Persons at introduce forbidden articles into apprehended. 2 & 3 VICT. Cap. 56. An Act for the better ordering of Prisons. [17th August, 1839.] XXII. And be it enacted, that if any person shall carry or tempting to bring, or attempt or endeavour, by throwing over the walls or any other means, to introduce, into any prison to which this Act shall extend, any letters, tobacco, or other articles not gaols may be allowed by the rules of such prison, it shall be lawful for any person to apprehend such offender, and to carry him or her before a justice of the peace, who is hereby empowered to hear and determine such offence in a summary way; and if he shall lawfully convict such person of such offence, he shall forthwith commit such offender to the common gaol or house of correction, there to be kept, with or without hard labour, for any time not exceeding one calendar month, without bail or mainprize, unless such offender shall immediately pay down such sum of money, not exceeding five pounds nor less than forty shillings, as such justice shall impose; and such fine shall be paid towards the expense of the maintenance of such prison (a). Punishment for such offence. XXIII. And be it enacted, that in this Act, unless the context shall require a different construction, the word "prison " shall be taken to mean and comprise every gaol, house of correction, bridewell, penitentiary, lock-up house, or other place used for the confinement of persons charged with or convicted of any offence punishable by law; and the words "visiting justices" shall be taken to mean and comprise a visitor duly appointed in prisons where there are no visiting justices; and the word "prisoners" shall include persons committed to prison for want of bail or sureties, as well as persons charged with or convicted of any offence, or otherwise detained by legal authority (a). (a) By 28 & 29 Vict. c. 126, sch. 3, sects. 22 & 23 of this Act are repealed, except so far as they relate to prisons or places of confinement to which the 28 & 29 Vict. c. 126, does not extend. 5 VICT. SESS. 2, Cap. 29. An Act for establishing a prison at Pentonville. [18th June, 1842.] WHEREAS it will be of great public advantage that a new prison be provided in which criminal offenders may be imprisoned and corrected, and may receive such instruction and may be subjected to such discipline as shall appear most conducive to their reformation and to the repression of crime, and that provision be made for the future disposal of such offenders: And whereas a building has been erected at Pentonville in the county of Middlesex which may be conveniently used for such purpose, and the same is now completed for the reception of convicts: Be it enacted by the Queen's most Excellent Ma- The Pentonville prison jesty, by and with the advice and consent of the Lords Spiritual shall be used. and Temporal, and Commons, in this present Parliament as- as a prison sembled, and by the authority of the same, that the said for the ofbuilding shall be called "the Pentonville prison," and shall fenders herebe used as a prison for such offenders as are hereinafter speci- specified. fied, and shall be within the provisions of an Act passed in the sixth year of the reign of his late Majesty, intituled An 5 & 6 W. 4, Act for effecting greater uniformity of practice in the govern- c. 38. ment of the several prisons in England and Wales, and for appointing inspectors of prisons in Great Britain, and of an 2 & 3 Vict. Act passed in the third year of the reign of Her Majesty, c. 50. intituled An Act for the better ordering of prisons. inafter II. And be it enacted, that said prison, and all the lands, Prison to be tenements and hereditaments thereunto belonging, with the exempt from appurtenances thereof, and all persons in respect thereof, shall rates and be wholly freed and discharged from all taxes, rates, assessments, and charges whatsoever. taxes. mation of III. And be it enacted, that from and after the expiration Provisions of five years after the passing of this Act the said prison, and for confirall lands, tenements, and hereditaments purchased before the title. passing of this Act for the purposes thereof, under the powers of this Act, shall become and remain absolutely vested in Her Majesty, her heirs and successors; and that if any proceedings shall be taken before the expiration of the said term of five years, upon which judgment shall be obtained for the Jury to ascertain the value to be paid. recovery of the possession of any such lands, tenements, and hereditaments, then, within two calendar months after such judgment shall be obtained, there shall be paid or tendered to the person obtaining such judgment, instead of such lands, tenements, or hereditaments, his costs on the proceeding for obtaining such judgment, and such sum of money as a jury, in the manner hereinafter mentioned, shall find to have been the value of the said lands, tenements, and hereditaments. IV. And be it enacted, that the jury which shall try any proceeding brought for the recovery of the possession of any of the said lands, tenements, or hereditaments, shall at the same time ascertain the value thereof at the time when they were conveyed for the purposes of this Act, or when possession was taken thereof; and the value so found shall be certified by the presiding judge under his hand, and such certificate shall be delivered to the persons seeking to recover possession thereof, and the value so ascertained shall be the amount to be paid, instead of such lands, tenements, and heredita ments. Appointment of commis sioners for governing the prison, not being less than seven or more than eleven. Appointment of officers. V. And be it enacted, that it shall be lawful for Her Majesty, with the advice of her privy council, to nominate and appoint any number of fit persons, not being less than seven or more than eleven, to be commissioners for governing the said prison; and it shall be lawful for Her Majesty, with the like advice, from time to time to remove all or any of the said commissioners, and to appoint others in their stead, or instead of such as shall die, or resign, or be unable by sickness or otherwise to attend. VI. And be it enacted, that it shall be lawful for the said commissioners, with the approval of one of Her Majesty's principal secretaries of state, to appoint for the said prison a governor, a chaplain or chaplains, being clergymen not having any other cure of souls, and a medical officer, and, with the like approval, to remove all or any of them; and it shall also be lawful for the said commissioners to appoint, and at their pleasure to remove, so many other officers and servants as one of Her Majesty's principal secretaries of state shall deem to be necessary for the service and discipline of the prison; and the secretary of state, with the approval of the commissioners of Her Majesty's treasury, shall fix the salaries to be paid to the said governor, chaplain or chaplains, medical officer, and other officers and servants of the prison: Provided always, that no chaplain so to be appointed shall officiate at the said prison until he shall have obtained a licence for that purpose from the bishop of the diocese of London, nor for any longer time than while such licence shall be in force; and notice of every such appointment of a chaplain shall be sent to the bishop by the said commissioners within one calendar month next after such appointment. VII. And be it enacted, that it shall be lawful for the Secretary of secretary of state, if he shall deem it necessary, to require state may any person employed in the said prison to give security for the require security from due performance of his duties, in such sums, and with such any officer. collateral securities, and in such form as the secretary of state shall direct. dismissed VIII. And be it enacted, that if any person appointed to For ousting any office or employment in the said prison who shall be reofficers. moved from his office or employment shall refuse or neglect to quit the said prison, or to give up possession of any house, building, or apartment therein or belonging thereto, within such period as shall be fixed by the secretary of state in any order or notice in writing not being less than forty-eight hours after the delivery to such person of any such order or notice, then it shall be lawful for any justice of the peace acting for the county of Middlesex, on application of any one of the said commissioners, by warrant under the hand and seal of such justice, to direct the sheriff of the county to remove such person out of the prison, and the said sheriff shall thereupon clear the possession thereof, so far as relates to any part of the prison or any house, building, or apartment therein or belonging thereto, occupied by or in possession of such person, in like manner as upon a writ of habere facias possessionem. same powers IX. And be it enacted, that the said commissioners shall Commishave the same powers and duties with respect to the said prison sioners to which the visiting justices of any other prison have with have the respect to their prison; and all enactments respecting the as visiting visiting justices of any prison shall be deemed to apply to the justices: said commissioners with respect to the Pentonville prison; and may and the said commissioners shall hold meetings, and they or for their make rules any three of them shall be empowered from time to time to meetings and make and alter rules for their meetings, and for all matters for the relating thereunto, and also for the government of the said government of the prison, prison, and for the duties and conduct of the governor and subject to other officers of the prison, and for the diet, clothing, main- approval of tenance, employment, and discipline of the convicts imprisoned secretary of state. Commissioners to appoint visitors from among them selves. Commis therein, as to the said commissioners shall seem fit: Provided that no such rule, whether it be original, or an amendment or revocation of a former rule, shall be enforced until it shall have been approved by one of Her Majesty's principal secretaries of state. X. And be it enacted, that the said commissioners shall from time to time appoint one or more of themselves to visit the Pentonville prison during the intervals between their meetings, and, if they shall think fit, may delegate power to such visitors or any of them to make any order or give any direction, in cases of pressing emergency within the said prison, which might be made or given by the said commissioner, provided that every such order or direction shall be in writing, and shall be reported, with the circumstances by which the same was occasioned, to the commissioners at their next meeting. XI.—And be it enacted, that the commissioners of the sioners to be said prison, and their successors, shall be a body corporate, and shall sue and be sued by the name of "the commissioners for the government of the Pentonville prison." a body corporate. Commis sioners empowered to contract for clothing, diet, &c. Commis sioners shall make reports to be laid before both houses of XII. And be it enacted, that the commissioners shall have power to make contracts with any persons whomsoever for the clothing, diet, and other necessaries for the maintenance and support of the convicts confined in such prison, and for the implements or materials for any kind of manufacture or trade in which convicts confined in such prison shall be employed, and also to carry on such manufacture or trade in prison, and to sell such goods, wares, and merchandise as shall there be wrought or manufactured. XIII. And be it enacted, that the said commissioners shall, on or before the tenth day of March in each year, and oftener to the secre- if required by one of Her Majesty's principal secretaries of tary of state, state, make reports in writing under the hands of three or more of them to the secretary of state, specifying the state of the buildings, the behaviour and conduct of the officers of the parliament. prison and of the convicts, the amount of the earnings of the convicts, and the expense of such prison, and such other matters relating to the discipline and management of such prison as they shall deem expedient, or as the secretary of state shall direct; and every such report shall be laid before both houses of parliament within one calendar month next after the receipt thereof, if parliament shall be then sitting, or if not, then within one calendar month after the then next meeting of parliament. |