prisoners.

who shall violate any of the provisions of this act, or neglect to perform the duties required of him by the rules and regulations of the prison or by the provisions of this act, shall be guilty of a misdemeanor, and on conviction thereof may be punished by a fine not exceeding one thousand dollars, or by imprisonment in said prison for a period not exceeding three years, or both such fine and imprisonPunishment of ment, in the discretion of the court. The warden or deputy warden may punish the convicts for misconduct in such manner and under such regulations as shall be adopted by the board; Provided, That punishment by showering with cold water or whipping with the lash on the bare body shall in no case be allowed; and the warden or deputy shall, as soon as the next day after inflicting punishment on any convict, enter in a book to be kept for that purpose, a written memorandum thereof, signed by him, stating the offense committed and the kind and extent of the punishment inflicted, but in no case shall any punishment be brutal or inhuman, and no corporal punishment shall be inflicted without the presence of the prison physician.

Certain punishments prohibited.

Record of punishments.

Corporal punishment.

Attempts at escape, etc.

etc.

Sec. 41. When several convicts combined, or any convict alone, shall offer violence to any officer or guard of the prison, or to any other convict or person, or do, or attempt to do any injury to the building, or any workshop, or to any appurtenances thereof, or attempt to escape, or resist or disobey any reasonable command, the officers of the prison shall use all suitable means to defend themselves, to enforce the observance of discipline, to secure the persons of offenders and to prevent any such attempt to escape.

Sec. 42. No spirituous or fermented liquor, drug, Liquor, poison, medicine or poison shall on any pretense whatever, be sold or given away in the prison, or in any building appurtenant thereto, or on the land granted to the State for the use and benefit of the prison; and no such liquors shall be given to, or suffered to be used by any convict or employe in the prison, unless he is sick, and then only under the special direction of the prison physician.

Books of

account, etc., to remain at prison.

Sec. 43. All books of accounts, registers, and other documents and papers relating to the affairs of the prison, shall be considered public property, and shall remain therein, and the warden shall preserve at least one set of copies of all official reports made to the

Governor and Legislature respecting said prison, and a set of similar reports in relation to the prisons of Official reports. other states, so far as he shall be able to obtain the same; and to accomplish this purpose, there shall be printed biennially, for the use of the prison, three hundred extra copies of the report of the board, one hundred of which shall be supplied to the warden, for exchange with prisons of other states, and the warden shall biennially transmit, to each of the staté prisons in the United States, one copy of such report.

observed.

Sec. 44. It shall be the duty of the warden and Hconomy to be the deputy warden to see that rigid economy is practiced in all matters pertaining to the prison, and in the employment of prisoners, and that duplicate receipts be taken for all expenditures made by them on account of the prison, one copy of which shall be sent to the Auditor's office monthly.

accounts.

Sec. 45. It shall be the duty of the board to ex- Bo ar amine and audit before payment all bills and accounts of the prison, at least bi-monthly, to enter a strict account of the same in their books, and after the same shall have been examined, e... d and audited, they shall be transmitted by the board to the State Auditor.

audit

warrants or

Sec. 46. The State Auditor is hereby authorized Auditor and required to draw his warrant on the State Treas- vouchers. urer for such sums as the board shall from time to time direct; but such sums so drawn at any one time from the prison shall not exceed seven thousand five hundred dollars, and no further sum shall be drawn until satisfactory vouchers are presented to and allowed by the State Auditor for the amount previously drawn.

retirement of

Sec. 47. On the removal or resignation of any Inventory on warden, the board shall cause an inventory to be taken, warden. and the State Auditor shall settle the accounts of such warden on the presentation of his books and vouchers duly authenticated for that purpose.

Sec. 48. It shall be the duty of the sheriff of every sheriff to decounty in which any criminal shall be sentenced to liver prisoner. confinement in the State Prison, to cause such convict

to be removed from the county jail within five days after sentence, and conveyed to the State Prison and delivered to the warden thereof.

sheriffs in

Sec. 49. The actual expenses of sheriffs in con- Expenses of veying convicts to the prison shall be made out in a conveying conbill containing the items thereof and shall be presented victs to prison. to the warden when the prisoner is delivered at the

Certified copy of sentence.

prison. The warden shall certify on it that the prisoner has been received, and the bill, including the sheriff's actual expenses in returning to the county from whence the prisoner was sent, shall be audited by the State Auditor and paid from the State treasury. Before drawing his warrant the State Auditor shall correct any errors in said bill as to form, items or amount, and the sheriff shall be paid his actual traveling expenses, and the expenses of the convict.

Sec. 50. When any convict shall be delivered to the warden of the prison, the officer having such convict in his charge shall deliver to such warden the cer tified copy of the sentence, received by such officer from the clerk of the court, and shall take from such Certificate of warden a certificate of the delivery of such convict; 'and such certified copy of the sentence of any convict shall be prima facie evidence of the facts therein contained.

delivery of

convict.

with or delivering article to prisoners prohibited.

Sec. 51. No person, without the consent of the Communication warden or deputy warden, shall bring into or carry out of the prison any letter or writing, or any information to or from any convict; or to deliver to any convict any poison, implement or other thing which may be used to injure such convict or any person. Any person who shall violate the provisions of this section shall be guilty of a misdemeanor.

to prison.

Sec. 52. The following persons shall be authorized Official visitors to visit the prison, at pleasure, namely, the Governor, members of the Legislature, State officers, the judges of the supreme and district courts, prosecuting attorneys, sheriffs, members and officers of any board authorized by law to visit the same, and all regular officiating ministers of the gospel, and no other person shall be permitted to go within the walls of the prison where convicts shall be confined, except by special permission of the warden, or under such regulations as the board shall prescribe.

Visitors to prison; board may charge

admission for.

Sec. 53. It shall be lawful for the board to establish uniform rules for the admission of visitors within the prison, and they may prescribe a reasonable sum, not more than twenty-five cents, to be charged each inPersons not to dividual for one admission; Provided, That no ticket of admission shall be sold to any person known to have served a term in this or any other prison, or to any persons intoxicated or under the influence of liquor, or

be admitted as visitors to prison.

disorderly person, or to any person known to the prison officials or in the police circles as a "crook" or prostitute. The warden shall procure suitable tickets, which shall be held by the clerk, who shall keep an account of such sales, and pay over the money received to the warden daily. The gate keeper at the prison entrance shall receive the tickets, and shall deliver them each day to the warden before the prison is closed. It shall Library fund. be the duty of the board to appropriate annually out of the fees received from visitors the sum of one hundred dollars in the purchase of books for said prison for the use of said convicts.

Sec. 54. A school may be maintained in said prison School. for the instruction of convicts confined therein. It shall be conducted under such regulations as may be approved by the Board of Corrections.

Sec. 55. The library now established at the prison Library. for the use of the convicts shall be maintained, subject to such regulations as the board may approve.

case of contagi

Sec. 56. In case any pestilence or contagious dis- Removal in ease shall break out among the prisoners in the prison, ous disease. or in the vicinity of the prison, the board may cause the convicts therein to be removed to some suitable place of security, where such of them as may be sick shall receive all necessary care and medical attendance, and such convicts shall be returned as soon as it may be safe to do so to the prison and be there confined according to their respective sentences, if the time be unexpired.

case of fire.

Sec. 57. Whenever by reason of the prison or any Removal in building contiguous or near to the prison being on fire there shall be reason to apprehend that the convicts therein may be injured or endangered by such fire or may escape, the warden may remove such convicts to some safe and convenient place, and there confine them so long as may be necessary to avoid the danger.

repairing after

Sec. 58. If any of the shops or buildings are de- Rebuilding or stroyed or injured by fire, or other cause, they may be fire. rebuilt or repaired immediately under the direction of the board, and with the approval of the Governor, and the expense thereof paid from the State treasury. The money for this purpose shall be drawn from the State treasury and accounted for in the manner now provided by law.

accounts and

Sec. 59. It shall be the duty of the State Auditor Auditor to audit to examine and audit the accounts of the warden, and report to

Legislature.

Escapes from

prison; offering reward.

Furnishing discharged convicts with money and clothing.

Prior rights secured.

Liability of convicts to

to lay a statement thereof before the Legislature at each regular session thereof.

Sec. 60. Whenever Whenever any convict shall escape from the prison, it shall be the duty of the warden to take all proper measures for the apprehension of such convict, and for that purpose he may offer a reward not exceeding fifty dollars for the apprehension and delivery of such convict; such reward and other sums of money, necessarily paid for advertising and apprehending any convict who may escape from prison, shall be audited by the State Auditor, and paid out of the State treasury. If any prisoner shall be re-taken, the time between the escape and his recommittal shall not be computed as part of the term of imprisonment but he shall remain in the prison a sufficient length of time after the term of his sentence would have expired, if he had not escaped, to equal the period of time he may have been absent by reason of such escape.

Sec. 61. When any convict shall be discharged from prison, by pardon, or otherwise, the warden shall furnish such convict with clothing, if he be not already provided for, not exceeding ten dollars in value, and such sum of money, not exceeding ten dollars, as the warden may deem necessary and proper; Provided, Such prisoner has less than ten dollars of earnings to his credit, and the board may, in its discretion, furnish such convict with a further sum of money, not exceeding fifteen dollars, whenever in the opinion of such board, the necessities of the convict are such as require the same; Provided, That instead of paying to a discharged convict the sum of ten dollars or under above allowed, the warden may, in his discretion, expend said money and allowance, or such portion thereof as may be necessary in paying the fare of said convict to his home or place of destination.

Sec. 62. No lien, demand, claim or contract theretofore established or made by the warden or clerk of the prison in behalf of the State shall be in any wise changed or affected by the passage of this act; but the rights of the State, and of all parties to contracts or obligations made, shall remain as complete and as binding, and may be enforced in the same manner, and as fully as if this act had not been passed.

Sec. 63. That any convict now or hereafter confined in the State prison, for any term other than life, punishment for and who during the term of such confinement shall

crime in prison.