Proceedings on such demands from other states. R. S. 142, § 7. 5 Met. 546. Same subject. R. S. 142, § 7. 5 Met. 546. Persons arrested to have opportunity to aphabeas corpus. 1857, 289, § 1. complaint to be accompanied by affidavits to the facts constituting the offence charged, by persons having actual knowledge thereof, and such further evidence in support thereof as the governor may require. SECT. 2. When such demand or application is made, the attorneygeneral or other prosecuting officer shall, if the governor requires it, forthwith investigate the grounds thereof, and report to the governor all the material facts which may come to his knowledge, with an abstract of the evidence in the case, and especially in case of a person demandel, whether he is held in custody, or is under recognizance to answer for any offence against the laws of this state or of the United States, or by force of any civil process, with an opinion as to the legality or expedi ency of complying therewith. SECT. 3. If the governor is satisfied that the demand is conformable to law and ought to be complied with, he shall issue his warrant, under the seal of the commonwealth, to some officer authorized to serve warrants in criminal cases, directing him at the expense of the agent making the demand, at a time designated in the warrant, to take and transport such person to the line of this state, and there deliver him over to such agent, and such officer may require aid as in criminal cases. SECT. 4. No person arrested upon such warrant shall be delivered over to such agent of a state or territory, until he has been notified of ply for writ of the demand made for his surrender and had opportunity to apply for a writ of habeas corpus, if he claims such right of the officer making the arrest. And when such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the attorney-general or other prosecuting officer for the district within which the arrest Penalty on officer not afford is made. SECT. 5. An officer who delivers over to such agent for extradition ing such oppor- any person in his custody upon such warrant, without having complied with the provisions of the preceding section, shall forfeit a sum not exceeding one thousand dollars. tunity. 1857, 289, § 2. Fees, how paid. Persons liable to be de manded by otharrested, &c. R. S. 142, § 8. 5 Met. 536. SECT. 6. If the application for the arrest of a fugitive from the justice of the state is complied with, and an agent appointed, his account shall be audited and paid by the state. SECT. 7. When a person is found in this state charged with an offence committed in another state or territory, and liable by the constier states may be tution and laws of the United States to be delivered over upon the demand of the executive of such other state or territory, any court or magistrate authorized to issue warrants in criminal cases may upon complaint under oath, setting forth the offence and such other matters as are necessary to bring the case within the provisions of law, issue a warrant to bring the person charged before the same or some other court or magistrate within the state, to answer to such complaint as in other cases. SECT. 8. If upon the examination of the person charged it appears to the court or magistrate, that there is reasonable cause to believe that the complaint is true, and that such person may be lawfully demanded of the executive, he shall, if not charged with a capital crime, be required to recognize with sufficient sureties in a reasonable sum to appear be fore such court or magistrate at a future day, (allowing a reasonable time to obtain the warrant of the executive,) and to abide the order of the court or magistrate. SECT. 9. If such person does not so recognize, he shall be committed to prison and there detained until such day, in like manner as if the offence charged had been committed within this state; and if the person recognizing fails to appear according to the condition of his recog nizance, he shall be defaulted, and like proceedings shall be had as in case of other recognizances entered into before such court or magistrate. If the person is charged with a capital crime, he shall be committed to prison and there detained until the day so appointed for his appear ance. with or dis SECT. 10. If the person so recognized or committed appears before How proceeded the court or magistrate upon the day ordered, he shall be discharged, charged. unless he is demanded by some person authorized by the warrant of the R. S. 142, § 10. executive to receive him, or unless the court or magistrate sees cause to commit him, or to require him to recognize anew for his appearance on some other day, and if when ordered he does not so recognize, he shall be committed and detained as before: provided, that whether the person charged is recognized, committed, or discharged, any person authorized by the warrant of the executive may at all times take him into custody, and the same shall be a discharge of the recognizance, and not be deemed an escape. paid. SECT. 11. The complainant in such case shall be answerable for all Expenses, how actual costs and charges, and the support in prison of any person so R. S. 142, § 11. committed, to be paid in like manner as by a creditor for his debtor See Ch. 124. committed on execution. If the charge for support in prison is not so paid, the jailer may discharge such person in like manner as if he had been committed on an execution. PARDONS. Const. Ch. 2, SECT. 12. In all cases in which the governor is authorized by the Governor may constitution to grant pardons, he may by and with the advice of the grant pardons. council, and upon the petition of the person convicted, grant the pardon, $1, art. 8. upon such conditions, with such restrictions, and under such limitations, R. S. 142, § 12. as he deems proper, and he may issue his warrant to all proper officers, to carry such pardon into effect; which warrant shall be obeyed and executed, instead of the sentence originally awarded. set forth in de 301 SECT. 13. When a pardon is granted to a convict, or any part of the Terms of parpunishment of a convict is remitted by the governor with advice of don, &c., to be council, on conditions to be performed by the convict, the terms and warrant. conditions upon which the pardon or remission is granted shall be speci- 1837, 181, § 1. fied and set forth in the warrant thereupon to be issued. And the governor, by and with the advice of the council, may require a bond to be given to the commonwealth, in such sum and with such surety as he may approve, conditioned that the terms upon which the pardon or remission is granted shall by said convict be truly observed and kept. The bond shall be deposited with the treasurer of the commonwealth, and be prosecuted to final judgment and execution when the condition thereof is broken. When such bond is required by the governor, the pardon or remission of punishment shall not take effect until the bond is executed and deposited, as aforesaid. to terms of par SECT. 14. When a convict sentenced to confinement in the state Keepers of jails, prison, or any jail or house of correction, is pardoned, or his punishment convicts at remitted by the governor with the advice of the council, on conditions large contrary to be by the convict observed and performed, and it comes to the knowl- don, &c. edge of the warden of the state prison, or keeper of the jail or house 1837, 181, § 2. of correction, where the convict was confined, that he is abroad in violation of the conditions of his pardon or remission of punishment, such warden or keeper shall forthwith cause him to be arrested and detained according to the terms of his original sentence. In computing the period of his confinement, the time between the conditional pardon and subsequent arrest shall not be taken to be any part of the term of sentence. charged with SECT. 15. When a convict is arrested and detained for any breach Proceedings of the condition of his pardon or remission of punishment, the warden against convicts or keeper arresting him shall forthwith give notice in writing to the dis- violating condi trict-attorney for the district where such warden or keeper resides, and tons of pardon, &c. 1837, 181, § 3. 1859, 196. Proceedings against convicts charged with violating conditions of pardon, &c. 1857, 289, § 3. How warrant of pardon executed. R. S. 142, § 13. such attorney shall file an information before the superior court next to be held in said district, in the same manner as other informations are filed, so that it may be judicially ascertained whether the condition of the pardon or remission of punishment has been broken by the convict. SECT. 16. If it is admitted by the convict, or found by the verdict of the jury, that the condition is broken, the court before whom the information is filed shall sentence the convict to be remanded and confined for the unexpired term of his former sentence, and to a further period of confinement not exceeding one-half the time for which he was sentenced for the offence to which the pardon or remission applied, to take effect from and after the period when he has suffered the whole term of imprisonment to which he was originally sentenced. If the convict was before sentenced to confinement for life, he shall be subjected to such solitary confinement as the court shall order. If it appears to the court, by the verdict of a jury or otherwise, that the convict has not broken the conditions of his conditional pardon or remission, he shall be discharged. SECT. 17. When a convict is pardoned or his punishment is commuted, the officer to whom the warrant for that purpose is issued shall, as soon as may be after executing the same, make return thereof under his hand, with his doings therein, to the secretary's office; and he shall also file in the clerk's office of the court in which the offender was convicted, an attested copy of the warrant and return, a brief abstract whereof the clerk shall subjoin to the record of the conviction and sentence. TITLE III. OF PRISONS AND IMPRISONMENT. CHAPTER 178.-Of Jails and Houses of Correction. CHAPTER 179.-Of the State Prison. CHAPTER 180.— Of the Transfer of Lunatics and the Discharge of Poor Convicts. SECTION 12. Houses of correction, overseers of, &c., general powers and duties. 13. 14. may make contracts for work to be done in the house. may make contracts for letting the convicts out for hire. 15. Convicts may be employed on public lands, &c. 16. Pregnant female may be transferred to workhouse, &c. Cost of her support. 17. Certain prisoners supposed to be reformed may be discharged, &c. 18. Night-walkers, &c., committed for third of- PROVISIONS RESPECTING JAILS, HOUSES OF 19. Sheriff to have custody of jail, prisoners, 22. of officers, assistants, &c. 23. if inadequate, superior court to determine. 24. Jailer, &c., to keep calendar of prisoners. Penalty. 25. Warrants, &c., to be filed and delivered to sheriff's successor. 26. Burial of deceased prisoner. 27. Sheriff to deliver prisoners to successor. 29. Female convicts may have custody of their 30. How such child may be removed, &c. 32. Cleanliness of prisoners, their food, &c. 35. and to hard labor, but not in engraving or 36. Punishment of prisoners refusing to work, &c. Not to be in solitary more than three days, &c. 37. of refractory prisoners. 38. of poor debtors, &c., who commit depredations. 30. Sheriff's and keeper's authority not affected by two preceding sections. 44. for neglect of duty by sheriff, jailer, &c. 46. Punishment for prisoners escaping, &c. 48. Removal of prisoners in case of pestilence. EXPENSE OF SUPPORTING PRISONERS, &C. 52. Advancement of money for tools and ma- 53. Master, &c., to keep account of earnings, &c. 56. Compensation of master of house of correc- 57. Overseers, &c., to audit accounts for sup- 58, 59. Support of poor convicts, how recov- JAILS. SECTION 1. The jails in the several counties shall be used,First. For the detention of persons charged with offences and committed for trial: County jails, for Second. For the detention of persons committed to secure their 1855, 489, § 19. attendance as witnesses on the trial of criminal causes: Third. For the confinement of persons committed pursuant to a sentence upon conviction for an offence, and of all other persons committed for any cause authorized by law. The provisions of this section shall extend to persons detained or committed by authority of the courts of the United States, as well as the courts and magistrates of this state, except as is provided in section sixty-one of chapter one hundred and forty-four. move prisoners. SECT. 2. If there are several jails in a county, the sheriff may cause Sheriff may rethe prisoners to be confined in either, and may at his discretion remove them from one jail to another for their health or safe keeping, or for their more convenient appearance at court. Sheriff may fur nish employment to pris oners. 1848, 324, § 4. to be reim ages for escape, &c. SECT. 3. The sheriff may furnish to the prisoners employment of such nature and in such places as he deems best, and consistent with their safe keeping; but this section shall not be construed to require the performance of any labor by persons confined in jail. SECT. 4. In case of the escape of a prisoner by reason of insufficiency bursed for dam; of the jail, whereby the sheriff is made liable to any party at whose suit the prisoner was committed, or to whose use any forfeiture was a judged against him, the county shall reimburse all sums of money recovered by such party of the sheriff on account of the escape. R. S. 14, § 92. Jailers to re oners, &c., to court. Penalty for neglect. 54. SECT. 5. At the opening of each term of the superior court at which turu list of pris- criminal business may be transacted, the jailers of the county shall return to the court a list of all prisoners in their custody, specifying the causes for which and the persons by whom they were committed, R. S. 143, §§ 52, and produce and exhibit therewith, for the inspection of the court, their calendars of prisoners, and return a like list of the persons committed during the session of the court, in order that the court may take cognizance and make deliverance according to law of the prisoners committed for crimes within its jurisdiction. Jailers who neglect to make such returns, or to exhibit their calendars, shall be fined in the discretion of the court. Act of amend. $ 19. Houses of correction, how provided, &c. R. S. 14, § 9. R. S. 143, §§ 1, 2. 1848, 324, § 2. 1851, 448, § 33. 1855, 489, § 19. to have enclosed yards. Jail may be used for. R. S. 143, § 3. if several in county, convicts classified, &c. 1859, 249, § 7. overseers of, R. S. 143, §§ 11, 12. HOUSES OF CORRECTION. SECT. 6. There shall be provided by the county commissioners in each county except the county of Dukes County, and in Suffolk by the aldermen of the city of Boston, at the charge of said counties and city respectively, a fit and convenient house or houses of correction, suitably and efficiently ventilated, with convenient yards, workshops, and other suitable accommodations, adjoining or appurtenant thereto, for the safe keeping, correcting, governing, and employing, of offenders legally committed thereto by authority of the courts and magistrates of this state or of the United States, except as provided in section sixty-one of chapter one hundred and forty-four. SECT. 7. The yards shall be of sufficient extent for the convenient employment of the persons confined therein, and enclosed by fences of sufficient height and strength to prevent escapes, and also to prevent all persons without from access to or communication with any persons confined therein. When such house of correction is not provided, the jail or a part thereof may be used for that purpose, but when so used it shall be provided with a sufficient yard, so enclosed. SECT. 8. If there are several houses of correction in a county, the sentence of prisoners shall be to either house of correction therein, and the sheriff and county commissioners may classify the convicts and place them in either house. SECT. 9. The commissioners in the several counties, except Suffolk, how appointed. shall annually on the first Wednesday of January appoint to each house of correction two or three suitable persons of the county, other than the sheriff or commissioners, to be overseers thereof, and may remove any overseer and fill vacancies. 1857, 35. SECT. 10. Each overseer shall receive from the county such annual compensation for his services and travel, not exceeding one hundred dollars, as the commissioners determine, and the directors for public institutions in the city of Boston shall receive such compensation as the city council allows. SECT. 11. The commissioners in the several counties except Suffolk, and the board of directors for public institutions in Boston, shall cause to be provided, at the expense of said counties and city respectively, suitable materials and implements sufficient to keep at work all the persons committed to the house of correction, and may from time to time establish needful rules for employing, reforming, governing, and punish |