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municate from time to time, to the visiting justices, any abuse or im- 13. Surgeons. propriety which may have come to his knowledge, and he shall further

4 Geo. 4, c. 64. keep a journal, in which he shall enter the times of his attendance on

Journal to be kept the performance of his duty, with any observations which may occur by him. to him in the execution thereof; and such journal shall be kept in the prison, but shall regularly be laid before the justices for their inspection at every quarter sessions, and shall be signed by the chairman of the sessions, in proof of the same having been there produced : and if it Quarter sessions shall appear to the justices in general or quarter sessions assembled, may remove

that any chaplain is incompetent to the due performance of his duties,
or is unfit to be continued in his office, or shall have refused or wilfully
neglected to perform the duties required of him by the rules and regu-
lations to be made as directed by this act, they are hereby empowered
to remove him from such office."

And see further as to divine service, &c. ante, 368.
Sect. 31. “If any prisoner shall be of a religious persuasion differing Dissenting minis-

ters allowed to from that of the established church, a minister of such persuasion, at teir

visit prisoners. the special request of such prisoner, shall be allowed to visit him or her at proper and reasonable times, under such restrictions imposed by the visiting justices as shall guard against the introduction of improper persons, and as shall prevent improper communications.”

Sect. 32. "In case any chaplain shall, from confirmed sickness, age, Power to quarter or infirmity, become incapable of executing the office in person, the jus

sessions to grant

annuity to any tices of the peace, at any general or quarter sessions of the county, chaplain incapa

ble, from infirriding, division, district, city, town, or place, respectively, shall take

mity, of executing the circumstances of the case into their consideration; and, if such jus- his office. tices shall deem it expedient, they are hereby empowered to grant to such chaplain such annuity as they in their discretion shall think proportionate to the merits and time of his services, and may order the payment out of the rates lawfully applicable to the building and repairing such gaols and prisons: Provided always, that the amount so paid by way of superannuation or allowance to any retired chaplain of any one prison shall not exceed the amount of two-thirds of the salary fixed for the succeeding chaplain of such prison.”

Sect. 34. “From and after the commencement of this act, there shall Book to be kept, be kept in every prison to which this act shall extend, a book, in which chaplain. ce to the chaplain and every other officer of the said prisons not residing be entered. Within such prisons, but attending on, or required to attend on, such prison, shall regularly insert the date of every visit made by such chaplain or other such officer respectively; and every such entry shall be Signed with the name and in the proper handwriting of such chaplain of other officer respectively, and shall contain such remarks as may be Thought necessary on the occasion of any such visit; and every keeper of every such prison shall be responsible for the safe custody of such book, whole, unmutilated, and unaltered, and shall, at all times, when Tequired so to do, produce such book for inspection to the justices at every general or quarter sessions, and to the visiting justices, or to any Justice of the peace for the county, riding, division, district, city, town, or place wherein such prison shall be situate ; and the chaplain shall,

every Michaelmas quarter sessions, deliver to the justices a statement of the condition of the prisoners, and his observations thereupon.”

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14. Duties,

&c. of gaolers, &c.

4 Geo, 4, c. 64. Journal to be kept by him.

required to visit every prison to which he shall be so appointed, twice
at least in every week, and oftener if necessary, and to see every pri-
soner confined therein, whether criminal or debtor, and to report to
every general or quarter sessions the condition of the prison, and the
state of health of the prisoners under his care; and he shall further
keep a journal, in which he shall enter the date of every attendance a
the performance of his duty, with any observations which may occur ta
him in the execution thereof, and shall sign the same with his name;
and such journal shall be kept in the prison, but shall regularly be law
before the justices for their inspection at every quarter sessions, and
shall be signed by the chairman of the sessions, in proof of the same
having been there produced : and it shall and may be lawful for the
justices, at every general or quarter sessions after such appointment, to
direct a reasonable sum to be paid as salary to such surgeon, and also
such sums of money as shall be due for medicines and other articles for
the sick.” [See the 34th sect., ante, 391].

See also the rules, ante, 369.
As to his certificate for the use of spirits, &c., see ante, 369.

XIV. Gaolers, Matrons, and Inferior Officers, their

Duties, Liabilities, &c. Who to have the The gaol itself is the Queen's, ante, 337; but the keeping thereof is inkeeping of gaols. cidental to the office of the sheriff, and inseparable from it, except sich

gaols whereof any persons have the keeping by inheritance or succes sion; therefore the Queen's grant to private persons, to have the custody of prisoners committed by justices of the peace, is void. (Andr.34, 4 Co. 34 a, 9 Co. 119). This will be found from the 14 Edw. III. st. 1, c. 10, and 19 Hen. VII. c. 10, which enact, that every sheriff, within every county within this realm of England, have the custody, role keeping, and charge of every the King's common gaols, prisons, and prisoners in the same, in every of the said counties where he is sherit, during the time of his office, except all gaols whereof any person or persons, spiritual or temporal, or body corporate, have the keeping, of estate of inheritance or by succession. (And see 2 Inst. 589).

And, therefore, the sheriffs shall put in such keepers for whom they

will answer. 14 Edw. III. st. 1, c. 10. Buying office of But by stat. 3 Geo. I. c. 15, s. 10, none shall buy the office of gaoler, gaoler,

on pain of 5001.; half to the Queen, and half to him that shall sue. (See

Office," Vol. V.) Sheriff quitting When a sheriff quits his office, the custody of the county gaol can office.

only belong to his successor. (The case of the sheriff of Essex, 1 Ld. Roys.

136). Liability of keeper The gaoler of a prison who receives and detains one apprehended and for receiving a... charged in his custody, under a warrant, runs the risk of the wart person wrongfully

having been executed against the proper person; and though acting of fide and without the means of ascertaining the identity of the individual named in the warrant, he is liable to an action of trespass and false prisonment, if, by the mistake of the officer to whom it was directed, ; was executed against another. (Aaron v. Alexander, 3 Camp. 35; (*

see Taylor v. White, 4 Esp. 80). Entitled to protec. A gaoler receiving and detaining a person under a warrant of a mation of 24 Geo. 2, gistrate, is entitled to the protection of the 24 Geo. II. c. 44, and there c. 44.

fore, on producing and proving the warrant under which the detentio was made, it is immaterial whether or not the magistrate had jurisalo tion to grant it. (Butt v. Newman, Gow, Rep. 97; and see that act a

the decisions under title “ Constable,Vol. I.) Threatening or A gaoler is considered as an officer relating to the administratior assaulting, &c. gaolers.

justice, and is so far under the protection of the law, that if a perso.


eatens him for keeping a prisoner in safe custody, he may be in- 14. Duties, Eed, and fined, and imprisoned for it. (2 Roll. Ab. 76; Bac. Ab. &c. of I, (D)).

gaolers, &c. fa criminal, endeavouring to break the gaol, assault his gaoler, he y be lawfully killed in the affray. (Hawk. c. 28, s. 13; Bac. Ab. Escape.

!, (D)).
But if a prisoner gets out of gaol, and the gaoler, in pursuit of him,
Is him, he is guilty of an escape, though he never lost sight of him,

could not otherwise take him, not only because the King loses thé
nefit he might have had from the attainder of the prisoner by the for-
ture of his goods, &c., but also because the public justice is not so well
tisfied by killing him in such an extra-judicial manner. (Bac. Ab.
asl, (D). See further, “ Escape," Vol. II).
As to the gaoler being liable to action for false imprisonment for taking Taking prisoner
prisoner out of his jurisdiction without a habeas corpus or judge's order, out of county

without a habeas. e ante, 382, 383. Besides the duties enjoined gaolers by acts of Parliament, and the Misconduct of puses for which by statute they are punishable, the common law sub- gaolers punishable cts them to fine and imprisonment, as also to the forfeiture of their ffice for gross and palpable abuses in the execution of their offices; such $ suffering prisoners to escape, barbarously misusing them, extorting anreasonable fees from them, or detaining them in gaol after they have been legally discharged and paid their just fees; (9 Co. 50; Raym. 216; Co. Litt. 233); and see, as to when a gaoler would be guilty of murder in improperly treating a prisoner, post, Homicide ;" as to extortion, See “Extortion," Vol. II.

Also gaolers are punishable by attachment, as all other officers are by the courts to which they more immediately belong, for any gross misbehaviour in their offices or contempts of the rules of such courts; and punishable by any other courts for disobeying writs of habeas corpus awarded by such courts, and not bringing up the prisoner at the day prefixed by such writs. (2 Hawk. P. c. c. 22, s. 21; Bac. Ab. Gaols, (D)).

But a gaoler is not punishable by attachment for the bare escape of a prisoner in custody by civil process; but the party aggrieved ought to take his remedy by action. (Id.)

A gaoler, de facto, is as much punishable for a misdemeanor in his othice as if he were a rightful gaoler. (Hawk. c. 19, s. 23).

It was held in a recent case that the marshal of the Queen's Bench Prison is not liable for a tortious act committed by the deputy-marshal mill-treating a prisoner in the exercise of his office, unless the appointment of the deputy is proved, or the facts shew that the marshal was Bognizant of the act done. (Yorke v. Chapman, 3 Per.& D. 496; 10 A.

Various rules and regulations will be found among the preceding Duties pointed pages, ante, 366 to 386, relative to the appointment, office, rights, and out by duties of gaolers, keepers, and matrons, &c. of gaols. . By 4 Geo. IV. c. 64, s. 25, “ It shall and may be lawful for the jus- Quarter sessions ces assembled at the general or quarter sessions, and they are hereby may appoint

keepers, &c. ein powered and required, to nominate and appoint such keepers, matrons, iskmasters, schoolmasters, and other officers, as to them may seem ex

lent, for every prison within their jurisdiction to which this act shall

end, except the keeper of the common gaol; and to remove, as ocDu may require, all officers so by them nominated and appointed :

ed always, that no woman shall be keeper of any prison in which Women no male prisoners are confined.”

keepers of certain

gaols. Dett, 26. "It shall and may be lawful for the justices assembled at the Quarter sessions to of quarter sessions, and they are hereby empowered, to fix sala fix salaries of

keepers, &c. 1 allowances, to such amount, and subject to such conditions, as

shall seem meet, for the keeper of the common gaol, and for ry Keeper, matron, taskmaster, schoolmaster, and officer of each gaol

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