AN ACT for the regulation of pawnbrokers. [Approved June 4, 1879. In force July 1, 1879 L. 1879, p 219.]

*1. Pawnbroker defined. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That every person or company engaged in the business of receiving property in pledge, or as security for money or other thing advanced to the pawner or pledger, shall be held and is hereby declared and defined to be a pawnbroker.

*2. Rate of percentage allowed. 2. It shall be unlawful for any pawnbroker, as herein provided, to charge or collect a greater benefit or per centage upon money advanced, and for the use and forbearance thereof, than the rate of three per cent, per month: Provided, that nothing herein shall be construed so as to conflict with the law pertaining to usury; and the person receiving money so advanced shall not be held to pay any storage, insurance or other charges other than such interest as herein provided.

*3. Penalty for violation of this act. § 3. Every pawnbroker who shall be found guilty of a violation of the provisions of this act, shall, for the first offense, be fined a sum not less than twenty dollars, nor more than one hundred dollars, and for each subsequent offense not less than fifty dollars, nor more than two hundred dollars, or imprisonment in the county jail not exceeding thirty days, or either or both, in the discretion of the court: Provided, that this act shall not be so construed as to, in anywise, impair the power of cities or villages in this State to license, tax, regulate, suppress and prohibit pawnbrokers as now provided by law.

II.

deputy clerk - matron,

SECTION

37.

36. Drawing funds from State treasury. Cruel, etc., punishment prohibited. 38. Discipline-escape-killing convict. Crimes committed in penitentiary. Amendments recommended.

39.

40

41. Chaplain to read rules

42.

43.

44

45.

46.

47.

Insane convicts.

Debts not to exceed appropriation. Convicts not to labor outside the walls.

Good time.

Forfeiture of good time.

Several sentences continuous.

Reports to and by the commissioners. 48. Computing good time.

AN ACT in relation to the penitentiary at Joliet, to be entitled "An act to provide for the management of the Illinois State penitentiary at Joliet. 1871. In force July 1, 1871. L. 1871-2, p. 596.]

[Approved June 16,

1. Joliet penitentiary continued. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the penitentiary at Joliet, in the county of Will, until otherwise provided by law, shall be the general penitentiary and prison of this State for the confinement and reformation as well as for the punishment of all persons sentenced by any court of competent jurisdiction in this

65.

66.

67.

68.

Term of office-vacancy-salary.

70.

Police powers conferred.

State, for the commission of any crime the punishment of which is confinement in the penitentiary, in which the person so sentenced shall be securely confined, employed at hard labor, and governed in the manner hereinafter directed.

He shall

2. Governor's duties in regard to. § 2. The governor shall visit the penitentiary semi-annually, and oftener if he shall deem it best, for the purpose of examining its affairs and its condition. inquire into all alleged abuses, or neglect of duty, and may make, in connection with the commissioners, such alterations in the general discipline of the prison as he may deem necessary.

3. Officers. 3. The officers of said penitentiary shall consist of three commissioners, one warden, one deputy warden, one chaplain, one physician, one steward, one matron, and as many turnkeys and watchmen as the warden and commissioners shall deem necessary.

4. Commissioners-term of office - vacancies. $ 4. The commissioners shall be appointed by the governor, by and with the advice and consent of the senate, and be subject to removal by the gov

ernor at his discretion; which removal and the cause thereof [*761]

shall be reported by the governor, to the next general assembly. Those now in office shall continue to hold such offices during the terms for which they were respectively appointed, unless sooner removed by the governor, at the expiration of the terms of office for which the present commissioners have been appointed, and biennially thereafter there shall be appointed by the governor, by and with the advice and consent of the senate, one penitentiary commissioner, who shall hold his office for the term of six years, unless sooner removed by the governor. In case of any vacancy occasioned by the removal from the State by any person so appointed, or death, or resignation, or non-acceptance of the office, or removal from office by the governor, of any such person so appointed, the governor shall immediately appoint a person to fill such vacancy for the residue only of such term. And all appointments made by the gov ernor when the senate is not in session, shall be valid until acted upon at the next session of the senate. [As amended by act approved May 31, 1879. In force July 1, 1879; L. 1879, p. 221; 2d L. 1867, p. 21, § 1. 5. Appointment of warden, etc. -term of office. $5. The warden, chaplain and physician shall be appointed by the commissioners, to hold their respective offices for the term of three years, unless sooner removed by said commissioners, and said commissioners are hereby authorized to remove said warden, chaplain, or physician, at their discretion. [2d L. 1867, p. 23, § 5; p. 27, § 20; p. 31, § 29.

6. Disabilities of commissioner. § 6. No person shall be appointed to the office of penitentiary commissioner who is a contractor in the penitentiary, or the agent or employee of any such contractor, or who is interested, either directly or indirectly, in any kind or branch of business in said penitentiary, or who shall at the time hold any other office under the laws of this State; and no such commissioner shall hold any other office or accept any appointment under this or any other law of this State, during his continuance in office as such commissioner. [2d L. 1867, p. 22, § 3.

7. Oath-bond. 7. Each of said commissioners shall take and subscribe the oath or affirmation prescribed by section twenty-five, article five, of the constitution of this State; and each of the said commissioners shall enter into a bond to the People of the State of Illinois, in the penal sum of $25,000, with good and sufficient sureties, to be approved by the governor and auditor of public accounts, conditioned for the faithful performance of his duty as penitentiary commissioner; and the governor and auditor of public accounts, upon discovering any default or delinquency on the part of said commissioners, or either of them, or upon the application of any surety on said bond, shall have power, and it shall be their duty, at any time, to require additional security or a new bond of said commissioners, or either of them; and the State shall have a lien upon the real property of the principal in said original and supplementary bonds, from the time of the execution and approval of the same; which bond or bonds and oath or affirmation shall be filed in the office of the secretary of State before such commissioner shall enter upon the duties of his office. [See "Official Bonds," ch. 103. 2d L. 1867, p. 21, 2.

8. Oath and bond of warden. § 8. The warden, before entering upon the duties of his office, shall take and subscribe the oath or affirmation prescribed by section twenty-five, article five, of the constitu tion of this State. And he shall also enter into a bond to the People of the State of Illinois, in the penal sum of $50,000, with good and sufficient sureties, to be approved by the governor and by the said commis sioners, or a majority of them, conditioned for the faithful performance of the several duties which now are or may hereafter be required of him by law, which said bond and oath or affirmation shall be deposited in the office of secretary of State. [2d L. 1867, p. 23, § 5.

9. Warden, deputy, clerks, matron, etc. S 9. The warden shall have power, by and with the advice and consent of the commissioners, or a majority of them, to appoint a deputy warden, clerk and steward, who shall severally take and subscribe the oath of office prescribed by the constitution of the State, and give bond to the People of the State of Illinois, in the penal sum of $3,000, with good and sufficient sureties, to be approved by the said commissioners or a majority of them, conditioned for the faithful discharge of the duties of their respective offices. Said deputy warden, clerk and steward shall be subject to removal by said warden, and they shall perform such duties as shall be required of them by said warden, [*762] or which may be required of them by the rules, orders and reg ulations of said commissioners. Said warden shall also employ such number of assistant keepers and guards as shall be necessary, who shall, at all times, be subject to his orders, and perform such duties as he shall require of them. Said warden shall also appoint a matron, and such assistant matrons as may be necessary, not exceeding one for each twenty-five female convicts in said penitentiary, who shall perform such duties in respect to said female convicts as said warden may require of No person shall be appointed warden or deputy warden, clerk or steward, or to any other employment in the penitentiary under this act, who is a contractor in the penitentiary, or the agent or employee of such contractor, or who is interested, either directly or indirectly. in any kind

them.

or branch of business carried on in such penitentiary, or who shall at any time, hold any other office under the laws of this State; and no such warden, deputy warden, clerk or steward, or other employee, shall hold any other office or accept any other appointment under this or any other law of this State, during his continuance in such employment. And in case any such warden, deputy warden, clerk or steward, or other employee, shall become so interested, either directly or indirectly, at any time during the term of his employment, or shall accept any other office or appointment under the laws of this State, he shall be removed by said commissioners. [2d L. 1867, p. 24, § 5.

10. Duties of commissioners. § 10. It shall be the duty of said commissioners to meet at said penitentiary at least as often as once in each month, and as much oftener as the proper control and superintendence of said penitentiary shall require. They shall examine and inquire into all matters connected with the government, discipline and police of said penitentiary, the punishment and employment of the convicts therein confined, the money concerns and contracts for work, and the purchase and sales of the articles provided for said penitentiary or sold on account thereof. They shall make and require to be enforced all such general rules, regulations and orders for the government and discipline of said penitentiary as they may deem expedient, and may, from time to time, alter and amend the same; and in making such rules and regulations it shall be their duty, in connection with the governor, to adopt such as in their judgment, while being consistent with the discipline of the penitentiary, shall best conduce to the reformation of the convicts, and they shall make all necessary and suitable provision for the employment of said convicts, subject to the limitations and provisions hereinafter contained. They shall inquire into any improper conduct which may be alleged to have been committed by the warden or any other officer or employee of said penitentiary, and for that purpose may issue subpenas, and compel the attendance of witnesses, and the production before them of writings and papers, and may examine any witnesses, on oath, who may appear before them. [2d L. 1867, p. 24, § 7.

11. Reports to and by commissioners. §. Whenever the said penitentiary is ready for the accommodation and safe keeping of convicts, the said commissioners, or a majority of them, shall certify that fact to the secretary of State, and thereupon the secretary of State shall notify all the judges of the circuit courts and other courts having criminal jurisdiction, in the counties lying south of the following tier of counties, to wit: Iroquois, Ford, McLean, Tazewell, Peoria, Knox, Warren and Henderson, and after such notice, all convicts sentenced to the penitentiary in the counties aforesaid, shall be committed to the penitentiary provided for by this act : Provided, that the authorities in charge of the southern Illinois penitentiary and the one at Joliet may, with the approval of the governor, make such exchange of prisoners from one building to the other as good discipline and the interest of the State may require; And, provided, further, that the governor may, from time to time, change the boundaries of the penitentiary districts in such manner as to make the size of the districts bear due proportion to the capacity of the prisons therein. When he deems such change to be neces