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Worms, or

beads not to be

made of base metal.

Towns may choose Assay

Masters to spect and try

heads and worms.

Assay Masters may enter still

examine.

be produced of

Fees for certifi

Certificate to

SEC. 2. Be it further enacted, That no brazier, pewterer, or other artificer whatsoever, shall presume to make any worm or head, (for distilling,) of coarse and base pewter, or such as hath any mixture of lead in it, under the penalty of three hundred dollars.

SEC. 3. Be it further enacted, That in each town within this State, where the distilling trade is carried on, it may be lawful for the inhabitants thereof, at their annual town meeting for choice of town officers, to choose two or more Assay Masters, whose business it shall be to inspect and make trial of any such heads and worms, as shall be suspected by them; and if, upon their assaying and trial of them, they be found to be made of lead, or of other base metal, or to have an alloy of lead or other base metal in them, they shall give notice thereof to the distiller or owner thereof, who is hereby forbidden to make any further use thereof in distilling, under the aforesaid penalty of three hundred dollars.

SEC. 4. Be it further enacted, That the Assay Masters or houses, &c. to Inspectors are hereby empowered to enter into any Still-house or place, where such utensils are suspected to be kept, and to cut off so much of them as shall be needful to make an asCertificate to say or trial of them. And every distiller shall be obliged to Assay Masters. produce a certificate, under the hands of the Assay Masters, for the time being, for all the pewter heads and worms which they shall make use of in distilling; that they have been tried and are approved of by them for good pewter, and that they have put their mark and number upon them; for which mark a stamp shall be forthwith prepared at the town charge : For which certificate and every assay made by them, they cate and assay. shall be allowed by the distiller or owner of such heads and worms, the sum of one dollar. The said certificate, with be entered with mark and number to be entered in the Town Clerk's book, for which service the Town Clerk shall be allowed ten cents. SEC. 5. Be it further enacted, That all forfeitures and penrecovered and alties arising by virtue of this Act, shall be the one half to the poor of the town, where the offence is committed, and the other half to him or them, that shall inform and sue for the same. And further, that all Assay Masters, chosen to that Assay Master's office, shall make oath as follows, viz: I, A. B. do solemnly swear that I will, to the best of my skill, prove and make trial of all worms and still heads, within the town of C. that are used, or designed to be made use of, in distilling, that shall come to my knowledge, for which there is no certificate in the Town Clerk's book, and will make a true and faithful report thereof to the Town Clerk, for the time being. So help me God.

Town Clerk.

Penalties, how

appropriated.

oath.

[Approved March 15, 1821.]

CHAPTER XXX.

An Act relating to the punishment of Convicts.

SEC. 1. BE it enacted by the Senate and House of Represent

imprisonment

ed.

convicts in solitary confine

atives, in Legislature assembled, That, whenever any person Sentence of convicted of any crime or offence whatever, shall be duly to be executed sentenced therefor to solitary imprisonment and confinement in county gaol. to hard labor by any Court of this State or of the United States, the Court before whom such conviction shall be had, may order the sentence to be executed in the common gaol or house of correction of the County in which the offence shall have been committed. And the keeper of such gaol or Gaoler direct house of correction is hereby authorized and required to execute such sentence of solitary imprisonment, by confining the convict in one of the cells of the gaols or house of correction, if any such there be, and if there be none, then in the most retired and solitary part of the prison or house of correction; and during the time of such solitary confinement, Treatment of the convict shall be fed on bread and water only, unless other food shall be necessary for the preservation of his or her ment. life; and no intercourse shall be allowed with such convict, except for the conveyance of food or other necessary purposes. SEC. 2. Be it further enacted, That the keeper of the gaol or house of correction, to which such convict shall be committed, after the term of solitary imprisonment, shall fur-ish tools, &c. nish the convict with tools and materials to work with, in any suitable manner in which his or her time can be usefully and profitably employed, either in the gaol or house of correction, or within the close yard thereof in the day time; and Convicts to such convict, when set to work in the yard, shall be confined chain in cerwith a log and chain, or in such other manner, as shall prevent his or her escape, without unnecessarily producing bodily pain, or interrupting his or her labor. And it shall be Duty of Sheriff. the duty of the Sheriff in each County to oversee the execution of all such sentences, and to make such rules and regulations, from time to time, as may best effect the purposes

Gaoler to furn

wear log and

tain cases.

to be submit

Gaoler to re

of this Act, and to cause the same to be duly executed: and Rules of gaol all such rules and regulations shall be reported to the Court red to court of of Sessions of the County within which the gaol or house of sessions. correction is situated, and they may be altered or repealed by said Court, as they shall see fit. And it shall be the duty of the keeper of such gaol or house of correction, to re- port. port to the said Court at every session thereof within his County, the names and condition of all such convicts in the gaol or house of correction, and the manner in which they are treated and employed. And if any convict during the Refractory time for which he or she is sentenced to hard labor, shall convicts to be refuse or neglect, without any reasonable excuse therefor to labor as aforesaid, when tools and materials for that purpose are furnished, such convict so long as he or she shall

punished.

an account of

labor,

sums to the

court of sessions.

labor exceed

terials and ex

penses.

paid the eon

viet,

so refuse, shall be kept on bread and water, and be confined to solitary imprisonment in the manner provided in the first section of this Act.

SEC. 3. Be it further enacted, That the keeper of every Gaoler to keep gaol or house of correction, to which any such convicts shall the proceeds of be committed, shall cause to be kept a true account of the labor of every such convict, and of the articles manufactured or produced by each, and all other proceeds of his or her labor; and also of the cost of the materials furnished to and report the each convict, and of all other charges and expenses attending the execution of this Act; and he shall also cause the articles manufactured by each convict or other produce of his or her labor to be sold, and like account of the proceeds of such sales to be kept; all which accounts, from time to time, shall be reported and presented to said Court in the County, in which the gaol or house of correction is situated. And at the expiration of the term for which any such convict shall have been sentenced, if it shall appear that the If proceeds of proceeds of his or her labor have been more than sufficient the cost of ma- to pay for the cost of the materials, with which he or she may have been furnished, and for his or her maintenance in the gaol or house of correction, and for all other charges and expenses incurred in keeping such convict confined and employed in manner aforesaid, the residue of such proceeds shall be paid over to such convict for his or her own use: Balance to be Provided, That said Court if it see fit, at any time during the confinement of such convict, when it shall appear that the proceeds of his or her labor are more than sufficient for the purposes aforesaid, may order the residue of said proceeds or any part thereof to be paid over to the use of the family of such convict, if any he or she have; and in such case the balance only of such proceeds, if any remain at the time of the discharge of such convict, shall be paid to him or her in manner aforesaid. And all charges and expenses incurred in maintaining such convicts, and keeping them employCharge of con cd, excepting such as may be reimbursed by the proceeds of their labor, shall be paid by the State. And the accounts of the gaoler or keeper of the house of correction in that behalf being first settled by the Court aforesaid in the Counties der finds to be respectively, in which the gaol or house of correction is situadvanced for ated, the said Courts respectively are hereby authorized to order such sums, as may, from time to time, be necessary to enable the gaoler or keeper of the house of correction to provide such tools and materials as aforesaid to be advanced and paid to him out of the Treasury of the County in which the gaol or house of correction may be situated, such gaoler or keeper of the house of correction to be accountable in manner abovementioned for the expenditure of the same, and to repay the amount thereof into the said County Treasury out of the proceeds of the labor of such convicts, or out of

or to his fami

ly.

viets to be paid by the State.

Courts may or

materials.

the monies received by him in that behalf from the treasury of the State.

may

SEC. 4. Be it further enacted, That if any such convict Refractory conshall be unruly or shall disobey any of the regulations estab-punishe lished as aforesaid, for the government of the convicts in the gaol or house of correction, to which he or she is committed, it shall be lawful for the Sheriff of the County in which the gaol or house of correction may be, after due inquiry into the circumstances of the case, to order such unruly or disorderly convict to be kept in solitary imprisonment, and to be fed on bread and water only, in the manner provided in the first section of this Act, for a term not exceeding ten days, for every such offence. And it shall be the duty of the Convicts may gaoler or keeper of the house of correction to furnish every before bible, such convict, who may be capable and willing to read, with &e. a copy of the Bible and with such moral and religious tracts, as may be suited to their condition, when he can procure the same from any Bible Society or from other well disposed persons; and also to permit any Minister of the Gospel, who may be disposed to aid in the reformation of such convicts and to instruct them in their moral and religious duties, to cess to them have access to them when in solitary imprisonment, and at all other times, when not employed in labor according to the provisions of this Act.

furnished

And ministers

may have ae

pealed March

SEC. 5. Be it further enacted, That when any gaol or 5th section rehouse of correction shall, hereafter, be erected in any coun- 19, 1821. ty, suitable apartments shall be made therein for the purpose Gao's hereafter of solitary imprisonment, and yards shall be laid out adjoin- to have cells ing thereto of sufficient dimensions for the employment of all and work yards. such convicts, and enclosed with a fence sufficiently high and strong to prevent escapes and all access to or intercourse with such convicts by any persons from without the prison. And it shall be the duty of the Court of Sessions in every county in which there is now a gaol or house of correction, suitable for the confinement of such convicts forthwith to order such yards to be laid out and enclosed as aforesaid, adjoining to such gaol or house of correction. And any county which Penalty for shall for the space of two years after such order neglect to negleci. make such yard or fence according to the provisions of this Act, shall forfeit and pay to the use of the State the sum of five hundred dollars to be recovered on information or indictment before the Supreme Judicial Court when sitting within or for any adjoining county.

pealed March

SEC. 6. Be it further enacted, That whenever it shall ap- 6th section res pear to the Court, at the time of passing such sentence as 19, 1921. aforesaid, that there is no gaol or house of correction in the County where the offence may have been committed, suitable when, there is for the confinement of such convict according to the provis- gaol in a counions of this Act, such Court may order the sentence to be sentence may executed in any neighbouring county in which there may be be executed in

no suitable

ty,

County.

a neighboring a gaol or house of correction, suited to that purpose, and every such convict shall be confined and kept at work in the gaol or house of correction, to which he shall be so committed in like manner in all respects as if the sentence had been passed in the county in which the gaol or house of correction is situated.

Repeal of for

mer set.

Repeals two

mer act.

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SEC. 7. Be it further enacted, That an Act relating to the punishment of convicts, who may be sentenced to solitary imprisonment and confinement to hard labor adopted by the Constitution of this State be and the same is hereby repealed. [Approved June 27, 1820.]

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An Act repealing part of an Act relating to the punishment of Convicts.

SEC. 1. BE it enacted by the Senate and House of Representsections of for- atives, in Legislature assembled, That the fifth and sixth sections of an Act entitled, "An Act relating to the punishment of convicts," passed on the twenty-seventh day of June last, be, and the same are, hereby repealed.

Regulations

tary imprison

ment.

SEC. 2. Be it further enacted, That until more suitable respecting soli- and permanent provision respecting prisons can be made, in case of any conviction, on which the convict shall be punished by solitary imprisonment and confinement to hard labor, the Court before whom such conviction may be had, shall order such punishment to be by solitary imprisonment so far as the situation of the prison, the state of the convict, and the circumstances and aggravation of the offence shall render proper.

[Approved March 19, 1821.]

:0:

CHAPTER XXXII.

An Act respecting Conditional Pardons.

WHEREAS in the course of human events it sometimes happens that crimes for which the perpetrators are legally sentenced to suffer the punishment of death, are attended with alleviating circumstances:

BE it enacted by the Senate and House of Representatives, Governor with in Legislature assembled, That whenever any person, who has cil may grant been, or shall hereafter be sentenced by the Justices of the

advice of Coun

conditional pardons.

Supreme Judicial Court, to suffer the punishment of death, shall make application to the Governor for pardon, and the Governor shall think proper, by and with the advice and consent of the Council, to grant such pardon, on condition that the person thus sentenced be imprisoned or confined to hard labor during his or her natural life, or for a certain term of years, in the condition of such pardon to be expressed, the Governor be, and hereby is authorized in order to

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