Officers of prison.

Appointment

of chaplain to

have a separate prison jurisdiction, notwithstanding a separate county rate is not levied in such county at large.

Appointment of Officers.

X.-There shall be appointed to every prison by the justices in sessions assembled,

A gaoler; a chaplain, being a clergyman of the Established Church; a surgeon, duly registered as such, under the Act of the session of the twenty-first and twenty-second years of the reign of Her present Majesty, chapter ninety; and such subordinate officers as may be necessary.

And to every prison in which females are confined,

A matron and such subordinate female officers as may be necessary.

Provided that in a prison where females only are imprisoned the matron shall be deemed to be the gaoler, and shall, so far as is practicable, perform all the duties and be subject to all the obligations of a gaoler in relation to such prison.

XI.-The same person may officiate as chaplain of any two prisons. two prisons situate within a convenient distance from each other, if such prisons together are calculated to receive not more than one hundred prisoners; but the chaplain of more than one prison, and the chaplain of any prison in which the average number of prisoners confined at any one time during the three years next before his appointment has not been less than one hundred, shall not, whilst holding his chaplaincy, hold any benefice with cure of souls or any curacy.

Assistant chaplains

and deputy gaoler.

XII. The justices in sessions assembled may appoint an assistant chaplain, being a clergyman of the Established Church, and a deputy gaoler, or either of such

officers, to any prison which they deem sufficiently large to require the appointment of such officers or either of them.

sent to bishop as to chap

assistant

XIII.-Notice of the nomination of a chaplain or Notice to be assistant chaplain to a prison shall, within one month after it has taken place, be transmitted to the bishop of lains und the diocese in which the prison is situate, and no chaplain chaplains. or assistant chaplain shall officiate in any prison until he has obtained a licence for that purpose from the bishop of the diocese wherein the prison is situate, nor for any longer time than while such licence continues in force.

office and

cers.

XIV.-Every officer of a prison appointed under this Tenure of Act shall hold his office during the pleasure of the salaries of justices in sessions assembled, and shall receive such prison offisalary as they may direct, subject to this proviso, that in the case of a municipal borough the amount of the salary of every prison officer appointed under this Act shall be approved by the council.

tion of offi

cers.

XV.-If any officer of a prison has been an officer of Superannua such prison for not less than twenty years, and is not less than sixty years of age, or becomes incapable, from confirmed sickness, age, or infirmity, or injury received in actual execution of his duty, of executing his office in person, and such sickness, age, infirmity, or injury is certified by a medical certificate, and there shall be a report of the visiting justices testifying to his good conduct during his period of service, and recommending a grant to be made to him (such report to be made at some sessions of the justices holden not less than two months before the sessions at which the grant is made), the justices in sessions assembled may grant to such officer, having regard to his length of service, an annuity, by way of superannuation allowance, not exceeding two thirds of his salary and emoluments, or a gratuity not exceeding the amount of his salary and emoluments for one year; any annuity or gratuity so fixed to be payable

Removal of prison offi

cers from

(Sic.)

out of the rates lawfully applicable to the payment of the salaries of such officers. Where the power to levy the last-mentioned rates is vested in a different body from the justices, the consent of such last-mentioned body shall be obtained to the amount of superannuation allowed.

XVI.-Whenever any officer of a prison is suspended, removed from, or resigns his office, or departs this life, apartments. the officer so suspended, removed, or resigning, and his family, and the family of every such deceased officer, shall quit the possession of the house or apartments in which he or they have previously resided by virtue of such office when required so to do by notice under the hand or hands of two or more visiting justice or justices of the peace; and if he or they refuse or neglect to give such possession for forty-eight hours after such notice as aforesaid has been given to him or them, any two justices, upon proof made to them of such removal, resignation, or death, and of the service of such notice, and of such neglect or refusal to comply therewith, may, by warrant under their hands and seals, direct any constable, within a period therein named, to enter by force, if necessary, into such premises, and deliver possession thereof to the prison authority, or to any person appointed by the visiting justices.

Discipline of Prisoners.

Requisitions XVII. The requisitions of this Act with respect to separation of the separation of prisoners are as follows:

of Act as to

prisoners.

First. In every prison separate cells shall be provided equal in number to the average of the greatest number of prisoners, not being convicts under sentence of penal servitude, who have been confined in such prison at any time during each of the preceding five years.

Second.-In

every prison punishment cells shall be provided or appropriated for the confinement of prisoners for prison offences.

Third. In a prison containing female prisoners as well as males, the women shall be imprisoned in separate buildings or separate parts of the same buildings, in such manner as to prevent their seeing, conversing, or holding any intercourse with the men.

Fourth. In a prison where debtors are confined, means shall be provided for separating them altogether from the criminal prisoners.

Fifth. In a prison where criminal prisoners are confined, such prisoners shall be prevented from holding any communication with each other, either by every prisoner being kept in a separate cell by day and by night, except when he is at chapel or taking exercise, or by every prisoner being confined by night to his cell, and being subjected to such superintendence during the day as will, consistently with the provisions of this Act, prevent his communicating with any other prisoner.

certified for

XVIII. No cell shall be used for the separate confine- Cells to be ment of a prisoner unless it is certified by one of Her confinement Majesty's Inspectors of prisons to be of such a size, and of prisoners. to be lighted, warmed, ventilated, and fitted up in such a manner, as may be requisite for health, and furnished with the means of enabling the prisoner to communicate at any time with an officer of the prison; but a distinction may be made in respect of the use of cells for the separate confinement of prisoners during long and short periods of imprisonment, and in respect of the use of cells in which the prisoner is intended to be employed during the whole day, or for a long or short part thereof; and the certificates of the inspector may be varied accordingly, so as to express the period of imprisonment for which each cell may be considered fit, and the number

Requisitions

of Act as to

of hours in the day during which the prisoners may be employed therein.

No punishment cell shall be used unless it is certified by such inspector that it is furnished with the means of enabling the prisoner to communicate at any time with an officer of the prison, and that it can be used as a punishment cell without detriment to the prisoner's health, and the time for which it may be so used shall be stated in the certificate.

Every certified cell shall be distinguished by a number or mark placed in a conspicuous position, and shall be referred to by its number or mark in the certificate of the inspector, and if the number or mark of any certified cell is changed without the consent of the inspector, such cell shall be deemed to be an uncertified cell until a fresh certificate has been given.

Any certificate given by an inspector in respect of a cell may be withdrawn on such alteration taking place in such cell as to render the certificate, in his opinion, inapplicable thereto, and upon a certificate in respect of a cell being withdrawn that cell shall cease to be a certified cell for the purposes of this Act.

If any prison authority feel aggrieved by the refusal of the inspector to certify a cell for any of the purposes of this Act, it may appeal to one of Her Majesty's principal secretaries of state, and his decision shall be final.

XIX.-Hard labour for the purposes of this Act shall hard labour. be of two classes, consisting, 1st, of work at the tread wheel, shot drill, crank, capstan, stone-breaking, or such other like description of hard bodily labour as may be appointed by the justices in sessions assembled, with the approval of the secretary of state, which work is hereinafter referred to as hard labour of the first class; 2ndly, of such other description of bodily labour as may be