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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 sanc- gaols, &c. tioned since the preceding Michaelmas quarter sessions, together with A Geo. 4. 5. 64. 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 6& 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 foree, 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 for governrules and regulations made after the passing of this act shall be required ment of prisons to

be approved only to be submitted for approval, or to be approved of, otherwise than is as hereinafter hereinafter mentioned."

provided. Sect. 2. “ All rules and regulations which shall be made after the Manner in which passing of this act by the court of mayor and aldermen of the city of war

such rules are to

be made and London, justices of the peace, or other persons whatsoever, which they approved. 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 secretaries 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 peace, clerks of the peace for every county, riding, or division of a county in &c. to transmit

copies of prison England and Wales, the clerks of every gaol sessions, and the chief ma- rules to secretary gistrates of every city, town, borough, port, or liberty within England of state, who may

add to or alter the and Wales, now having any prison, shall transmit copies of all rules and same. 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, Clerks of peace, or division of a county in England and Wales, the clerks of every gaol &c. to lay copies

of prison rules sessions, and the chief magistrates of every such city, town, borough, before the sessions. 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

2. Building, for their respective counties, ridings, divisions of counties, cities, town, altering, and boroughs, ports, and liberties, on the first day of such sessions, like corepairing of. pies of all rules and regulations in force on the twenty-fifth day of Sep5 & 6 Will. 4, c.38.

34.tember in every year for the government of their respective prisons." In case clerks of 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 to transmit such rules to secretary

or omitting to transmit to one of his Majesty's principal secretaries of of state, he may state copies of the rules or regulations in force for the government of any certify what rules he may deem

prison which he is required by this act to transmit, it shall be lawful for necessary

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." Justices, &c.

And by the 2 & 3 Vict. c. 56, s. 2, “So much of the said act of the authorized to make rules for

fourth year of king George the Fourth as provides that no classification classification and of prisoners shall be made inconsistent with or contrary to the classifiseparation of

cation directed by that act is hereby repealed, and that the persons auprisoners.

thorized 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 Secretary of state add to such rules; and the secretary of state, if he shall think that the to certify the

rules so made and submitted to him for a different classification of prifitness of them.

soners 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. 647, 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." Provision for

Sect. 14. “ That in every case in which there shall be any prison of prisons for which which the rules and regulations made for the government thereof aro there is no clerk of peace or chief

directed by the said act of the sixth year of the reign of his late Majesty magistrate. 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, lo 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.” Gaols, &c. though By 4 Geo. IV. c. 64, s. 48, gaols, &c., for any county, &c., though out of county to be subject to

locally situate out of the county, &c., shall be deemed part of the county, jurisdiction of

&c., and subject to the jurisdiction of the justices of the county, &c. justices.

See the enactment, post, 344.

Who to repair at common law.

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 bons publico, and therefore it is to be repaired at the common charge. (

Inzt. 589; Bac. Ab., Gaol,B.) But the lord of a franchise, though not 2. Building, as such bound to repair a gaol within it, may be subject to such charge altering, and by immemorial usage. (R. v. Bishop of Eceter, 6 T. R. 373).

repairing of The repair of gaols, however, is now regulated by statutory enactments.

Stat. 4 Geo. IV. c. 64, s. 45, enacts, “That in case it shall appear at On report or preany time to the justices at any general or quarter sessions of the peace,

sentment of insuf

ficiency of gaols, holden in any county or riding, or in any such division of a county as sessions may conaforesaid, or in any district, city, town, or place to which this act shall tracte for en

building, or reextend, by any report made under the provisions of this act of the pairing them (a). 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 sball extend, within such county, riding, division, district, city, town, or place, is insufficient, inconvenient, or in want of repair, or otherwise inadequate to giveeffect 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 Sessions may purand may be lawful for the justices in general or quarter sessions assem- coabeloises. &c. bled, or the major part of them, and they shall have full power and enlarging prisons authority to purchase any houses, buildings, lands, tenements, hereditaInents, 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. & El. 863), in the Exchequer Chamber, (in error from the King's Bench), on the construction of the 45th and 50th 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
into consideration, giving the notices
required by sect. 45, and have resolved
that the site ought to be changed, such
justices may at their next session con-
firm the resolution, and contract for
building the new gaol, without having
given fresh notices.

of state.

2. Building, such person or persons as the said justices shall think fit, in trust for altering, and the purpose aforesaid, under the regulations and directions in this act repairing of. contained ; and such houses, buildings, lands, tenements, hereditaments, 4 Geo. 4. c. 64. 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.Insufficient pri The 2 & 3 Vict. c. 56, s. 11, enacts, “That every prison which is insons may be pre

adequate to give effect to the rules prescribed by this act, or to be made sented or reported as such,

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." Plans of new pri 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 ined by secretary

tended 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 Disapproval. 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

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 received without notice, it may be

secretary of state, without any notification by the secretary of state that put in execution. 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.” When prisons be By 4 Geo. IV.c. 64, s. 47, “If it shall at any time happen, that any such come unsafe or

gaol or house of correction shall become unsafe or unfit for the custody inconvenient, two justices (one a

of the prisoners confined therein, between the several times of holding visitor) may order

the general or quarter sessions, it shall and may be lawful for any two repairs, and shall report to sessions, 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 prisoners, 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." How far gaols,

Sect. 48. “Every gaol, house of correction, or other prison, for any though locally county, riding, or division, county of a city, or county of a town, or for situate out of county. e. deem- any town, liberty, soke, or place, not being a county, but having an ex; ed part of the clusive jurisdiction for the trial of felonies or misdemeanors committer county, &c., and subject to juris

therein, which is now built, or shall hereafter be built, together wh diction of justices the ground whereon the same shall stand, and every court, yard, buil of county, &c.

ing, and appurtenance thereunto belonging, with every addition that shall hereafter be made thereto, which said gaol, house of correction, con other prison, court, yard, building, appurtenance, or addition, is or Shad

4 Geo. 4, c. 64.

soners,

17. * pristners convicted of felony ; secondly, prisoners convicted upon trial

le situate within the limits of any other county, riding, or division, 2, Building, county of a city, county of a town, or of any other town, liberty, soke, altering, and or place, not being a county, but having an exclusive jurisdiction for the repairing of. 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, counts 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 ton, 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 wonld 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 anywise notwithstanding.??

Sect. 49. “In the altering, enlarging, repairing, building, or rebuild- Plans for prisons ing of any gaol or house of correction under this act, the justices shall to provide separate adopt such plans as shall afford the most

effectual means for the security, ment, classifica. classification, health, inspection, employment, and religious and moral tion, &c. of priinstruction 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 Itale prisoners shall in all cases be separated from the female, so as to prevent any communication between them : provision shall be made Sot 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 misteraeanors (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, of misdemeanors (a); thirdly, those committed on charge or suspicion

felony ; fourthly, those committed on charge of misdemeanors ;
fifthly

, takrants (6). Places of confinement shall also be set apart in
fery gaol and house of correction for such prisoners as are intended to
he examined as witnesses in behalf of the crown in any prosecutions,
and soch 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
de practicable, for the different description of prisoners; and warm and
ead baths

, or hat hing tubs, shall be introduced into such parts of the
prisen as may be best adapted for the use of the several classes ; proper Places for exercise.
Fards 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
of good water

; a separate sleeping cell shall, if possible, be provided for Sleeping cells.
tfery prisoner; but as the numbers may sometimes be greater than the
prison is calculated to contain, under the arrangement required by this
part

, 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.
Moms and places properly fitted up for the exercise of labour and in-

lo 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
Fards is not required, see the 5 Geo. IV. c. 85, s. 10, post, 372.

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