2854. Register of Convicts.-The clerk of the penitentiary shall keep a register, in which shall be entered the names in full of all convicts, with the date of their reception, the term of their imprisonment, the parish where, and the crime for which they were convicted, their ages, sexes, color, and places of their nativity, and the date of their discharge or death, which shall be open to the inspection of the public.

2855. How Convicts May Be Employed.-The convicts may be employed in such manufacturing, mechanical, and other labor as the lessees may deem proper, but no convict shall be employed without the walls of the penitentiary.

See Act 134, 1894, printed at p.

See Sec. 2865.

2856. Rights of Discharged Convicts.-The lessees shall furnish each convict, at the expense of the institution, at his or her discharge, with ten dollars and a coarse suit of citizen's clothes, if required to do so by the board of control.

2857. Clergyman to be Appointed. The lessee or lessees, with the sanction of the board of control, shall employ five clergymen, of different denominations, if there are so many in the city of Baton Rouge, to preach every Sabbath, alternately, to the convicts, whose salary shall be one hundred dollars each per annum, to be paid by the lessees, and charged to the current expenses of the institution; and the said lessee or lessees shall have power to appoint such guards. as he or they may deem necessary, to be paid in like manner.

2858. Purchase and Disposal of Raw Material.-The said lessee or lessees shall purchase from the State all raw materials which may be on hand, at a price to be fixed by two sworn appraisers, one to be appointed by the Governor and one by the lessees, with power to appoint an umpire; for said price the said lessees shall give his or their bond, payable at the expiration of six months; and at the expiration of the lease, should it not be renewed, the State will take from the lessees all such raw material then on hand at a like appraisement, and on a like credit.

2859. Duties of Physician and Chaplain.-The duties of the physician and chaplains shall be prescribed by the board of control, and shall be so performed as to secure constant attention to the health and moral and religious instruction of the convicts.

2860. Books for Convicts.-The board of control are hereby authorized to furnish such books as they may consider useful to the convicts, not to exceed annually the sum of one hundred dollars, chargeable to the current expenses of the institution.

2861. Register of Births.-It shall be the duty of the clerk of

the penitentiary to keep a register of the births in the penitentiary (Act E. S. 1848, Sec. 2, p. 3).

2862. Separation of Convicts.-The convicts in the penitentiary whose sentences have been commuted from death to imprisonment, either for life or for a term of years, shall no longer be permitted to labor in company with the other convicts; but shall be employed apart from them, and as soon as the necessary changes in the cells can be made, shall be confined and made to labor alone, on the plan in force in the Eastern Penitentiary of Pennsylvania; those changes to be made under the direction of the board of directors.

2863. Exemplary Conduct-Reward.-For the purpose of en couraging exemplary conduct in the convicts, and as a reward for the same, the board of directors shall have power to remit a small portion of the term of any convict.

It shall in no case exceed two days per month, and one month shall intervene between each remission; a book shall be kept by the clerk, in which shall be recorded a brief statement of the circumstances and reasons of each remission, and the name of the convict, which book is to be submitted to the inspection of the directors and the committees of the Legislature (Act 1842, Sec. 6, p. 520).

COMMUTATION OF SENTENCES.

Act 112, 1890, p. 154.

AN ACT to amend and re-enact an act entitled an act providing for commutation of sentences for good behavior of convicts in the penitentiary and in the parish prisons of the State, approved July 7, 1886.

SECTION 1. That an act entitled an act providing for commutation of sentences for good behavior of convicts in the penitentiary and in the parish prisons of the State, approved July 7, 1886, be amended and re-enacted so as to read.

SEC. 2. That every convict confined in the penitentiary or parish prison in this State, on a conviction of felony or misdemeanor, whether male or female, when the term or terms equal or equals one year or more, may earn for himself or herself a commutation or diminution of his or her sentence as follows, namely: Two months for the first year; two months for the second year; three months each for the third and fourth years; and four months for each subsequent year and the judges throughout the State shall at time of rendering sentences, declare the sentence so pronounced shall be subject to the commutation and diminution under the rules and conditions provided for in this act.

SEC. 3. That when any convict in any parish prison or the penitentiary in this State is held under more than one conviction, the several terms of imprisonment imposed thereunder shall be construed as one continuing term for the purpose of estimating the amount of commutation which he or she may be entitled to under the provisions of this act. For the purpose of this act, the term of imprisonment of each convict shall begin on the date of his or her actual incarceration in a parish prison or penitentiary as the case may be.

SEC. 4. That on any day not later than the twentieth day of each month, the sheriff of each of the parish prisons in this State, and the Board of Control of the penitentiary in this State, shall forward to the Governor a report directed to him of any convict or convicts who may be discharged the following month by reason of the commutation of his or her sentence, or their sentences, in this manner to-wit: Said report to be partially printed and partially written, uniform as to size and arrangement and shall contain the following information: The full

name of the convict, together with any alias which he or she may be known to have, the name of the parish where the conviction was had, a description of the crime of which the convict was found guilty; the court in which the conviction was had; the name of the presiding judge; the date of sentence; the date of reception in the prison or penitentiary; the amount of commutation earned; and the date on which the convict will be discharged from the prison or penitentiary, provided said date is written the year in which the report is made. SEC. 5. That no commutation will be allowed under this act to convicts who have been convicted on previous times, either for the offense for which he is then held or for other offenses.

SEC. 6. That in case any convict in any of the prisons escapes, he or she shall forfeit all claims to the provisions of this act.

SEC. 7. That all convicts who shall be released from imprisonment under the provisions of this act shall receive from the Board of Control of the penitentiary in this State or from the keeper of the parish jails in the different parishes, a certificate stating that the release obtained by reason of commutation is conditioned that the said convict shall keep the peace of State, and that if any said convict shall, during the period between the date of his or her discharge by reason of such commutation, and the date of the expiration of the full term which he or she was sentenced to, be convicted of any felony or misdemeanor, he or she shall in addition to the penalty which may be imposed for such felony committed in the interval as aforesaid, be compelled to serve in the prison or penitentiary in which he or she may be confined for the felony for which he or she is convicted. the remainder of the term which he or she would have been compelled to serve but for the commutation of his or her sentence as provided for in this act.

SEC. 8. That whenever any person who has been convicted of a crime and sentenced to imprisonment for life, and who has served in the penitentiary fifteen years of said sentence, and who has during the fifteen years so conducted himself as to merit the approval of the Board of Control, he may apply for commutation of his sentence, and upon an approval of said Board of Control. the same shall be forwarded to the Board of Pardons, and upon their approval the same shall be forwarded to the Governor; provided that not more than one convict out of every five confined to life imprisonment shall be commuted in any one year.

SEC. 9. That if any convict who has earned commutation by reasons of the provisions of this act should before the date of his discharge from prison conduct himself or herself in an improper manner, or who shall infringe the prison rules or discipline, then such person shall not be eligible to any of the privileges of this act.

SEC. 10. That all the constituted authorities mentioned in this act must put this law into immediate operation after its promulgation and all convicts who have complied with the requirements of act 72 of 1886 shall get credit for same and be entitled to the benefits of this act from the time of their incarceration.

SEC. 11. That all laws or parts of laws in conflict with the provisions of this act be and the same are hereby repealed.

2864. Solitary Confinement Abolished.-Hereafter solitary confinement in the penitentiary is abolished, except in enforcing obedience to the police regulations thereof (Act 1838, Sec. 4, p. 109).

2865. Ratification of Lease.-The lease of the penitentiary executed between his excellency, Governor Joshua Baker, and Messrs. John M. Huger and Charles Jones, approved by Major General W. S. Hancock, and dated March eighteenth, one thousand eight hundred and sixty-eight, be and is hereby ratified and confirmed, subject to the provisions and stipulations of this act (Act 55, 1869, p. 56).

RENEWAL AND EXTENSION OF LEASE.

Act 114, 1890, p. 156.

AN ACT to renew and extend the lease of the Louisiana State Penitentiary, now existing, whereby S., L. James is Lessee, for the period of ten years, and fixing the amount of rental to be paid therefor.

SECTION 1. That the lease now existing and in force by authority of act number fifty-five approved March the fifth A. D. one thousand eight hundred and sixty-nine; and amended and re-enacted by act number fifty-six, approved March the third, A. D. one thousand eight hundred and seventy be and the same is hereby renewed and extended for and during the term of ten years from the expiration of the existing lease, March the third, A. D. one thousand eight hundred and ninety-one at an annual rental of fifty thousand dollars net payable in advance. Provided that the lessee be and is authorized to employ the convicts in working on levees, railroads and other works of public improvement and is at no time or manner to sub-lease or hire to any other person any convict or gang of convicts for the purpose of plantation or farm work.

SECTION 2. That it shall be duty of the Governor, and he is hereby authorized to contract with S. L. James as lessee, to carry out the provisions of this

act.

Provided that the convict labor may be employed upon all public works, such as building and repairing levees, railroads, canals etc., but under no circumstances shall they be hired, sub-let or rented out, or used by the lessee himself in the cultivation planting or gathering of any agricultural crop, such as rice, sugar, cotton or corn, it being the object of the State herein expressed that the convict labor shall be used only in and on public works and improvements, and not in agricultural pursuits, and any attempt to so use them shall forfeit the lease, and it shall be the duty of the Governor, where proof of same is brought to his attention. to take possession of the convicts and declare this lease forfeited; provided, that nothing herein contained shall prevent the lessee from using ten male convicts in the cultivation, gathering and shipping vegetables, and butchering, herding and shipping beef to the other convicts and provided further that this prohibitory clause shall not apply to the female convicts, who can be hired for or used in agricultural purposes, and to young and disabled convicts, but in no case shall they be sub-let or hired to third parties, it being the intent of this act that said exempted persons can only be employed by the lessee.

Provided that said lessee shall within thirty days after this act is promulgated give good and solvent security in the sum of fifty thousand dollars, for the faithful performance of his contract; and shall, furthermore, within ten days from said promulgation deposit subject to the orders of the Governor the sum of ten thousand dollars to be returned to said lessee when said bond is given and approved.

Act 56, 1870, p. 84, referred to in Act of 1890, substitutes certain names for those mentioned in R. S. 2865, extends the lease for twenty-one years from March 3, 1870, and fixes the rental.

See Act 134, 1894, Employment of Convicts, printed at p. 676.

2866. Regulations-Health, Religion, etc.-The board of control of the penitentiary shall have the direction and control of the health and religious regulations of the convicts. They shall take care that the food and rations of the convicts shall not be less than those prescribed by the United States army regulations for soldiers, and that the clothing of the convicts shall be comfortable, suitable and adapted to their employment; Provided, That nothing in this act shall be construed into a right to impair their efficiency in their labor, or to interfere in the employment of the convicts in accordance with

the terms of the lease; and it shall be the duty of the board to see that no unusual or excessive mode of punishment be introduced into the penitentiary discipline; and should the lessees, on due notice from the board, persist in violating the provisions of this section, the president of said board shall prosecute the lessees, and on conviction, they shall be subject to a fine of not less than one hundred dollars, nor more than one thousand dollars, at the discretion of the court.

2867. Erection of Buildings-Repairs.-As part of the improvement which shall be made with the consent of the board of control, under the sixth item of the lease, the lessees shall complete the cotton and woolen factory buildings already commenced, shall remove and rebuild the foundry to the rear of the main building, and construct it with the view of using it as a machine shop for the manufacture of agricultural implements; shall thoroughly repair the department for female convicts; and shall construct a brick wall fifteen feet in height around the penitentiary grounds, and generally to make such repairs as may be indicated by the board of control; the board of control shall appoint the physician, who shall have the entire control over his department.

Act 8C, 1880, p. 105.

AN ACT to provide for present and future repairs to buildings belonging to the State Penitentiary.

SECTION 1. That the lessees of the State Penitentiary be and are hereby authorized and instructed to immediately make all repairs, necessary at present and which may become necessary in the future, on the buildings of the State Penitentiary.

SEC. 2. That the necessary repairs shall be made only as required and under the supervision of the board of control of the State Penitentiary; and that whenever the members of said board of control shall have certified that the necessary repairs have been satisfactorily made and that the cost thereof is correct, and such certificate has been furnished to the Auditor of the State, he, the Auditor, shall credit the lessees of the State Penitentiary with the amount of cost, and such amount shall be deducted from any sums of money which may be due or become due to the State of Louisiana by the lessees of the State Penitentiary for rent.

SEC. 3. That all acts or parts of acts in conflict with this act be and they are hereby repealed.

2868. Machinery to be Furnished, etc.-In order to carry out fully the seventh item in said contract, the lessees of the penitentiary are required to procure and place in the buildings prepared for the purpose two hundred looms, with all the necessary machinery for preparing and finishing cotton cloths, and such machinery as may be thought advisable by the lessees for preparing woolen cloths; Provided, that before said purchase shall be made, a detailed estimate of the cost of such machinery shall be made out and filed in the office of the Auditor of Public Accounts, and provided that the whole cost of such machinery shall not exceed the sum of three hundred thousand dollars.