15. Fees to gaolers, &c. 55 Geo. 3, c. 30. County treasurers to pay allowances for places not usually assessed to county at large. Indemnification for fees to clerks of peace. Clerks of assize to Officers exacting fees. Misdemeanor. Liberates to debtors granted free of expense: compensation made to sheriffs for same. How allowances raised for places which do not contribute to county rates. after the passing of this act, no clerk of assize, clerk of the peace, clerk of the court, or their deputies, shall ask, demand, take, or receive any sum or sums of money, from any of the said prisoners as fees, for or in respect of his, her, or their discharge." Sect. 6. "In lieu and satisfaction of such lawful fees so abolished as aforesaid, the treasurers, or other proper officers, of the several counties in England, or of such districts, hundreds, ridings, or divisions of a county as are not usually assessed to the county at large, and of sh cities, towns corporate, cinque ports, liberties, franchises, and places, as do not pay to the rates of the several counties in which they are respec tively situated, shall, on receiving a certificate signed by one or more judge or justice of the peace, before whom such prisoner shall have been discharged as aforesaid (which certificate the judge or justice is hereby required to give), pay out of the rates of such county, or of such district, hundred, riding, or division, or out of the public stock of such city, town corporate, cinque port, liberty, franchise, or place, such lawful sum as has been usually paid upon that occasion, for every prisoner discharged as aforesaid, to such clerk of assize, clerk of the peace, of clerk of the court, or their respective deputies; which several sums s) paid in pursuance of this act shall be respectively allowed to the sail treasurer and officers by the justices before whom their accounts shal be passed." Sect. 7. "Each and every clerk of the peace, or his or their deputy or deputies, and all and every officer who shall claim any fees or indemni fication for the same, by virtue of any of the provisions herein before contained, for and in respect of any such prisoners, shall deliver at each and every session of the peace, or at some adjournment thereof, an count of all fees so due to him, or for which he shall claim any indem nification; which account shall be verified upon oath in court, before the chairman of such sessions." Sect. 8. "The clerks of assize shall, at each and every assize to be holden, deliver in to the judge of the assize who shall sit for the trial of such prisoners, an account of such fees as shall be due to him for and in respect of such prisoners; which account shall be verified upon oath before such judge to whom such account shall be delivered.” Sect. 9. From and after the passing of this act, any clerk of assize, clerk of the peace, clerk of the court, or their deputies, or other officers, exacting such fees, shall be rendered incapable of holding his or their offices, and be guilty of a misdemeanor." Sect. 10, "And whereas it hath been customary in some places for the sheriff or under-sheriff to demand for the liberate granted to any debtor on his discharge, a fee or gratuity," enacts, "That such liberate shal be granted to such debtor free of all expenses; and that it shall be in the power of the justices of the peace for each county, city, or town, assembled in quarter session, subject however to the approbation of the judges of assize, to make such compensation to the sheriff or undersheriff, out of the county, city, or town rate, as shall to them seem fit (a)." Sect. 11, "And whereas there are several cities, towns corporate, and places within this kingdom, which do not contribute to the payment of any county rate, and have no town rate, or public stock; and doubts may arise whether such cities, towns corporate, and places, can be legally rated and assessed towards the payment of the salaries, allowances, and compensations in lieu of such fees and gratuities;" enacts, “That in all such cases the salaries, allowances, and compensations, in lieu of fees (a) It was held in R. v. Justices of Middlesex (3 B. & Adol. 100), that the justices of Middlesex have jurisdiction under this section to award compensation to the sheriff of Middlesex; the judges of the Courts of King's Beach and Common Pleas being judges of assize for that county; and a mandamus was directed to them to award such compensation. and gratuities hereinbefore directed to be made, shall be raised, levied, collected, and paid, within such cities, towns corporate, and places, by a separate rate and assessment to be made by the churchwardens and overseers of the poor of the several parishes and precincts within such cities, towns corporate, and places, and by such and the like ways, methods, and means, as the rates for the relief of the poor are, can, or may be raised, levied, and collected, in such cities, towns corporate, and places." 15. Fees to gaolers, &c. 55 Geo. 3, c. 50. Allowances in certain places paid rates. out of poor's Sect. 12, "And whereas it may happen that the sums of money to be poor rate." prisoners. Sect. 13. "Any gaoler, who shall, from and after the first day of Oc- Gaolers exacting tober next, exact from any prisoner any fee or gratuity for or on account any fee, &c. from of the entrance, commitment, or discharge of such prisoner, or who shall detain any prisoner in custody for non-payment of any fee or gratuity, shall be rendered incapable of holding his office, be guilty of a misde- Misdemeanor. meanor, and be punished by fine and imprisonment." (See further, Extortion," Vol. II.) Sect. 14. "Nothing in this act contained shall be construed to extend Not to extend to to the King's Bench prison, his Majesty's prison of the Fleet, the Mar- King's Bench, &c. shalsea, and Palace Courts." 56 Geo. 3, c. 116, reciting 55 Geo. 3, c. 50. By stat. 56 Geo. III. c. 116, after reciting stat. 55 Geo. III. c. 50, "And whereas doubts have arisen whether the judges of assize have power, under and by virtue of the said act, to grant to certain officers, who, before the passing of the same, were entitled to certain fees abolished by the said act, a certificate for the purpose of enabling the said officers to receive compensation for such fees so abolished as aforesaid; and whereas it is expedient that such doubts should be removed," it is enacted, "That from and after the passing of this act, it shall and may Judges of assize be lawful for the judges of assize, who have gone the several circuits may grant certifi since the passing of the said act, as well as future judges of assize, re- officers to receive spectively, to grant such certificate as is required by the said act; and compensation for the said judges of assize are hereby authorized and required to receive abolished fees; from every such officer as, previous to the passing of the said act, was lawfully entitled to any fees abolished by the said act, an account in cate to certain 16. Reports as to the state of the gaol, &c. 56 Geo. 3, c. 116. to be paid in same manner as is provided by recited act. Recited act to writing of what they severally claim to be due to them for such abolished fees; which account shall be verified upon the oath of the party claiming the same, in like manner as is provided by the said act in respect to the clerks of assize and clerks of the peace.' Sect. 2. "The amount of every such account, after being verified & aforesaid, shall be paid in the same manner as is provided in and by the said act, in respect to the clerks of assize and clerks of the peace." Sect. 3, "And whereas doubts have arisen, whether the said actertends to prisoners confined in gaols and prisons under civil process fir debt only, and whether prisoners confined in the gaols and prisons of liberties and franchises under civil process for debt, and the gaolers and keepers of such gaols and prisons, are within the meaning and purview of the said recited act; and whereas it is expedient that such doubte should be removed;" enacts, "That the said recited act, and the pr extend to prison- visions therein contained, shall be deemed and construed to exten and shall extend to all prisoners, as well civil as criminal, whether confined for debt or crime in any of the prisons in England, except as tɔ the said prisons in the said act excepted; and that the gaolers and keepers of all such gaols and prisons, except as aforesaid, and their servants, as well within liberties as without, shall have compensation for their fees or gratuities abolished by the said recited act or this act, as in the said recited act is mentioned." ers for debt. Allowances to gaoler of Dovor Castle prison, &c. how to be paid. Sect. 4. "The allowances made to the bodar or keeper of the prison of Dovor Castle, in lieu of fees and gratuities paid or payable by any prisoner on his or her entrance, commitment, or discharge to or from such prison, and also the compensation to the registrar of the cinque perts and clerk of Dovor Castle, for the liberati granted to any debtor, or s or her discharge, shall be paid out of the funds raised by virtue of an act 54 Geo. 3, c. xcvii. of Parliament, passed in the fifty-fourth year of the reign of his present Sic. Right of clerk of sessions to fees at Newgate. Gaolers to attend report on actual state of prisons, &c. Majesty, intituled An Act for the relief of poor debtors and others co fined within the gaol of Dovor Castle:' Provided always, that such allow ance and compensation shall be verified, allowed, and paid in the same manner as the relief to such poor debtors, and payment for the same is directed to be allowed, verified, and paid by the said recited act." The clerk of sessions of gaol delivery of Newgate is not entitled to any fee in respect of convicts sentenced to imprisonment with hard labour. (Rex v. Baker, 2 Nev. & Per. 375; 7 A. & Ell. 502; S. C.) He is entitled to the fee usually paid at the time of passing the 5 Geo. IV. c. 84, in respect of convicts sentenced to transportation. (Id. 375). The clerk of sessions of Newgate, who continued in office up to 1780, received the sum of 6s. 2d. for every felon ordered to be transported; his successor in office received the same fee till the year 1805. From that year till the year 1829, when his successor was appointed, he received no such fee. Held, that the non-payment of the fees during this period, unexplained in any manner, did not preclude the clerk of the sessions from making a claim for the fee usually paid under the 5 Geo. IV. c. 84, s. 4, and the court granted a mandamus in order to ascertain whether any fee was usually payable at the time of the passing of that act. XVI. Reports as to the State of the Gaol, &c. Stat. 4 Geo. IV. c. 64, s. 14, enacts,, "That the gaoler and keeper of every quarter sessions to gaol and house of correction, maintained at the expense of any county or of any such riding or division of a county as aforesaid, in England and Wales, or maintained by any district, city, town, or place specified in the schedule to this act annexed, marked (A), [see now the 2 & 3 Vict. c. 56, s. 1, ante, 338, extending this to all gaols,] shall make a report, in writing, of the actual state and condition of every such gaol and house of correction, and of the number and description of prisoners confined 16. Reports as to the state of the gaol, &c. 4 Geo. 4, c. 64. herein, to the justices, at the several general or quarter sessions to be olden next after the commencement of this act, and at every ensuing eneral or quarter sessions in every such county, riding, division, disrict, city, town, or place; and shall at every such general or quarter essions attend and give answer upon oath to all such inquiries as shall e made by the justices at such sessions, with respect to the state and ondition of every such gaol and house of correction, and of the prioners confined therein, and with respect to any other matters and things elating to the said gaol and house of correction, respecting which such Justices shall deem it necessary to make any inquiry for the purpose of proceeding and continuing to carry this act into execution, and of ascertaining how far every such gaol and house of correction is capable of ffording the means of the classification required by this act." Sect. 19. "The keeper of every gaol and house of correction, to which his act shall extend, shall, previously to the first day of every assizes, great sessions, or sessions of gaol delivery, make out a true and just return in writing of all persons in his custody who have been sentenced o hard labour by the court at any previous assizes, great sessions, or sessions of gaol delivery, specifying in such return the manner in which Such sentences have been carried into execution, the particular species of labour in which such prisoners have been employed, and the average number of hours in a day for which such persons so sentenced have been kept to work; which return shall be signed by such keeper, and also by one at least of the visiting justices, who shall add thereto such observations as the case and circumstances may appear to him to require; and Filed as of record. such return shall be delivered to the justice of assize and gaol delivery, and of great sessions, and shall be kept and filed by the proper officer amongst the records of the court." Sect. 20. "The keeper of every prison within England and Wales, having the custody of prisoners charged with felony, shall, on the second day next after the termination of every session of the peace, session of oyer and terminer, or session of gaol delivery, great session, or other session held for the trial of prisoners being in such prison, whether such session shall be held under any commission, or by virtue of any charter or prescription, transmit by the post of that day to one of his Majesty's principal secretaries of state, a calendar containing the names, the crimes, and the sentences of every prisoner tried at such session, and distinguishing, with respect to all prisoners capitally convicted, such of them as may have been reprieved by the court, and stating the day on which execution is to be done upon those who have not been reprieved; and that whenever the court shall adjourn for any longer time than one week, the day upon which the adjournment shall be made shall be deemed the termination of the session within the meaning of this act; and every keeper of any such prison, who shall neglect or refuse to transmit such calendar, or shall wilfully transmit a calendar containing any false or imperfect statement, shall for every such offence, forfeit the sutn of 201." Sect. 21, "And for the better ensuring the strict observance of the rules and regulations to be made for the government of the prisons to which this act shall extend," enacts, "That at each quarter sessions of the peace, the keeper of every prison within the jurisdiction of the court holding such session shall and is hereby required to deliver, or cause to be delivered, to such court, a certificate, signed by himself; which certificate shall contain a declaration how far the rules laid down for the government of his prison have been complied with, and shall point out any and every deviation therefrom, which may have taken place; and if any keeper of a prison shall neglect to deliver, or cause to be delivered, such certificate as aforesaid, he shall forfeit for every such offence the sum of 107." Returns to be keepers of prisons of the persons made at assizes by sentenced to hard labour. List of prisoners tried for felony to secretary of state by the keeper of be transmitted to every prison. Keeper to deliver to quarter sessions far rules have been observed. a certificate how Sect. 22. "One week before the Michaelmas session in every year, the Keeper to make keeper of every prison to which this act shall extend shall make up a return to clerk of return of the state of his prison for the year then ending, in the form contained in the schedule annexed to this act, marked (B) [see now the 2 & 3 Vict. c. 56, s. 10, infra], and shall deliver the same, or cause the same to be delivered, to the clerk of the peace or his deputy, for the use of the justices assembled at such quarter session." Sect. 23. "At every general or quarter sessions, the visiting just shall make a report in writing of the state and condition of each p within their jurisdiction, of what repairs, additions, or alterations stad have been made or may be required, and of any abuse or abuses with they may have observed, or of which they may have received information in the management of the prison, as well as of the general state of prisoners, as to morals, discipline, employment, and hard labour, and servance of rules; and the justices assembled at such sessions shall pro ceed to consider every such report, and to act forthwith as they may occasion." Sect. 24. "That a general report, founded on the report of the visit ing justices, on the report of the chaplain or chaplains, and on the ce tificates of the keepers of the several prisons, shall be prepared by the clerk of the peace, and submitted to the justices assembled at every Michaelmas quarter sessions; and when approved by the justices at such sessions, such report shall be signed by the chairman of such sessions, and shall be by him transmitted, (together with a copy of the sche dule (B) [see now the 2 & 3 Vict. c. 58, s. 10, infra,], delivered by the gaoler), to one of his Majesty's principal secretaries of state; a copy of which report, with the said schedule attached to it, shall be la before both houses of Parliament, within one month next ensuing, if Parliament shall be sitting, or within one month after the time t Parliament shall next sit." Stat. 5 Geo. IV. c. 85, s. 8, enacts, "That the chairman of the Michae mas quarter sessions of the peace which shall be held next after th commencement of this act, for every county, riding, division, district, city, town, or place to which the said recited act shall extend, shall transmit, within fourteen days after the commencement of such sessions, to one of his Majesty's secretaries of state, a true and correct statemens of the establishment of officers and servants employed in every prise within the jurisdiction of the justices assembled at such sessions, specfying the number and description of such officers and servants, the salaries and emoluments of each, by whom such officers and servants ar respectively appointed; and the said statements shall be carefully preserved in the office of such secretary of state; and the chairman of every such succeeding Michaelmas quarter sessions shall transmit, within fourteen days after the termination of such Michaelmas quarter sessions. a true and correct statement of any increase or diminution in every such establishment of officers and servants, or in their respective salaries or emoluments, as have been made since the preceding Michaelmas quarter sessions." Stat. 2 & 3 Vict. c. 56, s. 9, "That the return required by the 5 Ge IV. c. 85, to be made in the form of the schedule to that act annexed, marked (A), and the returns of the general Penitentiary at Milbank, now required to be made to the court of Queen's Bench, need not be made after the commencement of this act." Sect. 10. "That the return required by the 4 Geo. IV. c. 64, to be made in the form in that act annexed marked (B), shall, after the commencement of this act, be made in the amended form of the schedule to this act annexed, or in such other form as from time to time shall be directed by one of her Majesty's principal secretaries of state." |