7. Rules, classification, government, and treatment of prisoners.

4 Geo. 4, c. 64. bonds committed to house of correction only.

Power to justices to commit to house of correc

tion of the county,

where person apprehended in district, &c.

Not necessary to build a house of correction for any such district, &c.

Queen's Bench no jurisdiction over.

Rules and regulations to be observed in gaols.

mitting vagrants to common gaols has been attended with much inconvenience to the classification of prisoners, and has prevented a uniformity of practice in the management of prisons," enacts, "That, from and after the 1st day of September, 1824, in every county, riding, or division of a county, in England and Wales, and in the several districts, cities, towns, or places to which this act shall extend, all idle and disorderly persons, rogues, and vagabonds, incorrigible rogues, and other vagrants, shall be committed to some house of correction belonging to such county, riding, or division, district, city, town, or place respectively; and that such house of correction shall be deemed the only legal place of commitment of any such person in pursuance of any conviction by lawful authority; any thing in any act contained to the contrary in anywise notwithstanding."

Sect. 8. "In all cases where any person liable by law to be committed to the house of correction shall be apprehended within any district, city, town, or place, mentioned in the schedule to this act annexed, and the inhabitants of any such district, city, town, or place are or shall be contributory to the support and maintenance of the house or houses of correction of the county, riding, or division in which such district, city, town, or place is situate, it shall and may be lawful for the justices of the peace of such district, city, town, or place to commit such person to the house of correction of the county, riding, or division in which such district, city, town, or place is situate; and every person so committed shall and may be received, detained, dealt with, and ordered to be set and kept to hard labour or other work, or conveyed and sent away or discharged, and be subject and liable to the same correction and punishment, to all intents and purposes, as if committed by any justice or justices of the peace of such county, riding, or division; and in such case it shall not be necessary or required that any other house of correction shall be built or maintained in or for such district, city, town, or place, and the inhabitants of such district, city, town, or place shail not be compelled or compellable to the payment of any rate or sum of money whatever, for the building or maintaining of any other house of correction, in or for such district, city, town, or place; any thing in this act contained to the contrary in anywise notwithstanding." As to the sheriff's duty and liability, see post, 388.

VII. Rules to be observed in Gaols, and Classification,
Government, and Treatment of Prisoners.

And herein, 1st. Of the general rules and regulations to be observed in gaols, as to offenders, &c.;-2nd. The classification of prisoners;3rd. Their food, &c.;-4th. Their employment and labour, &c. ;—5th. Their attempt to escape;-6th. Their being refractory;-7th. Their removal, in certain cases;-and 8th. Their discharge, &c.

(1). GENERAL RULES AND REGULATIONS TO BE OBSERVED IN GAOLS. It may, in the first place, be observed, that the Court of Queen's Bench has no authority to interfere in the regulation and management of the gaols in the kingdom; therefore, where persons who had been found guilty of a misdemeanor, and confined in a county gaol under the sentence of the court, prayed to be allowed the same indulgences as prisoners confined for felony, the court refused to make any order for that purpose. (R. v. Carlile, 1 D. & R. 505; sed vide Anon., Lofft, 257).

Stat. 4 Geo. IV. c. 64, s. 10, reciting, that "It is fit and proper to secure an uniformity of practice in the management of the several prisons to which this act shall extend;" enacts, "That the following rules and regulations shall be observed and carried into effect in every such prison in England and Wales, which shall be maintained by any county, or

iding, or division of a county as aforesaid, as a gaol or house of correcion, and in the gaol and house of correction of every district, city, town, or place mentioned in the schedule marked (A), annexed to this act, [extended by 2 & 3 Vict. c. 56, s. 1, ante, 338, to all gaols, &c. for criminal offenders in England], and in every united and contiguous gaol and house of correction which shall be jointly used in manner aforesaid for the purposes of this act, and in every prison authorized to be continued under this act as aforesaid, in any county, or riding, or division of a county, so far as such rules may be applicable or can be applied to the particular description or class of prisoners confined in such prison:

7. Rules, classification, government, and treatment of prisoners.

4 Geo. 4, c. 64.

"1st. The keeper of every such prison shall reside therein; he shall Keeper (a). not be an under-sheriff or bailiff, nor shall be concerned in any occupation or trade whatsoever; no keeper or officer of a prison shall sell, nor shall any person in trust for him, or employed by him, sell, or have any benefit or advantage from the sale of any article to any prisoner; nor shall he, directly or indirectly, have any interest in any contract or agreement for the supply of the prison." (See the 1st rule of 2 & 3 Vict. c. 56, post, 370).

"2nd. A matron shall be appointed in every prison in which female Matron. prisoners shall be confined, who shall reside in the prison; and it shall be the duty of the matron constantly to superintend the female pri

soners.

wards.

3rd. The keeper shall, as far as may be practicable, visit every Visiting the ward, and see every prisoner, and inspect every cell, once at least in every twenty-four hours; and when the keeper, or any other officer, shall visit the female prisoners, he shall be accompanied by the matron, or, in case of her unavoidable absence, by some female officer of the prison.

"4th. The keeper shall keep a journal, in which he shall record all Keeper's journal. Punishments inflicted by his authority, or by that of the visiting justices, and the day when such punishments shall have taken place, and all other occurrences of importance within the prison, in such manner as shall be directed by the regulations to be made under this act; which journal shall be laid before the justices at every general or quarter sessions, to be signed by the chairman, in proof of the same having been there produced." (And see the 2nd rule of 2 & 3 Vict. c. 56, post, 370).

5th. Due provision shall be made in every prison for the enforce- Hard labour (¿). ment of hard labour, in the cases of such prisoners as may be sentenced thereto, and for the employment of other prisoners. The means of hard labour shall be provided, and the materials requisite for the employment of prisoners shall be purchased, under such regulations as may be made for that purpose by the justices in general or quarter sessions assembled. If the work to be performed by the prisoners be of such a nature as to require previous instruction, proper persons shall be appointed to afford the same."

6th. This rule provides for the separation of male and female pri- Male and female soners, and for the classification of prisoners; it will be found, post, 371. prisoners to be "7th. Female prisoners shall in all cases be attended by female Classification.

officers.

separated.

Females.

Hours of hard

"8th. Every prisoner sentenced to hard labour shall, unless prevented by sickness, be employed so many hours in every day, not exceeding labour. ten, exclusive of the time allowed for meals, as shall be directed by the rules and regulations to be made under this act, except on Sundays, Christmas Day, and Good Friday, and on any days appointed by public authority for fasting or thanksgiving.

(a) See post, 392.

(b) See post, tit. “ Hard Labour,” Vol. III., and post, 375, 381.

7. Rules, classification, government, and treatment of prisoners.

4 Geo. 4, c. 64.

Daily prayers (a).
Instruction.

Divine service (a).

Putting prisoners in irons.

Food.

"9th. Prayers, to be selected from the liturgy of the church of England by the chaplain, shall be read at least every morning by the chaplain, the keeper, or by some other person, as by the rules and regulations shall be directed; and portions of the Scriptures shall be read to the prisoners, when assembled for instruction, by the chaplain, or by such person as he may appoint or authorize.

"10. Provisions shall be made in all prisons for the instruction of prisoners of both sexes in reading and writing, and that instruction shali be afforded under such rules and regulations, and to such extent, and to such prisoners, as to the visiting justices may seem expedient.

"11th. Prisoners under charge or conviction of any crime shall attend divine service on Sundays, and on other days when such service is performed, unless prevented by illness or by other reasonable cause, to be allowed by the keeper, or unless their attendance shall be dispensed with by one of the visiting justices.

"12th. No prisoner shall be put in irons by the keeper of any pri son, except in case of urgent and absolute necessity; and the particulars of every such case shall be forthwith entered in the keeper's journal, and notice forthwith given thereof to one of the visiting justices; and the keeper shall not continue the use of irons on any prisoner longer than four days, without an order in writing from a visiting justice, specifying the cause thereof; which order shall be preserved by the keeper, as his warrant for the same (b). (And see the 6th rule of 2 & 3 Vict. c. 56, post, 371).

"13th. Every prisoner maintained at the expense of any county, riding, division, city, town, or place shall be allowed a sufficient quantity of plain and wholesome food, to be regulated by the justices in general or quarter sessions assembled, regard being had (so far as may relate to convicted 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 it shall be lawful for the justices to order for such prisoners of every description, as are not able to work, or being able cannot procure employment sufficient to sustain themselves by their industry, or who may not be otherwise provided for, such allowance of food as the said justices shall from time to time think necessary for the support of health. Prisoners under the care of the surgeon shall be allowed such diet as he may direct. Care shall be taken that all provi sions 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 shall be made by the regulations of each prison (c).

(a) See post, 390.

(b) If a prisoner in custody for felony break the gaol, this seems to be a negligent escape, because there wanted either that due strength in the gaol that should have secured him, or that due vigilance in the gaoler or his officers to have prevented it, and therefore it is by law lawful for the gaoler to hamper them with irons to prevent their escape. (1 Hale, 601). And it is said, that a gaoler is no way punishable for keeping even a debtor in irons. (2 Hawk. c. 22, s. 32). But the learned editor of Lord Hale's History observes, that this liberty, even in the case of a felon, (much more in the case of a prisoner for debt), can only be intended where the officer has just reason to fear an escape, as where the prisoner is unruly or makes

any attempt to that purpose; but otherwise, notwithstanding the common prac tice of gaolers, it seems altogether ut warrantable, and contrary to the mildness and humanity of the laws of Eng. land, by which gaolers are forbidden to put their prisoners to any pain or torment. And Lord Coke (2 Inst. 381) is express, that by the common law it might not be done. (1 Hale, 601). In Wright v. Court, (4 B. & Cres. 596; 6 D. & R. 623, S. C.), it was considered that a constable has no right to hand. cuff a person whom he has apprehended on a suspicion of felony, unless he has attempted an escape, or it be necessary to prevent him escaping.

(c) See R. v. Justices of Yorkshire, N. R. 2 B. & C. 286; 3 D. & R. 510, S. C. post, 377.

"14th. Prisoners who shall not receive any allowance from the county, whether confined for debt or before trial, for any supposed crime or offence, shall be allowed to procure for themselves, and to receive at proper hours, any food, bedding, clothing, or other necessaries, subject to a strict examination, and under such limitations and restrictions, to be prescribed by the regulations to be made in manner directed by this act, as may be reasonable and expedient, to prevent extravagance and luxury within the walls of a prison; all articles of clothing and bedding shall be examined, in order that it may be ascertained that such articles are not likely to communicate infection or facilitate escape (a).

"15th. No prisoner who is confined under the sentence of any court, nor any prisoners confined in pursuance of any conviction before a justice, shall receive any food, clothing, or necessaries, other than the gaol allowance, except under such regulations and restrictions as to the justices in general or quarter sessions assembled may appear expedient, with reference to the several classes of prisoners, or under special circumstances, to be judged of by one or more of the visiting justices.

7. Rules, classification, government, and treatment of prisoners.

4 Geo. 4, c. 64. Gaol allowance.

"16th. Due provision shall be made for the admission, at proper times Admission of and under proper restrictions, of persons with whom prisoners committed persons. for trial may desire to communicate; and such rules and regulations hall be made by the justices in general quarter sessions assembled, for the admission of the friends of convicted prisoners, as to such justices may seem expedient; and the justices shall also impose such restrictions upon the communication and correspondence of all such prisoners with their friends, either within or without the walls of the prison, as they shall judge necessary for the maintenance of good order and discipline in such prison.

17th. The surgeon shall examine every prisoner who shall be brought into the prison, before he or she shall be passed into the proper ward; and no prisoner shall be discharged from prison if labouring under Illness. any acute or dangerous distemper, nor until, in the opinion of the surgeon, such discharge is safe, unless such prisoner shall require to be discharged. The wearing apparel of every prisoner shall be fumigated and Apparel. purified, if requisite, after which the same shall be returned to him or her, or in case of the insufficiency of such clothing, then other sufficient clothing shall be furnished, according to the rules and regulations of the prison; but no prisoner before trial shall be compelled to wear a Prison dress. prison dress, unless his or her own clothes be deemed insufficient or improper, or necessary to be preserved for the purposes of justice; and no prisoner who has not been convicted of felony shall be liable to be clothed in a party-coloured dress; but if it be deemed expedient to have a prison dress for prisoners not convicted of felony, the same shall

be plain.

&c. walls.

"18th. Every prisoner shall be provided with suitable bedding; and Bedding, &c. every male prisoner with a separate bed, hammock, or cot, either in a separate cell or in a cell with not less than two other male prisoners. 19th. The walls and ceilings of the wards, cells, rooms, and passages Whitewashing, used by the prisoners throughout every prison shall be scraped and me-washed at least once in the year: the day-rooms, work-rooms, assages, and sleeping-cells shall be washed or cleansed once a week, or ftener if requisite. Convenient places for the prisoners to wash them- Washing. selves shall be provided, with an adequate allowance of soap, towels,

and combs.

20th. All prisoners shall be allowed as much air and exercise as may Exercise. be deemed proper for the preservation of their health.

"21st. No tap shall be kept in any prison; nor shall spirituous li- Spirituous ors of any kind be admitted for the use of any of the prisoners therein, liquors, &c. under any pretence whatever, unless by a written order of the surgeon,

(a) As to the gaol allowance for persons confined under excise process, see ante,

"Excise," Vol. II.

VOL. III.

BB

7. Rules, clas- specifying the quantity, and for whose use. [And see the 5th rule of sification, go- 2 & 3 Vict. c. 56, infra]. No wine, beer, cider, or other fermented vernment, and liquors shall be admitted for the use of any prisoners, except in such treatment of quantities, in such manner, and at such times, as shall be allowed by prisoners. the rules hereafter to be made in pursuance of this act." (See the 40th sect. and the 6 Geo. IV. c. 80, ss. 134, 135, against the use of spirits in gaols, post, 385).

4 Geo. 4, c. 64.

Gaming.

Garnish money.

Death of prisoner.

Prison regulations as to murderers under sentence.

Further rules to be observed as required by 2 & 3 Vict. c. 56.

No keeper, &c. to let to hire, &c., or deal in articles.

Keeper to state why he omits inspection.

Locks, &c. of cells of female prisoners.

employed as

turnkey, &c.

"22nd. No gaming shall be permitted in any prison; and the keeper shall seize and destroy all dice, cards, or other instruments of gaming. "23rd. No money under the name of garnish shall be taken from any prisoner on his or her entrance into the prison, under any pretence whatever." (See the 7th rule of 2 & 3 Vict. c. 56, post 371,).

"24th. Upon the death of a prisoner, notice thereof shall be given by the keeper forthwith to one of the visiting justices, as well as to the coroner of the district, and to the nearest relative of the deceased, where practicable."

By stat. 9 Geo. IV. c. 31, s. 6, "Every person convicted of murder shall, after judgment, be confined in some safe place within the prison, apart from all other prisoners, and shall be fed with bread and water only, and with no other food or liquor, except in case of receiving the sacrament, or in case of any sickness or wound, in which case the surgeon of the prison may order other necessaries to be administered; and no person but the gaoler and his servants, and the chaplain and surgeon of the prison, shall have access to any such convict, without the per mission in writing of the court, or judge, before whom such convict shall have been tried, or of the sheriff or his deputy: provided always that in case the court or judge shall think fit to respite the execution of such convict, such court or judge may, by a license in writing, relax, during the period of the respite, all or any of the restraints or regulations hereinbefore directed to be observed."

As to the burial of the dead bodies of murderers after execution in the prison, &c., see "Homicide," Vol. III. As to their burial in case of death before execution, see "Church,” Vol. I.

The 2 & 3 Vict. c. 56, s. 6, enacts, "That the following rules shall be observed in every prison in England and Wales, in addition to and in amendment of the other rules and regulations which shall be in force in such prison:

"1st. No keeper nor officer of a prison, nor any person in trust for or employed by him, shall let or have any benefit or advantage from the loan or letting of any article or any dealing whatsoever to or with any prisoner." (And see the 1st rule of 4 Geo. IV. c. 64, ante, 367).

"2nd. In every prison in which the keeper shall not visit every ward, and see every prisoner, and inspect every cell, once at least in every twenty-four hours, the keeper shall state the cause of omission in his journal.

3rd. The wards, cells, and yards allotted to female prisoners shall be locked by keys in the custody of the matron, and secured by locks different from those securing the wards, cells, and yards allotted to male prisoners.

Prisoner not to be "4th. No prisoner shall be employed as turnkey, assistant 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 rule shall not be taken to prevent the employment of any debtor in that part of the pri son in which he or she may be lawfully confined in any manner is which he or she shall be willing to be employed, and which is consistent with his or her safe custody.

Orders of surgeon for admission of

"5th. Every order of the surgeon for the admission of spirituous spirits or tobacco. liquors or tobacco into the prison shall be in writing, and shall be entered by him in his journal; and no tobacco in any shape shall be admitted for the use of any prisoner, except in such quantities, in such