spirituous liquors, &c. into gaols, &c. 4 Geo. 4, c. 64. unless penalty paid. Search warrant. 8. Introducing if he shall lawfully convict such person of such offence, he shall forthwith commit such offender to the common gaol or house of correction, there to be kept in custody for any time not exceeding three months, without bail or mainprize, unless such offender shall immediately pay down such sum of money, not exceeding 201. and not less than 10%. as the justice shall impose upon such offender to be paid, one moiety to the informer, and the other moiety in aid of the rate applicable to the maintenance of such prison; and if any justice shall receive information upon oath, that any spirituous or fermented liquor is unlawfully ke or disposed of in any prison, he may enter and search, or issue his warrant to enter and search for such liquor; and in case it shall be found, it shall be lawful for the person so finding to seize the same, and cause Gaoler permitting it to be disposed of as the justice shall direct; and if any gaoler or keeper of any prison shall sell, use, lend, or give away, or knowingly permit suffer to be sold, used, lent, or given away, in such prison, or brought into the same, any spirituous or fermented liquor, in contravention of the existing rules of such prison, he shall, for every such offence, over and above any other punishment by this act enacted, forfeit and lose the sum of 201." sale of spirits. Penalty, 201. How far only spirits may be used there, &c. First offence. Second offence. Justices, upon information of the said offences, power constable to seize, &c. By stat. 6 Geo. IV. c. 80, s. 134, "No license shall be granted for the retailing of spirits within any gaol, prison, house of correction, or workhouse for any parish poor, and that all licenses granted or to be granted contrary to this provision shall be void and of no effect; and if any gaoler, keeper, or officer of any gaol, prison, or house of correction, or any governor, master, or officer of any workhouse for any parish poor, shall sell, use, lend, or give away, or knowingly permit or suffer my spirits to be sold, used, lent, or given away in any such gaols, prises, or houses of correction, or workhouses, or brought into the same, other than and except such spirits as shall be prescribed or given by the prescription and direction of a regular physician, surgeon, or apothecary, and to be applied in pursuance of such prescription from the shop some regular apothecary, every such gaoler, keeper, governor, master. or other officer, shall, for every such offence, forfeit and lose the sum of 1007.; and in case any such gaoler or other officer, being convicted thereof as aforesaid, shall again offend in like manner, and be thereof a second time lawfully convicted, such second offence shall be deemed a forfeiture of his office." Sect. 135. "It shall and may be lawful for his Majesty's justices of the peace, or any one of them, upon information upon oath that any may enter and em spirits are kept and disposed of in any such gaol, prison, house of correction, or workhouse for parish poor, to enter and search, or to authorize and empower any constable, headborough, or other peace-officer of the parish where any such places are situated, by warrant under his hand and seal, to enter and search any such gaol, prison, house of cor rection, or workhouse; and in case any spirits shall be found therein (except such as are directed to be used medicinally as aforesaid), it shall and may be lawful for such constable, headborough, or overseer of the poor, to seize such spirits, and cause the same to be forthwith staved and destroyed." (See Excise and Customs, Vol. II. Persons attempting to introduce forbidden articles into gaols may be apprehended." Punishment for such offence. p. 957). By 2 & 3 Vict. c. 56, s. 22, "If any person shall carry or bring, or attempt or endeavour, by throwing over the walls or any other means, to introduce, into any prison to which this act shall extend, any letters, tobacco, or other articles not allowed by the rules of such prison, it shall be lawful for any person to apprehend 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 if he shall lawfully convict such person of such offence, he shall forthwith commit such offender to the common gaol or house of correction, there to be kept, with or without hard labour, for any time not exceeding month, without bail or mainprize, unless such offender shall immediately pay down such sum of money, not exceeding five pounds, nor less one calendar than forty shillings, as such justice shall impose; and such fine shall be paid towards the expense of the maintenance of such prison,” 9. Visiting justices, &c. 4 Geo. 4, c. 64. IX. Visiting Justices, &c. Visiting justices to be appointed by sessions. By stat. 4 Geo. IV. c. 64, s. 16, "The justices in every county, riding, division, district, city, town, or place, to which this act shall extend, at the general or quarter sessions next after the commencement of this act, and at every ensuing general or quarter sessions, shall and they are hereby required to nominate two or more justices who shall consent thereto, to be visitors of each gaol and house of correction within their jurisdiction, and to report the names and places of abode of such visiting justices to one of his Majesty's principal secretaries of state; and one or more of the visiting justices so appointed shall per- Their Duties. sonally visit and inspect each prison at least three times in each quarter of a year, and oftener, if occasion shall require, and shall examine into the state of the buildings, so as to form a judgment as to the repairs, additions, or alterations, which may appear necessary, strict regard being had to the classification, inspection, instruction, employment, or hard labour required by this act, and shall further examine into the behaviour and conduct of the respective officers, and the treatment, behaviour, and condition of the prisoners, the means of setting them to work, the amount of their earnings, and the expenses attending the prison, and of all abuses within the same, and, in matters of pressing necessity, and within the powers of their commission as justices, shall take cognizance thereof, and proceed to regulate and redress the same; and if the said visitors shall at any time observe, or be satisfactorily informed of, any extraordinary diligence or merit in any prisoners under their inspection, they shall report the same to the justices of peace for the county, riding, division, district, city, town, or place at their next or any subsequent general or quarter session to be holden for the county or place in which such prison is situate, 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 be graciously pleased to shorten the duration of such prisoner's confinement, 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 58., 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." Visitors may recommend of on account of good conduct. fenders to sessions Allowance to such offenders on their discharge. Any justice, without being appoint visit the prison, and report abuses ed a visitor, may to sessions. Sect. 17. "It shall be lawful for any justice of the peace for any county, riding, or division, district, city, town, or place, at his own free will and pleasure, and without being appointed a visitor, to enter into and examine any prison of such county, riding, division, district, city, town, or place, at such time or times and so often as he shall see fit, and if he shall discover any abuse or abuses therein, he is hereby required to report them in writing at the next general or quarter sessions of the Peace, or adjourned sessions, which shall be holden for such county, riding, or division, district, city, town, or place; and then and so often Proceedings a report of any abuse or abuses in any such prison shall be made by the visiting justices, or either of them, or by any other justice of the peace for such county, riding, or division, district, city, town, or place, the abuse or abuses so reported shall be taken into immediate consideration by the justices of the peace for such county, riding, or division, district, city, town, or place, at the general or quarter sessions at which thereon, 11. Inspectors. 4 Geo. 4, c. 64. How far power of justices may extend as to intercourse with prisoners when they are committed to such report shall be made; and they are hereby required to adopt the most effectual measures for inquiring into and rectifying such abuse or abuses as soon as the nature of the case will allow." Sect. 18. "Nothing herein contained shall extend, or be construed to extend, to authorize or empower any visiting or other justice of the peace to converse or hold any intercourse or communication, except as hereinafter mentioned, with any person who may be committed by close confinement. lawful authority to any such gaol or other prison, there to be kept in safe and close confinement; but that, nevertheless, it shall and may be lawful for any visiting justice, so appointed as aforesaid, to visit and inspect, at all times when he shall think proper, the apartment or place in which such person shall be kept or confined in any prison, and also to see such person, and to hear or receive any representation from him or her as to his or her treatment in such prison, and to inquire and examine into the same; any thing herein contained to the contrary thereof notwithstanding." Officers required to perform certain duties in districts where sheriff or county treasurer has no jurisdiction or authority. Power to appoint inspectors. As to the duties of visiting justices in case of refractory prisoners, see ante, p. 381; in case of removal of prisoners, see ante, p. 381. As to the making the annual report to the secretary of state, see the 23rd section, post, 398. X. Sheriff, County Treasurer, Clerk of the Peace. By 4 Geo. IV. c. 64, s. 74, “ All matters and things which by this act the sheriff of any county is required or authorized to do and per form, shall, in those districts, cities, towns, liberties, or places where the sheriff hath no jurisdiction, be done and performed by the bailiff et bailiffs, or other like officer or officers, having or exercising within their respective districts, cities, towns, and liberties, duties analogous to the duties of the sheriff of a county; and that all matters and things which by this act the treasurer of any county is required or authorized to do and perform, shall, in those places where the county treasurer hath no authority, be done and performed by the officer or officers having and exercising within such places duties analogous to those of a county treasurer; and that all matters and things which by this act the clerk of the peace of any county, riding, or division, is required or authorized to do and perform, shall, in those places where the clerk of the peace of the county hath no authority, be done and performed by the town clerk, or other like officer having and exercising within such places duties analogous to those of the clerk of the peace of any county." See further as to the duties and liabilities of these officers, titles, "Sheriff," "County Treasurer,” “Clerk of the Peace.” XI. Enspectors. and By 5 & 6 Will. IV. c. 38, s. 7, " It shall be lawful for one of his M3jesty's principal secretaries of state to nominate and appoint a sufficient number of fit and proper persons, not exceeding five, to visit and inspect, either singly or together, every gaol, bridewell, house of correc tion, penitentiary, or other prison or place kept or used for the confine, ment of prisoners, in any part of the kingdom of Great Britain; every person so appointed shall have authority to examine any person holding any office or receiving any salary or emolument in any such gaol, bridewell, house of correction, penitentiary, prison, or other place of confinement as aforesaid, and to call for and inspect all books and papers relating thereto, and to inquire into all matters touching and concerning such gaol, bridewell, house of correction, penitentiary, pri son, or other place of confinement; and every such person so appointed shall, on or before the first day of February in every year, make a sepa 389 5 & 6 Will. 4, c. 38. house of correction, penitentiary, prison, or other place of confinement rate and distinct report in writing of the state of every gaol, bridewell, 12. Chaplains. visited by him, and shall transmit the same to one of his Majesty's laid before both houses of Parliament within fourteen days after such principal secretaries of state; and a copy of every such report shall be ment shall not be then assembled, within fourteen days after the meetfirst day of February, if they shall be then assembled; or, if Parliaing thereof after such first day of February." Sect. 8. "If any person shall knowingly and wilfully obstruct any Penalty on obperson so appointed in the execution of any of the powers intrusted to structing inspec him by this act, such person shall, on conviction before a justice of the calendar month." tors. on complaint being made. Sect. 9. "It shall be lawful for a justice of the peace, on any com- A justice may plaint made to him against any person for any such offence, to issue his summon offenders summons for the appearance of such person.” secretaries of state to visit and inspect, or to authorize in writing any may visit or auperson or persons to visit and inspect, any prison or prisons, or any to visit prisons. of his Majesty's principal penitentiary or other place of confinement for prisoners in Great Britain, upon any occasion which such secretary of state may think ex pedient." nate the same XII. Chaplains. thorize any person chaplain to each By stat. 4 Geo. IV. c. 64, s. 28, "The justices assembled in general or Quarter sessions to nominate for each prison within their jurisdiction, to which this act prison. quarter sessions shall, and they are hereby required, from time to time may appoint a shall extend, a clergyman of the Church of England to be chaplain thereof; and the said justices may, if it seem to them expedient, nomiBons situate within a convenient distance from each other; and the said clergyman to be and officiate as chaplain to any two prijustices are hereby authorized to appoint a salary to be paid to the clergyman so nominated chaplain as aforesaid, out of the county rate, or rate lawfully applicable to the maintenance of such prisons; and the the chaplain shall be appointed to one prison only, and the number of the unt of salary shall be regulated in the following manner: viz. where His salary. prisoners, including debtors, which the said prison is calculated to rebe more than 1507.: where the chaplain shall be appointed to one priceive, does not exceed fifty, then the salary to be paid to him shall not son only, and the number of prisoners, including debtors, which the said prison is calculated to receive, does not exceed one hundred, then the salary shall not be more than 2001.: where the chaplain shall be appointed to one dred prisoners, including debtors, the salary shall not be more than 2501.: and where the chaplain shall be appointed to one prison only, calculated to contain more than two hundred, or where the chaplain shall be appointed to two prisons, whatever the number of prisoners such two prisons may be calculated to contain, it shall be lawful for the justices to appoint the salary at their discretion, with reference to the duties to be performed: Provided also, that when any two or more prisons shall be under the custody of one and the same keeper, they shall be considered prison, with reference to the duties and salary of the chaplain: prison only, calculated to contain more than one hun as one Provided also, that, in case of sickness or necessary engagement, the chaplain shall appoint a clergyman to be his substitute for the occasion; 12. Chaplains. such substitute being approved of by the visiting justices; and the name and residence of such substitute shall be specified in the chaplain's journal." 2 & 3 Vict. c. 56. Chaplains of borough gaols to be appointed. Chaplains of certain gaols to hold no other benefice. Assistant chaplains may be appointed. Clergymen not to officiate till licensed by the bishop. Duties of chaplain. By 2 & 3 Vict. c. 56, s. 15, "That in every borough gaol and house of correction a clergyman of the Church of England shall be appointed to be chaplain thereof, by the same authority by which the keeper is appointed, but no such chaplain shall officiate in any prison until he shall have obtained a license from the bishop of the diocese, or for any longer time than while such license shall continue in force; and notice of every such appointment shall, within one month after it shall take place, be transmitted to the bishop, by the town clerk." Sect. 16. "No person who shall be appointed after the commencement of this act to the office of chaplain of any prison in which the average number of prisoners confined at one time during the three years next before his appointment shall not have been less than one hundred, shall hold any benefice with cure of souls, or any curacy, whilst holding the office of chaplain of such prison; and that in every prison in which the average number of prisoners confined at one time during the three years next before his appointment shall not have been less than two hundred and fifty, it shall be lawful for the justices or other persons having the appointment of the chaplain, to appoint, if they shall see fit, an assistant chaplain or assistant chaplains, and for the persons having the control of the funds applicable to the expenses of such prison to fix the salary to be paid to such assistant chaplain or assistant chaplains, and to make orders for the payment thereof out of the fund applicable to those expenses: Provided always, that every such chaplain and assistant chap lain shall reside within a distance not exceeding one mile from the pri son in which they hold their chaplaincies: Provided also, that nothing herein contained shall be construed to affect the appointment or the salary of the chaplain of the royal hospital of Bridewell." By 4 Geo. IV. c. 64, s. 29, No clergyman so nominated shall offciate in any prison until he shall have obtained a license for that purpose from the bishop of the diocese wherein the prison is situate, nor for any longer time than while such license shall continue in force; and notice of every such nomination shall, within one month after i: shall take place, be transmitted to the bishop by the clerk of the peace or town-clerk." Sect. 30. "Every such chaplain shall, on every Sunday, and on Christmas-day and Good Friday, perform the appointed morning and evening services of the Church of England, and preach at such time of times between the hours of nine and five of the day, as shall be required by the rules and regulations to be made as directed by this act; and shall catechize or instruct such prisoners as may be willing to receive instruction; and shall likewise visit the prison on such other days, and perform such other duties as shall be required by the rules and regula tions to be made as directed by this act; and shall administer the holy sacrament of the Lord's Supper to such prisoners as shall be desirous, and as such chaplain may deem to be in a proper frame of mind to receive the same; and such chaplain shall also frequently visit every room and cell in the prison occupied by prisoners, and shall direct such books to be distributed and read, and such lessons to be taught in such prison, as he may deem proper for the religious and moral instruction of the prisoners therein; and he shall visit those who are in solitary confinement; and it shall be his particular duty to afford his spiritual assistance to all persons under warrant or order for execution; and he shall have free access to all persons convicted of murder, any law, statute, or usage to the contrary notwithstanding; except to such persons as shall be of a religious persuasion different from that of the established church, who shall have made a request that a minister of such persua sion shall be allowed to visit them; and every such chaplain shafi com |