contain 600

and inclosures thereunto belonging, and shall superintend the erection of such houses and buildings, and the due performance of such contracts as fhall be entered into touching the fame; One of which and the faid penitentiary houfes fhall be made fufficiently large fhall be large to contain, the one of them fix hundred male convicts, and the enough to other of them three hundred female convicts; and each of such males, and the houfes, or the buildings and inclosure thereunto belonging, other 300 fe- fhall contain proper ftorehouses, warehouses, workhouses, and males; with lodging-rooms, an infirmary, a chapel and burying-ground, a proper ftore- prifon divided into dark but airy dungeons, a kitchen garden, houses, &c. and also proper airing grounds, yards, offices, and other neceffary apartments for the feveral officers and fervants herein-after A plan of the directed to be appointed: provided always, That before any buildings, and fuch contracts fhall be made or entered into by the faid fuperan eftimate of visors, the plan of fuch houfes and buildings, with the estimates to be approved of the expence of erecting the fame, fhall be laid before, and of by the lord approved of by, the fame perfons to whom the approbation of chancellor,

the expence,

&c.

Expences of purchafing the

the piece or pieces of ground whereon the fame are intended to be erected is herein-before referred, or by any eight or more of them: provided alfo, That the expences of purchafing the said ground, of erecting the faid buildings, and of making a proper ground, and compenfation to the faid fupervisors for their trouble and charges, erecting the being previously examined and fettled, from time to time, by buildings, &c. the juftices of the peace of the county or place wherein fuch to be defrayed by warrants ground fhall be situated, at their quarter or other general sesfrom the trea- fion, and approved and allowed by the juftices of affize, at their fury. then next fubfequent affizes, or, if in Middlefex, by the juftices of the court of King's Bench, thall from time to time be defrayed by warrants from the commiffioners of his Majefty's treafury, or the high treasurer for the time being, and fhall be provided for in the manner herein-after mentioned.

1

His Majesty

three perfons, to fuperintend the faid

houses.

XV. And be it further enacted, That it fhall and may be impowered to lawful for his Majefty in his privy council to nominate and appoint a appoint three gentlemen, or other creditable and substantial percommittee of fons, as and for a committee to fuperintend the faid houses, and from time to time to remove all or any of the perfons compofing the committee, and appoint others in their ftead, or in the ftead of such as shall die or refign; which perfons fo compofing the faid committee, fhall be intitled to fuch allowance per diem for their trouble and expences, in every day's actual attendance on the duties of their office, as the faid juftices of the peace, at their quarter or other general feffion, with the approbation and allowance of the juftices of affize, at their then next fubfequent aflizes, or, if in Middlefex, by the juftices of his Majefty's court of King's Bench, shall from time to time order and direct; and the faid committee, or any two of them, fhall and may appoint a clerk, to continue during their pleasure, with fuch falary as they shall judge to be reasonable; which clerk fhall keep regular minutes of the proceedings of the faid committee; and their proceed the faid committee, or any two of them, are alfo hereby authorised and required to appoint stated meetings, giving two days. notice

Committee to

appoint a clerk, who shall minute

ings.

notice thereof, and from time to time to adjourn the same, and at such stated and adjourned meetings, and not otherwise, nor in any lefs number, to carry this act into execution; and at every fuch meeting the chairman of fuch committee fhall not only have a fingle voice or vote, but, in case of equality of numbers, a decifive or cafting vote.

materials for

XVI. And be it further enacted, That when the faid peni- Committee to tentiary houses fhall be erected, and fo fitted up as to be ready elect officers, or nearly ready for the reception of the offenders herein-after and provide directed to be fent thereto, the committee fhall elect fuch officers employing as are herein-after directed, and fhall make provifion for stock offenders; and materials for the use and employment of the offenders to be confined in the faid penitentiary houfes; and alfo fhall make and to make orders for the regulation of the faid houses, and of fuch offend- orders of reers, in fuch cafes as are not by this act particularly provided gulation, for; which orders of regulation, being approved of by the faid which must be justices of the peace, at their quarter or other general feffions, the juftices, and confirmed and allowed by the juftices of affize at their then &c. before next subsequent affizes, or, if in Middlefex, by the juftices of they are carthe court of King's Bench, thall be carried into execution; and ried into exethe faid committee (hall, in like manner, from time to time, as often as they fhall think neceffary, make any other orders of regulation, as well for repeal of fuch orders before made, as by way of addition thereto, which, before they are carried into execution, fhall alfo be approved of, confirmed, and allowed by the juftices aforefaid.

cution.

by the com

XVII. And be it further enacted, That for the regulation Enumeration and management of each of such penitentiary houses, and pre- of officers to viously to the opening thereof for the reception of offenders, be appointed there fhall be elected and appointed by the faid committee, a mittee; governor, a chaplain, a furgeon or apothecary, a ftorekeeper, and a task-mafter; and also, in the house fet apart for female convicts, a matron; and in each of them, fuch other officers as the faid committee, with fuch approbation, confirmation, and allowance, as aforefaid, fhall judge neceffary; and fuch officers fhall from time to time be removeable by any order of the faid committee; and when any vacancy fhall happen, new officers shall be elected by the fame authority; and fuch salaries and other allowances fhall be made to the faid officers, with fuch ap- low them faprobation, confirmation and allowance, as aforefaid, and also laries. fuch of them from whom the faid committee may deem it proper to require fecurity for the due and faithful execution of their offices, fhall give fuch fecurity accordingly, as the said committee from time to time fhall direct.

who fhall al

task-mafters

XVIII. Provided always, That the falaries of the respective Salaries of governors and task-mafters fhall totally, if poffible, or at least governors and in great measure, arife from the profits of the work that fhall be to arife as done and performed in each feveral penitentiary houfe; and the much as faid committee is hereby required, with fuch approbation, con- poffible from firmation, and allowance, as aforesaid, so to order and appoint the profits of fuch falaries, that the fanie may bear a conftant proportion to work done in

the

the houses.

Committee may, with

fuch appro

the quantity of labour performed in each feveral houfe, and that it may become the intereft, as well as duty, of each governor and task-mafter to fee that all perfons under his and their cuftody and direction be regularly and profitably employed.

XIX. Provided nevertheless, and be it further enacted, That it fhall be lawful for the faid committee, from time to time, with fuch approbation, confirmation, and allowance as aforebation as faid, to increase, diminith, difcontinue, or vary, the number of aforefaid, vary officers to be appointed for any fuch houfe in purfuance of the directions aforefaid, except by taking away or discontinuing any of the offices of governor, matron, chaplain, and furgeon or apothecary to the fame.

the number of

officers.

The governor of each houfe to be a body and account

corporate,

able for the conduct of his fervants.

of the com

mittee.

Accounts relating to the maintenance of each house, &c. to be ens

tered in a book.

XX. And be it further enacted, That the governor of every fuch penitentiary house shall be a body corporate, and shall fue and be fued, by the name of the governor of the penitentiary houfe for males (or for females, as the cafe fhall require,) in the parish or place wherein it thall happen to be fituated and fhall from time to time employ fuch fervants, overfeers, and affiftants, as he fhall think proper and neceffary, and for whofe conduct he fhall be answerable; provided that the faid governor do employ no other but males, in the houfes fet apart for male convicts, and females, where the work can be performed by females, in fuch as fhall be fet apart for female convicts.

Governor im- XXI. And be it further enacted, That the faid governor fhall. powered to also have power to make contracts with any perfons whomsocontract for ever, for the clothing, diet, and all other neceffaries for the clothing, diet, &c. neceffary maintenance and fupport of the offenders confined in such house, for the offen- for implements or materials of any kind of manufacture, trade, ders, with the or mystery, in which offenders confined in fuch houfe fhall be approbation employed, fuch contracts being previously approved by the committee, and also to carry on fuch manufacture and mystery in fuch house, and to fell fuch goods, wares, and merchandize, as fhall be there wrought and manufactured; and the governor of every fuch penitentiary houfe fhall caufe all accounts touching the maintenance of fuch houfe, and the offenders therein, to be entered regularly in a book or books to be kept for that purpofe; and also the governor and ftorekeeper fhall each keep feparate accounts of all such stock and materials as fhall be brought Duty of the into fuch house for employing fuch offenders; and fuch ftock ftore-keeper and materials fhall from time to time be delivered out by the faid storekeeper, as occafion fhall require, to the task-mafter, who shall give receipts to fuch torekeeper for the fame, and shall distribute the fame amongst the several offenders to be employed in working thereon; and fuch task-mafter, or his affiftants, fhall conftantly fuperintend the work of the faid offenders, and take an account of every neglect of work, or other misbehaviour, and likewife of any extraordinary diligence or good behaviour in any of fuch offenders, and from time to time fhall report the fame to the governor, who shall cause the same to be entered in a book to be kept for that purpose; and fuch taskmafter shall also keep accounts of the quantities daily worked

and task.

master.

by

by the feveral offenders, and fhall return the materials, when wrought and manufactured, to the ftorekeeper; who fhall give receipts to the taskmafter for the fame, and fhall from time to time, with the privity and approbation of the governor, fell and dispose thereof, and pay the money ariling from fuch fales to the governor, who shall be accountable for the fame to the committee, in manner herein-after mentioned; and the faid governor and storekeeper fhall keep feparate accounts of the materials fo wrought, manufactured, fold, and difpofed of, and the feveral fums of money for which the fame fhall be fo fold, and when fold, and to whom, in books to be provided for those purposes.

XXII. And be it further enacted, That the faid feveral books The books to so to be kept by the faid governor and storekeeper, and the fe- be kept by the veral entries therein, fhall be examined by the faid com- governor and mittee, and shall be by them compared with the feveral receipts thail he exatorekepeer, and other vouchers, and fhall be verified by fuch governor and mined by the ftorekeeper, upon oath, if required, before fuch committee, and committee; shall, if approved of by fuch committee, be allowed, and figned by any two of them, and if fuch committee fhall disapprove of any articles in such accounts, they fhall difallow the fame.

fradulent

the fame.

XXIII. And be it further enacted, That if the said committee who, on fuffhall fufpect any fraudulent or improper charges in any of fuch ac- picion of any counts of the faid governor or storekeeper, or any omiffion there- charges, &c. out, they may examine upon oath the faid governor, ftorekeeper, may examine or any of the officers or fervants belonging to fuch house, or any of upon oath the perfons employed about the fame, or any persons of whom any any perfons neceffaries, ftock, materials, or other things, have been purchased to cre concerning for the use of such house, or any perfons to whom any stock or materials, wrought or manufactured therein, have been fold, or any of the offenders confined in fuch penitentiary houfe, or any other persons, touching any of the articles contained in fuch accounts, or any omiffion thereout; and in cafe there fhall appear If any fraud or collufion in any fuch accounts any falfe entry, knowingly or wilfully made, fhall appear, or any fraudulent omiffion thereout, or any other fraud whatfo- the committee ever, or any collufion between any officer or officers, or fer- may difmils vants, belonging to fuch houfe, or between any fuch officer or the offender. officers, fervant or fervants, and any other perfon or perfons, then, befides the private fatisfaction in damages which the parties or party injured may be entitled to recover by law, the said committee may difmifs any fuch officer or officers, who fhall to them appear to have been guilty of any fuch false entry, omiffion, fraud, or collufion, and appoint another, or others, in

his, her, or their ftead; and if the faid committee fhall fee fit, and may prethey shall cause an indictment or indictments to be preferred fer an indictagainst the officer or officers, fervant or fervants, fo offending, ment against at the next quarter or other general feffion of the peace to be next quarter holden for the county, riding, liberty, divifion, city, corporation, feffions. or place, wherein fuch penitentiary houfe fhall be fituated, or for any other 'adjoining county; and in cafe fuch perfon or perfons fo indicted fhall be found guilty of fuch offence or offen

ces,

Committee to

certify to the

court of King's Bench when the pe

nitentiary houses are

fitted for re

convicted, at

oyer

and ter

miner, &c. in England or Wales, of any crime punish

ces, he, she, or they fhall be punished by fine and imprisonment, or either of them, at the discretion of the court..

XXIV. And be it further enacted, That when the penitentiary houfes herein-before directed to be built, shall be fitted and completed for the reception of offenders, and proper officers fhall be appointed for the care and management thereof, the faid committee fhall certify, under their hands and feals, to the juftices of the court of King's Bench, that fuch houfes are fo fitted ception of of- and completed, and that fuch officers have been appointed; and fenders; after the making of fuch certificate, where any perfon fhall, at after which, a any feffion of oyer and terminer, or gaol delivery, to be holdlimited num- en for the county of the city of London, or the county of Midber of perfons dlesex, or during the affizes for any other county within that any feffion of part of Great Britain called England, or at any great feffion to be holden for the county palatine. of Chefter, or within the principality of Wales, be lawfully convicted of grand or petty larceny, or any other crime for which he or she shall be liable by law, either under this flatute or any other ftatute now in force, or hereafter to be made, to be transported to any parts beyond the feas, it shall be lawful for the court before which any fuch permay be sent to fon fhall be fo convicted, or any court held for the fame place and confined with like authority, if fuch court fhall think fit, in the place of in fuch houses. such punishment by tranfportation, to order and adjudge that such person shall be punished, by being imprisoned and kept to The refpective hard labour, in one of fuch penitentiary houses, for any term not exceeding two years, in cafe of petty larceny; and for any term, if fuch offender be a male, not less than one year, or if such offender be a female, not lefs than fix months, nor exceeding, in either cafe, five years, if he or she is liable, by law, on account of any other crime, to be transported for seven years; and for any term not less than two years, nor exceeding feven years, in cafe any fuch offender is liable by law to be transported for fourteen years.

able by tranfportation,

terms of con

finement.

Limitation of

offenders to

be sent from each of the Welch circuits, and from each

of the English circuits re

fpectively.

XXV. Provided always, That during the continuance of this the number of act, not more than two offenders fhall be fent to fuch penitentiary houses, from all the great feffions to be holden within any one of the four circuits of Chafter or Wales, either in fpring or fummer; nor shall more than four offenders be fent from any one feffion of oyer and terminer, and gaol delivery, to be holden for the city of London, nor more than nine offenders from any. one feffion of oyer and terminer, and gaol delivery, to be holden for the county of Middlefex; and that not more offenders than is herein-after fpecified fhall be fent from all the feffions of oyer and terminer, and gaol delivery, to be holden within each of the several spring circuits, and not more than the like number from all the faid feffions within each of the fummer.circuits of England; that is to fay, from all the faid feffions within each of the two annual northern circuits, eight; within each of the two annual midland circuits, ten; within each of the two annual Norfolk circuits, ten; within each of the two annual Oxford circuits, twelve; within each of the two annual western cir

cuits,