Lancaster Gazette, 1828-05-06

Sec. 13. Beit further enacted, That all Convicts, sentenced to hard labour and con confined - fined confined in said Prison, shall be constantly em employed - ployed employed for the benefit of the Commonwealth, and no communication between them and persons without the Prison shall be allowed, and all intercourse among them as far as practicable shall be prevented ; and as soon as the state of the Prison will permit, eack convict not in the Hospital, shall be confined, in the night time in a separate cell, and no convict shall hereafter leave the Prison without a decent suit of clothes ; and the Warden at his discretion may pay to such convict a sum of money not exceeding five dollars, if deserved by good conduct. Sec. 14. Be it further enacted, That each convict shall be allowed for his yearly clothing, one pair of thick pantaloons, one thick jacket, one pair of thia pantaloons, one thin jacket, two pairs of shoes, two pairs of socks, three shirts and two blankets, all of a coarse kind; but the Warden, with the con consent - sent consent of the Inspectors, may, for sufficient cause, allow some additional articles of clothing. Sec. 15. Be it further enacted, That the daily sustenance of the convicts, not in the Hospital, shall consist of the following ra rations - tions rations : one pound of Number one beef, or twelve ounces of Number one pork, ten ounces of rye meal, ten ounces of Indian meal, and three quarters of a gill of molasses for each prisoner, and for every hundred ra rations, - tions, rations, two and a half bushels of potatoes, two quarts of vinegar, four quarts of salt, and two ounces of black pepper, and dur during - ing during six months of the warmest season of the year, four quarts of molasses, and twelve ounces of hops to each convict, and no snuff or tobacco, or any other articles of sub subsistence, - sistence, subsistence, either of food or drink, except water, shall in any manner be allowed them. The subsistence and diet of the convicts in the Hospital shall be regulated by the Phy Physician, - sician, Physician, whose requisitions therefor shall al always - ways always be in writing, and shall in no case be given for a longer term of time than a week. The Inspectors may provide for the substi substitution - tution substitution of fresh beef for salt beef, for a part of the time, not exceeding two days in each week; if they should deem it expedient so to do. Sec. 16. Beit further enacted, That the principal articles used at the Prison, such as rations, fuel, stone, iron, steel, and also the transportation and truckage, shall be con contracted - tracted contracted for by the year, and before any such contract shall be made the Warden shall have given public notice in two newspapers at least, that such articles are required, and that proposals will be received, to contract for them, a sufficient time to give informa information - tion information to such persons us may wish to furnish them; and the person offering the best terms, shall be entitled to the contract, un unless - less unless it shall be found that no offer is so low as the market price of the article wanted, in which case the said offer shall not be ac accepted - cepted accepted ; and the Warden by and with the consent of the Inspectors, shall proceed to make a contract for the articles wanted, in the best manner for the interest of the Com Commonwealth - monwealth Commonwealth ; provided that it shall be the duty of the Inspectors to cause to be re recorded - corded recorded all the proposals which they may re receive - ceive receive for the supply of any article. No of officer - ficer officer of the Prison shall be concerned in any such contract, and all proposals shall be made under seal, and opened at the same time by the Warden in presence of. the In Inspectors, - spectors, Inspectors, and all persons making such con contracts, - tracts, contracts, shall give bonds in a suitable penalty for the due performance of the same. Sec. 17. Be it further enacted, That it shall be the duty of the Governor and Coun Council, - cil, Council, annually, and as much oftener as they may think proper, to visit the prison, to ex examine - amine examine its concerns, and ascertain its condi condition - tion condition ; and it shall be the duty of the Gov Governor, - ernor, Governor, with the advice and consent of the Council, to cause such additional buildings, or alteration in existing buildings to be made, as that there shall at all times be as

sent from the Prison, the Deputy Warden shall have all the power and authority, and ' be subject to all the duties and liabilities of the Warden. Sec. 5. Be it further enacted, That the Deputy Warden, Clerk, Superintendant of the stone department, Overseers and Watch Watchmen - men Watchmen shall perform such duties, in and about the care and custody of the Prison and the property thereto belonging, and in and about the care, custody, government, employment, and discipline of the prisoners confined therein, as shall be required of them by the Warden, in conformity to the Laws of the Commonwealth, and the rules and regula regulations - tions regulations of the Prison. Sec. 6. Be it further enacted, That it. shall be the duty of the Chaplain of the Prison to perform divine service therein, and also to visit the sick and instruct the convicts in their moral and religious duties, and his whole time shall be devoted to the objects of his appointment. And it shall be the'duty of the Physician to visit the Hospital once a day and as much ol tenor as may be necessary,to prescribe for sick convicts,and also to attend to the regimen, clothing and cleanliness of of the Prisoners in the Hospital Department; and his orders in writing for supplies in that Department, shall authorize the Warden to procure the same. He shall keep a record of all orders given by him for supplies, de designating - signating designating the articles, and shall keep a jour journal - nal journal of the patients in the Hospital, designat designating - ing designating the time of entry of each, and the time of discharge or death, the nature of his com complaints - plaints complaints and prescriptions. Sec. 7. Be it further enacted, that the Inspectors shall make, ordain and establish such rules and regulations, not repugnant to the laws of the Commonwnalth, as they may from time to time see fit for the government of the Prison, the direction of the officers, the employment and discipline of the con convicts, - victs, convicts, and the custody and preservation of the property therin, and said Inspectors shall, as soon as may be, cause a copy of all rules and regulations, established by them, to be laid before the Governor and Council, who may modify or annul the same or any part thereof. The Prison shall be visited by the Inspectors, or some one of them at least, as often as once a week, and by them as a board, as often as once a month, for the purpose of inspecting the Books and all oth other - er other concerns of the Prison ; seeing whether the laws, rules, and regulations are duly ob observed - served observed ; whether the officers are competent and faithful, and whether the convicts are properly governed and employed; and it shall be their duty to report to the Governor and Council all omissions and violations of duty in the Warden, Chaplain, and Physi Physician, - cian, Physician, and to remove, as before provided, all unsuitable officers holding their appoint appointments - ments appointments at the will and pleasure of the In Inspectors - spectors Inspectors and Warden; and it shall be the duty of the Inspectors to cause a copy of all rules, and regulations, certified by the Clerk ofthe Prison, to be delivered to the Warden, as soon as may be, after the same shall have been approved by the Governor and Council; and also to make a detailed report of the concerns of the Prison to the Governor and Council, on the last day of September an annually. - nually. annually.

Sec. 21. Be it further enacted, That all necessary means may be used under the direction of the Warden to suppress insur insurrection, - rection, insurrection, enfore obedience and maintain or order - der order in the prison, or to prevent escapes therefrom ; provided, however, that no con convict - vict convict shall be punished by solitary confine confinement - ment confinement more than ten days, or by more than ten stripes, without the consent of the In Inspectors, - spectors, Inspectors, which consent shall be given in writing and with a statement of the occa occasion - sion occasion of punishment, shall be entered on the record. Sec. 22. Be it further enacted, That if any officer or other person employed in said prison, shall voluntarily suffer any convict therein to escape, or shall in any way con consent - sent consent to such escape, he shall, on conviction thereof before the Supreme Judicial Court, be punished by solitary imprisonment for a term not exceeding one year, and by con confinement - finement confinement to hard labour for a term not ex exceeding - ceeding exceeding twenty years, at the discretion of said Court. Sec. 23. Be it further enacted, That if any officer, or other person employed in said prison, shall negligently suffer any convict under sentence of solitary confinement, to be at large without the cell assigned to such convict, or shall negligently suffer such con convict - vict convict or any convict therein confined, under sentence to hard labour, to be at larger without the precinct of said prison, or shall suffer any convict confined in said prison to be visited, conversed with, comforted or relieved, contrary to the rules and regula regulations - tions regulations thereof, such officer, or other person so neglecting his duty, shall, on conviction thereof before the Supreme Judicial Court, be punished by fine, not exceeding five hun hundred - dred hundred dollars. Sec. 24. Be it further enaced, That if any person shall forcibly or fraudulently rescue or attempt to rescue any convict from the custody of any officer, or other person authorized or empowered by warrant of commitment as aforesaid, or from the State Prison, or from any other prison, where such convict may be lawfully com committed, - mitted, committed, pursuant to any sentence of solitary imprisonment or confinement to hard labour, or shall convey to any convict in custody, or committed as aforesaid, or into said State Prison, or any other prison, any tool, instru instrument, - ment, instrument, weapon, or other aid, with intent to enable such convict to escape, or to procure the escape of any convict, whether such es escape - cape escape be effected or not, every person so offending, being duly convicted before the Supreme Judicial Court, shall and may be punished by solitary imprisonment, not ex exceeding - ceeding exceeding one year, and by confinement to hard labour, not exceeding ten years, or at the discretion of the Court, may be punish punished - ed punished with a fine not exceeding five hundred dollars, and by binding to good behaviour for a term not exceeding three years, ac according - cording according to the nature and aggravation of offence.

Sec. 8. Be it further enacted, That the Warden and Deputy Warden shall reside within the limits of the prison ground as soon as the accommodations can be made ; and the Inspectors shall each receive one hundred dollars a year, the Warden fifteen hundred dollars, the Deputy Warden eight hundred dollars, the Chaplain five hundred dollars, the Physician two hundred dollars, the Clerk eight hundred dollars; the Super Superintendant - intendant Superintendant of the Stone Department eight hundred dollars, the Turnkeys each five hun hundred - dred hundred dollars, and the Watchmen each three hundred dollars, in quarterly payments, to be made by the Warden out of the Treasu Treasury - ry Treasury of the Prison, in full compensation for their services, respectively, and no other perquisite or reward, whatever, shall be al allowed - lowed allowed them; neither shall the Warden or any other officer appointed by him with the approbation of the Inspectors, during the term of their continuance in office, be em employed - ployed employed in any other business for his own emolument, than that which is required of him in the discharge of the duties of his of office. - fice. office. Sec. 9. Beit furtherenacted,ThatMcon furtherenacted,ThatMconvicts, - victs, furtherenacted,ThatMconvicts, in confinement under lawful sentence of Court in the Prison, shall be restrained and employed therein, under the regulations and discipline of the Prison, pursuant to their respective sentences, and all criminal convicts hereafter sentenced to confinement to hard labour for life, or any other term, or to solitary imprisonment and hard labour,shall and may be imprisoned, restrained, and em employed - ployed employed in and within the precincts of said Prison; and the Court, before whom such conviction may be,' are hereby authorized and empowed by warrant, under their seal, directed to the Warden of said Prison, to cause all such convicts, us soon as may be, after sentence, to be removed from any Gaol in the respective Counties of the Common Commonwealth - wealth Commonwealth to the State Prison; and the said Warden, and all Sheriffs and Keepers of Gaols, are hereby required strictly to ob observe - serve observe and obey the directions contained in such warrant; and it shall be the duty of the Clerk of any such Court to make out such warrant, as soon as may be, and deliv deliver - er deliver the same to the of the County where such convict may be, and he is here hereby - by hereby directed to cause the same to be trans transmitted - mitted transmitted and delivered to the Warden of said Prison, who shall, by himself or such person as he may appoint for that purpose, forthwith cause the same to be executed and returned according to the piecept thereof ; and it shall be the further duty of the said Clerks, to make out and annex to such warrant, in all cases, an attested copy of the record of the conviction and sentence upon which said warrant shall be issued as aforesaid, and transmit the same with said warrant to the Warden of said State Prison, to be by him kept and filed with the said warrant.

EVERY TUESDAY EVENING, BY F. & J- ANDREWS, L NCAS TEE, MASSACHUSETTS. LTwo dollars per annum - or one dollar L five cents if paid in advance. If not [i six months after the expiration of the [dollars and fifty cents. L.cvmfnts conspicuously inserted three r dollar per square; less than a L enty-five cents, and continued a longer L shilling an insertion. I for the LANCASTER GAZETTE. Ige H. Hills, Leominster. Les H. Whiting, Sterling. Fell & Sawyer, Bolton. L gentlemen named above as Agents are fto receive subscriptions to the Gazette, lilts for the same. Advertisements, or any [printing, forwarded through them will re rehpt - hpt rehpt attention. STATE LAWS. [MON WEALTH OF MASSACHUSETTS. ir of our Lord one thousand sight hundred I and twenty eight. pT providing for the Government Id Regulation of the State Prison. I. Be it enacted by the Senate and f ßepresentatives in General Court k and by the authority of the same, | Government of the State Prison, lin Charlestown, in the County of L shall be invested in three In In[ - [ In[ a Warden, Deputy Warden, Chap Chap[ysician, - [ysician, Chap[ysician, Clerk, Superintendant of L Department, who shall also be one lerseers, eight Turnkeys, who shall |verseers,and six Watchmen,togeth Watchmen,togethluch - luch Watchmen,togethluch additional number of Turnkeys Ithmen as the Inspectors, upon the Ration of the Warden, may at any In necessarv and proper, during the the new Prison, andno longer. [. Be it further enacted, That the Eby and with the advice and con conle - le conle Council, shall appoint and com- Kree able and discreet persons to be K of said Prison, one of them shall Bated as Chairman by his commis- Kld their offices during the pleasure not exceeding four years Ie appointment; the Warden, Chap - Physician, shall be appointed and Boned by the Governor, with the Id consent of the Council, and shall K offices during the pleasure of the E ; all the other Offices shall be K by the Warden, subject to the of the Inspectors, and shall hold Kees during the pleasure of the land Inspectors: provided, however, Inspectors shall not give their Ito the removal of any officer, the I may appeal to the Governor and Iwho are hereby authorized and em- I to make such removal. B Be it further enacted, That the | shall have the care and custody of In, and the lands, buildings, imple impleiock, - iock, impleiock, provisions and other property iant or belonging to the same, or lincts thereof; he shall also have land custody of the convictsconfin convictsconfin| - | convictsconfin| Prison, and shall govern and em - pursuant to their sentences re rely, - ly, rely, and in conformity to the laws of

Sec. 27. Be it further enacted, That from and after the first day of April next, the Act entitled " An act providing for the government and regulation of the State Prison, passed the twenty first day of June, one thousand eight hundred and eleven; an act in addition thereto, passed the six sixteenth - teenth sixteenth day of June, one thousand eight hundred and thirteen; an act further in ad addition - dition addition thereto passed the first day of March, one thousand eight hundred and fifteen ; and an act further in addition thereto passed the twelfth day of June one thousand eight hundred and eighteen ; and an act entitled an act making further provisions for the punishment of Convicts, sentenced to hard labour, and the better regulation ofthe State Prison, passed the twenty third day of February, one thousand eight hundred and eighteen, excepting the fifth and sixth sec sections* - tions* sections* thereof, so far as the said fifth and sixth sections are not altered by the nine nineteenth - teenth nineteenth and twentieth sections of this act; and also an act entitled An Act for regu regulating - lating regulating the supplies of food and other arti articles - cles articles for the State Prison and for letting by contract the labour of the Convicts, pas passed - sed passed the twenty third day of February, one thousand eight hundred and twenty two; also An Act entitled an act, in addition to the several Acts for the government and regulation of the State Prison, and defining the powers and duties of the Officers of the same passed the tenth day of March, one thousand eight hundred and twenty seven, be and the same are hereby repealed, sav saving - ing saving .always that aft acts, matters and things done under, and pursuant to said acts shall remain good and valid, and all Officers, Agents and Servants of said prison, who have been appointed or employed under the same, shaft remain in their respective offices and places until others are appointed and employed in their stead, in the same manner they would have done had not said acts been repealed, - and the powers and duties to be exercised and performed by the Directors as is provided in an act, entitled An act for the erecting another building within the limits of the State Prison in Charlestown, and for the better government thereof, passed the fifteenth day of February, one thousand eight hundred and twenty six, shall be exercised and performed by the In Inspectors - spectors Inspectors to be appointed in conformity to the provisions of this act. And this act shall take effect, and be in force from and after the first day of April, one thousand eight hundred and twenty eight. Approved by the Governor, March 11,1828.

and the rules and regula- I the Prison, and for this purpose he Imand all the officers of the Prison, lie Inspectors, Chaplain, and Physi - shall serve all process within the the Prison, and return the same, I process shall be directed to him je-ly, and he shall be Treasurer of and receive and pay out all to the same, and he shall be kept a regular account of all Berns of the establishment, and it Biis duty, twice a year, and as soon Be after the last day of March and Bay of September, to make out a de - closed on said days, of all the B and disbursements, and of all the Bind proSts of the Prison, with good Bcient vouchers, and shall present B after having been approved by the to the Treasurer of the Common- Bho shall audit and settle the same, B it in his office for the inspection Bgislature; and said Warden shall Baid days make out a statement of Bral affairs of the Prison, and lodge Bin the office of the Sec. of the Com- Bh, for the inspection of the Execu- Begislative Departments of the Gov- B All contracts on account of the be made with the Warden, and by the Inspectors, shall be law, and the Warden, or his suc sucoffice, - office, sucoffice, may sue or be sued thereon udgment and execution, and the all not abate by a vacancy in the Warden, but it shall be lawful for essor, appointed during the pen penally - ally penally action upon such contract, to i himself the prosecution or defence and upon due notice from the ad adrty, - rty, adrty, it shall be his duty so to do. rden shall from time to time sug sughe - he sughe Inspectors such alterations in WS of the Institution as he shall per; and all appointments of Ossi Ossie - e Ossie by him shall be immediately re re° - ° re° the Inspectors. He shall give the Commonwealth in the sum of thousand dollars, with sufficient to be approved by the Governor ncil, conditioned that he shall faith - all the duties incumbent on Warden of the said Prison. And is of accounts of and all other docu docu-11 - -11 docu-11 relation to the concerns of the shall at all times be subject to the on of the Board of Inspectors, whose shall be at each montlily meeting to B such books and accounts, and the -s relating thereto. 4. Beit further enacted, That when ce ot Warden shall by any means be or the Warden shall be unable to o the duties of his office, or be ab-

Sec. 10. Be it further enacted, That it shall be the duty of the Warden to receive such persons as may be convicted before any Court of the United States, at any term thereof, holden within this Commonwealth, and sentenced to confinement and hard la labour - bour labour by any such Court, and all such con convicts - victs convicts safely to keep and employ pursuant to their sentences, until they shall be discharged by due course of law of the United States. Sec. 11. Be it further enacted, That if any convict committed to the State Prison, under sentence for a limited time, shall as assault - sault assault any Inspector, the Warden, or other persons employed in the direction or custo custody - dy custody of said State Prison, or shall attempt by violence to escape therefrom, every such convict so further offending, upon due con conviction - viction conviction thereof before the Supreme 1 Judicial Court, shall and may be punished by solitary imprisonment not exceeding one year in ad addition - dition addition to any former like sentence, or to precede the fulfilment of any mer sen sentence - tence sentence to hard labour, as the case may be, and at the discretion of said Cour, may be further punished by hard labour, for a term not exceeding ten years to commence after such solitary imprisonment, or after any former sentence shall be fulfilled, as the case may be. Sec. 12. Be it further enacted, That if any convict committed to the State Prison under sentence of confiement to hard labour during life, shall assault any Inspector, the Warden, or other person employed in the government thereof, or shall forcibly at attempt - tempt attempt to break from the said prison, every such convict so offending, upon due convic conviction - tion conviction before the Supreme Judicial Court, shall and may be punished by solitary con confinement - finement confinement not exceeding one year at the dis discretion - cretion discretion of said Court, and shall be after afterwards - wards afterwards there holden in custody upon such former sentence ; and every convict bein<r under confinement as aforesaid, who shaft escape from said prison, shall for every such offence be further sentenced to solita solitary - ry solitary imprisonment for a term not exceeding one year.