Gaols and houses of correction. 3. Their Food, Clothing, &c., p. 375. 4. Their Employment, Labour, &c., p. 375. [4 Geo. IV. c. 64, ss. 37, 38; 5 Geo. IV. c. 84, ss. 18, 19; 5 Geo. IV. c. 85, ss. 16, 17; 2 & 3 Vict. c. 54, ss. 8, 17.] 5. Prisoners not to be Jurors on Inquests, p. 380. [4 Geo. IV. c. 64, s. 11.] 6. Escapes, and Attempts to Escape, p. 380. [4 Geo. IV. c. 64, ss. 43, 44.] 7. Prisoners disobeying Rules and otherwise refractory, p. 380. [4 Geo. IV. c. 64, ss. 41, 42.] 8. Removal of in certain Cases, p. 381. [31 Car. II. c. 2, s. 9; 4 Geo. IV. c. 64, ss. 51, 52, 53; 5&6 Will. IV. c. 38, s. 11; 2 & 3 Vict. c. 56, s. 17.] 9. Discharge of, and Allowance, &c. on, p. 383. [4 Geo. IV. c. 64, ss. 16, 39; 5 Geo. IV. c. 85, ss. 22, 23, 24, 25, 26; 5 & 6 Will. IV. c. 38, s. 12.] 10. Benefactions to Prisoners, p. 385. [4 Geo. IV. c. 64, ss. 35, 36.] VIII. Introducing, &c. of Spirits and other prohibited Articles into [4 Geo. IV. c. 64, s. 40; 6 Geo. IV. c. 80, ss. 134, 135; 2&3 IX. Visiting Justices, &c., p. 387. [4 Geo. IV. c, 64, ss. 16, 17, 18.] X. Sheriff, County Treasurer, Clerk of the Peace, p. 388. [4 Geo. IV. c. 64, s. 74.] XI. Inspectors, p. 388. [5 & 6 Will. IV. c. 38, ss. 7, 8, 9, 10.] XII. Chaplains, p. 389. [4 Geo. IV. c. 64, ss. 28, 29, 30, 31, 32, 33; 2 & 3 Vict. c. 56, ss. 15, 16.] XIII. Surgeons, p. 391. [4 Geo. IV. c. 64, s. 33.] XIV. Gaolers and inferior Officers, their Duties and Liabilities, &c., p. 392. [14 Edw. III. st. 1, c. 10; 19 Hen. VII. c. 10; 3 Geo. I. c. 15, s. 10; 4 Geo. IV. c. 64, ss. 25, 26, 27; 2 & 3 Vict. c. 56, ss. 7, 24.] XV. Fees to Gaolers, &c., p. 395. [50 Geo. III. c. 50; 56 Geo. III. c. 116.] XVI. Reports as to the State of Gaols, &c., p. 398. [4 Geo. IV. c. 64, ss. 14, 19, 20, 21, 22, 23, 24; 5 Geo. IV. c. 85, s. 8; 2 & 3 Vict. c. 56, ss. 9, 10.] XVII. Penalties, &c., how recoverable, &c.—Appeal, &c.—Actions, &c., p. 401. [4 Geo. IV. c. 64, ss. 69, 70, 71, 72, 73, 75.] XVIII. Some General Clauses of the 4 Geo. IV. c. 64, 5 Geo. IV. [4 Geo. IV. c. 64; ss. 1, 9, 76, 77; 5 Geo. IV. c. 85, s. 27; XIX. Schedules to Acts and Forms, p. 405. I. By what Authority erected.-To whom they belong, and what are to be kept, and Division of.—Power of Justices to make Rules as to. Gaols are of such universal concern to the public, that none can be erected by any less authority than by act of Parliament. (2 Inst. 705). Hence the coroner is to inquire of the death of all persons whatsoever who die in prison, to the end that the public may be satisfied whether such persons came to their end by the common course of nature, or by some unlawful violence, or unreasonable hardships put on them, by those under whose power they were confined. (3 Inst. 52, 91). 1. Erection of gaols, &c. None to be erected but by statute. Also, all prisons or gaols belong to the Queen, although a subject may To whom they have the custody or keeping of them. (2 Inst. 100). And see further belong. as to who is to have the keeping of gaols, post, sect. XIV. In counties, &c., there shall be one of correction. gaol and one house Stat. 4 Geo. IV. c. 64, is the principal statute now in force concerning 4 Geo. 4, c. 64. gaols and houses of correction in counties and ridings; and after repealing, by sect. 1, the various prior statutes on the subject, (and for the terms of which repeal, see post, sect. XVIII.), by sect. 2, enacts "That from and after the commencement of this act, [1 Sept. 1823], there shall be maintained, at the expense of every county in England and Wales, one common gaol; and at the expense of every county not divided into ridings or divisions (a), and of every riding or division of a county, (having several and distinct commissions of the peace, or several or distinet rates in the nature of county rates, applicable by law to the maintenance of a prison for such division), in England and Wales, at least one house of correction; and one gaol and one house of correction shall be maintained in the several cities (b), towns, and places mentioned in the schedule marked (A) (c), annexed to this act; and the regulations and provisions contained in this act shall extend, in manner hereinafter mentioned, to every such gaol and house of correction, maintained at the expense of such county, riding, division, city, town, or place, and to the several gaols and houses of correction in the cities of London and Westminster." (a) As to gaols in counties divided into ridings, see 5 Geo. IV. c. 12, post, 361, and 5 Geo. IV. c. 85, post, 363. (b) As to contracts, &c. by justices having charge of gaols, &c. in cities, with justices having charge of gaols, &c. in adjacent counties, see 5 Geo. IV. c. 85, post, 358. (e) The following is a list of districts, cities, towns, and places in England and Wales to which this act extended, in VOL. III. addition to counties at large, and as 1. Erection of gaols, &c. 2 & 3 Vict. c. 56. Powers of 4 Geo. 4, c. 64, and 5 Geo. to all gaols, except as to classification of prisoners, subject to 5 & 6 Will. 4, c. 33, and 6 & 7 Will, 4, c. 105, and 4, c. 85, extended 2 & 3 Vict. c. 56. Houses of correc blished may be retained to be used for classifi The 2 & 3 Vict. c. 56, intituled "An Act for the better ordering of Prisons," [17th August, 1839], reciting that "The laws now in force for regulating gaols and houses of correction in England and Wales, and for the classification, government, and instruction of the prisoners confined therein, require to be amended," enacts, "That so much of the 4 Geo. IV. c. 64, and 5 Geo. IV. c. 85, as does not relate to the classification of prisoners of each sex into distinct classes, shall, subject to the 5 & 6 Will. IV. c. 38, and 6 & 7 Will. IV. c. 105, and subject to this act, extend to every gaol, house of correction, bridewell, and penitentiary in England and Wales now or hereafter to be provided, and not exclusively used for the confinement of debtors, except the Queen's Bench and Fleet Prisons, and the general Penitentiary at Millbank." By 4 Geo. IV. c. 64, s. 3, "Where there shall have been already estation already established, and shall be existing at the time of passing of this act, in any county, riding, division, city, town, or place, one or more house or houses of correction, not sufficient, or capable of being made sufficient, cation of prisoners. for the extended classification required by this act, it shall be lawful for the justices assembled at their general or quarter sessions, or the major part of them, if they shall so think fit, to order and direct that, in addition to the house of correction hereinbefore directed to be maintained for the purposes of this act, one or more of such houses of correction as shall be so existing as aforesaid, at the time of the passing of this act, shall be continued and maintained for the reception of one or more particular class or classes, or description or descriptions of prisoners, as may be prescribed by the justices assembled at their general or quarter sessions, as directed by this act." Quarter sessions to execute act; and to ascertain the classes to be confined in prisons. Notice of order of sessions to be given, and a copy served on keepers of gaols, &c. Proviso for removal of prisoners (a). Sect. 4. "At the Michaelmas general quarter sessions which shall be held in every county, riding, or division of a county, in England and Wales, and in the several districts, cities, towns, and places to which this act shall extend, next after the commencement of this act, and at any subsequent general or quarter sessions to be held from time to time, the justices of the peace there assembled shall proceed in carrying this act into effect; and such justices shall, by orders to be made for that purpose, ascertain and declare to what class or classes of prisoners every such gaol, house or houses of correction, or any part or parts of any of them respectively, shall be applicable; and every such order shall be signed by the chairman of such sessions, and shall be notified by the clerks of the peace to the several justices of the peace, in every such county, riding, or division, district, city, town, or place, respectively; and notice thereof shall be inserted in three of the newspapers usually circulated in such county, riding, or division, or district, city, town, or place, respectively, within three weeks after any such order shall be made at any such sessions; and a copy thereof shall be served upon the keeper of every gaol or house of correction within every such county, riding, division, city, district, town, or place; and after the making of such order, and service of such copy thereof upon such keeper as aforesaid, such class or classes of prisoners as shall be specified in such order, and no other, shall be committed to or detained in any such gaol, house or houses of correction, or any part of any of them respectively; and all persons not coming within the class or description of prisoners who may fawfully be committed to or detained in such prison as shall be appointed by the justices for the confinement of one or more class or classes of prisoners may be removed to the gaol or house of correction of the county, riding, or division (a); and every such gaol or house of correc (a) The gaol of Newgate is locally situate in the city of London, which is a county of itself. Previously to stat. 4 Geo. IV. c. 64, (Gaol Act), Newgate was the county gaol for both Middlesex and London, and the magistrates of Middlesex had power to commit to it, as in the case of other county gaols; but it was under the government of the corporation of London, exercised through the court of aldermen, and the corpora. tion defrayed the expenses of maintain 1. Erection of gaols, &c. tion shall be deemed the legal gaol, prison, or place of confinement of 4 Geo. 4, c. 64. Proviso for classi Provision for clasthe gaol and house of correction are sification where together. Sect. 5. "Where, in any county, riding, or division of a county, or in any of the cities, towns, and places named in the said schedule (A) (a), any house of correction shall be part of the same building, or inclosed in the same boundary wall as, or shall be contiguous to, the common gaol, and shall be under the superintendence of the same keeper and the same visiting justices, it shall be lawful for the justices of the peace of the county, division, city, town, or place, assembled at any general or quarter sessions, from time to time, with the consent of the sheriff of the county for the time being, signified in writing under his hand, to proceed to carry into effect the classification and separation directed by this act in the whole of such united or contiguous building or buildings, instead of in each such house of correction and gaol, and to divide the whole of such building, or united or contiguous buildings, into such number of compartments, for the purpose of such separation and classification, as would be required under the regulations of this act, if the same had been one distinct gaol or house of correction; and also at any general or quarter sessions, from time to time, by their order or orders, and with such consent of the sheriff as aforesaid, to ascertain and declare what part or parts of the same building, or united or contiguous buildings, shall be considered as the gaol, and what part or parts thereof respectively shall be considered as the house of correction, and shall be appropriated to the confinement of particular classes and descriptions of prisoners, and to direct what classes and descriptions respectively shall be confined in each part or division of such building, or united or contiguous buildings; and all persons to be committed to or detained in the respective parts and divisions so to be ascertained and appropriated of any such building, or united or contiguous buildings, to them respectively applicable, shall be deemed and held to be in legal custody: Provided that prisoners for debt may be removed to, and shall always Regulation as to be confined in the part or parts of such building, or united or contiguous buildings, which shall be so ascertained, or be appropriated, as and for the gaol of the county, division, city, town, or place; and such removal shall not be deemed or taken to be an escape." (See 5 Geo. IV. c. 85, ss. 14, 15, post, 373, and sect. 15, post, 355). confinement of prisoners for debt. Persons removed declared the gaol deemed in custody to part of building of sheriff. Sect. 6. "All persons who, in pursuance of any such orders, shall be removed to, committed to, or detained in, the part of such united or contiguous buildings which shall be so declared and ascertained aforesaid to be the gaol, shall from thenceforth be deemed to be in the legal custody of the sheriff and of the gaoler appointed by the sheriff, in the same manner as if such person had been committed to the common gaol before the passing of this act; provided also, that the sheriff shall not be answerable for the safe custody of any person who, in pursuance of sheriff. any such order, shall from time to time be removed to, committed to, or detained in, any part of such united or contiguous buildings other than the part so ascertained and declared to be the gaol." ing the gaol, paying the officers, and maintaining the prisoners; it also appointed the officers; and the magistrates of Middlesex never visited the gaol or interfered with the government :Held, that under stat. 4 Geo. IV. c. 64, ss. 4, 12 & 13, the court of aldermen had no power to exclude from the gaol Proviso for 1. Erection of gaols, &c. Chapel and sick wards common to both. Justices, &c. may lations for prisons. In London and By the 5 Geo. IV. c. 85, s. 14, post, 373, when the gaol and house of correction are thus united, the chapel and the sick wards, or infirmary, shall be common to both. By 4 Geo. IV. c. 64, s. 12, "It shall be lawful for the court of mayor and aldermen of the city of London, so far as respects the prisons within the said city and liberties thereof (a), and for five justices of the peace make further regu. in general or quarter sessions assembled, of each county, riding, or division of a county, or of any district, city, town, or place to which this act shall extend, so far as respects the prisons within their respective jurisdictions, to make such further and additional rules for the government of such prisons respectively, and for the duties to be performed by the officers of the same, as to them may seem expedient; provided, that no such further or additional rules shall be enforced, until the same shall have been submitted, in London and Middlesex, to the two chief justices, and elsewhere to the justices of gaol delivery, or of great sessions respectively, at some gaol delivery or great sessions to be held after the making such rules, and until such chief justice or justices of gaol delivery, or of great sessions respectively, shall have subscribed a certificate or declaration that they do do not see any thing contrary to law therein [see the 5 & 6 Will. IV. c. 38, ss. 1, 2, infra] : Provided always, that all such rules and regulations shall be consistent with and conCopies of rules to formable to the rules and regulations in this act contained: and the be put up in prijustices in general or quarter sessions assembled shall, and they are hereby required, from time to time to cause copies of so much of the rules of each prison as relates to the treatment and conduct of prisoners confined therein to be printed in legible characters, and to be fixed up in conspicuous parts of every prison, so that every prisoner may be enabled to have access thereto; and all rules and regulations made and sheriffs, except as approved pursuant to the directions of this act shall be binding upon the sheriff and upon all other persons; provided, that no such rules shall be so construed as to interfere with the right or duty of the sheriff to appoint or remove any keeper of a county gaol or other prison subject to the authority of such sheriff." sons. Rules shall bind to appointment of gaolers. Powers of sessions to be exercised in London by the court of mayor and aldermen, as heretofore &c. Copies of proceedings and regulations of justices, and plans of prisons, to be transmitted to secretary of state. Sect. 13. "All the powers and authorities given by this act to justices of the peace in general or quarter seesions assembled, in the several counties, and all other acts to be done and performed by justices of the peace at any sessions in pursuance of this act, shall be exercised and performed, so far as regards the prisons in the city of London and liberties thereof, by the court of mayor and aldermen of the said city, as heretofore has been accustomed, and not by the said mayor and aldermen as magistrates, at the general or quarter sessions of the peace to be holden in and for the said city; any thing in this act contained to the contrary thereof in anywise notwithstanding." Sect. 14. See it, post, 398. Sect. 15. "The chairman of the Michaelmas quarter sessions of the peace, which shall be held next after the commencement of this act, for every county, riding, division, district, city, town, or place to which this act shall extend, shall transmit, within fourteen days after the termination of such sessions, to one of his Majesty's principal secretaries of state, a true and correct account of their proceedings at such sessions for carrying this act into effect, and also a copy of all such rules and regulations as shall be then in force for the government of every prison within the jurisdiction of the justices assembled at such sessions, and shall also transmit at the same time, or within three months afterwards, to such secretary of state, plans of all such prisons, drawn upon a scale of one sixteenth of an inch to a foot; and the said copies and plans shall be carefully preserved in the office of such secretary of state; and the chairman of every such succeeding Michaelmas quarter sessions shall transmit, within fourteen days after the termination of such Michaelmas quarter (a) See R. v. Cope, ante, 338, n. (a). |