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The compiled statutes of the state of New Hampshire: to which are prefixed ... online

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be used as such house of correction.

Sec. 12.- Whenever any prisoner, under conviction for any
criminal offence, shall be confined in jail for inability to pay any
fine or costs, or to procure sureties, the court of common pleas in
the county where such prisoner was committed, or the two justices
thereof in vacation, upon satisfactory evidence of such inability,
may remit such fine and costs, and discharge him fi'om confine-
ment, upon sach terms as they may think expedient {R. &, sec.
12, amended by laws of 1846, chap. 351.)

Sec. 13. Whenever, firom the prevalence of any disease, or for
rebuilding or repairing the jail in any county, or other caue^, the
sheriff shall think it expedient that the prisoners be removed there-
from, on application in writing by the sheriff, the justices of the
superior court of judicature, or any two of them in vacation, may
order their removal to some other jail in the same or another coun-
ty, there to be detained in the same manner and by the same pro-
cess as in the jail from which they were so removed, until remand-
ed back by a similar process, or discharged accordiqg to law.

Sec. 14. All the expenses of removing and maintaining pris-
oners incurred under the preceding section, shall be defirayed by
the county firom which they are so removed.

Sec. 15. The jail in the county of Strafford shall be deemed
to be the jail of the counties of Belknap and Carroll, until a jail
shall be erected and completed for use in those counties respec-
tively, and any officer of said counties may commit any prisoner
in his custody to such jail until such time, and all expenses in-
curred in the custody and support of such prisoner shall be paid
by the county from which he is committed.



CHAPTER 242.

OF THE STATE PRISON.

compiled from
Chapter 227 of the Revised Statutes.
« 89, Laws of 1844.

" 984, « « 1850.



Sbotioh
1. State priflon to be in Concord.
8. Prison to be nnder care of warden.
8. Warden to give bonds.
4. Vacancj in office, how filled.



Sbctiok

5. Powers of goyemor and oonnciL

6. Duties of the warden, what

7. Prisoners, how committed.

8. Service and retnm of order.



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580



8TATB PBISON.



[title XXTIII-



Ssonoir



9.
10.

11.

IS.
13.



14.



W«rd«& to appoint a depntj.
Bo«rd of Tifliton of the priaon.
Warden liable for escapes, when.
Penaltj for assaolting warden by a

prisoner confined for life.
Penaltj for assaulting warden bj a

prisoner confined for a limited



Prisoners of United States courts re-
oetred.



Sbctioh

15. Bewards and pnnishmenta regulated.

16. Clothes and monej famished to dia-

diaiged conricts, when.

17. ConTicts incnstodjon drilprooeaB,

remedj.

18. Sadi oonrict to be detained.

19. Execution against warden, how ler-

ied.

20. If not paid, warden remoTcd.
81. Propertj to be appraised.



Section t. The state prison at Concord shall be the general
penitentiary of the State, for the punishment and reformation of
all criminsos sentenced to confinement to hard labor or solitary
imprisonment

Sec. 2. The state prison shall be under the superintendence
of a warden, to be chosen annually in the month of June, by joint
ballot of the senate and house of representatives in convention,
who shall hold his office for one year from the first day of July in
said year.

Sec 3. The warden, before entering upon the discharge of his
duties, shall give bond to the State in the sum of twenty thousand
dollars, with sufficient sureties, to the acceptance of the governor
and council, conditioned for the faithful performance of the duties
of his office.

Sec. 4. In case of any vacancy in the office of warden, the
governor and council may appoint a warden, to hold his office
until a new warden is chosen.

Sec. 5. The governor, with advice of the council, shall have
power —

First ; to appoint all officers and servants, except the warden
and his deputy, necessary for the management of the prison, and
to remove the same ;

Second; to define the powers, duties and compensation of such
officers and agents ;

Third; to establish by-laws for the government of the prison ;

Fourth ; to provide for the purchase of all articles necessary for
the use of the prison, or the health and comfort of the officers and
prisoners ;

Fifth; to provide for the sale of all articles manufactured in the
prison, or not necessary for the use thereof;

Sixth ; to make contracts, if expedient, for the support and em-
. ployment of the prisoners, or any portion of them ;

Seventh; to make all necessary additions, alterations and repairs
within the prison or its enclosure ;

Eigkth ; to provide a military guard for the security of the
prison ;

Ninth ; to provide such books and other instruction as he shall
deem necessary for the convict ;



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CHAP. 242.] STATE PRISON. 581

Tenth; to draw his wanant upon the treasurer of the State in
favor of the warden, for all appropriations made by the legislature
for the state prison.

Sec. 6. It shall be the duty of the warden —

First; to receive, safely keep and employ in said prison all con-
victs pursuant to their sentence, and until dischai^ed according to
law;

Second; to have the custodv and superintendence of all per*
flons confined in said prison, and of all property belonging thereto;

Third; to obey and enforce all orders, by-laws and regulations
which may be made by the governor and council for the manage-
ment of the [Nison ;

Fourth; to command the military guard for the prison ;

Fi/lh ; to receive, pay out and be accountable for all moneys
appropriated for the use of the prison, or derived from the sales of
articles belonging thereto ;

Sixth; to keep a regular and true account upon the books of
the prison of all moneys received and expended on account of the
prison, and of all its concerns ;

Seventh ; not to be in any case a contractor for the prison, or
interested therein ;

Eighth ; to render to the senate and bouse of representatives,
each, on the first Wednesday of June, annually, a full and true
account of all the receipts and profits, expenses and disburse-
ments of the prison since the last annual report, and a particular
repcNrt of its management and condition. {Laws of 1d44, chap.
89.]

Ninth; immediately upon the settlement of his account, at the
dose of each year, to deposit all the vouchers therefor in the office
of the secretary of state for public inspection.

Sbc. 7. w hen any convict shall be sentenced to confinement
to hard labor, the court before whom such conviction may be, shall
order the sheriff of the county to remove such convict to the state
prison amd deliver him to the warden thereof; and said sheriff or
bis deputy, in the execution of said order in any county through
which he may pass, shall have all the rights and powers of a
eheriff of such county.

Sec. 8. The clerk of said court shall deliver a copy of said
conviction, judgment and order thereon, to said sheriff, who shall
deliver the same, with a copy of bis return endorsed thereon, to
said warden, and shall make due return to said court of the service
of said order upon an attested copy thereof.

Sbc. 9. The warden shall by warrant under his hand appoint
a deputy, for whose acts he shall be answerable, and who, in case
of the absence, death, removal or resignation of the warden, shall
exercise all his powers and be subject to all his duties and Uabili-
ties, until a warden is duly appointed and qualified.

Sec. lU. The governor and council, with the justices of the
superior court of judicature, shall be visitors of the state prison,



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563 STATE PRISON. [tITLB XXITITI.

and shall annually, and as mncb oftener as may be proper, ▼isit
the prison and see that all regulations made for the government
thereof are proper and properly executed.

Sec. 11. If the warden, or any person employed in said prison,
shall negligently suffer any prisoner to be at large or to be visited,
comforted or relieved, contrary to the regulations of the prison or
the terms of the sentence of such prisoner, he shall be puDisbed,
upon indictment and conviction thereof, by a fine not exceeding
five hundred dollars.

Sec. 12. If any prisoner, under sentence of confinement to hard
labor for life, shall assault the wcurden or any person employed in
said prison, or shall forcibly attempt to break from said prison, or
shall escape therefrom, he shall be punished by solitary imprison-
ment not exceeding six months, without afiecting his first sentence
in any other manner.

Sec. 13. If any prisoner, under sentence of confinement to hard
labor for a limited time, shall assault the warden or any person
employed in said prison, or shall forcibly attempt to escape, or shall
escape therefrom, he shall be punished by solitary imprisonment
not exceeding six months, or by confinement to hard labor not
exceeding ten years, said punishments to commence at such time
as the court before whom the conviction may be, shall direct.

Sec 14. The warden shall receive all convicts sentenced to
confinement to hard labor by any court of the United States with-
in this State, who may be delivered to him by the marshal of the
district or his deputy, and shall safely keep such convicts until
discharged by due course of the laws of the United States.

Sec 15. The warden, with the consent of the governor and
council, may offer suitable encouragement and indulgences to
those convicts who distinguish themselves by obedience, industry
and faithfulness, and may punish any convict guilty of insolence
or ill language to any officer of the prison, or of obstinate and
refiractory behavior, by solitary imprisonment not exceeding thirty
days at one time.

Sec 16. The warden may furnish, at the expense of the State,
to each convict discharged from said prison, a cheap suit of clothes,
decent and suitable for the season in which he is discharged, and
a sum of money not exceeding three dollars.

Sec 17. If any convict sentenced to confinement to bard labor
or solitary imprisonment, shall at the time of such sentence be in
custody of the sheriff on any civil process, mesne or final, said
sheriff shall, on the delivery of such convict to the warden, leave
with said warden an attested copy of such process.

Sec 18. The warden shall detain such convict as well by vir^
tue of such process as of his sentence, and if at the expiration of
said sentence such process shall not be withdrawn, discharged,
satisfied or annulled, shall still detain such convict thereon until
discharged or remanded whence he came by due course of law.

Sec 19. When judgment shall be rendered against any par*



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CHAP. 243.] STATE PRISON. 583

son holding the office of waiden, for any snni of money, the exe-
cution thereon shall be against his goods, chattels and lands, but
not against his body ; and if such execution is returned unsatisfied,
the creditor may file a certified copy of such execution and the
return thereon with the secretary of state.

Sec. 20. The secretary shall immediately notify said warden
thereof in writing, with the day on which said copy was filed. If
said execution shall remain unsatisfied for the space of ninety days
after such notification, the governor and council shall forthwith
remove said warden from his office, and execution may then issue
against him in common form.

Sec 21. His excellency the governor, with the advice of the
council, shall appoint annually three suitable persons to appraise
all the property at the state prison, belonging to the State, at its
cash value. Said appraisers shall make a return of their appraisali
by them subscribed and sworn to as just and true, to the secretary
of state on or before the first Wednesday of June, annually : and
the secretary of state upon the receipt thereof shall lay the same
before the legislature. {Laws of 1850s chap. 984.)



CHAPTER 243.

OF THE POWER OF THE WABDEN TO BORROW MONEY.
IDENTICAL WITH

Chapter 985, Laws of 1850.

Section 1. The warden of the state prison is hereby author-
ized to borrow, on the credit of the State, a sum not exceeding
five hundred dollars at any one time, at the lowest rate of interest,
and not to exceed six per cent., for the use of the prison, to be ap-
plied in the purchase of provisions, fuel, stock, raw materials and
tools to be used in the prison, when in the opinion of his excellen-
cy the governor the interest of the State will be promoted thereby.



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864



■ALAXIB8.



[TITLB ZXIX.



TITLE XXn.

OF SALARIES AND FEES.



CuAPTBR 244. Of salaries and oompensatioa of certain officen.
Chapter 245. Of fees and costs in certain cases.



CHAPTER 244.
OF 8AZ.ABI1SS AMD C0MFKN8ATI0N OT CBBTAIH OmCSRS.

COMPILED nOM

Chapter 228 of the Revised Statutes.
" 34, Laws of 1843.
«« 247, « « 1845.
« 857, « « 1849.
« 1128, « « 1851.
« 1288, «« « 1862.



Sionoir




Ssonow




1.


SalAiy of goyernor.


16.


SherifV salaries, how paid.


S.


u


•• secretary of state.


17.


County treasurers' salaries, how paid.


8.


u


*" state treasurer.


18.


Compensatioi


a of oonndllors.


4.


tt


'* adjutant generaL


19.


M


" presidenland speak-


Or


u


« warden of state prison.






er.


e.


u




SO.


«


** members of legisla-


7.


u


" " " cbrcnit court






ture.


8.


u


*< judges of the court of com-


81.


11


<* derks of legislature.








38.


tt


fbr trayel of council-


».


«


** attorney general.






lors.


10.


u


" soHdtors.


83.


cc


for truTel of memben.


11.


OmnpeiMadon of solidton.


84.


u


abore, how paid.


12.


Salaiy of judges ud register! of pro-


85.


Absent members not to receire pay






bate.




unless absent on account of sick-


18.


u


^ sheriffs.




ness.




14.


((


" county treasurers.


26.


Statement of absence to be furnished


16.


Salaries, how paid.




toderk.





Section 1. The annual salary of the govemor shall be one
thousand dollars.

Sec. 2. The annual salary of the secretary of state shall be
eight hundred dollars, which shall be in full compensation for all
fiervioes in that office, except for making and giving copies and



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CHAP. 344.] 8ALABIBB. 586

o^rtificates to individualB for private uise ; and all other fees allowed
him by law shall be paid by him into the treasury ; and he shall
render an aoooont of the same annually to the legislature at the
Jane session.

Bbo. 3. The annual salary of the treasure of the State shall
be six hundred dollars

Sna 4. The annual salary of the adjutant and inspector gen-
eral, performing the duties of quartermaster general, shall be four
hundred dollars.

Sec. 5. The annual salary of the warden of the state prison
shall be eight hundred dollars, which shall be in full compensation
for all the services rendered by him in that office.

Sbc. 6. The annual salary of the chief justice of the superior
court of judicature shall be fourteen hundred dollars, and that of
each justice of said court, twelve hundred dollars.

Sbo. 7. The annual salaries of the justices of the circuit court
of common pleas shall be twelve hundred dollars.

Seo. 8. The judges of the court of common pleas for the sev-
eral counties in this State, shall each be paid tiiree dollars per day
for each and every day they shall attend said court in said several
counties, and ten cents a mile for their travel to and from the
places of holding the said several courts of common pleas. {Laws
of 1843, chap. 34, sec. 18.)

Sec 9. The annual salary of the attorney general shall be
twelve hundred dollars.

Sec 10. The solicitors for the several counties shall receive
from the state treasury, in full compensation for the services by
them rendered in the absence of the attorney general, at each term
of the court of common pleas at which they shall perform his du-
ties, upon a certificate thereof from the presiding justice, the fol-
lowing sums : —

In Rockingham, Hillsborough and Grafton, fifty dollars ;
In Straffon], Merrimack and Cheshire, forty dollars ;
In Belknap, Carroll, SuUivan and Coos, thirty doUars.

Sec. 11. Such solicitors shall receive for all other services by
them performed, such reasonable compensation as the justices of
said court may at each term direct, from the county treasury.

Sec 12. From the first day of January, A. D. 1853, the sala-
ries of the judffes and registers of probate in the several counties
shall be annuaUy as follows : —

Of the judge of the county of Rockingham, four hundred and
twelve dollars ; of the register of said county, five hundred and
fifty dollars ;

Of the jud^e of the county of Strafford, two hundred and
twenty-five doUars ; of the register of said county, three hundred
dollars ;

Of the judge of the county of Belknap, one hundred and forty-



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586 SALARIES. [title XXIX.

two dollars ; of the register of said county, one hundred and
eighty-three dollars ;

Of the jadge of the county of CarroU, one hundred and fifty
dollars ; of the register of said county, two hundred dollars ;

Of the judge of the county of Merrimack, three hundred dol-
lars ; of the register of said county, four hundred dollars ;

Of the judge of the county of Hillsborough, four hundred and
twenty-five dollars ; of the register of said county, five hundred
and seventy-five dollars ;

Of the judge of the county of Cheshire, two hundred and
twenty-five dollars ; of the register of said county, three hundred
dollars ;

Of the judge of the county of Sullivan, one hundred and seven-
ty-five dollars ; of the register of said county, two hundred and
twenty-five dollars;

Of the judge of the county of Ghrafton, three hundred dollars;
of the register of said county, four hundred dollars;

Of the judge of the county of Coos, one hundred and ten dol-
lars ; of the register of said county, one hundred and thirty-five
dollars. {Laws of 1852, chap. 1288.)

Sec. 13. Th& annual salaries of the sherifis of the sevefal
counties shall be as follows : —

Rockingham, three hundred thirty-four dollars ;
Strafford, one hundred seventy-five dollars ;
Belknap, one hundred fifty dollars ;
Carroll, one hundred fifty dollars ;
Merrimack, two hundred forty-five dollars;
Hillsborough, two hundred seventy-six dollars ;
Cheshire, two hundred twenty-five dollars ;
Sullivan, on% hundred seventy-five dollars;
Grafton, two hundred seventy-five dollars ;
Coos, one hundred seventy-five dollars.

Sec. 14. The annual salaries of the treasurers of the several
counties shall be as follows :

Rockingham and Grafton, each, one hundred fifty dollars ;
Merrimack, one hundred ten dollars ;
Hillsborough, one hundred twenty-six dollars ;
Strafford, Cheshire, Sullivan and Coos, each, one hundred dol*
lars;

Belknap and Carroll, each, seventy-five dollars.

Seo. 15. The salaries of the foregoing officers, except sherifis
and county treasurers, shall be paid quarterly from the state trea-
Bwrj.

Sec. 16. The salaries of sheriffs shall be retained by them
from the proportion of fees by law payable and paid to them by
their deputies, and shall not be otherwise paid.



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CHAP. 244.] SALARIES. 587

Sec. 17. The salaries of county treasurers shall be allowed to
them, on their annual statement of the condition of the treasury
of their respective counties, by the court of common pleas, and
shall be in full satisfaction for all official services.

Sec. 18. The members of the council shall receive two dollars
a day, each, during their sessions.

Sec 19. The president of the senate and speaker of the house
of representatives shall receive two dollars and fifty cents a day,
each, during the session of the legislature.

Sec 20. The members of the senate and house of representa-
tives shall receive two dollars a day, each, during the session of the
legislature.

Sec. 21. The clerks and assistant clerks of the senate and
house of representatives shall receive two dollars and fifty cents a
day, each, during the session of the legislature, and for one day
more for making up the rolls and filing the papers.

Sec 22. The members of the council sheJl receive, each, ten
cents a mile for their travel to and firom the place of their sessions.

Sec 23. The president and members of the senate, speaker
and members of the house of representatives and the clerks and
assistant clerks of the senate and house, shall each receive ten
cents a mile for their travel to and firom the place of [the] sitting
of the legislature.

Sec 24. The compensation allowed in the six preceding sec-
tions shall be paid firom the state treasury.

Sec 25. It shall be unlawful for any member or officer of the
executive council, or either branch of the legislature of this State,
to receive pay for his attendance for any day on which he may
have been absent during the whole sitting, unless detained firom
his place by sickness or specially excused firom attending by a
vote of the body to which be belongs. (Laws of 1845, chap. 247.)

Sec 26. Every member or officer who may have been absent
for any number of days during any session of the legislature, shall
furnish to the clerk or officer charged with the making up of the
pay-roll for the branch to which he belongs, at least one day be-
fore the close of the session, a statement of the number of days
he may have been absent, and the pay-roll shall be made up ac-
cordingly. {Laws of 1845, chap. 247.)



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PBBS AND COSTS.



[titlb



CHAPTER 245.

OF FEES AND COSTS IN CEBTAIN OASES.



COMPILED PROM

Chapter 229 of the Revised Statateo.
» 963, Laws of 1850.
« 1289, « « 1852.



Bmrnov


1


Sbctiov


1.


Fm0 o# jutticiM Uk diil cam.


14.


Fees of sberilb.


su


it


" ** " criminal CMML


15.




9.


u


" raoordiog and oortifyiiig offl-


16.


« •* jailers.






oen.


17.


'< » registers of deeds.


4.


u


" derka of coorti. •


18.


" " town derka.


6.


(t


" attoraoTt in conrtB.


19.


" " coroners and constables.


6.


«(


« « before juflticeg.


20.


" " grand and petit jnrors.


7.


M


** parties.


81.


" paid on jory trials.


s.


CI


flye dajs' attendance only, when.


22.


" oncoronen* inqaests.


9.


u


for trayel to coanty line onlj.


28.


** of secretary of stote.


10.


CI


'* " before jnsticea.


94.


" of notaries pnbHc.


u.


K


« <^ upon endoned notes.


86.


Penalty for taking iUegal foes.


IS.


tt


of witnesses.


86.




IS.


H


forty or toll bridge bow reckon-


87.


Receipt to be girea for foes.






ed.


86.


Penalty for negleet to give receipt



SECTION 1, Justices of the peace shall be allowed the follow-
Uig fees in civil cases :— -

Fox every writ of summons or attachment with summons, sev-
enteen cents ;

For writ of subpcBna, ten cents ;

For the entry of every action or complaint, including filing
papers, entering appearance and judgment and recording, fifty
cents;

For granting an appeal, seventeen cents ;

For each execution, seventeen cents ;

For a writ of possession, twenty-five cents ;

For entering satisfaction of a judgment on record, ten cents ;

For swearing each witness and caption of deposition, thirty-
four cents ;

For writing deposition, each page, seventeen cents ;

For travel to swear witnesses, each mile, three and a half cents ;

For taking and certifying the acknowledgment of any deed or
other instrument by one or more persons at one time, seventeen
cents;

For granting warrant of appraisement and swearing the apprai-
sers, twenty-five cents ;



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CHAP. 245.] FSES AND COSTS. 689

For actual trial npon issue joined, either of law or fact, fifty
cents;

For administering oaths in all cases and certifying the same^
except the oaths of office of town officers and oaths ^ministered
to witnesses in the trial of causes before tiie justice, seventeen
cents;

For every adjournment, seventeen cents.

Sec. 2. Justices of the peace shall be allowed the following
fees in criminal cases : —

For drawing a complaint, fifty cents ;

For a warrant founded on a complaint for any offence, twenty-
five cents ;

For granting an appeal, seventeen cents ;

For each recognizance, seventeen cents ;

For taking bau of persons committed in criminal cases, for each
offender, thirty-four cents;

For every examination, thirty-four cents ;



Online LibraryNew HampshireThe compiled statutes of the state of New Hampshire: to which are prefixed ... → online text (page 62 of 80)