UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY /r. C/ J^Jcfs?z4?/(xv-e4sfe. w jp THE LAW OF PRISON'S IN ENGLAND AND WALES, BEING THE PRISON ACT, 1865 (28 & 29 Vict. c. 12G), AND THE PRISON ACT, 1877 (40 & 41 Vict. c. 21), WITH AN ANALYSIS OF THE ACTS J NOTES ; A SELECTION OF OTHER ACTS, AND PORTIONS OF ACTS STILL IN FORCE RELATING TO PRISONS; AND A FULL INDEX. BY ROBERT WILKINSON, ESQ., M.A., \\\ Of Jesus College, Cambridge; and of Lincoln's Inn, Barrister-at-Lau: EDITOR OF THE "REFORMATORY AND THE INDUSTRIAL SCHOOLS ACTS, 1866;" "THE REPRESENTATION OF THE PEOPLE ACT, 1S67," ETC. KNIGHT & CO., 90 FLEET STREET. 1878. Hazell, Watson, and Viney, Printers, London and Aylesbury. RIGHT HONOURABLE RICHARD ASSHETON CROSS, M.P., HER MAJESTY'S PRINCIPAL SECRETARY OP STATE FOR THE HOME DEPARTMENT, BY WHOM THE BILL WHICH NOW FORMS THE PRISON ACT, 1877, WAS INTRODUCED INTO PARLIAMENT, AND TO WHOSE EXERTIONS THE EXISTENCE OF THAT ACT IS MAINLY TO BE ATTRIBUTED, THIS WORK IS (BY HIS PERMISSION) RESPECTFULLY DEDICATED. 791 W) PKEFACE The Bill which formed the foundation of The Prison Act, 1877, was first introduced into the House of Commons in the month of June, 1876 ; but, although, it became the subject of several long and able debates, and passed a second reading by the large majority of 199 votes, its withdrawal was subsequently rendered necessary by the pressure of other business, and by the lateness of the period at which the Session of Parlia- ment had then arrived. At the commencement of the Session of 1877, the Bill was again introduced, and after being subjected to an amount of criticism and discussion, both in and out of the Legislature,' such as few measures have of late years encountered, it ultimately passed through both Houses of Parliament, and received the Royal assent on the 12th of July in that year. The object of the Act, as indicated in Her Majesty's speech, and as afterwards explained by Mr. Secretary Cross on introducing the Bill, is twofold — viz., to pro- Vi PREFACE. mote economy and efficiency in the management of prisons, and to effect a relief of local burdens. The Prison Act, 1865, although it wrought a con- siderable improvement not only in the discipline, but also in the entire general management of our prisons, and although it was found in many respects to work very well, failed to secure that uniformity of discipline and management which is essential to the efficiency of a system of prison administration. By making provision for such a construction of prisons as would accomplish the effectual separation of prisoners ; by better and more clearly defining hard labour, and laying down rules for its enforcement; and by establishing a comprehensive code of regulations relating to the details of prison management generally, the Act effected a great and an important step in advance of the state of things previously existing. It introduced, in fact, a system where no system had existed before. But the Act, at the same time, created a number of separate local juris- dictions, and entrusted the immediate supervision of the management of the prisons in them to distinct and independent bodies, under the title of " Visiting- Justices," who were directly responsible, not to one cen- tral authority, but to a number of dispersed authorities, in the form of the "Justices in Sessions assembled" in their respective prison jurisdictions. Between the bodies thus existing in the various juris- dictions there was, generally speaking, no bond of union ; and the magistrates acting in one locality had usually PREFACE. Vll no means of knowing what was being done by the . magistrates acting in another. It is hardly surprising, therefore, that it should have been found impossible for the different bodies to arrive at the adoption of any uniform mode of carrying out the various details of the system which the Act of 1865 inaugurated, or that, in the attempt to work out that system, differences should have arisen of such a nature as entirely to defeat the attainment of the uniformity which the Act was intended to establish. Thus there were great differences with regard to hard labour, both as to the daily number of hours of employment, and as to the character of the work the prisoners were required to perforin. The term " hard labour " meant, consequently, very different things in different places. There were also great differences as to diet, discipline, instruction, super- vision, and other matters. Sentences, therefore, nomi- nally alike, involved in reality different punishments ; although it could not be doubted that the punishment of offences ought not, as well in the interests of justice as in other respects, to be dependent upon or to vary with the opinions or the theories entertained by par- ticular persons or prevailing in particular localities, but that it should be the same and be administered with equality and certainty in every part of the country. A want of uniformity and certainty, and consequently of efficiency, were not, however, the only objections to which the state of things existing under the Act of 1865 was open. Vlll PREFACE. The number of prisons had become excessive, and their distribution was unequal and inconvenient, whilst the cost of maintaining them was not only very heavy, but also, to a large extent, unnecessary. With all these matters, and with others of a like kind, The Prison Act, 1877, is intended to afford the means of effectually dealing, in order to accomplish both a saving of expense and an increase of efficiency. The two principal features of the Act are, the transfer of the entire management of the prisons from the various local jurisdictions to the State, and the removal of the cost incidental to their maintenance from the local rates to the Imperial Exchequer. The Government, instead of supplementing the local rates by a grant from the Treasury, for the purposes of prisons, will in future take the whole expense of the prisons upon itself, and hold in its own hands their entire control. Power will thus be given to redistribute the prisons ; to provide for their existing or being built only where they are needed, and for their being adapted to the requirements of the popu- lations in which they may respectively be situated ; as well as to provide for numerous other details, so as to secure a system of discipline and management being practically and equally carried out in all the prisons in the country. The Act will further afford the means of closing unnecessary prisons, and consequently of effecting, in that respect alone, a considerable saving of expense. It PEEFACE. IX trill, moreover, give power for more satisfactorily deal- ing with the important question of prison labour, by enabling the labour of prisoners to be more usefully and profitably employed than hitherto, — the Act of 1865 having been defective in giving far too great a promi- nence to penal as opposed to industrial labour. Not a little fear was at one time entertained that the new Act would to a large extent, if not wholly, supersede the authority of the magistrates in relation to prisons. A glance at the provisions of the Act itself, and at the Rules which have been framed under it by the Secretary of State — as well those relating to certain classes of prisoners, and to the general government of prisons, as those specially relating to the duties of Visiting Committees — will, however, suffice to show that the authority referred to is very far from having been taken away. The Rules, moreover, made under The Prison Act, 1865, will also, except in some few in- stances in which new Rules have taken their place, remain in force. The old title of "Visiting Justices" will, it is true, disappear, but under the new title of the " Visiting Committee of Prisons " the magistrates will still have a great deal of important work to do. Their duties, if not identical with those which they hereto- fore discharged (and discharged, it should be observed, in a manner such as to confer benefit on others and to reflect credit on themselves, for they were in no way responsible for the inherent defects of the Act of 1865), will not differ very widely from them, X PREFACE. whilst they will certainly be neither lighter nor less dignified. In all matters of urgent necessity, or requiring to be done by authorities on the spot, the magistrates, under the title of the " Visiting Committee," will still, as heretofore, have to act. They will also, as heretofore, have to see that all the Rules laid down by the Secretary of State are duly carried out by the officers. They will likewise have, from time to time, to make reports, and upon them the Secretary of State must still depend, in no slight degree, for the proper working of the system of prison administration throughout the country. The principal difference in their position may, indeed, be said to consist in the fact that they will in future pos- sess the supervision of the prisons under the Secretary of State, instead of being subject to the authority of the " Justices in Sessions assembled." I have endeavoured, in the preparation of the work, to render it practically useful, both to members of the legal profession, and to those persons who may be either employed in, or in any way connected with, the management of prisons. In the analysis of the two principal Acts, the order of arrangement of the Acts themselves has not been adhered to. But, with the object of rendering the state of the law as clear as possible at one view, their various provisions have been brought together under separate heads, so as to be read as one Act. The Prison Acts, 1865 and 1877, will not, how- PREFACE. XI ever, be the only Acts still in force relating to prisons. In order, therefore, to make the work as complete as the nature of its subject and the want which it is designed to meet seemed alike to require, a selection. of such other Acts, and portions of other Acts, as appeared to possess the greatest practical utility, has been included in an Appendix. The Rules made under The Preven- tion of Crimes Act, 1871, and The Prevention of Crimes Amendment Act, 1876, with respect to the registration and photographing of Habitual Criminals, as well as the Rules settled and approved by the Secretary of State under The Prison Act, 1877, and which relate to the appointment and duties of Visiting Committees ; to prisoners awaiting trial ; to misdemeanants of the first division ; to debtors ; to the general government of prisons ; and to other matters, have also been included. A copious Index to the entire work, which will, it is hoped, be found to render the requisite assistance to all who may consult its pages, has likewise been added. ROBERT WILKINSON. ISth March, 1878. TABLE OF CONTENTS. PAGE An Analysis op the Prison Acts, 1865, 1877 . . 1 The Prison Act, 1865 (28 & 29 Vict. c. 126) . . .CO (An Act to Consolidate and Amend the Laws relating to Prisons.) The Prison Act, 1877. (40 & 41 Vict. c. 41) . . . 149 (An Act to Amend the Law relating to Prisons in England.') The 5 Geo. IV. c. 12 199 (An Act to facilitate, in those Counties which are divided into Ridings or Divisions, the Execution of an Act of the last Session of Parliament, for Consolidating and Amending the Laws relating to the Building, Repairing, and Regu- lating if certain Gaols and Houses of Correction in England and Wales.) The 5 & G Will. IV. c. 38 . . . . . .201 (An Act for effecting greater Uniformity if Practice in tlie Government of the several Prisons in England and Wales ; and for appointing Inspectors of Prisons in Great Britain.) The 5 & 6 Will. IV. c. 76 . . . . . . 206 (An Actio provide for the Regulation of Municipal Cor- porations in England and Wales.) XIV TABLE OF CONTENTS. PACK The 7 Will. IV. & 1 Vict. c. 78. . . . . 208 (An Act to Amend an Act for the Regulation of Municipal Corporations in England and Wales.) The 5 & 6 Vict. c. 98. . . . . . .210 (An Act to Amend the Laws concerning Prisons.) The 17 & 18 Vict. c. 115. . . . . . .210 (An Act to Amend the Lam relative to the Removal of Prisoners in Custody.) The 21 & 22 Vict. c. 92. . . . . . .218 (An Act to provide for tlie Conveyance of County Property to the Clerk of the Peace of t fie County.) The 25 & 26 Vict. c. 44 220 (An Act to Amend the Law relating to the giving of Aid to Discharged Prisoners. ) The 26 & 27 Vict. c. 79. . . . . . . 222 (An Act for the Amendment of the Law relating to the Religious Instruction of Prisoners in County and Borough Prisons in England and Scotland.) The 29 & 30 Vict. c. 100. . . . . .223 (An Act for the Amendment of the Laws relating to Prisons.) The 31 Vict. c. 21. . . . . . . 225 (An Act to provide Compensation to Officers of certain dis- continued Prisons.) The 31 Vict. c. 24. ...... 226 (An Act to provide for carrying out of Capital Punishment within Prisons.) The 32 & 33 Vict. c. 71. . . . . . . 230 (An Act to Consolidate and Amend the Lam of Bankruptcy.) The 34 & 35 Vict. c. 112. . . . . .230 (An Act for the more effectual Prevention of Crime.) TABLE OF COKTENTS. XV PAGE The 39 & 40 Vict. c. 23. . . . . . . 233 ( An Act to Amend the Prevention of Crimen Act, 1871.) The 40 Vict. c. 7. . . . . . . . 236 (An Act for punishing Mutiny and Desertion, and for the tetter payment of the Army and their quarters.) The 40 Vict. c. 8. . . . . . . .242 (An Act for the Regulation of Her Majesty's Royal Marine Forces while on shore.) The Prison Rules, 1878 . . . . . .250 Index .294 ARRANGEMENT OF THE ANALYSIS. Preliminary Sections Definition of Terms . Maintenance of Prisons Contracts and Debts of Prison Authorities Administration of Prisons . Visiting Justices, Visiting Committee of Justices, and Visits to Prisons by any Justice Appointment, Status, etc., of Prison Officers Jurisdiction over Prisons, and Commitment and Classification of Prisoners Custody of Prisoners Discipline of Prisoners Offences in relation to Prisons Removal of Prisoners from one Prison or to another Discharge of Prisoners Death of Prisoners in Prison Regulations and Rules as to Government of Prisons Actions. Arbitration, and Arrangement Discontinuance of certain Prisons . Repeal of Statutes and parts of Statutes place of Confinement PAGE 1 2 7 11 14 20 23 29 31 34 40 42 43 44 45 46 48 52 AN ANALYSIS THE PRISON ACT, 1865, Entitled "An Act to consolidate and amend the Law relating to Prisons" (28 & 29 Vict. c. 12G). [6th of Jul}-, 1865.] THE PRISON ACT, 1877, Entitled "An Act to amend tin- Lav relating to Prisons in England" (40 & 41 Vict. c. 21.) [12th of July, 1877.] Preliminary Sections. Short Title of the Acts. — The Acts may respectively be cited for all purposes as " The Prison Act, 1865/' and " The Prison Act, 1877 " (P. A., 1865, s. 1, and P. A., 1877, s. 1). Commencement of the Acts. — The Prison Act, 1865, came into operation on the 1st of February, 1866 ; and The Prison Act, 1877, is, except in certain cases pro- vided for by the Act, and except as to the making of rules by the Secretary of State, which rules may be made at any time after the passing of the Act, to come into operation on the 1st of April, 1878 (P. A., 1865, s. 2, and P. A., 1877, s. 2). Application of the Acts. — The Acts are not to extend to Scotland or Ireland, nor are they to apply to the 1 2 ANALYSIS. prisons for convicts under the superintendence of the Directors of Convict Prisons, or to any military or naval prison, but they are to apply to all prisons be- longing to any prison authority as defined by The Prison Act, 1865 (P. A., 18G5, s. 3, and P. A., 1877, s. 3). Definition of Terms. The following expressions are to have the mean- ings hereinafter attached to them, unless there is something in the tenor of the Acts inconsistent with such meanings. Municipal Borough and Borough. — " Municipal borough " is to mean any place for the time being- subject to the Municipal Corporation Act, 5 & 6 W. IV. c. 76, and any Acts amending the same, and " borough " is to include a municipal borough ; and in The Prison Act, 1877, the term "borough " is also to mean any place which is for the time being subject to The Municipal Corporation Act, and to be inclusive of any county of a city or county of a town (P. A., 1865, s. 4, and P. A., 1877, s. 59). Prison. — "Prison" is to mean a gaol, house of correc- tion, bridewell, or penitentiary ; and is also to include the airing- o-rounds or other grounds or buildings occu- pied by prison officers for the use of the prison, and con- tiguous thereto (P. A., 1865, s. 4) ; and in The Prison Act, 1877, the term, in addition to the meaning thus attached to it by The Prison Act, 1865, is to include any land or building bought or contracted to be bought before the commencement of the Act (1st of April, 1878) by a prison authority, for the purpose of enlarg- ing or altering any prison, or adding to the appurten- ances of any prison ; subject to a proviso with regard to the manner in which the Secretary of State is to deal with any portion of the lands so bought or con- tracted to be bought, which was not, in his opinion, at the time of the passing of the Act (12th of July, 1877), ANALYSIS. 3 necessary for the then subsisting purposes of the prison (P. A., 1877, s. GO). Gaoler. — " Gaoler " is to mean the governor, keeper, or other chief officer of a prison (P. A., 1865, s. 4). Clerk of the Peace. — " Clerk of the Peace " is to in- clude any officer performing similar duties to those of a clerk of the peace (P. A., 1805, s. 4). Treasurer. — " Treasurer " is to include any officer performing duties similar to those of treasurer (P. A., 1865, s. 4). Quarter Sessions. — "Quarter Sessions" are to include "general sessions" (P. A, 1865, s. 4). Criminal Prisoner amd Prisoner. — " Criminal Prisoner " is to mean any person charged with or con- victed of a crime (P. A., 1865, s. 4) ; and the term " Prisoner " is, for the purposes of The Prison Act, 1877, to mean any person committed to prison on remand or for trial, safe custody, punishment, or otherwise (P. A, 1877, s. 57). m Prison Authorities. — The Prison Act, 1865, declares that the following persons shall be " Prison Authori- ties ; " that is to say, (1) As respects any prison belonging to any county, except as below mentioned, or to any riding, division, hundred, or liberty of a county, having a separate court of quarter sessions, the justices in quarter sessions assembled : (2) As respects any prison belonging to a county divided into ridings or divisions, and main- tained at the common expense of such rid- ings or divisions, the justices of the county assembled at a court of gaol sessions held in the manner provided by the Act 5 Geo. IV. c. 12: (3) As respects any prison belonging to the city of London, or the liberties thereof, the court of the Lord Mayor and Aldermen : 4 ANALYSIS. (4) As respects any prison belonging to a muni- cipal borough, the council of the borough : (5) As respects any prison belonging to any dis- trict, liberty, borough, or town, having a separate prison jurisdiction, and not before mentioned, the justices, council, or other persons having power at law to build, en- large, or repair such prison, assembled at any gaol sessions or other formal meeting of their body (P. A., 1865, s. 5). And The Prison Act, 1877, declares that the term shall have the same meaning also in that Act (P. A., 1877, s. 61). _ Justices in Sessions assembled. — The expression " Justices in Sessions assembled " is to mean, with reference to the prisons respectively mentioned in the five classes of prison authorities enumerated in the preceding definition : (1) The justices in quarter sessions assembled; (2) The justices of the county assembled at gaol sessions ; (3) The court of the Lord Mayor and Aldermen ; (4) The justices of the borough assembled at sessions, to be held by them at the usual time of holding quarterly sessions of the peace, or at such other time as they may appoint; (5) The justices or other persons having power at law to make rules for the government of such prison (P. A., 1865, s. 6, and P. A, 1877, s. 61). Separate Prison Jurisdiction. — Every count}*, riding, division, hundred, liberty, franchise, borough, town, or other place, is to be deemed to have a sepa- rate prison jurisdiction which maintains a separate prison, or which would be liable to maintain a sepa- rate prison if accommodation were not provided for its prisoners in the prison of some other jurisdiction. And where a county is divided into ridings or divi- ANALYSIS. O sions, and a prison is maintained at the common expense of such ridings or divisions, the county is, in relation to such prison, and for the purposes there- of, to be deemed to have a separate prison jurisdiction, notwithstanding a separate county rate is not levied in the county at large (P. A., 1865, s. 9). Visiting Justices. — The Prison Act, 1877, enacts that the term " Visiting Justices " shall have the same meaning in that Act as it has in The Prison Act, 1865. The last-mentioned Act does not contain any distinct definition of the term ; but provision is made by it for the appointment of certain justices of the peace as "Visiting Justices " (P. A., 1877, s. 61, and P. A., 1865, s. 53). The provision referred to is, however, repealed (P. A., 1877, s. 13) from the commencement of The Prison Act, 1877. Meaning of the term " Gaol Act." — In the construc- tion of the 25 & 26 Vict. c. 44 {An Act to amend the Law relating to the giving of- Aid to Discharged Prisoners) the expression "Gaol Act" is to mean "The Prison Act," 18C5, instead of the Act therein re- ferred to (P. A., 1865, s. 77). Furniture and Effects belonging to a Prison. — The expression "Furniture and effects belonging to a prison" is to include all furniture, beds, bedding, clothes, linen, implements, machinery, and stores, except goods manufactured for sale, and materials in store for the purposes of such manufacture ; also all books, papers, registers, and documents whatsoever relating to such prison or to the prisoners therein ; also all articles whatsoever, whether or not of the same kind as those previously described, belonging at the commencement of The Prison Act, 1877, (1st of April, 1878,) to the prison authority of any prison for the purposes of the prison (P. A., 1877, s. 56). Maintenance of a Prisoner. — "Maintenance of a prisoner" is to include all such necessary expenses 6 ANALYSIS. incurred in respect of a prisoner for food, clothing, custody, safe conduct, and removal from one place of confinement to another, or otherwise, from the period of his committal to prison until his death or discharge from prison, as would, if The Prison Act, 1877, had not been passed, have been payable by a prison autho- rity ; with this proviso, that nothing in that Act is to exempt a prisoner from payment of any costs or expenses in respect of his conveyance to prison or otherwise, which he would have been liable to pay before the passing of the Act (P. A., 1877, s. 57). Sufficient Accommodation for Prisoners. — " Suffi- cient accommodation " for the prisoners belonging to a prison authority is, for the purposes of The Prison Act, 1877, as nearly as can be ascertained, to be deemed to be the average daily number of prisoners main- tained at the expense of such authority, whether in its own prison or in a prison belonging to some other prison authority, during the five years immediately preceding the 1st of January, 1877 (P. A., 1877, s. 57). Cell Accommodation for a Prisoner. — " Cell accom- modation for a prisoner" is to mean a cell for the separate confinement of a prisoner certified in pursuance of The Prison Act, 1865 (P. A., 1877, s. 57). County. — "County" is to mean, in The Prison Act, 1877, unless there is something inconsistent in the con- text, a county at large, inclusive of a riding, division, or parts of a county having a separate court of quarter sessions (P. A., 1877, s. 58). Biding. — "Riding" is similarly to mean any riding, division, or parts of a county having a separate court of quarter sessions (P. A., 1877, s. 58). The City of London is to be deemed to be a county, and any prison belonging to the City is to be deemed to be situate within the limits of the City (P. A., 1877, s. 58). Except as thus provided, all counties of cities, counties ANALYSIS. of towns, liberties and franchises of counties, are to be considered as forming part of the county by which they are surrounded, or, if surrounded by two or more counties, then as forming part of that county with which they have the longest common boundary (P. A., 1877, s. 58). Expressions defined in The Prison Act, 1865. — In addition to the special provision made, as already noticed, by The Prison Act, 1877, with regard to the meaning of the expressions " Prison Authorities," " Justices in Sessions assembled," and " Visiting Jus- tices," the Act declares that all expressions defined in The Prison Act, 1865, shall have the same meaning also in that Act (P. A, 1877, s. 61). Maintenance of Prisons. Maintenance of Prisons by Separate Prison Juris- diction. — By The Prison Act, 1865, it was required that there should be provided, at the expense of every county, riding, division, hundred, liberty, fran- chise, borough, town, or other place, having a separate prison jurisdiction, adequate accommodation for its prisoners in a prison or prisons constructed and regu- lated in such manner as to comply with the requisi- tions of that Act in respect of prisons ; and that all expenses incurred by a prison authority in carrying into effect the provisions of that Act should be defrayed out of the county rate, or rate in the nature of a county rate, borough rate, or other rate leviable in the county, riding, division, hundred, liberty, fran- chise, borough, town, or other place, having a separate prison jurisdiction, and applicable to the maintenance of a prison, or out of any property applicable to that purpose (P. A., 1865, s. 8). Ample provision was also made by the Act for empowering prison authorities to build new prisons or to alter, enlarge, or rebuild exist- ing prisons, and for enabling them to obtain the money 8 ANALYSIS. requisite for any such purpose (P. A., 1865, ss. 28-30, and ss. 44, 45). A penalty was likewise imposed by the Act for the existence of inadequate prisons, and power was given, in very stringent terms, to the Secretary of State to close such prisons (P. A., 1865, ss. 35, 36). Provision was moreover made for enabling one prison authority to contract with any other prison authority, having a prison in conformity with the requisitions of the Act, that the latter authority should receive into and maintain in its prison, or in one of its prisons, all prisoners maintainable at the expense of the former authority, or any particular class or classes of such prisoners (P. A., 1865, ss. 31, 32). Maintenance of Prisons, &c, out of Public Funds, and Termination of Local Obligation to Maintain Prisons, &c. — But The Prison Act, 1877, enacts that on and after its commencement (1st of April, 1878) all expenses incurred in respect of the maintenance of prisons to which the Act applies, and of the prisoners therein, shall be defrayed out of moneys provided by Parliament ; and that the obligation of any county, riding, division, hundred, liberty, franchise, borough, town, or other place, having a separate prison jurisdic- tion, to maintain a prison, or to provide prison accom- modation for its prisoners, shall cease (P. A., 1877, ss. 4, 16). As the several provisions of The Prison Act, 1865, just referred to, will consequently become superseded on the commencement of The Prison Act, 1877, it is unnecessary to mention them further in this analysis. Compensation to be made in the Place of Prison Accommodation. — Where at the time of the passing (12th of July, 1877) of The Prison Act, 1877, any prison authority had not a prison of its own, or had not a prison or prisons of its own, adequate to the accom- modation of its prisoners, the authority is to pay (P. A., 1877, s. 17) into the Exchequer one hundred ANALYSIS. and twenty pounds, in respect of each prisoner belong- ing to it for whom cell accommodation (which expres- sion means — P. A., 1877, s. 57 — a cell for the separate confinement of such prisoner certified in pursuance of The Prison Act, 1865) had not, at the time named, been provided by the authority in a prison of its own. Any sum of money so payable by a prison authority is to be deemed to be a debt due from the authority to the Crown, and is to be recoverable accordingly. Where one prison authority has contributed a sum of money towards the construction by some other prison authority of cell accommodation for the use of the prisoners of the contributing authority, and such cell accommodation has been constructed accordingly, the contribution so made is to be taken into consideration in assessing the sum payable into the Exchequer by the contributing authority, and a proportionate deduction is to be made from that sum for it. For the purpose of paying any such contribution, a prison authority is empowered to borrow, and the Public Works Loan Commissioners are empowered to lend, any sum of money that may be required (P. A., 1877, ss. 17, 46, 47). Compensation to be made to Prison Authority in respect of Accommodation provided for Prisoners of some other Authority. — Where before the 1st of January, 1877, any prison authority (and any public depart- ment of State which has made contracts with respect to prisoners, is, for this purpose, to be included under that term), having more than sufficient cell accom- modation for the number of its own prisoners, which authority is termed the receiving authority, has con- tracted with another prison authority, termed the sending authority, that the receiving authority is to receive into its prisons any prisoners belonging to the sending authority, and the receiving authority has, in performance of the contract, provided cell accommoda- 10 ANALYSIS. tion for the prisoners of the sending authority, the amount of any loss which the receiving authority may have sustained in relation to such contract by reason of the passing of The Prison Act, 1877, is to be paid to that authority out of moneys provided by Parliament, but so that the expense of providing cell accommoda- tion for any one prisoner shall not in any case be held to have exceeded the sum of one hundred and twenty pounds. If it appears, however, that any such contract is intended to be renewed at the expiration of its sub- sisting term, the intention of renewal is also to be taken into consideration in estimating the loss sustained by the receiving authority. Where a prison authority has provided a prison or prisons of its own more than adequate for the accommodation of its prisoners, it is to be entitled to receive, out of moneys to be provided by Parliament, compensation to the extent of one hundred and twenty pounds in respect of each cell provided in such prison or prisons over and above the number of cells required for the average maximum number of prisoners maintained at the expense of the authority in its own prison or prisons during the five years immediately preceding the 1st of January, 1877. But, in case the Prison Commissioners shall report to the Secretary of State that the prison accommodation is in excess of the probable requirements (a term which means the probable future requirements of a prison authority calculated as from the passing of the Act) of such prison authority for its own prisoners, or that the buildings are dilapidated or unsuitable, the Secre- tary of State is empowered to decline to recommend to the Treasury to make such compensation, either in the whole or in part, as the circumstances of the case may demand. No compensation is, however, to be payable under the provision last mentioned, in respect of any prison discontinued within two years after the commencement of The Prison Act, 1877 (1st of April, ANALYSIS. 11 1878) ; and a prison authority is not to be entitled to receive, under either of the foregoing provisions, more than one hundred and twenty pounds in the whole in respect of the same cell. The average maximum number of prisoners of a prison authority maintained in any prison in the period of five years, is to be calcu- lated by finding the greatest number of such prisoners confined therein on the day on which the prison con- tained most of such prisoners in each of the said five years, and dividing the aggregate so found by five, excluding fractions (P. A., 1877, s. 18). Allowance to be made to Prison Authority in respect of Uncompleted Prison. — Where at the time of the passing of The Prison Act, 1877 (12th of July, 1877) a prison authority has contracted to construct a building to be used as a prison, but such building shall not at the commencement of the Act (1st of April, 1878) have been completed or become a prison within the meaning of the Act, the Secretary of State may, if he thinks fit to do so, allow the prison authority time to complete the building as a prison, and when so completed it is to pass over to and vest in the Secretary of State as a prison completed at the com- mencement of the Act ; but, if the Secretary of State should not think fit so to allow time, he is, neverthe- less, in assessing the amount of compensation pay- able in respect of cell accommodation, to make, with the consent of the Treasury, such deduction from the compensation, as, having regard to all the circum- stances of the case, may be agreed upon, or as may, in the event of disagreement between him and the prison authority, be determined by arbitration (P. A., 1877, s. 19). Contracts and Debts of Prison Authorities. How Contracts, &c, by Prison Authorities are to be made. — The provisions of the Act 21 & 22 12 ANALYSIS. Vict. c. 92 (An Act to provide for the Conveyance of County Property to the Clerk of the Peace of the County) are to apply to all contracts, mortgages, or conveyances entered into or executed by or on behalf of or with the justices of any county, riding, division, hundred, or liberty of a county in general or quarter sessions assem- bled, in pursuance of The Prison Act, 1865 ; and, in con- struing the Act first mentioned, the expression "Justices in Quarter Sessions assembled" is to include the justices of the county in gaol sessions assembled in pursuance of the Act 5 Geo. IV. c. 12, and the bailiff and justices of the liberty of Romney Marsh assembled at any ses- sions or meeting ; and all contracts, etc., entered into or executed in pursuance of The Prison Act, 1865, by or on behalf of or with any other prison authority, are to be entered into and executed in the manner in which such instruments or deeds are usually entered into by the authority (P. A., 1865, s. 7). General Saving of Rights of Creditors. — Any right or claim of any creditor of a prison authority under any contract legally made or in respect of any dealing legally had before the commencement of The Prison Act, 1877, is not to be affected by any of the pro- visions of that Act (except contracts and obligations between prison authorities themselves), but between any creditor and the prison authority of which he is a creditor any such contract may be enforced in the same manner in all respects as if that Act had not passed (P. A., 1877, s. 20). Determination of Contracts between Prison Autho- rities. — But any contract made or obligation under- taken by any prison authority with any other prison authority for or in relation to the maintenance of any prison or prisoners, or any matter relating to such maintenance, is to be deemed to be determined on and after the commencement of The Prison Act, 1877, without prejudice nevertheless to any monej's which ANALYSIS. 13 may have accrued due under or in respect of the contract or obligation at or before that time (P. A., 1877, s. 21). Existing Debts to be defrayed by Prison Authori- ties. — A prison authority is, however, to defray in the same manner as if The Prison Act, 1877, had not passed : (1) All debts due and sums of money payable in respect of contracts performed, dealings com- pleted, or any matter or thing done before the commencement of the Act ; and (2) All mortgage debts (together with interest from time to time accruing thereon) contracted in respect of any prison. A mortgage debt in the foregoing provision is to include any moneys which at the commencement ot The Prison Act, 1877, have been borrowed or con- tracted to be borrowed by a prison authority on the security of any prison, or on the security of any rate applicable to the payment of the expenses of a prison, and also any debt or liability contracted before the period just mentioned, for the payment of which debt or liability money is authorised to be borrowed in pursuance of the 23rd section of The Prison Act, 1865 (P. A., 1877, s. 22). Provision as to continuing Contracts. — Where any contract or dealing, in which a prison authority is concerned, is a continuous contract or dealing, to be performed partly before and partly after the com- mencement of The Prison Act, 1877, and is neither a contract nor dealing which is declared by that Act to have determined, nor a mortgage debt, as already de- fined, such contract or debt is to be deemed to be divisible, and as to so much of it as is performable before the commencement of the Act, it is to create a debt or obligation to be discharged or performed by the prison authority concerned in it, and as to so much of it as is 14 ANALYSIS. performable after the commencement of the Act, it is to create a debt or obligation to be discharged or per- formed out of moneys provided by Parliament (P. A., 1877, s. 23). Administration of Prisons. Hitherto the numerous duties connected with the pro- vision, maintenance, and administration of prisons in counties,boroughs, and other places,have devolved upon the different prison authorities, the justices in sessions assembled, and the visiting justices, subject to the exer- cise, for their guidance and control, of various powers on the part of the Secretary of State, and to the inspec- tion of the prisons by Inspectors appointed by him. Prisons to Vest in Secretary of State. — The Prison Act, 1877, enacts, however, that subject as therein mentioned, the prisons to which the Act applies, and the furniture and effects belonging to them ; and the appointment of all officers, and the control and safe custody of the prisoners in those prisons; and also all powers and jurisdictions at common law, or by Act of Parliament, or by charter vested in or exerciseable by prison authorities, or the justices in sessions assembled, in relation to prisons or prisoners within their jurisdic- tion, shall, on and after the commencement of that Act (1st' of April, 1878), be transferred to, vested in, and exercised by the Secretary of State (P. A., 1877, s. 5). Saving as to Reformatory and Industrial School*. —But nothing contained in the Act is to affect the powers or jurisdiction of a prison authority in rela- tion to any reformatory school or to any industrial school under The Reformatory Schools Acts, 18G6, and The Industrial Schools Act, 1866, or either of those Acts, or any Act amending them, or either of them (P. A., 1877, s. 52). Appropriation of Court Houses situate within the Precivcts of a Prison. — Town-halls, court-houses, or ANALYSIS. 15 other rooms situate within the curtilage of a prison, or forming part of a prison, as denned by The Prison Act, 1877, and which are used for holding assizes or petty sessions, or for purposes other than those con- nected with the management of a prison, are not to be transferred to or vested in the Secretary of State under the Act, but the Secretary of State is empowered, if he thinks it desirable, and with the consent of the Treasury, to purchase them from the local authority to whom they belong, and provision is made as to the manner in which the purchase is to be effected (P. A, 1877, s. 49). Legal Estate in Prison. — And. the Act further declares that the legal estate in every prison to which it applies, and in the site and land and the furniture and effects belonging to any such prison, shall, on and after its commencement, be deemed to be vested in the Prison Commissioners, and not in the Secretary of State, but that the disposal of the same by the Com- missioners shall be made in such mode as the Secretary of State, with the consent of the Treasury, may direct (P. A., 1877, s. 48). Protection of Prisons in the Nature of National Monuments. — Any buildings which being in the nature of national monuments may, as to certain portions of them, be used as prisons, are, as to the portions so used and during the time they are used by the Secretary of State, to be maintained in such a manner as to prevent their being defaced or injured in their cha- racter of national monuments (P. A., 1877, s. 50). ApjJointment of Prison Commissioners. — For the purpose of aiding the Secretary of State in cany- ing out the provisions of The Prison Act, 1877, Her Majesty is empowered to appoint, on the recommenda- tion of the Secretary of State, at any time after the passing of the Act, by Avarrant under her sign manual, any number of persons to be commissioners during 1G ANALYSIS. Her Majesty's pleasure, so that the whole number of Commissioners appointed do not at any one time exceed five, and on any vacancy arising in the office of any Commissioner by death, resignation, or other- wise, in like manner to appoint some other fit person to fill the vacancy. The Commissioners are to be a body corporate, having a common seal; are to have power to hold land without licence in mortmain, .so far as may be necessary for the purposes of the Act ; and are to be styled " The Prison Commissioners." The Secretary of State may from time to time appoint one of the Commissioners to be chairman ; and any act required or authorised to be done by the Prison Com- missioners may be done by any one or more of them, as the Secretary of State may by general or special rule direct (P. A., 1877, s. G). Appointment of Inspectors, Officers, and Servants. — The Prison Commissioners are to be assisted in the performance of their duties by such number of in- spectors, store-keepers, accountants, and other officers and servants as may, with the sanction of the Treasmy as to number, be determined by the Secretary of State. The Inspectors are to be appointed by the Secretary . of State, the other officers and servants of the Prison Commissioners by the Commissioners themselves, sub- ject to the approval of the Secretary of State (P. A., 1877, s. 7). Transfer of Duties of existing Inspectors of Prisons. — On and after the commencement of The Prison Act, 1877, however, any duties required by Act of Parlia- ment or otherwise to be performed by an Inspector of Prisons appointed under the Act 5 k, 6 W. IV. c. 38, may, subject to any directions to be given by the Secretary of State, be performed by any Prison Com- missioner or Inspector appointed under that Act. And the Inspectors of Prisons holding office at that period, under the Act 5 &, 6 W. IV. c. 38, are to become ANALYSIS. 17 Inspectors under The Prison Act, 1877, in the same manner, and liable to the performance of the same duties, as if they had been appointed under it ; but subject to the following qualifications : (1) That every such Inspector is to hold his office by the same tenure, and upon like terms and conditions, as if The Prison Act, 1877, had not passed, and is to receive a salary of not less amount than that which he has hitherto received ; and (2) That any duties such Inspector may be required to perform under The Prison Act, 1877, shall be the same as or analogous to the duties which he performed previously (P. A., 1877, s. 45). Inspector of Prisons to Report by Letter to Visiting Justices. — The Prison Act, 18G5, required the In- spector, upon visiting or inspecting a prison under that Act, to call the attention of the visiting justices, by letter addressed to them, to any irregularity he may have observed therein, or any complaint he may have to make against the buildings, the officers, or the discipline of the prison; and the visiting justices were required to enter a copy of the letter in their minute book (P. A., 1865, s. 22). Under The Prison Act, 1877, the Prison Commissioners will, it would seem, as re- gards this report of the Inspector, take the place of the visiting justices (P. A., 1877, s. 9). Salaries of Commissioners, Inspectors, and other Officers. — Such salary may be paid, out of moneys provided by Parliament, to all or any one or more of the Prison Commissioners as the Secretary of State may, with the consent of the Treasury, determine ; and it is further directed that there shall be paid to the Inspectors and other officers and servants of the Prison Commissioners, such salaries as the Secretary of State may, in like manner, determine (P. A., 1877, s. 8). Duties of Prison Commissioners.— The general 2 IS ANALYSIS. superintendence of prisons under The Prison Act, 1877, is, subject to the control of the Secretary of State, to be vested in the Prison Commissioners. The Commissioners are, subject to the approval of the Secretary of State, to appoint all such officers of a prison as are by The Prison Act, 18G5, declared to be subordinate officers of a prison, such appointments to be for the general prison service. The Commissioners are also to make contracts, and to do all . other acts necessary for the maintenance of the prisons and prisoners within their jurisdiction. They are also, either themselves or by their officers, to visit and inspect the prisons within their jurisdiction, to exa- mine into the state of the buildings, so as to form a judgment as to the repairs, additions, or alterations which may appear necessary, regard being had to the requisitions of The Prison Act, 1865, as amended by The Prison Act, 1877, with respect to the separation of prisoners and enforcement of hard labour ; and they are further to examine into the conduct of the respective officers and the treatment and conduct of the prisoners, the means of setting them to work, the amount of their earnings, and the expenses attending the prison ; and to inquire into all abuses within the prison, and to regulate all matters required to be regulated by them. The Commissioners, or any one or more of them, may, in addition to any powers otherwise con- ferred on them by The Prison Act, 1877, exercise in relation to any prison under the Act, and the prisoners therein, all powers and jurisdiction by any Act of Parliament or at common law, or by charter, exercise- able by visiting justices, or a visiting justice, of a prison.. And any reports, acts, or things required to be made or done to or by or in relation to the visiting jus- tices, or a visiting justice of a prison, at common law, or by any Act of Parliament or by charter, are, except in so far as The Prison Act, 1877, otherwise provides, ANALYSIS. 19 to be made or done to or by or in relation to the Prison Commissioners, or any one or more of them, or to or by or in relation to such persons or person as the Secretary of State may from time to time appoint. With reference to all these matters the Prison Commissioners are to be subject to the control of the Secretary of State, and they are required, in the exercise of their powers and jurisdiction under The Prison Act, 1877, to conform to any directions, which may from time to time be given to them by the Secretary of State (P. A., 1877, s. 9). Reports by Prison Commissioners. — The Prison Commissioners are, at such time or times as the Secretary of State may direct, to make a report or reports to him of the condition of the prisons and prisoners within their jurisdiction, and an annual report to be made by them with respect to every prison within their jurisdiction is to be laid before both Houses of Parliament (P. A., 1877, s. 10). Report to contain Information as to Manufac- turing Processes in Prison. — The Prison Act, 1877, after reciting that it is expedient that the expense of maintaining in prison prisoners who have been con- victed of crime should in part be defrayed by their labour during the period of their imprisonment, and that, with a view to defraying such expenses, and also of teaching prisoners modes of gaining honest liveli- hoods, means should be taken in promoting in prison the exercise of and instruction in useful trades and manufactures, so far as may be consistent with a due regard on the one hand to the maintenance of the penal character of prison discipline, and on the other to the avoidance of undue pressure on or competition with any particular trade or industry, enacts that the annual Report of the Prison Commissioners shall state the various manufacturing processes carried on in each of the prisons within the jurisdiction of the Commis- sioners, and that such statement shall contain such 20 ANALYSIS. particulars as to the kind and quantities of, and as to the commercial value of the labour on the manufac- tures, as to the number of prisoners employed, and otherwise, as may, in the opinion of the Secretary of State, be best calculated to afford information to Parliament (P. A., 1877, s. 11). Return of Punishments and Offences of Prisoners to be 'made Yearly. — The Prison Commissioners are also to make a yearly return to Parliament of all punishments of any kind whatsoever which may have been inflicted within each prison, and of the offences for which such punishments were inflicted (P. A., 1877, s. 12). Visiting Justices, Visiting Committee of Justices, and Visits to Peisons by any Justice. Appointment of Visiting Justices. — By The Prison Act, 1865, the justices within every prison jurisdiction, in sessions assembled, were required to nominate two or more justices, with their consent, to be visitors of each prison within their jurisdiction ; and one or more of the justices so appointed was required from time to time to visit and inspect each prison, and to perform certain other duties in connexion with the prisons, and also to make a report, once, at least, in each quarter of a year, to the justices in sessions assembled (P. A., 1865, s. 53). Power to make Rides as to Visiting Justices. — The j ustices in sessions assembled were likewise empowered to make rules with respect to the duties of the visit- ing justices, and from time to time to repeal or alter any rules so made (P. A., 1865, s. 54). The Prison Act, 1877, however, enacts that on and after its com- mencement (1st of April, 1878) the sections of The Prison Act, 1865, relating to the appointment and duties of visiting justices, shall be repealed (P. A., 1877, s. 13). ANALYSIS. 21 Appointment of Visiting Committee of Prisons. — Instead of the visiting justices, a visiting committee is to be annually appointed for every prison under the Act, consisting of such number of persons, being justices of the peace, to be appointed at such time and by such court of quarter sessions or such bench or benches of magistrates as the Secretary of State, having regard to the locality of the prison, to the justices here- tofore having jurisdiction over the prison, and to the class of prisoners to be confined in the prison, may from time to time by any general or special rule prescribe. The appointment of the visiting com- mittee is to be made in the following manner, that is to say, the justices of any county, riding, or liberty of a county having a separate court of quarter sessions are to appoint members of a visiting committee when assembled at such general or quarter sessions as may be prescribed by the Secretary of State ; and the justices of a borough are to hold special sessions, at such time as may be prescribed by the Secretary of State, for the purpose of appointing any members of a visiting committee they may be required to appoint. It is, however, provided, with regard to the Worcester Prison, as constituted by The Worcester Prison Act, 1867, that, so long as that prison' is continued as a prison for the purposes of The Prison Act, 1877, the appoint- ment of such number of justices of the city of Worcester as the Secretary of State may in pursuance of the provision already noticed prescribe to be appointed to serve on the visiting committee of that prison shall be vested in the corporation, acting by the council of the city. Nothing in The Prison Act, 1877, or in any rules to be made under that Act, is to restrict any member of the visiting committee for any prison from visiting the prison at any time, and any such member is at all times to have free access to every part of the prison and to every prisoner therein (P. A., 1877, s. 13). 22 ANALYSIS. Duties of Visiting Committee. — The Secretary of State is, on or before the commencement of The Prison Act, 1877, to make and publish rules with respect to the duties of a visiting committee, and is em- powered hereafter to repeal, alter, or add to such rules. The visiting committee are required to conform to any rules so made and for the time being hi force, but, sub- ject as before mentioned, the members of such a com- mittee are from time to time and at frequent intervals to visit the prison for which they are appointed, and hear any complaints which may be made to them by the prisoners, and, if asked, they are to hear such com- plaints privately. They are also to report on any abuses within the prison, and on any repairs which may be urgently required in the prison, and they are further to take cognizance of any matters of pressing necessity and within the powers of their commission as justices, and to do such acts and perform such duties in relation to a prison as they may be required to do or perform by the Secretary of State (P. A., 1877, s. 14). Punishment of Prisoners (P. A., 1865, Pegs. 58, 50). — For all the purposes of the 58th and 59th regulations, contained in the first schedule of The Prison Act, 1865, relating to the punishment of prisoners, or either of such regulations, the visiting committee are to be deemed to be the visiting justices, and any member of a visiting committee may exercise any power, or do any act, or receive any report which any one justice may exercise, do, or receive, under those regulations or either of them. But an offender is not to be punished under the regulations in question, or either of them, by personal correction, except in pursuance of the order of two justices of the peace, after such inquiry upon oath and determination concerning the matter reported to them as is mentioned in the 58th regula- tion. The visiting committee are also to report to the Secretary of State any matters with respect to ANALYSIS. 23 which they may consider it expedient to report, and are to report to him, as soon as may be, and in such manner as he may direct, any matter respecting which they may be required by him to report (P. A., 1877, s. 14). Visits to Prison by any Justice. — The 55th section of The Prison Act, 1865, empowered any justice of the peace having jurisdiction in the place to which a prison belonged, to visit the prison for the purpose of examining the condition of the prison or of the prisoners in it, and made various provisions with re- gard to the power thus conferred. That section is, however, repealed by The Prison Act, 1877, which provides instead, that any justice of the peace, hav- ing jurisdiction either in the place in which a prison is situate, or in the place where the offence in respect of which any prisoner may be confined in prison was committed, may, when he thinks fit, enter into and examine the condition of the prison and of the prisoners therein, and may enter any observations he may think fit to make in reference to the condition of the prison, or abuses therein, in the visitors' book to be kept by the gaoler ; and it is to be the duty of the gaoler to draw the attention of the visiting committee, at their next visit to the prison, to any entries made in that book ; but the justice of the peace is not to be entitled, in pursuance of the provision in question, to visit any prisoner under sentence of death, or to com- municate with any prisoner, except with reference to the treatment in prison of the prisoner, or to some complaint that the prisoner may make as to such treatment (P. A., 1877, s. 15). Appointment, Status, etc., of Prison Officees. Appointment of Officers. — The following officers are to be appointed to every prison : A gaoler ; 24 ANALYSIS. A chaplain, being a clergyman of the Established Church ; A surgeon, duly registered as such under the Act 21 & 22 Vict. c. 90 (An Act to Regulate the Qualifications of Practitioners in Medicine and Surgery) ; Such subordinate officers as may be necessary; and, to every prison in which females are imprisoned, a matron and such subordinate female officers as may be necessary. In a prison where females only are imprisoned, the matron is to be deemed to be the gaoler, and is, so far as is practicable, to perform all the duties and to be subject to all the obligations of a gaoler in relation to such prison (P. A., 1865, s. 10). Tenure of Office and Salaries of Prison Officers. — Under The Prison Act, 18G5, the officers of prisons were to be appointed by, and were to hold office during the pleasure of, the justices in sessions assembled, and were to receive such salary as the justices might direct, subject to the proviso, that in the case of a municipal borough the amount of the salary of every officer appointed under the Act should be approved by the council. But nothing contained in that Act was to affect any right vested by Act of Parliament or charter in the council of any municipal borough of appointing a gaoler, chaplain, or other officer to the prison of the borough (P. A., 1865, ss. 10, 14, 81). The Prison Act, 1877, declares, however, that the general power of appointing all officers of prisons shall, on its com- mencement, vest in the Secretary of State ; although the Prison Commissioners are, subject to the approval of the Secretary of State, required to appoint all such officers of a prison as are by The Prison Act, 1865, declared to be subordinate officers of a prison, or in other words to appoint all officers of a prison except the gaoler, the chaplain, the surgeon, the matron, and ANALYSIS. 25 any minister appointed under The Prison Ministers' Act, 1863, such appointments to be for the general prison service (P. A., 1877, ss. 5, 9). But The Prison Act, 1877, does not make any reservation of any right vested in the council of a municipal borough of ap- pointing officers to the prison of the borough. Position and Duties of existing Officers of Prisons. — The officers attached to prisons at the time of the commencement of The Prison Act, 1877, and who are termed by the Act " the existing officers of a prison," are, nevertheless, to hold their offices by the same tenure, and upon like terms and conditions, as if the Act had not passed, and they are to receive salaries of not less amount than those which they have hitherto received. Such existing officers may, however, be distributed amongst the several prisons to which the Act applies, in such manner as may be directed by the Secretary of State, and they are to perform such duties as he may require them to perform, so that those duties are the same as or analogous to those which they performed previously to the commencement of the Act; and, subject as thus provided, they are to perform the same duties, as nearly as may be, as they shall be performing at that time. An existing officer of a prison, who, at the commencement of the Act, is in receipt of military or naval pay, or who has commuted his pension under The Pensions Commu- tation Act, 1871, or who is in receipt of any pension payable out of public moneys, is not to be subject to any deduction from his salary, or to be deprived of any portion of his half-pay, or of his pension, by reason of his salary being thenceforward paid out of public moneys, or of his employment becoming a public employment, or an employment of profit under Her Majesty, within the meaning of the Acts of Parlia- ment providing for such deduction of salary or depri- vation of half-pay, nor is such officer to be disqualified 26 ANALYSIS. from receiving such half-pay or pension by reason of his becoming, by virtue of The Prison Act, 1877, a civil servant of Her Majesty (P. A., 1877, s. 35). Appointment of Chaplain to Two Prisons. — The same person may officiate as chaplain of any two prisons situate within a convenient distance from each other, if they are together calculated to receive not more than one hundred prisoners ; but the chaplain of more than one prison, or the chaplain of any prison in which the average number of prisoners confined at any one time during the three years next before his appointment has not been less than one hundred, is not, whilst holding his chaplaincy, to hold any benefice with cure of souls or any curacy (P. A., 1865, s. 11). Assistant Chaplain and Deputy Gaoler. — The Prison Act, 1865, gives power to the justices in sessions as- sembled to appoint an assistant chaplain, being a clergyman of the Established Church, and a deputy gaoler, or either of such officers, to any prison which they may deem sufficiently large to require the appointment of such officers, or either of them (P. A, 1865, s. 12). This power will hereafter become vested in, and exer- ciseable by the Secretary of State (P. A. 1877,s. 5). Notice to be sent to Bishop, as to Chaplains and Assistant Chaplains. — Within one month after the nomination of a chaplain or assistant chaplain to a prison, notice thereof is to be transmitted to the bishop of the diocese in which the prison is situate, and no chaplain or assistant chaplain is to officiate in any prison until he has obtained a licence for that purpose from such bishop, nor for any longer time than while the licence continues in force (P. A., 1865, s. 13). Superannuation of Officers and Abolition of Office. — The Prison Act, 1865, provides for the granting, under certain conditions and restrictions, by the justices in sessions assembled, of superannuation allowances to prison officers ; but, inasmuch as the officers, who may ANALYSIS. 27 be attached to prisons when The Prison Act, 1877, comes into operation, will thenceforth become civil servants of Her Majesty, and be subject to the pro- visions of that Act specially relating to the granting of superannuation allowances to them, it will be requisite in this place to notice only the last-men- tioned provisions. The Prison Act, 1877, declares that if at any time after its commencement it shall appear to the Treasury that any existing officer of a prison (that is, an officer attached to a prison when the Act came into force) has been in the prison service (a term which is to mean, as respects the period before the commencement of the Act, service in a particular prison, or in the prisons of the same authority transferred to the Secretary of State, and as respects the period after the commencement of the Act, service in any such prison, or in any other prison transferred to the Secretary of State under the Act) for not less than twenty years, and is not less than sixty years of age, or that any such officer has become incapable, from confirmed sickness, age, or infirmity, or injury received in actual execution of his duty, of executing his office in person, and if such sickness, age, infirmity, or injury is certified by a medical certificate, and if there be also a report of the Prison Commis- sioners testifying to the good conduct of the officer during his period of service under them, and recom- mending a grant to be made to him, the Treasury may grant to him, having regard to his length of prison service, an annuity, by way of superannuation allow- ance, not exceeding two-thirds of his salary and emolu- ments, or a gratuity not exceeding the amount of his salary and emoluments for one year (P. A., 1877, s. 3G). Abolition of Office, or Retirement, or Removal of Officer. — If any office to which The Prison Act, 1877, applies is abolished, or if any officer retires or is removed, any existing officer of a prison who is in 28 ANALYSIS. consequence deprived of any salary or emoluments, is to be dealt with in the manner provided by The Superannuation Act, 1869, with respect to a person retiring or removed from the public service in conse- quence of the abolition of his office or for the purpose of facilitating improvements in the organization of the department to which he belongs (P. A., 1877, s. 30). Apportionment of Annuity. — Any annuity by way of superannuation allowance or gratuity granted in pursuance of the foregoing provisions is to be appor- tioned between the period of service before and the period of service after the commencement of The Prison Act, 1877 ; and so much of such annuity or allow- ance as is payable in respect of service before the commencement of the Act, regard being had to the amount of salary then paid, but without taking into account any number of years added to the officer's service on account of abolition of office, or for facili- tating the organization of the department to which he belongs, is to be paid by the prison authority of the prison in which the officer was serving at the date of the commencement of the Act, out of rates which at or immediately before that date were applicable to the payment of the officer's salary, and the residue is to be paid out of moneys provided by Parliament (P. A., 1877, s. 36). The provisions of The Prison Act, 1877, with respect to superannuation allowances and gratuities, are not, however, to entitle any existing officer of a prison to any such allowance or gratuity, the conditions of whose office would not have entitled him thereto under The Prison Act, 1865 (P. A., 1877, s. 53). Removal of Prison Officers from Apartments. — The Prison Act, 1865, gives ample powers for obtain- ing possession of the house or apartments in which any officer of a prison who is suspended, or removed from, or who resigns his office, or who dies, has by ANALYSIS. 29 virtue of his office resided (P. A., 1865, s. 16). These powers are exerciseable under that Act by or on behalf of the visiting justices or the prison authority, but they will hereafter be exerciseable by or on behalf of the Prison Commissioners under the provisions of The Prison Act, 1877 (P. A., 1877, s. 9). Jurisdiction over Prisons, and Commitment and Classification of Prisoners. Abolition of Distinction between Gaol and House of Correction. — Subject to the provisions of The Prison Act, 1865, with respect to the appropriation of prisons to particular classes of prisoners, every prison to which that Act applies is to be deemed to be a gaol and house of correction, but no class of prisoners that had not previously to the commencement of the Act been con- fined in any prison is to be confined there until the Secretary of State has certified that the prison is a fit place of confinement for that class of prisoners (P. A., 1865, s. 56). Jurisdiction over Prison. — Every prison, where- soever situate, is for all purposes to be deemed to be within the limits of the place for which it is used as a prison (P. A., 1865, s. 57). But the Secretary of State may from time to time, if he think it expedient so to do, for the purpose of any enactment, law, or custom, descriptive of or dependent on the circumstance of a prison being the prison of any count} r , riding, county of a city, county of a town, liberty, borough, or other place having a separate prison jurisdiction, by any general or special rule direct that, for such purpose, any prison locally situate within the county in which such riding, county of a city, county of a town, liberty, borough, or place is situate, or any prison which he may in pursuance of The Prison Act, 1877, have appointed as a prison to which prisoners may be com- 30 ANALYSIS. mittedj is to be considered to be the prison of any county or other place as above mentioned ; but, sub- ject to any such rule, and until the same be made, the transfer under that Act of the prisons to which it applies, and of the powers and jurisdiction of prison authorities, of justices in sessions assembled, and of visiting justices, is not to affect the jurisdiction of any sheriff or coroner, or, except as the Act provides, of any justice of the peace or other officer having at the commencement of the Act jurisdiction in, over, or in respect of such prison (P. A., 1877, s. 30). Saving as to Commitment of Prisoners. — Subject to The Prison Act, 1877, and to any rules made in pursuance of it, prisoners may be committed to the same prison to which they might have been committed if that Act had not passed. The committal of a prisoner to or his imprisonment in a prison, if other- wise valid, is not to be illegal by reason only that such prisoner ought, according to the law for the time being in force, to have been committed to or imprisoned in some other prison; but any such prisoner as this provision refers to, is, on application being made on his behalf in a summary manner to any judge of the High Court of Justice, to be entitled to be removed at the public expense to such other prison (P. A., 1877, s. 27). Confinement of Prisoners before and during Trial. — The Secretary of State may from time to time, by any general or special rule, appoint in any county a convenient prison or prisons in which prisoners are to be confined before and during trial, or at either of such times, and any prisoner who might, if The Prison Act, 1877, had not passed, have been lawfully confined in a prison situate within the area of such county, may be lawfully confined in any prison or prisons so appointed ; and the Secretary of State may also, in like manner, appoint any convenient prison or ANALYSIS. 31 prisons in any adjoining county to which prisoners may be committed for trial, safe custody, or otherwise, and any prisoners may be committed to such prison accordingly (P. A., 1877, s. 24). Confinement of Prisoners after Conviction. — The Secretary of State may also from time to time, by any general or special rule appropriate either wholly or partially particular prisons within his jurisdiction to particular classes of convicted criminal prisoners, and may remove any convicted criminal prisoner from any one prison to any other prison for the purpose of his undergoing the whole or any portion of his punishment; but a prisoner who is confined in a prison situate beyond the limits of the county, borough, or place in which he was convicted of his offence is on his discharge to be taken back at the public expense to the county, borough, or place in which he was so convicted (P. A., 1877, s. 25). Confinement of Debtors and Prisoners ivho are not ■Criminal Prisoners. — The Secretary of State may from time to time, by any general or special rule, appoint in any county a prison or prisons in which debtors and prisoners who are not criminal prisoners are to be confined during the period of their imprison- ment, and any such debtor or prisoner may be con- fined in a prison so appointed, who might, if The Prison Act, 1877, had not passed, have been confined during such period in any prison situate within the •area of the county (P. A., 1877, s. 2G). Custody of Prisoners. Legal Custody of Prisoners. — Every prisoner con- fined in a prison is to be deemed to be in the legal custody of the gaoler ; but nothing contained in The Prison Act, 18G5, is to affect the jurisdiction or re- sponsibility of the sheriff in respect of prisoners ■under sentence of death, or his jurisdiction or control 32 ANALYSIS. over the prison where such prisoners are confined, and the officers thereof, so far as may be necessary for the purpose of carrying into effect the sentence of death, or for any purpose relating thereto ; and in any prison in which sentence of death is required to be carried into effect on any prisoner, whether such prison is or is not the common gaol of the county, the sheriff is, for the purpose of carrying that sen- tence into execution, to be deemed to have the same jurisdiction with respect to such prison as he has by law with respect to the common gaol of a county (P. A., 1865, s. 58). A prisoner is also to be deemed to be in legal custody whenever he is being taken to or from, or whenever he is confined in, any prison in which he may be lawfully confined, or whenever he is working outside or is otherwise beyond the walls of any such prison in the custody or under the control of a prison officer belonging to such prison; and any constable or other officer acting under the order of any justice of the peace or magis- trate having power to commit a prisoner to prison may convey a prisoner to or from any prison to or from which he may be legally committed or removed, notwithstanding that the prison may be beyond the constablewick or other jurisdiction of such constable or officer, in the same manner and with the same inci- dents as if the prison were within such constablewick or other jurisdiction (P. A., 1877, s. 28). Security to Sheriff. — The Prison Act, 1865, requires the gaoler of every prison in which debtors are con- fined to give security to the sheriff for their safe custody; but that Act, whilst it abolished the liability of the sheriff for the escape of a prisoner from im- prisonment in other cases, continued that liability in the case of a debtor (P. A., 1865, ss. 59, 60). The Prison Act, 1877, however, declares that on and after its commencement the sheriff of any sheriffdom shall ANALYSIS. 33 not be liable for the escape of any prisoner (P. A., 1877, s. 31). The liability of the sheriff even for the escape of a debtor from prison will clearly, therefore, cease at that period; and, such being the case, the obligation on the part of a gaoler to give security for the safe custody of debtors will likewise cease. Prisoners under Sentence of Death. — The provisions of The Prison Act, 1877, are not, however, to affect the jurisdiction or responsibility of the sheriff in respect of prisoners under sentence of death, and confined in any prison within his jurisdiction, or his jurisdiction and control over the prison where such prisoners are confined, and the officers thereof, so far as may be necessary for the purpose of carrying into effect the sentence of death, or for any purpose- relating thereto ; and in any prison in which sentence of death is required or authorized to be carried into effect on any prisoner, the sheriff of the county in which the prison is situate, is, for the purposes of carrying that sentence into execution, to be deemed to have the same jurisdiction with respect to such prison as he would by law have had with respect to the common gaol of his county, if The Prison Act, 1877, had not passed, and such prison were the common gaol of his county (P. A., 1877, s. 32). Description of Prison in Writ, §c. — Any writ, warrant, or other legal instrument addressed to the gaoler of a particular prison, describing the prison by its situation or other definite description, is to be valid, by whatever title such prison is usually known, or whatever be the description of the prison, whether gaol, house of correction, bridewell, penitentiary, or otherwise (P. A., 1865, s. 61). Gaoler of Prison to deliver Calendar. — The gaoler of every prison is to deliver or to cause to be delivered to the judges of assize, and to the justices in quarter sessions, a calendar of all prisoners in custody for trial at such assizes or sessions, in the same way as the 3 34 ANALYSIS. sheriff of a county has hitherto been required by law to deliver a calendar of such prisoners when committed to the common gaol of the county, and the sheriff is no longer to be required to deliver or to cause to be delivered such calendar (P. A., 1865, s. 62). Custody and Trial of Prisoners in a Substituted, Prison. — The Prison Act, 1865, made provision with respect to the commitment, trial, detention, and punish- ment of prisoners in cases where one prison authority had entered into a contract for the receiving and mainte- nance of its prisoners in the prison of another authority (P. A., 1865, s. G6). But, as all such contracts are to be deemed to be determined on and after the commencement of The Prison Act, 1877, it is unnecessary further to notice that provision in this place (P. A., 1877, s. 21). Saving as to Commissions. — The validity of any commission of gaol delivery, commission of oyer and terminer, or other commission, precept, writ, warrant, or other document, is not to be affected by reason of its beins; addressed to or making mention of the sheriff of the county, &c, instead of being addressed to or making mention of the gaoler of a prison or prisons ; and every such commission, &c, is to be obeyed by the gaoler, and is to take effect in the same manner as if he had been named therein instead of the sheriff (P. A., 1865, s. 82). Discipline of Prisoners. Separation of Prisoners. — The Prison Act, 1865, makes the following requisitions with regard to the separation of prisoners : (1) In every prison separate cells are to be provided equal in number to the average of the great- est number of prisoners, not' being convicts under sentence of penal servitude, who have been confined in the prison at any time during each of the preceding five years ; ANALYSIS. 35 (2) In every prison punishment, cells are to be pro- vided or appropriated for the confinement of prisoners for prison offences ; (3) In a prison containing female as well as male prisoners, the women are to be imprisoned in separate buildings or separate parts of the same buildings, in such manner as to pre- vent their seeing, conversing, or -holding any intercourse with the men ; (4) In a prison where debtors are confined, means are to be provided for separating them altogether from the criminal prisoners ; (5) In a prison where criminal prisoners are con- fined, such prisoners are to be prevented from holding any communication with each other, either by every prisoner being kept in a separate cell by day and by night, except when he is at chapel or taking exercise, or by every prisoner being confined by night to his cell, and being subjected to such super- intendence during the day as will, consist- ently with the provisions of the Act, prevent his communicating with any other prisoner (P. A., 1865, s. 17). Cells to he Certified for Confinement of Prisoners. — No cell is to be used for the separate confinement of a prisoner, unless it is certified by one of Her Majesty's Inspectors of Prisons to be of such a size, and to be lighted, warmed, ventilated, and fitted up in such a manner as may be requisite for health, and to be furnished with the means of enabling the prisoner to communicate at any time with an officer of the prison; but a distinction may be made in respect of the use of cells for the separate confinement of prisoners during long and short periods of imprisonment, and in respect of the use of cells in which the prisoner is intended to 36 ANALYSIS. be employed during the whole day, or for a long or short part thereof; and the certificates of the Inspector may be varied accordingly, so as to express the period of imprisonment for which each cell may be con- sidered fit, and the number of hours in the day during which the prisoners may be employed therein. No punishment cell is to be used unless it is certi- fied by an Inspector that it is furnished with the means of enabling the prisoner to communicate at any time with an officer of the prison, and that it can be used as a punishment cell without detriment to the prisoner's health, and the time for which it may be so used is to be stated in the certificate. Every certi- fied cell is to be distinguished by a number or mark placed in a conspicuous position, and is to be referred to by its number or mark in the certificate of the In- spector, and if the number or mark of any certified cell is changed without the consent of the Inspector, the cell is to be deemed to be an uncertified cell, until a fresh certificate has been given. Any certificate given by an Inspector in respect of a cell may be withdrawn on such alteration taking place in such cell as to render the certificate, in his opinion, inap- plicable thereto, and upon the certificate being with- drawn the cell is to cease to be a certified cell (P. A., 1865, s. IS). Cells certified before The Prison Act, 1SG5. — All cells certified by an Inspector before the commencement of The Prison Act, 1865, as being fit to be used for the separate confinement of prisoners, are to be deemed to be cells certified for such purpose under that Act (P. A, 1865, s. 75). Requisitions of The Prison Act, 1865, as to Hard Labour. — Hard labour is to be of two classes, consist- ing, 1st, of work at the tread- wheel, shot drill, crank, capstan, stone- breaking, or such other like description of hard bodily labour as maybe appointed by the justices ANALYSIS. 37 in sessions assembled, with the approval of the Secretary of State, which work is afterwards referred to in The Prison Act, 1865, as hard labour of the first class; 2nd, of such other description of bodily labour as may be appointed by the justices in sessions assembled, with the approval of the Secretary of State, which work is referred to as hard labour of the second class ; and in eveiy prison where prisoners sentenced to hard labour are confined, adequate means (having regard to the average number of such prisoners confined in that prison during the preceding five years) is to be provided for enforcing hard labour in accordance with the provisions of the Act; and no prison is to be deemed to be in conformity with the requisitions of the Act with respect to the enforce- ment of hard labour, unless such means have been provided therein, and prisoners sentenced to hard labour have been employed thereat in the manner provided by the Act ; but employment in the necessary services of the prison may, in the case of a limited number of prisoners, to be selected by the visiting- justices, as a reward for industry and good behaviour, be deemed to be hard labour of the second class (P. A., 1865, s. 19). The 34th regulation, as amended by the 37th section of The Prison Act, 1877, and the 35th, 36th, and 37th regulations contained in the first schedule of The Prison Act, 1865, prescribe under what circumstances and with reference to what pri- soners each class of hard labour is to be carried into effect. Misdemeanants of First Division. — In every prison to which The Prison Act, 1865, applies, prisoners con- victed of misdemeanor, and not sentenced to hard labour, are to be divided into at least two divisions, one of which is to be called the first division, and whenever any person convicted of misdemeanor is sentenced to imprisonment without hard labour it 38 ANALYSIS. is to be lawful for the court or judge before whom such person has been tried to order, if such court or judge think fit, that such person shall be treated as a misdemeanant of the first division, and a misdemeanant of that division is not to be deemed to be a criminal prisoner (P. A., 1865, s. 67). Rules as to Treatment of Prisoners confined for Non-Payment of Sams in the Nature of Debts. — The Secretary of State may from time to time make rules and repeal, alter, or add to rules made by him, with respect to the classification and treatment of prisoners imprisoned for non-compliance with the order of a justice or justices to pay a sum of money or be imprisoned in respect of the default of a distress to satisfy a sum of money so adjudged to be paid, pro- vided such rules are in mitigation and not in increase of the effect of such imprisonment as regulated by The Prison Act, 1865 (P. A., 1877, s, 38). Special Rules as to Treatment of Unconvicted Prisoners and certain other Prisoners. — The Prison Act, 1877, after reciting that it is expedient that a clear difference should be made between the treat- ment of persons unconvicted of crime and in law presumably innocent during the period of their de- tention in prison for safe custody only, and the treat- ment of prisoners who have been convicted of crime during the period of their detention in prison for the purpose of punishment, and that there should, in order to secure the observance of the difference, be in force in every place in which prisoners are con- fined for safe custody only, special rules regulating their confinement in such manner as to make it as little as possible oppressive, due regard only being had to their safe custody, to the necessity of preserv- ing order and good government in the place in which they are confined, and to the physical and moral well-being of the prisoners themselves, requires the ANALYSIS. 39 Secretary of State to make, and empowers him to repeal, alter, or add to when made, special rules with respect to the following subjects : (1) The retention by a prisoner of the possession of any books, papers, or documents in his possession at the time of his arrest, and which may not be required for evidence against him, and are not reasonably sus- pected of forming part of property impro- perly acquired by him, or are not for some special reason required to be taken from him for the purposes of justice ; (2) Communications between a prisoner, his soli- citor, and his friends, so as to secure to the prisoner as unrestricted and private com- munication between him and them as may be possible, having regard only to the ne- cessity of preventing any tampering with evidence, and any plans for escape, and other like considerations ; and (3) Arrangements whereby prisoners may provide themselves with articles of diet, or may be furnished with a sufficient quantity of whole- some food, and may be protected from being called upon to perform any unaccustomed tasks or offices ; and also with respect to any other matter which he may think con- ducive to the amelioration of the condition of a prisoner who has not been convicted of crime, regard being had to the matters al- ready mentioned as being directed to be regarded (P. A., 1877, s. 39). Treatment of Prisoners convicted of Sedition, £c. — The Prison Commissioners are required to see that any prisoner under sentence inflicted on a conviction for sedition or seditious libel shall be treated as a 40 ANALYSIS. misdemeanant of the first division within the mean- ing of the 67th section of The Prison Act, 1865, not- withstanding any statute, provision, or rule to the contrary (P. A., 1877, s. 40). Treatment of Persons committed for Contempt of Court. — Any person imprisoned under any rule, order, or attachment for contempt of any court is in like manner to be treated as a misdemeanant of the first division (P. A., 1877, s. 41). Test of Malingering. — Where the prison medical officer considers it necessary to apply any painful test to a prisoner to detect malingering or otherwise, such test is only to be applied by authority of an order from the visiting committee of justices or a Prison Commissioner (P. A., 1877, s. 42). Limitation of Time of Confinement in Punishment Cells. — It is not to be lawful for the gaoler to order any prisoner to be confined in a punishment cell for any term exceeding twenty-four hours ; nor for the visiting committee of justices to order any prisoner to be punished by confinement in such a cell for any term exceeding fourteen days (P. A., 1877, s. 43). This provision has reference to the 37th and 38th Regulations contained in the first schedule of The Prison Act, 1865. Offences in eelation to Prisons. Assisting Prisoners to Escape. — Every person who aids any prisoner in escaping or attempting to escape from any prison, or who, with intent to facilitate the escape of any prisoner, conveys or causes to be conveyed into any prison any mask, dress, or other disguise, or any letter, or any other article or thing, is to be guilty of felony, and on conviction to be sentenced to imprisonment with hard labour for a term not exceeding two years (P. A., 1865, s. 37). ANALYSIS. 41 Punishment for carrying Spirituous Liquors or Tobacco into Prison. — Every person who, contrary to the regulations of a prison, brings or attempts by any means whatever to introduce into it any spirituous or fermented liquor or tobacco, and every officer of a prison who suffers any such liquor or tobacco to be sold or used therein, contrary to such regulations, is on conviction to be sentenced to im- prisonment for a term not exceeding six months, or to a penalty not exceeding twenty pounds, or, in the discretion of the Court, to both, and every officer of a prison convicted under this provision is, in addition to any other punishment, to forfeit his office and all arrears of salary due to him (P. A., 1865, s. 38). Punishment for carrying Letters into and out of Prisons. — Every person who, contrary to the regula- tions of a prison, conveys or attempts to convey any letter or other document, or any article whatever not allowed by such regulations, into or out of the prison, is on conviction to incur a penalty not exceeding ten pounds, and if he be an officer of the prison, he is to forfeit his office and all arrears of salary due to him, but this provision is not to apply in cases where the offender is liable to a more severe punish- ment under either of the provisions before mentioned (P. A., 1865, s. 39). Notice of Penalties to be placed outside of Prison^ — A notice setting forth the penalties that will be in- curred by persons committing any offence mentioned in the foregoing provisions, is to be affixed in a con- spicuous place outside the prison (P. A., 1865, s. 40). Recovery of Penalties. — Offences under The Prison Act, 1865, with the exception of felonies, and of offences for the mode of trial of which the Act makes express provision (see Sched. I., Regs. 56, 57, 58), are to be prosecuted summarily before two justices acting for the division or place where the matter requiring the 42 ANALYSIS. cognizance of such justices arises, and in the manner directed by the Act 11 &; 12 Vict. c. 43, or any Act amending that Act (P. A., 1865, s. 52). Removal of Prisoners from One Prison or Place of Confinement to Another. Removal of Prisoners for Trial. — A prisoner may be brought up for trial, and may be removed by or under the direction of the gaoler from one prison to another, or from one place of confinement to another, to which he may be legally removed, for the purpose of being- tried or undergoing his sentence, and no prisoner whilst in the custody of a gaoler is to be deemed to have escaped, although he may be taken into dif- ferent jurisdictions or different places of confinement (P. A., 1865, s. 63). Removal of Prisoners by Order of Her Majesty. — And Her Majesty may, by order under the hand of the Secretary of State, direct any person in prison in England and Wales under sentence of any court, or of any competent authority, for any offence committed by him, to be removed from the prison in which he is confined to any other of Her Majesty's prisons within England and Wales, there to be imprisoned during his term of imprisonment (P. A., 1865, s. 65). Removal of Prisoners in other Cases. — Prisoners may also be removed from one prison to another prison or place of confinement, for the purpose of enabling any prison to be altered, enlarged, or rebuilt, or in case of any contagious or infectious disease breaking out in any prison, or for any other reasonable cause (P. A., 1865, s. 64). The Secretary of State is further em- powered to remove any convicted criminal prisoner from any one prison to any other prison, for the pur- pose of his undergoing the Avhole or any portion of his punishment (P. A., 1877, s. 25). ANALYSIS. Discharge of Prisoners. When Term of Imprisonment Expires on Sunday, Prisoner to be Discharged on Preceding Day. — A prisoner, whose term of imprisonment would, accord- ing to his sentence, expire on a Sunday, is to be entitled to his discharge on the preceding Saturday, and the gaoler of every prison is authorised and re- quired so to discharge any such prisoner (P. A., 1865, s. 41). Alloivance to Discharged Prisoners. — The Prison Act, 1865, provides for the payment, under an order of the visiting justices, either to a prisoner himself on his discharge from prison, or to the treasurer of a certified Prisoners' Aid Society, to be applied for his benefit, of a sum of money not exceeding £2 (P. A., 1865, s. 41). That provision will, however, become superseded on the commencement of The Prison Act, 1877, which enacts that, on the discharge of a prisoner from prison, the Prison Commissioners may, on the recommendation of the visiting committee, or otherwise, order a sum of money not exceeding £2 to be paid by the gaoler to the prisoner himself, or to the treasurer of a certified Prisoners' Aid Society, or Refuge, on the gaoler receiving from the society an undertak- ing in writing, signed by its secretary, to apply the money for the benefit of the prisoner (P. A., 1877, s. 29). Discharged Prisoners to be provided with Means of returning to Place of Settlement. — The Prison Act, 1865, also provides that, on the discharge of a prisoner from prison, the visiting justices of the prison may provide the prisoner, out of any moneys under their control, and applicable to the pajmient of the expenses of the prison, with the means of returning to his home or place of settlement, by causing his fare to 44 ANALYSIS. be paid by railway, or in any other convenient manner (P. A., 1865, s. 43). This power will, it would seem, on the commencement of The Prison Act, 1877, be- come exerciseable by the Prison Commissioners (P. A., 1877, s. 9). And a convicted criminal prisoner who is confined in a prison situate beyond the limits of the county, city, borough, or place in which he was convicted of his offence, is, at the time of his discharge, to be taken back at the public expense to the county, borough, or place in which he was so convicted (P. A., 1877, s. 21). Death of Prisoners in Prison. Inquests on Prisoners. — It is the duty of the coroner having jurisdiction in the place to which a prison belongs, to hold an inquest on the body of every prisoner who may die within the prison. Where it is practicable, one clear day is to intervene between the day of the death and the day of the holding the inquest (P. A., 1865, s. 48). Certain Persons not to be Jurors. — In no case where an inquest is to be held on the body of a prisoner, is any officer of the prison, or any prisoner confined in the prison (P. A., 1865, s. 48), or any person engaged in any sort of trade or dealing with the prison (P. A., 1877, s. 44), to be a juror on such inquest. Regulations and Rules as to Government of Prisons. Regulations as to Government of Prisons. — The regulations contained in the first schedule of The Prison Act, 1865, with respect to the government of ANALYSIS. 45 prisons, are to be binding on all persons in the same manner as if they were enacted in the body of the Act (P. A., 1865, s. 20). Those regulations will be found, in their proper place, at pages 115 to 141 of this book. Rules in Addition to Regulations in Schedule of Prison Act, 1865.— In addition to the regulations just referred to, the justices in sessions assembled are re- quired by The Prison Act, 1865, to make rules for the supply to all prisoners confined in prisons within their jurisdiction of a sufficient quantity of plain and wholesome food, regard being had, so far as relates to convicted criminal prisoners, to the nature of the labour required from or performed by them, so that the allowance of food may be duly apportioned thereto, and to frame dietary tables for the purpose ; and they are empowered to make rules in respect of any other matters relating to the government of such prisons, and from time to time to repeal or alter any rules made or dietary tables framed by them (P. A., 1865, s. 21). The duty of making rules and dietary tables for the supply of food to prisoners, and the general power to make rules with regard to matters relating to the government of prisons thus created or conferred by The Prison Act, 1865, will, however, on the com- mencement of The Prison Act, 1877, be transferred to and become exerciseable by the Secretary of State (P. A., 1877, s. 5). Mules in Force at Commencement of The Prison Act, 1865. — All rules in force in any prison which were inconsistent with The Prison Act, 1865, or with the regulations in its first schedule, were repealed by that Act, from its commencement, but the Act declared that all other rules, then in force, should continue, until altered in the manner provided by it (P. A., 1865, s. 80). Proof of Rules of Secretary of State. — Any rule 40 ANALYSIS. made by a Secretary of State, in pursuance of The Prison Act, 1877, may be proved in the manner in which regulations made under the authority of a Secretary of State are capable of being proved in pursuance of The Documentary Evidence Act, 1868- (P. A, 1877, s. 51). Rules, d'c, to be laid before Parliament. — All rules and regulations made by virtue of The Prison Act, 1877, are to be forthwith laid in a complete form, after they have been settled and approved by the Secretary of State, before both Houses of Parliament, if Parliament be sitting, or if it be not then sitting, within three weeks after the beginning of the .next ensuing session ; and if any such rules or regulations are disapproved of by either House of Parliament within forty days after they have been so laid before Parliament, such rules or regulations, or the parts of them disapproved of, are to be void and of no effect ; and no such rules or regulations are to come into force or operation until they have been so laid before Parlia- ment for forty days (P. A., 1877, s. 51). Actions, Arbitration, and Arrangement. General Issue may be 'pleaded to Action. — If any suit or action is prosecuted against any person for anything done in pursuance of The Prison Act, 1865, such person may plead the general issue, and give that Act and the special matter in evidence at the trial, and that the same was done by the authority of the Act ; and if a verdict passes for the defendant, or the plaintiff becomes non- suited, or discontinues his action after issue joined, or if upon demurrer or otherwise, judgment be given against the plaintiff, the defendant is to recover double costs, and to have the like remedy for the same as any defendant has by law in other cases ; and though a ANALYSIS. 47 verdict be given for the plaintiff in any such action, he is not to have costs against the defendant, unless the judge before whom the trial takes place certifies his approbation of the action and of the verdict obtained thereupon (P. A., 1865, s. 49). Venue and Commencement of Action. — All actions, suits, and prosecutions commenced against any person for anything done in pursuance of The Prison Act, 18G5, are to be laid and tried in the county or place where the act complained of was committed, and are to be commenced within six calendar months after the committal thereof, and not otherwise (P. A, 18G5, s. 50). Arbitration. — Any difference authorised or directed by The Prison Act, 18G5, to be settled by arbitration is to be referred to a barrister-at-law to be appointed in writing, on the application of any party to the difference, by any judge of assize of the last preceding or of the nest succeeding circuit; and all the pro- visions of The Common Law Procedure Act, 1854, relating to compulsory references, are to be deemed to extend to any such arbitration, with the addition that it is to be obligatory on the arbitrator, at the recpiest of any party to the difference, to state a special case for the opinion of a superior court (P. A, 18G5, s. 51). And the Secretary of State (with the assent of the Treasury, so far as any public moneys are concerned) on the one hand, and a prison authority on the other, may, with a view to carry into effect the provisions of The Prison Act, 1877, compromise any matter, or settle any difference, or refer to arbitration any matter or difference ; and any such reference to arbitration is to be a single arbitrator, and the provisions of the Common Law Procedure Act, 1854, are to apply accord- ingly (P. A, 1877, s. 55). 48 ANALYSIS. Discontinuance of Certain Prisons. Prohibition of Commitment to Certain Prisons. — The Prison Act, 1865, prohibited the committal, after its commencement, of any person to any of the prisons mentioned in the second schedule thereto. The prisons thus discontinued were the following : — LEGAL CHARACTER OP PRISON OF prison. COUNTY. Aberystwith Borough prison Cardigan. Bradninek Ditto Devon. Faversham Ditto Kent. Helstone Ditto Cornwall. King's Lynn Ditto Norfolk. Lichfield Ditto Stafford. Maldon Ditto Essex. Newcastle-under-Lyme Ditto Stafford. Penzance Ditto Cornwall. Richmond Ditto York. Romney Marsh... Liberty prison Kent. Eye Borough prison Sussex. South Molton Ditto Devon. Tenterden Ditto Kent. All persons who, before the passing of the Act, might lawfully have been committed to any of the above-mentioned prisons are now to be committed to the prison of the county in which any such prison was situated ; and the county prison is, for all purposes relating to or consequential on the committal, trial, detention, or punishment of prisoners committed or removed thereto in pursuance of this provision of the Act, to be regarded in law as if it were the discon- tinued prison (P. A., 1865, s. 68). Removal of Prisoners from Discontinued Prisons. — The statute referred to also made provision for the ANALYSIS. 40 removal from the above-mentioned prisons, as soon as conveniently might be after its commencement, of all the prisoners then confined in them, to the county prison (P. A, 18G5, s. 69). Expenses of Prisoners confined in County Prisons instead of in Discontinued Prisons. — The expenses incurred by any county in the conveyance, transport, maintenance, safe custody, and care of every prisoner confined in the county prison instead of in one of the discontinued prisons, including the expenses of the removal of the prisoners from one prison to another, are to be defrayed in the manner provided by law in cases where the prisoners committed for offences arising within any borough or other place that does not contribute to the county rate are sent to any prison of a county, and there is no special contract between such borough or other place and the county relative to such prisoners (P. A., 1865, s. 70). Power to use aforesaid Discontinued, Prisons as Lock-up Houses. — The prison authorit}^ of any prison discontinued as already mentioned was empowered to sell the prison in the manner provided by The Prison Act, 1865, for the sale of unnecessary prisons, or, with the sanction of the Secretary of State, to cause the prison to be used as a police station house or a lock-up house, and the money arising from any sale made in pursuance of the provisions of the Act in this respect was required to be applied in discharging any ex- penses that might be incurred by the prison authority in the maintenance of its prisoners, or otherwise in aid of the rate applicable to prison purposes (P. A., 1865, s. 71). Power to allow Compensation to Persons deprived of Office. — Provision was also made for the granting by the justices in sessions assembled, and having jurisdiction over any discontinued prison, of such 4 50 ANALYSIS. compensation or allowance as they might think fit to any person who was deprived of any salary or emoluments by reason of the discontinuance of the prison (P. A., 18G5, s. 72). Saving as to Rights of Creditors. — But, although the above-mentioned prisons were discontinued, it was expressly provided that nothing contained in the Act should affect the right of any creditor who might have advanced any moneys for building, repairing, or otherwise for the purposes of any such prison, or who might have advanced any money on any mortgage or other security ; but that it should still be lawful for such a creditor to pursue any remedies for recover- ing the principal or interest on moneys due to him, and that he should still enjoy the benefit of any security possessed by him (P. A., 1865, s. 78). Similar pro- visions will be found to have been also made by The Prison Act, 1877, for saving the rights and for securing the payment of the debts or claims of creditors of prison authorities (P. A., 1877, ss. 20, 22, 23). Sale of Unnecessary Prisons. — Any prison autho- rity was empowered by The Prison Act, 1865, to sell under certain conditions any prison or land belonging to or held in trust for it as such prison authority, that might appear to it to be unnecessary by reason of its having provided for the accommo- dation of its prisoners ; and the moneys arising from such a sale were to be applied in discharging any expenses that might have been or might thereafter be incurred by such authority in building, altering, enlarging, or rebuilding any prison within its juris- diction, or otherwise in aid of the rate raiseable for the maintenance of its prison (P. A., 1865, ss. 46, 47). Poiver of Secretary of State to Discontinue Prisons. — And it is now provided by The Prison Act, 1877, that the Secretary of State may by order from time ANALYSIS. 51 to time discontinue any prison or prisons vested in him by that Act, provided that there remain one prison at least in every county, unless the Secretary of State shall otherwise order, for special reasons to be stated in his order ; and any such order is to be laid before both Houses of Parliament forthwith, if Parliament be sitting at the time when it is made, or if not then sitting, within one month after the commencement of the then next session of Parliament (P. A., 1877, s. 33). Effect of Discontinuance of Prison. — When a prison has been thus discontinued, the Secretary of State is to serve a notice on the prison authority to which the prison originally belonged, that he will, at any time within a period of not less than six months, which period he is to prescribe, from the date of the service of the notice, cause the prison, but without any furniture or effects belonging thereto, to be recon- veyed to the authority on payment by the authority into the Exchequer, for the public use, of one hun- dred and twenty pouods in respect of each prisoner belonging to the authority for whom cell accommo- dation was provided in the discontinued prison at the time of the passing of the Act (12th of July, 1877), and also on repayment by the authority of any compensation it may have received in respect of its having provided a prison of its own more than adequate for the accommodation of the prisoners belonging to it. A prison authority may sell or otherwise dispose of any prison so reconveyed to it in such manner as it may think fit. But if a prison authority declines to accept the offer of the reconveyance of a prison, or fail to pay or to secure, to the satisfaction of the Secretary of State, the payment of such sum as before mentioned into the Exchequer, the prison is to be sold by the Secretary of State, who, after paying the expenses of 52 ANALYSIS. the sale, and paying into the Exchequer the sum re- quired to be paid by the prison authority, is to render the overplus (if any) to that authority. Any sum so pa} r able by a prison authority is to be deemed to be a debt due from that authority to the Crown, and may be recovered accordingly. A prison authority may borrow, and the Public Works Loan Commissioners may lend, at such rate per cent, of interest as the Treasury may determine, such sum of money as may be required for making the payment in question, but the whole amount so borrowed is to be repaid within thirty-five years. The Act, however, declares that the cell accommodation provided by a prison authority in all its prisons may be calculated, for the purpose of ascertaining the sum payable by the authority, and that if it appears from the calculation that sufficient accommodation has been provided by the authority in any one prison or prisons belonging to it, no sum shall be payable by the authority in respect of the discontinued prison, and that a proportionate deduction shall be made in the sum payable by such authority in the event of any partial accommodation in excess of the necessary accommodation having been provided in such other prisons belonging to the authority (P. A., 1877, s. 34). Repeal of Statutes and Parts of Statutes. Repeal of Acts. — The several Acts specified in the third schedule of The Prison Act, 1865, were, to the extent therein mentioned, repealed from the com- mencement (1st of February, 186G) of that Act (P. A., 1865, s. 73). Repeal not to affect any Order, &c, made, &c. — But no repeal thereby enacted was to affect : (1) Any order made, sentence passed, or other act ANALYSIS. 53 or thing duly done under any Acts thereby repealed ; (2) Any right or privilege acquired, any security given, or other liability incurred under any Act thereby repealed ; (3) Any penalty, forfeiture, or other punishment incurred in respect of any offence against any Act thereby repealed ; (4) Any appointment to an office made under any Act thereby repealed, or any power of re- moving the holder of such office, or other- wise dealing with such office as respects the existing holder thereof in the manner pro- vided by any Act thereby repealed ; (5) The power of committing prisoners to any prison, except in so far as the same was altered in pursuance of the powers given by the Act (P. A., 1865, s. 74). Saving as to Repealed Provisions in other Acts. — Any unrepealed Act of Parliament in which reference is made to the provisions of any Act repealed by The Prison Act, 1865, is to be construed as if in such first-mentioned Act reference had been made to the corresponding provisions of The Prison Act, 1865 (P. A., 1865, s. 76). Repeal of The Prison Act, 1865, ss. 53,54, 55. — The fifty-third, fifty-fourth, and fifty-fifth sections of The Prison Act, 1865, relating to the appointment of visiting justices, to the regulation of their duties, and to visits to prisons by any justice of the peace, are repealed from the commencement (1st of April, 1878) of The Prison Act, 1877, and other provisions are substituted in their stead (P. A., 1877, ss. 13, 15). Repeal of 5 <£• 6 W. IV. c. 38, s. 7, as to Appointment of Inspectors of Prisons. — The seventh section of the Act 5 k, 6 W. IV. c. S8, relating to the appointment of inspectors of prisons by the Secretary of State, and 04 ANALYSIS. to the duties to be discharged by them, is repealed from the commencement of The Prison Act, 1877, so far as respects England (P. A., 1877, s. 45). Repeal of Enactments inconsistent with The Prison Act, 1877. — All enactments inconsistent with The Prison Act, 1877, are declared to be thereby repealed (P. A, 1877, s. 51). THE PRISON ACT, 1865. (28 & 29 Vict. c. 126.) ARRANGEMENT OF SECTIONS. Preliminary. Sect. 1. Short title. 2. Commencement of Act. o. Application of Act. 4. Definition of terms. 5. Description of "prison authorities." (i. Definition of "justices in sessions assembled." 7. Contracts, &c, by prison authority in counties. PART I. The Maintenance and Government of Prisons. Obligation to maintain Prisons. 8. Maintenance of prisons by separate prison juris- diction. 9. Definition of separate prison jurisdiction. Appointment of Officers. 10. Officers of prison. 11. Appointment of chaplain to two prisons. 5G THE PRISON ACT, 1865. Sect. 12. Assistant chaplains and deputy gaoler. 13. Notice to be sent to bishop as to chaplains and assistant chaplains. 14. Tenure of office and salaries of prison officers. 15. Superannuation of officers. 16. Removal of prison officers from apartments. Discipline of Prisoners. 17. Requisitions of Act as to separation of prisoners. 18. Cells to be certified for confinement of prisoners. 19. Requisitions of Act as to hard labour. 20. Regulations as to government of prisons. 21. Rules in addition to regulations in schedule. 22. Inspector of prisons to leave a minute of obser- vations. Enlargement and Rebuilding of Prisons. 23. Power to build prisons. 24. Conditions as to building prisons. 25. Mode of obtaining sanction of Secretary of State to building of prisons. 26. Approval of Secretary of State. 27. Charge of borrowed moneys. 28. Certain clauses of 10 & 11 Vict. c. 16, as to borrowing money incorporated. 29. Public Works Loan Commissioners to lend money for building prisons. 30. Appointment of Surveyor-General of prisons. Contracts for Maintenance of Prisoners and j impropriation of Prisons. 31. Contracts by prison authorities for maintenance of prisoners. 32. Expenses of contracts between prison authorities. ARRANGEMENT OF SECTIONS. 57 Sort, 33. Appropriation of prisons for purposes of classifi- cation. 34. Public notice of prisons being appropriated to certain prisoners. 'Penalty for inadequate Prisons. 35. Government allowance withheld from inadequate prisons. 36. Power of Secretary of State to close inadequate prisons. Offences in relation to Prisons. 37. Assisting prisoners to escape. 38. Punishment for carrying spirituous liquors or tobacco into prisons. 39. Punishment for carrying letters into and out of prisons. 40. Notice of penalties to be placed outside of prisons. Discharge of Prisoners. 41. When term of imprisonment expires on Sun- day, prisoner to be discharged on preceding day. 42. Allowance to discharged prisoner. 43. Discharged prisoners provided with means of returning to place of settlement. Purchase of Land. 44. Certain provisions of 8 k 9 Vict. c. 18 incor- porated. 45. Confirmation of title to lands purchased for purpose of prison. 58 THE PRISON ACT, 1865. Disposal of unnecessary Prisons. Sect. 40. Sale of unnecessary prisons. 47. Conditions of sale. Miscellaneous. 48. Inquests on prisoners. 49. General issue may be pleaded to action. 50. Venue, where laid. 51. Provision as to arbitration. 52. Recovery of penalties. Visiting Justices. 53. Appointment of visiting justices. 54. Power to make rules as to visiting justices. 55. Visits to prison by any justice. PART II. Law of Prisons. 56. Abolition of distinction between gaol and bouse of correction. 57. Jurisdiction over prison. 58. Custody of prisoners. 59. Security to sheriff. 60. Responsibility of sheriff. 61. Description of prison in writ. 62. Gaoler of prison to deliver calendar. 63. Removal of prisoners for trial. 64. Removal of prisoners in other cases. 65. Her Majesty may order prisoners to be removed from one prison to another. 66. Custody and trial of prisoners in a substituted prison. 67. Misdemeanants of first division. ARRANGEMENT OF SECTIONS. 59 PART III. Discontinuance of certain Prisons. Sect. 6S. Prohibition of committals to prisons in second schedule. 69. Removal of prisoners in scheduled prisons. 70. Expenses of prisoners confined in county prisons under Act. 71. Power to use scheduled prisons as lock-up houses. 72. Power to allow compensation to persons de- prived of office. PART IV. Repeal of Statutes, and Saving Clauses. 73. Acts and parts of Acts in third schedule repealed. 74. No repeal hereby enacted to affect any order made, &c. 75. Certificates as to cells. 76. Saving as to repealed provisions referred to in other Acts. 77. As to the meaning of Gaol Act, 25 & 26 Vict. c. 44. 78. Saving of riohts of creditors. 79. Saving of superannuation allowances. 80. Saving as to rules. 81. Saving as to appointment of officers. 82. Saving as to commissions. Index to Schedules. Schedules. GO THE PKISON ACT, 1865. (28 & 29 Vict. c. 126.) An Act to consolidate and amend the Law relating to Prisons. [6th of July, 1865.] Whereas it is expedient to consolidate and amend the law relating to Prisons in England : (a) Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : («) In all capes where England is named in any statute, Wales and the town of Berwick-upon-Tweed are to he deemed to be included (20 Geo. II. c. 42. s. 3). _ Preliminary. Short Title. 1. This Act may be cited for all purposes as " The Prison Act, 1865.'' Commencement of Act. 2. This Act shall come into operation on the first day of February, one thousand eight hundred and sixty- six, which day is hereinafter referred to as the com- mencement of the Act. Application of Act. 3. This Act shall not extend to Scotland or Ireland, THE PRISON ACT, 181)5. Gl and shall not apply to the prisons for convicts under the superintendence of the directors of convict prisons, or to any military or naval prison. Definition of Terms. 4. In this Act, (b) and in any Act applied or incor- porated by this Act, the expressions hereinafter men- tioned shall have the meanings hereinafter attached to them, unless there is something in the tenor of the Act inconsistent with such meanings ; that is to say, " Municipal Borough " shall mean any place for the time being subject to The Municipal Corpora- tion Act passed in the session of the fifth and sixth years of the reign of his late Majesty King William the Fourth, chapter seventy-six, and any Acts amending the same, and "Borough "(f) shall include "Municipal Borough : " " Prison "( ( shall mean gaol, house of correction, bridewell, or penitentiary ; lit shall also_ include, the airing grounds or oth er g rounds" or buil d- ings occupied by prison officers for the use of i jA Mi ■ ' i ■ n — » « » the prison and contiguous ther eto : " Gaoler fl shall mean governor, keeper, or other chief officer of a prison : " Clerk of the Peace " shall include any officer per- forming similar duties to those of a clerk of the peace : "Treasurer" shall include any officer performing duties similar to those of a treasurer : " Quarter Sessions " shall include " general ses- sions : " " Criminal Prisoner " (e) shall mean any prisoner charged with or convicted of a crime. (J/) All expressions defined in The Prison Act, 1865, are to have the same meaning also in The Prison Act, 1877, in addition to any G2 THE PRISON ACT, 1865. more comprehensive meaning which may be eiven to any of them by that Act (P. A., 1877, s. 61, post p. 198). (c) As to the meaning of the term " Borough" in The Prison Act, 1877. see s. 59 of that Act. pout p. 197. (d) The term " Prison " as used in The Prison Act, 1877, has a mean- ing in addition to that here given to it (P. A., 1877. s. 60. post p. 197). (e) As to the meaning of the term " Criminal Prisoner," see also s. 67 of this Act, post p. 102. Description of "Prison Autliorities.^ 5. The persons hereinafter named~shall be prison authorities for the purposes of this Act ; (/) that is to (1) As respects any prison belonging to any county, except as hereinafter mentioned, or to any riding, division, (hundred,! or liberty of a county, having a separate court of quarter _sessjo ns, "TTie ju stices in qujuftsr se ssions assembled : (2) As respects any prison belonging to a county divided into ridings or divisions, and main- tained at the common expense of such rid- ings or divisions, the justices of the county assembled at a c ourt of Q 'aol session s held in manner provided by the 3u?T6l tlie fifth year of KmgGeorge the Fourth, chapter twelve:^) (3) As respects any prison belonging to the City of London, or the liberties thereof, the court of the Lord Mayor and Aldermen : (4) As respects any~prTson "belonging to a municipal borough, the council of the borough : (5) As respects any prison belonging to any district, liberty, city, borough, or town having a sepa- rate prison jurisdiction, (/<) and not herein- before mentioned, the justices, council, or other persons having power at law to build, enlarge, or repair such prison, assembled at any gaol session or other formal meeting of their bod}'. THE PRISON ACT, 1805.- GO (/) The expression " Prison Authorities " has the same meaning also in The Prison Act, 1877. See s. 61 of that Act, post p. 198. (//) The Act 5 Geo. IV. c. 1 2 will be found in the Appendix. Sections 1, 4, and 5 of the Act provide for the holding of courts of gaol sessions. (Ji) The term " separate prison jurisdiction" is denned by s. 9 of this Act. ISee post p. 66. Definition of " J ustices in Sessi ons assemble.^. '"'' 6. The expression " Justices in Sessions assembled " shall mean as follows ;(i) that is to say, (1) As respects any prison belonging- to any county, except as hereinafter mentioned, or to any riding, division, hundred, or liberty of a county, having a separate court of quarter sessions, the justi ces in quarter sessions {/ assembled : * (2) As respects any prison belonging to any county divided into ridings or divisions, and main- tained at the common expense of such ridings or divisions, the justices of the county assem- bled at gaol sessions :(_/') (3) As respects any prison belonging to the city of London, or the liberties thereof, the court of the Lord Mayor and Aldermen : (4) As respects any prison belonging to any municipal borough, the justices of the borough assem- bled at sessions to be held by them at the usual time of holding quarterly sessions of the peace\or at such other time as they may appoint : 1 (5) As respects any prison belonging to any city, district, borough, or town having a separate prison jurisdiction, (k) and not hereinbefore mentioned, the justices or other persons hav- ing power at law to make rules for the government of such prison. (i) This expression has the same meaning also in The Prison A?t, 1877. See s. 61 of that Act. pott p. 198. G-i THE PRISON ACT, 1865. (j) As to the holding of courts of gaol sessions in such counties, sec the Act 5 Geo. IV. c. 12 ss. 1, 4, and 5. in the Appendix. (k) The term "separate prison jurisdiction" is defined by s. 9 of this Act. See post p. 66. Contracts, 8fc.j by Prison Authority in Counties. 7. The provisions of the Act of the twenty-first and twenty-second years of the I'eign of her present Majesty, chapter ninety-two, (7) shall apply to all contracts, mort- gages, or conveyances entered into or executed in pursuance of this Act by or on behalf of or with the justices of any county, riding, division, hundred, or liberty of a county in general or quarter sessions as- sembled ; and in the construction of that Act the expression "justices in quarter sessions assembled " shall include the justices of the county in gaol sessions as- sembled, in pursuance of the Act of the fifth year of King George the Fourth, chapter twelve, and shall also include the bailiff and justices of the liberty of Rom- ney Marsh assembled at any sessions or meeting. And all contracts, mortgages, or conveyances entered into or executed in pursuance of this Act by or on behalf of or with any other prison authority shall be entered into and executed in manner in which such instruments or deeds are usually entered into by such authority. (7) The Act will be found in the Appendix. THE PRISON ACT, 18G5. 65 PART I. THE MAINTENANCE AND GOVERNMENT OF PRISONS. Obligation to Maintain Pkisons. Maintenance of Prisons by separate Prison Jurisdiction. 8. There shall be provided, (in) at the expense of every county, riding, division, hundred, liberty, franchise, borough, town, or other place having a separate prison jurisdiction, (?i) adequate accommodation for its prisoners 'ulated m sucli in a prison or prisons constructed and regulated in such manner as to comply with the requisitions of this Act in respect of prisons. . ,# All expenses incurred by a prison authorit y m carry- ing into effect the provisions ot' tins" Act idiall be do- \ frayed ou t of the counu^a^ ^o^^r^^rn ^ne nature of a county rate^ borough rate, or other rate leviable in the county, riding, division, hundred, liberty, franchise, borough, town, or other place having a separate prison jurisdiction, (n) and applicab le to the maintenance of a ^i prison , or ou t oFany otner property applicable to that *\ purpose. (m) On and after the commencement of The Prison Act, 1877 (1st of April, 1878) the obligation of any county, riding, division, hundred, liberty, franchise, borough, town, or place, having a separate prison jurisdiction, to maintain a prison or to provide prison accommodation for its prisoners, is to cease (P. A., 1877, s. 16, post p. 1(33) ; and all expenses incurred in respect of the maintenance of the prisons to which The Prison Act, 1865, and that Act apply, and of the mainten- ance of the prisoners confined in them, are thenceforth to be defrayei 1 out of moneys provided by Parliament (P. A., 1877, s. 4,post p. 150). In other words, the expenditure in respect of those prisons will cease, at the period just mentioned, to be a local charge, and will become an imperial charge, and will be borne, not by the local rates, but by the Imperial Exchequer. The administration and general superintendence of the prisons in question, and the legal estate in them, will also be transferred, at the same time, from the various prison authorities or justices in sessions assembled to the Secretary of State for the Home 5 66 THE PRISON ACT, 1865. Department and to the Prison Commissioners, as constituted and appointed under the provisions of The Prison Act, 1877 (see ss.5,6, 9. 48 of the Act, post pp. 151. 153. 155. 191). That Act makes ample provision, however, for dealing with the contracts or obligations which may have been entered into by prison authorities, and with the ex- penditure which may have been incurred by one prison authority with regard to the reception into its prisons of prisoners belonging to some other prison authority, in providing a prison or prisons more than adequate for the accommodation of its own prisoners, or with regard to the construction of any building to be used as a prison, but which may not at the commencement of the Act be completed (see ss. 18, 19, 21, 22, 23, post pp. 164, 1G6, 16S, 169) ; and also for making allowance to any prison authority for any sum of money which it may have contributed towards the construction by some other pris >n authority of cell accommodation for the use of the prisoners of such contributing authority, where the cell accommodation has been con- structed accordingly (see s. 17 of the Act, jwst p. 163). («) See s. 9, infra. Definition of " Separate Prison Jurisdiction" 9. For the purposes of this Act (o) every county, rid- ing, division, hundred, liberty, franchise, borough, town, or other place shall be deemed to have a separate prison jurisdiction which maintains a separate prison, or would - be liable at law to maintain a separate prison if accom- modation were not provided for its prisoners in the prison of some other jurisdiction. Where a county is divided into ridings or divisions. and a prison is maintained at the common expense of such ridings or divisions, that county shall, in relation to such prison, and for the purposes thereof, be deemed to have a separate prison jurisdiction, notwithstanding a separate county rate is not levied in such county at large. (o) The term " separate prison jurisdiction" has the same meaning also in The Prison Act, 1877 (see s. 61 of that Act, post p. 198). Appointment of Officers. Officers of Prison. 10. There shall be appointed to every prison by the justices in sessions assembled, (p) THE PRISON ACT, 18G5. 67 A gaoler; (q) a chaplain, being a clergyman of the Established Church; (r) a surgeon, duly regis- tered as such, under the Act of the session of the twenty-first and twenty-second } T ears of the- reign of her present Majesty, chapter ninety ;(s) and such subordinate officers (t) as may be necessary. And to every prison in which females are confined, A matron and such subordinate female officers (t) as may be necessary. Provided, that in a prison where females only are im- prisoned, the matron shall be deemed to be the gaoler, and shall, so far as is practicable, perform all the duties and be subject to all the obligations of a gaoler in rela- tion to such prison. (p) The 81st section of the Act (see 2>ost p. 109) provides that nothing contained in the Act shall affect any right vested by Act of Parliament or charter in the council of any municipal borough of appointing a gaoler, chaplain, or other officer of the prison of such borough ; a right which was also reserved to such councils by The Municipal Corporation Act (5 & 6 W. IV. c. 76). But on and after the commencement (1st of April, 1878) of The Prison Act, 1877, the appointment of the officers of all the prisons to which that Act and The Prison Act. 18G5, apply, as well those of the prisons belonging to municipal boroughs, as those of other prisons, will become vested in the Secretary of State and. in some instances, in the Prison Commissioners (P. A., 1877, ss. 5, 9,2)ost pp. 151, 155) ; inasmuch as that Act, whilst it transfers the appointment of all officers of such prisons to the Secre- tary of State and, as already specified, to the Prison Commissioners, in general terms, does not make any provision for reserving to town councils the right above mentioned. (. 124). 0) The Act 21 & 22 Vict. c. 90 (An Act to Regulate the Qualifica- tions of Practitioners in Medicine and Surgery), as amended by the Act 23 Vict. c. 7 s. 3, provides (s. 36) that no person shall, after the 1st of January, 1861, hold any appointment as a physician, surgeon, or other medical officer, either in the military or naval service, etc., etc., or in any hospital, infirmary, etc., not supported wholly by voluntary contributions, or in any lunatic asylum, gaol, penitentiary, house of correction, house of industry, etc., or other public establishment, body, or institution, etc., ixnless he be registered under the former of those Acts. The Act also provides (s. 27) that the Registrar of the General Medical Council shall in every year cause to be printed, published, and sold, under the direction of the Council, a correct register of the names, in alphabetical order according to the surnames, with the respective residences, in the form set forth in Schedule D of the Act, or to the like effect, and medical titles, diplomas, and qualifications conferred by any corporation or university, or by doctorate of the Archbishop of Canterbury, with the dates thereof, of all persons appearing on the general register, as existing on the 1st of January in every year ; and that such register shall be called the " Medical Register," and that a copy of such register for the time being, pur- porting to be printed and published in the manner above described, shall be evidence in all courts and before all justices of the peace and others, that the persons therein specified are registered according to the provisions of the Act ; and that the absence of the name of any person from any such copy shall be evidence, until the contrary be made to appear, that such person is not registered according to the provisions of the Act ; but that, in the case of any person whose name does not appear in such copy, a certified copy, under the hand of the Registrar of the General Medical Council, or of any branch Council, of the entry of the name of such person on the general or local register, shall be evidence that such person is registered under the provisions of the Act. A book purporting to be a copy of the Medical Register, and profess- ing to be ' ; published and sold at the office of the General Council of Medical Education and Registration," has been held to be admissible as evidence, under the foresting provision of the 21 & 22 Vict. c. 90 (Pedgrift r. Chevallier, 8 C. B. N. S. 246). (Y) The 101th Prison Regulation (see Schedule I. of this Act, post p. 141) declares that all officers of a prison shall be deemed to be subordinate officers, with the exception of the gaoler, the chaplain, the surgeon, the matron, and any minister appointed under The Prison Ministers' Act, 1863. As to the appointment of subordinate officers of a prison on or after the commencement of The Prison Act, 1877, see s. 9 of that Act, post p. 1 •">.">. THE PRISON ACT, 1865. G9 Appointment of Chaplain to Two Prisons. 11. The same person may officiate as chaplain of any two prisons situate within a convenient distance from each other, if such prisons together are calculated to receive not more than one hundred prisoners ; but the chaplain of more than one prison, and the chaplain of any prison in which the average number of prisoners confined at one time during the three years next before his appointment has not been less than one hundred, shall not, whilst holding his chaplaincy, hold any bene- fice with cure of souls or any curacy. Assistant Chaplains and Deputy Gaoler. 12. The justices in sessions assembled (u) may appoint an assistant chaplain, being a clergyman of the Esta- blished Church, and a deputy gaoler, or either of such officers, to any prison which they deem sufficiently large to require the appointment of such officers, or either of them. («) See The Prison Act, 1877, s. 5,2)ost p. 151, and s. 10 of this Act, Note (_£>), ante p. 07. Notice to be sent to Bishop as to Chaplains and Assistant Chaplains. 13. Notice of the nomination of a chaplain or assistant chaplain to a prison shall, within one month after it has taken place, be transmitted to the bishop of the diocese in which the prison is situate, (v) and no chaplain or assistant chaplain shall officiate in any prison until he has obtained a licence for that purpose from the bishop of the diocese wherein the prison is situate, nor for any longer time than while such licence continues in force. (r) The notice of the nomination must be sent to. and the licence to officiate must be obtained from, the bishop of the diocese in which 70 THE PRISON ACT, 1865. t lie prison is actually situate, notwithstanding the provisions of the o7th section of this Act, which declares that every prison, whereso- ever situate, shall for all purposes be deemed to be within the limits of the place for which it is used as a prison (see the section, post p. 98). Tenure of Office and Salaries of Prison Officers. 14. Every officer of a prison appointed under this Act (to) shall hold his office during the pleasure of the justices in sessions assembled, and shall receive such salary as they may direct, subject to this proviso, that in the case of a municipal borough the amount of the salary of every prison officer appointed under this Act shall be approved by the council. (?c) As to the tenure of office, etc., of officers appointed before the commencement of this Act, see s. 79 of the Act, post p. 108 ; see also The Prison Act, 1877, s. 35, post p. 177. Superannuation of Officers. 15. If any officer of a prison has been an officer of such prison for not less than twenty years, and is not less than sixty years of age, or becomes incapable, from confirmed sickness, age, or infirmity, or injury received in actual execution of his duty, of executing his office in person, and such sickness, age, infirmity, or injury is certified by a medical certificate, and there shall be a report of the visiting justices testifying to his good conduct during his period of service, and recom- mending a grant to be made to him (such report to be made at some sessions of the justices holden not less than two months before the sessions at which the grant is made), the j ustices in sessions, assembl ed may grant to such officer, having regard to Lis length of service, an annuity, by way of superannuation allowance, not exceeding two-thirds of his sala ry jmd . emoluments, or a gratuity not exceeding "the auiount of his salary and emoluments, for one year ; any annuity or gratuity so fixed to be payable out of the rate^ lawfully applicable THE P1US0X ACT, 18G5. 71 to the payment of the salaries of such officers. Where the power to levy the last-mentioned rates is vested in a different body from the justices, the consent of such last-mentioned body shall be obtained to the amount of superannuation allowed, (x) (;c) The provisions of this section do not apply to the superannua- tion allowance of an officer appointed prior to the commencement (1st of February, 1866) of the Act. and such an officer is to remain entitled to the same superannuation allowance as if the Act had not passed ; hut the superannuation allowance of such an officer may neverthe- less, upon his own application, and with the consent of the justices in sessions assembled, be calculated upon the scale directed by this y section (^cc^J^MjstjoAOS). As to the granting of an annuity by way of superammlHTmalmwance, or the granting of a gratuity on his superannuation, etc., to an officer attached to a prison at the time of the commencement of The Prison Act, 1877, and as to the granting of fr'omnen sation to such an officer on the abolition of, or on his having retired trombus office, see ss. 36, 53 of that Act, post pp. 179, 194. Removal of Prison Officers from Apartments. 16. Whenever any officer of a prison is suspended, removed from, or resigns his office, or departs this life, the officer so suspended, removed, or resigning, and his family, and the family of every such deceased officer, shall quit the possession of the house or apartments in which he or they have previously resided by virtue of such office, when required so to do by notice under the hand or hands of two or more visiting justice or justices of the peace ;(?/) and if he or they refuse or neglect to give such possession for forty-eight hours after such notice as aforesaid has been given to him or them, any two justices, upon proof made to them of such removal, resignation, or death, and of the service of such notice, and of such neglect or refusal to comply therewith, may, by warrant under their hands and seals, direct any constable, within a period therein named, to enter by force, if necessary, into such premises, and deliver possession thereof to the prison 72 THE PRISON ACT, 1865. authority, (z) or to any person appointed by the visiting justices. (y) As to the exercise by the Prison Commissioners, on and after the commencement of The Prison Act, 1877, of the powers now exercise- able by the visiting justices of a prison, see s. 9 of that Act, post p. 155. (.) See The Prison Act, 1877, s. 5,2>ost p. 151. Discipline of Prisoners. Requisitions of Act as to Separation of Prisoners. 17. The requisitions of this Act with respect to the separation of prisoners are as follows : (a) (1) In every prison, separate cells shall be provided equal in number to the average of the greatest number of prisoners, not being convicts under sentence of penal servitude, who have been confined in such prison at any time during each of the preceding five years : (2) In every prison, punishment cells (b) shall be pro- vided or appropriated for the confinement of prisoners for prison offences : (3) In a prison containing female prisoners as well as males, the women shall be imprisoned in separate buildings or separate parts of the same buildings, in such manner as to prevent their seeing, conversing, or holding any inter- course with the men : (4) In a prison where debtors are confined, (c) means shall be provided for separating them alto- gether from the criminal prisoners : (5) In a prison where criminal prisoners (c?) are con- fined, such prisoners shall be prevented from holding any communication with each other, either by every prisoner being kept in a separate cell by day and by night, except when he is at chapel or taking exercise, or by every prisoner being confined by night to his THE PRISON ACT, 1SG5. 73 cell, and being subjected to such superintend- ence during the day as will, consistently with the provisions of this Act, prevent his communicating with any other prisoner. («) As to carrying these requisitions into effect, see ss. 33, 34 of the Act, post pp. 83, 84. (b) As to the certifying of punishment cells by an Inspector of Prisons, see s. 18, jwst p. 73. (e) The Prison Act, 1877, empowers the Secretary of State to appoint from time to time, by any general or special rule, in any county, a prison or prisons in which debtors and persons who ai'e not criminal prisoners may be confined daring the period of their imprisonment (see s. 26 of the Act, post p. 171). As to the making of rules by the Secretary of State with respect to the classification and treatment of prisoners confined for non-payment of sums in the nature of debts, see s. 38 of that Act, post p. 183. (d) As to the meaning of the term " criminal prisoner," see s. 4 of this Act, ante p. Gl, and s. 67, post p. 102. Cells to be certified for Confinement of Prisoners. 18. No cell shall be used for the separate confine- ment of a prisoner unless it is certified (e) by one of Her Majesty's Inspectors of Prisons to be of such a size, and to be lighted, warmed, ventilated, and fitted up in such a manner as may be requisite for health, and furnished with the means of enabling the prisoner to communi- cate at any time with an officer of the prison ; but a distinction may be made in respect of the use of cells for the separate confinement of prisoners during long and short periods of imprisonment, and in respect of the use of cells in which the prisoner is intended to be employed during the whole day, or for a long or short part thereof ; and the certificates of the Inspector may be varied accordingly, so as to express the period of im- prisonment for which each cell may be considered fit, and the number of hours in the day during which the prisoners may be employed therein. No punishment cell shall be used unless it is certified by such Inspector that it is furnished with the means 74 THE PRISON ACT, 18G5. of enabling the prisoner to communicate at any time with an officer of the prison, and that it can be used as a punishment cell without detriment to the prisoner's health, and the time for which it may be so used shall be stated in the certificate. Every certified cell shall be distinguished by a number or mark placed in a conspicuous position, and shall be referred to by its number or mark in the certificate of the Inspector ; and if the number or mark of any certified cell is changed without the consent of the Inspector, such cell shall be deemed to be an un- certified cell until a fresh certificate has been given. Any certificate given by an Inspector in respect of a cell may be withdrawn on such alteration taking place in such cell as to render the certificate, in his opinion, inapplicable thereto ; and upon a certificate in respect of a cell being withdrawn, that cell shall cease to be a certified cell for the purposes of this Act. If any prison authority feel aggrieved by the refusal of the Inspector to certify a cell for any of the purposes of this Act, it may appeal to one of Her Majesty's principal Secretaries of State, and his decision shall be final. (e) All cells certified before the commencement (1st of February, I860) of The Prison Act, 1865. by any Inspector of Prisons, as being fit to be used for the separate confinement of prisoners, are to be deemed to be cells certified for the purpose under that Act (P. A., I860, s. 75, post p. 107). Requisitions of Act as to Hard Labour. 19. Hard labour for the purposes of this Act shall be of two classes. (/) consisting, 1st, of work at the tread- wheel, shot drill, crank, capstan, stone-breaking, or such other like description of hard bodily labour as may be appointed by the justices in sessions assembled, (#) with the approval of the Secretary of State, which work is hereinafter referred to as hard labour of the THE PRISON ACT, 1865. 75 first class ; 2ndly, of such other description of bodily labour as may be appointed by the justices in sessions assembled, (g) with the approval of the Secretary of State, -which work is hereinafter referred to as hard labour of the second class ; and in every prison where prisoners sentenced to hard labour are confined, ade- quate means (having regard to the average number of such prisoners confined in that prison during the pre- ceding five years) shall be provided for enforcing hard labour in accordance with the regulations of this Act ; and no prison shall be deemed to be in con- formity with the requisitions of this Act with respect to the enforcement of hard labour, unless such means as aforesaid have been provided therein, and prisoners sentenced to hard labour have been employed thereat in manner provided by this Act : Provided, that em- ployment in the necessary services of the prison may, in the case of a limited number of prisoners, to be selected by the visiting justices, (h) as a reward for industry and good behaviour, be deemed to be hard labour of the second class. (/) The 34th, 35th, 36th, and 37th Prison Regulations in Schedule I. of this Act {post pp. 121, 122) direct under what circumstances and with reference to what prisoners each class of hard labour is to be enforced. With respect, however, to the 31th Regulation, which directs that a male prisoner of sixteen years and upwards, sentenced to hard labour, shall be kept to hard labour of the first class during the whole of his sentence, where it does not exceed three months, and during the first three months of his sentence, where it exceeds three months ; an important amendment, for the purpose of relaxing its operation, is made by The Prison Act, 1877, which enacts (s. 37, post p. 183) thai the Secretary of State may, in either of the cases just mentioned, substitute hard labour of the second class for hard labour of the first class during the last two of such three months, or any part of such last two months, and may make such substitution either by a general or special regulation, and either conditionally or unconditionally, and may from time to time vary any regulation so made. It is also provided by the section of the Act above re- ferred to, that the Secretary of State shall, in making any such regulations, have regard to the previous convictions, the industry, and the conduct of the prisoners. 76 THE PRISON ACT, 1SG5. (ff) On and after the commencement (1st of April, 1878) of The Prison Act, 1877, this power will be transferred to, vested in, and exerciseable by, the Secretary of State himself (P. A., 1877, s. 5, post p. 161). (/<) On and after the commencement of Ihe Prison Act. 1877, this duty will devolve on the Prison Commissioners, or on such person or persons as the Secretary of State may appoint (P. A., 1877, s. 9, post p. 155). Regulations as to Government of Prisons. 20. The regulations contained in the first schedule hereto, with respect to the government of prisons, shall be binding on all persons in the same manner as if they were enacted in the body of this Act. (i) (/') The regulations will be found in their proper place, post pp. 115 — 141. All rules in force in any prison, which were inconsistent either with this Act or with the regulations contained in the first schedule thereto, were declared by the Act to be repealed from and after its commencement, but all other rules in force in any prison were to continue in force until altered in the manner provided in the next section (see s. 80, post p. 109). The general prison rules made by the Secretary of State in pursuance of The Prison Act, 1S77, will be found in the Appendix, post pp. 279 — 293. , Rules in addition to Regulations in Schedule. 21. The justices in sessions assembled (j) shall make rules for the supply to all prisoners confined in prisons within their jurisdiction of a sufficient quantity of plain and wholesome food, regard being had, so far as relates to convicted criminal prisoners, to the nature of the labour required from or performed by such prisoners, so that the allowance of food may be duly apportioned thereto, and shall frame dietary tables for this purpose ; and the said justices may make rules in respect of any other matters relating to the government of prisons within their jurisdiction, in addition to the regulations in the said first schedule, and may from time to time repeal or alter any rules made or dietary tables framed in pursuance of this section ; but no rule or dietary table, or repeal or alteration of a rule or dietary THE PRISON ACT, 1865. 77 table, shall be valid under this section until one of Her Majesty's principal Secretaries of State has cer- tified his approval in writing under his hand ; and when such approval has been certified, such rule or dietary table, or repeal or alteration of a rule or dietary table, shall be binding on all persons in the same manner as if it were enacted by this Act. If the justices in sessions assembled make default in making rules and dietary tables that may be approved by the said Secretary of State in respect of the supply of food to prisoners in any prison within their jurisdic- tion, there shall be in force in such prison such rules or dietary tables with respect to such supply as may from time to time be determined by the said Secretary of State in writing under his hand. (j) The duty of making such rules will, on and after the commence- ment of The Prison Act, 1877. devolve upon the Secretary of State (see P. A., 1S77, s. 5, post p. 151). Inspector of Prisons to leave a Maude of Observations. 22. Upon visiting or inspecting a prison to which this Act applies, the Inspector shall, by letter addressed to the visiting justices, (k) call their attention to any irre- gularity he may have observed therein, or any complaint he may have to make against the buildings, the officers, or the discipline of the prison, and the visiting justices (k) shall enter a copy of such letter in their minute book. (/.■) See The Prison Act, 1S77, s. 9. post p. 15.5. Enlargement and Rebuilding of Prisons. Power to Build Prisons. 23. Subject to the conditions hereinafter mentioned, any prison authority may (/) alter, e nlarge, or rebuild any of its prisons, or may, if necessary^Surkl other prisons "•"*' in lieu of or in addition to any subsisting prisons, and may borrow money for the purpose of such alteration, enlargement, new building, or buildings, (>/;) 78 THE PRISON ACT, 1865. (f) Many of the provisions of the several sections contained in this and in the two nest succeeding divisions (■' contracts for maintenance , of prisoners and appropriation of prisons." and " penalty for inade- quate prisons ") of the Act, will, on the commencement of The Prison Act, 1877, cease to be operative so far as any new or further exercise of the various powers conferred by them is concerned ; but, inasmuch as contracts or other obligations at present in existence, or arrange- ' ments already made, may still be affected by them, it is considered desirable to retain them for the present in their place in the Act. (m) As to the manner in which the money may be borrowed, as to the security to be given, and as to the time within which repayment is to be made, see ss. 27, 28. 29, and the notes thereto, post pp. 79. 80. 81. "Where at the time of the passing (12th of July, 1877) of The Prison Act, 1S77, a prison authority may have contracted to construct a building to be used as a prison, but such building shall not at the commencement (1st of April, 1878) of that Act be completed or have become a prison within the meaning of the Act, the Secretary of State may, if he thinks fit so to do, allow the prison authority time to com- plete the building as a prison, and the building when so completed is to pass over to and vest in him as a prison completed at the commence- ment of the Act ; but if the Secretary of State does not think fit to allow time for the completion of such prison, he is nevertheless re- quired, in assessing the amount of compensation payable by the prison authority (P. A.. 1877, s. 17, post p. lf!3)in respect of cell accommoda- tion, to make, with the consent of the Treasury, from the compensation so payable, such deduction as. having regard to all the circumstances of the case, may be agreed upon, or as may, in the event of disagree- ment between the Secretary of State and the prison authority, be determined by arbitration (P. A., 1877, s. I9,jwst p. 1GG). Conditions as to Building Prisons. 24. The nece ssity for any alteration or enlargement, or for rebuilding ot an existing prison, or for~the Tinkl- ing of a new prison, shall be proved, in the case of a municipal borough, by the certificate of the recorder, or chairman of quarter sessions where there is no recorder, and in any other case by a presenjy nent of two or ^oi'Q- l| o f the vigit.ino- jnsHr.ps or other justices having jims'clic- t i on~ w ithin t h eel is !ri c t of the prison authority ; and the consideration of such certificate or presentment shall not be entertained by the prison authority, unless not less than three weeks' previous notice has been given in some one or more pu blic newspa pe r or newspap ers circulating within the district o^^^pnsorl^u'fnOTuy, of THE PEISON ACT, 18G5. 70 their intention to take the same into consideration at a time and place to be mentioned in such notice, and in every case the sanction of one of Her Majesty's (Secre- taries of State must be obtained to any such alteration, enlargement, rebuilding, or building. Mode of obtaining Sanction of Secretary of State to Building of Prisons. 25. In order to obtain the sanction of the Secretary of State to the alteration, enlargement, or rebuilding of any prison, the prison authority shall forward to him a ulan of the proposed alteration, enlargement, or new t umcfing, drawn on such scale and accompa nied with such piirtign lars as the said Secretary may determine, and shall acid thereto an estimate of the expense proposed to be incurred by the prison authority, and the amount of money proposed to be borrowed y and wherever a new prison is built, or an old prison is altered, enlarged, or rebuilt, a chapel or suitable room shall be provided, easy of access to the prisoners, and shall be strictly set apart for religious worship, or for the religious and moral instruction of the prisoners, and shall not be employed for any other purpose. Approval of Secretary of State. 26. The said Secretary of State may approve of the plans submitted to him with or without modification, or may disapprove of the same, and his approval or dis- approval shall be certified in writing under his hand. Charge of borrowed Moneys. 27. Any moneys borrowed by a prison authority may be charged by that authority on any county rate or rate in the nature of a county rate, borough rate, or other rate applicable to the maintenance of a prison, and leviable by that authority, or on any other property 80 THE PRISON ACT, 1865. belonging to that authority, and applicable to the same purpose as the said rates, and shall be repaid, (n) together with the interest due thereon, out of such rates or other property. (w) See s. 28 infra, and the note thereto. Certain Clauses of 10 & 11 Vict. c.lQ as to borrowing Money incorporated. 28. The clauses of " The Commissioners' Clauses Act, 1847," with the exception of the eighty-fourth clause with respect to mortgages to be created by the Commis- sioners, shall form part of, and be incorporated with, this Act ; and any mortgagee or assignee may enforce pay- ment of his principal and interest by appointment of a receiver. In the construction of the said clauses, " the Commis- sioners " shall mean " the prison authority." Where a prison authority borrows any money for the alteration, enlargement, or rebuilding of any prison, or the building of any new prison, it shall charge the rates or property out of which the moneys borrowed are payable, not only with the interest of the moneys so borrowed, but also with the payment of such further sum as will ensure the repayment (o) of the whole sum borrowed within thirty years ; or if the loan has been made by the Public Works Loan Commissioners, as defined by The Public Works Loan Act, 1853, within twenty years of the time of borrowing the same. (o) Although the local obligation of counties, boroughs, and other places to maintain prisons, or to provide prison accommodation for their prisoners, will cease on the commencement (1st of April. 1878) of The Prison Act, 1S77 (see s. 1(5 of that Act, post p. 163) ; and although the expenses incurred in respect of the maintenance of the prisons to which that Act applies, and of the prisoners in them, will at the same time cease to be a local charge, and become payable out of moneys to be provided by Parliament (see P. A., 1877, s. \,post p. 150), it is expressly provided by the Act (s. 20, post p. 167) that its provisions shall not (except with respect to contracts and obligations between THE PRISON ACT, 1865. 81 prison authorities themselves) affect any right or claim of any creditor of a prison authority under any contract legally made or in respect of any dealing legally had before its commencement, but that between such a creditor and the prison authority of which he is a creditor the contract may be enforced in the same manner in all respects as if the Act had not passed ; and also (s. 22, post p. ICO) that a prison autho- rity shall still defray, in the same manner as if the Act had not passed, (1) All debts due and sums of money payable in respect of contracts performed, dealings completed, or any matter or thing done before the commencement of the Act ; and (2) All mortgage debts (together with interest from time to time accruing thereon) con- tracted in respect of any prison. And it is declared that a mortgage debt shall, for the purposes of this provision, include any moneys, which, at the commencement of the Act, have been borrowed or contracted to be borrowed by a prison authority on the security of any prison, or on the security of any rate applicable to the payment of the expenses of a prison, and any debt or liability contracted before the same period, for the payment of which debt or liability money is authorised to be borrowed in pursuance of the 23rd section of this Act (see that section, ante p. 77). The Prison Act, 1877, provides, however (see s. 23, post p. 169), that where any contract or dealing, in which any prison authority is concerned is a continuous contract or dealing, to be performed partly before and partly after the commencement of the Act, and is not a contract or dealing which is declared by the Act to have determined, i.e. where the contract or dealing is not a contract or dealing, between two prison authorities (see s. 21 of the Act, post p. 168), and is not a mortgage debt, as above defined, such contract or dealing shall be deemed to be divisible ; and as to so much of it as is performable before the com- mencement of the Act, it shall create a debt or obligation to be discharged or performed by the prison authority concerned in it, and as to so much of it as is performable after the commencement of the Act, it shall create a debt or obligation to be discharged or performed out of moneys provided by Parliament. Public Works Loan Commissioners to lend Money for building Prisons. 29. The said Public Works Loan Commissioners as defined by The Public Works Loan Act, 1853, may advance to any prison authority, upon the security of any rate applicable to or chargeable with the mainte- nance of a prison, without any further security, for the purpose of altering, enlarging, or rebuilding any sub- sisting prison, or building any new prison in pursuance of this Act, such sums of money as may be recommended 6 82 THE PRISON ACT, 1865. by one of Her Majesty's principal Secretaries of State. Appointment of Surveyor-General of Prisons. 30. It shall be lawful for one of Her Majesty's principal Secretaries of State to appoint a proper person to be a Surveyor-General of prisons, for the purpose of advising prison authorities on the con- struction of prisons, and reporting to the Secretary of State on the several plans of prisons which may be sent to him for his report, and for the performance of such other duties connected with the construction of prisons as may be from time to time entrusted to him by the Secretary of State. Contracts for Maintenance of Prisoners and Appropriation of Prisons. Contracts by Prison Authorities for Maintenance of Prisoners. 31. Any prison authority may contract with any other prison authority having a prison in conformity with the requisitions of this Act, that the latter au- thority is to receive into and maintain in its prisons or one of its prisons all prisoners maintainable at the expense of the former authority, or any particular class or classes of such prisoners : Provided — That no such contract shall be valid unless the prison of the latter authority is approved by one of Her Majesty's principal Secretaries of State as being a fit prison to receive the prisoners contracted to be received there, {p) (p) As to the compensation to be made to any prison authority in respect of the accommodation which may have been provided by it for receiving the prisoners of some other authority, see The Prison Act, 1877, s. 18. post p. 164 ; and as to the determination of any contract made or obligation undertaken by any prison authority with any THE PRISON ACT, 18G5. 83 other prison authority for or in relation to the maintenance of any prison or prisoners, or any matter relating to such maintenance, see s. 21 of that Act, post p. 168. Expenses of Contracts between Prison Authorities. 32. A con tract entered into between prison autho-i rities for the reception into and the maintenance in the prison of the one authority of the prisoners maintain- able by the other authority may include the costs of conveying the prisoners to prison, an d all other costs incurred in respect of such prisoners. All moneys payable under the contract shall be raised in the same manner in which moneys for defray- ing the expenses of the prison for which a substitute is provided under the contract would be raiseable ; and where such expenses are not by law wholly defrayable out of one fund, and a difference arises between the several persons interested in the several funds appli- cable to defraying such expenses, as to what proportion ought to be applied to paying the expenses arising under the contract, such difference shall be settled by arbitration, in manner hereinafter mentioned, (q) (q) Sees. 51, post j>. 95. Appropriationof Prisons for purposesof Classification. 33. Where two or more prisons are within the juris- diction of the same prison authority, that authority may carry into effect the requisitions of this Act with respect to the separation of prisoners or the enforce- ment of hard labour (r) by appropriating particular prisons to particular classes of prisoners, (s) (/•) See ss. 17 and 18 of this Act, ante pp. 72, 73, as to the separation of prisoners, and s. 19, ante p. 74, as to the enforcement of hard labour. (*) As to the appropriation by the Secretary of State of particular prisons to particular classes of prisoners, see The Prison Act, 1877, ss. 24, 25, and 26, post pp. 170, 171. 84 THE PRISON ACT, 1865. Public Notice of Prisons being apjpi vpriated to certain Prsioners. 34. Where a change has been made as to the prison to which prisoners committed within the. jurisdiction of any prison authority may be sent by reason of such authority having appropriated any of its prisons to a particular class of prisoners, or having contracted with another prison authority for the reception of its prisoners, or from any other cause, notice of such change shall be published once at the least in each of two successive weeks in some newspaper or newspapers usually circu- lated within the jurisdiction of the said prison authority, and a copy thereof shall be served upon the gaoler of every prison within such jurisdiction. Penalty for Inadequate Prisons. Government Allowance withheld from inadequate Prisons. 35. Whenever it appears to one of Her Majesty's principal Secretaries of State that default has been made in any prison in complying with the requisitions of this Act in respect of the separation of prisoners, or of the enforcement of hard labour, or of providing a chapel or suitable room for religious worship, (t) it shall be lawful for the said Secretary of State to certify such non-compliance in writing under his hand to the Com- missioners of Her Majesty's Treasury; and upon such certificate being given, no contribution shall thenceforth be paid out of moneys provided by Parliament towards the expenses of maintaining any prisoners in that prison until the said Secretary of State has revoked his certificate, upon being satisfied that the defaulting prison has been brought into conformity with the requisitions of this Act, and then only from the date of such revocation : Provided — TH3 PRISON ACT, 18G5. 85 1st. That this section shall not affect the payment of any contribution payable on or before the thirty-first day of December, one thousand eight hundred and sixty-six : 2nd. That before the certificate of the said Secretary of State is given under this section with respect to any prison, a copy of the report of the Inspector of Prisons relating to that prison, and a statement of the grounds on which the said Secretary proposes to give his certificate, shall be sent to the prison authority ; and it shall be lawful for such authority, upon receiving a copy of the said report and statement, to address any expla- nations or observations relating thereto to the said Secretary of State : 3rd. Whenever the certificate of the Secretary of State is given under this section in respect of a prison, a copy of the said statement of grounds, accompanied with any such explan- ations or observations as aforesaid, shall be laid before Parliament. (f) As to the separation of prisoners, see ss. 17 and 18 of this Act, ante pp. 72, 73 ; as to the enforcement of hard labour, s. 19, ante p. 74 ; and as to providing a chapel or suitable room for religious worship, s. 25, ante p. 79. Power of Secretary of State to close inadequate Prisons. 36. If at any time it appear to one of Her Majesty's principal Secretaries of State that a prison authority has, in respect of any prison within its jurisdiction, made default for four successive years in complying with the requisitions of this Act with respect to the separation Of prisoners, or with respect to the enforce- ment of hard labour, or with respect to providing a chapel or suitable room for religious worship, (u) the said Secretary of State may, by notice under his hand, 86 THE PEISON ACT, I860. addressed to the authority of that prison, and forwarded by post in a prepaid letter to the gaoler of the prison, or otherwise delivered to him, require that authority, within a time specified in such notice, to bring such prison into conformity with the requisitions of this Act with respect to such matters as aforesaid, or to exercise the powers given to such authority by this Act of con- tracting for the removal of the whole or a number of its prisoners, proportioned to the inadequacy of its prison in respect of such separation or means of pro- viding such hard labour, to some other prison where means exist for carrying into effect the requisitions of this Act with respect to the separation of prisoners or means of enforcing hard labour; and if any prison authority to whom such notice is given fail, within six months after the receipt thereof, to comply with the requirements thereby made, the said Secretary of State may order the said inadequate prison to be closed, (v) and direct the removal of the prisoners therein, and the committal of future prisoners to some other prison, the authority of which may be willing to receive them ; and upon such order being made it shall be the duty of the gaoler of the said inadequate prison, without further warrant, to remove all the prisoners therein to the substituted prison named in the order of the Secretary of State, and such substituted prison shall thenceforth, and so long as such order is in force, for all purposes relating to the committal, detention, trial, and punish- ment of the prisoners so removed, and of the prisoners committed thereto in pursuance of this section, be deemed to be the prison of the defaulting authority, and that authority shall pay, out of any rates or moneys applicable to the support of the inadequate prison, all expenses incurred in and about the closing of that prison, and the removal of the prisoners therein to the substituted prison ; and all expenses incurred by the authority of the substituted prison in respect of the THE PRISON ACT, 18G5. 87 prisoners committed to that prison in pursuance of this section shall be defrayed by the authority of the in- adequate prison in the same manner in all respects as if that authority had contracted in pursuance of this Act with the authority of the substituted prison for the reception in the last-mentioned prison of prisoners be- longing to the authority of the inadequate prison. Notice of any order made by the said Secretary of State in pursuance of this section shall be published in the London Gazette, and once at least in two successive weeks in one of the newspapers usually circulating in the county, city, borough, or place in which the prison to which the order relates is situate, and a copy of the gazette or newspaper containing such order shall be conclusive evidence of its contents. (u) See Note (t), ante p. 85. («) As to the power of the Secretary of State, under The Prison Act, 1877, to discontinue prisons, see ss. 33, 34 of that Act, post pp. 175, 176. Offences in relation to Prisons. Assisting Prisoners to Escape. 37. Every person who aids any prisoner in escap- ing or attempting to escape from any prison, or who, with intent to facilitate the escape of any prisoner, conveys or causes to be conveyed into any prison any mask, dress, or other disguise, or any letter, or any other article or thing, (iv) shall be guilty of felony, and on conviction be sentenced to imprisonment with hard labour for a term not exceeding two years. (w) A crowbar has been held to be an " article or thing " within the meaning of this section, and a person who, with intent to facilitate the escape of a prisoner, conveyed such an instrument into a prison to be consequently guilty of felony (The Queen v. Payne. 35 L. J. Ken. (N. S.) M. C. 170 ; Law Rep. 1 C. C. R. 27). Punishment for carrying Spirituous Liquors or Tobacco into Prison. 38. Every person who, contrary to the regulations 88 THE PRISON ACT, 1865. of the prison, brings or attempts by any means what- ever to introduce into any prison any spirituous or fermented liquor or tobacco, and every officer of a prison who suffers any spirituous or fermented liquor or tobacco to be sold or used therein, contrary to the prison regulations, on conviction (x) shall be sentenced to imprisonment for a term not exceeding sixmonths, (y) or to a penalty not exceediug twenty pounds, or both, in the discretion of the court ; and every officer of a prison convicted under this section shall, in addition to any other punishment, forfeit his office and all arrears of salary due to him. (x) As to the prosecution of offences and the recovery of penalties, see s. 52. post p. 95. (y) That is, calendar months, 13 & 14 Vict. c. 21 s. 4. Punishment for carrying Letters into and out of Prisons. 39. Every person who, contrary to the regulations of a prison, conveys or attempts to convey any letter or other document, or any article whatever not allowed by such regulations, into or out of any prison, shall on conviction incur a penalty not exceeding ten pounds ; and if an officer of the prison, shall forfeit his office and all arrears of salary clue to him; but this section shall not apply in cases where the offender is liable to a more severe punishment under any other provision of this Act. (V) (z) As to the prosecution of offences and the recovery of penalties. see s. 52, post p. 1)5. The present section applies to cases where the act is clone or attempted to be done contrary to the regulations of a prison merely, and where the '-intent to facilitate the escape " of any prisoner is wanting. As to cases under other provisions of the Act, see s. 37, ante p. 87. Notice of Penalties to be placed outside of Prison. 40. The visiting justices (a) shall cause to be affixed in a conspicuous place outside the prison a notice setting THE PRISON ACT, 1865. . 89 forth the penalties that will be incurred by persons committing any offence in contravention of the three preceding sections. (a) See The Prison Act, 1877, s. 9, post p. 155. Discharge of Prisoners. When Term of Imprisonment expires on Sunday, Prisoner to be discharged on preceding Day. 41. Any prisoner confined in a prison, -whose term of imprisonment would, according to his sentence, expire on any Lord's Day, shall be entitled to his discharge on the Saturday next preceding such Lord's Day ; and every gaoler of every prison having the custody of any such prisoner as aforesaid is hereby required and authorized to discharge such prisoner on the Saturday next preceding any such Lord's Da}\ Allowance to discharged Prisoner. 42. Where any prisoner is discharged from prison, e visiting justices may order a sum of money not exceeding two pounds to be paid out of any moneys under their control, and applicable to the payment of expenses of the prison, by the gaoler, to the prisoner himself, or to the treasurer of a certified Prisoners' Aid Society, (b) on his receiving from such Society an under- taking in writing, signed by the secretary thereof, to apply the same for the benefit of the prisoner, or, if that becomes impossible, to appropriate the whole or any unapplied part thereof for the benefit of such other prisoner or prisoners discharged from the said prison as the visiting justices may direct, (c) (?;) As to the manner in which a Prisoners' Aid Society may be certified, see the Act, 25 & 26 Vict. c. 44 s. 1, in the Appendix. (ost pp. 175, 176. Conditions of Sale. 47. No sale or purchase shall be made in pursuance of this Act by a prison authority, unless not less than three weeks' previous notice has been given in some one or more public newspaper or newspapers circulating within the district of the prison authority, of their intention to take into consideration the propriety of making such a sale or purchase at a time and place to be mentioned in such notice. Any sale in pursuance of this Act may be made by private contract or public auction, and subject to any special conditions as to title or other matters the vendors may think expedient. No purchaser shall be required to examine into the propriety of the sale of any prison or land in pursuance of this Act, or into the appropria- tion of any moneys paid by him to the vendors ; and any such sale shall, in the absence of actual fraud on his part, be valid so far as he is concerned, notwith- standing any omission to give such notice as aforesaid, or any other impropriety in the sale or misapplication of the purchase money. Miscellaneous. Inquests on Prisoners. 48. It shall be the duty of the coroner having juris- diction in the place to which the prison belongs to hold an inquest on the body of every prisoner who may die within the prison. Where it is practicable, one clear day shall intervene between the day of the death and 94 THE PRISON ACT, 1SG5. the day of the holding the inquest ; and in no case shall any officer of the prison, or any prisoner confined in the prison, be a juror on such inquest, (g) ((/) The Prison Act, 1877, further provides (s. 44, post p. 187) that in no case where an inquest is held on the body of a prisoner who dies within the prison, shall any person engaged in any sort of trade or dealing with the prison be a juror on the inquest. With regard to the time of holding an inquest upon the body of a prisoner who may die within a prison, it should be observed that The Capital Punish- ment Amendment Act, 1868 (31 Vict. c. 24), requires (s. 5) the coroner of the jurisdiction to which the prison belongs wherein judgment of death is executed on any offender, to hold an inquest on the body of the offender " within twenty-four hours after the execution." The Act also prohibits, in terms similar to those of the above section, any officer of or prisoner confined in the prison from being a juror on the inquest. The Act will be found in the Appendix. General Issue may be pleaded to Action. 49. If any suit or action is prosecuted against any person for anything done in pursuance of this Act, such person may plead the general issue, and give this Act and the special matter in evidence, at any trial to be had thereupon, and that the same was done by authority of this Act ; and if a verdict passes for the defendant, or the plaintiff becomes nonsuited, or discontinues his action after issue joined, or if, upon demurrer or other- wise, judgment be given against the plaintiff, the defen dant shall recover double costs, and hn.vft_t.hpi like remed y for the samp* «■« an y rlp.fpnrla.nt, hath by law in other cases; and though a verdict be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unles sthe judge before whom the trial take__jjlace_certifiesTiTs approbation of the action and of the verdict ol^me"d~thefeTipon. Venue where laid. - 50. All actions, suits, and prosecutions commenced against any person for anything done in pursuance of this Act shall be laid and tried in the county or place THE PRISON ACT, 1S65. 95 where the Act complained of was committed, and shall be commenced within six calendar months after the committal thereof, and not otherwise. Provision as to Arbitration. 51. Any difference authorized or directed by this Act to be settled by arbitration (h) shall be referred to the arbitration of a barrister-at-law to be appointed in writing, on the application of any party to the differ- ence, by any judge of assize of the last preceding or of the next succeeding circuit ; and all the provisions of "The Common Law Procedure Act, 1854," relating to compulsory references, shall be deemed to extend to any such arbitration, with this addition, that it shall be obligatory on the arbitrator, at the request of any party to the difference, to state a special case for the opinion of a superior court. (h) As to the differences which may be settled by arbitration under the provisions of this Act, see s. 82, ante p. 83. The Prison Act, 1877, also makes provision (s. 55, post p. 194) for the reference to arbitra- tion, under certain conditions, by the Secretary of State and prison authorities, of any matter or difference. Recovery of Penalties. 52. Offences under this Act, with the exception of felonies, (r) and of offences for the mode of trial of which express provision is made by this Act, (j) shall be prosecuted summarily before two justices acting for the division or place where the matter requiring the cognizance of such justices arises, and in manner directed by the Act of the session holden in the eleventh and twelfth years of the reign of her present Majesty, chapter forty- three, and any Act amending the same. {i) Sees. 37, ante p. 87. (j) See The Prison Regulations 56, 57, 58, in Schedule I. of this Act, post pp. 128, 198. 96 the prison act, 1865. Visiting Justices. Appointment of Visiting Justices. 53. The justices within every prison jurisdiction, in sessions assembled, shall, (k) at their first sessions in each year, nominate two or more justices, with their consent, to be visitors of each prison within their jurisdiction, with power, if they think fit, to declare such nomina- tion to be for the whole year, or to renew the same, or make a fresh nomination in each succeeding quarter of the year ; and one or more of the visiting justices so appointed shall from time to time visit and inspect each prison, and shall examine into the state of the buildings, so as to form a judgment as to the repairs, additions, or alterations which may appear necessary, strict regard being had to the requisitions of this Act with respect to the separation of prisoners and en- forcement of hard labour in prisons, and shall further examine into the conduct of the respective officers, and the treatment and conduct of the prisoners, the means of setting them to work, the amount of their earnings, and the expenses attending the prison, and shall inquire into all abuses within the prison, and shall take cognizance of matters of pressing necessity, and within the powers of their commission as justices, and regulate the same, and shall once at least in each quarter of a year make a report to the justices in sessions assembled. (It) This section and the following section are both repealed by The Prison Act, 1877, s. 13 (seepost p. 158), from the commencement (1st of April, 1878) of that Act. and provision, is therein made for the appointment for every prison of a " visiting committee," the members of which are to be justices of the peace, and which is, to some extent, to take the place of the visiting justices. Some of the duties of the visiting committee are pointed out by the 14th section of the Act just mentioned, but the Secretary of State is also re- quired to make and publish rules with respect to the duties of the committee, and to those rules they are required to conform (see THE PRISON ACT, 1865. 97 P. A., 1877, ss. 13, li,post pp. 158-1G0). The Act also declares (s. 14, post p. 160) that the visiting committee shall be deemed to be visit- ing justices for all the purposes of the regulations relating to the punishment of prisoners numbered 58 and 59 in Schedule I. of this Act (see post p. 129), or either of those regulations, and that any member of a visiting committee may exercise any power, or do any act, or receive any report which any one justice may exercise, do, or receive under those regulations or either of them. But no offender is to be punished, under those regulations or either of them, by personal correction, except in pursuance of the order of two justices of the peace, after such inquiry upon oath and deter- mination concerning the matter reported to them as is mentioned in the said 58th regulation. Power to make Rules as to Visiting Justices. 54. The justices in sessions assembled may make rules (7) with respect to the duties of visiting justices, and from time to time repeal or alter any rule so made, and make other rules in addition thereto or in sub- stitution therefor, but no rules shall be valid which are inconsistent with any provision of this Act. {I) See Note (k) to s. 53, ante p. 9G. Visits to Prison by any Justice, ft, ' 55. Any justice of the peace having jurisdiction in the place to which a prison belongs may, (in) whenever he thinks fit, enter into and examine the condition of such prison, and of the prisoners therein, and he may enter any observations he may think fit to make in reference to the condition of the prison, or abuses therein, in the visitors'-book to be kept by the gaoler ; and it shall be the duty of the gaoler to draw the attention of the visiting justices, at their next visit to the prison, to any entries made in the said book ; but he shall not be entitled in pursuance of this section to visit any prisoners under sentence of death, or to communicate with any prisoner, except in reference to the treatment in prison of such prisoner, or to some 7 98 THE PRISON ACT, 1865. complaint that such prisoner may make as to such treatment. (in) This section is repealed by The Prison Act, 1877, s. 15, and the enactment continued in that section is to take effect instead (see the section, post p. 161). PART II. Law of Prisons. Abolition of Distinction between Gaol and House of Correction. 56. Subject to the provisions of this Act with respect to the appropriation of prisons to particular classes of prisoners, (n) every prison to which this Act applies shall be deemed to be a gaol and house of correction, but no class of prisoners that have not previously to the commencement of this Act been confined in any prison shall be confined there until one of Her Majesty's principal Secretaries of State has certified that such prison is a fit place of confinement for that class of prisoners. (n) See ss. 17, 18 of this Act, ante pp. 72, 73. Jurisdiction over Prison. 57. Every prison, wheresoever situate, shall for all , ' purposes be deemed to be within the limits of the place for which it is used as a prison. Custody of Prisoners. 58. Every prisoner confined in a prison shall be deeme d J o be in the legal custod y (o) of the gaoler, ! pro - vided that nothing in this Act contained shall affect trie jurisdiction or responsibility of the sheriff in respect of prisoners under sentence of death, or his jurisdiction or control over the prison where such prisoners are con- THE PRISON ACT, 18G5. 99 fined, and the officers thereof, so far as may be neces- sary for the purpose of carrying into effect the sentence of death, or for any purpose relating thereto ;\ and in any prison in which sentence of death is required to be carried into effect on any prisoner, whether such prison is or not the common gaol of the county, the sheriff shall, for the purposes of carrying that sentence into execution, be deemed to have the same jurisdiction with respect to such prison as he has by law with respect to the common gaol of a county, or would have had if this Act had not passed. (o) As to the legal custody of a prisoner, see also The Prison Act, 1877, s. 28, post p. 172 ; and as to the jurisdiction or responsibility of the sheriff in respect of prisoners under sentence of death, see s. 32 of that Act, pott p. 171. Security io Sheriff. 59. The gaoler of any prison in which debtors are confined shall give security to the sheriff {p) for their safe custody to such amount as may be determined by agreement, or, in default of agreement, may be settled by the justices in sessions assembled ; and any such security may be given to the sheriff and his successors in office, and shall be deemed to enure to the benefit of each succeeding sheriff in the same manner as if he were individually named therein. (p) This Act, whilst it abolished the liability of the sheriff for the escape from prison of all other prisoners, continued that liability in the case of debtors (s. 60, post p. 100). Henca the requirement made in this section that the gaoler of a prison in which debtors are con- fined should give security to the sheriff for their safe custody to the amount and in the manner therein specified. The Prison Act, 1877, expressly declares (s. 31, post p. 171), however, that ou and after the commencement (1st of April, 1878) of that Act, the sheriff shall not be liable for the escape of any prisoner. At that date, therefore, the liability of the sheriff for the escape even of debtors will cease ; and as he will be no longer liable for their escape, so the gaoler of any prison in which debtors are confined will be no loDger required to give security to him for their safe custody. 100 THE PRISON ACT, 18G5. Responsibility of Sheriff. 60. The sheriff shall not be liable for the escape from imprisonment of any prisoner other than a debtor. (q) (q) On and after the commencement (1st of April, 1878) of The Prison Act, 1877, the sheriff is not (s. 31, -post p. 17-1) to be liable for the escape of any prisoner. He will, therefore, at that date cease to be liable for the escape of even a debtor from prison. Descriptio?i of Prison in Writ. 61. Any writ, warrant, or other legal instrument addressed to the gaoler of a particular prison, describ- ing the prison by its situation or other definite descrip- tion, shall be valid, by whatever title such prison is usually known, or whatever be the description of the prison, whether gaol, house of correction, bridewell, penitentiary, or otherwise, (r) (r) The distinction between a gaol and a house of correction is practically abolished by s. 56 of this Act {ante p. 98). Gaoler of Prison to deliver Calendar. 62. The gaoler of every prison shall deliver or cause to be delivered to the judges of assize, and to the justices in quarter sessions, a calendar of all prisoners in custody for trial at such assizes or gaol* sessions, in the same way as the sheriff of a county has hitherto been required by law to deliver a calendar of such prisoners when committed to the common gaol of the county, and the sheriff shall no longer be required to deliver or cause to be delivered such calendar. Removal of Prisoners for Trial. 63. A prisoner may be brought up for trial, and may be removed by or under the direction of the gaoler from one prison to another, or from one place * Sic. in Stat. THE PRISON ACT, 1865. 101 of confinement to another, to which such prisoner may be legally removed, for the purpose of being tried or undergoing his sentence ; and no prisoner whilst in the custody of a gaoler shall be deemed to have escaped, although he may be taken into different jurisdictions or different places of confinement, (s) (,s) As to the legal custody of prisoners whilst being taken to or from prison, see The Prison Act, 1877, s. 28, post p. 172. Removal of Prisoners in other Cases. 64. Prisoners may be removed from one prison to another prison or place of confinement within the jurisdiction of the same prison authority, or to the prison of any other authority, with the consent of such last-mentioned authority, by order of the justices in sessions assembled, for the purpose of enabling any prison to be altered, enlarged, or rebuilt, or in case of a contagious or infectious disease breaking out in any prison, or for any other reasonable cause ; and in case of emergency such removal may be made in pursuance of an order under the hands of the visiting justices ; and any prisoners removed from a prison in pursuance of this section may, by order of the justices in sessions assembled, be taken back by the gaoler to the prison from whence they were removed, or be removed to any other place in which they can legally be im- prisoned. Her Majesty may order Prisoners to he removed from one Prison to another. 65. It shall be lawful for Her Majesty, by an order /■ of any competent authority, for any offence committed by him, to be removed from the prison in which he is 102 THE PRISON ACT, 1SG5. confined to any other of Her Majesty's prisons within England and Wales, there to be imprisoned during his term of imprisonment, (t) (t) See also The Prison Act, 1877, s. 25, post p. 171. Custody and Trial of Prisoners in a substituted Prison. 66. Where a prison authority, in this section called the contracting authority, has contracted with any other prison authority, in this section called the re- ceiving authority, that the receiving authority is to receive into and maintain in its prison any prisoners maintainable at the expense of the contracting autho- rity, the prison of the receiving authority shall for all the purposes of and incidental to the commitment, trial, detention, and punishment of the prisoners of the contracting authority, or any of such purposes, according to the tenor of the contract, be deemed to be the prison of the contracting authority, except that the contracting authority shall have no right to inter- fere in the management of the prison of the receiving authority, (u) (it) The 57th section of this Act (ante p. 98) declares that every prison shall, for all purposes, be deemed to be within the limits of the place for which it is used as a prison. As to the power of prison authorities to contract for the purposes referred to in this section, see ss. 31 and 32 of this Act, ante pp. 82, 83. As to the determination of contracts thus made between prison authorities, see The Prison Act, 1877, s. 21, post p. 168. Misdemeanant of First Division. 67. In every prison to which this Act applies, prisoners convicted of misdemeanor, and not sentenced to haid labour, shall be divided into at least two divi- sions, one of which shall be called the first division ; and \vh never any person convicted of misdemeanor THE PRISON ACT, 1865. 103 is sentenced to imprisonment without hard labour, it shall be lawful for the court or judge before whom such person has been tried t o orde r, if such court or judge think fit, t hat such person shall h ft trpnt p,] ;isi n. mis- demeanant of the first division and a misdemeanant of the first division shall not be deemed to be a criminal prisoner within the meaning of this Act (v). (u) The meaning of the term " criminal prisoner " is defined in s. 4, ante p. 61. As to the power of the Secretary of State to appoint in any county a prison or prisons in which debtors and prisoners who are not criminal prisoners may be confined, see The Prison Act, 1877, s. 26, post p. 171. Any prisoner under sentence inflicted on conviction for sedition or seditious libel, is to be treated as a misdemeanant of the first division within the meaning of this section, notwithstanding any statute, provision, or rule to the contrary (P. A., 1877, s. 40, post p. 186); and any person who shall be imprisoned under any rule, order, or attachment for contempt of any court is to be in like manner treated as a misdemeanant of the first division (P. A., 1877, s. 41, post p. 186). The special rules relating to misdemeanants of the 1st division, made in pursuance of the Prison Act, 1877, will be found in the Appendix, post p. 272. PART III. Discontinuance of certain Prisons. Prohibition of Committals to Prisons in Second Schedule. 6§. After the commencement of this Act no person shall be committed to any of the prisons mentioned in the second schedule hereto, (w) All persons who before the passing of this Act might lawfully have been committed to any of the said scheduled prisons shall, after the passing thereof, be committed to the prison of the county in which the said scheduled prison is situated ; and such county prison shall, for all purposes relating to or conse- quential on the committal, trial, detention, or punish- ment of prisoners committed or removed thereto in 104 THE PRISON ACT, 1865. pursuance of this part of this Act, be regarded in law as if it were the said scheduled prison. In this part of this Act, so far as it relates to the prison at Richmond in the said second schedule men- tioned, " county " shall mean the north riding of York- shire, and so far as relates to the prison at Rye in the same schedule mentioned the county gaol of Lewes shall be deemed to be the prison of the county. (w) See the schedule, post p. 142. Removal of Prisoners in Scheduled Prisons. 69. As soon as conveniently may be after the com- mencement of this Act the gaoler of each of the said scheduled prisons shall, without writ of habeas corpus or other writ for that purpose, remove every prisoner under sentence or committed for trial in such prison to the prison of the county in which the said scheduled prison is situate, and deliver such prisoner into the custody of the gaoler of the said county prison, toge- ther with the writ and other process under which the prisoner was arrested or confined ; and the gaoler of the said county prison shall be bound to receive such prisoner, and shall give a receipt to the gaoler of the said scheduled prison for every prisoner removed in pursuance of this section. Expenses of P?nsoners confined in County Prisons under Act. 70. The expenses which may be incurred by any county in the conveyance, transport, maintenance, safe custody, and care of every prisoner confined, in pur- suance of this part of this Act, in the county prison instead of in one of the said scheduled prisons, in- cluding the expenses of the removal of the prisoners from one prison to another, shall be defrayed in manner provided by law in cases where the prisoners com- mitted for offences arising within any borough or THE PRISON ACT, 18G5. 105 other place that does not contribute to the county- rate are sent to any prison of a county, and there is no special contract between such borough or other place and the county relative to such prisoners. Qv) (x) The expenses incurred in respect of the maintenance of all prisons to which this Act and The Prison Act, 1877, apply, and of the prisoners in those prisons, are, on and after the commencement of the last-mentioned Act, to be defrayed out of moneys provided by Parliament. (See s. 4 of that Act, post p. 150.) Power to use Scheduled Prisons as Lock-up Houses. 71. The prison authority of any of the said scheduled prisons may sell the same in manner provided by this Act (?/) in case where a prison appears to a prison authority to be unnecessary by reason of its having provided for the accommodation of its prisoners in some other adequate prison, or may, with the sanction of the said Secretary of State, cause the same to be used as a police station house or a lock-up house, and the money arising from any sale made in pursuance of this section shall be applied in discharging any expenses that may be incurred by such authority in the maintenance of its prisoners, or otherwise in aid of the rate applicable to prison purposes. (y) See ss. 46, 47, ante pp. 92, 93. Power to alloiv Compensation to Persons deprived of Office. 72. The justices in sessions assembled having juris- diction over each of the said scheduled prisons may allow such compensation or allowance as they think fit to any person who, by reason of the passing of this part of this Act, is deprived of any salary or emolu- ments, so that no such compensation or allowance exceeds the proportion of the salary and emolument, if any, which might be granted under similar circumstances to a person in the civil service under the Acts for regu- 106 THE PRISON ACT, 1865. lating such compensations or allowances for the time being in force ; and any compensation or allowance so allowed shall be paid out of any rates applicable to the payment of the salaries of such officers, subject to this proviso, that when the power to levy such rates is vested in a different body from the justices, the con- sent of such last-mentioned body shall be obtained to the amount allowed. PART IV. Repeal of Statutes, and Saving Clauses. Acts and Parts of Acts in Third Schedule repealed. 73. After the commencement of this Act there shall be repealed the several A^ ^ specified in the third schedule hereto to the extent in the said schedule mentioned, (z) (z) See the Schedule, post pp. 142, 143. 144. Those portions of the statutes in question which are still unrepealed, and which apply to prisons, together with several other statutes and parts of statutes relating to the same subject, will be found in their proper chrono- logical order in the Appendix. No Repeal hereby enacted to affect any Order made, etc. 74. No repeal hereby enacted shall affect — i 1. Any order made, sentence passed, or other Act or thing duly done under any Acts hereby repealed : 2. Any right or privilege acquired, any security given, or other liability incurred under any Act hereby repealed : 3. Any penalty, forfeiture, or other punishment in- curred in respect of any offence against any Act hereby repealed : 4. Any appointment to an office made under any Act hereby repealed, or any power of removing THE PRISON ACT, 1865. 107 the holder of such office, or otherwise dealing with such office as respects the existing holder thereof in manner provided by any Act here- by repealed : (a) 5. The power of committing prisoners to any prison, except in so far as the same may be altered in pursuance of powers given by this Act. (a) See also s. 79, post p. 108. Certificates as to Cells. 15. All cells certified before the commencement of this Act by any Inspector of Prisons as being fit to be used for the separate confinement of prisoners shall be deemed to be cells certified for such purpose under this Act. (6) -■*- (b) The Act came into operation on the 1st of February, 1866 (s. 2, ante p. 60). As to the certifying of cells for the separate confine- ment of prisoners under this Act, see s. 18, ante p. 73. Saving as to repealed Provisions referred to in other Acts. 16. Any unrepealed Act of Parliament in which reference is made to the provisions of any Act hereby repealed shall be construed as if in such first-mentioned Act reference had been made to the corresponding pro- visions of this Act. Saving as to meaning of Gaol Act, 25 # 26 Vict. c. 44. 11. In the construction of the Act of the twenty-fifth and twenty-sixth years of the reign of her present Majesty, chapter forty-four, (c) the expression " The Gaol Act " shall mean this Act instead of the Act therein referred to. (c) The Act, 25 & 26 Vict. c. 44, will be found in the Appendix. 108 THE PRISON ACT, 1865. Saving of Rights of Creditors. 78. Nothing in this Act contained shall affect the right of any creditor who may have advanced any mone} r s for building, repairing, or otherwise for the purposes of any prison discontinued in pursuance of this Act, (d) or may have advanced any moneys on any mortgage or other security; and it shall be lawful for such creditor to pursue any remedies for recovering the principal or interest moneys due to him, and to enjoy the benefit of any security of which he may be possessed, in the same manner as if this Act had not passed, and as if the Acts hereby repealed had remained in full force. (d) See s. 36. ante p. 85 ; s. 68, ante p. 103 ; and Schedule II. of this Act, j)o st p. 141. Saving of Superannuation Allowances. 19. Nothing in this Act (e) contained shall affect the tenure of office or salary or super annuation allowance o f any officer of a prison, not beingone of the said scheduled / prisons, (/) appointed prio r to the co mmencement of this Aet , (g) but such officer"" shall remain entitled to the same tenure of office, salary, and superannuation allow- ance as if this Act had not passed : Provided that the superannuation allowance of any prison officer appointed before the commencement of this Act may, on the application of such officer, and with the consent of the justices in sessions assembled, be calculated on the same scale on which the superannuation allowances of officers appointed after the passing of this Act are directed to be calculated. (A) (e) As to the tenure of office and salary of prison officers appointed under this Act, see s. 14, ante p. 70 ; and as to the superannuation allowances to be made to officers, see s. 15, ante p. 70. (/) See s. 73, ante p. 105, and Schedule II. of this kct,j)Ost p. 142. (g) The Act came into operation on the 1st of February, 1866 (s. 2, ante p. 60). (//) See s. 15, ante p. 70. * yi ii THE PRISON ACT, 1865. 109 Saving as to Rules. 80. All rules in force in any prison that are incon- sistent with this Act, or the regulations in the schedule hereto, (i) shall be repealed from and after the commence- ment of this Act, but all other rules in force in any prison shall so continue until altered in manner in this Act provided, (j) (i) See Schedule I. of the Act,post pp. 115—141. (j) See s. 21, ante p. 76, and regulation 102 in Schedule I. of the Act, post p. 141. Saving as to Appointment of Officers. 81. Nothing in this Act contained (k) shall affect the right vested byjAct of Parliament or charter in any council of any municipal borough of appointing a gaoler, chaplain, or other officer to the prison of such borough. (k) See ss. 10, 14, ante pp. 66. 70. On the commencement (1st of April, 1878) of The Prison Act. 1877, the power of appointing the officers of prisons is to be transferred to and vested in the Secretary of State, and in some cases, and subject to his control, in the Prison Commissioners (see ss. 5, 9 of that Act, jwst pp. 151, 155) ; but as the Act provides for the transfer of the power in question in terms which are perfectly general, and without making any reservation of any right hitherto vested in the council of any municipal borough of appointing the officers of the prison of the borough, it follows that at the period above mentioned any such right, so far as its exercise by a municipal council is concerned, will cease ; and that the right will be transferred to and vested in the Secretary of State, or in. the Prison Commissioners, as the case may be. Saving as to Commissions. 82. Nothing in this Act contained relating to the custody of prisoners (I) shall affect the validity of any commission of gaol delivery, commission of oyer and terminer, or other commission, precept, writ, warrant, or other document, notwithstanding the same may be addressed to or make mention of the sheriff of any county, city, or place, instead of being addressed to or 110 THE PRISON ACT, 1865. making mention of the gaoler of a prison or prisons ; and every such commission, precept, writ, warrant, or other document shall be obeyed by the gaoler, and take effect in the same manner as if the gaoler had been named therein instead of the sheriff. (7) As to the custody of prisoners, see s. 58, ante p. 98. INDEX TO SCHEDULES. Ill INDEX TO SCHEDULES. Schedule I. General. No. 1. Cleanliness in prison. 2. Trees, etc., not allowed against walls. 3. Temperature of prison. 4. Visitors not to sleep within the prison. 5. Hours of locking and unlocking the prison. Admission and Discharge of Prisoners. 6. Search of prisoners on admission. 7. Prisoner to be alone when searched. 8. Effects retained by gaoler. 9. Register of certain particulars relating to prisoner. 10. Removal and discharge of prisoners. 11. Separation of prisoners. 12. Female prisoners. Food, Clothing, and Bedding of Prisoners. 13. Spirituous liquors. 14. Smoking. 15. Order of Surgeon as to spirituous liquors, etc. 16. Debtor may maintain himself. 17. Debtor not to sell provisions. 18. Prison allowance to debtors. 19. Prisoner before trial may maintain himself. 20. Dress of criminal prisoner before trial. 21. Prison allowance of food for convicted prisoner. 22. Convicted Prisoner restricted to prison allowances. 23. Dress of convicted criminal. 24. Return of clothing to discharged prisoner. 112 THE PRISON ACT, 1865. No. 25. Purification of clothing of prisoner. 26. Beds. 27. Bedding. Personal Cleanliness. 28. Personal cleanliness of prisoners. 29. Hair-cutting. Employment of Prisoners. 30. Prohibition of gaming. 31. Work and earnings of debtors. 32. Employment of criminal prisoners before trial. 33. Allowance out of earnings to acquitted prisoners. 34. Kegulations as to hard labour of the first class. 35. Regulations as to hard labour of the second class. 36. Days of exemption from hard labour. 37. Examination by surgeon of prisoners at hard labour. 38. Employment of prisoners not sentenced to hard labour. Health of Prisoners. 39. Exercise of debtors. 40. Of prisoners in separate confinement. 41. When prisoners to be reported to surgeon. 42. Entry of directions by surgeon. 43. Infirmaries. Religious Instruction. 44. Room for use as chapel. 45. Prayers. 46. Performance of Divine service. 47. Ministers to visit prisoners under certain restrictions. 48. Books and printed papers. 49. Chaplain to communicate abuses to gaoler. 50. Assistant chaplain and chaplain's substitute. 51. Substitute for prison minister. 52. Substitute on death of chaplain or minister. Instruction. 53. Instruction of prisoners. INDEX TO SCHEDULES. 113 No. Visits to and Communications with Prisoners. 54. Communication with prisoners. 55. Power of gaoler as to visitors. Prison Offences. 56. General regulation as to punishment. 57. Gaoler to punish for prison offences. 58. Punishment of prisoners by visiting justices. 59. Use of irons. 60. Corporal punishments. Prisoners under Sentence of Death. 61. Prisoners under sentence of death. Prison Officers. 62. Regulation as to employment of prisoners in prison offices. 63. Prison officers to be constables. 64. Officers not to sell or let to prisoners. 65. Officers not to contract with prisoners. 66. Officers not to take gratuities. 67. Females to be attended by female officers. Gaoler. 68. Residence of gaoler. 69. Gaoler to conform to law and regulations of prison. 70. May suspend subordinate officers. 71. To inspect the prison daily. 72. To post up in cells abstract of certain regulations. 73. To report to surgeon prisoners disordered in mind. 74. To notify to chaplain and surgeon prisoners requiring their attention. 75. To give notice of death of prisoners. 76. To report to visiting justices insane prisoners. 77. To keep enumerated Books and Accounts. 78. To be responsible for safe custody of documents. 79. Not to be absent without leave. 8 114? THE PRISON ACT, 18C5. No. 80. Power of deputy gaoler. Substitute of deputy gaoler. Matron. 81. General duties. 82. To inspect daily female prison. 83. Not to be absent without leave. 84. To appoint deputy when absent. 85. To keep journal. Surgeon. 86. When to visit prison. 87. To make daily record in respect to sick prisoners. 88. Occasionally to inspect every part of prison. 89. To report special cases. 90. To call in additional medical aid. 91. To make entries as to death of prisoner. 92. To appoint substitute when absent. Prison Officers. 93. Officers to obey gaoler. 91. Not to be absent without leave. 95. Not to receive visitors without leave. 96. To examine cells, locks, etc. Porter. 97. Duties of gate porter. Rejwrts. 98. Gaoler to transmit list of prisoners to Secretary of State. 99. Gaoler to attend sessions and make report. 100. Journals and reports of chaplain and surgeon. 101. Record of visits of chaplain and non-resident officers. Construction and Application of Schedule. 102. Rules as to prisoners not debtors or criminals. 103. Construction of word "Regulation." 1U1. Definition of " subordinate officers." Schedule II. — List of discontinued prisons. Schedule III. — List of Acts repealed. SCHEDULE I. — PRISON REGULATIONS. 115 SCHEDULE I. REGULATIONS FOR GOVERNMENT OF PRISONS. General. Cleanliness in Prison. 1. The prison shall be kept in a cleanly state, and the walls and ceilings of the wards, cells, rooms, and passages used by the prisoners throughout every prison shall either be painted with oil, or be limewashed, or partly painted and partly limewashed. Where painted with oil, the painting shall be washed with hot water and soap once at least in every six months. Where limewashed, the limewashing shall be renewed once at least in every year. The day rooms, work rooms, passages, and sleeping cells shall be washed or cleansed once a week, or oftener if requisite. Trees, $c, not allowed against Walls. 2. Nothing shall be allowed to grow against the outer walls of the prison, nor any rubbish or other articles to be laid against them, nor shall any tools or implements of any kind likely to facilitate escape be left unnecessarily exposed. Temperature of Prison. 3. Thermometers shall be placed in different parts of the prison. Visitors not to Sleep within the Prison. 4. No person shall be permitted to sleep in the apartments of any subordinate officer of the prison without permission from the gaoler, such permission to be reported to a visiting justice. 116 THE PRISON ACT, 1865. Hours of locking and unlocking the Prison. 5. A report shall be made to the gaoler at ten o'clock each night, whether the officers resident in the prison are all present ; and no ingi-ess or egress shall be allowed into or out of the prison between the hours of ten o'clock at night and six o'clock in the morning, except to the gaoler and his family, the chaplain, or surgeon, or in special cases, which shall be entered in the journal of the gaoler. Admission and Discharge of Prisoners. Search of Prisoners on Admission. 6. Prisoners on admission shall be searched, and all dangerous weapons, articles calculated to facilitate escape, and prohibited articles, shall be taken from them. Prisoner to be alone when searched. 7. No prisoner shall be searched in the presence of any- other prisoner. Effects retained by Gaoler. 8. All money or other effects brought into the prison by any prisoner, or sent to the prison for his use, which he is not allowed to retain, shall be placed in the custody of the gaoler, who shall keep an inventory of them in a separate book. Ptegister of certain Particulars relating to Prisoner. 9. The name, age, height, weight, features, particular marks, and general appearance of a criminal prisoner shall, upon his admission, be noted in a nominal record of prisoners, to be kept by the gaoler. Every criminal prisoner shall also, as soon as possible, be examined by the surgeon, who shall enter in a book to be kept by the gaoler a record of the state of health of the prisoner, and any observations he may deem it expedient to add. SCHEDULE I. — PRISON REGULATIONS. 117 Removal and Discharge of Prisoners. 10. All prisoners, previously to being removed to any other prison, or being discharged from prison, shall be examined by the surgeon ; and no prisoner shall be removed to any other prison, unless the surgeon certifies, by an entry in the nominal record, that the prisoner is free from any illness that renders him unfit for removal ; and no prisoner shall be discharged from prison if labouring under any acute or dangerous distemper, nor until, in the opinion of the surgeon, such discharge is safe, unless such prisoner require to be discharged. Separation of Prisoners. 11. Prisoners before trial shall be kept apart from con- victed prisoners". Female Prisoners. 12. Female prisoners shall be searched on admission by female officers. In other respects the same course shall be pursued in reference to the admission, removal, or discharge of a female prisoner as in the case of a male prisoner, the "\yniatron performing the duties imposed on the gaoler in case '/iof a male prisoner. Food, Clothing, and Bedding of Prisoners. Spirituous Liquors. 18. No tap shall be kept in any prison ; nor shall spirituous liquors of any kind be admitted for the use of any of the prisoners therein, under any pretence whatever, unless by a written order of the surgeon, specifying the quantity to be admitted, and the name of the prisoner for whose use it is intended ; but this regulation shall not apply to any stock of spirituous liquors kept in the prison for the use of the infirmary, and under the control of the surgeon. Smoking. 14. No smoking shall be allowed, or tobacco introduced, 118 THE PRISON ACT, 1865. except with the consent and subject to the rules made by the visiting justices, or under a written order of the surgeon. Order of Surgeon as to Spirituous Liquors, dc. 15. Any order by the surgeon for the admission of spirituous liquors or tobacco shall be entered by him in his journal. Debtor may maintain himself. 16. A debtor shall be permitted to maintain himself, and to procure or receive at proper hours food, wine, malt liquor, clothing, bedding, or other necessaries, but subject to examination, and to such rules as may be approved by the visiting justices. Debtor not to sell Provisions. 17. No part of any food, wine, malt liquor, clothing, bedding, or other necessaries belonging to any debtor shall be sold to any other prisoner ; and any debtor transgress- ing this regulation shall lose the privilege of receiving or purchasing any wine or malt liquor for such a time as the visiting justices may deem proper. Prison Allowance to Debtors. 18. A debtor, if unable to provide himself with sufficient food, clothing, bedding, or other necessaries, shall receive the allowance of food, clothing, bedding, or other necessaries allotted to debtors unable to maintain themselves by the prison rules for the time being in force. Prisoner before Trial may maintain himself. 19. A criminal prisoner before trial may procure for himself, or receive at proper hours, food, and malt liquor, clothing, bedding, or other necessaries, subject to examin- ation, and to such rules as may be approved by the visiting justices ; and any articles so procured may be paid for out of the moneys belonging to such prisoner in the hands of the gaoler. No part of such food, malt liquor, bedding, clothing, or other necessaries shall be sold or transferred to SCHEDULE I. — PRISON REGULATIONS. 119 any other prisoner ; and any prisoner transgressing this regulation shall be prohibited from procuring any food or other necessaries for such time as the visiting justices may deem proper. If a criminal prisoner before trial does not provide himself with food, he shall receive the allowance of food allotted to criminal prisoners before trial by the rules of the prison. Dress of Criminal Prisoner before Trial. 20. Criminal prisoners before trial may, if they desire it, wear the prison dress, and they shall be required to do so if their own clothes are insufficient or unfit for use, or neces- sary to be preserved for the purposes of justice. The prison dress for prisoners before trial shall be of a different colour from that of convicted prisoners. Prison Allowance of Food for convicted Prisoner. 21. Every convicted criminal prisoner shall be allowed a sufficient quantity of food according to the scale established by the rules of the prison. Prisoners under the care of the surgeon shall be allowed such diet as he may direct. Care shall be taken that all provisions supplied to the prisoners be of proper quality and weight. Scales and legal weights and measures shall be provided, open to the use of any prisoners, under such restrictions as may be made by the prison rules. Convicted Prisoner restricted to Prison Alloivances. 22. No convicted criminal prisoner shall be allowed any wine, beer, or other fermented liquor, except under a written order from the surgeon, to be entered in his journal, specify- ing the quantity, and the name of the prisoner for whose use it is intended, or shall receive any food, clothing, bedding, or necessaries other than the prison allowance, except under special circumstances, to be judged of by one or more of the visiting justices, and to be reported to the prison authority. Dress of convicted Criminal. 23. A convicted criminal prisoner shall be provided with a complete prison dress, and shall be required to wear it. 120 THE PRISON ACT, 1865. Return of Clothing to discharged Prisoner. 24. On the discharge of a prisoner, his own clothes shall be returned to him, unless it has been found necessary to' destroy them, in which case he shall be provided with clothing. Purification of Clothing of Prisoner. 25. If necessary, the clothes of a prisoner shall be purified before he is allowed to wear them in the prison or to take them on his discharge. Beds. 26. Every male prisoner shall sleep in a cell by himself, or under special circumstances in a separate bed placed in a cell containing not fewer than two other male prisoners, and sufficient bed clothes shall be provided for every prisoner. A convicted criminal prisoner may be required to sleep on a plank bed without a mattress during such time as may be determined by the rules of the prison. Epileptic prisoners, or prisoners labouring under diseases requiring assistance or supervision in the night, may at any time, notwithstanding this regulation, be placed by order of the surgeon with not fewer than two other male prisoners. Bedding. 27. The bed clothes shall be aired, changed, and washed as often as the surgeon or the visiting justices may direct. Personal Cleanliness. Personal Cleanliness of Prisoners. 28. Prisoners shall be required to keep themselves clean and decent in their persons, and to conform to such rules as may be laid down for that purpose. Hair-cutting. 29. The hair of a female prisoner shall not be cut without her consent, except on account of vermin or dirt, or when the surgeon deems it requisite on the ground of health, and SCHEDULE I. — PRISON REGULATIONS. 121 the hair of male criminal prisoners shall not be cut closer than may be necessary for purposes of health and cleanliness. Employment of Prisoners. Prohibition of Gaming. 30. No gaming shall be permitted in any prison, and the gaoler shall seize and destroy all dice, cards, or other in- struments of gaming. Work and Earnings of Debtors. 31. Debtors may be permitted to work and follow their respective trades and professions, provided their employment does not interfere with the regulations of the prison ; and such debtors as find their own implements, and are not maintained at the expense of the prison, shall be allowed to receive the whole of their earnings ; but the earnings of such as are furnished with implements, or are maintained at the expense of the prison, shall be subject to a deduction, to be determined by the visiting justices, for the use of implements and the cost of maintenance. Employment of Criminal Prisoners before Trial. 32. Criminal prisoners before trial shall have the option of employment, but shall not be compelled to perform any hard labour. Allowance out of Earnings to acquitted Prisoners. 33. On the acquittal of any criminal prisoner, or when no bill of indictment is found against him, such an allowance on account of his earnings, if any, shall be paid to such prisoner, on his discharge, as the visiting justices may think reasonable. Fiegulations as to Hard Labour of the First Class. 34. Every male prisoner of sixteen years of age and up- wards, sentenced to hard Jabour, shall, (m) during the whole of his sentence where it does not exceed three months, and during the first three months of his sentence where it exceeds three months, be kept at hard labour of the first class for such number of hours not more than ten or less than six 122 THE PRISON ACT, 1SG5. (exclusive of meals) as may be prescribed by tbe visiting justices, and during the remainder of his sentence shall be kept in like manner at hard labour of the first class, except where during such remainder of his sentence the visiting justices substitute hard labour of the second class for hard labour of the first class ; provided that if the surgeon certifies any such prisoner to be unfit to be kept at hard labour of the first class during the whole or any part of the prescribed hours, such prisoner shall, during such whole or part of the prescribed hours, be kept at hard labour of the second class, unless the surgeon certifies that such prisoner is unfit to be kept at either class of hard labour during the whole or any part of such hours ; provided that prisoners sentenced to hard labour for periods not exceeding fourteen days may, in pursuance of rules made by the justices in sessions, be kept in separate confinement at hard labour of the second class during the whole period of their sentences. (?«) As to the power of the Secretary of State to relax the require- ments of this regulation, see The Prison Act, 1877, s. 37, post p. 183. Regulations as to Hard Labour of the Second Class. 35. Every male prisoner under the age of sixteen years, sentenced to hard labour, and every female prisoner sentenced to hard labour, shall be kept at hard labour of the second class during such number of hours not more than ten or less than six (exclusive of meals) in each day as may be prescribed by the visiting justices, unless the surgeon certifies that he or she is unfit for hard labour. Days of Exemption from Hard Labour. 36. No prisoner shall be employed at hard labour on Sundays, Christmas Day, Good Friday, and days appointed for public fasts or thanksgivings. Examination by Surgeon of Prisoners at Hard Labour. 37. The surgeon shall from time to time examine the prisoners sentenced to hard labour during the time of their being so employed, and shall enter in his journal the name SCHEDULE I.— PRISON REGULATIONS. 123 of any prisoner whose health he thinks to be endangered by a continuance at hard labour of either class, and thereupon such prisoner shall not again be employed at such class of hard labour until the surgeon certifies that he is fit for such employment. Employment of Prisoners not sentenced to Hard Labour. 38. Provision shall be made by the visiting justices for the employment of all convicted criminal prisoners not sentenced to hard labour. The visiting justices shall make rules as to f the amount and nature of such employment, but no prisoner not sentenced to hard labour shall be punished for neglect of work, excepting by such alteration in the scale of diet as may be established by the rules of the prison in the case of neglect of work by such prisoners. Health of Prisoners. Exercise of Debtors. 39. Debtors shall have the means of daily taking exercise in the open air. Of Prisoners in Separate Confinement. 40. Criminal prisoners, if employed at work in their own cells, shall be permitted to take such exercise in the open air as the surgeon may deem necessary for their health. When Prisoner to be reported to Surgeon. 41. The names of the prisoners who desire to see the surgeon, or appear out of health, shall be reported by the officer attending them to the gaoler, and by him without delay to the surgeon. Entry of Directions by Sun/eon. 42. All directions given by the surgeon in relation to any prisoner, with the exception of orders for the supply of medicines or directions in relation to such matters as are carried into effect by the surgeon himself or under his superintendence, shall be entered day by day in his journal, 124 THE PRISON ACT, 1865. which shall have a separate column in which entries are to be made by the gaoler, stating in respect of each direction the fact of its having been or not having been complied with, accompanied by such observations, if any, as the gaoler may think fit to make, and the date of the entry. Infirmaries. 43. In every prison an infirmary or proper place for the reception of sick prisoners shall be provided. Religious Instruction. Ptoom for use as Chajjel. 44. In every prison where there is no chapel a suitable room shall be set apart for the purposes of the chapel. Prayers. 45. Prayers to be selected by the chaplain from the liturgy of the Established Church shall be read daily by the chaplain, gaoler, or such other person as may be appointed by the visiting justices, and at such time or times as may be fixed by them, and portions of the Scriptures shall be read to the prisoners, when assembled for religious instruction, by the chaplain, or by such person, with the consent of the visiting justices, as he may appoint. Performance of Divine Service. 46. The chaplain shall on every Sunday, and on Christ- mas Day and Good Friday, perform the appointed morning and evening services of the Established Church, and preach at such time or times as shall be fixed by him with the approval of the visiting justices. He shall give religious and moral instruction to the prisoners who are willing to receive it. He shall administer the Holy Sacrament of the Lord's Supper on suitable occasions to such prisoners as shall be desirous, and as he may deem to be in a proper frame of mind to receive the same. He shall frequently visit every room and cell of the prison occupied by prisoners, and shall direct such books to be distributed and read, and such lessons SCHEDULE I. — PRISON REGULATIONS. 125 to be taught in the prison, as he may deem proper for the religious instruction of the prisoners. Criminal prisoners shall attend Divine service on Sundays, and on other days ■when such service is performed, unless prevented by illness or other reasonable cause, to be allowed by the gaoler, or unless their attendance is dispensed -with by the visiting justices : this regulation shall not apply to any prisoner who is attended or visited by a minister of a church or persuasion differing from the Established Church : and no prisoner shall be compelled to attend any religious service held or performed, or any religious instruction given, by the chaplain, minister, or religious instructor of a church or persuasion to which the prisoner does not belong. Ministers to visit Prisoners under certain Restrictions. 47. If any prisoner is of a religious persuasion differing from that of the Established Church, and no minister has been appointed to attend at the prison on the prisoners of that persuasion, the visiting justices shall permit a minister of such persuasion to be approved by them to visit such prisoner at proper and reasonable times, under such restric- tions as may be imposed by the visiting justices to guard against the introduction of improper persons and prevent improper communications, unless such prisoner expressly objects to see such minister. Books and Printed Papers. 48. No books or printed papers shall be admitted into any prison for the use of the prisoners, except by permission of the visiting justices ; and no books or printed papers in- tended for the religious instruction of prisoners belonging to the Established Church shall be admitted but those chosen by the chaplain ; provided that in case there may be a difference of opinion between the chaplain and visiting justices with respect to books or papers proposed to be admitted for the religious instruction of a prisoner belong- ing to the Established Church, reference shall be had to the bishop of the diocese, whose decision shall be final ; and, subject to such permission of the visiting justices as afore- 126 THE PRISON ACT, 1865. said, all books or printed papers admitted into any prison for the religious instruction of prisoners belonging to .any other persuasion, and who are visited by a minister of such persuasion, shall be approved by such minister ; and the gaoler shall keep a catalogue of all books and printed papers admitted into the prison. Chaplain to communicate Abuses to Gaoler. 49. The chaplain shall communicate to the gaoler any abuse or impropriety in the prison which may come to his knowledge, and shall enter the same in his journal. Assistant Chaplain and Chaplains Substitute. ' 50. Where an assistant chaplain is appointed to a prison, he shall be competent to perform any duty required by law to be performed by the chaplain, and when either of them, the chaplain or assistant chaplain, is absent from the prison, the other shall take his duties. Where there is no assistant chaplain, or in case of the services of the assistant chaplain not being available by reason of sickness or other unavoid- able cause, the chaplain shall, when absent from the prison on leave or from any unavoidable cause, appoint, with the consent of the visiting justices, a substitute, and insert his name and residence in his journal. In the event of any sudden cause preventing the chaplain, or, in the absence of the chaplain, the assistant chaplain, from performing his duties, he may accept the assistance of a clergyman of the Established Church in the performance of Divine service in the chapel, inserting the fact, and the name of such clergy- man, in his journal. Substitute for Prison Minister. 51. A minister appointed under The Prison Ministers' Act, 1863, may, when absent on leave, or from any unavoidable cause, appoint a substitute with the consent of the visiting justices. Substitute on Death of Chaplain or Minister. 52. In the event of the death of any chaplain or assistant SCHEDULE I. — PRISON REGULATIONS. 127 chaplain of a prison, or of a minister appointed under The Prison Ministers' Act, 1863, the visiting justices shall provide a substitute until the next meeting of the justices in sessions. Instruction. Instruction of Prisoners. 53. Provision shall be made in every prison for the in- struction of prisoners in reading, writing, and arithmetic dur- ing such hours and to such extent as to the visiting justices may seem expedient, provided that such hours shall not be deducted from the hours prescribed for hard labour. Visits to and Communications with Prisoners. Communication with Prisoners. 54. Due provision shall be made for the admission, at proper times and under proper restrictions, of persons with whom prisoners before trial may desire to communicate, care being taken that, so far as is consistent with the interests of justice, such prisoners shall see their legal advisers alone ; such rules also shall be made by the jusfices in sessions assembled for the admission of the friends of convicted prisoners as they may deem expedient ; the j ustices shall also impose such restrictions upon the communication and correspondence of prisoners with their friends as they judge necessary for the maintenance of good order and discipline in such prison. Power of Gaoler as to Visitors. 55. The gaoler may demand the name and address of any visitor to a prisoner ; and when he has any ground for suspicion, may search or cause to be searched male visitors, and may direct the matron or some other female officer to search female visitors, such search not to be in the presence of any prisoner or of another visitor ; and in case of any visitor refusing to be searched, the gaoler may deny him or her admission ; the grounds of such proceeding, with the particulars thereof, to be entered in his journal. 128 THE PRISON ACT, 1865. Prison Offences. General Regulation as to Punishment. 56. No punishments or privations of any kind shall be awarded, except by the gaoler, or by a visiting or other justice. Gaoler to punish for Prison fences. 57. The gaoler shall have power to hear complaints respecting any of the offences following ; that is to say, 1. Disobedience of the regulations of the prison by any prisoner ; 2. Common assaults by one prisoner on another ; 3. Profane cursing and swearing by any prisoner ; 4. Indecent behaviour by any prisoner ; 5. Irreverent behaviour at chapel by any prisoner ; 6. Insulting or threatening language by any prisoner to any officer or prisoner ; 7. Absence from chapel without leave by any criminal prisoner ; 8. Idleness or negligence at work by any convicted cri- minal prisoner ; 9. Wilful mismanagement of work by any convicted cri- minal prisoner. All the above acts are declared to be offences against prison discipline ; and it shall be lawful for the gaoler to examine any person touching such offences, and to deter- mine thereupon, and to punish such offences by ordering any offender, for any time not exceeding three days, (n) to close confinement, to be • kept there upon bread and water. And the gaoler shall enter in a separate book called the punishment book a statement of the nature of any offence that he has punished in pursuance of this Regulation, with the addition of the name of the offender, the date of the offence, and the amount of punishment inflicted. («) The Prison Act, 1877, which will come into operation on the 1st of April, 1878, enacts (s. 43, post p. 18G) that it shall not be lawful for the gaoler to order any prisoner to be confined in a punish- ment cell for any term exceeding twenty -four hours. SCHEDULE I. — PRISON REGULATIONS. 129 Punishment of Prisoners by Visiting Justices. 58. If any criminal prisoner is guilty of repeated offences against prison discipline, or is guilty of any offence against prison discipline, which the gaoler is not by this Act empowered to punish, the gaoler shall report the same to the visiting justices, (o) or one of them ; and any one of such justices, or any other justice having jurisdiction in the place to which the prison belongs, shall have power to inquire upon oath and to determine concerning any matter so reported to him, and to order the offender to be punished by confinement in a punishment cell for any term not ex- ceeding one month, (o) or, in the case of prisoners convicted of felony or sentenced to hard labour, by personal correc- tion. (o) The Prison Act, 1877, enacts (s. U.post p. 160) that the Visit- ing Committee of prisons, which after the commencement (1st of April, 1878) of that Act is to be appointed in the place of the visiting justices (P. A., 1877, s. 13, post p. 158), shall be deemed to be visiting justices for all the purposes of this and of the following regulation, or of either of those regulations, and that any member of a Visiting Committee may exercise any power, or do any act, or receive any report, which any one justice may exercise, do, or receive under those regulations or either of them ; but the Act provides (s. 43, post p. 186) that it shall not be lawful for the Visiting Committee of justices to order any prisoner to be punished by confinement in a punishment cell for any term exceeding fourteen days ; and also (s. 14, post p. 160 ) that an offender shall not be punished under the regulations referred to, or either of them, by personal correction, except in pursuance of the order of two justices of the peace, after such inquiry upon oath and determination concerning the matter reported to them, as is mentioned in the 58th regulation. Use of Irons, f 59. No prisoner shall be put in irons or under mechanical restraint by the gaoler of any prison, except in case of urgent necessity ; and the particulars of every such case shall be forthwith entered in the gaoler's journal, and notice forth- with given thereof to one of the visiting justices ;.(o) and no prisoner shall be kept in irons or under mechanical restraint for more than twenty-four hours without an order in writing from a visiting justice, (o) specifying the cause thereof, and 9 130 THE PEISON ACT, 1865. the time during which the prisoner is to be kept in irons or under mechanical restraint, which order shall be preserved by the gaoler as his warrant. Corporal Punishments. 60. All corporal punishments within the prison shall be attended by the gaoler and the surgeon. The surgeon shall give such orders for preventing injury to health as he may deem necessary, and it shall be the duty of the gaoler to carry them into effect, and the gaoler shall enter in the punishment book the hour at which the punishment is inflicted, the number of lashes, and any orders which the surgeon may have given on the occasion. Prisoners under Sentence of Death. Prisoners under Sentence of Death. 61. Every prisoner under warrant or order for execution shall, immediately on his arrival in the prison after sentence, be searched by or by the orders of the gaoler, and all articles shall be taken from him which the gaoler deems dangerous or inexpedient to leave in his possession. He shall be confined in a cell apart from all other prisoners, and shall be placed by day and by night under the constant charge of an officer. He shall be allowed such a dietary and amount of exercise as the gaoler, with the approval of the visiting justices, may direct. The chaplain shall have free access to every such prisoner, unless the prisoner be of a religious persuasion differing from that of the Established Church, and be visited by a minister of such persuasion, in which case the minister of such persuasion shall have free access to him. With the above exceptions, no person, not being a visiting justice or an officer of the prison, shall have access to the prisoner, except in pursuance of an order from a visiting justice. During the preparation for an execution, and the time of the execution, no person shall enter the prison who is not legally entitled to do so, unless in pursuance of an order in writing from two or more visiting justices. SCHEDULE I. — PRISON REGULATIONS. 131 Prison Officers. Regulation as to Employment of Prisoners in Prison Offices. 62. No prisoner shall be employed as turnkey, assist- ant turnkey, wardsman, yardsman, overseer, monitor, or schoolmaster, or in the discipline of the prison, or in the service of any officer thereof, or in the service or instruction of any other prisoner. But this regulation shall not be taken to prevent the employment of any debtor in that part of the prison in which he may be lawfully confined in any manner in which he may be willing to be employed, and which is consistent with his safe custody. Prison Officers to be Constables. 63. Every prison officer, while acting as such, shall, by virtue of his appointment, and without being sworn in before any justice, be deemed to be a constable, and to have all such powers, authorities, protection, and privileges for the purpose of the execution of his duty as a prison officer as any constable duly appointed has within his constablewick by common law, statute, or custom. Officers not to sell or let to Prisoners. 64. No officer of a prison shall sell or let to, nor shall any person in trust for or employed by him sell or let to, or derive any benefit from the selling or letting of any article to any prisoner. Officers not to contract with Prisoners. 65. No officer of a prison shall, nor shall any person in trust for or employed by him, have any interest, direct or indirect, in any contract for the supply of the prison. Officers not to take Gratuities. 66. No officer of a prison shall at any time receive money, fee, or gratuity of any kind for the admission of any visitors to the prison or to prisoners, or from or on behalf of any prisoner, on any pretext whatever. 132 THE PRISON ACT, 1865. Females to be attended by Female Officers. 67. Female prisoners shall in all cases be attended by- female officers. Gaoler. Pi,esidence of Gaoler. 68. The gaoler shall reside in the prison. He shall not be an under-sheriff or bailiff, or be concerned in any other employment. Gaoler to conform to Law and Regulations of Prison. 69. The gaoler shall strictly conform to the law relating to prisons and to the prison regulations, and shall be responsible for the due observance of them by others. He shall observe the conduct of the prison officers, and enforce on each of them the due execution of his duties, and shall not permit any subordinate officer to be employed in any private capacity, either for any other officer of the prison, or for any prisoner. May suspend Subordinate Officers. 70. The gaoler shall, in case of misconduct, have power to suspend any subordinate officer, and shall report the particulars without delay to a visiting justice. To inspect the Prison daily. 71. The gaoler shall, as far as practicable, visit the whole of the prison, and see every male prisoner once at least in every twenty-four hours, and in default of such daily visits and inspections he shall state in his journal how far he has omitted them, and the cause thereof. He shall, at least once duriDg the week, go through the prison at an uncertain hour of the night, which visit, with the hour and state of the prison at the time, he shall record in his journal. When visiting the females' prison, he shall be attended by the matron or some other female officer SCHEDULE I. — PRISON REGULATIONS. 1S3 To post up in Cells Abstract of certain Regulations. 72. The gaoler shall cause an abstract, to be approved by the Secretary of State, of the regulations relating to the treatment and conduct of prisoners, with a copy of the prison dietaries, (printed in legible characters,) to be posted in each cell, and shall read or cause the same to be read to every prisoner who cannot read within twenty-four hours after his admission. To report to Surgeon Prisoners disordered in Mind. 73. The gaoler shall without delay call the attention of the surgeon to any prisoner whose state of mind or body appears to require attention, and shall carry into effect the written directions of the surgeon respecting alterations of the discipline or treatment of any such prisoner. To notify to Chaplain and Surgeon Prisoners requiring their Attention. 74. The gaoler shall notify to the surgeon without delay the illness of any prisoner, and shall deliver to him daily a list of such prisoners as complain of illness, or are removed to the infirmary, or confined to their cells by illness, and he shall daily deliver to the chaplain and surgeon lists of such prisoners as are confined in punishment cells. To give Notice of Death of Prisoners. 75. Upon the death of a prisoner the gaoler shall give immediate notice thereof to the coroner of the district to which the prison belongs, and to one of the visiting justices, as well as to the nearest relative of the deceased, where practicable. To report to Visiting Justices Insane Prisoners. 76. The gaoler shall without delay report to the visiting justices any case of insanity or apparent insanity occurring among the prisoners. 134 THE PRISON ACT, 1865. To keep enumerated Books and Accounts. 77. The gaoler shall keep the following records and accounts : — First, The register required by The Prison Ministers Act, 18G3, to be kept of the church or religious persuasion to which each prisoner belongs. Second, A journal in which he shall record all such matters as he is directed to record therein by tbis Act, and all other occurrences of importance within the prison. Third, A nominal record of all prisoners committed to his charge, in such form as may be directed by the visiting justices. Fourth, A punishment book for the entry of the punish- ments inflicted for prison offences. Fifth, A visitors' book for the entry of any observations made by visitors to the prison. Sixth, A record of articles taken from prisoners. Seventh, A record of the employment of prisoners sen- tenced to hard labour, and the manner in which they have been so employed. Eighth, A list of books and documents committed to his care. Ninth, An inventory of all the furniture and moveable property belonging to the prison. Tenth, An account of all prison receipts and disburse- Y ments. ^ To be responsible for safe Custody of Documents. 78. The gaoler shall be responsible for the safe custody of the journals, registers, books, commitments, and all other documents confided to his care. Not to be Absent without Leave. 79. The gaoler shall not be absent from the prison for a night without permission in writing from a visiting justice ; and his leave of absence, with the name of the visiting justice granting it, shall be entered in his journal; but if absent without leave for a night from unavoidable necessity, he shall state the fact and the cause of it in his journal. SCHEDULE I. — PRISON REGULATIONS. fl^J Power of Deputy Gaoler. 80. Where a deputy gaoler is appointed to a prison, he shall be legally competent to perform any duty required by law to be performed by the gaoler ; and when the gaoler is absent from the prison, the deputy gaoler shall perform all his duties. "Where there is no deputy gaoler, or in case of his services not being available by reason of sickness or other unavoidable cause, the gaoler shall, when absent from the prison on leave, appoint, with the consent of the visiting justices, an officer of the prison to act as his sub- stitute, and during such absence the substitute so appointed shall have all the powers and perform all the duties of the gaoler. Substitute of Deputy Gaoler. The deputy gaoler, when in charge of the prison as gaoler, shall, if absent from the prison from any unavoidable cause, or unable from sickness to perform his duties, appoint a substitute with the sanction of the visiting justices. Matron. General Duties. 81. The matron shall reside in the prison. She shall have the care and superintendence of the whole female department. The wards, cells, and yards where females are confined shall be secured by locks different from those securing the wards, cells, and yards allotted to male prisoners, and the keys of those locks shall be kept in the custody of the matron. To inspect daily Female Prison. 82. The matron shall, so far as practicable, visit and inspect every part of the prison occupied by females, and see every female prisoner once at least in every twenty-four hours, and in default of such daily visits and inspections she shall state in her journal how far she has omitted them, and the cause thereof. She shall, at least once during the week, go through such part of the prison at an uncertain hour of 136 THE PRISON ACT, 1865. the night, which visit, with the hour and state of such part of the prison at the time, shall be recorded in her journal. Not to be Absent without Leave. 83. The matron shall not be absent from the prison for a night without permission in writing from a visiting justice, on the recommendation of the gaoler ; and her leave of absence, with the name of the visiting justice granting it, shall be entered in her journal ; but if absent without leave for a night from unavoidable necessity, she shall state the fact and the cause of it in her journal. To appoint Deputy when Absent. 84. The matron shall, with the consent of the gaoler, and with the approval of the visiting justices, appoint a female officer of the prison to act as deputy matron whenever she is absent on leave from the prison, and during such absence the deputy matron shall have all the powers and duties of the matron. Before leaving the prison the matron shall personally give over the charge of the part of the prison occupied by females to the deputy matron. To keep Journal. 85. The matron shall keep a journal in which she shall record all occurrences of importance within her department, and punishments of female prisoners, and lay the journal before the gaoler daily, and before the visiting justices at their ordinary meetings. Surgeon. When to visit Prison. 86. The surgeon shall visit the prison at least twice in every week, and oftener if necessary, and shall see every prisoner in the course of the week. He shall daily visit the prisoners, if any, confined in punishment cells, and he shall visit daily, and oftener if necessary, such of the prisoners as are sick, and, when necessary, shall direct any prisoner to be removed to the infirmary. SCHEDULE I. — PRISON REGULATIONS. 137 To make daily Record respecting sick Prisoners. 87. The surgeon shall enter, in the English language, day by day, in his journal to be kept in the prison, an account of the state of every sick prisoner, the name of his disease, a description of the medicines and diet, and any other treat- ment which he may order for such prisoner. Occasionally to inspect every part of Prison, dr. 88. The surgeon shall, once at least in every three months, inspect every part of the prison, and enter in his journal the result of each inspection, recording therein any observations he may think fit to make on any want of cleanliness, drain- age, warmth, or ventilation ; any bad quality of the provisions, any insufficiency of clothing or bedding, any deficiency in the quantity or defect in the quality of the water, or any other cause which may affect the health of the prisoners. To report Special Cases. 89. Whenever the surgeon has reason to believe that the mind of a prisoner is or is likely to be injuriously affected by the discipline or treatment, he shall report the case in writing to the gaoler, together with such directions as he may think proper, and he shall call the attention of the chaplain to any prisoner who appears to require his special notice. To call in additional Medical Aid. 90. The surgeon may, in any case of danger or difficulty which appears to him to require it, call in additional medical assistance ; and no serious operation shall be performed without a previous consultation being held with another me- dical" practitioner, except under circumstances not admitting of delay, such circumstances to be recorded in his journal. To make Entries as to Death of Prisoner. 91. The surgeon shall forthwith, on the death of any prisoner, enter in his journal the following particulars ; viz., at what time the deceased was taken ill, when the illness was 138 THE PRISON ACT, 1865. first communicated to the surgeon, the nature of the disease, when the prisoner died, and an account of the appearances after death (in cases where a post- mortem examination is made), together with any special remarks that appear to him to be required. To appoint Substitute when Absent. 92. In case of sickness, necessary engagement, or leave of absence, to be given by the visiting justices, the surgeon shall appoint a substitute, approved of by the visiting justices. The name and residence of the substitute shall be entered in his journal. Prison Officers. Officers to obey Gaoler. 93. All officers of the prison shall obey the directions of the gaoler, subject to the regulations of this Act, and all subordinate officers shall perform such duties as may be directed by the gaoler, with the sanction of the visiting justices, and the duties of each subordinate officer shall be inserted in a book to be kept by him. Not to be Absent without Leave. 94. Subordinate officers shall not be absent from the prison without leave from the gaoler, and before absenting themselves they shall leave their keys, instruction book, and report book in the gaoler's office. Not to receive Visitors without Leave. 95. Subordinate officers shall not be permitted to receive any visitors within the prison without permission of the gaoler. To examine Cells, Locks, etc. 96. All subordinate officers shall frequently examine the state of tbe cells, bedding, locks, bolts, etc., and shall seize all prohibited articles, and deliver them to the gaoler forthwith. SCHEDULE I. — PRISON REGULATIONS. 139 Porter. Duties of Gate Porter. 97. The officer acting as gate porter may examine all articles carried in or out of the prison, and may stop any person suspected of bringing in spirits or other prohibited articles into the prison, or of carrying out any property belonging to the prison, giving immediate notice thereof to the gaoler. Reports. Gaoler to transmit List of Prisoners to Secretary of State. 98. Within one week after the termination of every assize or court of quarter sessions the gaoler shall transmit by post to one of Her Majesty's principal Secretaries of State a calendar containing the names, crimes, and sentences of every prisoner tried at such assize or court of quarter sessions, in such form and containing such particulars as may be required by the Secretary of State ; and whenever such court adjourns for any longer time than one week, the day upon which the adjournment is made shall be deemed the termination of the session within the meaning of this regula- tion ; and every adjourned session for the trial of prisoners shall, for the purposes of this Act, be deemed a separate session ; and every gaoler who neglects or refuses to transmit such calendar, or wilfully transmits a calendar containing any false or imperfect statement, shall for every such offence forfeit a sum not exceeding twenty pounds, to be recovered summarily. Gaoler to attend Session and make Report. 99. The visiting justices shall, once at least in each quarter of the year, carefully examine the following books kept by the gaoler of every prison, that is to say, the register kept in pursuance of The Prison Ministers Act, 1863, the journal, the nominal record, the punishment book, the visitors' book, the record of articles taken from prisoners, the record of the employment of prisoners, the list of books and documents committed to his care, the inventory and the account of 140 THE PRISON ACT, 1865. prison receipts and disbursements, and shall report to the justices in sessions assembled any special circumstances which call for notice in respect of such books. The gaoler shall also at such sessions answer, on oath if required, the inquiries of the justices with respect to the condition of the prison and of the prisoners, and with respect to any other matters relating thereto. He shall at the same time present a certificate, signed by himself, containing a declaration how far the requisitions of this Act with respect to the separation of prisoners and enforcement of hard labour have been com- plied with, and shall point out any deviation therefrom which has taken place since his last attendance at sessions. Journals and Reports of Chaplain and Surgeon. 100. The journals of the chaplain and surgeon shall, once at least in each quarter of a year, be laid before the justices in sessions assembled at such time as they may appoint, and shall be signed by the chairman of the sessions in proof of the same having been there produced. The chaplain shall once in the year, and he may at any sessions, deliver to the justices in sessions assembled a statement of the condition of the prison to which he is attached, and his observations thereon ; and the surgeon shall, once at least in each quarter of a year, report to the justices in sessions assembled the condition of the prison, and the state of health of the prisoners under his care. Record of Visits of Chaplain and Non-resident Officers. 101. There shall be kept in every prison a book, to be called the non-resident officers' book, in which the chaplain and any other officer of the prison not residing within the prison, but attending on or required to attend on such prison, shall regularly enter the date of every visit made to the prison by such officer ; and every entry shall be signed with the name and be in the handwriting of such officer, and such book shall, once at least in each quarter of a year, be laid before the justices in sessions assembled, at such time as they may appoint, and shall be signed by the chairman of the sessions in proof of the same having been produced. The SCHEDULE I. — PRISON REGULATIONS. 141 gaoler of every prison shall be responsible for the safe custody of such book, and shall at all times, when required so to do, produce it for inspection to the visiting justices, or to any justice of the peace for the county, riding, division, hundred, district, city, town, or place to which the prison belongs. Construction and Application of Schedule. Fades as to Prisoners not Debtors or Criminals. 102. Subject to the provisions of this Act, the justices in sessions assembled shall make such rules as they think expedient with respect to the classification and treatment of prisoners who are not debtors and are not criminal prisoners within the meaning of this Act. Construction of Word " Regulation." 103. Any rules made by the justices in sessions assembled, or by the visiting justices, and any dietary tables framed in pursuance of this Act, shall be deemed to be regulations of the prison within the meaning of this Act. Definition of " Subordinate Officers." 104. All officers of a prison shall be deemed to be subor- dinate officers, with the exception of the gaoler, the chaplain, the surgeon, the matron, and any minister appointed under The Prison Ministers Act. 142 THE PRISON ACT, 1865. SCHEDULE II. Prisons of Legal Character of Prison. County. Aberystwith . Borough Prison . Cardigan. Bradninch . Devon. Faversham . Kent. Helstone Cornwall. King's Lynn „ Norfolk. Lichfield „ Stafford. Maldon , Esses. Newcastle-under-Lyme Stafford. Penzance Cornwall. Eichmond . York. Romney Marsh . Liberty . Kent. Rye ... Borough Sussex. South Molton ,, Devon. Tenterden . » Kent. SCHEDULE III. LIST OF ACTS REPEALED. Date. Title of Act. Extent of Repeal. 4 Geo. IV. c. 64. 5 Geo. IV. c. An Act for consolidating and amending the laws relating to the building, repairing, and regulating of certain gaols and houses of correction in England and Wales. An Act for amending an Act of the last session of Parliament relating to the building, re- pairing, and enlarging of cer- tain gaols and houses of correction, and for procuring information as to the state of all other gaols and houses of correction in England and ■\Yales. The whole Act. The whole Act. SCHEDULE III. 143 Date. Title of Act. 6 Geo. IV. c. 40. 7 Geo. IV. c. 18. 5 & 6 W. IV. c. 38. 5f this Act, post p. 197. (•?) See s. 5 of that Act, ante p. 62. PAET I. TRANSFER AND ADMINISTRATION OF PRISONS. Transfer of Prisons. Maintenance of Prisons and Prisoners out of Public Funds. 4. On and after the commencement of this Act all expenses incurred in respect of the maintenance of Ti-isnnAo w hich this Act appli gg/and of the prisoners t herein , ' shall be defrayed outrof" moneys provided by Farnainent. (t) (t) The Act will come fully into operation on the 1st of April, 1878 (see s. 2, ante p. 149). As to the prisons to which the Act applies, see s. 3, and the notes thereto. The term " maintenance of a prisoner " THE PRISON ACT, 1877. 151 is defined by the 57th section of this kct,post p. 195. The Prison Act, 1865, required (s. 8, ante p. 65) that there should be provided at the expense of every county, riding, division, hundred, liberty, franchise, borough, town, or other place having a separate prison jurisdiction, adequate accommodation for its prisoners in a prison or prisons constructed and regulated in compliance with the requisitions of that Act ; and declared that all expenses incurred by a prison authority in carrying into effect the provisions of the Act should be defrayed out of the county rate, or rate in the nature of a county rate, borough rate, or other rate leviable in the county, riding, division, hundred, liberty, franchise, borough, town, or other place having a separate prison jurisdiction, and applicable to the maintenance of a prison, or out of any other property applicable to the purpose. The effect of the provisions of the present section, in conjunction with those of the 16th section of this Act (see post p. 163), which abolishes, from the date above mentioned, the local obligation of any county, town, or other place as already named, to maintain a prison or to provide prison accommodation for its prisoners, will be entirely to relieve the local rates, after that date, from all expenses connected with the future maintenance of prisons to which the Act applies, and of the prisoners confined in them, and to transfer the burthen of those expenses to the Imperial Exchequer. Prisons to vest in Secretary of State. 5. Subject as in this Act mentioned (u) — 1. Th e prisons to which this Act appli es, and the furniture and effects belonging thereto ; (v) also, 2. The anpoiritjrient of all officers, (w) a nd the control a nftsafe custody of the prisoners in tho prisoT^T to which this Act applies ; also all powers and jurisdiction at common law or by Act of Parliament or by charter vested in or exercise- able by prison authorities or the justices in sessions assembled, (x) in relation to prisons or prisoners within their jurisdiction, shall, on and after the commencement of this Act, (y) be transferred to, vested in , a nd exercised by one of Her Majesty's principal Secretaries of State, in this Act referred to as the Secretary of State. (m) See ss. 6, 7, 9, iS, post pp. 153, 154, 155, 191, respectively. (i?) The Act applies to all prisons belonging to any prison authority 152 THE PRISON ACT, 1877. as defined by The Prison Act, 1865 (see s. 3, ante p. 150). As to the meaning of the term " prison," see The Prison Act, 1865, s. 4, ante p. 61, and s. 60 of this Act, j)ost p. 197. The meaning of the term " furniture and effects belonging to a prison " is defined by s. 56 of this Act, post p. 195. Although this section declares that "the prisons to which the Act applies, and the furniture and effects belonging to them," shall, on and after the commencement (1st of April, 1878) of the Act, be transferred to and become vested in the Secretary of State, it is expressly declared by the 48th section of the Act (see post p. 191) that the "legal estate " in every such prison, and in the site and land belonging thereto, and in the furniture and effects, shall, on and after the date just mentioned, be deemed to be vested in the Prison Commissioners and " not in the Secretary of State," but it is further declared by the same section that they shall from time to time be disposed of by the Commissioners in such mode as the Secre- tary of State, with the consent of the Treasury, may direct. (w) The officers heretofore required to be appointed for every prison will be found named in the 10th section of The Prison Act, 1866 (ante p. 66). The Prison Commissioners are, however, subject to the approval of the Secretary of State, to appoint (s. 9, post p. 155) all such officers of a prison as are by The Prison Act, 1865, declared (Regulation 104, Sched. I., ante p. 141) to be subordinate officers of a prison. The Commissioners are also to appoint, subject to approval, as above stated, all such officers and servants, with the exception of the inspec- tors of prisons, who are to be appointed by the Secretary of State himself, as may be required for assisting them in the performance of their duties, the number of those officers and servants being deter- mined, with the sanction of the Treasury, by the Secretary of State (see s. 7, post p. 154). As to the tenure of office of officers attached to prisons at the time of the commencement of this Act, and as to their distribution amongst and employment in the prisons to which the Act applies, see s. 35, post p. 177. (x) The terms "prison authorities" and "justices in sessions assembled " are (see s. 61, post p. 198) to have the same meaning in this Act, in relation to any prison, that they have (see ss. 5. 6 of the Act, ante pp. 62, 63 respectively) in The Prison Act, 1865. The provisions of this section, with respect to the transfer to and the exercise by the Secretary of State of the powers and jurisdiction of prison authorities, are not to affect the powers or jurisdiction of those authorities in relation to any reformatory school, or to any industrial school under The Reformatory Schools Act, 1866, or The Industrial Schools Act, 1866, or either of them, or any Act amending them or either of them (see s. 52 of this Act, post p. 193). The general rules for the govern- ment of prisons made by the Secretary of State, on the transfer to him under this Act of the powers hitherto exercised in relation to prisons by the justices in sessions assembled, will be found in the Appendix, post pp. 279—293. (y) The 1st of April, 1878 (s. 2, ante p. 149). THE PRISON ACT, 1877. 153 ADMINISTRATION OF PRISONS. Prison Commissioners. Appointment of Prison Commissioners. 6. For the purpose of aiding the Secretary of State in carrying into effect the provisions of this Act relat- ing to prisons, Her Majesty may, on the recommenda- tion of the Secretary of State, at any time and from time to time after the passing of this Act (V), by warrant under her sign manual, appoint any number of persons to be C ommissioner s during Her Majesty's pleasure, so that the whole number of Commissioners appointed do not at any one time exceed five, (a) and may, on the recommendation of the Secretary of State, on the occasion of any vacancy in the office of any Commis- sioner by death, resignation, or otherwise, by the like warrant appoint some other fit person to fill such vacancy. The Commissioners so appointed shall be a body corporate -with a common seal, with power to hold land without license in mortmain so far as may be necessary for the purposes of this Act, (b) and shall be styled " The Prison Commi ssioners." The Secretary of otate may from time to time appoint one of the Commissioners to be chairman. Any act or thing required or authorised to be done by the Prison Commissioners may be done by any one or more of them as the Secretary of State may by general or special rule direct, (c) («) See s. 2, ante p. 149. (a) The first appointment of Prison Commissioners under the Act was made on the 17th of July, 1877, when Lieutenant-Colonel Edmund Frederick Du Cane, C.B., R.E., Vice-Admiral William .Windham Hornby. John Watlington Perry Watlington, Esq., and Walter James Stopford, Esq., were appointed to be such Commis- sioners. As to the salaries of the Commissioners, see s. 8, post p. 155. 154 THE PEISON ACT, 1877. (b) As to the vesting of the legal estate in prisons, etc., in the Prison Commissioners, see s. 48, post p. 191. (c) The general duties of the Prison Commissioners are prescribed by s. 9 of this Act. post p. 155. As to their duties in making reports and returns to the Secretary of State or to Parliament, see ss. 10, 11, 12, post pp. 157, 158 respectively. The provisions of the Act with respect to the legal requisites of the rules of the Secretary of State will be found in s. 51, post p. 192. Appointment of Inspectors, Officers, and Servants. 7. The Prison Commissioners shall be assisted in /the performance of their duties by such number of inspectors, storekeepers, accountants, and other officers and servants as may, w ith, the sanction of the Treasury , as to numb er, be determined by the _Secretary of State. The inspectors shall be appointed by the Secretary of State, (d) the other officers and servants of the Prison Commissioners by the Prison Commissioners them- selves, subject to the approval of the Secretary of State. (<#) The inspectors of prisons have hitherto been appointed by the Secretary of State, under the provisions of the 7th section of the Act 5 & 6 W. IV. c. 38 (see that Act in the Appendix), but that section is, from and after the commencement (1st of April, 1878) of this Act, re- pealed (see s. 45, post p. 187) so far as respects England. The appoint- ment of such inspectors will thenceforth, therefore, be made under the provisions of this Act. But on and after the commencement of this Act, any duties required by Act of Parliament or otherwise to be per- formed by an inspector of prisons appointed under the Act 5 & 6 W. IV. c. 38, may, subject to any directions to be given by the Secretary of State, be performed by any Prison Commissioner or inspector appointed under this Act. The inspectors holding office at that date, under the Act 5 & 6 W. IV. c. 38, are, however, to become inspectors under this Act, in the same manner, and liable to the performance of the same duties, as if they had been appointed under it, subject to the following qualifications : — (1) That every such inspector shall hold his office by the same tenure, and upon like terms and conditions, as if this Act had not passed, and shall receive a salary of not less amount than that which he has hitherto received ; and (2) That any duties such inspectors may be required to perform in pursuance of this Act shall be the same as or analogous to the duties which they performed previously to its com- mencement (s. 45, post p. 187). As to the salaries of the new inspectors, see s. 8, post p. 155. THE PRISON ACT, 1877. 155 Salaries. 8. There may be paid, out of moneys provided by Parliament, to all or any one or more of the Prison Commissioners (e) such salary for their or his services as the Secretary of State may, with the consent of the Treasury, determine. There shall be paid, out of moneys provided by Parliament, to the inspectors and other officers and servants (/") of the Prison Commissioners such salaries as the Secretary of State may, with the consent of the Treasury, determine. 0) As to the appointment of the Prison Commissioners, see s. 6, ante p. 153. (/) As to the appointment of the inspectors and other officers and servants of the Prison Commissioners, see s. 7, ante p. 154. Duties of Prison Commissioners. 9. i The general superintendence of prisons under this Act (g) shall be vesteoT in the Prison Commissioners, subject to the control of the Secretary of State. Subject as in this Act mentioned, (It) the Prison Com- missioners shall appoint all such officers of a prison as are by The Prison Act, 1865, declared, to be subor- dinate officers of a prison, (i) such appointments to be for general prison service. The Prison Commissioners shall also make contracts, (J) and do all other acts neces- sary for the maintenance of the prisons and prisoners within their jurisdiction: Subject to the control of the Secretary of State, the Prison Commissioners, by themselves or their offi- cers, shall visit and inspect the prisons within their jurisdiction, and shall examine into the state of the buildings, so as to form a judgment as to the repairs, additions, or alterations which may appear necessary, regard being had to the requisitions of The Prison Act, 156 THE PRISON ACT, 1877. 1865, as amended by this Act, with respect to the separation of prisoners and enforcement of hard la- hour, (k) and shall further examine into the conduct of the respective officers, andjfche treatment and conduct oj' the prisoners, the means of setting them to work, the amount of their earnings, and the expenses attend- ing the prison, and shall inquire into all abuses within the prison, and regulate all matters required to be re- gulated by them. Subject to the control of the Secretary of State, the Prison Commissioners, or any one or more of them, may, in addition to any powers otherwise conferred on them by this Act, exercise in relation to any prison under this Act (g), and the prisoners therein, all powers and jurisdiction by any Act of Parliament or at common law, or by charter, exerciseable by visiting justices, or a visiting justice, of a prison. And any reports, acts, or things required to be made or done to or by or in relation to the visiting justices, or a visiting justice, of a prison, at common law, or by any Act of Parliament, or by charter, shall, except in so far as is otherwise provided by this Act, be made or done to or by or in relation to the Prison Commis- sioners, or any one or more of them, or to or by or in relation to such persons or person as the Secretary of State may from time to time appoint. The Prison Commissioners shall, in the exercise of their powers and jurisdiction under this Act, conform to any directions which may from time to time be given to them by the Secretary of State. (ost p. 194. As to Contracts and Debts. General Saving of Rights of Creditors. 20. Nothing in this Act contained (m) shall (save as in this Act mentioned with respect to contracts and obliga- tions between prison authorities) (n) affect any right or claim of any creditor of a prison authority under any 168 THE PRISON ACT, 1877. contract legally made (o) or in respect of any dealing legally had before the commencement of this Act, (p) and between such creditor and the prison authority of which he is a creditor such contract may be enforced in the same manner in all respects as if this Act had not passed. (m) The local obligation of any county, borough, or other place as mentioned or referred to in this Act to maintain a prison or to provide prison accommodation for its prisoners, 'will, as we have already seen (s. 16, ante p. 163), cease on the commencement of the Act, and all expenses incurred in respect of the prisons to which the Act applies, and of the prisoners in them, will thenceforth be defrayed out of moneys provided by Parliament ; so that the powers of prison authorities, except in so far as special provision is made by this Act to the contrary, in respect of any such matters or expenses, will likewise cease. But, while the powers of prison authorities will thus terminate as regards the entering into any new contracts or deal- ings, this section expressly preserves the rights and claims of any creditor of a prison authority, not being also a prison authority, in respect of any contract legally made or in respect of any dealing legally had before the period above mentioned, and also preserves to him the same power and means of enforcing them which he would have if the Act had not passed. See also s. 23, _post p. 169, as to con- tinuing contracts. (n) See s. 21, infra. (o) As to the manner in which prison authorities may make con- tracts, see The Prison Act, 1865, s. 7, ante p. 64. (p) The 1st of April, 1878. Determination of Contracts between Prison Authorities. 21. Any contract made or obligation undertaken by any prison authority witja any ot her prisomjuiihacifc r for or in relation to flie lll^fflenaffce' l o , i any prison or prisoners, or any matter relating to such mainte- nance, (q) shall be deemed to be determined on and after the commencement of this Act, without prejudice nevertheless to any moneys which may have accrued due under or in respect of such contract or obligation at or before the commencement of this Act. (r) (q) As to the power of prison authorities to make such contracts, see The Prison' Act, 1865, s. 31, ante p. 82. THE PRISON ACT, 1877. 169 (r) The Act will come into operation on the 1st of April, 1878 (s. 2, ante p. 149). As to the manner in which any moneys payable under any contract to which this section applies are to be raised, see The Prison Act, 1865, ss. 8, 32, ante pp. 65, 83. See also s. 22, infra, as to the payment of existing debts by prison authorities. Existing Debts to be defrayed by Prison Authorities. 22. There shall be defrayed by a prison authority, in the same manner as if this Act had not passed, (s / — (1) All debts due and sums of money payable in respect of contracts performed, dealings com- pleted, or any matter or thing done before the commencement of this Act ; and, (2) All mortgage debts (together with interest from time to time accruing thereon) con- tracted in respect of any prison. A mortgage debt in this section shall include any moneys which at the commencement of this Act have been borrowed or contracted to be borrowed by a prison authority on the security of any prison, or on the security of any rate applicable to the payment ot the expenses of a prison, also any debt or liability contracted before the commencement of this Act, for the payment of which debt or liability money is authorised to be borrowed in pursuance of section twenty-three of The Prison Act, 1865. (t) (s) See The Prison Act, 1865, ss. 8, 27, 32, ante pp. 65, 79, 83. (t) That is to say, a debt or liability in respect of the alteration, enlargement, or rebuilding of a prison, or the building of a new prison (see the section in question, ante p. 77). As to the power of the Secretary of State to allow time to a prison authority to com- plete a prison contracted to be built at the time of the passing (12th of July, 1877) of this Act, and as to the allowance to be made to a prison authority in respect of an uncompleted prison, see s. 19, ante p. 166. Provision as to continuing Contracts. 23. Where any contract or dealing, in which any prison authority is concerned, is a continuous contract 170 THE PRISON ACT, 1877. or dealing, to be performed partly before and partly after the commencement of this Act, (u) and is not a con- tract or dealing which is declared by this Act to have determined, (v) and is not a mortgage debt as defined by the previous section, such contract or dealing shall be deemed to be divisible, and as to so much thereof as is performable before the commencement of this Act, shall create a debt or obligation to be discharged or performed by the prison authority concerned therein, (iv) and as to so much thereof as is performable after the commencement of this Act, shall create a debt or obliga- tion to be discharged or performed out of moneys provided by Parliament. (u) The 1st of April, 1878 (s. 2, ante p. 149). (c) That is to say, a contract or dealing between one prison autho- rity and another prison authority (see s. 21, ante pp. 168). ('«•) See ss. 20, 22, ante pp. 167, 169. As to Classification and Commitment or Prisoners. Confinement of Prisoners before and during Trial. 24. The Secretary of State may from time to time, by any general or special rule, (x) appoint in any county a convenient prison or prisons in which prisoners are to be confined before and during trial, or at either of such times, and any prisoner who might, if this Act had not passed, have been lawfully confined in a prison situate within the area of such county may be lawfully confined in any prison or prisons so appointed : More- over, the Secretary of State may by any general or spe- cial rule (x) from time to time appoint any convenient prison or prisons in any adjoining county to which prisoners may be committed for trial, safe custody, or otherwise, and any prisoners may be committed to such prison accordingly. As to the legal requisites and proof of such rules, see s. 51, post p. 192. The rule thus made will be found pott pp. 259, 260. THE PEISON ACT, 1877. 171 Confinement of Prisoners after Conviction. 25. The Secretary of State may from time to time, by any general or special rule,(?/) appropriate either wholly or partially particular prisons within his juris- diction to particular classes of convicted criminal £ prisoners, (s) and^may. remov e y any convicted criminal ^c ^ prisoner (z) from any one prison to any other prison d^<4 within his jurisdiction for the purpose of his under- /l^. c^ going the whole or any portion of his punishment in such prison ; provided that a prisoner who is confined in a prison situate beyond the limits of the county, borough, or place in which he was convicted of his offence shall, at the time of his discharge, be taken back at the public expense to the county, borough, or place in which he was so convicted. (y) As to the legal requisites and proof of rules made by the Secretary of State, see s. 51, jwst p. 192. (z) As to the meaning of the term "criminal prisoner," see The Prison Act, 1865, ss. 4, 67, ante pp. 61, 102, and s. 61 of this ko,t,post p. 198. Provision is made by s. 29, post p. 173, for the making of an allowance, not exceeding two pounds, to prisoners on their discharge from prison. See also The Prison Act, 1865, s. 43, ante p. 90, as to providing discharged prisoners with the means of re- turning to their place of settlement. Confinement of Debtors and Prisoners who are not Criminal Prisoners. 26. The Secretary of State may from time to time, by any general or special rule, (a) appoint in any county a prison or prisons in which debtors and prisoners who are not criminal prisoners (6) are to be confined during the period of their imprisonment, and it shall be lawful to confine in any prison so appointed during the period of his imprisonment any debtor or prisoner who is not a criminal prisoner who might, if this Act had not passed, have been confined during such 172 THE PRISON ACT, 1877. period in any prison situate within the area of the county. (a) As to the legal requisites and proof of such rules, see s. 51, pos p. 192. The rule thus made will be found post p. 259. (b) See ss. 4, 67 of The Prison Act, 1865, ante pp. 61, 102, and ss. 38, 40 ; 41 of this Act, post pp. 183, 186. Saving as to Commitment of Prisoners. 27. Subject to this Act, and any rules made in pursuance thereof, prisoners may be committed to the same prison to which they might have been committed if this Act had not passed. The committal or imprisonment of a prisoner to or in a prison, if otherwise valid, shall not be illegal by reason only that such prisoner ought, according to the law for the time being in force, to have been com- mitted to or imprisoned in some other prison, but any such prisoner as is mentioned in this section shall, on application made on his behalf in a summary manner to any judge of the High Court of Justice, be entitled to be removed at the public expense to such other prison as aforesaid. Legal Custody of Prisoner. ' 28. A prisoner shall be deemed to be in legal custod j whenever he is being taken to or from, or whenever he is confined in, any prison in Which he may be lawfully c onfine d , or whe never he is working outside or is othe r- wise cJeyond the walls of any such prison in the custody or under the control of a prison officer belonging to such prison, land any constable or other officer acting under the order of any justice of the peace or magistrate having power to commit a prisoner tp^ prison may »l convey a prisoner to_ or from any prison to o r from | l\ which he _may J je legally ^ojm2ntieii_^r_j^moved, nol- ' withstanding such prison may" be beyond the constable- wick or other jurisdiction of such constable or officer, in THE PRISON ACT, 1877. 173 the same manner and with the same incidents as if such prison were within such constablewick or other juris- diction, (c) 0) See also The Prison Act, 1865, ss. 58. 63, ante pp. 93, 100. Allowance to Discharged Prisoners. 29. Where any prisoner is discharged from prison, (d) the Prison Commissioners may, (e) on the recommenda- tion of the Visiting Committee or otherwise, order a sum of money, not exceeding two pounds, to be paid by the gaoler to the prisoner himself or to the treasurer of a cer- tified Prisoners' Aid Society (/) or Refuge, on the gaoler receiving from such society an undertaking in writing, signed by the secretary thereof, to apply the same for the benefit of the prisoner. (d) As to the discharge of a prisoner from prison, see The Prison Act, 1865, s. 41, ante p. 89. (n seryice,frm jmnuitv," l >v war of superannuation allowance, not exceedin g two- f thi rds of his salary and em oluments, or' aTgratuity not^o" f exceeding the amount of his salary and emoluments foH tf one year, (y) ' I/ 3 A ^^*If n.ny office i n any priso n to which this Act applies \i is abolished, or an y orrice"r""is retired '"6r r emoved; any existing officer of a prison who oy reason of_such abolition, retirement, or removal is deprived of j^ny salary or emoluments s hall be dealt with in manner \ / provided by The _ Superannuation^ Act.J. 8oT£ with \ respect to a person" retiring or remove d^ fr o m thj publi c service in consequence of the aboliti on of his JL \ office, or for the purpose^o Tlacilitating improv ements ^jJL i n the organization of "thedenartment to wi nch he rv4 — belongs, (z) *~**~~ ^* — '« Prison service," for the purposes of this section, means, as respects the period before the commencement of this Act, service in a particular prison, or in the prisons of the same authority, transferred to the Secre- tary of State, (a) and as respects the period after the commencement of this Act, service in any such prison or in any other prison transferred to the Secretary of State under this Act. (a) Any^mnuity' oy wav of s uperannuation allowance, or prmtmtv ^ra nted under i his section, shall be app or - tioned ' between the perioTT of service befor e tITe~cpm^" liToncement of this Act and the peri od of~service* ffiW the commencement of this ActJ; and so much of such //''Si nnuitv or allowance' as is p ayable in respect of ser vice '' before the commencement of this^Act J regard being had V d THE PRISON ACT, 1877. 181 to the amount of salary then paidlbut without taking > into account any numtjer of years aadecTtb The" officer j g .. ^^ ^; service o n account of .abo lition of o ffice Qr JorJj.iciIi- **^ , ' tating the' organizatio n of the department shall be paid f~^ft t * t/ - bv the prison authority of the prison in which the 3. Nothing in this Act contained shall'^e ntitlg any exitin g officer of a prison to any superannuation or other" allowance, the ''conditions of whose office 'would not have entitled him to superannuation or other alibwance under The Prison Act, 1865. (y) \ti) The provisions of this Act with regard to the superannuation or other allowance to be made to existing officers of a prison, or, in other words, to officers attached to prisons at the time oi the commence- ment of this Act (1st of April, 1878), will be found in s. 36, ante p. 179. See also Notes (y) and (c) to that section, ante p. 181. Commutation of Payment by University of Oxford to the City of Oxford. 54. The chancellor, masters, and scholars of the University of Oxford shall, in consideration of their beino- relieved from their obligation under The Oxford Police Act of 1868 to contribute to gaol expenses, pay to the mayor, aldermen, and citizens of the City of Oxford, on or before the first day of April, one thousand eight hundred and seventy-eight, the sum of four hundred pounds : and the said chancellor, masters, and scholars shall, from that date, be discharged from all liability under the said Act in respect of gaol expenses. Power for Secretary of State and Prison Authority to Compromise and liefer to Arbitration. 55. The Secretary of State on the one hand (with the assent of the Treasury so far as any public moneys THE PRISON ACT, 1877. 195 are concerned) and a prison authority on the other may, with a view to carry into effect the purposes of this Act, compromise any matter, or settle any differ- ence, or refer to arbitration any matter or difference, (z) A reference to arbitration under this Act shall be to a single arbitrator, and the provisions of The Common Law Procedure Act, 1854, shall apply accordingly. (;) The Prison Act, 1865. also makes (s. 51, ante p. 95) provision for the reference of certain differences to arbitration. The terms of that Act differ, however, from those of this section, inasmuch as they are confined in their application to differences expressly directed by the Act to be settled in that manner ; whereas the terms of this section are general, and authorize the reference of any matter or difference to arbitration, with a view to carry into effect the purposes of the Act. Definition of "Furniture and Effects belonging to a Prison." 56. The expression " furniture and effects belonging to a prison" includes all furniture, beds, bedding, clothes, linen, implements, machinery, and stores, except goods manufactured for side, and materials in store for the purposes of such manufacture, also all books, papers, registers, and documents whatsoever relating to such prison or to the prisoners therein, also all articles whatsoever, whether or not of the same kind as those previously described, belonging at the com- mencement of this Act to the prison authority of any prison for the purposes of such prison. Definition of " Prisoner" " Maintenance of a Prisoner," and " Cell Accommodation for a Prisoner." 57. A " prisoner " for the purposes of this Act . ^^ means any person committed to prison on remand or for trial, safe custod^'puin'ishment, o r otherwis e, and '• the maintenance of a prisoner " includes all such ii: cessary expenses incurred"*?!? respect of a prisoner tor ffl 196 / THE PRISON ACT, 1877, food, clothirig, custody, safe conduct, and removal from one place of confinement to another, or otherwise, from the period of his committal to prison 'until his de ath or jjschar ge_f r oirr-"png ori . as would if t his Act h ad not /w passed nave been payable by a prisonauthori^, with /tT this proviso, that nothing in tm^^ro^nanexempt a / ££ r p risone r from payment of anv 'ro ^s^or e xpense s in respect of his conveyance to prison er otherwjsej which r j/ f he would have been liable to pay if t his Act had n ot _ p assed . r Tor the purposes of this Act, sufficient accommoda- tion for the prisoners belonging to a prison authority shall, as nearly as can be ascertained, be deemed to be the average daily number of prisoners maintained at the expense of such authority, whether in its own prison or in a prison belonging to some other prison authority, during the five years immediately preceding the first day of January one thousand eight hundred and seventy-seven. " Cell accommodation for a prisoner " means a cell for the separate confinement of such prisoner certified in pursuance of The Prison A ct, 1865. (a) a ) See ss. 18, 75 of that Act, ante pp. 73, 107., 157. Marines : duty of gaoler, &c, of a prison, &c, to receive into custody, 243. Marine Offenders : (See also Deserters). duty of gaoler, &c. as to reception and imprisonment of, under the Marine Mutiny Act, 242, 243, 245, note (y). solitary confinement of, 243, 244, 245 note (y). corporal punishment of, 244. subsistence of in prisons, &c, provisions as to, 246, 243, note («). removal or discharge of, in certain cases, 245, note (y). duties of gaoler on expiration of imprisonment of, and of persons suspected to be marines, 246, 247. what payments to be made to gaoler in respect of marines dis- charged from prison, 247. Mask : conveyance of, into prison, with intent to facilitate escape of prisoners, to be felony, 40, 87. Matron : (See also Gaoler). to be appointed for prisons where females are imprisoned. 24, 67. to be deemed gaoler, where females only are imprisoned, 24, 67. to perform duties of gaoler as regards female prisoners, 117. when she may search female visitors, 127. gaoler to be accompanied by, &c, on visiting female prisoners, 132. to reside in the prison, 135. her general duties, 135. to visit daily every part of the prison occupied by females, 135. to see female prisoners once a day, at least, 135. weekly, at least, to go through prison at an uncertain hour of night, 135. absence of, from prison, provisions as to, 136. may appoint a deputy, during absence, 136. 32G INDEX. Matron (continued) — powers and duties of deputy of, 136. her duties in keeping a journal, 136. duty of, to accompany &c, male officers, &c, on entering part of prison allotted to females, 292. Mayor : not to be interested in contracts relating to borough gaol, 208. penalty for being so interested, 208. Meaning of Terms : (See Definition of Terms). Mechanical Restraint : when prisoner may be put under, 129. duty of gaoler in case of prisoner being placed under, 129, 291. limitation of time for keeping prisoners under, 129, 291. power and duties of Visiting Committee as to placing prisoners under, for an extended period. 264. means of applying, to be approved by Secretary of State. 287. order of Visiting Committee required for use of for extended period, 291. Medical Aid : when additional to be called in by surgeon, 137. Military Offenders : (See also Deserters). duty of gaoler etc., as to reception and imprisonment of, under the Mutiny Act, 236. solitary confinement and corporal punishment of, 236, 237. removal or discharge of in certain cases. 237. 238. subsistence of in prisons, &c, provisions as to. 239. duties of gaoler on expiration of imprisonment of, or of persons sus- pected to be soldiers. 2-tO. penalty for refusal by gaoler to receive, &c, 212. Military Prisons : P. A., 1865, and P. A., 1877, not to apply to, 1. 61. 150. provisions of The Prevention of Crimes Act. 1871. a- to registering and photographing criminals, not to apply to. 232. Minister : (See Prison Minister). Misdemeanants : when to be divided into two divisions. 37. 102. of first division, not to be deemed criminal prisoners. 28, 103. prisoners convicted of sedition, or seditious libel, and persons im- prisoned for contempt of court to be treated as first class, 39, 40, 186. of first division, supply of books. &c. to. and occupation for, 265, 275. when to be allowed to wear their own clothing. 265. 274. provision and reception of their own food by. 265. 274. when to be permitted to occupv special rooms or cells, &c, 265, 273, 274. of the first division, special rules for, 272 — 276. INDEX. 327 Misdemeanants (continued) — to what other persons special rules for, are to apply, 276. what persons to be placed in first division of, 273. when not to be required to take a bath on admission, 273. search of, on admission, 273. in what cells to be placed on admission, 273. what cells or rooms to occupy, 273. not to associate or exercise with criminal prisoners, 273. power and duties of Visiting Committee and gaoler, as to granting permission to in certain cases, 273. how money belonging to, in goaler's hands, may be applied. 274. what quantity of malt liquor, &c, they may procure or buy, 271. not to sell or transfer articles introduced for their use, 27-1. personal cleanliness of, rules as to, 275. when they may work and follow their own trades, Sec, 275. when period of visits to, may be prolonged, 275. when visits to, and to criminal prisoners, not to be in same place, 276. of first division, attendance of at Divine Service, 276. restriction of allowance of privileges to, 276. how far to be subject to general prison rules, 276. Money : (See also Interest). prison authority empowered to borrow, for building. &c. prisons. 77. on what rates or property money so borrowed to be charged, 79. repayment of money so borrowed, 80. loan of, by Public Works Loan Commissioners, to build prisons, 81. found on prisoner, duty of gaoler as to. 116. belonging to prisoners awaiting trial, application of. 118. 269. belonging to misdemeanants of first division, application of. 274. prison officers not to receive from prisoners or visitors, 131. prison authority may borrow to pay compensation for unprovided cell accommodation, 9, 164. and for making payment on discontinuance of prison, 52. 177. may be borrowed as one loan or as several loans under provisions of Local Loans Act, 1875, 189. period within which such loans must be repaid, 164, 177. when period for repayment to begin. 189. rates may be given as security for, and levied in same manner, as if P. A., 1877, had not passed, 189. power of Public Works Loan Commissioners to lend, for certain purposes under P. A., 1877, 190, 191. court of gaol sessions may raise, on mortgage of county rates, 203. town council may borrow for certain prison purposes, 210. how repayment of, borrowed by town councils, may be secured, 210. suspension of officers for carrying into or out of prison contrary to orders, 289. Mortgage : by or with prison authority, how to be executed. 11. 64. certain clauses of Commissioners Clauses Act, 1847, to apply to, 80. 328 INDEX. Mortgage (ct nt'nued) — mortgage in respect of a prison scheduled in P. A.. 1865, not to be affected by discontinuance of prison. 108. court of gaol sessions may raise money on. of county rates, 203. town councils may borrow on, for certain prison purposes, 210. Mortgage Debts : to be paid by prison authority, 13, 169. what the term is to include, 13, 169. Mortgagee : power of, to obtain payment of loan made to a prison authority, under P. A., 1865, 80. Municipal Borough : definition of, 2. 61. definition of term " borough," 2, 61, 197. who to be prison authority in. 4. 62. special sessions in, for appointing Visiting Committee, 21, 159. rules for appointing Visiting Committee in. 251 — 258. 262. 263. time of holding special sessions in, for appointing Visiting Com- mittee. 251. 262. termination of local obligation of, to maintain a prison, 8, 168. approval of salary of prison officers, by council of, 24, 70. how far council of, may appoint gaoler. &c, of prison of, 24. 109. conditions under P. A., 1865, as to building. &c, prison of. 78. payment of certain sums by, in respect of felonies and misde- meanors. 206. payment of expenses of prosecution at assizes of offenders from. 207. certain county gaols included within limits of. still to be deemed part of the county, 208, 209. inavor. &c, not to be interested in contracts relating to gaol of, " 208. gaol of, may be built beyond the limits of, 208. certain debtors, &c, in, may be removed to county gaol, 209. council of. may borrow money for certain prison purposes, 210. how repayment of money borrowed by council of. to be secured. 210. gaol rate in. to be made, kc, in same manner as borough rate. 211. when gaol and house of correction to be provided for. 211. expenses of prisoners of, in county prisons, how to be defrayed, 21 2. expenses of prosecution of such prisoners, how to be defrayed. 213. account of expenses to be rendered, 213, 214. when to be free from county rate, 214. National Monuments : protection and maintenance of prisons, in the nature of, 15, 192. Naval Prisons : P. A.. 1865. and P. A.. 1877, not to apply to. 1, 61, 150. provisions of The Prevention of Crime- Act, 1871 as to registering and photographing criminals, not to apply to, 232. INDEX. 329 Necessaries : criminal prisoner may provide himself with before trial, 118. not to sell, &c, to other prisoners, 118, 270. to receive prison allowance of, if he does not provide them, 119. debtor may provide himself with in prison, 118. not to sell "to other prisoners, 118, 277. to receive prison allowance of, if unable to provide himself with, 118. Newcastle-under-Lyne : borough prison of, to be discontinued, 48, 103. Non-Resident Officers : when to make entries in non-resident officers' book. 140. Non-Resident Officers' Book : to be kept in every prison, 140. chaplain and other non-resident officers to enter therein the date of their visits, 140. gaoler to be responsible for safe custody of. 141. to be produced to the Commissioners, or to any justice of the county, &c, when required, 141, 156, 289. Notice : of appointment, of chaplains and assistant-chaplains, to be sent to bishop, 26, 69. of penalties, for offences in relation to, to be placed outside of, prisons, 41. 88. what, to be served on prison authority on discontinuance of a prison, 51, 176. public, to be given of appropriation, &c, of particular prisons to particular classes of prisoners, 84. of purchase or sale of land, &c, by prison authority, 93. what, to be given by gaoler, on expiration of imprisonment of military offenders, 240. what, to be given by gaoler, on expiration of imprisonment of offenders from the Marines, 246. Obligation : local to maintain prisons, 7, 65. termination of local, to maintain prisons, &c, 8, 163. determination of any existing, between prison authorities. 12, 16S. discharge of an existing, by prison authorities, 13, 169, 170. Offences against Prison Discipline : what are. 128. 286. power of gaoler to hear complaints of, and to punish certain. 128, what punishment may be awarded fur, 128, 286. yearly return of, to be made to Parliament. 20, 158. by whom punishment to be awarded for, 128, 161. entries to be made respecting punishment for, 128. when prisoner guilty of repeated, &c, gaoler to report same to Visiting Committee, 129, 160. 330 INDEX. Offences against Prison Discipline (continued) — repeated groundless complaints of food to be punished as, 281. prisoners refusing to obey regulations as to their being photo- graphed, to be deemed guilty of, 232. punishment cells to be provided for confinement of prisoners guilty of, 35, 72. book to be kept for entry of all punishments inflicted for, 134. Visiting Committee to furnish information respecting. 204. what, to render certain male prisoners liable to corporal punish- ment, 286. Offences in relation to Prisons : provisions as to, 40, 41, 87, 88. notice of penalties for, to be placed outside, 41, 88. how to be prosecuted, 41, 94. Operation (Surgical) : surgeon not to perform any serious, without consultation with another medical practitioner. 137. Officers of Prisons : (See Prison Officers). Order : for discontinuing a prison, to be laid before Parliament, 51, 175. made under Acts repealed, saving clause as to. 52. 106. for infliction of corporal punishment to specify number of lashes, &c, and to be duly entered, 287. Oxford (City of) : commutation of payment to, by University of Oxford, in respect of gaol expenses, 194. Papers : special rules to be made as to retention of, by unconvicted prisoners, 39, 184. what, prisoners awaiting trial are to be allowed to retain. 269. printed, not to be admitted into prisons without permission, 125. for religious instruction, to be chosen by chaplain, kc, 125, 126. catalogue of, to be kept by gaoler. 126. included in term "furniture and effects," 5, 195. suspension of officers for carrying into or out of prison, 289. Parliament : maintenance of prisons and of prisoners out of moneys to be provided by, 8, 150. rules made by Secretary of State, to be laid before. 46, 193. annual report of Prison Commissioners, to be laid before, 19, 157. annual return to be made to, of punishments and offences of prisoners, 20, 158. order for discontinuance of a prison, to be laid before, 51, 175. salaries of Prison Commissioners, Inspectors, &c, to be paid out of moneys provided by, 17, 155. INDEX. 331 Parliament {continued) — when compensation to prison authorities to be paid out of moneys provided by, 9, 164 ; 10, 165. rules as to execution of judgment of death, to be laid before, 228. for offences in relation to prisons, 41, 87, 88. Penalties : notice of, to be placed outside prisons, 41, 88. how to be recovered, for offences in relation to prisons, 41, 95. for obstructing Inspectors of Prisons, 188, note(o), 206. for obstructing Inspectors, how to be recovered, 188, note (o). 206. for signing false certificate, &c, on execution of judgment of death, 228. for refusal by gaoler to receive bankruptcy prisoners, 230. for refusal or neglect of gaoler, &c, to make returns of convicted criminal prisoners, 231. for gaoler wilfully making a return containing a false or imperfect statement, 231. for refusal of gaoler, &c, to receive, &c, military offenders, 242. for default of gaoler in giving certain notices under Marine Mutiny Act, 247. Penitentiary: (See Prisons), included in term " prison," 2, 61. Pensions : of existing officers of prisons, saving clause as to, 28, 194. Penzance : borough prison of, to be discontinued, 48, 103. Photographs : of prisoners, provisions as to the taking and keeping of, 230 — 233. regulations of Secretary of State respecting, 233 — 235, 279. punishment of prisoners refusing to obey regulations as to, 232. to whom copies of, may be given, 279, 280. Plaintiff : costs of, and against in action, under P. A., 1865, 46. 04. within what time, and where to bring his action, 47, 94. Plank Bed : when, and how long, convicted criminal prisoner to sleep on, 281. Police : power of, to visit prisoners for purpose of identification, 285. gaoler to aid, in identification of prisoners, 290. Police Station House : prisons named in schedule II. of P. A., 1865, may be used as, 49, 105. Porter (Gate) : duties of, 139. Prayers : to be read daily by chaplain, or gaoler, &c, 1 24. 332 INDEX. Prevention of Crimes Act, 1871 : certain provisions of. 230— 232. Amendment Act, 1876. provisions of, 233. regulations made by Secretary of State under, 233, 235. Printed Papers : (See Books — Papers — Documents). Prison Authority : Prison Acts, 1865, 1877, to apply to all prisons belonging to a, 1, 150. definition of, 3, 62. term, to have same meaning in P. A., 1877, as in P. A., 1865, 7, 198. expenses of. how to be defrayed, 7, 65. powers, &c, of, as to enlargement, &c, of prisons, 7, 77, 78, 79. power of, to contract for reception of prisoners, 8, 82. compensation by, in place of prison accommodation, 8, 163. when entitled to deduction from amount of compensation, 9, 164. may borrow money for payment of compensation, 9, 164. compensation to, in respect of accommodation provided for pri- soners of another authority, 9, 164. compensation to. in respect of accommodation more than adequate for its own prisoners, 10, 165. public department of State included in the term, when, 9, 166. average maximum number of prisoners of, how computed, 11, 166. may be allowed time to complete an uncompleted prison, 11, 166. allowance to be made to, in respect of uncompleted prison, 11, 166. how contracts, &c, by, are to be made, 11, 64. general saving of rights of creditors of, 12, 167. determination of contracts made by one, with another, 12, 168. existing and mortgage debts to be defrayed by, 13, 169. continuing contracts of, how to be discharged, 13, 169. powers. &c, of, to be vested in Secretary of State, 14, 151. saving of powers of, as to Reformatory and Industrial Schools, 14, 193. power of, to use certain prisons as lock-up houses, &c, 49, 105. power of. to buy and hold land, 90. pi iwer of. to sell unnecessary prison or land, 50. 92. 93. notice of intention to buy or sell to be given by, 93. notice to be served on, when prison discontinued, 51, 176, 177. powers and duties of, on discontinuance of prison, 51, 52, 176. 177. h iw far transfer of powers of, to affect sheriff or coroner, 30, 174. power of. to borrow money for building, enlarging, &c, prisons, 77. on what rates. &c, money so borrowed by, to be chargei, 79. repayment of money so borrowed by, 80. loan to. by Public Works Loan Commissioners, to build prisons, 81. payment of expenses of contracts of, with another authority, 83. appropriation by. of prisons to particular classes of prisoners, 83. public notice to be given by, of appropriation of prisons. 84. duties and liabilities of. as regards inadequate prisons, 85, 86.. ruav borrow on. and levy rates, as if P. A., 1877, had not passed, * 189. INDEX. 833 Prison Authority (continued) — power of Public Works Loan Commissioners to lend to. 190. 101. power of, to settle, &c., or refer to arbitation any matter. 47, 194. expenses of prisoners committed from jurisdiction of one, to prison of another, how defrayed, 224. Prison Commissioners : appointment of, provisions as to. 15, 153. to be a body corporate, &c, 16, 153. power of, to hold land, 16, 153. style of, 16, 153. provision as to acts of, 16, 153. legal estate in prisons, &c, to vest in, 15, 191. power of, to dispose of legal estate in prisons. &c., 15, 191. report of, as to compensation to a prison authority, 10, 165. one of the, may perform duties of an existing Inspector, 1(5, 187. may exercise powers &c, of Visiting Justices, 18, 156. appointment of certain officers and servants by, 16, 154. salaries of, 17, 155. duties of, general provisions as to, 17 — 20 ; 155 — 158. to have general superintendence of prisons. 17, 155. to appoint subordinate officers of prisons, 18, 24, 155. to make contracts, 18, 155. to visit and inspect prisons, 18, 155. when Inspector to report to by letter. 17, 77. reports, &c, by officers, ordered by P. A., 1865, to be made to, 18, 155, 289. to be subject to control of Secretary of State. 19, 155. to make reports to Secretary of State, 19, 157. to make an annual report to be laid before Parliament. 19. 157. report of, to Parliament, to contain information as to manufac- turing processes in prisons, 19, 157. to make yearly return to Parliament of punishments and offences of prisoners, 20, 158. report by, on good conduct of officer, 27, ISO. power of, to remove prison officers from house or apartments occu- pied officially, 28, 71. duties of, as regards prisoners convicted of sedition or seditious libel, 39, 186. order of one of the, or of Visiting Committee, necessary for applica- tion of test of malingering, 40, 186. power of, to make allowance to discharged prisoners, 43. 173. how far they may pay expenses of return of discharged prisoners to place of settlement, 43, 44, 90. duty of Visiting Committee in co-operating with, and in making inquiry into matters referred to them by, 2t>:5. abuses in prisons to be brought to the knowledge of, by Visiting Committee, 263. report of prisoners' complaints to, by Visiting Committee, 264. Visiting Committee to report to, respecting injurious effect of prison discipline upon mind, &c, of prisoners, 264. 331 INDEX. Prison Commissioners {continued) — report to, by Visiting Committee, respecting prisoners' diet, 264. to fix sums to be paid for use of special rooms or cells and for certain domestic services, by prisoners awaiting trial, misde- meanants of first division, &c, 265, 261, 269, 273, 274. to fix deductions from earnings of prisoners awaiting trial, 271. to fix deductions from earnings of misdemeanants of first division, 275. power of, to order prisoners to be weighed, 279. yearly report to be made to, by chaplain on religious condition, 4. consent of, required in fixing salaries of Prison Commissioners and other officers, 17, 155. power of, to grant annuity or gratuity to " existing officers of prisons," 27, 179. to determine rate of interest on certain loans to prison authorities by Public Works Loan Commissioners, 9, 52. 164. 177. when assent of, required for reference to arbitration, 47, 194. Trees : not to be allowed to grow against outer walls of a prison, 115. Under-Sheriff: (See Sheriff). University of Oxford : commutation of payment by, in respect of gaol expenses, 194. Venue : of action or suit, &c, for anything done under P. A., 1865, 47, 94. Visiting Committee of Prisons : general appointment of, 21, 158. 360 INDEX. ViHtvng Committee of Prison* (rontinvecT) — rules as to first appointment of. in counties and boroughs, 250, 251. rule as to the number of members of, and Sessions to appoint, in counties and boroughs, 252. rules as to appointments of. after the first appointment, 262. when first meeting of to be held in 1878, 251. when first meeting of, to be held after the year 1878, 263. how long to hold office after election, 263. to appoint a chairman and make rules as to their attendance at the prison. 263. chairman of, to report names. &c. of members to Secretary of State, 263. appointment of certain members of, for Worcester prison, 21, 159, 251. 257, 263. members of, not to be restricted in visiting prisons or prisoners I y provisions of P. A., 1877, or rules made under that Act, 21, 159. duties of, provision as to, 22, 160, 161. duties of. rules as to. 262 — 267. when to be deemed Visiting Justices as regards punishment of prisoners, 22, 160. attention of, to be called to entries in visitors' book, 23, 162. npon what matters to report to Secretary of State. 22, 161, 264. recommendation of, as to aid to discharged prisoners, 43, 173. assistance by, as to disposal of gratuities earned by prisoners, 266. order of, or of a Prison Commissioner, requisite for application of test for malingering, 40, 186. limitation of time of confinement of prisoners by, in punishment cells, 40, 186. members of, not to be interested in contracts relating to prison. 263. prison officers to treat members of, with respect, Ace, 263, 288. duty of. in co-operating with Commissioners and in making in- quiries and reports. 263. duty of, as regards abuses in prisons. 263. power of, to suspend prison officers, 263. to keep a book of minutes of their proceedings, 263. power of, as to reports of misconduct, &c, of prisoners, 263. power and duties of, as regards putting prisoners into irons or under mechanical restraint for an increased period. 264. order of, required for use of irons. &c., for extended period, 291. to furnish information as to offences and punishments, 264. duty of. as to hearing prisoners' complaints, 264. duty of, as to reports relating to injurious effect of prison disci- pline upon mind or body of a prisoner, 264. to inspect diets of the prisoners, 264. may inspect prison books. 264. power of, to excuse non-criminal prisoners from attending Divine Service, 264. power and duties of, as to granting permission in certain cases, 264, 268, 273, 278. INDEX. 3G1 I kiting Committee of Prisons {continued) — their duties in permitting prisoners awaiting trial, and misde- meanants of the first division, to use special rooms or cells, to exercise separately, &c, 265, 266, 268, 273, 274. power of to permit modification of prison routine as to prisoners awaiting trial, 265, 269. duty of, as to supply of books, &c, to prisoners awaiting trial and misdemeanants of first division, 265, 270, 275. when to allow misdemeanants of first division to wear their own clothes, and to provide their own food, 265, 274. power of, to prolong period of visits to prisoners, or to extend privilege of communicating with friends, 266, 271, 275, 278, 285. when order of, required for visits to prisoners under orders for execution, 266, 287. power of members of, to name a reformatory school to which a youthful offender may be sent, 266. when a member of, is to cause a youthful offender to be sent, &c. to a reformatory school of the religious persuasion to which he belongs, 267. to discharge the duties assigned to them in the special and general rules, 267. when they may permit his own medical man to attend prisoner awaiting trial, 270. power of, as to discharge of prisoners under sixteen years of age, 280. when gaoler to report to, refusal to admit a visitor, 285. when gaoler to report to, suspension by him of visits of any person, 286. power of members of, to grant permission for conference on im- portant business with prisoners under sentence of death, 287. power of members of, to grant orders for visits to prisoners under sentence of death, 287. gaoler to report to, case of child of tender years in prison, 290. to be informed of prisoners desiring to see them, 291. gaoler to inform, when prisoner put in irons or under mechanical restraint, 291. death of prisoners in prison to be notified to, by gaoler, 291. Visiting Justices : meaning of the term, 5, 96. to mean the same in P. A., 1877, as in P. A., 1865, 7, 198. report by letter to, by Inspector, 17, 77. powers and jurisdiction of, relating to prisons and prisoners may be exercised by Prison Commissioners, 18, 155. reports, &c., required to be made to, or acts to be done by. &c.,to be made to, or done by, &c, the Prison Commissioners, 18, 156, 289. appointment of, 20, 96. rules as to duties of, 20, 97. repeal of provisions relating to appointment, &c., of, 20, 53, 158. 302 INDEX. Visiting Justices (continued) — appointment of Visiting Committee instead of, 21, 158. Visiting Committee to be deemed, as regards punishment of prisoners in certain cases, 22, 160. powers of, as to removal of prison officers from apartments, 29, 71. how far transfer of jurisdiction of, to affect that of sheriff or coroner. 30, 174. power of, to order removal of prisoners on emergency, 42, 101. power of, as regards employment in necessary services of prison being deemed hard labour of the second class, 37, 75. power of, as to allowance to discharged prisoners, 43, 89. power of, to provide discharged prisoners with means of returning to place of settlement, 43, 90. presentment of, under P. A., 1S65, as to building. &c, prisons, 78. report of, respecting superannuation of prison officers, 70. notice by, of penalties for offences in relation to prisons, 41, 88. to enter in minute book copy of Inspector's complaint, 17, 77. leave for visitors to sleep in subordinate officer's apartments to be reported to one of the, by gaoler, 115. no smoking to be allowed, &c, except under rules of, &c, 117. may approve rules as regards debtors maintaining themselves, 118. may punish debtors for selling food, &c, to other prisoners, 118. to approve rules as to prisoners maintaining themselves before trial, 118. may punish such prisoner for breach of regulation, 119. to judge of the special circumstances under which a convicted criminal prisoner may receive food, &c, beyond prison allow- ance, 119. may give directions as to airing, &c, prisoners' bedding, 120. to direct as to deductions from earnings of certain debtors. 121. to determine amount of earnings to be paid to prisoners acquitted, &c, 121. to prescribe the hours during which prisoners may be kept to hard labour of the first class, 121. when they may substitute hard labour of the first class for hard labour of the second class, 122. to make provision for the employment of convicted criminal prisoners not sentenced to hard labour, 123. to make rules as to amount and nature of such employment, 123. to appoint time for reading of prayers in prison, 124. to fix the time with the chaplain for his preaching, 124. when they may dispense with prisoner's attendance at chapel, 12.". when they may permit a minister of a religious persuasion differing from that of the Established Church, to visit a prisoner, 125. books and printed papers not to be admitted into prison without their permission, 125. consent of, requisite for appointment of substitute by chaplain, 126. consent of, requisite for appointment of a substitute for minister appointed under the Prison Ministers Act, 126. to provide a substitute on death of chaplain or assistant-chaplain, 126. INDEX. 363 Visiting Jvriiccs (continued) — to give directions as to instruction of prisoners, 127. punishments and privations not to be inflicted except by, &c, 128. power of, as regards offences against prison discipline, 129. power of, to inquire, upon oath, respecting alleged offences against prison discipline, and to order punishment, 129. powers and duties of, with regard to putting prisoners into irons, or under mechanical restraint, 129. to approve diet and exercise allowed to prisoners under sentence of death, 130. during preparation for, or at the time of an execution, no person, not legally entitled, to enter the prison without order from two or more, 130. particulars of suspension of subordinate officer to be reported to, by gaoler, 132. notice of death of prisoner to be given to one of the, by the gaoler, 133. cases of insanity or of apparent insanity to be reported to. by the gaoler, 133. leave of one of the, required for absence of gaoler from prison for a night, 134. consent of, requisite for appointment of gaoler's or of deputy gaoler's substitute, 135. leave of one of the, requisite for matron's absence from prison for a night, 136. approval of, requisitefor appointment of a deputy bythe matron, 133! journal of matron to be laid before at their ordinary meetings, 13G. leave of, required for absence of surgeon, 138. approval of, required for appointment of surgeon's substitute, 138. sanction of, requisite as to gaoler's directions respecting duties of subordinate officers, 138. once, at least, in each quarter, to examine books, &c., of gaoler, 139. to report to justices in sessions assembled any special circumstances respecting such books, 140. non-resident officers' book to be produced for inspection of, when required, 141. rules, &c, made by, under P. A., 1865, to be deemed regulations, 141. power of, to make regulations for admission of ministers, 2245. power of, as to admission of relatives of prisoner or other persons • to be present at execution of capital sentences. 227. may make representation to Secretary of State as to burial of exe- cuted criminals within prison walls, 227. Visitors : power of gaoler as to, 127, 285, 286. prison officers not to receive money, &c, from, 131. not to be received, without leave, by subordinate officers, 140. powers and duties of gate porter as to, 141. name, address, &c, to be given by, before admission, 285. 3G4 INDEX. Visitor* (continued) — when admission may be refused to certain. 285, to what place in prisons, to be admitted, 285. when visits of certain, may be suspended, 286. when to be prevented from communicating with prisoners, 290. male, to be accompanied by matron, &c, on entering part of prison allotted to females, 292. Visitors' Book: to be kept by gaoler, 134. observations may be made in, by any Justice of the Peace visiting a prison, &c, 23. 97, 162. gaoler to call attention of Visiting Committee to entries made in, 23, 97, 162. Visits : to prison, &c, by member of Visiting Committee not to be re- stricted by P. A., 1877, 21, 159. to prisoners, by friends, &c, regulations as to, 127, 271 , 275, 278, 285, 286. to prisoners under sentence of death, 130, 287. to prison by any Justice of the Peace, 23, 97, 161. of chaplain and non-resident officers to prison, to be entered in non-resident officers' book, 140. prolongation of time of, by Visiting Committee, 266. to prisoners under order for execution, when order of Visiting Committee required for, 266. power of Visiting Committee to prolong period or to increase number of, to misdemeanants of first division, 275. to misdemeanants of first division, when not to be in same place as those to criminal prisoners, 276. to debtors when not to be received in same place as those to criminal prisoners, 278. by whom and how often they may be made, 278. power of Visiting Committee to prolong period of, &c., 278. "Warrant : description of prison in, 33, 100. saving as to validity of, in certain cases, 34, 109 "Wine: debtor may provide himself with, 118. what quantity of, debtors may procure or buy, 277. when to be allowed to convicted criminal prisoners, 119. how much prisoner awaiting trial may receive or buy. 269. 270. how much, misdemeanant of first division may receive or buy, 274. not to be sold, &c, to other prisoners, 118, 270, 274, 277. Worcester (City of) : appointment of certain justices of. on Visiting Committee of Worcester prison, 21, 159, 251, 257 263. INDEX. 3G5 Worcester {City of) {continued) — at what time Town Council of, to appoint" certain members of Visiting Committee of Worcester Prison, 251, 263. number of members and mode of appointment of Visiting Com- mittee of Worcester prison, 257. Work : punishment for neglect of, by prisoners not sentenced to hard labour, 123. Work and Earnings : of convicted criminal prisoners, report of Prison Commissioners to contain information respecting, 19, 157. of debtors, provisions as to, 121. of prisoners awaiting trial, 271. of misdemeanants of first division, 275. Worship : (See Religious Worship). Writ: description of prison in, 33, 100. saving as to validity of, in certain cases, 34, 109. Writing : prisoners to be taught, 127. Youthful Offender : power of member of Visiting Committee to name a reformatory school for. 266. when to be sent, &c, to a reformatory school of his own religious persuasion, 267. gaoler to report to Visiting Committee, when child of tender years imprisoned, 290. Hazell, Wataou, and Viuey, Printers, Luudon and Aylesbury ,? SCHOOL OF LAW LIBRARY UNIVERSITY OF CALIFORNIA LOS ANGELES AA 000 823 361