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Penalty on term not exceeding one month; and if any person ordered to hard perfons escap- labour shall at any time, during the term for which he or she shall ing from con- be so ordered, break prison, or shall escape from the place of his finement, or affifting them or her confinement, or in the conveyance to the same, or from to escape, &c. the person or persons having the lawful custody of such offender,

Provision of

or if any person shall rescue any offender who shall be ordered to hard labour, either during his or her conveyance to the place of his or her confinement, or whilst such offender shall be in the custody of the person or persons under whose care and charge he or she shall be confined, or if any person shall be aiding or assisting in any such rescue, or if any person having fuch custody as an affistant shall voluntarily or negligently permit such offender to escape, or if any person shall, by supplying arms, tools, instruments, or means of disguise, or otherwise in any manner aid or afsist any such offender in any escape, or in any attempt to make any escape, though no escape be actually made, every fuch offence as aforesaid shall be punished in the fame manner as the like offence would be punishable under the before-mentioned act of the nineteenth year of his present Majesty, directing two national penitentiary houses to be built, if such had been committed by or in respect to any person ordered to hard labour in either of the said two penitentiary houses therein mentioned.

IV. And be it further enacted, That the provifion made in and 19Geo.3 c.74. by the said act of the nineteenth year of his present Majesty, for for profecutions for efcarrying on prosecutions for escapes, attempts to escape, breaches capes, &c. to of prifon, and rescues, in the case of persons adjudged to either of extend to this the said penitentiary houses thereby directed to be built, shall extend and be applied to any profecution for any escape, attempt to escape, breach of prifon, or rescue, in the case of any person who under this act shall be adjudged to any of the said penitentiary

act.

houses.

V. And, for better preventing all abuses, as well in the common gaols as in the faid houses of correction, or other places of confinement to be used as penitentiary houses, be it further enacted, That the juftices of the peace shall, at every general or quarter sessions after appointed,&c. the paffing of this act, appoint two or more justices visitors of

Visiting juftices to be

each of the faid gaols and other places of confinement; and fuch 'visiting justices so respectively appointed shall, either together or fingly, perfonally visit and inspect such 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, the behaviour and conduct of the respective officers, and the treatment and condition of the prisoners, the amount of their earnings, and the expences attending such prison, and in matters of preffing neceffity, and within the powers of their commission as justices, shall take cognizance thereon, and proceed to regulate and redress the fame; and at every general or quarter seffions of the peace, the faid vifiting justices respectively shall make a report in writing, of the state and condition of the same, and of all abuses which may occur to their observation therein; and the chairman of the faid feffions is hereby required to call upon the faid visitors for such re

port: after July 1,

houses of

port: and it shall be lawful for every justice of the peace for such Any justice county, riding, or division, of his own accord, and without being may examine appointed a visitor, to enter into and to examine the fame at fuch confinement, time or times, and as often as he shall think fit, and if he shall &c. discover any abuses therein, he is hereby required to report them in writing at the next general or quarter feffions of the peace, or adjourned sessions, which shall be holden for fuch county, riding,

feffion.

or divifion; and when and as often as report of any abuses in the Abuses to be said place of confinement shall be made by the said visiting juf- rectified by tices, or either of them, or by any other justice of the peace for the juftices in such county, riding, or division, the abuses so reported shall be taken into immediate confideration by the justices of the peace for such county, riding, or division, at the general or quarter sefsions, or adjourned sessions, at which such report shall be made, and they are hereby required to adopt the most effectual measures for enquiring into and rectifying such abuses, as soon as the nature of the case will allow.

VI. And, for establishing and enforcing a proper police within the faid gaols, in and for the feveral counties, ridings, and divisions, in England and Wales, be it further enacted, That a body of rules, Bye laws to orders, and regulations, as bye laws for the government of the said be made gaols, and of the prisoners to be therein confined, shall be framed, agreeable to made, and confirmed, by such persons and in such manner as is appointed for county gaols in general, by a statute of the thirtysecond year of his late majesty King George the Second, intituled, An act for relief of debtors with respect to the imprisonment of their 32Geo.2.0.28. perfons; and to oblige debtors, who shall continue in execution in prison beyond a certain time, and for fums not exceeding what are mentioned in the alt, to make discovery of, and deliver upon oath, their eftates for their creditors benefit; and in the same rules, orders, and regula- Rules for tions, proper and particular directions shall be given for effectuat- claffing of priing such separation and classing of prisoners, as is directed by the foners, &c. as directed by aforesaid act of the twenty-fourth year of his present Majesty, with 24Ge0.3.€ 54. such further separation and classing as shall be thought requifite, to be conand also as well for enforcing, amongst the prifoners of all de- formed to. scriptions, cleanliness, temperance, and a decent and orderly behaviour, as for securing a just and humane treatment of them by the gaoler and his servants, and all directions contained in the said act, respecting such rules and orders, shall be exactly conformed to.

VII. And be it further enacted, That it may be lawful for the Offenders sencourt by whom any offender shall be sentenced to transportation tenced to for crimes committed after the first day of July one thousand seven transportation hundred and ninety-one, or, in the case of any offender to whom 1791, may be his Majesty's royal mercy shall be extended on condition of trans- imprisoned portation, or for any judge or justice of the court by or before and kept to whom such offender shall have been convicted, or any justice of hard labour till transportthe King's bench, common pleas, or baron of the exchequer, ed, &c. being of the coif, or justice of oyer and terminer, or general gaol delivery, or justices of peace at their quarter session, to order and adjudge that such person shall be imprisoned and kept to hard labour in the common gaol in and for the county where such of

fender

fender shall have been convicted, until he or she be tranfported or otherwise removed according to law, or until he or she, by the expiration of the term of fuch sentence of transportation, or otherwise, shall be entitled to his or her liberty: provided always, and it is hereby expressly declared, That the time during which such offender shall so continue confined, shall be reckoned in discharge or part of discharge or fatisfaction of the term of his or her tranfportation.

Keepers of gaols, &c. to make returns

as herein directed.

Visiting juftices to exa

VIII. And be it further enacted, That the keeper of the common gaol, and also the governors or keepers of the several places of confinement to be used as penitentiary houses in and for each county, riding, or divifion, on the first day of every affizes, great feffions, or general gaol delivery, shall make a just and true return in writing to the clerk of afsizes, or other clerk or proper officer of such count, specifying the number and fize of the cells completed for the reception of prisoners ordered to imprisonment and hard labour, the names of all and every the perfon or persons in his custody, the offences of which they have been guilty, the court before which each perfon was convicted, the fentence of the court, if tried and convicted before any court of record, or, if committed by one or more of his Majesty's justices of the peace, then the name of the justice or justices before whom such perfon or perfons was or were convicted, and the offence of which fuch person or persons was or were convicted, the age, bodily eftate, and behaviour, of every fuch convict.

IX. And be it further enacted, That every such return, before it is delivered into court, shall be examined by one or more of mine returns, the visiting justices to be appointed as herein-before directed, who

&c.

Perfons under

to be kept fe

is hereby required to fign such return, and to annex thereto such observations as he shall think fit on every particular therein contained.

X. And be it further enacted, That as long as any person unfentence of der sentence of transportation shall continue in the common gaol, transportation the gaoler having custody of such offender shall, and he is hereby parate from required to separate such convict, as far as conveniently may be, otherprisoners from every perfon in his custody except prifoners convicted of except felons. felony.

Gaolers to re- XI. And be it further enacted, That in case the common gaol port to the shall not be in a state to afford the means of separation according grand jury the infuffici- to the directions of the faid act of the twenty-fourth year of the ency of gaols, reign of his present Majesty, intituled, An act to explain and amend not affording an act made in the ninth, eleventh, and twelfth years of the reign of the means of William the Third, the said gaoler shall, and he is hereby required feparation according to to report the insufficiency of such county gaol to the grand jury 24Geo.3 c.54. at the affizes, great fessions, or general gaol delivery next to be

Provifions of

holden after the passing of this act, and at every subsequent afsize, great feffion, or general gaol delivery, till such means of feparation shall be effected.

reign

XII. And whereas, by an act of the nineteenth year of the 19 Car. 2. c. 4. of King Charles the Second, intituled, An act for relief of poor forsetting per prifoners, and setting them on work, after reciting, that there was

not

not any fufficient provision made for the relief and setting on work of fons in gaol to poor and needy persons committed to the common gaol for felony and work, recited other misdemeanors, who many times perish before their trial, and the poor there living idly and unemployed become debauched, and come forth inftructed in the practice of thievery and lewdness, it is enacted, That the justices of the peace in their respective counties, at any of their general feffions, if they shall find it needful so to do, may provide a stock of fuch materials as they find convenient for the fetting poor prisoners on work, in fuch manner and by fuch ways as other county charges may be levied and raised, and to pay and provide fit persons to oversee and fet fuch persons on work, and make fuch orders for accounts of and concerning the premises as shall by them be thought needful, and for punishment of neglects and other abuses, and for bestowing the profits arifing by the labour of the prisoners set on work for their relief, which shall be duly obferved, and may alter, revoke, or amend fuch their orders from time to time, provided that no parish be rated above fixpence by the week towards the premises, having respect to the respective values of the feveral parishes: and whereas the provision of the faid recited statute is very fit to be executed with respect to fuch prisoners therein described as shall be confined in the gaols, with an extenfion thereof to all other prisoners inclined to take the benefit thereof, and also an increase of the fum limited by the said act for defraying the expence of executing the fame: be it therefore enacted, That the justices of the peace shall Juftices may have authority to execute the said recited provision in the faid execute the last-mentioned act, for setting poor persons on work, as well in recited proregard to such persons as are therein described, as in favour of all vour of all other prifoners within the faid gaols, who may at any time be in- prifoners wilclined and willing to work; and for that purpose are hereby au- ling to work. thorised, at a general or quarter session of the peace for the faid county, or at any adjournment thereof, to direct the payment of such sums of money out of the county rate for the faid county as they shall from time to time think fit to be expended in executing the provision of the faid last-mentioned act, according to the extenfion thereof hereby made.

vision in fa

XIII. And whereas, by an act of the fourteenth year of the reign of Queen Elizabeth, intituled, An act how vagabonds shall be pu- 14 Eliz. c. 5. nished, and the poor relieved, as also by the above-mentioned act of the thirty-second year of the reign of King George the Second, fome provifion is made for the relief of prisoners; but, notwithstanding the bumane purposes thereby intended, the health of prisoners is frequently so affected, by want of necessary food, as to render them incapable of labour when released, and therefore it may be expedient to have a more extenfive provision in favour of fuch poor prisoners as shall be confined in the faid gaols and other places of confinement, and have not any means of acquiring necessary sustenance; be it therefore enacted, That, from and after the paffing of this act, it shall be lawful for Justices in sefthe justices of the peace, at their general or quarter sessions, or fionmay order any adjournment thereof, from time to time to order such sum or of the county fums of money to be paid out of the county rate, towards affifting rates to prifuch prifoners, of every description, as, being confined within the foners who faid gaols or other places of confinement, are not able to work, cannot work VOL. XXXVII.

Aa

or

afliftance out

&c.

:

or being able, cannot procure employment sufficient to sustain
themselves by their industry, or who may not be otherwise pro-
vided for by virtue of any law or statute, or of any custom, or or-
der, such food and raiment as the said justices shall, from time to
time, think necessary for the support of health, and such money
shall accordingly be applied, in conformity to directions to be
given by the faid justices.

Visitors to re-
XIV. And be it further enacted, That if the faid visitors shall
port any ex-
traordinary
at any time observe, or be fatisfactorily informed of any extraor-
diligence or
dinary diligence or merit in any of the offenders under their in-
merit in of- spection, they shall report the fame to the justices of oyer and ter-
fenders to the miner and gaol delivery, or great feffions, at their next or any
juftices of oyer subsequent seffion, to be holden for the county in which such of-
and terminer, fender was convicted, in order that such justices may, if they shall

think proper, recommend 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 dura-
tion of such offender's confinement, such offender shall, together
with necessary cloathing, receive such sum of money for his or her
immediate subsistence, as the said visiting justices shall think pro-
per, so as such sum shall not exceed twenty shillings, nor be less
than five shillings, 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 fums of money, as also the ex-
pence of fuch cloathing, shall be paid out of the county rate.

XV. And whereas a confiderable part of the emolument of gaoler or keeper of the gaol has usually arifen from fees paid to him by debtors and other perfons confined therein, and from incidental charges made by bim on the county rate, on the dismission of prisoners, and on the removal of transports; and by reason of neglect in regulating the faid fees, as directed by the aforesaid act of the thirty-fecond year of King George the Second, they are become oppressive and burthensome to poor prisoners,

and fuch charges on the county rate are liable to frequent abuse; be it Justices in ses therefore enacted, That the justices of the peace afsembled at their fion to fettle a general or quarter feffions, or at some special adjournment thereof

table of fees
for gaolers,
&c.

as aforesaid, shall, and they are hereby required, within twelve months after the passing of this act, to regulate and settle a table of fees and rates to be taken by the gaoler or keeper of the gaols or other places of confinement as aforesaid; and the faid justices so assembled as aforesaid, are hereby authorised and impowered from time to time to alter, vary, or totally disallow of all or any such charges and fees, and to order a copy of the table of fees fo regulated to be hung up in the court of affize and quarter sessions for the county, riding, or division, and another copy thereof to be tranfmitted to the said gaoler or keeper, who shall cause the same to be hung up in some confpicuous place within the gaols or penitentiary houses; and all orders and directions contained in the faid laft-mentioned act, respecting the table of fees and rates to be taken by gaolers or keepers of prisons, shall be conformed to as if the same were herein particularly enacted and repeated; and by way of recompence for any diminution of emolument in

the

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