The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1872-04-25
The Penitentiary Law.
[GEsERAL LAw-No. 50. ]

and required To appoint. by and with the
advice and consent OF the Senate three
citizens of the State, who shall constitute
a Board of Inspectors OF the PeBitentiaTy,
one from the northern. one from the south
ern. aud one from the middle portion OF
the State, and whose term of Office shall
commence on the first day OF March y. ID.
1872, and continue, respectively, two, four,
and six years. To be determined by lot
and said Board shall have general control
and supervision of the Penitentiary and
the convicts. subject to the provisions OF
this Act.
SEC. 2. Be il further enacted. That the
members of the said Board OF Inspectors.
before entering upon the duties OF their
office. shall take and subscribe 10 the oath
prescribed by the Constitution, and shall,
at their first meeting, and biennially there
after. elect one of the number President.
The Board shall annually. on or before the
twenty-fifth day OF December. make report
of their operations. and of the condition
of the Penitentiary, to the Governor.
Vacancies in the Board shall be filled by
appointment. as hereinbefore provided.
The Board shall convene at the call of the
Governor, or of the Presi dent of the Board,
or on adi0arnment- from lime TO time.
SEC. 3. Be it further %acted, That the
Inspectors shall have-power. and IL shall
be their duty. from time 10 time, TO exam
inc and inquire into all matters connected
l.
of the prison, the punishment and employ
ment OF the prisoners. the moneyed con
Germs, and contract for the work and the
purchase of materials for such prison, or
sales on account thereof, and may, from
time to time, require reports from the Su-
perintendent, or other officers of the
prison, in relation TO all or any of said
matters.
SEC. 4. BE it further enacted, That
it shall be the duty of the
Board of Inspectors to inquire into
any improper conduct which may be al
legged to have been committed by the SUI
perintendent or other officers, of the
prison, and for that purpose any Justice
of the Peace shall have power to issue
SubpGnas to compel the attendance OF
witnesses. and the production of papers
and writings before them, in the same
manner and with like effect, as in cases of
arbitration; the Inspectors may examine
any witness who may appear before them,
oath administered by the President OF
the Board.
SEC. ). Be it further enacted, That it
shall be the duty of the Superintendent
and other officers. to admit the Inspectors,
or any one OF them. into any part OF the
prison. to exhibit to them, on demand,
all the books. papers, accounts, ana wri-
tings pertaining to the prison. or TO the
business. management, discipline and gov
eminent thereof. and TO render them every
other facility in their power, to enable
them to discharge their duties under this
Act.
SEC G. Be it further enacted, That the
Boarc OF Inspectors shall keep regular
minutes of their proceedings. which shall
be signed by them, and preserved in the
prison.
SEC. Z. Be it further enacted, That it
shall be the duty of the Board of Inspec-
tors to visit the prison once in every
month; il shall be their duty at such
times to inspect the prison, and they shall
include i'm their annual report to the Gov
ernor, statement of the condition of
said prison, of the prisoners confined
therein, OF the money expended and re-
ceived, and, generally, of all their pro-
ceedings during the last year, and the
Governor shall lay the same before the
Legislature.
SEC. S. Be it further enacted, That no
Inspector of such prison shall be Superin-
tendent thereof or be concerned in the
business of Superintendent or hold amy
other appointment connected with the
prison; nor shall any person holding
office under the laws of this State or of the
United States, be Superintendent.
SEC. 8. Be it further enacted, That
the Inspectors of the Penitentary
shall respectively be paid five
. dollars per day TOR each day actually and
necessarily employed in inspecting the
prison. and mileage at the rate of five
cents per mile, in travelling to and from
the same. to be audited by the Auditor OF
Public Accounts, and paid out OF the State
Treasury, but the sum TO be allowed to the
Board. under this Section. shall not eX-
coed two thousand five hundred dollars in
any one year, mileage included.
SEC. 10. Be it further enacted. That the
officers of the prison shall consist of one
Superintendent, one Clerk, who shall also
be Secretary to the Board OF Inspectors.
one Physician. who shall also be Surgeon,
one Sergeant of the Guard, and a. many
guards as the superintendent and Inspec-
tors may deem necessary
SEC. H. Be it further enacted. That it
shall be the duty OF the Superintendent to
enlist without discrimination on account
of race or nationality, all the guards
employed about the Penitentiary for six
months from the date of their enlistment,
and the said guards shall. during the
term OF their service, be subject for deser-
ton. disobedience of orders, and mutiny,
to such penalties as the Superintendent
and Inspectors may think necessary Tor
the proper Enforcement of discipline: Pro-
vided, No penalty shall be inflicted other
than may be provided tor and declared in
a printed code of rules and regulations
to be prepared by the Superintendent and
Board, and furnished to and subscribed by
each and every guard at the time of en-
listment: Provided, further, That this
clause shall not be so construed as to al
low any cruel or unusual punishment to
be Inflicted.
SEC II. Be it further enacted, That
the Governor shall be, and he is here
by required To furnish to the said Pen
itentiary, out of the State armory and
arsenal. such arms and accouTrements as
the Superintendent shall certify may be
actually necessary in the control and
NEUTRALITY-SUSPICIOUS. of said PpnirpntiarX. and the
convicts therein.
SEC. Is. BE it further enacted. That
hereafter the head of no female convict
shall be shorn, and no punishment by
blows or stripes shall be inflicted.
under any circumstances whatever,
upon convictS of either sex; but it
shall be the duty of the Inspectors 10 pre-
scribe such punishment in form of sOlt-
tary confinement in a dark cell. or such
other modeas they may deem fit and ex-
pedient; and it shah be the duty of the
Superintendent TO keep merit and de-
merit roll of the conduct of the eOnvicts.
and he shall from time to time. report the
same to the Governor. who shall shorten
the term OF service of any convict At
the rate of three DAYS for each month of
said term. whenever said merit roll shall
indicate that said convict has been guilty
of no violations of the rules of the Peni-
Tertiary.
SIC II. Be it further enacted, That
the Superintendent OF the prison. before
entering upon the duties of his office shall
execute a bond othis State, with sufficient
sureties 70 be approved by the Governor,
in the penal sum of thirty thousand dol
lars, conditioned for the faithful perform
ance of the duties of his Office according
to law. which bond shall be filed in the
Office of the Secretary OF State.
SEC. Is. Be it further enacted. That the
Superintendent. Sergeant of the Guard
and all other officers of the prison shall
be REQUIRED by the Board of Inspectors,
before they enter upon their several duties.
20 take and subscribe the following oath.
viz: Il do solumnly swear, or affirm, that