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other borough, in certain cases, in the same manner as with county astices under the above stat. 6 Geo. IV. c. 85. (See “ Corporations, Vol. 1. p. 113).
See, as to the power of justices of counties to contract with councils of boroughs for the committal of prisoners to the borough gaol, &c., or vice versa, ante,“ Commitments for safe Custody," Vol. I.
5. Gaols for
counties divided into ridings, fic. county justices,
V. Gaols in Counties divided into Ridings, &c., and
Sessions for such Gaols. By stat. 5 Geo. IV. c. 12, intituled “ An act to facilitate in those coun- 5 Geo. 4, c 12, reties schich are divided into ridings or divisions the execution of an act of citing 4 Geo. 4,
e. 64. the last session of Parliament (viz. stat. 4 Geo. IV. c. 64.] for consolidating and amending the laws relating to the building, repairing, and regulating of certain gaols and houses of correction in England and Wales," [23rd March, 1824], after reciting, that by stat. 4 Geo. IV. c. 64, s. 2, * 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 set 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 ridings 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," it is enacted, “That in every county divided into In counties divided ridings or divisions, having distinct commissions of the peace, there shall into ridings or
divisions, a court be held, from time to time, a court of sessions for the gaol of such of sessions for the county, of which court all the justices of the peace of every riding and gaol shall be held;
and such court division of such county shall be members; and any two of such justices shall possess all shall be able to hold such court; and such court shall possess and exer- powers given by eise all the powers and authorities respecting the common gaol of such respecting the county, and all matters relating thereto, which are in and by the said common gaol of
such county. 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 regulations 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 respective 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 the 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 adjournment thereof."
Seet. 2. “The sheriff of every county so divided into ridings or divi- Sheriff to give sions shall, within fourteen days next after the passing of this act, by notice in the Lon
don Gazette, &c. notice to be published in the London Gazette, and in some of the public of the holding newspapers most usually circulated within his county, summon the such court.
5. Gaols for justices of each of the ridings or divisions into which the same is di
counties vided to meet at some place in or near the county gaol, to be by him divided into specified in such notice, and at a time not exceeding one month after the ridings, &c. first publication of such notice, and there to form a court of sessions for
the county gaol, for the purpose of carrying into execution the regula5 Geo. 4, c. 12.
tions and provisions of the said recited act and of this act; and the said Chairman and court, being so constituted, shall proceed to elect a chairman and a clerk; clerk to be ap
and the said court, and the chairman thereof, shall proceed to execute pointed. Power and duty
all those matters and things which were by the said recited act directed of such court. to be done by the court of quarter sessions of the peace, held at Michael
mas next after the passing thereof, and by the chairman of that court, and to do all such other matters and things as may be necessary or pro
per in regard to the county gaol." Continuance in Sect. 3. “ The clerk of the gaol sessions shall continue in his office office by clerk of
until another shall be elected in his stead by the court of gaol sessions, gaol sessions.
and shall, with respect to the said recited act and this act, have and eljoy all the powers vested by the said recited act in the clerk of the peace
of any county.” Notice of holding Sect. 4. “The clerk of the gaol sessions shall, on receiving a precept gaol sessions in
commanding him so to do, signed by any two justices of the peace the public news. papers.
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 the court of gaol sessions shall be dissolved without adjournment, or shall adjour for a longer time than three calendar months, shall, by a like notice to be issued of his proper authority, without any precept in that behal, summon a court of gaol sessions to be held within three calendar months
next after such dissolution or last adjournment." Place for holding Sect. 5. “ The sessions for the county gaol shall be held in some place sessions for the in the gaol, or within one mile thereof, unless there shall be special reasons county gaol.
for the contrary, which shall be expressed in the precept to be directed to the said clerk as aforesaid ; and if it shall be held in the gaol, ar 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." Treasurer to be Sect. 6. “The court of gaol sessions shall also elect a treasurer of the appointed, monies 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 al monies to be raised for the repair of the county gaol, or to be disburæed by order of the court, and shall give discharges for the monies received,
and apply the same as by such court shall be ordered, and shall keep & to account upon distinct account of such monies received and paid, and shall, from time oath.
to time, when called on by the said court; account upon oath, if required,
for all monies so by him received, and deliver in all vouchers respecting Court to appoint the same; and the said court shall, from time to time, appoint such salaries.
salaries to such clerk and treasurer respectively as they shall think file to be paid out of the monies aforesaid; and such treasurer shall give such security for the faithful performance of his duty, as the court of gaol sessions shall direct."
Sect. 7, reciting that, “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 Proportions of time to time, to vary the said proportions," enacts, “ That where, in county rates to be paid by each
any such county, there are, at the time of passing this act, any fixed riding or division. proportions in which such expenses are or have been paid and borbe,
such proportions shall continue to be acted on, and the contributions shall be paid accordingly, till some alteration shall be made therein 5. Gaols for by the court of gaol sessions; and that where there are now no such counties fixed proportions, the said court shall forth with fix the proportions in divided into which the contribution is to be made ; and the said court shall also have ridings, &c. power and authority to alter the said proportions from time to time; provided that no such alteration shall be inade, unless the intention of
5 Geo. 4, c. 12. 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.”
Seet. 8.“ When the court of gaol sessions shall order an alteration to In case of dispute be made in the proportions in which the ridings or divisions of the ai
as to such propor
tions, the same to county are to contribute towards the expenses of the county gaol, or be settled by arbishall negative a proposition for making such alteration, and any riding bath
by the justices or or division shall be dissatisfied therewith, it shall be lawful for the clerk one justice of of the peace of such riding or division, being thereunto authorized by assize on circuit. 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 arbitrators * shall summon the several clerks * Sic. of the peace of the ridings or divisions interested in the matter in dispute to appear before hin®, at a time to be by him appointed, and there * Sic. 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 Award final for be final and conclusive between the parties for ten years, and until fur- tin ther order shall be made thereon by the court of gaol sessions; and such arbitrators shall also assess the courts* (a) of the arbitration, and . Sic. shall direct by whom and out of what fund the same shall be paid.”
Stat. 5 Geo. IV, c. 85, s. 21, reciting, “That by (stat. 5 Geo. IV. c. 5 Geo. 4, c. 85, re12, s. 8], provision is made for settling by arbitration disputes between
citing 5 Geo. 4, c.
12, s. 8. ridings and divisions as to the proportions in which they shall contribute to the expense of the county gaol, but by reason of some verbal inaccuracies in the said provision there may be some difficulty in acting thereon;" enacts, “ That the clerk of the peace may be authorized to apply to the justices of assize for the nomination of an arbitrator under
stat. 5 Geo. IV. c. 12), by an order of the court, or quarter or general sessions of the riding or division; and that one arbitrator shall be com- One arbitrator petent to exercise ail the powers and authorities given to the arbitrator competent. or arbitrators by the same act; and that such arbitrator shall assess the costs of the arbitration, and direct by whom and out of what fund the same shall be paid.”
By stat. 5 George IV. c. 12, s. 9, “ When and so often as the court of Order for money, gaol sessions shall find it requisite to raise money for the purposes of the to be
to be transmitted
to treasurers of said recited act, [4 Geo. IV. c. 647, or of this act, they shall make an the several ridings order accordingly, and their clerk shall forthwith transmit a copy of or
or divisions. such order, signed by the chairman, together with the amount of the sum of money to be paid by 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 monies in their hands, or if those monies shall be insufficient, then so soon as sufficient monies shall come to their hands, pay the sum required to the treasurer of the county gaol, and take his receipt for the same" (b).
til further order.
(a) This should be “ costs."
6. Gaols for Sect. 10. “ When the monies necessary to be raised for the purposes
counties of the said recited act, or of this act, shall exceed one half of the ordidivided into nary aggregate amount of all the annual assessments for the rates of the ridings, &c. several ridings or divisions of any such county, taken on an average of
several ridings or
all such rates for the last seven years preceding, the court of gaol ses5 Geo. 4, c. 12.
sions may, and is hereby authorized, to mortgage all the rates of such Rates may be mortgaged for
county, by such instrument, and in such ways and means, and under raising the money, 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.” Kates on each Sect. 11. “ The court of gaol sessions shall, and is hereby required, to riding or division charge all the rates upon the several ridings and divisions of the county, to be charged in same manner as in the same manner and for the same purposes as in and by the said it rates on counties
cited act the justices in their general or quarter sessions are authorized by recited act.
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 monies borrowed, and the interest thereof, and the accounts respecting the same, shall be kept and observed by the court of gaol sessions respecting the monies borrowed on account of the gaol of any county so divided as aforesaid ; provided that all the monies 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 monies for the purposes of the said recited act or of this act shall be raised at the time of such money being so raised.” (See stat. 5 Geo. IV. c. 85, S. 20, as to power of justices to pay off sums borrowed, by borrowing like sums at a lower
rate of interest, ante, 356). Reports under
Sect. 12. “All reports and statements directed by the said recited 4 Geo, 4, c 64, S. act to be made to the general or quarter sessions shall be transmitted 23, laid before gaol sessions.
on or before the first days of January, April, July, and October, to the clerk of the gaol sessions, and be by him laid before the court at the
sessions.” Reports, &c.
Sect. 13. “The chairman of the first court of gaol sessions held after transmitted by
the first day of October in each year, shall, within fourteen days after chairman of court of gaol sessions to the determination of such sessions, or any adjournment thereof, transsecretary of state. mit to one of his Majesty's principal secretaries of state such account of
proceedings, and such copies of rules and regulations, as in and by the said act are ordered to be transmitted by the chairman of the Michaelmas quarter sessions, and shall at the same time, or within three months
afterwards, transmit such plans as in the said act are mentioned.” Returns from
Sect. 14. “The return directed to be made annually by the keeper of keeper of prisons to be delivered to
every prison, in the form contained in the schedule annexed to the said clerk of gaol recited act, marked (B), shall be annually made by the keeper of every sessions,
gaol of every county so divided as aforesaid, and delivered to the clerk of the gaol sessions of such county, two weeks at least before the first day of October in each year; and that such clerk shall, on the said first day of October, prepare a general report founded on the report of the visiting justices and that of the chaplain, and on the certificates and reports of the keeper of the said gaol, and on any other report or document respecting the said gaol, and shall lay the same before the next gaol sessions, and such report, when approved by such sessions, shall be signed by the chairman thereof, and shall be by him, together with a copy of the schedule (B), transmitted to one of his Majesty's principal
secretaries of state, for the purposes in the said recited act mentioned." By whom convic Sect. 15. “If any matter or thing be done within any county so ditions for recovery, vided as aforesaid, for which any fine, penalty, or forfeiture is by the of fines, &c. to be made.
said recited act [4 Geo. IV. c. 647 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 the offence 18 committed ; and all forfeitures, fines, and penalties thereon accruing
all be paid to the treasurer of the county gaol, for the purposes of 6. To what is act.”
gaols prisoners Sect. 16. “In the case of every county so divided as aforesaid, the are to be adimmon gaol of such county shall, for all purposes relative to the juris- mitted, and iction of justices of the peace, be deemed to be within and taken as part reception of f each of the ridings and divisions of which such county is composed; ihem. nd every justice of the peace for each of such ridings and divisions shall ,
1. 5 Geo. 4, c. 12. ave like power and authority to execute all things appertaining to his
Common gaol of tħce therein, as in any part of the riding or division to which his com
county to be nission specially extends."
each riding or Sect. 17. “ This act shall be deemed and taken to be a public act, and shall be judicially taken notice of as such, by all judges, justices, and Public act. others, without being specially pleaded.”
VI. To what Gaols Prisoners are to be Committed, and
Reception of thein. As to what gaol an offender should be committed to, and the commitment of offenders in general, see title “Commitment for Safe Custody," for Vol. I.
Stat. 5 & 6 Will. IV. c. 38, s. 3, reciting “ That great inconvenience Justice empowered and expense have been found to result from the practice of committing to commit offen
ders to any house to the common gaol of the county persons charged with the offences in- of correction near tended to be tried at the assizes or sessions holden for such county where the place where
the assizes are to such assizes or sessions are holden at places distant from such common be holden at zaol, and it is expedient that the law should be altered and amended; which they are for remedy thereof,” enacts, “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, 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 committed 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 committed to the common gaol of the county.”
Sect. 4. “ Whenever any person shall be convicted at any assizes or How persons consessions of any offence for which he or she shall be liable either to the victed of offences
for which they are punishment of death, transportation, or imprisonment, it shall be lawful liable to death, for the court (if it shall so think fit) to commit such person to any house &c. shall be dis
posed of. of correction for such county, in execution of his or her judgment; and in case of the commitment of any person sentenced to death, execu- Execution of tion of such judgment shall and may be had and done by the sheriff of
death to be by
sheriff. the county ; and in case of the commitment of any person either sen
ent of any person either sen- Powers of keepers tenced to transportation, or pardoned for any capital offence on condi- of houses of cortion of transportation, all the powers, provisions, and authorities for the rection enlarged. 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.”
See the case of Aaron v. Alexander, (3 Camp, 35, post, 392), wherein Liability of gaoler it is held that the keeper of a prison, who receives and detains one ap- for receiving per
son illegally taken. prehended and charged in his custody under a warrant, runs the risk of the warrant being executed against the proper person, and is liable for the consequences if it is not.”
Stat. 4 Geo. IV. c. 64, s. 7, after reciting “That the practice of com- Rogues and vaga