No. XVII. artrics for aid to royal burghs towards improving enlarging and rebuilding their gaols. 59 Geo. III. c. 61. XV. And be it enacted, That every proprietor of an entailed estate who shall pay assessments under this Act shall be a creditor to the succeeding heirs of entail in the manner after mentioned for three-fourth parts of the money so to be paid. Heirs of Entail Mode of Recovery of XVI. And be it enacted, That the person or persons having right to the claim arising from money so to be paid as aforesaid by the proprietor of an entailed estate in discharge of assessments under this Act, may after Assessment, in the expiration of one year from the death of such proprietor require the Three-fourths Cases of En tailed Estates. heirs succeeding to such estate to repay the said three-fourth parts of the said money so paid with the legal interest thereof from the term at which the said succeeding heir's right to the rents of the estate shall commence, upon receiving a proper assignment and conveyance of the said claim: and if the money so due be not paid within three months after such requisition, it shall be lawful for the person or persons having right thereto to sue the said heirs in the manner directed for the recovery of money expended in the improvements of entailed estates by an Act passed in the 10 G. 3. c. 51. tenth year of the reign of his present Majesty, intituled An Act to encourage the Improvement of Lands Tenements and Hereditaments in that Part of Great Britain called Scotland, held under the Settlements of strict Entail. Rules of Relief among Heirs of Entail. Commissioners of Supply may borrow Money. Committee of Superintendance may be appointed. Power and Re sponsibility of Magistrates to continue as be fore. XVII. And be it enacted, That the same rules of relief among succeeding heirs of entail and their heirs and their successors of the claims for debt and of preference in competition of rents and in subjecting defenders to the payment of costs shall take place with regard to monies expended by the proprietors of entailed estates in payment of assessments under this Act as are enacted by the said Act passed in the tenth year of the reign of his present Majesty with respect to monies expended by proprietors of entailed estates in making improvements upon their estates for increasing the rents and value thereof. XVIII. And be it enacted, That such commissioners of supply shall have power and they are hereby authorized and empowered to borrow and take up at interest, on the security of the assessment hereby authorized to be levied, such sum or sums of money as they shall judge requisite for defraying the share or proportion of the expence of improving enlarging or rebuilding any gaol towards the expence of which they may think fit to contribute; or for improving enlarging or rebuilding such common gaol of the county or stewartry as the case may be; provided that the whole amount of the money so borrowed shall not exceed such sum as they shall have so resolved to contribute; and it shall be lawful for such commissioners of supply and they are hereby empowered to assign or make over the whole or any part of the assessment hereby authorized to be made to any person or persons willing to lend money on the security thereof at a rate not exceeding five pounds sterling per centum per annum ; and every such assignment shall be made and executed by the clerk of supply, being specially authorized to do so at a general meeting of the conmissioners of supply, and shall be entered in a book or books to be kept by him for that purpose, which book or books may be seen and perused by any person or persons interested therein without fee or reward; and all such assignments so executed shall be transferrable by indorsement duly subscribed by the party transferring in the presence of one or more subscribing witness or witnesses. XIX. And be it enacted, That it shall and may be lawful for such commissioners of supply to appoint a committee of their number to superintend the execution of any work to which they may so contribute or which they may so resolve to execute (as the case may be) and the proper application of the money contributed for that purpose. XX. And be it enacted, That when the gaol of any royal burgh, to the improving enlarging or rebuilding of which aid shall have been afforded under this Act shall have been completed, and with any yards, courts, outoffices, or conveniences therein shall be used for confining debtors, felons, vagrants, and other delinquents, the magistrates and town council of the burgh wherein the same shall be situated and the gaoler or keeper gaolers or keepers of such gaol shall be respectively answerable, to all intents and purposes whatsoever, for the safe custody of all such persons as shall from time to time be committed to his or their custody in such gaol in the like manner as any magistrates and town council and the gaolers employed by them now are by law liable; and such magistrates and council shall have the same power over such gaol and the gaolers and keepers thereof and the debtors, felons, vagrants, and other delinquents who shall be confined therein as they had in the gaol before the same shall have been improved enlarged or rebuilt; and such magistrates and town council, so soon as any such gaol so improved enlarged or rebuilt shall be delivered over to them, shall be bound and obliged to keep and maintain the same in good and sufficient repair from the funds of the burgh in all time coming. No. XVII. 59 Geo. IV. c. 61. XXI. And be it further enacted, That if it shall be found necessary Prisoners may for the purpose of improving enlarging or rebuilding any gaol of any royal be removed burgh now existing that the prisoners therein should be removed during while Gaol is the period of such improvement enlargement or rebuilding, it shall be repairing. lawful for the magistrates of the burgh within which such gaol is situated to remove such prisoner or prisoners to any secure place of confinement within the said burgh or to any other gaol within the said county or stewartry, until such improvement enlargement or rebuilding shall be completed; and it shall be lawful for all persons legally authorized to commit other debtors felons and delinquents to commit them to the same; and when any such improved enlarged or new gaol shall be fit for the reception of prisoners, it shall be lawful for the magistrates and town council of the burgh in which such improved enlarged or new gaol shall be situated, and the keeper or keepers of such gaol to remove thereto all such debtors felons and other prisoners as shall then be confined in such other secure place of confinement; and such removal or removals and the airings or exercising of the prisoners who shall be confined in the improved enlarged or new gaol in any yards, courts, out-offices, or conveniences thereunto belonging shall not be deemed or taken to be an escape or escapes: Provided always that the magistrates of such burghs shall continue to be responsible for the safe custody of all such debtors felons and other prisoners during their removal to or confinement in such other secure place of confinement. XXII. And be it enacted, That if it shall be found necessary for the improving enlarging or rebuilding any common gaol within any county or stewartry, not being the gaol of a royal burgh, that the prisoners therein should be removed during the period of such improvement enlargement or rebuilding, it shall be lawful for the justices of the peace for such county or stewartry in general sessions assembled to direct the removal of such prisoners and for all persons legally authorized to commit other debtors felons and delinquents to any secure place of confinement within such county or stewartry until such improvement enlargement or rebuilding shall be completed; and when any such improved enlarged or new gaol shall be fit for the reception of prisoners, it shall be lawful for such justices so assembled as aforesaid to direct the removal thereto of all such debtors felons or other prisoners as shall then be confined in such secure place of confinement and should by law be confined in such common gaol of the county or stewartry; and such removal and removals and the airings and exercisings of the prisoners who shall be confined in such improved enlarged or new gaol in any yards, courts, outoffices, or conveniences thereto belonging, shall not be deemed or taken to be an escape or escapes; and the legal responsibility for the safe custody of all persons committed to such gaol and the burthen and obligation to keep and maintain the same in good condition shall after such improvement enlargement or rebuilding be no ways altered thereby or by any thing in this Act contained. Prisoners may be removed while Gaols are repairing, in Cases where the same are not in Royal Burghs. XXIII. And be in enacted, That if any person or persons shall think Appeal against himself herself or themselves aggrieved by any assessments imposed by Assessment. virtue of this Act, it shall and may be lawful for such person or persons XXIV. And be it further enacted, That no action or suit shall be com- XXV. And be it further enacted, That this Act shall be deemed and taken to be a public Act and shall be judicially taken notice of as such by all judges justices and others without being specially pleaded. [No. XVIII.] 59 Geo. III. c. 100.-An Act to amend an ) the last day of such assizes or presenting term; or in case any chaplain nominated and appointed by such grand jury shall not within one calendar month next after such nomination actually take upon him to exercise and perform or shall not continue duly and regularly to exercise and perform the duty to and for which he shall be so appointed by such grand jury; then and in every such case it shall and may be lawful to and for the lord lieutenant or other chief governor or governors of Ireland for the time being to appoint a proper and discreet person, being either a minister of the established church or a Protestant dissenting minister or a priest or clergyman of the Roman Catholic church as the case shall require, to fill the office or offices of such chaplain or Protestant dissenting chaplain or Roman Catholic chaplain to such gaol, bridewell, house of correction, or other prison or prisons; and that all and every such chaplain and chaplains so appointed by such lord lieutenant or other chief governor or governors shall hold and exercise the office or offices of chaplain or Protestant dissenting chaplain or Roman Catholic chaplain or any or either of them as fully and effectually in all respects and to all intents and purposes and with all the same rights, powers, privileges, and advantages and subject to the same controul and liability of removal as if such chaplain or chaplains respectively had been appointed to such office or offices by the grand jury according to the direction of the said recited Act, and shall be entitled to such salaries to be presented by grand juries to such amount and in such manner as is directed by the said recited Act; any thing in the said recited Act or any other Act or Acts or any law usage or custom to the contrary notwithstanding. [No. XIX.] 4 Geo. IV. c. 64.-An Act for consolidating and amending the Laws relating to the building repairing and regulating of certain Gaols and Houses of Correction in England and Wales.-[10th July 1823.] WHEREAS the laws now existing relative to the building repairing : No. XIX. 4 Geo. IV. c. 64. and regulating of gaols and houses of correction, in England and Wales, are complicated, and have in many cases been found ineffective And whereas it is expedient that such measures should be adopted, and such arrangements made in prisons, as shall not only provide for the safe custody, but shall also tend more effectually to preserve the health and to improve the morals of the prisoners confined therein, and-shall insure the proper measure of punishment to convicted offenders: And whereas due classification, inspection, regular labour and employment, and religious and moral instruction, are essential to the discipline of a prison, and to the reformation of offenders: And whereas the present laws directing the separation, superintendence, employment, and instruction of prisoners, require to be amended and enlarged, and to be more uniformly and strictly carried into effect; and it is therefore expedient that the most useful provisions contained in the several Statutes and Acts, and parts of Statutes and Acts herein-after mentioned, should be consolidated, and that some new provisions should be added thereto: Be it therefore enacted by the King'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 from and after the commencement of this Act, the several Statutes and Acts, and parts of Statutes and Acts following, shall be repealed, so far as relates to such gaols or prisons, or houses of correction, as this Act shall extend to; (that is to say), so much of a Statute passed in the first year of the reign of King Edward the Third, as relates to inquiry to be made of gaolers, which by duress compel prisoners to appeal; and also, so much of a Statute passed in the fourth year of the reign of the said King Edward the Third, as relates to sheriffs and gaolers receiving offenders without taking any thing; and also, so much of a Statute passed in the fourteenth year of the reign of the said King Edward the Third, as relates to the punish- 14 E. 3. st. 1. ment of a gaoler compelling a prisoner by duress to become an approver; c. 10. Recited Acts in Part or in Whole, so far as relates to Prisons to which this Act shall extend, re pealed. 1 E. 3. st. 1. c. 7. 4 E. 3. c. 10. No. XIX. 4 Geo. IV. c. 64. 7 J. 1. c. 4. 19 C. 2. c. 4. 22 & 23 C. 2. c. 20. 11 & 12 W. 3. c. 19. (although made perpetual by 6 G. 1. c. 19.) 2 G. 2. c. 22. 14 G. 2. c. 33. 16 G. 2. c. 31. 17 G. 2. c. 5. 24 G. 2. c. 40. 32 G. 2. c. 28. 13 G. 3. c. 58. and also, so much of an Act passed in the seventh year of the reign of King James the First, intituled An Act for the due Execution of divers Laws and Statutes heretofore made against Rogues, Vagabonds, and sturdy Beggars, and other lewd and idle Persons, as relates to the providing houses of correction, to the appointment authority and allowance of the governor, and to his accounting to justices for persons committed to his custody; and also, so much of an Act passed in the nineteenth year of the reign of King Charles the Second, intituled An Act for the Relief of poor Prisoners, and setting them to work, as relates to the providing stocks for setting such prisoners to work, and to the removal of prisoners on occasion of sickness; and also, so much of an Act passed in the twenty-second and twenty-third years of the reign of the said King Charles the Second, inituled An Act for the Relief and Release of poor distressed Prisoners for Debt, as relates to prisoners being allowed to send for victuals and other necessaries, and to fees and charities, and to the separation of felons and debtors; and also an Act passed in the eleventh and twelfth years of the reign of King William the Third, intituled An Act to enable Justices of Peace to build and Repair Gaols in their respective Counties; any thing in an Act made in the sixth year of the reign of King George the First, for making perpetual any Act or Acts relating to the building and repairing of county gaols, to the contrary in anywise notwithstanding; and also, so much of an Act passed in the second year of the reign of King George the Second, intituled An Act for the Relief of Debtors, with respect to the Imprisonment of their Persons, as relates to prisoners being allowed by keepers of prisons and gaols to send for victuals and other necessaries, and to the taking of fees, and the making and hanging up tables thereof, and to inquiries concerning the same, and to the hearing of complaints of extortion against gaolers, and examining into gifts and legacies for the benefit of poor prisoners, and hanging up tables thereof; and also, so much of an Act passed in the fourteenth year of the reign of the said King George the Second, intituled An Act to supply some Defects in the Laws for repairing and rebuilding County Bridges, for repairing, enlarging, erecting, and providing Houses of Correction, and for passing Rogues and Vagabonds, as relates to repairing enlarging and building houses of correction, and to buying houses and lands for that purpose; and also, so much of an Act passed in the sixteenth year of the reign of the said King George the Second, intituled An Act for the further Punishment of Persons who shall aid or assist Prisoners to attempt to escape out of lawful Custody, as relates to the escape of prisoners from any gaol or prison to which this Act shall extend; and also, so much of an Act passed in the seventeenth year of the reign of the said King George the Second, intituled An Act to amend and make more effectual the Laws relating to Rogues Vagabonds and other idle and disorderly Persons, and to Houses of Correction, as relates to the erecting enlarging and managing of Houses of Correction, and the finding or turning out of masters of them for misbehaviour; and also, so much of an Act passed in the twenty-fourth year of the reign of the said King George the Second (made among other things for granting an additional duty upon spirituous liquors, and upon licences for retailing the same, and for repealing an Act of the twentieth year of King George the First, made among other things for more effectually restraining the retailing of distilled spirituous liquors), as relates to the retailing of spirituous liquors in gaols prisons or houses of correction, to the carrying of liquors into the same, to the search for such liquors, and to the hanging up of a copy of certain clauses of the said Act in such gaols prisons or houses; and also, so much of an Act passed in the thirty-second year of the reign of the said King George the Second, for relief of debtors, with respect to the imprisonment of their persons, as relates to prisoners being allowed to send for victuals and other necessaries, and to the settling, signing, reviewing, inrolling, and banging up of tables of fees rates and benefactions, and rules for the government of gaols and prisons; and also, an Act passed in the thirteenth year of the reign of his late Majesty King George the Third, intituled An Act for providing Clergymen to officiate in Gaols within that Part of Great Britain called England; and also, an Act |