Page images
PDF
EPUB

LII. And be it further enacted, That, subject to the except Offenders, in tions and provisions aforesaid, every such superintendant or su- custody of the perintendants shall, during the term prescribed for the impri- b^einsonment and hard labour of every such offender, keep him to pi0yea in raisl hard labour, either in raising sand, soil, and gravel, or in any ingfand, &c. other laborious service, for the benefit of the navigation of the for the benefit Thames 1 or of such other navigable rivers, ports, harbours, or o(J^ "^j^ havens, as aforesaid, or in any other publick works upon the Thames &c% banks or shores of the fame; but when the said laborious fer-' vice shall be for the navigation of the Thames, then at such places only, and subject to such limitations and restrictions, as the master, wardens, and assistants of the trinity-house (haJJ, from time to time, prescribe.

LIII. Provided nevertheless, that such offenders (hall in no but not In decafe be employed in delivering tonnage or ballast to masters and hveringballait commanders of ships, but only in digging, raising, and taking ers o up the gravel, sand, and soil, from the shelves and sand-banks of the said rivers, ports, harbours, or havens, and in dischargeing the same upon the more, above the high-water mark, except in such cases where any embankment or sea-wall shall be directed to be made or repaired, or in some other laborious service for the benefit of such navigations, or for completing such other publick works as aforesaid.

LIV. And be it further enacted, That every offender, who Offenders to shall be ordered to hard labour in the custody os such superin- j>e ttd w,th jtendant or superintendants as aforesaid, mall, during the time mr^t ^^and of such service, be fed and sustained with bread, and any coarse water or small meat, or other inferior food, and water or small beer, and also beer, clothed, at the discretion and under the direction os such superintendant or superintendants; and such offender shall not, during the term of such service, be permitted to have any other food, drink, or clothing, than such as (hall be so directed ; and if Penalty on any person mall supply any such offender, at any time during PnsthUe^ the term of his said service, with any drink, food, or clothing, wnh^fnv other other than such as shall be so directed, or with any money, he food, &c. or she so supplying shall, for every such offence, forfeit a sum not exceeding ten pounds, nor under forty shillings.

LV. And be it further enacted, That if any offender, who Offenders who shall be so delivered to such superintendant or superintendants to refuse to work, be kept to hard, shall, during the term of such service, refuse or otherwise to perform any labour authorised by this act, or shall be guilty [hemseWes, of any other misbehaviour or disorderly conduct, it shall be law- maybe whipful for the superintendant or superintendants, having the custody ped, &c. of any such offender, to order such whipping, or other moderate punishment, to be inflicted upon him, as may be inflicted by law on persons committed to a house of correction for hard labour.

LVL And be it further enacted, That every offender, who Every offendfhall be delivered to such superintendant or superintendants to er» at the end be kept to hard labour in manner aforesaid, mall, at the end of of his confineshe term of such service, and upon being restored to his liberty, receivea^um

receive of money, not less than 20 s. receive from the superintendent or fuperintendants, under

T wkhde^ Wh°m hc lha11 have so ferved> fuch fum of TMoney> "ot being Lnt^cbthing. Jese tllaQ twen*y shillings, nor more than three pounds, in cafe be hath been confined for one year, and so in proportion sotany shorter term, together with fuch decent clothing as the court, into which such returns shall be made, as herein-after His Majesty, mentioned, (hall appoint: and if any such offender, whilst conon the good fined to hard labour in manner aforesaid, shall, by his industry offendtr^ira and 0t*ier g00cl behavi°ur, (hew fuch signs of reformation as flio^en^he ^ hiduce the said court to recommend him as an object of his term of their Majesty's mercy, and it (hall be thereupon signified, by a letter confinement, from one of his Majesty's principal secretaries of state, to the fuperintendant or fuperintendants as aforesaid, that his Majesty thinks fit, in consideration of such good behaviour, to shorten the duration o£such offender's term, such offender shall be accordingly set at liberty at the time mentioned in such letter, and shall, together with necessary clothing, receive a sum of money from his fuperintendant or fuperintendants, in proportion to the time of his confinement, according to the rates aforesaid; Offenders, and any such offender so dismissed at the end or other determiwho ^a11 con_ nation of his term, who snail procure any reputable master of a ^utTble ser-6" ^*P» or tradesman, or other substantial'lionfe-keeper, to take ^iceVor one him into service, or provide him with proper employment, for year from the one year then next ensuing, the fame to be approved by such time of their fuperintendant or fuperintendants, and who (hall serve accorddifmislion, to jnprjy {ha]i be entitled, at the end of the vear, to another sum be intitled to & J* . , , . , J, , • , r

a farther sum °* money, equal to that which was allowed him at the time or of money. his dismission.

Offenders la- LVIL Provided always, That no offender shall be dismissed bouring under out of the custody of the said fuperintendant or fuperintendants, acute distem- at the end or other determination of his term, unless at his own Sfimiffed'un^ reclueft) if he (hall then labour under any acute or dangerous less they desire distemper, nor until he can be safely discharged, it. LVI1I. And be it further enacted, That in case any of the

Directions re- faid offenders shall happen to die in the custody of fuch super- lanve to the jntendant or fuperintendants as aforesaid, they shall be buried fenders^ho" *n tne most commodious places adjacent to the several rivers, .thall die incus- ports, harbours, and havens, in or near which they ill all have tody of the su- been respectively employed, according to the forrn for burial perintendantf. prescribed by the liturgy of the church of England; and thev necessary charges of such funerals, and also of the coroners who (hall sit on the bodies of the offenders so dying in such custody, together with the necessary expences of providing such chaplains, surgeons, and apothecaries, as the faid fuperintendant or fuperintendants shall find it expedient, or shall be required by the court into which fuch returns as are herein-after mentioned (hall be made, from time to time, to employ in attending the offenders in his or their custody or custodies, shall be paid by such fuperintendant or fuperintendants, and brought to account in manner herein-after mentioned.

LIX. Pro

LIX. Provided always, That such chaplains so to be employed The chap, as aforesaid shall read morning and evening prayer, and preach lam'S dut^ a sermon after each, in every such place of confinement, on every Christmas-day, Good Fridayand Sunday throughout the year.

LX. And be it further enacted, That every %h superin- Superintendtendant shall, in the custody, treatment, and employment of ant, in the the offenders committed to his care, conform to and observe treatment and the several directions herein-before given for regulating the ^offenders*1 conduct of the governors of the said penitentiary houses, Ib far t0 observe the as the nature of the service in which the said offenders (hall be directions beemployed, and their different places and modes of confinement, fore given to will permit, and so far as is consistent with the other regulati- Qfethge°^ ons and orders contained in this act, with respect to the said ^ary houses"' offenders. &c.

LXI. And be it further enacted, That each of the governors Governors and fuperintendants of the several places of confinement to be and superinappointed by virtue of this act, shall keep a regular book or £endar»ts to books, for the purposes herein-after mentioned; and from books from1" thence, from time to time, shall make true and just returns, which returns specifying the names of all and every the person or persons who aretobe made, lhall be committed to their custody, the offences of which they the first day of

shall have been guilty, the court before which each person was f,!!ry term> t0

• o 1 1 r J r 1 1 j-i n , the court or

convicted, the sentence or the court, the age, bodily estate, and Kin^s Bench

behaviour of every such convict while in custody, and also the specifying the names of all and every the person or persons who shall have "ames and died under such custody, or (hall have escaped from such place' °fau°ese' fC* of confinement, or shall have been discharged from thence by commftYecTto order from one of his Majesty's principal secretaries of state, or their custody, otherwise; which returns (hall be made, the first day of every term, to his Majesty's court of king's bench, and (hall be verified on the oath of the person making the same.

LXII. And be it further enacted, That a state of the accounts A state of the of each of the said penitentiary houses (hall be laid before the each"^8 ^ justices of the peace for the county in which the fame shall be tiarv house to situated, four times in the year, at their general quarter sessions be said before of the peace, and the said accounts shall be then, or at any every quarter other adjourned sessions to be then appointed for that purpose, sessions for the inspected, and carefully examined; and if the said justices shall ^u^c observe any notorious waste to have happened, or any extrava- observe tIiey gant expences to have been incurred, or any other gross mis- notorious"^ management, they shall report the same to the justices of his waste, &c. are Majesty's court of king's bench, who shall immediately take *° reP0I"t the order therein, and check or redress the fame. court*ofhe

LXIII. And be it further enacted, That it shall and may be King's Bench* lawful for his Majesty to appoint one fit and able person to be His Majesty inspector of the two penitentiary houses to be erected by virtue may appoint of this act, and of the several ships and vessels, to be employed an inspector on the river Thames, for the confinement of offenders as afore- °f tA?e peni" said, and of all other gaols and places of criminal confinement houses^&c. • within the city of London and county of Middlesex-, which in- ** spector (hall personally visit and inspect every such place of confinement

who shall visit finement once at least in every quarter of a year, or oftener, if eve. insuPclf occ«slon shall require, and (hall diligently examine into the place of con- ^ve.r^ particulars herein-before directed to be returned to his finement once Majesty's court of king's bench, and also into the state of the a quarter, buildings, the behaviour and conduct of the respective officers, the treatment and condition of the prisoners, the amount of the several earnings, and the expences attending every such place of confinement, and shall make a faithful report of the same to and make a kcth houses of parliament, at the beginning of every session, and faithful report m matters of extreme or pressing necessity, (hall and may ot the state make a special report thereof to the justices of his Majesty's thereoFtobot-h court 0f king's bench, who shall immediately take order thereliament°LPthe in> and regu,ate or redress the fame; and such inspector (hall beginning of continue in such office during his Majesty's pleasure, and (hall every session, receive such salary as his Majesty (hall appoint, not exceeding two hundred pounds per annum, ■ LXIV. And be it further enacted, That the expences of Expences of carrying this act into execution, not herein-before specially executing th£ provided for, mall be annually laid before the house of com^ actnto beid J^0115? and after deducting thereout the nett profits, if any, fore the house arising from the earnings of the offenders who shall be kept to of commons, hard labour in any of the places of confinement to be appointed &c. by virtue of this act, (hall be provided for in the next supplies

to be granted to his Majesty by parliament.

LXV. And be it further enacted, That if any person who Punishment of ff13^ be ordered to hard labour in any of the places of confineperions order- ment to be appointed by virtue of this act, instead of being ed to hard la capitally punimed, shall, at any time during the term for which brearkWlrHbn11 or ^e f° ordered to confinement, break prison, or

ordcape'fYom e^caPe from the place of his or her confinement, or in his or lawful custo- her conveyance to such place of confinement, or from the perdy. son or persons having the lawful custody of such offender, he or

she so breaking prison, or escaping, (hall be guilty of felony, without benefit of clergy; but in case he or (he so breaking prison, or escaping, hath been ordered to hard labour instead of transportation, he or (he (hall be punished by an addition of three years to the term for which he or me, at the time of his or her breach of prison, was subject to be confined ; and if such person so punished by such addition to the term of confinement, shall afterwards be convicted of a second escape, or breach of prison, he or (he (hall be adjudged guilty of felony, without benefit of clergy.

LXVI. And be it further enacted, That if any person (hall If any person reftue an7 offender, who by force of this act, or any part of it, shall rescue, or shall be ordered to hard labour, in any place of confinement attempt to appointed by virtue of this act, either during the time of his or rescue, any iier conveyance to the place appointed for such hard (abour, or dfreddtoha"rd whilst such offender mal1 be in the custody of the person or periabtour-0ns under whose care and charge he or (he (hall be so confined; 'or if any person (hall be aiding or assisting in any such rescue; every such person so rescuing, aiding, or assisting, (hall be guilty

of of felony, and may be ordered to hard labour in any place of confinement appointed by virtue of this act, for any term not less than one, nor exceeding five years: and if any person hav- or any person ing the custody of any such offender as aforesaid, or being em- having the ployed by the person having such custody, as a keeper, under- f^h°o^der keeper, turnkey, assistant, or guard, (hall voluntarily permit ^11 voluntasuch offender to escape; or if any person whatsoever (hall, by rily permit his supplying arms, tools, or instruments of disguise, or otherwise, escape, be in any manner aiding and assisting to any such offender in any or any other escape, or in any attempt to make an escape, though no escape p^rson sll*11 be be actually made, or mall attempt to rescue any such offender, *n\ mgl ere" or be aiding and assisting in any such attempt, though no rescue be actually made, every such person so permitting, attempting, every such aiding, or assisting, shall be guilty of felony; and if any person person (hall having such custody, or being so employed by the person having be guilty of such custody as aforesaid, (hall negligently permit any such e ony* offender to escape, such person so permuting shall be guilty of a mesdemeanor; and, being lawfully convicted of the same, (hall be liable to fine or imprisonment, or to both, at the discretion of the court.

LXV1I. And, to the Intent that the prosecutions for escapes, Method os breaches of prison, and rescues, may be carried on with as little trou- tTMa1.and corlble and expence as is possible, be it further enacted, That any fenders for ^ offender escaping, breaking prison, or being rescued, in manner making escape aforesaid, may and (hall be tried before the justices of oyer and or breaking terminer, or gaol delivery, or at the great sessions for the coemty Prison s and of where he or (he (hall be apprehended and retaken; and in cafe ^cse of any prosecution for any such escape, attempt to escape, breach \n] W^ £f of prison, or rescue, either against the offender escaping, or attempting to escape, or having broke prison, or been rescued, or against any other person or persons concerned therein, or aiding, abetting, or assisting the fame, a copy, properly attested, of the certificate herein-before directed to be given to the sheriff, or gaoler by the clerk of the assize, or other clerk for the time being of the court in which such offender (hall be convicted, and by such sheriff or gaoler to be delivered, together with the offender, to such governor or superintendant as aforesaid, and by such governor or superintendant, to be transmitted to the clerk of the peace, to be filed with the records of the sessions, lhall, after proof made that the person then in question before the court is the fame that was delivered with such certificate, be sufficient evidence to the court and jury, not only of the nature and fact of the conviction itself, and the species of confinement to which such person was ordered, but also that the person then in question is the fame that was so convicted, and ordered to such confinement.

LXVIIL And be it further enacted, That any pecuniary Penalties of penalties created by this act, for the recovery of which no mode this act how to is herein-before prescribed, (hall be recoverable before two or be recovered more justices of the peace in the county, riding, division, city, anc* apphed. liberty, borough, town, or place, in which the offence (hail be committed, on proof of the offence by the oath or oaths of

one

« PreviousContinue »