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in favor of the prisoner; and the Adjutant-General shall also Credits for good record in favor of any prisoner who shall well and truly per- conduct. form the labor allotted to him, either in the prison or by contract for individuals, and shall not have violated any of the rules of the prison, a credit of three days for each month of the term of his sentence; and the Board of Commissioners aforesaid shall, from time to time, consider the record of conduct of each prisoner, and they shall have authority to allow credits. the said credits, and to recommend the Executive clemency in behalf of any prisoner so credited; and upon the allowance by the Board of Commissioners aforesaid, the total number of days specified in favor of the prisoner shall be deducted from his term of sentence. (ƒ)

Allowance of

SEC. 28. When it can be done advantageously, the principal Purchases and articles purchased for the use of the prison shall be contracted proposals. for by the year. The Adjutant-General shall give previous public notice in at least two newspapers of the articles wanted, the quantity and quality thereof, the time and manner of the delivery, and the period during which proposals thereof will be received, which notice shall be published for the period of thirty days. (ƒ)

SEC. 29. All such proposals shall be in writing and sealed Proposals. up, and on the day appointed shall be opened by the AdjutantGeneral in the presence of two or more of the Board of Commissioners aforesaid, who shall compare them. The person offering the best terms, with satisfactory securities for the performance of the same, 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 may be purchased by the Adjutant-General, subject to the approval of the Board of Commissioners aforesaid. (ƒ)

limit of.

SEC. 30. Contracts for supplies shall include rations for pris- Contracts, oners and for the employees of the prison, prison bedding, clothing for prisoners, and all necessary tools for the use of the prisoners, and no other articles whatever. The allowance Rations.

of rations and bedding shall be the same as the standard fixed by the army regulations of the United States. (f)

SEC. 31. The allowance of clothing allowed to prisoners shall Clothing. be determined by the Board of Commissioners aforesaid at their first regular meeting of each year. (f)

SEC. 32. The Adjutant-General shall transmit at the begin- Annual estining of each year, or oftener, if necessary, to the Board of mates. Commissioners aforesaid, an estimate of all supplies required for the use of the prison for the ensuing year. (ƒ)

SEC. 33. If a prisoner under sentence in the prison escapes Penalty for therefrom, or attempts to escape, or assaults any officer of the escapes. prison, he shall, in addition to his former sentence, be punished by imprisonment not exceeding three years nor less than six months. (f)

(ƒ) Secs. 26, 27, 28, 29, 30, 31 and 32, Chap. 3033, Act of March 5, 1877.

Penalty for conveying articles to or from pris

oner.

Power of officer searching es

SEC. 34. Whoever conveys into the prison any article for the use of the prisoners, which shall be forbidden by the regulations of the prison, or carries away anything from any prisoner therein confined without the knowledge or consent of the Adjutant-General, shall be punished by imprisonment in the prison for a term not exceeding three years nor less than one year, or by a fine not exceeding five hundred dollars. (g)

SEC. 35. Any officer of the prison in search of escaped prisoners may call upon the sheriffs or other officers of the State caped prisoner. or county, or of any municipal corporation, or upon any citizen, to assist in making such search and arrest; and any officer or citizen refusing to assist shall be liable to trial and conviction as by law prescribed. (g)

Process.

Contracts for maintenance and custody.

Warrant on
Treasury.

Quarters, cloth

ing, food and bedding, &c.

Medicines, &c.

SEC. 36. All processes to be served within the precincts of the prison shall be directed to and served upon the AdjutantGeneral. (g)

SEC. 37. The Adjutant-General of the State of Florida may enter into contracts with any person or persons for the labor, maintenance and custody of any or all persons sentenced to or confined within the State Prison in such manner as he may deem most advantageous to the interests 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 four, and the prisoners shall not be worked before sunrise or after sunset on any day, and no labor shall be done on the Sabbath day. Such contracts may provide for surrendering the control and custody of the prisoners to the person or persons contracting for their labor, subject to such supervision of the Adjutant-General as is herein provided for, and for the payment by the State to such person or persons such sum of money for taking such prisoners on such contracts as may be deemed advantageous to the interests of the State; which sum of money shall be paid by the Treasurer of the State upon the warrant of the Comptroller endorsed by the Governor, but such warrant shall not be drawn by the Comptroller except upon the order of the Board of Commissioners of State Institutions, and the prisoners contracted for may be used or employed at any point in the State of Florida, according to the terms of the contract. (h)

SEC. 38. It shall be the duty of such person or persons so contracting for such prisoners, and it shall be so stipulated in the contract, to provide for and furnish such prisoners comfortable quarters, good clothing, including bedding and blankets, wholesome food, and when any of them shall be sick or diseased necessary medicines and medical attendance and proper personal care; the allowance of food and clothing, including bedding and blankets, to be prescribed by the Board of Commissioners of State Institutions. (h)

(g) Secs. 33, 34 and 35, Chap. 3033, Act of March 5, 1877.

(h) Secs. 1 and 2, Chap. 3034, Act of March 3, 1877.

SEC. 39. Such contractor or contractors shall give bond, Contractor's with two or more sureties, in a sum not exceeding twenty bond. thousand dollars, payable to the State of Florida, to be prescribed by the Board of Commissioners of State Institutions, and conditioned for the faithful performance of such contract and the duties imposed by this chapter, and such contract and Approval of bond shall be approved by the Board of Commissioners of bond and State Institutions before either shall be of any effect, and they shall be filed in the office of the Secretary of State and recorded in a book to be provided by the Secretary of State for such purpose. (i)

SEC. 40. Such contractor or contractors shall have full and complete power to control and discipline such prisoners and to maintain order among and enforce obedience from the same, and to suppress insurrection, prevent escapes and compel the performance of labor, and to punish the prisoners for any violation of rules, regulations or discipline, but no cruel or inhuman punishment shall be inflicted upon any prisoner nor any punishment injurious to mind or body. (i)

contract.

Powers of con

tractors as to discipline.

contractor

SEC. 41. All prisoners contracted for shall be delivered to Delivery of the contractor or contractors at the State Prison, or such prisoners t other place as the Adjutant-General and contractors may agree upon: Provided, however, That prisoners who may be in the State Prison at the time of being contracted for shall only be delivered at such prison. (i)

Prison.

SEC. 42. All prisoners held or employed under such contract Prisoners conshall be considered in law to be in the State Prison and sub- sidered in State ject to all the pains and penalties provided for against escapes and other offences against the laws of Florida. The courts in any county in which any convict contracted for shall have ju- Jurisdiction. risdiction of all offences committed by him; and for the purpose of maintaining order, enforcing obedience and discipline, suppressing insurrections, preventing escapes and compelling the performance of labor, such contractors and the guards or police employed by them shall be considered and held a part guard part of State police. of the guard or police of said State Prison and State, and it shall be the duty of the contractors to keep a sufficient guard Guard. or police for securing such prisoners and preventing their escape, such guard to be approved by the Adjutant-General of the State. (i)

Contractors and

and record

SEC. 43. It shall be the duty of such contractor or contrac- Description tors to examine each prisoner on receiving the same, and to as- of prisoners certain and enter in a book to be kept for that purpose the thereof, &c. name, height, age, place of nativity, color, also color of hair and eyes, length of foot, trade and occupation of each prisoner, the crime of which he was convicted, date of receipt of pris oner, the term of imprisonment, and to forward a report of the same immediately to the Board of Commissioners of State Institutions, and to keep a record of the conduct of each pris

(i) Secs. 3, 4, 5 and 6, Chap. 3034, Act of March 3, 1877.

Record of conduct.

Reports as to conduct and condition of prisoners.

Receipts.

Adjutant-General to super

oner, and for each month that any prisoner has not been subject to punishment for bad conduct to report the same to the Adjutant-General, which report to be made quarterly, and also to report at the end of each month the condition and health of each prisoner, and the number of deaths and discharges, and in case of any escape, to report the same immediately, all of which reports to be made to the Adjutant-General. It shall be the duty of the Adjutant-General to take from the contractor or contractors duplicate receipts for all prisoners delivered under any contract, which receipt shall specify the description and facts provided in this section to be entered in said book to be kept by such contractors. One of said receipts shall be filed with the Board of Commissioners aforesaid, and the other shall be kept in the office of the Adjutant-General. (j)

SEC. 44. It shall be the duty of the Adjutant-General to supervise the employment of prisoners under such contracts, and vise and report. to report to the Board of Commissioners of State Institutions any violation of contract or duty upon the part of any contractors. (j)

Food, clothing, &c.

Pardons.

Penalty for cruelty to or neglect of prisoners.

Adjutant-Gen

into and report abuses.

SEC. 45. It shall be the duty of the Board of Commissioners of State Institutions to prescribe the allowance of food and clothing, including bedding and blankets, which shall be furnished the prisoners by contractors. (j)

SEC. 46. Nothing in this chapter or any contract made thereunder shall interfere with the exercise of the power to commute punishment and grant pardons, or deduct time from the term of sentence provided by the Constitution and laws of Florida. (j)

SEC. 47. If any such contractor or guard, or any agent or employee of such contractor, or any other person, shall be guilty of any cruel or inhuman treatment to any prisoner so contracted for by neglect or otherwise, or shall wilfully or by unreasonable neglect permit any prisoner or prisoners to es cape, he shall be deemed guilty of a felony, and, upon convie tion, shall be punished by imprisonment in the State Prison for a term not exceeding ten years, or by fine not exceeding five thousand dollars. (j)

SEC. 48. It shall be the duty of the Adjutant-General, under eral to inquire such regulations as may be prescribed by the Board of Com missioners aforesaid, to supervise the management and condi tion of the prisoners held under such contracts, and to visi and inquire into all alleged abuses and neglects of duty, an make report to such board as to the same, at such times as and said board may require; and said board shall have power, are required, to make such rules and regulations as to the management of said prisoners, their clothing and food, as may be proper. (j)

Rules as to management.

Receipt of prisoners.

SEC. 49. The Adjutant-General may receive any prisoner contracted for from any sheriff at any place in the State of Florida. (j)

(j) Secs. 7, 8, 9, 10, 11, 12 and 13, Chap. 3034, Act of March 3, 1877.

convicts.

SEC. 50. It shall be the duty of contractors and their em- Contractor to ployees to immediately arrest any convict so employed who arrest escaped may escape; and any such contractor or employee in search of escaped convicts may call upon the sheriff or other officers of officers to the State, or any county or municipal corporation, or citizen, arrest. to make search and arrest such convict; and any officer or citizen refusing to assist shall be guilty of a felony, and, on conviction, shall be imprisoned in the penitentiary not exceeding three years, or fined not exceeding five hundred dollars. (j)

Penalty.

SEC. 51. If a convict so under contract escapes, or attempts Penalty for to escape, or assaults any such contractor or person employed escape.

by such contractor, he shall, in addition to his former sentence,

be punished by imprisonment in the State Prison not over

three years nor less than six months. (j)

SEC. 52. Any money appropriated for State Prison purposes Appropriation. at any time may be used for the purposes contemplated by this chapter. (j)

[blocks in formation]

2. Moneys, how to be drawn from Treasury.

3. Duties of Treasurer; shall

give bond.

4. Extent of bond.

tee.

11. Majority of Committee allowed to act.

12. Treasurer's office, where kept.

13. What annual report of

5. When bond discharged and Treasurer shall contain. cancelled.

6. How to pay warrants.

7. Exhibit to be made to Legislature.

14. Statement of Treasurer as to sale of swamp and overflowed. lands.

15. Treasurer forbidden to issue

8. When accounts in office to be certificates of indebtedness. closed and examined.

9. Duty of Committee who examine Treasurer's books and accounts.

16. Duty of Treasurer as to publication of accounts and moneys received by him.

17. Duties of Treasurer as to

10. Further duties of Commit- surplus funds.

duties.

SECTION 1. The Treasurer shall receive and keep all funds, Treasurer, bonds, or other securities, in such manner as may be provided by law, and shall disburse no funds, bonds, or other securities, except upon the order of the Comptroller, countersigned by the Governor, in such manner as shall be prescribed by law. (a)

(j) Secs. 14, 15 and 16, Chap. 3040, Act (a) Sec. 4, Art 7, Const. of 1868. of March 3, 1877.

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