72 ν. 46.

72 ν. 53.

72 ν. 80.

73 ν. 43.

73 ν. 219.

73 ν. 248.

act to establish a code of criminal procedure for the state of Ohio, passed May 6, 1869,' passed March 30, 1874."

37. The act of March 3, 1875, entitled "An act to amend 'an act to amend section fourteen of an act directing the mode of trial in criminal cases,' passed March 7, 1831, as amended by an act passed March 14, 1862, as amended by an act passed February 1, 1864, passed April 18, 1870."

38. The act of March 15, 1875, entitled "An act amendatory of and supplementary to 'an act supplementary to an act entitled an act for the punishment of crimes, and of the several acts amendatory and supplementary thereto,' passed April 7, 1863."

39. The act of March 23, 1875, entitled "An act to amend section fifty-three of '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,' as amended March 31, 1874."

40. Section thirty-five of the act of March 16, 1876, entitled "An act to regulate and govern the Ohio penitentiary, and to repeal certain acts therein named."

41. Section five of the act of April 11, 1876, entitled "An act for the prevention of cruelty to minors."

42. The act of April 12, 1876, entitled "An act to amend section one hundred and sixty-one of an act entitled 'an act to establish a code of criminal procedure for the state of Ohio,' passed May 6, 1869.”

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

C. H. GROSVENOR, Speaker of the House of Representatives.

H. W. CURTISS,

President of the Senate.

Passed May 5, 1877.

AN ACT

To consolidate, revise, and amend the statutes relating to jails and the penitentiary to be known as "part two, title three, jails and the penitentiary."

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

SECTION 1. The sheriff, or person acting as such, shall have charge of the jail of the county, and of all persons confined therein, and the same shall safely keep, and, by himself or deputy, shall at all times attend to the jail, and govern and regulate the same according to the rules and regulations prescribed by the court of common pleas. [41 v. 74, § 5; S. & C., 746; 29 v. 112, § 4; S. & C., 1398.]

SEC. 2. The sheriff, or person acting as such, shall, by himself or jailer, enter in a suitable book, to be called the jail register, and which shall be kept in the office of the jailer, and delivered to his successor in office, the following:

Sheriff to have charge of jail.

Sheriff to

keep jail register, and

what to be entered

therein.

Sheriff to make and file jail reports.

Sheriff required to regularly visit jail, etc.

Sheriff may appoint a deputy to be keeper of the jail.

Penalties

against jailers for neglect of duties.

Court of com

mon pleas to prescribe

First. The name of each prisoner, with date and cause of his commitment.

Second. The date and manner of his discharge.

Third. What sickness, if any, has prevailed in the jail during the year, and, if known, what were the causes thereof. Fourth. Whether any, or what labor has been performed by the prisoners, and the value thereof.

Fifth. The practice observed during the year of whitewashing and cleansing the occupied cells or apartments, and the times and seasons of so doing.

Sixth. The habits of the prisoners as to personal cleanliness, diet, and order. Seventh. The operation of the rules and directions prescribed by the court of common pleas.

Eighth. The means of literary, moral, and religious instruction, and of labor, furnished prisoners.

Ninth. All other matters required by said rules, or, in the discretion of such sheriff, deemed proper. [41 v. 74, § 6; 8. & C., 746.]

SEC. 3. The sheriff, or person acting as such, shall, on or before the first day of November in each year, make from the jail register, in writing, a jail report, one copy of which report he shall forthwith file in the office of the clerk of the court of common pleas, one copy with the county auditor, and one copy he shall transmit to the secretary of state; and the secretary of state shall communicate the reports of the several sheriffs to the general assembly on or before the twentieth day of November, annually. [41 v. 74, § 7; S. & C., 747.]

SEC. 4. The sheriff, or person acting as such, shall visit the jail, and examine into the condition of each prisoner, at least once during each month, and once during each term of the court of common pleas; and he shall cause all the cells and rooms used for the confinement of prisoners to be thoroughly whitewashed at least three times each year. [41 v. 74, § 12; S. & C. 748.]

SEC. 5. The sheriff, or person acting as such, may appoint one of his deputies to be keeper of the jail. [41 v. 74, § 13; S. & C. 748.]

SEC. 6. Whoever, having the charge of a county jail, neglects or refuses to obey or conform to any rule or regulation lawfully prescribed by the court of common pleas, for the management and regulation of the same, or omits or neglects to perform any duty in respect thereto imposed by any law, shall be fined not less than five nor more than one hundred dollars. [41 v. 74, § 14; S. & C. 748.]

RULES AND REGULATIONS.

SEC. 7. The court of common pleas shall prescribe rules rules for reg- for the regulation and government of the jail of the county,

not inconsistent with the law, upon the following subjects, viz.:

First. The cleanliness of the prison and prisoners.

Second. The classification of prisoners as to sex, age, crime, idiocy, lunacy, and insanity.

Third. Beds and clothing.

Fourth. Warming, lighting, and ventilation of the prison. Fifth. The employment of medical or surgical aid when necessary.

Sixth. Employment, temperance, and instruction of the prisoners.

Seventh. The supplying of each prisoner with a copy of the bible.

Eighth. The intercourse between prisoners and their counsel, and other persons.

Ninth. The punishment of prisoners for violation of the rules of the prison.

Tenth. Such other regulations as the court may deem necessary to promote the welfare of the prisoners. [41 v. 74, § 1; S. & C. 745.]

Printed cop

'rules to be furnished to

SEC. 8. The court shall cause a copy of such rules to be delivered to the county commissioners, and the commission-ies of the ers shall forthwith cause the same to be printed, and deliver to the sheriff a printed copy py for each room and cell of the jail, and forward a copy by mail to the auditor of state, who shall file and preserve the same. [41 v. 74, § 2; S. & C. 746.]

SEC. 9. The sheriff shall, immediately on the receipt of such printed rules, cause a copy thereof to be posted up, and continued, in some conspicuous place in each room and cell of the jail. [41 v. 74, § 3; S. & C. 746.]

SEC. 10. The court may, from time to time as it deems necessary, revise, alter, or amend said rules; and such revised, altered, or amended rules shall be printed and disposed of by the commissioners and sheriff in the manner directed in the two preceding sections. [41 v. 74, § 4; S. & C. 746.]

SUSTENANCE OF PRISONERS.

SEC. 11. The county commissioners, at the expense of the county, shall provide suitable means for warming the jail and its cells and apartments; frames and sacks for beds; night-buckets; and such fixtures and repairs as may be prescribed by the court; and they may appoint a physician to the jail, at such annual or other salary as they deem reasonable, to be paid out of the county treasury; and such physician, or any physician or surgeon employed in the jail, shall make a report, in writing, whenever required by the commissioners, the grand jury, or the court. [41 v. 74, § 10; S. & C. 747.]

SEC. 12. The sheriff shall provide for all prisoners fuel, bed, clothing, and nursing when required, and, except for

the sheriff, etc.

Sheriff to post rules in each room

and cell.

Court may

alter rules.

What thes county commissioner shall provide.

What the sheriff shall provide.

County commissioners may provide for susten

ance of pris

oners in certain counties.

Prisoners of the United States may be confined

in jails.

those confined in jail for debt only, board, and such othe necessaries as the court in its rules shall designate; and he shall be allowed and paid by the county, for services required by the provisions of this chapter, such compensation as the commissioners may prescribe. [41 v. 74, § 11, S. & C. 747; 29 v. 112, § 4, S. & C. 1398.]

SEC. 13. The commissioners of any county containing a city of the first class, and having a population exceeding fifty thousand, whenever they deem it for the interest of the county, or the welfare of the prisoners confined in the jail, shall notify the sheriff that they will provide for the sustenance and comfort of such prisoners, and thenceforth, for such time as they deem proper, they shall provide for such prisoners at the expense of the county. [61 v. 78, §1; S. & S. 406.]

PRISONERS OF THE UNITED STATES.

SEC. 14. The sheriff or the keeper of every county jail shall receive all prisoners charged with or convicted of crime, committed to his custody by the authority of the United States, and keep them safely until discharged by due course of law; and every prisoner committed for any offense by the authority of the United States shall be supported at the expense of the same during his confinement in jail, and no greater compensation shall be charged by a sheriff or keeper of a jail, for the subsistence of such prisoners, than is authorized by law to be charged for the subsistence of state prisoners; and the commissioners of a county in which a prisoner so committed may be confined shall be entitled to receive from the United States the sum of one dollar per month for the use of the jail for every person so committed; and a sheriff or jailer who neglects or refuses to perform the services and duties required of him by this section, shall be liable to the like penalties, forfeitures, and actions as if such prisoner had been committed under the authority of this state. [57 v. 108, § 1; S. & C. 749.]

USE OF JAILS OF ADJOINING COUNTIES.

SEC. 15. The sheriff, or person acting as such, in any county having no jail, or no sufficient jail, shall convey any person charged with the commission of an offense, or sentenced to imprisonment in the county jail, or in custody upon civil process, to the jail of such adjoining county as he deems most convenient and secure; and such officer may call such aid as may be necessary in guarding, transporting, or returning such person; and whoever neglects or refuses to render such aid, when required, shall forfeit and pay the sum of ten dollars, to be recovered by action in the name and for the use of the county. Such officer and his assistants shall each receive such compensation for their services as the auditor of the county from which such person was removed may deem rea