manner, and at such times as shall be ordered by the surgeon; and the 7. Rules, classurgeon shall enter in the English language day by day, in a journal sification, gowhich shall be kept in the prison, an account of the state of every sick vernment, and prisoner, the name of his or her disease, and a description of the medicines treatment of and diet, and any other treatment which he may order for such prisoner. prisoners. "6th. No prisoner shall be kept in irons for more than twenty-four hours without an order in writing from a visiting justice, or visitor where there are no visiting justices, specifying the cause thereof, and the time during which the prisoner is to be kept in irons, which order shall be preserved by the keeper as his warrant." (And see the 12th rule of 4 Geo. IV. c. 64, ante, 368). 2 & 3 Vict. c.56. Keeping in irons. "7th. No money, food, perquisite, or gratuity of any kind, under Garnish money. the name of garnish, or under any name or pretence whatever, shall be taken or received from any prisoner on his or her entrance into the prison, or from any person on his or her account, or at any other time; but the keeper of every prison, or such other person as shall be directed Charge of pri by the rules of the prison, shall take charge of the monies and effects of soner's effects. every prisoner, for safe custody only, and for the purpose of being restored to such prisoner, or to some person on his or her behalf, under such regulations as may be made for that purpose. except cho "8th. No books or printed papers shall be admitted into any prison Books or printed but those which shall be chosen by the chaplain for the use of pri- papers prohibited, soners belonging to the Established Church, and by the visiting justices sen by the chapfor the use of the other prisoners; and the keeper shall keep a catalogue lain, &c. of all books and printed papers allowed to be admitted into the prison: provided always, that in case there shall be a difference of opinion between the chaplain and visiting justices with respect to the books or papers proper to be admitted for the use of the prisoners belonging to the Established Church, reference shall be had to the bishop of the diocese, whose decision shall be final." We have already seen that magistrates at sessions are empowered to make other rules and regulations than those pointed out by the above enactments. (See ante, 340). (2). CLASSIFICATION OF PRISONERS. Additional regumade by justices, lations may be &c. We have already pointed out several statutory provisions as to the Classification of mode of constructing or altering gaols, in order to provide for a due clas- prisoners. sification of prisoners. (Ante, 339). The first enactment for such classification is that contained in the 6th rule of the 4 Geo. IV. c. 64, s. 10, which enacts, "That the male and female prisoners shall be confined in separate buildings or parts of the prison, so as to prevent them from seeing, conversing, or holding any intercourse with each other; [and see the rule of 2 & 3 Vict. c. 56, as to locks of cells, ante, 370]; and the prisoners of each sex shall be divided into distinct classes, care being taken that prisoners of the following classes do not intermix with each other: "In Gaols "1st. Debtors and persons confined for contempt of court on civil process. "2nd. Prisoners convicted of felony. "3rd. Prisoners convicted of misdemeanors." 3 & 4 Vict. c. 25, s. 2, post, 375]. [But see now the "4th. Prisoners committed on charge or suspicion of felony. "5th. Prisoners committed on charge or suspicion of misdemeanors or for want of sureties. "In Houses of Correction "1st. Prisoners convicted of felony. "2nd. Prisoners convicted of misdemeanors." [But see now the 3 & 4 Vict. c. 25, s. 2, post, 375]. 7. Rules, classification, government, and treatment of prisoners. 4 Geo. 4, c. 64. Justices may authorize employment of prisoners in menial offices. Power to the keeper to confine a prisoner with another class till he receives the directions of a visiting justice. Classification of &c., where the whole number of wards, &c. is not required. "3rd. Prisoners committed on charge or suspicion of felony. "Such prisoners as are intended to be examined as witnesses in behalf of the crown, in any prosecution, shall also be kept separate in all gaols and houses of correction." "Provided always, that nothing herein contained shall be construed to extend to prevent the justices from authorizing, at their discretion, the employment of any prisoner in the performance of any menial office within the prison, or for the purpose of instructing others; [but see 2 & 3 Vict. c. 56]; and provided also, that if the keeper shall at any time deem it improper or inexpedient for a prisoner to associate with the other prisoners of the class to which he or she may belong, it shall be lawful for him to confine such prisoner with any other class or description of prisoners, or in any other part of the prison, until he can receive the directions of a visiting justice thereon, to whom he shall apply with as little delay as possible, and who, in every such instance, shall ascertain whether the reasons assigned by the keeper warrant such deviation from the established rules, and shall give such orders in writing as he shall think fit, under the circumstances of the particular case." Stat. 5 Geo. IV. c. 85, s. 10, reciting, "That in some other counties and places to which the said recited act [4 Geo. IV. c. 64] extends, by reason of the small number of prisoners usually confined therein, it may not be necessary to provide the whole number of wards and airing grounds thereby required, but it is necessary to provide that in all prisons some certain means of classification should be secured;" enacts, "That in every prison to which the said recited act extends, except Canterbury, Lichfield, and Lincoln, [see the 2 & 3 Vict. c. 56, ante, 338], provision shall be made for the following classification, at the least: "In all such gaols, the male and female prisoners shall be confined in prisoners in gaols, separate wards or parts of the gaol. The male prisoners shall be divided into five classes: first, debtors and persons committed for contempt of court on civil process; second and third, prisoners convicted, who may be put into either of these classes, as to the visiting magistrates may seem meet, reference being had to the character and conduct of the prisoners, and the nature of their offence; fourth and fifth, prisoners committed for trial, who may also be put into either of these two classes, as to the visiting magistrates may seem meet, reference being had in like manner to the character and conduct of the prisoners and the nature of their offence. "The female prisoners shall be divided at least into three classes: first, debtors and persons committed for contempt of court on civil process; second, prisoners convicted; third, prisoners committed for trial. "In all such houses of correction, the male and female prisoners shall also be confined in separate wards or parts of the house. The male prisoners shall be divided into five classes: first and second, prisoners convicted, who may be put into either of such classes as to the visiting magistrates may seem meet, regard being had to the character and conduct of the prisoners, and the nature of their offence; third and fourth, prisoners committed for trial,-in all houses of correction where such prisoners are received, such prisoners may be put into either of these classes as to the visiting magistrates may seem meet, regard being had, as already mentioned, to the character and conduct of the prisoner and the nature of his offence; fifth, vagrants. "In places where the gaol and house of correction are united, the male prisoners shall be divided into six classes at least: first, debtors and prisoners committed for contempt of court on civil process; second and third, convicted prisoners; fourth and fifth, those committed for trial; such prisoners to be assigned to either of these classes of prisoners convicted or committed respectively as to the visiting magistrates shall seem meet, regard being always had to the character and conduct of the prisoners and the nature of their offence: sixth, vagrants. "The female prisoners, in each of such houses of correction, shall be divided into three classes: first and second, prisoners convicted; the prisoners to be put into either of such classes, as to the visiting magistrates shall seem meet, regard being had to their character and conduct, and the nature of their offence; vagrants shall be assigned to one or the other of these classes, as the visiting magistrates, in their discretion, may see meet: third, where females are committed to any house of correction before trial, they shall be kept in a class by themselves." Sect. 11, reciting, "That in some counties of Wales it may be consistent with the due classification of the prisoners, to dispense with some of the wards or airing grounds required by the said recited act [4 Geo. IV. c. 64] and this act," enacts, "That if the court of quarter sessions of any county in Wales shall, during the present year, present a petition to the lords of his Majesty's privy council, setting forth the whole number of prisoners imprisoned in the common gaol and house or houses of correction of such county, within the last seven years, with the causes of their imprisonment respectively, so as to exhibit in which of the classes prescribed by the said recited act, or this act, each such prisoner would have been included, and showing also the greatest number of such prisoners imprisoned in such gaol and house or houses of correction, at any one time in each of the said seven years; and setting forth fully and particularly the then state of such gaol and house or houses of correction, and an estimate of the expense which would be incurred by enlarging such gaol, or such house of correction, to which the petition shall apply, so as to admit of the whole number of wards and airing grounds required by the said act, or this act, and the amount of the county rate, for each of the said seven years, and praying a dispensation with some part of the wards or other accommodations required by the said act or this act, which under the circumstances of such county may to such court appear unnecessary, it shall be lawful for the said lords of the privy council to take such petition into their consideration, and, if they shall see fit, to make an order thereon, directing in what manner and to what extent it shall be sufficient for such County to comply with the provisions of the said act and this act, and making such regulations touching the same as to them shall seem meet; and such county, duly complying with such order, shall not be liable to be indicted, or otherwise impeached, for not further conforming itself to the regulations of the said act and this act, in regard to the extent of its prisons, or the wards into which they are divided, or the accommodation to be found therein: any thing in the said recited act or this act to the contrary notwithstanding." Sect. 12. "Any person confined in any prison to which the said recited act extends, for non-payment of any penalties incurred under the revenue laws, may be assigned to such class of convicted prisoners for whom a separate ward is therein provided, as the visiting magistrates in their discretion may think fit, regard being had to the character of the prisoner and his or her conduct while in prison; and the reasons for assigning such prisoner to any particular class of convicts shall be reported by the visiting magistrates to the quarter sessions." 7. Rules, classification, government, and treatment of prisoners. 5 Geo. 4, c. 85. Regulations herein mentioned may be dispensed with in Welsh counties. Proviso respecting breach of revenue, Sect. 13. "Where, in any prison, there shall be only one prisoner To prevent solibelonging to any class in the said act, or herein specified, such prisoner tary confinement. may be assigned, with his or her own consent, to any other class of prisoners of the same sex which the visiting magistrates in their discretion shall think fit." Sect. 14, reciting that, "By stat. 4 Geo. IV. c. 64, it is required, that when the gaol and house of correction are inclosed within the same boundary wall, it shall be ascertained and declared what part or parts Where gaol and house of correction are contiguous, chapel and infir 7. Rules, classification, government, and treatment of prisoners. 2 & 3 Vict. c. 56. mary may be common to both. Prisoners may be separately confined. Separate confinement not to be deemed solitary confinement. Regulations respecting separate confinement. Further regulations as to differ. ent classes of prisoners. shall be considered as the gaol, and what as the house of correction," enacts, "That notwithstanding anything in the said act contained, it may be lawful for the justices, in their general or quarter sessions, to declare in any such case that such parts of the buildings as shall be appropriated for the chapel, and for the sick wards or infirmaries, shall be common both to the gaol and to the house of correction, and that in that case a double set of wards shall not be necessary." The 2 & 3 Vict. c. 56, s. 3, enacts, "That, in order to prevent the contamination arising from the association of prisoners in any prison in which rules for the individual separation of prisoners shall be in force, any prisoner may be separately confined during the whole or any part of the period of his or her imprisonment, under the restrictions hereinafter provided." Sect. 4 declares and enacts, "That separate confinement under the provisions of this act shall not be deemed solitary confinement within the meaning of any act forbidding the continuance of solitary confinement for more than a limited time: provided always, that no cell shall be used for the separate confinement of any prisoner which is not of such a size, and lighted, warmed, ventilated, and fitted up in such manner as may be required by a due regard to health, and furnished with the means of enabling the prisoner to communicate at any time with an officer of the prison; and that no cell shall be used for such separate confinement until its fitness in these several particulars shall have been certified by one of the inspectors of prisons to one of her Majesty's principal secretaries of state; and that every prisoner so separately confined shall have the means of taking air and exercise at such times as shall be deemed necessary by the surgeon, and shall be furnished with the means of moral and religious instruction, and with suitable books, to be chosen as hereinafter provided, and also with labour or employment, unless it shall be deemed advisable by the secretary of state to make and certify a regulation for withholding, for a period or periods not exceeding one calendar month at any one time, such labour or employment: provided also, that if it shall at any time be made to appear to the secretary of state that the conditions upon which such rules for the separate confinement of prisoners were allowed have not been fulfilled, or that upon further inquiry it shall appear that the provisions required are insufficient, it shall be lawful for the secretary of state to annul the rules so made and allowed as aforesaid, and thenceforward the rules so annulled shall cease to be of force in that prison, and thereafter it shall not be lawful to continue any prisoner in separate confinement in that prison until new provisions shall have been made and allowed as aforesaid for the separate confinement of prisoners therein: provided also, that in case the prison shall be inadequate for the individual separation of all the prisoners who may be confined therein at one time, the rules of the prison shall specify the class or description of prisoners who shall be confined in the separate cells, having regard either to the nature of the crime with which the prisoner may be charged, or of which he or she may have been convicted, or to the sex or age of the prisoner, or to the term of imprisonment, or to such other circumstances as the persons authorized to make such rules shall think fit, and as the secretary of state shall approve." Sect. 5. "That the prisoners of each sex in every gaol, house of correction, bridewell, and penitentiary in England and Wales, which, before the passing of this act, was not within the provisions of the said act of the fourth year of the reign of King George the Fourth, as amended by the said act of the fifth year of the same reign, and in which a more minute classification or individual separation shall not be in force, shall be at least divided into the following classes; (that is to say), "First-Debtors, in those prisons in which debtors may be lawfully confined. [But this is repealed by 3 & 4 Vict. c. 25, s. 1, post, 375.] "Second-Prisoners committed for trial. "Third-Prisoners convicted, and sentenced to hard labour. "Fourth-Prisoners convicted, and not sentenced to hard labour." [See 3 & 4 Vict. c. 25, s. 2, infra, by which prisoners convicted of misdemeanors, and not sentenced to hard labour, are to be divided into two divisions at least.] "Fifth-Prisoners not included in the foregoing classes. "And that in every prison in England and Wales, separate rules and regulations shall be made for every class of prisoners in that prison." 7. Rules, classification, government, and treatment of prisoners. 2 & 3 Vict. c. 56. Certain parts of repealed. Regulations respecting debtors victed of misdemeanors. and persons con The 3 & 4 Vict. c. 25, intituled "An Act to amend the Act for the better ordering of Prisons," [3rd July, 1840], enacts, "That so much of the recited act said act [2 & 3 Vict. c. 56] as renders the rules, orders, and regulations therein prescribed and set forth applicable to debtors shall be repealed." Sect. 2. "That in every prison in which debtors may be lawfully confined, the persons authorized by law to make rules and regulations for the government of such prison shall, with the approval of one of her Majesty's principal secretaries of state, make such rules, orders, and regulations for the good management of the debtors confined therein as shall by them from time to time be regarded as fit and necessary; and that in every gaol, house of correction, bridewell, and penitentiary, in England and Wales, prisoners convicted of misdemeanors and not sentenced to hard labour shall be divided into at least two divisions, one of which shall be called the first division, and that separate rules and regulations shall be made for each division, and that the rules enacted by the said act of the last session of Parliament shall not apply to the said first division; and that whenever any person convicted of misdemeanor shall be sentenced to imprisonment without hard labour, it shall be lawful for the court or judge before whom such person shall have been tried to order, if such court or judge shall think fit, that such person shall be confined with the prisoners of the said first division; and no prisoner respecting whom no such order shall be made shall be confined with the prisoners of the said first division." (3). FOOD, CLOTHING, &c. As to this, see the general regulations, ante, p. 369; as to food in the Food and clothing. case of hard labour, see post, 376. By some opinions (9 Co. 87; Co. Lit. 295. a) a gaoler is compellable to find his prisoner sustenance; but as this is denied by others, and as there are several statutes which provide for the maintenance of prisoners without supposing the gaoler any way obliged to maintain them, it seems this opinion is not maintainable. (Bac. Ab., “Gaols,” (ƒ)). (4). EMPLOYMENT, LABOUR, &c. We have already noticed some rules as to the employment of pri- Employment, soners in hard labour, &c., and the hours for employment, &c., ante, labour, &c. 367; and as to hard labour in general, see the 3 Geo. IV. c. 114, post, "Hard Labour," Vol. III. The 4 Geo. IV. c. 64, s. 37, reciting, "That persons are often committed to prison for trial, who are willing to be employed in such work or labour as can be conveniently executed or done in the prison to which they are so committed, and it is fit that such persons should be so employed rather than that they should be obliged to remain idle during their confinement," enacts, "That it shall and may be lawful for any one or more visiting justice or justices of any prison to which this act shall extend to authorize, by an order in writing, the employment of any such prisoners, with their own consent, [see 5 Geo. IV. c. 85, s. 16, post,376], in any such work or labour; and it shall be lawful for the keeper of such prison to employ such prisoner in such work or labour accordingly, and to pay to such prisoners any such wages or portion of the In what cases persons committed employed. for trial may be |