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who may pu- punish such officer or servant by forfeiture of office, by any fine fine and im- nCt exceecling,ten pounds, and by imprisonment for any term prisonments not exceeding six months, or by any one or more of such punishments, as the said committee (hall, in their discretion, think proper.

Offenders XXXVII. And be it further enacted, That when any offen

wben brought ^er' who malj be orc*ered to hard labour in either of such houses to the pem- as aforesaid, (hall be brought thither in pursuance of the powers tentiary contained in this act, he or (he (hall be separately lodged, and houses, to be washed, cleansed and purified, and (hall then be examined by lodged^and the ^urgeon or apothecary, and shall continue in such separate washed', and lodging until it be certified by such surgeon or apothecary that examined by he or she is fit to be received among the other convicts, and the the lu. geon; clothes in which he or (he (hall then be clothed (hall be burnt, if necessary, or otherwise (hall be sold and disposed of, at the discretion os the governor, and the produce thereof (hall be accounted for to the committee aforesaid; and such offender shall not be dismissed at the end or other determination of his term, unless at his own request, if he (hall then labour under any acute or dangerous distemper, nor until he can be safely discharged; and when dis- and when such offender (hall be finally discharged, such other furn^hed with ^ecent c^otning as (hall be judged necessary and proper by the decent cloth- committee aforesaid, (hall be delivered to such offender, and also ing and mo- such sum of money, for his or her immediate subsistence, as the ney; said committee shall think proper, so as such sum (hall not ex

ceed three pounds, nor be less than twenty shillings, in cafe such offender (hall have been confined in such penitentiary house for the space of one year, and so in proportion for any (horter term and aster hav- °^confinement; and if such offender, at the end or other deterin^-continued mination of his or her term, (hall procure any reputable master in a reputable of a (hip, or tradesman, or other substantial house-keeper, to service for one take h[m or ner jnt0 service, or provide him or her with proper

^si-!?^ employment for one year then next ensuing, the same to be apintitled to a r ,, , • c r -j I £ i r j

further sum proved by the committee aforeiaid, he or the, having lerved ac

of money. cordingly, snail be entitled at the end of the year to another sum of money, equal to that which was allowed to him or her at the time of his or her dismission. The offenders XXXVIII. Provided always, and be it further enacted, That to be°divided tne several offenders to be sent to each of such penitentiary into tmee houses (hall be divided into three classes, which (hall be called The classes,and the Firsts Second, and Third Class ; for which purpose the time for cori^n°ementr which such ofi~nders severally be committed shall be ditobe^/vided vided into three equal parts; and during the first part of the into three time of the imprisonment of every such offender, he or (he shall equal parts, be ranked in the first class, and during the second part of such time, he or (he shall be ranked in the second class, and during the third and last part of such time, he or (he (hall be ranked in the third class; and tie confinement and labour of such offenders as (hall from time to time be ranked in the first class, (hall be the most strict and severe, and the confinement and labour of the offenders ranked in the second class, (hall be more mode

rate5 rate, and the confinement and labour of those ranked in the third class, (hall be still more relaxed; which several degrees of confinement and labour, so to be affixed to each class, shall from time to time be settled by the said committee, by orders of regulation to be approved of in manner aforesaid, but so as not to defeat or elude the special provisions made and appointed by this act.

XXXIX. Provided also, That it (hall and may be lawful to Governormay

and for the governor of each such houses to employ, at his dis- employ ofFeu

cretion, any of the offenders aforesaid, who shall be ranked in d,e.rs1ln1t^e

third clais 3.S

the said third class, as servants, overseers, or assistants, in the fervants &c. management of the works, and care of their fellow prisoners, instead of being confined to such their daily labour as aforesaid.

XL. And be it further enacted, That each of the lodging- How theloH.^-' rooms which shall be appointed in the said penitentiary houses, ^f^niQied^1 for the offenders so confined therein, shall be provided with an iron bedstead, with matting for lying upon, one or more hempen sheets, a coverlet, and two or more coarse blankets; and no person, except the officers and servants of the house, and such person or persons as (hall he authorised by order of any two of the committee aforesaid, (hall be permitted to go at any time into such lodging-rooms, or to fee or converse with the offenders; and every night of the year the doors of all such lodg- The doors to ing-rooms shall be locked, and all lights therein extinguished, belocked,and after the hour of nine; and a watchman shall patrole each of lights extin

such penitentiary houses at least twice in every hour during: the gu'^ed> every • ii 1 . r u ^* c 1 1 ■ i( r ni^ht at nine,

night, and until return or the time or labour in the morning of 6

the next day.

XLI. Provided always, That it shall and may be lawful for Justices for any justice or justices of the peace, acting for the county or place ^ CTMsl\ wherein such penitentiary houses, or places of confinement, to tbeV^nkentibe provided in pursuance of this act, (hall be situated, at all sea- ary houses,&c. fonable times, to visit and inspect every part of such penitentiary at all seasonhouses, or places of confinement, in order to make report to the able times, quarter sessions, or give notice to the inspector, hereinafter mentioned, of any abuse or mismanagement which he or they may observe therein.

XLIT. And be it further enacted, That the chaplain shall read chaplain to morning and evening prayers, in the chapel of each of such read morning penitentiary houses, and preach a sermon both morning and and evening afternoon, on every Sunday in the year, and also on every ^^'^^^ Chrijlma$-day and Good-Friday 5 and all the offenders confined sermons,Ivery in such house, who shall not be disabled by illness, shall attend Sunday ,'&c. the said prayers and sermons, which shall also be attended by the resident officers, and by the servants of such house, or such of them as can be spared from their several employments, and shall not be prevented by illness; and the said chaplain shall TMd to visit visit, with the leave of the governor, any of the offenders, either ^h^e^5' sick or in health, that may desire or stand in need of his spiritual vernor'sleave, advice and assistance, provided that such visitation, to such of

F f 3 the

Large yards, properly secured . to be adjoining to the penitentiary houses, for the offenders to walk in and air themselves.

Offenders, when lick, to be visited by the surgeon, and, h necessary, to be sent to the infirmary.

Two os the committee to attend at each penitentiary house every fortnight, when they stall see the offenders, and inspect the accounts of the governor and ll orekeepers, &c.

Governor Impowered to hear complaints of certain offences, and to punish the offenders.

the offenders as (hall be in health, shall not interfere with their stated hours of labour.

XLIII. And be it further enacted, That there shall be, adjoining to each of such penitentiary houses, one or more large and airy yards or places, inclosed and properly secured, in which, and on the top of such house, if the building will admit such a convenience, the offenders ordered to be confined in such house (hall be permitted to walk and air themselves, for such slated time as their health may require, and the governors shall respectively permit; and if proper employment can be found, such offenders may also be permitted to work in such, yards, instead of their lodging-rooms or work-rooms; but such airing or working in such yards (hall never be permitted unless in the presence or within the view of the governor or taskmaster, or some of their servants or assistants.

XLIV. And be it further enacted, That in cafe any such offender shall appear to be sick, he or me shall be visited by the surgeon or apothecary attending such house, and if the sickness be found to be real, the said surgeon or apothecary shall report the same to the governor; who shall, if the sickness be of such a nature as to require it, order such offender to be sent to the infirmary belonging to such house, and to be entered in a book to be kept for that purpose as tick; and when such offender shall have so far recovered his or her health, as that the said surgeon or apothecary shall judge him or her in a proper condition to quit the infirmary, and to return to his or her employment, and the said apothecary shall so report, the said governor snail order such offender to be brought , back to his or her lodging-room, and to be again employed in labour, so far as mall be consistent with the health of such offender.

XLV. And be it further enacted, That the said committee, or any two of them, (hall attend at each os the said penitentiary houses once at least in every fortnight; and on every such attendance mall examine the state os such house, and shall see every offender confined there, and not disabled by sickness; and shall inspect the accounts of the governor and storekeepers, and also examine the conduct and management of such house, and the behaviour of the officers thereof, and of the offenders consineel therein; and the said committee are hereby authorized and im-% powered to confer rewards and encouragements on such of the said offenders as shall appear the most diligent and meritorious, by giving them a small part of the profits of their daily or weekly earnings, to be properly applied for the use and benefit of themselves or families, or by permitting them to work, during the intervals of their stated labour, for the like use and benefit.

XLVI. And be it further enacted, That the governor of each of such penitentiary houses shall have power to hear all complaints .touching any of the following offences; that is to fay, disobedience of any of the orders of the house; assaults by one person confined in such house upon another, when no dangerous

wound wound or bruise is given; profane cursing and swearing, or indecent behaviour; absence from chapel, or irreverent behaviour there; and idleness or negligence in work, or wilful mismanagement of it; all which are declared to be offences by this act 5 and the said governor may examine any persons touching such offences, and may determine thereupon, and may punish such offences, either by moderate whipping, or by ordering the offenders to close confiaement in the dungeons of such house, and by keeping them upon bread and water only, for any term not exceeding three days.

XLVII. And be it f urther enacted, That if any offender who Enormous ofshall be committed to any such penitentiary house shall, during fenders to be the term for which he shall be so committed, be guilty of any th?governor offence which the governor of such house is not hereby autho- and reported* rised to punish, or for which the punishment which such gover- to the comnor is hereby authorised to inflict shall by such governor be mittee at their deemed not sufficient, by reason of the enormity of the offence, Rext meetlslS» or the repetition thereof, such governor may, and he is hereby required to confine such offender, either in his or her own lodging-room, or in one of the dungeons belonging to such house, till the next meeting of the said committee, and shall then report such offence, with the nature and particular circumstances thereof, and the name of the offender, to the said committee; and such committee shall have power to enquire of, upon oath, Committee to and determine concerning all such offences so reported to them g"rqnl|j[* ^ch as aforesaid, and shall order such offenders to be punished, 0tf"ncfs, and either by moderate whipping, or repeated whippings, by close to punish the confinement in one of the dungeons, with bread and water only offenders, for sustenance, for any term not exceeding one month, or by removing such offenders, if ranked in the second or third class, into any prior class, or by any or all of such punishments; and in cafe of removal into any prior class, the offender stiall, from the time of making such order of removal, go through such prior class, and also the subsequent class or classes, in the fame manner as under his or her original commitment, and for such additional time as such committee (hall think proper to order, so as the whole time of confinement, to be computed from such order of removal into such prior class, to the final discharge of the offender, shall not exceed the original term for which he or flie was committed.

XLVIII. And be it further enacted, That whenever by this Any one of act the said committee, or any two of them, are impowered or tne committee directed to make any enquiry, or receive any proof upon oath, ma^ adminiany one of the said committee is hereby authorised to tender and ^ an oa 1* administer such oath; and any two of the said committee may summon, or cause to be summoned, such witnesses as they shall think meet, to appear and give evidence before them; and if Penalty on any person, being duly summoned, shall refuse or neglect to persons sumappear, or being present, and competent to be a witness, shall ^jj|e^e^'r° refuse to be sworn, or being sworn, shall refuse to give evidence, appear, U&c!°

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such person (hall forfeit any sum not less than twenty (hillings, or more than, ten pounds, a£ the discretion of the said committee.

Committee to XLIX. And be it further enacted, That if the said cornreport to the rnittee shall at any time observe, or be satisfactorily informed, '"e^ t^ssizes^all °^ any extraor^lnary diligence or merit in any of the offenders renders who under their inspection, they (hall report the same to the justices shall manifest: of oyer and terminer, and gaol delivery, or great session at their extraordinary next or any subsequent session to be holden for the county in which diligence or fuc^ 0ffencjer was convicted; and such justices, if the offender

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who^ma ^"la^ ^e COininittec^ f°r a certain term of months or years, (hall ihortenTheir anc* m2y> ^ tne7 mall think proper, shorten the confinement of time of con- such offender, on condition that such offender, being a male, (halj tinement, &c. engage himself to serve in the sea or land forces, or without any condition, as to them in their discretion (hall seem meet; and if the offender shall be committed for life, in pursuance of a conditional pardon, such justices shall, if they think proper, report him or her to his majesty as an object of royal mercy, Male convicts, L. And be it further enacted, That after the delivery of any after they are such male offender into the custody of any such fuperintendant the su^ist0 Qr ^uPermten^antS as aforesaid, he (hall be confined in some tendan^stiall *ecure P^ace or vessel, to be provided for the sole purpose of rebe washed,and ceiving such offenders on their first arrival, and (hall be washed their clothes and cleaned, and his clothes (hall be burnt, if it is deemed changed, &c. necessary, and others provided for him; and he shall remain there for the space of sour days at the least, unless, during that time, he shall be found to be infected with any putrid or contagious fever, or other disease; in which case he snail be immediately sent to the hospital or infirmary, till such time as the surgeon or apothecary attending the same shall think it safe to remove him. on board one of the vessels appointed for the confinement of offenders in general, and to lodge him among the healthy convicts.

An hospital to Lf. And be it further enacted, That there shall be probe provided vided for the reception of such offenders, in the custody of tor the lick, every fuperintendant, as friall happen to be fick, or to be difcVc*> abled by any, wound or accident, a secure place or vessel, to

serve as an hospital or infirmary, with such proper assistants as may be necessary for their speedy recovery, but the whole to be under the charge and controul of such fuperintendant aforesaid* who (hall be liable to answer for the escape of any offender so likewise a lar^e removed to such hospital or infirmary; and there shall also be garden for & provided, by the said fuperintendant, a. large piece of ground, raising vegeta- securely fenced and inclosed, for a garden and airing-ground, in ufe^c^theoV wmc^ t^all ^e raised proper vegetables for the use of the offenders. e "fenders under the custody of every such fuperintendant who shall be at liberty to employ such of the invalid offenders, recommended for that purpose by the surgeon or apothecary, as the said fuperintendant shall think proper, and for whose escape he lhall be liable to answer, in the culture and management of. such garden/"

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