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is reasonable cause to believe that the complaint is true, and that such person may be lawfully demanded of the Governor, he shall, if not charged with a capital crime, or with murder in the first degree, be required to recognize, with sufficient sureties, in a reasonable sum, to appear before such Court or magistrate at a future day, allowing a reasonable time to obtain the warrant of the Governor, and to abide the order of such Court or magistrate in the premises.

cognize, tailing to

ceeded with.

(6124.) SEC. 11. If such person shall not recognize, or if Refusing to rehe shall be charged with a capital crime, or with the crime appear, etc. of murder in the first degree, 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 so recognizing shall fail to appear according to the condition of his recognizance, he shall be defaulted, and the same proceedings shall be had as in the case of other recognizances entered into before such Court or magistrate. (6125.) SEC. 12. If the person so recognized or committed, How to be proshall appear before the Court or magistrate upon the day ordered, he shall be discharged, unless he shall be demanded by some person authorized by the warrant of the Governor to receive him, or unless the Court or magistrate shall see cause to commit him, or to require him to recognize anew for his appearance at some other day; and if, when ordered, he shall not so recognize, he shall be committed and detained as before: Provided, That whether the person so charged shall be recognized, committed, or discharged, any person authorized by the warrant of the Governor, may, at all times, take him into custody, and the same shall be a discharge of the recognizance, if any, and shall not be deemed an escape. (6126.) SEC. 13. The complainant in any such case shall be Expenses, how answerable for all the actual costs and charges, and for the support in prison of any person so committed, to be paid weekly, or otherwise, as may be ordered by the Court or magistrate; and, if the charge for his support in prison shall not be so paid, the jailor may, on the failure of the complainant, discharge such person from his imprisonment.

paid.

ernor.

(6127.) SEC. 14. In all cases in which the Governor is Pardons by Govauthorized by the Constitution to grant pardons, he may grant 2 Doug. Mich., 68. a pardon upon such conditions, and with such restrictions, and Wal. Ch. R., 340. under such limitations as he may think proper, and he may issue his warrant to all proper officers to carry into effect such conditional pardon; which warrant shall be obeyed and

Warrant for such

purpose, how ex

turned.

executed, instead of the sentence, if any, which was originally awarded.

(6128.) SEC. 15. Whenever any convict is pardoned by the ecuted and re- Governor, or his punishment is commuted, the officer to whom the warrant for that purpose is issued, after executing the same, shall make return thereof, under his hand, with his doings thereon, to the Secretary of State, as soon as may be, and he shall also file in the Clerk's office of the Court in which the offender was convicted, a copy of the warrant and return, certified by him, a brief abstract of which the Clerk shall subjoin to the record of the conviction and sentence.

TITLE XL.

AND

THE

OF IMPRISONMENT FOR OFFENCES GOVERNMENT AND DISCIPLINE OF

PRISONS.

CHAPTER CCI. Of County Jails and the Regulation thereof.

CHAPTER CCII. Of the State Prison and the Government and Discipline therest CHAPTER CCIII. Of the House of Correction for Juvenile Delinquents.

CHAPTER CCI.

OF COUNTY JAILS AND THE REGULATION THEREOF

SECTION

6129. How Jails shall be used, etc.; Proviso. 6130. How Jailor to execute sentence of solitary confinement.

6131. Intercourse with convicts.

6132. Charges for safe keeping, etc., how allowed and paid.

6133. Supervisors may provide by contract for supplies.

6134. Prisoners to be kept separate as far as practicable.

6135. Conversations by prisoners; How far permitted.

6136. Food for prisoners.

6137. Duty of Jailor in regard to prisoners sensented to hard labor.

6138. Employment of convicts upon highways. €139. Convicts so employed to be chained, etc.

SECTION

6140. Prisoner sentenced to pay a fine, etc., to be discharged on earning amount. 6141. Provisions of Chapter One Hundred and Seventy Three in regard to removal of prisoners, etc., to apply in criminal cases. 6142. Insane convicts may be delivered to Superintendents of Peor.

6143. Notice of order to be given by Clerk, ete 6144. Inspectors of jail. 6145. Powers of Inspectors. C146. Inspectors, when to visit and inspect pris ons, and report their condition. 6147. Report what to contain. 6148. Keepers to admit Inspectors, exhibit books, etc.

6119. Inspectors may examine officers on oath, and converse with prisoners

SECTION

6150. Keeper to present calendar to Court.
6151. When persons not indicted to be discharg-
ed by Court.

6152. When prisoner not to be removed on
Habeas Corpus, unless, etc.

6153. Refractory prisoners may be punished.
6154. Persons confined on Execution, etc., how
punished for offence in jails.

SECTION

6155. Construction of two preceding Sections. 6156. Escape of persons under sentence of confinement at hard labor; How punished. 6157. Breaking prison and escaping in other cases, how punished.]

6158. Punishment for attempt to escape.

How Jails shall

be used, etc.

Proviso.

How Jailor to execute sentence of

ment.

Chapter One Hundred and Seventy-One of Revised Statutes of 1846.

(6129.) SECTION 1. The common jails in the several counties, in the charge of the respective Sheriffs, shall be used as prisons:

1. For the detention of persons charged with offences, and duly committed for trial;

2. For the detention of persons who may be duly committed, to secure their attendance as witnesses on the trial of any criminal cause;

3. For the confinement of persons committed pursuant to a sentence upon conviction of an offence, and of all other persons duly committed for any cause authorized by law; and the provisions of this section shall extend to persons detained or committed by the authority of the Courts of the United States, as well as the Courts and magistrates of this State: Provided, That nothing in this section contained shall be construed to require any such Sheriff to receive or detain, in any such jail, any person claimed as a fugitive slave. (a)

(6130.) SEC. 2. When any convict shall be sentenced to solitary confine-solitary imprisonment and hard labor in any jail, the keeper thereof shall execute such sentence of solitary imprisonment, by confining the convict in one of the cells, if there be any in such jail, and if there be none, then in the most retired and solitary part of such jail.

Intercourse with
Convicts.

Charges for safe

(6131.) SEC. 3. No intercourse shall be allowed with any convict in solitary imprisonment, except for the conveyance of food, and other necessary purposes, unless some minister of the gospel shall be disposed to visit him, in the manner hereinafter provided.

(6132.) SEC. 4. All charges and expenses of safe-keeping how allowed and and maintaining convicts, and of persons charged with offen.

keeping, etc,

paid.

(a) A Amended by "An Act to Prohibit the Use of the Common Jails and other Public Building in the Several Counties, for the Detention of Persons Claimed as Fugitive Slaves." Approved February 13, 1855. Laws of 1855, p. 415.

ces, and committed for examination or trial, to the County jail, shall be paid from the County Treasury; the accounts therefor being first settled and allowed by the Board of Supervisors.

provide by con

1840, p. 55, Sec. 2.

(6133.) SEC. 5. The Board of Supervisors may, in their Supervisors may discretion, provide by contract for all necessary supplies for tract for supplies. the use of the jail, including fuel and food, clothing, bedding, and medical attendance, for prisoners committed on criminal charges.

kept separate as

ble.

(6134.) SEC. 6. It shall be the duty of the keepers of the Prisoners to be said prisons, to keep the prisoners committed to their charge, far as practicaas far as may be practicable, separate and apart from each other, and to prevent all conversation between the said. prisoners.

prisoners, how

(6135.) SEC. 7. Prisoners detained for trial may converse Conversations by with their counsel, and with such other persons as the keeper, far permitted. in his discretion, may allow; prisoners under sentence shall not be permitted to hold any conversation with any person except the keepers or inspectors of the prison, unless in the presence of a keeper or inspector.

ers.

(6136.) SEC. 8. Prisoners detained for trial, and those under Food for prisonsentence, shall be provided with a sufficient quantity of wholesome food, at the expense of the County; and prisoners detained for trial, may, at their own expense, and under the direction of the keeper, be supplied with any other proper articles of food.

regard to prison

hard labor.

(6137.) SEC. 9. It shall be the duty of the keepers of the Duty of Jailor in said several prisons, whenever any person shall be sentenced er sentenced to to hard labor therein, and any mode of labor shall be provided, 1840, p. 45, Sec. 8. to cause such prisoner to be kept constantly employed during every day, except Sunday; and annually to account with the Board of Supervisors of the County for the proceeds of such labor.

Convicts upon

(6138.) SEC. 10. The keepers of the said prisons shall Employment of respectively have power, with the consent of the Supervisors Highways. of the County, from time to time, to cause such of the convicts under their charge, as are capable of hard labor, to be employed upon any of the public avenues, streets, highways, or other works, in the County in which such prisoners shall be confined, or in any of the adjoining Counties, upon such terms as may be agreed upon between the said keepers and the officers or other persons under whose direction such convicts shall be placed.

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