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No. XXI.

5 Geo. IV. c. 85.

SCHEDULE (B.)

The King's Arms.

A.

Certificate Route and Description of discharged Prisoners, under the 5th George IV.

CERTIFICATE.

WHEREAS by the Act of Parliament of the fifth George Fourth, сар. prisoners discharged from prison may, upon application to the visiting justices of such prison, become entitled to certain allowances from the overseers of the poor of any place through which they may pass on their way to the places of their settlement, under authority of a route and certificate of two such visiting magistrates: And whereas

corresponding in appearance and the account he [or she] gives of himself [or herself] to the description after mentioned, has come before us, two of the visiting justices of the county gaol [or house of correction] at

and is deemed by us to be a fit object to receive the regulated allowances under the said Act; this is to certify the same, and to require the overseers of the poor of the places mentioned in the route, to issue to the said discharged prisoner the allowance specified in the said route, as required by the said Act of Parliament: Provided that the discharged prisoner produces the said route himself [or herself] and that the description corresponds with his [or her] appearance, and agrees with the account he [or she] gives of himself [or herself] and the number of children he [or she] has with him [or her]. Given under our hands and seals, this

This pass to be in force for

day of

Seal and Signature of the Magistrate.

days from the date hereof.

N. B. To prevent frauds, all parish officers are not to give the allowances granted by the aforesaid Act under the authority of any other form of pass than this, which is prescribed in the schedule of the Act of Parliament aforesaid.

Route for
to

Names of Places through which the discharged Prisoner is to travel.

B.
Rate per Mile
for the
discharged
Prisoner and
Children, if any.

[blocks in formation]
[blocks in formation]

Schedule (B.)-continued.

Directions for filling up these Passes:

The magistrate is to fill up the description, and to insert in the column marked A. the names of the places through which the discharged prisoner is to travel; and in the column marked B. (in words) the allowance per mile which he (or she) is to receive; and also to write the number of children in words, in the proper column in the third page; and when there are no children, to strike out that part of the form. In case of any mistake, the magistrate should make the necessary alteration with a pen, and write his name opposite thereto.

The overseer of the poor will insert in the column marked C. the distance of the place to which he advances the allowance; in that marked D. the sum he gives the discharged prisoner; and in that marked E. will sign his own name, specifying the parish for which he acts. He is also to take before a magistrate any person that presents a pass in which there are alterations other than with the pen, as above directed.

Description of the discharged Prisoner.

No. XXI.

5 Geo. IV.

c. 85.

[graphic]

Memorandum for the Guidance of the Overseers of the Poor, Treasurers of Counties, and Keepers of Prisons.

Each overseer is to take a receipt from the discharged prisoner, signed with his (or her) name or mark, and he is to be reimbursed the money paid, by the treasurer of the county in which he serves the office of overseer, on giving him a receipt for the same, together with the discharged prisoner's receipt. The overseer who makes the last advance to carry the discharged prisoner to his place of residence, is to send the certificate route and pass to the keeper of the prison from which the prisoner was discharged; and the said keeper shall make and sign a declaration in the form herein next after annexed; which said declaration shall be attested by one visiting justice of the said prison.

Declaration of the Keeper of the Prison.

keeper of the county gaol [or keeper of the house of
in the county of

I correction or prison] at
do declare that this pass hath come to me without cover [or in a cover
open at the sides], and without any paper or thing inclosed therein, and
without any writing other than the matter of such pass, and than the
superscription upon the same or upon the cover thereof.

(Signed) A. B.

one of the visiting justices of the said prison do attest, I that after due examination I do believe the aforesaid declaration to be

true.

Dated this

day of

C. D.

No. XXIII.

7 Geo. IV. [No. XXII.] 7 Geo. IV. c. 18.-An Act to authorize the Disposal of unnecessary Prisons in England.-[11th April 1826.]

c. 74.

Certain Acts relating to Pri

sons in Ireland repealed; viz. 50 G. 3. c. 103.

[No. XXIII.] 7 Geo. IV. c. 74.-An Act for consolidating and amending the Laws relating to Prisons in Ireland.-[31st May 1826.]

WHEREAS an Act made in the fiftieth year of the reign of his late Majesty, intituled An Act for repealing the several Laws relating to Prisons in Ireland, and for re-enacting such of the Provisions thereof as have been found useful, with amendments, and the several Acts for amending the same, have not proved sufficient for the purposes required; and it is expedient that the said Acts should be repealed, and that the regulations therein contained should be consolidated and amended: 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 said recited Act of the fiftieth year of his said late Majesty's reign shall be repealed; and that the several Acts herein-after mentioned shall also be repealed; that is to say, an Act made in the fifty-fifth year of his said late Majesty's reign, intituled An Act to amend an Act of the Fiftieth Year of His present Majesty's Reign, relating to Prisons in Ireland, so far as concerns Contracts 57 G. 3. c. 71. for building or repairing such Prisons; an Act made in the fifty-seventh year of his said late Majesty's reign, for amending the said recited Act of the fiftieth year of his said late Majesty's reign; so much of an Act passed in the fifty-ninth year of his said late Majesty's reign, intituled An Act to amend the Laws for repairing and improving the Roads and other public Works in Ireland by Grand Jury Presentments, and for a more effectual Investigation of such Presentments, and for further securing a true full and faithful Account of all the Monies levied under the same, as in any way relates to gaols, bridewells, workhouses, houses of correction, or other prisons, so far only as the said Act or any of the provisions therein contained are contrary to this Act; another Act made in the fifty-ninth year 59 G. 3. c. 100. of his said late Majesty's reign, intituled An Act to amend an Act of the

55 G. 3. c. 92.

$9 G. 3. c. 84.

3 G. 4. c. 64.

except as they repeal former Acts, and except as to all Matters done

Fiftieth Year of the Reign of His present Majesty, relating to Prisons in Ireland; and an Act made in the third year of the reign of his present Majesty, intituled An Act to amend the Laws relating to Prisons in Ireland; and the said several Acts and parts of Acts are hereby declared to be repealed accordingly; except so far as the said recited Acts, or any of them, repeal any former Act or Acts of Parliament; and also except so far as relates to all acts matters and things acted and done under the said recited Acts hereby repealed, or any of them, at any time before the commencement of this Act, all which acts matters and things shall be and before the com- remain good valid and effectual to all intents and purposes whatsoever; and also except as to the recovery and application of any penalty for any offence which shall have been committed against any of the said Acts previous to the commencement of this Act.

mencement of his Act.

Grand Juries to

appoint a Board of Superintendence of the Gaols within the several Counties, &c., in Ireland.

II. And be it further enacted, That from and after the commencement of this Act it shall and may be lawful for the grand jury of any county county of a city or county of a town in Ireland, save and except the grand jury of the city of Dublin, and any and every such grand jury is and are hereby authorized empowered and required at each and every or any assizes or presenting term respectively, with the consent and approbation of the court or judge, to appoint not less than eight nor more than twelve persons, one half of whom at least shall be justices of the peace for the county county of a city or county of a town wherein such appointment shall take place, to be a board of superintendence of every gaol, bridewell, house of correction, or other prison within such county county of a city or county of a town respectively, and not being a prison of a dif

7 Geo. IV.

c. 74.

ferent county county of a city or county of a town; and that it shall and No. XXIII. may be lawful for the grand jury at any subsequent assizes or presenting term for any such county county of a city or county of a town, to appoint a new board of superintendence, or to remove any member or members of the existing board, or to appoint so many new members of any such existing board as they shall think proper, and as the case may require, but so as that there shall not at any time be more than twelve members of any such board; and any three or more of such board of superintendence, one of whom at least shall be a justice of the peace, shall be in all cases competent to do and perform any matter or thing whatsoever in execution of any duty required to be done and performed, or which might be lawfully done and performed by the whole board of superintendence, in virtue of any powers granted to them by this Act, or by any other Act in which there shall not be an express provision to the contrary; and every act done or performed by such three members of such board of superintendence, one of whom at least shall be a justice of the peace, shall be as valid and effectual, to all intents and purposes whatsoever, as if done by the whole board of superintendence; and it shall and may be lawful for the grand jury of every such county county of a city and county of a town, to make all presentments of money under this Act to such board of superintendence to be by them appropriated to the several purposes for which such monies are intended; and also, if they shall think proper so to do, to present in advance to such board any reasonable sun or sums which such grand jury shall deem necessary for any of the purposes for which presentments are or shall be allowed by this Act, or by any Act which shall at any time or times be in force in Ireland, relating to repairs accommodation or discipline of prisons, or of the particular prison or prisons in respect of which such advance may be desired; and every sum so presented in advance shall and may be afterwards applied or applicable, by and under the orders of such board of superintendence, to the purposes for which the same shall be so presented respectively, and shall be afterwards duly accounted for according to law.

III. And be it further enacted, That it shall and may be lawful for such board of superintendence to inquire concerning the due performance of the rules and regulations in and by this Act prescribed and required to be observed in prisons throughout Ireland; and also concerning the due performance of such other rules and regulations as may have been or may from time to time be made by or under the authority of his Majesty's Court of King's Bench in Ireland, or with the approbation of any one or more of the judges of the said Court of King's Bench, as herein-after mentioned; and also to examine into the state and repair of the buildings, the conduct and situation of the prisoners in every or any such gaol, bridewell, house of correction, or other prison respectively, and of all persons concerned in the government or management thereof, or holding any office or employment therein or relating thereto respectively; and such board of superintendence are hereby authorized and empowered to examine on oath any officer, or any other person or persons whomsoever, touching the conduct of any officer of any such prison, or of any prisoner therein, or touching or relating to the government and management of such prison, and the promotion of industry and order therein, and the classification and distribution of offenders and prisoners in any such prison; and if it shall appear to the said board, by evidence on oath or otherwise, that the persons concerned in the government or management of any such prison, or any of them, or any person holding any office or employment therein or relating thereto, have misbehaved therein, by any neglect or breach or non-observance of the rules and regulations, or any of them, to which they were respectively bound by law to conform, then it shall be lawful for such board of superintendence, and they are hereby authorized and empowered to make a report respecting such misbehaviour to the next going judge of assize, and to the grand jury at the next assizes.

Grand Jury
may make Pre-
sentments to
such Board.

The Board empowered to visit all Prisons, and

to examine

them, and the Conduct of the Officers, &c.

IV. And be it further enacted, That it shall and may be lawful for such The Board may make Bye Laws for Gaols, which, when approved by Grand Jury and a Judge of the King's Bench, shall be printed and become the Standing Regulations for such Gaols.

No. XXIII. 7 Geo. IV. c. 74.

Any Justice may visit the Prison, and report Abuses to the Board of Superinten

dence.

For providing distinct Apart

ments Yards

and other Accommodations for different Prisoners.

board of superintendence to make bye laws for each and every or any gaol or other prison under their superintendence, not inconsistent with the regulations contained in this Act; and that such bye laws, when approved by a succeeding grand jury, and by one or more of the judges of his Majesty's Court of King's Bench in Ireland, shall be printed and posted in the prison, and obeyed as standing regulations of such gaol or other prison; and it shall be the duty of the local inspector of every prison appointed under this Act, to see that such bye laws, and also all other regulations made by this Act, or by any competent authority under this Act, are carried into full force and effect, and that no magistrate shall have authority to alter or add to such bye laws or regulations, or in any manner to interfere with the discipline of the prison, and that the sheriff shall not interfere therein, further than may be necessary for the safe custody of the pri

soners.

V. Provided also, and be it enacted, That it shall be lawful for any justice of the peace for any county county of a city or county of a town in Ireland, at his own free will and pleasure, to enter into and examine any prison of such county county of a city or county of a town, at such time or times, and so often as he shall see fit, and if he shall discover any abuse or abuses therein, he is hereby required to report them in writing to the board of superintendence to be appointed under this Act; and when and so often as a report of any abuse or abuses in any such prison shall be made by any such justice of the peace, the abuse or abuses so reported shall be taken into immediate consideration by the board of superintendence as aforesaid, and they are hereby required to adopt the most effectual measures for inquiring into and rectifying such abuse or abuses so soon as the nature of the case will allow,

VI. And be it further enacted, That every gaol, bridewell, marshalsea, penitentiary house, house of correction, sheriff's prison and other prison, in Ireland, of what nature or kind soever the same shall be, shall consist at the least of two separate parts, one for male and one for female prisoners, with a complete division between them, so as to prevent any intercourse between the said male and female prisoners; and that to each of the said parts there shall be annexed and belong a yard, of sufficient dimensions to enable the said prisoners to have the benefit of fresh air and exercise therein; and that in every such yard there shall be a necessary house or privy, to which such prisoners respectively shall have free access at all times, so far as the same can be consistently with the safe keeping of such prisoners; and that there shall be in every such yard a supply of good water; and that in every such prison there shall be a common hall for males, and another for females; and that in every county gaol or house of correction the most effectual means shall be adopted for the security, classification, health, inspection, employment, and religious and moral instruction of the prisoners; the building shall be so constructed or applied, and the keepers' and officers' apartments so situated, as may best ensure the safety of the prison, and facilitate the controul and superintendence of those committed thereto; distinct wards and dry and airy cells shall be provided, in which prisoners of the several descriptions and classes herein after enumerated may be respectively confined; and it shall be considered as a primary and invariable rule, that the male prisoners shall in all cases be separated from the female, so as to prevent any communication between them; provision shall be made for the separation of prisoners into the following classes:-If a gaol, first, debtors and persons confined for contempt of court on civil process; secondly, prisoners convicted of felony; thirdly, those convicted on trial of misdemeanors; fourthly, those committed on charge or suspicion of felony; fifthly, those committed on charge of misdemeanors or for want of sureties :—If a house of correction, first, prisoners convicted of felony; secondly, prisoners convicted upon trial of misdemeanors; thirdly, those committed on charge or suspicion of felony; fourthly, those committed on charge of misdemeanors; fifthly, vagrants:-Places of confinement shall also be set apart in every gaol and house of correction for such prisoners as are intended to be examined as witnesses in behalf of the Crown in any prosecutions; and such

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