and secretarv.

CHAPTER 1. due organization, by electing one of their number president of the Election of then board, and appointing one of the number secretary, they shall president proceed to demand and recover from the late board of commissioners of the said penitentiary, all books, papers, moneys, rights, credits, effects and property belonging to said penitentiary, and the said board hereby constituted, may adjourn from time to time, as they may deem necessary: Provided, that not more than six days in any one month shall be occupied in the meetings of said board. SEC. 4. Should a vacancy occur in said board of commissioners, by failure to qualify, death, resignation or otherwise, the governor of the territory is hereby empowered to appoint some suitable person, a resident of the territory, to fill such vacancy; and the person so appointed, shall qualify according to the provisions of this act, and shall enter upon the duties assigned to his predecessor.

Vacancies, how filled.

Duty of president.

SEC. 5. It shall be the duty of the president of the board, to preside at the meetings thereof, and superintend the performance of all contracts for labor and material, which may have been authorized by the board, to see that the terms of each contract are fulfilled, and to do and perform such other duties pertaining to the erection of said penitentiary, as the board shall direct: Provided, Member not that no member of the board shall be interested directly or indiirectly, in any contract of any kind, connected with the erection of said penitentiary, during their continuance in office, under the penalty of five thousand dollars, to be prosecuted and collected of him and the sureties upon his official bond, upon an action of debt, under the direction of the governor of the territory.

to be

ested contract.

Treasurer of

SEC. 6. The governor of this territory is hereby declared to be penitentiary the treasurer of the fund appropriated by the congress of the United States, to be applied to the erection of a penitentiary; and shall make requisition for and receive from the proper officer of the United States treasury, any and all moneys that now are or may hereafter be appropriated for the erection of a penitentiary, and to keep the same in safety, being at all times prepared to pay the drafts of the board, out of such funds as he shall receive by virtue of the provisions of this act.

Treasurer when to pay moneys.

When

and

how to erect

SEC. 7. No money shall be paid by the treasurer for any purposes, unless on a draft ordered by the board, and signed by the presiding commissioner, and attested by the secretary; and every such draft shall express upon its face, whether the amount so required is for materials furnished or services rendered, or labor performed; and the board shall in no case sanction the payment of any money, unless the labor has been performed or the materials have been furnished in accordance with a contract entered into under the provisions of this act, for which any such payment is contemplated.

SEC. 8. The commissioners shall, after taking into their pospenitentiary session any and all materials, and contracts for materials and labor, proceed with as little delay as possible, to erect a suitable building of stone or brick, proof against fire, and of suitable size and strength to safely and properly keep fifty convicts.

Board

to

SEC. 9. All the contracts and other acts of any acting commishave super sioner shall be under the supervision and control of said board, contracts. and no contract shall be entered into for material or labor for the

of

erection of said penitentiary, until approved by the said board, or CHAPTER 1. a majority thereof, nor until the said board shall have first given notice by publication in one or more newspapers, printed in the territory, for three successive weeks, inviting sealed proposals for the performance of the labor and furnishing of the necessary materials for the fulfillment of the proposed contract, and specifying the character of the bond which will be required for the fulfillment of said contract; and in all cases contracts shall be given by the board to the lowest and best responsible bidder, who will give the security; provided, that when there shall be but one bidder, the approval of every member of the board shall be requisite to complete the proposed contract.

ment

of

ers; their

of keeper.

SEC. 10. The said commissioners are hereby authorized and re- Appointquired to appoint some suitable and discreet person to serve as keeper and keeper of the penitentiary, and such assistant keepers as they may deputy keepdeem necessary, whose duty it shall be to receive from the sheriff's duties. of the several counties, all persons who now are under sentence, or may hereafter be sentenced to the penitentiary, and keep them safely, according to law, and the said sheriffs are hereby authorized and required to deliver such convicts safely to the said keeper at Portland, in the county of Washington, and take his receipt therefor, which shall fully acquit and discharge said sheriffs from all responsibility for the custody and safe keeping of such convicts; and it shall be lawful and is hereby made the duty of said commissioners to employ all convicts in the penitentiary, so far as they may deem it practicable, in the construction of the penitentiary. The said convicts, so far as respects their employment in the construction of the penitentiary, shall be under the control of said commissioners; and the said keeper shall receive the sum of six hundred dollars Allowance per annum, to be paid semi-annually out of the territorial treasury, on the order of the auditor of the territory; and the said keeper of the penitentiary shall further receive the sum of five dollars per week, for the boarding and keeping of each convict, to be paid out of the territorial treasury, as before provided. The daily suste- Food of prinance of convicts shall consist of healthy, coarse food, with such proportion of meat and vegetables as the commissioners shall deem best for the health of the convicts and interest of the territory; no tea, sugar, coffee, tobacco, snuff, spirituous liquors, or any article of indulgence shall be allowed any convict, except by order of the commissioners, and the said keeper of the penitentiary, after receiving any order from the commissioners in regard to the labor or management of the convicts under his charge, shall be bound to execute such order in all cases, as near as the circumstances of the case will permit; and the said keeper shall secure each and every convict, by the means of chains, rings and balls, or any combinations thereof, as he may deem proper for the safe keeping of such convicts.

soners.

of

commission

ers.

SEC. 11. Each member of the board of commissioners for the Salary construction of a penitentiary, shall receive five dollars per day for each day he shall serve as such, and in the payment of his account for services, he shall verify the same by affidavit as to the number of days employed. The presiding commissioner elected as herein

CHAPTER 1. prescribed, shall receive in addition, one hundred dollars per annum, payable quarterly, which compensation shall be paid out of the fund appropriated for the erection of a penitentiary.

SEC. 12. The board of commissioners shall make a full report in writing of their proceedings to each session of the legislative assembly, on or before the third Monday of each session.

SEC. 13. All laws and parts of laws coming within the purview of this act be and they are hereby repealed.

SEC. 14. This act to be in force from and after its passage.

Passed January 30th, 1854.