gaols, &c. Geo. 4, c. 64. sessions, a true and correct copy of all such additions to such rules and 1. Erection of regulations, or alterations made therein, as shall have been duly sanctioned since the preceding Michaelmas quarter sessions, together with 4 plans, on the scale above mentioned, of any additions to the buildings of such prison, or alterations made in the construction thereof, during the same period." (See the 2 & 3 Vict. c. 56, s. 12, post, 344). But by the 5 & 6 Will. IV. c. 38, intituled, "An act for effecting 5&6 Will. 4, c. 38. greater uniformity of practice in the government of the several prisons in England and Wales, and for appointing inspectors of prisons in Great Britain," [25th August, 1835], reciting, "Whereas, by the laws now in force, rules and regulations made for the government of certain prisons, and for the duties to be performed by the officers of the same, are in London and Middlesex required to be submitted to the two chief justices, and elsewhere to certain other justices, for approval, and to be approved of by them before they can be enforced:" it is enacted, "That no such rules and regulations made after the passing of this act shall be required to be submitted for approval, or to be approved of, otherwise than is hereinafter mentioned." Sect. 2. "All rules and regulations which shall be made after the passing of this act by the court of mayor and aldermen of the city of London, justices of the peace, or other persons whatsoever, which they are now by law authorized to make for the government of any prisons in England and Wales, or for the duties to be performed by the officers of such prisons, shall be submitted to one of his Majesty's principal seeretaries of state, and it shall be lawful for such secretary of state, if he thinks fit, to alter such rules and regulations, or to make additional rules and regulations thereto, and to subscribe a certificate or declaration that such rules and regulations as submitted to him, or altered or added to, are proper to be enforced; and when such secretary of state shall have subscribed such certificate or declaration, such rules and regulations, alterations and additions, shall be binding upon the sheriff and all other persons, without any other sanction or approval: provided also, that no rule or regulation, save as hereinafter is mentioned, which, after the passing of this act, shall be made for any prison within England and Wales, or for the duties to be performed by the officers of such prison, shall be enforced until a certificate or declaration shall have been duly subscribed by one of his Majesty's principal secretaries of state in manner aforesaid." Sect. 5. "On or before the first day of November in every year the clerks of the peace for every county, riding, or division of a county in England and Wales, the clerks of every gaol sessions, and the chief magistrates of every city, town, borough, port, or liberty within England and Wales, now having any prison, shall transmit copies of all rules and regulations in force on the twenty-fifth day of September in such year for the government of every prison for and belonging to their respective counties, ridings, or divisions of counties, cities, towns, boroughs, ports, and liberties, to one of his Majesty's principal secretaries of state, together with copies of such new or additional rules and regulations as may be proposed for the government thereof; and that it shall be lawful for such secretary of state to alter such rules or regulations, copies whereof shall be transmitted to him in pursuance of this act, and to make additional rules or regulations thereto, and to subscribe a certificate or declaration that such rules and regulations, as transmitted to him, or altered, or added to, are proper to be enforced; and the rules and regulations, alterations and additions, so certified shall be binding upon sheriffs and all other persons; and the clerks of the peace for every county, riding, or division of a county in England and Wales, the clerks of every gaol sessions, and the chief magistrates of every such city, town, borough, port, and liberty, are hereby required to lay before the court of quarter sessions held next after the twenty-fifth day of September in every year Rules for government of prisons to as hereinafter be approved only provided. be made and Clerks of peace, copies of prison add to or alter the same. Clerks of peace, 2. Building, altering, and repairing of. 5 & 6 Will. 4, c. 38. In case clerks of for their respective counties, ridings, divisions of counties, cities, towns, boroughs, ports, and liberties, on the first day of such sessions, like copies of all rules and regulations in force on the twenty-fifth day of September in every year for the government of their respective prisons." Sect. 6. "In case of any clerk of the peace, clerk of gaol sessions, or peace, &c. neglect chief magistrate of any city, town, borough, port, or liberty, neglecting or omitting to transmit to one of his Majesty's principal secretaries of state copies of the rules or regulations in force for the government of any prison which he is required by this act to transmit, it shall be lawful for one of his Majesty's principal secretaries of state, after the first day of December in every year, to certify what rules and regulations he deems necessary for the government of such prison; and the rules and regulations so certified by such secretary of state shall thenceforth be binding upon sheriffs and all other persons, and shall be the only rules in force for the government of such prison." to transmit such rules to secretary of state, he may certify what rules he may deem necessary Justices, &c. authorized to make rules for classification and separation of prisoners. Secretary of state to certify the fitness of them. Provision for prisons for which there is no clerk of peace or chief magistrate. Gaols, &c. though out of county to be subject to jurisdiction of justices. Who to repair at common law. And by the 2 & 3 Vict. c. 56, s. 2, "So much of the said act of the fourth year of king George the Fourth as provides that no classification of prisoners shall be made inconsistent with or contrary to the classification directed by that act is hereby repealed, and that the persons authorized by law to make rules and regulations, to be submitted to one of her Majesty's principal secretaries of state, for the government of any prison in England or Wales, shall be empowered, if they shall think fit, to make rules for a different classification of prisoners of each sex in such prison, or for the individual separation of all or any of the prisoners confined therein, with due regard to their proper supervision, religious and moral instruction, and employment, and from time to time to alter or add to such rules; and the secretary of state, if he shall think that the rules so made and submitted to him for a different classification of prisoners of each sex, or for the individual separation of prisoners, are fit to be enforced in that prison, shall subscribe a certificate or declaration that they are proper to be enforced, and the rules so made and certified, but not until they shall have been so certified, shall be enforced; and if the gaol or house of correction for which they shall be made was before the passing of this act within any provision of either of the first two recited acts, [5 Geo. IV. c. 85, and 6 Geo. IV. c. 64], shall be taken to supersede the rules and provisions enacted in the first two recited acts, or either of them, for the classification of prisoners of each sex confined therein." Sect. 14. "That in every case in which there shall be any prison of which the rules and regulations made for the government thereof are directed by the said act of the sixth year of the reign of his late Majesty to be submitted to one of her Majesty's principal secretaries of state, and for which there shall be no clerk of the peace, clerk of gaol sessions, or chief magistrate to perform the duties required by the last-recited act to be performed by such clerk or chief magistrate respectively, the persons authorized by law to make rules for the government of such prison, to be submitted to the secretary of state, shall do or cause to be done all things by the said act required to be done by the said clerks and chief magistrates respectively in regard of the rules and regulations of such prison, and shall be within all the provisions of the last-recited act in respect of such rules and regulations." By 4 Geo. IV. c. 64, s. 48, gaols, &c., for any county, &c., though locally situate out of the county, &c., shall be deemed part of the county, &c., and subject to the jurisdiction of the justices of the county, &c. See the enactment, post, 344. II. Building, Altering, and Repairing of. It is said that, although divers lords of liberties have the custody of prisons, and some in fee, yet the prison itself is the queen's, pro bono publico, and therefore it is to be repaired at the common charge. (2 Inet. 589; Bac. Ab., "Gaol," B.) But the lord of a franchise, though not ments. 2. Building, altering, and repairing of. On report or preficiency of gaols, sessions may contract for enlarging, pairing them (a). sentment of insuf building, or re Stat. 4 Geo. IV. c. 64, s. 45, enacts, "That in case it shall appear at any time to the justices at any general or quarter sessions of the peace, holden in any county or riding, or in any such division of a county as aforesaid, or in any district, city, town, or place to which this act shall extend, by any report made under the provisions of this act of the state of any prison to such justices at such sessions, or by any presentment at any time made by the grand jury at the assizes, great session, session of gaol delivery, or session of the peace, to be holden for any such county, riding, division, district, city, town, or place, or by any presentment at any time made by any two or more justices of the peace in and for the same, and laid before the justices at such general or quarter sessions of the peace, that any gaol or house of correction to which this act shall extend, within such county, riding, division, district, city, town, or place, is insufficient, inconvenient, or in want of repair, or otherwise inadequate to give effect to the rules and regulations prescribed by this act, or that there is a necessity for the erection of any new gaol or house of correction; the justices assembled at such general or quarter sessions, Notice in Or at the general or quarter sessions or adjournment thereof, next after newspaper. any such report or presentment made, shall and they are hereby required to cause notice to be given, three times at least, in some pubLie newspaper circulating within such county, riding, division, district, city, town, or place, of such report or presentment having been laid before such sessions, and of their intention to take the same into consideration at the next ensuing or some subsequent general or quarter sessions or adjournment thereof; and in case the justices at such last-mentioned sessions, or the major part of them, shall resolve that such report or presentment is well founded, then it shall and may be lawful for such justices, and they are hereby required, at the sessions mentioned in such notice, or at a subsequent sessions or adjournment thereof, with the like notice, to take such measures, either by contract or otherwise, as shall appear to them to be requisite and proper for the altering, enlarging, or repairing, or for building or rebuilding, any such gaol or house of correction, regard being had, in the case of contracts, to the reasonableness of the price and responsibility of the contractors; and every Contractor to give contractor shall give sufficient security for the due performance of his security. contract to the clerk of the peace, or town-clerk, for the county, riding, division, district, city, town, or place, to be inspected at all reasonable times by any justices, or by any other person contributing to the rate of such county, riding, division, district, city, town, or place, without fee or reward." Sect. 46. "After such presentment and notice as aforesaid, it shall and may be lawful for the justices in general or quarter sessions assembled, or the major part of them, and they shall have full power and authority to purchase any houses, buildings, lands, tenements, hereditaments, ways, watercourses, and other easements, for the purpose of enlarging or rendering commodious, or for the building or rebuilding, any prison, and to direct the property so purchased to be conveyed to (a) It was held in Thompson v. Raikes, (1 Ad. & Ell. 863), in the Exchequer Chamber, (in error from the King's Bench), on the construction of the 45th and 30th sections of the 4 Geo. IV. c. 64, that when a presentment has been made as to the propriety of changing the site of a gaol, and the justices in session have taken such presentment Sessions may pur chase houses, &c. for building or enlarging prisons 2. Building, altering, and repairing of 4 Geo. 4, c. 64. Insufficient prisons may be presented or reported as such. Plans of new pri ed by secretary of state. Disapproval. such person or persons as the said justices shall think fit, in trust for the purpose aforesaid, under the regulations and directions in this act contained; and such houses, buildings, lands, tenements, hereditaments, ways, watercourses, or other easements, shall, when inclosed and added to such prison, be deemed and taken to be parts of such prison, and to be within the county, riding, division, city, district, town, or place to the use of which such prison may be applied, to all intents and purposes whatever, so long as the same shall be used by such county, riding, division, city, district, town, or place for the purpose of this act, and no longer." The 2 & 3 Vict. c. 56, s. 11, enacts, "That every prison which is inadequate to give effect to the rules prescribed by this act, or to be made and submitted to the secretary of state under the authority of this act, shall be taken to be within the provisions of the said act of the fourth year of the reign of King George the Fourth concerning prisons which are inadequate to give effect to the rules and regulations prescribed by the last-recited act, and may be reported or presented accordingly." Sect. 12. "That it shall not be lawful to enlarge, build, or rebuild sons to be approv⋅ any prison until a plan of such prison or intended prison, and of the intended additions thereunto, drawn upon a scale of not less than onesixteenth of an inch to a foot, shall have been sent to one of her Majesty's principal secretaries of state, and until the secretary of state shall have subscribed a certificate or declaration approving such plan, except in the case hereinafter provided: Provided always, that in every case in which the secretary of state shall disapprove any such plan he shall state in writing under his hand the grounds of his disapproval; and it shall not be lawful for him to disapprove the plan of any intented prison in which rules for the separate confinement of prisoners are not in force, on the sole ground that such plan does not allow the separate confinement of prisoners." (See also the 4 Geo. IV. c. 64, s. 15, ante, 340, as to transmitting plans of prisons to the secretary of state). If three months received without Sect. 13 provides and enacts, "That if three calendar months shall elapse after plan elapse from the time when such plan shall have been received by the secretary of state, without any notification by the secretary of state that such plan is disapproved by him, such plan may be put in execution, although no such certificate or declaration shall have been subscribed as aforesaid." notice, it may be put in execution. When prisons be come unsafe or inconvenient, two justices (one a visitor may order report to sessions. repairs, and shall How far gaols, though locally situate out of county, &c., deem ed part of the County, &c., and subject to juris. By 4 Geo. IV.c. 64, s. 47, "If it shall at any time happen, that any such gaol or house of correction shall become unsafe or unfit for the custody of the prisoners confined therein, between the several times of holding the general or quarter sessions, it shall and may be lawful for any two or more justices (one of whom shall be a visiting justice for the prison) for the county, riding, division, district, city, town, or place, to order such repairs and alterations to be immediately done and made, as may be necessary and sufficient for the safe and proper custody of such pri soners, and the upholding of such prison; and such justices shall report the same to the next court of general or quarter sessions, to be holden for such county, riding, division, district, city, town, or place; and such court is hereby authorized to order the payment of such sum or sums of money as shall have been properly expended in such repairs or alter ations as aforesaid." Sect. 48. "Every gaol, house of correction, or other prison, for any county, riding, or division, county of a city, or county of a town, or for any town, liberty, soke, or place, not being a county, but having an exclusive jurisdiction for the trial of felonies or misdemeanors committed therein, which is now built, or shall hereafter be built, together with diction of justices the ground whereon the same shall stand, and every court, yard, building, and appurtenance thereunto belonging, with every addition that shall hereafter be made thereto, which said gaol, house of correction, or other prison, court, yard, building, appurtenance, or addition, is or shall of county, &c. be situate within the limits of any other county, riding, or division, county of a city, county of a town, or of any other town, liberty, soke, or place, not being a county, but having an exclusive jurisdiction for the trial of felonies or misdemeanors committed therein, shall be deemed and taken to be part of the county, riding, or division, county of a city, county of a town, or of the town, liberty, soke, or place, for which the same shall be used as a gaol, house of correction, or other prison, so long as the same shall be so used, and no longer; and the justices of the peace, mayors, jurats, coroners, constables, and other officers of such County, riding, or division, county of a city, county of a town, or of such town, liberty, soke, or place, for which the same shall be used as a gaol, house of correction, or other prison, shall, during the time that the same shall be so used, have as full power and authority therein as they would have if the same was not situate within the limits of such other county, riding, or division, county of a city, county of a town, or of such town, liberty, soke, or place; any charter, law, or usage, to the contrary thereof in any wise notwithstanding." 2. Building, altering, and repairing of. 4 Geo. 4, c. 64. to Plans for prisons provide separate ment, classifica. tion, &c. of pri places of confine soners. Sect. 49. "In the altering, enlarging, repairing, building, or rebuilding of any gaol or house of correction under this act, the justices shall adopt such plans as shall afford the most effectual means for the security, elassification, health, inspection, employment, and religious and moral instruction of the prisoners; the building shall be so constructed or applied, and the keepers' and officers' apartments so situated, as may best ensure the safety of the prison, and facilitate the control and superintendence of those committed thereto; distinct wards and dry and airy cells shall be provided, in which prisoners of the several descriptions and classes hereinafter enumerated may be respectively confined; and it shall be considered as a primary and invariable rule, that the male prisoners shall in all cases be separated from the female, so as to prevent any communication between them: provision shall be made for the separation of prisoners into the following classes; if a gaol-first, debtors and persons confined for contempt of court on civil process; secondly, prisoners convicted of felony; thirdly, those convicted upon trial of misdemeanors (a); fourthly, those committed on charge or suspicion of felony; fifthly, those committed on charge of misdemeanors, or for want of sureties. If a house of correction—first, prisoners convicted of felony; secondly, prisoners convicted upon trial of misdemeanors (a); thirdly, those committed on charge or suspicion of felony; fourthly, those committed on charge of misdemeanors; ffthly, vagrants (b). Places of confinement shall also be set apart in every gaol and house of correction for such prisoners as are intended to be examined as witnesses in behalf of the crown in any prosecutions, and such further means of classification shall be adopted as the justices shall deem conducive to good order and discipline; separate rooms shall Sick wards. be provided as infirmaries or sick wards for the two sexes, and, as far as is practicable, for the different description of prisoners; and warm and cold baths, or bathing tubs, shall be introduced into such parts of the prison as may be best adapted for the use of the several classes; proper Places for exercise. yards shall be allotted to the different classes for air and exercise, and each class shall have the use of a privy, and be furnished with a supply Baths. of good water; a separate sleeping cell shall, if possible, be provided for Sleeping cells. every prisoner; but as the numbers may sometimes be greater than the prison is calculated to contain, under the arrangement required by this act, and as it is expedient that two male prisoners only should never be lodged together, a small proportion of cells or rooms shall be provided for the reception of three or more persons; every prison shall contain Places for work. rooms and places properly fitted up for the exercise of labour and in (a) See the 3 & 4 Vict. c. 25, s. 2, post, 375. (6) As to the classification of prisoners in gaols where the whole number of wards is not required, see the 5 Geo. IV. c. 85, s. 10, post, 372. |