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Agent to make annual report to inspectorg.

Officers to receive no

ally to report to secretary

a Sec. 35. The agent shall, on or before the first day of December, in every year, transmit to the inspectors of the prison a report exhibiting a complete and comprehensive view of the transactions of the prison during the preceding year, of the number of convicts confined therein, the various kinds of business in which they are employed, the number employed in each branch, and the profits to the state, if any, arising therefrom.

Sec. 36. The agent, keeper and other officers, and the guards perquisites.

of the prison, shall not receive any perquisites, or emolument for their services, other than the compensation allowed by law, except that the agent shall keep his office and reside with his family at the prison, and shall be furnished with fuel and lights from that furnished for the use of the state ; the barrack of the guard shall

also be furnished from the same source. Agent annu, Sec. 37. It shall be the duty of the agent annually, on or to secretary before the first day of December, to report to the secretary of

state, the names of the convicts pardoned or discharged the preceding year from the prison ; the counties in which they were tried; the crimes for which they were convicted; the terms for which they were severally committed; the ages and description of their person; and in cases of pardons, the term unexpired of the time for which they were severally sentenced, when such pardons were granted, and the terms upon which (if any) they were granted.

Sec. 38. It shall be the duty of the agent at all times to receive whose sen- into the prison, on the order of the governor, any person convicted been com- of any crime punishable with death, whose sentence may have

been commuted to confinement in the state prison. When depu- Sec. 39. Whenever there shall be a vacancy in the office of perforin du- agent of the prison, or when the agent shall necessarily be absent

from the prison, or be unable to execute the duties of the office from any cause, all the duties and power of such agent, so far as the same relate to the safe keeping of the prisoners and the discipline of the prison, shall devolve upon and be executed by the deputy keeper of the prison, until the vacancy be filled or the

agent return to the prison. Duty of phy- Sec. 40. It shall be the duty of the physician of the prison, to

keep a register of all convicts placed under his care, stating the disease with which they are afflicted ; his daily prescriptions, and the date of their entering and leaving the hospital ; also a

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register of the deceased convicts, stating their names, ages, disease, time and cause of death, and all other circumstances which he may deem proper and necesssary, which register shall always remain in the prison and be open to inspection.

Sec. 41. All books of account, registers and other documents Books of acand papers relating to the affairs of the prison shall be considered public propublic property and shall remain therein, and the agent shall to remain in preserve at least one set of copies of all official reports made to the legislature respecting the prison and the transactions thereat.

Sec. 42. No officer of the prison shall employ the labor of any No officer to convict upon any work in which he or any other officer shall be of convict. interested.

Sec. 43. The officers of the prison shall receive the following Salaries of salaries and compensations, to be paid quarterly out of the state treasury, on the warrant of the auditor general, that is to say: the agent, the sum of ten hundred dollars; the clerk, the sum of five hundred dollars ; the physician, such sum as the inspectors shall allow ; the chaplain, a sum not exceeding one hundred dollars per annum ; the deputy keeper, a sum not exceeding five hundred dollars ; the assistant keeper, such sum, not exceeding three hundred and sixty-five dollars a year, as the inspectors shall agree to pay. • Sec. 44. All convicts in the state prison shall be kept, Sundays Convicts to excepted, not less than eight hours each day, employed at hard hard labor. labor during the day time, except when incapable of laboring by reason of sickness or bodily infirmity.

Sec. 45. Whenever there shall be a sufficient number of cells To be kept in the prison, it shall be the duty of the agent to keep each prisoner in his cell singly at night, and also during the day time when unemployed.

Sec. 46. The clothing and bedding of the prisoners, at the Clothing and expense of the state, shall be of coarse materials, manufactured as far as practicable in the prison, and they shall be supplied with a sufficient quantity of wholesome coarse food.

Sec 47. The agent shall furnish at the expense of the state, a To be fur. bible to each of the convicts who can read.

Sec. 48. When several convicts combined, or any convict Convicts ofalone, shall offer violence to any officer or guard of the prison, or lence to to any other convict, or do or attempt to do any injury to the tempting to building or any workshop, or any of the appurtenances thereof,

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or attempt to escape, 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 the offenders, and to prevent any such attempt to

escape. Keeper to

Sec. 49. The keeper shall preserve proper discipline among the convicts under his charge, and may punish them at his discretion for misconduct, in such manner and under such regulations as shall be adopted by the board of inspectors ; and any such keeper shall, as soon as the next day after inflicting punishment on any convict, leave with the agent or deputy keeper a written memorandum thereof, signed by him, stating the offence committed and

the kind and extent of the punishment inflicted. Agent to take Sec. 50. It shall be the duty of the agent to take charge of any property of property which any convict shall have with him at the time of

entering the prison ; and if the same is worth one dollar or more, the agent shall sell or preserve the same, and place the proceeds thereof at interest for the benefit of such convict or his representatives ; and such agent shall keep a correct account of all such property, and shall pay the amount or the proceeds thereof or return the same to the convict when discharged, or to his legal representatives in case of his death : Provided, The same be demanded within five years after the death of such convict in prison, and if not so demanded, the same shall be applied to the use of the common school fund.

Sec. 51. When any convict shall be discharged from prison, Charged to be by pardon or otherwise, the agent shall furnish such convict with with clothing clothing, (if he be not already provided for,) not exceeding ten

dollars in value, and such sum of money, not exceeding three

dollars, as the agent may deem necessary and proper. Letters not to Sec. 52. No person, without the consent of the agent, shall to convicts, bring into or carry out of the prison any letter or writing, or any

information to or from any convict; and whoever shall violate the provision of this section, shall be deemed guilty of a misdemeanor.

Sec. 53. The following persons shall be authorized to visit the visit prison prison at pleasure, namely: the governor, lieutenant governor,

members of the legislature, the secretary of state, the chancellor, the judges of the supreme and circuit courts, the attorney general and district attorneys, and any regular officiating minister of the

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gospel, and no other persons shall be permitted to go within the walls of the prison where convicts shall be confined, except by the special permission of the agent, or under such regulations as the inspectors shall prescribe.

Sec. 54. When any convict shall be delivered to the keeper of copy of senthe state prison, the officer having such convict in his charge, delivered shall deliver to such keeper the certified copy of the sentence re. vict. ceived by such officer from the clerk of the court, and shall take from the keeper a certificate of the delivery of such convict.

Sec. 55. Whenever any convict shall escape from the prison, Reward for it shall be the duty of the keeper to take all proper measures who have for the apprehension of such convict, and may offer a reward, not exceeding one hundred dollars, for the apprehension of such convict.

Sec. 56. All suitable rewards and other sums of money neces- Reward paid sarily paid for advertising and apprehending any convict that treasury. may escape from the state prison, shall be allowed by the auditor general and paid out of the state treasury:

Sec. 57. In case any pestilence or contagious disease shall Pestilence or break out among the convicts in prison, or in the vicinity of the disease prison, the inspectors of the prison may cause the convicts therein in prison. to be removed to some suitable place of security, where such of them as may be sick, shall receive all necessary care and medical assistance, and such convicts shall be returned as soon as safely may be to the prison, and there confined according to their sentence then unexpired.

Sec. 58. It shall be the duty of the keeper of the state prison convicts to receive therein and safely keep and subject to the discipline of sen the prison any criminal convicted of any crime against the United States, sentenced to imprisonment therein by any court of the United States, sitting within this state, until such sentence shall be executed, or until such convict shall be discharged by due course of law, the United States supporting such convicts and paying the expenses of executing such sentence.

Sec. 59. If any convict confined in the state prison shall be when haconsidered an important witness in behalf of the people of the may be state, upon any criminal prosecution against any other convict, by convict as a the prosecuting attorney conducting the same, it shall be the duty of any officer or court authorized by law to allow writs of habeas corpus, upon the affidavit of such prosecuting attorney, to grant

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a habeas corpus for the purpose of bringing up such prisoner, to testify before the proper court upon such prosecution.

Sec. 60. Such convict may be examined upon such trial, and shall be a competent witness against any fellow prisoner for any offence actually committed whilst in prison, and while the witness

so offered shall have been confined in prison. Spiritous... Sec. 61. No spiritous or fermented liquors shall, on any prebe sold on tence whatever, be sold in the state prison, in any building aplonging to purtenant 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 in the prison, unless he be sick,

and then only with the special direction of the physician. Sheriffs to Sec. 62. The sheriff of each county in the state, immediately convict to after the final adjournment of any court in his county, at which

convicts shall have been sentenced to the state prison, (or at such other time as the couri shall direct,) shall cause such convicts to be safely transported to the state prison, and delivered to the

keeper thereof. To be allow- Sec 63. The respective sheriffs shall be allowed a reasonable ble compen compensation for their expenses and trouble, in transporting such

convicts to the state prison ; the accounts of the respective sheriffs

to be certified by the agent. Part of forty- Sec. 64. So much of the forty-third section of this act as pronot to take vides for the compensation of the agent and chaplain of the prison,

shall not take effect until such appointments be made, and that in the mean time the acting commissioner for the building of the prison shall perform the duty of agent and keeper.

Approved April 17, 1839.

state prison.

ed reasona

sation there for.

Part of fortythird section

effect immediately.

[No. 78.] An Act regulating sales at auction, and for other

purposes. Part of chap Section 1. Be it enacted by the Senate and House of Reprefive part one, sentatives of the State of Michigan, That all that portion of part utes, (p. 104,) first of title fifth of chapter eight of the revised statutes, embraced two, title sev- and contained within the tenth and twenty-third sections, both (p. 149,) re- inclusive, and the second chapter of part first of title seventh, be

and the same are hereby repealed.

ter eight, title

revised stat.

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