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Inspectors prohibited selling to pri

soners

recovered

ment in or about the Dauphin county prison shall, without permission from a board of the inspectors of said prison, sell any article of any kind to a prisoner, or to or for the use of the prison aforesaid, or be concerned in any contract connected with such sale, or derive any emolument from such sale or contract, nor shall they or either or any of them extend to any person confined in said prison, any favor, lenity or mitigation of punishment, or inflict any punishment not authorized by this act, or by any subsequent act that may be passed, or the rules to be made by the inspectors in accordance therewith, and any violation of this law, or any subsequent act relative to said prison, shall be considered and adjudged a misdemeanor, and on conviction for any such offence before the court of quarter sessions of the proper county, the person so offending shall be punished by any fine not less than twenty nor more than five hundred dollars, and be imprisoned for any term not less than three nor more than twelve months, and shall also be immediately removed from such office or appointment.

SECTION 9. The penalties imposed by this act, the recovery Penalties how of which is not therein specially provided for, shall be recovered in the name of the Commonwealth of Pennsylvania, for the use of the county of Dauphin, by an action of debt in any court of record having jurisdiction of sums of that amount.

Funds

surer of Dauphin co

SECTION 10. For the funds necessary for keeping, furnishing and maintaining said prison in conformity with the provisions of this act, the inspectors of said prison are hereby authorized to apply to the Commissioners of said county, and if it shall appear to said commissioners or to the court of quarter sessions of said county that the sum applied for is reasonable, and that the accounts of said inspectors are properly kept and adjusted, the commissioners of the county of Dauphin shall forthwith draw an order on the treasurer of said county in favor of the treasurer of said prison for the use thereof for such sum as shall be necessary to satisfy such demands.

SECTION 11. The treasurer of the county of Dauphin shall, Duties of trea- in addition to his other duties, receive all moneys belonging to the "Dauphin county prison," and shall disburse the same on orders drawn on him by a board of the inspectors of said prison. He shall keep a just and true acconnt of all moneys received and disbursed, which account shall be at all times open to the inspection of the inspectors and each of them. He shall once in each year state his accounts and produce his vouchers, which, after examination by the inspectors, shall by them be laid before the county auditors for settlement, and be acted and reported on as accounts of county officers are by law authorized to be settled, and shall be subject to like appeal, issue and judgment, which account, when so settled, the inspectors shall cause to be published in a manner similar to

that of the annual account of the county commissioners and treasurer. The treasurer shall give bond to the Commonwealth, for the use of the county of Dauphin, with such security and in such amount as the court of quarter sessions of said county shall approve and determine, conditioned for the faithful discharge of all duties enjoined on him by this act, for a just account of all moneys that may come into his hands in behalf of said prison, for the delivery to his successor in office of all books, papers, documents, and other things held in right of his office for said prison, and for the payment to him of any balance of money belonging to said prison remaining in his hands. The said treasurer shall receive such compensation for his services as shall be annually fixed by the inspectors, with the approbation of the county commissioners and county auditors.

SECTION 12. From and after the time when a keeper of Keeper said prison shall be appointed and qualified to act, and shall have entered upon the duties of his office, he shall, ex officio, be the keeper of the jail of Dauphin county, and shall have the same power which by law is now vested in the high sheriff of said county. Provided, nevertheless, that said Proviso keeper shall and he is hereby bound to deliver unto the sheriff of said county all prisoners whom, by virtue of any sentence, order or decree of any court he shall be required and directed to receive and take charge of for the purpose of carrying into execution such sentence, order or decree.

SECTION 13. The keeper of said prison when qualified as aforesaid, shall also, and he is hereby required and directed to receive and take charge of all persons lawfully committed by Responsibility any court, magistrate, justice of the peace, or other officer having power to commit to prison, and said keepers shall be responsible for the safe keeping of all persons so committed, in the same manner and to the same extent that sheriffs and jailors are now by law held liable.

SECTION 14. It shall be the duty of the court of quarter Duty of court sessions of Dauphin county, to determine at what time the of Quarter Dauphin county prison shall be fitted and prepared to receive Session debtors, convicts, and other prisoners, and when said court shall

so determine and decree, an entry to that effect shall be made in the records of said court, from which time this law shall go into full force and effect.

Cumberland

SECTION 15. It shall be lawful for said court whenever the Removal of commissioners of Dauphin county shall deem it necessary, to prisoners from pull down or remodel the old jail for the purpose of comple- Dauphin to ting said prison and debtors apartment, to make an order and enter the same on the records of said court, for the removal of county all persons confined in the jail of Dauphin county, to the jail of the county of Cumberland, where such prisoners shall be detained, fed, clothed, and treated in the same manner and by

Sheriff

law they were directed to be fed, clothed, and treated in the jail of Dauphin county, and shall be subject to removal at any time by order of the court of quarter sessions, or common pleas of Dauphin county, and be brought before any judge of said court on habeus corpus, as though such prisoner was confined in the jail of Dauphin county, and the sheriff of Dauphin county shall at all times be permitted to visit said prisoners whilst imprisoned in the jail of Cumberland county, and such order of court or any writ or process directed to the sheriff or any constable of Dauphin county, from the time of the order of court made and entered as aforesaid, until the court shall determine, the prison of Danphin county fitted and prepared for use as directed in the fourteenth section of this act, shall be sufficient authority for such officer or officers to commit to the jail of Cumberland county, the person so direcJailor of Cum-ted to be committed to prison, as fully as by law such person could be committed by such officer to the jail of Dauphin county, and the jailor of Cumberland county is herhby required to receive and safely to keep all prisoners committed under the provisions of this section.

berland co

Expense of prisoners in

Cumberland co jail how paid

Sheriff and

SECTION 16. During the time any prisoner remains in the prison of Cumberland county, under the provisions of this act, the expense of supporting such prisoner shall be paid by the county of Dauphin, in the same manner now directed in the case of detension of such prisoners in the jail of Dauphin county, at the same rates and prices usually charged to the county of Cumberland by the keeper of such prison, and all poor debtors shall be maintained there in the manner now prescribed by law, and like notice shall be given as though said persons were confined in the jail of Dauphin county, and said debtor shall be subject to like discharge.

SECTION 17. The sheriff and jailor of Cumberland county shall be answerable for the escape of every prisoner commitjailor of Cum-ted to said prison as fully as though said prisoner was comberland co mited by process or order from any court or officer of Cumberland county.

Keeper bond

SECTION 18. The keeper shall before entering upon the duties of his appointment give bond to the commonwealth of Pennsylvania, with such surety and in such amount as the court of quarter sessions of Dauphin county shall approve and determine, conditioned for the faithful observance and performance of all duties enjoined on him by this act, or which shall be by any subsequent act that may be passed, or by rules to be made or which may be made by said inspectors in accordance therewith, for a just and accurate account of all moneys, goods, chattels and effects of all kind and description whatever that may come into his hands or be placed under his care, in pursuance of said appointment on behalf of said prison, or any person confined therein for the delivery to his successor in

office of all books, papers, and documents,' also of all goods, chattels and effects which he may have and hold in right of said appointment, and for the payment of any balance of money belonging to said prison, or any person confined therein remaining in his hands, and for the safe keeping of all debtors and other persons committed to his charge, which bond shall stand for the use of any person or persons injured by the acts or delinquencies of said keeper, and may be proceeded on by any person aggrieved in the same manner now directed as to sheriffs bonds. The matron and all other persons employed in or about the prison shall each, if the inspectors require it, give bond with surety in amount as aforesaid, conditioned as near as practicable to that of the keeper, and in such other manner as the inspector shall fix and determine.

SECTION 19. All acts of assembly heretofore passed on the Repealing subject of county prisons, so far as the same are inconsistent clause with this act are hereby repealed so far as regards the prison of the county of Dauphin.

WM. A. CRABB,

Speaker of the House of Representatives.
JN. H. EWING.

Speaker of the Senate.

APPROVED-The fifteenth day of April, one thousand eight

hundred and forty-one.

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To authorize the Pittsburg and Steubenville turnpike company to change the location of their road, in some instances, and to restrict the right of voting by proxy, and for other purposes.

WHEREAS, By an act passed the third day of March, Anno Domini, one thousand eight hundred and eighteen, entitled an act to incorporate the Pittsburg and Steubenville turnpike company to construct a road from the city of Pittsburg to the Preamble state line, in the direction of Steubenville, a distance of thirty miles, to be graded so that in no place it shall be steeper than an angle of five degrees with the horizon. The road has

been made its whole distance, but owing to injudicious location the road passes over a number of hills in its route which have not been brought down to the grade prescribed by the act, and it would be altogether impracticable to attempt to

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bring some parts of it to the proper grade on its present loca tion; therefore,

SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in GenManagers au-eral Assembly met, and it is hereby enacted by the authority change part of of the same, That the board of managers of the Pittsburg and Steubenville turnpike road company be and they are hereby Pittsburg and authorized to change so much of the location of their road as Steubenville may be found necessary to bring it so that it shall in no place turnpike road be at a grade of over five degrees. Provided, That no change of the location be made within two and a half miles of the city of Pittsburg. And provided, That any damage that may be done to private property by said change shall be assessed in the manner prescribed under the general road laws of this Commonwealth. And provided further, That no stockholders of said company shall hereafter be authorized to vote as the proxy or attorney of any stockholders for a greater number than fifteen shares of the stock, at any election for officers of said company.

Proviso

Proviso

co to let out road by sec tions for re

pair

SECTION 2. It shall be the duty of the supervisors of the highways of the township of Hanover in the county of WashSupervisor of Hanover t'p ington, within ten days after their election, to proceed to lay Washington the public roads in the said township into sections not exceeding two miles in length, which they shall number and describe in a book to be kept by them for that purpose, and the said supervisors shall, within two days thereafter, give at least ten days notice by six and more handbills put up in the most public places in the township, designating the time and place for the taxable inhabitants to meet, at which time and place it shall be the duty of the said supervisors to attend and let out by contract to the lowest and best bidder, the road, as described into sections, one section at a time, until they are all disposed of, to be kept in repair for the term of one year; but if any section or sections should not be then let, on account of no bid having been made for the same, the supervisors may afterwards let out such section or sections on private contract. Provided, That the said supervisors shall not be directly or indirectly interested in taking any section so let out as aforesaid.

Contractshow signed

SECTION 3. The said taxable inhabitant or inhabitants so taking a section or sections as aforesaid, shall write their names respectively in the supervisor's book, opposite the section or sections they shall respectively agree to repair, together with the sum of money they are to have for the same.

SECTION 4. Should any of the said taxable inhabitants of the Penalty for said township neglect or refuse to keep in good order the non fulfilment section or sections of road so undertaken or contracted for as of contract aforesaid, upon complaint of any of the citizens of the said township made to the supervisors thereof, it shall be the duty

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