UNIVERSITY
OF CALIFORNIA
LOS ANGELES
SCHOOL OF LAW
LIBRARY
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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.
(</) See s. 4, ante p. 61.
(/•) So much of the 3rd section of The Prison Ministers' Act, 1S63, (see
the Act, jtost p. 222,) as is inconsistent with the provision of this Act is
repealed (see Schedule Til., post p. 144) so far as it relates to prisons
1 1 which this Act applies ; but the provisions of that section which
relate to the visiting of prisoners of a church or religious persuasion
differing from that of the Established Church, by a minister of the
church or per suasion to which they belong appear to be still in force
(see also the 47th Prison Regulation in the 1st Schedule of this Act,
post p. 125). As to the attendance of prisoners of a church or
religious persuasion differing from that of the Established Church at
Divine service performed by the chaplain of a prison, or at any
68 THE PRISON ACT, 18G5.
religions instruction given by him, sec the 46th Prison Regulation in
the 1st Schedule of this Act (jwsti>. 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.
(</) The Prison Act. 1 s 7 7 . makes provision (s. 29, post P- 173) for
the giving aid, after the commencement of that Act, to discharged
prisoners by the Prison Commissioners.
90 THE PBISON ACT, 18G5.
D ischarged Prisoners pro v ided w ith Means of returning
to Place of Settlement.
43. When a prisoner is discharged from prison, the
visiting justices (d) of the prison may provide such
prisoner out of any moneys under their control, and
applicable to the payment of the expenses of the prison,
with the means of returning to his home or place of
settlement, by causing his fare to be paid by railway,
or in any other convenient manner.
(d) Sec The Prison Act, 1877, s. 9,jwst p. 155.
Purchase of Land. / cJ^f 7
Certain Provisions of 8 S,- 9 Vict. c. 18 incorporated.
44. Any prison authority mavp urchase and hold |i
such lands or easements relatmg^o jands as they may J
requi re for the purposes of this Act ; and to facilitate
such purposes "The .Lands Clauses Consolidation Act,
1845," and the Act amending the same, passed in the
session of the twenty-third and twenty -fourth years of
the reign of her present Majesty, chapter one hundred
and six, shall be incorporated with this Act, with the
exceptions and subject to the conditions hereinafter
contained ; that is to say,
1. There shall not be incorporated with this Act the
sections and provisions of " The Lands Clauses
Consolidation Act, 1845," hereinafter men-
tioned ; that is to say, section sixteen, where-
by it is provided that the capital is to be
subscribed before the compulsory powers are
to be put in force ; section seventeen, where-
by it is provided that the certificate of the
justices shall be evidence that the capital has
been subscribed; the provisions relating to
the entry upon lands by the promoters of the
THE PRISON ACT, 1865. 01
undertaking contained in sections eighty-
four to ninety-one, both inclusive; section
one hundred and twenty-three, whereby a
limit of time for the compulsory purchase of
land is imposed; or the provisions relating
to access to the special Act :
2. In the construction of this Act and the said in-
corporated Acts this Act shall be deemed to
be the special Act, and the prison authority
shall be deemed to be the promoters of the
undertaking, and the word " lands " shall in-
clude any easement in or out of lands :
3. The prison authority shall not, exce pt in respect
Z7 of lands contiguous t o a prison , andj^mred
I f or the purpose of enlargi ng a _nrison. _or
(i rendering it more commod ious oy~sIfe". nul
T i n force the pro visions oi' th e sakEincor-
porated Acts with respect to the p urchase of
land otherwise than by a greement.
Confirmation of Title to Lands purchased for Purpose
of Prison.
45. When any lands have been purchased for the
purposes of a prison in pursuance of this A ct, such
lands shall, at the expiration of five years from the date
of a conveyance having been made to any person or
body corporate on trust for such purposes, absolutely
vest (e) in that person or_body corporate for all the estate
or interest purported to be conveyed, to be held on
trust for the aforesaid purposes ; and if before the ex-
piration of the said term of five years any proceedings
are taken on which judgment is obtained for the recovery
of the possession of the said lands, then within two
calendar months after judgment has been obtained there
shall be paid to the person obtaining such judgment,
instead of the delivery of possession of the lands, all
92 THE PRISON ACT, 18G5.
costs incurred in obtaining such judgment, and compen-
sation for the full value of his estate or interest in such
lands, the amount of such compensation to be ascertained
in manner provided by the said Lands Clauses Consoli-
dation Act, 1845, in case of disputed compensation as
to land, and to be calculated on the basis of the value
of the land at the time of the purchase thereof.
(c) By The Prison Act, 1S77, the term " prison" is declared (s. 60,
post p. 197). in addition to the meaning attached to it by this Act
(see s. 4, ante p. 61), to include any land or building bought, or
contracted to be bought, before the commencement (1st of April, 1878)
of the Act, by a prison authority, for the purpose of enlarging or
altering any prison, or adding to the appurtenances of any prison.
And the same Act also declares (s. 48, 2)ost p. 191) that the legal
estate in every prison to -which the Act applies, and in the site and
land belonging thereto, shall, on and after the commencement of the
Act, be deemed to be Tested in the Prison Commissioners, and not in
the Secretary of State, but shall from time to time be disposed of by
the Commissioners in such mode as the Secretary of State, with the
consent of the Treasury, may direct. But the 60th section of The
Prison Act, 1877, above referred to contains a proviso that, if the
Secretary of State is of opinion that any portion of the lands bought
or contracted to be bought, as already mentioned, whether included
or not within the walls of the prison, was not at the time of the
passing of that Act (12th of July, 1877) necessary for the then subsist-
ing purposes of the prison, he shall either direct that such portion
shall be reconveyed to the prison authority, or retain such portion, or
any part of such portion, on payment out of moneys provided by
Parliament of such sum as may be agreed upon, or, in the event of
difference, may be determined by arbitration in the manner provided
by the Act.
Disposal of Unnecessary Prisons.
Sale of Unnecessary Prisons.
46. Any prison authority may sell any prison or land
belonging to or held on trust for them as such prison
authority that appears to them to be unnecessary (f)
by reason of their having provided for the accommoda-
tion of their prisoners, and the moneys arising from such
sale shall be applied in discharging any expenses that
may have been or may hereafter be incurred by such
authority in building, altering, enlarging, or rebuilding
THE PRISON ACT, 18G5. 93
any prison within their jurisdiction, or otherwise in aid
of the rate raiseable for the maintenance of their prison.
(/) As to the power of the Secretary of State, under The Prison
Act, 1877, to discontinue prisons, and as to the power of a prison
authority and of the said Secretary to sell any discontinued prison,
see ss. 33, 34 cf that Act,z>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.
5<k6 W.IV.c.76.
6&7W.IV.C.105.
1 Vict. c. 78.
2 & 3 Vict. c. 56.
3 & 4 Vict. c. 25.
5 & 6 Vict. c. 53.
An Act to enable justices of the
peace in England in certain
cases to borrow money on
mortgage of the rate of the
city, riding, or place for
which such justices shall be
then acting.
An Act to authorize the disposal
of unnecessary prisons in Eng-
land.
An Act for effecting greater
uniformity of practice in the
government of the several
prisons in England and Wales,
and for appointing inspectors
of prisons in Great Britain.
An Act to provide for the regu-
lation of municipal corpora-
tions in England and Wales.
An Act for the better adminis-
tration of justice in certain
boroughs.
An Act to amend an Act for the
regulation of municipal cor-
porations in England and
Wales.
An Act for the better ordering
of prisons.
An Act to amend the Act for
the better ordering of prisons.
An Act to encourage the esta-
blishment of district prisons.
Extent of Repeal.
The whole Act.
The whole Act.
Sees. 2, 5, 6. 11,
and 12.
Sees. 115 and 116.
Sees. 1 and 2.
Sees. 37 and 38.
The whole Act,
except Secs.18,
19, 20, and 21,
and except
Sees. 22 and 23
so far as they
relate to pri-
sons or places
of confinement
to which this
Act does not
extend.
The whole Act.
The whole Act.
144
THE PRISON ACT, 1865.
Date.
5 & 6 Yict. c. 98.
7 & 8 Vict, c. 50.
7 & 8 Vict. c. 93.
11 & 12 Vict. c. 39.
16 & 17 Vict. c. 43.
25 & 26 Vict. c. 44.
26 & 27 Vict. c. 79.
Title of Act.
An Act to amend the law re-
lating to prisons.
An Act to extend the powers of
the Act for encouraging the
establishment of district courts
and prisons.
An Act to enable barristers to
arbitrate between counties and
boroughs, to submit a special
case to the Superior Courts.
An Act to facilitate the rawing
of money by corporate bodies
for building or repairing
prisons.
An Act for enabling the justices
of counties to contract in cer-
tain cases for the maintenance
and confinement of convicted
prisoners in the gaols of ad-
joining counties.
An Act to amend the law re-
lating to the giving of aid to
discharged prisoners.
An Act for the amendment of
the law relating to the re-
ligious instruction of prisoners
in county and borough prisons
in England and Scotland.
Extent of Eepeal.
Sees. 1, 2, 4, 8,
9, 13, 25, and
30, so far as
the said sec-
tions relate to
prisons within
the provisions
of this Act.
The whole Act.
The whole Act.
The whole Act.
The whole Act.
Sees. 2 and 3.
So much of Sec-
tion 3 as is
i n c o n s i stent
with the pro-
visions of this
Act, and the
whole of Sec-
tion 5, but so
far only as re-
latesto prisons
to which this
Act applies.
145
THE PEISON ACT, 1877.
(40 & 41 Vict. c. 21.)
ARRANGEMENT OF SECTIONS.
Preliminary.
Section
1. Short title of Act.
2. Commencement of Act.
3. Application of Act.
PART I.
Transfer and Administration of Prisons.
Transfer of P?nsons.
4. Maintenance of prisons and prisoners out of public
funds.
5. Prisons to vest in Secretary of State.
Administration of Prisons.
Prison Commissioners.
6. Appointment of Prison Commissioners.
7. Appointment of inspectors, officers, and servants.
8. Salaries.
9. Duties of Prison Commissioners.
10. Reports by Prison Commissioners.
11. Report to contain information as to manufactur-
ing processes in prison.
10
146 THE PRISON ACT, 1877.
Section
12. Return of punishments and offences of prisoners
to be made yearly.
Visiting Committee of Justices.
13. Repeal of 28 & 29 Vict. c. 126. ss. 53, 54.
Appointment of visiting committee of prisons.
14. Duties of visiting committee.
15. Repeal of 28 & 29 Vict. c. 126. s. 55. Visits to
prison by any justice.
PART II.
Supplemental Provisions.
As to Obligation to maintain Prisons.
16. Termination of local obligation to maintain
prisons.
1 7. Compensation to be made in place of prison
accommodation.
18. Compensation to be made to prison authority
in respect of accommodation provided for
prisoners of some other authority.
19. Allowance to be made to prison authority in
respect of uncompleted prison.
As to Contracts and Debts.
20. General saving of rights of creditors.
21. Determination of contracts between prison au-
thorities.
22. Existing debts to be defrayed by prison authori-
ties.
23. Provision as to continuing contracts.
As to Classification and Commitment of Prisoners.
24. Confinement of prisoners before and during
trial.
ARRANGEMENT OF SECTIONS. 147
Section
25. Confinement of prisoners after conviction.
26. Confinement of debtors and prisoners who are not
criminal prisoners.
27. Saving as to commitment of prisoners.
28. Legal custody of prisoner.
29. Allowance to discharged prisoners.
As to Jurisdiction.
30. Jurisdiction of sheriff, coroner, and other officers.
31. Sheriff not liable for escape.
32. Prisoners under sentence of death.
As to Discontinuance of Frisons.
33. Power of Secretary of State to discontinue
prisons.
34. Effect of discontinuance of prison.
Status of Prison Officers.
35. Position and duties of existing officers of prisons.
36. Superannuation of officers and abolition of office.
As to Miscellaneous Matters.
37. Relaxation of the law relating to hard labour.
38. Rules as to treatment of prisoners confined for
non-payment of sums in the nature of debts.
39. Special rules as to treatment of unconvicted
prisoners and certain other prisoners.
40. Treatment of prisoners convicted of sedition, etc.
41. Treatment of persons committed for contempt of
court.
42. Test of malingering.
43. Limitation of time of confinement in punishment
cells.
44. As to inquests on the bodies of prisoners.
45. Transfer of duties of existing inspectors of prisons.
148 THE PRISON ACT, 1877.
Section
46. Power of prison authority to borrow on rate.
47. Power of Public Works Loan Commissioners to
lend.
48. Legal estate in prison.
49. Appropriation of court-houses situate within the
precincts of a prison.
50. Protection of prisons in the nature of national
monuments.
51. Kules of Secretary of State, and repeal of incon-
sistent enactments.
52. Saving clause as to reformatory and industrial
schools.
53. Saving clause as to pensions.
54. Commutation of payment by University of Oxford
to the city of Oxford.
Arrangement and Arbitration.
55. Power for Secretary of State and prison authority
to compromise and refer to arbitration.
Definitions.
56. Definition of " furniture and effects belonging to
a prison."
57. Definition of " prisoner " and " the maintenance
of a prisoner." " Cell accommodation for a
prisoner."
58. Definition of " county" and "riding."
59. Definition of " borough."
60. Definition of " prison."
61. Definition of "prison authorities," "justices in
sessions assembled," " visiting justices."
■f/f
i*v
149
THE PEISON ACT, 1877!
(40 & 41 Vict. c. 21.)
An Act to amend the Law relating to Prisons in England.
[12th of July, 1877.]
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 :
Preliminary.
Short Title of Act.
1. This Act may be cited for all purposes as The
Prison Act, 1877.
Commencement of Act.
2. This Act shall, except as is hereinafter otherwise
provided, (p) and except in so far as relates to the making
of rules by the Secretary of State, in pursuance of any
power transferred to or vested in the Secretary of State
by this Act, which rules may be made at any time
after the passing of this Act, (q) come into operation on
the first day of April one thousand eight hundred and
seventy-eight, which day is hereinafter referred to as
the commencement of this Act.
(p) See ss. 6, 14, post pp. 153, 160.
(q~) The 51sf"Section of this Act (post p. 192) declares that all rules
and regulations made under or in pursuance of the Act shall be forth-
with laid in a complete form, after they have been settled and
150 THE PRISON ACT, 1877.
approved by the Secretary of State,before both Houses of Parliament, if
Parliament be sitting, or if not. then within three weeks after the begin-
ning of the next ensuing session of Parliament ; and that if any siuh
rules or regulations shall be disapproved of by either House of Parlia-
ment within forty days after they have been so laid before Parliament,
such rules or regulations, or such parts thereof as shall be disapproved
uf, shall be void and of no effect. The same section also declares that
no rules or regulations so made by the Secretary of State shall come
into force until they have been laid before Parliament, in accordance
with its provisions, for forty days. Although the rules referred to in
this section may be made by the Secretary of State at any time after
the passing of the Act. they cannot therefore come into force until
they have been laid before both Houses of Parliament for the period
and in the manner provided by the 51st section. Any such rule may
be proved in the manner in which regulations made under the au-
thority of one of Her Majesty's principal Secretaries of State are capable
of being proved in pursuance of The Documentary Evidence Adt, 1868
(see s. 51, and note (a;) thereto, jwst p. 192).
Application of Act.
3. This Act shall not extend to Scotland or Ireland,
but shall apply to all prisons (r) belonging to any prison
authority as defined by The Prison Act, 1865. (s)
(r) As to the meaning of the term "prison," see The Prison Act.
1865. s. 4. ante p. 61, and s._fiflu>f 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.
(</) As to the prisons to which the Act applies, see s. 3, and the notes
thereto, ante p. 160. As to the vesting of the legal estate in those
prisons in the Prison Commissioners, see s. 48, post p. 191.
(7i) That is, subject to the approval of the Secretary of State (s. 7,
ante p. 154.
(i) By the 104th Prison Regulation (see P. A., 1865, Sched. I., ante
p. 141), it is declared that all officers of a prison shall be deemed to
be subordinate officers, with the exception of the gaoler, the chaplain,
THE PRISON ACT, 1877. 157
the surgeon, tJie matron, and any minister appointed under The
Prison Ministers Act, 1863.
(?") By s. 6 {ante p. 153) the Prison Commissioners are declared to
be a body corporate with a common seal.
(k) With regard to the separation of prisoners, see ss. 17, 18 of The
Prison Act, 1865, ante pp. 72, 73, and ss. 24, 25, 26, 38, 40, 41 of this
Act, post pp. 170, 171. 183, 186 respectively ; and with regard to the
enforcement of hard labour, see s. 19 of The Prison Act, 1865, ante
p. 74, and the Prison Regulations 34 (amended by s. 37 of this Act,
post p. 183), 35, 36, and 37, ante pp. 121, 122.
Reports hy Prison Commissioners.
10. The Prison Commissioners shall, at snch time or
times as the Secretary of State may direct, make a
report or reports to the Secretary of State of the con-
dition of the prisons and prisoners within their jurisdic-
tion, and an annual report (I) to be made by them with
respect to every prison within their jurisdiction shall be
laid before both Houses of Parliament.
(I) As to certain contents of the report, see the next section ; and as
to the yearly return of punishments and offences of prisoners to be
made by the Prison Commissioners, see s. 12, post p. 158.
Report to contain Information as to Manufacturing
Processes in Prison.
11. Whereas 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
158 THE PRISON ACT, 1S77.
avoidance of undue pressure on or competition with any
particular trade or industry : Be it enacted, that the
annual report of the Prison Commissioners required by
this Act (m) to be laid before both Houses of Parliament
shall state the various manufacturing processes carried
on in each of the prisons within their jurisdiction, and
such statement shall contain such particulars as to the
kind and quantities of, and as to the commercial value
of the labour on the manufactures, 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.
(m) See s. 10, ante p. 157.
Return of Punishments and Offences of Prisoners
to be made Yearly.
12. The Prison Commissioners shall make a yearly
return to Parliament of all punishments of any kind
whatsoever which may have been inflicted within each
prison, and the offences for which such punishments
were inflicted.
Visiting Committee of Justices.
Repeal of 28 # 29 Vict. c. 126. ss. 53, 54.— Appoint-
ment of Visiting Committee of Prisons.
13. On and after the commencement of this Act (n)
there shall be repealed the fifty-third and fifty-fourth
sections of The Prison Act, 1865, relating to the ap-
pointment and duties of visiting justices, (o)
A Visiting Committee shall be annually appointed for
every prison under this Act, (p) 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
THE PRISON ACT, 1877. 159
justices heretofore having jurisdiction over such prison,
and to the class of prisoners to be confined in such
prison, may from time to time by any general or special
rule prescribe, (q) In the following manner ; namely,
The justices of any county, riding, or liberty of a
county having a separate court of quarter sessions shall
appoint members of a Visiting Committee when assem-
bled at such general or quarter sessions as may be pre-
scribed by the Secretary of State.
The justices of a borough shall 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.
Provided that, in the application of this Act to the
Worcester Prison as constituted by The Worcester
Prison Act, 1867, so long as the said prison is continued
as a prison for the purposes of this Act, the appoint-
ment of such number of justices of the city of Worcester
as the Secretary of State in pursuance of this section
may prescribe to be appointed to serve on the Visiting
Committee in respect of the said prison, shall be vested
in the corporation acting by the council of the said city.
Nothing in this Act, or in any rules to be made under
this Act, shall restrict any member of the Visiting
Committee for any prison from visiting the prison at any
time, and any such member shall at all times have free
access to every part of the prison, and to every prisoner
therein. (?•)
(n) The 1st of April. 1878 (s. 2, ante p. 149).
(o) These sections will be found ante pp. 96, 97.
(p) See s. 3. ante p. 150.
lq) As to the legal requisites and the proof of such rules, see s. 51.
post p. 192. The rules thus made will be found post pp. 250,252,202.
(r) The 15th section of this Act (see post p. 161), which repeals the
fifty-fifth section of The Prison Act, 1865, relating to visits of any
justice of the peace to a prison, enacts that any justice of the peace,
having jurisdiction 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
160 THE PRISON ACT, 1877.
and examine the condition of the prison and of the prisoners in it,
but provides that the justice shall not be entitled to visit any prisoner
under sentence of death, or to communicate with any prisoner, except
in reference to the treatment of the prisoner in prison, or to some
complaint that the prisoner may make as to such treatment. But as
the present section expressly declares that nothing in the Act, nor in
any rules to be made under it, shall restrict any member of the Visit-
ing Committee for any prison from visiting the prison at any time,
and also that any such member shall at all times have free access to
every part of the prison and to every prisoner therein, it follows that
any member of a Visiting Committee for a prison will be entitled to
have access to the prison in the manner provided by the Act, and to
visit all the prisoners confined in it, as well prisoners under sentence
of death as other prisoners, and that he will not in communicating
with them be restricted to communications in reference to their
treatment in prison, or to complaints that they may have to make as
to such treatment.
Duties of Visiting Committee.
14. The Secretary of State shall, on or before the
commencement of this Act, (s) make and publish, and
may hereafter from time to time repeal, alter, or add to,
rules (t) with respect to the duties of a Visiting Com-
mittee, and such Committee shall conform to any rules
so made and for the time being in force", but subject
as aforesaid the members of such Committee shall from
time to time and at frequent intervals visit the prison
for which they are appointed, and hear any complaints
which may be made to them by the prisoners, and if
asked, privately. They shall report on any abuses
within the prison, and also on any repairs which may
be urgently required in the prison, and shall further
take cognizance of any matters of pressing necessity
and within the powers of their commission as justices,
and 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.
The Visiting Committee shall be deemed to be visiting
justices for all the purposes of the regulations relating
to the punishment of prisoners numbered 5S and 59 in
THE PKISON ACT, 1877. 101
the first schedule annexed to The Prison Act, 1865, (u) or
either of such regulations, 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 the said regulations numbered 58
and 59, or either of them.
Provided that an offender shall not be punished
under the said sections * 58 and 59, or either of them, by
personal correction, except in pursuance of the order ot
two justices of the peace after such inquiry upon oath
and determination concerning the matter reported to
them as is mentioned in the said regulation numbered 58.
The Visiting Committee shall report to the Secretary
of State any matters with respect to which they may
consider it expedient, and shall report to the Secretary
of State, 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.
(.?) The 1st of April, 1878 (s. 2, ante p. 149).
(t) As to the legal requisites and proof of such rules, see s. 51, post
p. 192. The rules thus made will be found in the Appendix, post
pp. 262—267.
(«) See the regulations in question, ante p. 129.
Repeal of 28 8f 29 Vict. c. 126, s. 55.— Visits to Prison
by any Justice.
15. Section fifty-five of " The Prison Act, 1865," is
hereby repealed, (v) and instead thereof the following
enactment shall take effect, viz. :
Any justice of the peace, having jurisdiction in the
place in which a prison is situate, or having jurisdiction
in the place where the offence in respect of which any
prisoner may be confined in prison was committed,
may, (to) when he thinks fit, enter into and examine the
condition of such prison, and of the prisoners therein,
* Sic. in Stat.
11
1G2 THE PRISON ACT, 1877.
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 Committee, 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 prisoner under sentence of
death, or to communicate with any prisoner, except in
reference to the treatment in prison of such prisoner,
or to some complaint that such prisoner may make as
to such treatment, (x)
(r) The section will be found ante p. 97.
(w) The 55th section of The Prison Act, 1865, restricted the right
of visiting a prison conferred by it to justices of the peace having
jurisdiction in the place to which the prison belonged ; and the 66th
section of the same Act (see ante p. 102). whilst it declared that where
one prison authority, called the contracting authority, may have con-
tracted with any other prison authority, called the receiving authority,
that the receiving authority should receive into and maintain in its
prison any prisoners maintainable at the expense of the contract-
ing authority, the prison of the receiving authority should for all
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, expressly provided that
the contracting authority should have no right to interfere in the
management of the prison. The present section, however, extends
the right of visiting a prison to any justice of the peace having
jurisdiction either in the place where the prison is situate, or in
the place where the offence in respect of which any prisoner may
be confined in prison was committed. A justice of the peace of one
county may therefore visit and examine, in accordance with the
powers conferred by this section, the prison of another county or
the prison of a borough, when any prisoner is confined in such prison
for an offence committed within his jurisdiction as a justice of the
peace in his own county ; and a justice of the peace for a borough
may, in like manner, and under the same circumstances, visit either
the prison of the county in which the borough is situate, or a prison
in another county.
(x) These restrictions are not to affect the right of any member of a
YL-iting Committee for a prison ; but any such member is at all times
to have free access to every part of the prison, and to every prisoner
therein (see s. 13, ante p. 158).
THE PRISON ACT, 1877. 1G3
PAKT II.
SUPPLEMENTAL PROVISIONS.
As to Obligation to Maintain Prisons.
Termination of Local Obligation to Maintain Prisons.
16. On and after the commencement of this Act the
obligation of any county, riding, division, hundred,
liberty, franchise, borough, town, or other place having
a separate prison jurisdiction, to maintain a prison or
to provide prison accommodation for its prisoners shall
cease, (y)
(y) The Act is to come into operation on the 1st of April, 1878 (a. 2,
ante p. 149), and the 4th section of this Act (see ante p. 150) provides
that from that date all expenses incurred in respect of the maintenance
of prisons to which the Act applies, and of the prisoners confined in
them, shall be defrayed out of moneys provided by Parliament ; a pro- ,
vision which will, in conjunction with this section, practically repeal,
from the time specified, the 8th section of The Prison Act, 1865, and
various other sections of the same Act relating to the provision and
maintenance of prisons, and to the providing of prison accommodation
for prisoners by the various prison authorities created by it.
Compensation to be made in place of Prison
Accommodation.
17. "Where at the time of the passing of this Act (z)
any prison authority (a) has no prison of its own, or
has not a prison or prisons of its own adequate to the
accommodation of the prisoners belonging to such au-
thority, it shall pay into the receipt of the Exchequer
one hundred and twenty pounds in respect of each
prisoner belonging to such prison authority for whom
cell accommodation (6) has not at such time as last
aforesaid been provided by such authority in a prison
of its own.
Any sum payable by a prison authority in pursuance
of this section shall be deemed to be a debt due from
164 THE PKISON ACT, 1877.
the prison authority to the Crown, and may be recovered
accordingly.
Where one prison authority has contributed a sum
of money towards the construction by sorrm othp r prison —
a uthority of cell accommodation jfor the use of the
prisoners of the contributing author ity, and snoh cell —
accommodation ha s been constructed accordingly then
in assessing the sum payable into the Exchequer by the
contributing authority under this section the contri-
bution so made shall be taken into consideration, and a
proportionate deduction be made accordingly.
For the purposes of this section a prison authority
may borrow, and the Public Works Loan Commis-
sioners may advance by way of loan, (c) to bear interest
at such rate per cent, as the Treasury may determine to
be sufficient to prevent any loss to the Exchequer, such
sum as may be required, so that the whole amount so
borrowed be discharged within a period not exceeding
thirty-five years.
(z) The 12th of July, 1877.
(a) The term "prison authority" has the same meaning (see s. 61,
post p. 198) in this Act as it has in The Prison Act, 1865 (see s. 5 of that
Act, ante p. 62).
(b) " Cell accommodation" means a' cell for the separate confine-
ment, of a prisoner certified in pursuance of The Prison Act. I860 (see
s. 51, post p. 192). As to the certifying of cells under The Prison
Act, 1865, see ss. 18, 75 of that Act, ante pp. 73, 107.
(c) See further as to power of prison authorities to borrow, and as
to the power of the Public Works Loan Commissioners to lend money,
ss. 46, 47, post pp. 189, 190.
Compensation to be made to Prison Authority in respect
of Accommodation provided for Prisoners
of some other Authority.
18. Where before the first day of January one
thousand eight hundred and seventy-seven any prison
authority, having more than sufficient cell accommoda-
tion (d) for the number of prisoners belonging to such
THE PRISON ACT, 1877. 165
prison authority, and which prison authority is in this
section called the receiving authority, has contracted (e)
with any other prison authority, in this section called
the sending authority, that the receiving authority is to
receive into its prisons any prisoners belonging to such
sending authority, and such receiving authority has in
the performance of such contract provided cell accom-
modation for the prisoners of the sending authority,
there shall be paid to the receiving authority, out of
moneys provided by Parliament, any loss it may have so
sustained in relation to such contract for cell accommo-
dation by reason of the passing of this Act, so that the
expense of providing cell accommodation ibr any one
prisoner shall not in any case be held to have exceeded
the sum of one hundred and twenty pounds.
For the purposes of this section any public depart-
ment of State which has made contracts with respect to
prisoners shall be included under the term " prison
authority."
Where it appears that any contract under this section
is intended to be renewed at the expiration of its sub-
sisting term, the intention of renewal shall 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 accom-
modation of its prisoners, it shall be entitled to receive,
out of moneys to be provided by Parliament, compen-
sation 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 such authority in its own prison or
prisons during the five years immediately preceding the
first day of January one thousand eight hundred and
seventy-seven : Provided always, that in case the Prison
Commissioners shall report to the Secretary of State
166 THE PRISON ACT, 1877.
that the prison accommodation is in excess of the pro-
bable requirements of such prison authority for its own
prisoners, or that the buildings are dilapidated or unsuit-
able, it shall be lawful for the Secretary of State to
decline to recommend to the Treasury to make such
compensation, in whole or in part, as the circumstances
of the case may demand.
Provided also, that no compensation shall be payable
under such provision as last aforesaid in respect of any
prison discontinued (/) within two years after the com-
mencement of this Act.
A prison authority shall not be entitled to receive
under this section more than one hundred and twenty
pounds in the whole in respect of the same cell.
" Probable requirements " means the probable future
requirements of a prison authority calculated as from
the passing of this Act.
The average maximum number of prisoners of a
prison authority maintained in any prison in any period
of five years shall be calculated by finding the greatest
number of such prisoners confined therein on the day
on which such prison contained most of such prisoners
as aforesaid in each of the said five years, and dividing
the aggregate so found by five, excluding fractions.
(d) As to the meaning of this term, see s. 57, 2'Ost p. 195.
(c) As to the power of prison authorities thus to contract, see ss. 31,
32 of The Prison Act, 1865, ante pp. 82. 83. As to the determination
of contracts existing between prison authorities on the commencement
of this Act, see s. 21; post p. 168.
(/) As to the power of the Secretary of State to discontinue prisons,
and as to the effect of their discontinuance by him, see ss. 33, 34,
jiost pp. 175, 176.
Allowance to he made to Prison Authority in respect of
Uncompleted Prison.
19. Where at the time of the passing of this Act (g) a
prison authority has contracted (A) to construct a building
to be used as a prison, but such building has not at the
THE PRISON ACT, 1877. 167
commencement of this Act (i) been completed or become
a prison within the meaning of this Act, the Secretary
of State may, if he thinks fit so to do, allow the prison
authority time to complete such building as a prison,
and when so completed it shall pass over to and vest (j)
in the Secretary of State as a prison completed at the
commencement of this Act ; but if the Secretary of State
does not think fit to allow time for the completion of
such prison as aforesaid, he shall nevertheless, in assess-
ing the amount of compensation payable in respect of
cell accommodation, (7c) make, with the consent of the
Treasury, from the compensation payable as aforesaid,
such deduction as, having regard to all the circum-
stances of the case, may be agreed upon, or as may, in
the event of disagreement between the Secretary of
State and the prison authority, be determined by
arbitration. (I)
(<7) The 12th of July, 1877.
(h) As to the rights of creditors of prison authorities in respect of
such contracts, and as to the payment of any debts due or sums of
money payable under them, see s. 20 infra, and ss. 22, 23, post p. 169.
(i) The 1st of April, 1878 (s. 2, ante p. 149).
(j) See s. 5, ante p. 151.
(ft) That is, in assessing the amount of compensation to be paid by
the prison authority in respect of the prisoners belonging to it for
whom it had not provided cell accommodation at the time of the
passing (12th of July, 1877) of the Act (see s. 17, ante p. 163).
(I) As to the power under this Act of the Secretary of State and of
a prison authority to refer any matter or difference to arbitration,
and as to the mode of conducting the reference, see s. 5o,2>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.
(<?) This section will, on the commencement of the Act, come into
operation instead of s. 42 (see ante, p. 89) of The Prison Act, 1865,
which confers a similar power upon the visiting justices. The mode
of payment of such a gratuity is further provided for by the 10th
of the Prison Rules, 1877. See post, p. 274. With regard to the pro-
vision of means to enable discharged prisoners to return to their
place of settlement, see The Prison Act, 1865. s. 43, ante p. 90. See
also s. 25 of this Act, ante p. 171, as to the taking back prisoners, at
the public expense, to the county, borough, or place in which they
were convicted of the offence for which they have been confined in a
prison situate beyond the limits of such county, borough, or place.
(/) As to the mode in which a " Prisoners' Aid Society " may be-
come certified, see the Act 25 & 26 Vict. c. 44, s. 1, in the Appendix.
As to Jurisdiction.
Jurisdiction of Sheriff, Coroner, and other Officers.
30. 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 I
any county, riding, county of a city, county of a town,
liberty, borough, or other place having a separate prison
174 THE TRISON ACT, 1877.
jurisdiction, by any general or special rule (g) direct that
for such purpose as aforesaid 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
this Act (Ji) have appointed as a prison to which prisoners
may be committed, is to be considered to be the prison
of such county, riding, county of a city, county of a
town, liberty, borough, or other place, but subject to
any such rule as in this section mentioned, and until the
same be made the transfer under this Act of the prisons
to which this Act applies, and of the powers and juris-
diction of prison authorities, and of justices in sessions
assembled, and of visiting justices, (?) shall not affect the
jurisdiction of any sheriff or coroner, or, save as pro-
vided by this Act, of any justice of the peace or other
officer having at the commencement of this Act juris-
diction in, over, or in respect of such prison.
(<7) As to the legal requisites and proof of rules made by the Secre-
tary of State, see s. 51, post p. 192.
(Ji) As to the power of the Secretary of State in this respect, see
ss. 24, 25, 26, ante pp. 170, 171.
(t) See ss. 3, 5, 9, 13, ante pp. 150, 151, 155, 158.
Sheriff not Liable for Escape.
31. On and after the commencement of this Act the
sheriff of any sheriffdom shall not be liable for the escape
of any prisoner, (j)
(j) The Act will come into operation on the 1st of April, 1878 (s. 2,
ante p. 149). The Prison Act, 1865, abolished (s. 60, ante p. 100)
the liability of the sheriff for the escape of any prisoner other than a
debtor ; but under the terms of this section his liability in respect of
the escape of any prisoner -null cease at the period above named.
Prisoners under Sentence of Death.
32. Nothing in this Act contained shall affect the
jurisdiction or responsibility of the sheriff in respect of
prisoners under sentence of death, and confined in any
THE PRISON ACT, 1877. 175
prison within his jurisdiction, or his jurisdiction or 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 authorised to be
carried into effect on any prisoner, the sheriff of the
county in which the prison is situate shall, for the pur-
poses of carrying that sentence into execution, 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 this Act had not passed,
and such prison were the common gaol of his county.
As to Discontinuance of Prisons.
Power of Secretary of State to discontinue Prisons.
33. The Secretary of State may by order from time to
time discontinue any prison or prisons which are vested
in him by this Act, (k) provided that in every county
there remain at least one prison, unless the Secretary
of State otherwise order for special reasons to be stated
in his order ; and any order made by the Secretary of
State in pursuance of this section shall be laid before
both Houses of Parliament forthwith, if Parliament be
sitting at the time of the order being made, or, if not
then sitting, within one month after the commencement
of the then next session of Parliament.
(A-) As to the prisons vested in the Secretary of State by the Act,
see ss. 3, 5, 19, ante pp. 150, 151, 166. The Prison Officers Compensa-
tion Act, 1868 (31 Vict.c. 21) makes provision for the payment of com-
pensation to any person who, by reason of the discontinuance of any
prison, other than the prisons specified in Schedule II. of that Act.
since the date of the passing of The Prison Act, 1865, has been de-
prived of any salary or emolument. The Act will be found in the
Appendix.
176 THE PKISON ACT, 1877.
Effect of Discontinuance of Prison.
34. When a prison to which this Act applies (I) is
discontinued, the Secretary of State shall serve notice
on the prison authority to which such prison originally
belonged, that he will, at any time within a period not
less than six months, to be prescribed by the Secretary
of State, from the date of the service of such notice,
cause such prison, but without any furniture or effects
belonging thereto, (m) to be reconveyecl to such authority,
on payment by such authority into the Exchequer, for
the public use, of one hundred and twenty pounds in
respect of each prisoner belonging to such prison au-
thority for whom cell accommodation (n) was* provided
in such discontinued prison at the time of the passing of
this Act, (o) and on repayment by such authority of any
compensation it may have received out of moneys pro-
vided by Parliament in respect of its having provided a
prison of its own more than adequate for the accommo-
dation of the prisoners belonging to such authority, (p)
A prison authority to whom a prison is reconvened in
pursuance of this section may sell or otherwise dispose
of the same in such manner as it thinks fit.
If a prison authority decline to accept the offer of
the reconveyance of the prison so made by the Secretary
of State, or fail to pay or to secure to the satisfaction of
the Secretary of State the payment of such sum into
the Exchequer as is required to be paid by it in pur-
suance of this section, the prison shall be sold by the
Secretary of State ; and the Secretary of State, after
paying the expenses of such sale, and paying into the
Exchequer the amount so required to be paid as afore-
said, shall render the overplus (if any) to the prison
authority to which the prison originally- belonged.
Any sum payable by a prison authority in pursuance
of this section shall be deemed to be a debt due from
* Sic. in Stat.
THE PRISON ACT, 1877. 177
the prison authority to the Crown, and maybe reco-
vered accordingly.
For the purposes of this section a prison authority
may borrow, and the Public Works Loan Commis-
sioners may advance by way of loan, (q) to bear interest
at such rate per cent, as the Treasury may determine to
be sufficient to prevent any loss to the Exchequer, such
sum as may be required, so that the whole amount so
borrowed be discharged within a period not exceeding
thirty-five years.
For the purposes of this section the cell accommoda-
tion (ri) provided by a prison authority in all its prisons
may be calculated ; and if it appears from such calcula-
tion that sufficient accommodation (n) has been provided
by such authority in any one prison or prisons belong-
ing to such authority, no sum shall be payable under
this section by such prison authority in respect of the
discontinued prison, and a proportionate deduction
shall be made in the sum payable under this section by
a prison authority in the event of any partial accom-
modation in excess of the necessary accommodation
having been provided in such other prisons belonging
to that authority.
(7) As to the prisons to which the Act applies, see s. 3, ante p. 150.
' (m) The meaning of the term " furniture and effects " is denned by
s. 56, post p. 195.
(») See s. 57. post p. 195, as to the meaning of the terms "cell
accommodation " and " sufficient accommodation."
O) The 12th of July, 1877.
(j)) See s. 18, ante p. 16-1.
(q) See further as to the power of a prison authority to borrow.
and of the Public Works Loan Commissioners to advance money by
way of loan, ss. 46, il,post pp. 189, 190.
Status of Prison Officers'.
Position and Duties of existing Officers of Prisons.
35. The officers attached to prisons at the time of the
commencement of this Act (r) (in this Act referred to
12
178 THE PRISON ACT, 1877.
as existing officers of a prison) shall bold their offices
by the same tenur e, and upon like terms and condi-
tions/ as if this Act had not passed, and, shall receive
salaries of not less amount than those which they have
hitherto received, (s)
Such existing officers as aforesaid may be distri-
buted amongst the several prisons to which this Act
applies (t) in such manner as may be directed by the
Secretary of State, and they shall perform such duties
as they may be required to perform by the said
Secretary of State, so that such duties are the same or
analogous to those they performed previously to the
commencement of this Act,(r) and, subject as aforesaid,
they shall perform the same duties as nearly as may be
as they are performing at the time of the commence-
ment of this Act.
An existing officer of a prison who is at the com-
mencement of this Act in the receipt of military or
naval half-pay, or who has, at or before such com-
mencement as aforesaid, .comnmted his pension in
pursuance of The Pensions Commutation Act, 1871, (u)
o^ws in recei pt of any, pension, payable out of public
Wouey s, shall not 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 thence-
forward paid out of public moneys, or of his employ-
ment becoming a public employment, or an employment
of profit under Her Majesty, within the meaning of the
Acts of Parliament providing for such deduction of
salary or deprivation of half-pay, nor be disqualified
from receiving such half-pay or pension by reason of
his becoming b y virtue of this Act, a oiy il spry**"*, "f-
Her Majesty . *" ""
(r) The 1st of April, 1878 (s. 2, ante p. 149). _
(*) The officers attached to prisons at the time specified will proba-
bly consist of two classes ; viz., those officers who were appointed
previously to the commencement (the 1st of February, 1866) of The
THE PRISON ACT, 1877. 179
Prison Act, 1865, and those officers who have been appointed under
that Act.
As regards officers appointed previously to the commencement of
The Prison Act, 1865, except the officers of the discontinued prisons
named in Schedule II. of the Act, the 79th section of the Act {ante
p. 108) declared that they should remain entitled to the same tenure
of office, salary, and superannuation allowance as they would have
been entitled to if that Act had not passed, subject to a proviso
relative to their superannuation allowance ; and with respect to
officers of the second class (see s. 14 of the Act, ante p. 70), that they
should hold their offices during the pleasure of the justices in sessions
assembled, and should receive such salary as the justices may direct,
subject to the proviso, that in the case of a municipal borough the
amount of the salary of every prison officer appointed under the Act
should be approved by the town council.
(t) See s. 3, ante p. 150.
(«) The Pensions Commutation Act. 1871, (34 & 35 Vict. c. 36)
enables (ss. 3, 4) officers in Her Majesty's naval or land forces, and
persons who may retire or who may be removed from public civil
offices, in consequence of the abolition of their offices or for the
purpose of facilitating improvements in the organization of the
departments to which they belong, and to whom annual pensions
have been granted by way of compensation for such retirement or
removal, to make application to the Treasury, and, subject to such
regulations as the Treasury may from time to time make, and to
certain provisions contained in the Act, to commute their pensions
for the payment of a capital sum of money, calculated according to
the estimated duration of the life of the pension-holder.
The Act also declares (s. 2) that the term " pension " shall include
half-pay, compensation allowance, superannuation, or retirerrjfcgfe
allowance, or other payment of the like nature ; that " officer*
shall mean commissioned and warrant officer in the army and navy,
and subordinate officer in the navy ; and that " public civil office "
shall mean any office other than that of an officer in Her Majesty's
naval or land forces, the holder of which is paid his remuneration
out of moneys provided by Parliament for supply services.
Superannuation of Officer's and Abolition of Office.
36. If at any time after the commencement of this
Act (w) it appears to the T reasury that an y exiti itn.Q" officer
oT a prison (a- ) has bee n' m the priso n service for not less
thanTwehty years , and is not less than sixirpvtww-af
age, or that any existing officer of a prison hasbecome
incapable, from confirmed sickness, age, infirmity, or
injury received in - actual execution of his duty, of
.CI
180 THE PKISON ACT, 1877.
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 Prison Commissioners
testifying to his good conduct during his period of
service under thein, and recommending a grant to be
made to him, t he Treasury may grant to such officer,
having regard tn Ins lenn-th ot pnW>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 <A-r^
^** wficer to whom such "annuity or allowance is granted
' was serving at the date of the commencement of this
Act out of ra tes which at or immediately before the
commencement of the Act were applicable to the pay-
ment of the salary of such officer,(6) a nd the residue sha ll
be paid out of moneys p rovided by Parliamen t. ""
(m\ The 1st of April, 1878 (s. 2, ante^. 149).
(*') See s. 35, ante p. 177, as to the meaning of the term " existing
^officer of a prison."
(y) But no existing officer of a prison is to be entitled (see s. 53, post
p. 191) to any superannuation or other allowance under this Act, the
if conditions of whose office would not have entitled him to super-
annuation or other allowance under The Prison Act, 1865 ; and that
Act directs (s. 79, ante p. 108) as to officers of prisons, except officers
of the discontinued prisons named in Schedule II. (ante p. 142),
appointed before its commencement (1st of February, 1866) that they
shall remain entitled to the same superannuation allowance as if the
Act had not passed ; provided that the superannuation allowance of
any prison officer appointed before that date, may, on the application
of such officer, and with the consent of the justices in sessions
assembled, be calculated oh the scale on which the superannuation
allowances of officers appointed under the Act are appointed to be
calculated. How the superannuation allowances of the last-men-
tioned officers are to be calculated is pointed out by s. 15 of The
Prison Act, 1865. ante p. 70. As to the compensation to be allowed
to persons who, by reason of the discontinuance of any prison, since
the date of the passing of The Prison Act, 1865, other than the dis-
continued prisons specified in Schedule II. of that Act, have been
deprived of any salary or emolument, see The Prison Officers Com-
pensation Act, 1868, (31 Vict. c. 21,) in the Appendix.
(z) As to the prisons to which the Act applies, see s. 3, ante p. 150.
An " existing officer " of a prison means an officer who may be at-
tached to any prison to which the Act applies, at the time (1st of
April, 1878) of its commencement (s. 35, ante p. 177). The Superan-
nuation Act, 1859. (22 Vict. c. 26,) empowers (s. 7) the Commissioners
of the Treasury to grant to any person retiring or removed from the
public service in consequence of the abolition of his office, or for the
purpose of facilitating improvements in the organization of the depart-
ment to which he belongs, by which greater efficiency and economy can
be effected, such special annual allowance by way of compensation,
182 THE PRISON ACT, 1S77-
as on a full consideration of the circumstances of the case may
seem to the said Commissioners to be a reasonable and just compen-
sation for the loss of his office ; but provides that, if the compensation
shall exceed the amount to which such person would have been
entitled under the scale of superannuation which the Act contains, if
ten years were added to the number of years which he may have
actually served, the allowance shall be granted by a special minute,
stating the special grounds for granting it, which special minute must
be laid before ParUament. and the Act further provides that no such
allowance shall exceed two-thirds of the salary and emoluments of the
office.
The Commissioners of the Treasury are, however, further empow-
ered (s. 9) to grant to any person any superannuation, compensation,
gratuity, or other allowance of greater amount than the amount
which might be awarded to him under the foregoing provisions, when
special services rendered by such person, and requiring special reward,
shall appear to them to justify the increase, but so that such allow-
ance shall in no case exceed the salary and emoluments enjoyed by
the grantee at the time of his retirement, and the grounds of every
suclf increase are to be stated in a minute of the Treasury, which is
to be laid before Parliament ; but the Commissioners may also, on
the other hand, grant to any person any such allowance of less amount
than otherwise would have been awarded to him, where his defaults
or demerit in relation to the public service appear to them to justify
such a diminution.
The scale fixed by The Superannuation Act, 1859, for granting
superannuation allowances to persons who have served in an esta-
blished capacity in the permanent Civil Service of the State, whether
their remuneration be computed by day pay, weekly wages, or annual
salary, is as follows : —
To any person who shall have served ten years and upwards, and
under eleven years, an annual allowance of ten-sixtieths of the annual
salary and emoluments of his office ;
For eleven years, and under twelve yaars, an annual allowance of
eleven-sixtieths of such salary and emoluments ;
And in like manner a further addition to the annual allowance of
one-sixtieth in respect of each additional year of such service, until
the completion of a period of service of forty years, when the annual
allowance of forty-sixtieths may be granted ; but no addition is to be
made in respect of any service beyond forty years (see, however, the
provision as to allowances for special services, noticed above) ; and
the Act provides that if any question shall arise in any department of
the public service as to the claim of any person or class of persons
for superannuation under this provision, it shall be referred to the
Commissioners of the Treasury, whose decision is to be final. All
orders, warrants, and minutes required by the Act to be laid before
parliament are (s. 13) to be laid* before both Houses of Parliament
£ ithin fourteen days after being made, if Parliament be sitting, and
if Parliament be not sitting, then within fourteen days after its next
meeting.
THE PRISON ACT, 1877. 183
All superannuations, compensations, gratuities, and other allow-
ances granted under the Act are to be paid (s. 16) to the persons
entitled to receive them without any abatement or deduction in re-
spect of any taxes or duties whatever, existing at the time of its
passing (19th of April, 1859), except the tax upon property or income.
(a) As to the transfer of prisons to the Secretary of State, see s. 5,
ante p. 151.
(b) See The Prison Act, 1865, s. 8, ante p. 65.
As to Miscellaneous Matters.
Relaxation of the Law relating to Hard Labour.
37. Whereas in pursuance of the 34th regulation of
the first schedule annexed to The Prison Act, 1865, (c)
a male person of sixteen years and upwards sentenced
to hard labour is directed to 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 ; and whereas it is expedient to amend the
said regulation : Be it enacted, that the Secretary of
State may in either of such cases substitute hard
labour of the second class for hard labour of the
first class during the last two of such three months
as aforesaid, or any part of such last two months, and
he may make such substitution either by a general
or special regulation, and either conditionally or un-
conditionally, and may from time to time vary any
regulation so made. In making any regulations in
pursuance of this section, the Secretary of State shall
have regard to the previous convictions, the industry,
and the conduct of the prisoners.
(c) The regulation referred to will be found in Schedule I. of The
Prison Act, 1865, ante p. 121.
Rules as to Treatment of Prisoners confined for Non-
payment of Sums in the nature of Debts.
38. The Secretary of State may from time to time
make, and when made repeal, alter, or add to rules (d)
184 THE PKISON ACT, 1877.
■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 imprisoned in respect of the default of a distress to
satisfy a sum of money adjudged to be paid by order
of a justice or justices, so that such rules are in
mitigation, and not in increase, of the effect of such
imprisonment, as regulated by The Prison Act, 1865. (e)
(d) As to the legal requisites and proof of such rules, see s. 51, post
p. 192. The rules made as to debtors, in pursuance of The Prison Act,
1877, are, except in certain cases, to apply to such prisoners. The
rules will be found in the Appendix, post p. 276.
(e) See The Prison Act, 1865, s. 17, ante p. 72, and regulations 16,
17. 18, 31, 39, and 62, in Schedule I. of that Act, ante pp. 118, 121,
123, 131.
Special Rules as to Treatment of Unconvicted Prisoners
and certain other Prisoners.
39. "Whereas it is expedient that a clear difference
shall be made between the treatment of persons un-
convicted of crime and in law presumably innocent
during the period of their detention in prison for safe
custody only] and the treatment of prisoners who have
been convicted of crime during the period of their
detention in prison for the purpose of punishment, and
that in order to secure the observance of such differ-
ence there shall be in force in every place in which
prisoners are confined 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 preserving order and good government in the place
in which they are confined, and to the physical and
moral well-being of the prisoners themselves : There-
fore be it enacted, that the Secretary of State shall
make, and when made may from time to time repeal,
alter, or add to, special rules (/) —
(1) With respect to the retention by a prisoner of
the possession of any books, papers, or docu-
THE PRISON ACT, 1877. 185
ments in his possession at the time of his
arrest, and which may not be required for
evidence against him, and are not reasonably
suspected 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 ; (g)
(2) With respect to communications between a
prisoner, his solicitor, and friends, so as to
secure to such prisoner as unrestricted and
private communication between him, his
solicitor, and his friends as may be possible,
having regard only to the necessity of pre-
venting any tampering with evidence, and
any plans for escape, or other like considera-
tions ; (A) and,
(3) With respect to arrangements whereby prisoners
may provide themselves with articles of diet,
or may be furnished with a sufficient quantity
of wholesome food, and may be protected
from being called upon to perform any un-
accustomed tasks or offices ; (i) also any matter
which the Secretary of State may think con-
ducive to the amelioration of the condition
of a prisoner who has not been convicted
of crime, regard being had to such matters
as are in this section directed to be regarded.
(/) As to the legal requisites and proof of such rales, see s. 51,
post p. 192. The rules thus made will be found post pp. 268, 276.
(g) See regulations 6, 8, 48, in Schedule I. of The Prison Act, 1865,
ante pp. 116, 125.
(/i) See regulations 54, 55, in Schedule I. of The Prison Act, 1865,
ante p. 127.
(<£) See regulations 13, 15, 16, 17, 18, 19, 21, 22, in Schedule I. of
The Prison Act, 1865, ante pp. 117, 118. 119, with regard to the right
of prisoners to provide themselves with articles of diet, and as to
their being furnished with a sufficient quantity of wholesome food.
See also s. 21 of that Act {ante p. 76) with regard to the framing of
dietary tables.
186 THE PRISON ACT, 1877.
Treatment of Prisoners Convicted of Sedition, etc.
40. The Prison Commissioners shall see that any
prisoner under sentence inflicted on conviction for
sedition or seditious libel shall be treated as a mis-
demeanant of the first division within the meaning
of section sixty-seven of " The Prisons Act, 1865,"
notwithstanding any statute, provision, or rule to the
contrary, (j)
(J) See the section referred to, ante p. 102.
Treatment of Persons committed for Contempt of Court.
41. Any person who shall be imprisoned under any
rule, order, or attachment for contempt of any court
shall be in like manner treated as a misdemeanant of
the first division within the meaning of the said section
of the said Act. (k)
(A) Section 67 of The Prison Act, 1865. See ante p. 102.
Test of Malingering.
42. That where the prison medical officer considers
it necessary to apply any painful test to a prisoner to
detect malingering or otherwise, such test shall only
be applied by authority of an order from the Visiting
Committee of justices, or a Prison Commissioner.
Limitation of Time of Confinement in Punishment Cells.
43. It shall not be lawful for the gaoler to order
any prisoner to be confined in a punishment cell for
any term exceeding twenty-four hours ; (I) nor shall
it 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, (in)
THE PRISON ACT, 1877. 187
(I) This provision applies to the 57th regulation in Schedule I. of
The Prison Act, 1865 (ante p. 128) which empowers the gaoler to
hear complaints respecting offences against prison discipline, and to
punish such offences by ordering an offender to close confinement
for any time not exceeding three days, and there to be kept upon
bread and water.
(m) The 14th section of this Act declares (ante p. 100) that the
Visiting Committee, a body created by the Act (s. 13, ante p. 158)
in the place of the visiting" justices, shall be deemed. to be visiting
justices for all the purposes of the regulations 5S and 59 in Schedule I.
of The Prison Act, 1865, which relate to the punishment by the
visiting justices of prisoners guilty of repeated offences against
prison discipline, or of any offence against prison discipline which
the gaoler is not empowered (regulation 57, ante p. 128) to punish ;
and the 58th regulation gave the justices power to order such an
offender to be punished by confinement in" a punishment cell for
any term not exceeding one month, a period reduced by this section
to any term not exceeding fourteen days.
As to Inquests on the Bodies of Prisoners.
44. 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 such inquest, (n)
(n) As to the holding an inquest on the body of a prisoner who dies
within the prison, see The Prison Act, 1865, s. 48, ante p. 93, and
regulation 75 in Schedule I. of that Act, ante p. 133. See also as to
the holding of inquests on the body of a prisoner executed in a prison
on the execution of judgment of death, The Capital Punishment
Amendment Act, 1868 (31 Vict. c. 24 s. 5), in the Appendix.
Transfer of Duties of existing Inspectors of Prisons.
45. On and after the commencement of this Act,
any duties required by Act of Parliament or other-
wise to be performed by an inspector of prisons
appointed in pursuance of the Act of the session of the
fifth and sixth years of King William the Fourth, chapter
thirty-eight, 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.(o)
The persons who at the commencement of this Act
188 THE PRISON ACT, 1877.
hold the offices of inspectors of prisons, under such
last-mentioned Act, shall become inspectors under
this Act, in the same manner and liable to the per-
formance of the same duties as if they had been
appointed inspectors in pursuance of this Act, subject
to the following qualifications, namely : —
(1) 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) Any duties they may be required to perform
in pursuance of this Act shall be the same
or analogous duties to those which they
performed previously to the commencement
of this Act.
The seventh section of the Act of the session of the
fifth and sixth years of William the Fourth, chapter
thirty-eight, shall be repealed from and after the com-
mencement of this Act, in so far as respects England.
(o) The Act will come into operation on the 1st of April, 1878.
The inspectors of prisons appointed under the 7th section of the Act
5 & 6 W. IV. c. 38, which section is, from the date just mentioned,
repealed by the present section, in so far as respects England, are
required by that Act to visit and inspect, either singly or together,
every gaol, bridewell, house of correction, penitentiary, or other
prison or place kept or used for the confinement of prisoners, in any
part of the Kingdom of Great Britain ; and every such inspector is
authorized to examine any person holding any office or receiving any
salary or emolument in any such gaol, bridewell, house of correction,
penitentiary, prison, or other place of confinement, and to call for
and inspect all books and papers relating thereto, and to inquire into
all matters touching and concerning such gaol, bridewell, house of
correction, penitentiary, prison, or other place of confinement.
Every such inspector is also required by the Act, on or before the
1st of February in every year, to make a separate and distinct report
in writing of the state of every gaol, bridewell, house of correction,
penitentiary, prison, or other place of confinement visited by him,
and to transmit the same to one of the principal Secretaries of State.
The Act also provides that a copy of every such report should be laid
before both Houses of Parliament within fourteen days after the 1st
of February in every year, if they should be then assembled ; or if
THE PRISON ACT, 3877. 189
Parliament should not be then assembled, within fourteen days of its
meeting after such 1st day of February. With regard to the reports
relating to prisons, etc. , which are after the commencement of The
Prison Act, 1877, to be made by the Prison Commissioners to the
Home Secretary and to Parliament, see ss. 10, 11. and 12, ante pp.
156, 157. As to the appointment of Prison Commissioners and in-
spectors under this Act, see ss. 6, 7, ante pp. 157, 158. The Act 5 & 6
W. IV. c, 38 provides (s. 8) for the punishment of persons knowingly
and wilfully obstructing inspectors in the execution of any powers
entrusted to them ; and authorizes (s. 9) a justice of the peace, on any
complaint being made to him against any person for any such offence,
to issue his summons for the appearance of such person to answer the
charge. The Act will be found in the Appendix.
Poicer of Prison Authority to Borroic on Rate.
46. A prison authority may borrow any moneys
authorized to be borrowed by them under this Act, (p)
as one loan, or as several loans in manner provided by
The Local Loans Act, 1875, (q) on the security of any rate
or property which would, if this Act had not passed,
have been applicable to the maintenance of the prisons
within the jurisdiction of such authority, and such
prison authority may levy such rate or apply such
property in the same manner in all respects as if this
Act had not passed, (r)
The period for the discharge of a loan under this Act
shall be deemed to begin at the date of the first advance
of money made on account of any such loan or loans.
(p) See s. 17, ante p. 163 ; and s. 34, ante p. 176.
(q) The Local Loans Act, 1875, (38 & 39 Vict. c. 83.) empowers local
authorities to borrow money (1) by the issue of debentures, (2) by the
creation and issue of debenture stock, and (3) by the issue of annuity
certificates, or partly in one way and partly in another. And the Act
declares (s. 5) that a debenture under it shall be an instrument taking
effect as a deed, and charging the local rate or property in such de-
benture specified with payment, as in the debenture mentioned, of
the principal sum and interest therein specified. A debenture is not
to be issued for less than the prescribed sum, or. where no.sum is pre-
scribed, for less than twenty pounds. A debenture stock may be
created and issued (s. 6) by a local authority having power to raise a
loan or any part thereof by the issue of debenture stock. Such stock
is to be of nominal amount, not exceeding the amount of money autho-
190 THE PRISON ACT, 1877.
rized to be raised by such stock, and is, unless it be otherwise provided
by the conditions of issue, to be redeemable at par at the option of the
local authority, at such times and upon such conditions as that authority
may declare at the time of issue. The title of any person to any share
in debenture stock is to be evidenced by the entry in the register,
which the Act requires (s. 23) to be kept, of the name of such persun
as owner. The stock is to bear such rate of interest, and the interest
is to be payable at such times as the local authority may declare at
the time of issue ; and the debenture stock and the interest thereon
are to be a charge on the local rate or property specified at the time
of issue, in the same manner as if it were a principal sum and interest
charged thereon by deed. An annuity certificate under the Act is to
be (s. 7) an instrument taking effect as a deed, and charging the local
rate or property specified in the certificate -with payment, as in the
certificate mentioned, of the annual sum therein specified. An an-
nuity certificate is not to be issued for a less annual sum than the
prescribed sum, or, where no sum is prescribed, for less than three
pounds. Where a debenture or an annuity certificate charges pro-
perty other than the local rate, and it is intended that, in default of
payment of the principal sum. or of the interest due on such debenture,
or of the annual sum secured by such annuity certificate or some
<part thereof, the property is to be sold, a statement to that effect is
to be inserted in the debenture or annuity certificate as the case may
be ( ss. 5. 7); and similarly where debenture stock and the interest
thereon is a charge on property other than the local rate, and it is in-
tended that, in default of the payment of the interest, or for the pur-
pose of raising the money required for the redemption of the stock,
the property is to be sold, a declaration to that effect is to be made
(s. 6) by the local authority at the time of the issue of the stock, and
is to be* deemed to form one of the conditions of the issue. The fore-
going is an outline of some of the principal provisions of The Local
Loans Act, 1875, with respect to the securities which may be created
and issued under it ; but for a full description of the nature of those
securities, of the rights and liabilities which they may confer or
impose, of the mode of negotiating them, and of the various other
incidents belonging to them, the Act itself must be referred to.
(r) See The Prison Act, 1865, s. 8, ante p. 65.
Poicer of Public Works Loan Commissioners to Lend.
47. The Public "Works Loan Commissioners may
advance to any prison authority, on the security of such
rate or property as aforesaid, (s) any moneys authorized
to be borrowed by the prison authority for the purposes
of this Act. (t)
The Public Works Loan Commissioners shall take,
in respect of any loan advanced by them under this Act,
THE PRISON ACT, 1877. ■ 191
in preference to any other securities, all or such one
or more of the securities issuable under The Local Loans
Act, 1875, (u) as they may prefer; and for the purposes of
any loan so made, and so far as relates to the securities
taken and to the recovery of the moneys due on such
securities, The Local Loans Act, 1875, shall be deemed
to be substituted for The Public Works Loans Act,
1875.
(s) See s. 46, ante p. 189 ; and The Prison Act, 1865, s. 8, ante p. 65.
it) See ss. 17, 34, ante pp. 163, 176.
(u) The securities issuable under The Local Loans Act, 1875, are
debentures, debenture stock, and annuity certificates (see Note (a) to
s. 46, ante p. 189).
Legal Estate in Prison.
48. The legal estate in every prison W whHi this
Act applies, and in the site and* land belonging thereto,
and in "the furniture and effects, shall, oif 'J'liu'uftyi the"
commencement of this Act, be deemed to be vested in
the Prison Commissioners,, and not in the (Secretary : of
State, but shall from time to time be disposed of by
such Commissioners in such mode as the Secretary of
State, with the consent of the Treasury, may direct, (v)
(v) As to the prisons to which the Act applies, see s. 3, ante p. 150.
The meaning of the term " prison " is further defined than in The
Prison Act, 1865, by s. 60 of this Act, post p. 197. As to the meaning of
the term " furniture and effects," see s. 56, post p. 195. With respect to
the vesting of the legal estate in the prisons to which the Act applies
in the Prison Commissioners, and not in the Secretary of State, this
section may be compared with s. 5, ante p. 151.
Appropriation of Court-Houses situated within the
Precincts of a Prison.
49. Town halls, court-houses, or other rooms situate
within the curtilage of a prison, or forming part of a
prison as defined by this Act, (iv) and which town halls,
court-houses, or other rooms are used for the holding
192 THE PRISON ACT, 1877.
assizes or petty sessions, or for purposes other than
those connected with the management of a prison, shall
not be transferred to or vested in the Secretary of
State under this Act, but it shall be lawful for the
Secretary of State, with the consent of the Treasury,
if he thinks it desirable, to purchase such town halls,
court-houses, or other rooms so situate as aforesaid from
the local authority to whom the same belong, and for
the purposes of such purchase The Lands Clauses Con-
solidation Acts, 1845, 1860, and 1869, shall be incorpo-
rated with this section, and in the construction of the
said incorporated Acts this Act shall be deemed to be
the special Act, and the Secretary of State shall be
deemed to be the promoter of the undertaking.
(w) As to the meaning of the term " prison " in this Act, see ss. 60,
61, post pp. 197, 198.
Protection of Prisons in the nature of National
Monuments.
50. Any buildings which, being in the nature of
national monuments, are, as to certain portions thereof,
used as prisons, shall, as to the portions so used, during
such time as they are used by the Secretary of State,
be maintained in such manner as to prevent their being
defaced or injured in their character of national monu-
ments.
Pules of Secretary of State, and Repeal of Inconsistent
Enactments.
51. Any rule made by a Secretary of State, in
pursuance of this Act, may be proved in manner in
which regulations made under the authority of one of
Her Majesty's principal Secretaries of State are capable
of being proved in pursuance of The Documentary
Evidence Act, 1868, (a) and all enactments inconsistent
THE PKISON ACT, 1877. 193
with this Act are hereby repealed : Provided always,
that all rules and regulations made under or in pur-
suance of this Act shall be forthwith laid in a complete
form, after the same shall have been settled and ap-
proved by such Secretary of State, before both Houses
of Parliament, if Parliament be sitting, or if not, then
within three weeks after the beginning of the next
ensuing session of Parliament ; and if any such rules or
regulations shall be disapproved by either House of
Parliament within forty days after the same shall have
been so laid before Parliament, such rules or regula-
tions, or such parts thereof as shall be so disapproved
of, shall be void and of no effect : Provided also, that
no such rules or regulations shall come into force or
operation until the same shall have been so laid before
Parliament for forty days.
O) The Documentary Evidence Act, 1868 (31 & 32 Vict. c. 37),
provides (s. 2) that prima facie evidence of any regulation made by
one of Her Majesty's principal Secretaries of State may be given in
all courts of justice and in all legal proceedings whatsoever, in all or
any of the following modes, so far as the provisions of that Act are
applicable to the rules in question, that is to say, —
(1) By the production of a copy of The London Gazette purport-
ing to contain such regulation ;
(2) By the production of a copy of such regulation purporting to
be printed by Her Majesty's printer ;
(3) By the production of a copy of or extract from such regulation
purporting to be certified to be true by any Secretary or
Under-Secretary of State.
Any copy or extract made in pursuance of the Act may be in print
or in writing, or partly in print and partly in writing ; and no proof
is to be required of the handwriting or official position of any person
certifying to the truth of any copy of or extract from such regulation.
It is, however, declared by the Act (s. 6) that its provisions shall be
deemed to be in addition to, and not in derogation of, any powers
of proving documents given by any existing statute or existing at
common law.
Saving Clause as to Reformatory and Industrial Schools.
52. Nothing in this Act contained shall affect the
powers or jurisdiction of a prison authority in relation
13
194 THE PRISON ACT, 1877.
to any reformatory school or to any industrial school
under The Reformatory Schools Act, 1866, and The
Industrial Schools Act, 1866, or either of such Acts, or
any Act amending the said Acts, or either of them.
Saving Clause as to Pensions.
j>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.<r
Definition of "County" and "Riding."
58. In the construction of this Act, unless there is
something inconsistent in the context, —
" County " means a county at large, inclusive of any
riding, division, or parts of a county having a
separate court of quarter sessions:
" Riding " means any riding, division, or parts of a
county having a separate court of quarter
sessions.
The City of London shall be deemed to be a county,
and any prison belonging to the City of London to be
situate within the limits of that city.
THE PRISON ACT, 1877. 197
Save as aforesaid, all counties of cities, counties of
towns, liberties and franchises of counties, shall be con-
sidered as forming part of the county by which they
are surrounded, or if partly surrounded by two or more
counties, then as forming part of that county with
which they have the longest common boundary.
Definition of u Borough."
59. " Borough " means a place which is for the time
being subject to the Act of the session of the fifth and
sixth years of the reign of King William the Fourth
(chapter seventy-six), " to provide for the regulation of
municipal corporations in England and Wales," inclu-
sive of any county of a city or county of a town.
Definition of -Prison?' U,
60. " Prison," in addition to the meaning attached
to it by Tlie Prison Act, 1865, (b) includes any land or
building bought or contracted t o be bought before the
commencement of this Act {c) by a prison authority, for
the p urpose of enlarging or altering any prison , grjl
a dding to the appurtenances" of anv prison rfjubjest To
this proviso, that if the Secretary of .State is of opinion
that anv portion of the lands so bought or contracted
to be bought, whether i ncluded or not within t he walls
of the prison, was not at the time of the passing (d) of
this Act neces sary for the then subsisting_ purposes of
such prison, he" "shall either direct th at suc h portion
shall be reconveyexl_to tKe~~prison authority, or retain
such portion, or any part of such portion, on payment
out of moneys provided by Parliament of such sum as
may be agreed upon, or, in the event of difference, may
be determined by arbitration in manner provided by
this Act, (e) on the transfer of any such prison to him,
and the vesting thereof in him as by this Act provided. (/)
198 THE PRISON ACT, 1877.
(b) See s. 4 of that Act. ante p. 61.
(c) The 1st of April, 1878 (s. 2, ante p. 149).
(d) The 12th of July, 1877.
(e) See s. 55, ante p. 194.
(/) See s. 5, ante p. 151, and s. 19, ante p. 166.
Definition of "Prison Authorities" " Justices in Sessions
Assembled" " Visiting Justices.''''
61. In this Act the expressions " prison authorities."
" justices in sessions assembled," and " visiting justices "
shall respectively have the same meaning in relation to
any prison as they have in The Prison Act, 1865, and
expressions denned in that Act have the same meaning
also in this Act. (</)
(g) The general definition of terms used in The Prison Act. 1865, will
he found in s. 4 of that Act, ante p. 61. As to the meaning of the terms
" prison authorities," " justices in sessions assembled," and " visiting
justices," see ss. 5, 6, 53 respectively of the Act, ante pp. 62, 63, 96.
199
APPENDIX.
5 Geo. IV. c. 12.
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 Regulating of certain
Gaols and Houses of Correction in England and Wales. — [23/'d
of March, 1824.]
Recital of 4 Geo. IV. c. 64 s. 2.— In counties divided into ridings
or divisions, a court of sessions for the gaol shall be held ; and such
court shall possess all the powers given by the, former Act respecting
the common gaol of such county. — Whereas by an Act (h) passed
in the fourth year of the reign of His present Majesty, intituled
" 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," it was (amongst
other things) enacted, that there should be maintained at the
expense of every county in England and Wales one common
gaol, and that the regulations and provisions contained in the
said Act should extend, in manner therein mentioned, to every
such gaol : and whereas in certain counties in England there are
distinct commissions of the peace for the several ridings and
divisions into which such counties are divided, and distinct
courts of sessions of the peace are holden for each of such rid-
ings and divisions respectively, and in such counties there are
no courts of general or quarter sessions holden for the whole
county at large, in consequence whereof the provisions and
regulations of the said Act cannot in such counties be carried
into execution : for remedy thereof, and in order to extend to
such counties all the benefits of the said Act ; be it therefore
enacted by the King'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, that in every county divided into ridings
or divisions, having distinct commissions of the peace, there shall
be held from time to time a court of sessions for the gaol of such
200 APPENDIX.
county, of which court all the justices of the peace of every
riding and division of such county shall be members ; and any
two of such justices shall be able to hold such court ; and such
court shall possess and exercise all the powers and authorities
respecting the common gaol of such county, and all matters
relating thereto, which are in and by the said recited Act vested
in the court of general or quarter sessions of the peace for any
other county of England ; and the justices of the peace for each
of such ridings and divisions are hereby authorized as fully and
effectually to perform and execute all the provisions and regula-
tions of the said recited Act, with respect to such county gaol,
as justices of the peace for the county are in any other county of
England authorized to do with respect to the gaol of their re-
spective counties ; and the said court of gaol sessions is hereby
empowered to transact and do, within the counties so divided,
all such matters and things appertaining to the authority of
justices of peace in sessions assembled, with respect to the county
gaol, as are in other counties capable of being done by justices
of the peace in their general or quarter sessions assembled ; and
where by the said Act any thing is ordered to be done at any
general or quarter sessions, or at any adjournment thereof, or
at any subsequent general or quarter sessions or adjournment
thereof, respecting the county gaol, then such things may be
done at such gaol sessions, or at any adjournment thereof, or at
one or more subsequent gaol sessions, in such ways and with
such public notices as in the said recited Act they are ordered or
directed to be done by the general or quarter sessions or adjourn-
ment thereof.
(/*) The Act, 4 Geo. IV. c. 64. was repealed by The Prison Act, 1865.
See s. 73 of the Act, ante p. 100, and Schedule III., ante p. 142.
3. Clerk of gaol sessions to continue in office till another is ap-
pointed, d-c. — And be it further enacted, that the clerk of the
gaol sessions shall continue in his office until another shall be
elected in his stead by the court of gaol sessions, and shall, with
respect to the said recited Act and this Act, have and enjoy all
the powers vested by the said recited Act in the clerk of the
peace of any county.
4. Courts of gaol sessions to be held, and notice thereof given, dkc.
— And be it further enacted, that the clerk of the gaol sessions
shall, on receiving a precept commanding him so to do, signed
by any two justices of the peace acting for any of the ridings or
divisions of the county, summon the justices to meet in a court
of gaol sessions, by a notice to be published at least twice in
some of the public newspapers most usually circulated in the
county, which notice shall declare the day, hour, and place at
which such court is to be held ; and also that the said clerk, if
5 geo. iv. c. 12. 201
the court of gaol sessions shall be dissolved without adjourn-
ment, or shall adjourn for a longer time than three calendar
months, shall by a like notice, to be issued of his proper au-
thority, without any precept in that behalf, summon a court of
gaol sessions to be held within three calendar months next after
such dissolution or last adjournment.
5. Place for holding sessions. — And be it further enacted, that
the sessions for the county gaols shall be held in some place in
the gaol, or within one mile thereof, unless there shall be special
reasons for the contrary, which shall be expressed in the pre-
cept to be directed to the said clerk as aforesaid ; and if it shall
be held in the gaol, or within such distance thereof as aforesaid,
all matters done thereat touching the county gaol shall be legal,
though the sessions be held in some place not within the county.
6. Appointment and duties of treasurer. — Salaries of clerk and
treasurer. — And be it further enacted, that the court of gaol
sessions shall also elect a treasurer of the moneys applicable to
the repair of the county gaol, who shall not be the clerk of the
said court ; and the said treasurer shall receive and pay all
moneys to be raised for the repair of the county gaol, or to be
disbursed by order of the court, and shall give discharges for
the moneys received, and apply the same as by such court shall
be ordered, and shall keep a distinct account of such moneys
received and paid, and shall from time to time, when called on
by the said court, account upon oath, if required, for all moneys
so by him received, and deliver in all vouchers respecting the
same ; and the said court shall from time to time appoint such
salaries to such clerk and treasurer respectively as they shall
think fit, to be paid out of the moneys aforesaid ; and such trea-
surer shall give such security for the faithful performance of his
duty as the court of gaol sessions shall direct.
7. Proportions of county rates to be paid by each riding or
division for expenses of gaol. — And whereas it is expedient that
all the expenses incurred respecting any county gaol, where the
county is so divided as aforesaid, whether arising out of the
provisions of the said recited Act or of this Act, or otherwise,
should be discharged out of the county rates ; and it is necessary
to fix the proportions in which the several ridings or divisions
shall contribute to such expenses ; and it may also be necessary
from time to time to vary the said proportions : Be it therefore
further enacted, that where in any such county there are, at the
time of passing this Act, any fixed proportions in which such
expenses are or have been paid and borne, such proportions
shall continue to be acted on, and the contributions shall be paid
accordingly, till some alteration shall be made therein by the
court of yaol sessions ; and that where there are now no such
202 APPENDIX.
fixed proportions, the said court shall forthwith fix the propor-
tions in which the contribution is to be made ; and the said
court shall also have power and authority to alter the said pro-
portions from time to time ; provided that no such alteration
shall be made, unless the intention of making such alteration
shall be expressed in the notice whereby the court is summoned,
and shall be published for one month at the least before the
court shall be held.
8. Proportions in which ridings or divisions are to contribute
towards the expenses of the gaol, to be settled by arbitration in case
of dispute. — And be it further enacted, that when the court of
gaol sessions shall order an alteration to be made in the propor-
tions in which the ridings or divisions of the county are to
contribute towards the expenses of the county gaol, or shall
negative a proposition for making such alteration, and any
riding or division shall be dissatisfied therewith, it shall be
lawful for the clerk of the peace of such riding or division, being
thereunto authorized by an order of the court of quarter or gaol
sessions of such riding or division, to apply to the justices of
assize of the last preceding circuit, or of the next succeeding
circuit, or to one of such justices, who shall by writing under
their or his hands or hand nominate a barrister-at-law, not
having any interest in the question, to arbitrate between the
ridings or divisions ; and such arbitrator shall summons the
several clerks of the peace of the ridings or divisions interested
in the matter in dispute to appear before him, at a time to be
by him appointed, and there to produce all information touching
the matter in dispute ; and such arbitrator may, if he shall see
fit, adjourn the hearing from time to time, and require all such
further information to be afforded by either of the parties as
shall appear to him meet and necessary ; and shall, by his award
in writing, determine the proportions in which such ridings or
divisions shall contribute towards the said expenses ; and his
award shall be final and conclusive between the parties for ten
years, and until further order shall be made thereon by the
court of gaol sessions ; and such arbitrator shall also assess the
costs of the arbitration, and shall direct by whom and out of
what fund the same shall be paid.
9. Order for payment of money shall be transmitted to treasurers
of the several ridings, &-c, ivho shall pay the proportionate sums
charged on each riding, ci-c. — And be it further enacted, that when
and so often as the court of gaol sessions shall find it requisite to
raise money for the purposes of the said recited Act or of this
Act, they shall make an order accordingly, and their clerk shall
forthwith transmit a copy of such order, signed by the chairman,
together with the amount of the sum of money to be paid by
5 geo. iv. c. 12. 203
virtue of it, according to the then existing proportions, by each
riding or division, to the treasurers of the several ridings or
divisions of the county ; which treasurers shall forthwith, out
of the moneys in their hands, or if those moneys shall be in-
sufficient, then so soon as sufficient moneys shall come to their
hands, pay the sum required to the treasurer of the county gaol,
and take his receipt for the same.
10. Money may be raised by mortgage of all the rates of the
county. — And be it further enacted, that when the moneys
necessary to be raised for the purposes of the said recited Act
or of this Act shall exceed one-half of the ordinary aggregate
amount of all the annual assessments for the rates of the several
ridings or divisions of any such county, taken on an average of
all such rates for the last seven years preceding, the court of
gaol sessions may and is hereby authorized to mortgage all the
rates of such county, by such instrument, and in such ways and
means, and under such provisions of repayment, and with the
same power of assignment, as in the said recited Act are enacted
respecting the mortgage of any county rates therein mentioned.
11. The rates on each riding, &c, to be charged in same manner
as the whole rates on counties under recited Act. — A.nd be it further
enacted, that the court of gaol sessions shall and is hereby
required to charge all the rates upon the several ridings and
divisions of the county, in the same manner and for the same
purposes as in and by the said recited Act the justices in their,
general or quarter sessions are authorized and required to
charge the rates of any county having one rate for the whole ;
and all the ways, means, and methods by the said recited Act
directed and allowed, as to the repayment of moneys borrowed,
and the interest thereof, and the accounts respecting the same,
shall be kept and observed by the court of gaol sessions, respect-
ing the moneys borrowed, on account of the gaol of any county
so divided as aforesaid : provided that all the moneys to be
raised on the several ridings or divisions of any such county, for
repaying money borrowed, or the interest thereof, shall be raised
in the same proportions as other moneys for the purposes of the
said recited Act or of this Act shall be raised at the time of such
money being so raised.
15. Recovery of fines, d-c, imposed by recited Act. Fines to be
paid to treasurer of county gaol. — And be it further enacted,
that if any matter or thing be done within any county so
divided as aforesaid, for which any fine, penalty, or forfeiture is
by the said recited Act imposed and directed to be paid to the
county treasurer, every conviction made in pursuance of the
said recited Act for such matter or thing shall be made by one
or more justices of the peace of the riding or division in which
20 i APPENDIX.
the offence is committed ; and all forfeitures, fines, and penal-
ties thereon accruing shall be paid to the treasurer of the
county gaol for the purposes of this Act.
16. Common gaol of county to be deemed within each riding or
division. — And be it further enacted, that in the case of every
county so divided as aforesaid, the common gaol of such county
shall, for all purposes relative to the jurisdiction of justices of
the peace, be deemed to be within and taken as part of each of
the ridings and divisions of which such county is composed ; and
every justice of the peace for each of such ridings and divisions
shall have like power and authority to execute all things apper-
taining to his office therein, as in any part of the riding or
division to which his commission specially extends.
5 & 6 Will. IV. c. 38.
An Act for effecting greater Uniformity of Practice in the
Government of the several Prisons in England and Wales ; and
for appointing Inspectors of Prisons in Great Britain. — \2oth
of August, 1835.]
3. Justices, &c, may commit offenders to any house of correc-
tion near the place where the assizes, &c, are to be held.— Whereas
great inconvenience and expense have been found to result
from the practice of committing to the common gaol of the
county persons charged with the offences intended to be tried
at the assizes or sessions holden for such county where such
assizes or sessions are holden at places distant from such common
gaol, and it is expedient that the law should be altered and
amended ; for remedy thereof, be it enacted, that from and
after the passing of this Act it shall be lawful for any justice of
the peace or coroner, acting within their several jurisdictions in
England and Wales, to commit for safe custody to any house of
correction, (i) situate near to the place where such assizes and
sessions are intended to be holden, any person or persons
charged before them with any offence triable at such assizes or
sessions ; and that whenever any such persons shall be com-
mitted to any such house of correction for trial at such assizes
or sessions, the keeper of such house of correction shall deliver
to the judges of assize or justices at sessions a calendar of all
prisoners in his custody for trial at such assizes or sessions
respectively, in the same way that the sheriff of the county
would be by law required to do if such prisoners had been com-
mitted to the common gaol of the county.
(i) The distinction between a sraol and a house of correction was prac-
tically abolished by The Prison Act. 1865. See s. 58 of that Act, ante p. i)8.
5 & 6 will. iv. c. 38. 205
4. Commitment, &c. , of persons convicted of offences for which
they are liable to death, dbc. — And be it further enacted, that
whenever any person shall be convicted at any assizes or sessions
of any offence for which he or she shall be liable either to the
punishment of death, transportation, or imprisonment, it shall
be lawful for the court (if it shall so think fit) to commit such
person to any house of correction for such county, in execution
of his or her judgment ; and in case of the commitment of any
person sentenced to death, execution of such judgment shall
and may be had and done by the sheriff of the county ; and in
case of the commitment of any person either sentenced to trans-
portation, or pardoned for any capital offence on condition of
transportation, all the powers, provisions, and authorities for
the removal of offenders sentenced to transportation, given or
granted by any former Act or Acts of Parliament to sheriffs or
gaolers, shall be and the same are hereby extended and given
to the keepers of houses of correction in whose custody such
last-mentioned offenders shall be.
7 . Power to appoint inspectors of prisons. — And be it enacted, (J)
that it shall be lawful for one of His Majesty's principal Secre-
taries of State to nominate and appoint a sufficient number of
fit and proper persons, not exceeding five, to visit and inspect,
either singly or together, every gaol, bridewell, house of correc-
tion, penitentiary, or other prison or place kept or used for the
confinement of prisoners, in any part of the kingdom of Great
Britain ; and every person so appointed shall have authority to
examine any person holding any office or receiving any salary
or emolument in any such gaol, bridewell, house of correction,
penitentiary, prison, or other place of confinement as aforesaid,
and to call for and inspect all books and papers relating thereto,
and to inquire into all matters touching and concerning such
gaol, bridewell, house of correction, penitentiary, prison, or
other place of confinement ; and every, such person so appointed
shall, on or before the first day of February in every year,
make a separate and distinct report in writing of the state of
every gaol, bridewell, house of correction, penitentiary, prison,
or other place of confinement visited by him, and shall transmit
the same to one of His Majesty's principal Secretaries of State ;
and a copy of every such report shall be laid before both Houses
of Parliament within fourteen days after such first day of
February, if they shall then be assembled ; or if Parliament
shall not be then assembled, within fourteen days after the
meeting thereof after such first day of February.
(j) This section is repealed from and after the commencement (1st of
April, 1878) of The Prison Act, 1877, in so far as respects England. See
s. 45 of that Act, ante p. 188.
206 APPENDIX.
8. Penalty on obstructing inspectors. — And be it further en-
acted, that if any person shall knowingly and wilfully obstruct
any person so appointed in the execution of any of the powers
intrusted to him by this Act, such person shall, on conviction
before a justice of the peace, forfeit and pay for each and eveiy
such offence any sum not exceeding twenty pounds, and in
default of payment of any penalty so adjudged, immediately, or
within such time as the said justice shall appoint, shall be
committed to prison for any period not exceeding one calendar
month.
9. A justice may summon offenders on complaint being made. —
And be it further enacted, that it shall be lawful for a justice
of the peace, on any complaint made to him against any person
for any such offence, to issue his summons for the appearance
of such person.
10. Secretary of State may visit or authorize persons to visit
prisons. — And be it enacted, that it shall be lawful for any one
of His Majesty's principal Secretaries of State to visit and in-
spect, or to authorize in writing any person or persons to visit
and inspect, any prison or prisons or any penitentiary or other
place of confinement for prisoners in Great Britain upon any
occasion which such Secretary of State may think expedient.
5 & 6 Will. IV. c. 76.
An Act to provide for the Regulation of Municipal Corporations
in England and Wales. — [9th of September, 1835.]
113. 7 Geo. IV. c. 64 s. 25. — Sums in respect of offences committed
in boroughs luring a court of quarter sessions shall be paid out of
the borough fund. — And whereas, by an Act made in the seventh
year of His late Majesty George IV., intituled "An Act for
improving the Administration of Criminal Justice in England
and Wales," it was enacted, that all sums directed to be paid by
virtue of that Act in respect of felonies and misdemeanors there-
in enumerated, committed in liberties, franchises, cities, towns,
and places which do not contribute to the payment of any
county rate, should be paid as therein is directed : Be it there-
fore enacted, that all sums directed to be paid by virtue of the
last-recited Act in respect of felonies and such misdemeanors as
aforesaid, committed or supposed to have been committed in
any borough in which a separate court of quarter sessions of the
peace shall be holden, shall be paid out of the borough fund of
such borough, anything in the said Act contained notwithstand-
ing ; and the order of court shall in every such case be directed
5 & G will. iv. c. 76. 207
to the treasurer of such borough instead of the treasurer of the
county.
114. Treasurers of counties to keep an account of expenses of
prosecution, <£•<•., of offenders sent from such boroughs for trial at
the assizes, and make order on the council for payment thereof —
In case of difference respecting such account, the same to be referred
to arbitration, as provided in 5 Geo. IV. c. 85, d-c. — And be it
enacted, that the treasurer of every county in England and
Wales shall keep an account of all costs arising out of the
prosecution, maintenance, and punishment, conveyance, and
transport of all offenders committed for trial to the assizes in
such county from any borough in which a separate court of
quarter sessions of the peace shall be holden ; and the treasurer
of every such county shall, not more than twice in every year,
send a copy of the said account to the council of each of the
said boroughs, and shall make an order for payment of the
same on the council of such borough ; and the council of every
such borough shall forthwith order the same, with all reasonable
charges of making and sending such account, to be paid to the
treasurer of such county out of the borough fund ; and in case
any difference shall arise concerning the said account, it shall
be decided by the arbitration of a barrister to be named, as is
provided in the case of differences with respect to the payment
of moneys under contracts made by authority of an Act made in
the fifth year of His late Majesty King George IV., intituled
"An Act for amending an Act of the last Session of Parliament,
relating to the Building, Repairing, and Enlarging of certain
Gaols and Houses of Correction, and for procuring Information
as to the State of all other Gaols and Houses of Correction in
England and Wales : " provided that nothing herein contained
shall be construed to alter or restrain the powers given by the
last-mentioned Act of contracting with the justices of the peace
having authority or jurisdiction in and over any gaol or house
of correction of the county wherein or where such borough is
situated, Or whereto it is adjacent, for the conveyance, support,
and maintenance in such last-mentioned gaol or house of correc-
tion of prisoners committed thereto from such borough, save
only that all such powers shall, after the first day of May, one
thousand eight hundred and thirty-six, be vested in the council
of such borough in the name of the body corporate whose council
they are, and none other ; and for the purpose of making such
contracts as aforesaid, the council of such borough, and none
other, shall have power to make the orders required by the said
last-mentioned Act to be made by the justices of the borough at
the borough sessions.
208 APPENDIX.
7 Will. IV. & 1 Vict. c. 78.
An Act to amend cm Act for the Regulation of Municipal Corpora-
tions in England and Wales. — [17th of July, 1837.]
39. Mayor, ttc. , not to be interested in any contract for building,
&c, gaols, &c. — And be it enacted, that it shall not be lawful
for any mayor, alderman, councilman, or other officer of a
corporation to be interested or concerned or employed, directly
or indirectly, as an architect, builder, artist, mechanic, work-
man, merchant, trader, or otherwise howsoever in any part of
the work to be done or materials to be supplied at any such gaol
or house of correction, or in any contract (k) whatever relating
thereto ; and if any one holding such office shall be so inter-
ested, concerned, or employed in such work or contract as
aforesaid, he shall thenceforward be disqualified from continuing
to hold such office, and also from being thereafter elected or
appointed to fill any corporate office within any such city or
borough.
(k) The Act, 5 & 6 Vict. c. 104, explains (s. 1) the meaning- of the word
" contract " as used in this section, and in the Act 5 & 6 Will. IV., c. 76,
s. 28, and declares that the word, in the said respective enactments, shall
not extend or be construed to extend to any lease, sale, or purchase of
any lands, tenements, or hereditaments, or to any agreement for any such
lease, sale, or purchase, or for the loan of money, or to any security for
the payment of money only.
40. Borough gaol may be built beyond the limits of the borough.
— And be it enacted, that it shall be lawful for the mayor,
aldermen, and burgesses of any borough, by their council, to
contract for the purchase of, and to have and hold to them and
their successors, any lands not exceeding in the whole five acres,
either within or beyond the limits of the borough, and to build
thereon a town hall, council house, police office, gaol, or house
of correction for the borough ; and any such gaol or house of
correction, although built beyond the limits of the borough,
may be declared by a resolution of the council, and upon such
resolution shall be taken to be, the gaol or house of correction
of the borough, and shall be within the same jurisdiction, and
shall be governed and regulated in like manner as if within the
limits of the borough .
41. Gaols, dbc, under county jwrisdicUon previous to 6 & 7
Will. IV. c. 103, excluded from the provisions of that Act. — And
whereas by the extension of the boundaries of certain boroughs,
cities, and places, the county gaols, court houses, depots for
militia arms, and other public edifices and offices of counties
7 WILL. IV. & 1 VICT. c. 78. 200
have been included within the boundaries of those cities or
boroughs, and are thereby subject to the jurisdiction of such
cities or boroughs, and of the sheriffs and other municipal autho-
rities thereof ; in remedy whereof be it enacted, that all county
gaols, courts, depots for arms, and all lands, buildings, ease-
ments, and appurtenances thereunto belonging, which before
the passing of the Act passed in the last session of Parliament
to make temporary provisions for the boundaries of certain
boroughs, or the authorized extension of the boundaries of any
borough since the passing of that Act, were in, of, or belonging
to any county, shall be taken to be, and considered, and shall
remain part and parcel of such county, and under the exclusive
jurisdiction of the authorities of such county, as if the said last-
mentioned Act had not passed.
42. Certain borough debtors and prisoners in contempt may be
removed to the county gaol. — And be it enacted, that in every
case in which by virtue of any contract made between the
council of any borough and the justices of any county, riding,
parts, or divisions of a county, liberty, or jurisdiction, according
to the provisions of the said Act for regulating corporations, the
gaol belonging to such county, riding, parts, or division of a
county, liberty, or jurisdiction shall be used as the gaol of such
borough, prisoners for debt or in contempt arrested in any such
borough under any process from any court may be taken and
removed from such borough and confined in that part of such
gaol which is appropriated to debtors, and such removal shall
not be taken to be an escape : provided always, that every such
prisoner shall still be taken to be within the legal custody of the
person or persons in whose custody he would have been if
imprisoned within the borough gaol, and the sheriff of such
county, riding, parts, or division of a county, liberty, or jurist-
diction shall not be answerable for the safe custody of any such
prisoner : provided also, that it shall be lawful for the person
or persons in whose custody such prisoner would have been if
imprisoned within the borough gaol to take such security from
the gaoler or keeper of the gaol to which any such prisoner
shall be so removed, for the safe custody of all such prisoners,
as shall be agreed on between .the council and justices aforesaid.
14
210 APPENDIX.
5 & 6 Vict. c. 98.
An Act to amend the Laws concerning Prisons. —
[10th August, 1842.]
3. Borough councils under 5 cfc 6 W. IV. c. 76 may borrow
money for building prisons, &c. — And be it enacted, that in
every borough in winch there is or shall be a body corporate of
mayor, aldermen, and burgesses, under the provisions of an Act
passed in the sixth year of the reign of His late Majesty, in-
tituled "An Act to provide for the Regulation of Municipal
Corporations in England and Wales," or of any charter granted
in pursuance of that or any subsequent Act, and in which there
shall be a separate court of sessions of the peace, it shall be
lawful for the mayor, aldermen, and burgesses, by their council,
from time to time to take up and borrow any sum of money,
not exceeding the amount of the estimate or estimates approved
by the council, for building or rebuilding, repairing or enlarg-
ing the prison, court-house, and other necessary buildings to be
used with the prison for such borough, according to any plan
approved by one of Her Majesty's principal Secretaries of State,
and for the purchase of land for the purposes of any such prison,
court-house, and other necessary buildings as aforesaid, or for
repaying any moneys which may have been borrowed for any
of the said purposes before the passing of this Act : provided
always, that the whole of the sum borrowed under this Act, and
the interest accruing due from time to time, shall be repaid
within thirty years from the time of borrowing the same.
5. Borough councils may secure repayment of loans by bonds on
mortgages, or make gaol rates, dec. — And be it enacted, that for
securing repayment of the money so advanced, it shall be lawful
for the council to grant bonds under the common seal of the
mayor, aldermen, and burgesses of the borough, or instead of
issuing such bonds to mortgage, with the consent of three or
more Commissioners of Her Majesty's Treasury, any part of the
lands, tenements, and hereditaments of the said body corporate,
the issues, rents, and profits of which, by any law now in force,
are or may be applied towards erecting or maintaining a gaol or
house of correction in their borough, and to repay the money
borrowed, and the interest accruing due thereon, or so much
thereof as the cotnicil shall think fit to charge thereupon, out of
the borough fund or borough rate, but subject and without pre-
judice to any prior claim upon such borough fund, or instead or
in aid thereof it shall be lawful for the council to make gaol
rates, and to secure the repayment of any money so advanced,
with the interest accruing due, or so much as shall be charged
5 & 6 vict. c. 98. 211
thereupon, by mortgage of the borough rates or gaol rates, so
that all the money borrowed, with the interest due thereon,
shall be repaid within the said term of thirty years, or in case
the money shall have been advanced by the Commissioners of
Exchequer Bills, within twenty years ; and every such mortgage
may be by instrument in the form contained in the schedule
annexed to this Act, or in any other suitable form.
6. Gaol rate to be made and raised in the same manner as
borough rate. — And be it enacted, that every gaol rate made for
the purpose of repaying any money advanced by any person or
body corporate for any of the purposes aforesaid, shall be made,
levied, and raised in like manner as the borough rate may be
made, levied, and raised ; and all powers and authorities now
vested in the council, or in overseers of the poor, or persons
appointed by the council to act as such overseers, relating to
the making, levying, and collecting the borough rate, shall be
in full force and effect in relation to the making, levying, and
collecting any such gaol rate.
10. Extending the period for repayment of loans in counties. —
And be it enacted, that when the justices of any county shall
have borrowed any money for building, rebuilding, repairing,
or enlarging any prison, they shall charge the rate to be raised
upon such county, not only with the interest of the money so
borrowed, but also with the payment of such further sum as
will insure the payment of the whole sum borrowed within
thirty years, or if the loan shall have been made by the Com-
missioners appointed for the execution of the Acts authorizing
the issue of Exchequer Bills, within twenty years from the time
of borrowing the same.
15. Gaol and house of correction to be provided for every borough
having separate courts of sessions of the peace, except where there
is a contract for support of prisoners in another prison. — And be
it enacted, that in every such borough as aforesaid to which a
separate court of sessions of the peace hath been or shall here-
after be granted, there shall be one common gaol and at least
one house of correction, (k) excepting those boroughs in which the
mayor, aldermen, and burgesses, by their council, shall have
contracted with the justices of the peace having authority or
jurisdiction in or over any gaol or house of correction of the
county, riding, or division wherein such borough is situated, or
whereunto it is adjacent, or with the mayor, aldermen, and
burgesses of some other borough in which there is a gaol
or house of correction, or with the committee of a district prison,
for the support and maintenance in such last-mentioned gaol
or house of correction, or district prison, respectively, of any
prisoners committed thereunto from such borough ; and during
212 APPENDIX.
the continuance of any such contract, but no longer, the first-
mentioned mayor, aldermen, and burgesses shall not be bound
to maintain any other gaol or house of correction for their
borough ; and it shall be lawful for the mayor, aldermen, and
burgesses of any such borough, by their council, to enter into
such contracts as aforesaid, although at the time of entering
into such contract there may be no gaol or house of correction
belonging to such borough ; and all enactments with respect to
such contracts shall apply as well to those contracts where at
the time of entering into the same there was or is a gaol or
house of correction belonging to the borough, as to those con-
tracts where there was or is no gaol or house of correction
belonging to the borough at the time of entering into the same.
(£) The obligation of any such borough to maintain a prison or house
of correction, or to provide prison accommodation for its prisoners, will
cease on the commencement of The Prison Act, 1877 (see s. 16 of that
Act, ante p. 163).
18. Expense of borough prisoners in county prisons to be paid
by the borough.— And be it enacted, that in every borough to
which a separate court of sessions of the peace hath been or
shall hereafter be granted or purported to be granted, and
where the persons committed for offences arising within such
borough have been or shall hereafter be sent to any prison of
the county in which such borough is situated, and that no
special contract shall be subsisting between such borough and
county relative to the said prisoners, the councd of such
borough shall pay or cause to be ppid to the treasurer of such
prison, or other person appointed by the justices of the peace,
in general or quarter sessions assembled, for the county in
which such prison is situated, the actual expenses heretofore in-
curred, or hereafter to be incurred, in the conveyance, transport,
maintenance, safe custody, and care of every such prisoner, (I)
according to the time for which each such prisoner shall have
been or shall remain in custody there, at the average daily cost
of each prisoner, according to the whole number of prisoners
confined in the said prison, such average to be taken yearly,
half-yearly, quarterly, or at such other intervals as the visiting
justices of the prison shall from time to time determine, includ-
ing in such expenses all salaries of officers, all expenses of
repairs, alterations, additions, and improvements in or to the
said prison, all sums paid to prisoners under any Act of Parlia-
ment on their discharge or otherwise, and any other charge
whatsoever on account of the prisoners confined in such prison ;
subject nevertheless to a proportional share of all deductions on
account of the earnings of prisoners in the said prison, and of
5 & 6 vict. c. 98. 213
all sums of money received in aid of the rates levied for the
maintenance of the said prison.
(?) With regard to the manner in which these expenses are to be paid
on and after the commencement of The Prison Act, 1877, see s. 4 of that
Act, ante p. 150, and s. 57, ante p. 195.
19. Expenses of prosecution of such prisoners, how to be defrayed,
—5 <£ 6 W. IV. c. 76, s. 113.— And be it enacted, that the
expenses heretofore incurred or hereafter to be incurred in the
prosecution of such prisoners as aforesaid at the general or
quarter sessions of the peace uf the county wherein such borough
is situated shall be defrayed by the treasurer of such borough in
such manner as is directed for the payment of the costs of prose-
cutions by an Act passed in the sixth year of the reign of His
late Majesty, intituled "An Act to provide for the Regulation
of Municipal Corporations in England and Wales," out of a rate
to be made, levied, and recovered within the said borough in
the same manner as the rate hereinafter mentioned.
20. Expenses of conveyance and maintenance of such prisoners,
how to be paid.— 5 Geo. IV. c. 85. — And be it enacted, that the
expense heretofore incurred or hereafter to be incurred in the
conveyance, transport, maintenance, safe custody, and care of
such prisoners as aforesaid, shall be paid out of a rate to be
made and levied for that purpose by the council of such borough
in the nature of a borough rate ; and any such rate may be
made and recovered in the same manner as any borough rate
may be made or recovered ; and the amount of all such expenses
of conveyance, transport, maintenance, safe custody, and care
of prisoners as aforesaid shall, in case of dispute, be settled by
such barrister-at-law as shall be determined upon in writing
between the visiting justices of such prison and the council of
such borough ; and in case no appointment of such barrister be
agreed upon by the said parties within the space of fourteen
days next after such dispute shall have arisen, such dispute
shall be decided by the arbitration of a barrister, to be named
as provided in the case of differences with respect to the pay-
ment of moneys under contracts made by authority of an Act
passed in the fifth year of the reign of King George IV., in-
tituled " An Act for amending an Act of the last Session of
Parliament, relating to the Building and Enlarging of certain
Gaols and Houses of Correction, and for procuring Information
as to the State of all other Gaols and Houses of Correction in
England and Wales."
21. An account of such expenses to be rendered to town clerks of
boroughs. — And be it enacted, that an account in writing of the
expenses due and payable, or claimed to be due and payable, in
214 APPENDIX.
respect of the conveyance, transport, maintenance, safe custody,
and care of such prisoners as aforesaid, shall be made out from
time to time, and signed by the clerk to the visiting justices of
the prison to which such prisoners shall be committed, and
delivered to the town clerk of the borough within which the
offences shall have been committed, and such account shall be
conclusive against such borough, unless some objection thereto
shall be made in writing, and signed by the town clerk of such
borough, and delivered to the clerk of the said visiting justices
within one calendar month next after such account shall have
been delivered to such town clerk.
22. Such boroughs to be freed from county rate in respect of such
expenses. — And be it enacted, that every such borough as afore-
said shall be freed from contributing to any rate in the nature
of a county rate made for the county in which such borough is
situated, in respect of the prosecution, conveyance and transport,
maintenance, and safe custody, and care of such prisoners as
aforesaid, so long as such expenses shall be defrayed under the
provisions of this Act.
23. Invalidity of grant of sessions of the peace not to alter-
liability until next county quarter sessions. — And be it enacted,
that in case any grant of a separate court of sessions of the
peace, heretofore or hereafter to be made, or purported to be
made, to any such borough as aforesaid, shall be quashed,
vacated, or adjudged to be invabd, such borough shall, notwith-
standing, continue to be freed from the payment of rates in the
nature of county rates for such county, and liable to the pay-
ment of the costs of the prosecution, conveyance and transport,
maintenance, safe custody, and care of such prisoners as afore-
said, in the manner herein-before provided, up to the time at
which such grant shall have been quashed, vacated, or adjudged
to be invalid, and thenceforth to the time of holding the general
or quarter sessions of the peace at which the next rate in the
nature of a county rate shall be made in respect of the prose-
cution, conveyance and transport, maintenance, safe custody,
and care of prisoners for offences arising within the county
within which such borough is situated, and no longer.
24. Act not to affect the validity of charters, dc. — And be it
enacted, that nothing in this Act contained shall be deemed to
affect any question which has arisen or may hereafter arise
touching the validity of any charter of incorporation or grant of
a separate court of sessions of the peace ; but every rate to be
made or levied as last herein-before provided, and every other
proceeding under the authority of this Act, shall be valid,
whether any such charter or grant is valid or invalid.
31. Sheriffs, <tc, to be liable in damages only for escapes of
5 & 6 vict. c. 98. . 215
debtors, and not to receive poundage, etc. — 7 W. IV. & 1 Vict. c. 55.
— And be it enacted, that if any debtor in execution shall escape
out of legal custody after the passing of this Act, the sheriff, (m)
bailiff, or other person having the custody of such debtor shall
be liable only to an action upon the case for damages sustained
by the person or persons at whose suit such debtor was taken or
imprisoned, and shall not be liable to any action of debt in con-
sequence of such escape ; and that after the first day of March
in the year one thousand eight hundred and forty-three, no
poundage shall be payable to sheriffs, bailiffs, and others, for
taking the body of any person in execution, but there shall be
payable to the sheriff or other person having the return of writs,
upon every such execution against the body, such fees only as
shall be allowed to be taken by sheriffs or other officers con-
cerned in the execution of process under the sanction and
authority of the judges of the courts of common law at West-
minster, pursuant to the statute passed in the first year of the
reign of Her Majesty, intituled " An Act for better regulating
the Fees payable to Sheriffs upon the Execution of Civil
Process."
O) The Prison Act, 1877, declares (s. 31, ante p. 174) that on and after
the commencement of that Act (1st of April, 1878), the sheriff shall not
be liable for the escape of any prisoner.
32. Interpretation of Act. — And be it enacted, that in this Act
the word "county" shall be taken to mean also riding, parts,
division, or hundred ; and the word "prison" shall be taken to
mean also gaol or house of correction.
33. Act to extend to England only. — And be it enacted, that
this Act shall not extend to Scotland or Ireland .
Schedule to which the foregoing Act refers.
Form of mortgage and charge upon the borough rates or gaol rates for
securing money borrowed by the mayor, aldermen, and burgesses of any
borough.
The mayor, aldermen, and burgesses of the borough [town or city] of
by their council, at a special meeting of the said council,
holden on the day of in pursuance of the powers
given by an Act passed in the sixth year of the reign of Her Majesty
Queen Victoria, intituled [insert the title of this Act], do hereby mortgage
ajid charge all the rates to be raised within the said borough [town or
city] under the description of borough [or gaol] rates, with the payment
of which G. II. of hath agreed to lend, and hath
now actually paid towards defraying the expenses of building [or rebuild-
ing, repairing, or enlarging, as the case may be], the gaol [or house of
216 APPENDIX.
correction, court house, or other necessary buildings, as the case may be\, for
the said borough [town or city] ; and do hereby, by the council aforesaid,
confirm the same unto the said G. H., his executors, administrators, and
assigns, for securing payment of and interest for the same, after
the yearly rate of by the hundred ; and do order the treasurer
for the sa'id borough [town or city] to pay the interest of the said
half-yearly as the same shall become due, until the principal shall be
discharged, pursuant to the directions of the said Act.
Given under the common seal of the borough [town or city] this
day of in the year
17 & 18 Vict. c. 315.
An Act to amend the Law relative to the Removal of Prisoners
in Custody. — [11th August, 1854.]
Whereas by the several Acts of Parliament made and passed
for regulating gaols and houses of correction in England, Wales,
and Ireland, and for the better ordering of prisoners, provision
is made for the custody and treatment of debtors as one of the
classes of prisoners to be confined therein : and whereas in some
counties prisoners for debt and for contempt of court are con-
fined in separate prisons, not being gaols within the meaning of
the said Acts for regulating gaols and houses of correction, and
for better ordering of prisons, and doubts have arisen whether
such prisoners for debt and contempt of court may be lawfully
removed to and confined in such last-mentioned gaols, and it is
expedient that such doitbts should be removed, and that the
power given by law for the removal of prisoners in custody
should be enlarged and rendered more generally applicable : Be
it therefore 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 :
1. If common gaol be adapted for reception of debtors as a
class, they may be removed thereto.— Prom and after the passing
of this Act, when the common gaol for any county in England,
Wales, or Ireland shall be adapted for debtors as a class of
prisoners to be confined therein, it shall be lawful for the sheriff
of such county, or any other person having custody of persons
for debt within any county, to remove to such common gaol all
prisoners in his custody for debt or contempt of court from any
prison in which they may be confined, and such common gaol
shall be deemed the legal place of custody for such debtors, and
no such removal shall be deemed or taken to be an escape.
2. No such removal to take place till after certificate by in-
spector of prisons. — Provided always, that no such removal
shall take place until one of Her Majesty's Inspectors of Prisons,
17 & 18 vict. c. 115. 217
acting for the county in which such common gaol is situate, on
the application of Her Majesty's justices of the peace for such
county in quarter sessions assembled, shall have signed and
transmitted to the clerk of the peace of the said county a certifi-
cate in the form or to the effect in the schedule to this Act
annexed, nor until one of Her Majesty's principal Secretaries of
State or the chief Secretary for Ireland shall, by warrant under
his hand, direct and authorize such removal.
3. After such removal debtors may be sent to such gaol. —
From and after such removal as aforesaid, it shall be lawful for
the sheriff of the county to send to and confine in such common
gaol all future prisoners for debt or for contempt of court, which
common gaol shall be deemed the legal place for their confine-
ment, any local Act or usage to the contrary notwithstanding.
4. Where governor of common gaol appointed by other autho-
rity than sheriff, it shall be lawful for him to give security. —
And whereas in some counties in England and Wales the keeper
or governor of the common gaol is by usage or under some legal
authority appointed by the justices in quarter sessions assembled,
and in Ireland by boards of superintendence, and not by the
sheriff' : Be it enacted, that in all cases in which the keeper of
any common gaol (in which debtors are or under this Act may
be confined) shall be appointed by any authority other than
that of the sheriff', it shall and may be lawful for the keeper so
appointed to give security by bond or otherwise to the sheriff
for the time being for the safe keeping of all such debtors as
may be placed in his custody, and such bond or other security
may be made and given to such sheriff' for the time being, and
shall and may be prosecuted by such sheriff in case of default of
such keeper.
5. Sheriff not relieved from present obligations. — Provided
nevertheless, that, except as aforesaid, nothing herein contained
shall tend to relieve the sheriff of any county from the duty of
keeping the common gaol in the same manner as is now by law
required from him.
6. Present powers for disposing of unnecessary prisons not
disturbed. — All the powers and provisions of the several Acts of
Parliament in force authorizing the disposal of unnecessary
prisons shall and may be exercised and applied for the sale and
disposition of any prison rendered unnecessary by this Act
having been carried into effect in any county, in the same man-
ner as if such last-mentioned prison were a gaol or prison within
the words or meaning of the said several Acts of Parliament, or
any of them.
7. Allowances to keepers of gaols to be continued where super-
seded by this Act. — Whereas by the Act 55 Geo. III. c. 50, s. 2, the
218 APPENDIX.
justices of the peace in quarter sessions are authorized to make
allowances to certain gaolers by way of compensation for fees
abolished by that Act : and whereas by the Act 7 & 8 Vict. c. 96,
s. 70, it is enacted, that every keeper or other officer of any
debtors' pi'ison whose emoluments should be diminished by that
Act might make claim for compensation, and the Commissioners
of Her Majesty's Treasury were thereby authorized to award
a gross or yearly sum in respect thereof : Be it enacted, that the
justices of the peace assembled in quarter sessions may order
and direct that the allowance (or such part thereof as they may
think fit) hitherto made to the keeper of any gaol which may
become unnecessary by virtue of the provisions of this Act may
be continued for and during the life of such keeper, and the
Commissioners of Her Majesty's Treasury may continue the
allowance (or such part thereof as they may think fit) hitherto
made to the keeper of any such gaol for and during the life of
such keeper.
SCHEDULE.
Form of Certificate.
I hereby certify, that I have inspected the new common gaol [or the
alterations and additions made to the common gaol] of the county of
and particularly that portion of the building which it is
proposed to appropriate for the custody of debtors ; and I further certify
that the same is in a fit and proper state for the reception of such
prisoners as are or maybe confined in prison for debt or contempt of
court within the jurisdiction of the sheriff of the said county.
21 & 22 Vict. c. 92.
An Act to provide, for the Conveyance of County Property to the
Clerk of the Peace of the County. — [2nd August, 1858.]
Whereas by divers Acts of Parliament Her Majesty's justices
of the peace for the several counties in England and Wales, in
general or quarter sessions assembled, are authorized and em-
powered to purchase and hire lands, tenements, and heredita-
ments for certain public works and purposes within such counties,
and they are also authorized and empowered to make and enter
into contracts in relation to such public works and purposes, and
for other purposes within their jurisdiction as justices of the
peace ; but no provision is made for the manner in which such
purchases, hirings, and contracts are to be carried into effect :
for remedy whereof 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 Parlia-
ment assembled, and by the authority of the same, as follows :
21 & 22 vict. c. 92. 219
1. Justices of the peace may order conveyances or grants of
land, die, to be made to the clerk of the peace, dec. — In. all cases
where by any Act or Acts of Parliament justices of the peace of
any county or division of a county now are or may be hereafter
authorized to purchase or to take on hire, for any of the public
uses or purposes of such county, any lands, tenements, and
hereditaments, it shall be lawful for such justices of the peace,
if they shall think fit, to order and direct that the conveyance or
grant thereof shall and may be made and taken to and in the
name of the clerk of the peace for the time being of such county,
and his successors upon trust for such public uses and purposes ;
and such conveyance or grant, when so made, shall be valid and
effectual in the law, and shall vest such lands, tenements, and
hereditaments in such clerk of the peace and his successors, upon
trust for the purposes for which the same were purchased and
granted and conveyed, and be by him and them held for the public
uses and purposes aforesaid, or otherwise be by him and them
sold, conveyed, and disposed of in such manner as the justices
of the peace for the time being of such county or division of a
county in general or quarter sessions assembled may from time
to time order and direct.
2. Contracts and agreements may be entered into in the name of
the clerk of the peace, dbc. — Except where otherwise specially
provided for by any Act or Acts of Parliament, all contracts and
agreements to be made and entered into by the justices of the
peace of any county or division of county for any of the public
uses or purposes of such county shall and may, by the order of
such justices, if they shall think lit, be made and entered into
on their behalf by and in the name of the clerk of the peace for
the time being of such county or division of county ; and all
such contracts and agreements shall and may be enforced and
sued upon by or against the clerk of the peace for the time being
of such county or division of county ; and no action, suit, or
proceeding shall abate or be discontinued by the death, resigna-
tion, or removal of such clerk of the peace, but the clerk of the
peace for the time being shall always be deemed the plaintiff or
defendant, as the case may be ; and all costs, charges, damages,
and expenses which such clerk of the peace may incur or pay, or
be liable to pay by reason of such action, suit, or proceeding,
shall be reimbursed to him or paid, by order of the said justices
of the peace, by the treasurer of the county or division of the
county out of the county rates raised or to be raised within such
county or division of county.
3. Lands, die , to be vested in the clerk of the peace, ct-c. — Except
where otherwise specially provided by any Act or Acts of Parlia-
ment, on the resolution of the general or general quarter sessions
220 APPENDIX.
to that effect, all lands, tenements, and hereditaments which
shall have been heretofore purchased or hired by the justices of
the peace of any county or division of a county under the
authority of any Act or Acts of Parliament, for any of the public
uses and purposes of such county or division of county, and
granted or conveyed to any person or persons in trust for or on
behalf of the said justices, and which now remain applicable to
such uses and purposes, shall, from and immediately after the
passing of this Act, notwithstanding such grant or conveyance,
become and be absolutely vested in the clerk of the peace for
such county or division of county and his successors upon the
trusts and for the uses and purposes in the grant or conveyance
thereof respectively declared ; and the same lands, tenements,
and hereditaments shall be at all times hereafter held, used, and
managed, or, when so ordered by the said justices, sold, con-
veyed, and disposed of, by the clerk of the peace for the time
being of such county or division of county, according to the
orders and directions of the said justices of the peace from time
to time in general or quarter sessions assembled ; and every sale
and conveyance so made and executed by the clerk of the peace
for the time being shall be valid in the law, and effectually vest
the lands and hereditaments thereby conveyed in the purchaser
or purchasers thereof.
4. Grants and convt ycmces to be valid, though not enrolled. — All
grants and conveyances of any lands, tenements, and heredita-
ments heretofore made or hereafter to be made, under any of
the Acts herein-before referred to, to or in trust for the said
justices, for any of the public uses and purposes of such
counties or divisions of counties, shall be valid and effectual
to all intents and purposes, notwithstanding the same grants
and conveyances may not have been or be enrolled, any law,
statute, or usage to the contrary notwithstanding.
25 & 26 Vict. c. 44.
An Act to Amend the Law relating to the giving of Aid to
Discharged Prisoners. — [17th July, 1862.]
4 Geo. IV. c. 64 (1823). — Whereas by the thirty-ninth section
of an Act passed in the session holden in the fourth year of
King George IV., chapter sixty-four, (n) intituled " 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," and hereinafter referred
to as the Gaol Act, it is provided that it should be lawful for
any one or more of the visiting justices of any prison to which
25 & 26 vict. c. 44. 221
that Act extended, from whence any prisoner should be dis-
charged, to direct that such moderate sum of money should be
given and paid to any and every such prisoner so discharged,
who should not have the means of returning to his or her
family or place of settlement, or resorting to any place of
employment or honest occupation, as in the judgment of such
justice or justices should be requisite and necessary for such
purpose, under all the circumstances attending the case of any
such prisoner ; and that such sum of money should be paid by
the keeper of such prison, to or for the use of such prisoner for
the purpose aforesaid, and that all such sums should be pro-
vided for, either out of such bequests or benefactions as therein
mentioned, or in such manner as is by the Gaol Act directed
with respect to the expense of the support and maintenance of
the prisoners in the prisons to which such Act extends : and
whereas divers societies, hereinafter referred to as Discharged
Prisoners Aid Societies, have been formed in divers parts of
England, by persons subscribing voluntarily, for the purpose of
finding employment for discharged prisoners, and enabling them
by loans and grants of money to live by honest labour : and
whereas it is expedient that power should be given to the
visiting justices of prisons to give aid under the said Act to
discharged prisoners through the medium of a Discharged
Prisoners Aid Society, in cases where such society has been
previously certified by the justices having jurisdiction over such
gaol or house of correction, at some court of general or quarter
sessions, or at some quarterly sessions held by them, to be a
society approved of by them : 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 :
1. Power to justices to grant certificates of approval of Prisoners
Aid Societies; and to revoke or suspend the same. — The justices
having jurisdiction over any gaol or house of correction to which
the Gaol Act (o) extends may, at any court of general or quarter
sessions, or at any quarterly sessions, upon the application of
anyone or more member or members ^f a Prisoners Aid Society,
and after examining the rules of such society, and receiving
such evidence as they think fit as to the condition of such
society, issue a certificate under the hand of their chairman, to
the effect that such society is approved of by them for the pur-
poses of this Act ; and they may, at any future court of general
or quarter sessions, or at any future quarterly sessions, upon
due cause shown, by a writing under the hand of their chairman,
revoke or suspend such certificate .; and any society in respect of
222 APPENDIX.
which such certificate as aforesaid has been granted and remains
in force shall be deemed to be a certified Prisoners Aid Society,
and to be entitled to such privileges as are hereinafter mentioned.
O) The Act, 4 Geo. IV. c. 64, was repealed by The Prison Act, 1865.
See s. 73 of that Act, ante p. 100, and Schedule III., ante p. 142. As to
the giving of aid to discharged prisoners, see now, The Prison Act, 1865,
ss. 42, 43, ante pp. 89, 90, and The Prison Act, 1877, s. 29, ante p. 173.
(o) The expression the " Gaol Act " is now to mean The Prison Act,
1865. See s. 77 of that Act, ante p. 107.
26 & 27 Vict. c. 79.
An Act for the Amendment of the Law relating to the Religious
Instruction of Prisoners in County and Borough Prisons in
England and Scotland. — [28th Juhj, 1863.]
Whereas it is expedient to amend the law relating to prisons
in England and Scotland with respect to the religious instruction
of the prisoners confined therein : 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 :
1. Short title.— This Act may be cited for all purposes as
" The Prison Ministers Act, 1863,"
2. Act to apply to all gaols, <ix.— This Act shall apply in
England to all gaols, prisons, and houses of correction (herein-
after included under the term ' ' prisons ") that are maintained
at the expense of any county, riding, division, or liberty of a
county, or of any county of a city, county of a town or borough ;
and in Scotland to all local prisons as defined by " The Prisons
(Scotland) Administration Act, 1860."
3. Power to appoint additional ministers to prisons (p). — Where
the number of prisoners confined in any prison to which this
Act applies, and belonging to some Church or religious persuasion
differing, if in England, from the Church of England, and if in
Scotland, from the Church of Scotland, is so great as, in the
opinion of the justices, county board, or other persons having
the appointment of chaplain in the said prison, to recpiire the
ministrations of a minister of their own Church or persuasion,
the said justices, county board, or other persons may appoint a
minister of such last-mentioned Church or persuasion to attend
at the said prison on the prisoners of his own Church or per-
suasion, and they may, if they think fit, award to him a reason-
able sum as a recompence for his services, such sum to be
deemed a part of the expenses of the prison to which he is
29 & 30 vict. c. 100. 223
appointed, and to be paid out of the funds legally applicable to
the payment of such expenses.
Regulation as to admission of ministers. — The visiting justices
of any prison may, if they think fit, without a special request
being made by, but not against the will of, any prisoner of
a Church or religious persuasion differing from that of the
Established Church, permit a minister of the Church or per-
suasion to which such prisoner belongs (if no appointment of
such minister has been made under this Act) to visit such
prisoner at proper and reasonable times, under such restrictions
imposed by them as may guard against the introduction of
improper persons, and may prevent improper communications ;
provided that any prisoner shall, on request, be allowed, subject
to the rules of the gaol, to attend the chapel or to be visited by
the chaplain of the gaol. Every minister appointed or permitted
to visit prisoners under this Act shall hold his appointment or
permission to visit during the pleasure of the authority by whom
he was appointed or permitted to visit, and shall conform in all
respects to the regulations of the prison which he attends. No
minister shall be appointed under this Act for any prison in
which there is not a chaplain of the Established Church.
(p) So much of this section as is inconsistent with the provisions of
The Prison Act, 1865, is repealed by that Act, so far as relates to prisons
to which the Act applies. See s. 73, ante p. 106, and Schedule III., ante
p. 144. As to the giving religious instruction to prisoners of a religious
persuasion differing from that of the Established Church, see the 46th and
47th Prison Regulations, ante pp. 124, 125.
4. Keepers of prisons to register religion of prisoners. — The
keeper or other person performing the duties of keeper of a
prison on receiving into his custody any prisoner shall enter his
name in a book to be provided for the purpose, with the addi-
tion of the Church or religious persuasion to which the prisoner
shall declare himself to belong, and the said keeper or other
person shall from time to time give to any minister appointed
or permitted to visit prisoners in the prison a list of the prisoners
so declared to belong to the Church or persuasion of such minister,
and no such minister shall be permitted to attend or visit any
prisoner belonging to any religious persuasion differing from
that to which such minister belongs.
29 & 30 Vict. c. 100.
An Act for the Amendment of the Laws relating to Prisons. —
[10th August, I860.]
Whereas, in pursuance of the Act passed in the session holden
in the third and fourth years of the reign of His late Majesty
224 APPENDIX.
King William IV., chapter seventy-one, intituled "An Act for
the Appointment of convenient Places for the holding of Assizes
in England and Wales," orders of Her Majesty in Council have
been made changing the places at which assizes may be held,
and with a view to such changes requiring the prisoners of
certain prison authorities to be removed to prisons beyond the
jurisdiction of such authorities : and whereas difficulties have
arisen in relation to the maintenance of the prisoners so removed :
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 :
1. As to maintenance of prisoners removed out of the juris-
diction of the authorities liable to maintain them. — Where, in
pursuance of any orders of Her Majesty in Council, prisoners
committed for offences arising within the jurisdiction of one
prison authority hereinafter referred to as "the sending
authority " may hereafter be committed or sent to the prison
of another prison authority hereinafter referred to as "the
receiving authority," then, if and so long as no contract with
respect to the maintenance of such prisoners exists, all expenses
that may hereafter be incurred by the recei ?ing authority in the
conveyance, maintenance, or care of the prisoners of the send-
ing authority, or otherwise by reason of such prisoners having
been committed or sent to the prison of the receiving authority,
ncluding a due proportion of the salaries of officers, and the
expense of repairing, adding to, or altering the prison, shall be
deemed to be a debt due from the sending authority to the re-
ceiving authority, and shall be payable out of the same rate or
funds out of which the expenses of maintaining the prisoners of
the sending authority are by law payable.
2. Dispute as to amount to be determined by arbitration. —
Any dispute as to the amount of expenses payable by the send-
ing authority to the receiving authority in pursuance of this Act
shall be deemed to be a difference authorized by The Prisons Act,
18G5, to be settled by arbitration, and the provisions of -the said
Act shall apply accordingly.
3. Time of payment of expenses by Sending Authority to
Receiving Authority. — Payment by the sending authority to the
receiving authority of any expenses incurred after the passing of
this Act shall be made half-yearly, or at such other times as may
be determined by the said authorities ; and any moneys not paid
at the time appointed for the payment thereof shall bear interest
at the rate of four per centum per annum from such time until
the time of the payment thereof.
4. As to custody of prisoners in custody of Receiving Authority.
31 vict. c. 21. 225
The prison of the receiving authority shall, for all the purposes
of and incidental to the commitment, trial, detention, and punish-
ment of the prisoners of the sending authority, be deemed to
have been and to be the prison of the sending authority, except
that the sending authority shall have no right to interfere in
the management of the prison of the receiving authority, and
that the prisoners of the sending authority shall be in the
legal custody of the gaoler of the prison of the receiving
authority, and shall, as respects prison discipline, be in all
respects subject to the jurisdiction of the receiving authority.
5. Construction of Act. — This Act may be cited for all pur-
poses as The Prisons Act, 1866, and shall, so far as is consistent
with the tenor thereof, be construed as one with The Prisons
Act, 1865.
31 Vict. c. 21.
An Act to provide Compensation to Officers of certain
discontinued Prisons. — [29th of May 1808.]
Whereas by The Prison Act, 1865, certain prisons mentioned
in the second schedule to the said Act are directed to be dis-
continued : and whereas by the seventy-second section of the
said Act the justices in sessions assembled are empowered to
award compensation to any person deprived of any salary or
emolument by the discontinuance of any of the said prisons :
and whereas it is expedient to extend the power of awarding
compensation to all cases in which prisons are discontinued :
Be it enacted by the Queen's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Tem-
poral, and Commons, in this present Parliament assembled, and
by the authority of the same, as follows :
1. Short title. — Tins Act may be cited for all purposes as The
Prison Officers Compensation Act, 1868.
2. Construction of Act. — This Act shall be construed as one
with The Prisons Act, 1865.
3. Compensation to officers of all discontinued prisons. — The
justices in sessions assembled having jurisdiction over any such
discontinued prison as is hereinafter mentioned may allow such
compensation or superannuation allowance as they think fit to
any person who, by reason of the discontinuance of such prison,
is deprived of any salary or emolument, so that no such com-
pensation or superannuation allowance exceed the proportion of
the salary or emolument which might be granted under similar
circumstances to a person in the civil service under the Acts for
regulating such compensations or superannuation allowances for
the time being in force ; and any compensation or superannua-
15
22G APPENDIX.
tion allowance so allowed shall be paid out of any rates or pro-
perty applicable to the payment of the salaries of the officers of
such prison before the discontinuance thereof, subject to this
proviso, that when the power to levy such rates or such property
is vested in a different body from the justices, the consent of
such last-mentioned body shall be obtained to the amount of
compensation or superannuation allowance allowed.
" Discontinued Prison " shall for the purposes of this section
mean any prison other than the prisons specified in the second
schedule to the said Prisons Act which has ceased to be used as
a prison since the date of the passing of the said Prisons Act,
1865, or which may hereafter cease to be used as a prison.
4. As to expression "justices in sessions assembled." — The
expression " justices in sessions assembled " shall in this Act
mean as follows ; that is to say,
1. As respects any prison belonging to any county, except as
hereinafter mentioned, or to any riding, division, hun-
dred, or liberty of a county, having a separate court of
quarter sessions, the justices in quarter sessions as-
sembled :
2. As respects any prison belonging to any county divided
into ridings or divisions, and maintained at the common
expense of such ridings or divisions, the justices of the
county assembled 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 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. As respects any prison belonging to any city, district,
borough, or town having a separate prison jurisdiction,
and not herein-before mentioned, the justices or other
persons having power at law to make rides for the govern-
ment of such prison.
31 Vict. c. 24.
An Act to provide for carrying out of Capital Punishment
within Prisons.— [29th of May, 1868.]
"Whereas it is expedient that capital punishments should be
carried into effect within prisons : 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
31 vict. c. 24. 227
Parliament assembled, and by the authority of the same, as
follows :
1. Short title. — This Act may be cited for all purposes as " The
Capital Punishment Amendment Act, 18G8."
2. Judgment of death to be executed within walls of prison. —
Judgment of death to be executed on any prisoner sentenced
after the passing of this Act on any indictment or inquisition
for murder shall be carried into effect within the walls of the
prison in which the offender is confined at the time of execu-
tion.
3. Sheriff, dsc, to be present. — The sheriff charged with the
execution, and the gaoler, chaplain, and surgeon of the prison,
and such other officers of the prison as the sheriff requires, shall
be present at the execution.
Any justice of the peace for the county, borough, or other
jurisdiction to which the prison belongs, and such relatives of
the prisoner or other persons as it seems to the sheriff or the
visiting justices of the prison proper to admit within the prison
for the purpose, may also be present at the execution.
4. Surgeon to certify death ; and declaration to be signed by
sheriff, <&c. — As soon as may be after judgment of death has
been executed on the offender, the surgeon of the prison shall
examine the body of the offender, and shall ascertain the fact of
death, and shall sign a certificate thereof, and deliver the same
to the sheriff.
The sheriff and the gaoler and chaplain of the prison, and
such justices and other persons present (if any) as the sheriff
requires or allows, shall also sign a declaration to the effect that
judgment of death has been executed on the offender.
5. Coroner's inquest on body. — The coroner of the jurisdiction
to which the prison belongs wherein judgment of death is exe-
cuted on any offender shall within twenty-four hours after the
execution hold an inquest on the body of the offender, and the
jury at the inquest shall inquire into and ascertain the identity
of the body, and whether judgment of death was didy executed
on the offender ; and the inquisition shall be in duplicate, and
one of the originals shall be delivered to the sheriff.
No officer of the prison or prisoner confined therein shall in
any case be a juror on the inquest.
6. Bwrial of body. — The body of every offender executed shall
be buried within the walls of the prison within which judgment
of death is executed on him : provided that if one of Her
Majesty's principal Secretaries of State is satisfied, on the repre-
sentation of the visiting justices of a prison, that there is not
convenient space within the walls thereof for the burial of
offenders executed therein, he may, by writing under his hand,
228 APPENDIX.
appoint some other fit place for that purpose, and the same shall
be used accordingly.
7. Power to Secretary of State to make rules, &C, to be observed
on execution of judgment of death. — One of Her Majesty's prin-
cipal Secretaries of State shall from time to time make such rules
and regulations to be observed on the execution of judgment
of death in every prison as he may from time to time deem
expedient for the purpose, as well of guarding against any abuse
in such execution, as also of giving greater solemnity to the
same, and of making known without the prison walls the fact
that such execution is taking place. (q)
(q) The following are the rules made by the Secretary of State, in pur-
suance of the provisions of this section, for regulating the execution of
capital sentences : —
1. For the sake of uniformity it is recommended that executions should
take place at the hour of 8 a.m. on the first Monday after the
intervention of three Sundays from the day on which sentence is
passed.
2. The mode of execution, and the ceremonial attending it, to be the
same as heretofore in use.
3. A black flag to be hoisted at the moment of execution, upon a staff
placed on an elevated and conspicuous part of the prison, and to
remain displayed for one hour.
4. The bell of the prison, or if arrangements can be made for that pur-
pose , the bell of the parish or other neighbouring church, to be
tolled for fifteen minutes before and fifteen minutes after the
execution.
8. Such rides to be laid before Parliament. — All such rules and
regulations shall be laid upon the tables of both Houses of Parlia-
ment within six weeks after the making thereof, or if Parliament
be not then sitting, within fourteen days after the next meeting
thereof.
9. Penalty for signing false certificate, d'c. — If any person
knowingly and wilfully signs any false certificate or declaration
required by this Act, he shall be guilty of a misdemeanor, and
on conviction thereof shall be liable, at the discretion of the
court, to imprisonment for any term not exceeding two years,
with or without hard labour, and with or without solitary con-
finement.
10. Certificate, d-c, to be sent to Secretary of State, and ex-
hibited on or near entrance to prison. — Every certificate and
declaration and the duplicate of the inquisition required by this
Act shall in each case be sent with all convenient speed by the
sheriff to one of Her Majesty's principal Secretaries of State,
and printed copies of the same several instruments shall as soon
as possible be exhibited and shall for twenty-four hours at least
31 vict. c. 21. 229
be kept exhibited on or near the principal entrance of the prison
within which judgment of death is executed.
11. Provisions as to duties and powers of Sheriff, d-c, extended.
— The duties and powers by this Act imposed on or vested in
the sheriff may be performed by and shall be vested in his under-
sheriff or other lawful deputy acting in his absence and with his
authority, and any other officer charged in any case with the
execution of judgment of death.
The duties and powers by this Act imposed on or vested in
the gaoler of the prison may be performed by and shall be
vested in the deputy gaoler (if any) acting in his absence and
with his authority, and (if there is no officer of the prison called
the gaoler) by the governor, keeper, or other chief officer of the
prison and his deputy (if any) acting as aforesaid.
The duties and powers by this Act imposed on or vested in the
surgeon may be performed by and shall be vested in the chief
medical officer of the prison (if there is no officer of the prison
called the surgeon).
The duties by this Act imposed on the chaplain may, in the
event of the absence of the chaplain, be performed by the
assistant-chaplain or other person acting in place of the chaplain.
12. Forms in Schedule. — The forms given in the schedule to
this Act, with such variations or additions as circumstances re-
quire, shall be used for the respective purposes in that schedule
indicated, and according to the directions therein contained.
%* Sections 13 and 14 are omitted here, as applying, respectively, to
Scotland and Ireland only.
15. Saving clause as to legality of execution. — The omission
to comply with any provision of this Act shall not make the
execution of judgment of death illegal in any case where such
execution would otherwise have been legal.
16. General saving. — Except in so far as is hereby otherwise
provided, judgment of death shall be carried into effect in the
same manner as if this Act had not passed.
The Schedule.
Certificate of Surgeon.
I, A.B., the Burgeon [or as the case may be] of the [describe Prison],
hereby certify that I this day examined the body of CD., on whom judg-
ment of death was this day executed in the [describe same Prison]; and
that on that examination I found that the said CD. was dead.
Dated this Day of
(Signed) A.B.
230 APPENDIX.
Declaration of Sheriff and others.
We, the undersigned, hereby declare that judgment of death was this
day executed on CD. iu the [describe Prison] in our presence.
Dated this Day of
(Signed) E.F., Sheriff of
L.M., Justice of the Peace for
G.H., Gaoler of
J. A'., Chaplain of
$c. 4c.
32 & 33 Vict. c. 71.
An Act to consolidate and amend the Law of Bankruptcy. —
[9th of August, 1869.]
77. Commitment to prison. — Where any Court having juris-
diction in bankruptcy under this Act commits any person to
prison, the commitment may be to such convenient prison as
the Court thinks expedient ; and if the gaoler of any prison re-
fuses to receive any prisoner so committed, he shall be liable for
every such refusal to a penalty not exceeding one hundred pounds.
34 & 35 Vict. c. 112.
An Act for the more effectual Prevention of Crime. —
[2\st of August, 1871.]
Whereas it is expedient to make further provision for the
effectual prevention of crime : 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 :
Preliminary.
1. Sfwrt title. — This Act may be cited as "The Prevention of
Crimes Act, 1871."
2. Commencement of Act. — This Act shall not come into opera-
tion until the second day of November one thousand eight
hundred and seventy-one.
6. Register and photographing of criminals. — The following
enactments si 1 . all be made with a view to facilitate the identi-
fication of criminals :
1. Registers of all persons convicted of crime (r) in the United
Kingdom shall be kept in such form and containing such
particulars as may from time to time be prescribed, in
Great Britain by one of Her Majesty's principal Secre-
taries of State, (s) and in Ireland by the Lord Lieutenant :
34 & 35 vict. c. 112. 231
2. The register for England shall be kept in London under
the management of the commissioner of police of the
metropolis, or such other person as the Secretary of
State may appoint :
3. The register for Scotland shall be kept in Edinburgh
under the management of the secretary to the managers
of the General Prison at Perth, or such other person as
the Secretary of State may appoint :
4. The register for Ireland shall be kept in Dublin under
the management of the commissioners of police for the
police district of Dublin metropolis, or such other person
as the Lord Lieutenant may from time to time appoint :
5. In every prison, the gaoler or other governor of the
prison shall make returns of the persons convicted of
crime and coming within his custody ; and such returns
shall be in such form or forms and contain such parti-
culars in Great Britain as the Secretary of State, and in
Ireland as the said Lord Lieutenant, may require ; and
every gaoler or other governor of a prison who refuses or
neglects to transmit such returns, or wilfully transmits
a retiirn containing any false or imperfect statement,
shall for every such offence forfeit a sum not exceeding
twenty pounds, to be recovered summarily :
C. In Great Britain the Secretary of State, and in Ireland
the said Lord Lieutenant, may make regulations (s) as to
the photographing of all prisoners convicted of crime who
may for the time being be confined in any prison in
Great Britain or Ireland, and may in such regulations
prescribe the time or times at which and the manner and
dress in which such prisoners are to be taken, and the
number of photographs of each prisoner to be printed,
and the persons to whom such photographs are to be
sent :
7. Any regulations made by the Secretary of State as to the
photographing of prisoners in any prison in England shall
be deemed to be regulations for the government of that
prison, and binding on all persons, in the same manner
as if they were contained in the first schedule annexed to
The Prison Act, 1865 :
8. Any regulations made by the Secretary of State as to
the photographing of prisoners in any prison in Scotland
shall be deemed to be rules for prisons in Scotland, and
as such shall be binding on all whom they may concern,
in the same manner as if the same were made under and
in virtue of the powers contained in " The Prisons
(Scotland) Administration Act, 1860 : "
232 APPENDIX.
9. Any regulations made by the Lord Lieutenant as to the
photographing of prisoners in any prison in Ireland shall
be deemed to be byelaws duly made by the Lord Lieu-
tenant, and shall be binding on all persons, in the same
manner as if the same were made under the authority
of the Act passed in the session holden in the nineteenth
and twentieth years of the reign of Her present Majesty,
chapter sixty-eight :
10. Any prisoner refusing to obey any regulations made in
pursuance of this section shall be deemed guilty of an
offence against prison discipline, in England within the
meaning of the fifty-seventh regulation in the first schedule
annexed to the said Prison Act, 1865, in Scotland within
the meaning of the rules for prisons in Scotland, certified
under the hand of one of Her Majesty's principal Secre-
taries of State, under and by virtue of " The Prisons
(Scotland) Administration Act, 1860," and in Ireland
within the meaning of the fifteenth regulation contained
in section one hundred and nine of the Act passed in
the seventh year of the reign of His late Majesty King
George the Fourth, chapter seventy-four :
11. Any authority having power to make regulations in
pursuance of this section may from time to time modify,
repeal, or add to any regulations so made :
12. Any expenses incurred in pursuance of this section shall
be defrayed as follows ; (that is to say,)
The expense of keeping the register in London,
Edinburgh, and Dublin shall, to such amount as may
be sanctioned by the Treasury, be paid out of moneys
provided by Parliament :
The expenses incurred in photographing the prisoners
in any prison shall be deemed to be part of the expenses
incurred in the maintenance of the prison, and shall be
defrayed accordingly .
This section shall not apply to the prisons for convicts under
the superintendence of the directors of convict prisons or to any
military or naval prison.
(r) The provisions of this Act with regard to the registering and
photographing of criminals have been amended by the Act 39 & 40 Vict.
c. 23, see post, p. 233. The 20th section of the Act declares that the ex-
pression " crime " shall mean, in England, any felony, or the offence of
uttering false or counterfeit coin, or of possessing counterfeit gold or
silver coin, or the offence of obtaining goods or money by false pretences,
or the offence of conspiracy to defraud, or any misdemeanor under the
58th section of the Act 24 ifc 25 Yict. c. 9fi, which declares that " who-
soever shall be found by night armed with any dangerous or offensive
weapon or instrument whatsoever, with intent to break or enter into any
39 & 40 vict. c. 23. 233
dwelling-house or other building whatsoever, and to commit any felony
therein, or shall be found by night having in his possession without law-
ful excuse (the proof of which excuse shall lie on such person) any pick-
lock, key, crow, jack, bit, or other implement of housebreaking, or shall
be found by night having his face blackened or otherwise disguised with
intent to commit any felony, or shall be found by night in any dwelling-
house or other building whatsoever with intent to commit any felony
therein, shall be guilty of a misdemeanour ; " and that the expression
" offence " shall mean any act or omission which is not a crime as
defined by the Act, and is punishable on indictment or summary
conviction.
(s) The regulations made by the Secretary of State with regard to
registering and photographing criminals will be found in Note (i), below.
39 & 40 Vict. c. 23.
An Act to amend the Prevention of Crimes Act, 1871. —
[13th of July, 1876.]
Whereas by the Prevention of Crimes Act, 1871, all persons
convicted of crime in the United Kingdom are required to be
registered and photographed, and unnecessary expense is there-
by incurred : Be it therefore 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 :
1. Short title of Act. — This Act may be cited for all purposes
as the Prevention of Crimes Amendment Act, 1876.
2. Restriction on obligation to register and photograph crimi-
nals. — In Great Britain the Secretary of State, and in Ire-
land the Lord Lieutenant, may from time to time by order (t)
prescribe the class or classes of prisoners to which the enactments
of The Prevention of Crimes Act, 1871, relating to registry and
photographing are for the time being to apply ; and such enact-
ments shall, so long as any such orders are in force, be deemed
to apply to the prescribed class or classes of prisoners only, and
not to all persons convicted of crime.
(7) The following regulations were made on the 15th of March, 1877,
by the Secretary of State, in pursuance of the provisions of this Act and
of The Prevention of Crimes Act, 1871 : —
1. The regulations, dated 28th October, 1871, as to periodical returns
to be made by the governors of gaols to the registrar of criminals,
and as to the photographing of persons convicted of crime, and
also the Supplementary Regulations as regards the photographing
of prisoners of the 15th of March, 1872, are cancelled from the 1st
of April, 1877.
2. The governor of each prison is every Saturday to forward to the
Registrar of Habitual Criminals, Home Office, Whitehall, a separate
234 APPENDIX.
return of every habitual criminal about to be liberated from the
prison in the following week. By " habitual criminal " is meant
a person who, within the meaning of the Prevention of Crimes
Act (see ss. 7, 20), is " convicted on indictment of a crime, a
previous conviction of a crime being proved against him." The
return is to be made on form as annexed, or such form as may from
time to time be issued by the Registrar of Habitual Criminals.
3. In addition, there are to be forwarded at the same time returns of
any habitual criminals liberated during the current week, which
for any reason have been omitted to be sent on the previous
Saturday.
4. A photograph, made in accordance with the directions given in
circular of 3rd of July, 1872, is to be sent with each form of return.
5. The name of the prisoner and the date are to be marked, reversed,
on the negative, so as to appear in a conspicuous position on the
background of the portrait.
6. When such prisoner is going, on discharge, to reside in Scotland or
Ireland, an additional return on a like form, with photograph
attached, is also to be sent to the Registry of Criminals in Edin-
burgh or Dublin respectively.
7. As directed in the circular dated 1st June, 187G, when any habitual
criminal who has been sentenced to police supervision is about to
be discharged, information to that effect, accompanied by a photo-
graph, is to be forwarded to the police authorities of the district in
which he is going to reside, seven days before he will be due for
release. Forms for this puipose will be furnished by the Registrar
of Habitual Criminals.
8. In order to secure accuracy and uniformity in the returns, instruc-
tions will from time to time be issued from the Habitual Criminals
Registry, which are to be carefully followed.
The circular issued from the Home Office, concurrently with the issue
of the foregoing regulations, to the Visiting Justices of the various
prisons, explained that they were made in consequence of the experience
gained since the first establishment of the Registry of Criminals having
suggested various changes in the system on which it was carried on.
Up to that time all persons convicted of " crime " as defined by the
statute applying to the subject (now The Prevention of Crimes Act, but
formerly The Habitual Criminals Act, 1869,) had been registered and
photographed, and a large number of names of criminals had thus been
accumulated, respecting the majority of whom the information which the
registry was intended to furnish was not likely to be required, and the
usefulness of the registry, as a means of identification, had become much
impeded by the difficulty and loss of time involved in searching among
so large a mass of names and descriptions.
For the future, therefore, the register will include only the following : —
1. Every "habitual criminal," that is, every person who, within s. 7
of The Prevention of Crimes Act, is convicted on indictment
of a ciime, a previous conviction of a crime being proved against
him :
2. Every person who, having been convicted of a " crime," is dis-
charged from a sentence of penal servitude.
With a view, however, to making the work already done as useful as
possible to local authorities, and avoiding the loss of time occasioned by
referring to a central registry, the names and descriptions of all such
persons returned previously to the making of the revised regulations
39 & 40 vict. c. 23. 235
have been extracted from the register, placed in alphabetical order, and
printed and circulated to all police and prison authorities ; and, as this
list contains information as to the prisons in which the offenders have
been confined, application can be made direct to such prisons in all cases
where photographs or witnesses to identify may be required.
The 7th section of The Prevention of Crimes Act, 1871, above referred
to, provides that, "where any person is convicted on indictment of a
crime, and a previous conviction of a crime is proved against him, he
shall, at any time within seven years immediately after the expiration
of the sentence passed on him for the last of such crimes, be guilty of an
offence against this Act, and be liable to imprisonment, with or with-
out hard labour, for a term not exceeding one year, under the following
circumstances or any of them : t
First. If, on his being charged by a constable with getting his liveli-
hood by dishonest means, and being brought before a court of
summary jurisdiction, it appears to such court that there are
reasonable grounds for believing that the person so charged is
getting his livelihood by dishonest means : or,
Secondly. If, on being charged with any offence punishable on indic-
meiit or summary conviction, and on being required by a court of
summary jurisdiction to give his name and address, he refuses to
do so, or gives a false name or a false address : or,
Thirdly. If he is found in any place, whether public or private, under
such circumstances as to satisfy the court before whom he is
brought that he was about to commit or to aid in the commission
of any offence punishable on indictment or summary conviction,
or was waiting for an opportunity to commit or aid in the com-
mission of any offence punishable on indictment or summary
conviction : or,
Fourthly. If he is found in or upon any dwelling-house, or any build-
ing, yard, or premises, being parcel of or attached to such dwelling-
house, or in or upon any shop, warehouse, counting-house, or other
place of business, or in any garden, orchard, pleasure ground, or
nursery ground, or in any building or erection in any _ garden,
orchard, pleasure ground, or nursery ground, without being able
to account to the satisfaction of the court before whom he is
brought for his being found on such premises.
The provisions of the 20th section of The Prevention of Crimes Act,
1871, will be found in Note (r), ante p. 232. The directions with regard
to the photographing of prisoners given in the circular of the 3rd of
July, 1872, which is referred to in the 4th regulation, state that, as the
whole success of the system of photographing criminals depends on the
correctness of the likeness, and as an incorrect likeness may be even
worse than useless, it is required that every photograph shall be in-
spected and passed by the Governor (or Lady Superintendent), or
Deputy Governor, and initialed, as a certificate that it gives a correct
idea of the man or woman it professes to represent. The directions also
state that care must be taken that the photographs shall be properly
" fixed ; " that only likenesses which are passed as above mentioned should
be paid for ; that prisoners about to be discharged should be photo-
graphed in liberty clothing ; that the photograph should be an album
portrait 3^ in. long and 2£ in. wide, showing the hands, and the figure
nearly to the knees ; and that the measurement of the head must be
1 in. long. The directions likewise contain elaborate and minute in-
structions for performing the operation of photographing prisoners.
236 APPENDIX.
40 Vict. c. 7.
An Act for punishing Mutiny and Desertion, and for the better
payment of the Army and their Quarters. — [2±th of April,
1877.]
*** The Mutiny Act continues in force in England and Wales for one
year only, and is passed annually by Parliament ; but, inasmuch as the
principal provisions are always re-enacted, it has been considered desirable
to insert here those provisions which relate to prisons.
30. As to the custody of military offenders under sentence of
court-martial and in other cases. — Every governor, provost
marshal, gaoler, or keeper of any public prison or of any gaol
or house of correction in any part of Her Majesty's dominions
shall receive into his custody any military offender, whether of
the regular, reserve, or auxiliary forces, under sentence of im-
prisonment (u) by a court-martial, upon delivery to him of an
order in writing in that behalf from the general commanding in
chief, or the adjutant general, or the officer who confirmed the
proceedings of the court, or the officer commanding the regi-
ment or corps to which the offender belongs or is attached,
which order shall specify the offence of which he shall have
been convicted, and the sentence of the court, and the period of
imprisonment which he is to undergo, and the day and hour of
the day on which he is to be released ; and such governor, pro-
vost marshal, gaoler, or keeper shall keep such offender in a
proper place of confinement, with or without hard labour, and
with or without solitary confinement, according to the sentence
of the court and during the time specified in the said order, or
until he be discharged or delivered over to other custody before
the expiration of that time under an order duly made for that
purpose ; and every governor, provost marshal, gaoler, or keeper
of any public prison, gaol, house of correction, lock-up house,
or other place of confinement, shall receive into his custody any
soldier, whether of the regular, reserve, or auxiliary forces, for
a period not exceeding seven days, upon delivery to him of an
order in writing on that behalf from the officer commanding the
regiment, corps, or body of troops to which such soldier shall
belong.
(w) In all cases where the punishment of death shall have been
awarded by a general court-martial or detachment general court-martial,
Her Majesty may (s. 16) commute the sentence, and order the offender
to be kept in penal servitude for any term not less than five years, or to
suffer such term of imprisonment, with or without hard labour, and with
or without solitary confinement, as shall seem meet to Her Majesty :
ju-ovided that the imprisonment shall not exceed two years, and that the
solitary confinement shall not exceed seven days at a time, with intervals
40 vict. c. 7. 237
of not less than seven days between the periods of solitary confinement ;
and that if the imprisonment exceeds eighty-four days, the solitary con-
finement shall not exceed seven days in any twenty-eight days of the
imprisonment.
In any case where a sentence of penal servitude shall have been
awarded by a general or detachment general court-martial, Her Majesty
may (s. 20) commute the sentence, and order that the offender be im-
prisoned, with or without hard labour, and with or without solitaiy con-
finement, for such term not exceeding two years as shall seem meet to
Her Majesty : provided that the solitary confinement shall not exceed
seven days at a time, with intervals of not less than seven days between
the periods of solitary confinement ; and that if the imprisonment exceeds
eighty-four days, the solitary confinement shall not exceed seven days in
any twenty-eight days of the imprisonment.
No court-martial is (s. 22) for any offence whatever committed under
the Act during the time of peace within the Queen's dominions to have
power to sentence any soldier to corporal punishment ; but, it is provided
that any court-niartial may sentence any soldier to corporal punishment
while on active service in the field, or on board any ship not in commis-
sion, for mutiny, insubordination, desertion, drunkenness on duty or on
the line of march, disgraceful conduct, or any breach of the Articles of
War. No sentence of corporal punishment is, however, to exceed fifty
lashes.
Any general, district, or garrison court-martial may (s. 23), in addition
to any sentence of corporal punishment, award imprisonment, with or
without hard labour, and with or without solitary confinement, but
such confinement must not exceed the periods prescribed by the Articles
of War.
In all cases in which corporal punishment forms the whole or part of
the sentence awarded by any court martial, Her Majesty, or the general
or other officer authorized to confirm the sentences of courts-martial,
may commute such corporal punishment to imprisonment for any pei'iod
not exceeding forty-two days, with or without hard labour, and with or
without solitary confinement, or may mitigate such sentence, or instead
of such sentence may award imprisonment for any period not exceeding
twenty days, with or without hard labour, and with or without solitary
confinement and corporal punishment, to be inflicted in the prison, not
exceeding twenty-five lashes ; solitary confinement is not in any but such
case to exceed seven days at a time, with intervals of not less than seven
days between each period of such confinement.
31. As to the removal or discharge of prisoners in certain cases.
— In the case of a prisoner undergoing imprisonment under the
sentence of a court-martial in any public prison other than the
military pi'isons set apart by the authority of this Act, or in any
gaol or house of correction in any part of the United Kingdom,
it shall be lawful for the general commanding in chief, or the
adjutant general, or the officer who confirmed the proceedings
of the court, or the officer commanding the district or garrison
in which such prisoner may be, to give, as often as occasion
may arise, an order in writing directing that the prisoner be
discharged, or be delivered over to military custody, whether
238 APPENDIX.
for the purpose of being removed to some other prison or place
in the United Kingdom, there to undergo the remainder or any
part of his sentence, or for the purpose of being brought before
a court-martial either as a witness or for trial ; and in the case
of a prisoner undergoing imprisonment or penal servitude under
the sentence of a court-martial in any public prison other than
such military prison as aforesaid, or in any gaol or house of
correction in any part of Her Majesty's dominions other than
the United Kingdom, it shall be lawful for the general com-
manding in chief or the adjutant general of Her Majesty's forces
in the case of any such prisoner, and for the Commander-in-
Chief in India in the case of any prisoner so confined in any
part of Her Majesty's Indian dominions, and for the general
commanding in chief in any presidency in India in the case of a
prisoner so therein confined, and for the officer commanding in
chief or the officer who confirmed the proceedings of the court
at any foreign station in the case of a prisoner so there
confined, to give, as often as occasion may arise, an order in
writing directing that the prisoner be discharged or be delivered
over to military custody, whether for the purpose of being
removed to some other prison or place in any part of Her
Majesty's dominions, there to undergo the remainder or any
part of his sentence, or for the purpose of being brought before
a court-martial either as a witness or for trial ; and in the case
of any prisoner who shall be removed by any such order from
any such prison, gaol, or house of correction either within the
United Kingdom or elsewhere to some other prison or place
either in the United Kingdom or elsewhere, the officer who gave
such order shall also give an order in writing directing the
governor, provost marshal, gaoler, or keeper of such other
prison or place to receive such prisoner into his custody, and
specif ying the offence of which such prisoner shall have been
convicted, and the sentence of the court, and the period of
imprisonment which he is to undergo, and the day and the hour
on which he is to be released ; and such governor, provost
marshal, gaoler, or keeper shall keep such offender in a proper
place of confinement, with or without hard labour, and with or
without solitary confinement, according to the sentence of the
court, and during the time specified in the said order, or until
he be duly discharged or delivered over to other custody before
the expiration of that time under an order duly made for that
purpose ; and in the case of a prisoner undergoing imprisonment
or penal servitude under the sentence of a court-martial in any
military prison in any part of Her Majesty's dominions, the
Secretary of State for the War Department, or the general
officer commanding the district or station in which the prison
40 vict. c. 7. 239
may be situated, shall have the like powers in regard to the
discharge and delivery over of such prisoners to military custody
as may be lawfully exercised by any of the military authorities
above mentioned in respect of any prisoners undergoing con-
finement as aforesaid in any public prison other than a military
prison, or in any gaol or house of correction in any part of Her
Majesty's dominions ; and such prisoner in any of the cases
herein-before mentioned shall accordingly, on the production of
any such order as is herein-before mentioned, be discharged or
delivered over, as the case may be : Provided always, that the
time during which any prisoner under sentence of imprisonment
by a court-martial shall be detained in such military custody
under such order as aforesaid shall be reckoned as imprisonment
under the sentence, for whatever purpose such detention shall
take place ; and such prisoner may during such time, either
when on board ship or otherwise, be subjected to such restraint
as is necessary for his detention and removal.
32. Provision for subsistence. — The gaoler or keeper of any
public prison, gaol, house of correction, lock-up house, or other
place of confinement in any part of Her Majesty's dominions
shall diet and supply every soldier imprisoned therein under
the sentence of a court-martial or as a deserter with fuel and
other necessaries according to the regulations of such place of
confinement, and shall receive on account of every soldier, out
of the subsistence of such soldier during the period of his im-
prisonment, in Great Britain and Ireland, one shilling per diem,
and in other parts of Her Majesty's dominions such sum as the
Secretary of State may order : In all cases where such soldier is
sentenced to be discharged or is ordered by the military au-
thorities to be discharged from the army on the completion of
his term of imprisonment, the Secretary of State for the War
Department may cause to be issued out of army votes, upon
application in writing, signed by any justice within whose juris-
diction such place of confinement shall be locally situated,
together with a copy of the order of commitment, a further sum
not exceeding sixpence per diem, and all of which said sums
shall be carried to the credit of the fund from which the expense
of such place of confinement is defrayed. A sentence of im-
prisonment or of penal servitude passed either by a court-
martial or by any court of criminal jurisdiction upon any person
subject to this Act, shall be in no respect affected by such person
ceasing to be subject to this Act by discharge or otherwise at
any time : provided, that for each person so ceasing to be sub-
ject to this Act, the Secretary of State for the War Department
may cause to be issued out of army votes, upon application in
writing, signed by any justice as aforesaid, together with a copy
240 APPENDIX.
of the order of commitment, a sum not exceeding one shilling
and sixpence per diem, which said sum shall be carried to the
credit of the fund from which the expense of such place of con-
finement is defrayed.
33. Expiration of imprisonment of soldiers in common gaols. —
Every gaoler or keeper of any public prison, gaol, house of
correction, or other place of confinement, to whom any notice
shall have been given, or who shall have reason to know or
believe, that any person in his custody for any offence, civil or
military, is a soldier liable to serve Her Majesty on the expira-
tion of his imprisonment, shall forthwith, or as soon as may be,
give, if in Great Britain, to the Secretary of State for the War
Department, and if in Ireland to the general commanding Her
Majesty's forces in Ireland, or if in India to the adjutant
general of the army, or to the nearest military authority with
whom it may be convenient to communicate, notice of the day
and hour on which the imprisonment of such person will expire ;
and every such gaoler or keeper is hereby required to use his
best endeavours to ascertain and report in all cases where prac-
ticable the particular regiment or corps, battalion of a regiment
or battery of artillery, to which such soldier belongs, and also
whether he belongs to the depot or the head-quarters of his
regiment ; and in the event of his being a recruit who has not
joined, that it may be so stated in his report, together with the
name of the place where the man enlisted. In all cases where
the soldier in custody is under sentence to be discharged from
the service on the completion of his term of imprisonment, and
the discharge document is in the hands of the gaoler, such
gaoler shall not be required to make any report thereof to the
Secretary of State for War, or to the military authorities herein-
before referred to.
34. Apprehension of deserters. Transfer of deserters. — Upon rea-
sonable suspicion that a person is a deserter, it shall be lawful
for any constable or other person to apprehend him, and forth-
with bring him before a justice acting for any county, district, city,
borough, or place wherein or near to which the place in which
he was apprehended is situate : and the justice shall deal with the
suspected deserter as if he were brought before him by warrant
in accordance with the provisions of an Act passed in the eleventh
and twelfth years of Her present Majesty, chapter forty-two,
section twenty-one ; and upon its appearing to the justice by
the testimony of one or more witnesses taken upon oath, or by
the confession of such suspected deserter, that the accused is a
deserter, he shall cause him to be conveyed to the head-quarters
40 vict. c. 7. 241
of the regiment or depot to which he may appear to belong, or
to the nearest or most convenient military or police station, or
other place legally provided for the confinement of persons in
custody, or delivered up to a party of soldiers in charge of a non-
commissioned officer, as to the justice may seem most expedient,
having regard to the safe custody of such suspected deserter ;
and the justice shall make a report to the Secretary of State of
the persons through whom or by whose means the deserter was
apprehended or secured ; and for such information, commitment,
and report the gaoler or other person into whose custody the
accused is committed shall pay at the time of commitment to the
clerk to the justice the sum of two shillings ; and the Secretary
of State, upon receipt of a report of the same, together with a
• copy of the commitment, shall cause such sum to be repaid to
such gaoler or other person so entitled ; and upon the report of
a justice, as aforesaid, the Secretary of State shall cause to be
paid to the person or persons by whom or through whose means
it shall appear to his satisfaction that the deserter was appre-
hended and secured, a sum not exceeding forty shillings ;
and the justice shall in every case transmit, if in the United
Kingdom, to the Secretary of State, and if elsewhere, to the
general or other officer commanding, a descriptive return in the
form prescribed in the schedule to this Act annexed ; and a
return purporting to be so made shall be evidence of the facts
and matters therein stated : provided always, that any such
person so committed as a deserter in any part of Her Majesty's
dominions shall, subject to the provisions hereinafter contained,
be liable to be transferred by order of the general or other
officer commanding to serve in any regiment or corps or depot
nearest to the place where he shall have been apprehended, or
to any other regiment or corps to which it may be desirable that
he should be transferred, and shall also be liable after such
transfer of service to be tried and punished as a deserter.
35. As to the temporary custody of deserters in gaols. — Every
gaoler or keeper of any public prison, gaol, house of correction,
lock-up house, or other place of confinement in any part of Her
Majesty's dominions is hereby required to receive and confine
therein every deserter who shall be delivered into his custody
by any soldier or other person conveying such deserter under
lawful authority, on production of the warrant of the justice of
the peace on which such deserter shall have been taken, or some
order from the office of the Secretary of State for the War
Department, which order shall continue in force until the
deserter shall have arrived at his destination ; and such gaoler
or keeper shall be entitled to one shilling for the safe custody of
the said deserter while halted on the march, and to such sub-
16
242 appendix.
sistence for his maintenance as shall be directed by Her Majesty's
regulations.
36. Penalty on keepers of prisons for refusing to confine, &c,
military offenders. — Any governor, provost marshal, gaoler, or
keeper of any public prison, gaol, house of correction, lock-up
house, or other place of confinement, who shall refuse to receive
and to confine, or to discharge or deliver over, any military
offender in the manner herein-before prescribed, shall forfeit for
every such offence the sum of one hundred pounds.('y)
(r) All penalties and forfeitures imposed by the Act, exceeding twenty
pounds, must, in accordance with the provisions of the Act (s. 90) be
recovered by action in the High Court of Justice, and the defendant may,
in addition to the penalty or forfeiture, be adjudged to pay the cost of
the proceedings. One moiety of every penalty in the Act (s. 91) is to go
to the person who informs or sues for the same, and the remainder of the
penalty, or, where the offence is proved by the person who informs, the
whole of the penalty, is to be paid to the paymaster of the London
recruiting district, St. George's Barracks, London, to be at the disposal of
the Secretary of State for the War Department, anything in The Munici-
pal Corporation Act, 5 & 6 W. IV. c. 76, or in any other Act or Acts, to the
contrary notwithstanding ; and the division of the High Court adjudging
the penalty is required to report the same immediately to the Secretary
of State.
40 Vict. c. 8.
An Act for the Regulation of Her Majesty's Royal Marine Forces
while on shore. — [24th of April, 1877.]
*** The Marine Mutiny Act continues in force in England and Wales
for one year only, and is passed annually by Parliament ; but, inasmuch
as the principal provisions are always re-enacted, it has been considered
desirable to insert here those provisions which relate to prisoners.
42. Custody of prisoners under military sentence in common
gaols. — Every governor, provost marshal, gaoler, or keeper of
any public prison, or of any gaol or house of correction, in any
part of Her Majesty's dominions, shall receive (w) into his cus-
tody any military offender under sentence of imprisonment (x)
by a general or other court-martial, upon delivery to him of an
order in writing in that behalf from the Lord High Admiral, or
the Commissioners for executing the office of Lord High Admiral,
or from the officer commanding the division or detachment to
which the offender belongs or did last belong or is attached,
which order shall specify the period of imprisonment or re-
mainder of imprisonment which the offender is to undergo, and
the day and hour of the day on which he is to be released or be
otherwise disposed of ; and such governor, provost marshal,
gaoler, or keeper shall keep such offender in a proper place of
40 vict. c. 8. 243
confinement, with or without hard labour, and with or without
solitary confinement, according to the sentence of the court,
and during the time specified in the said order, or until he be dis-
charged or delivered over to other custody before the expiration
of that time, under an order duly made for that purpose ; (i/)
and every governor, provost marshal, gaoler, or keeper of any
public prison, gaol, house of correction, lock-up house, or other
place of confinement, shall receive into his custody any marine
for a period not exceeding seven days, upon delivery to him of
an order in writing in that behalf from the officer commanding
such marine.
(iv) This Act, it may be observed, does not contain any provision similar
to that made (s. 84) by the annual Mutiny Act, for the infliction of a
penalty on the governor, etc., of a prison who may refuse to receive, to
discharge, or to deliver over, any offender in accordance with its require-
ments.
(x) In all cases where the punishment of death shall have been awarded
by a general court-martial or by a detachment general court-martial, Her
Majesty may (s. 21) commute the sentence, and order the offender to be
kept to penal servitude for any term not less than five years, or to suffer
such term of imprisonment, with or without hard labour, and with or
without solitary confinement, as shall seem meet to Her Majesty : provided
that the imprisonment shall not exceed two years, and that the solitary
confinement shall not exceed seven days at a time, with intervals of not
less than seven days between the periods of solitary confinement ; and
that if the imprisonment exceeds eighty-four days, the solitary confine-
ment shall not exceed seven days in any twenty-eight days of the
imprisonment.
In any case where a sentence of penal servitude shall have been awarded
by a general or detachment general court-martial, Her Majesty may (s. 25)
commute the sentence, and order that the offender be imprisoned, with or
without hard labour, and with or without solitary confinement, for such
term not exceeding two years as shall seem meet to Her Majesty : pro-
vided that the solitary confinement shall not exceed seven days at a time,
with intervals of not less than seven days between the periods of solitary
confinement ; and that if the imprisonment exceeds eighty-four days, the
solitary confinement shall not exceed seven days in any twenty-eight days
of the imprisonment.
When any sentence of death is commuted for penal servitude, or when
any marine is adjudged by court-martial to penal servitude as authorized
by the Act, the commanding officer of the division to which such marine
shall have belonged or may belong may (s. 27) cause him to be detained
and conveyed to any gaol or prison, there to remain in safe custody until
he shall be removed therefrom by due authority under an order for his
penal servitude to be made by some judge of the High Court of Justice
provided by the Act ; and a certificate of his sentence, after the same shall
have been approved by the Lord High Admiral, or the Commissioners for
executing the office of Lord High Admiral, (such certificate to be signed
by the commanding officer of the division from which he shall be sent.)
is to be a sufficient order, requisition, and authority to the governor,
keeper, or superintendent of the gaol it prison to receive and detain him :
provided always, that in case of any such offender being so conveyed to
244 APPENDIX.
gaol or prison the usual allowance of sixpence per diem, or such other
sum as the said Lord High Admiral or the said Commissioners may at any
time or times direct, shall be made to the keeper of the gaol or prison for
the subsistence of such offender during his detention therein, which
allowance is to be paid by the paymaster of the division, upon production to
him, by the said governor, keeper, or superintendent, of a declaration, to
be made by him before one of Her Majesty's justices of the peace of such
county, of the number of days during which the offender shall have been
so detained and subsisted in such gaol or prison.
No court -martini is, for any offence whatever committed in time of peace
within the Queen's dominions, to have power to sentence any marine to
corporal punishment : provided that any court-martial may sentence
any marine to corporal punishment while on active service in the field, or
on board any ship not in commission, for mutiny, insubordination, desertion,
drunkenness on duty or on the line of march. No sentence of corporal
punishment is, however, to exceed fifty lashes.
Any general, district, or garrison court-martial may (s. 29) award im-
prisonment, with or without hard labour, and with or without solitary
confinement, such confinement not exceeding the periods prescribed in
the provisions of the Act noticed below or by the Articles of War ; and in
case of a marine, in addition, to corporal punishment.
In all cases in which corporal punishment shall form the whole or part
of the sentence awarded by any court-martial, the Lord High Admiral of
the United Kingdom of Great Britain and Ireland, or the Commissioners
for executing the office of Lord High Admiral of the United Kingdom of
Great Britain and Ireland, or the officer authorized to confirm the sen-
tences of courts-martial, may (s. 30) commute such corporal punishment to
imprisonment for any period not exceeding forty-two days, with or with-
out hard labour, and with or without solitary confinement, or may mitigate
such sentence, or instead of such sentence may award imprisonment for
any period not exceeding twenty days, with or without hard labour, and
with or without solitary confinement, and corporal punishment, to be in-
flicted in the prison, not exceeding twenty-five lashes, and the solitary
confinement before mentioned is not in any case to exceed seven da]
a time, with intervals of not less than seven days between each peril id
of such confinement : provided always, that the lashes shall not be
administered by any instrument save one of a pattern approved by the
Admiralty.
A general or district or garrison court-martial may (s. 37) sentence any
marine to imprisonment, with or without hard labour, and may also
direct that such offender shall be kept in solitary confinement for any
portion or portions of such imprisonment, in no case exceeding fourteen
days at a time, nor eighty-four days in any one year, with intervals be-
tween the periods of solitary confinement of not less duration than such
periods ; and when the imprisonment awarded shall exceed three months,
the court-martial is required to imperatively order that the solitary con-
finement shall not exceed seven days in any one month of the whole
imprisonment awarded, with intervals between the periods of solitary
confinement of not less duration than such periods.
Any divisional or detatchment court-martial may (s. 38) sentence any
marine to imprisonment, with or without hard labour, for any period not
exceeding forty-two days, and may also direct that such marine be kept
in solitary confinement for any portion or portions of such imprisonment,
not exceeding fourteen days at a time, with intervals between them of
not less duration than such periods of solitary confinement : provided
40 vict. c. 8. 245
always, that when any court-martial, whether general, garrison, or dis-
trict," or divisional, or detachment, shall direct that the imprisonment shall
be solitary confinement only, or when any sentence of corporal punish-
ment shall have been commuted to imprisonment only, the period of such
solitary confinement shall in no case exceed fourteen days.
Except as the Act specially provides, every term of penal servitude or
imprisonment under the sentence of a court-martial, whether original or
revised, shall be reckoned as commencing on the day on which the original
sentence and proceedings shall be signed by the president ; and the place
of imprisonnent under the sentences of courts-martial shall be appointed
by the court or the Lord High Admiral, or the Commissioners for executing
the office of Lord High Admiral, or the commanding officer of the division
to which the offender belongs or is attached, or the officer commanding the
district, garrison, island, or colony.
Q/) The Act provides (s. 41) that "in the case of a prisoner undergoing
imprisonment under sentence of a court-martial, or as part of commuted
punishment, in any public prison other than a military prison, or in any
gaol or house of correction or elsewhere, in any part of the United King-
dom, it shall be lawful for the said Lord High Admiral, or the Commis-
sioners for executing the office of Lord High Admiral, for the time being,
in all cases, or for the officer who confirmed the proceedings of the court,
or the officer commanding the division or the district or garrison in
which such prisoner may be, to give, as often as occasion may arise, an
order in writing directing that the prisoner be discharged, or be delivered
over to military custody, whether for the purpose of being removed
to some other prison or place in the United Kingdom, there to undergo
the remainder or any part of his sentence, or for the purpose of being
brought before a court-martial either as a witness or for trial ; and in
the case of a prisoner undergoing imprisonment under the sentence of a
court-martial in any public prison other than a military prison, or in
any gaol or house of correction, in any part of Her Majesty's dominions
other than the United Kingdom, it shall be lawf ul for the said Lord High
Admiral or the said Commissioners, or for the officer commanding the
Royal Marines there serving, in the case of any such prisoner, to give
as often as occasion may arise an order in writing directing that the
prisoner be discharged, or be delivered over to military or other custody,
whether for the purpose of being removed to some other prison or place
in any part of Her Majesty's dominions, there to undergo the remainder
or any part of his sentence, or for the purpose of being brought before a
court-martial either as a witness or for trial ; and in the case of any
prisoner who shall be removed by any such order from any such prison,
gaol, or house of correction, either within the United Kingdom or
elsewhere, to some other prison or place, either in the United Kingdom
or elsewhere, the officer or authorities who gave such order shall also
give an order in writing directing the governor, provost marshal, gaoler,
or keeper of such other prison or place to receive such prisoner into
his custody, and specifying the offence of which such prisoner shall have
been convicted, and the sentence of the court, and the peiiod of imprison-
ment which he is to undergo, and the day and the hour on which he is to
be released ; and such governor, provost marshal, gaoler, or keeper shall
keep such offender in a proper place of confinement, with or without
hard labour, and with or without solitary confinement, according to the
sentence of the court, and during the time specified in the said order, or
until he be duly discharged or delivered over to other custody before the
expiration of that time, under an order duly made for that purpose ; and
246 APPENDIX.
in the case of a prisoner undergoing imprisonment under the sentence of
a court-martial in any military prison in any part of Her Majesty's
dominions, the Secretary of State for War, or the general officer com-
manding the district or station in which the prison may be situated, shall
have the like powers in regard to the discharge and delivery over of
such prisoners to military or other custody as may be lawfully exer-
cised by any of the authorities above mentioned in respect of any
prisoners undergoing confinement as aforesaid in any public prison other
than a military prison, or in any gaol or house of correction in any part
of Her Majesty's dominions ; and such prisoner in any of the cases here-
in-before mentioned shall accordingly, on the production of any such
order as is herein-before mentioned, be discharged or delivered over,
as the case may be : provided always, that the time during which any
prisoner under sentence of imprisonment by a court-martial shall be
detained in such military or other custody under such order as afore-
said shall be reckoned as imprisonment under the sentence, for what-
ever purpose such detention shall take place, and such prisoner may
during such time, either when on board ship or otherwise, be subjected
to such restraint as is necessary for his detention and removal."
43. Subsistence of prisoners in common gaols. — The gaoler or
keeper of any public prison, gaol, house of correction, lock-up
house, or other place of confinement in any part of Her Majesty's
dominions shall diet and supply every marine imprisoned therein
under the sentence of a court-martial or as a deserter with fuel
and other necessaries according to the regulations of such place
of confinement, and shall receive on account of every marine
during the period of his imprisonment one shilling per diem,
or such other sum as the said Lord High Admiral or the said
Commissioners may at any time or times direct, which the
Secretary of the Admiralty shall cause to be issued out of the
subsistence of such marine, upon application in writing signed
by any justice within whose jurisdiction such place of confine-
ment shall be locally situated, together with a copy of the order
of commitment ; and which sum of one shilling per diem, or
such other sum as aforesaid, shall be carried to the credit of the
fund from which the expense of such place of confinement is
defrayed. A sentence of imprisonment or of penal servitude
passed either by a court-martial or by any court of criminal
jurisdiction upon any person subject to this Act shall be in no
respect affected by such person ceasing to be subject to this Act
by discharge or otherwise at any time after the passing of such
sentence ; but the discharge of such person shall not be deemed
in any manner to affect the provisions for the cost of his main-
tenance while undergoing a sentence of imprisonment or penal
servitude, as otherwise enacted.
44. Notice to be given of expiration of imprisonment in common
gaols. — Every gaoler or keeper of any public prison, gaol, house
of correction, or other place of confinement, to whom any notice
40 vict. c. 8. 247
shall have been given, or who shall have reason to know or
believe that any person in his custody for any debt or contempt,
or upon any charge or for any offence, civil, criminal, or mili-
tary, is a marine, shall on receiving him into custody give
notice thereof to the Secretary of the Admiralty, and also,
previous to the expiration of the period of the confinement or
imprisonment of such marine, give to the Secretary of the
Admiralty one month's notice of the period of such expiration
of confinement or imprisonment ; or if there shall not be suffi-
cient time for a month's notice, then the longest practicable
notice thereof, specifying the day and hour of the day on and
at which he is to be released ; and for every default of giving
either or any of such notices such gaoler or person shall forfeit
the sum of twenty pounds ; and moreover every gaoler or other
person having such immediate inspection as aforesaid shall, as
soon as any such marine shall be entitled to be discharged out
of custody, with all convenient speed, safely and securely con-
duct and convey, and safely and securely deliver, every such
marine either unto the officer commanding at the nearest head-
quarters of the Royal Marines or to the officer commanding
Her Majesty's ship to which any such marine may happen to
belong, unless the said Commissioners shall, by writing under
the hand of the Secretary of the Admiralty, or the officer com-
manding at the nearest head-quarters of the Royal Marines, or
the officer commanding Her Majesty's ship to which any such
marine may belong, shall, by writing under his hand, direct
that such marine be delivered to some other officer or person,
in which case he shall be delivered to such other officer or
person accordingly, and the officer or person to whom such
marine shall be so delivered in accordance with this Act shall
thereupon give to such gaoler or person delivering up such
marine a certificate, directed to the Secretary of the Admiralty,
specifying the receipt of such marine, and, if such gaoler or
other person as aforesaid has conducted or conveyed any such
marine, specifying the place from and to which he shall have
been conducted and conveyed as aforesaid ; and such gaoler or
person who shall have so conducted, conveyed, and delivered
any such marine shall, upon the production of such certificate,
be entitled to receive of and from the Accountant-General of
Her Majesty's Navy the sum of one shilling per mile, and no
more, for conducting, conveying, and delivering any such marine
as aforesaid ; and every such gaoler or other person having such
immediate inspection as aforesaid, who shall not safely and
securely conduct, convey, or deliver any such marine as afore-
said, shall for every such misconduct or offence forfeit and pay
the sum of one hundred pounds. In all cases where the marine
248 APPENDIX.
in custody is under sentence to be discharged from the service
on the completion of his term of imprisonment, and the dis-
charge document is in the hands of the gaoler, such gaoler shall
not be required to make any report thereof to the Secretary of
the Admiralty or to the Deputy Adjutant-General of Marines.
49. AppreJiension of deserters. — Transfer of deserters. — Upon
reasonable suspicion that a person is a deserter, it shall be lawful
for any constable or other person to apprehend him, and forthwith
bring him before a justice acting for any comity, district, city,
borough, or place within or near to which the place in which he
was apprehended is situate ; and the justice shall deal with the
suspected deserter as if he were brought before him by warrant
in accordance with the provisions of an Act passed in the
eleventh and twelfth years of Her present Majesty, chapter
forty-two, section twenty-one ; and upon its appearing to the
justice by the testimony of one or more witnesses taken upon
oath, or by the confession of such suspected person, that the
accused is a deserter, he shall cause him to be conveyed to the
head-cpiarters of the division or depot to which he may appear
to belong, or to the nearest or most convenient military or
police station, or other place legally provided for the confine-
ment of persons in custody, or delivered up to a party of
marines in charge of a non-commissioned officer, as to the
justice may seem most expedient, having regard to the safe
custody of such suspected deserter ; and the justice shall make
a report to the Secretary of the Admiralty of the persons
through whom or by whose means the deserter was appre-
hended or secured ; and for such information, commitment,
and report the gaoler or other person into whose custody the
accused is committed shall pay at the time of commitment to
the clerk to the justice the sum of two shillings ; and the
Secretary of the Admiralty, upon receipt of a report of the same,
together with a copy of the commitment, shall cause such sum
to be repaid to such gaoler or other person so entitled ; and
upon the report of a justice as aforesaid the Secretary of the
Admiralty shall cause to be paid to the person or persons by
whom or through whose means it shall appear to his satisfaction
that the deserter was apprehended and secured a sum not
exceeding forty shillings ; and the justice shall in every case
transmit to the Secretary of the Admiralty a descriptive return
in the form prescribed in the schedule to this Act annexed ;
and a return purporting to be so made shall be evidence of the
facts and matters therein stated : provided always, that any
such person so committed as a deserter in any part of Her
Majesty's dominions shall, subject to the provisions hereinafter
contained, be liable to be transferred, by order of the colonel
40 vict. c. 8. 249
commandant or other officer commanding, to serve in any
division, corps, detachment, or party nearest to the place where
he shall have been apprehended, or to any other division corps,
detachment, or party to which the Lord High Admiral or the
Commissioners for executing the office of Lord High Admiral
may deem it desirable that he should be transferred, and shall
also be liable after such transfer of service to be tried and
punished as a deserter.
50. Temporary custody of deserters in gaols. — Every gaoler or
keeper of any public prison, gaol, house of correction, lock-up
house, or other place of confinement in any part of Her
Majesty's dominions is hereby required to receive and confine
therein every deserter who shall be delivered into his custody
by any marine or other person conveying such deserter under
lawful authority, on production of the warrant of the justice of
the peace on which such deserter shall have been taken, or some
order from the Admiralty, which order shall continue in force
until the deserter shall have arrived at his destination ; and
such gaoler or keeper shall be entitled to one shilling for the
safe custody of the said deserter while halted on the march,
and to such subsistence for his maintenance as shall be directed
by the said Lord High Admiral or the said Commissioners.
250
RULES SETTLED AND APPROVED BY THE
SECRETARY OF STATE,
THE PEISON ACT, 1877.
In pursuance of The Prison Act, 1877, I hereby make
the following rules, which shall apply exclusively to the first
appointment of Visiting Committees under the said Act.
1. Such members of a Visiting Committee as are to be
appointed by Quarter Sessions shall be appointed at the next
Quarter Sessions to be held after the date of this order, or at
some adjourned meeting thereof, to be held in the first whole
week after the 31st day of March next ; provided that such
members of a Visiting Committee as are to be appointed at
the sessions specified in the first column of the subjoined
table shall be appointed respectively as mentioned in the
second column of the same table : —
Gaol Sessions for the County of
York.
Gaol Sessions for the County of
Lincoln.
Annual General Sessions for the
County of Kent.
Annual General Sessions for the
County of Lancaster.
Adjourned Quarter Sessions for
the whole County of Herts.
At Gaol Sessions to be held in the
first whole week after the 31st
day of March next.
Ditto ditto.
At Annual General Sessions to be
held in the first whole week
after the 31st day of March
next.
Ditto ditto.
At the Easter Adjourned Session
to be held for the whole county
in the first whole week after
the 31st day of March next,
within the liberty of St. Alban's
Division.
THE PRISON RULES, 1878. 251
2. Such members of a Visiting Committee as are to be
appointed by the justices of a borough shall be appointed at
Special Sessions to be held for that purpose on some day in
the first whole week after the 31st day of March next.
3. Such members of the Visiting Committee for the Wor-
cester Prison as are to be appointed by the Town Council of
the city of Worcester shall be appointed at a meeting to be
held for that purpose on some day in the first whole week
after the 31st day of March next.
4. The first meeting of a Visiting Committee for a prison
shall be held at the prison on Monday, the 15th of April, at
noon.
5. In the interval between the 1st and tbe 15th days of
April next, such of the reports, acts, or things which, previous
to the passing of The Prison Act, 1877, were 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, as by any rules bearing
date this 19th day of February, 1878, are required to be
made or done to or by or in relation to a Visiting Committee
to be appointed under The Prison Act, 1877, shall (except
in so far as is otherwise provided by The Prison Act, 1877)
be made or done to or by or in relation to the persons who,
immediately before the 1st day of April, were the Visiting
Justices of that prison, or any of them.
Settled and approved this 19th day of February, 1878,
RlCH D . ASSHETON CKOSS,
One of her Majesty's principal Secretaries of State.
252
THE PRISON RULES, 1878.
In pursuance of The Prison Act, 1877, I hereby make the
following rule as to the appointment of Visiting Committees.
The Visiting Committees for the prisons specified in the
first column of the subjoined table shall be constituted as
set forth for the same prisons respectively in the two sub-
columns of the second column of the same table.
Table.
Constitution of Visiting Committee.
NAME OF PRISON.
Sessions to Appoint Visiting Com-
mittees.
Number of
Justices
to be Ap-
pointed.
Bedfordshire :
Bedford County -
Berkshire :
Reading County -
Buckinghamshire :
Aylesbury County
Cambridgeshire :
Chesterton County
Cheshire :
Knutsford County
Chester County -
Cornwall :
Bodmin County -
Cumberland :
Carlisle County -
Derbyshibe :
Derby County
Devonshire :
Exeter County
Bedfordshire Quarter -
Berkshire Quarter -
Bucks .Quarter • - -[
C Cambridgeshire Quarter
4 Cambridge Borough Special -
(isle of Ely Quarter
Cheshire Quarter -
Cheshire Quarter -
/'Cornwall Quarter
) Devonport Borough Special
(.Plymouth Borough Special -
/Cumberland Quarter -
(Carlisle City Special -
Derbyshire Quarter
/'Devonshire Quarter
-J Barnstaple Borough Special
(Tiverton Borough Special
3
3
3
10
1
1
6
2
10
1
1
12
7
6
9
12
12
12
8
8
12
THE PRISON RULES, 187S.
Table — (continued).
253
Constitution of Visiting Committee.
NAME OF PRISON.
Sessions to Appoint Visiting Com-
mittees.
Number of
Justices
to be Ap-
pointed.
Plymouth Borough
fDevonport Borough Special -
\ Devonshire Quarter
(.Plymouth Borough Special -
2
2
2
fi
Dorsetshire :
Dorchester County
(Dorsetshire Quarter
\ Poole Borough Special -
11
1
12
9
Durham :
Durham County -
Durham Quarter -
—
Essex :
Springfield County
Essex Quarter ...
—
12
Gloucestershire :
Ciloucestershire County
Bristol City Common -
Gloucestershire Quarter
Bristol City Special
=
12
5
Herefordshire :
Hereford County -
r Herefordshire Quarter -
1 Hereford City Special -
(Kaunorshire Quarter -
6
2
2
10
12
7
Hertfordshire :
St. Alban's County
Huntingdonshire :
Great Stukeley County
Adjourned Quarter Sessions
for the whole county of
Herts ....
Huntingdonshire Quarter
—
Kent :
Maidstone County
Kent General Annual
—
12
Canterbury County
(Kent General Annual -
^ Dover Borough special
( Sandwich Borough Special -
•i
2
'J
8
12
12
12
Lancashire :
Lancaster County
Kirkdale County -
Preston County -
Lancashire General Annual -
Lancashire General Annual -
Lancashire General Annual -
—
254
THE PRISON RULES, 1878.
Table — (continued).
NAME OP PRISON.
Salford County
Liverpool Borough
Manchester City -
Leicestershire :
Leicester County -
Leicester Borough
Lincolnshire :
Lindsey County -
Spalding County
Newgate. City
Middlesex :
Clerkenwell County
Westminster County
Holloway, City
Cold Bath Fields County
Monmouthshire :
Usk County -
Constitution of Visiting Committee.
Sessions to Appoint Visiting Com-
mittees.
Lancashire Quarter Sessions.
to be held in the hundred
of Salford - - - -
Liverpool Borough Special
Manchester Borough Special -
(Leicestershire Quarter -
t Leicester Borough Special
(Leicestershire Quarter -
(Leicester Borough Special
/Parts of Lindsey Quarter
I Parts of Kesteven Quarter
J Parts of Holland Quarter
1 Lincoln City Special
/ Grantham Borough Special
v Stamford Borough Special
/Parts of Lindsey Quarter
1 Parts of Kesteven Quarter
J Parts of Holland Quarter
J Lincoln City Special
/ Grantham Borough Special
^Stamford Borough Special
City of London Special -
Middlesex Quarter -
Middlesex Quarter -
City of London Special
Middlesex Quarter -
Monmouthshire Quarter •
Number of
Justices
to be Ap-
pointed.
6
6
6
6
5
2
2
1
1
1
12
12
12
12
12
12
12
12
12
12
12
12
12
5
2
2
1
1
1
THE PRISON RULES, 1878.
Table — {continued).
255
NAME OF PRISON.
Norfolk :
Norwich County
Northamptonshire :
Northampton County
Northampton Borough -
Northumberland :
Newcastle Borough
Morpeth County -
Nottinghamshire :
Nottingham Borough
Southwell
Oxfordshire :
Oxford County
Rutlandshire :
Oakham County -
Shropshire :
Shrewsbury County
Constitution of Visiting Committee.
Sessions to Appoint Visiting Com-
mittees.
Number of
Justices
to be Ap-
pointed.
/Norfolk Quarter
(Norwich City
( Northamptonshire Quarter -
j Liberty of Peterborough
J Quarter - - - -
(^Northampton Borough Special
'Northamptonshire Quarter -
| Liberty of Peterborough
| Quarter - - - -
v Northampton Borough Special
| Newcastle City Special -
(_ Berwick Borough Special
Northumberland Quarter
J Nottingham Borough Special-
ly Nottinghamshire Quarter
Nottinghamshire Quarter
f Oxfordshire Quarter
(Oxford City Special
Rutlandshire Quarter
(Shropshire Quarter
( Montgomeryshire Quarter
12
12
12
12
12
12
12
256
THE PRISON RULES, 1878.
Table — {continued').
NAME OF PRISON.
SOMERSETSHIRE :
Taunton County -
Shepton Mallet County
Bath City -
Southampton :
Winchester County
Southampton Borough -
Staffordshire :
Stafford County -
Suffolk :
Ipswich County -
Ipswich Borough -
Surrey :
Newington County
Wandsworth County -
Sussex :
Lewes County
Petworth
Constitution of Visiting Committee.
Sessions to Appoint Visiting Com-
mittees.
Somersetshire Quarter -
Somersetshire Quarter -
Bath City Special -
(Hants Quarter
\ Portsmouth Borough Special
/Hants Quarter
\ Southampton Borough Special
Staffordshire Quarter -
r Suffolk Quarter, Eastern Di-
\ vision -
1 Suffolk Quarter, Western Di-
( vision -
Ipswich Borough Special
Surrey Quarter -
Surrey Quarter
( Susses Quarter, Eastern Di-
j vision -
1 Sussex Quarter, Western Di-
(_ vision -
("Sussex Quarter, Eastern Di-
j vision -
. Sussex Quarter, Western Di-
(, vision -
Number of
Justices
to be Ap-
pointed.
Warwickshire :
Warwick County -
Birmingham Borough
- Warwickshire Quarter -
- Birmingham Borough Special
THE PRISON RULES, 1878.
Table — {continued) .
257
NAME OF PRISON.
Westmoreland :
Kendal County
Wiltshire :
Devizes County -
Worcestershire :
Worcester County
Yorkshire :
Northallerton County
Wakefield County-
Kingston-on-Hull Bo-
rough -
Leeds Borough
York County
Breconshire :
Brecon County
"Carmarthenshire :
Carmarthen County
Carnarvonshire :
Carnarvon County
Denbighshire :
Ruthin County
Glamorganshire :
Cardiff County
Swansea County -
Constitution of Visiting Committee.
Sessions to Appoint Visiting Com-
mittees.
Westmoreland Quarter -
Wiltshire Quarter -
f Worcestershire Quarter
■j City of Worcester Town
v. Council -
J North Riding Quarter -
| Liberty of Ripon Quarter
f West Riding Quarter -
| East Riding Quarter
fKingston-on-Hull Borough
Special - - - -
I Scarborough Borough Special
Leeds Borough Special -
County of York Gaol
Breconshire Quarter
( Carmarthenshire Quarter
\ Cardiganshire Quarter -
(.Pembrokeshire Quarter
f Carnarvonshire Quarter
\ Anglesea Quarter -
f Denbighshire Quarter -
-j Flintshire Quarter
Merionethshire Quarter
Number of
Justices
to be Ap-
pointed.
Glamorganshire Quarter
Glamorganshire Quarter
17
258
THE PRISON EULES, 1878.
Constitution of Visiting Committee.
Number
NAME OF PRISON.
Sessions to Appoint Visiting
of Justices
Committees.
to be
Appointed.
Buckingham Borough-
Buckingham Borough Special -
6
Cambridge Borough -
Cambridge Borough Special
6
Ely, Isle of Ely -
Isle of Ely Quarter -
6
Wisbeach, Isle of Ely-
Isle of Ely Quarter -
6
Barnstaple Borough -
Barnstaple Borough Special
6
Tiverton Borough
Tiverton Borough Special
6
Devonport Borough -
Devonport Borough Special
6
Poole Borough
Poole Borough Special
6
Bristol City Bridewell
Bristol City Special - - -
6
Ilford County
Essex Quarter ....
6
Hereford City -
Hereford City Special
6
Hertford County
Adjourned Quarter Sessions for
the whole County of Herts -
6
Dover Borough -
Dover Borough Special -
6
Sandwich Borough
Sandwich Borough Special
6
Lincoln County -
Lincoln County Gaol
6
Falkingham County -
Parts of Kesteven Quarter
6
Lincoln City
Lincoln City Special
6
Grantham Borough -
Grantham Borough Special
6
Stamford Borough
Stamford Borough Special
6
Norwich City
Norwich City Special
6
Wymondham County -
Norfolk Quarter
6
Peterborough Liberty -
Peterborough Liberty Quarter -
6
Berwick-upon-Tweed
Borough
Berwick-upon-Tweed Special -
6
Nottingham County -
Nottinghamshire Quarter
6 '
Oxford City
Oxford City Special
6
Portsmouth Borough -
Portsmouth Borough Special -
6
Bury St. Edmunds
County -
Suffolk Quarter ...
6
Appleby County -
Westmoreland Quarter
6
Beverley County
East Biding Quarter
6
Bipon Liberty
Bipon Liberty Quarter
6
Scarborough Borough -
Scarborough Borough Special -
6
Beaumaris County
Anglesea Quarter -
6
Cardigan County
Cardigan Quarter
6
Mold County
Flint Quarter ....
6
Dolgelly County
Merioneth Quarter -
6
Montgomery County -
Montgomery Quarter
6
Haverfordwest County
Pembroke Quarter -
6
Presteign County
Radnor Quarter
6
Settled and approved this 19th day of February, 1878,
BlCHD. ASSHETON CROSS,
One of Her Majesty's principal Secretaries of State.
THE PRISON RULES, 1878.
259
In pursuance of The Prison Act, 1877, I hereby appoint
that upon an order being made for the discontinuance of any
prison specified in the first column of the subjoined table,
then as from the date of such order such prison or prisons in
the same county as is or are specified in the third column
shall be a prison or prisons in which prisoners may be con-
fined before and during trial, or at either of such times, and
in which debtors and prisoners who are not criminal prisoners
may be confined during the period of their imprisonment ;
and that on and after the same date, any prisoner who might,
if the Act had not passed, have been lawfully confined in
any prison situate within the area of any one of the said
counties, may be lawfully confined in any of the prisons
hereby appointed for the same county.
Table.
Prisons to be Discontinued.
County in which
discontinued
Prison is situated.
Buckingham Borough
Cambridge Borough -
Ely, Isle of Ely -
Wisbeach, Isle of Ely -
Barnstaple Borough -
Tiverton Borough
Devonport Borough -
Buckingham -
Cambridge
ditto -
ditto -
Devon
ditto
ditto - -
Poole Borough -
Bristol City Bridewell
Ilford County -
Hereford City -
Hertford County
Dorset
Gloucestershire
Essex
Hereford
Hertford -
Dover Borough -
Kent
Sandwich Borough
Lincoln County -
Falkingham County -
ditto - - |
Lincoln -
ditto -
Lincoln City
Grantham Borough -
Stamford Borough
ditto -
ditto -
ditto
Norwich City
"Wymondham County -
Norfolk -
ditto - - i
Prison Appointed.
Ply-
Aylesbury County
Cambridge County,
ditto,
ditto.;
Exeter County.
ditto.
Exeter County and
mouth Borough.
Dorchester County.
Gloucester County.
Springfield County.
Hereford County.
St. Alban's Conty.
f Maidstone County and
| Canterbury County.
ditto.
Lindsey County.
Lindsey County, and Spald-
ing County.
Lincoln County.
ditto.
Lincoln Cuunty, and Spald-
ing County.
Norwich County.
ditto.
260
THE PRISON RULES, 1878.
Table — (continued).
Prisons to be Discontinued.
Peterborough Liberty-
Berwick-upon-Tweed
Borough -
Nottingham County -
Oxford City
Portsmouth Borough -
Bury St. Edmunds
County -
Appleby County
Beverley County
Ripon Liberty
Scarborough Borough
County in which
discountinued
Prison is situated.
Prison Appointed.
Northampton - Northampton County.
Northumberland
Nottingham
Oxford
Southampton -
Suffolk -
Westmoreland -
York
ditto
ditto
Newcastle-on-Tyne City.
Nottingham Borough and
Southwell County.
Oxford County.
Winchester County.
Ipswich County and Ips-
wich City.
Kendal County.
Wakefield County, Leeds
Borough, and York
County.
Northallerton County,
Wakefield County, Leeds
Borough, and York
County.
Kingston - on - Hull Bo-
rough and York County.
Settled and approved this 19th day of February, 1878,
RlCHD. ASSHETON CROSS,
One of Her Majesty's principal Secretaries of State.
In pursuance of The Prison Act, 1877, I hereby appoint
that after the 1st day of April, 1878, any prisoner, who, in
respect of a matter arising within such county or part of a
county as is specified in the first column of the subjoined
table, might, if the said Act had not passed, have been law-
fully confined in the prison situated in the same county, and
specified in that behalf in the second column, may be com-
mitted for trial, safe custody, or otherwise to such prison
■in the adjoining county as is specified in that behalf in the
third column.
THE PRISON RULES, 1878.
2G1
Table.
County or part of County
within
which matter arises.
Such part of the
County of Essex as
is within the Petty
Sessional Division
of Ilford.
Such part of the
County of Kent as
is within the Dis-
tricts assigned to
the Metropolitan Po-
lice Courts of Wool-
wich and Green-
wich.
County of Anglesea -
County of Cardigan -
County of Flint
County of Merioneth -
County of Montgomery
County of Pembroke -
County of Radnor
Prison in which,
if Prison Act, 1877, had
not passed,
Prisoners might have
been confined.
Ilford County
Prison
Maidstone County
Prison
Beaumaris County
Prison
Cardigan County
Prison
Mold County Prison
Dolgelly County
Prison
Montgomery
County Prison -
Haverfordwest
County Prison -
Presteign County
Prison
Prison in adjoining County
to which
Prisoners may be
committed.
Clerkenwell County
Prison and Holloway
Prison in County of
Middlesex.
Clerkerkenwell County
Prison in County of
Middlesex, Newington
County Prison, and
Wandsworth County
Prison, in County of
Surrey.
Carnarvon County Pri-
son in County of Car-
narvon.
Carmarthen County Pri-
son in County of Car-
marthen.
Ruthin County Prison
in County of Denbigh.
Ruthin County Prison
in County of Denbigh.
Shrewsbury County
Prison in County of
of Salop.
Carmarthen County
Prison in County of
Carmarthen.
Hereford County Prison
in County of Hereford.
Settled and approved this 19th day of February, 1878,
RlCHD. ASSHETON CROSS,
One of Her Majesty's principal Secretaries of State.
262
THE PRISON RULES, 1878.
EULES FOR THE YlSITING COMMITTEE.
In pursuance of The Prison Act, 1877, I hereby make the
following rules with respect to Visiting Committees : —
1. The following provisions shall apply with respect to
the time of appointments of Visiting Committees other than
the first appointments in the year 1878 :
(a.) Such members of a Visiting Committee as are to be
appointed by Quarter Sessions shall be appointed
at the Quarter Sessions held in the first week after
the 28th day of December ; provided that such
members of a Visiting Committee as are to be
appointed at the sessions specified in the first
column of the subjoined table shall be appointed
respectively as mentioned in the second column of
the same table : —
Gaol Sessions for the County of
York
Gaol Sessions for the County of
Lincoln ....
Annual General Sessions, County
of Kent ....
Annual General Sessions, County
of Lancaster
Adjourned Quarter Sessions for
the whole County of Herts
At Gaol Sessions, to be held in
the first whole week after the
28th of December.
ditto ditto
At Annual General Sessions, to
be held in the first whole week
after the 28th of December,
ditto ditto
At an Epiphany Adjourned Ses-
sion for the whole county, held
within the Hertford Division
in the first whole week after
the 28th of December.
(b.) Such members of a Visiting Committee as are to be
appointed by the justices of a borough shall be
appointed at Special Sessions to be held for that
purpose in the first whole week after the 28th of
December.
(c.) Such members of a Visiting Committee for the Wor-
cester Prison as are to be appointed by the Town
Council of the city of Worcester, shall be appointed
THE PRISON RULES, 1878. 263
at a meeting to be held for that purpose in the first
whole week after the 28th of December.
(d.) The first meeting of a Visiting Committee for a
prison shall be held at the prison at noon, on the
Monday in tbe second whole week after the 28th
of December.
2. The Visiting Committee shall continue to hold office
until their successors shall have met and taken over their
duties.
3. They shall, at their first meeting, appoint a chairman,
and make rules as regards their attendance at the prison for
the purpose of carrying out the duties assigned to them.
4. The chairman of the Visiting Committee shall report
to the Secretary of State the names and addresses of the
members of the Visiting Committee.
5. No member of the Visiting Committee shall have any
interest in any contract made in respect of any prison of
which he is on the Visiting Committee.
6. The members of the Visiting Committee shall be treated
with the utmost respect and courtesy by every prison officer.
Any infringement of this rule will render the offender liable
to severe punishment.
7. They shall co-operate with the Commissioners in pro-
moting the efficiency of the service, and shall make inquiry
into any matter specially referred to them by the Secretary
of State or the Commissioners, and report their opinion
thereon.
8. Should any abuses in connection with the prison come
to the knowledge of the Visiting Committee, or any of them,
they shall take care that such abuses are brought to the
notice of the Commissioners immediately ; and in case of
urgent necessity, they may suspend any officer of the prison
until the decision of the Commissioners is made known.
9. They shall keep a book of minutes of their proceedings,
in which all minutes shall be recorded.
10. They shall hear and adjudicate on any report made by
the governor of the misconduct or idleness of any prisoner.
11. If the governor shall represent to them that he has,
in case of urgent necessity, put a prisoner in irons or under
mechanical restraint, and that it is necessary that such
264 THE PRISON RULES, 1878.
prisoner should be kept in irons or under mechanical restraint
for more than 24 hours, they may authorize such detention
by order in writing, which shall specify the cause thereof
and the time during which the prisoner is to be kept in irons
or under mechanical restraint.
12. They shall furnish such information with respect to
the offences reported to them, and the punishments they
award, as may from time to time be required.
13. They shall hear any complaint which any prisoner
may desire to make to them ; and, if necessary, report the
same, with their opinion, to the Commissioners, or take such
steps with regard to the matter as they may from time to
time be directed to take.
14. They shall attend to any report in writing which they
may receive as to the mind or body of any prisoner being
likely to be injured by the discipline or treatment to which
he is subjected, and shall communicate their opinion to the
Commissioners ; if the case be urgent, they shall give such
directions thereon as they may deem expedient, communi-
cating the same to the Commissioners.
15. They shall frequently inspect the diets of the prisoners,
and if they shall find that the quality of any article does not
fulfil the terms of the contract, they shall report the circum-
stances to the Commissioners and note the same in their
minute book, and the governor shall thereupon take such
steps as may be immediately necessary to provide the pri-
soners with suitable food.
16. They may inspect any of the books of the prison.
17. They shall report to the Secretary of State any matter
with respect to which they may consider it expedient.
18. They may, on application from any non-criminal
prisoner, dispense with his attendance at Divine service on
Sundays and other days.
19. They shall, before granting any permission which, by
the following rules, they are authorized or required to grant,
satisfy themselves tbat it can be granted without interfering
with the security, good order, and government of the prison
and prisoners therein ; and if, after it has been granted, its
continuance seems likely to cause any such interference, or
the prisoner has abused such permission, or has been guilty
THE PRISON RULES, 1878. 265
of any misconduct, they shall have power to suspend or
withdraw such permission.
20. They shall, on the application of any prisoner await-
ing trial, if, having regard to his ordinary habits and condition
of life, they think such special provision should be made in
respect to him, permit any such prisoner —
(1.) To occupy, on payment of a small sum fixed by the
Commissioners, a suitable room or cell specially
fitted for such prisoners, and furnished with suit-
able bedding and other articles in addition to or
different from those furnished for ordinary cells ;
(2.) To exercise separately or with selected untried
prisoners, if the arrangements and construction of
the prison permit it ;
(3.) To have, at his own cost, the use of private furniture
and utensils suitable to his ordinary habits, to be
approved by the governor ;
(4.) To have, on payment of a small sum fixed by the
Commissioners, the assistance of some person to be
appointed by the governor, relieving him from the
performance of any unaccustomed tasks or offices.
21. They may also permit the governor to modify the
routine of the prison in regard to any prisoner awaiting trial,
so far as to dispense with any practice which is, in the opinion
of the governor, clearly unnecessary in the case of that
particular prisoner.-
22. They shall permit prisoners awaiting trial and mis-
demeanants of the first division to have supplied to them, at
their own expense, such books, newspapers, or other means
of occupation, other than those furnished by the prison, as
are not, in their opinion, or in their absence, pending their
approval, in the opinion of the governor, of an objectionable
kind.
23. They shall, on the application of any misdemeanant
of the first division, permit him to wear his own clothing,
provided that it is sufficient and is fit for use, and to supply
his own food under the restrictions made in respect thereto ;
also if, having regard to his ordinary habits and condition of
life, they think such special provision should be made in
respect to him, they shall permit any such prisoner —
2G6 THE PRISON RULES, 1878.
(1.) To occupy, on payment of a small sum fixed by the
Commissioners, a room or cell specially fitted for
such prisoners, and furnished with suitable bedding
and other articles, in addition to or different from
those furnished for ordinary cells.
(2.) To have, at his own cost, the use of private furniture
and utensils suitable to his ordinary habits, to be
approved by the governor.
(3.) To have, on payment of a small sum fixed by the
Commissioners, the assistance of some person, to
be appointed by the governor, relieving him from
the performance of any unaccustomed tasks or
offices.
24. They may, by permission, in any special case, for
special reasons, prolong the period of the visit allowed to
any prisoner. Further, they may, for special reasons in
each case, permit any prisoner to have an extension of the
privileges of communicating with his friends, either by visit
or writing, provided such extension is in conformity with
the rules relating to the class to which the prisoner belongs.
25. A person shall not, without an order from a member
of the Visiting Committee, be permitted to visit a prisoner
under order for execution, except as authorized in pursuance
of The Prison Acts, 1865 and 1877 ; and if such prisoner
applies to the governor to be allowed to be visited by any
person, the name of such person shall be forthwith submitted
to the Visiting Committee.
26. The Visiting Committee are requested to give such
assistance as may be in their power towards securing the
proper disposal of any gratuities which may be earned by
prisoners, especially in places where there is no Discharged
Prisoners' Aid Society, according to such instructions as
may from time to time be issued.
27. "When any youthful offender imprisoned in the prison
has been sentenced to be sent to a reformatory school, and
the particular school to which he is to be sent is not named
at the time of his sentence being passed, or within seven
days thereafter, by the court, justices, or magistrate who
sentenced him, then any member of the Visiting Committee
may, at any time before the expiration of the term of ini-
THE PRISON RULES, 1878. 2G7
prisonment, name the school to which he is to be sent,
provided that he shall endeavour to ascertain the religious
persuasion to which the youthful offender belongs, and, so
far as is possible, select a school conducted in accordance
with such religious persuasion, and shall specify such per-
suasion in his order.
28. If the parent, step-parent, or guardian, or if there be
no parent, step-parent, or guardian, then the God-parent or
nearest adult relative of any youthful offender who has been
sent, or is about to be sent, to a certified reformatory school
which is not conducted in accordance with the religious
persuasion to which the offender belongs, shall apply to a
member of the Visiting Committee of the prison to which
the offender was committed, to send or to remove such
offender to a certified reformatory school, conducted in
accordance with the offender's religious persuasion, such
member of the Visiting Committee shall, upon proof of such
offender's religious persuasion, comply with the request of
the applicant, provided —
(1.) That the application be made before the offender has
been sent to a certified reformatory school, or
within thirty days after his arrival at such school.
(2.) That the applicant show, to the satisfaction of such
member of the Visiting Committee, that the man-
agers of the school named by him are willing to
receive the offender.
29. The Visiting Committee shall also discharge such
other duties as are assigned to them in the Special Rules
for special classes of prisoners and in the General Eules for
the government of prisons.
30. The foregoing rules shall come into operation on the
15th of April, 1878.
Settled and approved this 19th day of February, 1878,
ElCH D . ASSHETON CROSS,
One of Her Majesty's principal Secretaries of State.
2G8 THE PRISON RULES, 1878.
Special Rules for Prisoners Awaiting Trial.
In pursuance of The Prison Act, 1877, I hereby make the
following special rules with respect to prisoners awaiting
trial : —
Admission, Discharge, and Removal.
1. Such prisoner shall not be required to take a bath on
reception, if, on the application of the prisoner, the governor
shall decide that it is unnecessary, or the surgeon shall state
that it is for medical reasons unadvisable.
2. In order to prevent such prisoners from being con-
taminated by each other, or endeavouring to defeat the ends
of justice, they shall be kept separate, and shall not be
permitted to communicate together.
3. Such prisoners while attending chapel and at other
times shall, if possible, be placed so that they may not be
in view of the convicted prisoners.
4. The Visiting Committee or governor, before granting any
permission which by the following rules they are authorized
or required to grant, shall satisfy themselves that it can be
granted without interfering with the security, good order,
and government of the prison and prisoners therein ; and
if after it has been granted its continuance seems likely
to cause any such interference, or the prisoner has abused
such permission or been guilty of any misconduct, the Visit-
ing Committee shall have power to suspend or withdraw such
permission, and in the like circumstances the governor may
suspend or withdraw the same when it has been granted by
himself, or suspend it when it has been granted by the Visit-
ing Committee, if the case is urgent, provided that he report
the case within 24 hours to them.
5. The Visiting Committee shall, on the application of
any such prisoner, if, having regard to his ordinary habits
and condition of life, they think such special provision should
be made in respect to him, permit any such prisoner —
(1.) To occupy, on payment of a small sum fixed by the
Commissioners, a suitable room or cell specially
fitted for such prisoners, and furnished with suit-
THE PRISON RULES, 1878. 269
able bedding and other articles in addition to or
different from those furnished for ordinary cells.
(2.) To exercise separately or with selected untried
prisoners, if the arrangements and construction
of the prison permit it.
(3.) To have at his own cost the use of private furniture
and utensils suitable to his ordinary habits, to be
approved by the governor.
(4.) To have, on payment of a small sum fixed by the
Commissioners, the assistance of some person to
be appointed by the governor, relieving him from
the performance of any unaccustomed tasks or
offices.
6. Any money in the hands of the governor belonging to
any such prisoner may be applied to the purpose of making
special provision for him in cases where the prisoner is, by
these rules, required to make any payment in respect of such
special provision.
7. The Visiting Committee may also permit the governor
to modify the routine of the prison in regard to any such
prisoner, so far as to dispense with any practice which in the
opinion of the governor is clearly unnecessary in the case of
that particular prisoner.
8. The governor shall, on the application of any such
prisoner, permit him to have any books or papers, such as
are referred to in Section 39, Sub-section 1, of The Prison
Act, 1877.
Food, Clothing, and Bedding.
9. Any such prisoner who prefers to provide his own food
for any meal shall give notice thereof beforehand at the time
required, but the governor shall not permit any such prisoner
to receive any prison allowance of food for the meal for which
he procures or receives food at his own expense.
10. Articles of food shall be received only at such hours
as may be laid down from time to time. They shall be in-
spected by the officers of the prison, and shall be subject to
such restrictions as may be necessary to prevent luxury or
waste.
11. Any such prisoner shall not during the 21 hours
270 THE PRISON RULES, 1878.
receive or purchase more than one pint of malt liquor,
fermented liquor, or cider, or, if an adult, half a pint (8 ozs.)
of wine.
12. No such prisoner shall be allowed to sell or transfer
any article whatsoever allowed to be introduced for his use
to any other person.
Personal Cleanliness.
13. Such prisoner shall not be compelled either to have
his hair cut or (if he usually wears his beard, etc.) to shave,
except on account of vermin or dirt, or when the surgeon
deems it necessary on the ground of health and cleanliness,
and the hair of such prisoner shall not be cut closer than
may be necessary for the purpose of health and cleanliness.
14. The beds of such prisoners shall be made, and the
rooms and yards in their occupation shall be swept and
cleaned, every morning. The furniture and utensils appro-
priated to their use shall be kept clean and neatly arranged.
Should any such prisoner object to perform any of these
duties, they may be performed for him as provided in Rule
5, Sub-section 4.
Health.
15. If any such prisoner who is out of health shall desire
the attendance of his usual medical man, the Visiting Com-
mittee shall, if they are satisfied that the application is bond
fide, permit him to be visited by such medical man at his own
expense, and to be supplied with medicine by him, proper
precautions being in all cases observed to prevent abuse of
these privileges.
Instruction.
16. Such prisoner shall be permitted to have supplied to
him, at his own expense, such books, newspapers, or other
means of occupation, other than those furnished by the
prison, as are not, in tbe opinion of the Yisiting Committee,
or in their absence, and pending their approval, in the
opinion of the governor, of an objectionable kind.
Visits to and Communications with Prisoners.
17. So far as prison arrangements may admit, facilities
THE PRISON RULES, 1878. 271
shall be given to such prisoners to work and follow their
respective trades and employments, and all earnings of such
prisoner, after payment thereout of such sum as the Com-
missioners may determine on account of the cost of his main-
tenance in the prison, or on account of the use of implements
lent to him, shall belong to such prisoner.
18. Each such prisoner shall be permitted to be visited by
one person, or (if circumstances permit) by two persons at
the same time, for a quarter of an hour on any week-day,
during such hours as may from time to time be appointed.
19. The Visiting Committee may, by permission in any
special case for special reasons, prolong the period of the
visit allowed to any such prisoner, or allow him to be visited
by more than two persons at the same time.
20. Every endeavour shall be made to provide that such
prisoners shall not, when being visited, be exposed to the
view of the friends of other prisoners ; and to prevent the
friends of one prisoner from coming in contact with the
friends of another while in the prison.
21. Such prisoner shall at his request be allowed to see
his legal adviser (by which is to be understood a certificated
solicitor or his clerk, if such clerk is furnished by his prin-
cipal with written authority) on any week-day, at any reason-
able hour, and, if required, in private, but (if necessary) in
the view of an officer of the prison.
22. Any such prisoner who is in prison in default of bail
shall be permitted to see any of his friends, on any week-
day, at any reasonable hour, for the bond fide purpose of
providing bail.
23. Paper and all other writing materials to such extent
as may appear reasonable to the governor shall be furnished
to any such prisoner who requires to be so supplied for the
purposes of communicating with friends or preparing a
defence. Any confidential written communication prepared
as instructions for a solicitor may be delivered personally to
him or his authorized clerk, without being previously exa-
mined by any officer of the prison ; but all other written
communications are to be considered as letters, and are not
to be sent out of the prison without being previously in-
spected by the governor.
272 THE PRISON RULES, 1878.
24. No such prisoner who is attended or visited by a
minister of a church or persuasion differing from the Esta-
blished Church shall be compelled to attend any religious
services except those of the said church or persuasion ; but,
subject to the foregoing provisions, such prisoners shall
attend Divine service on Sundays and on other days when
such service is performed, unless prevented by illness or
excused by the governor or Visiting Committee for any other
reason.
25.. Prisoners awaiting trial shall also be subject to any
general rules made by the Secretary of State for the govern-
ment of prisons, except so far as the same are inconsistent
with the special rules relating to such prisoners.
26. The foregoing rules relating to prisoners awaiting
trial shall apply to any person committed to prison for safe
custody in any of the following circumstances : —
(a.) On his commitment for trial for any indictable
offence.
(b.) Pending the preliminary hearing before justices of a
charge against him of an indictable offence, or
pending the hearing of an information or complaint
against him.
(c.) On default in entering into recognizances or finding
surety or sureties.
27. The foregoing rules shall come into operation on the
15th of April, 1878.
Settled and approved this 19th day of February, 1878,
RlCH D . ASSHETON CROSS,
One of Her Majesty's principal Secretaries of State.
Special Rules for Misdemeanants of the First Division.
In pursuance of The Prison Act, 1877, I hereby make the
following special rules with respect to prisoners who are
misdemeanants of the first division : —
THE PRrSON RULES, 1878. 273
Admission, Discharge, and Removal.
1. No person shall be placed in this division except as
provided by statute or by order of the judge or court before
whom he is tried.
2. Such prisoner shall not be required to take a bath on
reception, if, on the application of the prisoner, the governor
shall decide that it is unnecessary, or the surgeon shall state
that it is, for medical reasons, unadvisable.
3. Every such prisoner shall be searched only by an
officer specially appointed for the purpose.
4. He shall be placed as soon as possible after reception
in a cell appropriated to prisoners of his class, unless there
is reason to believe that he is suffering from some infectious
disease, in which case he shall be detained in a reception cell
till he can be seen by the surgeon.
5. He shall at all times, except when at chapel or exercise,
occupy the room or cell assigned to him.
6. He shall not be placed in association or at exercise
with criminal prisoners.
7. The Visiting Committee or governor, before granting
any permission which by the following rules they are autho-
rized or required to grant, shall satisfy themselves that it
can be granted without interfering with the security, good
order, and government of the prison and prisoners therein ;
and if, after it has been granted, its continuance seems likely
to cause any such interference, or the prisoner has abused
such permission, or been guilty of any misconduct, the
Visiting Committee shall have power to suspend or withdraw
such permission, and in the like circumstances the governor
may suspend or withdraw the same when it has been granted
by himself, or suspend it when it has been granted by the
Visiting Committee, if the case is urgent, provided that he
report the case within 24 hours to them.
8. The Visiting Committee shall, on the application of anv
such prisoner, if, having regard to his ordinary habits and
condition of life, they think such special provision should be
made in respect to him, permit any such prisoner —
(1.) To occupy, on payment of a small sum fixed by the
Commissioners, a room or cell specially fitted foi-
ls
274 THE PRISON KULES, 1878.
such prisoners, and furnished with suitable bedding
and other articles in addition to or different from
those furnished for ordinary cells.
(2.) To have at his own cost the use of private furniture
and utensils suitable to his ordinary habits, to be
approved by the governor.
(3.) To have, on payment of a small sum fixed by the
Commissioners, the assistance of some person to
be appointed by the governor, relieving him from
the performance of any unaccustomed tasks or
offices.
9. Any money in the hands of the governor, belonging to
any such prisoner, may be applied to the purpose of making
special provision for him, in cases where the prisoner is by
these rules required to make any payment in respect of such
special provision.
Food, Clothing, and Bedding.
10. He shall be permitted by the Visiting Committee to
supply his own food, on giving due notice beforehand, at the
time required ; but the governor shall not permit such
prisoner to receive any prison allowance of food at any meal
for which he procures or receives food at his own expense.
11. Articles of food shall be received only at such hours
as may be laid down from time to time. They shall be in-
spected by the officers of the prison, and shall be subject to
such restrictions as may be necessary to prevent luxury or
waste.
12. Any such prisoner shall not during the 24 hours
receive or purchase more than one pint of malt liquor,
fermented liquor, or cider, or, if an adult, half a pint (8 ozs.)
of wine.
13. He shall be permitted by the Visiting Committee to
wear his own clothing, provided that it is sufficient and is fit
for use.
14. No such prisoner shall be allowed to sell or transfer
any article whatsoever allowed to be introduced for his use
to any other person.
THE PRISON RULES, 1878. 275
Personal Cleanliness.
15. Such prisoner shall not be compelled either to have
his hair cut, or (if he usually wears his beard, etc.) to shave,
except on account of vermin or dirt, or when the surgeons
deem it necessary on the ground of health and cleanliness,
and the hair of such prisoner shall not be cut closer tban may
be necessary for the purposes of health and cleanliness.
16. The beds of such prisoners shall be made, and the
rooms and yards in their occupation shall be swept and
cleaned, every morning. The furniture and utensils appro-
priated to their use shall be kept clean and neatly arranged.
Should any such prisoner object to perform any of these
duties, they may be performed for him, as provided in
Rule 8.
Instruction.
17. Such prisoner shall be permitted to have supplied to
him, at his own expense, such books, newspapers, or other
means of occupation other than those furnished by the prison,
as are not, in the opinion of the Visiting Committee, or in
their absence, and pending their approval, in the opinion of
the governor, of an objectionable kind.
Employment.
18. Such prisoners may be permitted to work, and may
follow their respective trades and professions. Such prisoners
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 Commissioners, for the use of implements and the cost of
maintenance.
Visits to and Communications with Prisoners.
19. The Visiting Committee may, by permission in any
special case for special reasons, prolong the period of the
visit allowed to any such prisoner, or accord additional visits
or letters to such reasonable extent as they may deem
advisable.
276 THE PRISON RULES, 1878.
20. The place in which such prisoners receive their visits
shall not be the same as that in which criminal prisoners
receive their visits, if any other suitable place can con-
veniently be provided.
21. No such prisoner who is attended or visited by a
minister of a church or persuasion differing from the Esta-
blished Church shall be compelled to attend any religious
services, except those of the said church or persuasion ;
but, subject to the foregoing provisions, such prisoner shall
attend Divine service on Sundays and on other days when
such service is performed, unless prevented by illness or
excused by the governor or Visiting Committee for any other
reason.
22. No other privileges than the foregoing shall be allowed
to such prisoners.
23. Misdemeanants of the first division shall also be sub-
ject to any general rules made by the Secretary of State for
the government of prisons, except so far as the same are
inconsistent with the special rules relating to such misde-
meanants.
24. The foregoing rules relating to misdemeanants of the
first division shall (to the exclusion of any other rules ap-
plicable exclusively to any particular class of prisoners) apply
also to —
{a.) Any prisoner committed under any rule, order, or
attachment for contempt of court.
(b.) Any prisoner sentenced to imprisonment on convic-
tion for sedition or seditious libel.
2G. The foregoing rules shall come into operation on the
15th of April, 1878.
Settled and approved this 19th day of February, 1878,
RlCH D AsSHETON CkOSS,
One of Her Majesty's principal Secretaries of State.
Special Rules for Debtors.
In pursuance of The Prison Act, 1877, I hereby make the
THE PRISON RULES, 1878. 277
following special rules with respect to prisoners who are
debtors : —
Admission, Discharge, and Removal.
1. Such prisoner shall not be required to take a bath on
reception, if, on the application of the prisoner, the governor
shall decide that it is unnecessary, or the surgeon shall state
that it is, for medical reasons, unadvisable.
2. He shall at all times, except when at chapel or exercise,
occupy the cell or room assigned to him.
Food, Clothing, and Bedding.
3. Any such prisoner who prefers to provide his own food
shall give notice thereof beforehand at the time required, but
the governor shall not permit such prisoner to receive any
prison allowance of food at any meal for which he procures
or receives food at his own expense.
4. Articles of food shall be received only at such hours
as may be laid down from time to time. They shall be in-
spected by the officers of the prison, and shall be subject; to
such restrictions as may be necessary to prevent luxury or
waste.
5. Any such prisoner shall not, during the 24 hours, re-
ceive or purchase more than one pint of malt liquor, fermented
liquor, or cider, or, if an adult, half a pint (8 ozs.) of wine.
6. No such prisoner shall be allowed to sell or transfer any
article whatsoever allowed to be introduced for his use to any
other person.
Person al Clean liness .
7. Such prisoner shall not be compelled either to have his
hair cut or (if he usually wears his beard, etc.) to shave,
except on account of vermin or dirt^ or when the surgeon
deems it necessary on the ground of health and cleanliness ;
and the hair of such prisoner shall not be cut closer than
may be necessary for the purpose of health and cleanliness.
8. The beds of such prisoners shall be made, and the rooms
and yards in their occupation shall be swept and cleaned by
them, every morning. The furniture and utensils appro-
priated to their use shall be kept clean and neatly arranged
by them.
278 THE PRISON RULES, 1878.
Religious Instruction.
9. No such prisoner who is attended or visited by a
minister of a church or persuasion differing from the Esta-
blished Church, shall be compelled to attend any religious
services except those of the said church or persuasion ; but,
subject to the foregoing provisions, such prisoner shall
attend Divine service on Sundays and on other days when
such service is performed, unless prevented by illness or
excused by the Visiting Committee or governor for any other
reason.
Visits to and Communications ivitlt Prisoners.
10. The Visiting Committee or governor, before granting
any permission, wbich by the following rules they are au-
thorized or required to grant, shall satisfy themselves that
it can be granted without interfering with the security, good
order, and government of the prison and prisoners therein ;
and if, after it has been granted, its continuance seems likely
to cause any such interference, or the prisoner has abused
such permission, or been guilty of any misconduct, the Visit-
ing Committee shall have power to suspend or withdraw such
permission, and in the like circumstances the governor may
suspend or withdraw the same if it has been granted by him-
self, or, if the case is urgent, suspend it if it has been granted
by the Visiting Committee, provided that he report the case
within 24 hours to them.
11. The place in which such prisoners receive their visits
shall not be the same as that in which criminal prisoners
receive their visits, if any other suitable place can conve-
niently be provided.
12. Each such prisoner shall be permitted to be visited by
one friend or relation, or (if circumstances permit) by two
such persons at the same time once a month, for a period of
a quarter of an hour, during such hours as may from time to
time be appointed. They shall also be allowed to write one
-letter and to receive one letter in each month.
13. The Visiting Committee may, by permission in any
special case, for special reasons, prolong the period of the
visit allowed to any such prisoner, or allow him to be visited
by more than two persons at the same time.
THE PRISON RULES, 1878. 279
14. Debtors shall also be subject to any general rules made
by the Secretary of State for the government of prisons, ex-
cept so far as the same are inconsistent with the special rules
relating to debtors.
15. The foregoing rules relating to debtors shall apply to
any person committed to prison for default in payment of
any debt, or instalment of any debt, or any sum of money,
due from or payable by such person in pursuance of any
order or judgment of any county court or other competent
court, or any order of a justice or justices, unless , by the
terms of the warrant of commitment, the imprisonment is to
be with hard labour .
16. The foregoing rules shall come into operation on the
15th of April, 1878.
Settled and approved this 19th day of February, 1878,
RlCH D - ASSHETON CROSS,
One of Her Majesty's principal Secretaries of State.
General Rules for Government of Prisons.
In pursuance of The Prison Act, 1877, I hereby make the
following general rules for the government of prisons : —
Admission, Discharge, and Removal of Prisoners.
1. Every prisoner shall take a bath on reception, unless it
shall be otherwise directed in any prrrttettlar case by the
governor or medical officer, or as provided in the rules.
2. Every prisoner shall on admission be examined by the
surgeon separately.
3. If any prisoner is found to have any cutaneous <lisoas ( \
or to be infested with vermin, means shall be taken effectually
to eradicate and destroy the same.
4. Every prisoner shall be weighed on reception, and
subsequently at such periods as the Commissioners may
order or the surgeon may require, and the result shall be
recorded by the surgeon.
5. Every prisoner may, if required for purposes of justice,
be photographed on reception and subsequently ; but no
280 THE PRISON RULES, 1878.
copy of such photograph shall be given to any persons
except those officially authorized to receive it for the pur-
poses of identification.
6. Such of the clothing, linen, and other articles belong-
ing to prisoners as may be retained in the prison shall, if
necessary, be washed, cleaned, or disinfected as soon as
possible after they are received.
7. After prisoners are received at the prison, the abstract
of the rules relating to the conduct and treatment of prisoners
shall be read over to them, and proper means shall after-
wards be taken by the governor for making them acquainted
with the purport and effect of such rules.
8. If the divisions and cells appropriated to any class of
prisoners should be full, while other wards and cells are un-
occupied, the governor may use such spare room for prisoners
of another class, provided the prisoners of different classes
are prevented from exercising together.
9. Prisoners shall be exposed to public view as little as
possible while being removed from or to prison. In order
to avoid such exposure while passing through the public
streets, they shall, if necessary, be conveyed in a cab or
other closed vehicle.
10. The gratuity granted to a prisoner may be paid to him
through a Prisoners' Aid Society, or in such manner as the
Commissioners may direct, for the purpose of preventing its
being misapplied by the prisoner, and he may be required to
take the value of it in whole or in part in some article which
will be useful to him.
11. Before a prisoner under the age of 16 years is dis-
charged, the governor shall inform his relatives and friends
on what day and at what time he will be discharged, that
they may have the opportunity of attending to receive him ;
but if such relatives or friends are known to be bringing such
young prisoner up in evil courses, then the governor may,
with the consent of the Visiting Committee, abstain from in-
forming his relatives, if some other respectable person, to be
approved by the Visiting Committee, is willing to take care
of him, and the prisoner consents.
12. The child of a female prisoner may be received into
prison with its mother, provided it is at the breast ; in all
THE PRISON RULES, 1878. 281
such cases an authority from the committing magistrate for
the child's admission should accompany the prisoner on
reception.
13. Any such child so admitted shall not be taken from
its mother until the surgeon of the prison certifies that it is
in a fit condition to be removed.
14. When any such child has attained the age of nine
months, the surgeon shall report whether it is desirable or
necessary that it should be any longer retained ; but except
under special circumstances, no such child shall be kept in
prison after it has arrived at the age of 12 months.
15. Any such child so retained may be supplied with
clothing at the public expense.
16. Previous to the discharge of any such child, the
governor shall ascertain from the relations whether they are
willing and in a position to receive it ; in the event of their
being unable to do so, he shall cause it to be sent to the
union or workhouse of the parish in which the mother was
apprehended, having previously communicated thereon with
the workhouse authorities.
Food, Clothing, and Bedding of Prisoners.
17. A prisoner who has any complaint to make regarding
the diet furnished to him, or wishes his diet to be weighed
to ascertain whether he is supplied with the authorized
quantity, must make his request as soon as possible after
the diet is handed to him, and it will be weighed in his
presence and in that of the officer deputed for that pur-
pose. Should, however, repeated complaints of a ground-
less nature be made by any prisoner under colour of this rule,
with the evident purpose of giving annoyance or trouble, it
shall be treated as a breach of prison discipline, and the
offender will be liable to punishment accordingly.
18. Such additional clothing and bedding may be issued
during severe weather, or in special cases, as the surgeon
may deem requisite.
19. A conjdcied criminal prisoner shall, during the whole
of his sentence when it does not exceed one month, and
during one month of his sentence When it exceeds one month,
be required to sleep on a plank bed. The prisoner shall be
282 THE PRISON RULES, 1878.
allowed the opportunity of earning by industry the gradual
remission of this requirement after the expiration of one
month ; but after he has earned such remission, he shall be
liable to forfeit the same on account of idleness, inattention
to instruction, or misconduct.
Personal Cleanliness.
20. Prisoners shall obey such regulations as regards /
washing, bathing, hair cutting, and shaving as may be from V
time to time established with a view to a proper mainten- /*
ance of health and cleanliness.
21. They shall be allowed a proper supply of clean linen,
towels, etc.
22. No prisoner shall be stripped or bathed in the pre-
sence of any other prisoner.
23. Prisoners shall keep their cells, utensils, clothing, and
bedding clean and neatly arranged, and shall clean and sweep ^
the yards, passages, and other parts of the prison as may be
directed, unless provision for the performance of these duties
is otherwise made in accordance with the rules.
Employment of Prisoners.
24. A male prisoner above 16 years of age, who has been
committed to prison to be imprisoned with hard labour, shall,
during the whole of his sentence when it does not exceed
one month, and during one month of his sentence when it
exceeds one month, be kept to hard labour of the first class.
Moreover he shall for the rest of his term of imprisonment
be kept to hard labour of the first class, unless he avail him-
self of the opportunity which shall be duly given to him of
earning, by industry, the privilege of remission to hard
labour of the second class ; and after he has earned such
privilege, he shall be liable to forfeit the same on account of
idleness, inattention to instruction, or misconduct.
25. No prisoner who is a Jew shall be compelled to labour
on his Sabbath.
Religions Instruction .
26. Each prisoner who can read shall be furnished with a
Bible and prayer book, such as is approved for the denomi-
nation to which he belongs.
K
THE PRISON RULES, 1878. 283
27. The chaplain shall, as soon as possible after the 31st
December, send to the Prison Commissioners a report with
reference to the year on the religious and moral condition
of the prisoners, the result of the instruction given in the
schools, and such other matters belonging to his department
as he may from time to time be desired to report on.
28. He shall report periodically, and from time to time,
for the information of the Commissioners, on such points
connected with his department as he may think it desirable
to bring before them, or as they may from time to time
direct.
29. He shall attend the prison daily, recording in his
journal the times of his arrival and departure, as well as of
his presence in the chapel, and the duties he performed.
30. He shall notify the times of the administration of the
Holy Sacrament, and that prisoners desiring to become
communicants must signify their wish to him before the
time appointed, in order that he may confer with them
thereon.
31. He shall see and admonish the prisoners on admission
and discharge ; he shall also occasionally see each prisoner
separately.
32. He shall daily visit the infirmary and sick and the
prisoners under punishment in the punishment cells, and
attend at all reasonable times any prisoners who may require
spiritual advice and assistance.
33. He shall pay particular attention to a prisoner under
orders for execution or committed on a charge punishable
with death.
34. A prison minister shall be made acquainted with the
names of all prisoners of his persuasion, and with such other
particulars respecting them as may be necessary for the
performance of his duties.
35. Such prison minister shall have access to such
prisoners at the usual hours for the purpose of affording
to them religious instruction ; but he shall not hold com-
munication with any prisoners other than those of his own
persuasion.
36. Such prison minister shall perform Divine service at
such times as may be appointed, if it should appear to the
284 THE PRISON RULES, 1878.
Commissioners that there is a substantial number of prisoners
to attend, and the circumstances of the prison admit of the
necessary arrangements for the purpose being made.
37. Such prison minister shall, so far as may be practica-
ble, see and admonish every prisoner of his persuasion, both
on admission and on discharge, and he shall visit any prison-
ers of his persuasion who may require spiritual advice and
assistance.
38. Such prison minister shall visit the sick prisoners of
his persuasion as the exigencies of each case may require.
39. Such prison minister shall pay particular attention to
a prisoner of his persuasion under order for execution or
committed on a charge punishable with death.
40. Such prison minister shall have access to the catalogue
of books to be issued to prisoners, and no book to which he
makes objection shall be issued to any prisoner of his per-
suasion.
41. Such prison minister shall, in carrying out his duties,
be careful not to interfere with the established rules and
regulations of the prison or the routine of discipline and
labour. He shall confer with the governor on all points
connected with his duty ; and he shall co-operate with him
and with the other officials of the prison in promoting the
good order of the establishment so far as concerns the duties
of his office.
Instruction.
42. A library shall be provided in each prison, consisting
of such books as may from time to time be sanctioned by
the Commissioners, which may be furnished to the prisoners
under the conditions laid down from time to time ; and except
as provided in the rules, no newspapers or books, other than
those supplied to the prison library, shall be permitted for
the use of prisoners.
43. The school shall be under the superintendence of the
governor or the chaplain, as may be directed.
41. Prisoners who do not do their best to profit by the
instruction afforded them may be deprived of any advantages
which might be accorded to them, in the same way as if they
had beeu idle or negligent at labour.
THE PRISON EULES, 1878. 285
Visits to and Communications with Prisoners.
45. A convicted prisoner, after three months of the term
of his sentence have expired, shall, provided his conduct and
industry have been satisfactory, be allowed to communicate
with his relatives and respectable friends by letter, and to be
visited by them in the prison ; and subsequently he shall
be allowed the same privilege at intervals, to be determined
according to his good conduct and industry.
No other person shall be allowed to communicate with a
prisoner except by special authority. These privileges may
be forfeited at any time for misconduct or breach of regula-
tions of the prison.
46. No visitor shall be admitted until he has given his
name and address,' and relationship to or connection with
the prisoner, if any, and these particulars shall be duly
recorded.
47. If a member of the Visiting Committee shall have
issued an order that any particular person shall not be
allowed to visit a prisoner, or if the governor shall know
any sufficient cause why any visitor should not be admitted,
the governor shall refuse admission to such person, duly
recording the circumstances in his journal, and reporting the
same to the Visiting Committee.
48. Visitors to prisoners shall be admitted only to the
place appropriated for the purpose, except in special cases
under the authority of the Commissioners of Prisons ; and
in the case of prisoners reported by the surgeon to be
seriously ill, who may be visited elsewhere by any near
relative or friend, by a written order of the governor.
49. Male prisoners shall be visited in the presence of a
male officer ; female prisoners in the presence of a female
officer.
50. The Visiting Committee may, in any special case, for
special reasons, extend the period of the visit allowed to any
prisoner.
51. No person shall be allowed to visit a prisoner on a
Sunday, except in cases of emergency.
52. Officers of police may visit prisoners for the purpose
of identification, on production of an order from the proper
police or magisterial authority.
286 THE PRISON RULES, 1878.
53. If there are reasonable grounds for suspecting that
any person, who is admitted within the prison for the pur-
pose of seeing a prisoner, brings in or takes out any articles
for an improper purpose, or contrary to the regulations of
the prison, the governor is authorized to suspend the visit of
such person, duly recording the fact in his journal, and
reporting it to the Visiting Committee.
54. If any person is committed to prison in default of the
payment of any sum which in pursuance of any conviction
or order he is required to pay, such person shall be allowed
to communicate by letter with and to see any of his friends
at any reasonable time, for the bond fide purpose of pro-
viding for the payment which would procure his release from
prison.
Prison Offences.
55. No prisoner shall be punished until he has had an
opportunity of hearing the charges and evidence against him,
and of making his defence.
56. No dietary punishment shall be inflicted, on any
prisoner, nor shall he be placed in a punishment cell, nor
shall corporal punishment be inflicted, unless the surgeon
shall certify that such prisoner is in a fit condition of health
to undergo such punishment.
57. The following offences committed by male prisoners
convicted of felony, or sentenced to hard labour, will render
them liable to corporal punishment : —
1st. Mutiny, or open incitement to mutiny, in the prison;
personal violence to any officer of the prison ;
aggravated or repeated assault on a fellow-prisoner;
repetition of insulting or threatening language to
any officer or prisoner.
2nd. Wilfully and maliciously breaking the prison win-
dows, or otherwise destroying the prison property.
3rd. When under punisbment, wilfully making a disturb-
ance tending to interrupt the order and discipline
of the prison, and any other act of gross misconduct
or insubordination requiring to be suppressed by
extraordinary means.
THE PRISON RULES, 1878. 287
58. Corporal punishment, in the case of prisoners over
18 years of age, shall be inflicted with a "cat" or birch
rod; and in the case of prisoners under 18 years of age,
with a birch rod ; the instruments, in both instances, shall
be of a pattern approved by the Secretary of State.
59. The number of lashes inflicted on a prisoner over 18
years of age shall not exceed 36 ; or on a prisoner under 18
years of age, 18.
60. The order for the punishment shall be duly entered in
the appointed manner, and the number of lashes, and the
instrument w T ith which they are to be inflicted, shall, in all
cases, be stated in such order.
61. No irons or other means of restraint shall be made
use of except those of such patterns as have been approved
by the Secretary of State.
Prisoners under Sentence of Death.
62. A prisoner under sentence of death may be visited by
such of his relations, friends, and legal advisers as he may
desire to see, by an order in writing from a member of the
Visiting Committee.
63. If any person make it appear to a member of the
Visiting Committee that he has important business to trans-
act with the convict, such member may grant permission,
in writing, to such person to have a conference with the
prisoner.
Prison Officers.
64. It is the duty of all officers to treat the prisoners with
kindness and humanity, to listen patiently to and report their
complaints or grievances, being firm at the same time in
maintaining order and discipline, and enforcing complete
observance of the rules and regulations of the prison.
65. Officers shall duly inform the governor of any prisoner
who desires to see him, or to make any complaint or prefer
any request to him or to any superior authority. Any
neglect in carrying out this instruction will be most severely
dealt with.
66. It shall be the duty of every officer to direct the
attention of the governor to any prisoner who may appear
288 THE PRISON RULES, 1878.
to him not in health, although he may not complain ; or
whose state of mind may appear to him deserving of special
notice and care, in order that the opinion and instructions of
the medical officer may be taken on the case.
67. No officer shall strike a prisoner, unless compelled to
do so in self-defence.
68. No subordinate officer, on any pretence whatever,
through favour, or mistaken notions of kindness, shall fail to
make an immediate report to the governor, or other his
superior officer, of any misconduct or wilful disobedience of
the prison regulations.
69. No subordinate officer shall unnecessarily converse
with a prisoner, nor allow any familiarity on the part of
prisoners towards himself or any other officer of the prison ;
nor shall he on any account speak of his duties, or of any
matters of discipline or prison arrangement, within the hearing
of the prisoners.
70. No officer shall have any pecuniary dealing whatsoever
with any prisoner, or employ any prisoner on his private
account, nor shall he correspond with or hold any intercourse
with the friends or relatives of any prisoner, unless expressly
authorized by the governor ; nor shall he make any unautho-
rized communications concerning the prison or prisoners to
any person whatever.
71. All officers shall be careful not to allow any prisoners
under their charge to be employed, directly or indirectly, for
the private benefit or advantage of any person or persons, or
in any way not in conformity to the established rules of the
prison.
72. All officers will be held responsible for being fully
acquainted with the rules and orders relating to their respec-
tive duties. They shall strictly conform to and obey the
orders of the governor in every respect. They shall assist
him in maintaining order and discipline among the prisoners.
For this end, punishment for prison offences must sometimes
be resorted to by the governor, upon their report ; but good
temper and good example on the part of the officers will
have great influence in preventing the frequent recurrence of
offences, and the necessity for such punishments.
73. Every officer shall treat members of the Visiting
THE PRISON RULES, 1878. 289
Committee with the greatest courtesy and respect. Any
infringement of this rule will render the offender liable to
severe punishment.
74. Any officer desiring to appeal against any decision
which affects him, or wishing to bring any matter before
superior authority, will state his complaint for the considera-
tion of the Commissioners.
75. No officer shall use tobacco or spirituous liquors within
the prison walls, except under such restrictions as to time
and place as may be laid down by the governor and approved
by the Commissioners.
76. Every officer who shall, contrary to orders, bring in
or carry out, or endeavour to bring in or carry out, or
knowingly allow to be brought in or carried out to or fox-
any prisoner, any money, clothing, provisions, tobacco,
letters, papers, or other articles whatsoever, shall be forth-
with suspended from his office by the governor of the prison,
who shall report the offence to the Commissioners.
77. Officers may, if the terms of the contract permit it,
purchase provisions for the use of themselves and their
families at the contract rates.
78. All reports, etc., by officers ordered by The Prison Act,
1865, shall be made to the Commissioners.
Gaoler or Governor.
79. The governor may, if the terms of the contract permit
it, purchase provisions for the use of his family at the con-
tract rate ; but with this exception, he shall not have for his
own use, or that of any other person, any dealings with any
tradesmen supplying the prison.
80. He shall take care that the labour of all the prisoners
is made use of in such a way as to be to the best advantage
to the public service, and shall not employ or allow to be
employed any prisoner in any private work whatever, for
himself or for any other officer of the prison.
81. All orders or communications having reference to any
department of a prison shall be addressed to the governor as
the responsible head of the establishment, whose duty it shall
be to communicate them as the orders of superior authority
to all officers of the department concerned, and they shall be
19
290 THE PRISON RULES, 1878.
obeyed in the same manner as if addressed to those officers
themselves.
82. He shall bring to the notice of the Visiting Committee
the case of any child of tender years who may be sentenced
to imprisonment in the prison, in order that they may, if
they think fit, report the case to the Secretary of State.
83. He shall use his best endeavours to assist in the
identification of prisoners, and with that object shall furnish
to the governors of other prisons and to the police any
information in his power.
84. He shall not allow any person to view the prison,
except as provided by statute, or with an order from the
Commissioners, or by persons authorized according to in-
structions which may be issued from time to time, and shall
be careful that no visitor holds any communication with any
prisoner unless duly authorized to do so.
85. He shall notify to the chaplain or the visiting minister
of the religious denomination to which a prisoner belongs,
any case in which the life of such prisoner appears to be in
danger.
86. He shall carry into effect the written directions of
the medical officer for the supply of any additional articles
which the medical officer may deem necessary in any parti-
cular case.
87. He shall pay attention to the ventilation, drainage, and
sanitary condition of the prison, and take such measures as
may be necessary for their being maintained in perfect order.
88. The governor and medical officer shall frequently
examine and see that the washing places, baths, fumigating
ovens, and other provision for like purposes are in efficient
working order ; and it shall be the duty of any officer to
report at once any defect by which these arrangements do
not effect their proper object.
89. He shall hear the reports every day at such hour as
shall be most convenient.
90. He shall take care that every prisoner having a com-
plaint to make or request to prefer to him should have ample
facilities for doing so, and he shall redress any grievance or
take such steps as may seem necessary, recording the same
in the appointed manner.
THE PRISON RULES, 1878. 291
91. He shall forward to the Commissioners without delay
any report or complaint which any officer of the prison may
desire to make to them, and shall on no account suppress it,
but he may offer any explanation with it which it may seem
to require.
92. He shall inform the Visiting Committee of any prisoner
who desires to see them.
93. He shall enforce the observance of silence throughout
the prison, and prevent all intercourse or communication
between the prisoners, so far as the conduct of the business
of the prison or the labour of the prisoners will permit, and
shall take care that all necessary and unavoidable intercourse
or communication between them be conducted in such man-
ner only as he shall from time to time direct.
94. He shall, at least once in each day, visit every cell in
which a prisoner is located in solitary confinement, and shall
see that every prisoner in a punishment cell shall be visited
during the day at intervals of not greater than three hours
by the appointed officer.
95. He shall take care that no prisoner is subjected to
any punishment which the medical officer is not satisfied he
is capable of undergoing.
96. In case he shall put a prisoner in irons or under
mechanical restraint, he shall give notice thereof forthwith to
the Visiting Committee, and he shall not keep a prisoner in
irons or under mechanical restaint for more than 21 hours
without an order in writing from the Visiting Committee,
specifying the cause thereof and the time during which the
prisoner is to be kept in irons or under mechanical restraint,
which order shall be preserved by the governor as his
warrant.
97. Upon the death of any prisoner the governor shall
give immediate notice thereof to one of the Visiting Com-
mittee.
98. The governor, before granting any permission for any
purpose to any prisoner by authority of the rules applicable
to the class to which such prisoner belongs, shall satisfy
himself that it can be granted without interfering with the
security, good order, and government of the prison and the
prisoners therein ; and if after it has been granted its con-
292 THE PRISON RULES, 1878.
tinuance seems likely to cause any such interference, or the
prisoner has abused such permission, or has been guilty of
any misconduct, he shall have power to suspend or withdraw
such permission. Further, where such permission has been
granted by the Visiting Committee, he shall, in the like
circumstances, have power to suspend it, if the case is
urgent, provided that he report the same, within 24 hours, to
them.
99. He shall enter in his journal all cases, together with
the reasons, where such permission as is mentioned in the
foregoing rule has been granted, suspended, or withdrawn,
whether by himself or by the Visiting Committee.
100. He shall, if any doubt arises as to which class of
rules is applicable to any prisoner, report the case forthwith
to the Commissioners for reference to the Secretary of State,
whose decision thereon shall be final.
Matron.
101. The matron shall take care that no male officer or
visitor enters the division of the prison allotted to females,
unless accompanied by herself or some other female officer.
. Surgeon.
102. The surgeon shall medically examine every prisoner
on reception, and shall record his state of health and such
other facts connected therewith as may be directed.
103. He shall inform the governor of any particular point
which he may become aware of in regard to the prisoners
person, which might assist in identifying him.
104. He shall report to the governor the case of any
prisoner to which he may think it necessary on medical
grounds to draw attention ; and whenever he shall be of
opinion that the life of any prisoner is endangered by his
continuance in prison, he shall state such opinion and the
grounds thereof in writing to the governor, who shall duly
report the circumstance to the Commissioners.
105. He shall examine every prisoner sentenced to hard
labour, and shall report if he is unfit to be kept at hard
labour of either the first or second class or at any particular
kind of labour, and shall assist when called on in assigning
THE PRISON RULES, 1878. 293
the task of labour according to the physical capacity of a
prisoner. He shall from time to time examine the prisoners
during the time of their being employed at hard labour, and
shall report and enter in his journal the name of any prisoner
whose health he thinks to be endangered by a continuance at
hard labour of any particular kind, and report the same to
the governor ; and thereupon such prisoner shall not again
be employed at such labour until the surgeon certifies that he
is fit for such employment.
10G. He shall report to the governor any case in which
Nthe discipline or treatment seems likely to injure the health
pf any prisoner, and the governor shall issue such directions
as the circumstances may require.
107. He shall examine any prisoner before corporal punish-
J ment is inflicted on him, and certify whether or not such
prisoner is fit for corporal punishment.
108. He shall keep such statistical records of the health
of the prisoners as may be directed.
109. He shall report periodically, and from time to time
as may be directed, on the general health and sanitary con-
dition of the establishment, the health of the officers, their
capability for performing their duties, the health of the
prisoners, and in reference to any other point upon which he
may be directed to report.
110. No article, whether of food, bedding, clothing, or of
any other kind, shall be received into the prison until it has
been examined to ascertain that it contains nothing contrary
to the rules of the prison, and the admission of any article
which appears likely to be used for an improper purpose may
be refused by order of the governor.
111. The foregoing rules shall come into force in each
prison on the 15th day of April, 1878.
Settled and approved this 19th day of February, 1878.
RlCHD. ASSHETON CROSS,
One of Her Majesty's principal Secretaries of State.
294
INDEX.
Aberystwith :
borough prison of, to be discontinued, 48, 103.
Abolition :
of office of prison officers, provisions as to, 27, 179, 180.
of distinction between gaol and house of correction, 29, 98.
of local obligation to maintain prisons, 8, 163.
Abstract of Regulations, &c. :
to be posted up in every cell. 133.
duties of gaoler as to, 133, 280.
Abuses in Prisons :
chaplain to communicate to gaoler, 126.
to enter in his journal, 126.
entries as to, by justice of the peace, in visitor's book, 23, 162.
Prison Commissioners to inquire into, 18, 156.
Visiting Committee to report on, 22, 160.
Visiting Committee to bring to notice of the Commissioners, 263.
Accommodation : (See Cell Accommodation).
Accountants :
appointment of, 16, 154.
Accounts :
what to be kept by gaoler, 131.
Act:
short title of, (1865). 1, 60 ; (1877), 1.119.
commencement of (186.5). 1, 60; (1877), 1, 149.
application of (1865), 1. 60 ; (1877), 1, 150.
Gaol, meaning of term, 5, 107.
Action :
for anything done under P. A.. 1865. provisions as to, 16, 94.
as to costs in, 46, 94.
venue and commencement of, 47. 94.
recovery of penalties by. under Mutiny Act. 212.
Acts :
named in Schedule III. of P. A., 1865, repeal of, 52, 106.
INDEX. 295
Acts (continued) —
saving clauses as to repeal of, 52, 53, 106.
saving clause as to repealed provisions referred to in certain, 53, 107.
inconsistent with the P. A., 1877, repealed, 54, 192.
Aid Society, Prisoners' : (See Prisoners' Aid Society).
Airing Grounds :
included in term " prison," 2, 61.
Alderman :
not to be interested in any contract relating to borough gaol, 208.
penalty for being so interested, 208.
Allowance :
to prisoners, on their discharge from prison, 43, 89, 173, 280.
to prison authority, in respect of uncompleted prison, 11, 166.
out of earnings, to debtors, 121.
to acquitted prisoners, &c, 121.
to prisoners awaiting trial, 271.
to misdemeanants of first division, 275.
Annuity :
to prison officers by way of superannuation, 27, 70, 108, 180, 194.
of prison officers, apportionment and payment of, 28, ISO.
Apartments :
removal of prison officers from, 28. 71.
when visitors not to sleep in, of subordinate officers, 115.
Application :
of P. A., 1865, 1, 60.
of P. A., 1877, 1, 150.
summary, to a judge for removal of prisoner, 30, 172.
Appointment :
of prison officers, to vest in Secretary of State, 14, 151.
general provisions as to, 23, 24, 66, 109.
of Prison Commissioners, 15, 153.
of Inspectors, officers, and servants, provisions as to, 16, 154.
of subordinate officers, 18, 155.
of Visiting Justices, 20, 96.
repeal of provisions as to, of Visiting Justices, 20, 158.
of Visiting Committee of prisons, 21, 158.
rules as to first, of Visiting Committee, 250, 251.
of Visiting Committee, by what sessions to be made, 252 — 258.
rules as to, of Visiting Committee, after the year 1878, 262.
of chaplain to two prisons, 26, 69.
of assistant-chaplain and deputy gaoler, 26, 69.
of Inspectors, repeal of 5 & 6 Will. IV., c. 38, s. 7, as to, 53, 188.
of Surveyor-General of prisons, 82.
Apportionment :
of annuity granted to prison officers, 28, 180.
296 INDEX.
Appropriation :
of prisons for purposes of classification, 30, 31, 83, 170, 171.
of court houses, kc, within the curtilage of a prison, 14, 191.
Arbitration :
certain differences may be referred to under P. A. 1865, 47. 95.
power of Secretary of State and of prison authority to refer any
matter to, under P. A.. 1877, 47, 194.
of dispute respecting contract for maintenance of prisoners, 83.
difference as regards amount payable in respect of lands included
in term " prison," under P. A... 1877, may be referred to, 197.
of disputes, as to contribution by ridings, &c, to gaol expenses, 202.
of disputes, respecting 'payment of costs of certain prosecutions,
207.
Arithmetic :
prisoners to be taught, 127.
Assignee :
power of. to obtain payment of loan made to a prison authority,
under P. A.. 1865, 80.
Assistant-Chaplain: (See also Chaplain).
when he may be appointed. 26, 69.
to be a clergyman of the Established Church, 26, 69.
notice of appointment of, to be sent to bishop. 26 69.
not to officiate until licensed by the bishop, 26, 69.
powers and duties of, 126.
substitute to be provided on death of, 126.
when he may accept assistance in performance of Divine service,
126.
may perform chaplain's duties on execution of capital sentences, 229.
Assisting Prisoners to Escape :
offence of, and punishment for, 40, 87.
Bankruptcy :
to what prison, court having jurisdiction in, may commit, 230.
penalty for refusal by gaoler to receive persons committed. 230.
Bedding :
criminal prisoner may procure or receive before trial. 118.
of criminal prisoner not to be sold, &c, to other prisoners. 118.
convicted criminal prisoners to have prison allowance of, 119.
sufficient, to be provided for every prisoner, 120,
to be aired, changed. &c, as often as surgeon, &&, may direct, 120.
debtor may provide himself with, 118.
not to sell to other prisoners, 118.
allowance of. to debtor, if unable to provide himself with, 118.
included in term " furniture and effects," 5, 195.
duty of surgeon respecting insufficiency of, 137.
when additional may be issued to prisoners, 281.
articles of, not to be received into prisons until examined, 293.
when gaoler may refuse admission of articles of, 293.
INDEX. 297
Beds:
of prisoners, and regulation as to sleeping, 120, 270, 275, 277, 281.
Beer:
prisoners awaiting trial, and debtors, may provide themselves
with, US, 269", 270, 277.
what quantity of, they may receive or buy, 270, 277.
quantity of. for misdemeanants of first division, 274.
not to be sold to other prisoners, 118, 270, 274, 277.
allowance of, to convicted criminal prisoners, 119.
Benefice :
not to be held by prison chaplain in certain cases, 26, 69.
Bishop :
notice of appointment of chaplain and of assistant-chaplain to be
sent to, 26, 69.
chaplain and assistant-chaplain to obtain licence from, 26, 69.
reference to be made to, to decide difference of opinion between
chaplain and visiting justices respecting books for religious
instruction, 125.
Books :
special rules to be made as to retention of, by unconvicted prisoners,
39, 184.
provisions as to retention of, by unconvicted prisoners, 269.
when chaplain to direct what shall be distributed, &c, in prison for
religious instruction, 125.
when prison minister to approve those intended for religious in-
struction, 126.
difference of opinion respecting, between chaplain and visiting jus-
tices, to be referred to the bishop. 125.
catalogue of, to be kept by gaoler, 126.
prison minister to have access to catalogue of. 284.
included in term " furniture and effects," 5. 195.
gaoler to be responsible for safe custody of, 134.
what to be kept by gaoler, 134.
of prison, Visiting Committee may inspect. 264.
supply of, to prisoners awaiting trial and to misdemeanants of the
first division, 265, 270, 275.
power of prison minister to object to issue of certain, 284.
of what, prison library is to consist, 284.
what may be issued to prisoners, 284.
Borough: (See Municipal Borough).
Borough Gaol: (See also Prisons),
mayor, &c, not to be interested in any contract relating to, 208.
penalty for being so interested, 208.
may be built beyond the limits of the borough, 20S.
Borough Rate :
how far expenses of prisons to be charged upon, 7, 65.
298 INDEX.
Borough Rate {continued) —
money borrowed for prisons to be charged upon, 79.
power of prison authority to borrow on security of, and to levy as
if P. A., 1877, had not passed, 189.
Public Works Loan Commissioners may lend on security of, 190.
how far loan for prison purposes may be repaid out of, 210.
gaol rate to be made in the same manner as, 211.
Bradninch :
borough prison of, to be discontinued, 48, 103.
Bridewell : (See Prisons).
included in term " prison," 2, 61.
Buildings :
when included in term " prison," 2, 61, 197.
Calendar of Prisoners :
to be delivered by gaoler, to judges of assize and justices at Quarter
Sessions, 33, 100.
sheriff no longer to be liable to deliver, 33. 100.
to be transmitted by gaoler to Secretary of State, 139.
Capital Punishment Amendment Act, 1868 :
provisions of, 227, 228, 229.
Catalogue : (See also Inventory),
of all books, &c, admitted into prison to be kept by gaoler, 126.
of books issued to prisoners, prison minister to have access to, 284.
Cell Accommodation :
for a prisoner, definition of, 8. 196.
" sufficient accommodation," for prisoners, defined, 6, 196.
provision of, 7, 65.
termination of local obligation to provide, 8, 163.
when compensation to be made by prison authority in respect of
unprovided, 8, 163.
how to be calculated, for certain purposes, on discontinuance of a
prison, 52, 177.
compensation to be made to prison authority in respect of, when
provided for prisoners of another authority. 9. 164.
compensation to prison authority in respect of, when more than
adequate for its own prisoners, 10, 165.
Cells :
separate, to be provided in prisons, 34, 72.
to be certified for confinement of prisoners, 35, 73.
to be furnished with means of communication with officers, 35, 73.
when certified, to be distinguished by number, &c, 36, 74.
certified before P. A., 1865, to be deemed to be certified under, 36, 107.
abstract of certain regulations. &c., to be posted up in, 133.
of females, to be secured by locks different from those of males, 135.
INDEX. 299
Cells {continued) —
to be examined frequently by subordinate officer!?. 138.
punishment, to be provided and certified, 35. 36, 72, 73.
limitation of time of confinement in, 40, 186.
daily list of prisoners confined in, to be delivered to
chaplain and surgeon. 133.
prisoners confined in, to be visited daily by surgeon, 136.
prisoners confined in, to be visited daily by chaplain,
283.
prisoners not to be placed in, without surgeon's certi-
ficate, 286.
how often prisoners in, to be visited by appointed
officer, 291.
when prisoners awaiting trial and misdemeanants of the first
division may occupy specially fitted, 265. 266, 268, 273.
in what, misdemeanants of first division are to be placed on
admission, 273.
misdemeanants of first division and debtors to occupy those
assigned to them, 273, 277.
when, for one class of prisoner?, may be used for another, 280.
duty of prisoners in keeping clean, 282.
how often prisoners in solitary confinement in, to be visited, 291.
Certificate :
of Inspector of Prisons, as to fitness of cells for prisoners, 35. 36, 73.
may be varied or withdrawn, 36, 73, 74.
of surgeon, to be given before removal. &c, of prisoners, 117.
as to unfitness of prisoners for hard labour, 122.
as to unfitness of female prisoner for hard labour, 122.
as to due execution of judgment of death, 227.
required for infliction of certain punishments, 286.
as to fitness of prisoner for hard labour, 293.
as to execution of judgment of death, penalty for signing a false. 228.
printed copy of, to be exhibited near entrance of the prison. 228.
medical, with respect to superannuation of prison officers, 27, 70, 180.
Chairman :
of Prison Commissioners, Secretary of State may appoint, 15, 153.
of Visiting Committee, to be appointed by Committee, 263.
of Visiting Committee, to report names, Sec, of members to Secre-
tary of State, 263.
Chapel :
when to be provided for prison, 79.
when room to be used as, 124.
to be used only for religious worship, or for religious and moral
instruction of prisoners, 79.
Chaplain: (See also Assistant-Chaplain),
to be appointed for every prison, 24, 67.
300 INDEX.
Chaplain (continued) —
to be a clergyman of the Established Church, 24, 67
appointment of, to two prisons, 26, 69.
may not hold benefice or curacy in certain cases, 26. 69.
notice of appointment of, to be sent to bishop. 26, 69.
not to officiate, unless licensed by bishop, 26, 69.
to read prayers daily, 124.
to read portions of Scripture when giving religious instruction, 124.
when to preach, 124.
when to give religious and moral instruction to prisoners, 124.
when to administer the Holy Sacrament, 124.
to give notice as to administration of the Holy Sacrament, 283.
frequently to visit every room and cell of the prison, 124.
to direct what books shall be read and lessons taught, 124.
books, &c, for religious instruction to be chosen by, 125.
to communicate abuses in prison to gaoler, 126.
to enter abuses in prison in his journal, 126.
to take assistant-chaplain's duties in his absence. 126.
when, and in what manner, substitute may be appointed by, 126.
when he may accept help for performance of Divine service, 126.
on death of, substitute to be appointed, 126.
to have free access to prisoners under sentence of death. 130.
daily list to be delivered to, of prisoners in punishment cells, 133.
surgeon to call attention of, to prisoners appearing to require his
special notice, 137.
when to make entry of his visits in non-resident officers' book, 140.
to be present at execution of capital sentences, 227.
to sign a declaration of the due execution of capital sentences, 227.
penalty for signing false declaration, &c, 228.
duties of, as regards execution of capital sentences, may be per-
formed by assistant-chaplain or other person acting as chaplain,
229.
to send to Commissioners a yearly report on the religious condition.
&c, of prisoners, 283.
upon what matters, to report periodically, 283.
duty of, in attending prison and making entries in his journal,
283.
duty of, in seeing and admonishing prisoners, 283.
to visit daily infirmary, prisoners in punishment cells. Sac, 283.
duty of, in attending to prisoners under orders for execution, &c,
283.
when school to be under superintendence of, 284.
gaoler to notify to, case of life of prisoner in danger, 290.
Chief Officer : ( See Gaoler — Matron),
of prison, included in term gaoler, 3, 61.
Child :
when to be received into prison with female prisoner, 280.
retention and clothing of, when received, 281.
INDEX. 301
CJlild (coiitiiui/'il) —
discharge of, from prison, 281.
of tender years in prison, gaoler to report case of, to Visiting
Committee, 290.
Christmas Day :
prisoners not to be put to hard labour on, 122.
chaplain to perform Divine service on, 124.
Cider :
what quantity of, prisoners awaiting trial may procure. 270.
misdemeanants of first division may procure, 27-1.
debtors may procure. 277.
not to be sold to other prisoners, 270, 274, 277.
City:
county of a, of what county to be considered a part, 6, 197.
Civil Servants :
existing officers of prisons in receipt of military or naval half-pay
or pension, not to be subject to deduction from salary, on be-
coming, under P. A., 1877, 25, 178.
Cleanliness :
in prisons, regidations as to, 115, 270, 275, 277, 282.
personal, of prisoners, 120, 270, 275, 277, 282.
cutting hair of prisoners for purposes of, 120, 121, 270, 275. 277,
282.
power and duty of surgeon as to, on inspecting prison, 137.
Clerk of Gaol Sessions :
to be elected by court of gaol sessions, 200.
powers of, 200.
duties of, in giving notice of holding of gaol sessions, 200, 201.
not to be treasurer, 201.
salary of, 201.
duty of. as to transmitting orders for payment of gaol expenses, 202.
Clerk of the Peace :
definition of ; 3. 61.
clerk of gaol sessions to have powers of, as regard such sessions, 200.
power of, as to arbitration of dispute respecting gaol expenses. 202.
conveyances, &c, of land, &c, may be made in the name of, 219.
contracts, &c, may be entered into in the name of, 219.
lands, &c, to be vested in, 219, 220.
Clothing : (See also Dress).
debtor may procure for himself or receive, 118.
not to sell to other prisoners. 1 is. 277.
to receive prison allowance of, if unable to provide it, 118.
criminal prisoner may procure or receive, before trial. 1 IS.
not to sell, &c, to other prisoners. 118.
included in term "furniture and effects,*' 5, 195.
return of, to discharged prisoners. 120.
302 INDEX.
Clothing (continued) —
provision of, for discharged prisoners, 120.
purification and disinfection of, 120, 280.
duty of surgeon respecting insufficiency of, 1 37.
provision of, for children of female prisoners, in prisons, 281.
when additional, may be issued to prisoners, 281.
when misdemeanants of first division to wear their own, 265, 274.
suspension of officers, for carrying into or out of prison, contrary
to orders, 289.
articles of, not to be received into prisons until examined, 293.
when gaoler may refuse admission of articles of, 293.
Commencement :
of P. A., 1865, 1, 60; of P. A., 1877, 1, 149.
of action, suit, &c, for anything done under P. A., 1865, 47, 94.
Commissioners : (See Public Works Loan Commissioners — Prison
Commissioners).
Commissions :
of Gaol Delivery, &c, saving as to, 34, 109.
Commissioners Clauses Act, 1847 :
incorporation of certain clauses of, with P. A., 1865, 80.
Commitment of Prisoners :
to what prison it may be, 30, 172.
for matter arising in one county, to prison in adjoining, 30, 170, 260.
saving as to validity of, in certain cases, 30, 172.
prohibition of, to certain prisons, 48, 103.
of prisoners for trial at assizes or sessions, to what house of correc-
tion it may be, 204.
of persons convicted of capital offences, 205.
of persons by court having jurisdiction in bankruptcy, 230.
Committee: (See Visiting Committee of Prisons).
Common Law Procedure Act, 1854:
certain provisions of, to apply to arbitration, under P. A., 1865,
and P. A., 1877, 47,95, 195.
Communication: (See also Letters — Visits).
criminal prisoners to be prevented from holding. 35. 72.
between unconvicted prisoners, their solicitors and friends, special
rules to be made as to, 39, 184, 185.
with prisoners by friends, &c, regulations as to. 127, 271, 275, 278,
285, 286.
supply of paper, &c., to prisoners awaiting trial for purposes of,
with friends, 271.
confidential written, of prisoner awaiting trial to his solicitor, to
be exempt from examination, 271.
written, what to be considered as a letter, and inspected. 271.
unauthorised, not to be made by officers as to prison, &c, 288.
INDEX. 303
Com munication {continued) —
unauthorised, between visitors and prisoners to be prevented, 290.
between prisoners, duties of gaoler as to, 291.
Compensation :
by a prison authority in place of prison accommodation, 8, 163.
when deduction may be made from amount of, 9, 164.
Public Works Loan Commissioners may lend money for payment
of, 9, 164.
to a prison authority in respect of accommodation provided for
prisoners of another authority, 9, 164.
in respect of ' accommodation more than adequate for prisoners of
an authority, 10, 165.
not to be paid in respect of certain discontinued prisons, 10, 166.
when Secretary of State may decline to recommend payment of,
10, 166.
to persons deprived of office by closing of prisons scheduled in P. A.,
1865, 49, 105.
power of justices in sessions assembled to allow, to officers of cer-
tain discontinued prisons, 225, 226.
Complaints :
against officers, by inspector of prisons, to be reported, 17, 77.
duty of Visiting Committee as to, 22, 160, 264.
power of a Justice of the Peace as to, 23, 162.
of prisoners as to food, when to be made, 281.
when complaints of prisoners as to food may be punished, 281.
made by prisoners, prison officers to report, 287.
by prisoners, gaoler's duty in hearing, &c, 290.
by prison officers, when gaoler to send to Commissioners, 291.
Confinement :
of prisoners, before and during trial, 30, 170, 259.
after conviction, 31, 171.
limitation of time of, in punishment cells, 40. 186.
of debtors, and non-criminal prisoners, 31, 35, 72, 171, 259.
Constable :
power of, to convey a prisoner to or from prison, 32, 172.
every prison officer to be a, 131.
Contempt of Court :
treatment of persons imprisoned for, 40, 186, 267.
commitment of prisoners in, from borough to county gaol, 209.
Contracts :
by prison authority, how to be made, 11, 64.
by prison authority for maintenance, &c, of prisoners, 8, 82.
how expenses of, to be defrayed, 83.
determination of, between prison authorities. 12, 168.
provision as to, when intended to be renewed. L0, 165.
power of Prison Commissioners to make, 18, 100.
304 INDEX.
Contracts (continvcd) —
all debts due in respect of, to be paid by prison authority, 13, 1G9.
continuing, provision as to, 13, 169.
for supply of prison, officers not to have any interest in, 131.
when they may be entered into in name of Clerk of the Peace, 219.
mayor, &c, not to be interested in, relating to borough gaols. 208.
prison, members of Visiting Committee not to be interested in. 263.
prison, when prison officers may purchase provisions under, 239.
prison, when gaoler may purchase provisions under, 289.
Conveyance :
by or to prison authority, how to be executed, 11. 64.
of land, &c, may be made to Clerk of the Peace in counties, 219.
to be valid, although not enrolled, 220.
Convict Prisons :
P. A.. 1865, and P. A.. 1877, not to apply to, 1, 61, 150.
provisions of The Prevention of Crimes Act, 1871, as to registering
and photographing criminals, not to apply to, 232.
Coroner :
jurisdiction of, how far affected by transfer of prisons, 30, 171.
duty of, as to holding inquests on prisoners dying in prison, 44, 93.
death of a prisoner in prison to be reported to, 133.
to what house of correction he may commit prisoners for trial. 204.
duty of, as to holding inquests on bodies of executed criminals,
227.
Corporal Punishment of Prisoners :
order of two justices required for, 22, 161.
to be attended by gaoler and surgeon, 130.
duty of surgeon in giving directions on infliction of, 130.
gaoler to carry into effect surgeon's directions respecting, 130.
particulars of, to be entered by gaoler in punishment book, 130.
of military offenders, 237.
of marine offenders, 244.
surgeon's certificate required for infliction of, 286.
what offences to render certain male prisoners liable to, 286.
how to be inflicted, 287.
of what number of lashes to consist, 287.
order for, to specify number of lashes, &c, and to be entered
287.
surgeon to examine prisoners, and certify their fitness for, 293.
Councilman :
not to be interested in any contract relating to borough gaol, 208.
penalty for being so interested, 208.
County :
definition of, 6, 196.
of a city, or of a town, to be included in term ' borough," in P. A.,
1877,2, 197.
INDEX. 305
County {continued') —
city of London to be deemed to be a, 6, 196.
of what, certain counties of cities, &c, to be deemed part. 6, 197.
how far liable to maintain prison, 7, 65.
termination of obligation of a, to maintain a prison. &c, 8 163.
certain gaols still to be deemed part of, although within limits of a
municipal borough, &c, 208, 209.
one prison, at least, to be continued in every, except, Sec, 51, 175.
County Gaol : (See also Prisons).
when to remain part of the county, although within limits of a
municipal borough, 208, 209.
when certain borough debtors, &c, may be committed to, 209.
expenses of borough prisoners in, how to be defrayed, 212.
expenses of conveyance. &c, of borough prisoners to, 213.
confinement of debtors in, when adapted for them as a class, 216.
County Kate :
how far liable for prison accommodation, 7, 8, 65.
money borrowed for prisons to be charged upon. 79.
prison authority may borrow on security of, and levy, as if P. A.,
1877, had not passed, 189.
Public Works Loan Commissioners may lend on security of, 190.
when municipal borough to be free from, 214.
mortgage of, by court of gaol sessions in ridings or divisions, 203.
proportions of, for gaol expenses in ridings or divisions. 201
how repayment of loans for prison purposes to be charged upon, 211.
Court Houses :
appropriation of, situate within precincts of a prison, 14. 191.
may be bought by Secretary of State, 14, 192.
Creditors :
of prison authority, saving of rights of, 12, 167.
saving of rights of, as regards discontinued prisons, 50, 10S.
Crime :
registration and photographing of persons convicted of, 230 — 235.
definition of, in The Prevention of Crimes Act, 1871, 232, note (/•).
Criminal Prisoners : (See Prisoners — Female Prisoners).
Curacy :
not to be held by prison chaplain in certain cases, 26, 69.
Custody :
of prisoners when in prison. 14. 31, 98, 151, 172.
when prisoners to be deemed to be in legal. 32, 1 72.
safe, of debtors, how far gaoler bound to give security for, 32, 99.
safe, of prisoners, to vest in Secretary of State, 14, 151.
of prisoners in a substituted prison, 34, 102.
of journals and other documents, gaoler to be responsible for, 134.
306 INDEX.
Death :
jurisdiction, &c. of sheriff as regards prisoners under sentence of,
not to be affected, 31, 33, 98, 174.
provisions as to prisoners under sentence of, 130.
of prisoners in prison, provisions as to, inquests in case of. 44, 93,
187.
duty of gaoler on, 133. 291.
duty of surgeon on, 137.
visits to prisoners under sentence of, 130, 162, 287.
prisoners convicted of offences rendering them liable to punishment
of, &c, may be committed to house of correction, 205.
execution of judgment of, to be carried out within prisons, 227.
to be certified by surgeon, 227.
declaration of, to be signed by sheriff,
&c, 227.
Secretary of State may make rules, &c,
as to, 228.
rules, &c., so made to be laid before Parliament, 228.
rules so made. 228.
duties of sheriff, &c, as to, may be performed by deputies, 229.
saving clauses as to legality and manner of, 229.
duty of coroner and jury at inquest on the body of an executed
criminal, 227.
Debtors :
in what prisons to be confined, 31, 171. 259.
escape of from prison, how far sheriff liable for, 32. 100, 174.
to be separated altogether from criminal prisoners, 35, 72.
how far gaoler bound to give security for safe custody of, 32, 99.
may maintain themselves in prison, 118, 277.
not to sell food, &c, to other prisoners, 118, 277.
to receive prison allowance, if unable to maintain themselves. 118.
what quantity of malt liquor, &c, they may procure or buy. 277.
may be permitted to work and follow their trades, &c, 121.
earnings of. provisions as to, 121.
daily exercise of, in open air, 1 23.
how far they may be employed in prison offices, 131.
certain borough, &c, may be removed to county gaol. 209.
may be confined in common gaol of county, when, 216.
special rules for, 276—279.
to what other persons the special rules for, are to apply. 279.
when not to be required to take a bath on reception. 277.
to occupy rooms or cells assigned to them. 277.
personal cleanliness of, special rules as to, 277.
attendance of, at Divine Service, 278.
power and duties of Visiting Committee and gaoler as to granting
permission to, in certain cases. 278.
when visits to, and to criminal prisoners, r.ot to be in same place,
278.
by whom and how often to be visited, 278.
INDEX. 307
Debtors (continued) —
what letters may be written and received by, 278.
power of Visiting Committee to prolong period of visits, or to
increase number of visitors to, 278.
how far to be subject to general prison rules, 279.
Debts :
existing, to be defrayed by prison authority, 13, 169.
mortgage, to be paid by prison authority, 13, 169.
definition of "mortgage debt," 13, 169.
rules may be made as to treatment, &c, of prisoners confined for
non-payment of sums in nature of, 38, 183.
rules as to debtors to apply to prisoners confined for non-payment
of sums in the nature of, except, &c, 279.
Declaration :
of execution of judgment of death, to be signed by sheriff, &c., 227.
penalty for making a false declaration, 228.
to be sent to Secretary of State, 228.
printed copy of, to be exhibited at or near prison entrance, 228.
Defendant :
in action may plead the general issue, 46, 91.
costs of, and against, in action, 46, 94.
when action to be commenced against, 47, 94.
Definition of Terms :
general provisions as to, 2, 61, 198.
"borough," 2, 61, 197.
"municipal borough," 2, 61.
"prison," 2, 61, 197.
"gaoler," 3, 61.
" clerk of the peace," 3, 61.
" treasurer," 3, 61.
"quarter sessions," 3, 61.
"criminal prisoner," 3, 61.
" prisoner," 3, 195.
" prison authorities," 3, 62.
'• justices in sessions assembled," 4, 63.
" separate prison jurisdiction," 4, 66.
" Gaol Act," 5, 107.
"furniture and effects belonging to a prison.'' 5, 195.
" maintenance of a prisoner," 5, 195.
" sufficient accommodation for prisoners," 6 196.
" cell accommodation for a prisoner," 6, 196.
"county," 6, 196.
" riding," 6, 196.
"mortgage debt," 13. 169.
" existing officers of a prison," 25, 177.
" prison service," 27, 180.
303 INDEX.
Definition of Terms (continued) —
" regulation," 141.
"subordinate officers," 141.
Deputy Gaoler : (See also Gaoler),
appointment of, 26, 69.
powers and duties of, 135.
may appoint a substitute, 135.
may perform duties of gaoler on execution of capital sentences, 229.
Deserters :
military, apprehension and imprisonment of, 240, 241.
justice of peace to make report respecting, 241.
payments by and to gaoler in respect of, 241.
reward to be paid for apprehension of, 241.
transfer of, 241.
temporary custody of, in prisons, 241.
from the marines, apprehension and imprisonment of, 248.
justice of peace to make report respecting, 248.
payments by and to gaoler in respect of, 248.
reward to be paid for apprehension of, 248.
transfer of, 249.
temporary custody of, in prisons, 249.
Diet: (See Food).
Discharge of Prisoners : (See Prisoners).
Discharged Prisoners :
allowance to, 43, 89, 173.
how allowance to, may be paid. 280.
assistance of Visiting Committee as to disposal of allowance to.
266.
provision for, of means of returning to place of settlement, 43, 90.
return of clothing to, 120.
provision of clothing for, 120.
Discontinuance of Prisons :
provisions as to, of certain, 48, 103.
by order of Secretarv of State. 50. 1 75.
effect of, 51, 176.
duties and powers of Secretary of State and of prison authoritv on
51, 176, 177.
rule as to confinement of prisoners, debtors. &c, on, of certain
under P. A., 1877, 259.
Disguise :
conveyance of, into prison, with intent to facilitate escape of
prisoner, to be felony, 40, 87.
Divine Service :
when to be performed by chaplain. 124.
attendance of criminal prisoners at, 125.
what prisoners exempt from attendance at. 125.
when chaplain may accept assistance for performance of, 126.
INDEX. 309
Divine Service {continued) —
non-criminal prisoners may be excused from attending, 264.
attendance at, of prisoners awaiting trial, 272.
attendance at, of misdemeanants of first division, 276.
attendance of debtors at, 278.
when prison minister is to perform, 283, 284.
Divisions of Counties :
maintenance of prison by, 7, 65.
termination of local obligation of, to maintain a prison, 8, 163.
in what, court of sessions for the gaol to be held, 199.
powers of justices of the peace of, as respects gaol sessions, 200.
in what proportions rates to be paid by for gaol expenses, 201.
proportions to be settled by arbitration in case of dispute, 202.
order for payment of proportions to be sent to treasurer of, 203.
court of gaol sessions in, may mortgage county rates, 203.
in what manner rates to be charged upon, 203.
county gaol to be deemed to be within each division, 204.
Documentary Evidence Act, 1868 :
certain provisions of, to apply to rules made by Secretary of State
under P. A., 1877, 45, 56, 192, 193.
Documents :
description of prison in, 33, 100.
punishment for carrying into, or out of prison, contrary to regula-
tions, 41, 88, 298.
rules as to retention of, by prisoners may be made by Secretary of
State, 39, 184.
rule as to retention of, by prisoners awaiting trial, 269.
included in term '•furniture and effects," 5, 195.
gaoler to be responsible for safe custody of, 134.
Dress : (See also Clothing).
conveyance of, into prison, with intent to facilitate escape of
prisoner, to be felony, 40, 87.
of criminal prisoners before trial, 119.
after conviction, 119.
of misdemeanants of first division, 274.
Earnings :
of debtors in prison, provision as to, 121.
allowance out of, to acquitted prisoners, 121.
Prison Commissioners to examine into amount of prisoners', 18. 156.
to report on, of convicted prisoners, 19, 167.
what portion of, to belong to prisoners awaiting trial, 271 .
what portion of, to belong to misdemeanants of first division; 275.
Easement :
may be purchased and held by prison authority, 90.
to be included in term " lands." 91.
Effects : (See Furniture and Effects).
310 INDEX.
Employment : (See also Hard Labour).
of prisoners in prison, regulations as to, 121, 122, 123.
of prisoners, when not sentenced to hard labour, 123.
of prisoners in prison offices prohibited, 131.
of prisoners, in instruction of prisoners, prohibited, 131.
of debtors, in their own trades, &c, 121.
of debtors in prison offices, 131.
in necessary prison services, when it may be deemed hard labour
of second class, 37, 75.
in their own trades, &c, of prisoners awaiting trial, 271.
of misdemeanants of first division in their own trades, &c, 275.
of prisoners in private capacities, prohibited, 288, 289.
Escape :
of prisoners from prison, how far sheriff liable for. 32, 100, 174.
offence of assisting, 40, 87.
Established Church :
chaplain to be a clergyman of, 24, 67.
assistant-chaplain to be a clergyman of, 26, 69.
prayers selected from liturgy of, to be used, 124.
prisoners of persuasion, &c, differing from, not to be compelled to
attend Divine Service, 125.
when debtors of persuasion, &c, differing from, not to be compelled
to attend Divine Service, 278.
Estate (Legal) :
in prisons, &c, to vest in Prison Commissioners, 15, 191.
how to be disposed of by Prison Commissioners, 15, 191.
Exercise : (See Prisoners — Debtors).
Fast Day :
prisoners not to be put to hard labour on public. 122.
Faversham :
borough prison of, to be discontinued, 48, 103.
Felony :
certain offences in relation to prisons to be, 40, 87.
Female Prisoners :
for a prison where they are imprisoned, a matron and female
officers to be appointed, 24, 67.
to be attended by female officers, 132.
matron or female officer to accompany gaoler on visits to. 132.
to be imprisoned in separate buildings from the men, 35, 72.
to be searched on admission by female officers, 117.
admission to, and discharge of, &c, from prison, 117, 280.
hair of, not to be cut without consent, except, &c, 120.
employment of, at hard labour, 122.
locks of cells of, to be different from those of males, 135.
every part of prison occupied by, to be visited daily by matron, 135.
matron to see, at least once a day, 135.
INDEX. 311
Female, Prisoners {continued) —
punishments of, to be entered by matron in her journal. 136.
when infant children of, may be received into prison with, 280.
retention and clothing of children of, in prison, 281.
discharge of children of, from prison, 281.
duty of matron to accompany, &c, male officers, &c, on entering
part of prison allotted to, 292.
to be visited in presence of a female officer, 285.
Fermented Liquor :
punishment for carrying into prison, contrary to regulations, 41, 88
allowance of, to convicted criminal prisoners, 119.
what quantity prisoner awaiting trial may receive or buy, 269, 270.
what quantity of, misdemeanants of first division may receive or
buy, 274.
what quantity of, debtors may receive or buy, 277.
not to be sold to other prisoners, 270, 274, 277.
Food:
special rules to be made as to, of unconvicted prisoners, 39, 185.
rules &c, to be made as to supply of, to prisoners, 45, 76.
of prisoners, when under care of surgeon. 119.
debtor may provide himself with, 118, 277.
debtor not to sell to other prisoners, 118, 277.
debtors to receive prison allowance of, if they do not provide it, 118.
allowance of, to convicted criminal prisoners, 119.
prisoners may procure for themselves, before trial, 118, 269.
prisoners not to sell, &c, to other prisoners, 118, 270.
prisoner before trial to receive prison allowance of, if he does not
provide it himself, 119.
duty of surgeon respecting quality of bad, 137.
duty of Visiting Committee and gaoler as to inspection of, 264, 293.
provision and reception of their own by misdemeanants of first
division, rules as to, 265, 274.
complaints, &c., of prisoners as to, when to be made, 281.
when repeated complaints as to, may be punished, 281.
suspension of officers for carrying, into or out of prison contrary to
orders, 289.
articles of, not to be received into prisons until examined, 293.
when gaoler may refuse admission of articles of, 293.
Franchise :
of what county to be considered a part, 6, 197.
maintenance of prison of, 7, 65.
termination of local obligation of, to maintain a prison, 8, 163.
Friends : (See Communication — Prisoners — Visits).
Furniture and Effects belonging to a Prison :
definition of, 5, 195.
to vest in Secretary of State, 14, 151.
legal estate in, to vest in Prison Commissioners. 15, I'M.
Secretary of State to direct mode of disposal of, 15, 191.
312 INDEX.
Gaming :
prohibition of, in prison, 121.
Gaol : (See also Prisons).
included in term prison, 2, 61.
abolition of distinction between, and house of correction, 29, 98.
of a county divided into ridings, &c, to be deemed to be within
each riding, &c, 201.
when to remain part of county, although within limits of municipal
borough, 208, 209.
for what municipal boroughs to be provided, 211.
Gaol Act :
meaning of term, 5, 107.
Gaoler : (See also Deputy-Gaoler),
definition of, 3, 61.
to be appointed for every prison, 23, 66.
to keep visitors' book, 134.
to call attention of Visiting Committee to entries made in the
visitors' book, 23, 162.
matron to be deemed to be, when, 24, 67.
prisoners in prison to be deemed to be in legal custody of, 31, 98.
provisions as to giving security by, to sheriff, 32, 99.
description of prison in writ addressed to, 33, 100.
to deliver calendar of prisoners to judges of assize and justices in
quarter sessions, 33, 100.
to obey commission of gaol delivery, &c, 34, 109.
limitation of power of, to confine in punishment cells, 40, 186.
power of, to bring up prisoners for trial, &c, 42, 100.
when to discharge prisoners on Saturday, 43, 89.
payment by, of gratuity to discharged prisoners, 43, 89, 173.
when visitors not to sleep in prison without permission of, 115.
to report permission to Visiting Justices, 115.
when to make entries as to ingress and egress from prison, 116.
to retain, and to keep an inventory of, certain effects found on
prisoners, 116.
to register name, age, &c, of criminal prisoners, 116.
record of health of criminal prisoners to be kept by, 116.
to seize and destroy all dice, cards, or instruments of gaming, 121.
to report to surgeon names of prisoners wishing to see him, or out
of health, 123.
to make certain entries in surgeon's journal, 124.
duty as regards reading prayers, &c, daily, 124.
power of, to exempt prisoners from attending Divine Service, 1 25.
to keep a catalogue of all books, &c, admitted into prison, 126.
abuses in prison to be communicated to, by chaplain, 126.
powers and duties of, as regards visitors to prisons, 127, 285.
no punishment, &c., for prison offences to be awarded except by,
fee, 128.
what offences against prison discipline may be punished by, 128.
INDEX. 313
\iolcr (continued?) —
to make entries in punishment book, as to punishment of prison
offences, 128, 160.
to report to Visiting Committee when prisoners guilty of repeated
offences against discipline, 129, 160.
to report to Visiting Committee when prisoner guilty of offence
against discipline, which he cannot punish, 129, 160.
duty of Visiting Committee as to reports by, of misconduct, &c, of
prisoners, 263.
powers and duties of, as to placing prisoners in irons, &c, 129, 264,
291.
to attend infliction of corporal punishments, 130.
to make entries as to corporal punishments, 130, 287.
duties of, as regards prisoners under sentence of death, 130.
to reside in prison, 132.
not to be under-sheriff, &c, nor concerned in any employment, 132.
to conform to and be responsible for observance of law and
regulations of prison, 132.
to enforce performance of duties by prison officers, 132.
not to allow subordinate officers to be employed in any private
capacity, 132.
power of, to suspend subordinate officers, 132, 289.
to visit whole of prison and every male prisoner once, at least, a
day, 132.
in default of daily visits, to enter in journal extent and cause of
omission, 132.
once a week, at least, to go through prison at an uncertain hour
of the night, 132.
to make entry of night visits in journal, 132.
to be attended by matron, &c, when visiting female prisoners,
132.
to post up in cells abstract of certain regulations, 133.
duty of, as to reading, abstract of regulations to prisoners, 133, 280.
to report to surgeon prisoners disordered in mind, &c, 133.
to carry out surgeon's directions as to such prisoners, 133.
to notify illness of prisoners to surgeon, and daily to deliver to
him a list of prisoners complaining of illness, removed to
infirmary, &c, 133.
to deliver to chaplain and surgeon daily lists of prisoners confined
in punishment cells, 133.
duty of, on death of a prisoner, 133, 291.
to report eases of insanity to Prison Commissioners, 133, 156, 289.
what books and accounts to be kept by, 134.
to be responsible for safe custody of journals, books, &c, 134.
absence of, from prison, provisions as to, 134.
when he may appoint a substitute, 135.
recommendation of, requisite for absence of matron, 136.
consent of, required for appointment of deputy matron, 136.
journal of matron to be laid daily before, 136.
surgeon to report specially to, in writing, where mind of a prisoner
314 INDEX.
Gaoler {continued) —
is, or is likely to be, injuriously affected by discipline or treat-
ment, 137.
officers of prison to obey, 138, 288.'
subordinate officers to perforin duties directed by, 138.
leave of required, for absence of subordinate officers, 138.
for reception of visitors by subordinate officers. 1 38.
keys, &c, of subordinate officers to be left with, during their
absence, 138.
all prohibited articles to be delivered to, when seized, 138.
notice to be given to, of conveyance of prohibited articles into,
or of property out of, prison, 139.
to transmit calendar of prisoners to Secretary of State, 139.
what books of, to be examined by the Commissioners, 139, 156, 289.
to present to the Commissioners a certificate as to requisitions with
respect to separation of prisoners and enforcement of hard
labour having been complied with, 140, 156. 289.
to be responsible for safe custody of non-resident officers' book, 141.
duty of, in producing non-resident officers' book, 141, 156.
allowances to, in certain cases, to be continued, 217, 289.
to keep a register of the religion, &c, of prisoners, 223.
to inform prison minister of names, &c, of prisoners belonging to
the church or persuasion of such minister, 223, 283.
to be present at execution of capital sentences, 227.
to sign a declaration of due execution of capital sentences. 227.
duties and powers of, as regards execution of capital sentences, may
be performed by, and to be vested in the deputy gaoler, &c,
228.
penalty for refusal of, to receive bankruptcy prisoners, 230.
duties of, as to making returns of, and sending photographs of,
habitual criminals to registrar of criminals, 231, 233, 234.
penalty for refusal or neglect of, to make such returns, 231.
penalty for wilfully making return containing false or imperfect
statement, 231.
duties of, as to reception and custody of military offenders under
the Mutiny Act, 236.
duty of, as to reception &c, of soldiers, 236.
duty of, on removal of military prisoners, and on their discharge in
certain cases, 237, 238.
to provide subsistence, &c, for military offenders in prison, 239.
what payment to be made to, in respect of such subsistence, 239.
duties of, on expiration of imprisonment of soldiers, or of persons
suspected to be soldiers, 240.
what payments to be made by, and to, in respect of military
deserters in custody, 240, 241.
duties of, and payments to, respecting temporary custody of
military deserters, 241.
penalty for refusal of, to receive, &c. military offenders, 242.
duty of, as to reception and custody of offenders under the Marine
Mutiny Act, 242.
INDEX. 315
Gaoler (continued) —
to receive any marine into custody, 243.
duty of, on removal of a prisoner of marines, and on his discharge
in certain cases, 245, note (y), 246.
to provide subsistence, &c, for marines in prison, 246.
payments to, for such subsisteiice, &c, 246, 243, note (x).
duties of, on expiration of imprisonment of marines, or of persons
suspected to be marines, 246, 247.
what payments to be made to, in respect of marines discharged
from prison, 247.
what payments to be made by, and to, in respect of deserters from
the marines, 248.
duties of, and payments to, respecting temporary custody of
deserters from the marines, 249.
power of Visiting Committee as to reports by, of misconduct, &c. ,
of prisoners, 263.
duty of, when prisoners' diet does not fulfil terms of contract, 264.
when prison routine may be modified by, as regards prisoners
awaiting trial, 265, 269.
duty of, in regard to visits to prisoner under order for execution,
266.
may dispense with prisoner awaiting trial taking a bath on ad-
mission. 268.
how money of prisoners awaiting trial, in hands of, to be applied, 269.
what books, &c, prisoner awaiting trial is to be allowed by, to
retain, 269.
not to permit prisoner before trial providing his own food to have
prison allowance at same time, 269.
power of, as to supply of books to prisoners awaiting trial, and to
misdemeanants of first division, 270, 275.
when to inspect written communications of prisoners awaiting trial,
271.
money in hands of, belonging to misdemeanants of first division,
how to be applied, 274.
not to permit misdemeanants of first division providing their own
food, to have prison allowance at same time, 274.
not to permit debtor who provides his own food to have prison
allowance at same meal, 277.
duties and powers of, as to granting, &c, permission in certain
cases, 268, 273, 278, 291.
entries to be made by, in journals as to granting, &c, permission in
certain cases, 292.
power of, to use spare cells of prisoners of one class for prisoners of
another, 280.
duty and power of, as to discharge of prisoners under sixteen years
of age, 280.
duty of, as to discharge of children of female prisoners, 281.
prison minister to confer with, and to co-operate with, 284.
when school to be under superintendence of, 284.
prison officers to inform, of prisoners wishing to see him, 287.
31 G INDEX.
Gaoler (continued) —
attention of, to be called to prisoners out of health, &c, 287.
subordinate officers immediately to report to, misconduct, &c, of
prisoners, 288.
restrictions may be made by. as to use, within prison walls, of
tobacco, &c, by officers, 289.
when he may buy provisions under prison contract, 289.
when not to have dealings with any tradesman supplying the
prison, 289.
duties of, as regards labour and employment of prisoners, 289.
orders, &c, relating to any department of prison to be addressed
to, 289.
duty of, as to orders, &c, relating to departments of prison, 289.
to report to Visiting Committee case of child of tender years in
prison, 290.
duty of, in aiding in identification of prisoners, 290.
when not to allow persons to view the prison, 290.
to prevent unauthorised communications between visitors and
prisoners, 290.
to notify to chaplain, &c, when prisoner's life appears in danger,
290.
to carry out written directions of surgeon as to supply of additional
articles, 290.
to pay attention to ventilation, drainage, &c, of the prison, 290.
to examine frequently the washing places, baths, &c, 290.
at what hour to hear reports, 290.
duty of, as to hearing complaints, and redressing prisoners' griev-
ances, 290.
when to send reports or complaints by prison officers to Commis-
sioners, 291.
to inform Visiting Committee of prisoner desiring to see them, 291.
duties of, in enforcing silence, as to communications between
prisoners, &c, 291.
duties of, as to visits to prisoners in solitary confinement or in
punishment cells, 291.
not to allow punishment of prisoners unable to undergo it, 291.
to report to Commissioners any doubt as to class of rules applicable
to prisoners, 292.
surgeon to inform, of points likely to aid in identifying prisoners,
292.
when surgeon to report to, case of a prisoner on medical grounds,
292.
when to report to Commissioners of prisoner's life being endangered,
292.
duty of surgeon in reporting to, as to prisoners employed at hard
labour, 293.
surgeon to report to, when discipline, &c, likely to injure prisoner's
health, 293.
power of, to refuse admission of articles likely to be used for im-
proper purposes, li'Jo.
INDEX. 317
Gaol Rate :
may be marie in certain municipal boroughs for payment of money
borrowed for prison purposes, 210.
to be made in the same manner as borough rate, 211.
Gaol Sessions :
to be held in certain counties, 199.
power of justices of the peace in, 200.
clerk of, to be elected by court of gaol sessions, 200.
powers of clerk of, 200.
duties of clerk of, in giving notice as to holding of, 200, 201.
at what place to be held, 201.
court of, to elect a treasurer of county gaol, 201.
to fix salaries of clerk and treasurer, 201.
to fix proportions in which county rate shall be paid
for gaol expenses, 201, 202.
may mortgage county rates, 203.
duty of clerk of, as to payment of proportions of rates, 202.
in what manner to charge rates upon ridings and divisions, 203.
justices assembled at, to be prison authorities, for counties divided
into ridings or divisions, 5, 62.
at what, Visiting Committee to be appointed in Yorkshire and
Lincolnshire, 250, 262.
Gate Porter :
duties of, 139.
General Issue :
may be pleaded to action, under P. A., I860, 4G. 91.
General Sessions :
included in term "quarter sessions," 3, 61.
Good Friday :
prisoners not to be put to hard labour on. 122.
chaplain to perform Divine Service on, 121.
Government of Prisons :
regulations and rules for, provisions as to, 44 — 46 ; 76, 109. 192.
schedule of regulations as to, made under P.A., 1865. 115 — 141.
general rules as to, made under P. A., 1877, 279 — 293.
special rules as to prisoners awaiting trial, 268 — 272.
misdemeanants of first division, 272 — 276.
debtors, 276—279.
Governor of Prison : (See Gaoler — Matron),
included in term "gaoler," 3, 61.
Gratuity :
to superannuated prison officers, 27, 70, 179, 180.
prison officer not to receive, from prisoners or visitors, 131.
318 INDEX.
Gratuity {continued—)
assistance by Visiting Committee as to disposal of, earned by a
prisoner, 266.
Grounds :
of prison, included in term " prison," 2, 61.
Habitual Criminals :
who are to be deemed, 234, 235.
registration and photographing of, 230 — 235.
duty of gaoler as to returns and photographs of, 233, 234.
Hair Cutting :
hair of female prisoners not to be cut, except, &c, 120.
hair of male criminal prisoners, regulation as to cutting, 121.
hair of prisoners awaiting trial, provisions as to cutting, 270.
hair of misdemeanants of first division, cutting of, 275.
hair of debtors, provisions as to cutting of, 277.
prisoners to obey regulations as to, 282.
Hard Labour :
requisitions of P. A., 1865, as to, 36, 74.
misdemeanants not sentenced to, to be divided into two divisions,
37, 102.
when employment in necessary prison services may be deemed, of
the second class, 37, 75.
criminal prisoners not to be put to, before trial, 121.
of the first class, regulations as to, 121, 122.
of the second class, regulations as to, 122.
days of exemption from, 122, 282.
prisoners sentenced to, or employed at, to be examined by surgeon.
122, 292, 293.
employment of prisoners not sentenced to, 123.
hours of instruction not to be deducted from hours of, 127.
record to be kept of employment of prisoners at, 134.
gaoler to present to Commissioners a certificate as to the requisitions
respecting enforcement of, having been complied with, 140,
156,289.
Prison Commissioners to examine into state of prisons for carrying
out provisions respecting, 18, 155.
power of Secretary of State to substitute hard labour of the second
for hard labour of the first class, 183.
employment of prisoners at, when above sixteen years of age, 282.
prisoners who do not do their best to profit by instruction, may be
treated as those idle at, &c, 284.
duties of gaoler as regards advantageous use of, 289.
Health of Prisoners : (See also Gaoler— Surgeon),
regulations as to, 123, 124, 270.
INDEX. 319
Helstone :
borough prison of, to be discontinued, 48, 103.
House :
removal of prison officer from, when occupied officially, 28, 71.
House of Correction : (See also Prisons),
included in term prison, 2, 61.
abolition of distinction between gaol and, 29, 98.
to what, prisoners may be committed, 204.
prisoners convicted of offences for which they are liable to death,
&c, may be committed to, 205.
in boroughs, mayor. &c, not to be interested in any contract relating
to, 208.
may be built beyond limits of borough, 208.
for what municipal boroughs to be provided, 211.
Hundred :
maintenance of prison of, 7, 65.
termination of local obligation of, to maintain a prison. 8, 163.
Implements :
included in term " furniture and effects," 5, 195.
likely to facilitate escape, not to be left unnecessarily exposed in
prisons, 115.
of trade, &c, deductions for, out of earnings of debtors, 121.
of trade, &c, deductions for, out of earnings of prisoners awaiting
trial, 271.
deduction for use of, from earnings of misdemeanants of first
division, 275.
Industrial Schools :
saving of powers and jurisdiction of prison authorities as to, 14, 193.
Infirmary :
to be provided in every prison, 124.
spirituous liquors for use of, to be under control of surgeon, 117.
list of prisoners removed to, to be delivered daily to surgeon, 133.
power of surgeon to direct prisoners to be removed to, 136.
chaplain to visit daily, 283.
Inquests :
on prisoners dying in prison, 44, 93, 187.
certain persons not to be jurors on, 44, 94, 187.
on the bodies of executed criminals, provisions as to, 227.
Insane Prisoners :
gaoler to call attention of surgeon to, 133.
to be reported to Prison Commissioners by gaoler, 133, 156, 289.
Inspectors of Prisons :
appointment of, under P. A., 1877, provisions as to, 16, 154.
320 INDEX.
Inspectors of Prisoners {continued) —
transfer of duties of existing, on commencement of P. A., 1877, 16,
187.
appointed under 5 & 6 Will. IV. c. 38, to become Inspectors under,
P. A., 1877, 16, 188.
salaries of, under P. A., 1877, 17, 155.
salaries of, appointed under 5 & 6 Will. IV. c. 38, 17, 188.
to report any irregularity or complaint against officers, &c, 17, 77.
cells for confinement of prisoners to be certified by, 35, 73.
repeal of 5 & 6 Will. IV. c. 38, s. 7. as to appointment of, 53, 188.
certificates of, may be varied or withdrawn, 36, 73, 74.
cells certified by, before P. A., 1865, to be deemed certified under,
36, 107.
duties of, under 5 & 6 Will. IV. c. 38, s. 7, 188, note 0), 205.
penalty on obstructing, 189 note («), 206.
how persons obstructing, to be proceeded against, 188 note (o), 206.
gaol of county to be certified by, before confinement of debtors. L'lt!.
Instruction of Prisoners : (See also Religious and Moral Instruction),
provisions as to, 127, 270, 275, 284.
chapel to be used only for religious or moral, &c, 79.
prisoners not to be employed in, 131.
supply of books, &c, to prisoners when awaiting trial, 270.
supply of books, &c, to misdemeanants of first division, 275.
library to be provided in every prison, 284.
issue of books to prisoners from library, 284.
treatment of prisoners who do not do their best to profit by, 2S4.
Interest :
of money borrowed, on and out of what rate or property to be
charged and paid, 80.
mortgagee, &c., may appoint receiver to enforce payment of, 80.
rate of. on certain loans made to prison authorities to be sanctioned
by Treasury, 9, 52, 164, 177.
Inventory : (See also Catalogue) .
of effects of prisoners, when to be kept by gaoler, 116.
of all furniture, &c, belonging to prison to be kept by gaoler, 134.
Ireland :
Prison Acts not to extend to, (1865), 1, 60 ; (1877) 1, 15C.
Irons :
when prisoners may be put into, 129.
duty of gaoler in case of use of, 129, 291.
limitation of time for keeping prisoners in, 129, 291.
power and duties of Visiting Committee as to placing prisoners in,
for an increased period, 264.
pattern of, to be approved by Secretary of State, 287.
order of Visiting Committee required for use of, for extended
period, 291.
INDEX. 321
Irregularity :
inspector to make report of any, in prisons, 17, 77.
Jew:
prisoner who is a, not to be compelled to labour on his Sabbath, 282.
Journals : (See Chaplain — Gaoler — Matron — Surgeon).
Judges of Assize :
calendar of prisoners to be delivered to, by gaoler, 33, 100.
Judge of High Court of Justice :
when application may be made to, for removal of prisoner from one
prison to another, 30, 172.
Jurisdiction, Separate Prison : (See Separate Prison Jurisdiction).
Jurisdiction :
over prisons, 29, 98, 173.
Jurors :
prison officers and prisoners not to be, on inquests held on bodies
of prisoners, 44, 93, 187.
who not to be, on inquests on the bodies of executed criminals, 227.
Justices of the Peace: (See also Visiting Justices — Justices in Sessions
Assembled).
members of Visiting Committee to be, 21, 158.
in boroughs, when to hold special sessions for appointment of
Visiting Committee, 21, 159. 251, 262.
corporal punishment not to be inflicted on prisoners without inquiry
by and certificate of two, 22, 161.
visits to prison and prisoners by, 23, 161.
how far jurisdiction of, over prisons, affected by P. A., 1877. 30, 173.
penalties under P. A., 1865, to be recovered before two. 41. 95.
powers of, as to removal of prison officers from apartments. &c, 71 .
presentment of, under P. A., 1865, as to building, Sec. , prisons, 78.
power of, as to infliction of punishments, &c, in prison. 128.
may in certain cases inquire upon oath respecting alleged offences
against prison discipline, and order punishment, 129.
non-resident officers' book to be produced for inspection of, when
required, 141.
of ridings or divisions of a county, power, Sec. of, as regards common
gaol of the county, 204.
to what house of correction they may commit prisoners for trial, 204.
may summon, on complaint, any person obstructing an Inspector of
Prisons, 18S, note (o), 206.
may be present at execution of capital sentences. 227.
to sign, when present, a declaration of the due execution of sue
sentences, 227.
may order conveyances. &c, of land, &c, to be made in the name of
the clerk of the peace, 219.
21
322 INDEX.
Justices of the Peace {continued) —
to report as to military deserters, 241.
to report as to deserters from the Marines, 248.
Justices in Quarter Sessions assembled :
when to be prison authorities. 3, 62.
when term "justices in sessions assembled" to mean, 4, 63.
what justices included in the term in construction of the Act, 21 &
22 Vict. c. 92, 12. 64.
calendar of prisoners to be delivered to, by gaoler, 33, 100.
power of. to grant certificate to, or to suspend certificate of, Prisoners'
Aid Societies, 221.
appointment by. of Visiting Committee of prisons, 21. 159.
rules as to appointment by. of Visiting Committee, 250 — 258, 262.
when to make first appointment of Visiting Committee, 250.
number of members of Visiting Committee, and at what sessions
to be appointed by, 252 — 258.
when to make appointments of Visiting Committee after the year
1878,262.
Justices in Sessions assembled :
definition of. 4, 63.
to have same meaning in P. A., 1877, as in P. A.. 1865, 7. 198.
powers and jurisdiction of, in relation to prisons and prisoners, to
vest in Secretary of State, 14, 151.
powers of, as to appointment of prison officers, 24, 66.
powers of, as to salaries. &c, of prison officers. 24. 70.
power of, to appoint assistant-chaplain and deputy gaoler. 26, 69.
their powers, as to superannuation of prison officers, 26, 70.
how far transfer of jurisdiction of, is to affect that of sheriff or
coroner. 30. 174.
power to award compensation to officers of prisons scheduled in
P. A., 1865, 105.
their powers as regards removal of prisoners from one prison to
another. 42. 101.
power of, to make rules in addition to prison regulations in first
schedule of P. A., 1865, 45, 76.
powers of. as regards enforcement of hard labour, 36, 37. 74, 75.
to.make rules as to admission of friends of convicted prisoners, 127.
to impose restrictions on communications and correspondence be-
tween prisoners and their friends, 127.
power of, to make rules as to prisoners not debtors nor criminal
prisoners. 141.
rules. &c, made by, to be deemed regulations within the meaning
of P. A., 1865, 141.
allowance of compensation by, to officers on discontinuance, xc, .
of prisons, 225, 226.
Keeper of Prison : (See Gaoler — Matron),
included in term " gaoler," 3, 61.
INDEX. 323
King's Lynn :
borough prison of, to be discontinued, 48, 103.
Labour: (See Hard Labour — Employment — Manufacturing Processes).
Land :
power of prison authority to purchase and hold, 90.
power of prison authority to sell, 50, 92, 93.
Prison Commissioners may hold, 16, 153.
confirmation of title to, when bought for purposes of prison, 91.
provision as to proceedings for recovery of possession of, 91.
belonging to a prison, legal estate in, to vest in Prison Commis-
sioners, 15, 191.
disposal of legal estate in, by Prison Commissioners, 15, 191.
when included in term " prison" in P. A., 1877, 2, 197.
power, &c, of Secretary of State to sell, &c, when bought by a
prison authority for purposes of a prison, 197.
justices of the peace mav order conveyances, &c, of to be made to
Clerk of the Peace, 219.
purchased for county purposes to vest in Clerk of the Peace, 219, 220.
Lands Clauses Consolidation Acts, 1845, 1860, & 1869 :
to be deemed to be incorporated with s. 49 of P. A., 1877, 192.
certain clauses of the Acts of 1845 and 1860, incorporated with
P. A., 1865, 90.
Legal Adviser :
meaning of the term explained, 271.
of prisoner, how far to see him alone, 127, 271.
special rules to be made as to communications between an uncon-
victed prisoner and his, 39, 184, 185.
provisions of rules so made, 271.
visits by, to prisoners under sentence of death. 287.
written instructions to, of prisoner awaiting trial, not to be ex-
amined by officer of prison, 271.
Legal Custody : (See Custody).
Legal Estate :
in prison, &c, to vest in Prison Commissioners, 15, 191.
how to be disposed of by Prison Commissioners, 15, 191.
Lessons :
chaplain to direct what are to be taught in prison, 124.
Letters :
punishment for carrying into or out of prison, contrary to regula-
tions, 41, 88, 289.
conveyance of, into prison, with intent to facilitate escape of
prisoner, to be felony, 40, 87.
what written communications to be considered as, 271.
power of Visiting Committee to accord additional number of, 275.
how many, debtors may write and receive, 278.
324) INDEX.
Letters (continued) —
when, and with whom, convicted prisoner may be allowed to com-
municate by, 285.
communication by. when person committed for non-payment of a
sum of money, 286.
Libel : (See Seditious Libel).
Liberty :
of what county to be considered a part. 6. 197.
maintenance of prison of, 7. 65.
termination of local obligation of, to maintain a prison, 8, 163.
Library :
to be provided in every prison, 284.
of what books to consist, 284.
issue of books from, to prisoners, 284.
Licence :
chaplain and assistant-chaplain to obtain, from bishop, 26, 69.
Lichfield :
borough prison of, to be discontinued, 48, 103.
Loan: (See Money — Interest).
Local Loans Act, 1875 :
power of prison authority to borrow in manner provided by, 189.
Public Works Loan Commissioners may lend on securities issuable
under, 190.
how far to be substituted for the Public Works Loans Act, 1875, 191.
Local Obligation :
to maintain prisons and prisoners, when to cease, 8, 163.
Lock-up Houses :
prisons scheduled in P. A., 1865, may be used as, 49, 105.
London (City of) :
who to be prison authorities in, 3. 62.
meaning of term " justices in sessions assembled," as regards, 4. 03.
to be deemed to be a county. 6, 196.
prisons belonging to, to be deemed to be within. 6. 196.
Maintenance :
of a prisoner, definition of. 5. 195.
of prisons, by separate prison jurisdiction. 7. 65.
of prisons out of public funds, 8. 150.
termination of local obligation as to. of prisons and prisoners, 8, 163.
determination of contracts between prison authorities relating to,
of prisons and prisoners, 12, 168.
deductions for, from earnings of debtors, 121.
deductions for, from earnings of prisoners awaiting trial, 271.
deductions for. from earnings of misdemeanants of first division, 275.
INDEX. 325
Maldon :
borough prison of, to be discontinued, 48, 103.
Malingering :
provisions as to application of test to detect, 40, 186.
Malt Liquor :
debtor may provide himself with, 118.
not to sell to other prisoners, 118, 277.
what quantity of, debtor may receive or buy, 277.
criminal prisoner before trial may provide himself with, 118.
what quantity prisoners awaiting trial may obtain, 269, 270.
not to sell, &c, to other prisoners, US, 270.
quantity of, for misdemeanants of first division, 274.
not to sell, &c, to other prisoners, 274.
Manufacturing Processes :
report of Prison Commissioners to contain information as to in
prisons, li>, 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, <fcc,
of prisoners. 2S3.
upon what matters chaplain to report to, periodically. 283.
power of, as to performance of Divine service by prison minister,
283, 284.
sanction of, as to books for prison library, 284.
may give directions in special cases as to place of admission for
visitors, 285.
prison officers to complain to, if desirous of appealing against deci-
sion affecting them, &c, 289.
approval by, of restrictions as to use of tobacco, Sec, by prison
officers, 289.
gaoler to report to, offence by officers of bringing into or carrying
out of prison certain articles contrary to orders, 289.
duty of gaoler in sending reports or complaints by officers to, 291.
doubt as to class of rules applicable to prisoners to be reported to,
292.
when gaoler to report to, of prisoner's life being in danger, 292.
Prison Dress : (See Dress — Clothing).
Prisoners : (See also Debtors— Female Prisoners— Misdemeanants).
" prisoner," definition of, 3, 195.
" criminal prisoner," definition of, 3, 61.
what expenses to be included in term "maintenance of," 5, 195.
not to be exempted from payment of certain costs, Sec, 6, 196.
" cell accommodation " for, defined. 6, 196.
" sufficient accommodation " for, defined, 6, 196.
accommodation for. provision of, 7, 65.
power of prison authority to contract for reception, &c, of, 8, 82.
termination of local obligation to maintain, 8, 163.
maintenance of, out of public funds, 8, 150.
average maximum number of, how computed, 11. 166.
determination of contracts between prison authorities in relation
to maintenance of, 12, 168.
control and safe custody of, to vest in Secretary of State, 14, 151.
all powers, &c, of prison authorities, &c, in relation to, to be vested
in Secretary of State, 14, 151.
condition of, to be reported on by Prison Commissioners, 19, 157.
yearly return of punishments and offences of, to be made to Parlia-
ment, 20, 158.
INDEX. 335
Prisoners {continued) —
members of Visiting Committee to have free access to, at all times,
21, 159.
Visiting Committee to be deemed Visiting Justices as regards
punishment of, when, 22, 161.
personal correction of. order of two justices required for, 22, 161.
visits to, by Justice of the Peace, 23, 97, 161.
under sentence of death, not to be visited by Justice of Peace who
is not a member of Visiting Committee, 23, 162.
prison to be certified as fit for reception of, 29, 98.
commitment and classification of, 29 — 31 ; 170 — 172.
when, for a matter arising in one county, may be committed to
prison in an adjoining county, 170, 260.
appropriation of prisons to classes of, by prison authority, 83.
public notice to be given of such appropriation, 84.
to what prison commitment of may be, 30, 172.
confinement of, before and during trial, 30, 170, 259.
confinement of, after conviction, 31, 171.
confinement of debtor and of non-criminal, 31, 171, 259.
convicted criminal, when to be taken back at public expense to
place of conviction, 31, 44. 171.
in prison, to be deemed to be in legal custody of gaoler, 31, 98.
when to be deemed in legal custody, 32, 172.
escape of, how far sheriff liable for, 32, 100, 174.
under sentence of death, sheriff's jurisdiction, &c, as to, not to be
affected, 31.33, 98, 174.
calendar of, to be delivered by gaoler, 33, 100.
custody and trial of, in a substituted prison, 34, 102.
separation of, provisions as to, 34, 72, 117, 268, 273.
criminal, not to communicate with each other, 35, 72.
cells to be certified for confinement of, 35, 73.
hard labour of, 36, 37, 74, 75, 121, 122, 123, 183, 282.
when to be divided into two divisions of misdemeanants, 37, 102.
of first division of misdemeanants, not to be deemed criminal, 38,
103.
special rules to be made for unconvicted, &c, 38, 184, 185.
rules so made, 268 — 272.
confined for non-payment of sums in the nature of debts, special
rules may be made as to treatment, &.c, of, 38, 183.
rules so made. 276 — 279.
convicted of sedition or seditious libel, treatment of, 39, 186, 276.
imprisoned for contempt of court, treatment of, 40, 186, 276.
malingering of. application of test for, 40, 186.
limitation of time of confinement of, in punishment cells, 40, 186.
assisting to escape from prison, offence of, 40, 87.
removal of, for trial, 42, 100.
removal of, by order of Her Majesty, 42, 101.
removal of, for alteration, &c, of prison, 42, 101.
removal of convicted criminal, by Secretary of State 42, 171.
removal of, by judge's order, 30, 172.
33G INDEX.
Prisoners (continued) —
discharge of, when term of imprisonment expires on Sunday. 43. 89.
discharge of, when under sixteen years of age, 280.
allowance to, on discharge from prison. 43. 89, 173.
how allowance to, on discharge from prison, may be paid, 280.
discharged, may be provided with means of returning to place of
settlement, 43, 90.
not to be jurors on inquests held on bodies of prisoners. 44. 93.
death of, in prison, duties of gaoler and surgeon on, 133, 137, 291.
death of, in prison, provisions as to inquests, 44, 93. 187.
rules, &c. to be made as to diet of convicted criminal, 45, 76.
commitment of, to certain prisons, prohibited. 48, 103.
removal of, from prisons scheduled in P. A., 1865, 48. 104.
expenses of, confined in county, instead of scheduled prisons, 49, 104.
chapel to be provided for in prison. 79.
to be searched on admission to prison, 116.
not to be searched in presence of otner prisoners. 116.
duty of gaoler as to keeping an inventory of articles found on, 116.
name, age, &c, of criminal, to be entered in nominal record, 116.
to be examined by surgeon on admission to prison. 116. 279, 292.
to be examined, &c, by surgeon, before removal or discharge, 117.
spirituous liquors, for use of, admission of, into prison, 117.
food, clothing, wine, &c, not to be sold to, by debtors, 118, 277.
awaiting trial may procure food, malt liquor. &c, 118. 269.
not to sell. &c, food, malt liquor, &c. to other prisoners. 118, 270.
to receive prison allowance of food, if they do not provide it, 119.
food of, to be inspected frequently by Visiting Committee, 264.
when additional clothing and bedding may be issued for, 281.
allowance of food to convicted criminal, 119.
dress of criminal, before trial, 119.
dress of convicted criminal. 119.
convicted criminal, restricted to prison allowance of food, &c, 119.
scales and weights and measures to be provided for use of, 119,
return of clothing to. and provision of for, on discharge, 120.
purification and disinfection of clothing, &c, of, 120, 280.
beds and sleeping of. 120. 270. 281.
personal cleanliness of. 120. 270, 275. 277. 282.
cutting hair of, 120, 270, 282.
gaming not to be permitted amongst. 121.
allowance to certain, out of earnings. 121. 271.
assistance of Visiting Committee, regarding gratuities earned by, 266.
employment of, before trial. 121. 270, 271.
exercise of criminal, in the open air. 123.
to be examined by surgeon when at hard labour. 122. 292. 293.
directions of surgeon as to. to be entered in his journal 123.
employment of, when not sentenced to hard labour, 123.
names of, appearing out of health., &c., to be reported, 123, 287.
infirmary to be provided for sick. 124.
attendance of, at Divine service. 125. 264. 272.
admission of ministers to visit, 125, 283.
INDEX.
337
Prisoners (continued) —
books and printed papers for religious instruction of, to be ap-
proved by cbaplain or minister, 125, 126, 284.
instruction of, provisions as to, 127, 270, 275, 284.
visits to, and communications with, 127, 266, 271, 275, 278, 285, 286.
powers of gaoler as regards visitors to, 127, 285, 286.
punishment of, for offences against discipline, 128, 129, 286.
putting into irons or under mechanical restraint, 129, 264, 287, 291.
under sentence of death, general provisions as to, 130, 287.
officers of prison not to sell or let to, or have pecuniary dealings
with, 131, 288.
officers of prison not to take gratuities from, 131.
how far they may be employed in prison offices, 131.
not to be employed in instruction of other prisoners, 131.
to be visited daily by gaoler, 132.
on visits to female, gaoler to be attended by matron, &c, 132.
illness of, to be notified by gaoler to surgeon, 123, 133.
daily list of, complaining of illness, removed to infirmary, &c, to
be delivered to surgeon, 133.
daily list of, confined in punishment cells, to be delivered to
chaplain and surgeon, i33.
abstract of regulations to be read to, 133, 280.
insane, or apparently insane, gaoler to report, 133, 156, 289.
disordered in mind, &c, to be reported to surgeon, 123, 133.
gaoler to carry out surgeon's directions respecting, 133.
record of employment of, sentenced to hard labour, 134.
register of church or religion of, to be kept, 134, 223.
nominal record of, to be kept, 134.
punishments for prison offences, entries to be made of, 134.
record of articles taken from, to be kept, 134.
when to be visited by surgeon, 136.
in punishment cells, chaplain and surgeon to visit daily, 136, 283.
sick, how often to be visited by surgeon, 136.
surgeon may order removal of, to infirmary, 136.
duties of surgeon in keeping daily record of, 137.
injuriously affected in mind, &c, surgeon to report, 137, 293.
duty of Visiting Committee as to, 264.
appearing to need special notice of chaplain, surgeon to report, 137,
calendar of, to be sent by gaoler to Secretary of State, 139.
not debtors, &c, making of rules as to, by justices, 141.
to what house of correction they may be committed, 204.
convicted of offences for which they are liable to death, &c, may be
committed to house of correction, 205.
borough, in county prisons, how expenses of, defrayed, 212.
how expenses of prosecution of, to be defrayed, 213.
for debt and contempt of court, commitment of, to county gaol, 217.
provisions of Prison Ministers Act as to visits of ministers to, 222, 223 .
who are Jews, not to be compelled to labour on their Sabbath, 282.
sentenced to death, to be executed within walls of prison, 227.
bodies of executed, to be buried within the prison, 227.
22
338 INDEX.
Prisoners (continued) —
not to be jurors on inquests on bodies of executed criminals, 227.
registering and photographing of. 230 — 235 ; 279.
military, duty of gaoler as to reception and imprisonment of. 236.
solitary confinement and corporal punishment of, 236, 237.
discharge or removal of, in certain cases, 237, 238.
from Marines, duty of gaoler, as to reception and imprisonment of,
under Marine Mutiny Act, 242, 243. 245, note (y).
solitary confinement of, 242, 244, 245, note (y).
corporal punishment of, 244.
awaiting trial, not to be placed in view of convicted. 268.
awaiting trial, when routine of prison may be modified in regard
to, 265, H 269.
awaiting trial, supply of books, &c, to, and occupation for, 265, 270.
awaiting trial, may be allowed use of special room or cell, to exer-
cise separately, &c, 265, 268.
awaiting trial, how money of, in gaoler's hands, may be applied,
269.
awaiting trial, what books, &c, to be allowed to retain, 269.
awaiting trial, when their own medical man may attend, 270.
awaiting trial, supply of paper and writing materials to, 271.
awaiting trial, how far to be subject to general prison rules, 272.
awaiting trial, to what persons special rules for, to apply, 272.
when to take a bath on reception, 268, 279.
treatment of, when diseased, &c, on admission, 279.
when to be weighed, 279.
use of spare cells of one class of, for those of another, 280.
provision against exposure of, to public view, 280.
complaints, &c, of, with regard to food, when to be made. 281.
when repeated complaints by, as to food may be punished, 281.
convicted criminal, when to sleep on plank bed, 281.
to obey regulations as to washing, bathing, hair-cutting, &c, 282.
to be allowed a proper supply of clean linen, &c, 282.
not to be stripped or bathed in presence of other prisoners, 282.
duty of, in keeping their cells, &c, clean, 282.
who can read, to be supplied with Bible, &c, of denomination, 282.
religious condition, &c. , of, chaplain to report on yearly. 283.
wishing to receive Holy Sacrament, to give notice to chaplain, 283.
duty of chaplain in seeing and admonishing, 283.
chaplain to visit daily in infirmary, when sick, &c, 283.
under orders for execution, &c, duty of chaplain as to, 283.
names and other particulars of those of his persuasion to be given
to prison minister, 283.
duty of prison minister in seeing, &c. of his persuasion, 284.
prison minister to pay particular attention to those of his per-
suasion under orders for execution, &c, 2S4.
duty of prison officers as to treatment of, 287.
wi-hing to see gaoler, prison officers to report to him, 287.
^ri-;on officers not to strike, except, &c, 288.
misconduct, &c, of, to be reported immediately to gaoler, 288.
INDEX. S39
Prisoners (continued) —
subordinate officers not to converse unnecessarily with, &c, 288.
not to be employed for private benefit of any person, 288.
suspension of officers for carrying into or out of prison certain
articles to or for, contrary to orders, 289.
duties of gaoler as regards labour and employment of, 289.
identification of, duty of gaoler in aiding in, 290.
unauthorized communications between, and visitors, to be pre-
vented, 220.
gaoler to notify to chaplain, &c, when life of, in danger, 290.
gaoler's duty in hearing complaints made by, &c, 290.
Visiting Committee to be informed of, desiring to see them, 291.
communications between, &c, duties of gaoler as to, 291.
how often to be visited when in solitary confinement or punish-
ment cells, 291.
Secretary of State's decision final as to class of rules applicable
to, 292.
power and duties of Visiting Committee and gaoler as to granting
permission to, in certain cases, 264, 268, 273, 278, 291.
identification of, points likely to aid, gaoler to be informed of, 292.
when surgeon to report to gaoler of, on medical grounds, 292.
when gaoler to report to Commissioners, life of endangered, 292.
to be examined, &c, by surgeon, before corporal punishment, 293.
records of health of, to be kept by surgeon, 293.
health of, to be reported on periodically by surgeon, 293.
Prisoners' Aid Society :
payments to, for benefit of discharged prisoners, 43, 89, 173.
how to be certified, 221.
how certificate of may be revoked or suspended, 221.
Prison Jurisdiction, Separate: (See Separate Prison Jurisdiction).
Prison Minister :
regulations as to admission of, into prisons, 125.
when to approve books, &c, for religious instruction, 126.
to have free access to prisoner of his persuasion, under sentence of
death, 130.
provisions of Prison Ministers Act, as to admission of, 222, 223.
when absent on leave, &c, may appoint a substitute, 126.
on death of, a substitute to be appointed, 126.
names, &c, to be given to, of prisoners of his persuasion, 223, 283.
when to have access to prisoners of his persuasion, 283.
not to communicate with prisoners not of his persuasion, 223, 283.
when to perform Divine service, 283.
duty of, in seeing and admonishing prisoners, 284.
to visit sick prisoners of his persuasion. 284.
to pay particular attention to prisoners of his persuasion under
orders for execution, &c, 2S4.
power of, to object to the issue of certain books to prisoners of his
persuasion, 284.
840 INDEX.
Prison Minister (continued) —
not to interfere with established rules, &c, of the prison, 2S4.
to confer with the gaoler, and to co-operate with him in promoting
good order, 284.
gaoler to notify to, case of life of prisoner in danger, 290.
Prison Ministers Act, 1863 :
provisions of, 222, 223.
gaoler to keep register required by, 134.
Prison Offences : (See Offences against Prison Discipline).
Prison Officers :
chief, included in term "gaoler," 3, 61.
what to be appointed, 23, 66.
female, to be appointed where females are imprisoned 24, 67.
general appointment of , to vest in Secretary of State, 14, 24, 151.
what, to be appointed by Prison Commissioners, 16, 154.
salaries of, under P. A., 1877, provisions as to, 17, 155.
complaint of inspector against, how to be made, 17, 77.
subordinate, to be appointed by Prison Commissioners, 18, 24, 155.
tenure of office and salaries of, under P. A., 1865, 24, 70.
meaning of term, "existing officers of a prison," 25, 177.
tenure of office, duties and salaries of existing, 25, 177.
existing, may be distributed amongst the prisons to which P. A.,
1877, applies, 25, 178.
superannuation of, 26, 70, 108, 179.
in receipt of military or naval half-pay. or who have commuted
their pension, not to be subject to deduction, 25, 178.
abolition of office of, or retirement or removal of, 27, 179, 180.
apportionment of annuity granted to. 28, 180.
when not to be entitled to superannuation allowance, &c, 28, 194.
removal of, from houses or apartments occupied officially, 28, 71.
jurisdiction of sheriff over, as regards carrying out sentence of
death on prisoners, 31, 33, 98, 174.
when prisoners to be deemed to be in legal custody of. 32, 172.
cells to be furnished with means of communication with, 35, 73.
punishment of, for allowing sale or use of spirituous liquors or
tobacco in prison, 41, 88.
punishment of, for carrying letters, &c, into or out of prison,
contrary to regulations, 41, 88.
not to be jurors on inquests on bodies of prisoners. 44, 93, 227.
buildings occupied by, to be included in term " prison," 2, 61.
compensation to, of prisons scheduled in P. A., 1865, for loss of
salary. &c, 49. 105.
when visitors not to sleep in apartments of subordinate, 115.
to report to traoler names of prisoners wishing to see surgeon, or
out of health, 123, 287.
duties of, as regards prisoners under sentence of death, 130.
pri-' ners nol to be employed in the capacity of certain, 131.
how Ear debtors may be employed as, 131.
tables, 131.
INDEX. 311
Prison Officers (continued) —
not to sell or let to, or to have pecuniary dealings with prisoners,
131, 288.
not to have any interest in contracts for supply of the prison, 131.
when they may purchase provisions under prison contract, 289.
not to receive gratuities, 131.
female, to search female prisoners on admission, 117.
female, to attend female prisoners, 132.
female, or matron, to accompany gaoler on visits to female
prisoners, 132.
execution of their duties by, to be enforced by gaoler, 132.
subordinate, not to be employed in any private capacity, 132.
subordinate, power of gaoler to suspend, 132.
to obey the gaoler, 138, 288.
not to be absent without leave, 138.
subordinate, not to receive visitors without leave, 138.
to examine cells, locks, &c, and seize prohibited articles, 138.
non-resident, to enter visits in non-resident officers 1 book, 141.
duties of, acting as gate porter, 139.
what, to be deemed subordinate, 141.
compensation to, in certain cases where prison discontinued, 225.
what, to be present at execution of capital sentences, 227.
present at execution of capital sentences to sign a declaration, 227.
penalty for signing a false declaration, 228.
power of Visiting Committee to suspend, 263.
to inspect articles of food received for prisoners awaiting trial, 269.
not to examine confidential written instructions of prisoner await-
ing trial to his solicitor, 271.
when interview between prisoner awaiting trial and his legal adviser
may be in view of one of the, 271.
to be specially appointed to search misdemeanants of first division,
273.
to inspect articles of food procured by misdemeanants of first divi-
sion, 274.
to inspect articles of food provided by debtors for themselves, 277.
their duty in treatment of prisoners, 287.
to inform gaoler of prisoners wishing to see him, &c, 287.
not to strike prisoners, except, &c, 288.
subordinate, to report to gaoler immediately misconduct, &c, of
prisoners, 288.
subordinate, not to converse unnecessarily with prisoners, &c., 2S8.
not to allow prisoners to be employed fur private benefit of any
person, 288.
to be held responsible for knowledge of prison rules, &c, 288.
to treat members of Visiting Committee with respect, &c, 263,
288.
to complain to Commissioners, if desirous to appeal against any
decision affecting them, &c, 289.
tobacco and spirituous liquors not to be used by, within the prison,
except, &c.,289.
342 INDEX.
Prison Officers [continued) —
suspension of, for bringing into or carrying out of prison certain
articles, contrary to orders, 289.
reports ordered to be made by, under P. A. 18C5, to be made to
Commissioners, 289.
defects in washing places, baths, &c, to be reported by, 290.
when gaoler to send reports or complaints by, to the Commissioners,
291.
duty of matron to accompany, &c, on entering part of prison al-
lotted to females, 292.
health and capability of, to be reported on periodically by surgeon,
293.
Prisons :
convict, military, naval, P. A., 1865, 1877. not to apply to, 1, 61, 150.
definition of the term " prison," 2, 61, 197.
governor, keeper, &c, of, included in term "gaoler," 3, 61.
authorities of, definition of, 3, 62.
" furniture and effects belonging to," definition of, 5, 195.
belonging to City of London to be deemed within the city, 6, 196.
maintenance of, by separate prison jurisdiction, 7, 65.
maintenance of, out of public funds, 8, 150.
termination of local obligation to maintain, 8, 163.
powers, &c, of prison authority as to enlarging, &c, 7, 77, 78, 79.
penalty on inadequate, 8, 84.
power of Secretary of State to close inadequate, 8, 85.
average maximum number of prisoners in, how computed, 11, 166.
uncompleted, allowance to be made in respect of, 11, 166.
uncompleted, time may be allowed for completion of, 11, 166.
determination of contracts between prison authorities in relation to
maintenance of, &c, 12, 168.
to vest in Secretary of State, 14, 151.
appointment of officers of, to vest in Secretary of State, 14, 24, 151.
various powers relating to, to vest in Secretary of State, 14, 151.
appropriation of court houses, &c, within precincts of, 14, 191, 192.
legal estate in, to vest in Prison Commissioners, 15, 191.
legal estate in, disposal of , by Prison Commissioners, 15, 191.
protection of, when in nature of national monuments, 15, 192.
appointment of Commissioners of, 15, 153.
appointment of Inspectors, officers, and servants of, 16, 154.
irregularity in, to be reported by Inspector, 17, 77.
general superintendence of, Prison Commissioners to have, 18, 155.
to be visited and inspected by Commissioners or Inspectors, 18, 155.
general duties of Commissioners in relation to, 17 — 20; 155 — 158.
Commissioners to have powers of Visiting Justices, as to. 18, 155.
Commissioners to make reports on condition of, 19, 20, 157.
manufacturing processes in, to be reported on, 19, 157.
yearly return to be made of punishments, &c, in, 19, 158.
Visiting Committee of, to be appointed, 21, 158.
rules as to appointment of Visiting Committee of, 250 — 258 ; 262.
INDEX. 343
Prison. 1 ) (continued) —
members of Visiting Committee to have free access to, at all times,
21, 159.
members of Visiting Committee not to be interested in contracts
relating to, 263.
Visiting Justices, appointment and duties of. 20, 96, 97.
repeal of provisions as to appointment of Visiting Justices of, 53,
158.
visits to, by any justice, 23, 97, 161.
appointment, salaries, &c, of officers of, 23, 24, 25, 66, 70, 177.
appointment of chaplain to two, 26, 69.
appointment of assistant-chaplain and deputy gaoler of, 26, 69.
abolition of distinction between, and houses of correction, 29, 98.
wheresoever situate, to be deemed within limits of place for which
used, 29, 98.
when any prison locally situate in a county may be appointed as
prison of county, riding. &c, 29, 173.
saving as to commitment of prisoners to, 30, 172.
appointment of, for confinement of prisoners before and during
trial, 30, 170, 259.
appropriation of, to convicted criminal prisoners, 31, 171.
appropriation of, to debtors and non-criminal prisoners, 31, 171,
259.
prisoners in, to be deemed to be in legal custody of gaoler, 31, 98.
when prisoners in, to be deemed to be in legal custody, 32, 172.
jurisdiction of sheriff in, as regards prisoners under sentence of
death, 31, 33, 98, 174.
gaoler of, where debtors confined, how far required to give security
to sheriff, 32, 99.
admission of prisoners to, 116, 117, 268, 273, 277. 279—281.
escape of prisoners from, liability of sheriff for, 32, 100, 174.
description of, in writ, &c, 33, 100.
gaoler of, to deliver calendar of prisoners for trial in, 33, 100.
custody and trial of prisoners in substituted, H4, 102.
separation of prisoners in, provisions as to, 34, 35, 72, 117, 26S,
273.
cells in, to be certified by an Inspector of Prisons, 35, 73.
certificate of Inspector as to cells in, may be varied, &c, 36, 74.
hard labour in, provisions as to, 36, 37, 74, 75, 121, 122, 123, 183, 282.
misdemeanants in, when to be divided into two divisions, 37, 102.
assisting prisoners to escape from, &c, 40, 87.
conveyance of letters, &c, into, with intent, &c, 40, 87.
punishment for carrying spirituous liquors or tobacco into, 41, 87.
carrying letters into, or out of, contrary to regulations, 41, 88.
notice to be given of penalties for offences in relation to, 41, 88.
removal of prisoners from, for trial, &c, 42, 100.
removal of prisoners frorn, by order of Her Majesty. 42, 101.
for alteration, &c, of prison, 42, 101.
by judge's order, 30, 172.
removal from, of convicted criminal prisoners, 42, 171.
344 INDEX.
Prisons (continued) —
discharge of prisoners from, 43, 89, 117, 280.
allowance to prisoners on discharge from, 43, 89, 173, 280.
prisoners on discharge from, may be provided with means of
returning to place of settlement, 43, 44, 90.
inquests on prisoners dying in, provisions as to, 44, 93, 187.
saving as to rules in force in, before P. A., 1865, 45, 109.
regulations as to, in schedule I. of P. A., 18G5, to be binding, 44, 76.
rules in addition to regulations may be made, 45, 76.
discontinuance of certain, 48, 103.
removal of prisoners from those scheduled in P. A., 1865, 48, 104.
expenses of prisoners confined in county, instead of in scheduled
prisons, 49, 104.
scheduled in P. A., 1865, use of, as lock-up-houses, &c, 49, 105.
compensation for loss of office by closing of scheduled, 49, 105.
saving of rights of creditors of scheduled, in P. A.. 1865, 50, 108.
unnecessary, power of prison authority to sell, 50, 92, 93.
discontinuance of, by Secretary of State, 50, 175.
effect of discontinuance of, by Secretary of State, 51, 176.
when chapel to be provided for, 79.
infirmary to be provided for, 124.
appointment of Surveyor-General of, 82.
appropriation of, to classes of prisoners, by prison authority, 83.
public notice to be given of such appropriation of. 84.
cleanliness in, regulations as to, 115, 270, 275, 277, 282.
trees, &c, not to be allowed against outer walls of, 115.
tools and implements not to be left unnecessarily exposed in, 115.
temperature of, provision as to, 115.
visitors to, when not to sleep in, 115.
hours of locking and unlocking, 116.
no tap to be kept in, 117.
spirituous liquors not to be admitted into, except, &c, 117.
smoking in, and introduction of tobacco into, rule as to, 117.
scales and weights and measures to be provided in, 119.
purification and disinfection of clothing, &c, of prisoners in, 1 20, 280.
beds, bedding, and sleeping of prisoners in, 120. 270, 275, 281.
personal cleanliness of prisoners in, 120, 270, 275, 277, 282.
cutting hair of prisoners in, 120, 270, 275, 277, 282.
employment of prisoners in, 120, 121, 122, 123, 270, 271, 275.
prohibition of gaming in, 121.
permitting debtors to work and follow their trades, &c, in, 121.
allowance to prisoners out of earnings in, 121, 271, 275.
health of prisoners in, regulations as to, 123, 124, 270.
religious instruction of prisoners in, 124 — 126, 278, 282 — 284.
instruction of prisoners in, 127, 270, 275, 284.
abuses in, to be communipated to gaoler by chaplain, 126.
Prison Commissioners to inquire into, 18, 156.
Visiting Committee to report on, 22, 160.
Visiting Committee to bring to notice of the Commis-
sioners, 263.
INDEX. 345
Prisons (continued) —
abuses in, a justice of the peace may make entries respecting, in
Visitors' Book, 23, 162.
visits to, and communications with prisoners in, 127, 271.
powers and duties of gaoler as regards visitors to, 127, 285.
offences against discipline of, punishment of, 128, 129, 286.
use of irons or mechanical restraint in, 129, 264, 287, 291.
infliction of corporal punishment within, 130, 161, 286, 287.
regulations as to prisoners under sentence of death in, 130, 287.
employment of prisoners and debtors in offices of, 131.
officers of, not to have any interest in contracts for supply of, 131.
compensation to, on discontinuance of certain, 225, 226.
register of religion of prisoners to be kept in, 223.
gaoler of, to reside in, 132.
law and regulations of, gaoler to conform to and enforce, 132.
daily inspection of, by gaoler, 132.
weekly inspection of, by gaoler at night, 132.
abstract of certain regulations, to be posted up in cells in, 133.
death of prisoners in, duties of gaoler on, 133, 291.
gaoler to be responsible for safe custody of all journals, &c, in, 134.
absence of gaoler from, provisions as to, 134.
cells, &c. , of females in, to be secured by locks different from those
of the males, 135.
matron of, to reside in, 135.
every part of, occupied by females, to be visited daily by matron, 135.
weekly inspection of, by matron at night, 135.
absence of matron from, provisions as to, 136.
when surgeon to visit, 136.
every part of, to be inspected occasionally by the surgeon, 137.
duties of the surgeon on making inspection of, 137.
power of Secretary of State to visit and inspect or to authorise
any person to visit and inspect, 206.
judgment of death to be executed within walls of, 227.
what officers of, and persons to be present at executions in, 227.
bodies of executed criminals to be buried within the walls of, 227.
printed copies of certificate, &c, of due execution of judgment of
death, to be exhibited at or near to the principal entrance of,
208.
to what, bankruptcy prisoners may be committed, 230.
registration and photographing of prisoners in, 230 — 235 ; 279, 280.
returns to be made of convicted criminal prisoners in, 231, 233.
military offenders, under Mutiny Act, to be received into, 236.
soldiers to be received into, 236.
removal or discharge of military offenders from, 237.
subsistence of military offenders in, 239.
commitment of military deserters to, 240, 241.
temporary custody of military deserters in, 241.
penalty for refusal to receive military offenders into, 242.
offenders to be received into, under Marine Mutiny Act, 242.
any marine to be received into, 243.
346 INDEX.
Prisons (continued) —
subsistence, &c, of marines in, 243, note (x), 246.
commitment to, of deserters from the marines, 248.
temporary custody in, of deserters from the marines, 249
when routine of, may be modified in regard to prisoners awaiting
trial, 265, 269.
when spare cells of one class of prisoners in, may be used for those
of another, 280.
provision against exposure of prisoners to public view on removal
to or from, 280.
reception of children of female prisoners into, 280.
retention and clothing of children of female prisoners in, 280.
discharge of children of female prisoners from, 280.
chaplain to attend daily, 283.
prison minister not to interfere with established rules, &c, of, 284.
library to be provided in, 284.
unauthorized communications concerning officers, not to make, 288.
tobacco and spirituous liquors not to be used within walls of, by
officers, except, &c, 289.
suspension of officers of, for carrying into, or out of, certain articles
contrary to orders, 289.
when officers and gaoler may buy provisions at contract rates 289.
gaoler not to deal with tradesmen supplying, except, &c. , 289.
orders, &c. , relating to departments of, to be addressed to gaoler,
289.
when persons not to be allowed to view, 290.
ventilation, drainage, &c, of, to be attended to by gaoler, 290.
duties of gaoler in enforcing silence in, &c, 291.
division of, allotted to females, when not to be entered by male
officers or visitors, 292.
general health, &c, of, surgeon to report on periodically, 293.
articles of food, &c, not to be received into, until examined. 293.
admission into, of articles likely to be used for improper purposes
may be refused, 293.
Prison Service :
meaning of the term, 27, ISO.
Prohibition :
of commitment to certain prisons, 48, 103.
of gaming in prisons, 121.
Proof:
of rules made by Secretary of State, 45, 192.
Prosecution :
of offences in relation to prisons, 41, 95.
for anything done in pursuance of P. A., 1865, 47, 94.
Protection :
of prisons in nature of national monuments, 15, 192.
INDEX. 347
Provisions :
suspension, &c, of officers for carrying into or out of prisons, con-
trary to orders, 289.
power of officers to purchase at contract rates, 289.
power of gaoler to purchase at contract rates, 289.
Public Department of State :
when included in term " prison authority," 9, 165.
Public Funds :
maintenance of prisons, &c, out of, 8, 150, 163.
Public Works Loan Commissioners :
power of, to lend money to a prison authority for building, <fcc,
prisons, 81.
within what time money so lent by, must be repaid, 80.
may lend money to prison authority for payment of compensation
in respect of unprovided cell accommodation, 9, 164.
may lend money to prison authority for making required payment
to the Exchequer on discontinuance of a prison, 52. 177.
on what securities money may be lent by, under P. A. 1877, 190, 191.
The Local Loans Act, 1875, to apply to loans made by, 191.
Punishment Book :
to be kept by gaoler, 134.
entries as to punishment of prison offences to be made in, 128.
particulars of corporal punishment to be entered in, 130, 287.
Punishment Cells : (See Cells).
Punishment of Prisoners :
yearly return of, to be made to Parliament, 20, 158.
for prison offences, not to be awarded except by gaoler, &c, 128.
Visiting Committee to be deemed Visiting Justices as to, 22, 161.
Visiting Committee to furnish information respecting, 264.
corporal, order of two justices required for, 22, 161.
prisoner to hear evidence, &c, against him before infliction of, 286.
dietary and corporal not to be inflicted unless surgeon certifies, 286.
Quarter Sessions : (See Justices in Quarter Sessions),
to include " General Sessions," 3, 61.
Reading :
prisoners to be taught, 127.
Receiver :
may be appointed by mortgagee, &c, to enforce repayment of
loan made to prison authority, 80.
Recovery of Penalties : (See Penalties).
Record :
nominal, of prisoners to be kept by gaoler, 134.
of articles taken from prisoners, 134.
of employment of prisoners sentenced to hard labour, 134.
348 INDEX.
Reformatory Schools :
saving of powers and jurisdiction of prison authority as to, 14, 193.
when a member of a Visiting Committee may name a school to
which a youthful offender may be sent, 266.
when a youthful offender is to be sent, &c, to, of his own religious
persuasion, 267.
Eegister :
gaoler to keep, of religious persuasion of prisoners, 134, 223.
of habitual criminals, provisions, &c, as to, 230 — 235.
Registrar of Habitual Criminals :
duties of gaoler in sending returns and photographs of habitual
criminals to, 233, 234, 279.
Regulations : (See also Rules).
contained in first Schedule of P. A., 1865, to be binding, 44, 76.
justices empowered to make rules in addition to, 45, 76.
schedule of, under P. A., 1865, 115 — 141.
rules, &c, made by justices, under P. A., 1865, to be deemed, 141.
construction of the term " regulation," 141.
made under P. A., 1877, to be laid before Parliament, 46, 193.
abstract of, to be posted up in cells, and read to prisoners, 183, 230.
for execution of judgment of death, Secretary of State to make, 228.
provisions of those so to be observed, 228, note (q).
as to registering and photographing criminals, Secretary of State
to make, 231, 233.
effect of such, when made, 231, 233.
modification, &c, of such, by Secretary of State. 232.
provisions of, as to registering, &c, criminals, 233 — 236.
punishment of prisoners refusing to obey such, 232.
Religion :
of prisoners, register of to be kept, 134, 223.
Religious and Moral Instruction :
of prisoners, provisions as to, 124, 125, 126, 27S, 282—284.
chapel to be used only for, or for religious worship, 79.
Religious Worship :
chapel of prison to be used only for, or for moral and religious
instruction, 79.
Removal :
of prison officer from office, superannuation allowance on, 27, 180.
of prison officers, from houses, &c, occupied officially, 28, 71.
of prisoners, from one prison, &c, to another, for trial, &c, 42, 100.
by order of Her Majesty, 42, 101.
for alteration. &c, of prison, 42, 101.
by judge's order, 30, 172.
from prisons scheduled in P. A., 1865, 48, 104.
from prisons closed as inadequate, 86.
of convicted criminal prisoners, by Secretary of State, 42, 171,
prisoners to be examined by surgeon before, 117.
INDEX. 349
Bepeal :
of Acts in schedule III. of P. A., 1865, 52, 106.
saving clauses as to, of Acts in schedule III. of P. A., 1865, and
certain other Acts, 52, 45, 106.
of 5 & 6 Will IV., c. 38, s. 7, as to appointment of Inspectors of
Prisons, 53, 188.
of ss. 53, 54 of the P. A., 1865, 20, 53, 158.
of s. 55 of the P. A., 1S65, 23, 53, 161.
of enactments inconsistent with the P. A., 1877, 54, 192.
Reports :
when to be made to Prison Commissioners, 18, 156, 289.
by Prison Commissioners, when to be made, 19, 157.
to be laid before Parliament, 19, 157.
to contain information as to manufacturing processes, 19, 157.
effect of, of Prison Commissioners as regards compensation to be
paid to a prison authority, 10, 166.
by Prison Commissioners as to good conduct, &c, of officer, requisite
for superannuation, 27, 180.
when to be made to Secretary of State by Visiting Committee of
prisons, 22, 161, 263, 264.
when special, to be made by Visiting Committee to Secretary of
State or to the Commissioners, 263.
of chaplain and surgeon, as to condition of prison, &c, 140, 289.
chaplain to make yearly, on religious and moral condition, &c, of
prisoners, 283.
on what matters to be made by chaplain periodically, 2S3.
at what hour to be heard by gaoler, 290.
by prison officers, when gaoler to send to Commissioners, 291.
Restraint : (See Mechanical Restraint).
Retention :
of books, &c. . by unconvicted prisoners, special rules to be made
as to, 39,184.
provisions as to, 269.
Retirement :
of prison officers, provisions as to, 27, 180.
Return :
of punishments and offences of prisoners to be made annually
to Parliament, 20, 158.
of habitual criminals, to be made by gaoler, 231, 233, 234.
Richmond :
borough prison of, to be discontinued, 48, 103.
meaning of the term " county " as regards, 104.
Ridings :
definition of term " riding," 6, 196.
maintenance of prison by, 7, 65.
termination of local obligation of, to maintain a prison, 8, 163,
in counties divided into, &c, gaol sessions to be held, 199.
350 INDEX.
Hidings (continued) —
power of Justices of the Peace of, as respects gaol sessions, 200.
in what proportions rates to be paid by, for gaol expenses, 201.
proportions to be settled by arbitration in case of dispute, 202.
order for payment of proportions to be sent to treasurer of, 203.
court of gaol sessions in, may mortgage county rates, 203.
in what manner rates to be charged upon, 203.
gaol of county divided into, to be deemed within each riding, 204.
Eomney Marsh :
when bailiff and justices of liberty of, to be included in the term
"justices in quarter sessions assembled," 12, 64.
prison of the liberty of, to be discontinued, 48, 103.
Rules: (See also Regulations).
time for making, under P. A., 1877, 1, 149.
may be made by Secretary of State as to doing of certain acts by
Prison Commissioners, 15, 153.
made under P. A., 1877, not to restrict visits to prisons and prisoners
by members of Visiting Committee, 21, 159.
may be made by Secretary of State for appointment of Visiting
Committee, 21, 158.
to be made as to duties of Visiting Committee, 22, 160.
may be made by Secretary of State as to confinement of prisoners
before and during trial, 30, 170.
as to confinement of prisoners after conviction, 31, 171.
as to confinement of debtors, &c, 31, 171.
may be made as to treatment, &c, of prisoners confined for non-
payment of sums in the nature of debts, 38, 183.
special to be made as to treatment of unconvicted and certain
other prisoners, 38, 184, 185.
might be made in addition to regulations contained in first schedule
of P. A., 1865, 45, 76.
in force on commencement of P. A., 1865, provisions as to, 45, 109.
made by Secretary of State, how proved, 45, 192, 193.
to be laid before both Houses of Parliament, 46, 193.
not to be in force until laid before Parliament, 46, 193.
for execution of judgment of death, Secretary of State to make, 228.
to be laid before Parliament, 228.
provisions of, 228.
for first appointment of Visiting Committees, 250, 257.
as to the number of members of Visiting Committees, and the
sessions to appoint them, 252.
as to appointment of Visiting Committees, in years subsequent to
1878, 262.
as to duties of Visiting Committees, 263 — 267.
as to confinement of prisoners before and during trial, of debtors,
and non-criminal prisoners, 259, 260.
for commitment of prisoners for a matter arising in certain
counties to a prison in an adjoining county, 260.
INDEX. 351
Rules (continued) —
Visiting Committee to make, for their attendance at prison, 263.
special, as to prisoners awaiting trial, 268 — 272.
special, for prisoners awaiting trial, to what persons to apply, 272.
special, for misdemeanants of first division, 272 — 276.
to what other persons to apply, 276.
special, for debtors, 276 — 279.
to what persons to apply, 279.
general, made under P. A., 1S77, 279—293.
general, how far prisoners awaiting trial to be subject to, 272.
how far misdemeanants of first division to be subject to, 276.
how far debtors to be subject to, 279.
officers to enforce observance of, 287.
officers to be held responsible for being fully acquainted with, 288.
decision of Secretary of State to be final as to class of, applicable
to prisoners, 292.
Eye:
borough prison of, to be discontinued, 48, 103.
county gaol at Lewes to be deemed county prison for, 104.
Sabbath :
prisoners who are Jews, not to be compelled to labour on, 282.
Sacrament (Holy) :
when to be administered by chaplain, 124.
chaplain to give notice, &c, of the administration of, 283.
prisoners wishing to receive to inform chaplain previously, 2S3.
Safe Custody of Prisoners : (See Custody).
Salary :
of Prison Commissioners, Inspectors, and other officers, under P. A.,
1877, 17, 155.
of existing officers of prisons, 25, 70, 177.
of Inspectors appointed nnder 5 & 6 Will. IV., c. 3S, 17, 188.
of clerk and treasurer of gaol sessions, 201.
Sale:
of unnecessary prisons or land by prison authority, 50, 92.
notice of, and manner of sale, provisions as to, 93.
of discontinued prison, by prison authoritv or Secretary of State, 51,
176.
Saturday :
when prisoner to be discharged on, 43, 89.
Scales and Weights and Measures :
to be provided for use of prisoners, 119.
School :
under whose superintendence to be, 284.
chaplain to report yearly to Commissioners on instruction giv
in, 283.
352 INDEX.
Scotland :
Prison Acts not to extend to (1865), 1, 60 ; (1877) 1, 150.
Scriptures :
portions of, to be read to prisoners at religious instruction, 121.
Search :
of prisoners, on admission to prison, provisions as to, 116, 273.
of female prisoners, to be made by female officers, 117.
power of gaoler as to, of visitors, 127.
of misdemeanants of first division, 273.
Secretary of State :
time for making rules by, under P. A., 1877, 1, 149.
power of, to close, &c, inadequate prisons, 8, 84, 85.
power of, to decline to recommend payment of compensation to a
prison authority, 10, 166.
powers and duties of, in respect of an uncompleted prison, 11, 166.
prisons to vest in, 14, 151.
furniture and effects of prisons to vest in, 14, 24, 151.
appointment of officers to vest in, 14, 24, 151.
control and safe custody of prisoners to vest in, 14, 151.
various powers, <kc, to vest in and to be exerciseable by, 14, 151.
town halls, court-houses, &c, within precincts of prisons not to vest
in, 14, 191.
town halls, court-houses, &c, within precincts of prisons may be
bought by, 14, 192.
legal estate in prisons, &c., not to vest in, 15, 191.
to direct how legal estate in prisons shall be disposed of, 15, 191.
prisons used by, when in nature of national monuments, to be
protected, 15, 192.
appointment of Prison Commissioners, on recommendation of, 15, 153.
may appoint chairman of Prison Commissioners, 16, 153.
may make rules as to certain acts by Prison Commissioners, 16, 153.
to determine number of Inspectors and officers, 16, 154.
to appoint Inspectors, 16, 154.
to determine salaries of Commissioners, Inspectors, &c, 17, 155.
Prison Commissioners to be subject to control, and to obey direc-
tions of, 19, 155.
reports to be made to, by Prison Commissioners, 19, 157.
to make rules as to appointment of Visiting Committee, 21, 158.
rules of, as to appointment of Visiting Committee, 250, 252, 262.
to make rules as to duties of Visiting Committee, 22, 160.
rules of, as to duties of Visiting Committee, 263 — 267.
Visiting Committee to report to. 22, 161, 264.
powers of, as regards existing officers of prisons, 25, 178.
to certify fitness of prison for confinement of prisoners, 29, 98.
may appoint any prison locally situate in a county, as prison of
county, riding, &c, 29, 173.
may appoint prisons for confinement of prisoners before and during
trial, 30, 170.
INDEX. 353
Secretary of State (continued) —
appointment of such prisons, 259, 260.
may appoint prison in one county, to which prisoners for trial, &c,
may be committed from an adjoining county, 30, 170.
appointment of certain such prisons, 260.
power of, as to confinement and removal of convicted criminal
prisoners, 31, 42, 171.
may appoint prisons for confinement of debtors and prisoners who
are not criminal prisoners, 31, 171.
appointment of such prisons, 259, 260.
duties of, as regards hard labour in prisons, 36, 74, 75, 183.
may make rules as to classification and treatment of prisoners con-
fined for non-payment of sums in the nature of debts, 38, 183.
rules made by, as to debtors, to apply to such prisoners, 279.
to make special rules as to treatment of unconvicted and certain
other prisoners, 38, 184, 185.
special rules of, for prisoners awaiting trial, 268 — 272.
to what persons special rules of, for prisoners awaiting trial are to
apply, 272.
transfer to, of power of justices to make rules, 45, 77.
rules made by, how to be proved, 45, 192, 193.
rules made by, to be laid before Parliament, 46, 193.
rules made by, not in force, until laid before Parliament, 46, 193.
power of, to compromise, settle, or refer to arbritration, any matter,
47, 194.
sanction of, required for use of scheduled prisons as lock-up
houses, &c, 49, 105.
discontinuance of prisons by, 50, 175.
duties and powers of, on discontinuance of prison, 51, 176.
sanction of, required under P. A., 1865, for building, &c, prisons, 79.
Surveyor-General of prisons may be appointed by, 82.
calendar of prisoners to be sent to, by gaoler, 139.
power and duty of, as regards land, &c, bought by a prison autho-
rity for purposes of a prison, but considered not necessary, 197.
power of, to visit and inspect or to authorize any person to visit
and inspect prisons, &c, 206.
authority of, requisite for confinement of debtors in common gaol
of county, 217.
power of, as to burial of executed criminals, 227.
to make rules, as to execution of judgment of death. 228.
rules, &c, so made by, to be laid before Parliament, 228.
provisions of rules so made by, 228, note (q).
certificate and declaration of due execution of judgment of death
to be sent to, 228.
duplicate of coroner's inquisition on the body of an executed
criminal to be sent to, 228.
to make regulations as to registering and photographing convicted
criminal prisoners, 230, 231, 233.
effect of regulations so made, 231, 233.
power of, to modify, &c, such regulations, 232.
23
354 INDEX.
Secretary of State {continued') —
provisions of such regulations, 233 — 235.
chairman of Visiting Committee to report names, &c, of members
to, 263.
duty of Visiting Committee in reporting to, specially, 263.
power of Visiting Committee to report to, generally, 264.
instruments for- infliction of corporal punishment to be approved
by, 287.
pattern of irons, &c, to be approved by, 287.
Visiting Committee may report to, when child of tender years
imprisoned, 290.
decision of, final as to class of rules applicable to prisoners, 292.
Security :
provisions as to giving of, by gaoler to sheriff, 32, 99.
Sentence of Death : (See Death).
Separate Prison Jurisdiction :
definition of, 4, 66.
maintenance of prisons by, 7, 65.
termination of obligation of, to maintain prison, &c. 8, 150, 163.
Sedition :
treatment of prisoners convicted of, 39, 186, 276.
Seditious Libel:
treatment of prisoners convicted of, 39, 186, 276.
Separation of Prisoners :
provisions as to, 34, 35, 72, 117, 268, 273, 277.
Prison Commissioners to examine into state of prisons for carrying
out provisions respecting, 18, 155.
Servants :
of Prison Commissioners, number and appointment of, 16, 154.
salaries of, 17, 155.
prisoners not to be, of prison officers, &c, 131.
Settlement :
discharged prisoners may be provided with means of returning to
place of, 43, 44, 90.
Sheriff:
transfer of prisons, not to affect jurisdiction of, 30, 174.
how far liable for escape of prisoners from prison, 32, 100, 174.
as to giving security to, by gaoler, 32, 99.
no longer required to deliver calendar of prisoners, 34, 100.
jurisdiction and responsibility of, as regards prisoners sentenced to
death, not to be affected, 31, 33, 98, 174.
power of, in case of prisoners liable to punishment of death being
committed to house of correction, 205.
not to receive poundage, on taking any person in execution, 215.
when he may confine prisoners for debt and for contempt of court
in the common gaol, 216, 217.
INDEX. 355
Sheriff (continued) —
to be present at the execution of capital sentences. 227.
power of, as to admission of relatives of prisoner, or other persons,
to be present at execution of capital sentences, 227.
to sign a declaration of the due execution of such sentences, 227.
duplicate of coroner's inquisition on body of an executed criminal
to be delivered to, 227.
to send certificate and declaration of due execution of judgment of
death to Secretary of State, 228.
to send duplicate of coroner's inquisition on body of an execute I
criminal to Secretary of State, 228.
duties and powers of, as to execution of capital sentences may hi
performed by, and to be vested in under-sheriff or deputy, 229.
Smoking :
not allowed in prison, except, &c, 117, 289.
Soldiers :
duty of gaoler as to reception, &c, of, into prisons, 236.
duty of gaoler on expiration of imprisonment of, or of persons
suspected to be, in prisons, 240.
Solicitor :
communications between, and unconvicted prisoner, &c, speci.il
rules to be made as to, 39, 184, 185.
provisions of rules so made, 271.
when prisoner to see him alone, 127, 271.
visits by, to prisoners under sentence of death, 287.
written instructions to, of prisoner awaiting trial, not to be ex-
amined by officer of prison, 271.
Solitary Confinement :
of military offenders in, 236, 237.
of marine offenders in, 243.
how often prisoners in, to be visited, 291.
South Molton :
borough prison of, to be discontinued, 48, 103.
Special Case :
statement of, by aibitrator, 47, 94.
Special Sessions :
to be held in boroughs for appointing Visiting Committee, 21, 15?.
at what, Visiting Committee to be appointed in boroughs, 251, 262.
Spirituous Liquors ; «•
punishment for carrying into prison, 41, 87, 88.
admission of, into prison for use of prisoners, 117.
for use of the infirmary, 117.
order of surgeon as to, to be entered by him in his journal, 1 18.
when not to be used by officers within prison walls, 289,
State :
public department of, when included in term " prison authority,
9, 165.
oo6 INDEX.
Status of Prison Officers:
provisions as to, 23, 177.
Statutes : (See Acts)
Store Keepers :
* appointment of, 16, 154.
Subordinate Officers:
who are to be deemed, 141.
what, and how. to be appointed for prisons, 18, 24, 67, 155.
to obey gaoler and to perform such duties as he may direct, 138.
not to be absent without leave, 138.
to leave their keys, &c., during absence, with the gaoler, 138.
not to receive visitors, without gaoler's leave, 138.
visitors not to sleep in apartments of, without gaoler's leave, 115.
to examine cells, locks, &c, and to seize prohibited articles, 138.
duties of, when acting as gate porter, 141.
not to be allowed to be employed in any private capacity, 132.
may be suspended by gaoler for misconduct, 132.
to report to gaoler immediately misconduct. &c, of prisoners, 288. '
not to converse unnecessarily, &c, with prisoners, 288.
Suit : (See Action.)
Sunday :
discharge of prisoner when imprisonment expires on, 43, 89
prisoners not to be employed at hard labour on, 122.
Divine Service to be performed on. 124.
criminal prisoners to attend Divine Service on, 125.
when non-criminal prisoners may be excused from attending Divine
Service on, 264.
when prisoners awaiting trial to attend Divine Service on, 272.
attendance of misdemeanants of first division at Divine Service on,
276.
when debtors to attend Divine Service on, 278.
visits to prisoners not to be allowed on except, &c, 285.
Superannuation :
of officers of prisons, 26, 27, 70, 108, 179, 194.
Superannuation Act, 1859 :
"existing officers" of prisons to be dealt with under, in respect
of abolition of, or retirement from office, &c, 27, 180.
Surgeon:
to be appointed for every prison, 24, 67.
his qualifications, 24. 67.
certificate of, as to superannuation of prison officers. 27, 70, 180.
duty of. a^ to appli ation of test for malingering, 40, 186.
to examine prisoners i n admission to prison. 116. 279, 292.
to enter criminal pii- ners' state of health in gaoler's record, 116.
to examine and certify as to health of all prisoners before their
removal or discharge, 117.
INDEX. 357
Surfj eon (continued) —
written order of, required for admission of spirituous liquors into
prison for use of prisoners, 117.
to have control of spirituous liquors for use of infirmary, 117.
when he may allow smoking or introduction of tobacco, 117.
to enter order as to spirituous liquors or tobacco in his journal, 118.
diet of prisoners under care of, 119.
convicted criminal prisoners not to have wine, &c, unless by
order of, 119.
to enter order for allowance of wine, &c, in his journal, 119.
power of as to sleeping of epileptic or diseased prisoners, 120.
may give directions as to airing, changing, &c, of bedding, 120.
may give directions as to cutting hair of female prisoners, 121.
certificate of, as to unfitness of prisoner for hard labour of first
class, 122.
certificate of, as to unfitness of prisoner for either class of hard
labour, 122.
certificate of, as to unfitness of female prisoner for hard labour, 122.
duties of, in examining prisoners sentenced to, or employed at, hard
labour, 122, 123, 292, 293.
may regulate exercise of criminal prisoners, 123.
to enter directions with regard to prisoners in his journal, 123.
duty of, respecting the infliction of corporal punishments, 130, 293.
certificate of, required for infliction of corporal and certain oth^r
punishments, 286.
gaoler to report to, prisoners disordered in mind, &c, 133.
illness of prisoner to be notified to by gaoler, without delay, 133.
list of certain prisoners to be delivered to, daily, 133.
when to visit the prison and prisoners, 136.
to visit daily prisoners in punishment cells, 136.
when to visit sick prisoners, 136.
may direct removal of sick prisoners to infirmary, 136.
duties of, in keeping a daily record of sick prisoners, 137.
to inspect every part of prison occasionally, 137.
his duties on making occasional inspection, 137.
duty of, when the mind or health of a prisoner is likely to be
injuriously affected by prison discipline or treatment, 137. 293.
when to call in additional medical aid, 137.
duty of, as to performing serious surgical operation, 137.
to make certain entries in his journal on death of a prisoner, 137.
when and how he may appoint a substitute, 138.
leave of Prison Commissioners required for his absence, 138, 156.
to be present at the execution of capital sentences, 227.
duty of, as to certifying due execution of capital sentences, 227.
penalty on, for signing false certificate, 228.
duties and powers of, as to execution of capital sentences, may be
performed by, and to be vested in, chief medical officer, if
there is no surgeon, 229.
power and duty of, as to weighing prisoners, 279.
duties of, as regards children of female prisoners, in prison, 281.
358 index.
Surgeon (continurd) —
power of, to order additional clothing and bedding, 281.
gaoler to carry out written directions of, as to supply of additional
articles, 290.
to examine frequently the washing places, baths, &c, 290.
to inform gaoler of points likely to aid in identifying prisoners, 292.
when to report, on medical grounds, case of prisoner to gaoler, 292.
statistical records to be kept by. of health of prisoners, 293.
to report periodically on general health of prison, &c, 293.
Surveyor-General of Prisons :
appointment of, 82.
Tap:
not to be kept in prison, 117.
Tenterden :
borough prison of, to be discontinued, 48, 103.
Tsnure :
of office, by existing officers of prisons, 25, 70.
Tsrms, Definition of: (See Definition of Terms).
Tast:
of malingering, provisions as to application of, 40, 186.
Thanksgiving Day :
prisoners not to be employed at hard labour on public, 122.
Thermometers :
to be placed in different parts of a prison, 115.
Title :
short, of P. A., 1865, 1, 60; P. A., 1877, 1, 149.
to land, confirmation of, 91.
Tobacco :
punishment for carrying, into prison. 41. 87, 88.
not to be introduced into prison without surgeon's order. &c. 117.
order of surgeon as to, to be entered by him in his journal, 118.
when not to be used by officers within prison walls, 289.
suspension of officers for carrying, into or out of prison contrary to
orders, 289.
Tools :
not to be left unnecessarily exposed in prisons, 115.
Town:
county of a, of what county to be deemed a part, 6, 197.
Town Council : (See also Municipal Borough).
to be prison authorities in municipal boroughs, 4, 62.
ajproval by, of salaries of prison officers, 24, 70.
as to right of, to appoint certain prison officers, 24, 109.
members, &c, of, not to be interested in contracts relating to
borough prison, 208.
penalty for being so interested, 208.
INDEX. 359
2orvn Council (continued)—
may borrow money for certain prison purposes, 210.
bow repayment of money borrowed by, to be secured, 213.
Town Halls :
appropriation of, when situate within precincts of a prison, 14, 191.
may be bought by Secretary of State, 14, 192.
Tradesmen :
dealing with prison, not to be jurors on inquests on bodies of
prisoners, 44, 187.
when gaoler not to have dealings with, supplying the prison, 289.
Treasurer :
definition of, 3, 61.
of county gaol, appointment of, 201.
duties of, 201.
salary of, 201.
security to be given by, 201.
of riding, &c, order for payment of contribution to be sent to, 202.
to pay contribution to treasurer of county gaol, 203.
of county, to keep an account of expenses of prosecution at assizes
of offenders from certain municipal boroughs, 207.
Treasury :
power of Secretary of State to refuse to recommend payment by,
of compensation to a prison authority, 10, 166.
consent of, required for fixing deduction to be made from com-
pensation in respect of an uncompleted prison, 11, 166.
consent of, required for sale of legal estate in prisons. &c, 15, 191.
consent of, required for purchase by Secretary of State of town-
hall, &c, situate within the curtilage of a prison, 14, 191, 192.
sanction of, required as to number of inspectors, officers, and
servants of prisons to be appointed, 16, 1">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
,?
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