THE PRISON ACT, 1865. 28 & 29 VICT. CAP. 126. An Act to consolidate and amend the Law relating Preliminary. I. This Act may be cited for all purposes as "The Short title. Prison Act, 1865." ment of Act II. This Act shall come into operation on the first Commenceday of February one thousand eight hundred and sixtysix, which day is hereinafter referred to as the commencement of the Act. of Act. III.—This Act shall not extend to Scotland or Ireland, Application and shall not apply to the prisons for convicts under the superintendence of the directors of convict prisons, or to any military or naval prison. terms. Definition of IV. In this Act, and in any Act applied or incorporated by this Act, the expressions hereinafter mentioned shall have the meanings hereinafter attached to them, unless there is something in the tenor of the Act inconsistent with such meanings; that is to say: "Municipal "Municipal borough" shall mean any place for the Borough " and "Borough." "Prison." "Gaoler." "Clerk of the peace." "Treasurer" "Quarter sessions." time being subject to the Municipal Corporation Act passed in the session of the fifth and sixth years of the reign of His late Majesty King William the Fourth, chapter seventy-six, and any Acts amending the same, and "borough" shall include "municipal borough :" "Prison" shall mean gaol, house of correction, bridewell, or penitentiary; it shall also include the airing grounds or other grounds or buildings occupied by prison officers for the use of the prison and contiguous thereto : "Gaoler" shall mean governor, keeper, or other chief officer of a prison: "Clerk of the Peace" shall include any officer performing similar duties to those of a clerk of the peace: “Treasurer” shall include any officer performing duties similar to those of treasurer: "Quarter sessions" shall include "general sessions :" "Criminal "Criminal prisoner" shall mean any prisoner charged with or convicted of a crime. prisoner." Description V.-The persons hereinafter named shall be prison authorities." authorities for the purposes of this Act; that is to say, of "Prison First. As respects any prison belonging to any county, except as hereinafter mentioned, or to any riding, division, hundred, or liberty of a county, having a separate court of quarter sessions, the justices in Second. As respects any prison belonging to a county Third. As respects any prison belonging to the city of London, or the liberties thereof, the court of the lord mayor and aldermen. Fourth. As respects any prison belonging to a municipal borough, the council of the borough. Fifth. As respects any prison belonging to any district, liberty, city, borough, or town having a separate prison jurisdiction, and not hereinbefore mentioned, the justices, council, or other persons having power at law to build, enlarge, or repair such prison, assembled at any gaol session or other formal meeting of their body. VI.-The expression "justices in sessions assembled " Definition of shall mean as follows: that is to say, First.-As respects any prison belonging to any county, except as hereinafter mentioned, or to any riding, Second. As respects any prison belonging to any county sessions. "Justices in sessions assembled." Contracts, Third. As respects any prison belonging to the city of London, or the liberties thereof, the court of the lord mayor and aldermen. Fourth. As respects any prison belonging to any municipal borough, the justices of the borough assembled at sessions to be held by them at the usual time of holding quarterly sessions of the peace, or at such other time as they may appoint. Fifth. As respects any prison belonging to any city, district, borough, or town having a separate prison jurisdiction, and not hereinbefore mentioned, the justices or other persons having power at law to make rules for the government of such prison. VII. The provisions of the Act of the twenty-first &c. by prison and twenty-second years of the reign of Her present counties. Majesty, chapter ninety-two, shall apply to all contracts, authority in mortgages, or conveyances entered into or executed in pursuance of this Act by or on behalf of or with the justices of any county, riding, division, hundred, or liberty of a county in general or quarter sessions assembled; and in the construction of that Act the expression "justices in quarter sessions assembled" shall include the justices of the county in gaol sessions assembled, in pursuance of the Act of the fifth year of King George the Fourth, chapter twelve, and shall also include the bailiff and justices of the liberty of Romney Marsh assembled at any sessions or meeting. And all contracts, mortgages, or conveyances entered into or executed in pursuance of this Act by or on behalf of or with any other prison authority shall be entered into and executed in manner in which such instruments or deeds are usually entered into by such authority. PART I. THE MAINTENANCE AND GOVERNMENT OF PRISONS. Obligation to maintain Prisons. of prisons by prison jurisdiction. VIII.—There shall be provided, at the expense of Maintenance every county, riding, division, hundred, liberty, fran- separate chise, borough, town, or other place having a separate prison jurisdiction, adequate accommodation for its prisoners in a prison or prisons constructed and regulated in such manner as to comply with the requisitions of this Act in respect of prisons. All expenses incurred by a prison authority in carrying into effect the provisions of this Act shall be defrayed out of the county rate, or rate in the nature of a county rate, borough rate, or other rate leviable in the county, riding, division, hundred, liberty, franchise, borough, town, or other place having a separate prison jurisdiction, and applicable to the maintenance of a prison, or out of any other property applicable to that purpose. separate diction. IX. For the purposes of this Act every county, Definition of riding, division, hundred, liberty, franchise, borough, prison juristown, or other place shall be deemed to have a separate prison jurisdiction which maintains a separate prison, or would be liable at law to maintain a separate prison if accommodation were not provided for its prisoners in the prison of some other jurisdiction. Where a county is divided into ridings or divisions, and a prison is maintained at the common expense of such ridings or divisions, that county shall in relation to such prison, and for the purposes thereof, be deemed to |