iiiiii THE OF OFFICERS' HAND BOOK ■-^ 1905 ^mmW M,mtx%\% Jibi^tg THE GIFT OF PWlhb(ft-...B.,^^f. Vfl;^^ AzGo732. 'Kk The date shows when thi$ votume was taken. To renew this book copy the call No, and give to ^ the librarian. HOMfuSE RULES. All Books subject to RAcall. Books not nsed for instructioti or researeh _ are returnable within 4 weeks. Volumes of periodi- cals and of pamphlets are held in the library as much as possible. For special purposes tliey are given ouj for a limited time. — Borrowers should not use their library privileges for the bene- fit of other persons. Books not needed during recess periods ■ should be returned to tiie library, or arrange- ments made for their return during borrow- er's absence.if wanted. Books needed by more than one person • are held on the reserve list. Books of special value and gift books, when the giver washes "it, are not allowed to circulate. Readers are asked to report all cases of books marked or muti- lated. Dv nl)t deface books byrmorks and writing. Cornell University Library HV8341 .A6 1905 The prison officers' hand book 3 1924 030 329 530 olln -B^ ^ Cnmmnntoealt^ of Passar^iisi^tts. THE Prison Officers' Hand Book CONTAINING LAWS RELATIVE TO PRISONS; DIGEST OF THE DECISIONS OF THE SUPREME JUDICIAL COURT, ALSO OPINIONS OF THE ATTORNEY GENERAL CONCERNING PRISON MATTERS ; LIST OF PENAL INSTITUTIONS, ETC. Prepared by F. G. Pettigrove, Chairman of the Board of Prison Coiinnissionprs. BOSTON : WEIGHT & POTTEE PEINTING CO., STATE' PEINTEES, 18 Post Office Square. 1905. [Chap. 53.] Eesolve to authorize the board of prison commissioners to pre- pare AND PRINT A MANUAL OF LAWS RELATIVE TO PRISONS. Resolved, That there be allowed and paid out of the treasury of the Common-wealth a sum not exceeding four hundred dollars, to be ex- pended by the board of prison commissioners in the preparation and printing of a manual to contain the laws relative to prisons and such other information as the commissioners may determine. Approved April 21, WOJf. Approved by the State Boakd of Publication. INTRODUCTORY NOTE. Ten years ago the prison laws were arranged in a manual for the use of prison officials. Since that time all the statutes have been con- solidated into the Eevised Laws. Although it is but four years since the statutes were adopted in that form, a considerable number of changes have already been made in the laws governing prisons. Among these are the extension of the indeterminate sentence to the Eeformatory Prison for Women, the regulation of the Temporary Industrial Camp for Prisoners, the establishment of a hospital prison for consumptives, the revision of the law relative to religious instruction of prisoners, and many others of importance. This handbook is designed to include all the laws that concern the administration of prisons; and some sections that, taken alone, are not applicable to prison officers, are printed for the purpose of ex- plaining other sections that depend upon them. Entirely new legislation is printed in the same type as the Eevised Laws, and all amendments are printed in italics. Sections that have been specifically repealed are omitted, and a few words repealed by implication are enclosed in brackets. The authority for every change is indicated in the margia. The digest of the decisions of the supreme court embraces only such cases as clearly apply to the statutes of the present time; and there have been added to those cited in the Eevised Laws a few decisions rendered since 1901. The opinions of the Attorney-General are not printed in full, but enough of each is given to indicate its character and scope. P. G. P. September, 1906. Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030329530 Commonfo^alt^ of ^m^u^mdtB. LAWS EELATIYE TO PRISONS. EEYISED LAWS. (AMENDMENTS PRINTED IN ITALICS.) CHAPTEE 222. OF THE BOARD OF PRISON COMMISSIONERS. Sbctioh" 1. There shall be a board of prison cominis- Board of sioners, consisting of five persons, two of whom shall be misBionere. ' ° r ' 1827, 118, §§ 1, women, and one of whom shall be appointed annually in 1 1|- ^^^ , June by the governor, with the advice and consent of the ■i8lo;37. council, for a term of five years from the first Wednesday ze. ^' '^^^' ^^ ^' of July. The governor shall designate one member as lo, I'l. . 1879, 294, §§ 1, chairman of the board, and he shall receive a salary of ss- ' '' p. S. 319, §§1,2. four thousand dollars a year. The other members of the Jgoi'leKsi 2 board shall not receive any compensation; but they and 487^/'' ^' **■ the chairman shall be reimbursed their actual personal expenses which are incurred while they are engaged in the performance of their ofiicial duties. ISTo member of the board shall be concerned or interested, directly or in- directly, in a contract, purchase or sale which is made on account of any prison. The board may delegate to the chairman any of its powers and duties, except the author- ity to release cind tpanofoi* prisoners. 1 ^ o 7, 118, § 5. deputy warden, clerk, watchmen, assistant watchmen and u- s. 144, § 28. r .J ^ J ' Of. S. 179, § 25. all other subordinate officers of the prison shall perform fg-gglf^l.,*^- such duties in the charge and oversight of the prison, the i'-""*' -*'"■ § "- care of its property and the custody, government, employ- ment and discipline of the convicts, as the warden, in conformity to law and the rules and regulations of the prison, may require. Section 12. The chaplain shall conduct divine ser- ^^'y^*^ vice in the chapel of the prison, shall instruct the con- Jg*;]j||J: victs in their moral and religious duties, visit the sick g; |; "t; § w. on suitable occasions, have charge of the school and library F.'s. It I w- of the prison under the direction of the warden and shall devote his entire time to the duties of his office. Section 13. The physician and surgeon shall visit the rnd^eSjIon.'"' hosnital of the prison at least once each day, and as much Jgi*; f^\ \ I; ^ J-^ , ^., -1 (• -4. R. S.U4, §13. oftener as may be necessary, shall prescribe lor convicts g.s.179,|2o. who are ill, and shall attend to the regimen, clothing and ' ' ' 14 LAWS KELATIVE TO PRISONS. [K. L. cleanliness of convicts who are in the hospital. He shall keep a regular journal of all admissions to the hospital, the time of admission, the nature of the disease, his pre- scriptions, the treatment of each patient and the time of his discharge from the hospital or of his death. The journal shall also contain entries of all orders given for supplies for the hospital department, specifying the ar- ticles ordered, and it shall remain at the prison. All such orders shall be in writing, and the warden shall provide the supplies so ordered, men'to^lict''*' Sectiow 14. If a convict complains of illxess which K.Ti44',§u. requires medical aid, notice thereof shall be given to the p! s.' 221,' § 16.' physician, who shall visit the convict, and, if in his opinion the illness requires the removal of the convict to the hospital, the warden may order such removal, and the convict shall remain in the hospital until the physi- cian determines that he may leave it without injury to his health, anddieun^tbe Sectiok- 15. He shall have the direction of the sub- 1827^ 118,' § 16. sistence and diet of the convicts in the hospital; but his R. S. 144,, § 46. G. s. 179, § 60. order for all articles of comfort or indulgence which are p. S. 221, § 16. ... not included in their regular hospital rations shall be in writing and for a term of not more than one week. im^ili. ^^'^ ' Sectiok" 16. He shall attend upon all insane convicts, p.' s.' 221,' §14.' and, if in his opinion they can be removed to the prison hospital without detriment or danger to the other patients or inmates of the prison, he shall order them to be so removed and shall see that they have sufficient daily ex- ercise outside their cells or places of confinement, have no other Sectioh" 1Y. E"either the warden nor any officer ap- baainess. . 1827, U8, |8. pointed by him or by him and the commissioners shall p.' 1; 221,' 1 9!^' ^® employed in any business for private emolument or which does not pertain to the duties of his office. Uniforms, etc. £^ -1 r> mi fr> k -, • ■, 1873, 198, §1. bECTiON- 18. ihc officcrs of the prison, except the 1875, 56, § 1. . . ^ ' '^ P. s. 221, §10. clerk, physician and chaplain, shall, while on duty, wear such uniform, cap or badge as the warden may from time to time prescribe. Chap. 223.] LAWS RELATIVE TO PRISONS. 15 Section 19. The officers of the prison shall receive salaries. 1811 32 S I'' the following annual salaries: the warden, four thousand Jgis' m''' ^ '^' dollars ; the chaplain, two thousand dollars ; the physician IfH J]^' 1 1- and surgeon, fifteen hundred dollars; the deputy warden, lii;67^§\^' two thousand dollars; the clerk, two thousand dollars; i854,'27^.'^^' the engineer, fifteen hundred dollars; the assistant en- i867;i22;§2; 196. gineer, not more than one thousand dollars ; the electri- «• s. 179, § 13. , ' 1867,312. cian, not more than twelve hundred dollars ; the steward, J^™- |J3- twelve hundred dollars; each turnkey, twelve hundred J88i;i78;§2. dollars; each watchman who has been in the service of fssl.'loli.'ls-^' the prison for six years or more, twelve hundred dollars ; waa, wl, § 2. 1889 412 5 2 each watchman who has been in said service for three 1893I465! 1894, 370. years and for less than six years, one thousand dollars; i™' 286' Is' each watchman who has been in said service for less i^o^'*'*- than three years, eight hundred dollars; the assistant watchmen, not more than eight hundred dollars each. In fixing the rate of compensation of watchmen, pre- vious service in any prison of the commonwealth shall be considered. 'No other perquisite, reward or emolument shall be allowed to or received by any of them, except that the warden and deputy warden shall be allowed suffi- cient house room, properly furnished, and fuel and light, for themselves and families. The compensation of the assistant engineer, of the electrician and of the assistant watchmen shall be fixed by the warden, with the approval of the prison commissioners. THE MASSACHUSETTS EEFOEMATOEY. Section 20. The Massachusetts reformatory at Con- Massachusetts reformatory. cord in the county of Middlesex shall be the reformatory prison for the commonwealth in which all male persons under forty years of age, who have been convicted of crime in the courts of this commonwealth or of the United States and who have been duly sentenced or re- moved thereto shall be imprisoned and detained in accord- ance with the sentences or orders of said courts and the rules and regulations of said reformatory. 18S4, -235, §§ 20 21. 1901, 364, § 3. 16 LAWS RELATIVE TO PRISONS. [R. L. ?e?o™atory!^ Section" 21. The officers of the reformatory shall be ill; is; 1 1!*' a superintendent, deputy superintendent, chaplain, physi- is9o; 255! ^ ' cian, clerk, engineer, four turnkeys and as many watch- isri4; 47?; § 2.' men, not exceeding fifty-six, as the superintendent, subject to the approval of the prison commissioners, may consider necessary. S\"eu°perto^°' Segtiokt 22. The Superintendent shall be appointed by otan.^tc.^''^^'' the prison commissioners, and shall hold office during their pleasure. All other officers of said reformatory shall be appointed by the superintendent, and shall hold their offices during the pleasiire of the superintendent. SJenJent""''^''' Sectiow 23. The Superintendent shall, before enter- i9oi; siit ^ '^' ing upon the performance of his official duties, give bond to the commonwealth in a sum and with siireties approved by the prison commissioners, conditioned faithfully to ac- count for all money received by him and faithfully to perform his duties as siiperintendent. MWOTs^o't' Section" 24. The superintendent shall reside at all Inf®'^'"'*'""^' times within the precincts or dependencies of the reforma- tory, he shall have the custody and control of all prisoners committed to the reformatory, the management and direc- tion of the reformatory, under the rules and regulations thereof, and the custody and control of the buildings and property of the commonwealth connected therewith. He shall receive and securely keep, according to the terms of the sentence, any male person who is sentenced to the reformatory by any court of the United States, or who is sentenced by such court to any other prison and re- moved to the reformatory. He shall purchase all neces- sary supplies for the reformatory, and shall receive and pay out all money advanced by the commonwealth for the support thereof. He shall cause fiiU and accurate books of account of the property, expenses, income and business of the reformatory to be kept. He may, with the ap- proval of the board of prison commissioners, expend not more than three hundred dollars annually for the enter- tainment of official and other visitors to the reformatory, 1884, 255, §§ 23, 24, ISSli, .323, § 6 rjOl, 224. Chap. 223.] LAWS KBLATIVB TO PRISONS. 17 such expenditures to be paid out of the annual appropria- tions for the support of said reformatory. Section 25. If the office of superintendent is vacant, peputyauper- or li the superintendent is absent from the reformatory f^f^^i^Jl"*?" or is unable to perform the duties of his office, the deputy Ym%5. §§ 25, superintendent shall have the powers, perform the duties ^'^' and be subject to the liabilities of the superintendent. If the office of superintendent becomes vacant, the prison commissioners may require the deputy superintendent to assume the duties of superintendent, and to give bond to the commonvs^ealth in the sum of ten thousand dollars, with siireties who shall be approved by them, conditioned for the faithful performance of his duties as deputy super- intendent until a superintendent is appointed and faith- fully to account for all money received by him as such. After the approval of said bond, the deputy superintend- ent • shall, so long as he performs the duties of super- intendent, receive the salary of that officer in lieu of his salary as deputy superintendent. If the deputy super- intendent does not give such bond when required, the prison conmaissioners may relieve him from the duties of superintendent and appoint a superintendent pro tempore, who shall give such bond, and shall have the power and authority, perform the duties and receive the salary of the superintendent until a superintendent is duly appointed and qualified. Sectiow 26. The chaplain shall devote his whole time Duties of f. T . IT - chaplain. to the instruction ol the prisoners and to the promotion wsi, 255, § 27. of their moral and religious well-being. Section 27. The officers of the reformatory shall re- salaries. 1884, 255, § 2'2> ceive the following annual salaries: the superintendent, J^^§'^g§'|| thirty-five hundred dollars; the deputy superintendent, 1893,333, §2. two thousand dollars; the chaplain, two thousand dollars; the physician, one thousand dollars; the clerk, two thou- sand dollars; the engineer, fifteen hundred dollars; each turnkey, twelve hundred dollars; each watchman who has been in the service of the reformatory for six years or 18 LAWS RELATIVE TO PRISONS. [K. L. more, twelve hundred dollars; each watchman who has been in said service for three years and less than six years, one thousand dollars; each watchman who has been in said service for less than three years, eight hundred dollars. In fixing the rate of compensation of the officers as aforesaid, previous service in any prison of the com- monwealth shall be considered. 'No other perquisite, re- ward or emolument shall be allowed to or received by any of the said officers, except that the superintendent and deputy superintendent shall be allowed sufficient house room, properly furnished, and fuel and light, for them- selves and their families. Prison for women. 1874, 385, 5 3. P. S. 221, 5 43. 1887, 426, § 1. 1891), 304. Sentences to reformatory prison for women. 1903, 209, § 1. Felony. 1903, 209, § 2. Misdemeanor. 1903, 209, § 3. Prison com- missioners [may] shall make rules. 1903, 209, § 4. THE EEFOEMATOEY PRISOIT POE WOMEN. Sectiok" 28. The reformatory prison for women at Sherborn in the county of Middlesex shall be the prison of the commonwealth in which all females who have been convicted of crime in the courts of the commonwealth or of the United States and who have been duly sentenced or removed thereto shall be imprisoned and detained in ac- cordance with the sentences or orders of said courts and the rules and regulations of said prison. Whe7i a woman is sentenced to be imprisoned in the reformatory prison for women the court or trial justice imposing the sentence shall not prescribe the limit of the sentence unless it is for a term of more than fi.ve years. A woman who is sentenced to said reformatory prison for a felony may be held therein for not more than five years, or if sentenced for a longer term than five years may be so held for such longer term. A woman who is sentenced to said reformatory prison for a misdemeanor may be held therein for not more than two years. With the approval of the governor and council the prison commissioners shall make rules for dealing with prisoners luho are sentenced under this act, according to their behavior and industry. Chap. 223.] LAWS RELATIVE TO PRISONS. 19 When it appears to the prison commissioners that a Permit to be at liberty may prisoner who is sentenced to the reformatory prison for issue in certain women under this act has reformed, they may issue to ^^°^' ^''^' ^ ^^ her a permit to he at liherty, upon such conditions as they shall prescribe, during the remainder of the term for which she might he held in said prison; and they may revoTce said permit at any time before its expira- tion. The provisions of section one hundred and twenty- k. l. 225, § 129, '- ' ^ to apply. nine of chapter two hundred and twenty-five of the Revised Laws shall apply to all cases of revocation of a permit under this act. Section 29. The officers of said prison shall be a officers of superintendent, deputy superintendent, chaplain, physi- 1^74, 385, §§ 6, s. cian, clerk, as many matrons, assistant matrons and ^- ^- ^^i- §§ **> deputy matrons, not exceeding twenty-six, as the super- intendent and the commissioners may judge necessary. All said officers shall be women, except that the super- intendent may be either a man or a woman. Sectiokt 30. The superintendent shall be appointed ^fPauperiS^"' by the prison commissioners, and hold office during their Jl^^^sss, |f e, 7. pleasure. All other officers and employees [except the p. s. 221, §§ 45, steward] shall be appointed by the superintendent, and 1961, 364, § 3. shall hold their offices during the pleasure of the super- intendent. Section 31. The superintendent shall, before enter- Bond, ing upon the performance of his official duties, give bond fg-gflf^i'l/^- to the commonwealth in the sum of ten thousand dollars, isoi.sei. with sureties who shall be approved by the prison com- missioners, for the faithful performance of his duties. Section 32. The commissioners may, in behalf of for"on?ictT. the commonwealth, hold not more than one acre of land within the town of Sherborn, which may be used for the burial of prisoners who die in the prison. Section 33. The superintendent shall reside at all ^XTo^Buper- times within the precincts or dependencies of the prison, isTMsfuo. shall have the custody and control of all prisoners com- fssf.IlT,'!^' mitted thereto and shall govern and employ them accord- 20 LAWS RELATIVE TO PRISONS. [R. L. ing to law, pursuant to their sentences and the rules and regulations of the prison. Pie shall have the management and direction of the prison, its servants and employees, and all its affairs, except as otherwise provided. p?oiS?ty.* Sectiobt 34. He shall receive and disburse all money i8b3, 267, § 1. p^^^ ^y ^i^g commonwealth for the support of said prison, shall purchase all supplies and all other articles needed for carrying on and managing the prison, shall have the custody and control of all property connected with or be- longing to the prison and shall cause regular and com- plete books of accounts of all the property, expenses, income and business of the prison to be kept. Stl'ndenL^^'^" Section 35. If the superintendent is absent from i883'267 §§3 4. ^^^ prison, or is unable to perform the duties of his office, the deputy superintendent shall have the powers, perform the duties and be subject to the liabilities of the super- intendent. If the office of superintendent is vacant, the prison commissioners may require the deputy superin- tendent to perform the duties of superintendent and to give a bond to the commonwealth in the sum of ten thou- sand dollars, with sureties who shall be approved by them, conditioned for the faithful performance of her duties as deputy superintendent until a superintendent is appointed and to faithfully account for all money which comes into her hands as such. After the ajDproval of her bond, she shall, so long as she performs the duties of superintendent, receive the salary of that officer in lieu of her salary as deputy superintendent. If she does not give such bond when required, the prison commissioners may remove her from office and appoint a superintendent pro tempore, who shall give such bond, and shall have such power and authority, perform such duties and receive such salary until a superintendent is duly appointed and qualified. SiapiaiS* Section 36. The chaplain shall, in addition to her other duties, act as teacher and, as such, have charge of the prison school and of the instruction of the prisoners, 1884, 43, § 1, Chap. 223.] LAWS RELATIVE TO PRISONS. 21 under rules from time to tinfe established by the super- intendent and approved by the prison commissioners. Section 3Y. [Eepealed by chapter 205, Acts of 1904. J f6|37t6?;§2. li)04, 20.1. SECTioisr 38. The superintendent may appoint a watch- watchman for '^ ^ ^ Washakum man to protect the waters of Washakum pond in the towns p™*a„„ , „ of Framingham and Ashland, and he shall have the pow- i^^^^.^ts. ers of a district police ofBcer. Sectioit 39. The officers of the prison shall receive the salaries. following annual salaries: the superintendent, two thou- p. s'. 221, § 47. Tin? 11 -1 18**' *3. § 3. sand dollars ; the deputy superintendent, one thousand dol- i^s?, 341. i-OOOj o^ i * lars ; the chaplain, one thousand dollars ; the physician, one ''*'"• ^^^• thousand dollars; the clerk, eight hundred dollars; each matron, four hundred dollars; each deputy matron, three hundred and fifty dollars ; each assistant matron, three hrmdred dollars. No other perquisite, reward or emolu- ment shall be allowed to or received by any of them, ex- cept that all said officers may reside at said prison or its dependencies at the public charge. PEISOir CONTEACTS. Sectiok- 40. All bills contracted by the warden of ^i[,P™'''" °* the state prison, the superintendent of the Massachusetts p.'|',f2i',§64. reformatory or the superintendent of the reformatory in88i 337! prison for women for the maintenance of said institutions and the pay rolls of salaries of officers and employees thereof shall, before payment, be approved by a majority of the prison commissioners. Section" 41. All contracts on account of said prisons contracts, shall be made by the warden or superintendents, respec- is-iil us, § 3. tively, in writing, and, when approved in writing by the 5|-_f\iljf'|f|- commissioners, shall be binding. The warden and super- fggfJ^^'JI^- 1888! 403^ § 7! 11 Gush. 610. intendents, or their successors, may sue or be sued upon Ifii*}: any contract made in accordance with the provisions of this chapter. ISTo such suit shall abate by reason of said offices becoming vacant, but the successor of either of 22 LAWS KBLATIVE TO PRISONS. [B. L. Arbitration of controversies. E. S. 1U, § 20. G. S. 179, § 33. 187H, 294, § 20. P. .S. 221, § 66. 18S3, 2B7, § 5. Contracts for supplies hy ttje year. 1821, 108, §§ 3, 4. 1825, 89, § 6. 1827, 118, § 16. E. S. 144, § 21. G. 8. 179, § 84. 1879, 294, § 21. P. S. 221, § 67. 1883, 267, § 5. Proposals to iDe in writing, 1821, 108, § 3. 1827, 118, § 16. R. S. 144, §§ 22, 23. G. S. 179, § 36. 1879, 294, § 22. P. S. 22i, § 58. 1883, 267, § 5. Bills to be taken of all purchases', services, etc. E. S. 144, § 24. G. S. 179, § 37. P. S. 221, § 24. said officers, pending sucli suit, may, and upon motion of the adverse party and notice sliall, prosecute or defend it. Section 42. The warden or superintendent may sub- mit any controversy relative to a contract made by him or an action pending on such contract to the final determina- tion of arbitrators or referees who shall be approved by the commissioners. Section 43. If, in the opinion of the commissioners, it can be advantageously done, the principal articles pur- chased for the use of said prisons shall be contracted for by the year. The warden or superintendent, as the case may be, shall publish notice in at least two newspapers a sufficient time for the information of the public of the articles wanted, their quantity and quality, the time and manner of delivery and the period during which proposals therefor will be received. Section 44. Such proposals shall be in writing and sealed, and on the day appointed they shall be' opened by the warden or superintendent in the presence of the com- missioners, who shall cause them to be entered in a book and compared. The persons who offer the best terms, with satisfactory security for the performance, shall be entitled to the contract unless it appears to the commissioners that it is not for the interest of the commonwealth to accept any of the proposals. In such case, no offer shall be accepted, and the warden or superintendent, with the consent of the commissioners, may contract for any of the articles wanted in a way which shall be for the best in- terests of the commonwealth. Every contractor shall give bond in a reasonable sum, with satisfactory surety, for the performance of his contract. Section 45. The warden or superintendent shall, at the time supplies for the prison are delivered, take bills of the quantity and price thereof, which the clerk or such officer as the warden or superintendent directs shall com- pare with the articles delivered and, if they are correct, shall enter them with the date upon a book to be kept for Chap. 223.] LAWS RELATIVE TO PRISONS. 23 the purpose. Bills of all services rendered for the prison shall he taken and entered in like manner. If a bill for supplies or services is incorrect, the clerk shall not enter it, but shall inform the warden or superintendent, that the error may be corrected. APPEOPEIATIONS. Section 46. An annual appropriation shall be made Annual appro- for the support of said prisons. The salaries and pay of ^'aiaSe",' etc., officers and employees and all bills for supplies and other V'^f^l^- expenditures for said prisons shall be paid monthly from If,^' ^^^- ^^ ^^^ the treasury of the commonwealth, having first been cer- p- «. 221, §§ 59, tified by the auditor, upon schedules, enumerating the isp,' 2.55; § 36. bills and pay rolls and accompanied by vouchers. The ^*'''^' *''^' ^ ''■ name and position of each officer, the amount of his pay and the amount due to him shall be on the pay roll, which, with the bills, shall be certified by the warden or by the superintendent, as the case may be. A record in full of the pay rolls and bills shall be made by the clerk in a book kept for the purpose at each prison and the originals shall be deposited with the auditor as vouchers. There shall be allowed and paid to (said) the town of Disposal 0/ i \ / sewage at re~ I rammgham, from and after the first day of January in ■''°Xn%r the year eighteen hundred and ninety-three, the sum of six Annual aiiow- hundred dollars annually, in full payment of the percent- Fram'ng'Sm"^ age which the Commonwealth shall pay toward the annual ' *'' ^ ^' expense of maintaining and operating said system of sewage disposal,* as long as there shall be discharged into said system the sewage from said reformatory prison for women. * Constructed by the town of Framingham, in accordance with chapter 403 of the Acts of 1887. 24 LAWS RELATIVE TO PRISONS. [R. L. Inspectors of prisons; duties. 1S34, 151, § 15. E. S. US, §§ 2S, 29. 1843, 61, § 2. 1845, 221. G. S. 178, §§ 62, 64. 1864, 311, § 1. P. 8. 220, §§ 72, 73. Access to books, ac- counts, etc. E. S. 143, § 31. G. S. 178, § 66. P. S. 220, § 74. CHAPTEE 224. OP JAILS AND HOUSES OP CORRECTION. INSPECTIOH" OF PEISONS. Section 1. The county conunissioners shall be in- spectors of the prisons in their counties. They shall twice in each year, at intervals not exceeding eight months, themselves or by a committee of two of their members, visit all the prisons in their county, and fully examine into everything relative to the government, discipline and police thereof, and as soon as may be after each inspec- tion, the committee shall make and subscribe a detailed report to the commissioners of the condition of each prison as to health, cleanliness and discipline at the time of in- spection, the number of prisoners confined there within the preceding six months or since the last inspection, the causes of confinement, the number of prisoners usiially confined in one room, the distinction, if any, usually ob- served in the treatment of the different classes of prison- ers, the punishments inflicted, any evils or defects in the construction, discipline or management of such prisons, the names of prisoners who have been discharged or par- doned or who have died or escaped; and any violation or neglect of law relative to such prisons, with the causes, if known, of the violation or neglect. Segtiobt 2. When the commissioners or any of them visit any of said prisons, for the purpose of inspection or otherwise, the sheriff, master, keeper or other officer who has charge thereof shall admit them, when required, into every apartment of such prison, exhibit all books, pre- cepts, documents, accounts and papers relative to the af- fairs of the prison or to the detention or confinement of any person therein, which may be required, and afford to them such aid as may be requested in the performance Chap. 224.] LAWS EELATIVE TO PRISONS. 25 of their duties. The commissioners or their committee may examine tinder oath, administered by one of them, either by interrogatories in writing to be answered in writing and subscribed, or otherwise as they may direct, any officer, keeper or other person relative to the affairs or management of any prison, and they may also con- verse with any of the prisoners apart, and without the presence of any officer or keeper. Section" 3. If it appears to the commissioners, fron: Notice to die- ^^ ' tnct attorney the report of their committee or otherwise, that any pro- "( [,1^'^''"° vision of law relative to prisons has been violated or neg- 5'. I', its] | e?'. lected in their county, they shall forthwith give notice ■ ■ ' • thereof to the district attorney. JAILS. Section 4. Jails shall be used for the detention, — jaiis, pur. poses of. First, Of persons chareed with crime and committed R- s. us, § i. ' r a (J, S 17S, § 1. for trial p. S.220, §1. lUl Widi. 14 Gray, 241. Second, Of persons committed to secure their attend- i33 Mass. 400. ance as witnesses upon the trial of criminal causes. Third, Of persons committed pursuant to a sentence upon conviction of crime or for any cause authorized by law. Fourth, Of persons detained or committed by the courts of the United States. Section- 5. If there are several iails in a countv, the sheriffmay '' ^ remove pris- sheriff may cause the prisoners to be coniined in any of ^"l^'i^g^ § 43. them. G. s. ITS, § 2. p. s. 220, § 2. Section 6. If a prisoner escapes by reason of the K|™i^f^^^<'^^ig insufficiency of the jail, whereby the sheriff is made liable g;: damages to a party at whose suit the prisoner was committed, or JI^5;Vi!'§\!'' to whose use any forfeiture was adjudged against hmi, g;s:i78,§4: the county shall reimburse the amount recovered by such party of the sheriff on account of the escape. Section 7. The jailers of the county shall, at the Return of iist •-^-^^■^ J u T • 1 ol prisoners opening of each sitting of the superior court at winch g<™'rtg,§.2. criminal business may be transacted, return to the court 1700-1, 2,'§ 1. 26 LAWS RELATIVE TO PRISONS. [R. L. 1784, 41, § 5. 1836, 4, § 19. G. S. 178, § 6 P. S. 220, § 6 a list of all prisoners in their custody, specifying the causes for whicli, and the persons by whom, they were committed, and produce and exhibit therewith, for the inspection of the court, their calendars of prisoners, and return a like list of the persons committed during the session of the court, in order that the court may take cog- nizance and make deliverance according to law of the prisoners committed for crimes within its jurisdiction. Jailers who neglect" to make such reports or to exhibit their calendars shall be punished by a fine at the dis- cretion of the court. Houses f cor- rection, ho\Y provided , etc. C. L, .137, . §2. 1699-1700, 8, § 1. 1787, 54, § . 1. 1818, 12a, §5. 1834, 1.5], §1- E. S. 14, 1 §9; 1*3, § i2. 1848, 324, §2. lS.i4, 448, §33. G. S. 178, §6. P.S. 220, §7. 1885, 266, §6. 101 Mass . 24. 116 Mass .194. Enclosed yard s. 1&34, 151, §1. K. S, .143, §3. G. S .178, § 7- P.S. , -220, §8. Sentence to house of cor- rection in a county. 18.59, 249, § 7. G. S. 178, §8. Cotinty com- niissionera, etc., to enforce rules, inspect accounts, etc. 1834, 151, § 6. HOUSES OF COEEECTIOM'. Section 8. The county commissioners in each county, except Dukes County, shall, at the expense of the county, provide a house or houses of correction, suitably and effi- ciently ventilated, with convenient yards, workshops and other suitable accommodations adjoining or appurtenant thereto, for the safe keeping, correction, government and employment of offenders who may be legally committed thereto by the courts and magistrates of this common- wealth or of the United States. Sectioh- 9. The yards shall be of sufficient extent for the convenient employment of the persons confined therein, and shall be enclosed by fences of sufficient height and strength to prevent escapes and to prevent all persons who are without from access to or communication with any person confined therein. If such house of correc- tion is not provided, the jail or a part thereof may be used for that purpose ; but if so used, it shall be provided with a sufficient yard, so enclosed. Section- 10. The sentence of prisoners to a house of correction shall be executed in any housB of correction m the county. iseo, i64, §i. 1862, 127, §i. p. s. 220, §10. Section" 11. The county commissioners of the several counties and the penal institutions commissioner of the city of Boston shall cause the rules which are established Chap. 224.] LAWS RELATIVE TO PRISONS. 27 for the management of the house of correction and for e. s. 143, §11. J.1 , r- 1 • , 1857, 3.5. the government of the prisoners therein to be strictly ob- ^- s- i^f, § 12. Tin* 1^77, 147. served, shall examine all accounts of the master relative les^;m;^^^^ to the expenses of the institution and shall keep a record of their ofBcial proceedings relative thereto. Section 12. The sheriff shall report to the superior sheriff to re- court, at each sitting at which criminal business may be number oi •' employed. transacted, the number of prisoners sentenced to labor in p'|'||o ,^g houses of correction in the county who are employed and also the number who are not employed, with the reasons why they are not employed. HOUSES OF EEFOEMATION FOR JUVENILB OFFBISTDEES. Section 13. County commissioners may, in their dis- Houses of '^ reformation cretion, and at the expense of the county, establish houses for offenders ^ ^ ^' under age of of reformation, to which offenders under the age of six- fsSfiosff I!*' teen years may be sentenced for offences which are pun- ^' ®' "'"' ^ ^*"' ishable with imprisonment or for the non-payment of fine. Section 14. They shall make regulations for the gov — how to be ■^ ° _ ° governed.^ ernment and control of such houses of reformation, and £'l'^'!5!;e?^,- ' 1825, 1&2, § 5. for the appointment of teachers and officers thereof, and ^^S,' Ms.^'^i. may at any time discharge any person who is sentenced p.^l'.ll'o.SVjo, thereto. In the county of Suffolk, the trustees for chil- isb, 245. ,-,,,. -i ^ • • ,• ^ 1^!*S, 449, § 16. dren shall, subject to the approval of a justice 01 the court 1897,395, §3. which imposed the sentence, have like authority to dis- charge persons from the house of employment and ref- ormation for juvenile offenders which is established in the city of Boston, and may, subject to like approval, re- mit the punishment of and place upon probation any person who may have been committed to said house of employment and reformation, upon such conditions as they consider proper. Section 15. If any person whose punishment has A^|^fJ5J>„j been remitted and who is placed upon probation as pro- Sf 64?§2. vided by the preceding section, in the opinion of said i897,'39"'5,'§3. " trustees for children, violates any of the conditions of such remission or probation, said trustees may at any time. 28 LAWS RELATIVE TO PRISONS. [R. L. without further warrant or authority, cause him to be arrested, and to be remanded and confined for the unex- pired term of his sentence. Sheriff to have custody of jail, etc. 1859, 24!), § 1. G. S. ITS, § 19. 1866, 241. P. S. 220, § 23. 1897, 395. 161 Mass. 391. Compensation ■of sheriif for care of prison- ers, etc. 1830, 110, § 6. R. S. 14, § 92. G. S. 178, § 21. P. S. 220, § 25. 163 Mass. 34. — of officers, assistants, etc. 1859, 249, § 2. G. S. 178, § 22, 1864, 270, § 1. P. S. 220, § 26. 163 Mass. 34. Inadequate compensation, how deter- mined. PEOVISIONS EELATIVB TO JAILS, HOUSES OF COEEBCTIOST AND PEISOH'EIIS. Section 16. The sheriff shall have the custody and control of the jails in his county and, except in the county of Suffolk, of the houses of correction therein, and of all prisoners who may be committed thereto, and shall keep the same himself or by his deputy as jailer, master or keeper and shall be responsible for them. The jailer, master or keeper shall appoint subordinate assistants, em- ployees and officers, and shall be responsible for them. In the county of Suffolk, the penal institutions commis- sioner shall appoint a master of the house of correction, who shall hold office during the pleasure of said commis- sioner. Section 17. The sheriff shall receive such compensa- tion from the county, not less than twenty dollars a year, for the safe keeping of the prisoners who may be com- mitted to his custody, as the county commissioners, or, in the county of Suffolk, the mayor and aldermen, deter- mine. He shall not receive any rent or emolument from the jailers and keepers of the houses of correction for the use and occupation of the dwelling houses which are pro- vided for them by the county. Section 18. The county commissioners shall estab- lish fixed salaries for all officers, assistants and employees of jails and houses of correction, which shall be in full compensation for all their services, and for which they shall devote their whole time, not exceeding the time limited by the provisions of section twenty, to the per- formance of their duties, unless released therefrom by the commissioners. Section 19. A sheriff, master, keeper or jailer who considers any such salary inadequate may present his pe- Chap. 224.] LAWS RELATIVE TO PRISONS. 29 tition to the superior court, which, after notice to the issg, 24U, § 3. chairman of the county commissioners and a hearine, shall p- s- 220,' § 27." o' li5 Mass. 500. nx the salary and pass any appropriate order. Section 20. The hours of labor for employees of igor^'s*''^'""'' county jails and houses of correction shall not exceed sixty in each week. A county officer who violates the provi- sions of this section by requiring an employee to work more than sixty hours in a week shall be punished by a fine of not less than tw^enty-five nor more than fifty dol- lars for each offence. Every employee of a house of correction or county jail certain em- wJiose duties require his presence at such house of correc- b^'aiiowe'ci'two Hon or county jail seven days a week shall be given at '^vIry°month. least two days of vacation in each month, which shall he in addition to any annual vacation now or hereafter allowed to said employees, and shall he without loss of pay. Section 21. The keeper of a iail, master of a house Abstract of ^ ^ niittimuB com- of correction or superintendent of a workhouse to which JS'be^slnt'tJf'* a female has been committed shall forthwith transmit to SiSnTrs'. the secretary of the prison commissioners such an ab- p.' 1. 220', 1 30. stract of the mittimus upon which she has been committed as said commissioners may require. Section 22. If a prisoner dies in the jail or house Buriaiof of correction, the sheriff or keeper shall deliver the body prisoner, to his relations or friends if they request it; otherwise, ^'I'^s^/le he shall bury it in the common burying ground and the ^- ^' '^^°' ^ ^^' expense thereof shall be paid by the city or town in which the deceased had a legal settlement, if any; otherwise, by the coimty. Section 23. Upon the expiration of the term of office siieriff to ae- n* 1 . . . 1 f tv liver prisoners of a sheriff, or upon his resignation or removal from office, to successor. ^ -^ ^ ' 1783, 44, § 4. he shall deliver to his successor all the prisoners who are ^i 178^^7 in his custody, but he shall retain the keeping of the j ails ^- ®- ^-°' ^ ^^■ and houses of correction and of the prisoners therein under his care until his successor has been elected or appointed and qualified. 30 LAWS RELATIVE TO PRISONS. [E. L. Upon death of sheriff, jailer to continue in oflic-e until, etc. 1808, 4fi, § 1. E. S. 14, § 88. G. S. 178, § 28. P. S. 220, § 33. Care of jail, etc. 1817, 149, §1. 1834, l,il, § 11. E. S. 143, §38. G. S. 17S, §31. P. S. 220, § 36. 1886, 226. Eemoval of prisoners in case of pesti- lence. E. S.113, §41. G. S. 178, § 48. P. .S. 220, § .51. Section 24. Upon the death of a sheriff, the jailer, master or keeper appointed by him shall continue in office and retain the custody and control of the jail or house of correction and of all prisoners therein until a successor to the deceased sheriff has been appointed or elected and qualified, or until the governor, with the advice and con- sent of the council, removes him and appoints another. The jailer, master or keeper appointed by the governor shall give bond with sureties as the governor directs and approves for the faithful performance of the duties of his office. Sectiow 25. The keeper of each jail and the master of each house of correction shall, at the expense of the county, cause it to be constantly kept in as cleanly and healthful a condition as may be. JSTo permanent vault shall be used in any apartment. Every room occupied by a prisoner shall be furnished with a suitable bucket, with a cover made to shut tight, for the necessary accom- modation of such prisoner, and such bucket, when used, shall be emptied daily and shall be constantly kept in good order. Sectiok- 26. If disease breaks out in a jail or other prison, which, in the opinion of the inspectors of the prison, may endanger the lives or health of the prisoners to such a degree as to render their removal necessary, the inspectors may designate in writing a suitable place within the same county, or any prison in a contiguous county, as a place of confinement for such prisoners. Such desig-nation, having been filed with the clerk of the superior court, shall be a sufficient authority for the sheriff, jailer, master or keeper to remove all the prison- ers who are in his custody to the place designated and there to confine them until they can be safely returned to the place whence they were removed. Any place to which the prisoners are so removed shall, durine their imprisonment therein, be deemed a prison of the county in which they were originally confined, but they shall be Chap. 224.] LAWS RELATIVE TO PRISONS. 31 under the care, government and direction of the officers of the county in which they are confined. Section 27. If a jail or other prison or any build- prisXefs °* ing near thereto is on fire and the prisoners are exposed "aSglrfrom to danger thereby, the sheriff, jailer or other person who l''s. us, § 42. has charge of the prison may remove them to a safe place, p.' s.' 220,' §52! and there confine them as long as may be necessary to avoid the danger, and such removal and confinement shall not be deemed an escape of the prisoners. EXPEWSE OE STJPPOETIWG PEISOWEES. Segtiotst 28. The county commissioners shall, except county com- '^ ' ^ nnssioners to in the county of Suffolk, without extra charge or com- P™cureBup- mission to themselves or to any other person, procure or g*s.i?8',Vso. cause to be procured all necessary supplies for the jails ^ • '^^ '^^''' ^ o3. and houses of correction, to be purchased and provided under their direction and at the expense of the county. Sectiow 29. The expense of keeping and maintaining Expense of . , . BnppOTting convicts sentenced to imprisonment in the jail or house JJ/J'^V^q'' of correction, of the keeping of persons charged with or }g||' Jsi' § {j. convicted of crime and committed for trial or sentence, ^J,' ine.' ^ ^'' and of prisoners committed on mesne process or execu- p.' s.' 2''o; § 64. tion, so long as the fees for their board are paid by the s Met. sis. defendant or debtor, plaintiff or creditor, shall be paid by the county after the accounts of the keeper or master have been settled and allowed by the county commission- ers, or, in the county of Suffolk, by the auditor of the city of Boston ; and no allywance therefor shall be made by the commonwealth. Sectioh" 30. The county commissioners and the mayor Advances for exi'enses. of the city of Boston may order such amounts of money 1^34, m, § is^^ as may from time to time be necessary to be advanced ^l^g^ j^g^ ^ ^ from the treasuries of their counties or city to the master (ffs.'iTO, ^5\ of the house of correction or keeper of the jail, for the purpose of providing such tools, materials and other things as may be required for the government, restraint and safe keeping of the convicts. Such amounts shall be expended p. S.220, 32 LAWS RELATIVE TO PRISONS. [R. L. Clothing, bed- ding and fuel. 1834, 151, § 12. E. S. 143, § 44. G. S. 178, § 54. P. S. 220, § 57. Keeper to obey orders for fur- nishing specific rations. 1834, 151, §20. E. S. 143, § 45. 1854, 448, § 33. G. S. 178, § 56. P. S. 220, § 68. Compensation of master of house of correction in Suffolli. 1834, 151, § 9. R. S. 143, § 14. 1857, 35. G. S. 178, § 56. P. S. 220, § 59. bv him under the direction of the officers ^vho order the advancement and shall be accounted for by him to them. Sectioij- 31. The keeper of the jail and the masters of the houses* of correction in the county of Suffolk shall, at the expense of the county, provide necessary fuel, bed- ding and clothing for all prisoners in their custody upon charge or conviction of crime against the commonwealth, and shall present to the auditor of the city of Boston a full account of their charges so incurred, or incurred for necessary furniture for said institutions, which, upon the allowance thereof by the auditor, shall be paid by the county. Section- 32. If the commissioners, or, if the mayor of the city of Boston, direct specific rations or articles of food, soap, fuel or other necessaries to be furnished to the prisoners, the keeper or master shall conform to such direction; and if he refuses or neglects to furnish the same, he shall be subject for a first and second offence to the penalties prescribed by section twenty of chapter two hundred and ten for the offences therein mentioned. Section 33. The penal institutions coimnissioner in the city of Boston shall from time to time determine what amount the master of the house of correction for the county of Suffolk shall receive for the board of the per- sons committed to his custody, and the city council of the city of Boston shall determine what further compensa- tion, in addition to such board, he shall receive for his services. [Sections 34, 35, 36 and 37 relative to the recovery for support of poor convicts were repealed by chapter 211 of the Acts of 1904. J * There is now but one house of correction in Suffolk county, — at Deer Island. The house of correction at South Boston was closed in October, 1902. Chap. 225.] LAWS RELATIVE TO PRISONS. 33 com- mitments, etc. CHAPTER 225. OF THE OFFICERS AND INMATES OF PENAL AND REFORMA- TORY INSTITUTIONS, AND OF PARDONS. OFFICEES. Section 1. The warden of the state prison, the super- Eecoraof intendent of the Massachusetts reformatory and of the "7™2m,'^§i reformatory prison for women, respectively, and the mas- p.s.219, §3i. ters and keepers of jails, houses of correction and of all other penal or reformatory institutions shall keep full and accurate records of all prisoners who may be com- mitted thereto, maintained therein or discharged there- from. Section 2. They shall keep a record of all money or —of property .. . «.i° possession other property which is found m the possession of pris- of prisoners, oners who are committed to such institutions ; and shall ^- s- ^^^' § ^■ be responsible to the commonwealth for the safe keeping and delivery of said property to said prisoners or their order upon or at any time before their discharge from prison. Section 3. They shall keep a record of the name and ^"ri^nment number or other sufficient designation of every person p.'s'Jij^^^^'J; punished by solitary imprisonment, the day and hour when he was placed in solitary imprisonment, the day and hour when released, the offence and such remarks as may be necessary to complete the record. The prison commis- sioners shall ascertain whether the requirements of this section are observed. Section 4. The jailer, keeper or master of each jail ^i!i'™^^'rs°in and house of correction shall keep in a bound book an i7J,!i/4'i% 4, exact calendar of all prisoners committed thereto, in which J^bn.'is), §.■).' shall be recorded the names of all prisoners, their places p.' s.' 220,' § 28.' ■ : . 6 Allen, 477. of abode and additions, the time, cause and authority 01 their commitment, and, if they have been committed upon 34 LAWS RELATIVE TO PRISONS. [R. L. Service of process in prisons. 1811, 32, § 3. 1S27, 118, § 3. E, S. lU, § 2.5. G. S. nil, § 3. p. S. 221, § 3. Filing of war- rants, etc. 1784, 41, § 6. E. S. 14, § S5. G. S. 178, § 2.5. P. S. 220, § 29. 1890, 328, § 1. Prison book, 1699-1700, 8, § 7. 1818, 123, § B. 1848, 27(), § 2. 1859, 139, § 5. G. S. 178, § 61. P. S. 220, § 65. 13 Gray, 439. a sentence on conviction of crime, a description of their persons, and such facts as, with the entries in the prison book, will enable the sheriff or penal institutions commis- sioner of the city of Boston to make the reports to the prison commissioners which are required by law. He shall record in the same book the time and authority for the release of every prisoner who is released and the time and manner of the escape of a prisoner who escapes. A jailer, master or keeper who neglects to keep such calendar or to enter such facts therein shall forfeit one hundred dollars, which shall be recovered by the county commis- sioners in the name of the county, or, in the county of Suffolk, by the penal institutions commissioner in the name of the city of Boston, and shall be expended by them or him for the relief of discharged prisoners. SECTioisr 5. All process to be served within the pre- cincts of any penal or reformatory institution shall be directed to and served by the warden, superintendent, master or keeper thereof or his deputy. Segtiok 6. All warrants, mittimuses, processes and other official papers by which a prisoner is committed or released, or attested copies thereof, shall contain a de- tailed statement of the fees of the officer for making the commitment, shall be regularly filed in chronological order and shall be safely kept with the calendar in a suitable box for that purpose. ITpon the expiration of the sheriff's commission, his death, resignation or removal from office, it shall be delivered to his successor; and in default thereof, the sheriff or his executor or administra- tor shall forfeit two hundred dollars. Section 7. Each jailer and master of a house of cor- rection shall have a prison book, in which he shall keep an account of the value of the labor of the prisoners, of the salaries of officers and of articles furnished for the support of the prisoners, the quantity of such articles, of whom bought and the price paid, classified as follows: cost of provisions, including the portion consumed by the family of the jailer or master; cost of clothing; cost of Chap. 225.] LAWS RELATIVE TO PRISONS. 35 beds and bedding; cost of medicines; cost of medical at- tendance ; cost of religious or secular instruction ; cost of fuel; cost of light; allowance to discharged prisoners; allowance to witnesses in money or clothing. The prison book, verified by the oath of the jailer or master, shall be exliibited to the commissioners when his accounts are presented for examination, and at other times when de- manded. A jailer or master who neglects to keep such book or to enter therein such facts, or who wilfully makes any false entry therein, shall forfeit one hundred dollars, Avhich shall be recovered by the county commissioners in the name of the county, or, in the county of Suffolk, by the penal institiitions commissioner in the name of the city of Boston, and shall be expended by them or him for the relief of discharged prisoners. Section 8. The master, keeper, superintendent or invoice books, other officer who has charge of a jail, house of correction, ^^^''•^^■ truant school or other county public institution shall keep an invoice book, in which shall be entered, on the day of receipt, all bills for supplies for the maintenance of such institution. Such books shall be as nearly uniform as the character of the institutions will admit and shall be kept posted up to date so that the footings shall at any time show the then actual facts relating to such supplies. Such books shall be county property and shall remain among the records of the institutions to which they belong. Section 9. The warden of the state prison, the super- Annual intendent of the Massachusetts reformatory and of the re- i84u°L5','§2. formatory prison for women, respectively, sheriffs, county isssUe'. commissioners and the penal institutions commissioner of 9,- ®- ^"*> 5§ ^^~ the city of Boston shall annually, on or before the fifteenth ]87o| 370' fg^'*' day of October,* make a report to the prison commissioners mMsi, §§2,3; of the salaries of prison officers, of the number and cost of is??, 120'. ^ . 1 c 1 1 T -T T . 1879, 294, § 33. support 01 prisoners, and 01 such other details relative to issi, ee. ... . P. S. 219, §§ 32, the management and discipline of the several prisons as fg^l^.^gg ..24 the commissioners may from time to time prescribe. The ^^• * This date will be affected by chapter 211, Acts of 1905, which es- tablishes November 30 as the close ot the fiscal year. 36 LAWS RELATIVE TO PRISONS. [R. L. ^ warden of the state prison and the superintendent of the Massachusetts reformatory and of the reformatory prison for women, respectively, shall also include in their reports the amoiint of liabilities and outstanding claims of said institutions, the names of their debtors and creditors, the amounts due to or from each and when they are payable; detailed accounts of expenditures for the prisons for the year ending on the preceding thirtieth day of September ;* the cost of all changes made in the buildings thereof; the names, position, pay and allowances of every officer or employee thereof; the average cost of the support of each prisoner; the number of volumes in the library of each prison; and such other facts relative to said prisons as the commissioners consider proper. An officer who re- fuses or neglects to make such report at the time pre- scribed or who withholds it after said date shall forfeit one dollar for each day's neglect, which shall be deducted from his salary or compensation at the first monthly pay- ment after his default has been reported to the proper auditing or disbursing officer. and"hoVs°s^f^ Sectiow ]0. An officcr in a jail or house of correction m™be trans- ^nay be transferred to the state prison, the Massachusetts ferre . -T -r 17 • • * ml camp, etc. under regulations made by the prison commissioners. 1 lie 1904, 243, §i. Massachusetts highivay commission and the hoard of agri- culture shall from time to time, at the request of the prison commissioners, give to them such information as may en- able them to prosecute to the lest advantage the worl- of reclaiming and improving waste land and of preparing material for road building by hand labor. 54 LAWS KELATIVE TO PRISONS. [R. L. Escape of prisoners. 1904, 243, § 2. Permits to be at liberty may be issued, etc. 1904, 243, § 3. Aiding dis- charged prisoners. 1904, 243, § 4. Expense of maintenance. 1898, 393, § 9. Disposition of improved land, 1898, 393, § 10. Binding out female pris- oners. 1879, 229, § 3. 1880, 161, § 1. P. S. 219, § 23. A prisoner- who escapes from the land or buildings of said camp, or from the custody of an officer while being conveyed thereto, may be pursued and recaptured; and upon complaint before any district court or trial justice may be punished for such escape by a sentence of impris- onment at the state farm. The prison commissioners in their discretion may issue to any prisoner held at said camp a permit to be at liberty, upon such terms and conditions as they shall prescribe; and all the laws relative to the revocation of permits to be at liberty shall apply to prisoners from said camp. The prison commissioners may expend from the appro- p'iation for aiding prisoners discharged from the Massa- chusetts reformatory such an amount as they consider advisable for aiding prisoners discharged from the tem- porary industrial camp for prisoners. Section- 6Y. The expenses of maintaming said camp shall be paid by the commonwealth, upon schedules sworn and certified to by the superintendent and approved by the prison commissioners. Purchases and sales on account of said camp, except as to the land, shall be made by the superintendent with like approval. Receipts for articles or materials sold shall be paid into the treasury of the commonwealth each month. Sbgtiojn' 68. Land reclaimed or improved, as afore- said, may be applied to the use of the commonwealth, or it may be disposed of by the governor and council at public or private sale. Any road material prepared, as aforesaid, may be sold by the superintendent of said camp, with the approval of the prison commissioners, to the authorities of the commonwealth or of any county, city or town. Binding Out Female Prisoners. Sectiok' 69. The commissioners may, with the con- sent of a woman who is serving a sentence in the reforma- tory prison for women or in a jail or house of correction, and with the consent of the county commissioners, if she Chap. 225.] LAWS RELATIVE TO PRISONS. 55 IS m a jail or house of correction, contract to have her employed in domestic service for such term, not exceed- ing her term of imprisonment, and upon such conditions, as they consider proper with reference to her welfare and reformation. If, in their opinion, her conduct at any time during the term of the contract is not good, they may order her to return to the prison from M^hich she was taken. Sectioit 70. If she leaves her place of service, or if Penalty for . ^ J -^j refusing to havmg been ordered by the commissioners to return to ]^ZV° prison, she neglects or refuses so to do, she shall he held p^s'.Wa'.fsM*' to have escaped from prison and may be arrested and mi,m. returned to the prison from which she was taken as if she had escaped therefrom, and shall, upon conviction of such escape, be punished by imprisonment in the reforma- tory prison for women or in a jail or house of correction for not less than three months nor more than one year. The expense of her arrest and return to prison shall be paid in the same manner as the expenses of the arrest and return of a prisoner who escapes from prison. Privileges. Section" 71. Every inmate of a penal or reformatory i.ocked letter institution shall be allowed to write letters to the princi- isTsia-e. 1 ^ T . , . . , , 1879, 234, § 12. pal oiiicer or to any member of the supervising board p.s. 222, §7. thereof. A locked letter box, accessible to the inmates, shall be placed in each institution, in which they may deposit such letters, and such letters shall be duly de- livered according to the address thereon. The keys of the boxes in the state prison, in the Massachusetts re- formatory and in the reformatory prison for women shall be kept by the commissioners, and of those in each of the other institutions by the principal officer thereof. Section- 72. An inmate of any prison or other place Exercise ot , T . 1 . 1 1 [. . . religious be- of confinement or public charitable or reformatory msti- iief, etc. 1834, ]51, § 16. tution shall not be denied the free exercise of his religious g;|-}:t||*°- belief and the liberty of worshipping God according to I875,i26,§§i,2. 56 LAWS KELATIVE TO PRISONS. [R. L. 1S79, 158, §§ 1, 2. P. S. 232, ^§8,9. 1904, 363, § 1. Sunday" school and other instruction. 18.38, 1.53, § 3. 1848, 334, § 3. G. .S. 179, § 43. 1869, 255. 1S71, 336. 1879, 294, § 34. P. S. 321, § 30. 1886, 197. Schoo) at Massachusetts reformatory. 1884, 355, § 28. the dictates of his conscience, in the place where he is confined; and he shall not he required to attend any other service or religious instruction other than that of his own religious belief: provided^ that religious services and in- structions of his own belief are regularly held at the insti- tution; and he may, in illness, upon request to the warden, keeper or master, receive the visits of any clergyman whom he may wish. The officers and boards of officers who have the management and direction of such institu- tions shall make such regulations as may be necessary to cari-y out the intent and provisions of this section. The provisions of this section shall not be so construed as to impair the discipline rtf any such institution, so far as may be needful for the good government and safe custody of its inmates, nor prevent the assembling of all the in- mates, who do not attend a regularly held religious ser- vice of their oivn belief, in the chapel thereof for such general religious instruction, including the reading of the Bible, as the board having charge of the institution con- siders expedient. Sectiojst 73. The warden of the state prison, with the consent of the commissioners, may cause a sabbath school to be maintained in the prison for the instruction of the prisoners in their religious duties, and may permit such persons as they consider suitable to attend it as instruct- ors, under such regulations as the commissioners may estalilish. The warden may also, subject to the restric- tions and regulations of the commissioners, maintain schools of instruction for the prisoners, at such times, except on Sunday, as he, with the approval of the com- missioners, may determine, and for such purpose, may expend, from the appropriation made for the support of the prison, not more than two thousand dollars annually. Sectiow Y4. The superintendent of the Massachu- setts reformatory and the commissioners may expend not more than two thousand dollars annually for the mainte- nance of a prison school. •Chap. 225.] LAWS RELATIVE TO PRISONS. 57 Section- 75. The county commissioners, or, in the inetruotion in county of Suffolk, the mayor of the city of Boston, with iws.'s-il'.'s 3. n , . ™. » T "^ 18.M, 448, § 33. the sheriff of the county, may, at the expense of their ^'siS'l^e' county or citv, furnish instruction in reading and writ- is^^, 2b(i, § e. ing for one hour each evening, except Sunday, to prison- ers in the jails and houses of correction who may be benefited thereby and who wish to receive it. Section 76. The keeper or master of a jail or house Moral and of correction shall, at the expense of the county, provide structionin a copy of the Bible or of the ISTeTv Testament for each I8i8,'i23,'§4. prisoner under his charge who is able and wishes to read, ^[^I'.jg^n^'*' which shall be used by him at proper seasons during his ilsf,'!™.' ^ *"' confinement. He may, at the expense of the county, pro- ' ' ' vide books and papers for the use of such prisoners, l)ut not exceeding in cost one hundred dollars a year. The county commissioners may, in their discretion and at the expense of the county, provide moral and religious instruction for such prisoners. Section 77. In the assignment of cells to prisoners Light for in a house of correction, due regard shall be had to the 1862, 127', § 2. ' '^ . p. s. 220, § 9. accommodation of those who are able and wish to read; and from the first day of October to the first day of April, annually, all such prisoners who are confined to labor during the day shall be provided with suSicient light to enable them to read for at least one hour each evening. Section 78. If the mother of a child under the age Female pris- . . J. oner m.ij' have of eighteen months is imprisoned m a nail, house 01 cor- custody of *^ . infant. rection, workhouse or other place of confinement and is J^%'-'^,^g5i-^^ capable and desirous of taking care of it, the keeper shall, p- «■ ^-C § s*- upon the order of the court or magistrate committing her, or of any overseer of the poor, receive the child and place it under the care and custody of its mother. Section 79. If the inspectors, directors or like ofii- k«™°™|,°* eers of such institution are of opinion that the health ^i"%,%ll^n. and comfort of such child require its removal, or that it ^- '''• ^^"' ^ ^^• is expedient that it should be removed, they shall give -notice to the father or other kindred thereof; or, if no 58 LAWS RELATIVE TO PRISONS. [R. L. kindred can be found to receive it, to the overseers of the poor of the city or town in which it has a legal settle- ment, who shall receive it. If it has no settlement in this commonwealth, it shall be sent to the state hospital as is provided in the case of alien paupers. Fi'om state prison to Massachusetts reformatory. 1884, 255, § il; 331, § f>. 1894, 249, § 1. 1901, 340. — to state farm. 1S90, 180, § 1. From reform- atory prison for women. 1879, 294, ? 4. P. S. 219, § 5. 1896, 317. From Massa- chusetts re- formatory. 1884, 255, §§ 12, IS. 1&S7, 292, § 1. From state farm to Massa- chusetts re- formatory. 1885, 35, § 2. — to house of correction. 1890, 278, § 1. — to reforma- tory prison for women. 1879, 294, § 4. P. S. 219, § 5. P'rom Lyman BChool for boys, etc. Removals. Sectioh" so. The prison commissioners may remove a prisoner held in the state prison upon a sentence for a term of years to the Massachusetts reformatory, and may at any time return him to the state prison. i4s Mass. i68. SectiojST 81. They may, with the consent of the gov- ernor and council, remove an aged or infirm prisoner in the state prison to the state farm, and may at any time return him to the state prison. SEGTioisr 82. They may remove a prisoner in the re- formatory prison for women to the state farm or to a jail or house of correction, or, if she has been transferred to said prison from the industrial school for girls, to the state farm or to a house of correction. Section 83. They may remove a prisoner in the Mas- sachusetts reformatory to the state farm or to any jail or house of correction. Section 84. They may remove a sentenced male pris- oner from the state farm to the Massachusetts reforma- tory, and may at any time return him to the state farm. Section 85. They may, upon the application of the trustees of the state hospital and the state farm, remove a sentenced prisoner from the state farm to any house of correction in the county in which he was convicted, and may, upon like application, return him to the state farm. Section 86. They may remove a sentenced female prisoner at the state farm to the reformatory prison for women, and she shall there serve the remainder of her term of sentence. Section 87. They may, upon the application of the trustees or board in charge of the Lyman and industrial Chap. 225.] LAWS RELATIVE TO PRISONS. ,59 schools, of the house of employment and reformation for i8S4, 266, § is. juvenile offenders established in the city of Boston, or ' ' ' of any other reform school established under authority of any general or special act, remove to the Massachusetts reformatory a boy who is confined in any of said schools upon a sentence for crime, and may at any time, upon like application, return him to the school from which he was transferred. Section 88. They may, upon the application of the From iriatie- trustees of the Lyman and industrial schools, remove to torgiris. the reformatory prison for women any girl who was com- ''• *■ ^". 5 *7. mitted for a crime to the industrial school for girls, and, upon like application, may return her to the industrial school for girls. Section" 89. They may remove a prisoner from one Fromjauto iail to another in the same or another county, and he e. -s. 143, § «. shall serve the remainder of his sentence in the place to isth, sto, §2. J^ 1H7:J, -I'M, § 3. which he is removed. The sheriff may, at his discretion, jm'^jI'"'^*' remove a prisoner from one jail to another in the same sie"/'^'''' county for his health or safe keeping or for his more con- venient appearance at court. Section 90. They may remove a prisoner in jail un- Fromjaiito •J ■J ^ •> house of cor- der sentence to a house of correction, p. s. 2-20, § 2. i.ssi, 241, § 2. jj^f °"^ Section 91. They may remove a prisoner from one From one . house of cor- house of correction to another m the same or another rectionto another, county. 1879, 294, §3. r. S.219, §4. 1870, 370, §2. Section 92. They may remove a prisoner in a house From house of ^ ^ ^ ^ correction to of correction under sentence to a j ail. j'^j,^- „^^ ^ Section 93. Thev may remove a male prisoner in a Fromjaiior •^ ■' ^ house ot cor- jail or house of correction to the Massachusetts reforma- Jlff^^^^'^^i'^ggttg tory, if he might, at the time of such removal, lawfully 5|84™5'5Y2. be sentenced to said reformatory, if they are of opinion that he is likely to be benefited by its reformatory in- fluences, and they may at any time return him to the place of imprisonment from which he was removed. Section 94. They may remove a prisoner in a jail j-,'",'"*'^ or house of correction to the state farm, and may at any ]879;2yif§^. 60 LAWS RELATIVE TO PEISONS. [R. L. P. S. 219, § 6. 1885, 36, § 1. 38'j;), -263, § 1. From jail or house of correction to state farm if ill. lSiJ4, 2U, § 1. — to industrial camp. 18as, 393, § 7. 1905, 240. — to women's prison. 1874, 386, § 15. 1879, 294, § 4. P. S. 219, § 5. Pregnant females. 1864, 416, § 2. l^.in, 40. G. s. 178, § 16. P. S. 220, § 17. Removal of prisoners committed by United States courts. 1895, 273. Surgical treatment. 1882, 207. time return him to tile place of imprisonm.eiit from, which he was removed. Section" 95. They may, at the request of the governor and council, remove to the state farm for treatment a sentenced prisoner in a jail or house of correction who is suffering from disease which, in the opinion of the gov- ernor and cou.ncil, cannot be safely and properly treated in the jail or house of correction, and they may at any time return him to the place from which he was removed. Section 96. They may remove prisoners from the Massachusetts i^eformatory, the state farm, and the jails and houses of correction to the temporary industrial camp for i^risoners and may, at any time, return them to the place of imprisonment from which they were removed. Section 97. They may remove a sentenced female prisoner in a jail or house of correction to the reforma- tory prison for women, and she shall there serve the re- mainder of her term of sentence. Section 98. If it appears to the physician of a house of correction that a female convict is pregnant, a justice of the superior court or of a police, district or municipal court may, upon application of the master or keeper of the house, order her to be removed to any workhouse in the same county for such term as is expedient; and, at any time before the expiration of her sentence, may cause her to be returned to the house of correction. The county shall pay two dollars a week for her support and custody to the city or to^vn to which she is so removed. Section 99. The prison commissioners may remove from one jail or house of correction to another, or to the Massachusetts reformatory, or to the reformatory prison for women, a prisoner who has been sentenced to such jail or house of correction by any court of the United States. Section 100. They may, upon the certificate of the physician of a prison, jail or house of correction, tem- porarily place any prisoner who is under sentence of im- Chap. 225.J LAWS RELATIVE TO PRISONS. 61 prisonment therein or any person who is held in any jail for trial or sentence, except for a capital crime, in such hospital as they shall designate, for such surgical treat- ment or operation as cannot otherwise be safely or prop- erly undertaken, and they may, at any time, return such prisoner or person to the prison, jail or house of correc- tion from which he was temporarily removed. A pris- oner or person so placed shall, during his absence from such prison, jail or house of correction, be deemed to be in the custody of the officer having charge thereof; and, in computing the term of his confinement upon his sen- tence to imprisonment, the time of his confinement in said hospital shall be considered as a part of such term. With the approval of the governor and council the Hospuai for . . . . ^ _ , _ prisoners hoard of prison commissioners is herehii authorized to hayiDs tuber. ' ^ •' ^ cular disease erect on the land noiv occupied hy the temporary indus- Jgos'^as™?!''' trial camp for prisoners at Rutland, suitable buildings to be used as a hospital prison for the confinement and treatment of prisoners having tuhercidar disease. When such buildinqs are ready for occupancy the prison Removal of ■^ ' . . prisoners, etc. commissioners may remove thereto any male prisoner m 1905, 35.5, § 2. the state prison, the Massachusetts reformatory, the state farm, or in any jail or house of correction, who appears by the certificate of the prison physician to be suffering from consumption or any disease of a tuhercidar nature. They may at any time return to the original place of im- prisonment any prisoner so rem.oved. A prisoner shall be held in the place to which he is so removed or returned according to the terms of his original sentence. Any order for the removal or return of a prisoner as ordersjor provided herein may be executed by any officer author- ^^^v^^°l ,j^^ ized to serve criminal process; and a prisoner luho males wos, 355, §3. an escape from such offi^cer while being conveyed to or from said hospital prison, shall he deemed to have escaped from the prison to which he was originally committed. A prisoner removed to said hospital prison shall be held in the custody of the superintendent of said tem- Custody, etc., of prisoners removed to 62 LAWS RELATIVE TO PRISONS. [R. L. hoapital prison. 1905, 355, § 1. Removal of insane pris- oners from state prison and reforma- tories. 1844, 120. ia56, 135. G. S. ISO, §§1-3. IWi, 8. ISbO, -250, § 5. P. S. 222, §§ 10, 11. 188.1, 320, §§ 1, 2. 18StJ, 101, §4. 18:«, 390, I 3. 18US, 433, §§ 24, 28. 173 Mass. 550. [I Op. A. G. 113.] porary industrial camp for prisoners^ and shall he gov- erned, employed and treated according to such rules and regulations as may he estahlished hy the hoard of prison commissioners with the approval of the governor and coun- cil. Prisoners held in said hospital prison shall he suh- ject to all the laws that are now applicahle to the temporary industrial camp for prisoners. Sectioit 101. The state board of insanity shall desig- nate two persons, experts in insanity, to examine prisoners in the state prison, the Massachusetts reformatory or the reformatory prison for women, who are alleged to be in- sane. If any such prisoner appears to be insane, the warden or superintendent shall notify one of the persons so designated, who shall, with the physician of the prison, examine the prisoner and report to the governor the re- sult of their investigation. If, upon such report-, the governor considers the prisoner insane and his removal expedient, he shall issue his warrant, directed to the war- den or superintendent, authorizing him to cause the pris- oner, if a male, to be removed to the state asylum for in=aiie criminals, and if a female, to be removed to one of the state insane hospitals, there to be kept until, in the judgment of the .superintendent and trustees of the hospital to which the prisoner has been committed, he or she should be returned to prison. When the superintend- ent and trustees determine that the prisoner should be so returned, they shall so certify upon the warrant of the governor, and notice shall be given to the warden or super- intendent of the prison, who shall thereupon cause the prisoner to be reconveyed to the prison, there to remain pursuant to the original sentence, computing the time of his detention or confinement in the hospital as part of the term of his imprisonment. The person who makes such examination of a prisoner shall, if he is not a salaried ofEeer of the state board of insanity, receive three dollars a day for his services for each day so employed and his actual travelling expenses, which shall be paid from the Chap. 226.] LAWS RELATIVE TO PRISONS. 63 annual appropriation of the prison in which the prisoner is examined. Section- 102. If a prisoner in a jail, house of cor- jRemovaipf rection or prison other than those named in the precedina; oners in otiier , Jr & prisons. section appears to he insane, the physician in attendance f^-J-269'^^^'^- shall make a report thereof to the jailer or master, who S^svi^olfe'!'®' shall transmit the same to one of the judges mentioned in J?^-s.-2-22, §§12, section thirty-three of chapter eighty-seven.* The judge ^''''^' ^^''' ^ ^• shall make inquiry into the facts and, if satisfied that the prisoner is insane, shall, if a male, order his removal to the state asylum for insane criminals, or if a female, to one of the state insane hospitals, pursuant to the pro- visions of sections thirty-four and thirty-five of said chap- ter. A person so removed who becomes sane before the expiration of the sentence shalT be forthwith returned to the prison or house of correction from which he or she wa^ removed, there to remain pursuant to the original sentence, computing the time of confinement in the hos- pital as part of the term of imprisonment. Section- 103. If a person who is held in jail for trial j^^a'Jf/p'e^son or for sentence, except for a capital crime, appears to be etc'^ "' '^'''^ ' insane, he may be removed to the state asylum for in- p. s'. 2-2V, § u. ' sane criminals or if a female, to one 01 the state insane hospitals, in the same manner as a prisoner may be re- moved from a house of correction under the provisions of the preceding section. If a person so removed is, in the opinion of the trustees and superintendent of the hos- pital, restored to sanity, he shall forth-with be returned to the jail from which he was removed, where he shall be held in accordance with the terms of the process by which he was originally committed thereto. Section- 104. A prisoner who is removed or returned ?n':™|°trace^' under the provisions of the twenty-four preceding sections is8oy'208;§.3. „ . . , . , , p. s. 8!), « 47. shall be held in the place of imprisonment to which he i.^si, s.w, 1 15. is so removed or returned, in accordance with the terms 278, '§2.' * A justice of the supreme court or of the superior court, a judge of pro- hate, or a justice of a police, municipal or district court. 64 LAWS RELATIVE TO PRISONS. [E. L.. 1894, 214, §1; 249, 1895, §2. , 273. 1899, 263, §2. Order for Tem< oval 1876, 96, §1. 1879, ,294, §§5,9. P. S .219 , §§ 6, 13. 1SS4, 2,1.5, §16. l.^s.i. 35, ' §3. 189(1, 180, §3; 278 §3. 1894, 214, §2. lS9,i, 27;-!, IS'.l'.l, m. §3. Oflicers quaiiliecl to make re- movals. 1S44, 120, § 2. G. S. ISO, § 3, Expense of commitment. 1880, 120, § 2. P. S. 217, § 4. 1884, 255, § 18. — of removal. 1870, 370, § 6. 1874, 3S5, § 18. 1879, 229, § 4; 294, § 8. iN'iO, 120, § 4. P. S.219, '§§9, 10. 1S,«4, 255, § 18. 1885, 35, § 2. 1890, 278, § 4. 1894, 214, § 3. 1895, 273. 1903, 354. — of pupport. 1880, 156, § 2. P. S. 219, § 12. of his original sentence, unless sooner discharged, and the period for w^hich he is so removed shall be reckoned as a part of the term of his imprisonment. Section" 105. Every order of removal of the prison commissioners shall be signed by the secretary of the board and shall be directed to the officer by whom it is to be executed. All mittimuses, processes and other official papers by which a prisoner is committed or held, or at- tested copies thereof, shall, at the time of such removal, be transferred, with the order of removal, to the institu- tion to which the prisoner is removed, and be kept therein as if he had been originally committed thereto ; but if he is returned to the place from which he was removed, they shall be returned with him. Section 106. An officer who is authorized to serve criminal process may execute an order of removal or re- turn issued under the provisions of this chapter. 1870, 370, § 5 1874, .^84, § 18. 1879, 294, § 7. 1880, 2.50, § 5. P. S. 219, § 8; 222, § 11. 18,'-4, 255, § 17. 1885, 320, § 2. 1890, ISO, 5 3. 1804, 214, 5 2. 1899, 263, § 3. Section 107. The expense of the commitment of any person Avho is sentenced to imprisonment in the state prison, the jMassachusetts reformatory or the reformatory prison for women shall be paid by the county from which the prisoner is committed, and shall be allowed in the same manner as other expenses in criminal cases. Section 108. The expense of removing prisoners from one jail or house of correction to another shall he paid by the county from vhich the prisoner is removed. The ex- pense of removinrj prisoners from jails and houses of cor- rection to any of the state institutions, or from, any of the state institutions to a jail or house of correction, shall he paid from the treasury of the Commomvealth after ap- proval hy the prison commissioners. Section 109. The expense of supporting a prisoner who is transferred from the Massachusetts reformatory or the reformatory prison for women to a jail or house of correction shall be paid from the treasury of the common- Chap. 225.] LAWS RELATIVE TO PKISONS. 65 Avealtli, if tlie prisoner was not originally sentenced from the county in which such jail or house of correction is situated; but the bills therefor shall, before payment, be approved by the prison commissioners. Section 110. The expense of supporting a prisoner Expense of who is transferred from a jail or house of correction in i8T6f28o;§2. , , , T , . 1870, 370, § 4. one county to another, who is removed from the state isso, 1,66, § i. farm to a house of correction or who is sentenced to a is9''.'^'''«'§*-' jail or house of correction in a county other than that in which he was convicted shall be paid by the county in which he was sentenced. If the amount to be paid can- not be agreed upon by the county commissioners of the two counties, it may be determined by the superior court sitting in either county. Section 111. The expense of supporting a state prison same subject. • , 1 . -1 1S7B, 96, 6 2. convict who IS committed to a state insane hospital shall 1879,294, §6. PS 219 6 7 be paid by the commonwealth.* The expense of support- ji^']:^?'|]- ing a prisoner who is removed from a jail or house of Siistjii. correction to the state farm shall be paid into the treas- ury of the commonwealth by the county from which he is removed, and the amount thereof shall be determined by the state board of charity. The expense of supporting a sick prisoner who is removed to the state farm under the provisions of section ninety-five, not exceeding three dol- lars and twenty-five cents a week, shall be paid by the county from which he is removed. Section" 112. The governor, upon the written recom- special district . . . . police. mendation 01 the prison commissioners, may from time 1899,243. to time appoint any agent of the board a special district police officer for a term of three years, unless sooner re- moved. Such officer may serve warrants and orders of removal or transfer of prisoners issued by said commis- sioners, and shall be paid therefor such amount from the appropriation for removing prisoners as the commission- ers determine. * On Jan. 1, 1904, the state took over the care and support of the insane in all places but Boston. 66 LAWS RELATIVE TO PRISONS. [R. L Permits to be at Liberty, Release on Probation and Dis- charge. goo'dcoadnct^ SECTioisr 113. Every officer wlio is in charge of a lis; 77^'^^' prison or other place of confinement, except the Massa- g.^'Lhs', §47; chusetts reformatory and the state farm,* shall keep a 1S80, 218, §§ 1, record of the conduct of each prisoner who is in his cus- p "^i' f<2 §§ '0 tody and whose term of imprisonment is f ovir months or 1SS6, 323,' § 7. more. Every snch prisoner, except a prisoner who was 1898; 443; § 1. sentenced to the state prison for a crime which was com- 148 S6."68. mitted on or after the first day of January in the year [1 Op. A. G. 9.] eighteen hundred and ninety-six, whose record of conduct shows that he has faithfully observed all the rules and has not been subjected to ijunishment shall be entitled to a deduction from the term of his imprisonment, which shall be estimated as follows: upon a sentence of not less than four months and less than one year, one day for each month; upon a sentence of not less than one year and less than three years, three days for each month; upon a sentence of not less than three years and less than five years, four days for each month; upon a sentence of not less than five years and less than ten years, five days for each month ; upon a sentence of ten years or more, six days for each month. If a prisoner has two or more sentences, the aggregate of his several sentences shall be the basis upon which the deduction shall be estimated. A prisoner who is entitled to such deduction from the term of his imprisonment shall receive a written permit to be at liberty during the time so deducted, upon such terms as the board which grants the permit shall pre- scribe. Permits to prisoners in the state prison and in the reformatory prison for women shall be issued by the prison commissioners; to prisoners in the state farm, by the trustees; to prisoners in jails and houses of correc- tion, except in the county of Suffolk, by the county com- * This exception now includes the reformatory prison for women where the indeterminate sentence was applied in 1903. Chap. 225.] LAWS RELATIVE TO PRISONS. 67 missioners; to prisoners in the jails and house of correc- tion in the county of Suffolk, by the penal institutions commissioner. If a prisoner violates any of the rules of his prison or other place of confinement, the board author- ized by this section to grant permits shall decide what portion of the time, which would otherwise be deducted from the term of his imprisonment, shall be forfeited by such violation. Sectiok" 114. If it appears to the prison commission- permit to pris- ers that a prisoner who was sentenced to the state prison prison. • . , . , 1894, no, § 1. for a crime which was committed prior to the first dav 1895,252. ^ •' 1897, 206. of January in the year eighteen hundred and ninety-six ilPlai^^^) and who is serving his first sentence therein has reformed, they may, if, after deducting the time to which he is entitled by the preceding section, two-thirds of the mini- mum term of his sentence have expired, by a unanimous vote of all the members of the board, issue to him a per- mit to be at liberty during the remainder of his term of sentence upon such terms and conditions as they prescribe, if he has an assurance satisfactory to them that he will have employment as soon as he is discharged, or is other- wise so provided for that he will not become dependent upon public or private charity. SECTiOisr 115. If the record of a prisoner who was same subject. . 1895, 604, § 2. sentenced to the state prison for a crime committed on ^^g^'^^*'!,! or after the first day of January in the year eighteen 172 Mass. 264. hundred and ninety-six shows that he has faithfully ob- served all the rules of the prison and has not been sub- jected to punishment, the commissioners shall, upon the expiration of his minimum term of sentence, issue to him a permit to be at liberty therefrom during the unexpired portion of the maximum term of his sentence, upon such terms and conditions as they shall prescribe. If the record shows that he has violated the rules of the prison, he may be given a like permit at such time after the expiration of the minimum term of his sentence as the commissioners shall determine. If the prisoner is held 68 LAWS RELATIVE TO PRISONS. [R. L. in the prison upon two or more sentences, he shall be entitled to receive snch permit when he has served a term equal to the aggregate of the minimum terms of the sev- eral sentences, and he shall be subject to all the provi- sions of this section until the expiration of a term equal to the aggregate of the maximum terms of said sentences, habitu'ai" Sectioi^ 116. If it appears to the governor and coim- ]88"4'35!'§ 2. cil that a prisoner who has been sentenced to the state prison as an habitual criminal has reformed, they may issue to him a permit to be at liberty during the re- mainder of his term of sentence, upon such terms and conditions as they prescribe, -to prisoner in SECTiOj>f 117. If it appears to the prison commission- rejormatory.'^ ers that a prisoner in the Massachusetts reformatory, or i8So', 323', §4.' a prisoner who has been removed therefrom to a jail or 1887 375. * isssisiv. house of correction, has reformed, thev mav issue to him i8'.)4, mi, § 2. ' . ' . 148 jiasB. 168. ^ permit to he at liberty during the remainder of his term of sentence, upon such terms and conditions as they shall prescribe ; but no such permit shall, without the consent of the governor and council, be issued to a prisoner who has been transferred thereto from the state prison. They may delegate to a committee of their board or to their secretary, until their next meeting, the authority to de- cide when such permit shall be issued, in reformatory r^T^'<"TiON 118. If it appears to the prisou commission- mJmen*'"^ ers that a prisoner in the reformatory prison for women, 247, '§2'.' ' or a prisoner who has been removed therefrom to a iail 188:, 80, § 1. , . . ,.11 • ' p. 8.2-20, §68; or house of correction, has reformed, thev may issue to 2-21, § 52. . ' ' . .' 1888,192. her a permit to be at liberty during the remainder of [ This section ' ^ applies only to her term of sentence ; but no permit shall, without the eon- pnsoners ^ ^ fffenoes^ilm- ^^''^^ ^^ *^® court which imposed the sentence, or, if the To"ui/i!°'' sentence was imposed by the superior court, without the Acts 0/1903, consent of the district attorney for the county in which page'is.]' she was convicted, be issued to a prisoner who has been sentenced for a crime against person or property.] 7agabond8^ Sectiox 119. If it appears to the county commission- 1834, 161, § s. ers, or, in the county of Suffolk, to the penal institutions Chap. 226.] LAWS RELATIVE TO PRISONS. 69 commissioner of the city of Boston, that a prisoner in a r. s. 143, §13. house of correction or workhouse who has been convicted i8'62,'i8a.' 01 an onence named m section forty-six of chapter two fggf ijMf' hundred and twelve has reformed and is willing and de- sirous to return to an orderly course of life, they may issue to him a permit to be at liberty during the remainder of his term of sentence. Sbctiokt 120. If it appears to the state board of Permit ^^ to persons charity that a person who has been imprisoned for drunk- d™?nkenM8f°"^ eimess at the state farm has reformed, or if it appears to llf,'^^2^'^^' the county commissioners, or, in the county of Suffolk to iski.'sTS.' , , . . . . . n T • ,. -r. 1886, 101, §4. the penal institutions commissioner 01 the city 01 Boston, isds, 443, § -2. that a person who has been imprisoned for drunkenness in a jail, house of correction or other place of confine- ment has reformed, they may issue to him a permit to be at liberty during the remainder of his term of sentence. Section 121. A probation ofiicer may, with the con- Release on probation. sent of the county commissioners, or, m the county 01 wso, 129, j 6. "^ 1881, o4, §§ 1, i. Suffolk, of the penal institutions commissioner of the city fg-gf-,^^"'^''^- of Boston, investigate the case of any person -who is im- prisoned in a jail or house of correction upon a sentence of not more than six months, or upon a longer sentence of which not more than six months remain unexpired, for the purpose of ascertaining the probability of his ref- ormation if released from imprisonment. If, after such investigation, he recommends the release of the prisoner, and the court which imposed the sentence, or, if the sen- tence was imposed by the superior court, the district at- torney, certifies a concurrence in such recommendation, the county commissioners or the penal institutions com- missioner may, if they consider it expedient, release him upon probation, upon such terms and conditions as they may prescribe and may require a bond for the fulfilment of such conditions. The surety upon any such bond may at any time take and surrender his principal, and the county commissioners or the penal institutions commis- sioner may at any time order any prisoner released by 1891, 356, § 7. 70 LAWS RELATIVE TO PRISONS. [R. L. Discharge from state farm. 1871;, 96, § 1. 187;), 294, ? 5. P. S. -219, §6. 1887, 292, 5 2. 1890, 278, § 2. 1S99, 263, § 2. — from house of correction. 185.5, 69, § 2. G. S. 178, § 18. 1877, 147. P. S. 220, § 67. 189,5, 449, § 16. them upon probation to return to the prison from which he was released. The provisions of this section shall not apply to persons held upon sentence of the courts of the United States. Section 122. The state board of charity shall have the same power to discharge a person who has been re- moved from a jail or house of correction to the state farm or from the state farm to a house of correction as it would have to release him from the state farm if he had been originally sentenced thereto, and shall have the same au- thority to release a prisoner who has been removed thereto from the Massachusetts reformatory as the prison com- missioners would have to release him from said reforma- tory. SECTioisr 123. The county commissioners, or, in the city of Boston, the penal institutions commissioner, sub- ject to the approval of a justice of the court which im- posed the sentence, after six months from the time of sentence, may discharge a person sentenced to the house of correction, and the directors of a workhouse may dis- charge a person sentenced thereto upon a conviction under the provisions of section fifty-five of chapter two hundred and twelve of being a common night walker, if they are satisfied that the prisoner has reformed, or, for any term during the period of the sentence, they may bind out such prisoner as an apprentice or servant to any inhabitant of this commonwealth. Said commissioners and directors and the master, mistress, apprentice or servant shall have all the rights and privileges and be subject to all the duties set forth in chapter one hundred and fifty-five, as if the prisoner had been bound out by the overseers of the poor ; and the relations of the parties shall not be affected by the age of the person bound. If the master or mis- tress is discharged from the contract of service or appren- ticeship as provided in said chapter, the person bound shall be returned to the place of confinement and shall serve out the original sentence, if any portion thereof is Chap. 225.] LAWS RELATIVE TO PRISONS. 71 unexpired; but the commissioners or directors shall not be liable to the costs of tbe process provided in said chapter. Seotioit 124. A prisoner who has been confined in a Disciuu-ge prison or other place of confinement eieht davs for non- committed for ° '' non-payment payment of a fine or of fine and expenses not exceeding Jlf^Sj five dollars, twenty days for the non-payment of a fine ^gs/i^*^"! |7' or fine and expenses not exceeding ten dollars, thirty days Ts'gg.'lze.'^'^^' for non-payment of a fine or fine and expenses not ex- ceeding twenty dollars, shall be discharged. Sectiost 125. The justices of police, district and prisoners, municipal courts and trial justices may discharge from e. s'. 87,'§ le. the jail persons who are confined for the non-payment is'66,'284.' of fine, or of fine and expenses not exceeding ten dollars, if they are of opinion that such persons are not able to pay the same, or that it is otherwise expedient; but no fees shall be allowed to any person for such service. Section" 126. If a poor prisoner has been confined in —of poor prisoners. a jail or house of correction for three months for fine or 1799, 7. fine and expenses only, the jailer, master or keeper shall ]g§;|^- make a report thereof, in the county of SufFolk, to the fssu.'iss.'lla. municipal court of the city of Boston, in the county of 9,10.' ' ISTantucket, to a trial justice and m other counties, to a 19.^ ^^^ police or district court. The court or trial justice shall inquire into the truth of the report and may require the jailer or keeper to bring the prisoner into court. If the court or trial justice finds that the report is true, and that the prisoner since his conviction has not had any property, real or personal, with which he could have paid the amount for which he was committed, and that he is held for no other cause, the court or trial justice shall order the sheriff, master or keeper to discharge the pris- oner. A person under guardianship may have the bene- fit of the provisions of this section, although it appears that he has property held under guardianship, if it also appears that such property is beyond his actual control, and if he is discharged, the commonwealth may, in an 72 LAWS RELATIVE TO PEISONS. [E.L. Acts rendering permit void. 1884, 162, §§1,4; 2B5, § 33. 1887, 436, § 2. 1894, 4J0, § 1. 1896, -2.52 ; 504, §2. 1897, 206. 1898, 240, 371. Revocation of permits. 1880, 218, § 1; 221, §3; 247, §2. 1881,' 90, § 1. P. S. 220, § 6S; 221, §52; 222, §20. 1884, 1.-.3, § 4; 255, § 33. 1885, 323, § 4. 1887, 435, " ^ 1894, 258; §1. 1895, 252; §2. 1897, 206. 1898, 371. 440, 504, Certain pris- oners released on probation or permit may be arrested, 1880, 139, §§ 7, 10; 218, §2; 221, § 4. 1881, 90, § 2. P. S. 220, §70; 221, § 53; 222, §21. 1884, 1.52, §§2,4; 255, § 34. 1886, 323, § 4. 1887, 292, § 2 ; 435, § 3. 18S8, 192. action of tort brought within one year after the discharge, recover from his guardian, if he has assets, the amount of fine or fine and expenses which remain unpaid. Sectioh 127. The violation by the holder of a permit to be at liberty granted under the provisions of sections one hundred and thirteen, one hundred and fourteen and one hundred and sixteen to one hundred and twenty, in- clusive, of any of the terms or conditions of his permit or the violation of any law of this commonwealth shall of itself make his permit void. If the holder of a per- mit issued under the provisions of section one hundred and fifteen violates any of its terms or conditions or vio- lates any law of the commonwealth before the expiration of his maximum term and is convicted thereof either be- fore or after said expiration, such j)ermit shall thereby become void. Sectiom" 128. The board, commissioners or ofiieer is- suing to a prisoner a permit to be at liberty under the provisions of sections one hundred and thirteen and one hundred and seventeen to one hundred and twenty, in- clusive, may revoke it at any time previous to its ex- piration, and the prison commissioners may revoke such permit issued under the provisions of section one hundred and fifteen at any time before the expiration of the maxi- mum term for which it was issued, and shall revoke it when they have knowledge that the person to whom it was issued has been convicted of a crime which is punish- able liy imprisonment. Sectiow 129. The prison commissioners, the state hoard of charity, the county commissioners, the directors of a worlchouse , or, in the county of Suffolk, the penal institutions commissioner of the city of Boston, if a per- mit to lie at liberty issued by them, respectively, to a pris- oner under the provisions of sections one hundred and thirteen to one hundred and fifteen, inclusive, and one! hundred and seventeen to one hundred and twenty, in- clusive, has become void or has been revolted, or if a Chap. 225.] LAWS RELATIVE TO PRISONS. 73 prisoner on prohation under section one hundred and ]tll]*^]ll iiventy-one has been ordered to return to the prison from wVim. u'hich he was released, may issue an order authorizing the arrest of the holder of such permit or of such prisoner on prohation, hy any officer qualified to serve civil or crim- inal process in any county, and the return of such holder, or of such prisoner on prohation, to the prison from which he was released. The governor, if a permit to be at liberty issued to an habitual criminal under the provisions of sec- tion one hundred and sixteen has become void or has been revoked, shall issue his warrant authorizing the arj-est of the holder thereof by any officer qualified to serve criminal process, and his return to state prison. A prisoner who has been so returned to his place of confinement shall be detained therein according to the terms of his original sen- tence. In computing the period of his confinement the time betiveen his release upon a permit, or on probation, and his return to prison, shall not be considered as any part of the term of liis original sentence. If at the time of the order to return to prison or of the revocation of his permit he is confined in any prison, service of such order shall not be made until his release therefrom." Sectiokt 130. A prisoner whose term expires on Sun- Discharge on Saturday if day shall be discharged on the preceding Saturday. term ends on 1864, 194, § 1. p. S. 32:, § 24. Section 131. A prisoner, who at the expiration of fo'tecared'tor his sentence, is in such condition from bodily infirmity expirauonof"^ or disease as to render his removal impracticable shall be isS.^ss!' suitablv cared for in the prison or other place of confine- 42' . . 1864, 169. ment until he is in a condition to be removed. The ex- J,^^t>™'§L 1.0. 222, § 25. jiense of his support, not exceeding three dollars and fifty cents a week, shall be paid by the city or town in which he has a legal settlement, after notice to the overseers thereof, or, if he is a state pauper, to the state board of charity, of the expiration of his sentence and of his con- dition. * See also Acts of 1903, chapter 209, section 6, p. 19 ; Acts of 1904, chapter 243, section 3, p. B4. LAWS KELATIVE TO PRISONS. [R. L. Pardons by governor. * Const., pt. 2, c. 2, 5 1, art. 8. ISOS.'llV. E. S. U2, § 12. G. S. 177, 5 12. P. S. 21», § 12. 135 Mass. 48. [1 Op. A. G. 199.1 Rearrest of pardoned prisoner. 1837, 181, § 2. G. S. 177, § 14. 1.^67, 301, § 1. V. .S. 218, § 13. Confinement for unexpired term of sen- tence. 1837, 181, § 3. G. S. 177, § 16. 1867, 301, § 2. 1881, 164. P. S. 218, § 14. 1882, 197. Ill Mass. 443. 135 Mass. 48. Execution of warrant of pardon. E. S. 142, § 13. PAEDONS. Section 132. In a case in which the governor is au- thorized by the constitution to grant a pardon, he may, with the advice and consent of the council, and upon the petition of the prisoner, grant it, subject to such condi- tions, restrictions and limitations as he considers proper, and he may issue his warrant to all proper ofScers to carry such pardon into effect. Such warrant shall be obeyed and executed, instead of the sentence originally awarded. Sectioit 133. If a prisoner who has been pardoned upon conditions to be observed and performed by him violates such conditions, the warden, superintendent or keeper, respectively, of the institution in which the pris- oner was confined shall forthwith cause him to be arrested and detained until the ease can be examined by the gov- ernor and council; and the officer who makes the arrest shall forthwith give notice thereof in writing to the gov- ernor and council. Sectiow 134. The governor and council shall, upon receiving such notice, examine the case of such prisoner, and, if it appears by his ovsm admission or by evidence that he has violated the condition of his pardon, the gov- ernor, with the advice and consent of the council, shall order him to be remanded and confined for the unexpired term of his sentence, said confinement, if the prisoner is under any other sentence of imprisonment at the time of said order, to begin upon the expiration of such sentence. In computing the period of his confinement, the time be- tween the conditional pardon and subseqiient arrest shall not be taken to be part of the term of his sentence. If it appears to the governor and council that he has not broken the conditions of his conditional pardon, he shall be discharged. Section 13.5. If a prisoner is pardoned or his punish- ment is commuted, the officer to whom the warrant for Chap. 226.] LAWS RELATIVE TO PRISONS. 75 such purpose is issued shall, as soon as may be after exe- g. s. 177, § 17. cuting it, make return thereof, signed by him, with his [i.op. a', g. ' doings thereon, to the secretary's office, and shall file in the ofiice of the clerk of the court in which the offender was convicted an attested copy of the warrant and return and the clerk shall subjoin a brief abstract thereof to the record of the conviction and sentence. AID TO DISCHAItGED PEISOWEES. Section 136. The prison commissioners may employ Aiatoais- X J- • T • 11 1 1 • 1 1 charged pris- an agent tor aiding prisoners who have been discharged oners. Agents. from the state prison, at an annual salary of sixteen hun- }|*|' ^f^ , ^ dred dollars, payable by the commonwealth, who, in addi- ^' %^^'^' ^^ ^*' tion to his other duties, shall assist the secretary of the wen', hi. board. They may also employ three other agents, at an ms, 29^,^11. o ^ 1881 179 annual salary of twelve hundred dollars each, payable ir^ ?gg|-|g?'|||- like manner. Said agents shall endeavor to secure em- J^gl'gjf'fl' ployment for prisoners who have been permanently dis- l89?;35o;§i. charged or released on perinit from the state prison or ' the Massachusetts reformatory, provide said -prisoners with needed assistance, and perform such other duties relative to such discharged or released prisoners as the board requires. They shall also obtain information for the board relative to prisoners who have been committed to institutions under its supervision, especially as to the details of their offences and their previous character and history. They may, for that purpose, require of the police authorities any facts in their possession relative to such prisoners if the communication thereof will not, in the opinion of said authorities, be detrimental to the public interest. They shall be reimbursed for the necessary ex- penses actually incurred by them in the performance of their official duties, after their bills therefor have been approved by the commissioners. The commissioners may expend not more than three thousand dollars annually for the assistance of prisoners discharged from the state prison and not more than five thousand dollars annually for the 76 LAWS RELATIVE TO PRISONS. [R. L. Female agent. 1879, 294, § 27. 1881, 179. P. S. 219, § 27. 1886, 177. 1888, 3.S0, 417. 1897, 360, § 2. 1905, 236. Account of expenditures by agents. 1846, 176, § 2. 1848, 82, § 2. 1862, 213, § 2. G. S. 180, § 66. 1879, 294, § 28. P. .S. 219, § 28. Warden may pay over to agent money authorized to be paid to prisoner. 1827, 118, § 13. E. S. 144, § 53. 1849, 148. 1862, 213, § 3. G. S. 179, §63; 180, § 67. 1879, 294, § 29. P. S. 219, §29; 221, § 42. assistance of prisoners discharged from the Massachusetts reformatory or from any institution to which he was re- moved from said reformatory.* Section 137. The commissioners may also employ, at an annual salary of one thousand dollars, payable by the commonwealth, a woman as their agent in rendering assistance to female prisoners discharged from the pris- ons in this commonwealth. She shall counsel and advise them, assist them in obtaining employment and, under the direction of the commissioners, may render them pe- cuniary aid. The commissioners may expend not more than three thousand dollars annually for the assistance of discharged female prisoners and may pay therefrom to the Temporary Asylum for Discharged Female Prisoners, or to any charitable institution of a similar nature j such amount as they shall determine for the support of women charged with crime whose cases are disposed of without sentence. SECTioiq- 138. The commissioners shall cause an ac- count to be kept of the money expended by the agents for the necessary expenses of the service required by the two preceding sections, for correspondence and travel in pro- curing employment for and furnishing clothing, board and tools to discharged prisoners and for conveying them to their homes or places of employment; which, upon ap- proval by the auditor, shall be paid at the end of each month. Section 139. The warden of the state prison may pay from the treasury of the prison not more than five dollars to any prisoner leaving the prison who, in the opinion of the warden, by his good conduct deserves it, or he may, in his discretion, pay it to the agents appointed under the pro\'isions of section one hundred and thirty-six, who shall expend for the benefit of such prisoners what they thus * Prisoners discharged from the temporary industrial camp for prisoners may also he assisted from this appropriation. Acts of 1904, chapter 24.S, section 4, p. 54. Chap. 22B.] LAWS RELATIVE TO PRISONS. 77 receive, and shall account therefor to the commissioners. A prisoner who leaves the state prison shall be provided with decent clothing. Section" 140. The agent for aiding prisoners who have Annual report ,,.--,. . of agents. been discharged from the state prison and the agent for isie, vs. aiding discharged female prisoners shall annually, on or e^l'fgo §68 before the fifteenth day of October, make full and detailed F's'lit'lllo statements to the commissioners of their doings for the year ending on the thirtieth day of September,* which shall be included by the commissioners in their annual report. Sectioit 141. The county commissioners may provide Aid by county T ■ T T !• . 1 . . , commlsslon- a prisoner who is released from prison on probation with era. . . . . . 1880, 129, § 9. such amount of money as in their opinion can be wisely ^- s- 2'^°' § ''i- used to encourage his reformation, or they may pay it to a probation ofiicer to be used for such prisoner. Section 143. The master or keeper of a jail or house —by keeper of of correction mav, with the approval of the county com- isei, i26. ■" ^^ . '' P, S. 220, § 64. missioners, expend such amount, not exceeding ten dollars, [^i op. a . g. in aiding a prisoner discharged from his custody as in his opinion will assist such prisoner in his endeavor to reform. He may, in his discretion, pay it to the prisoner, or to some person selected by the master or keeper to be expended by him in behalf of the prisoner or for provid- ing the prisoner with board, clothing, transportation or tools. The amount so paid by a master or keeper shall be allowed and paid by the county like other prison ex- penses. * This date will be changed by chapter 211, Acts of 1905, which establishes November 30 as the end of the fiscal year. 78 LAWS RELATIVE TO PRISONS. MISCELLANEOUS PROVISIONS FKOM THE EEYISBD LAWS WITH AJIENDMENTS AND ADDITIONS. Accounts of institutions to be kept under directiou of the auditor. 18S7, 87, §§ 1, 3. The fiscal year for the Com- monwealth to begin Decem- ber 1, etc. 1905, 311, § 1. CHAPTEE 6. ACCOUNTS OF INSTITUTIONS. Sectiom" 16. The accounts of all state, penal and charitable institutions, and all other public institutions, for the support of which appropriations are annually made, shall be kept at such institutions under the direc- tion of the auditor, and shall be as nearly uniform as the nature of the institutions will permit. The fiscal year of all offices, departments, boards, com- missions, hospitals, asylums, charitable, penal and reform- atory institutions of the Commonwealth shall begin with the first day of December and end with the following thirtieth day of JSTovember, and all books and accounts therein shall be kept by fiscal years as herein established, and the annual reports of all officers, trustees, boards and commissions, except the report of the insiirance com- missioner and except those reports otherwise provided for in this act, shall be made to the governor and coun- cil, or to the general court, as now required by law, except that they shall be made on or before the third Wednesday in January, anything in any general or special statute now existing to the contrary notwithstanding. Such reports shall be deposited with the secretary of the Commonwealth, who shall transmit them to the gov- ernor and council or to the general court. The finan- cial statements now required by law to be included LAWS RELATIVE TO PRISONS. 79 therein shall be made for the fiscal year as herein es- tablished. The annual meetings of trustees of state insti- tutions and of state boards, at which financial statements are required by law to be presented, shall be held in the month of December in each year. Sectiow 17. The auditor shall prescribe the number Auditor to and form of all analytical or siibsidiary accounts, which of accounts. ■L 11 1- 1 c 1 c 1S87, 87, §§ 2, 4, snail be made irom the accounts of record kept at each ^■ institution. Such accounts shall also show the expendi- tures, and the estimated cash value of the products of the department of the institution to which it relates, whether sold or applied to the use of the institution, and also as nearly as may be the value of the labor of the inmates entering into such production. The accounts shall, at all times, show the financial condition of the institution; but no inventory shall be required, unless provided by law. The auditor may expend such amount as may be necessary to comply with the requirements of this and the preceding section. Section 19. All original bills and vouchers on which bius, etc. to o be depOBited money has been or may be paid from the treasury upon SeT^iv's?^'!' the certificate of the auditor or the warrant of the gov- p.'s'.ie^'/^!' emor shall be kept in the auditor's department; and all boards, commissions or public officers authorized to make contracts under which money may be payable from the treasury shall file with the auditor certified copies thereof. Sectiost 26. Every officer or board having charge of ^ates''o/*''* any department requiring an expenditure of money from tion™^'^'''" the treasury of the commonwealth, shall annually, on or ■ - • s • before the fifteenth day of November, submit to the auditor of accounts estimates in detail and in tabular form shomng the amounts appropriated for the preced- ing fiscal year and the amounts required for the current fiscal year, with an explanation of the necessity of any new or increased or decreased expenditures, and citations of the statutes relating thereto. The auditor shall em- body such estimates, with those for his own department, 80 LAWS RELATIVE TO PRISONS. in one document, wliich shall be printed and laid before the general court on the first Wednesday of the succeed- ing January. Advances from the treasury. 1884, 179, §§ 1, 4. 1888, 322, § 1. 18aO, 58. 1S91, 54. 1894, 246, 314. 1895, 10. 1899, .54. 1900, 266. 1901, 303, § 3. Officer to cer- tify immediate need. 1884, 179, § 2. Statement in detail to auditor. 1884, 179, ? 3. 1890, 58, §§ 1, 3. 1905, 211, § 8. Sectiobt 35. Officers who are authorized to expend money in behalf of the commonwealth may have money advanced to them from the treasury, not exceeding at any one time the following amounts: the board of Purchasee by officers regu- lated. 18.58, 11, § 7; 158, § 13. G. S. 16, § 41. 1S78, 187, § 2. P. S. 16, § 37. 1905, 211, § 10. prison commissioners, for aiding prisoners who have been discharged from the Massachusetts reformatory, five hun- dred dollars ; . . . other public officers, except as other- wise provided, not more than one hundred and fifty dollars at any one time. Section" 36. Such officers shall certify that the amount is needed for immediate use, and, as specifically as may be, the purposes for which the expenditure is requ.ired. The certificate shall bear the approval of the board hav- ing the supervision of such expenditiire and, when filed with the auditor of accounts, his certificate and the war- rant and payment shall follow as in case of claims against the commonwealth. Sectiow 37. Such officers shall, within thirty days after the receipt of an advance, file with the auditor a detailed statement of the amounts expended subsequent to the previous accounting, approved by the board author- ized to supervise such expenditure, and vouchers therefor if they can be obtained. All advances so made shall be accounted for and vouchers therefor filed with the auditor before the first day of December in each year. Section 40. ISTo officer shall make purchases or incur liabilities in the name of the commonwealth for a larger amount than has been appropriated for the service or pur- pose for which such purchases have been made or liabilities incurred ; and the commonwealth shall not be responsible for the acts of its servants and officers for any amount in excess of its appropriations. Officers or boards may continue their several departments during the months of December and January, until the general court otherwise LAWS RELATIVE TO PRISONS. 81 orders, at the rate of expenditure authorized by the ap- propriations for the preceding year. If expenditures are made in excess of appropriations, the officers hav- ing charge of such expenditures shall annually, on or before the fifteenth day of December, report to the auditor the details of such expenditures with the reasons therefor, and the auditor shall make a special report of the same to the general court early in its session. Section- 41. ISTo public officer or board shall incur a same subject. , 1 X i i • ]8S8, 168, § 14. new or unusual expense, make a permanent contract, m- g. s. is, § a. , T . . ' P. S. 16, § 38. crease a salary or employ a new clerk, assistant or other i^dt, 128, § 3. subordinate unless a sufficient appropriation to cover the expense thereof has previously been made by the general court. Sectioit 42. 'Eo permanent improvement, alteration improve. ,,.. imi !■ i-iT 11 • 1 nicnts, etc., in or addition shall be made m a building belonging to the pubucbuud- .° '^ ° ingB, not to be commonwealth until a specific description of the intended maae\Yithout r ir an appropna- change and an estimate of the expense thereof have been Jg""; j-y^ ^ -^ submitted to the general court, and until a specific ap- i879,'29b.^ *''' propriatiou has been made therefor. ~So board or officer shall insure any property of the commonwealth without special authority of law. Section 56. Officers of public institutions and of j'JftoVtatetoeta'^ departments of the commonwealth receiving fees or other rg-^^^o"™^' money payable into the treasury shall pay them over at ' '^^ ' ^ ' least once in each month. Section 57. If sales of the ijroperty of the common- itemized accoiint of wealth are made by any officer of a state institution, the ^^Jf\°tjf"'"^ superintendent thereof shall submit to the trustees or 1884,326. other supervising board an itemized account, under oath, of such sales, for their approval in the same manner as accounts for materials and supplies for such institutions are approved, and such account shall be filed with the treasurer and receiver general when the proceeds of such sales are paid over to him. 82 LAWS RELATIVE TO PRISONS. Names of decedents, et(*. to be sent to registrars. 18S4, sas, § 30. 1866, iW, § i. 1889, 404, 5 ;>. ISflO, 4-23, § 39. 189-2, 351, § 39. 1S1I3, 417, § 23. 189S, ,')4S, § 24. 1900, 241. 1901, 441. CHAPTEE 11. RETURN OF VOTERS IN PRISON. Section" 23. ... The jDrison commissioners of Mas- sachusetts, the penal institutions commissioner of Bos- ton, . . . shall, ten days before every state election in Boston, transmit to the election commissioners of Boston the names of all male persons of twenty-one years of age or upwards who had a last known residence in Boston, and also ten days before every city election in that city, the names of all male and female persons of said age or upwards who had such residence and who, at said respective dates, are inmates of the institutions under their charge, respectively, except those whose terms of confinement expire before the date of such election. Such commissioners . . . shall make diligent inquiry as to the age and residence of inmates of such institutions, and shall, in the case of those coming within the provisions of this section, transmit to the election commissioners the names and ages of such persons and their residences by street and number, wherever it is possible to do so. . . . Imprisonment for non-pay- ment of tax. 1785, 70, § 2. R. 8.8, ?11. G. S. 12,' § 13. P. S. 12, § 14. " 1888, 390, § 18. 1893,241. 1901, 408. 13 Met. 85. 9 Gray, 190. 13 Gray, 93. 3 Allen, 5. Certificate of cause of com- mitment. 1785, 70, § 11. R. S. 8, § 13. G. S. 12, § 14. I'. S. 12, § 15. IS-S-M, .390, § 19. 18S9, 3.34, § 5. CHAPTEE 13. COLLECTION (OF TAX) BY IMPRISONMENT. Section 26. If a person refuses or neglects to pay his tax for fourteen days after demand and the collector cannot find sufficient goods upon which it may be levied, he may take the body of such person and commit him to jail until he pays the tax and charges of commitment and imprisonment, or is discharged according to law; but a person committed for the non-payment of a poll tax shall not be detained in jail more than seven days. Section 27. A collector who commits a person to jail shall give to the keeper thereof a certificate signed by him, stating that he has committed the person for non- payment of his tax for fourteen days after demand there- for, and for want of goods and chattels whereof to make LAWS RELATIVE TO PRISONS. 83 distress, and setting forth the amount said person shall pay for said tax, interest, charges and fees. Section 2S. Upon the request of a person who has Di8chargeof been committed to jail for the non-payment of a tax, the S^^eb'to? jailer shall forthwith inform some magistrate havino' au- rao.'iz, §§ 1-4. thority to examme poor debtors that the debtor desires ^, i« §"4 to take the oath for the relief of poor debtors. The r.' 1; il;'| il' magistrate shall thereupon appoint a time and place for ^^^^' '^''''' ^ ^''■ the examination of the debtor, and shall direct the jailer to cause the debtor to be present at the examination. The notice which is required by section thirty-three of chapter one hundred and sixty-eight* to be given to the creditor may be given to any one of the assessors or to the col- lector of the city or to-«Ti in which the tax was assessed, any of whom may appear at the examination and do all things which a creditor might do upon an arrest or execu- tion. If a debtor is iinable to pay such tax, he may be discharged in the same manner as if he were committed upon an execution. SECTioiiT 29. The collector shall be liable for the tax Liability of and the charges of imprisonment of a person who is dis- <-iebtoi°dis- charged, unless he arrested and committed such person i;%«,§e. ^ ii o. 8, § 50. mthin one year after the tax was committed to him for p'f'lajn collection, or unless he shall be exonerated therefrom by "Meta^!''' the city or town to which the tax is due. CHAPTEE 16. PRISON OFFICERS EXEMPT FROM MILITARY DUTY. Sectioit 3. In addition to the persons exempted by Exempuou, the laws of the United States from enrolment in the §i''-9- !'• S. 14, § 2. militia, the following persons shall also be absolutely jggg'S'fl- exempt: . . . superintendents, ofEcers and assistants em- Is^Mals.^sie. ployed in or about any of the state hospitals, state alms- 17 Mass.' 49*' houses, state prisons, jails or houses of correction; . . . 2 picii.' 59' ' * Notice issued by police, district or municipal court or trial justice. ■IS Pick. 208. urn, 46.'), § 3. state depart- ments. 1S03, 229, § 1. 84 LAWS RELATIVE TO PRISONS. CHAPTEE IS. OFFICE HOURS. Office hours of Section 13. T/is offlces of all the departments of the state deiDart- it i l ' state government shall be open to the public for the trans- action of business daily, except on Sundays and legal holidays, from nine o'clock in the forenoon until five o'clock in the afternoon, except on Saturdays, ivhen they may be closed at twelve o'clock, noon. The treasurer and receiver general shall not be required to keep his office open for the receipt and payment of money later than two o'clock in the afternoon. CHAPTEE 18. EMPLOYEES NOT TO TAKE FEES. torecemj'^fe^s! Section 15. ]S^o person employed in any department sliall receive for his o-wn use any fee for copying public records or documents, or for other services during office hours, but all fees therefor shall be paid into the treas- ury of the commonwealth. Whoever violates the pro- visions of this section shall be disqualified for employment in any department of the state government. CHAPTEE 20. PLANS APPROVED BY PRISON COMMISSIONERS. etcirtobeap.^' Sectioit 28. If no provision is made for the approval of plans by a special board other than the county com- missioners, all plans for the construction or enlargement of a jail, house of correction or reformatory shall be ap- proved by a vote of the board of prison commissioners; and no bills for such construction or enlargement shall be incurred or paid until the plans have been so ap- proved by a majority of such board. 1S65, 259, § 3, p. .S. 21, § 11. proved 1897, 316. LAWS RELATIVE TO PRISONS. H5 CHAPTEK 21. PAYMENTS BY COUNTY OFFICERS. Sectiok- 42. Sheriffs, masters of houses of correction, sworneertm- keepers of jails or of truant schools, or other public ofS- tain^omcerVto T T • /.I accompany cers, -n-nen makinff payment to county treasurers of public payments to . \ , „ T .,. treasurers. funds, shall deliver therewith a sworn certificate of such J^oi'im'^^' details as the controller of county accounts prescribes. . . . Section 43. Each county treasurer shall annually, in county treas- January, return to the controller of county accounts a annual return 1 ^ (• ^^ r' re- *° county statement, under oath, oi all fines, forfeitures, expenses, controller fees and money received by him in criminal matters dur- JJ?™' \m[' 4 ing the preceding year, from whom they were received, i?/s'.||*'/3o. and the name of each magistrate or officer who has failed isazjlso' to account for and pay over the same to him and what proceedings have been taken by reason of such failure. He shall also annually, on or before the fifteenth day of October, make a return to the prison commissioners, upon blanks to be provided by them, of all amounts paid or received by him on account of any jail or house of cor- rection for the year ending on the preceding thirtieth day of September. CHAPTEK 23. SHERIFF'S COMPENSATION AS JAILER OR MASTER. Sectiok' 19. A sheriff who personally performs the Extra compeu- sation in cer- duties of jailer or master oi the house of correction may tain cases, receive, in addition to his salary as sheriff, the compensa- p- s'- m. § na- tion established by law for such services; but not more than one thousand dollars a year. OHAPTEE 29. NOTICE OF BIRTH AND DEATH IN PRISON. Sectiok- 6. ... The keeper, superintendent or per- Notice of -^ . . births and son in charge of a workhouse, house of coi-rection, prison, gea^hs^^^ ^ ^ reformatory, hospital, almshouse or other institution, pub- J5^2-3,^48._^ lie or private, which receives inmates from within or g:|;M,i2!' 86 LAWS RELATIVE TO PRISONS. P. S. »i, § -1. 1SI7, 444, § 6. without the limits of the city or town in which it is located shall, when a person is received, obtain a record of all the facts which would be required for record in the event of the death of such person, and shall, on or before the fifth day of each month, give notice to the city or town clerk of every birth and death among the persons under his charge during the preceding month. The facts required for record by section one shall, so far as known or obtainable, be included in every notice given under the provisions of this section.* nlgiecuo°re- Sectioit 8. A parent, keeper, superintendent or other i795!'69, §2. person who is required by section six to give or cause to g'. s'. 2i', §2.'' be ffiven notice of a birth or death, who neglects so to do P S 32 5 2 i897,'444, §s. for ten days after the time limited therefor, . . . shall forfeit not more than five dollars for each offence. * The provisions of section one of this chapterrelative to births and deaths are as follows : — Section 1. Bach city and town clerk shall receive or obtain and record in separate columns the following facts relative to the births, marriages and deaths in his city or town : — In the record of births, the date of the record, the date of birth, the place of birth, the name of the child, the sex and color of the child, the names and places of birth of the parents, including the maiden name of the mother, the occupation of the father, and the residence of the parents. In the record of the birth of an illegitimate child the name of, and other facts relating to, the father shall not be recorded except at the request in writing of both father and mother. The term " illegitimate " shall not be used in the record of a birth unless the illegitimacy has been legally determined, or has been admitted by the sworn statement of both the father and mother. In the record of deaths, the date of the record, the date of the death, the name of the deceased, the sex, the color, the condition (whether single, widowed, married or divorced) , the supposed age, the residence, the occupa- tion, the place of death, the place of birth, the names and places of birth of the parents, the maiden name of the mother, the disease or cause of death, the place of burial, the name of the cemetery, if any, and if the deceased was a married or divorced woman or a widow, her maiden name and the name of her husband. The word "residence", as used in this sec- tion, shall be held to include the name of the street and the number, if any, of the house on the street. LAWS RELATIVE TO PRISONS. S7 CHAPTEK 30. OF WORKHOUSES AND ALMSHOUSES. Sectiojst 1. A city or town may erect or provide a workhouses or almshouses; workhouse or almshouse lor the employment and support commitments of indigent persons maintained by or receiving alms from H'f"g''"' it; of persons who, being able to work and not having Jsi;i4'2f§3'.^^' estate or means otherwise to maintain themselves, refuse 40', §'4. ' "' or neglect to work ; of persons who live a dissolute, vagrant iss?, 153! . . . . G. S.i22, §§1,22. life and exercise no ordinary calling or lawful business ; i'- s. 33, §§ 1, 22. •' ° _ _ 8 Allen, 73. of persons who spend their time and property in public jfl jJilgg- 175 houses to the neglect of their proper business or who, by {52 mIsI; sos'. otherwise misspending their earnings, are likely to be- come chargeable to the city or town; and of other persons sent thereto under any provisions of law.* {Acts of 1904, Chap. 274.) AN ACT RELATIVE TO THE CUSTODY OF PERSONS COM- MITTED TO WORKHOUSES OR ALMSHOUSES FOR CRIMINAL OFFENCES. Section 1. Persons committed to any workhouse or persons com- mitteil to almshouse established under the provisions of section one «J™*°^""'='' of chapter thirty of the Eevised Laws, for vagrancy, «™'e"s\obe drimkenness or petit larceny, or as night walkers, rogues separate"" or vagabonds, or for any other offence against the laws 1904/274% i.' ° ' • V j7 ■ lyCS. 348, § 1. of the Commonwealth, and persons received tlierem as tramps or vagrants without commitment, shall be con- fined in separate and distinct quarters in such workhouse or almshouse and shall not be permitted to associate or communicate with the pauper inmates thereof. Section 2. Any officer or other person having author- renai,^v. ^ ^ itv in or over any workhouse or almshouse as aforesaid, who knowingly violates the provisions of this chapter, * Chapter 344 of the Acts of 1905 provides that: Cities and towns which provide lodging for tramps and vagrants shall require them, if physically able to perform lahor of some kind in return for the lodging and food fur- nished to them ; and the places in which sitch persons are lodged shall be kept in such order and condition as may be prescribed by the state board o£ health. 3^ LAWS RELATIVE TO PRISONS. shall lie punished by a fine of not more than three hun- dred dollars or by imprisonment for not more than six months, or by both such fine and imprisonment. CHAPTEE 35. STANDARD RECORD INK. FsD^SJ,"""' Section 8. Persons having the care or custody of 1S99; SS; § 1. public records in any department or ofiice of the com- monwealth, or of any county, city or town, shall not, except as provided in the following section, use or per- mit to be used upon any public record written by them or under tlicir direction any ink except ink furnished by the commissioner (of public records), certain appii- Sectiox 9. Such persons shall not use or permit to ances forbid- -•■ ■*■ im 3.54 § 4. ^^ "L'^s^^ upon such records any ribbon, pad or other de- vice used for printino' by typewriting machines, or any ink contained in such ribbon, pad or device, except such as has been approved by the commissioner. If the com- missioner finds that an article so approved is inferior to the standard established by him he shall cancel his ap- proval. fslis'^Mo' Sectiga' 10. Whoever violates the provisions of the 1899, 3o4, §5. ^^^ preceding sections shall be punished by a fine of not more than fiftv dollars. CHAPTEE 35. RECORDS TO BE KEPT IN FIREPROOF VAULTS. Fireproof Sectiox 18. OfScers Or boards in charge of a state vaults. " e"s' u''§ 104. department, county commissioners, city councils and select- ii7;97!'/i.''''' ™6ii shall, at the expense of the commonwealth, county, p.' s! I?; 11 3] 4! city or town, respectively, provide and maintain fireproof rooms, safes or vaults for the safe keeping of the public records of their department, county, city or town, other' than the records in the custody of teachers of the public schools, and shall furnish such rooms only with fittings of non-combustible materials. LAWS RELATIVE TO PRISONS. 89 CHAPTEE Y5. OF CONTAGIOUS DISEASES IN PRISONS. Section 47. If a prisoner in a jail, house of correc- Hemovaiof tion or workhouse has a disease which, in the opinion of isie.SI'lswJS. the physician of the board or of such other physician as t^-s'.26;§§25;26.' ■^ *- p. S. 80, §§49, 50. it may consult, is dangerous to the safety and health of other prisoners or of the inhabitants of the town, the board shall, in writing, direct his removal to a hospital or other place of safety, there to be provided for and securely kept until its further order. If he recovers from the disease, he shall be returned to his former place of confinement. If the person so removed has been com- mitted by order of court or under judicial process, the order for his removal, or a copy thereof attested by the presiding member of the board, shall be returned by him, with the doings thereon, into the office of the clerk of the court from which the process of commitment was issued. Xo prisoner so removed shall thereby commit an escape. Section 48. An imnate of a public charitable institu- Treatment of tion or a prisoner in a penal institution who is afflicted i89i, 420. with syphilis shall be forthvsdth placed under medical treatment, and, if, in the opinion of the attending physi- cian, it is necessary, he shall be isolated until danger of contagion has passed or the physician determines that his isolation is unnecessary. If, at the expiration of his sentence, he is afflicted with syphilis in its contagious or infectious symptoms, or if, in the opinion of the attend- ing physician of the institution or of such physician as the authorities thereof may consult, his discharge would be dangerous to public health, he shall be placed under medical treatment and cared for as above provided in the institution where he has been confined until, in the opinion of the attending physician, such symptoms have disappeared and his discharge will not endanger the pub- lic health. The expense of his support, not exceeding three dollars and fifty cents a week, shall be paid by the 90 LAWS RELATIVE TO PRISONS. place in which he has a settlement, after notice of the expiration of his sentence and of his condition to the overseers of the poor thereof, or, if he is a state pauper, to the state board of charity. CHAPTER Y5. VACCINATION OF PRISONERS. Inmates of Section 138. The board of health of a city or town factories, etc., *' Snated"''" ^^ which any incorporated manufacturing company, alms- (fJ's.Utllo.'^' house, reform or industrial school, hospital or other es- im,iihS^t tablishment where the poor or sick are received, prison, 1898 433 5 23. jail or house of correction or any institution which is supported or aided by the commonwealth is situated may, if it decides that it is necessary for the health of the inmates or for the public safety, require the authorities of said establishment or institution, at the expense thereof, to cause all said inmates to be vaccinated. CHAPTER 77. DISPOSITION OF DEAD BODIES. de'ad°bod?e°°* Sectiow 1. Upou the Written application of the dean i§4,' i87,\^3. ^^ other officer of any medical school established by law 184S,' 242, Vi".' i^ t^is commonwealth, the overseers of the poor of a city u,'. s. 27,'§ 1.' or town, the trustees for children, the pauper institutions 1K79, 291,§9. . , . ., 11 1 . . p. s. 81, § 1. trustees, the insane hospital trustees and the penal msti- 1891,185, §1; , -"^ '^ 189S 479 §1 tutions commissioner, of the city of Boston, the trustees 1900,333. j^^(j superintendent of the state hospital, state farm or other public institution supported in whole or in part at the public expense, except the soldiers' home in Chelsea, shall give such dean or other officer permission to take, within three days after death, the bodies of such persona who die in such town, city, city institution, state hospital, state farm or public institution as are required to be buried at the public expense, to be used within the com- monwealth for the advancement of anatomical science; but such permission shall not be given to take the body LAWS RELATIVE TO PRISONS. 91 of any soldier or sailor, Imo^wTi to be such, who served in the war of the rebellion or in the war between the United States and Spain. In giving such permission, regard shall be had to preserving as far as practicable a fair proportion between the number of students in at- tendance at such institutions and the number of such bodies delivered to them respectively. Sectioit 2. Such dean or other officer, before receiv- Bond, ing any such dead body, shall give to the board or officer ii4!i87,\^3. surrendering the same to him a sufficient bond with con- &• s^ 2?! § 2. ' . . P- S. 81, §2. dition that such body shall be used only for the promo- 1888,479, §2. tion of anatomical science within this commonwealth, and in such manner as in no event to outrage the public feel- ing, that, after having been so used, the remains shall be decently buried, that it shall not be so used for fourteen days after death and that it shall, during said fourteen days, be kept in a condition and place to be viewed by any person, at all reasonable times, for the purpose of identification. Section 3. If the deceased person, during his last when bodies ^ ^ ~ are to be sickness, of his own accord requests to be buried or re- 5['g"„'''^7 ^ 3 quests that his body be delivered up to any friend, or if, e.^s'.2I!'ul within fourteen days after the death of such deceased per- g*!'.!?!'!*.' son, anv "person claiming to be and satisfying the author- isk,' i85, § 2, ^ J ^ f ■' ^ 1898, 479, §3. ities that he is a friend or is of kindred to the deceased asks to have the body buried or surrendered to himself, or if such deceased person was a stranger or traveller who suddenly died, the body shall not be given up as afore- said ; but shall, in conformity with such request, be either buried or delivered to such friend or kindred. Section 4. Upon conviction of murder in the first °j|^/;;'j*°^ °* degree, the court may order the body of the convict after {"^i^'^g*;''!'^; his execution to be dissected. The ivarden of the state K.^s.ifB.ri. prison shall in such case deliver it to a professor of an- atomy or surgery in a medical school established by law in this commonwealth, if so requested ; otherwise, he shall, unless the convict's friends desire it for interment, de- G. S. 160, § t P. S. 202, § 8. 1904, 204. 92 LAWS RELATIVE TO PRISONS. Autopsies in state insane hospitals and asylums. 1902, 417. Surrender of principal to jailer, when. 1878, 48. P. S. 85, § 11. 3 Allen, 151. Discharge of defendant on non-entry, how. 1865, 161. P. S. 85, § 12. ]8S.i, 384, §5. Defendants in bastardy cases may be dis- charged in certain cases. 1905, 345. liver it to any surgeon attending to receive it who will undertake to dissect it. Section 5. Where the cause of death cannot other- wise he determined the chief medical officer of the insti- tutions named in section one shall have power to cause autopsies to lie made upon todies unclaimed iy i-elatives or friends, before surrendering the same to such persons and in such manner as are specified in sections one and two of this act. CHAPTER 82. CUSTODY OF DEFENDANT IN BASTARDY CASES. Section 11. A surety upon a bond''" given imder the provision of section six may, if the court in which the complaint is pending is not in session, surrender his principal to the keeper of any jail in the county in which the complaint is pending. The surety shall deliver to the jailer a copy of the bond, attested by the officer having custody thereof, which shall be a sufficient warrant to the jailer, although the surrender and commitment prove to be unlawful on the part of the surety. Such surrender shall have the same effect as a surrender under the pro- visions of section eight,! and like proceedings may be had thereafter. Section" 12. If the defendant is committed under the provisions of section ninej and the complaint is not en- tered at the return day of the superior court at which he was required to appear, he may make application to said court to be discharged ; and if it appears, after such notice as the court may order, that there is no ground to hold him to answer further to the complaint, the court shall order him to be discharged. // after entry the com- plainant neglects or refuses to prosecute such complaint, the district attorney, upon notification from a probation officer or from the Tceeper of the jail in which such de- '" For appearance at continued hearing. t Relative to surrender by surety to court. X For appearance in superior court. J'2, § U. P. 8. 86, § 20. _ . 151. 153 Mass. 4i!8. LAWS RELATIVE TO PRISONS. 93 fendant is confined that the 'proceedings have been un- reasonably prolonged, shall bring the case to the attention of the superior court which, after such notice to the com- plainant and such investigation as it shall deem necessary, may order the defendant to be discharged. Section 14. If the defendant is committed on ac- Discharge count of inability to give bond, be shall be discharged m^nt.\°oT:"- from imprisonment at any time thereafter upon giving g.'|.72,||-. the required bond, approved in the manner provided in is'ss.'S?.^"' section five.* Section" 20. If the defendant has been imprisoned Defendant 4. ;\ {• [> '~i , niay take poor ninety days lor a failure to comply with an order of the '^^^l^l'"'^^- superior court, as provided in this chapter, he shall have §;'!': 'I § r the benefit of the laws for the relief of poor debtors f^iln' committed on execution if he causes the notice required '"'" by the provisions of section thirty-three of chapter one hundred and sixty-eight to be served upon the clerk of the city or town in which the child of which he is the reputed father has its legal settlement, if there is such place in the commonwealth, and upon the parties to the record, thirty days at least before the time appointed for taking the oath. Sectioit 23. The complainant shall not be required complainant ■*- 1 not to support to pay or give security for the support of the defendant prison."""" if he is committed to prison by virtue of the provisions g!'s'.?/;§i4. of this chapter ; nor shall the defendant be discharged • ' • ^''' ^ ^^' from imprisonment although payment is not made or security given for his support. CHAPTER 85. trustees of the state hospital and the state FARM. Sectiow 1. There shall be a board of trustees of the Trustees of state hospital and state farm, consisting of five men and anVstate'farm. two women, three of whom shall annually in June be iss*! ^^, § 3- [ •^_ 1869, 177, § 3. * Bond approved by a Justice, special justice or clerk of a police, district or municipal court, by a trial justice or by a bail commissioner or master in chancery. i:)4 LAWS RELATIVE TO PRISONS. G. s. 71, 5 33. appointed by tlie governor, with the advice and consent 1879, 2'J1,§9. ff . •/ a , , , . P. s. 86, §13; of the council, for a term of three years, except that m 8S, § 1. ' ' . }||f' f^' § -■ the year nineteen hundred and three and every third year 1900,333. thereafter only one such trustee shall be so appointed. Jeporfs'"' Section 2. The trustees shall hold meetings monthly itsi, a,.-., §§ 0, gj^jj^g-^. j^^ .(.jjg g|.^^g ]iospital or state farm and shall an- is57;4o;'§i.' nuallv, on or before the first day of ISTovember, report to 18.59, 177, § 2. • ' ■' „ , : . I'^'-'t- -J''^'§\\- the governor and council the condition of such mstitu- (jr. b. il, §9 3i, ^ is;;i?''iii8, § 2. tions and the expenses of the state hospital in detail for 1876,' 199,^1 1-3- ^^^ ys^^ ending on the preceding thirtieth day of Sep- 9!"io'. '' ^^ ' tember,* a list of the salaried officers and their salaries, 14, lii, 17, 19, 20, and a coiiv of the inventory required by the provisions of 40; 88, §§ 2, 3. ^ ± 1/ i i8s;j, 2'7s: ' section seven of chapter eightv-f our. f One trustee shall 1891,399. y^g^^ g^g[-^ institution at least once in each week. The trustees shall appoint a superintendent of the state hos- pital, who, with the approval of the governor and council, may be the resident physician, and a superintendent of the state farm, each of whom shall hold office at the pleasure of the board and whose compensation shall be fixed by it with the approval of the governor and council. All other officers and employees shall be appointed by the superintendents, subject to the approval of the trustees, who shall fix the compensation in each case, which shall not exceed the appropriation of the general court for that purpose. They shall audit and approve the accounts and l^ills of the superintendent of the state hospital and of the state farm before payment. ISTo person employed by the board shall be a member thereof. 1852? 2'7.->,'§ 6. Section ?>. The trustees shall, with the approval of G. s. 7i,'§ .32. the governor and council, establish rules and regulations 1879, 3!ll,§§ 7, 9. . " ° isls4'?97 Vt proper management and government of the state p. s. 88, § 1. hospital and state farm, and shall see that they are en- forced. * See footnote on page 8. t The inventory includes: Live stocls, produce of the farm, carriages and agricultural implements, machinery and mechanical fixtures, beds, bedding and other furniture, personal property, ready-made clothing, dry goods, pro- visions and groceries, drugs and medicines, fuel, libr.ary. LAWS RELATIVE TO PRISONS. 95 CHAPTEE 85. THE STATE FARM. Section 28. The superintendent shall have the man- Datieeofsu. agement and control of the state farm and its operations. 5w, M'^ffi!'!. Section 29. The state board of charity shall have Dutieslf state general supervision of the state farm, and shall have the charfty.* , T 1 „ - , 1866, 198, § 3. same power to discharge persons confined therein for anv ^''^g, 258, § 2. . "' 1877, 147. cause, or to apprentice or discharge any person committed p.^l.fg'-l^i e under the provisions of the following section, as county Isos; Isl; § ^'. commissioners have over inmates of houses of correction. It shall also have all the powers, not herein given to the superintendent and trustees, which overseers of the poor have relative to town workhouses. Section 30. Upon complaint of one of the overseers vagabonds of the poor of a city or town, or in Boston of the pauper may be com- mitted. 1S66, 1:1s, § 5. institutions trustees, police, district and municipal courts Jg^o'iT'lJ and trial justices may in their discretion commit persons ii. p. S, 88, § 5. 1897, 39.5, § 4. who have been convicted of any of the offences enumerated Im, ul', f 1. in sections forty-six and fifty-five of chapter two hundred and twelve to the state farm.* Section 31. The state board of charity mav cause state board „ '' may deport or any person committed under the provisions of the pre- discharge such ^ -^ J- J- persons. * The provisions of sections 46 and 55 of chapter 212 are as follows : — Section 46. Rogues and vagabonds, persons who use any juggling or unlawful games or plays, common pipers and fiddlers, stubborn children, runaways, common drunkards, common night walkers both male and female, pilferers, lewd, wanton and lascivious persons in speech or behavior, com- mon railers and brawlers, persons who neglect their calling or employment, misspend what they earn and do not provide for themselves or for the sup- port of their families, and all other idle and disorderly persons, including therein those persons who neglect all lawful business and habitually mis- spend their time by frequenting houses of ill fame, gaming houses or tippling shops, may be punished by imprisonment in the Massachusetts reformatory or at the state farm or for not more than six months in the house of correc- tion or workhouse. ... A female offender imder the provisions of this section may ... be punished by imprisonment in the reformatory prison for women. . . . Section 55. If it is alleged in a complaint charging a person with being a common night walker, and is proved at the trial that .such person has been twice before convicted of the same offence, such person may, upon convic- tion, be sentenced to the house of correction, or to the workhouse, if any, in the city or town, for not more than five years. 96 LAWS RELATIVE TO PRISONS. 1869, 258, § 2. 1877, 147. P. S. 88, §6. 1898, US, § 1. Support to be paid by place of settlement, when. 1869, 258, § 3. P. S. 8S, § 7. Penalty for escape. 1866, IDS, § ,">. 1870, 288, § .3. 1880, 2.'i7, § 8. P. S. 88, § 8. 1903, 188. — of inmates not sentenced. 1884, 258, § 1. 1898, 443, § 1. Sentences to state farm. 1S98, 443, § 1. Release on probation. 1862, 189. 1880, 221, § 3. P. S. 220, § 68. 1898, 443, § 2. ceding section, wlio has no legal settlement in this com- monwealth, to be removed to the state or place where he belongs, or whence he came, in accordance with law. A person so removed who returns to this commonwealth be- fore the expiration of his sentence may be re-arrested and returned to the state farm, there to serve out the re- mainder of his sentence. Section" 32. If any person so committed has a legal settlement in a city or town in this commionwealth, such city or town shall pay for his support such amount per week as, having regard for his capacity for labor, may be fixed upon by the state board of charity; but upon written request of the overseers of the poor, the state board shall permit him to be transferred to the work- house of his place of settlement, there to serve out the remainder of his sentence. Section 33. Whoever being sentenced to the state farm escapes or attempts to escape therefrom, or from the custody of the officer while being conveyed to said farm, may be pursued and reclaimed; and shall be punished by aii additional sentence to said farm. Section 34. Whoever, not being a sentenced inmate of the state farm, absconds or escapes therefrom and within one year thereafter is found within any city or town so- liciting public charity shall be punished by imprisonment at the state farm. Section" 3Y. In imposing a sentence of imprisonment at the state farm, the court or trial justice shall not fix or limit the duration thereof. Whoever is sentenced to the state farm for drunkenness may be there held in cus- tody for not more than one year, and whoever is so sentenced for any other offence may be there held in custody for not more than two years, except as provided in section thirty-three. Section 38. If it appears to the state board of charity that a person serving a sentence at the state farm has reformed, it may, upon such conditions as it may deter- LAWS RELATIVE TO PRISONS. 97 mine, issiie to him a permit to be at liberty for the residue of the period for which he might be held, and may revoke it at any time previous to its expiration. Section 39. Upon the revocation of such permit, said Joard^i^ board may issue an order for the return of the holder ordel'retarn thereof to the state farm, which may be served by any pe^mUsT/'"" re J.1 • 1 J. • • T -n- 1 • issue further otncer authorized to serve criminal process. Upon his permits to be return to the state farm, the holder of such permit shall i884, 152, §2. « . '. ^ 189S, 443, § 3. be detained for the residu.e of the term for which he i^''. 216. might be held under the provisions of section thirty-seven and the time between his release on permit and said return shall not be considered as any part of said term ; or, if subsequent to such return it shall ie deemed advisable by said boards the board may issue to such person further permits to be at liberty under the provisions of section thirty-eight, and subject to revocation as therein provided. Section 40. The governor, upon the written recom- special district ^ ^ -^ ^ police oflicers. mendation of the state board of charity, may from time I'JOi. i^^. to time appoint two or more agents of said board as special district police officers, who shall serve without pay, for terms of three years each unless sooner removed and who shall have authority to return prisoners to the state farm, under the provisions of the preceding section. CHAPTEE 85. STATE ASYLUM FOR INSANE CRIMINALS. Section 41. The state asylum for insane criminals Asyiumfor shall be a part of the state farm, and the superintendent ^g^ffgi^j i_ of the state farm, with the approval of the trustees, shall isss. 390, §§ 1, 2. appoint a physician as medical director of said asylum and shall fix his salary. The director shall have the care and custody of the inmates thereof, and govern them in accordance with regulations approved by the trustees. Section 42. The state board of insanity may trans- J^^g^^g^^'^'j-s. fer to and from the state insane hospitals and the asylum ff§p*'l'.^G.^- „ ■■ . 1 322, 528.1 for insane criminals any of the insane male persons men- tioned in section sixteen of chapter two hundred and 98 LAWS RELATIVE TO PRISONS. eighteen, sections twelve, fifteen and sixteen of chapter two hundred and nineteen and sections one hundred and one to one hundred and three, inclusive, of chapter two hundred and twenty-five if such transfer will insure a better classification of insane criminals.* w9™"5fITL'' Section 43. The state board of insanity may trans- 1S98; 433,' § 28. fcr and commit to the asylum for insane criminals any inmate of a state insane hospital, of the Worcester in- sane asylum or of the state farm, committed to said in- * The sections relative to insane criminals committed by courts are as follows : — Chapter 218, section 16. If the grand jury does not indict a person who is held in custody on a charge of crime hy reason of his insanity, they shall so certify to the court, which, if satisfied that he is insane, may order him to he committed to a state insane hospital, under such limitations as it may order ; or, if the court finds that he has been a criminal or has been vicious in his life, it may order him to be committed to the asylum for insane criminals, and if he is charged with felony, his expenses there or in a state insane hospital or in any state charitable institution to which he may be transferred shall be paid by the commonwealth. Acts of 1904, chapter 257, section 1. Chapter two hundred and nineteen of the Revised Laws is hereby amended by striking out sections eleven and twelve and inserting in place thereof the following : — Section 11. If a person under indictment for any crime ix at the time appointed for trial, or at any time prior thereto, found by the court to be insane, or is found by two experts in insanity designated by the court to be in such mental condition that his committal to an insane hospital is necessary for the proper care or for theproper observation of such person, pending the determinati07i of his insanity, the court may cause him to be com.mitted to a state insane hospital for such time and, under such limitations as the court inay order. Chapter 219, section 15. If a person is acquitted by the jury by reason of insanity, the jury shall state that fact to the court, which, if satisfied that he is insane, may order him to be committed to a state insane hospital under such limitations as may seem proper. Chapter 219, section 16. If a person who is indicted for murder or man- slaughter is acquitted by the jury by reason of insanity, the court shall order him to be committed to a state insane hospital during his natural life, and he maybe discharged therefrom by the governor, with the advice and con- sent of the council, when he is satisfied, after a hearing, that such person may be discharged without danger to others. Chapter 219, section 17. An insane male prisoner who is described In sec- tions eleven, twelve, fifteen and sixteen may be committed or removed to the state asylum for insane criminals instead of to a state insane hospital if, in the opinion of the court, he has been a criminal or has been vicious in his life, and if he has been held on a charge of felony, the expense of his sup- port in a state insane hospital or in the asylum for insane criminals or in any state charitable institution to which he may be transferred shall be paid by the commonwealtli. LAWS RELATIVE TO PRISONS. 99 stitutions from the state prison, tlie Massachusetts reform- atory, the jails and houses of correction of the several counties. Seotiow 44. If in the judgment of the trustees and ^niatee"* the superintendent of the state farm any person com- }895;39o;|6: mitted under the provisions of the preceding section ought to be returned to the institution to which he was originally committed, a statement thereof shall he certified upon the mittimus or warrant of commitment and notice shall be given to the master, warden or superintendent of such institution, who shall thereupon cause said person to bo reconveyed to said institution there to remain pursuant to the original sentence computing the time of his de- tention in the asylum for insane criminals as part of the term of his imprisonment. CHAPTEK 87. Section 106. There shall be in each county within county recep- . . tacles, etc., for the precincts of the house of correction, or ii m the insane ■T ' persons. opinion of the county commissioners it cannot be con- }|||;i§q:^^- veniently provided therein, then in some other building p; «: rf; | lu. or buildings, which shall be deemed a part of the house of correction, a convenient apartment or receptacle for the confinement of insane persons who are not furiously mad.* Sectio:?^ 107. An insane person who is confined by Removal of m. . , sane persons legal authority in a jail, house of correction or such confined in county receptacle may, by order of the governor, be re- }|8;J3,§3. moved therefrom to any of the state insane hospitals, or j^.gf/.J^^I'e. to ajiy other jail, house of correction or other suitable i'-s-^'.§6o- place, if it appears to him that such removal would be expedient and just; and the sheriff of the county in which such person is confined shall execute such order and con- vey the insane person to the place therein designated. * This provision is obsolete. The last county receptacle for the insane was closed in 1887. 100 LAWS RELATIVE TO PRISONS. Jailers, etc., not to conti-act tor support of insane paupers. 1832, 163, § 7. 1834, 150, § 8. B. S. 48, § 12. G. S.74, §10. P. S. 87, §62. List of police to prison coui- missioners. 1892, 290. Sectiokt 108. The keeper of a jail, house of correc- tion or county receptacle shall not contract for support- ing within the county buildings any insane town pauper, without first obtaining the approval in writing of the county commissioners. Whoever violates the provisions of this section shall forfeit not less than one hundred dollars. CHAPTEK 108. LIST OF POLICE OFFICERS, ETC. Sectioh" 38. The clerk of each city or town in which a chief of police or city marshal is appointed, shall, within one week after siich appointment, notify the prison com- missioners of the name of the person so appointed; and the clerk of each town not having a chief of police shall annually, on the first day of October, send to the prison commissioners the names of all the police officers and constables in such town. If he neglects or refuses so to do, he shall be liable to a penalty of fifty dollars. Examination of debtor if in prison . 1838, 163, § 9. G. S. 118, § 67. P. S. 167, § 71. — if ill or un- able to attend. 1838, 163, § 9. G. S. 118, § 68. P. S. 157, § 72. CHAPTEE 163. DISCHARGE OF INSOLVENT DEBTOR. Section' S3. If the debtor is in jail on an action or proceeding for or on account of a debt or claim provable against his estate, at any time before the granting of his certificate and if his attendance is required before the court or the assignee, or at a meeting of his creditors, the judge may, by a writ, require the jailer to produce the debtor for said purposes, at a time and place specified in the writ. SErTio?f 84. If the debtor, by reason of imprison- ment, illness, or other sufficient cause, is unable to attend before the court or the assignee or at a meeting of his creditors, the court or a person appointed by it and the assignee, or a person appointed by him, shall conduct the examination of the debtor in jail or elsewhere, if he is within this commonwealth. LAWS RELATIVE TO PRISONS. IQl Sectiok 94. If the debtor at the time of obtaining Discharge his certificate is in jail on an action or proceeding for nS.™^''"'"'- or on account of a claim provable against his estate, he g'I.ITs'.VtV. shall be discharged from such imprisonment, upon pro- iBOMJel'lil: ducing to the jailer his certificate granted under the provisions of this chapter. CHAPTER 168. DISCHARGE FROM ARREST. Section 29. \Yhen arrested on mesne process, the de- Time allowed fendant shall be allowed a reasonable time to procure bail, ball'Sr and when arrested on such process, or on execution, he ^s.al'.lll'.l. shall be allowed reasonable time to procure sureties for wo'si il' § 12. his recognizance hereinafter mentioned. When arrested l?U^^'^^^' - t* t (jr. S. 124, § 9, on mesne process, if he does not give bail, and when F.'l.'illHv arrested on execution in any case, he shall be taken be- isk'Ss'f/s.e. fore a police, district or municipal court, or a trial jus- looSfsoo. tice, or if he wishes to recognize, he may be taken before wi Jtasl: 307.' a master in chancery. If the arrest is made when the court is not sitting and the defendant or debtor does not desire to give bail or to recognize, the officer making the arrest may deliver the defendant or debtor to the keeper of the jail, to be detained in said jail until the next sit- ting of the court for the transaction of business, when he shall be delivered to said officer to be taken before the court. The officer making the arrest shall pay in advance to the keeper of the jail, for the support of the defendant or debtor, twenty-five cents for each days' detention, which shall be charged with the expenses of serving the writ or execution. Sectioi^ 39. If the defendant or debtor desires to Defemiant not take an oath and to have a time fixed for his examination, may^belm? but does not recognize to the satisfaction of the magis- issg, 4i5,'§ 4. trate as provided in the preceding section,* the magistrate * Section 38 provides-for a recognizance with surety or sureties in a sum not less than the amount of the execution. 102 LAWS RELATIVE TO PRISONS. Support in jail. C. L. 6, §3; 128, § 2. 1706-7, 2. 1S19, 94, § 3. 1821, 22, §§ 1, 2. E. S. 90, §§ 113, 114; 97, §§ 48- 18.-)7, 141, § 25. G. S. 124, 5 27. P. S. 11)2, § 45. 16 Gray, 166. 168 Mass. 376. Property liable for support. E. S. 97, § 60. G. S. 124, § 30. P. S. 162, § 48. may make a certificate thereof, which shall be attached to the writ or execution, and the defendant or debtor shall be committed to jail until the next sitting of the court for the transaction of business or until the time fixed for his examination, when he shall be delivered by the jailer to the officer who makes the arrest, to be by him taken before the magistrate. CHAPTER 168. SUPPORT OF POOR DEBTOR. Section 49. If the defendant or debtor confined in jail on mesne process or execution in a civil action claims support as a pauper, the jailer shall furnish his support at the rate of one dollar and seventy-five cents a week, to be paid by the plaintiff or creditor, who in such case shall, if required by the jailer, either from time to time advance the money necessary for the support of the pris- oner or give the jailer satisfactory security therefor. If the plaintiff or creditor neglects so to do for twenty-four hours after demand, the jailer shall discharge the pris- oner. Such demand may be made of the officer who made the commitment or of the plaintiff or creditor or his at- torney at any time after the prisoner has claimed such support. Section" 51. If the debtor undertakes to satisfy the execution, he shall not be entitled to be discharged until he has paid all charges for his support in jail, both upon the arrest on the original writ and upon the commitment on execution, in addition to the amount due on the execu- tion and the costs and charges thereon. Discharge of debtors of common- wealth. 1855, 276, §5 1, 2. G. S. 124, §35. P. S. 1B2, § 63. CHAPTER 168. DISCHARGE OF DEBTORS OF THE COMMONWEALTH. Section 56. If a debtor committed to prison on a warrant of distress in favor of the commonwealth is un- able to pay the debt for which he is imprisoned, he shall be entitled to his discharge in like manner as poor debtors LAWS RELATIVE TO PRISONS, 103 arrested on execution; and all the proceedings shall con- form as nearly as may be to the provisions of law relative to snch debtors, except as hereinafter provided. Section 57. If he represents to the jailer that he same subject, desires to take the oath for the relief of poor debtors, G^s.m.lle.^' the jailer shall make the same known to a police, district iss8,'4i9,'§io.' . . , . -, . 7Cueh. 536. or municipal court, or a trial justice. The magistrate shall thereupon appoint a time and place for the examina- tion of the debtor, and shall notify the district attorney for the district by a notice, which shall be served on him personally by an attested copy thereof or by leaving the same at his usual place of abode, thirty days at least before the time appointed for the examination. CHAPTEE 168. JUDGMENT DEBTORS IMPRISONED OR ON BAIL. Sectiow 60. A person imprisoned in a civil action Discharge when final iudgment in such action is rendered against judgment. . . r 1S37, 19S, § 1. him shall be discharged, upon giving to the creditor a Sf-J^I'llg' bond with sufficient surety or sureties to be approved by a magistrate named in section one"" in a sum not less than double the amount of the judgment and conditioned that he shall surrender himself at the same jail to the jailer, between the hours of eight and ten o'clock of the fore- noon of the thirtieth day next after the rendition of said judgment, or if said day falls on Sunday, on the next following day, which day shall be specified in the bond, and there remain until five o'clock of the afternoon of the same day, so that he may be taken on the execution on said judgment. Section 61. If an execution on such judgment amount- ^^j,<'™|'^S ing to twenty dollars exclusive of costs, and upon which 5:'t°3°''9s",T3. so much as that amount remains uncollected, is delivered oi's. 124, § 41. .,, ,, PPT ., p.s. 162, §59. to an officer qualified to serve it, with the affidavit re- quired for the arrest of a debtor on execution, such officer * A justice of a police, district or municipal court, a master in clianoery, a trial justice, or, except in the county of Suffolk, a justice of the peace. 104 LAWS RELATIVE TO PRISONS. Same subject. 1837, 198, §§ 3, 4. G. S. 124, § 42. P. S. 162, § 60. Bond by per- son surren- dered by bail after final judgment. 1837, 198, § 5. G. S. 124, § 43. P. S. 162, § 61. Debtor may be committed within thirty days after judgment. 1837, 198, § 6. G. S. 124, § 44. P. S. 162, § 62. may, within thirty days after the rendition of the judg- ment on which such execution is issued, leave it or a copy thereof with the jailer; and the debtor shall, upon the surrender of himself as provided in said bond, be com- mitted upon the execution in like manner as if he had been taken and committed thereon by the officer to whom it was delivered. The officer shall make return in like manner and be entitled to the same fees as if the execu- tion had been served in the common form. Sectioh" 62. The jailer shall, immediately after the expiration of said thirty days, certify upon the execution or copy so left with him the fact that such debtor has or has not surrendered himself, and shall give a similar certificate to the officer, upon request, which shall be an- nexed to his return on the execution; and such certificate shall be sufficient authority to the officer to make his return accordingly. Such return, with the certificate an- nexed thereto, shall be prima facie evidence of the fact on the question of breach of condition of the bond and in other cases. A jailer who gives a false certificate, shall be liable in damages to any pel-son injured thereby. Sectiow 63. If a person who has given bail on mesne process in a civil action is surrendered by his bail after final judgment in such action, he shall be released upon giving to the creditor a bond as provided in section sixty, except that the condition thereof shall l)e for his sur- render at the same jail on the thirtieth day next after the surrender by his bail. The day on which the same will fall, and, if there is more than one jail in the same county, the jail at which the surrender is to be made, shall be specified in the condition of the bond. All the other pro- visions relative to the bond which are mentioned in section sixty shall apply to such bond. Sectioh- 04. The provisions of the four preceding sections shall not prevent an officer from taking the debtor and committing him to jail on such execution within thirty days after the rendition of judgment or surrender LAWS RELATIVE TO PRISONS. 105 by the bail as he might have done if such bond had not been given; and such commitment of the debtor shall be equivalent to his surrender according to the condition of his bond, and shall discharge it. Section- 67. If a prisoner who has been arrested or Remedy for an committed on execution in a civil action escapes with the imiTsi. consent or by the negligence of the officer, the creditor ?2.®'®^' ^^^^' I- , . ■, ^ G. S. 124, 5 47. may m an action of tort against the officer recover such p-s.i62, §66. damages as he has suffered by the escape, and may also ^^SS:^?' have against the original debtor a scire facias or an action «^"™'-«°- on the judgment. Sectiow TY. The fees of the jailer under the pro- Fees of jaiier. visions of sections sixtv-one and sixtv-two, shall be as fol- u^s'. im.Vso. lows: on a surrender of a debtor, fifty cents; and for a certificate thereof or of the non-surrender of the debtor, twenty-five cents, which shall be paid by the officer, and charged with the expenses of serving the execution. In other cases where a certificate is required, the jailer shall be entitled to a fee of twenty-five cents, which shall be paid by the party requiring the same. CHAPTEE 169. CUSTODY OF PERSON SURRENDERED BY BAIL. Section 14. The jailer shall not be obliged to receive proceedings. a person so surrendered, unless the bail delivers to him g. s! ii.H, § le. a copy of the bail bond attested by the officer who took it or by the clerk in whose custody it may be, which shall be a sufficient warrant for the jailer. CHAPTEE 169. SUPPORT OF PRINCIPAL. Section 23. If a principal, surrendered by his bail \\$^^°^ and committed to jail, claims support as a pauper, the e.^s'.97!'§64. jailer may require the plaintiff or his attorney in the p.'s.'ies,'!!: action to give security or to advance the money for the support of the defendant in like manner as if the com- mitment had been made by an officer. If the plaintiff 106 LAWS KELATIVE TO PRISONS. Liability of bail. IS-'i, 124. R. S. 97, § 55. G. S, 125, ? 29. P. S. 163, I 29. — after sur- render. 1824, 124. E. S. 97, §§ 56, 57. G. S. 125, §§ 30, 31. P. .S. 163, §§ 30, 31. fails SO to do for twenty-four hours after being so re- quired, the jailer may discharge the defendant. Section 24. The jailer may, at the time of the sur- render, demand of the bail the advance of money for the support of the principal, or security therefor, instead of demanding the same of the plaintiff; and if the bail, for twenty-four hours after such demand, fail to give such security or to advance the money for the support of the principal, the jailer may discharge him; and the bail and the principal shall thereupon continue liable to the plain- tiff in all respects as if the surrender had not been made. Section 25. If such demand is made upon the bail, they shall be liable for the support of the principal for seven days after they have given notice of the surrender to the plaintiff or to his attorney in the action. The plain- tiff shall be liable for the support of the defendant after the expiration of said seven days; and if he fails to advance the money or to give security therefor as before provided, at or before the expiration of said time, the jailer may discharge the defendant. CHAPTEE 176. PRISON OFFICERS EXEMPT FROM JURY DUTV. Section 1. A person qualified to vote for representa- tives to the general court shall be liable to serve as a juror, except that the following persons shall be exempt: . . . superintendents, officers and assistants employed in or about a state hospital, insane hospital, jail, house of cor- p. s.i7o,§§i,2. rection, state industrial school or state prison; . . . Qualifications and exemp tions. C.L. 55, §2; 148, § 4; 352. 1784, 7, §5 2, 9. 1785, 42, § 4. 1802, 92, § 1. 1807, 140, § 1. 1808, 2,1. G. S. 132, §§1,2, Advances prior to ser- vice of writ. 1784, 72, § 3. K. S. Ill, § 12. G. S. 144, § 10. P. S. 185, § 10. CHAPTEE 191. AS TO WRIT OF HABEAS CORPUS. Section 9. If the person restrained is confined in jail or is in the custody of a civil officer, the court or magistrate granting the writ shall certify thereon the amount to be paid for the expense of transporting him from the place of imprisonment, and the officer shall not LAWS RELATIVE TO PRISONS. 107 be bound to obey tbe writ unless that amount is paid or^ tendered to him. Segtiow 10. Any person to whom the writ is directed nll^^.fs"'"' shall receive it, and, iipon payment or tender of the SiIImJu: charges demandable for the execution of it, shall make ^'■®-'^^'5"- diie return thereof within five days after receiving it. Section 11. The person in whose custody the pris- contents of oner is found shall state in writing, plainly and un- E.s!iii, §§i4, equivocally, to the court or justice before whom the writ g.' s. 144, §§ 12, is returnable : — p- s- ise, §§ 12, First, Whether the prisoner is in his custody or power or under his restraint. Second, If the prisoner is in his custody or power or under his restraint, his specific authority for and the true and whole cause of such imprisonment or restraint, with a copy of the writ, warrant or other process, if any, upon which the prisoner is detained. Third, If the prisoner has been in his custody or power or under his restraint, and has been transferred to that of another, particularly to whom, when, why and by what authority such transfer was made. The statement shall be signed by him and, unless he is a sworn public ofiicer and makes the statement in his official capacity, shall be sworn to by him. Sectiok" 26. An officer who refuses or neglects for Penalty on officer refusing six hours to deliver a true copy of the warrant or process copy of war- „ by which he detains a prisoner to any person who de- r^^'. n'l^ §27'. ^ mands such copy and tenders the fees therefor shall for- p.' |; IM; j la feit two hundred dollars 'to such prisoner. Sectiow 30. "Whoever refuses or neglects to receive -for refusing ° 1 *° obey writ. and execute a writ of habeas corpus shall forfeit four hun- i^flff^'j^Jg^ dred dollars to the party aggrieved thereby. ?: I' Jst' III' OHAPTEE 191. PERSONAL LIBERTY. Section 48. ISTo person shall be deprived of his lib- l^^^^ow'^' erty or held in custody by any person or m any place ism, bsg, § 1. • < 108 LAWS RELATIVE TO PRISONS. Salaried officers not to be paid fees, except, etc. 1862, 216, §§ 10, 16. 1876, 215; 227, §4. P. S. 199, §§ 34, 35. 1889, 469. 1890, 440, §§ 1, 9, 12. 1891, 325, § 1. [1 Op. A. G. 594, 603.] Fees and expenses of certain officers. 1890, 440, § 6. Compensation of officers for attending superior court in criminal cases. 1890, 440, § 7. against his will or, if he is a minor, against the will of his parents, guardian or other person entitled to his cus- tody, except by due process of law; but the provisions of this section shall not apply to persons who have been legally convicted of crime and are serving sentence there- for. CHAPTEE 204. FEES OP SALARIED OFFICIALS. Sectiow 42. jSTo officer in attendance on any court, sheriff, deputy sheriff, jailer, constable, city marshal or other police officer who receives a salary or an allowance by the day or hour from the commonwealth or from a county, city or town shall, except as otherwise hereinafter provided, be paid any fee or extra compensation for offi- cial services performed liy him in any criminal case ; or for aid rendered to another officer ; or for testifying as a "witness in a criminal ease during the time for which he receives such salary or allowance ; or for services or as a witness at an autopsy or inquest ; or in proceedings for commitment of insane persons ; but his expenses, neces- sarily and actually incurred, and actually disbursed by him in a criminal case tried in the superior court, shall be paid by the county in which the trial is held, and in a criminal case tried in a police, district or municipal court or before a trial justice, by the city or town in which the crime was committed. Whoever receives extra compensa- tion or a witness fee in violation of the provisions of this section shall be punished by a fine of not more than one hundred dollars. Section- 44. Any officer named in section forty-two who attends as a witness at a place other than his resi- dence, shall, instead of his expenses, be allowed by the day the witness fee in the court or before the trial justice where he testifies. . . . Sectioiv^ 45. A deputy sheriff or other officer attend- ing the superior court for criminal business, who serves any subpoena or capias between the daily sessions of said LAWS RELATIVE TO PRISONS. 109 court, may receive siicli extra compensation as the dis- trict attornev may allow. The ofEcers shall make return, under oath, of the time actually occupied and of all ex- penses actually incurred and paid in performing such extra service. Section 48. If it appears on oath that a salaried Sowed^ officer of the commonvsrealth has attended court as a wit- Sfairia. ness in behalf of the commonwealth, at a place other than " ''' ^^^' ^ ^'' his residence, and that his necessary expenses have been increased by such attendance, the court or trial justice may allow such increased necessary expenses, not exceed- ing one dollar and fifty cents a day in all, for such actual and necessary attendance. CHAPTEE 208. TRESPASS UPON PRISON PREMISES. Sectios 112. Whoever wilfully trespasses upon land totspassfng which belongs to the commonwealth and is appurtenant rartain insS- to the state prison, Massachusetts reformatory, reforma- tory prison for women, state hospital, state farm, Massa- chusetts hospital for epileptics, F oxhorough state hospital, or any public institution for the care of insane, feeble- minded or epileptic persons, or upon land which belongs to any county and is appurtenant to a jail or house of correction, or, after notice from an officer of any of said institutions to leave said land, remains thereon, shall be punished by imprisonment for not more than three months or by a fine of not more than fifty dollars. CHAPTEE 208. INJURY OF PROPERTY BY PRISONERS. Section 119. If a convict in the state prison wil- ^?i'^';^.tyat fully and maliciously destroys or injures the property of ?|9i%''™°°' the commonwealth at such prison or the property of any person who furnishes materials for the employment of the prisoners, he may be punished by imprisonment in the state prison for not more than three years; or if he is tutions. 1886, 303. 1905, 434. 110 LAWS RELATIVE TO PRISONS. Penalty for injury of property at prisons. 1896, 344. 1905, 241. serving a sentence of imprisonment for life, he may be punished by imprisonment at solitary labor for not more than one year or by solitary imprisonment for not more than five days, or by both, and such punishment shall be inflicted at such time as the court orders. Section- 120. // a prisoner at the Massachusetts re- formatory, the reformatory prison for women, the state farm,, the temporary industrial camp for prisoners, or any jail or house of correction, wilfully and maliciously in- jures or destroys any public property or any materials furnished for the employment of prisoners in any of said institutions, he may he punished by imprisonment for not less than six months nor more than three years. Taking com- mission, eto.., by public officer. 1862,101, §§1,2. P. S. 20n, § 11. 1893, 271, § 1. — by member of legislature, city council, etc. 1872, 274. lS7.i, 232. P. S. 20.5, § 12. [1 Op. A. G. 502.] CHAPTEE 210. TAKING COMMISSION BY PUBLIC OFFICER, ETC. Section 8. An oflicer or agent of, or a person em- ployed by, the commonwealth, or by a county, city, town or by any public institution not mentioned in section eleven who, being authorized to procure materials, sup- plies or other articles either by purchase or contract, or to employ service or labor, receives, directly or indirectly, for himself or for another, a commission, discount, bonus, present or reward from the person who makes such con- tract, furnishes such materials, supplies or other articles, or from a person who renders service or labor under such contract, or a person who gives or offers such commission, discoimt, bonus, present or reward, shall be punished by a fine of not less than ten nor more than five hundred dollars or by such fine and imprisonment for not more than one year. Section 9. A member of the general court, or of the executive council, or of a state commission, who is per- sonally interested, directly or indirectly, in a contract made by the general court or by either branch thereof or by such commission or by its authority, in which the com- monwealth is an interested party; or a person who alone LAWS RELATIVE TO PRISONS. Ill or with others represents the commonwealth in making such contract who is so interested; or such member or person who receives a commission, discount, bonus, pres- ent or reward from a person or persons making or per- forming such contract; or a member of either branch of a city council or of a municipal board of a city who is personally interested, directly or indirectly, in a contract made by the city council or by either branch thereof or by such board or by authority derived therefrom, in which the city is an interested party; or a person who alone or with others represents a city in making such contract who is so interested; or such member or person who, directly or indirectly, for himself or for another receives a commission, discount, bonus, present or reward from any person or persons making or performing such con- tract, shall be punished by a fine of not less than fifty nor more than one thousand dollars, or by such fine and by imprisonment for not &.ore than one year. Section 11. An officer who is connected with a prison, Bribery of . . T 1 • 1 1 officer of pub- house of correction, insane asylum or hospital or other uo charitable ^ ^ J- Institution, etc. public charitable institution who is personally interested, 1872, 2s|. ^^ directly or indirectly, in a contract, purchase or sale made on account of such institution, or who corruptly accepts a bribe, present or gratuity from any person interested in such contract or a person who is interested, directly or indirectly, in a contract connected with any such institu- tion who corruptly gives, offers or promises to an ofiicer of such institution a bribe, gift or gratuity, shall be pun- ished by imprisonment in the state prison for not more than three years or by a fine of not more than one thou- sand dollars or by imprisonment in jail for not more than two years or by both such fine and imprisonment in jail. CHAPTEE 210. OP ESCAPES, ETC. Sectioh 14. Whoever conveys into the state prison. Aiding escape the Massachusetts reformatory or reformatory prison for ^n°ci^res«™'°g 112 LAWS RELATIVE TO PEISONS. C. L. 127, § 4. 1700-1, 2, §§3,4. 1784, 41, § 2. 1805,113, §§ 6,8. 1811, 32, § 8. lS-27, 118, § 24. E. S. 128, §12; 144, § 41. G. S. 163, §11; 179, § 57. P. S. 206, § 16; 221, § 40. 119 Mass. 847. Escape from state prison. 1805, 113, §§ 9, 10. 1811, 32, §§9,10. 1827, 118, §§ 11, 12. E. S. 144, §§ 37, 38. G. S. 179, §§ 53, 54. 1873, 73, § 1. P. S. 221, §§ 86, 37. 5 Allen, 131. 101 Mass. 223. — from prison for women. 1885, 94, §§ 2, 3. women or into a jail, house of correction, house of ref- ormation or like place of confinement, a disguise, instru- ment, tool, weapon or other thing which is adapted or useful to aid a prisoner in making his escape, with intent to aid the escape of a prisoner, or whoever, hy any means, aids or assists such prisoner in an attempt to escape there- from, whether such escape is effected or attempted or not, and whoever forcibly or fraudulently rescues or attempts to rescue a prisoner who is held in custody upon a con- viction or charge of crime, shall, if the person whose escape or rescue was effected or intended is a convict un- der sentence in the state prison, be punished by impris- onment in the state prison for not more than ten years or by a fine of not more than five hundred dollars; but if he is a convict under sentence in any other of said institutions, by imprisonment in the state prison for not more than seven years, and if he is charged with a mis- demeanor, then by imprisonment in jail for not more than two years or by a fine of not more than five hundred dollars. Section" 15. A convict who escapes from the state prison, or who attempts by violence to escape, or who assaults the warden or other officer or person employed in the prison, shall, in addition to his former sentence, if he is under sentence for a term of years, be punished by imprisonment in said prison for not more than ten years and by solitary imprisonment for not more than 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 orders ; and, if he is under sentence of imprisonment for life, by solitary imprisonment for not more than one year, to be executed at such time or times as the court orders. Section 16. A convict in the reformatory prison for women who escapes or attempts to escape therefrom or who, while being taken therefrom for any purpose, es- capes or attempts to escape from the land appurtenant LAWS RELATIVE TO PEISONS. 113 thereto shall be punished by imprisonment in said prison or in the house of correction in the county of Middlesex for not more than two years. The first district court of southern Middlesex shall have jurisdiction concurrent ■with the superior court of violations of the provisions of this section. Section 17. Whoever, being lawfully imprisoned in other escapes. a penal institution, except the state prison, the state farm wlf, i?!, | u. 1? ^ 111'-' fsS AQ or the reformatory prison for women, breaks therefrom ei- ' "' ' ' and escapes, or breaks therefrom with intent to escape, 'filJI'l^- or by force or violence attempts to escape therefrom, shall 1x11:111: be punished by imprisonment in the state prison for not I33 Mass: 399. more than five years or in the jail or house of correction for not more than three years or by a fine of not more than one thousand dollars. Section 18. Whoever, being imprisoned in a penal S,S'outIide° institution, except the state prison, is taken outside of is82!'i»8"°^' such institution by an officer thereof for the purpose of performing labor on any public land or building belong- ing to the commonwealth or to the county, city or tovm in which such institution is located, escapes or attempts to escape from the custody of such officer shall be deemed to have escaped from such institution and shall be pun- ished by imprisonment for not more than six months. Section 19. Whoever gives, sells or delivers spirit- uqjjoj-^'^"" uous or intoxicating liquor to a person who is confined rs"!™!*!, § 21- in any prison or other place of confinement, or to a per- is'si.'ss. ' son who is in the custody of a sheriff, constable, police p.' s.' 222,' §2.' officer, warden of a prison, or other master or keeper of a place of confinement, or has in his possession, within the precincts of any prison or other place of confinement, any such liquor, with intent to convey or deliver it to any person who is confined therein, unless under the direc- tion of the physician appointed to attend such prisoner, shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than two months. Who- Penalty for ever gives or delivers to a prisoner in the state farm, in to prisoners 114 LAWS RELATIVE TO PRISONS. without per- mission. 1905, 258. the teiii'porary industrial camp for prisoners , or in any jail or house of correction, any drug or article or thing whatever, or has in his possession tuithin the precincts of any prison herein named with intent to give or to deliver to any prisoner any such drug or article or thing without the permission of the superintendent, master or Tceeper, as the case may he, shall be punished by a fine of not more than fifty dollars or by imprisonment in a jail or hou^e of correction for not more than tiuo months. fo^%^^^?ff: Sectioi^ 20. A sheriff, nailer, master of a house of isst^iti'.lllb*' correction or other officer or under keeper of a prison E.'s.i43 §§36 who, imder any pretence, gives, sells or delivers or know- G.' s. 178, §§ 42, ingly permits to be given, sold or delivered to a prisoner p. s. 220, §§47, in his custody who has been committed to jail for debt and is there supported at the expense of the creditor, or to a prisoner who is detained upon a conviction or charge of crime, any spirituous liquor or mixed liquor a part of which is spirituous, or wine, cider or strong beer, unless the physician of the prison certifies in writing that the health of the prisoner requires it; or such sheriff, jailer, master of a house of correction or other officer or iinder keeper of a prison who willingly or negligently suffers such prisoner to have or drinli any spirituous, fermented or other strong or mixed liquor or who places or keeps together prisoners in his custody of different sexes or classes, contrary to the provisions of section seventeen of chapter two hundred and twenty-five, shall forfeit twenty- five dollars for the first offence and fifty dollars for any subsequent offence which is committed after the first con- viction, and, upon such second conviction, shall be fur- ther sentenced to be removed from office, and to be in- capable of holding the office of sheriff, deputy sheriff, jailer, master or keeper of any prison for five years there- after. If the physician certifies that the health of the prisoner requires such liquor, the prisoner shall be al- lowed the quantity prescribed and no more. LAWS RELATIVE TO PRISONS. 115 Section- 21. Whoever aids or assists a prisoner in Aiding escape , , , . , (, r^ from an officer. escaping or attemptmg to escape from an officer or per- i8ii,32,§8. 11,,?-, , ^ 18-27, 118, § 24. son who has the lawful custody of such prisoner shall S- §. i28, § i,?. . , ^ t>. S. 16d, § 12. be punished by imprisonment for not more than two years ngMisa'.lgi.' or by a fine of not more than fire hundred dollars. Section 22. Whoever wilfully disturbs the state prison, Disturbance the Massacliiisetts reformatory, the reforlnator^■ prison for institutions. . ■' . ' ^ 1886, 303. women, or a jail or house of correction, or in any maimer seeks to attract the attention of, or without the permis- sion of the officer in charge has communication with, an inmate thereof shall be punished by imprisonment for not more than three months or by a fine of not more than fifty dollars. Sectiox 23. Whoever delivers or procures to be de- illicit convey. . , . . • 1 ■ 11- ance of articles livered, or has m his possession with intent to deliver, to or from ^ ■*- reformatory. to a convict confined in the state prison, the Massachusetts i^»'J. ^f 'j^/- reformatory or the refonnatory prison for women, or who- ^i^[\^l\f,' ever deposits or conceals in or about the prison or re- i878,']33. _,-,.,, ,1 1879, 294, § 34. formatories or the dependencies thereof, or upon any iancL p.s.221, §4i. appurtenant thereto, or in any boat, carriage or other vehicle going into the premises belonging to the prison or reformatories, any article or thing, with intent that a convict shall obtain or receive it, and whoever receives from a convict any article or thing with intent to convey it out of the prison or reformatorj', contrary to the rules and regulations thereof, and without the knowledge and permission of the board of prison commissioners, of the warden of the state prison or the superintendents of said reformatories, respectively, shall be punished by impris- onment in the state prison or jail for not more than three years or bv a fine of not more than five hundred dollars. Section 25. A iailer or other officer who, except as voluntary " "" J .-, ™ escape. provided in the following section, voluntarily suffers a y^^^-^^l^^\^- prisoner in his custody upon conviction or upon a charge g;|;i|||iJ- of crime to escape shall suffer the punishment and penal- p- »■ 205, § 1.. ties to which the prisoner whom he suffered to escape 116 LAWS RELATIVE TO PRISONS. Escape from state prison. 1805, 113, § 6. 18-27, 118, § 22. B. S. 144, § 39. G. S. 179, § 55. P. S. 221, § 38. Negligent escape, and refusal to receive a prisoner. C. L. 128, § 2. 1700-1, 2, § 7. 1784, 41, § 3. R. S. 128, § 16. G. S. 163, § 14. P. S. 206, § 19. Leaving pris- oner atlarge. 1805, 113, § 7. 1811, 32, § 7- 1827, 118, § 23. G. S. 179, § 56. P. S. 221, § 39. was sentenced or would be liable to suffer upon convic- tion of the crime wherewith he stood charged. Section 26. An officer or other person, who, being- employed in the state prison, voluntarily suffers a con- vict confined therein to escape, or in any way consents to such escape, shall be punished by imprisonment in said prison for not more than twenty years. Section 27. A jailer or other officer who, through negligence, suffers a prisoner in his custody upon convic- tion or upon a charge of crime to escape, or wilfully refuses to receive into his custody a prisoner lawfully directed to be committed thereto upon conviction, upon a charge of crime, or upon a lawful process, shall be punished by imprisonment for not more than two years or by a fine of not more than five hundred dollars. Sectioit 38. An officer or person who, being employed in the state prison, suffers a convict under sentence of solitary imprisonment to be at large or out of the cell assigned to him, or suffers any convict who is 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, con- trary to the regTilations of the prison, shall be punished by a fine of not more than five hundred dollars. Otllcer taking bribe for neglecting his duty. E. S. 128, § 22. G. S. 163, § 21. P. S. 206, § 28. CHAPTER 210. DELAY OF PROCESS. Section 38. A sheriff, constable or other officer who, being authorized to serve legal process, receives from a defendant or from any other person any money or other valuable thing as a consideration, reward or inducement for omitting or delaying to arrest a defendant, or to carry him before a magistrate, or for delaying to take a per- son to prison, or for postponing the sale of property under an execution, or for omitting or delaying to perform any duty appertaining to his office, shall be punished by a fine of not more tlian three hundred dollars or by im- prisonment for not more than three months. LAWS RELATIVE TO PKISONS. 117 CHAPTEE 212. OF PROBATION FOR DRUNKEKNESS. Sectiokt 3T. Whoever arrests a person for drunken- Persons ness shall make a complaint against him therefor at the amntlnness next session of the court or of the trial lustice having leased m cer- jiirisdtction of the case; and such court or trial justice is»5,384, §i. may proceed to hear and to dispose of the same according to due course of law; and may, if the accused has been released under the provisions of this section, order the is- suance of a warrant for the arrest, or a summons for the appearance, of the accused for trial, or if the court is satisfied hy the report of its probation officer, or other- u'ise, or if the trial justice is satisfied upon inquiry that the accused has not twice before been arrested for drunk- enness ivithin a year, and that his statement in writing liereinafter mentioned is true, the court or trial justice may thereupon direct that the accused, if still in custody, be released without arraignment ; and if not in custody, that further proceedings in the case be suspended or that the complaint be dismissed. A person so arrested may, after he has recovered from persons so -,.... _ . .. __ - arrested may nis intoxication, make a statement in writing, addressed makeastate- ment in ^mt- to the court or trial justice having jurisdiction of his [ngandrequest •' ^ ■' ' to be released offence, giving his name and address, setting forth what i™m custody, persons, if any, are dependent upon him for support, his place of employment, if any, and whether he has been arrested for drunkenness within the twelve months next preceding, and requesting to be released from custody; and may deliver said statement to the officer in charge of the place in ivhich he is confined, who shall indorse thereon the name of the arresting officer, and if the arrest is made within the jurisdiction of a trial justice, his opinion of the probable truth of said statement for the use of such trial justice, and shall transmit the same to such trial justice; and if the arrest is made ivithin the jurisdiction of a court having a probation officer, the officer in charge of the 1905, 384, §1. 118 LAWS RELATIVE TO PRISONS. Proviso. Person 6 aiTested for drunkenness to be informed of their right to make state- ment, etc. 1905, 384, § 2. Record of per- sons released. 1891, 427, § i. place in ivhich he is confined shall transmit such statement to said probation officer. Said pi-ohation officer, or his assistants, shall forthwith inquire into the truth thereof and shall investigate the record of said person as to pre- vious similar offences, and, for the use of the court having jurisdiction of the case, shall indorse on such statement, with his signature, the result of his investigation. The officer for the time being in charge of the place of custody in a toivn where no probation officer resides forthwith may release, and elsewhere the probation officer or assist- ant probation officer of the court having jurisdiction of the offence may direct the officer in charge of the place of custody forthiuith to release, and such officer so in charge shall thereupon release, such arrested person pur- suant to his request: provided, that the officer so releas- ing or directing the release believes that the person ar- rested has given his true name and address, that he ivill appear upon a sutnmons, and that he has not twice before been arrested for drunTcenness within the preceding twelve months. The officei- in charge of the place of custody in which a person arrested for drunkenness is confined shall inform him, ivhen he has recovered from his intoxication, of his right to mal:e a statement in irriting and recjuest for re- lease as aforesaid, and an officei- making an arrest under the authority of the p'eceding section* shall not be liable for illegal arrest or imprisonment, if the person arrested is released at his request as herein provided. Section 3S. A full record shall be kept by everv court or trial justice of each case in which a person is released, as aforesaid, with the statement made by him. If a person is so released by any municipal court in * Section 36 of chapter 212 reads: "Whoever is louud in a state of intoxi- cation in a public place or is found in any place in a state of intoxication committing a breach of the peace or disturbing others by noise, may be arrested without a warrant by a sheriff, deputy sheriff, constable, watchman or police officer, and kept in custody in a suitable place until he has re- covered from his intoxication. LAWS RELATIVE TO PRISONS. HQ Boston, or within their jurisdiction, a certified copy of said statement and the name of the officer making the arrest shall be sent by such conrt to the clerk of the miinicipal court of the city of Boston for criminal busi- ness. Sectiokt 39. If a male is convicted of drunkenness Punishment of by the vokmtary use of intoxicating liquor, he may be c.Tmjr pimished by imprisonment in jail or in any place pro- wpts.'^'^^' vided by law for common drunkards for not anore than ?„■ J- J3o,'§ is. _ . 1860, 166. one year; or by imprisonment in the Massachusetts re- Sef.'if ' ^ ^®- formatory, as provided in section twenty-nine of chapter }fu;ii;§i. two hundred and twenty. If a female is so convicted, she 24?!'/l'^^^'^' T, ■ 1 1 1 • • . . 1881, 276. may be punished by imprisonment m ]ail or in any place p-s.207 §§ 26- provided by law for common drunlcards for not more than isss.ses, §2; one year or in the reformatory prison for women [for Isi;!;?:^^- not more than two years].* If the person so convicted m2; .tos! ^ '^^ shall satisfy the court or trial justice, by his own state- iie Mtfss. 340. , ii • _,! , 1 1 , , 157 Mass. 471. ment or otherwise, that be has not been arrested for drunlienness twice before within the preceding twelve months, or that, having been so arrested, he has been tried and acquitted in one of the cases, his case may be placed on file, or he may be punished by a fine of not more than fifteen dollars, and upon non-payment thereof he shall be committed to the jail, or house of correction, or to the workhouse, if there is any which has a criminal department in the city or town in which the ofl^ence was committed, until the fine is paid, but not more than thirty days. If a male is convicted of drunkenness three times within twelve months he may be sentenced to the Massa- chusetts reformatory. SECTiOjNr 40. Probation offieer.s shall assist the courts Duties of pro- bation officers. appointing them, by obtaining and furnishing inf orma- i^^i' ''^'' §§ s> T- tion relative to previous arrests, convictions and impris- onments for drunkenness, and such other facts as the court orders relative to persons accused of drunkenness. * All sentence.s to the reformatory prison for women for drunkenness are indeterminate "by Acts of 190,3, chapter 209. 120 LAWS RELATIVE TO PRISONS. They shall keep a full record, well indexed, of each such case which they investigate, in such form as the court orders. Probation officers of the municipal courts in Boston shall furnish a copy of the record in each such case to the municipal court of the city of Boston, which shall cause all records and statements received by it to be so consolidated and kept that they may be readily con- sulted, and for such purpose may employ the necessary clerical assistance. The compensation for such service, which shall be fixed by the court, and such other neces- sary expenses as the court shall incur in complying with the provisions of this section shall be paid by the county of Suffolk, upon vouchers approved by the court. to^iDspectuin! Section 41. Eecords and statements made imder the 1891, 42/, § 7. pi-ovisions of the four preceding sections shall be at all times open to the police officials of the cities and towns of this commonwealth. The board of police of Boston, city marshals and chiefs of police of other cities and towns, keepers of jails and masters of houses of correc- tion shall furnish to each other and to probation officers, and probation officers shall on application furnish to each other, all information in their possession relative to per- sons whose cases are under investigation. CHAPTEE 212. OF NON-SUPPORT. wifeoi-'cMw"* Sectioh' 45. "^'ITioever unreasonably neglects to pro- 1884] 2io! ^ *' vide for the support of his wife or minor child shall be i893|262; punished by a fine of not more than twenty dollars or 136 Mass. 43.0. , , . "^ ,, ,. lAnr- 1.56 Mass. 485. by imprisonment for not more than six months. All fines 157 Mass. 73. "^ ^ 165 Mass. 356. imposed under the provisions of this section may, in the discretion of the court, be paid in whole or in part to the city, town, corporation, society or person actually sup- porting such wife or minor child at the time of making the complaint. Proof of neglect to provide for the sup- port of a wife or minor child as aforesaid shall be prima facie evidence that such neglect is unreasonable. If a LAWS RELATIVE TO PRISONS. 121 Verson punishable under the provisions of this section is support of placed on probation, the court may require, as a condition ^^^or'^S^Uren thereof, that from time to time he shall pay to his wife p^'"' for her support and for the support of his minor child i»t30L°- such reasonable sum as the court shall direct, or that he shall pay the same to the probation officer of said court, or to such other person as the court shall designate, for the support of the wife or child. The court may from time to time modify and change its decrees as the in- terests of justice require; and the court may, in its dis- cretion, also require such person to give a bond, luith sufficient sureties, payable to the justice thereof, and to Ins successors, that he will make the said payments. The bond shall be for an amount not exceeding two hundred dollars, and the court may, in its discretion, release such person upon his own recognizance in a sum not exceed- ing two hundred dollars, whenever the interests of justice so require. Suit may be brought upon the bond by any 2}erson authorized thereto by the court, and the proceeds of the suit shall be applied to the support of the wife or child as aforesaid. CliAPTEE 212. CONDITIONAL SENTENCE. Section- 48. A person who is convicted by a police, conditional sentence. 185], 346. .1. 16S, S. 207, § 30. district or mimicipal court or trial -justice of an offence i834, i.-ii. , T . . . E. S. 143, § 6 mentioned m section forty-six* may, instead of the pun- J|]'^^[ ishment therein mentioned, be punished by a fine of not ^' s' i"?' § ?•' more than twenty dollars, either with or without a con- dition that, if it is not paid within a time specified, such person shall be punished as provided in said section; and such conditional sentence shall be carried into execution according to the provisions of section nine of chapter two hundred and twenty, f * See footnote on page 95 for provisions of section 46. t See also section 1 of chapter 220, Revised Laws, page 131. 122 LAWS RELATIVE TO PRISONS. Expenses. R. S. 142, § 11. G. .S.177, §11. P. S. 218, § 11. CHAPTER 217. SUPPORT OF FDGITIVB FROM JUSTICE. Section" 20. The complainant in such case shall be answerable for all actual costs and charges and for the support in jail of a person so committed, which shall be paid as by a creditor for his debtor committed on execu- tion. If the charge for support in jail is not so paid, the jailer may discharge him as if he had been committed on execution. Discharge on recognizance, wlien. 1894, 406, § 1. Treatment of witnesses in jail. 1894, 270. CHAPTEE 217. OF WITNESSES AND PERSONS UNDER ARREST. Section 50. If a witness has been committed be- cause of his inability to furnish sureties for his appear- ance before the superior court, the jailer shall forthwith give notice to the chief justice of the superior court, who shall direct the district attorney to inquire as to the im- portance of his testimony and the necessity for detain- ing him in jail, and the district attorney, if, in his opinion, the public interest will not suffer by the release of the witness on his own recognizance, shall so report to the chief justice, who may thereupon order the witness to be released upon his o\vn recognizance. Sectiow 51. The prison commissioners shall from time to time make such rules relative to the diet, size of cells, amount of liberty and exercise, correspondence, visits and such other matters as they consider necessary regu- lating the treatment of witnesses held in jail as will secure their clear distinction and separation from other prisoners as far as possible, consistent with their safe custody and the prevention of tampering with their testimony. Said commissioners may, with the approval of the district at- torney, remove such witnesses from the jail in which they are confined to a jail in another county, and shall, at the request of the district attorney, cause them to be returned to the jail whence they were removed. The proceedings LAWS RELATIVE TO PRISONS. 123 upon siicli removal shall be the same as are provided for the removal of prisoners from one jail or house of cor- a-ection to another. The cost of support of a vitness so removed and the cost of both removals shall be paid by the county from which he is removed. Section- 52. An officer having the custody or control aoroTmafe of prisoners, who causes or permits male and female pris- p^fsinS-s^" oners to be transported together to or from a court in a ^^^*'-''^- van or other carriage, in a city having more than thirty thousand inhabitants according to the latest census, shall be punished by a fine of not more than twenty dollars. Section 53. An officer having; the custodv of a wit- Treatment by ® ^ officers of ness who has been committed because of his failure to ^'e^JJUy®" '" furnish sureties, who causes or permits him to be hand- ^^^^' ■''"'• cuffed to a person who is held in custody charged with or sentenced for crime, or to be transported within a city to or from any court or prison in a van or carriage with such person, shall be punished by a fine of not more than twenty dollars. Section- 54. If a person who is committed to jail is Discharge, if -,.-,. T . - . -. ' . injured party imder indictment or complaint for, or is under recogni- satisfled. -■^ ' ° B. S. 136, § 25; zance to answer to, a charge of assault and battery or other jse^ §^27- misdemeanor for which he is liable in a civil action, un- J^ifj™' ^^^' less the offence was committed by or upon a sheriff or p. S. 212, § 43; 218, § 36. other officer of justice, or riotously, or with intent to com- nsMass. ise. mit a felony, and the person injured appears before the court or justice who made the commitment or took the re- cognizance, or before which the indictment or complaint is pending, and acknowledges in writing that he has re- ceived satisfaction for the injury, the court or justice may in its or his discretion, upon the pajonent of such expenses as it or he shall order, discharge the recogni- zance or supersede the commitment, or discharge the de- fendant from the indictment or complaint, and may also discharge all recognizances and supersede the commitment of all witnesses in the case. 120 Mass. i03. 124 LAWS RELATIVE TO PRISONS. Disclinrge, a bar to civil action. R. S, 1,^5, §26 136, § 27. G. S. 170, § 34 171, § 28. P. S. 212, 213, § 36. 12 Allen, 402 44; \yiiat magis- trates may admit to bail. 1812, 30. R. S. 1.35, § 22. 1851, 92, § 2. 1855, 265, § 1. G. S. 170, § 36. 1874, 306, § 4. 1878, 18S, § 4. 1879, 228. P. S. 212, § 46. 1898, 411, § 1. Notice to oflicei- if bail not fixed. 1851, 92, § 2. 1855, 265, § 1. G. S. 170, §37. 1879, 89. P. 8.212, §47. 107 Mass. 227. Bail in Suffolk county. 1X62, 169, § 1. P. .S.212, §48. 151 Mass. 392. Section 55. Such order discharging the recognizance, indictment or complaint of the person or the recognizance of witnesses shall he filed in the office of the clerk before, the sitting of the court at which they are bound to appear ; and such order superseding the commitment of the per- son charged or of a witness shall be delivered to the keeper of the jail in which he is confined, who shall forth- with discharge him ; and such order, so filed and delivered, shall forever bar a civil action for such injury. Section 56. A justice of the supreme judicial court or of the superior court, a standing or special commis- sioner appointed by either of said courts, a justice or clerk of a police, district or municipal court, a master in chancery or a trial justice, upon application of a prisoner held under arrest or committed, either on a warrant or without one, or held in the custody of an officer under a mittimus, may inquire into the case and admit such prisoner to bail; and may admit to bail any person who is committed for not finding sureties to recognize for him. All persons authorized to take bail under the provisions of this section shall be governed by the rules established by the supreme judicial court or the superior court. SBCTioivr 57. If the person is committed without an order fixing the amount of the recognizance, he shall not be admitted to bail under the provisions of the preceding section until reasonable notice of his application has been given to the officer by whom he was committed, or a hear- ing has been given to the officer in whose custody he is held; and if committed with such order, he shall not be admitted to bail, except by a justice of the supreme judi- cial court or of the superior court, for a less amount than is required by the order. Section 5S. After a conviction or a plea of guilty or of nolo contendere in the superior court in the county of Suffolk, the prisoner shall not be admitted to bail except in open court ; but when said court is not in session, bail may be taken by any judge of a court of record or by LAWS RELATIVE TO PRISONS. 125 any commissioner appointed by the justices of the superior court, upon proof that written notice of the proposed ap- plication has been duly served upon the district attorney or one of the assistant district attorneys for the Suffolk district at least twenty-four hours before the hearing of such application, specifying the name of the prisoner, the crime of which he has been convicted, the time and place of hearing and the name, occupation and residence of the proposed sureties. ISTo person who has been once offered and rejected as surety shall afterward be accepted as surety for the same person in the same case. Sectiost 62. Persons who are committed to jail on Ban on the the Lord's day, or on the preceding evening or afternoon, i855, aes, § 2. •'■ I b & ■> G. S. 170, §38. may, m the discretion of the magistrate, be admitted to fgg mIIs 111 ' bail on that day. SEOTioivr 65. A person who, being arrested on a erim- Forfeiture of '^ bail a bar to inal charge, forfeits or makes default upon his bail bond is62"'ie9''§ i' or recognizance or has been surrendered by a probation ^g^g' 'f^' ^ ^■ officer shall not be again released upon further bail or fg'oi.'lie.'^^^' jl IT , ^ . ,. 13 Allen, 896. recognizance m the same case, unless by order oi a justice im Mass. 224. of the court in which such charge was pending at the time of said default or of such siirrender by a probation officer. Section 66. Bail in criminal cases mav exonerate surrender of ^ principal themselves at any time before default upon their recogni- ^g*^''^aii'''*''"' zance by surrendering their principal into court or to the p.^|; li'sf §^66. jailer in the county in which the principal is held to appear. They shall deliver to the jailer their principal, -\vith a certified copy of the recognizance, and he shall be received and detained by the jailer, but may be again bailed in the same manner as if committed for not find- ing sureties to recognize for him. CHAPTEE 217. PROBATION OFFICERS. Section 81. The superior court may appoint pro- probation ofBiCGrs bation officers and the justice of each police, district or i88o,i|^i|i.^ 126 LAWS RELATIVE TO PRISONS. 1882, 125. 1891, 366, § 1. 1892, 242; 276, §§ 1, 3. 1S97, 2fi6. ?? 1, : 1898, .ill, §'l. 1905, 295. Probation officers pro tempore. 1894, 372. Powers; in- spection of records. 1880, 129, §§ 1,5. P. S. 212, § 74. 1891, 356, § 2. 1898, 611, § 1. Duties. J 880, 129, §§ ,S-5. P. S. 212, §■§ 75- 1891,356, §§3, 4. 1S92, 276, § 2. 1897, 266, § 2. 1898, 511, § 1. municipal court and the chief justice of the municipal court of the city of Boston shall apjioint one probation officer. Said chief justice may also appoint not more than five male and two female assistant probation officers. The justice of the municipal court of the South Boston district and the justice of the municipal court of the Boxbury dis- trict may also each appoint one female assistant probation officer. Each probation officer and assistant probation offi- cer so appointed shall hold his office during the pleasure of the court Avhich makes the appointm.ent. Section" S-2. The justice of a police, district or munic- ipal court may, in the absence of the probation officer, appoint a probation officer pro tempore, who shall have the powers and perform the duties of the probation officer, and who shall receive from the county as compensation for each day's service an amount equal to the rate by the day of the compensation of the probation officer; but compensation so paid for any excess over fourteen days' service by a probation officer -pro tempore in any one cal- endar year shall be deducted by the county treasurer from the compensation of the probation officer. Section 83. Said i^robation officers shall not be active members of the regular police force, but so far as neces- sary in the performance of their official duties shall have all the powers of police officers, and if appointed by the superior court may, by its direction, act in any part of the commonwealth and shall report to the court. Their records may at all times be inspected by the chief of police or city marshal of any city or town, or by the board of police for the city of Boston. Section 84. Each probation officer shall inquire into the nature of every criminal case brought before the court under the appointment of which he acts, and may recom- mend that any person convicted thereby be placed upon probation. Female assistant probation officers shall in- vestigate the cases of all women charged with crime in the municipal court of the city of Boston and perform LAWS RELATIVE TO PRISONS. 127 such other duties as the justices of said court may require. Each probation oiEcer shall keep full records of all eases investigated by him, of all cases placed in his care by the court, and of any other duties performed by him. The court may place the person so convicted in the care of a probation oflBcer for such time and upon such conditions as may seem proper. The superior court may also place upon probation under any of its probation officers any person charged before it with crime. Each person re- leased upon probation shall be furnished by the probation officer with a written statement of the terms and condi- tions of his release. Sectiojst 85. The probation officers of such police, dis- sameBubieot. , ■ , J ■ • 1 J. xi . . . 1880, 129, § 2. trict and mim.icipal courts as the prison commissioners p- s. 212, § so. . , . 1891, 356, § 6. shall from time to time designate shall give such informa- i^oo, 449, § 3. tion relative to their work to said commissioners as they shall request and shall report to said commissioners, upon forms to be furnished by them, such facts as the com- missioners desire relative to all cases brought before said courts which are investigated by said officers, and relative to the cases of all persons placed on probation in their custody. The prison commissioners shall keep a record of all cases reported to them, in a form convenient for refer- ence. The probation officers of the superior court shall of™(.g^*'°° mal-e to the hoard of prison commissioners such reports to mike'' °°"''' - 7 . . 7 77 ■ reports. as said commisstoners snail require. 1902,196. Segtiox 86. If, in the opinion of a probation officer of ^oo'.'llg, § l a police, district or municipal court, a person who is ar- rested within the jurisdiction of the court by which he is appointed resides within the jurisdiction of another court, he shall forthwith apply for information relative to such person to the prison commissioners and they shall forthwith furnish to him such information as they have or can obtain through other probation officers or police officials. They shall also send to the probation officer of the court within the jurisdiction of which such person resides such informa- tion as they receive relative to such case. Police officers 128 LAWS RELATIVE TO PRISONS. of cities and towns shall co-operate with such probation officers and with said commissioners, in obtaining informa- tion, and said probation officers shall- assist each other and said commissioners in their duties. The commissioners shall give to the board of police for the city of Boston, to all chiefs of police and to city marshals all the in- formation which they have in any case relative to which said police officials may inquire. betwle™com. SECTION- 87. The prison commissioners shall, from courts and' time to time, confer with the justices of the several courts o ffi CGr s • 1900, 449, §5. for the purpose of securing an improvement of the proba- tion service, of promoting uniformity in the performance of the duties of probation officers and of obtaining a better co-ordination of their work. They shall also confer with the probation officers of said courts and give them such assistance as will promote the best interests of the service. Sectioit 88. If the prison commissioners are of opin- ion that a conference of any or all of the probation officers and assistant probation officers will secure their better co- operation with each other and will promote the efficiency of their work, they shall cause such conference to be held, and one of the commissioners shall preside over it. recommenda- Sectiow 89. The prisou commissioners shall annu- Moo^Mg, §7. ally, in ISTovember, report to the governor on the opera- tion of the probation system and its results, and make recommendations for the improvement of the service. i90o,\l»!^ta^. "' Section 90. Said commissioners shall be provided with such additional office accommodations as they may need and the necessary facilities for carrying on the work required by the five preceding sections, and may employ such assistance as the governor and council shall from time to time authorize. prison com- Section 91. TJpon the appointment or removal of a missioners. p^sfil'V?* pi'obation officer or assistant probation officer, the clerk of is98'5ii'§3- *^^ court by which the appointment or removal is made — between pro- bation oflicers. 1900, 449, § 6. LAWS RELATIVE TO PRISONS. 129 shall forthwitli give notice to the prison commissioners of the officer so appointed or removed. Section 92. The compensation of each probation offi- compensation. ^ 1891, 3.^6, § 6. cer and assistant probation officer of a police, district or III7; l^e' 1 1'. municipal court shall be determined by the justice thereof, ^'*''^' ^"' ^ "' subject to the approval of the county commissioners, and shall be paid by the county, upon vouchers approved by said justice and the county commissioners, or, in the county of Suifolk, by the institutions commissioner. The salary of each probation officer who is appointed by the superior court shall be determined by the court, and shall be apportioned by it from time to time among the counties ■wherein said officer performs his services. Section" 93. The reasonable expenses incurred by pro- Expenses. bation officers of the superior court in the performance of isasi .^li, § 2. ^ ^ . 1900,279; us, their duties shall be approved and apportioned by the §<>• court, and paid by the county to which they are thus apportioned. Probation officers of police, district and municipal courts shall be reimbursed by the county for their actual disbursements for necessary expenses incurred while in the performance of their duties, including their reasonable travelling expenses in attending the confer- ences authorized by section eighty-eight, not exceeding two hundred dollars to each in any one year, upon vouch- ers approved by the justice by whom they are appointed. Section 94. A police, district or municipal court may *^J!^'P°t^^°^j.g authorize a probation officer to expend such amount as the Jss*. ses. court considers expedient for the temporary support or transportation, or both, of a person placed on probation, and such amount shall be repaid to the probation officer by the county upon vouchers approved by the court. A record of any amount so authorized shall be entered on the clerk's docket of the case. Section 95. A probation officer or assistant proba- penauyfcr tion officer who refuses or neglects to perform any of the J^JJ^g duties required of him by the seven preceding sections ^^-^^m convictions 18WI, 1-M, § 11. r. s. 212, §79 130 LAWS RELATIVE TO PRISONS. shall forfeit two hundred dollars to the use of the com- monwealth. coStof p?i"or° Section 96. Every probation officer shall inform the court, so far as is possible, whether a person on trial has previously been convicted of crime. boarrt^o"/ "'^'^ Section- 9T. The provisions of the eleven preceding affected""' scctions shall not authorize a probation officer to interfere i\s. Jii, ssi'. with any of the duties required of the state board of isai', 356', § 9. charity, under the provisions of law relative to juvenile offenders. OHAPTEE 219. ACQUITTED PERSON NOT LIABLE FOR SUBSISTENCE IN JAIL. Person acquit- Segtion 18. Wo prisoner or person under recogni- r'! s'.^iS! Tis?' zance, who is acquitted by verdict or discharged because p.' s.' '214,' I -22.' no indictment has been found against him, or for want of prosecution, shall be liable for any costs or fees or for any charge for su.bsistence while he was in custody. CHAPTEE 219. WITHDRAWAL OP APPEAL. wHMrawai of Sectign- 28. The appellant may, at any time before the copy of the record of conviction has been transmitted to the clerk of the superior court, come personally before the court or trial justice from whose judgment the appeal was taken, and, upon motion, may be permitted by the court or trial justice to withdraw his appeal and abide by the sentence therein. Thereupon the court or trial justice shall order that the appellant comply with the sentence appealed from, in the same manner as if it were then first imposed, and the sureties who had recognized with the appellant upon his recognizance to prosecute his appeal shall be discharged. ^peilan'un" Segtion 29. If the appellant is detained in jail for 1874, 33, § 2. want of sureties to prosecute his appeal, he may give ifiK§64.' "' notice to the jailer of his desire to avail himself of the 1893, 396, § 52. 1894,431. provisions of the preceding section, and the jailer shall appeal 1874, 33, § 1. P. .S. 1.^.4, § 12 155, ? 63. 1S93, 396, § 51. 1894, 431. LAWS RELATIVE TO PRISONS. 131 cause kim to be produced before the court or trial justice from whose judgment his appeal was taken and the pro- ceedings shall be as provided in the preceding section. Section 30. In such case, compensation shall be al- f(f?aifer°"""^ lowed and paid by the city or town in which the crime p/s.f54f|i2; was committed to the jailer for his expenses in the con- isso.^sm, §2; veyance and custody of the appellant, at the same rate isri, 326, «i. m 1 ^ ... -r^i ■, 1893, 3%, §53. as IS allowed to omcers servmg a mittimus. If the appeal !»'■•♦. *3i. was from a sentence to pay a fine, the fees of the jailer shall be paid by the appellant if, after the appeal is with- dra\vn, he pays the fine as provided in section twenty- eight. CHAPTEE 220. OF JUDGMENT AND EXECUTION. Section 1. When a person convicted before a munic- fenteSceTmay ipalj police or district court is sentenced to imprisonment, by the'ifourts or to vail a fine and to stand committed until the same cases, etc. ^ '' ' _ . . 1906, 338. is paid, the court may direct that the execution of said sentence be suspended, and that he be placed on proba- tion for such time and on such terms and conditions as it shall fix. In case the sentence is to pay a fine not ex- ceeding ten dollars, and to stand committed until the same is paid, if the court finds that the defendant is unable to pay the fine luhen it is imposed, and will not probably default, and that it will not be detrimental to the interests of the public, the execution of the sentence shall be so suspended and he shall he placed on probation. When the execution of a sentence to pay a fine has been sus- pended as aforesaid, one of the conditions of the proba- tion shall be that the fine shall be paid during the period of probation. Said fine shall be paid to the probation officer, whereupon the order of commitment shall be void. The probation officer shall give a receipt for every fine so paid, shall Iceep a record of the same, shall pay the fine to the cleric of the court at its next session, and shall keep on file the clerk's receipt therefor. If at the end of said period the probation officer shall report to the court that the fine 132 LAWS RELATIVE TO PRISONS. Arrest of person on probation. 1897, 236. 1900, 449, § 2 .Sentence, not- mthstaiiding appeal, ote. 1891, 3B2. 1895, 469. 167 Mass. 13, 144. 170 Mass. 16. 175 Mass. 87. — if no statu- tory punish- ment. 1782, 9, § 1. R. S. 139, § 1. G. .S. 174, § 1. P. S. 215, § 1. 13 Allen, 581. 168 Mass. 446. Amended 1902, 544, § 34. — to jail or bouse of cor- rection. 1834, 151, ? 37. R. S. US, '§ 17. G. S. 174, § 4. is unpaid, and that in his opinion the person is unable to pay the same, the court may either extend said period, place the case on file or revolce the suspension of the ex- ecviion of the sentence. Section 2. At any time before the final disposition of the case of a person who has been placed on probation in the custody of a probation officer, the probation officer may arrest him without a warrant and take him before the court, or the court may issue a warrant for his arrest. 'When he is taken before the court, it may, if he has not been sentenced, sentence him or make any other lawful disposition of the case, and if he has been sentenced, it may continue or revoke the suspension of the execution of his sentence. If such suspension is revoked, the sen- tence shall be in full force and effect. Sectiow 3. Sentence shall be imposed upon convic- tion of a crime which is not punishable by death, al- though exceptions have been alleged or an appeal has been taken. The reservation, filing or allowance of ex- ceptions, or the entry of an appeal, shall not stay the execution of the sentence unless the justice imposing it, or a justice of the supreme judicial court, files a certifi- cate that in his opinion there is reasonable doubt whether the judgment should stand. If sentence is so stayed, the justice may at the same time make an order relative to the custody of the prisoner or for admitting him to bail. Sectiox 4. If no punishment for a crime is pro- ■^'ided by statute, the court shall impose such sentence, according to the nature of the crime, as conforms to the common usage and practice in this commonwealth. If a person is convicted of a misdemeanor which is punishahle by imprisonment, he may, unless it is otherwise expressly provided, he sentenced to imprisonment either in the jail or in the house of correction. Section" .5. Whoever is convicted of a crime which is punishable wholly or in part by imprisonment in jail may be sentenced to such imprisonment in the house of LAWS RELATIVE TO PRISONS. I33 correction or to solitary imprisonment and confinement p- s. 215, § 3. at hard labor either in the jail or house of correction; flSf ' and if convicted of a crime which is punishable by im- leiMass^iao. prisonment in the house of correction may be sentenced to such imprisonment in a jail.* Section 6. Whoever is convicted of a crime which is sa™e subject punishable by a fine, and is liable to imprisonment in g'I.Vvms. the jail for the non-payment of fine, may be sentenced ^Met^'i^*' to such imprisonment in the house of correction, and to confinement at hard labor either in the jail or house of correction. Sectiois- T. a convict upon whom two or more sen- commitments upon two or tences to imprisonment are imposed may be fully com- mOTeS mitted upon all such sentences at the same time, and shall issvfes. serve them in the order named in the mittimuses upon which he is committed. Section S. If a convict is sentenced to pay a fine in second sen. ,„ 1 1 111 . T "^ , tence for non- more tnan one case and has been committed to a jail, payment of house of correction or other prison for refusing to nav i874;253. o 1' t' p. S. •2lOt § 5. such fine, the subsequent sentence shall take effect upon the expiration of the imprisonment under the former sen- tence. Section 9. If a person has been convicted of a crime conditional which is punishable, at the discretion of the court, bv nss, ss, §§1,2. . . ' - 1834, ISl, § 17. fine or imprisonment in the jail or house of correction or 5-^-S'ff;'5- *^'. ^- 1/4, §§ 6,7. by fine or imprisonment in the state prison, the court f Met ^o^^ ''' ^' may impose upon him a conditional sentence, and order him to pay a fine within a limited time which shall be expressed in the sentence, and in default thereof to suffer such imprisonment as is provided by law. He shall be forthwith committed to the custody of an oflSeer in court or to the jail, to be detained until the sentence is complied * For an exception see section 20 of chapter 86 of the Revised Laws as amended by chapter 314, Acts of 1902, which reads as follows: — Section 20. A child under twelve years of age shall not be committed to a police station, to a jail or house of correction, to the state farm, or to the house of correc- tion a.t Deer Island in the city of Boston, pending cm examination, in default of bail, or for the non-payment of a fine or upon conviction of any offence not punishable by death or imprisonment for life. 134 LAWS RELATIVE TO PRISONS. Modification of sentence to fine and imprison- ment. R. s. 139, § 4. L--.-).o, 215, § 39. (,. S. 174, §8. ].««;, 280, § 1. r. S. 215, § 8. 1896, 397, § 17. 12 Allen, 421, 424, 428. 13 Allen, 581. 1119 Mass. 362. 127 Mass. 452. 1.1.') Mass. 8. Sentence to jail, etc., in "any county. 1818, 123, § 6. 1866, 280, § 2. 1870, 376, § 4. P. .S. 215, ^ 13. 12 Allen, 424. [1 Op. A. G. 309.] Female sen- tenced to reformatory ttrison, when. 1874, 3S5, § 17. 1886, 114, § 1. 1881, 189. 1>. S. 215, § 14. 1895, 218. — to confine- ment at tiard labor, where executed. 1818, 123, « 8. 1834, 151, § 16. H. S. 143, § 18. G. S. 174, § 14. 1874, .385, « 17. P. S. 215, § 15. Woman with infant may be sentenced to town workhouse, 1854, 416, §§ 1, 4. G. S. 174, I 12. P. S. 215, § 16. Boy to be sen- tenced to jail instead of state prison, when. with; and if he does not within the time limited pay the fine imposed, the sheriff shall cause the other part of the sentence to be executed forthwith. Sectiok' 10. Whoever is convicted of a crime which is punishable by fine and imprisonment either in the jail or house of correction, except a registered jDharmacist who is convicted under the provisions of section twenty-nine of chapter one hundred, may, at the discretion of the court, be sentenced to be punished by imprisonment only, or by a fine only, if he shows to the satisfaction of the court that he has not before been convicted of a similar crime. Sectiow 14. "Whoever is convicted of a crime which is punishable by imprisonment in the jail or house of cor- rection may be sentenced to a jail or house of correction of any county, and the master or keeper thereof shall re- ceive and detain him in the same manner as if he had been sentenced by a court sitting in the county in which such jail or house of correction is situated. Sectiokt 15. A female who is convicted of a crime which is punishable by imprisonment in a jail or house of correction may be sentenced to the reformatory prison for women; [but no sentence to said reformatory prison shall be for less than one year, except as provided in section seventy of chapter two hundred and twenty-five].* Sectio^t 16. A sentence of a female convict of what- ever age to confinement at hard labor shall be executed in the jail, house of correction or reformatory prison for women as the court orders, isss, 113. 12 cush. 237. 1904, 224. Sectios" 17. A woman with a nu.rsing infant, who is convicted of a crime which is punishable by imprisonment in the house of correction, may be sentenced to a work- house in the county ; and two dollars a week shall be paid by the county to the town in which the sentence is exe- cuted for her support and custody. Sectioiv" 18. If a boy who is under the age of six- teen years is convicted of felony and is sentenced to Words in brackets superseded by chapter 209 of the Acts of 1903, page 18. LAWS KELATIVE TO PRISONS. 135 solitary imprisonment and confinement at hard labor for isis, lis, § s. not more tlian three years, but has not been previously R- s. 143, § is. sentenced to the state prison in this conamonwealth, or to i'- ''■ -'"■' § ^''■ any state prison or penitentiary in the United States, the sentence shall be executed in the jail. Section 19. A sentence of a male convict to solitary sentence over Ave years, how imprisonment and confinement at hard labor for not more executed, than five years may be executed either in the state prison, ^f J^^- 1 \^ jail or house of correction, except as provided in the fol- i'. I', m, | I'e'. lowing section. p. 8.215, §19. 152 Mass. 1. 161 Mass. 120. 18'.- .§ Section 20. If a convict is sentenced to the state indeterminate prison, except for life or as an habitual criminal, the r. |. isu, §9^ court shall not fix the term of imprisonment, but shall Jg^o;Jg°5i. fix a maximum and a minimum term for which he may fggfjof;!!""' be imprisoned. The maximum term shall not be longer JlfiuBs.^^' than the longest term fixed by law for the punishment les Mass'. 592. ° ■' 172 Mass. 264. of the crime of which he has been convicted, and the 174 Mass.^seg. minimum term shall not be less than two and one-half vears. If a convict who has been sentenced to the state prison receives an additional sentence thereto, it shall take effect upon the expiration of the minimum term of the preceding sentence. Sbctiox 21. Whoever has been twice convicted of f^^^-^^ll, crime and has been sentenced and committed to prison ilsMass. les. . , 15S Mass. .WS. in this or another state, or once m this and once or more 16.3 Mass. 226. in another state, for terms of not less than three years n3Wass,322. each, and does not show that he has been pardoned for isou.s.sii. either crime on the ground that he was innocent, shall, upon conviction of a felony in this commonwealth, be considered an habitual criminal and be punished by im- prisonment in the state prison for the maximum term pro- Amended. vided hij law as a penalty for the felony for which he is then to he sentenced. Section 22. A convict who is imder sentence of im- F™;t,,ersen- prisonment in the state prison may be sentenced for a ™ub state 1 -, 1880, 15, § 2. further time of not less than one year. p. s. 215, §21. 136 LAWS RELATIVE TO PRISONS. ftet^prison Section 23. If a convict who is sendag a sentence cuted fnfmedi- of imprisonment in a jail or honse of correction is con- 1881, 139. victed of a felony, the court mav impose sentence of im- 1>. S. 215, § 22. . . . " . prisonment in the state prison and order it to take effect forthwith, notwithstanding the former sentence. The convict shall thereupon he removed to the state prison, and shall be discharged at the expiration of his sentence thereto. fg^j'j'^ooo.'^^'^'^'' Section 24. If a convict who is serving a sentence of imprisonment in the Massachusetts reformatory is con- victed of a crime which is punishable by imprisonment in the state prison or house of correction, the court may im- pose sentence of imprisonment therein and may order it to take effect forthwith, notvsnthstanding the former sen- tence. The convict shall thereupon be removed accord- ingly, and shall be discharged at the expiration of his sentence thereto. tence. Solitary Sectiok 25. The fomi of a Sentence to the state prison imprisonment. -^-, , _ .- ..-- „ E. s. 139, § 8. shall be, that the convict be punished by coniinement at G. S. 174, § 18. ... 1866, |5'i. hard labor and by solitary imprisonment for such term, 8 Met lis' ■'-"-'^ exceeding twenty days at one time, as the court orders. ! Met. 633, 11 Met. 876, 161 Mass'. 120. Ill the execution of such sentence, the solitary impris soii- 167 Mass. IJ. ment shall precede the punishment by hard labor, unless the court otherwise orders; but in case of severe illness of the convict, the warden, upon the certificate of the physician of the prison, may postpone the solitary im- prisonment until the health of the convict is so far re- stored that his life will not be endangered by such solitary imprisonment. feited''by sen- Section 26. If a convict who is Sentenced by a court prison. of this commouwealth or of the United States to imnris- R. S. 144, § 31. . J^ g-5-iy*'fi?- onment m the state prison holds an office under the con- 24 Pick. 279. ptitution or laws of this commonwealth at the time of his conviction and sentence, it shall be vacated from the time of his sentence. If the judgment against him is reversed upon writ of error, he shall be restored to his office with all its rights and emoluments ; but, if pardoned, LAWS RELATIVE TO PRISONS. 137 he shall not by reason thereof be restored, unless it is so expressly ordered by the terms of the pardon. Section 27. A male person under forty years of age Persons pun. who has not been previously sentenced for crime more reformatory. il ,1 ^. . . „ 1S84, 25.5, § 8. than three times upon conviction of crime and who is S'?^?-., convicted of a crime which is punishable by imprison- 1*88,49. ment in the state prison or in a jail or house of correc- tion may be sentenced to the Massachusetts reformatory. Police, district and municipal courts and trial justices shall have the same jurisdiction to sentence such person to said reformatory as they have to sentence him to such jail or house of correction. Sectio:^ 28. The court which imposes sentence of im- indetemunate sentence. prisonment m the reformatory shall not fix the term i884, 255, §§ 8, 9. •^ •' 1886, 323, §§ 1, 6. thereof unless it exceeds five years, but shall merely im- pose a sentence of imprisonment in the reformatory; but prisoners may be received and held therein who have been sentenced thereto by a court of the United States for a fixed or limited term. Sectiokt 29. Whoever is sentenced to imprisonment in Length of ^ ^ sentences. the reformatory for felony maj^' be held therein for not jggj' 302 *^ ^' ^' more than five years unless he is sentenced for a longer teiin, in which case he may be held for such longer term. Whoever is sentenced to imprisonment therein for a mis- demeanor may be held therein for not more than two years. Section 30. Wlien a convict is sentenced to pay a ^^''^Jl'^'^'^fj^''- fine or to be imprisoned, the clerk of the court shall forth- ^^°|''^,^^f j 7, with make out and deliver to the sherifF or to some other fsgl'iwjii!'' ofiicer in court a duly certified transcript from the minutes ^- ®- ^^''' ^ '' of the court of the conviction and sentence, which shall authorize the ofiicer to execute such sentence, and he shall execute it accordingly. Sectiow 31. When a person is sentenced to the state copyofmaict- prison, to the Massachusetts reformatory or to the re- t-^'^^^smittea formatory prison for women, the clerk of the court shall, p.^s'.m without charge, transmit to the warden or superintendent. 26. 1884, 255; § 10. 138 LAWS RELATIVE TO PRISONS. Powers of officer in ex- ecution of a warrant of rommitment. 1S70, 370, 5 5. 187a, 294, § 7. 1880, 120, § 3. P. S. 215, § 27. Return of pre- cept to magis- trate ; copy with jailer, etc. 1869, 233. G. S, 174, § 22. 1880, 120, § 2. P. S, 215, § 28. 11 Gray, 468. .Service of new mittimus upon convict. G. S. 174, 5 23. P. .S. 215, § 29. Appointment of time for execution of deatli sentence. C. L. 30, § 1. 177K-7, 32, § 24. K. S. 139, § 11. IS.W, 274, §§ 2, 3. 1857, 37. G S. 174, § 24. 1876, 166, § 1. P. S. 215, ? 32. 1898, 326, § 1. as the case may be, an attested copy of tlie complaint or indictment under which such person was convicted and the names of the witnesses who testified for and against such person at the trial. Section 32. A sheriff, deputy sheriff or constable, when engaged in the execution of a warrant for the com- mitment of a person to a penal institution which is not in his own county, shall have the same powers in any' county through which he may pass as he would have in his own county in the performance of a similar duty. Section 33. The officer who serves the precept in a criminal case shall, without charging travel therefor, re- turn it with his doings and fees indorsed thereon to the court or magistrate issuing it, who shall tax, allow and certify the fees as a part of the expenses in the case. In case of commitment, the officer shall leave with the jailer or keeper of the prison an attested copy of the precept, with his return thereon, which shall authorize the detention of the person committed. Section 34. If a convict who is imprisoned under sentence is again sentenced to confinement in a prison other than that in which he is then held, the warrant for his commitment in pursuance of the second sentence shall be placed in the hands of the warden or keeper of the prison in which the convict is held, and said warden or keeper, upon the expiration of the first sentence, shall commit the convict in obedience to said' warrant. Section 3Y. In pronouncing sentence of death upon a person who is convicted of a capital crime, the court shall appoint a week within which the sentence shall be executed. The clerk of the court shall, as soon as may be, make out and deliver to the governor a certified copy of the whole record of the conviction and sentence, and shall immediately thereafter make out, sign and deliver to the sheriff of the county in which the conviction was had a warrant under the seal of the court stating the con- viction and sentence, and the week appointed for the ex- LAWS RELATIVE TO PRISONS. 139 ecution thereof, and shall at the same time transmit to the warden of the state prison a certified copy of the war- rant. Such warrant shall be directed to the warden of the state prison coramanding him to cause execution to be done in accordance with the provisions of such sen- tence upon a day within the week so appointed. Sectiokt 38. After a convict has been sentenced to couflnement the punishment of death, he shall be confined in iail in under sen. ■> tence. the county m which he was convicted until within ten 1901' llo'^^' days of the first day of the week appointed for the ex- ecution of the sentence of death. He shall, within such ten days, at a time chosen by the sheriff, be conveyed by him or a deputy designated by him, as secretly as may be, to the state prison, and shall, with the warrant, be delivered to the warden thereof or to the ofiicer perform- ing the duties thereof. He shall, unless lawfully dis- charged frora such imprisoument, be kept in a cell provided for the purpose from the time of such delivery until the sentence of death is executed upon him, and no person shall be allowed access to him without an order of the court, except the officers and employees of the prison, his counsel, and such physicians, priest or minister of re- ligion as the warden may approve, and the members of his family who are identified to the satisfaction of the warden. If the execution of the sentence of death is respited by the governor, or is otherwise delayed by proc- ess of law, the convict may, in the discretion of the warden, be confined in one of the cells in the solitary prison established by chapter one hundred and nine of the resolves of the year eighteen hundred and ninety- four. Section 39. The sentence of death shall be executed ^^htnTx'ecu- by the warden of the state prison, or by a person acting 1776-7 32 §24 under his direction, within the week appomted by the ^^-^^^^^^^^^^ court, unless the governor pardons the crime, commutes g^^^gg'^^. ' the punishment therefor or respites the execution. If ^^iJ^^-JIf- the execution is respited, the sentence of death shall be 140 LAWS RELATIVE TO PRISONS. Death penalty, how inflicted. E. S. 139, § 13. 1853, 286, § 2. 1857, 37. G. S. 174, § 26. P. S. 215, § 37. 189S, 326, §§ 4, 6, 10. 5 Cush. 407. 11 Cuah. 604. Insane person, or woman quick with child, not to be sentenced. 1S76, 166, § 3. P. S. 216, § 34. Eespite of execution in such cases. E. S. 139, § 12. G. S. 174, § 25. 1876, 166, § 4. P. S. 215, § 35. executed within the week beginning on the day next after the day on which the term of respite expires. The sen- tence of death shall be executed upon such day within the week appointed as the warden elects, at some time between midnight and sunrise; but no previous announce- ment thereof shall be made, except to such persons as may be permitted to be present. Sectiox 40. The punishment of death shall be in- flicted by causing a current of electricity of sufficient intensity to cause death to pass through the body of the convict, and the application of such current shall be con- tinuous until he is dead. The sentence shall be executed within an enclosure or building for that purpose adjoin- ing the state prison and the company which furnishes the electric power or light to the state prison shall provide all necessary electricity for executiojis at such times as the warden orders. Sectioh" 41. If a person who is convicted of a capital crime is, at the time when motion for sentence is made, found by the court to be insane, it may cause such per- son to be removed to one of the state insane hospitals for such term and under such limitations as it may order. If a woman who is convicted of a capital crime is, at the time when motion for sentence is made, found by the court to be quick with child, the court shall not pass sentence upon her until it finds that she is no longer quick with child. Segtiok 42. If it appears to the satisfaction of the governor and council that a convict under sentence of death has become insane, the governor, with the advice and consent of the council, may, from time to time for stated periods, respite the execution of said sentence, until it appears to their satisfaction that the convict is no longer insane. If it appears to the satisfaction of the governor and council that a female convict under sentence of death is quick with child, the governor, with the advice and consent of the council, shall from time to time respite LAWS RELATIVE TO PRISONS. 141 the execution of said sentence for stated periods imtil it appears to tlieir satisfaction that she is no longer quick with child. Sectio^t 43. The governor, with the advice and con- Respite of sent of the council, may from time to time respite the fnother"" execution of a sentence of death for stated periods so i876, ie8,§5. - ^ p. S. 215, § 36. long as he may consider it necessary to afford him, with the advice and consent of the council, an opportunity to pardon the convict and to investigate and consider the facts of the case for that purpose. Section 44. There shall be present at the execution witnesses of of the sentence of death, in addition to the warden or r. s,'i39, § u.' G. S. 174, § 27. deputv warden who performs the execution and such offi- p. s. ■2i.'),§38. -■■ ' \ _ 18U8, 326, § 5. eers of the state prison as he considers necessary, the prison physician, the surgeon general of the militia, a medical examiner for the county of Suffolk, or, if they are unable to be present, such physicians as the warden approves. The physicians present shall be the legal wit- nesses of the execution. There may also be present the sheriff of the county in which the defendant was con- victed or his deputy, a priest or minister of religion and, with the approval of the warden, not more than three other persons. SECTioisr 45. "When the warden has executed the sen- Return of warrant. tence of death upon a convict in obedience to a warrant g; g- J^^' | il; from the court, he shall forthwith make return thereof J^^/l'^II^Hg. under his hand, with the doings thereon, to the office of i898,326,§7. the clerk of said court. CHAPTEE 221. OF FINES AND FORFEITURES. Section 6. Before imposing a fine as a penalty or Exp|;?«e8^of part penalty for a crime, the court or justice shall de- |sgo,^328,§i; termine the reasonable and actual expenses of the prosecu- tion, including the services of officers and witnesses, the detention and support of the defendant and the expense of serving a mittimus or other warrant of commitment; 142 LAWS RELATIVE TO PRISONS. Accounts of fines, etc. 1891, 236, § 1. Fines, etc., to be paid to sheriff, and by him to county. 16a3-4, 2, § 1. 1791, 53, § -2. E. S. 141, § 9. 1867, 107, § 1. G. S. 176, §§ 9, 12. 1881, 52, § 1. P. S. 217, §§9, 12. 1390, 218, § 1. 2 Gray, 428. and may impose a fine, not exceeding the maximum fine prescribed for the crime, which shall include the whole or any part of the amount of the expenses so found and determined. If the presiding justice is of opinion that the maximum fine is an inadequate penalty for the crime committed, he may impose such maximum fine and order the defendant to pay the whole or any part of the ex- penses of the prosecution. Defendants who pay such expenses after commitment shall also pay the expense of commitment. Sectioh- 8. The clerk of the superior court for the transaction of criminal business for the county of Suffolk, the clerks of the municipal courts in Boston, the sheriff, master of the house of correction or other officer, except those named in the following section,* upon receiving fines, fees or other money in any criminal proceedings, which are to be paid to the county of Suffolk or to the city of Boston, shall, before the tenth day of every month, pay over to the collector of said city and account, under oath, for all fines, fees or other money so received during the preceding calendar month, and make the detailed state- ments now required by law. Segtioit 11. Fines and forfeitures imposed in crim- inal prosecutions by the superior court to the use of the commonwealth, or to any county, or to the city of Bos- ton, and all amounts found to be due on forfeited recogni- zances, shall, under the direction of the court, be certified by the clerk to the sheriff. The sheriff or a deputy sheriff shall be authorized to receive such fines and for- feitures, but the sheriff shall, within ten days after the final adjournment of the sitting of the court, pay the .same without deduction to the county treasurer and render to him, or, in the county of Suffolk, to the collector of the city of Boston, an account, under oath, of all amounts which he has received since the last preceding sitting of the court for fines, forfeitures and forfeited * Section 9 refers to clerks of courts. LAWS EBLATIVE TO PRISONS. 143 recognizances and the names of the persons from whom they were received and against whom thej^ were awarded. If a sheriff neglects for thirty days to render such ac- count he shall he liahle to a penalty of two hundred dollars, which shall be recovered in the manner provided in section thirteen. Section 12. A sheriff who, having a person in his sheriff suirer- , , . c -I o i. jj^g escape to custody by virtue of the sentence of a court, voluntarily ''4^ "sa'^l'^''"'' or negligently suffers him to escape shall be held to have J|g^-j'|Ji'|j^- received the fines, forfeitures or forfeited recognizances f,] |; l[^l | lU; described in the preceding section, at the time of the es- cape, and shall be liable for the same, with interest and costs, as if he had received them. Seotioit 13. If a sheriff neglects to make siich pay- Remedy it ment for thirty days, the county treasurer shall recover ^"^p^^ °"<^'' of him in an action of contract the amount of such fines, R.^s'.M'ifl'g. forfeitures and forfeited recognizances, with interest at g.s. i76,§ii. the rate of twelve per cent from the time of receiving or from the time he is held to have received the same and costs. Section 14. A person who is committed to a jail or jr^^y;'^°f„\*°g^ house of correction in default of payment of a fine may °^,!^,°^ff„°* pay it to the keeper of the jail or master of the house of p.^s'.fiV^^u. correction, and the warrant for his commitment shall des- ^**"^' *^'''' ^ ignate the city or town in which the offence for which the fine was imposed was committed and the uses to which such fine is payable by the officer who receives it. Section 15. Every keeper of a jail and master of a Jaiier^and house of correction shall, except in the county of Suffolk i!°!J?„7*omake as provided in section eight, on the first day of January, ^^rns'^ April, July and October, pay over to the persons who p J|v!|i5. are entitled thereto all money received by him under the provisions of the preceding section during the preceding three months, and render to the county treasurer an ac- coimt, under oath, showing the names of the prisoners by whom payments have been so made, the court by which each was committed and the amount received from each. 144 LAWS RELATIVE TO PRISONS. Employment, etc., of per- sons by public service corpo- rations restricted. 1903, .S20, § 1. Certain offices not to be con- sidered public offices. 1903, 320, § -i. (Acts of 1903, Chap. 320.) OF PUBLIC SERVICE CORPORATIONS AND THEIR EM- PLOYEES. Section" 1. Wo railroad, street railway, electric light, gas, telegraph, telephone, water or steamboat company shall appoint, promote, reinstate, suspend or discharge any person employed or seeking employment by any such company at the request of the governor, lieutenant gov- ernor, or any member or member elect of the council or of the general court, or candidate therefor, justice of the supreme judicial court, justice of the superior court, judge of probate, justice of a police, district or municipal court, district attorney, member or member elect of a board of county commissioners, or candidate for county commis- sioner, member or member elect of a board of aldermen, or selectmen, or city council, or any executive, adminis- trative or judicial officer, clerk or employee of any branch of the government of the Commonwealth or of any county, city or town; nor shall any such public officer or body, or any member or member elect thereof or candidate there- for, directly or indirectly advocate, oppose, or otherwise interfere in, or make any request, recommendation, en- dorsement, requirement or certificate relative to, and the same, if made, shall not be required as a condition pre- cedent to, or be in any way regarded or permitted to influence or control, the appointment, promotion, rein- statement or retention of any person employed or seeking employment by any such corporation, and no such person shall solicit, obtain, exhibit, or otherwise make use of any such official request, recommendation, certificate or en- dorsement in connection with any existing or desired em- ployment by a public service corporation. Sectiow 2. The offices of probation officer, notary public and justice of the peace shall not be considered public offices within the meaning of this act. LAWS RELATIVE TO PRISONS. 145 Section 3. Any person or corporation violating the Penalty. j; ii • i_ 1 n 1 -111 /. ^ 19fl3, 320, § 3. provisions o± this act shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars for each offence. (Acts of 1904, Chap. 314.) OF REMOVALS AND SUSPENSIONS FROM OFFICE AND EM- PLOYMENT IN THE CLASSIFIED CIVIL SERVICE. Section 1. Every person holding office or employ- persons how- ment in the public service of the Commonwealth or in public Bcrvice , not to be anv countv, citv or town thereof, classified under the civil removed, etc., " _ ' ' ' ' without cause. service rules of the Commonwealth, shall hold such office or i^"*' ^i*' 5 1- employment and shall not be removed therefrom, lowered in rank or compensation, or suspended, or, without his con- sent, transferred from such office or employment to any other except for just cause and for reasons specifically given in writing. Section 2. The person sought to be removed, sus- Noticeitobe trivGii etc pended, lowered or transferred shall be notified of the 1904,314, §2. proposed action and shall be furnished with a copy of the reasons required to be given by section one, and shall, if he so requests in writing, be given a public hearing, and be allowed to answer the charges preferred against him either personally or by counsel. A copy of such reasons, notice and answer and of the order of removal, suspension or transfer shall be made a matter of public record: provided, hoiuever, that nothing contained in this p™™°- act shall he construed to prevent temporary suspension for a period not exceeding thirty days, m.ade without compli- ance ivith the provisions of this act and pending further action under this act. 146 DIGEST OF DECISIONS. DIGEST OF DECISIONS OF THE SUPREME JUDICIAL COURT UPON MATTERS AFFECTING PEISOXS. SUEEENDEE BY BAIL. The provision that the bail of any person arrested in a civil action, Avho shall surrender him, " shall within fourteen days after such surrender, deliver to the jailer a copy of the original writ or process whereby the pris- oner was arrested," is directory merely, and not a con- dition precedent. A failure to deliver such copy within fourteen days is not a condition of which the creditor can take advantage to make the surrender invalid and void. Bhoda Jones v. Samuel J. Yarney et als., 8 Gushing, 13Y (1851). WAEDEiSr SUMMONED AS TEUSTEB. The warden of the State Prison, who is removed after being summoned as a trustee, while the action is pend- ing, and before he is charged, cannot be subsequently charged as trustee. The suit must proceed, if at all, against his successor. Train v. Herriclv, 4 Gray, 534 (1855). DISCHAEGE OP POOE CONVICT. A common seller of intoxicating liquors, sentenced to imprisonment and payment of fine and costs, is not en- titled to be discharged as a poor convict until after three months from the expiration of the time for which he was sentenced to be imprisoned. Patrick Oannon v. Charles J. Adams, 8 Gray, 395 (1857). DIGEST OF DECISIONS. 147 ALLOWANCE OF COMPENSATION" TO KEEPERS OF PEISONS. The amount of additional compensation to be allowed to a jailer, upon an appeal from the county commissioners, is within the discretion of the court of common pleas (now superior court), and not subject to revision on ex- ceptions. Adams v. Hampden, 13 Gray, 439 (1859). PBISON KECOEDS. The keeping of a prison book is not a condition prece- dent to an allowance by the county commissioners of addi- tional compensation beyond the sum fixed by law as the price of board of prisoners. Adams v. Hampden, 13 Gray, 439 (1859). COMMUTATION OP SENTENCE FOE GOOD CONDUCT. A prison officer may lawfully discharge a convict before the expiration of his original sentence in case it appears by the record that such convict is, by reason of good con- duct, entitled to the benefit of the statute providing for a reduction of sentence for good behavior. An executive pardon is not necessary in such cases to authorize the dis- charge of the convict. , Opinion given to Governor and Council, 13 Gray, 618 (1859). THE USE OF JAILS. The sergeant-at-arms of the Legislature of ]\Iassachu- setts may lawfully detain in the county jail, with the permission of the sheriff, a prisoner committed by au- thority of the House of Eepresentatives. Burnham Morrissey, 14 Gray, 226 (1S50). V. SUPPOET OF POOE DEBTOE. The inhabitants of a county cannot maintain an action of contract against a creditor, who has had his debtor ar- rested on mesne process and kept in close confineinent in the county jail, for board furnished to the debtor by the 148 DIGEST OF DECISIONS. jailer upon his clairaing support as a pauper, if the creditor, after a demand upon him by the jailer to pav for such board, has not requested the county or the jailer to detain the debtor in prison, or to furnish him with board, nor promised to pay for the debtor's support. In- hahifants of the County of Worcester v. Barthold Schles- inger, 16 Gray, 166 (1860). ESCAPE FEO'M CUSTODY. An escape by a convicted criminal from the custody of the ofBcer who is conducting him, by virtue of a mittimus, to the place of confinement, is punishable as an offence at conunon law in this Commonwealth. C ommonwealth v. Thomas Farrell, 5 Allen, 130 (1862). jaileb's eecoed as evidence. A jailer's register of prisoners committed to jail for debt, containing his entry of the time and means of their liberation, is not competent evidence to prove the taking of the poor debtor's oath. Inhahitants of Belchertown v. Inhabitants of Dudley, 6 Allen, 477 (1863). PREMISES OF COUNTY PEISONS. An inclosed yard, the sole use of which is in connec- tion with a house of correction, is " adjoining or ap- purtenant thereto " within the meaning of the Gen. Stats., chap. 178, sect. 6 (corresponding to sect. 8, chap. 224, E. L. ) ; and a prisoner in the house of correction, escap- ing from such a yard, is liable to punishment under the Gen. Stats., chap. 178, sect. 46 (corresponding to sect. 17, chap. 210, E. L.). Conmionwealth v. Curley, 101 Mass. 24 (1869). SENTENCE NOT ABATED BY' ESCAPE. The sentence of a convict to imprisonment for a terra expressed only by designating the length of time is to be satisfied only by his actual imprisonment for that length DIGEST OF DECISIONS. 140 of time, imless remitted by a legal authority ; and if a sen- tence is limited to take effect iipon the expiration of a previous sentence, its period will not begin to run until the first sentence has so been fully performed or legally discharged. If a prisoner under sentence to be imprisoned for a term expressed only by the length of time escapes during the term, the period during Avhich he remains at large docs not abridge the period of imprisonment which re- mains for him to suffer before fully performing the sen- tence. Dolan's cas3, 101 Mass. 219 (1S69). CONVICTIOW. PEOBATION'. Tinder the statute provision that the conviction of a wit- ness of any crime may be shown to affect his credibility, (Gen. Stats., chap. 131, sect. 13; Stat. 1870, chap. 393, sect. 3,) it has been decided that the term " conviction " is used in a sense including the judgment of the court, and that a plea of guilty, without such final judgment, is not sufficient. Commovwealth v. Oorham, 99 Mass. 420. The record offered to impeach the credit of the witness does not show any such judgment, but only that he was discharged on probation. See also Commonivealth v. LocTc- wood, 109 Mass. 323, 330 ; Commomuealth v. Doiudican's Bail, 115 Mass. 133; Partridge v. Hood, 120 Mass. 403. Exceptions overruled. Fay v. Harlan, 128 Mass. 244 (1880). ESCAPE. A person, who has been arrested on mesne process, ad- mitted to bail, and afterwards surrendered by his bail to the keeper of a jail, is " lawfully imprisoned," within the provisions of the statutes; and, if he forcibly escapes from the jail, he may be convicted. CommonweaWi v. Alfred R. Barier, 133 Mass. 399 (1882). 150 DIGEST OF DECISIONS. EETUElsr FOE VIOLATING CONDITIONS OF PAEDON. The Pub. Stats., chap. 218, sects. 12-14 (now R. L., chap. 225, sects. 132-135), providing that, in any case in which the Governor is authorized by the Constitution to grant a pardon, he may, with the advice of the Council, upon the petition of the person convicted, grant a condi- tional pardon, and that, where the conditions of the pardon are violated, he shall be arrested, and the Governor and Council shall " examine the case of such convict, and, if it appears by his own admission or by evidence that he has violated the conditions of his pardon, the Governor with the advice of the Council shall order the convict to be remanded and coniined for the unexpired term^ of his sentence," are constitutional ; and the Governor and Coun- cil may order the convict to be so remanded and confined without notice to him, and without giving him an oppor- tunity to be heard. Kennedy's case, 135 Mass. 48 (1883). LIBEL UPON PUBLIC OFFICEE. An indictment alleged that the defendant, " contriving and unlawfully and maliciously intending to injure, vilify, and prejudice one S., and to deprive him of his good name, fame, credit, and reputation, and to bring him into great contempt, scandal, infamy, and disgrace, he the said S. being then and there sheriff of the county of W., and also keeper of the jail and house of correction at W., un- lawfully and maliciously did publish, and cause and pro- cure to be published, a false, scandalous, malicious, and defamatory libel, containing divers false, scandalous, mali- cious, and defamatory matters and things of and concern- ing the said S." Held, that the indictment alleged a libel upon S. in his private, and not in his official capacity. An alleged libel upon a person holding a public office charged him with being " an untruthful man," " a pro- fane man," " a libertine ; " with " ruining a young and in- DIGEST OP DECISIONS. 151 nocent lady; " with " boasting of the influence of his office, money, and friends being sufficient to crush any one who should attempt to expose him;" and with drawing "a pistol on a virtuous Christian lady, in the presence of men and women, for no cause other than exposing him in a crime which would send him to the State Prison as a criminal." Held, that these charges related to the person named in his private, and not in his official capacity. A communication, containing charges against the private character of a person holding a public elective office, pub- lished more than a year before the occurrence of the next election, although he has not disclaimed his intention to be a candidate for re-election, is not made upon a privileged occasion, and is not -prima facie privileged. At the trial of an indictment for libel, in publishing a communication containing charges against the private char- acter of a person holding a public elective office, the good faith of the defendant in making the publication has no tendency to show that it was made upon a privileged occa- sion; and, if the presiding judge decides that the occasion was not such as to render the publication privileged, he is not required to make any assumption as to the defendant's good faith. Commonwealth v. Wardiuell, 136 Mass. 164 (1883). TEAWSFEES^ PBEMITS AETD EBVOCATION" OF PEEMIT. A permit to be at liberty may be issued, under the Stat. 1884, chap. 255, sect. 33 (E. L., chap. 225, sect. 117), to such a prisoner, as he has no vested rights, under the Pub. Stats., chap. 222, sect. 20 (K. L., chap. 225, sect. 113), relating to deductions from terms of imprisonment for good conduct; and such a permit need not set forth in terms that it was issued with the approval of the Gov- ernor and Council, and is revocable at any time by the issuing board, in its discretion, without cause shown. A direction by the Board of Prison Commissioners to their secretary, to issue an order for the removal of a pris- 152 DIGEST OF DECISIONS. oner, as well as for his rearrest upon the revocation of such a permit, involves no delegation of authority to the secretary; and such an order requires no seal. A prisoner availing himself of such a permit takes it subject to the liability, in case of its revocation and his rearrest, of being held under his original sentence, sub- ject to the provisions of the Stat. 1884, chap. 255, sect. 34 (R. L., chap. 225, sect. 129), that, " in computing the period of his confinement the time between his release upon said permit and his return to the reformatory shall not be taken to be any part of the term of the sentence." C onion's case, 148 Mass. 168 (1889). HABITUAL CEIMIWAL ACT. The statute relates to the judgment to be rendered and the sentence to be imposed in cases arising after it goes into effect. It is prospective and not retrospective. It deals with offenders for offences committed after its pas- sage, but it provides that, in considering the nature of an offence and the condition into which the offender is brought by it, his previous conduct may be regarded. The mean- ing of the statute in this particular seems clear, and we have no doubt that it is applicable to the case before us. With this construction it is not unconstitutional as an ex post facto law. In punishing offences committed after its passage, it punishes the offenders for a criminal Labit whose existence cannot be proved without showing their voluntary criminal act done after they are presumed to have had knowledge of the statute. Such an act is a manifestation of the habit, which tends to establish and con- firm it, and for which the wrong-doer may well be held responsible. That statutes of this kind are constitutional is settled by well-considered adjudications of this court. Ross's case, 2 Pick. 165; Commonwealth v. Phillips, 11 Pick. 28; Plumhly V. Comynonivealth, 2 Met. 413; Commonwealth V. Hughes, 133 Mass. 496; Commoniuealth v. Marchand, DIGEST OF DECISIONS. 153 ante, 8. Exceptions overruled. Commomuealth v. Graves, 155 Mass. 163 (1892). The Stat. 188Y, chap. 435 (E. L., chap. 220, sect. 21), entitled " An act to provide for the punishment of habitual criminals," does not violate Articles XXIY. and XXV. of the Declaration of Eights, or Article I., sect. 10, or the Fourteenth Amendment, of the Constitution of the United States, and is not unconstitutional. The word " prison," as used in the Stat. 1887, chap. 435, sect. 1 (E. L., chap. 220, sect. 21), is not limited to the State Prison, but includes all places of imprison- ment for crime. Merely formal objections to an indictment to avail should be taken at the trial. Stiirtevant v. Commonwealth, 158 Mass. 598 (1893). PEISOW OFFICEES KOT LIABLE FOE IISTJUEIES SUSTAUSTED BY COlSrVICTS. The plaintiff was serving out a sentence at hard labor in the house of correction, duly imposed upon him for a crime of which he had been convicted, and he was injured by having his hand caught in a planing machine which was used in the room in which Jones was superintendent and instructor, and upon which the plaintiii had been set to work. His contention is that he was in the exercise of due care, and that the machine was defective, out of repair, and dangerous ; that he was not properly instructed in the use of the machine before he was set to work upon it, and that Jones was an incompetent instructor, as Fisk knew or might have Icnown if he had exercised reasonable care in appointing him. His alleged cause of action against Greene and Fisk is that they were negligent in appoint- ing Jones, and in not providing a suitable machine, and against Jones, that he was negligent in not properly in- structing him in the use of the machine. The report recites : " It was not claimed that either the defendant Greene or the defendant Fisk was present in 154 DIGEST OF DECISIONS. said room at the time the injury was received, nor was it claimed that either or any of the said defendants acted or omitted to act in the premises with malice or ill will towards the plaintiff." The presiding justice ruled that neither defendant was liable, and ordered a verdict for all the defendants; and the question is whether there was any cause of action against any one or more of the defendants. We are unable to distinguish this case in principle from the decision in Williams v. Adams, 3 Allen, 171. The de- fendants were public officers performing a public service. Their appointment and duties were prescribed by statute. The relation of master and servant, principal and agent, employer and employee, did not exist between them and the prisoners in their custody. These officers were sub- ject to public supervision, but there is nothing in the statutes prescribing the duties and regulating the conduct of these officers towards the prisoners in their charge which implies that the officers are to be held responsible to the prisoners in an action of damages for any neglect in the discharge of their official duties. It is inconsistent with the purpose for which prisons are established, and with the discipline which must be maintained over prisoners, that the officers should be responsible to the prisoners in private actions for mere negligence in the performance of their duties. See Spear v. Cummings, 23 Pick. 224; White V. Phillipston, 10 Met. 108 ; Diuinnells v. Parsons, 98 Mass. 470 ; Learock v. Putnam, 111 Mass. 499. Judgment on the verdict. O'Eare v. Jones, 161 Mass. 391 (1894). HABITUAL CEIMIlSrAL. MIS.JOINDEE OF COUNTS OF IITDICT- MEWT. EEJECTIOIT OF UNNECESSARY WORDS AS SUR- PLUSAGE. PAROL EVIDENCE. A motion to quash an indictment on the ground that it should not contain allegations of former convictions and sentences of the defendant, with a view to proving that he was an habitual criminal, is rightly overruled, as such al- DIGEST OP DECISIONS. 155 legations, under Stat. 188Y, chap. 435, sect. 1 (E. L., ehap. 220, sect. 21), are not only proper, but necessary. A motion to qnasli an indictment on the ground of a misjoinder of counts is rightly overruled if it is obvious that the indictment M-as intended to charge the defendant in one count with the crime of breaking and entering a building with intent to commit the crime of larceny therein, and with having been twice convicted of crime, sentenced, and committed to prison for terms of not less than three years each, and to charge him in another count with an attempt to commit the same crime, and with having been in like manner previously convicted of crimes and sentenced ; and, the meaning being obvious, imneces- sary words may be rejected as surplusage. At the trial of a criminal case on the question whether or not the defendant was married, an officer at the State Prison at the time when the defendant was said to have been committed, four years before, testified that it was his duty to ask the prisoners certain questions when they en- tered the prison, and to keep a record of the answers, and that the defendant said, in answer to a question whether he was married, that he was not married. The defendant ob- jected to the admission of the evidence, on the ground that the record should be produced. Held, that the entries did not constitute such a record as precluded parol evidence of the facts stated in them. C ommomvealth v. Walher, 163 Mass. 226 (1895). FAXSE IMPEISOXMENT. EEEOE TN COPY OF jriTTTMUS. The keeper of a workhouse is not liable in an action for false imprisonment of a person for a period which exceeds the term for which he was sentenced in consequence of an error in the copy of the mittimus, if the keeper had no reason to think the copy erroneous, and there was no negli- gence on his part in failing to ascertain the existence of the error. Martin v. CoUins, 165 Mass. 256 (1896). 156 DIGEST OF DECISIONS. EEEOE IN" SENTEH"CE. HABEAS COEPUS. WEIT OF EEEOE. Where there is error in a sentence in that it did not include solitary imprisonment, the remedy is by writ of error, and not by petition for a writ of habeas corpus. Holmes^ J. We assume, as contended for the petitioner, that there was error in his sentence because it did not in- clude solitary imprisonment. Lane v. Commonwealth^, 161 Mass. 120, 122. But on a writ of error this coiild be corrected. Pub. Stats., chap. 187, sect. 13. Jacquins v. Commonwealth^ 9 Cush. 279; Sennotfs case, 146 Mass. 489, 494. The case is not like Ex parte Lange, 18 Wall. 163, where the petitioner was liable only to fine or im- prisonment, but was sentenced to both, had been impris- oned, and had paid his fine. In that case it was held that the court had no jurisdiction to impose a new sentence of imprisonment. See also Feeley's case, 12 Cush. 598, 600. But in the case at bar the prisoner's sentence is correct as far as it goes, he has suffered nothing that is not con- sistent with the further penalty which he says ought to be imposed upon him, and there is nothing to hinder that being added before his term expires. It is true that, by Pub. Stats., chap. 215, sect. 23 (E. L., chap. 220, sect. 25), " in the execution of such sentence, the solitary imprison- ment shall precede the punishment by hard labor, unless the court otherwise orders," but that can be met, if neces- sary, by an order in the amended sentence. Manifestly, it would be an absurd result if the peti- tioner could get his discharge on habeas corpus when he could not get it by a regular proceeding to reverse his sentence. But whether the sentence could be corrected or could not be, the rule which has been approved by this court denies relief by habeas corpus when the court has jurisdiction to sentence the petitioner and errs simply in regard to the extent of the punishment. Sennott's case, 146 Mass. 489, 492, 4:9Z; Feeley's case, 12 Cush. 598, 599. See Ex parte Bigelow, 113 U. S. 328 ; In re Belt, 159 U. S. 95. Morehouse Stalker, petitioner, 167 Mass. 11 (1896). DIGEST OF DECISIONS. 157 WEIT OF EEEOE. VALIDITY OF SEITTEN-OB. UNCOH-STITU- TIOKALITY OF EX POST FACTO LAW. STATUTE. On a petition for a writ of error to reverse a sentence of the superior court, by which the petitioner was confined in the State Prison, it appeared that the oifences of which he was convicted were committed between July 19, 1892, and ISTov. IT, 1893, but that he was sentenced on May 28, 1896, under Stat. 1895, chap. 504, entitled " An Act rela- tive to sentences to the State Prison," which took effect on Jan. 1, 1896. As the law stood when the offence was committed, the petitioner was entitled to a deduction for good behavior, and to a permit to be at liberty for the time thus deducted on such terms as the Prison Commis- sioners should fix and subject to revocation by them. Held, that, as to the petitioner, the statute of 1895 was void as an ex post facto law, and that the case must be remanded to the superior court for sentence, according to the law as it was before the passage of the statute. Murphy v. Com- monwealth, 1T2 Mass. 264 (1899). COSrSTITUTIONAL LAW. EQUAL PEOTECTION" OF THE LAW. EX POST FACTO LAW. CEUEL AND UNUSUAL PUNISH- MENT. INDICTMENT. PLEADING. COUNSEL FOE PEIS- ONEE. HABITUAL CEIMINAL ACT. The Stat. 1887, chap. 435 (K. L., chap. 220, sect. 21), relative to the punishment of habitual criminals, is not an ex post facto law, it does not deprive a person sentenced under it of the equal protection of the laws in violation of Article XIV. of the Amendments to the Constitution of the United States, nor is the provision thereof that a person on trial on a charge of felony may be shown to have twice before been convicted of crimes committed in this or another State, or both, unconstitutional as denying to him a fair and impartial trial. Although it is necessary in order to sentence a person as an habitual criminal under the Stat. 1887, chap. 435, 158 DIGEST OF DECISIONS. to allege and prove tliat he has twice before been convicted of crime, the previous convictions do not of themselves con- stitute a crime, and if in the indictment words importing the beginning of a new count precede the allegation of previous convictions they may be rejected as surplusage. Article VI. of the Amendments to the Constitution of the United States does not apply to States or to proceedings in State courts, and there is no constitutional or statutory provision in this Commonwealth guaranteeing counsel to a prisoner unless he is charged with a capital crime. A person may be lawfully sentenced as an habitual crim- inal under the Stat. 1887, chap. 435, although unrepre- sented by counsel at his trial, when it appears that his rights were then carefully guarded and stated and explained to him. The Stat. 1887, chap. 435, providing for the punishment of habitual criminals, does not impose a cruel and unusual punishment within the meaning of Article "VIII. of the Amendments to the Constitution of the United States, which does not apply to States, nor is the statute in viola- tion of Article XXVI. of the Declaration of Kights, which is directed to courts and not to the Legislature. At the trial of an indictment which contained counts for forging and uttering certain checks, and an allegation that the defendant was an habitual criminal, the judge charged the jury, they retired, and afterward came into court to render their verdict. In response to inquiries of the clerk, they returned a verdict of guilty upon each count, and when the clerk was about to inquire of them in regard to the habitual criminal charge the judge arose and said that he had forgotten to charge upon that, and proceeded so to do, after which the jury again retired, returned into court, and rendered a verdict of guilty upon that part of the indictment. Held, that this procedure was not im- constitutional or prejudicial to the defendant. Under an assignment of error, if it may be called such, in a writ of error, that the prisoner waives no rights DIGEST OF DECISIONS. 159 either under the Constitution of the United States or of this Commonwealth apparent on the records, but not stated m detail in the assignments of errors, no error is alleged ; and there is nothing for this court to consider. McDonald V. Commonwealth, 173 Mass. 322 (1899). MODIFYING ORIGINAL SENTENCE. IMPOSING SENTENCE AT A SITTING OF THE COUET FOE CIVIL BUSINESS. On Dec. 3, 1897, a person, having been found guilty of obtaining property by false pretences on Oct. 31, 1894, was immediately sentenced to imprisonment in the State Prison for not less than three or more than five years. After announcing the sentence the clerk said, " Mr. Sheriff, the prisoner at the bar is in your custody under sentence." Exceptions having been taken, the judge soon after, at the defendant's request, made an order staying the execution of the sentence, and the prisoner, who had remained in the court-room with the sheriff, was admitted to bail. ISTo transcript under Pub. Stats., chap. 215, sect. 25 (K. L., chap. 220, sect. 30), was ever delivered or made out. The exceptions, having been argued in this court in Octo- ber, 1898, were overruled in I^ovember, 1898. On the re- ceipt of the rescript the defendant was not present in the superior court and was defaulted. A capias was issued, on which he was arrested and brought before the court on Jan. 16, 1899, at a regular sitting for the transaction of civil business, the district attorney moving that such sen- tence should be imposed as would be applicable, having informed the judge that the original sentence was under Stat. 1895, chap. 504 (E. L., chap. 220, sect. 20), which had been held by this court inapplicable to offences com- mitted before Jan. 1, 1896. The judge, against the de- fendant's objection and subject to his exception, sentenced him to a term of three years in the State Prison, the first day of which was to be in solitary confinement, and the balance at hard labor. Held, that the judge had the power to modify the original sentence and make it conform to 160 DIGEST OF DECISIONS. the law, and that the objections that the sentence could not be imposed at a sitting of the court for the transaction of civil business, and that the judge was engaged in the trans- action of civil business a little before and a little after imposing it, could not avail. Commoniuealth v. O'Brien, 175 Mass. 37 (1899). IWDICTMEWT. EXCEPTION'S. HABITUAL CBIMINAL. CON- TINUOUS IMPRISONMENT UNDER PREVIOUS COMMITMENTS. Exceptions to the refusal to give rulings requested, which relate to the duty of the jury upon all the evidence, will be overruled, if the bill of exceptions states no evidence. It is no objection to the sufficiency of an indictment under the habitual criminal act, Stat. 1887, chap. 435 (E. L., cha]5. 220, sect. 21), that the sentence imposed upon the second previous conviction alleged in the indictment took effect from the expiration of the sentence imposed upon the first previous conviction alleged, so that there was no inten^al of liberty between the two terms of imprisonment. Commonwealth v. Richardson, 175 Mass. 202 (1900). ILLEGAL SENTENCE. Where a prisoner was sentenced for a period longer than authorized by the statute under which he was indicted, the sentence was reversed on writ of error, and the case re- manded to the superior court for sentence by that court according to law. Smith v. Commonwealth, 178 Mass. 340 (1901). DEATH PENALTY. Whether the provision of the Massachusetts Declaration of Eights that " !N"o magistrate or court of law shall . . . inflict cruel or unusual punishments " applies to punish- ments provided by statutory enactment, also, whether the prohibition extends to punishments which are unusual but not cruel, rjiirere. Stat. 1898, chap. 326, sect. 6 (E. L., chap. 220, sect. 40), providing that the punishment of death shall be inflicted DIGEST OF DECISIONS. 161 by causing a current of electricity to pass through the body of the convict, does not inflict a cruel or unusual punishment within the meaning of Article XXVI. of the Massachusetts Declaration of Eights. The punishment is death ; and the adoption of new means, for the purpose of producing death as swiftly and painlessly as possible, is not forbidden by the Constitution, although the means adopted be the result of discoveries of recent science not previously known in Massachusetts. The provision of Stat. 1898, chap. 326, sect. 2 (E. L., chap. 220, sect. 38), that after delivery to the warden of the State Prison of a convict sentenced to death, the pris- oner shall be kept in a special cell and only certain persons allowed access to him without an order of court, does not and is not intended to prevent the presence of the prisoner in court in any matter which properly may be broiight up in court and which by the course of law or treaty requires his presence. The provision of Stat. 1898, chap. 326, sect. 3 (E. L., chap. 220, sect. 39), leaving it to the warden of the State Prison to select the day within the week appointed by the court on which a prisoner sentenced to death shall be exe- cuted, was not intended to aggravate the prisoner's dis- tress by enhancing his suspense, and does not inflict a punishment. The purpose is humane, and the possible un- certainty for a brief period as to the exact time of execu- tion is not a part of the punishment. Storti v. Common- wealth, 118 Mass. 549 (1901). COWSTITUTIOWAL LAW. EX POST FACTO LAWS. On a petition for a writ of habeas cor pus , it appeared, that the petitioner had been spntenced to death and had been committed to the warden of the State Prison under Stat. 1898, chap. 326 (E. L., chap. 220, sect. 38), which required, that from the time of delivery to the warden until his execution or discharge a convict imder sentence of death should be kept in a cell provided for the purpose. 162 DIGEST OF DECISIONS. and that no person should be allowed access to him without an order of the court, except the officers of the prison, his counsel, his physician, a priest or minister of religion, if he should desire one, and the members of his family. This was amended by Stat. 1901, chap. 520, sect. 1 (E. L., chap. 220, sect. 38), so as to read: "except the officers and employees of the prison, his counsel, and such physi- cians, priest or minister of religion as the warden may approve, and the members of his family, who are identified to the satisfaction of the warden," and then was added: " If the execution of the death sentence is respited by the governor, or otherwise delayed by process of law, the con- vict may, in the discretion of the warden, be confined in one of the cells in the solitary prison established by " Kes. 1894, chap. 109. It was contended that the warden had no authority to hold the petitioner in custody except under Stat. 1901, chap. 520, and that as against the petitioner that statute was unconstitutional and void as ex post facto. Held, that no rights were conferred upon the prisoner by the statute of 1898, which related to matters of prison dis- cipline, containing merely restrictions on the warden and directions for keeping the prisoner until execution, and that the persons mentioned as possibly having access to him were mentioned only by way of exception to the general exclusion of all others, the excepted persons remaining sub- ject to Pvib. Stats., chap. 221, sects. 33-35, requiring a per- mit and authorizing the warden to exclude any one " when it appears that such admission would be injurious to the best interests of the prison " ; moreover, that no change was made by the statute of 1901 in the persons who might be allowed access to the prisoner; and that the statute of 1898 more clearly than that of 1901 permitted solitary confinement; and that, if all the foregoing propositions were otherwise, it would not follow that the petitioner should be discharged, as the mode of confinement is no part of the punishment. Storti's case, 180 Mass. 57 (1901). DIGEST OP DECISIONS. 163 PEOBATION. PRACTICE, CRIMINAL, EXCEPTIONS. Although E. L., chap. 217, sect. 84, requires that a per- son released on probation shall be furnished by the pro- bation officer with a written statement of the terms and conditions of his release, and although a probation officer who is surety on the recognizance of a defendant, when informed by a third person that the defendant has broken the terms of his probation, should make an investigation to determine whether the information is correct before sur- rendering the defendant to the court, yet if the probation officer without having done either of these things sur- renders the defendant to the court where his case is pend- ing, it is within the discretion of that court to determine whether the defendant has violated the terms of his recognizance or of the oral arrangement between him and the Commonwealth and whether the probation officer, as his surety, was justified in surrendering him into court, as well as whether the defendant's conduct has been such that sentence should be imposed under K. L., chap. 220, sect. 2. Commonwealth v. McGovern, 183 Mass. 238 (1903). 164 OPINIONS OP THE ATTOENEY-GENEEAL. ABSTRACT OPINIONS OF THE ATTOENEY-GENEEAL. TEANSFEE OF PEISONEE "WHOSE PEEMIT TO BE AT LIBERTY HAS BEEN" EEVOKED. Under date of Juae 21, 1888, the attorney-general in reply to the question : " Have the Commissioners of Prisons (now Prison Commissioners) the right when a permit to be at liberty from the Massachusetts Reformatory is revoked, to order a transfer of the prisoner to a jail or house of correction, without a re-commitment to the Ke- formatory ? " gave an opinion that : " When a permit to be at large has been revoked the prisoner is practically remanded to the former status under the sentence and mittimus, and is subject to such transfers as he was sub- ject to prior to his release." TEAWSFEE OF PEISONEES WITHOUT COMMITMEITT. In reply to a question as to the transfer of a prisoner, the attorney-general sent the following communication under date of Dec. 12, 1888. " I have the honor to reply to yours of the 26th ult. asking if a prisoner now serving a six months' sentence in the House of Industry, and while serving said sentence, has been convicted and sen- tenced to eighteen months' imprisonment in the House of Correction, the last sentence to take effect at the expiration of the first, can be transferred by the Commissioners of Prisons (now Prison Commissioners) to the Massachusetts Reformatory to serve the House of Correction sentence, without being committed to the House of Correction. I OPINIONS OP THE ATTORNEY-GENERAL. 165 am of the opinion that such prisoner cannot be transferred till he is actually committed to the House of Correction in the execution of the sentence thereto." PEISONEE. COMMUTATION" OF SEWTEN'CE. Pub. Stats., chap. 222, sect. 20 (E. L., chap. 225, sect. 113), authorizes the commutation of the sentence of a pris- oner sentenced for different terms in different institutions on the basis of the aggregate of the sentences. In compliance with the request of Tour Excellency and the Honorable Council for my opinion upon the questions submitted in the vote of April 15, I have the honor to say that in my opinion the sentence of a prisoner in a house of correction, v^ho is, upon the expiration of the sentence he is then serving, to be committed to another institution to serve an additional sentence, can be commuted upon the basis of the aggregate of the sentences; and that the same is true of a sentence to a house of correction av^arded by the court to take effect on and after the expiration of a previous sentence to another institution. The language of Pub. Stats., chap. 222, sect. 20, is broad enough to include the case of sentences to different institutions; and the reason of the statute seems to apply v?ith as much force to that case as to the case of several sentences to the same institu- tion ; and the history of the legislation on the subject in- dicates that the provision was intended to apply to both. — Op. Atty.-Gen., I., 9 (1891). HOUES OF XABOE IN STATE INSTITUTIONS. TEACHEES. LA- BOEEES^ WOEKMEN AND MECHANICS. Stat. 1890, chap. 375 (E. L., chap. 106, sect. 19), does not prohibit the employment of labor in State institutions for more than nine hours a day, if such labor is contracted for and paid for by the hour. A teacher is neither a laborer, workman nor mechanic, within the meaning of the statute. 166 OPINIONS OF THE ATTORNEY-GENERAL. The words " laborers, workmen and mechanics " are used in a technical and restricted sense in the statute, and do not apply to persons having powers and duties of an official character, distinct from ordinary employment or service. — Of. Atty.-Gen., I., 10 (1891). EEGISTEATION OF CEIMINALS. BEETILXON SYSTEM OF MEAS- UKEMEWT. trWITED STATES PEISONEES. Stat. 1890, chap. 316 (E. L., chap. 225, sect. 18), re- quiring measurement of prisoners by the Bertillon system, applies to United States prisoners at the Massachusetts Reformatory. In reply to your request for my opinion upon the ques- tion whether United States prisoners at the Massachusetts Reformatory are included in the requirement for measure- ment by the Bertillon system, under Stat. 1890, chap. 316, I have the honor to say that, as the Legislature imdoubt- edly has power to apply the requirement to such prisoners, and as they are not expressly excepted from the operation of the act, and as I find nothing in it to indicate any pur- pose of the Legislature that they should be excepted, it is, in my opinion, to be applied to them. This conclusion is strengthened by the fact that, in other statutes bearing upon the confinement of United States prisoners in our prisons, they have sometimes been made the subject of express ex- ception, and the absence of any such expression in this case has some tendency to indicate the purpose of the Legislature to make no such exception. — Oip. Atty.-Gen., I., 27 (1891). PAEOLE LAW. CONVICT. COWSOLrDATIOW OF SENTENCES. A convict was committed to the State Prison upon a sentence of ten years. Later in the same year he was sen- tenced for another offence to a term of five years, to take effect from and after the expiration of the sentence he was then serving. The two sentences cannot be added together OPINIONS OP THE ATTORNEY-GENERAL. 167 and construed as one sentence, for the purpose of bring- ing the case within the terms of Stat. 1895, chap. 252 (E. L., chap. 225, sect. 114). — Op. AUy.-Gen., I., 324 (1896). PEISON COMMISSIOWEES. VACANCY IN THE BOAED. PAEOLE OE PEISONEES. Pub. Stats., chap. 219, sect. 1 (R. L., chap. 222, sect. 1), provides that there shall be five Commissioners of Prisons (now Prison Commissioners) ; but if for any reason a vacancy occurs, it is still a lawful Board, and has a right to parole a prisoner from the State Prison, under Stat. 1897, chap. 206, sect. 1 (E. L., chap. 225, sect. 114).— Op. Atty.-Gen., I., 48Y (1897). CONVICT. COMMUTATION OF PUNISHMENT. GOVEENOE AND COTJNCIE. SHEEIEP. EEMOVAL OP PEISONEE. When the Governor and Council have commuted the pun- ishment of a convict, and caused a warrant for the purpose to issue to an officer, their jurisdiction in the matter has ended, and the prisoner is thereafterwards to be held as though the sentence provided for by the order of commuta- tion had been imposed by the court. Their assent, therefore, to the removal of the prisoner from one jail to another would not give a sheriff any au- thority to remove her in addition to what he now has by Pub. Stats., chap. 220, sect. 2 (E. L., chap. 224, sect. 5). — Op. Atty.-Gen., I., 516 (1898). PAEOLE LAW. UNITED STATES PEISONEES. PEISON COM- MISSIONEES. The Commissioners of Prisons (now Prison Commis- sioners) have no such authority to release prisoners from the State Prison, sentenced there by the United States courts, as they have under the parole laws to release pris- oners sentenced there by the State courts. — Op. Atty.- Gen.,1; 541 (1898). 168 OPINIONS OF THE ATTORNEY-GENERAL. PAUPEE. DEAD BODY. PEOMOTIOl^ OE AH"ATOMICAIi SCI- ENCE. By Stat. 1898, chap. 479 (E. L., chap. 77), an act relative to the promotion of anatomical science, the officials named therein must surrender to medical schools, upon proper application and the giving of a bond as prescribed, such bodies as would otherwise be buried at the public ex- pense. After such application, the officials cannot bury the body at the public expense. The terms of the bond, as required by the statute, pro- hibit the return of such bodies. — Op. AUy.-Gen. (1899). COUNTY ACCOUNTS. OEPICEES. SEEVING OF WAEEANTS. FEES. Officers serving warrants are entitled to charge for ser- vices and expenses. The charge for services comprises fifty cents for each person upon whom service is made and an allowance for " travel." Expenses are limited to actual and necessary disbursements, and may be charged in addi- tion to the item of constructive travel. Railroad fares are not included in " travel," and may be charged in addition thereto. If an officer has charged twice for expenses, the amount may be withheld in any further settlement between him and the paymaster or clerk whose duty it is to pay him. If an officer knowingly charges for expenses which he did not incur, it constitutes the offence of obtaining money under false pretences. — Op. AUy.-Gen. (1899). EEI.EASE OF PEISONEES ON PROBATION. Eeplying to a question as to the construction of chapter 227, of the Acts of 1902, relative to the release of prisoners on probation, the assistant attorney-general wrote as fol- lows under date of Dec. 10, 1902 : " You state that a OPINIONS OF THE ATTORNEY-GENERAL. 1(59 prisoner was sentenced to two years' imprisonment but that tinder section 113 of chapter 225 of the Revised Laws, he has become entitled, through good behavior, to a de- duction of three days per month, and ask whether the six months' time is to be reckoned from the expiration of the sentence before or after making the deduction. I have the honor to advise that while the legislative intent is not free from doubt, in my opinion, the time is to be reckoned after making the deduction for good behavior. The other construction would be unequal in its application to different prisoners being of less effect in case of a well behaved prisoner serving a long term than in case of such a prisoner serving a brief term." LIST OF STATE AND COUNTY PRISONS (EXCEPTING SCHOOLS FOR JUVENILE OFFENDERS).* State Institutions. NAME OF PRISON. Location and P. O. Address. Name and Title of Principal Officer. State Prison, Massachusette Reformatory, . Reformatory Prison for Women, . State Farm, Temporary Indastrial Camp for Pris- oners. Boston; P. O., Charlestown, Concord; P. 0., Concord Junc- tion. Sherborn; P. O., South Framing- ham. Bridgewater; P. O., State Farm, Rutland; P. O., "West Rutland, . Benjamin F. Bridges, Warden. Charles 8. Hart, Superln- tendent. Mrs. Frances A. Morton, Superintendent. Hollls M. Blackstone, Superintendent. William A. Witham, Super- intendent. Jails and Houses of Correction. [Places marked with a f are jails only; those marked with a % are houses of correction only. All others have a jail and house of correction combined.] COUNTY. Location and P. O. Address. Name of Keeper or Master. Barnstable, Pittsfield New Bedford, . . . . Taunton, t Edgartown,! Ipswich, t Lawrence, Newburyport,! . . . . Salem, Greenfield, Springfieldf Northampton , . . . . Cambridge; P. O., East Cam- bridge. Lowell, t Nantucket, Dedham, Plymouth, Boston; Charles Street, f Boston ; Deer Island, Boston Har- bor.t Fitchburg Worcester, George H. Cash. John Nicholson, Sheriff, J. Arthur Taylor. I. Granville Carrier. Eben D, Earle. Howard G. Laoe. Charles A. Sttllings. Charles L. Ayers. Sam'l A, Johnson, Sheriff. Charles 8. Richardson. Embury P. Clark, Sheriff. Jairus E. Clark, Sheriff. John R. Fairbairn, Sheriff. Alvah S. Baker. Frederick F, Parker. Samuel H. Capen, Sheriff. Henry S. Porter, Sheriff. Fred H. Seavey. Sheriff. James R. Gerrish. B.D.Dwinnell. R.H. Chamberlain, Sheriff. • The institutions maintained by the State for the imprisonment of juvenile offenders are the Lyman School for Boys at Westborough (to which boys under the age of fifteen years may be com- mitted) and the State Industrial School for Girls at Lancaster (which receives female offenders under the age of seventeen). (170) BOAED OF PEISON COMMISSIONERS, STATE HOUSE, BOSTON. FREDERICK G. PETTIGROVE, Chairman, MARGARET P. RUSSELL, MARY V. O'CALLAGHAN, HENRY PARKMAN, ARTHUR H. WELLMAN, Commissioners. Secretary, J. WARREN BAILEY, (171) INDEX. Accounts of institutions, how kept "'yI Advances of money from treasury, 80 Age limit of prisoners to Massachusetts reformatory, 16 137 Agents of prison commissioners : for aiding convicts discharged from state prison, 75 for aiding discharged female prisoners, 7(5 for securing employment, etc, 75 to record identification, 39 AGRictTLTURE, hoard of, to give information to prison commissioners, ... 53 Aid to discharged prisoners, 54 75 76 77 Annual returns from prisons 35 Appeals, withdrawal of 130 Appropriations, annual, 23 purchases not to exceed, ■••........ 80 Arbitration of suits, 22 Arrest, order of, by commissioners, how served, ....... 72 Arrests, returns of, hy police, .... 8 Attokney-qbneral. (See Opinions.) Auditor to prescribe form of accounts, etc., 79 Autopsies may he made 92 Bail, custody of persons surrendered by, ... ..... 105 in criminal cases, ............. 125 in Suffolk county . 124 Bastardy case, custody of defendant 92 Bertillon system of identification 38 Bible to be furnished to inmates of jails, etc., 67 Births in prison, notice of, to be given 85 Board of prison commissioners. (See Prison Commissioners.) Bond : subordinate officers of state prison to give, . . . . . . . . ' 1,3 superintendent of Massachusetts reformatory to give, 16 deputy-superintendent to give, when 17 superintendent of the reformatory prison for women to give 19 deputy-superintendent to give, when, 20 superintendent of temporary industrial camp to give, 53 warden of the state prison to give, 11 deputy-warden to give, when, 12 Books and papers in jails, etc., .... 57 Boston: penal institutions commissioner of 72 Box for keeping warrants, etc., ........... 34 Boy under sixteen not to be sentenced to state prison, ...... 134 174 INDEX. Page Bribery of officers ; penalty, etc., Ill, 116 Bucket, suitable, to "be provided 30 BniLDiNGS, plans for, to be approved by prison commissioners, 84 no expense for alteration without special appropriation, ..... 81 BuKiAL of prisoner, ............ 29 place at reformatory prison for women, 19 Calendar of prisoners, 33 Camp for prisoners, temporary industrial, B3 Chairman OF PRISON COMMISSIONERS, appointed by governor, .... 5 powers and duties of board may be delegated to, ...... . 5 Chaplain : of Massachusetts reformatory, duties, etc., 17 of reformatory prison for women, duties, etc., ....... 20 of state prison, duties, etc., . . ........ 13 Child under eighteen months old may be committed with mother, . . . . B7 City or town clerk to return list of police, 100 Civil war, soldier or sailor of, body not to be given lor dissection, .... 91 Clerks or courts to make reports, . . 7 to send names of probation officers, . ....... 128 Clothing, rules as to, . ........... 6 Commissioners. (See County; Prison; Penal Institution.) Commission, not to be taken by public officer, ........ 110 Conditional sentence, ... . 121, 133 Constables to make return of arrests to prison commissioners, .... 8 Consumption, hospital for treatment of ,.......,. 61 Contagious diseases, removal of prisoners having, . .... 89 Contracts by warden and superintendents to be approved by prison commission- ers, . 21 Contracts lor supplies by year, 22 Controller of county accounts, .......... 86 County commissioners : houses of correction, to provide 26 rules, to make, enforce, etc., ........... 26 inspectors of prisons, duties as, . 24 permits to be at liberty, issue by 66, 68 release of prisoners on probation, 69 salaries of officers, etc., to fix, .......... 28 supplies, to furnish, etc., . . ........ 31 County officers, payments by, to treasurer 85 County treasurer to make returns to prison commissioners, ..... 85 County, warrant for commitment out of ......... . 138 Courts. (See Clerks; Decisions; Superior Court.) Dead bodies, disposal of, ............ go Death sentence, how executed, . . ...... 138 Deaths in prison, notice of, to be given, ......... 85 Debtors of commonwealth, discharge of, . . . ... 102 Decisions of supreme court : as to allowance of compensation to keepers, ....... 147 as to commutation of sentence for good conduct, ...... 147 as to continuous imprisonment, ...... .... 160 INDEX. 175 Decisions of supreme covrt — Concluded. as to counsel for prisoner, as to cruel and unusual punishment as to death penalty, as to discharge of poor convict, as to error in copy of mittimus, as to error in sentence, . as to escape from custody, as to ex post facto law, . as to false imprisonment, as to habeas corpus, as to habitual criminal, . as to illegal sentence, as to jailer's record as evidence, . as to libel upon public officer, as to parol evidence, as to permit and revocation of permit, as to premises of county prisons, as to prison officers not liable for injuries sustained by as to prison records, as to probation, .... as to return for violating conditions of pardon, as to sentence not abated by escape, as to support of poor debtor, . as to surrender by bail, . as to transfers, as to use of jails, . as to validity of sentence, as to warden summoned as trustee, as to writ of error, . Delay of process, how punished, Discharged prisoners, aiding, . Discipline and treatment. Disease, removal of prisoner on account of, Dissection. (See Dead Bodies.) District attorney to send history of prisoner. District police officer, special, etc., Disturbance of prisons; penalty, .... Domestic service, female prisoner may be bound to. Drugs, penalty for giving, to prisoner. Drunkenness, arrests for, etc Engraving and printing, restrictions as to, . Escape: aiding ; penalty, .... . . prisons, generally, from, reformatory prison for women, from, sheriff liable for fines, etc., when, state farm, from state prison, from, .... officer suffering; punishment, temporary industrial camp, . convicts. 152, Page 157 157 160 146 156 156 li8, 149 167, 161 165 166 164, 157, 160 160 148 150 154 151 148 163 147 149, 163 150 148 147 146 161 147 157, 159 146 156, 167 116 76,77 41^3 30, 60, 89 39 65, 97 116 64 113 117 44 64, 75, 111 115 112 113 112 143 96 112 116 64 176 INDEX. Expense of commitment, how paid, . of removal of prisoner of support, ....... unusual, not incurred without appropriation. Fees, employees not to take, of salaried oiHcials, .... to be paid into treasury, Female prisoner, pregnant, may be removed to workhouse, when. Fines and forfeitxtres, general provisions, Fine, time prisoner may be held for, . Finger prints to be used for identification. Fireproof vaults to be provided. Fire, removal of prisoners in case of, . Fiscal year established, .... Fugitives from justice, support of. Gag, punishment by use of, forbidden ; penalty. Governor and council: may grant conditional pardon may release habitual criminals from state prison on permit, to approve rules, when, . to visit state prison annually, etc.. Page 64 64 31,64 81 141, 84 108 81 60 143 71 39 Habeas corpus proceedings, . Habitual criminals, penalty, etc., . Highway commission to give information Hospital, prisoners may be placed in. Hospital prison for consumptives. Hours of labor for employees. House of correction, general provisions. House of reformation may be established etc.. 26, Identification of criminals Income to be returned by items, . Indeterminate sentence : to Massachusetts reformatory, to reformatory prison for women, . to state farm, . ..... Industrial school for girls, transfers from. Industries, --. Infectious diseases, removals for, Injury of property, .... Ink for records, ..... Insane, county receptacle Insane criminals, asylum fob. Insane prisoners, removals of. Insolvent debtor, discharge of, . . . Institutions, list of, . .... Instruction in jails and houses of correction, . Insurance not permitted, except. Intoxicating liquors, officers who use, as a beverage, to be removed. Invoice books, ... ..... 31 78 122 43 74 68 6 10 106 )8, 135 51, 53 60 61 29 28-32 27 38, 39 81 137 18 96 69 45 89 109 88 99 97 62,98 100 170 57 81 37 35 Index. 177 Jailer, how appointed, Jails, general provisions, .... . . Judgment debtors, discharge of, . . . Jury duty, prison officers exempt from. Keeper, appointment of, etc., ...... Labor op prisoners, general provisions, . Land, prisoners may work on, ... ... Letters, prisoners may write, to certain officers. Light for reading to be provided. Liquor, intoxicating, penalty for furnishing to prisoners. Log and chain, use of, etc., . ..... Lord's day, bail may be taken on, Lyman school for boys, transfer from, to Massachusetts reformatory, Male and female prisoners not to be transported together, Massachusetts reformatory : general provisions, permits from, . ........ removal of prisoners to and from, . . . . . rules for officers, etc., made by commissioners, sentences to be indeterminate, except, .... superintendent, appointed by prison commissioners. Master of house of correction, appointment of. Maximum and minimum form of sentence to state prison. Mesne process, support of debtor, etc.. Militia, prison officers exempt from enrolment in, . Mittimus, abstract of, when female committed. Money and other property, record of, to be kept, Moral and religious instruction to be provided, Murderer, body of, may be dissected, Page 28 26 103-106 106 28 46 41 55 57 113 44 125 68 123 15 Non-support, imprisonment for, Oaths, subordinate officers of state prison to take Office forfeited by sentence for crime. Office hours of departments, .... Officers may be transferred from jails and houses of correction to state institutiom unfaithful and incompetent, to be removed. Opinions of attorney-general : as to commutation of sentence, etc., as to consolidation of sentences, as to county accounts, .... as to dead body, ..... as to fees for serving warrants, as to hours of labor, as to laborers, workmen and mechanics, as to parole of prisoners, as to pauper, . . ... as to registration and identification of criminals as to removal and transfer, as to United States prisoners, as to vacancy in board of prison commissioners, 68, 69, 60 ,61 6 137 16 28 135 101 83 29 33 57 91 120 12 136 84 utions. 36 . 36, 37 165 167 166 168 168 168 165 166 166, 167 168 168 166 164 167 166 167 167 178 INDEX. Page Pakdons, provisions concerning, ........ .74 Penal institutions commissionbe of Boston: may release prisoners on permit, . . ..... 66, 69, 70 to appoint master of tiouse of correction, ... .... 28 to cause rules to be observed, . . ..... 26 Permits to be at libeety: to prisoners in jails and houses of correction, ...... 66,69,70 in Massachusetts reformatory, in reformatory prison for women, . . . . . . 19, 68 in state farm, . ....... 69, 96 in state prison, . 66-68 in temporary industrial camp for prisoners, ..... .54 Peksonal liberty, protection of, ... .... 107 Pestilence, removal of prisoners in case of, . . ..... 89 Photographs to be made of prisoners, ..... 40 Plans of buildings to be approved by prison commissioners, .... 84 Police officers to make report of arrests, clerks of cities and towns to send names of, . Poor debtors, provisions respecting, . . . ... 45, Prices, board to determine, ..... Printing not to be done in jails or houses of correction, Prison commissioners : annual report to legislature, .... appointment, number, term, etc., of, . women, appointment of , . . . chairman designated by governor, powers of board may be delegated to, except, clerical assistance, ....... duties and powers of, in general, expenses, payment of actual, interest in contracts, etc., forbidden, secretary, ai^poiutment and tenure. Probation officers, and duties, . ... 69, 117, 119, conference of, may be called by prison commissioners. Process for service within prison to be served by prison oiEcer, Property, injury of, by prisoners, ... Public land and buildings, prisoners may work on. Public service corporations, public officers not to make request Punishments in prison , . ... Purchases not to exceed appropriations, .... Eeceipts from labor to be paid into treasury, .... Eefoematory for male prisoners. (See Massachusetts Reformatory.) Reformatory prison for women: general provisions, ... permits from, . . ..... place of burial for prisoners at, removal of prisoners to and from, .... rules for officers, etc., made by commissioners, sentences to be indeterminate, except, . sewage disposal at, superintendent appointed by prison commissioners, water supply, watchman to protect. of. 100 71, 102 49 44 6 5 5 5 6 6 5 5 5 126-130, 132 128 .34 109 42 144 43-45 80 50 58, 18 19 19 59,60 6 18 23 19 21 INDEX. 179 Befobm school. (See Lyman School for Boys.) removals from, ........ Register of prisoners, .... Registration and identification, .... Release on probation, ..... Religious belief, prisoners not to be denied free exercise of, but discipline not be Impaired thereby Removal of prisoners, in general, ... . . having contagious disease, .... not to change sentence, ... ... Removals and suspensions from office regulated, . Rescue of prisoners, penalty for, . . . Revocation of permits Road material may be made by hand or foot power. Rules, to be made by prison commissioners: for exercise of unemployed prisoners, . for jails and houses of correction, for Massachusetts reformatory, ... . . for reformatory prison for women, for state prison, .... for teaching illiterate prisoners, for temporary industrial camp for prisoners, for witnesses in jails, . " . . . . Rutland, hospital prison at, .... . Sabbath school may be maintained in state prison. Sailor or soldier, body of, not to be dissected, Saturday, release on, when term expires on Sunday, School : in jails and houses of correction, . . . . in Massachusetts reformatory, in reformatory prison for women, . in state prison Secretary, appointed by prison commissioners, duties, salary, etc., .... Sentences : general provisions, pending exceptions or appeal, removal of prisoner not to affect, . second, warrant for, how served, . superseded, when, .... suspended by the court, .... to house of correction or jail, to Massachusetts reformatory, to reformatory prison for women, . to state farm, . . to state prison, ..... Sheriff : compensation as jailer, etc governor to appoint, when, . house of correction, to control, except in Suffolk, jail, to control, in county to 68 33 39 69 55 58 63 145 . 112 . 72, 73 51 6 6 6 . 6,18 53 122 61 56 91 73 57 56 20 56 5 6 131-141 . 132 63 138 136 131 26, 133-136 . 137 18 96 136 . 28, 86 ,30 28 28 180 INDEX. Page Sheriff — Concluded. punishment, to oversee, .... . . . . 44 superior court, to report number of prisoners to, . . ... 27 Sick pkisoneks, discharge and care of, . . . .73 Small-pox. (See Vaccination.) Smuggling articles into prison ; penalty, . . . . 113, 115 Soldier or sailor, body of, not to be dissected, . . 91 Solitary imprisonment : cells for, size of, . . . . . . . 45 in jails or houses of correction, . ... 43-45 in state prison, ..... . .43 records of, to be kept, . . . ... 33 prison commissioners to supervise, ........ 33 Solitary labor of prisoners in state prison, ... .43 Spanish WAR, soldier or sailor in, body of, not to be dissected, . 91 Special district police officer, . . . . . 65, 97 State asylum for insane criminals, ..... . 97 State board of charity to issue permits from state farm, . . 69, 70, 96 State farm : general provisions, ....... 95 permits from, . . . . .66, 69, 70, 96 removal of prisoners to and from, . . . . . ... .58-60 sentences to, ...... . . . 96 superintendent of, appointed by trustees, ....... 94 State industrial school for girls, transfers from, to reformatory prison for women, ... . . 59 State prison : general provisions, . ... . .10 permits from, . . ....... . 66-68 removal of prisoners from, . . . . 58 rules for officers, etc., made by commissioners, . . 6 sentences, maximum and minimum, except, . . 135 warden to be appointed by prison commissioners, ... 11 Subsistence, fees, etc., acquitted person not liable for, . 130 Suffolk county house of correction, master of, appointed by penal institu- tions commissioner, . ... Suits against prison officers, Sunday, if term expires on, prisoners to be released on Saturday persons may be admitted to bail on, Sunday school maybe kept in state prison. Superintendent. (See Massachusetts Reformatory ; Reformatory Prison for Women ; State Farm ; Temporary Industrial Camp for Prisoners.) Superior court : jailers to return list of prisoners to, . . . may iix the salary of sheriff, master or keeper, may remove master or keeper for neglect of duty, etc., sheriff to report to, number of prisoners sentenced, etc.. Superseding sentence by sentence to another prison, Supplies for jail and house of correction, how furnished. Supreme judicial court. (See Decisions.) Surgical treatment, removal of prisoners for. Suspended sentence authorized, .... Syphilis, treatment of prisoners having, . 51 73 125 56 25 28 37 27 . 136 . 31, 32 60 . 131 89 INDEX. 181 m Page Taxes, collection of, by imprisonment, 82 Temporary asylum for discharged femalb prisoners, allowance to, by prison commissioners, ... ... . 75 Temporary industrial camp for prisoners: general provisions, . . . ... 52 permits from, . . . . . .54 removal of prisoners to, . . ... ... 60 superintendent, appointed by prison commissioners, ... 53 Transfer of officers from houses of correction and jails, . ,S6 Transfer op prisoners. (See Removal of Prisoners.) Treasurer of county to make returns to prison commissioners, . 85 Trespass upon lands, etc. ; penalty, . .... .109 Trial justices to make returns to commissioners, . . . .7 Trustees of state hospital and state farm, . . .93 Tubercular disease, hospital for prisoners having, .... .61 Uniform, state prison officers to wear, . ... 14 United States prisoners : may he committed to jails and houses of correction, ... . . 26 to Massachusetts reformatory, . 15 to reformatory prison for women, .... .... 18 to state prison, .... . . .10 transfer of, ... . . . ... 60 Vacation for employees of jails and houses of correction, . . 29 Vaccination of prisoners required, . . . . . . 90 Valuables of prisoners to he kept, ..... . .33 Vault not to he used, etc., . . ... . .30 Ventilation of prisons, . . ... 42 Vermont authorities may transport prisoners in Massachusetts, . . 37 Visits to state prison regulated, . ... . . 43 Voters in prisons, returns of, to election commissioners, ...... 82 Warden. (See State Prison.) Warrant for commitment out of county, how served, for removal of prisoners, how served. Warrants, mittimuses, etc , to be safely kept, Washakum pond, watchman for. Waste land may be taken, etc., ..... Witnesses in jails : how released, not to he handcuffed to person charged with crime, prison commissioners to make rules for treatment of, . Woman appointed as agent to aid discharged female prisoners. Women, two commissioners to be, .... Workhouse : may be established, prisoners in, custody of, . . • ■ Workshop at house of correction, ... 138 64 34 21 52, 53 122 123 122 76 5 87 87 26 Yards at houses of correction to he provided, 26 Hi: