Appropriation of prisons for purposes of classifica tion. Public notice of prisons priated to certain prisoners. fund, and a difference arises between the several persons interested in the several funds applicable to defraying such expenses as to what proportion ought to be applied to paying the expenses arising under the contract, such difference shall be settled by arbitration in manner hereinafter mentioned. XXXIII.-Where two or more prisons are within the jurisdiction of the same prison authority, that authority may carry into effect the requisitions of this Act with respect to the separation of prisoners or the enforcement of hard labour by appropriating particular prisons to particular classes of prisoners. XXXIV. Where a change has been made as to the being appro- prison to which prisoners committed within the jurisdiction of any prison authority may be sent by reason of such authority having appropriated any of its prisons to a particular class of prisoners, or having contracted with another prison authority for the reception of its prisoners, or from any other cause, notice of such change shall be published once at the least in each of two successive weeks in some newspaper or newspapers usually circulated within the jurisdiction of the said prison authority, and a copy thereof shall be served upon the gaoler of every prison within such jurisdiction. Government allowance withheld quate pri sons. Penalty for inadequate Prisons. XXXV.-Whenever it appears to one of Her Majesty's principal secretaries of state that default has been from inade- made in any prison in complying with the requisitions of this Act in respect of the separation of prisoners or of the enforcement of hard labour, or of providing a chapel or suitable room for religious worship, it shall be lawful for the said secretary of state to certify such noncompliance in writing under his hand to the commissioners of Her Majesty's treasury, and upon such certificate being given no contribution shall thenceforth be paid out of monies provided by parliament towards the expenses of maintaining any prisoners in that prison until the said secretary of state has revoked his certificate, upon being satisfied that the defaulting prison has been brought into conformity with the requisitions of this Act, and then only from the date of such revocation : Provided First. That this section shall not affect the payment of any contribution payable on or before the thirty-first day of December, one thousand eight hundred and sixty-six : Second. That before the certificate of the said secretary of state is given under this section with respect to any prison, a copy of the report of the inspector of prisons relating to that prison, and a statement of the grounds on which the said secretary proposes to give his certificate, shall be sent to the prison authority; and it shall be lawful for such authority, upon receiving a copy of the said report and statement, to address any explanations or observations relating thereto to the said secretary of state: Third. Whenever the certificate of the secretary of state is given under this section in respect of a prison, a copy of the said statement of grounds, accompanied with any such explanations or observations as aforesaid, shall be laid before parliament. to close prisons. XXXVI.-If at any time it appear to one of Her Power of Majesty's principal secretaries of state that a prison autho- secretary of rity has, in respect of any prison within its jurisdiction, inadequate made default for four successive years in complying with the requisitions of this Act with respect to the separation of prisoners, or with respect to the enforcement of hard labour, or with respect to providing a chapel or suitable room for religious worship, the said secretary of state may, by notice under his hand, addressed to the authority of that prison, and forwarded by post in a prepaid letter to the gaoler of the prison, or otherwise delivered to him, require that authority, within a time specified in such notice, to bring such prison into conformity with the requisitions of this Act with respect to such matters as aforesaid, or to exercise the powers given to such authority by this Act of contracting for the removal of the whole or a number of its prisoners proportioned to the inadequacy of its prison in respect of such separation or means of providing such hard labour to some other prison where means exist for carrying into effect the requisitions of this Act with respect to the separation of prisoners or means of enforcing hard labour: and if any prison authority to whom such notice is given fail, within six months after the receipt thereof, to comply with the requirements thereby made, the said secretary of state may order the said inadequate prison to be closed, and direct the removal of the prisoners therein and the committal of future prisoners to some other prison, the authority of which may be willing to receive them; and upon such order being made it shall be the duty of the gaoler of the said inadequate prison, without further warrant, to remove all the prisoners therein to the substituted prison named in the order of the secretary of state, and such substituted prison shall thenceforth, and so long as such order is in force, for all purposes relating to the committal, detention, trial, and punishment of the prisoners so removed, and of the prisoners committed thereto in pursuance of this section, be deemed to be the prison of the defaulting authority, and that authority shall pay, out of any rates or monies applicable to the support of the inadequate prison, all expenses incurred in and about the closing of that prison, and the removal of the prisoners therein to the substituted prison; and all expenses incurred by the authority of the substituted prison in respect of the prisoners committed to that pri son in pursuance of this section shall be defrayed by the authority of the inadequate prison in the same manner in all respects as if that authority had contracted in pursuance of this Act with the authority of the substituted prison for the reception in the last-mentioned prison of prisoners belonging to the authority of the inadequate prison. Notice of any order made by the said secretary of state in pursuance of this section shall be published in the London Gazette, and once at least in two successive weeks in one of the newspapers usually circulating in the county, city, borough, or place in which the prison to which the order relates is situate, and a copy of the gazette or newspaper containing such order shall be conclusive evidence of its contents. Offences in Relation to Prisons. XXXVII.-Every person who aids any prisoner in Assisting prisoners to escaping or attempting to escape from any prison, or escape. who, with intent to facilitate the escape of any prisoner, conveys or causes to be conveyed into any prison any mask, dress, or other disguise, or any letter, or any other article or thing, shall be guilty of felony, and on conviction be sentenced to imprisonment with hard labour for a term not exceeding two years. regu for carrying tobacco into XXXVIII.-Every person who, contrary to the Punishment lations of the prison, brings or attempts by any means spirituous whatever to introduce into any prison any spirituous or liquors or fermented liquor or tobacco, and every officer of a prison prison. who suffers any spirituous or fermented liquor or tobacco to be sold or used therein, contrary to the prison regulations, on conviction shall be sentenced to imprisonment for a term not exceeding six months, or to a penalty not Punishment for carrying letters into and out of prisons. Notice of penalties to be placed outside of prison. When term exceeding twenty pounds, or both in the discretion of the court, and every officer of a prison convicted under this section shall, in addition to any other punishment, forfeit his office and all arrears of salary due to him. XXXIX.-Every person who, contrary to the regulations of a prison, conveys or attempts to convey any letter or other document, or any article whatever not allowed by such regulations, into or out of any prison, shall on conviction incur a penalty not exceeding ten pounds, and, if an officer of the prison, shall forfeit his office and all arrears of salary due to him, but this section shall not apply in cases where the offender is liable to a more severe punishment under any other provision of this Act. XL.-The visiting justices shall cause to be affixed in a conspicuous place outside the prison a notice setting forth the penalties that will be incurred by persons committing any offence in contravention of the three preceding sections. Discharge of Prisoners. and every XLI.-Any prisoner confined in a prison whose term of imprison- of imprisonment would, according to his sentence, expire ment expires on any Lord's day, shall be entitled to his discharge on on Sunday, prisoner to the Saturday next preceding such Lord's day; be disgaoler of every prison having the custody of prisoner as aforesaid is hereby required and authorized to discharge such prisoner on the Saturday next preceding any such Lord's day. charged on preceding day. Allowance any such XLII.-Where any prisoner is discharged from prison, to discharged the visiting justices may order a sum of money not exprisoner. ceeding two pounds to be paid out of any monies under their control, and applicable to the payment of the expenses of the prison, by the gaoler to the prisoner himself, or to the treasurer of a certified prisoner's aid society, |