« ZurückWeiter »
vict to testify in criminal proso. cution.
Removal of con- Sec. 51. In case any pestilence or contagious disease shall break victs in case of pestilence.
out among the convicts in prison, or in the vicinity of the prison, the inspectors 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 there confined according to their respective sen
tences, if the same be unexpired. In case of firo. SEC. 52. Whenever by reason of the State Prison, or any build
ing contiguous thereto, or near such 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. Removal of con. Sec. 53. If any convict confined in the State Prison shall be con
in sidered an important witness in behalf of the people of this State, upon any criminal prosecution against any other person by 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, and a showing to the satisfaction of the court that such convict is a material and important witness on the trial of the cause, to grant a habeas corpus for the purpose of bringing such convict before the proper court to testify upon such prosecution. And in every case where a convict shall be removed from the prison to testify on any trial as provided in this section, he shall be securely kept in the jail of the county to which he shall have been removed, subject only to be taken into court to testify on such trial, and after his testimony shall have been given he shall be by the sheriff of the county forth
with returned to the prison, there to serve out the remainder of Time from es- his term. If any prisoner shall be retaken, the time between the
of escape and his recommittal shall not be computed as part of served after ex. 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.
on. SEC. 54. Whenever any convict shall escape from the prison, it victs who have 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; but with the consent of the board of inspectors, such reward may be increased to a sum not exceeding five hundred dollars. All suitable rewards and other sums of money, necessarily paid for advertising and apprehending any convict who may escape from the prison, shall be audited by the Auditor General and paid out of the State treasury.
PROPERTY OF CONVICT. Sko Sec. 55. It shall be the duty of the warden to take charge of charge of, etc. any property which any convict may have with him at the time of
entering the prison; the warden shall sell or preserve the same,
cape to return of prisoner to be
piration of sentence.
Reward for con
Warden to take
of and return to
furnished cloth. DUCU OUVIVU WILL ing and money.
cod place the proceeds thereof at interest, for the benefit of such onvict or bis representatives. SEC. 56. Such warden shall keep a correct account of all such To keep account operty, and shall pay the amount, or the proceeds thereof, or re- prisoner.
m the same to the convict when discharged, or to his legal representatives in case of his death, and in case of the death of Such convict without being released, if no legal representative shall demand such property within five years, then the same sball be applied to the use of the State.
DISCHARGE. SEC. 57. When any convict shall be discharged from prison by Convicts to be pardon or otherwise, the warden shall furnish such convict with the 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; and the board of inspectors may, in their discretion, furnish such convict with a further sum of money not exceeding fifteen dollars, whenever in their opinion the necessities of the convict are such as require the same. The warden shall also allow and pay to the convict such Pay for overgum as such convict may earn by doing over-work for contractors, work under such regulations as the inspectors may prescribe; such overwork to be charged and collected of the contractors in the same manner as the regular labor of the convicts.
VISITORS.—EDUCATION. Sec. 58. The following persons shall be authorized to visit the who may visit prison at pleasure, namely: The Governor, Lieutenant Governor, prison at pleasmembers of the Legislature, State officers, the judges of the supreme and circuit 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 inspectors shall prescribe. SEC. 59. It shall be lawful for the inspectors to establish uniform Rules for the ad
mission of visitrules for the admission of visitors within the prison, and they may ors, etc. prescribe a reasonable sum, not exceeding twenty-five cents, to be charged each individual for one admission. The warden shall procare suitable tickets, which shall be sold by the clerk, who shall keep an account of such sales and pay over the money received to the warden daily. The keeper at the entrance to the convict department of the prison shall receive the tickets, and also keep an account of them in a book as they are received, and shall deliver them to the warden each day before the prison is closed. It shall Appropriation be the duty of the inspectors to appropriate annually out of the promo avails of fees received from visitors the sum of five hundred dol- books. lars in the purchase of books for said prison for the use of the said convicts.
SEC. 60. No person, without the consent of the warden, shall Lotters not to be bring into or carry out of the prison any letter or writing, or any victs, etc.
from fees for
delivered to oon.
Sherif to con
information to or from any convict; and whoever shall violate the
provisions of this section shall be deemed guilty of a misdemeanor. Instruction of SEC. 61. The board of inspectors may expend from the earnings
of the prison a sim not exceeding one thousand dollars per annum in furnishing suitable instruction in reading, writing, and such other branches of education as they may deem expedient to be taught to such of the convicts as may be benefited thereby and are desirous of receiving the same, and may also employ a teacher for said prison, who shall devote his entire time to the instruction of the convicts in the ordinary branches of a common school education.
MISCELLANEOUS PROVISIONS. con. SEC. 62. It shall be the duty of the sheriff of every county in vey.conviots to which any criminal shall be sentenced to confinement in the State
Prison, as soon as may be practicable after the passing of such sentence, to convey such convict to the State Prison and deliver him
to the warden thereof. Copy of sentence SEC. 63. When any convict shall be delivered to the warden of . with convict,
the State Prison, the officer having such convict in his charge shall deliver to such warden the certified copy of the sentence, received by such officer from the clerk of the court, and shall take from such warden a certificate of the delivery of such convict; and such certified copy of the sentence of any conrict shall be evi
dence of the facts therein contained. Fees and ex. SEC. 64. The fees and actual expenses of sheriffs in conveying
in convicts to the State prison shall be made out in a bill containing to prison, and the items thereof, and shall be presented to the warden when the
prisoner is delivered at the 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 Auditor General and paid from the State treasury. Before drawing his warrant the Auditor General shall correct any errors in said bill, as to form, items, or amount; and the sheriff shall be paid for snch services, his actual traveling expenses, and the expenses of the convict, and the sum of ($3.00) three dollars for each and every day so employed.
SEC. 65. It shall be the duty of the warden of the State Prison tenced by courts to receive therein and safely keep, and subject to the discipline of
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 or elsewhere, 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. Transactions to Sec. 66. All the fiscal transactions and dealings on account of
said prison shall be conducted by and in the name of the warden, who shall be capable in law of suing and being sued in all courts and places, and in all matters concerning the said prison, by his name of office; and by that name he is hereby authorized to sue for and recover all sums of money, or any property due from any
penses of con. veying convicts
payment of the saine,
be conducted in Dame of warden
person to any former agent or warden of the said prison, or to the people of this State on account of said prison. When a controversy arises respecting any contract made by the agent on account of the prison, or a suit is pending thereon, the warden may, with the written approval of the inspectors, submit the same to the final determination of arbitrators or referees.
SEC. 67. All books of account, registers, and other documents Books of acconnt and papers relating to the affairs of the prison, sball be considered pubb public property, and shall remain therein; and the warden shall Provision for preserve at least one set of copies of all official reports made to the on reports of Governor respecting said prison, and a set of similar reports in re- this and other lation to the prisons of other States, so far as he shall be able to obtain the same; and to accomplish this purpose there shall be printed annually, for the use of the prison, one hundred extra copies of the annual report of the inspectors, which shall be supplied to the warden for exchange with prisons of other States ; and he shall annually transmit to each of the State prisons in the United States one copy of such report.
SEC, 68. It shall be the duty of the warden and deputy warden Economy in to see that rigid economy is practiced in all matters pertaining to ing to prison rethe prison, and in the employment of prisoners, and that duplicate quired. receipts be taken for all expenditures made by them on account of the prison, one copy of which shall be sent to the Auditor General's office monthly. SEC. 69. The Auditor General is hereby authorized and required Drawing of
money from to draw his warrant on the treasurer for such sums as the In- treasury. spectors of the State Prison shall from time to time direct; but such sums so drawn at any one time, shall not exceed one thousand dollars; and no further sum shall be drawn until satisfactory vouchers are presented to and allowed by the Auditor General for the amount previously drawn.
SEC. 70. On the removal or resignation of any warden of said Settlement with prison, the Auditor General shall settle the accounts of such moval, etc. warden on the presentation of his books and vouchers duly authenticated for that purpose.
SEC. 71. The warden shall annually, on the thirtieth day of Annual report September in every year, close his account, and on or before the Anditores fifteenth day of October thereafter shall render to the Auditor General a full and true account of all moneys received by him on is account of the prison, and of all moneys expended by him for the use thereof, with sufficient vouchers for the same, and also an inventory of the goods, materials, and other property of the State on hand, exhibiting a complete detail of the transactions of the prison for the year.
SEC. 72. To the several returns, accounts, and inventories re- Affidavit to be quired by the preceding section to be rendered, there shall be an- at nexed an affidavit of the warden and clerk of the prison, stating etc. that the same are true in every respect to the best of their knowledge and belief.
warden on re
of warden to Auditor General. warden to be audited, etc.
attached to returns, accounts,
of warden to Secretary of State.
Accounts of SEC. 73. It shall be the duty of the Auditor General to examine
and audit the accounts of the warden, and to lay a statement thereof
before the Legislature at each regular session thereof. Annual report SEC. 74. It shall be the duty of the warden annually, on or be
fore the first day of January, to report to the Secretary of State the pames of the convicts pardoned or discharged during the preceding year from the prison, the counties in wbich they were tried, the crimes for which they were convicted, the terms for which they were severally committed, the ages and description of their persons, and, in cases of pardon, the term unexpired for which they were severally sentenced, when such pardons were granted, and the
terms, if any, upon which they were granted. Contracts, etc., Sec. 75. No lien, demand, claim, or contract heretofore established not affected by or made by the agent 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 heretofore made, as well as the lien of the State upon property of such contractors for sums unpaid or due for the labor of convicts, 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. Acts repealed. Sec. 76. All acts and parts of acts contravening any of the pro
visions of this act are hereby repealed; but all proceedings pending,
SEC. 77. This act shall take immediate effect.
passage of this act.
[No. 214.] AN ACT to amend section five thousand two hundred and fifty,
being section two of chapter one hundred and seventy-eight of the compiled laws of eighteen hundred and seventy-one, rela
tive to jurisdiction of justices' courts. Boction amended SECTION 1. The People of the State of Michigan enact, That
section five thousand two hundred and fifty, being section two of chapter one hundred and seventy-eight of the compiled laws of eighteen hundred and seventy-one, be amended so as to read as
follows: Actions of which (5250.) Sec. 2. No justice of the peace shall have cognizance of justice has no real actions, actions for a disturbance of a right of way or other
easement, actions for libel or slander, or malicious prosecutions, and actions against executors or administrators as such, except in the cases specially provided by law, nor where the title to real es
tate shall come in question, except as hereinafter mentioned : ProProviso. vided, That justices of the peace may have jurisdiction in actions
for damages resulting from obstructions to highways, subject to the restrictions prescribed in section one of this chapter.
Approved May 3, 1875.