for the faid county, in manner aforefaid; but nothing herein. contained shall extend, or be construed to extend, to deprive any convict confined in the said new gaol or penitentiary house, of the benefit of any weekly or other allowance which has ufually been, or hereafter may be granted or made, by virtue of any law, ftatute, cuftom, or order, for the purpose of maintaining and supporting convicted prifoners; provided only, that the application of all and every fuch allowance fhall be fubject to fuch limitations and restrictions as may be contained in the bye-laws, rules, and orders, herein directed to be made for the government and police of the said gaol and penitentiary house.

tiary house.

XLV. And be it further enacted, That the governor of the Powers of the faid new penitentiary houfe, and his affiftants, fhall have the governor of fame powers over the offenders to be confined therein as are inthe peniten. cident to the office of a sheriff, or of a gaoler, and in like manner be answerable for the efcape of any offender within his custody; and moreover the said governor fhall have power to hear complaints, and examine any persons touching offences, and determine and punish the fame (except by whipping) in fuch and the fame manner as the governor of each penitentiary houfe directed to be built by the faid act of the nineteenth year of his prefent Majefty, is by the fame act impowered to do; and in case of the repetition of fuch offences, or in case of offences more enormous, which the said governor of the faid new penitentiary house is not by this act impowered to punish, the faid governor fhall report the fame to the vifiting juftices of the faid penitentiary houfe, or one of them, for the time being, to be appointed as herein-after is directed; and fuch juftices, or one of them, fhall have power to enquire upon oath, and determine concerning all fuch offences fo reported to them, and shall order fuch offenders to be punished in fuch and the fame manner as the committee appointed by the faid laft-mentioned act are thereby impowered to do refpecting offenders and offences in each of the penitentiary houfes thereby directed to be built; and if any perfon ordered to hard labour in the faid penitentiary houfe for the county of Gloucester (hall, at any time during the term for which he or fhe fhall be so ordered, break prifon, or fhall efcape from the faid penitentiary house, or in the conveyance to the fame, or from the perfon or perfons having the lawful cuftody of fuch offender; or if any person shall rescue any offender, who by force of this act fhall be ordered to hard labour in the faid penitentiary house for the county of Gloucester, either during his or her conveyance thereto, or whilst fuch offender fhall be in the cuftody of the person or perfons under whose care and charge he or the thall be confined; or if any person shall be aiding or affifting in any fuch rescue; or if any perfon, having fuch cuftody as an affiftant, shall voluntarily or negligently permit fuch offender to escape; or if any perfon fhall, by fupplying arms, tools, inftruments, or means of disguise, or otherwife in any manner aid or affift any such ofVOL. XXXV.

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fender

Provifions of

Act 19 Geo. 3. relating to efcapes, &c. to be extended to the penitentiary house.

Expences of the peniten

tiary house to

be paid out of

the county rate.

fender in any escape, or in any attempt to make an escape, though no escape be actually made; every fuch offence as aforefaid fhall be punished in the fame manner as the like offence would be punishable under the before-mentioned act of the nineteenth year of his prefent Majefty, directing two national penitentiary houfes to be built, if fuch had been committed by or in respect to any person ordered to hard labour in either of the said two penitentiary houses therein mentioned.

XLVI. And be it further enacted, That the provifion.made in and by the faid act of the nineteenth year of his prefent Majefty, for carrying on profecutions for escapes, attempts to escape, breaches of prison, and refcues, in the cafe of perfons adjudged to either of the said penitentiary houses thereby directed to be built, fhall extend and be applied to any profecution for any escape, attempt to escape, breach of prison, or rescue, in the cafe of any perfon who, under this act, fhall be adjudged to the faid penitentiary houfe for the county of Gloucester.

XLVII. And be it further enacted, That from time to time, and at all times after firft opening the faid penitentiary house for the county of Gloucester, for the reception of offenders, the expences of repairing the fame, with the buildings, eafements, and appurtenances thereto belonging, and of providing proper implements, with stock of materials for work, to be ufed-therein, and the falaries and allowances to the governor and other officers thereof, together with the aid, adjusted as aforefaid, to be given to prisoners, as well during their confinement, as on their being released, and all other charges and expences neceffary for fupporting the faid penitentiary houfe, in conformity to the directions and intent of this act, fhall be paid out of the county rate, by the treasurer of the county of Gloucefter, and the juftices of the peace for the faid county fhall, from time to time, make provifion for the fame out of the county rate; and the faid penitentiary house (hall, in all other refpects not herein particularly provided for, be confidered as a house of correction for the county of Gloucester, and be subject to the various ftatutes and provifions made and now in force, for the managing, regulating, and repairing houses of correction. Juftices to be. XLVIII. And, for better preventing all abuses, as well in appointed to the faid new penitentiary houfe as in the faid new gaol, and inspect the new houses of correction, for the faid county of Gloucester, the gaol, &c.; juftices of the peace hall, at every Michaelmas general or quarter feffions which shall be holden for the faid county, after the beginning to receive offenders in the faid gaol, penitentiary house, and houfes of correction, respectively appoint two or more juftices vifitors of the faid new gaol and penitentiary house, and of the said houfe of correction contiguous thereto, and alfo two or more other justices visitors for each of the said four other houses of correction; and fuch visiting justices, fo refpectively appointed, shall, either together or fingly, perfonally visit and inspect each fuch prifon at leaft three times in each quarter of a year, and oftener if occafion shall require, and shall examine

1

into the state of the buildings, the behaviour and conduct of the
refpective officers, and the treatment and condition of the pri-
foners, the amount of their earnings, and the expences attend-
ing each prison respectively, and in matters of preffing neceffity,
and within the powers of their commiffion as juftices, fhall take
cognizance therein, and proceed to regulate and redress the
fame; and at every general or quarter feffions of the peace, the and report to
faid visiting juftices refpectively fhall make a report in writing the feffions,
of the ftate and condition of the faid new gaol, penitentiary
house, and new houses of correction, and of all abufes which
may occur to their observation therein; and the chairman of
the said feffions is hereby required to call upon the said visitors
for fuch report; and further, it shall be lawful for every justice
of the peace for the faid county, of his own accord, and with-
out being appointed a vifitor, to enter into the faid new gaol,
penitentiary houfe, and houfes of correction, refpectively, and
to examine the fame, at fuch time or times, and as often as he
fhall think fit, and if he fhall discover any abuses therein, he is
hereby required to report them in writing at the next general
or quarter feffions of the peace which fhall be holden for the
faid county; and when and as often as report of any abuses in
the faid gaol, penitentiary houfe, and houfes of correction, or
either of them, fhall be made by the faid vifiting juftices, or
either of them, or by any other juftice of the peace for the faid
county, the abufes fo reported fhall be taken into immediate
confideration by the juftices of the peace for the said county, at
the general or quarter feffions at which fuch report shall be
made, and they are hereby required to adopt the most effectual
measures for enquiring into and rectifying fuch abuses as foon
as the nature of the cafe will allow.

XLIX. And be it further enacted, That no keeper of the Keepers or
faid new gaol, or governor of the faid penitentiary houfe, nor governors not
any perfon or perfons in truft for or employed by fuch keeper in the peni
to fell liquors
peni-
or governor, or who fhall have any office or employment as tentiary
affiftant, or otherwife, under fuch keeper or governor, fhall fell, houfe.
or be capable of being licenfed to fell, or have any benefit or
advantage whatsoever, directly or indirectly, from the sale of
any wine, beer, ale, or other liquors, ufed in fuch gaol or pe-
nitentiary house; and every person offending therein fhall, on
complaint made on oath, and conviction before one juftice of
the peace, forfeit and pay the sum of ten pounds.

L. And whereas a confiderable part of the emolument of gaoler or keeper of the gaol for the county of Gloucefter has ufually arifen from fees paid to him by debtors and other perfons confined therein, and from incidental charges made by him on the county rate, on the difmiffion of prisoners, and on the removal of transports; and, by reason of neglect in regulating the faid fees, as directed by the aforefaid act of the thirty-fecond year of King George the Second, they are become oppreffive and burthenfome to poor prifoners, and fuch charges on the county rate are liable to frequent abuse; be it therefore enacted, Juftices to That the justices of the peace for the county of Gloucester, af- fettle a table fembled of fees,

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i

1

sembled at their general or quarter seifions, or at some special adjournment thereof, held for fuch exprefs purpose, shall, and they are hereby required, within one year after the reception of prisoners in the said new gaol, to regulate and fettle a table of fees and rates to be taken by the gaoler or keeper of the faid gaol; and the faid justices, so affembled as aforesaid, are hereby authorised and impowered, from time to time, to alter, vary, or totally difallow of all or any fuch charges and fees, and to order a copy of the table of fees, fo regulated, to be hung up in the court of affize and quarter feflions for the faid county, and another copy thereof to be transmitted to the said gaoler or keeper, who fhall cause the fame to be hung up in some confpicuous place within the faid gaol; and all orders and directions contained in the faid last mentioned act, respecting the table of fees and rates to be taken by gaolers or keepers of prifons, fhall be conformed to as if the fame were herein particularly enacted and repeated; and, by way of recompence for any diminution of emolument in the office of gaoler or keeper of the faid new gaol, by means of any fuch regulation of fees, or by the difallowing any fuch charges on the county rate, or any part thereof, as well as for and in lieu of all or any part of the profits and emoluments that have ufually arifen from the office. of gaoler or keeper, the faid juftices, fo affembled as aforefaid, are hereby further authorised and impowered to grant fuch falaries and allowances to the faid gaoler or keeper, and to his affistants, as to the faid juftices fhall appear reasonable and satisfactory, and from time to time to alter and vary the fame as they shall think fit, and further to order and direct the said salaries and allowances to be paid out of the county rate by the treasurer of the said county, upon an order or orders figned by the chairman of any general or quarter feffions of the peace held for the faid county, fpecifying the falary and allowance fo directed to be paid: provided always, That no fuch regulation of fees and charges, or any fubfequent alteration thereof, shall be made, nor fhall any fuch falary and allowance, or any alteration thereof be fixed and determined at any general or quarter sesfions, or fpecial adjournment thereof, unless fourteen days publick notice at the least shall have been given, by advertisement in fome newspaper circulating as aforefaid, figned by the clerk of the peace, and fpecifying that fuch regulation of fees and charges, or fuch grant of falaries and allowances, will be taken into confideration; and no fuch regulation of fees and charges, or any fubfequent alteration thereof, or any variation in fuch falaries and allowances, fo granted, that may in anywise affect the sheriff or his officers, fhall take place, or have effect, pending the continuance in office of the theriff who fhall be actually in commiffion at the time of making fuch regulation, or any alteration thereof, or of varying fuch falaries and allowances, unless such theriff fhall, by writing under his hand, confent thereto; and the faid juftices, in granting to any gaoler or keeper any such salary or allowance, may ftipulate, as a condi

tion of the payment thereof, that he do regularly obferve and keep the bye-laws, rules, and orders of the faid gaol.

fome allow

LI. And it is hereby further exprefsly provided, That no No allowance fuch salary and allowance thall be paid out of the faid county to be made to rate to any woman, or other perfon incapable of executing the any perfon office in perfon, who may at any time be appointed gaoler or performing incapable of keeper of the faid gaol; but in cafe any gaoler or keeper fhall, the office. from confirmed sickness, age, or infirmity, become incapable Gaolers beof fo executing his office in perfon, the juftices of the peace for come infirm the said county, at any their general or quarter feffions, at which may have feven at the leaft fhall be prefent, thall take the circumstances ance from the of the cafe into their confideration, and if he fhall be found to falary of the have executed his office with diligence, honefty, and fidelity, officiating they are hereby impowered to grant him fuch an annuity as gaoler. they, in their difcretion, fhall think proportioned to the merits and time of his fervice, not exceeding fifty pounds per annum, and may deduct the amount thereof from the falary allowed to the officating gaoler or keeper, or, if they fhall think fit, may order the payment of the whole, or any part thereof, out of the county rate for the county of Gloucester.

1

raised as di

LII. And be it further enacted, That the juftices of the peace Money chargfor the county of Gloucefter fhall caufe fuch fum or fums of ed on county money as may be neceflary from time to time for all or any the rate, to be purposes of this act, and as is or are hereby charged on the rected by 12 county rate, to be raised in the fame manner as county rates are Geo. 2. c. 29. directed to be raised by an act made in the twelfth year of his late majefty King George the Second, for the more easy affeffing, collecting, and levying of county rates.

LIII. And be it further enacted, That all and fingular the All laws aplaws and ftatutes of this realm, which, from the nature of the plicable to the cafe, can be applied to the faid new gaol, penitentiary houfe, this act, to be purposes of and houses of correction, for the county of Gloucester, or to the extended to building, fitting up, and repairing the fame refpectively, or to it. the ordering, governing, and transferring prifoners to be confined therein, thall extend to the faid new gaol, penitentiary house, and houfes of correction, and prifoners, in the fame manner as if the fame laws and ftatutes were herein particularly enacted and repeated, and applied to the said new gaol, penitentiary house, and houfes of correction.

covered and

LIV. And be it further enacted, That all fines, forfeitures, Penalties and and penalties inflicted by this act, or which fhall be inflicted by forfeitures virtue of any bye-law, rule, or order, to be made in purfuance how to be rethereof, the levying and recovering of which are not particu- applied. larly herein directed, fhall be levied by diftrefs and fale of the offender's goods and chattels, by warrant under the hands and feals of two juftices of the peace for the county of Gloucefter, who are hereby authorised to hear and examine witneffes on oath or affirmation, and determine the fame; and all fuch refpective fines, forfeitures, and penalties, by this act impofed and inflicted, or authorifed to be impofed and inflicted, the application whereof is not herein before particularly directed, fhall

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be