stone-breaking, or such other like description of hard bodily labour as may be appointed by the justices in sessions assembled with the approval of the Secretary of State.

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(2.) Of such other description of bodily labour as may be appointed by the justices in sessions assembled with the approval of the Secretary of State.

2 Every male prisoner of sixteen years of age and upwards sentenced to hard labour must, during the whole of his sentence, be kept at hard labour of the first class for such number of hours, not more than ten or less than six (exclusive of meals), as may be prescribed by the visiting justices, subject to the following provisions:

(1.) In cases in which the sentence is for more than three months the visiting justices may, after the expiration of the first three months of the sentence, substitute hard labour of the second for hard labour of the first class.

(2.) If the surgeon certifies that any prisoner is unfit to be kept at either class of hard labour during the whole or any part of the prescribed hours, he shall not be kept to such labour during such time.

(3.) If the sentence is for a period not exceeding fourteen days, prisoners may, in pursuance of rules made by the justices in sessions, be kept in separate confinement at hard labour of the second class during the whole period of their

sentences.

3 Every male prisoner under the age of sixteen sentenced to hard labour, and every female prisoner sentenced to hard labour, must be kept at hard labour of the second-class during such number of hours-not more than ten or less than six (exclusive of meals)-in each day as may be prescribed by the visiting justices, unless the surgeon certifies that he or she is unfit for hard labour.

For the meaning of this expression see 28 & 29 Vict. c. 126, s. 6.

2 Ibid. Sch. I. 34 (redrawn).

8 Ibid. Sch. I. 35.

ARTICLE 7.

EMPLOYMENT OF PRISONERS NOT SENTENCED TO HARD LABOUR.

1 Provision must be made by the visiting justices for the employment of all prisoners sentenced to imprisonment without hard labour. The visiting justices must make rules as to the nature and amount of such employment; but no prisoner not sentenced to hard labour can be punished for neglect of work, excepting by such alteration in the scale of diet as may be established by the rules of the prison in the case of neglect of work by such prisoners.

ARTICLE 8.

SOLITARY CONFINEMENT.

2 In cases in which a Court or judge is authorized to direct that an offender shall be kept in solitary confinement, such solitary confinement may not be for any longer period than one month at a time, or more than three months in the space of one year.

ARTICLE 9.

IMPRISONMENT AS A MISDEMEANANT OF THE FIRST DIVISION,

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Imprisonment as a misdemeanant of the first division is inflicted by confining the offender within the prison. Such a misdemeanant. is not to be deemed to be a criminal prisoner.

He is permitted to maintain himself, and to procure or receive, at proper hours, food, wine, malt liquor, clothing, bedding or other necessaries; but subject to examination and to such rules as may be approved by the visiting justices.

128 & 29 Vict. c. 126, Sch. I. 38.

27 Will. 4 & 1 Vict. c. 90, s. 5.

328 & 29 Vict. c. 126, Sch. I. 16, 31. The rules upon which this article is founded, apply in terms to debtors only; but as a misdemeanant of the first division is not to be regarded as a "criminal prisoner," it would seem to follow that he is to be treated as a debtor.

He may be permitted to work and follow his trade or profession, provided such employment does not interfere with the regulations of the prison.

ARTICLE 10.

DETENTION IN A REFORMATORY.

1 The punishment of detention in a reformatory school is inflicted by detaining the offender in such a school, and subjecting him to the discipline thereof, in the manner provided by the statutes relating to reformatory schools.

ARTICLE 11.

SUBJECTION TO POLICE SUPERVISION.

2 The punishment of subjection to police supervision consists in the subjection of every person so punished to the following obligations when at large :

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(a.) He must notify the place of his residence, and every change of his residence, within the same 3 police district, to the chief officer of police of the district in which his residence is situate. He must comply with this requirement by personally presenting himself and declaring his place of residence to the constable, or person who at the time when such notification is made is in charge of the police station or office of which notice has been given to such holder or person as the place for receiving such notification, or if no such notice has been given in charge of the chief office of such chief officer of police.

(b.) Whenever he changes his place of residence from one police district to another, he must notify such change of residence to the chief officer of police of the police district which he is leaving, and to the chief officer of police of the

129 & 30 Vict. c. 117.

234 & 35 Vict c. 112, s. 8 (language slightly altered).

For definitions of "police district," and "chief officer of police," see 34 & 35 Vict. c. 112, s. 20.

442 & 43 Vict. c. 55, s. 2. The section contains some other very slight additions to the earlier Act.

police district into which he goes to reside. He must make the notifications required to be made in (a.) and (b.) within forty-eight hours after he comes into the place where they are required to be made.

(c.) Once in each month he must-if a male-report himself at such time, and personally, or by letter, as may be prescribed by the chief officer of police of the district, either to such chief officer himself, or to such person as he may direct.

(d.) If he fails to do any one of these things within the proper time he is liable to be imprisoned, with or without hard labour, for any period not exceeding one year.

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ARTICLE 12.

PUNISHMENT OF WHIPPING.

(a.) When no special provisions are made as to the punishment of whipping the number of strokes and the instrument to be used are left to the discretion of the person by whom the whipping is inflicted.

(b.) 2 When the punishment of whipping is awarded by order of one or more justices, in exercise of their power of summary conviction, the order awarding such punishment must specify the number of strokes to be inflicted, and the instrument to be used in the infliction of them. In the case of an offender whose age does not exceed fourteen years, the number of strokes inflicted must not exceed twelve, and the instrument used must be a birch rod. No such offender may be whipped more than once for the same offence.

(c.) 3 When the punishment of whipping is awarded by order of a Court for an indictable offence, under the Larceny Act, 1861, the Malicious Injuries to Property Act, 1861, or

Such was the practice when whipping was inflicted as a common law punishment, and such must still be the practice where no statutory directions are given as to the mode of inflicting it. The only limitation is contained in the declaration of the Bill of Rights against "illegal and cruel punishments" (1 W. & M. sess. 2, c. 2, preamble).

225 Vict. c. 18, s. 1.

24 & 25 Vict. c. 96, s. 119; c. 97, s. 75; c. 100, s. 70.

the Offences against the Person Act, 1861, the Court may sentence the offender to be once privately whipped, and the number of strokes and the instrument with which they are to be inflicted must be specified by the Court in the sentence.

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(d.) When the punishment of whipping is awarded under the Act for the further security of her Majesty's subjects from personal violence (1863), the Court may direct that the offender-if a male-in addition to the other punishment awarded to him, be once, twice, or thrice privately whipped, subject to the following provisions:

(i.) In the case of an offender whose age does not exceed sixteen years, the number of strokes at each such whipping must not exceed twenty-five, and the instrument used must be a birch rod.

(ii.) In the case of any other male offender, the number of strokes must not exceed fifty at each such whipping.

(iii.) In each case the Court in its sentence must specify the number of strokes to be inflicted and the instrument to be used.

(iv.) Such whipping must in no case take place after the expiration of six months from the passing of the sentence.

(v.) Every such whipping to be inflicted on a person sentenced to penal servitude must be inflicted on him before he is removed to a convict prison, with a view to undergoing the sentence of penal servitude.

ARTICLE 13.

FINE.

2 The punishment of fining consists in ordering the offender to pay to her Majesty a sum of money expressed in the sentence. When no particular sum is limited as the maximum amount of a fine, the fine imposed must not be excessive.

1 26 & 27 Vict. c. 44, s. 1.

1 W. & M. sess. 2, c. 2. See also Magna Charta, Salvo contenemento suo.'