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 second class; and in every prison where prisoners sentenced to hard labour are confined, adequate means (having regard to the average number of such prisoners confined in that prison during the preceding five years) shall be provided for enforcing hard labour in accordance with the regulations of this Act; and no prison shall be deemed to be in conformity with the requisitions of this Act with respect to the enforcement of hard labour unless such means as aforesaid have been provided therein, and prisoners sentenced to hard labour have been employed thereat in manner provided by this Act: Provided, that employment in the necessary services of the prison may, in the case of a limited number of prisoners, to be selected by the visiting justices, as a reward for industry and good behaviour, be deemed to be hard labour of the second class. as to government of XX. The regulations contained in the first schedule Regulations hereto with respect to the government of prisons shall be binding on all persons in the same manner as if they prisons. were enacted in the body of this Act. dition to in schedule. XXI.-The justices in sessions assembled shall make Rules in adrules for the supply to all prisoners confined in prisons regulations within their jurisdiction of a sufficient quantity of plain and wholesome food, regard being had so far as relates to convicted criminal prisoners to the nature of the labour required from or performed by such prisoners, so that the allowance of food may be duly apportioned thereto, and shall frame dietary tables for this purpose, and the said justices may make rules in respect of any other matters relating to the government of prisons within their jurisdiction, in addition to the regulations in the said first schedule, and may from time to time repeal or alter any rules made or dietary tables framed in pursuance of this Inspector of prisons to leave a minute of section; but no rule or dietary table, or repeal or alteration of a rule or dietary table, shall be valid under this section until one of Her Majesty's principal secretaries of state has certified his approval in writing under his hand; and when such approval has been certified, such rule or dietary table, or repeal or alteration of a rule or dietary table, shall be binding on all persons in the same manner as if it were enacted by this Act. If the justices in sessions assembled make default in making rules and dietary tables that may be approved by the said secretary of state in respect of the supply of food to prisoners in any prison within their jurisdiction, there shall be in force in such prison such rules or dietary tables with respect to such supply as may from time to time be determined by the said secretary of state in writing under his hand. XXII.-Upon visiting or inspecting a prison to which this Act applies, the inspector shall, by letter addressed observations. to the visiting justices, call their attention to any irregularity he may have observed therein, or any complaint he may have to make against the buildings, the officers, or the discipline of the prison, and the visiting justices shall enter a copy of such letter in their minute book. Power to build pri sons. Conditions as to build Enlargement and Rebuilding of Prisons. XXIII.-Subject to the conditions hereinafter mentioned, any prison authority may alter, enlarge, or rebuild any of its prisons, or may, if necessary, build other prisons in lieu of or in addition to any subsisting prisons, and may borrow money for the purpose of such alteration, enlargement, new building, or building. XXIV. The necessity for any alteration or enlargeing prisons. ment or for rebuilding of an existing prison, or for the building of a new prison, shall be proved, in the case of a municipal borough, by the certificate of the recorder, or chairman of quarter sessions where there is no recorder, and in any other case by a presentment of two or more of the visiting justices or other justices having jurisdiction within the district of the prison authority; and the consideration of such certificate or presentment shall not be entertained by the prison authority unless not less than three weeks previous notice has been given in some one or more public newspaper or newspapers circulating within the district of the prison authority of their intention to take the same into consideration at a time and place to be mentioned in such notice, and in every case the sanction of one of Her Majesty's secretaries of state must be obtained to any such alteration, enlargement, rebuilding, or building. secretary of state to prisons. XXV.-In order to obtain the sanction of the secretary Mode of obtaining of state to the alteration, enlargement, or rebuilding of sanction of any prison, the prison authority shall forward to him a plan of the proposed alterations, enlargement, or new building of building, drawn on such scale and accompanied with such particulars as the said secretary may determine, and shall add thereto an estimate of the expense proposed to be incurred by the prison authority, and the amount of money proposed to be borrowed; and wherever a new prison is built, or an old prison is altered, enlarged, or rebuilt, a chapel or suitable room shall be provided easy of access to the prisoners, and shall be strictly set apart for religious worship, or for the religious and moral instruction of the prisoners, and shall not be employed for any other purpose. XXVI.-The said secretary of state may approve of Approval of secretary of the plans submitted to him with or without modification, state. or may disapprove of the same, and his approval or disapproval shall be certified in writing under his hand. XXVII.- Any monies borrowed by a prison authority Charge of may be charged by that authority on any county rate, monies. borrowed Certain clauses of c. 16, as to borrowing or rate in the nature of a county rate, borough rate, or other rate applicable to the maintenance of a prison and leviable by that authority, or on any other property belonging to that authority and applicable to the same purpose as the said rates, and shall be repaid, together with the interest due thereon, out of such rates or other property. XXVIII.-The clauses of "The Commissioners Clauses 10 & 11 Vict. Act, 1847," with the exception of the eighty-fourth clause, with respect to mortgages to be created by the money incor- commissioners, shall form part of and be incorporated porated. with this Act, and any mortgagee or assignee may enforce payment of his principal and interest by appointment of a receiver. Public works In the construction of the said clauses "the commissioners" shall mean "the prison authority." Where a prison authority borrows any money for the alteration, enlargement, or rebuilding of any prison, or the building of any new prison, they shall charge the rates or property out of which the monies borrowed are payable not only with the interest of the monies so borrowed, but also with the payment of such further sum as will ensure the repayment of the whole sum borrowed within thirty years, or if the loan has been made by the public works loan commissioners as defined by the Public Works Loan Act, 1853, within twenty years of the time of borrowing the same. XXIX.-The said public works loan commissioners as defined by the Public Works Loan Act, 1853, may advance to any prison authority upon the security of any rate applicable to or chargeable with the maintenance of a prison without any further security, for the purpose of altering, enlarging, or rebuilding any subsisting prison or building any new prison in pursuance of this Act, such sums of money as may be recommended by one of Her Majesty's principal secretaries of state. of surveyor XXX.-It shall be lawful for one of Her Majesty's Appointment principal secretaries of state to appoint a proper person general of to be a surveyor general of prisons for the purpose of prisons. advising prison authorities on the construction of prisons, and reporting to the secretary of state on the several plans of prisons which may be sent to him for his report, and for the performance of such other duties connected with the construction of prisons as may be from time to time entrusted to him by the secretary of state. Contracts for Maintenance of Prisoners and Appropriation of Prisons. prison for mainte nance of XXXI.—Any prison authority may contract with any Contracts by other prison authority having a prison in conformity authorities with the requisitions of this Act, that the latter authority is to receive into and maintain in its prison or one of its prisoners. prisons all prisoners maintainable at the expense of the former authority, or any particular class or classes of such prisoners: Provided That no such contract shall be valid unless the prison of the latter authority is approved by one of Her Majesty's principal secretaries of state as being a fit prison to receive the prisoners contracted to be received there. contracts authorities. XXXII.-A contract entered into between prison Expenses of authorities for the reception into and the maintenance between in the prison of the one authority of the prisoners main- prison tainable by the other authority may include the costs of conveying the prisoners to prison, and all other costs incurred in respect of such prisoners. All monies payable under the contract shall be raised in the same manner in which monies for defraying the expenses of the prison for which a substitute is provided under the contract would be raiseable; and where such expenses are not by law wholly defrayable out of one |