SEC. 35. Whenever there shall be a sufficient number of cells in Convicts to be kept singly in the prison, it shall be the duty of the warden to keep each pris- cells. oner singly in a cell at night, and also during the day time when unemployed.

SEC. 36. The keepers shall preserve proper discipline among the Punishment. convicts under their charge, and the warden or deputy warden may punish them for misconduct in such manner and under such regulations as shall be adopted by the board of inspectors: Provided, Proviso. That punishment by showering with cold water, or whipping with the lash on the bare body, shall in no case be allowed; and the Record of. 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 brutal or inhuman punishment be inflicted on a convict.

in case of vio

SEC. 37. When several convicts combined, or any convict alone, Duty of officers shall offer violence to any officer or guard of the prison, or to any lence or attempt other convict or person, or do, or attempt to do any injury to the to escape. 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 the offenders, and to prevent any such attempt to escape. But the provisions of this section shall not be published in the rules and regulations of the prison, and shall not be posted up in the cells therein, or read to the convicts by the warden at the time of reading the other rules as prescribed in the eighth subdivision of section twenty-one of this act.

prison.

SEC. 38. No spirituous or fermented liquor shall, on any pre- Liquor not to be tense whatever, be sold in the State Prison, or in any building ap- sold or used in 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 or any employe in the prison, unless he is sick, and then only under the special direction of the physician.

SEC. 39. The board of inspectors shall prescribe a cap, or uni- Uniform of form, to be worn while on duty by the several officers of the prison, officers. except the inspectors, physician, and chaplain, which shall be made with marks or indications plainly designating the rank of each officer wearing the same.

be kept, and the ed to prisoners

SEC. 40. The board of inspectors may establish a proper scale or Debits and credrate of debits and credits for good conduct or misconduct, which its for conduct to shall be a part of the rules of discipline of the prison, and in a results announc book to be kept for that purpose may cause to be entered up at monthly. the end of each month, the total of credits to which each prisoner may be entitled; and they shall require the warden, on the first day of each month, by means of cards or otherwise, to announce such result to each prisoner.

SEC. 41. The warden of the prison shall keep a record of each Record of tnand all infractions of the rules of discipline by convicts, with the fractions of

rules.

term of ser tence

names of the convict or convicts offending, and the date and character of each offense, which record shall be placed before the inspectors at each regular meeting of the board; and every convict Deductions from sentenced for any term less than life, who shall have no infraction for good conduct. Of the rules and regulations of the prison, or laws of the State recorded against him, shall be entitled to a deduction from his sentence for each year, and pro rata for any part of a year when the sentence is for more or less than one year, as follows: From and including the first year up to the third year, a deduction of two months for each year. From and including the third year up to the fifth year, a deduction of seventy-five days for each year. From and including the fifth year up to the seventh year, a deduction of three months for each year. From and including the seventh year up to the tenth year, a deduction of one hundred and five days for each year. From and including the tenth year up to the fifteenth year, a deduction af four months for each year. From and including the fifteenth year up to the twentieth year, a deduction of five months for each year. From and including the twentieth year up to the period fixed for the expiration of the sentence, six Allowance for a months for each year. The inspectors shall allow each convict faithful perform who has performed in a faithful, orderly, and peaceable manner, all the duties assigned to him, and who has become entitled to a deduction from his sentence, as aforesaid, from time to time, as they may judge best, five per cent of the value of each day's labor actually performed by such convict, to be computed on the average rate per day paid by contractors for convict labor in the prison, and the inspectors may cause such earnings to be paid either to the family of the convict, or applied to his benefit in such manner, in such sums, and at such times as they may think proper. The inspectors shall provide by rule how much of the good time and money thus earned a convict shall forfeit for one or more violations of the prison rules. The warden, in computing the diminution of time for those now in the prison, shall allow them for the good time made up to the time this act takes effect, in accordance with the provisions of law previously in force, and thereafter it shall be computed in accordance with the terms of this section. WhenConvictions un- ever a convict has been committed under several convictions, with tences regarded separate sentences, they shall be construed as one continuous senone continuous tence in the granting or forfeiting of good time.

ance of duties.

Diminution of

time for those

now in prison.

der separate sen

sentence.

Certain privi

leges granted to tenced to solita

prisoners sen

ry confinement for life.

Contracts for the labor of convicts,

SEC. 42. The convicts which have been or may be sentenced to solitary confinement in the State Prison at hard labor for life, may be released from solitary confinement and employed as other convicts are, whenever and for such times as the inspectors may by resolution direct; and the inspectors are authorized to allow such convicts, under such restrictions as they may deem necessary and proper, to correspond with near relatives and friends.

CONTRACTS.

SEC. 43. Whenever the inspectors shall direct a contract to be by whom and in' made for letting and hiring the labor of the convicts, it shall be what manner let. the duty of the warden, under the direction of the inspectors, to proceed to make such contracts in the following manner:

First, He shall cause a notice to be published in one daily paper printed in the city of Jackson, in one daily paper published in the city of Detroit, in one daily paper published in the city of Grand Rapids, and in one paper published in the city of Lansing, at least three weeks previous to the day appointed for letting the labor of the convicts, stating that sealed proposals will be received therefor, and specifying the number of convicts to be let, the length of time, which shall not exceed ten years, and the last day on which bids will be received;

Second, The inspectors may in their discretion authorize the warden to designate what articles, or class of articles, shall be manufactured;

Third, Each bid shall specify each article proposed to be manufactured, and the number of square feet of shop room which will be required;

Fourth, Each bid shall be accompanied by a bond, with good and sufficient sureties to the satisfaction of the inspectors, and in such sum as they may direct, conditioned that in case the bid is accepted by the warden, the bidder will, on entering into a contract in pursuance of the bid, execute a bond with two or more good sureties in a sum satisfactory to the inspectors, conditioned for the faithful performance of such contract on his part, and no bid or proposal shall be received unless such bond shall accompany the

same;

Fifth, The bids shall be opened by the warden, in the presence of the board of inspectors, at their next meeting after the last day specified for receiving bids, and the labor shall be awarded to the highest bidder, if the price bid, in the judgment of the inspectors, be a fair and reasonable compensation for such labor. If, however, the inspectors shall deem it against the interest of the State or the welfare of the convicts, that the articles specified should be manufactured in the prison, the bid may be rejected;

Sixth, If any bid or bids shall be rejected for the reasons aforesaid, or either of them, the warden may decline to close the contract, and may thereafter, under the direction of the inspectors, proceed again to advertise the letting of contracts for such labor until the same shall be successful;

But

Seventh, The contracts made by the warden shall be reduced to writing and approved by the inspectors, or a majority of them, and one copy of every contract shall be filed in the prison office. such contract shall not be executed by the warden until the bond for the performance of the conditions thereof specified in subdivision four of this section, shall be made and approved by the inspectors;

Eighth, In thus contracting the labor of the prisoners hereafter, there shall be inserted in every contract a stipulation that the State shall retain the right of full control through its proper officers over them, and that it reserves the right to govern the prisoners and to change the disciplinary rules of the prison, and to forbid any work, or mode or manner of doing the same, that is injurious to the health or dangerous to the person of the prisoner,

tracts.

247

Employment of

and also such time of the convict as the inspectors may from time to time judge proper for imparting instruction; and that the warden, under the order and direction of the board of inspectors, may exclude from the prison premises any contractor or his agent or agents or employes who may be guilty of any misconduct in the prison;

Ninth, The said contracts shall also contain a stipulation that the State shall have a lien upon the machinery, tools, and stock of the contractors which are or may hereafter be within the workshop or prison yard, for all moneys due or to become due for convict labor; and authorizing the warden at any time after such moneys become due, to detain such property and to advertise and sell the same, by giving at least four weeks' notice in four daily papers published in the State prior to such sale; and the surplus money, if any, arising from such sale, after paying what is due to the State, shall be paid to the contractor or contractors to whom the property belongs.

Employment of SEC. 44. All convicts not employed on contracts may be emeonvicts not employed on con- ployed by the warden, with the approval of the inspectors, in the performance of work for the State, in such manner as he shall think most conducive to the interests of the State and the welfare of the convict, or they may be temporarily hired, which hiring shall terminate whenever their labor is required on any contract. SEC. 45. If the warden shall be unable to let the labor of the convicts on contract at reasonable rates, so that any considerable number are without employment, he may, under the direction of the inspectors, with the approval of the Governor, prepare shop room, procure simple and inexpensive machinery and material, and employ such convicts in the manufacture of any articles that in the opinion of the inspectors can be made in the prison to advantage and profit for the benefit of the State.

convicts in case not be contract

their labor can

ed.

Purchase of raw material for

manufacture.

Contracts for convict labor to be performed outside prison walls.

Proviso.

SEC. 46. The agent, under the direction of the inspectors, may also purchase such raw materials as may be necessary, to be manufactured in the prison, and to be paid for by the warden out of any money in his hands belonging to the State.

SEC. 47. It shall and may be lawful for the warden of the State prison, acting by and with the advice and consent of a majority of the inspectors of the prison, and in accordance with the regulations at the time in force, to make contracts for supplying convict labor for terms not exceeding two years, to parties whose places of business may be outside the prison walls, and so located that the convicts may be conveniently taken from the prison in the morning and returned to the same at night, at not less than one dollar per day for each convict so employed: Provided, That before any such contract shall be executed the warden of the prison shall transmit to the inspectors a statement and estimate, in writing, showing what precautions are proposed to prevent the escape of the convicts so contracted; the extra expense of guards and keepers, and of clothing, if any, by such plan; and showing what the profit or loss to the State would be by such contract, as compared with the average price paid for labor within the prison walls, and

with the average which he will probably be able to obtain for the same during the time for which it is proposed to contract the labor of said convicts: And provided further, That it shall be inserted Further proviso. as a proviso in every such contract, that the same may be canceled

at any time, by the vote of a majority of the inspectors of the

prison.

employed in

etc.

SEC. 48. The said warden shall also have authority, under such Convicts may be regulations as the inspectors may adopt, and subject to the control quarrying stone, of said inspectors, to employ the said convicts in quarrying stone, or other labor useful in the erection or repair of the building or walls of the prison.

ing convict to

escape.

SEC. 49. Any person supplying any convict with weapons, money, Penalty for ald clothing, or disguises, with intent to assist him in escaping from custody, or who shall in any way assist such convict in his endeavors to escape, shall be liable, upon conviction, to the same punishment as though such act had been done within the prison walls, and every such convict who shall escape, and every person aiding such escape from such custody, shall be liable to the same penalties as though he had broken prison and escaped, or assisted in such breaking or escape.

REMOVALS AND ESCAPES.

State House of

transfer of pris

SEC. 50. The inspectors of the State Prison and of the State State Prison and House of Correction shall meet together quarter-yearly, alternately Correction, at each prison; and it shall be their duty, acting in conjunction, oners from one to ascertain the number of convicts confined in each prison, their to the other. conduct, and as far as possible their offenses and character; and if it shall appear that either prison has, or is likely to have, more convicts than there are cells therein, or that there is a greater number of convicts in either one than can well be accommodated therein, or that such convicts where they are cannot be employed profitably to the State, or whenever in the judgment of the said boards so acting jointly, the interests of the State, or the health or improvement of the convicts, or any of them, demand it, or when it is otherwise material or in furtherance of justice, the said inspectors so acting jointly as aforesaid, shall have and hereby are invested with the power to transfer prisoners from one prison to the other, and may by warrant, directed to the warden or superintendent of the prison from which it is deemed desirable to remove any convicts, direct him to forth with transport such convicts to the other prison, designating them by name, and the agent or superintendent to whom such warrant is directed shall at once cause the convicts so ordered to be removed to be safely and securely transported to the prison to which they are to be sent, and shall deliver such convicts with the certified copies of their sentences to the warden or superintendent of the prison to which they shall be removed, and the warden or superintendent of such prison shall receive and keep them according to their sentences, as if they had been originally committed to such prison. All necessary expenses of such removal of convicts shall be deemed a part of the incidental expenses of the prison from which they shall be removed.