(7). PRISONERS DISOBEYING RULES, AND OTHERWISE REFRACTORY. By stat. 4 Geo. IV. c. 64, s. 41, "The keeper of every prison shall have power to hear all complaints touching any of the following offences; (that is to say), disobedience of any of the rules of the prison; assaults by one person confined in such prison upon another, when no dangerous wound or bruise is given; profane cursing and swearing; any indecent behaviour, and any irreverent behaviour at chapel; all of which are declared to be offences by this act, if committed by any description of prisoners; absence from chapel without leave; idleness or negligence in work, or wilful mismanagement of it; which are also declared to be offences by this act, if committed by any prisoner under charge or conviction of any crime: and the said keeper may examine any persons touching such offences, and may determine thereupon, and may punish all such offences, by ordering any offender to close confinement in the refractory or solitary cells, and by keeping such offenders upon bread and water only, for any term not exceeding three days." Sect. 42. "In case any criminal prisoner shall be guilty of any repeated offence against the rules of the prison, or shall be guilty of any greater offence than the gaoler or keeper is by this act empowered to punish, the said gaoler or keeper shall forthwith report the same to the visiting justices, or one of them, for the time being; and any one such justice, or any other justice acting in and for the county, or riding, or division of a county, or for the district, city, town, or place to which such prison belongs, shall have power to inquire upon oath, and to determine concerning any such matter so reported to him or them, and to order the offender to be punished by close confinement for any term not exceeding one month, or by personal correction in the case of prisoners convicted of felony or sentenced to hard labour." As to putting them in irons, see ante, 368, 371. (8). REMOVAL OF PRISONERS, IN CERTAIN CASES. By stat. 4 Geo. IV. c. 64, s. 51, "Whenever the justices in general or quarter sessions assembled shall deem it necessary that the prisoners, or any part of them, shall be removed from any house of correction within their jurisdiction, in order that the same may be repaired, improved, enlarged, or rebuilt, or on account of any contagious or infectious disease therein, or of the over-crowded state of such house of correction, or for any of the purposes of this act, it shall and may be lawful for the said justices, by an order in writing, to be signed by the chairman of such general or quarter sessions, to direct the keeper of such house of correction to remove such prisoners to such other prison or place of confinement within their jurisdiction as the said justices shall appoint, and to confine such prisoners therein during the time such necessity shall exist; and that when such house of correction shall be repaired, enlarged, improved, or rebuilt, it shall be lawful for the said justices, by a like order in writing, to direct the said keeper to remove to the house of correction so repaired, enlarged, improved, or rebuilt; or when such contagious disease shall have ceased to exist, or the purposes for which the prisoners shall have been so removed shall have been answered, to remove back to the house of correction from whence the prisoners came, all such prisoners as shall then remain in his custody; and that if, for any of the causes above recited, the said justices so assembled as aforesaid shall deem it necessary to remove the debtors and other prisoners from any common gaol, the said justices shall give due and sufficient notice thereof in writing to the sheriff of such county, riding, division, city, or town; whereupon it shall be lawful for the said sheriff to remove such debtors and other prisoners 7. Rules, clas- to such prison or other place of confinement within his jurisdiction as sification, go- the justices, with the consent of the said sheriff, shall appoint, and vernment, and to confine them therein during the time such common gaol shall treatment of be repairing, enlarging, improving, or rebuilding, or during the con prisoners. 4 Gen. 4, c. 64. New gaol or prison previously otherwise used, may be declared the county gaol. tinuance of such contagious disease, on account of which the said prisoners were removed, or during such time as shall be requisite for any purposes of this act; and that, when such gaol shall be made fit for the reception and safe keeping of such debtors and other prisoners, then it shall be lawful for the said sheriff to remove thither all such prisoners as shall then be in his custody; and further, if a new common gaol shall be erected, or a prison previously used for other purposes shall be adapted to the use of a common gaol, and the justices in general or quarter sessions assembled shall, with the consent of the sheriff, order and declare, that, from a day to be named, such new gaol, or prison newly adapted to such purpose, shall become the common gaol, it shall be lawful for the sheriff, on that day, or at any time thereafter, to remove all prisoners in his custody to the last-mentioned gaol or prison." Sect. 52. "Whenever any contagious disease, or other emergency, shall render necessary the immediate removal of the prisoners, or any necessary, visiting of them, confined in any gaol or house of correction, and that, previous In cases where immediate remo val of prisoners is justices empow ered to order the same. Order of visiting justices laid before sessions. Proviso for re thereto, it shall be impossible to obtain for such purpose the order of the justices, in general or quarter sessions assembled, it shall and may be lawful for the visiting justices of such prison, and they are hereby empowered to issue an order under their hands and seals, to the keeper of every such prison to remove such prisoners, or any of them, to such other prison or other place of confinement within their jurisdiction as shall be specified in such order." Sect. 53. "Every such removal shall be subject to all such restric tions, as to its duration, as is hereby required and directed, and that every such order of visiting justices shall be laid before the justices assembled at the general or quarter sessions of the peace which shall be held next after such order shall have been made; provided also, that the prisoners movals of prison- confined in any common gaol of any county, city, town, or place, shall not be removed without the consent of the sheriff of such county, city, town, or place; provided also, that no removal made under the authority of this act shall be deemed or taken to be an escape; and that nothing herein contained shall extend to discharge the sheriff or other officer from being answerable for the actual escape of any prisoner in his custody." ers from county gaols. When only to be removed. His Majesty may order prisoners to be removed from one prison to another. False imprisonment in gaoler to By stat. 31 Car. II. c. 2, s. 9, if any person shall be committed to any prison for any criminal or supposed criminal matter, he shall not be removed from thence, unless it be by habeas corpus, or some other legal writ, or where he is removed from one prison or place to another within the same county, in order to his trial or discharge, or in case of sudden fire or infection, or other necessity, on pain that the person making out and signing or countersigning any warrant for such removal, and the person executing the same, shall forfeit, for the first offence, £100, and for the second, £200, to the party aggrieved, by action of debt, bill, plaint, or information, in the King's courts at Westminster. By 5 & 6 Will. IV. c. 38, s. 11, it shall be lawful for his Majesty, by an order in writing, to be notified in writing by one of his Majesty's principal secretaries of state, to direct that any persons in prison, within England and Wales, under sentence of any court, or of any competent authority, for any offence committed by them, shall be removed from the prison in which they are confined to any other of his Majesty's pri sons or penitentiaries within England and Wales, there to be imprisoned for and during their respective terms of imprisonment. It seems that a gaoler bringing a prisoner out of his county to be remove a prisoner present at the trial of an information on the game laws, in which he is defendant, without having a habeas corpus or judge's order for that out of jurisdic purpose, is liable to an action for false imprisonment at the suit of such 7. Rules, clasprisoner. (Bint v. Lavender; Pitts v. Same, 1 C. & P. 659, Cor. Littledale, J.) As to the removal of a prisoner under sentence of death from the gaol to the house of correction, for the purpose of his being kept to hard labour, see the 2 & 3 Vict. c. 56, s. 17, ante, 380. sification, government, and treatment of prisoners. 4 tion without warrant. Removal of prisoner under sen recommend (9). DISCHARGE OF PRISONERS, AND ALLOWANCE, &c. on. By stat. 4 Geo. IV. c. 64, s. 16, "If the said visitors shall at any time tence of death. observe, or be satisfactorily informed, of any extraordinary diligence or Geo. 4, c. 64. merit in any prisoners under their inspection, they shall report the same Visitors may to the justices of peace for the county, riding, division, district, city, offenders to sestown, or place, at their next or any subsequent general or quarter sessions on account sions to be holden for the county or place in which such prison is situof good conduct. ate, in order that such justices may, if they shall think proper, recommend any such offender to the royal mercy, in such degree or upon such terms as to them shall seem meet; and if his Majesty shall thereupon Allowance to such be graciously pleased to shorten the duration of such prisoner's confine- offenders on their ment, such prisoner shall, upon his or her discharge, together with necessary clothing, receive such sum of money for his or her subsistence as the visiting justices for the time being shall think proper; so as such sum shall not exceed 20s., nor be less than 5s., in case such offender shall have been confined for the space of one year, and so in proportion for any shorter term of confinement; and such sums of money, as also the expense of such clothing, shall be paid out of the county rate or other rate applicable to the expenses of prisons." Sect. 39, reciting, that "It is desirable that prisoners discharged from prison should be supplied with the means of returning to their families, or to their place of settlement, or to some place of employment, where they may be engaged in a life of honest labour for their maintenance, and prevented from pursuing evil courses," enacts, "That it shall and may be lawful for any one or more of the visiting justice or justices of any prison to which this act shall extend, from whence any prisoner shall be discharged, to direct that such moderate sum of money shall be given and paid to any and every such prisoner so discharged, who shall not have the means of returning to his or her family or place of settlement, or resorting to any place of employment or honest occupation, as in the judgment of such justice or justices shall be requisite and necessary for such purpose, under all the circumstances attending the case of any such prisoner; and that such sum of money shall be paid by the keeper of such prison, to or for the use of such prisoner, for the purpose aforesaid; and that all such sums shall be provided for, either out of such bequests or benefactions as aforesaid, or in such manner as is by this act directed with respect to the expense of the support and maintenance of the prisoners in such prisons respectively." discharge. For supplying to prisoners dischargreturning to their home, &c. ed the means of forded means of But stat. 5Geo. IV. c. 85, s. 22, reciting, that "It is desirable that more effectual means should be afforded, whereby prisoners discharged from prison should be enabled to return to their place of settlement," enacts, That when any prisoner discharged from prison shall be desirous of Discharged pribeing supplied with the means of so returning, it shall and may be law-soners to be afful for any two visiting justices of such prison, upon application from returning to their such prisoner, to take the examination in writing upon oath of such place of settleprisoner, as to his or her last legal place of settlement; and upon such examination, and such other evidence as the said visiting justices may be able to procure, it shall be lawful for the said visiting justices, if they shall so think fit, to afford to such prisoner the means of returning to his or her place of last legal settlement, in the manner hereinafter directed." ment. Sect. 23. "It shall be lawful for the justices of the peace of each and Engraved or 7. Rules, classification, government, and treatment of prisoners. 5 Geo. 4, c. 85. printed forms of passes to be provided for use of visiting justices. every county, riding, or division, in England, in their general or quarter sessions assembled, to cause engraved copper-plates, or printed forms of passes, to be provided, according to the form in schedule (B), annexed to this act, bearing his Majesty's arms, and sealed with the county seal or with a seal to be specially provided for that purpose; and the suc justices may cause the same to be issued to the keepers of the several prisons within their respective counties, ridings, or divisions, for the use of the visiting justices of each such prison, whenever any prise e prisoners discharged from, or about to be discharged from, such prist, shall apply to be furnished with the same; and the said visiting justice shall, if, after a due consideration of the circumstances, they shall deen it expedient, fill up the blanks in every such pass, and certify the same. and make out a route in the proper column for the purpose, of each suca prisoner, and for the child or children, if any, of each such prisoner, spe cifying the place to which such prisoner and such child or children is er are going, and the time to which the said pass is (except in cases of sickness or unavoidable accident) limited, in order that such prisoner may receive such allowances as are authorized by this act, not exceeding 144 velling prisoners. per mile for such prisoner, and 1d. per mile for each child, which, fre being in a state of nurture, or without other protection, may have bec confined in prison with such prisoner." Allowance to tra Overseers of poor to pay a certain allowance to pri soners on producing their pass. County treasurer to repay overseer money advanced. • Sic. Discharged pri his pass at the last place of receiving allowance. 66 Sect. 24. Upon the production of such pass to any overseer of the poor of any place through which such discharged prisoner shall proceed, according to the route specified in such pass, he shall, out of any money in his hands applicable to the relief of the poor, pay such discharged pri soner an allowance not exceeding the rate per mile specified in such pas as aforesaid, for the number of miles to the next city, town, or place, t which he or she may be going; and he shall indorse on such passe money so paid, and take a receipt for the same from the discharged pri soner, signed with his or her hand or mark." Sect. 25. "The said sums so advanced by any overseer shall, upc production and delivery of such receipt to the treasurer of the county, riding, or division in which the parish or place of such overseer* (a), be repaid to such overseer, for the use of the fund for the relief of the poor of such parish or place, by the said treasurer." the Sect. 26. "Every such discharged prisoner shall, at the last place of soner to deliver up his or her receiving any allowance under this act, deliver up such pass to the overseer of the poor advancing such allowance, who shall transmit the same to the keeper of the prison from which such prisoner shall have been discharged; and if there be indorsed upon such pass, or upon cover thereof, the words 'pass of a discharged prisoner," and the said pass be sent without a cover, or in a cover open at the sides, and without any paper or thing inclosed therein, and without any writing other than the matter of such pass, and than the superscription upon the same or n the cover thereof, such pass shall be charged with the usual rate of postage at the post-office of the town or place from which it shall be so sent: but the amount of the said postage shall be remitted and returned to tà keeper of such prison, on his producing such pass to the postmaster the town or place to which such pass shall be sent as aforesaid; provided that such keeper shall have first signed the declaration contained in the schedule to this act annexed, and that such declaration shall have been attested by one of the visiting justices of such prison, in the manner prescribed in the said schedule." Where term of imprisonment ex pires on a Sunday, prisoner to be dis charged on the preceding Saturday. By 5 & 6 Will. IV. c. 38, s. 12, “Every person confined in any prison, whose term of imprisonment would, according to his or her sentence, have expired on any Lord's day, shall be entitled to his or her discharge from such prison on the Saturday next preceding such Lord's day; and every keeper, governor, or other officer of any prison, having (a) There is an omission here of the words "is situate." the custody of any such prisoner as aforesaid, is hereby authorized and required to discharge such prisoner on the Saturday next preceding any such Lord's day.” (10). BENEFACTIONS, &c. TO PRISONERS. 8. Introducing spirituous liquors, &c. into gaols, &c. benefactions may be applied. Stat. 4 Geo. 4, c. 64, s. 35, after reciting that "provision is made in this 4 Geo. 4, c. 64. act for supplying poor prisoners with food and clothing; and whereas bequests have been made, and benefactions have been given, for supplying such poor criminal prisoners with these necessaries," enacts, "That How bequests and it shall and may be lawful for the justices in general or quarter sessions assembled, to apply such bequests or benefactions for the benefit of such poor prisoners, either by providing them with the implements of labour, or with the means of returning to their own homes, or in such manner as to the magistrates may appear expedient." 66 Jurisdiction of others to examine into gifts for priMoners in London, Surrey, and other counties, &c. chief justices and Middlesex, and Jurisdiction of charitable uses. commissioners for Sect. 36. The chief justices of the courts of King's Bench and Common Pleas, and the chief baron of the Court of Exchequer, or any one of them, together with the lord mayor and two of the aldermen, or with three of the aldermen of the city of London, for and in respect of the gaols and prisons within the city of London and the liberties thereof, and the said chief justices or chief baron, or any one of them, with three justices of the peace of the counties of Middlesex and Surrey respectively, for and in respect of the gaols and prisons in the counties of Middlesex and Surrey, and the justices of gaol delivery and great sessions, and the justices of peace of every other county, riding, and division of a county, at any general or quarter sessions of the peace to be holden for such county, riding, or division respectively, in their respective jurisdictions, and all commissioners for charitable uses, shall do their best endeavours and diligence to examine and discover the several gifts, legacies, and bequests bestowed and given for the benefit and advantages of the poor prisoners in the several gaols and prisons to which this act shall extend, and to send for any deeds, wills, writings, and books of account whatsoever, and any persons concerned therein, and to examine them upon oath to make true discovery thereof (and which such chief justices, chief barons, justices of gaol delivery and great sessions, mayor, aldermen, and justices of the peace, have hereby full power and authority to do), and to order and settle the payment, recovery, and receipt of all such gifts, legacies, and bequests, when so discovered and ascertained, in such easy and expeditious manner, that the prisoners for the future may not be defrauded, but receive the full benefit thereof, according to the true intent of the donors, or the provisions of this act; and that lists or tables of such gifts, legacies, and bequests, for the benefit of the prisoners in every gaol or prison respectively, fairly written, shall be registered by the clerks of the peace of the respective counties and places in the rolls of their respective sessions, without fee or reward, and copies thereof shall be hung up in such gaols and prisons respectively, in some open place, to which the prisoners may have resort, as occasion shall Prisoners may inrequire." room or VIII. Entroducing, &c. of Spirits and other forbidden Articles into Gaols, &c. Lists of gifts registered, and hung up in gaols. spect same. prisons. By stat. 4 Geo. IV. c. 64, s. 40, “If any person, in contravention of Carrying spirituthe existing rules, [see the rule, ante, 369,] shall carry or bring, or at- ous liquors into tempt or endeavour to carry or bring into any prison to which this act shall extend, any spirituous or fermented liquor, it shall be lawful for the gaoler, keeper, turnkey, or any other of the assistants to the said gaoler or keeper, to apprehend or cause to be apprended such offender, and to carry him or her before a justice of the peace, (who is hereby empowered to hear and determine such offence in a summary way), and Punishment, VOL. III. CC |