Persons allow

on.

the Lieutenant-Governor, members of the Cabinet and of the Legislature, or persons having business at the penitentiary, shall ed inside prisbe allowed inside the post or prison, or within the grounds, without a special permit of the Adjutant-General, or of the commandant. The latter officer shall keep a record of the names and residences of all persons so visiting, and of the authority by which they visit.

SEC. 14. The commanding officer shall keep a book which shall contain the names, age, sex, occupation, place of birth, county where convicted, crime of which convicted, date of the receipt of the prisoner, term of imprisonment, date of expiration of every prisoner sentenced to imprisonment in the penitentiary and received therein, and he shall make out a correct report of the same, monthly, and transmit to the Adjutant-General, and he shall securely file and record in his office all commitments that he may receive with prisoners, and keep or cause to be kept a correct account of the expense per man of the confinement and support of all prisoners, also of all receipts from contracts for the labor of prisoners, and from the sale of the products of prison labor.

SEC. 15. The commanding officer shall keep a record of the conduct of each prisoner, and for each month that a prisoner has not been subjected to punishment for bad conduct, the commanding officer shall deduct three days from the term of his sentence, and place the same upon a record in the form of a credit in favor of the prisoner, and the commanding officer shall also record in favor of any prisoner who shall well and truly perform the regular labor allotted to him, either in the prison or by contrast for individuals, and shall not have violated any of the rules of the prison, a credit of five days for each month of the term of his sentence, and the Commissioners of Public Institutions shall, from time to time, consider the record of conduct of each prisoner, and they shall have authority to allow the said credits, and to recommend the executive clemency in behalf of any prisoner so credited, and upon the allowance by the commissioners, the total number of days specified in favor of the prisoner shall be deducted from his term of

sentence.

CONTRACTS, ETC.

Roll of prison

er's.

Record of con

duct.

Contracts for

ers.

SEC. 16. The Commissioners of Public Institutions may enter into contract with any person or persons for the labor of any of labor of prisonthe prisoners confined within the penitentiary, in such manner as may be most advantageous to the interest of the State and with due regard for the health and safe custody of the prisoners. Such contracts may be made for a term of years not exceeding three, and the amount of labor to be performed shall not exceed four hours before noon and four hours in the afternoon; but no

supplies.

ed.

prisoner shall be allowed to labor between the hours of twelve M. and one P. M., nor on the Sabbath day. The control of prisoners whose labor may be contracted for shall never be surrendered to contractors, nor to their employers, but their labor may be permitted to be managed and directed by such contractors, or their agents, subject to the terms of contract. All such contracts for the hire or services of prisoners shall be in writing. SEC. 17. When it can be advantageously done, the principal articles purchased for the use of the penitentiary, or the guard, shall be contracted for by the year. The commissary or quarContracts for termaster of the post shall give previous public notice, in two newspapers at least, of the articles wanted, the quantity and quality thereof, the time and manner of delivery, and the period during which the proposals therefor will be received, which public notice shall be published a sufficient time for the information of persons desiring to offer [proposals. All such] proposals shall be in writing and sealed up, and on the day appointed they shall be opened by the commanding officer in the presence of two or more persons to be selected by the Adjutant-General, who shall compare them. The persons offering the best terms, with satisfactory securities for the performance, shall be entitled to the contract, unless none of the offers are so low as the fair market price, in which case no offer shall be accepted, and the articles wanted shall be purchased by the commissary or quartermaster on the best terms possible for the interest of the State. Every contractor for supplies shall give bond in double the amount contracted for, with satisfactory surety, for the faithful performance of his contract.

SEC. 18. Contracts for supplies shall include rations for prisHow ration fix- oners and for the guard, prison bedding, and clothing for prisoners, and no other articles. The allowance of rations, bedding, and clothing shall be the same as the standard fixed by the Army Regulations of the United States.

Commission

kind of labor.

LABOR OF PRISONERS.

SEC. 19. The Commissioners of Public Institutions shall have to provide for the kind and manner of labor to be perpower ers shall provide formed by the prisoners in the State Penitentiary, in addition to making contracts with persons for such labor, and the Commissioners shall, as far as possible, encourage and provide for mechanical and other manufactures by the prisoners, and for the pursuit of such trades as the prisoner[s] may be accustomed to.

ESCAPES, ETC.

SEC. 20. If a prisoner under sentence in the penitentiary escapes therefrom, or attempts to escape, or assaults any officer of the post and prison, or any person employed in the government

or custody of the prison, he shall, in addition to his former sentence, be punished by imprisonment not exceeding five years nor less than six months; also by solitary confinement, not exceed ing thirty days, to be executed forthwith, or at such time as the court directs.

attempts to es cape.

Punishment of

Parties assist

Sec. 21. Whoever conveys into the penitentiary, or within the post, any disguise, instrument, tool, weapon, or other thing adapted or useful to aid a prisoner in making his escape therefrom, ing prisoners to with the intent to facilitate the escape of any prisoner therein escape. lawfully committed or confined, and whoever forcibly rescues, or attempts to rescue, a prisoner held in custody under sentence of imprisonment in the penitentiary, shall be punished by imprisonment therein not exceeding ten years nor less than one year, or by fine not exceeding one thousand dollars.

Rescues.

Furnishing prisoners with

SEC. 22. Whoever conveys into the penitentiary, or within the post, any article for the use of the prisoners other than such as are enumerated or contemplated in the preceding paragraph, prohibited artiand which shall be forbidden by the regulations of the peniten- cles. tiary, or carries away anything from any prisoner therein confined, without the knowledge or consent of the commanding officer, shall be punished by imprisonment in the penitentiary for a term not exceeding two years nor less than six months, or by fine not exceeding five hundred dollars.

SEc. 23. The commanding officer may, whenever necessity requires it, detail oicers and men of the guard to pursue escaped prisoners or deserters of the guard, and to make search for such escaped prisoners or deserters wherever there may be good cause to believe him or them to be secreted; Provided, That the constitutional rights of the people as against unwarrantable search and seizure shall not be violated.

SEC. 24. The officers of the guard or the guardsmen in search of escaped prisoners may call upon the civil officers of the State, or of any county or municipal corporation, or upon any citizen, to assist in making such search and arrest, and any civil, officer or citizen refusing to assist, shall be liable to trial and conviction in the manner and to the extent prescribed by law for refusing to assist any civil officer in making arrests.

DUTIES OF THE COMMISSIONERS OF PUBLIC INSTITUTIONS.

Detail to arrest

escaped prison

ers.

Officer in

command may call upon civil sistance.

officers for as

Commissioners shall keep

SEC. 25. The Commissioners of Public Institutions shall keep a record of all their transactions in relation to the State Penitentiary; they shall prescribe rules and regulations for its gov- record. ernment, which, with the laws passed by the Legislature, shall be the law of the prison; they shall have the supervising and directing care and control of the buildings, grounds, labor, and all property and matters connected therewith, and shall officially visit the penitentiary at least twice a year, and thoroughly

alations to be posted.

inspect the same and examine into its affairs; they shall cause to Rules and reg be placed in conspicuous places about the prison and grounds, copies of the rules and regulations of the same, together with so much of the laws of the State as relate to visitors, to the nonintercourse of prisoners, and to escapes; they shall transact all business relating to the penitentiary, and with the commanding officer thereof, through the office of the Adjutant-General.

command.

MISCELLANEOUS.

SEC. 26. The military post embracing the State Penitentiary Extent of post is hereby declared to extend to and over any place or places of employment of the prisoners, without the walls or inclosures of the post, where any of the prisoners may be employed by sanction of the commissioners, or by order of the Adjutant-General. SEC. 27. All contractors, employers, contractors' employees, and attaches, while upon the premises or grounds of the penitenParties subject tiary, shall be subject to the military control and order of the commanding officer, modified only by the rules and regulations of the prison, and by the terms of any contract made with the commissioners.

to military control.

Moneys due

the State for ar

tured.

SEC. 28. All moneys that may become due to the State by ticles manufac- the sale of any articles manufactured within the penitentiary, or by the labor of the prisoners in any way performed, either within or without the prison inclosures, and the proceeds arising from contracts for the labor of prisoners, shall be received by the commanding officer, receipted for by the quartermaster, and paid over, as may be directed by the Adjutant-General, to the Treasurer of the State, who shall place the same to the credit of the Penitentiary Funds, and the commanding officer thereof shall make a quarterly report to the Adjutant-General of all such moneys received and paid over.

received.

SEC. 29. The commanding officer of the penitentiary is rePersons to be quired to receive all criminals sentenced to the penitentiary by any court of the State, and by any court of the United States within the State of Florida, and to keep them confined therein,. and at hard labor, agreeable to the sentence of the court, and the commanding officer shall certify to the Adjutant-General the expenses incurred by the State for the keeping and support of such prisoners, sentenced by the United States courts, and such expenses shall be charged to the government of the United States.

Where and to whom prisoners delivered.

SEC. 30. All prisoners shall be delivered to the commanding officer in his office, and no prisoner shall be received by him except the sheriff, United States marshal, or other officer having such prisoner in charge, shall also deliver a commitment in due form of law issued by authority of [the] court committing such prisoner.

SEC. 31. For the purpose of all judicial proceedings the peni

tentiary and precincts thereof shall be deemed to be within and part of the county in which it is situated, and the courts and Courts of the magistrates of such county or circuit shall have jurisdiction of forty to have jurisdiction. all crimes and offenses committed with the same.

SEC. 32. All process to be served within the precincts of the Process. penitentiary shall be directed to and served upon the commanding officer thereof.

Approved July 29th, 1868.

CHAPTER 1,636.-[No. 12.]

AN ACT to provide for Organizing and Disciplining the Militia of the State.

Organization.

Staff of Com mander-in

The people of the State of Florida, represented in Senate and Assembly, do enact as follows: SECTION 1. The Governor, as commander-in-chief of the militia of the State, and by virtue of the power conferred on him by the Constitution, shall appoint all commissioned officers of the militia, and present their names to the Senate for confirmation, and when they are so confirmed shall issue their commissions. The commander-in-chief shall be entitled to a personal staff, consisting of two aides-de-camps, one with the rank of colonel, and the other with the rank of captain. Chief. SEC. 2. All the duties of the commander-in-chief relative either to the militia or to any matter appertaining to the military organization of the State, shall be performed through the office of the adjutant-general, and the adjutant-general of the State shall be the adjutant-general of the commander-in-chief. Ths adjutant-general shall, as early as possible, organize his Adjutant Genoffice as efficiently as may be in all its details; and he shall recommend to the commander-in-chief for appointment, as hereinafter provided, an assistant adjutant-general, quartermaster general, commissary general, judge advocate general, chief ordnance officer, inspector general, and surgeon general, each of whom shall have the rank of colonel.

eral.

SEC. 3. No officer or enrolled man of the militia, provided for by this act, shall receive any pay or emoluments from the Pay. State except when called into service in the manner hereinafter provided in this act.

SEC. 4. There shall be appointed by the commander-in-chief, by and with the consent of the Senate, two major-generals and Appointment of Major and four brigadier-generals. If at any time there should be more Brigadier-Gen crals. than two divisions of the militia, or if either of the major-generals should be upon other duty, or absent, the senior brigadiergeneral shall be assigned to duty as commanding division, and a like order shall be held in the case of brigadier-generals, and of colonels in command of brigades.