prison. Gaolers, &c., having the custody of to be placed there, to be delivered to the governor offenders ordered shall cause them Sect. 4. "That every offender who shall be so removed to Parkhurst 1 & 2 Vict. c. 82. rison shall continue there until he or she shall be transported accord- Term of imprisonng to law, or shall become entitled to his or her liberty, or until the ment in Parkurst ecretary of state shall direct the removal of such offender to the gaol, rison, or place from which he or she shall have been brought, or in hich he or she may be lawfully confined; and the sheriff, gaoler, or ther person having the custody of any offender whose removal to Parkrst prison shall be ordered in manner aforesaid, shall, with all conveent speed after the receipt of any such order, convey or cause to be conveyed every such offender to Parkhurst prison, and shall there deLiver him or her to the governor of the prison, with a true copy, attested by such sheriff or gaoler, of the caption and order of the court by which such offender was sentenced, containing the sentence of every such offender by virtue whereof he or she shall be in the custody of such sheriff or gaoler, and also a certificate specifying such particulars within the knowledge of the sheriff or gaoler concerning such offender, as may be from time to time directed by the secretary of state; and the governor shall give a receipt in writing to the sheriff or gaoler for his aischarge; and all reasonable expenses which the sheriff or gaoler shall cur in every such removal shall be paid by the county, riding, division, city, borough, liberty, or place for which the court in which the Offender was convicted shall have been holden." thereof, Parkhurst prison Sect. 5. "That it shall be lawful for the secretary of state at any As to offenders time to order any offender to be removed from Parkhurst prison as in- removed from Corrigible, and in every such case the offender so removed shall be liable as incorrigible. To be transported or confined, under his or her original sentence or senences of transportation or imprisonment, to the full extent of the term Or terms specified in such sentence or sentences, and shall be subject to all the consequences of such sentence or sentences, in the same manner as if no order for sending him or her to Parkhurst prison had been made." Sect. 6. "That after the delivery of any such offender as aforesaid Powers of the into fhe custody to which he or she shall be so ordered as aforesaid, such governor. governor or other person having the custody of offenders under his direction shall, during the term for which such offender shall remain in his custody, have the same powers over such offender as are incident to the office of a sheriff or gaoler, and in case of any abuse of such custody, or other misbehaviour or negligence in the discharge of his office, shall be liable to the same punishment as a gaoler is now liable to by law." Sect. 7. "That the secretary of state shall be empowered from time to time to make rules for the government and regulation of Parkhurst prison, and for the discipline of the offenders imprisoned therein, and to subscribe a certificate that they are fit to be enforced; and all such rules shall be laid before Parliament within six weeks after such rules shall be certified, or if Parliament be not then sitting, within six weeks after the next meeting of Parliament." governor Sect. 8. "That it shall be lawful for the secretary of state, from time to time, to specify, by such regulations as aforesaid, such offences which, if committed in Parkhurst prison by male convicts, shall appear to him deserving of corporal punishment; and if any male offender in Parkhurst prison shall commit any offence whereby he shall under any regulation then in force become liable to corporal punishment, the of the said prison shall have power to inflict such punishment.' Sect. 9. "That as soon as the said buildings shall be appointed to be used as a prison as aforesaid for the reception of offenders, it shall be lawful for her Majesty, with the advice of her privy council, to nominate and appoint three or more fit and discreet persons to be visitors of the said prison, and from time to time to remove all or any of such Visitors, and appoint others in their stead, or in the stead of such as shall die or resign, or be unable by sickness or otherwise to attend ; and one or more of such visitors shall personally visit such prison at least three Secretary of state tions for the government of the prison. to make regula Corporal punishflicted in Parkhurst prison. ment may be in Visitors to be appointed by the Queen in council, 1 & 2 Vict. c. 82. times in each quarter of a year, and oftener, if occasion shall require, and shall examine into the behaviour and conduct of the respective officers, and the treatment, behaviour, and condition of the prisoners, and of all abuses within the prison; and if he or they shall discover any abuse or abuses therein, he or they is or are hereby required to report the same in writing to one of her Majesty's principal secretaries of state." Sect. 10. "That the said visitors shall make a half-yearly report in prison to the secre- Writing to one of her Majesty's principal secretaries of state, concerning the state and condition of such prison, and of any abuse or abuses which they may have observed, or have reason to believe to exist in the sid prison, or in the management of the prison, as well as of the general state of the prisoners as to morals, discipline, and employment, and observance Visitors to report the state of the tary of state. Offenders pardoned conditionally may be committed to if they break the condition, or remitted to their former sentence. of rules." Sect. 11. "And whereas her Majesty has lately exercised her royal prerogative of mercy in granting pardons to young offenders who have been house of correction sentenced to transportation or imprisonment, upon the condition of plac ing himself or herself under the care of some charitable institution for the reception and reformation of young offenders named in such pardon, and conforming to and abiding by the orders and rules thereof: and whereas, the same has been found beneficial: and whereas it is expedient that some provision should be made for carrying the same more fully into effect; be it therefore further enacted, That from and after the passing of this act, in case any young offender who has been or shall be here after sentenced to transportation or imprisonment, has been or shall be pardoned by her Majesty for such offence upon such condition as aforesaid, and has or shall accept such conditional pardon, and shall afterwards abscond from such institution, or wilfully neglect or refuse to abide by and conform to the rules thereof, it shall and may be lawful to and for any justice of the peace acting in and for the county, city, riding, or division wherein the said offender shall actually be at the time he shad so abscond, or neglect or refuse as aforesaid, upon due proof thereof made before him upon the oath of one credible witness, by warrant under his hand and seal, to commit the party so offending for every such offence to any gaol or house of correction for the said county, city, riding, or division, with or without hard labour, for any period not exceeding three calendar months for the first offence, and not exceeding six calendar months for the second or any subsequent offence, in case the managers or directors of any such charitable institution shall be willing to receive any such young offender after his or her being convicted of absconding, neglecting, or refusing as aforesaid; and in every case such imprisonment shall be in addition to the original sentence of such young offender; and after the expiration of the time of such additional punishment, if the managers or directors of any such charitable institution shall refuse to receive such offender, or if her Majesty shall not be pleased to exercise her royal prerogative in pardoning the breach of the condition on which the former pardon was granted, the said party shall forfeit all benefit of the said pardon, and shall be remitted to the original sentence, and shall undergo the residue thereof, as if no such pardon had been granted." Offenders breaking prison, &c. Sect. 12. "That if any offender who shall be ordered to be confined in Parkhurst prison, shall at any time during the term of such confine ment break prison, or escape from the place of his or her confinement, or in his or her conveyance to such place of confinement, or from any lands belonging to the prison, or from the person or persons having the lawful custody of such offender, he or she so breaking prison or escaping shall be punished, if under sentence of imprisonment, by an addition not exceeding two years to the term for which he or she at the time of his or her breach of prison or escape was subject to be confined, and if under sentence of transportation, in such manner as persons under sentence of transportation escaping from or breaking out of any other prison or place of confinement are liable to be punished; and if an offender so punished by such addition to the term of confinement shall afterwards be convicted of a second escape or breach of prison, he or she shall be adjudged guilty of felony; and if any offender who shall be ordered to be confined in the said prison shall, at any time during the term of such confinement, attempt to break prison or escape from the place of his or her confinement, or shall forcibly break out of his or her cell, or shall make any breach therein with intent to escape, he or she so offending, being convicted thereof, shall be punished by imprisonment for a term not exceeding twelve calendar months, in addition to the punishment to which he or she at the time of committing any such offence was subject." Sect. 13. "That every person who shall rescue any offender who shall be ordered to be confined within Parkhurst prison, either during the time of his or her conveyance to the said prison, or whilst such offender shall be in the custody of the person or persons under whose care and charge he or she shall be so confined, and also every person who shall aid in any such rescue, shall be guilty of felony; and every person having the custody of any such offender, or employed by the person having such custody, as a keeper, under-keeper, turnkey, assistant, or guard, who shall knowingly allow such offender to escape, and also every person who shall, by supplying arms, tools, or instruments of disguise, or otherwise in any manner aid any such offender in any escape, or in any attempt to make an escape, though no escape be actually made, or who shall attempt to rescue any such offender, or aid in any such attempt, though no rescue be actually made, shall be guilty of felony; and every person having such custody, or being so employed by the person having such custody as aforesaid, who shall carelessly allow any such offender to shall be guilty of a misdemeanor, and being lawfully convicted of the same, shall be liable to fine or imprisonment, or to both, at the discretion of the court." escape, Sect. 14. "That any offender who shall escape, break prison, or be rescued in manner aforesaid, shall be tried before the justices of oyer and terminer or gaol delivery, either for the county where he or she shall be apprehended and re-taken, or for the county in which the said offence shall have been committed; and in case of any prosecution for any such escape, attempt to escape, breach of prison or rescue, either against the offender escaping or attempting to escape, or breaking prison, or being rescued, or against any other person or persons concerned therein, or aiding the same, a copy, properly attested, of the order of commitment to Parkhurst prison, shall, after proof made that the person then in question before the court is the same who was delivered with such order, be sufficient evidence to the court and jury that the person then in question was so ordered to such confinement; and the expenses of the said prosecution shall be paid by the county, riding, division, city, borough, liberty, or place for which the court in which the offender was convicted shall have been holden." Expenses of prosecution. Protection of the Sect. 15. "That the provisions of all acts of Parliament for rendering justices of the peace more safe in the execution of their office shall ex- governor. tend to the governor of Parkhurst prison acting in the execution of this act." Sect. 16. "That all actions, suits, and prosecutions to be commenced Limitation of against any person or persons for any thing done in pursuance of this actions. act, shall be laid and tried in the county or place where the fact was committed, and shall be commenced within six months after the fact committed, and not otherwise or afterwards." Sect. 17. "That a report upon the state of Parkhurst prison, and of the persons confined therein, and also an account of the expenses of carrying this act into execution, shall be annually laid before Parliament by the secretary of state." An annual report be laid before to Parliament. By 3 & 4 Vict. c. 90, intituled "An act for the care and education 3 & 4 Vict. c. 90. empowered to assign the care of any intant con victed of felony to than the testamen any person other tary or natural guardian. 3 & 4 Vict. c. 90. of infants who may be convicted of Felony," [10th August, 1840], reciting that "it is expedient that every facility should be offered for the improvement and better education of infants under the age of twenty-one, Court of Chancery who have been or may be convicted of felony;" it is enacted, "that in every case in which any person being under the age of twenty-one year shall hereafter be convicted of felony, it shall be lawful for her Majesty's High Court of Chancery, upon the application of any person or pers who may be willing to take charge of such infant, and to provide for his or her maintenance and education, if such court shall find that the same will be for the benefit of such infant, due regard being had to the age of the infant, and to the circumstances, habits, and character of the parents, testamentary or natural guardian, of such infant, to assign the care and custody of such infant, during his or her minority, or any part thereof, to such person or persons, upon such terms and conditions, an subject to such regulations respecting the maintenance, education, and care of such infant, as the said Court of Chancery shall think propert prescribe and direct; and upon any order for that purpose being made, and so long as the same shall remain in force, the same shall be binding and obligatory upon the father, and upon every testamentary or natură. guardian of such infant, and no person or persons shall be entitled to use or exercise any power or control over such infant, which may be inconCourt may rescind sistent with such order of the said Court of Chancery: Provided always, that the said court may at any time rescind such assignment, or from time to time rescind, alter, or vary any such terms or conditions, or such and award costs in regulations, as to the said court may seem fit; and provided alse, that the said High Court of Chancery shall and may award such costs as to it may seem fit, against any such person or persons who shall mase such application as aforesaid, if such application shall not appear to the said court well founded; and such costs shall be payable to any parent or other natural or testamentary guardian of any such child who shall oppose such application." or alter such assignment; certain cases. Infant not to be sent beyond the seas, &c. No fee to be taken Counsel may be assigned. Sect. 2. "That in every case it shall be a part of the terms and conditions upon which such care and custody shall be assigned, that the infant shall not, during the period of such care and custody, be sent beyond the seas, or out of the jurisdiction of the said Court of Chancery.' Sect. 3. "That no fee, reward, emolument, or gratuity whatsoever by officer of court. shall be demanded, taken, or received by any officer or minister of the said Court of Chancery, for any matter or thing done in the said court, in pursuance of this act; and that upon the making or opposing of any such application, it shall be lawful for any judge of the said court to a sign counsel learned in the law, and to appoint a clerk or practitioner of the said court to advise and carry on or to oppose such application, who are hereby required to do their duties therein without fee or reward.” Sect. 4. "Provided always, and be it further enacted, That nothing in this act contained shall affect, or in any manner interfere with, the execution of the sentence which may have been passed upon such infant upon his or her conviction." This act not to interfere with execution of the sentence. Gardens, Larceny from. See "Larceny," Vol. III.; Malicious Injuries to, see "Malicious Injuries to Property," Vol. V., p. 41. Gas. See "Watching and Lighting of Parishes," Vol. VI.; Gates. Stealing, &c. of. See "Larceny," Vol. III.; Injuries, &c. to, see "Malicious Injuries to Property," Vol. V. p. 43. Fauger. See "Excise," Vol. II. Gazette, Proof by. See "Evidence," Vol. II. p. 384. General Issue. See "Plea," Vol. V.; "Justices," Vol. III. ; "Constable," Vol. I. Sin. See "Excise," Vol. II.; "Alehouse," Vol. 1. Glass, Stealing of. See "Larceny," Vol. III.; Duties, &c. on, see Excise," Vol. II. Gleaning. IT is a vulgar error to suppose that there is in general a right of gleaning over another's lands. And trespass lies against any person who gleans without the owner's consent, and without any particular custom, since no such right exists at common law. (Steel v. Houghton, 1 H. Bla. 51; Worledge v. Manning, id. 53; Gould, J., diss.) Parishioners or other inhabitants of a particular parish or district may, indeed, in some places, have a right by custom to glean on lands within that parish or distnet at proper times, and under proper restrictions; but that custom, like all others against common law right, must be clear and undisputed. Such a custom could not perhaps extend to non-parishioners or inhabitants of another parish or district. In R. v. Price, (4 Burr. 1925), on a motion for an information against a justice of the peace for a misdemeanor in oppressively committing some poor inhabitants of the parish of C. for felony in gleaning in a field beonging to a farmer of that place, (which they insisted they had a right to do by law, and by the usage and custom of that parish), oath was Laade by the farmer before the justice, that these people had stolen his barley in the straw, and he now swore that he had forbidden them, and yet they took it by handfulls, and that he had suffered the loss of about twenty bushels of barley by their carrying it off two days together. Per Curiam-We are of opinion, that the justice, in this case, so far from acting with any design of oppression or malice, or any bad intention, has behaved with lenity, and it would be very wrong to punish a justice by the extraordinary method of an information, when he has acted fairly and impartially; therefore, we discharge the rule with costs, as stealing under the colour of leasing or gleaning is not to be justified-there was no contest between the farmer and the poor about leasing; his only objection and his forbidding is confined to the stealing of it. As to the right of gleaning, it will be time enough to determine that point when it comes directly in question; but here the farmer had not abandoned his corn, and he has sworn that they stole it." |