and a record of every infraction or violation, by him or her, of the printed and published rules of such penitentiary or prison, with the punishment (if any) inflicted on account thereof; which said book shall be laid before the inspectors, at their regular stated meetings, for examination and approval. 1 May 1861 § 1. P. L. 462. Ibid. § 2. 39. Every prisoner or convict, sentenced as aforesaid, who shall have no such infraction or violation of the said rules recorded against him or her, during any Deduction to be month of the first year of his or her imprisonment, shall be entitled to a deduction made from senfrom the term of his or her sentence, of one day for the first month, of two additional tence in case of days for the second month, and of three additional days for the third and each of good conduct. the remaining months of the said first year of imprisonment; and shall also be entitled, for continued good conduct during the second year, to a similar deduction of four days for each month during which he or she shall not have violated the rules aforesaid, and to a deduction of one additional day per month for each succeeding year, until the expiration of the tenth year; and to an additional deduction of two days per month, during each year of the remainder thereof : Provided, That it shall be lawful for the inspectors of said penitentiaries or prisons, if any such convicts or persons shall wilfully infringe or violate any of in case of misbesaid rules or regulations, or offend in any other way, to strike off the whole or any havior. part of the deduction which may have been obtained previous to the date of such offence.(1) May be stricken off Ibid. § 3. 40. The said inspectors shall have full power and authority to discharge the said criminals, whenever they shall have served out the term of their sentence, less the number of days to which they are entitled under the provisions of this act. 41. The said inspector shall direct the warden or superintendent to give to each prisoner who may, in consequence of good conduct, be discharged at an earlier Certificate of good period than he would otherwise have been entitled to, a certificate thereof, stating conduct to be therein the number of days that have been deducted from his original sentence for given. good conduct. XII. Of the duties of the religious instructor. 42. It shall be the duty of the instructor, to attend to the moral and religious 23 April 1829 § 8, instruction of the convicts, in such manner as to make their confinement, as far as art. 9. 10 Sm. 450. possible, the means of their reformation, so that, when restored to their liberty, Duties of religious they may prove honest, industrious and useful members of society; and the in- instructor. spectors and officers are enjoined to give every facility to the instructor, in such measure as he may think necessary to produce so desirable a result, not inconsistent with the rules and discipline of the prison. 16 April 1838. P. L. 690. 43. It shall be lawful for the inspectors of the penitentiary of the eastern district of Pennsylvania, to elect or appoint, as soon after the passage of this resolution as they shall deem proper, an officer in said penitentiary, who shall be called Moral instructor to a moral instructor, whose duty shall be to advise and instruct the prisoners therein be appointed for confined in their moral and religious obligations, and perform such other services eastern district. as shall, in the opinion of said inspectors, appertain to his station; and the said officer shall receive, as a remuneration for his services, a sum not exceeding eight hundred dollars per annum;(m) the said officer to hold his situation during the pleasure of the said inspectors. P. L. 18. 44. The inspectors of the western penitentiary be and hereby are authorized 8 April 1869 § 1. at their discretion, to have the convicts of said western penitentiary, or any portion or portions of them, congregated for the several purposes of labor, learning, and religious services. (In Commonwealth v. Halloway, 42 P. S. 446, this section was said to be unconstitutional; but the decision of the constitutional question was unneces sary in that case, inasmuch as the court held, that they could not interfere with the discretion of the inspectors. Congregation of convicts for certain purposes. (m) By act 31 May 1844, P. L. 585, the moral instructors are to receive a compensation not exceeding $500 each. |