Boroughs to pay a proportion of the other county expenditure. c. 64. building, repairing, and enlarging of certain gaols and houses of correction, and for procuring information as to the state of all other gaols and houses of correction in England and Wales: Provided that nothing herein contained shall be construed to alter or restrain the powers given by the last-mentioned Act of contracting with the justices of the peace having authority or jurisdiction in and over any gaol or house of correction of the county wherein or where such borough is situated, or whereto it is adjacent, for the conveyance, support, and maintenance in such last-mentioned gaol or house of correction of prisoners committed thereto from such borough, save only that all such powers shall, after the first day of May, one thousand eight hundred and thirty-six, be vested in the council of such borough in the name of the body corporate whose council they are, and none other; and for the purpose of making such contracts as aforesaid the council of such borough, and none other, shall have power to make the orders required by the last-mentioned Act to be made by the justices of the borough at the borough sessions. CXVII. And be it enacted, that the treasurer of every county in England and Wales shall keep an account of all sums of money received in aid or on account of the county rate, and of the sum of money expended out of the county rate for other purposes than the costs arising out of the prosecution, maintenance, and punishment, conveyance and transport of offenders committed for trial in such county, and in the case of boroughs having a separate court of quarter sessions of the peace other than out of coroner's inquests, and shall, not more than twice in every year, send a copy of the said account to the council of every borough situate within such county in which a separate court of quarter sessions of the peace shall be holder, 2 & 3 Will. 4, and which before the passing of the said Act, intituled An Act to settle and describe the divisions of counties and the limits of cities and boroughs in England and Wales, so far as regards the election of members to serve in parliament, was chargeable with or liable to contribute in whole or in part to the county rate of such county, and shall make an order on the council of every such borough for the payment of such proportion of such sum as would have been chargeable, after deducting all sums of money received in aid of the county rate as aforesaid, if this Act had not passed, upon such borough as the same shall be bounded according to the provisions of this Act; and the council of such borough shall forthwith order the same, with all reasonable charges of making and sending the said account, to be paid to the treasurer of such county out of the borough fund; provided that in case any difference shall arise concerning the last-mentioned account it shall be decided by the arbitration of a barrister to be named as is provided in the case of differences with respect to the payment of monies under contracts made by authority of the said Act made in the fifth year of His late Majesty King George the Fourth, intituled An Act for amending an Act of the last session of parlia- 5 Geo. 4, c. ment, relating to the building, repairing, and enlarging of 85. certain gaols and houses of correction, and for procuring information as to the state of all other gaols and houses of correction in England and Wales. 1 VICT. CAP. 78. An Act to amend an Act for the Regulation of Municipal [17th July, 1837.] terested in XXXIX. And be it enacted, that it shall not be lawful for Mayor, &c. any mayor, alderman, councilman, or other officer of a cor- not to be inporation to be interested or concerned or employed, directly any contract or indirectly, as an architect, builder, artist, mechanic, work- for building, man, merchant, trader, or otherwise howsoever in any part &c. gaols, &c. of the work to be done or materials to be supplied at any such gaol or house of correction, or in any contract whatever relating thereto; and if any one holding such office shall be so interested, concerned, or employed in such work or contract as aforesaid, he shall thenceforward be disqualified from continuing to hold such office, and also from being thereafter elected or appointed to fill any corporate office within any such city or borough. the limits of XL. And be it enacted, that it shall be lawful for the Borough mayor, aldermen, and burgesses of any borough, by their gaol may be council, to contract for the purchase of, and to have and hold built beyond to them and their successors, any lands not exceeding in the the borough. whole five acres, either within or beyond the limits of the borough, and to build thereon a town hall, council house, police office, gaol or house of correction, for the borough; and any such gaol or house of correction, although built beyond the limits of the borough, may be declared by a resolution of the council, and upon such resolution shall be taken to be, the gaol or house of correction of the borough, and shall be within the same jurisdiction and shall be governed and regulated in like manner as if within the limits of the borough. Gaols, &c. jurisdiction Act. XLI. And whereas by the extension of the boundaries of under county certain boroughs, cities, and places, the county gaols, court houses, depôts for militia arms, and other public edifices and offices of counties have been included within the boundaries of those cities or boroughs, and are thereby subject to the jurisdiction of such cities or boroughs and of the sheriffs and other municipal authorities thereof; in remedy whereof be it enacted, that all county gaols, courts, depôts for arms, and all lands, buildings, easements, and appurtenances thereunto belonging, which before the passing of the Act passed in the last session of parliament to make temporary provision for the boundaries of certain boroughs, or the authorized extension of the boundaries of any boroughs since the passing of that Act, were in, of, or belonging to any county, shall be taken to be and considered and shall remain part and parcel of such county, and under the exclusive jurisdiction of the authorities of such county, as if the said last-mentioned Act had not passed. Certain borough debtors and contempt may be removed to the county gaol. XLII. And be it enacted, that in every case in which by virtue of any contract made between the council of any boprisoners in rough and the justices of any county, riding, parts or division of a county, liberty, or jurisdiction, according to the provisions of the said Act for regulating corporations, the gaol belonging to such county, riding, parts, or division of a county, liberty, or jurisdiction, shall be used as the gaol of such borough, prisoners for debt or in contempt arrested in any such borough under any process from any court may be taken and removed from such borough, and confined in that part of such gaol which is appropriated to debtors, and such removal shall not be taken to be an escape: Provided always, that every such prisoner shall still be taken to be within the legal custody of the person or persons in whose custody he would have been if imprisoned within the borough gaol, and the sheriff of such county, riding, parts or division of a county, liberty, or jurisdiction, shall not be answerable for the safe custody of any such prisoner: Provided also, that it shall be lawful for the person or persons in whose custody such prisoner would have been if imprisoned within the borough gaol to take such security from the gaoler or keeper of the gaol to which any such prisoner shall be so removed, for the safe custody of all such prisoners, as shall be agreed on between the council and justices aforesaid. 1 & 2 VICT. CAP. 82. An Act for establishing a Prison for young Offenders. [10th August, 1838.] WHEREAS it may be of great public advantage that a prison be provided in which young offenders may be detained and corrected, and may receive such instruction and be subject to such discipline as shall appear most conducive to their reformation and to the repression of crime: And whereas the buildings at Parkhurst in the Isle of Wight, lately used as a military hospital and as a medical asylum for the children of soldiers, are buildings which may be conveniently used for such a prison; be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that Her Majesty it shall be lawful for Her Majesty, by warrant under the royal may appoint sign manual, to appoint that the said buildings at Parkhurst the buildings shall be used as a prison for the confinement of such offenders at Parkhurst as are hereinafter specified, as soon as the same can be fitted to be used as a prison for and completed for that purpose; and the said buildings shall juvenile thereupon become a prison for the lawful confinement of such offenders. offenders, and shall be within the provisions of an Act passed in the sixth year of the reign of His late Majesty, intituled An Act for effecting greater uniformity of practice in the government of the several prisons in England and Wales, and for appointing inspectors of prisons in Great Britain. 5 & 6 W. 4, c. 38. the crown, II. And be it enacted, that it shall be lawful for one of Officers to be Her Majesty's principal secretaries of state to appoint for appointed by Parkhurst prison a governor, a chaplain being a clergyman (the secrenot having any other cure of souls, a surgeon, a matron, and tary of state.) such other officers, assistants, and servants as may be necessary for the service and discipline of the prison, and at pleasure to remove all or any of the said governor, chaplain, surgeon, matron, and other officers, assistants, and servants, and to appoint others in their room, and to fix the salaries to be paid to each of them. III. And be it enacted, that it shall be lawful for one of Young of fenders un Her Majesty's principal secretaries of state to direct the reder sentence moval to Parkhurst prison of any young offender, male or may be removed to Parkhurst prison. female, as well as those under sentence or order of transportation as those under sentence of imprisonment, who, having been examined by an experienced surgeon or apothecary, shall appear to be free from any putrid or infectious distemper, and fit to be removed from the gaol, prison, or place in which such offender shall be confined: provided always, that every offender so removed, who shall be under sentence of transportation, shall nevertheless be within the provisions of an Act passed in the fifth year of the reign of King George the 5 G. 4, c. 84. Fourth, intituled An Act for the transportation of offenders from Great Britain, in case the secretary of state shall direct that he or she shall be afterwards removed from Parkhurst prison as hereinafter provided. Term of imprisonment in Parkhurst prison. Gaolers, &c. having the custody of offenders ordered to be placed there shall cause them to be deli IV. And be it enacted, that every offender who shall be so removed to Parkhurst prison shall continue there until he or she shall be transported according to law, or shall become entitled to his or her liberty, or until the secretary of state shall direct the removal of such offender to the gaol, prison, or place from which he or she shall have been brought, or in which he or she may be lawfully confined; and the sheriff, gaoler, or other person having the custody of any offender, whose removal to Parkhurst prison shall be ordered in manner aforesaid shall, with all convenient 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 vered to 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 discharge; and all reasonable expenses which the sheriff or gaoler shall incur 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. governor thereof. As to of moved from V. And be it enacted, that it shall be lawful for the secrefenders re- tary of state at any time to order any offender to be removed Parkhurst from Parkhurst prison as incorrigible, and in every such case prison as the offender so removed shall be liable to be transported or incorrigible. |