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Sect. 4. of
7 G. 4. c. 74.

and Sect. 1. of

Prisons (Ireland).

Gaol, Bridewell, or House of Correction, or the Prisoners therein, or any Matter relating to such Marshalsea, Prison, or Prisoners, shall be transferred to and vested in and exercised and performed by the Lord Lieutenant as fully and effectually to all Intents and Purposes as if the said Lord Lieutenant had been named in the said recited Acts instead of the said Court of Queen's Bench or the Judges thereof, or any One or more of them; and all the Provisions of the said recited Acts or any of them directing any Function or Duty to be exercised or performed by, or any Matter or Thing to be done by or with the Approbation of the said Court of Queen's Bench in Ireland or the Judges thereof, cr any One or more of them, in relation to or concerning the said Marshalsea or any such County Prison as aforesaid, or the Prisoners therein, shall, from and after the passing of this Act, be deemed and taken to apply and extend to the said Lord Lieutenant, instead of the said Court of Queen's Bench or the Judges thereof, or any One or more of them; and the said Lord Lieutenant shall thenceforward have, exercise, and perform all the same Powers, Rights, Authority, and Jurisdiction in respect of the said Marshalsea or any such Prison or Prisoners, or any Matter relating to the same, as might have been exercised or performed under the said recited Acts or any of them by the said Court of Queen's Bench or the Judges thereof, or any One or more of them, in case this Act had not been passed: Provided, that nothing in this Section contained shall be construed to limit or affect the Duties or Powers of the said Court of Queen's Bench, and all and every Judge and Judges of Assize and General Gaol Delivery in Ireland, under Sections One hundred and thirty-one, One hundred and thirty-two, One hundred and thirty-three, and One hundred and thirty-four of the Prisons Act; and provided further, that the Judges of Her Majesty's Court of Queen's Bench, Common Pleas, and Exchequer, or of Her Majesty's High Court of Chancery or Admiralty, and the Commissioners of the Court of Bankruptcy, and the Commissioners of the Court for Relief of Insolvent Debtors in Ireland, shall have and exercise the same Powers with respect to ordering the Marshal of the Four Courts Marshalsea to take into Custody any Person committed by them respectively, or to bring before them respectively any Prisoner in his Custody, which the said Judges now have with respect to the Marshal of the said Four Courts Marshalsea.

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IV. Whereas by the Fourth Section of the Prisons Act and by the First Section of the said recited Act of the Third and Fourth Years of Her Majesty, Chapter Forty-four, Provision is 3 & 4 Vict. c. 44. made for the Enactment of Byelaws for Prisons, and it is repealed. expedient to amend the same: The Fourth Section of the Prisons Act and the First Section of the said Act of the Third and Fourth Years of Her Majesty, Chapter Forty-four, shall from Board of Su- and after the passing of this Act be repealed, save as to anything perintendence, heretofore done under the same; and it shall be lawful for the with Approval Board of Superintendence of any Prison from Time to Time to of Grand Jury and Lord Lieu. alter, amend, or repeal the existing Byelaws, and to make new tenant, to make Byelaws for any such Prison under their Superintendence, or the Byelaws.

Prisoners

Prisons (Ireland).

Prisoners therein confined, and from Time to Time to repeal, alter, or add to such Byelaws, and to make others, and the same, when approved of by a Grand Jury of the County, or in the Case of a Borough having Jurisdiction over the Prisons of such Borough by the Council thereof, shall be submitted to the Lord Lieutenant, and it shall be lawful for the Lord Lieutenant, if he shall so think fit, to alter such Byelaws, or to make Byelaws additional thereto, and to certify under the Hand of the Chief or Under Secretary for Ireland that such Byelaws as submitted to him, or altered or added to, are proper to be enforced, and said Byelaws, when so approved and certified, shall be printed and posted in the Prison, and obeyed as the Standing Regulations of such Prison; and in In case the case the Board of Superintendence shall refuse or neglect, for the Board of SuSpace of Three Calendar Months after being required so to do by perintendence the Inspectors General of Prisons, to make such Byelaws as afore shall neglect to make Byelaws, said, or any such Byelaws as to the Lord Lieutenant may appear Lord Lieunecessary or expedient for any Prison under their Superintendence tenant may or the Prisoners therein, then and in such Case it shall be lawful make them. for the Lord Lieutenant, by Writing under the Hand of the Chief or Under Secretary for Ireland for the Time being, to make such Byelaws, and from Time to Time to repeal, alter, or add to such Byelaws, and to make others, and to declare that the said Byelaws shall be in addition to or in substitution for any Byelaws thereto. fore in force in any such Prison, or any Part of such Byelaws; and the said Byelaws so to be made by the Lord Lieutenant shall be printed and posted in the Prison, and shall be obeyed as the Standing Regulations of such Prison, either in addition to or in substitution for the existing Byelaws of such Prison, as the Lord Lieutenant shall in that Behalf declare, and shall be of the same Force and Effect to all Intents and Purposes as if they had been originally made by the Board of Superintendence of the County, and approved of by the Grand Jury of the County; and it shall be lawful in such Byelaws to provide for the Classification of Prisoners of each Sex in any Prison, or for the individual Separation of all or any of the Prisoners confined therein, with due Regard to their proper Supervision, religious and moral Instruction, and Employment; and it shall be the Duty of the Local Local Inspector Inspector of every Prison to see that the Byelaws and Rules for to see that Byethe Time being in force in such Prison shall be observed and laws are obcarried into effect, and no Magistrate shall have Authority to alter or add to the same, or in any Manner, save as in this Act provided, to interfere with the Discipline of the Prison: Provided always, that any such Byelaws so to be made by the Board of Superintendence of any such joint Prison as is in this Act mentioned shall not require to be approved of by any Grand Jury, or by the Council of any Borough.

V. In case of any Fire or other sudden Accident happening in or to any County Prison, Gaol, Bridewell, or House of Correction in the Fourteenth Section of the Prisons Act mentioned, or any Part thereof respectively, the Board of Superintendence of such Prison shall, as soon thereafter as conveniently may be, forward a Report of such Fire or sudden Accident to One of the Inspectors General 19 & 20 VICT.

of

served.

Board of Superintendence to report Fire, &c. to Inspectors General.

Prisons (Ireland).

Report of Completion of Works to be forwarded to Inspectors General.

Form of

of Prisons in Ireland; and whensoever any such Building or other Work as is mentioned in the Forty-third Section of the Prisons Act shall be completed or finished, the Commissioners in the same Section mentioned shall, so soon thereafter as conveniently may be, forward a Report of the Completion of such Work to the said Inspectors General of Prisons; and the annual Return of the annual Returns, State of every Gaol, Bridewell, House of Correction, or other County Prison, which the Gaoler of the same is, by the Fiftyseventh Section of the Prisons Act, directed to transmit to One of the said Inspectors General of Prisons, shall be in the Form in the same Section mentioned, or in such other Form as the Lord Lieutenant shall from Time to Time in that Behalf direct.

&c.

Number of

VI. The Number of Commissioners to be appointed by the Commissioners Lord Lieutenant under the Fifty-second Section of the Prisons reduced. Act shall be reduced from the Number of not less than Six nor more than Twelve to not less than Three nor more than Six.

Prisons may be lighted with

Gas.

Sects. 20. and

pealed.

As to building,

rebuilding,

sons.

VII. It shall be lawful for the Grand Jury of any County, if they shall so think proper, to cause any Prison within their County, or any Rooms or Parts of any such Prison, to be lighted with Gas, or warmed and aired or ventilated by means of Stoves or artificial Heat, or other artificial Means, and to make and enter into any Contract for such Purposes with any Person or Company, and at any Assizes or Presenting Term to present, to be raised off their County, such Sum or Sums of Money as shall be required for the Construction or laying down of the Pipes or Tubes or other Apparatus necessary for such Purposes, or either of them, and also from Time to Time to present, to be raised off their County, such Sum or Sums of Money as shall be necessary for the Maintenance or Repair of such Pipes, Tubes, or other Apparatus, or for procuring such Gas or artificial Heat.

VIII. The Twentieth and Twenty-first Sections of the Prisons 21. of the Pri- Act shall, from and after the passing of this Act, be repealed, sons Act reexcept as to anything heretofore done under the same; and before any Grand Jury of a County, or any Commissioners appointed by them, shall commence to build or rebuild, or to alter altering, and or enlarge any Gaol, Bridewell, House of Correction, or other enlarging Pri-County Prison, they shall transmit to the Lord Lieutenant the Plan and Specification of such proposed Building, Alteration, or Enlargement, or a Copy or Facsimile of such Plan and Specification (the same having been previously approved of by the Grand Jury), together with the Report thereon of the Inspectors General of Prisons, or One of them, and such other Reports or Certificates as the said Lord Lieutenant shall require and direct; and notwithstanding anything in the Prisons Act or this Act contained, it shall not be lawful for any Grand Jury, or any Commissioners appointed by them, to commence any such building, rebuilding, Alteration, or Enlargement, unless and until the Plan and Specification of the same shall be agreed to and approved of by the Lord Lieutenant; and it shall and may be lawful for the Commissioners appointed by the Grand Jury, and they are hereby authorized and empowered to enter into Contracts for the Execution of any such Work as in the Prisons Act or this Act is authorized

to

Prisons (Ireland).

to be executed, after the Plan or Specification thereof shall have been approved, as herein directed, first by the Grand Jury and then by the Lord Lieutenant, and every such Contract shall be made at the most reasonable Price which shall be proposed by such Contractor as shall be deemed by the said Commissioners appointed by the Grand Jury the most responsible and proper Person to execute such Contract, and every such Contract shall be entered by the Clerk to the said Commissioners in a Book to be kept by the said Commissioners, which Book, when such Works are completed, shall, by the said Clerk to the said Commissioners, be delivered to the Clerk of the Peace of the County for the Time being, who is hereby required thenceforward to keep the same among the Records of the said County.

in which Cri

minal Sessions are held.

IX. The Ninety-first Section of the Prisons Act shall, from Sect. 91. of and after the passing of this Act, be repealed, except as to Prisons Act reanything heretofore done under the same; and it shall be lawful pealed. for each and every Grand Jury in Ireland, and they are hereby Bridewells to be respectively required, from Time to Time hereafter, to make Pre- built in Towns sentments for building One Bridewell of competent Size in each and every Town within their respective Counties which is or from Time to Time hereafter shall be duly appointed for holding Quarter Sessions for the Transaction of Criminal Business. X. So much of the Sixty-fifth Section of the Prisons Act as provides that the Local Inspector shall be removable by the Grand Jury, with the Approbation of the next going Judge of Assize, and the whole of the Seventy-fifth Section of the said Act, are hereby repealed: Provided, that such Repeal of the said Seventy-fifth Section shall not be construed to prevent any Person holding the Offices of Local Inspector and Chaplain at the passing of this Act from continuing to hold the same Offices for such Time and in such and the same Manner as if this Act had not been passed: Provided also, that no Clergyman or ecclesiastical No Ecclesiastic Person of any religious Persuasion shall be hereafter appointed to be appointed to the Office of Local Inspector. Local Inspector.

Sect. 65. of Prisons Act partly, and

Sect. 75. wholly, repealed.

Chaplain may, in certain Cases, appoint Sub

stitute.

XI. It shall be lawful for any Chaplain of any County Prison, in the Case of his Sickness or unavoidable Absence, to appoint a Clergyman of his own religious Persuasion, who shall have been approved of by the Board of Superintendence of the County Gaol, to be his Substitute for the Occasion, and the Name and Residence of such Substitute shall be specified in the Chaplain's Journal; and every Chaplain, and every such Substitute as afore- Chaplain, &c. said, shall communicate from Time to Time to the Board of to report AbuSuperintendence of the County Gaol any Abuse or Impropriety ses and keep a which shall have come to his Knowledge; and the Journal kept by such Chaplain shall be kept in the Prison, and shall regularly be laid before the Board of Superintendence at every Meeting of such Board, and shall be signed by the Chairman of such Board in Proof of the same having been there produced.

XII. In addition to the Articles authorized or required, under Powerto Grand the Seventy-sixth Section of the Prisons Act, to be presented and Juries to preprovided for Prisoners confined in any Gaol, Bridewell, House of sent for and provide Cots,

Z 2

Correction,

Prisons (Ireland).

Prisoners.

&c. for Use of Correction, or other County Prison, the respective Grand Juries at the Assizes or Presenting Terms, and in the Case of the City of Dublin the Council of the Borough of Dublin, are hereby authorized, if they shall think fit, to present for and provide Cots and Hammocks for the use of such Prisoners, and the same shall in such Case be presented, paid for, and supplied in the like Way as the Articles in the said Section of the said Act mentioned; Sheets allowed and in addition to the Bedding to be allowed to poor Prisoners mentioned in the Seventy-eighth Section of the said Act, One Pair of Sheets shall be allowed to each Bed.

to each Bed.

Prison Dresses

shall be worn

unless Board of Superintendence shall otherwise, by special Order, direct.

XIII. The Prison Dresses in the Seventy-eighth Section of the Prisons Act mentioned shall be worn by all Prisoners (whether by all Prisoners of Ability to maintain themselves or not) who shall be sentenced to undergo any Term of Imprisonment exceeding One Month, unless the Board of Superintendence of the Prison wherein such Prisoners shall be confined shall, by a special Order in Writing entered on the Minutes of their Proceedings, and signed by a Majority of the Members of the said Board present at a Meeting thereof duly convened for the Purpose, otherwise direct: Provided nevertheless, that in all such Cases as last aforesaid, the Board shall enter upon their Minutes the special Circumstances under which such Order shall have been made, and shall forthwith furnish to the Inspectors General of Prisons a Statement or Report of such Circumstances, and of the Offence for which the Person respecting whom such Order shall have been given was sentenced, and of the Date and Particulars of such Sentence; and provided further, that if, upon any such Statement or Report being transmitted to the Lord Lieutenant by the Inspectors General of Prisons, it shall appear to the Lord Lieutenant that the special Order therein mentioned of the Board of Superintendence was not required or justified by the Circumstances in the said Statement or Report set forth, it shall be lawful for the Lord Lieutenant, if he shall think proper so to do, by Order in Writing (under the Hand of the Chief or Under Secretary for Ireland for the Time being), to rescind any such special Order of the Board of Superintendence, and to direct that the Prison Dresses in the said Seventy-eighth Section of the Prisons Act mentioned shall be worn by the Prisoner or Prisoners, or any of them, in the said special Order mentioned.

Power to Lord
Lieutenant to

rescind special
Order of Board.

Power to Go

fine Prisoner

with a Class different from his own.

XIV. It shall be lawful for the Governor of any County vernor to con- Prison, if he shall at any Time deem it improper or inexpedient to allow any Prisoner to associate with the other Prisoners of the Class to which he or she may belong, to confine such Prisoner with any other Class or Description of Prisoner, or in any other Part of the Prison, until he shall receive the Directions of the Board of Superintendence in respect to such Prisoner, and in every Case in which he shall so confine or separate any Prisoner, he shall apply with as little Delay as possible to the Board of Superintendence for Directions in respect of such Prisoner, and the said Board shall in every such Instance ascertain whether the Reasons assigned by the Governor warrant such a Deviation from the established Rules, and shall give such Orders as they

shall,

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