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such number of skilled workmen or other employés as may be deemed essential to their successful operation and to the pecuniary interest of the State.
SEC. 49. Under-officers and employés shall, after the termination of the present lease, receive such compensation for their services as the penitentiary board may prescribe (the maximum amount of such compensation to be fixed by said board before another lease is made), to be paid in such manner as may be prescribed by the board.
THE TREATMENT OF CONVICTS, AND GENERAL PROVISIONS. SEC. 50. The various provisions of this act are designed to secure to the convicts humane treatment, suitable moral instruction, to provide for their health, and to extend to them such comforts and privileges as may be consistent with their situation, and at the same time to require of them a due attention to their various duties, and a strict observance of the discipline, rules and regulations of the prison. SEC. 51. The convicts shall all be treated with humanity; but a dis
. tinction may be made in their treatment so as to extend to such as are orderly, industrious and obedient, comforts and privileges according to their deserts. The rewards to be bestowed upon convicts for good conduct shall consist of a relaxation of strict prison rules, shall consist of an extension of social privileges, permission to read and write, and such other privileges as may not be inconsistent with proper discipline. Commutation of time for good conduct may be granted by the superintendent as follows: For each month in which no charge of misconduct is sustained or charged, first year two days per month, twenty-four days per year; second year, three days per month; third year, four days per month; fourth year, five days per month; fifth year, six days per month; sixth year, seven days per month; seventh year, eight days per month; eighth year, nine days per month; ninth year, ten days per month; tenth year, and all succeeding years, fifteen days per month. For each sustained charge of misconduct the commutation for one month in that year to be forfeited; and for any mutinous conduct, conspiracy or escape, or attempt to escape, all good time made to that date to be forfeited. For extra meritorious conduct on the part of any convict, he shall be recommended to the favorable consideration of the governor for increased commutation or pardon.
Sec. 52. The punishments that may be prescribed by the penitentiary board shall consist of deprivation of privileges, closer imprisonment, confinement in cell on bread and water, confinement in dark cell, confinement in irons, and other punishments of like character; but a convict shall not be deprived of his food at regular hours, except as above provided. Whipping may be resorted to upon a special order in writing from the superintendent or assistant superintendent or inspector, in aggravated and particular cases, and under such rules and instructions as may be prescribed in the rules. A convict's head shall not be shaved in any instance; 'nor shall stocks or “horse” be used under any circumstances.
SEC. 53. Suitable clothing, substantial material and uniform make, and sufficient food of wholesome quality, shall be furnished to all, and, in order that all convicts be fed alike, as near as practicable, the rules shall prescribe the kind, quality and variety of food to be furnished. Convicts are to be allowed no spirituous, vinous or malt liquors, except upon prescription of the physician.
SEC. 54. Convicts sentenced to hard labor shall be kept at work, under such rules and regulations as may be adopted; but no labor shall be
required of any convict on Sunday except such as is absolutely necessary; and no greater amount of labor shall be required of any convict than a due regard for his physical health and strength may render proper; nor shall any convict be placed at such labor as the penitentiary physician may pronounce him physically unable to perform.
Sec. 55. Convicts who have been reported by the physician, inspector or other officer in charge, as in a condition of health which requires their removal to some other place, shall be accordingly promptly removed, but under such regulations and in such manner as will prevent escape.
SEC. 56. Convicts, when received into the penitentiary, shall be carefully searched. If money be found on the person of a convict, or received by him at any time, it shall be taken charge of by the assistant superintendent and placed to the convict's credit, and expended by him for the convict's benefit on his written order, and under such restrictions as may be prescribed by the rules. Any officer who, having charge of a convict's money, misappropriates the same or any part thereof, or who seeks to speculate on such convict, shall be removed from office.
SEC. 57. Convicts of different sexes shall be kept separate and apart. If a female convict be received with an infant child, or if any child shall
a be born in the penitentiary, the child shall be permitted to remain with its mother until four years of age, when it shall be provided for as may be prescribed by the penitentiary board.
Sec. 58. It shall be the duty of the assistant superintendent, inspector or other officer in charge of a penitentiary, division or convict camp or force, to have all convicts who may die while in custody decently buried, and each grave marked by a board with the name of convict, date of death, age if known, and county whence sentenced, inscribed thereon.
SEC. 59. Convicts who are unable to read or write may receive instruction under such regulations as may be prescribed by the penitentiary board; and the said board may, whenever practicable to do so, employ a competent teacher for that purpose.
SEC. 60. When a convict is entitled to his discharge from prison, he shall be furnished with a written or printed discharge from the superintendent of penitentiaries, with seal affixed, giving convict's name, date of sentence, from what county, amount of commutation received, if any, and such other description as may be practicable. He shall be furnished with a plain suit of citizen's clothing, five dollars in money, and railroad transportation to nearest depot to county seat from whence sentenced, not to exceed fifteen dollars; but if convict prefers, he may receive transportation tickets for same distance in some other direction.
SALARIES OF PENITENTIARY OFFICERS.
SEC. 61. The superintendent of penitentiaries shall receive an annual salary of twenty-five hundred dollars, to include bis traveling expenses.
SEC. 62. The assistant superintendents shall each receive an annual salary of fifteen hundred dollars, and no more.
Sec. 63. The inspectors shall each receive an annual salary of two thousand dollars, and no more, to include traveling expenses.
SEC. 64. The physicians of the penitentiary shall each receive an annual salary of seven hundred and fifty dollars, and no more. SEC. 65. The chaplains of the penitentiary shall each receive an annual
. salary of three hundred dollars, and no more.
VISITS TO THE PENITENTIARIES. SEC. 66. The governor and all other members of the executive and judicial departments of the government, and members of the Legislature, shall be admitted into the penitentiaries at all proper hours, for the purpose of observing the conduct and operations thereof, and may hold conversations with the convicts apart from any of the prison officers.
SEC. 67. Other persons may visit the penitentiaries under such rules and restrictions as may be established.
LEASES AND LESSEES OF THE PENITENTIARY,
SEC. 68. The system of labor in the State penitentiaries shall be by lease, by contract, by the State, or partly by one system and partly by the others, as shall be in the discretion of the penitentiary board deemed for the best interest of the State.
SEC. 69. Whenever practicable, the penitentiaries may be operated under a lease, in accordance with the regulations herein prescribed; but no lease shall be made by which the control of the convicts, except as to a reasonable amount of labor, shall pass from the State or its officers, and the management of convicts shall in all cases and under all circumstances remain under the control of the State and its officers.
SEC. 70. Each lease of the penitentiaries shall be for some definite term, not to exceed fifteen years, after public notice by advertisement in at least three newspapers in the State, and shall be executed by the governor, with the concurrence of the penitentiary board, upon such terms and conditions as said board may deem best for the public interest, special regard being had as far as practicable to the exaction of the penalty imposed by law on each convict, and to the protection, well-being and humane treatment to which a convict entitled at the hands of the State; provided, that said board, in order to organize and put in operation the Rusk penitentiary to the end that a greater number of convicts shall be confined within the walls before the termination of the present lease, and, as soon as practicable, shall have the power to modify the terms of the present lease so as to include both penitentiaries and to extend the said lease.
Sec. 71. In case of a lease of any penitentiary, the lessee or lessees shall execute and deliver to the governor a bond in an amount to be designated by the penitentiary board, with two or more good and sufficient sureties, to be approved by said board, payable to the governor, and conditioned that the lessee or lessees shall faithfully comply with the terms of the lease, which bond shall be deposited in the office of the secretary of state.
SEC. 72. Every lease shall be subject to the approval or revocation of the first Legislature thereafter convened, and to any and all existing laws touching the penitentiaries and convicts, or any others thereafter passed; and any failure ou the part of a lessee to carry out in good faith any of the terms of his lease, or to comply with any of the conditions of any bond he may have executed, shall ipso facto operate as a forfeiture of such lease, and the governor may so declare, and at once resume control of the penitentiary or penitentiaries, and every lease shall be subject to the reservations to the State contained in this act, whether specified in the lease or not, and the State shall not, under the guise of contract, or in any other manner, part with the right to direct how at any time and under all circumstances its convicts shall be lodged, fed, clothed, worked, guarded and treated.
SEC. 73. The penitentiary board may make and change at pleasure all rules for the discipline and punishment of convicts, and how they shall be fed, clothed, worked, guarded or instructed, and for the purpose of enforcing any regulations touching the physical capacity of convicts to perform certain kinds of labor, or regulation requiring certain convicts to be kept within the prison walls. The superintendent may require the lessees of the penitentiaries to change convicts from one kind of labor to another, and to remove them within the prison walls.
SEC. 74. Whenever a penitentiary is leased an inventory and valuation of all the materials, machinery and property of every description belonging to the penitentiary, except such reservations as the penitentiary board may direct, and except the land, shall be made by appraisers, one of whom shall be appointed by the governor and the other by the lessees, and in case of disagreement between the appraisers, they shall select an umpire. Upon completion of the apprasiment and its return to the governor, under oath, the property shall be receipted for to the governor at its appraised value.
Sec. 75. Upon the termination of any lease, by limitation or otherwise, the lessees shall quietly and peacefully surrender and return to the State all property belonging to the penitentiary; when a like inventory and valuation shall be made of all the property belonging to the State, or to the possession of which it may be entitled under the terms of the lease. For all property returned in good order and repair the lessees
. shall be credited with the value thereof, as fixed by appraisement, when he received it. For all property returned, not in good order and repair, the lessees and sureties shall be charged with such amount, to be estimated by appraisers, as will be necessary to put the same in good order and repair, and for all property received from the State and not returned, the lessees and their sureties shall pay the value thereof, as fixed by appraisement when received, except that the lessees shall not pay for property destroyed by fire, or otherwise, not occasioned by the fault of themselves or their employees.
Sec. 76. The lessees shall have use of all lands, buildings, machinery, tools and other property connected with the penitentiary leased, and may make improvements and additions to the penitentiaries, with the approval of the penitentiary board, and under such limitations as may be prescribed by law, and such lessees shall be allowed a reasonable compensation for such improvements as are of a permanent nature at the expiration of the lease, the amount of such compensation to be determined by said board; provided, if any improvements are made by lessees with the approval and consent of said board, and the said lessees, by the terms of the lease, have to pay to the State any moneys before the termination of the lease, they shall be credited with said improvements, first, on any funds that may then be due the State; or, second, out of first
moneys wbich may become due the State on account of said lease. SEC. 77. Lessees shall have the right to introduce into the penitentiaries such skilled labor as they may deem proper and necessary for the efficient operation of convict labor, and to superintend and instruct the same, but such employees to be subject to the rules of the prison.
Sec. 78. The lessees shall furnish everything necessary for the support and maintenance of the penitentiary leased, including the salaries of all officers, and the compensation of under officers, to be paid as may be directed by the penitentiary board. In the execution of any lease, the penitentiary board may make such other stipulations and agreements, not inconsistent with the provisions of this act, as it may deem to the interest of the State or essential to its protection, and such stipulations and agreements shall be binding in all respects upon the lessees, and the bond given shall be construed to extend to and include the performance of such stipulations and agreements, in the same manner as if the duties were imposed by positive law.
ŠEC. 79. The right to hire out convicts and to operate them outside the walls, either by the State or lessees, is expressly given, but they shall be hired out in as large forces as practicable, concentrated as much as possible, and easily accessible, so that they may be kept more secure, better provided for, and more frequently inspected.
Sec. 80. The penitentiary board may prescribe what class or classes of convicts
may be hired out or put to labor outside the prison walls, and such other regulations pertaining to the same as may be deemed proper, but no convict shall be put to outside labor when his labor can be utilized within the walls; provided, that on the first day of January, 1882, or as soon thereafter as practicable, the penitentiary board shall provide that as many convicts as can be comfortably accommodated and profitably employed be confined within the walls of the penitentiaries now or hereafter established.
Sec. 81. The superintendent, with the governor's approval, may offer such reward for the apprehension of an escaped convict, not exceeding one hundred dollars, exclusive of expenses of delivery, as may be fixed by the penitentiary board, and to be paid as directed by the said board, the reward and expenses from either the penitentiary lease fund, or from the appropriation for the arrest of fugitive from justice.
SEC. 82. The provisions of this act shall apply to the present lease of the penitentiary at Huntsville, but shall not be construed to increase or add to the pecuniary responsibilities or obligations of the present lessees and their sureties as they stood when they executed their bond to the State.
SEC. 83. That this act is intended to take the place of all other laws in regard to the organization of the penitentiaries, and that all acts and parts of acts in conflict berewith are hereby repealed.
SEC. 84. The fact of the near approach of the end of the session rendering it impossible to do so constitutes an emergency and an imperative public necessity, which justifies the suspension of the constitutional rule requiring this bill to be read on three several days, therefore the said rule is hereby suspended; and whereas it is necessary that work should be commenced at once, under the provisions of this bill, therefore an emergency exists which requires that this act take effect and be in force from and after its passage, and it is so enacted:
Approved March 17, A. D. 1881.
CHAPTER L.-An act to validate certain notarial acts in the State of
SECTION 1. Be it enacted by the Legislature of the State of Texas, That all acts of notaries public appointed by authority of laws of the State of Texas, evidenced by the impress of a notarial seal having the word “ Texas" engraved just over the points of the star thereon, also where the word “Texas” is engraved between the points of the star, and county of