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bodily state of every prisoner; and when he shall have reason to believe that the mind or body is materially affected by the discipline, treatment, or diet, he shall inform the warden thereof, and shall enter his observations on the journal, herein after directed to be kept, which shall be an authority for the warden for altering the discipline, treatment, or diet, of any prisoner until the next meeting of the inspectors, who shall inquire into the case, and make orders accordingly.

Art. 111. He shall have power to cause any one infected by a contagious or infectious disorder to be separated from the other prisoners; and if three other licensed practitioners of physic shall certify, that the disease is infectious, and that the prisoner cannot, without danger to the others, be kept within the walls of the prison, the inspectors shall make an order for his removal and confinement elsewhere, until he shall die or recover.

Art. 112. The physician shall keep a journal, in which, opposite to the name of each prisoner, shall be entered the state of his health; and if sick, whether in the infirmary or not, together with such remarks as he may deem important; which journal shall be open to the inspection of the warden and the inspectors; and the same, together with the return provided for in the first article of this section, shall be laid before the inspectors once in every month, or oftener if called for.

Art. 113. The prisoners, under the care of the physician, shall be allowed such diet as he shall direct.

Art. 114. No prisoner shall be discharged while labouring under a dangerous disease, although entitled to his discharge, unless by his own desire.

Art. 115. The infirmary shall have a partition between every two beds, and no two patients shall occupy the same bed; and the physician and his attendants shall take every precaution in their power to prevent all intercourse between the convicts while in the infirmary.

Art. 116. The physician shall select from among the young delinquents in the School of Reform two or more who have given evidence to the satisfaction of the warden, the teacher, and the chaplain, of determination to reform, and who shall have made sufficient progress in their education, as his assistants in the two infirmaries, to whom he shall teach the art of compounding and administering remedies, and such other branches of medical knowledge as they may be capable of acquiring; which assistants shall be employed in the care and attendance on the sick, and shall be exempt from all other labour while they preserve the confidence of the physician, and are guilty of no breach of the rules of prison discipline.

CHAPTER IX.

Of the duties of the clerk of the penitentiary.

Art. 117. The clerk shall, under the direction of the inspectors, keep regular accounts of all the expenses of the Penitentiary, of the proceeds of the articles manufactured therein, and of the purchase of materials to keep the convicts employed, when they do not work by contract, as is hereinafter provided. He shall also open an account with each convict, in which such convict shall be charged with the cost

of his prosecution and conviction, and with his maintenance in prison, including only his food and clothing and such drugs and medicines as he may be supplied with; and shall be credited with his labour at such estimation of its value as shall be equitable, according to its quantity and quality, agreeable to the rates paid for like labour in the city of New Orleans; or (when he works by contract) according to the contract price of such labour.

Art. 118. The inspectors shall direct the mode in which the accounts shall be kept, and shall direct the agent they shall employ for making purchases and for selling the articles manufactured in the Penitentiary, (which agent shall in no case be the clerk); to furnish the clerk with accounts and bills of all such purchases and sales.

Art. 119. The clerk shall deliver to the agent all such articles manufactured in the prison as are not done for manufacturers by contract, and which are not wanted for the use of the same, keeping an account as well of what is so wanted and retained, as of what is delivered.

Art. 120. The books of accounts shall be kept in the prison, and shall be open to the inspection of the warden and the inspectors.

Art. 121. The clerk shall keep a regular account of all the furniture, tools, and implements of trade provided for the prison, and shall submit the same to the inspectors.

Art. 122. He shall receive such remuneration for his services as shall be determined by the inspectors, not exceeding dollars per

annum.

CHAPTER X.

Of the duties of the matrons.

Art. 123. The matrons shall reside in their respective prisons. They and their female assistants shall, under the direction of the inspectors, have the exclusive care and superintendence of the female convicts. No male person, except the chaplain, shall be permitted to visit them, but in the presence of the matron.

Art. 124. She shall employ them in making, mending, and washing the clothing for the prisoners. She shall cause them to be taught needle-work and other employments of housewifery, keeping them all apart at night, and as much as the nature of their employment will allow during the day. She shall report daily to the warden all infractions of order, or other material occurrence; and shall inflict such punishment, consistent with this Code, as the inspectors and teacher shall direct.

BOOK II.

OF THE TREATMENT OF THE PRISONERS IN THE SEVERAL PLACES OF CONFINEMENT.

TITLE I.

OF THE PRISONERS CONFINED IN THE HOUSE OF DETENTION.

Art. 125. The prisoners of the first class, that is to say, those confined in order to secure their attendance as witnesses, shall be under no other restriction than that which is absolutely necessary to prevent their escape from the prison. Good and wholesome food, comfortable bedding, and other necessaries, shall be provided for them at the public expense; or they may be allowed to provide it for themselves; and every such prisoner shall be immediately liberated on his giving the security for his appearance to testify, that is required by law.

Art. 126. Those who are committed for want of bail, in the first district, on an accusation of misdemeanor:

Those who are condemned to simple imprisonment (not in close custody), in the first district, or who are removed on a like sentence from any other district :

Those who may be committed for the non-payment of a fine, or for the breach of a recognizance, or other engagement, entered into in the course of a prosecution for an offence:

Form a second class of prisoners. They need not be separated from each other during the day, but each shall be lodged at night in separate dormitories, unless the numbers in the prison shall render it impossible.

Art. 127. Those who are committed for want of bail on accusations of crime, form a third class. These shall be kept in separate cells or apartments both night and day, and shall have no communication whatever with each other.

Art. 128. All the above classes of prisoners shall be entitled to good wholesome food and drink, according to the prison regulations hereinafter provided for, and to beds and bedding, at the public expense; or they shall be permitted to purchase or receive such food and beds, of a better quality, at their own expense, also under the restrictions contained under the prison regulations.

They may receive the visits of their families and friends, and their counsel, at all reasonable hours.

They shall be allowed the free use of books, of pen, ink, and paper, at their own expense.

Art. 129. The prisoners sentenced to close confinement, shall each

be confined in a separate apartment or cell, furnished with the prison allowance of bedding, and a chair, and a table; but may provide their own bedding if they think fit. They shall be restricted to the prison allowance of drink and food, unless the court shall order differently in the sentence, or the physician shall officially certify that their health will be impaired by confining them to it.

They shall not be permitted to receive any society in their places of confinement, without permission of two of the inspectors in writing, and the time of such visit shall be prescribed and limited in the permission, and shall in no case exceed one hour at a time.

They shall not be debarred the privilege of consulting with their counsel, or receiving the visits of their physician and chaplains, at all reasonable times.

Art. 130. No prisoner in this house shall be forced to perform any labour. No prisoner shall be confined in irons; but if he shall have made an attempt to break the prison, or have assaulted the keeper or other person employed in the house, he may be confined in a straightjacket or arm straps.

Art. 131. All the prisoners in this house may be permitted to work at such trades and manufactures as they may desire and may be deemed by the inspectors proper to be carried on in the house, without infringing the rules hereinbefore laid down; and the inspectors shall provide the tools and implements, and the materials for carrying on such manufactory as they may deem expedient, and shall allow to such of the prisoners as may choose to work thereat three-fourths of the net proceeds of their labour, and shall pay the same as it is earned to the prisoner; the other fourth shall be deposited in bank in the manner hereinafter directed.

Art. 132. The daily allowance of food to a prisoner in the house of detention shall be the same as is allowed to a soldier in the army of the United States. The bedding shall be the same as is directed for the prisoners in the Penitentiary.

Art. 133. The inspectors shall make prison regulations for the preservation of order in the House of Detention, not inconsistent with this Code, and for the supply of food and other accommodations to such of the persons detained as are allowed to procure the same at their own expense; but no wine or spirituous liquors shall be introduced but by order of the physician, stating that the health of the party, in whose favour it is given, requires it.

TITLE II.

OF THE TREATMENT OF THE PRISONERS IN THE PENITENTIARY.

CHAPTER I.

Of the reception of the convicts.

Art. 134. Every convict sentenced to imprisonment in the Penitentiary shall, immediately after the sentence shall have been finally

pronounced, be conveyed, by the sheriff of the parish in which he was condemned, to the Penitentiary, under secure guard; and when it shall be deemed necessary, the officer commanding the regiment of the place where the court sits, shall furnish a guard for that purpose, on the order of the court entered on its minutes.

Art. 135. On the arrival of a convict, immediate notice shall be given to the physician, who shall examine the state of his health; he shall then be stripped of his clothes and clothed in the uniform of the prison, that is suited to his offence, in the manner hereinafter provided, being first, if necessary, bathed and cleaned.

Art. 136. The convict shall then be examined by the clerk and the warden, in the presence of as many of the under-keepers as can conveniently attend; and his height, apparent and alleged age, complexion, colour of hair and eyes, and length of his feet to be accurately measured, shall be entered in a book provided for that purpose, together with such other natural or accidental marks, or peculiarity of feature or appearance, as may serve to identify him; an instrument shall also be provided by which the profile of his face shall be delineated, and it shall be marked with his name and pasted in the said book, under the description of his person; and if the convict can write, his signature shall be placed under the said description of his

person.

Art. 137. All the effects on the person of the convict, as well as his clothes, shall be taken from him and specially mentioned, and preserved to be restored to him on his discharge, or delivered to his curator, where one shall be appointed, pursuant to the provisions hereinafter contained.

Art. 138. If the convict is not in such ill health as to require being sent to the infirmary, he shall then be conducted to the cell assigned to him, where he shall be kept in solitude for forty-eight hours, interrupted only by the necessary attendance of the keeper; during this period, designed for reflection, neither books nor employment of any kind shall be allowed him.

Art. 139. On the third day the chaplain shall visit him in his cell, and shall endeavour to impress on his mind as well the wickedness as the danger of vicious and unlawful pursuits, and he shall exhort him to obedience and industry during the term of his service, and urge the utility of acquiring the means of an honest support by labour on his discharge. The warden shall then examine him, and put him to such labour as he shall seem fittest for, consulting his inclinations as well as his physical powers.

CHAPTER II.

Of the labour of the male convicts committed for a term of years.

Art. 140. Although labour forms a part of the sentence, it is annexed as an alleviation, not an aggravation of punishment. The punishment is imprisonment in solitude. All that the law entitles the patient to under this confinement, is food, clothing, and lodging, sufficient for the preservation of health, but all of the coarsest kind; his health and life are the objects of attention, not his appetite or com

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