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CHAP. 75.

JAILS AND JAILERS.

so furnishing gas, for any purpose, whatever, such company, person or association with whom such money may be deposited shall pay to the party making such deposit, annually, interest on such deposit at the rate of five (5) per cent. per annum.

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13. Employment of guard.

When another jail may be used.

penses.

26.

Grand jury to visit jail-report.

When jail insufficient

27.

Court to enforce duty of grand jury

14.

Removal in case of disease.

28.

13. Removal in case of fire.

report transmitted to county board. Court to inquire into condition of iail, etc.

AN ACT to revise the law in relation to jails and jailers. [Approved March 3, 1874. In force July 1, 1874.]

1. Jail. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That there shall be kept and maintained, in good and sufficient condition and repair, a common jail in each county within this State, at the permanent seat of justice for such county.

[R. S. 1845, P. 296, § 1; Andrews v. Knox County, 70 Ill. 65.

2. Sheriff jailer. § 2. The sheriff of each county in this State shall be the keeper of the jail of the county, and have the custody of all prisoners in such jail. [R. S. 1845, p. 296, § 2.

3. He may appoint an assistant jailer 3. Assistant jailer. under him, and remove him at pleasure, for whose conduct he shall be responsible.

[R. S. 1845, p. 296, § 3; Seibert v. Logan Co., 63 Ill. 155; Union County v. Patton, 63 Ill. 458.

4. To receive and confine prisoners. 4. The keeper of the jail shall receive and confine in such jail, until discharged by due course of law, all persons who shall be committed to such jail by any competent authority. [R. S. 1845, p. 296, § 3.

5. United States prisoners. 5. The provisions of the preceding section shall extend to persons detained or committed by authority of the United States, as well as of this State. [R. S. 1845, p. 297, § 9.

6. Penalties for failing to receive, etc., United States prisoners-fees, etc. § 6. The keeper of the jail shall be liable, for failing to receive and safely keep all persons delivered under the authority of the United States, to like pains and penalties as for similar failures in the case of persons committed under the authority of this State: Provided, always, the marshal or person delivering such prisoner shall pay, or cause to be paid, for the use and keeping of such jail, at the rate of fifty cents per month, for each person that shall, under their authority, be committed thereto, and also to the jailer such fees as he would be entitled to for like services rendered, in virtue of the existing laws of this State, during the time such prisoner shall be therein confined, and, moreover, shall support such of the said prisoners as shall be committed for offenses. [R. S. 1845, p. 297, § 10.

7. Calendar. 7. The keeper of the jail shall keep an exact calendar of all persons committed to jail, registering therein the [*617] en names of all prisoners, their places of abode, if known, the time, cause and authority of their commitment, and a description of the persons of such as are committed on criminal prosecutions; also the time and manner of their discharge.

8. Report of prisoners to court. § 8. At the opening of each term of the criminal court of Cook county, and in other counties of the circuit or county courts at which criminal business may be transacted, the keeper of the jail of the county shall return to the court a list of all prisoners in his custody, specifying the causes for which and the persons by whom they were committed, and produce and exhibit therewith, for the inspection. of the court, his calendar of prisoners; and whenever others are committed during a term of the court, he shall make like return as to them.

9. Sheriff may be imprisoned in jail-coroner. §9. The sheriff may be imprisoned in the jail of his county, and for the time he is so imprisoned the coroner shall be keeper of the jail, and perform all the duties of the sheriff in regard thereto, and shall, by himself and his sureties, be answerable for the faithful discharge of his duties as such keeper. [R. S. 1845, p. 299, $ 15.

10. When other jail may be used. § 10. When there is no jail in a county, or the jail of the county is insufficient, the sheriff may commit any person in his custody, either on civil or criminal process, to the nearest sufficient jail of another county, and the keeper of the jail of such other county shall receive and confine such prisoner, until removed by order of the court having jurisdiction of the offense, or discharged by due course of law.

[L. 1855, p. 193, § 1; Mullinix v. People, 76 Ill. 211; Stuart v. Board, etc., 83 Ill. 341. 11. Separation of prisoners. § 11. Debtors and witnesses shall not be confined in the same room with persons committed for crimes; male and female prisoners shall not be kept in the same room;

minors shall be kept separate from notorious offenders and those convicted of a felony or other infamous crime; and persons charged with or convicted of an offense not infamous, from those charged with or convicted of infamous crimes. [R. S. 1845, p. 296, § 4.

12. When jail insufficient. 12. Whenever the keeper of the jail of any county deems such jail insufficient to secure the prisoners confined therein, he shall give notice thereof to the county board. [R. S. 1845, p. 297, § II.

13. Employment of guard. § 13. Whenever the keeper of any jail shall have in his custody any person charged with a capital offense or other high crime, and there is no jail in his county, or the jail is insufficient, he may, with the advice of the judge of the circuit court, or, in the county of Cook, of either of the judges of the criminal court of Cook county, or, in any county with the advice of the judge of the county court of such county, employ a sufficient guard, not exceeding three persons, for the guarding and safe keeping of such prisoner in his own county. The expense of such guard shall be audited and paid as other county expenses. [R. S. 1845, p. 297, § II.

14. Removal in case of disease. 14. If disease breaks out in any jail, which, in the opinion of the county board, may endanger the lives or health of the prisoners to such a degree as to render their removal necessary, the county board may cause the prisoners to be removed to some suitable place within the same county, or to the jail of some convenient county, where they may be confined until they can be safely returned to the place whence they were removed. Any place to which the prisoners are so removed shall, during their imprisonment there, be deemed, as to such prisoners, a prison of the county in which they were originally confined; but they shall be under the care, government and direction of the jailer of the county in which they are confined.

15. Removal in case of fire. § 15. Whenever, by reason of any jail or any building contiguous or near thereto being on fire, there is reason to apprehend that the prisoners confined in such jail may be injured or endangered thereby, the keeper thereof shall remove the prisoners to some safe and convenient place, and there confine them so long as may be necessary.

16. Water-food. § 16. The keeper of the jail shall furnish each prisoner, daily, with as much clean water as may be necessary [* 618] for drink and personal cleanliness, and serve him three times a day with wholesome food, well cooked, and in sufficient quantity. 17. Permitted to have food, clothing, etc. § 17. Every sheriff, jailer or other person to whose custody or keeping any person is committed by virtue of any writ or process, or for any criminal offense, except on conviction of a felony, shall permit such person, at his will and pleasure, to send for and have any food, clothing, bedding or linen he may think fit for his comfort, without any manner of restraint, hindrance or detention, and without requiring him to pay for the right to have the same.

[L. 1872, p. 672, § 1; Stuart v. Board, etc., 83 Ill. 341.

18. Liquor forbidden. § 18. If any such sheriff, jailer or other person shall permit any such prisoner to send for or have any spirituous,

vinous or malt liquor, except when prescribed by some respectable physician as a medicine, such sheriff, jailer or other person shall be fined not less than $100 nor exceeding $500 for each offense. [See "Criminal Code," ch. 38, 210. L. 1872, p. 672, § I.

19. Bedding, clothing, etc., furnished.

19. The keeper of the jail shall furnish necessary bedding, clothing, fuel and medical aid for all prisoners under his charge, and keep an accurate account of the same. [L. 1847, p. 55, § I.

20. Jail kept clean-whitewashed. § 20. The jailer shall keep the jail in as cleanly and healthful a condition as may be, and shall cause the whole interior thereof to be thoroughly whitewashed with lime at least once every three months and the walls and floors of each room, while any person is confined therein, to be so whitewashed once in each month between the first day of May and the first day of November. [L. 1847, P. 55, § 1; Stuart v. Board, etc., 83 Ill. 341.

21. Buckets. § 21. Every room occupied by a prisoner shall, except when the same is furnished with closets cleansed by water, be furnished with a suitable bucket with a cover made to shut tight, for the necessary accommodation of such prisoner, and such bucket, when used, shall be emptied daily and constantly kept in good order.

22. Personal cleanliness. § 22. The keeper of the jail shall see that strict attention is constantly paid to the personal cleanliness of all prisoners confined in the jail.

23. Penalty. § 23. Any sheriff or jailer who shall fail or refuse to comply with the provisions of either of sections 16, 17, 18, 19, 20, 21 and 22, shall be fined not exceeding $100. [L. 1848, p. 55, 3.

24. Expenses paid by county. 24. The cost and expense of keeping, maintaining and furnishing the jail of each county, and of keeping and maintaining the prisoners thereof, except as otherwise provided by law, shall be paid from the county treasury, the account therefor being first settled and allowed by the county board. [L. 1847, p. 55, $2; L. 1849, p. 119, § 1.

25. Imprisoned in another county-expenses. $ 25. Whenever a prisoner is committed to the jail of one county for a criminal offense committed or charged to have been committed in another, or is transferred to another county for safe keeping or trial, the county in which the crime was committed, or charged to have been committed, shall pay the expenses of the keeping of such prisoner, unless the same are paid by the prisoner. In civil suits, the plaintiff or defendant shall pay the expenses, in the same manner as if the imprisonment had taken place in the same county where the suit was commenced. [R. S. 1845, p. 298, $ 14.

26. Grand jury to visit jail. § 26. It shall be the duty of the grand jury, or a committee of not less than three of its members, at each term, except in the county of Cook, and in that county as often as every other term, to visit the jail and examine its condition and the treatment of the prisoners, and make report thereof to the court, and particularly whether any of the provisions of this act have been violated or neglected, and the causes of such violation or neglect.

[R. S. 1845, P. 297, 87; Stuart v. Board, etc., 83 Ill. 347.

27. Court to enforce duty of grand jury. § 27. The cir cuit courts of the respective counties, except Cook county, and the criminal court of Cook county, shall see that the grand jury [*619] performs the duty imposed upon it by the preceding section, and said report being made, a copy thereof shall be transmitted by the clerk of the court to the county clerk, who shall lay the same before the county board at its next meeting.

28. Court to inquire into condition of jail, etc. § 28. It shall also be the duty of the circuit court of each county, at every term thereof, except in Cook county, and of the criminal court of Cook county as often as every other term, to inquire into the condition of the jail and the treatment of the prisoners, and to see that all prisoners, civil and criminal, are humanely treated, and that the keeper of the jail does not neglect any of his duties under this act, and such court may make all proper orders in the premises against the keeper of the jail, and enforce the same by the process of the court.

[R. S. 1845, P. 297, § 7; Stuart v. Board, etc., 83 Ill. 347.

Chapter 76.

[*620]

SECTION

JOINT RIGHTS AND OBLIGATIONS.

SECTION

1. Joint tenants - right of survivorship 2. When trespass or trover lies as between abolished.

3.

joint tenants, etc. What held joint and several covenants.

AN ACT to revise the law in relation to joint rights and obligations. [Approved February 25, 1874. In force July 1, 1874.]

1. Joint tenants rights of survivorship abolished. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That if partition be not made between joint tenants, the parts of those who die first shall not accrue to the survivors, but descend or pass by devise, and shall be subject to debts, dower, charges, etc., or transmissible to executors or administrators, and be considered, to every intent and purpose, in the same view as if such deceased joint tenants had been tenants in common.

[R. S. 1845, P. 299. §1; Haven v. Mehlgarten, 19 Ill. or; Louvalle v. Menard, 1 Gilm. 45; Gardner v. Diederich, 41 Ill. 171; Dean v. O'Meara, 47 Ill. 120; Hawkins v Taber, 47 Ill. 461; Chambers v. Jones, 72 Ill. 275; Stenger v. Edwards, 70 Ill. 631; Mason v. Finch, 1 Scam. 497; Jamison v Graham, 57 Ill. 95 Murray v. Haverty, 70 Ill. 320: Creed v. People, 81 Ill. 565; Granville v. Rittlesdorf, 73 Ill. 475: Morgan v. Herrick, 21 Ill. 481; Downs v. Jackson, 33 Ill 464; Hinkley v. Greene, 52 Ill 223; Illinois Land & L. Co. v. Bonner, 75 Ill. 317: Bracken v. Cooper, 80 l. 221; Byers V Nat. Bank of Vincennes, 85 Ill. 423; Givens v. Merch. N. Bank of St. L., 85 Ill.

442.

2. When trespass or trover may be brought. § 2. If any person shall assume and exercise exclusive ownership over, or take

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