Prisons (Ireland). Prisoners respectively in any Place to which they shall be so one County to removed shall be paid and provided for by the County from another. which they shall respectively have been so removed, in like Manner as the same ought to have been paid or provided for before such Removal; and the Expenses of any such Removal under this Act, and of any Removal of Prisoners under the said recited Acts of the Tenth and Eleventh and Twelfth and Thirteenth Years of Her Majesty, and of any further Removal of Prisoners to their original Place of Custody, shall be charged and chargeable on the County from which they shall have been in the first instance so removed; and the said Act of the Fourteenth and Fifteenth Years of Her present Majesty shall extend to and include such Expenses, and in every Case where any such Expenses as aforesaid, or any such Expenses as are mentioned in the Fourth Section of the said last-mentioned Act, shall have been incurred by any Gaoler, Bridewell Keeper, or other Prison Officer when in charge of any such Prisoners, such Expenses shall in the first instance be paid as follows, that is to say, by the Governor when the said Expenses shall have been incurred by the Governor or any Officer of any Prison other than a Bridewell, and by the Local Inspector when the said Expenses shall have been incurred by the Keeper or other Officer of any Bridewell; and the said Expenses Such Expenses of such Governor, Keeper, or other Prison Officer shall not be not to be paid paid by the Inspector of Constabulary, anything in the said recited by Inspectors of Act of Fourteenth and Fifteenth Years of Her Majesty, Chapter Constabulary. Eighty-five, contained to the contrary notwithstanding; and the Local Inspector and Governor of the County Gaol shall from Time to Time lay before the Board of Superintendence of the said Gaol Accounts duly vouched of the Expenses so incurred, and the said Board of Superintendence are hereby empowered and required to examine such Accounts, and upon being satisfied of their Reasonableness and Accuracy, to pay the same out of any Funds under their Control. XXXVII. It shall be lawful for the Grand Jury of any Borough Counties and which shall be a County of a City or a County of a Town, or the Boroughs adCouncil of any such Borough where such Council shall have Juris- joining may enter into diction over the Prisons of such Borough, and whether or not the Agreements for said Grand Jury or Council may have agreed with the Grand providing a Jury of any County for the Maintenance by Contract of the Pri- joint Common soners of such Borough, to contract and agree, in manner and Gaol for County subject to the Provisions herein-after contained, with the Grand and Borough. Jury of any County immediately adjoining such Borough, for the Payment of any Sum or Sums of Money by either or both of the Parties to any such Agreement, towards altering, enlarging, building, rebuilding, repairing, or improving any Prison situated or to be situated within such County or Borough, to be thenceforth used as the joint Common Gaol for such County and Borough, and either in addition to or in substitution for the existing Prisons of such County or Borough, or either of them, and towards the Expense and Maintenance, clothing, safe Custody, and Punishment of the Persons committed thereunto, including their Committal and Conveyance to and from Prison, and all other Expenses Prisons (Ireland). Presentments may be made for Counties and Boroughs. Expenses of the said Prison, and to and in such joint Prison when the same shall be certified as is hereafter directed, may be removed, committed, and imprisoned all Criminals, Debtors, and other Persons who might theretofore have been lawfully committed to or imprisoned in the Common Gaol, House of Correction, or other Prison of the County or of the Borough which shall be a Party to any such Agreement. XXXVIII. All Monies to be paid under any Agreement authorized by this Act for building, rebuilding, repairing, or for joint Prisons enlarging any such joint Prison as aforesaid, shall be presented and raised in the same Manner and subject to the same Conditions as Monies to be presented and raised by the Grand Jury of any County, and by the Grand Jury or Council of any such Borough as aforesaid, for building, rebuilding, or enlarging any Gaol, Bridewell, House of Correction, or other Prison under their Management respectively; and all Monies to be paid towards the current annual Expenses of such joint Prison, and towards defraying all other Expenses incurred by the contracting Parties, or either of them, in carrying such Agreement into effect, shall be presented and raised in the same Manner in all respects and subject to the same Conditions as Money to be presented and raised by the Grand Jury of any such County, or by the Grand Jury or the Council of any such Borough as aforesaid respectively, for defraying the ordinary current Expenditure of the several Gaols. Committees may be appointed by Grand Juries to make Ar rangements for joint Prisons. Committees appointed shall form joint Coin mittees, and shall draw up Agreements. XXXIX. It shall be lawful for the Grand Jury of any such County and for the Grand Jury or Council of any such Borough at any Assizes, or in the Case of the Council of any such Borough at a Special Meeting to be convened for that Purpose, to take into consideration the Expediency of making any such Agreement as aforesaid, and in case such Grand Juries, or such other Grand Jury and Council, as the Case may be, shall resolve that it is expedient that such Agreement should be made, then for each such Grand Jury or Council to appoint not less than Three and not more than Five of the Members of such Grand Jury or Council, as the Case may be, to be a Committee on behalf of such Grand Jury or Council to negotiate and make such Agreement as aforesaid, and from Time to Time at the same or any subsequent Assizes, or in case of the Council at any subsequent Special Meeting to be convened for the Purpose, to fill up any Vacancy in the said Committee caused by Death, Resignation, or otherwise. XL. Each Committee so appointed shall be deemed to represent respectively the Grand Jury or Council by which it shall have been appointed, and the Committees so appointed shall form One joint Committee, and shall draw up an Agreement distinctly setting forth the Terms and Conditions upon which the said Grand Juries or Grand Jury and Council shall make any such Agreement as aforesaid; which Agreement when subscribed by a Majority of the Members of each Committee, severally representing the Grand Jury or Council by which it shall have been appointed, and approved and confirmed as herein-after directed, shall Prisons (Ireland). shall be binding on the said Grand Juries, or the said Grand Jury and Council and on all other Persons, to all Intents and Purposes. XLI. Every such Agreement shall specify the Place where Particulars such Prison is or is to be situated, and the County and Borough which Agreefor which it is proposed to be built or used (the Area and Pro- ment shall portion of the same being set forth in so far as the same may be specify. known), and such Agreement shall further specify the Number of Prisoners for which it is proposed that Accommodation should be provided, and such Agreement shall further specify the Proportion in which the Expenses of purchasing any Site, and of building, finishing, and fitting up such Prison, or, as the Case may be, of enlarging and improving such Prison, shall be borne by each of the contracting Parties; and also the Proportion in which the Expenses of rebuilding or repairing such Prison, in the event of any sudden Accident happening thereunto, shall be contributed by each of the contracting Parties; and also whether such Prison is to be used in place of or in addition to any and which of the existing Prisons of the said County or Borough; and also the Mode in which it is proposed to constitute the Board of Superintendence of such Prison, and the Amount of the Salaries proposed to be paid annually to the Officers of such Prison, and the Proportion in which the same Salaries and such Expenses as may be incurred in respect of the ordinary Repairs of such Prison, the Government and Discipline of such Prison, the Maintenance, Management, and Custody of Prisoners, and all other current and ordinary Expenses of the said Prison, shall be apportioned on each of the contracting Parties, and such Proportion may be either a fixed Share determined beforehand of the ordinary annual Expenses of the said Prison, or be made to depend upon, vary with, and be ascertained and calculated by the Number of Prisoners who shall be confined in the said joint Prison from the said County and Borough respectively, and the Period of Time for which each such Prisoner shall be so confined, such Calculations to be made at such Intervals and according to such Scale as in the said Agreement shall be mentioned, and to be either at a fixed Rate by the Day, Week, or Month for the Cost of each such Prisoner, or at the actual average daily, weekly, or monthly Cost of each such Prisoner, according to the whole Number of Prisoners for the Time being confined in such Prison, and such Agreement shall also specify the Period of Time, not being less than Three Years, for which the First Agreement for such Proportion of such current and ordinary Expenses (whether the same shall be at a fixed or variable Proportion) shall endure: - Provided always, that at the Expiration of such Period the Agreement shall nevertheless continue in force, unless and until altered and renewed, upon such Terms and in such Manner as is hereinafter directed. before Grand Juries and XLII. Whenever any Agreement shall have been so entered Agreements into and signed the joint Committee shall lay the same for shall be laid Approval before the Grand Juries or Grand Jury and Council of the said County and Borough at the Assizes, if any then current, or at the Assizes holden next after the making thereof, and in the Approval. Case 19 & 20 VICT. A a Councils for Agreements to be submitted to Lord Lieutenant for Approval. Lord Lieute nant, on Report of Inspectors General, may direct Prison to be used as a joint Prison, and Prisoners to be removed to it. Boards of Su perintendence to be appointed for joint Pri sons. Prisons (Ireland). Case of the Council of the Borough at a Special Meeting to be convened for that Purpose, and shall deliver to such Grand Juries or Grand Jury and Council respectively a Duplicate of such Agreement to be filed by the Clerk of the Peace or Town Clerk of such County or Borough, to be by them kept with the Records of the said County or Borough: Provided always, that no such Agreement shall be valid until the same shall have been approved of by the several Parties thereto in manner aforesaid, and until the same shall have been confirmed by the Lord Lieutenant as herein-after directed. XLIII. Each of the said Parties shall forthwith cause such Agreement, when approved of in manner aforesaid, to be laid before the Lord Lieutenant, and it shall be lawful for the Lord Lieutenant to confirm such Agreement, and to direct that such Prison, when certified by One of the Inspectors General of Prisons in Ireland to be fit for the Reception of Prisoners, or of the additional Prisoners whom it shall be proposed to confine therein, shall thenceforth be used as a joint Common Gaol, as well for Debtors as Criminals, for such County and Borough respectively. XLIV. When any joint Prison, or a sufficient Part thereof, shall have been built, or enlarged or improved, as the Case may be, and fitted up for the Reception of Prisoners, or of the additional Prisoners whom it shall have been agreed to confine therein, and proper Officers shall have been appointed for the Management thereof, the Inspectors General of Prisons or One of them shall certify, in Writing under their or his Hand to the Lord Lieutenant, that such Prison, or a sufficient Part thereof, is so fitted and completed, and that such Officers have been appointed, and it shall thereupon be lawful for the Lord Lieutenant, by an Order in Writing, to direct that such joint Prison may thenceforth be used as a Gaol, as well for Debtors as Criminals, for the said County and Borough respectively, either in addition to or in place of (as shall be specified in said Order) the other then existing Gaols of the said County or Borough, and that all Prisoners, as well Debtors as Criminals, at that Time confined in the Common Gaol, Bridewell, House of Correction, or other Prisons of the said County or Borough, or such and so many of such Prisoners as shall be specified in the said Order, may, if requisite, be forthwith removed to such joint Prison by the Governors or Keepers of such Gaols, Bridewells, Houses of Correction, or other Prisons as aforesaid, and the Removal of any such Prisoners, in obedience to any such Order, shall not be construed to be an Escape. XLV. It shall be lawful for the Grand Jury or Council of any County or Borough which shall be Party to any such Agreement as aforesaid, and each and every such Grand Jury and Council is hereby authorized and required, at the Assizes, with the Consent and Approbation of the Court or a Judge, or at a Special Meeting of such Council, to appoint so many Persons as it shall have been agreed should be appointed by each such Grand Jury or Council respectively (One Half of whom at the least shall be Justices of the Peace for the County or Borough by the Grand Jury or Council whereof they shall be so appointed) to be and form together Prisons (Ireland). together One joint Board of Superintendence of such joint Prison; and it shall and may be lawful for any such Grand Jury or Council at any subsequent Assizes, or at any subsequent Special Meeting, to remove any Member or Members of such Board who shall have been appointed by such Grand Jury or Council respectively, and to fill up any Vacancies among such last-mentioned Members occasioned by Death, Resignation, or otherwise; and such Board of Superintendence shall have the same Powers, Authorities, Jurisdiction, and Discretion over and with respect to such joint Prison, and the Appointment of the Officers thereof, and over and with respect to the Prisoners therein, as are or shall be given to or vested in the Board of Superintendence of any County Prison over or with respect to such Prison, and the Officers thereof or the Prisoners therein, by this Act or the Prisons Act, or any Act amending the same; and any Three or more of such Board of Quorum of Superintendence, One of whom at least shall be a Justice of the Boards of SuPeace for either the said County or the said Borough, shall be in perintendence. 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 the Prisons Act, or 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, and all of whom may have been appointed Members of such Board by the Grand Jury of the County, or, as the Case may be, by the Grand Jury or Council of the Borough) shall be as valid and effectual to all Intents and Purposes as if done by the whole Board of Superintendence. dence. XLVI. It shall and may be lawful for the Grand Jury of every Presentments County, and for the Grand Jury or Council of every Borough may be made to which shall be Party to any such Agreement, to make all Pre- joint Boards of Superintensentments of Money for such joint Prison to such Board of Superintendence, to be by them appropriated to the several Purposes for which such Moneys are intended, and also, if they shall think proper so to do, to present in advance to such Board any reasonable Sum or Sums which such Grand Jury or Council shall deem necessary for any of the Purposes for which Presentments are or shall be allowed by the Prisons Act or this Act, or any Act which for the Time being shall be in force in Ireland relating to Repairs, Accommodation, or Discipline of Prisons; and every Sum so presented in advance shall and may be afterwards applied or applicable, by or 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. XLVII. Such Board of Superintendence of such joint Prison shall be the Board of Superintendence of every Gaol, Bridewell, House of Correction, or other Prison within such County or Borough, not being the Prison of a different County, and all the Provisions of the Prisons Act and of this Act, and of every other A a 2 Act Joint Boards to be the Boards of Superintendence of all Prisons in Counties and Boroughs. |