Removal of convicts in case of pestilence.

In case of fire.

Removal of con

criminal prose

cution.

SEC. 51. In case any pestilence or contagious disease shall break 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 sentences, if the same be unexpired.

SEC. 52. Whenever by reason of the State Prison, or any building 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.

SEC. 53. If any convict confined in the State Prison shall be convict to testify 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 forthwith returned to the prison, there to serve out the remainder of his term. If any prisoner shall be retaken, the time between the 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

Time from es

cape to return of prisoner to be

piration of sentence.

Reward for con

escaped.

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. 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.

Warden to take charge of, etc.

PROPERTY OF CONVICT.

SEC. 55. It shall be the duty of the warden to take charge of any property which any convict may have with him at the time of entering the prison; the warden shall sell or preserve the same,

c

end place the proceeds thereof at interest, for the benefit of such onvict or his representatives.

of and return to

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. rn 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 shall be applied to the use of the State.

DISCHARGE.

ing and money.

SEC. 57. When any convict shall be discharged from prison by Convicts to be pardon or otherwise, the warden shall furnish such convict with furnished clothclothing, 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 oversum as such convict may earn by doing over-work for contractors, 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.

work.

ure.

SEC. 58. The following persons shall be authorized to visit the who may visit prison at pleasure, namely: The Governor, Lieutenant Governor, prison at pleas members 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.

mission of visit

SEC. 59. It shall be lawful for the inspectors to establish uniform Rules for the adrules 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 procure 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 from fees for avails of fees received from visitors the sum of five hundred dollars 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 Letters not to be bring into or carry out of the prison any letter or writing, or any victs, etc.

Purchase

of

delivered to con

Instruction of prisoners.

Sheriff to con

prison.

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

SEC. 61. The board of inspectors may expend from the earnings of the prison a sum 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.

SEC. 62. It shall be the duty of the sheriff of every county in vey convicts 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
to be delivered
with convict,
eto.

Fees and expenses of conveying convicts to prison, and payment of the same.

SEC. 63. When any convict shall be delivered to the warden of 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 convict shall be evidence of the facts therein contained.

SEC. 64. The fees and actual expenses of sheriffs in conveying convicts to the State prison shall be made out in a bill containing 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 such 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.

Convicts sen

of United States.

Transactions to

name of warden.

SEC. 66. All the fiscal transactions and dealings on account of be conducted in 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

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.

preserving prison reports of

this and other

States.

SEC. 67. All books of account, registers, and other documents Books of account and papers relating to the affairs of the prison, shall be considered public property. 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 Governor respecting said prison, and a set of similar reports in relation 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.

matters pertain

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.

money from

SEC. 69. The Auditor General is hereby authorized and required Drawing of 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.

warden on re

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.

of warden to Auditor General,

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 fifteenth day of October thereafter shall render to the Auditor General a full and true account of all moneys received by him on 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.

attached to re

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- turns, accounts, 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.

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.

SEC. 74. It shall be the duty of the warden annually, on or before the first day of January, to report to the Secretary of State the names of the convicts pardoned or discharged during 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 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.

SEC. 75. No lien, demand, claim, or contract heretofore established 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.

SEC. 76. All acts and parts of acts contravening any of the provisions of this act are hereby repealed; but all proceedings pending, and all rights and liabilities existing, acquired, or incurred at the time this act takes effect, are hereby saved, and such proceedings may be consummated under and according to the law in force at the time such proceedings were commenced.

SEC. 77. This act shall take immediate effect.
Approved May 3, 1875.

[ 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, relative to jurisdiction of justices' courts.

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:

(5250.) SEC. 2. No justice of the peace shall have cognizance of 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 estate shall come in question, except as hereinafter mentioned: Provided, 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.