How Prisoners may be set on Work.

THE juftices in their general feffions, if they find it needful, may provide a stock of such materials as they find convenient for the fetting poor prisoners on work, to be paid for by the treasurer out of the general county-rate; and may pay and provide fit perfons to oversee and fet fuch prisoners on work; and make fuch orders for accounts concerning the premifes, as fhall be thought needful, and for punishment of neglect and other abufes, and for beftowing the profits arifing by the labour of the prifoners for their relief. Provided that the fum to be fo paid do not exceed the rate of 6d. a week for any one parish.

How they shall be restrained and kept.

19 C. 2. c. 4.

12 G. 2. c. 29.

THE county gaol is the prifon for malefactors; but pri- L. Raym. 136. foners for debt, where efcape lies against the sheriff for their efcaping, may be kept in what place the fheriff pleases.

But on emergent occafions, as in cafe of infectious diseases, 19 C. 2. c. 4. the fheriff or gaoler, with the advice and confent of three of more juftices (12) may, if they fhall find it needful, provide other fafe places (with the owner's confent) for the re

moval of fick or other perfons out of the ufual gaols.

The gaoler fhall not put, keep, or lodge prifoners for debt 22 & 23 C. 2. and felons together in one room or chamber; but they shall c. 20.

be put, kept, and lodged feparate and apart from one another in diftin&t rooms; on pain of forfeiting his office, and treble damages to the party grieved.

The juftices, in their feveral quarter-feffions, fhall order 14 G. 3. c. 59. the walls and cielings of the several wards, both of the debtors and felons, and alfo of any other rooms ufed by the prifoners in their refpective gaols where felons are ufually confined, to be fcraped and white-washed once in the year at least; and to be regularly washed and kept clean, and conftantly fupplied with fresh air by hand-ventilators or otherwise; and fhall order two rooms in each gaol, one for the men, and the other for the women, to be fet apart for the fick prifoners, directing them to be removed into fuch rooms, as foon as they shall be feized with any diforder, and kept feparate from thofe who fhall be in health; and fhall order a warm and cold bath, or commodious bathing tubs, to be provided in each gaol, and direct the prifoners to be washed in fuch warm or cold baths or bathing tubs, according to the condition in which they fhall be at the time, before they are fuffered to go out of the gaol upon any occafion whatsoever. And they

fhall

shall order this act to be printed in large and legible characters upon a board, and hung up in fome confpicuous part of the gaol. And they fhall alfo appoint an experienced furgeon or apothecary, at a ftated falary, to attend the gaol, who fhall report to the juftices, at each quarter-feffions, a ftate of the health of the prifoners under his care.- And they fhall have power, in their faid quarter-feffions, to order cloaths to be provided for the prifoners, when they fee occafion; and to prevent the prifoners from being kept under ground, whenever they can do it conveniently; and to make fuch other orders, from time to time, for reftoring or preferving the health of prisoners, as they fhall think neceffary; and alfo to direct the feveral courts of juftice within their refpective jurifdictions to be properly ventilated And if the gaoler fhall neglect or difobey the orders of the juftices, he may be proceeded against in a fummary way, by complaint to the judges of affize, or to the justices in their quarter-feflions.

Gaols.

24 G. 3. f. 2. JUSTICES in fellions, upon presentment by the grand jury,

c. 54.

are enabled to build and repair gaols in their respective

counties.

The juftices are to give notice, three times at least, in fome public paper, of fuch prefentment having been made, and of their intention to take the fame into their confideration, at the next, or fome other general quarter-feffion; and after fuch confideration, they fhall give notice of their intention to contract with perfons for repairing, rebuilding, or enlarging fuch gaol. Such contracts to be entered in a book, to be kept by the clerk of the peace, liable to be inspected by the juftices, or any perfon contributing to the rates of the county, &c. without fee or reward.

If the prefentment fets forth that the place wherein the old gaol is fituate is improper, the faid juftices may build a new gaol in any part of the county, &c. provided three-fourths in number of the juftices affembled at two fucceffive quarterfeflions, after due notice as aforefaid, fhall approve of fuck removal, but not otherwise.

The juftices in their choice of the ground, and in determining their plans, fhall purfue fuch measures as hall provide feparate and diftinct places of confinement, and dry and airy cells, for prifoners of the following defcriptions by day and night, viz. Prifoners convicted of felony; prifoners committed on charge or fufpicion of felony; prifoners committed for or adjudged to be guilty of mifdemeanors; and debtors: the

males

males of each clafs to be feparated from the females and a feparate place of confinement for fuch prifoners as are to be examined as witneffes on behalf of any profecution of an indictment for felony: feparate infirmaries, or fick wards, for men and women; and alfo à chapel; and convenient warm and cold baths, or bathing tubs, as directed by 14 G. 3. c. 59.; and care shall be taken that the prifoners shall not be kept under ground.

The juftices may purchase lands, houfes, &c. for building, 24 G. 3.feff. 26 enlarging, and accommodating fuch gaols.

c. 54.

The theriff may remove the prifoners to fuch houfe or Id. houses of correction belonging to fuch county, &c. as the juftices fo affembled, with the consent of the said sheriff, fhall approve of; and fhall confine them there, while the new gaol is building, or the old gaol is repairing or enlarging the expence of fuch removal to be paid by the county, city, divifion, &c.

The justices at their general quarter-feffions may nominate I. and appoint one or more juftice or juftices to vifit and fuperintend the gaols, and make report of the flate thereof to the court of the faid general quarter-feffions; which court on fuch report may order and direct any fum or fums of money not exceeding zool. in any one year to be laid out in repairing fach gaols; tho' fuch warrant of repair fhall not have been prefented by the grand jury and any one or more justice or juftices may order accidental damages to be repaired immediately, fo far as may be neceffary and fufficient for the fafe cuftody of the prifoners; and fuch juftice or juftices fhall report the fame to the next court of general quarter-feffions; which court is hereby authorized to order the payment of fuch monies as have been neceffarily expended on fuch repairs.

Expences of rebuilding or repairing county gaols are to be Id defrayed by the county rates: but when the estimate fhall exceed one half of the amount of the annual county rate, taken on a mean proportion for the last five years, the juftices in their quarter-feffions may borrow on mortgage of the rates fuch fums not less than 5ol. nor more than 100l. each, at legal or lower intereft, as to the major part of them (not being less than five) shall appear neceffary and expedient: fuch agreements, figned by the chairman and two or more justices prefent at making the order, to be an effectual fecurity.

All perfons, to whom fuch fecurities fhall be made, may 14 transfer them to any others. The juftices may charge the county rates not only with the intereft of the fums fo borrowed, but also with the payment of a further fum, equal at leaft to fuch intereft; which laft fhall be applied to the dif charge of fo many of the principal fums, as it will extend to

S

discharge

difcharge in each year; till the whole, both principal and intereft fhall be fully paid and discharged.

All receipts and payments are to be entered in a book, to be kept by a proper perfon, and infpected by the juftices at every feffions and if the perfon appointed to keep the account fhall not have applied the money to the purposes hereby directed, he shall forfeit double the amount. The justices fhall direct in what order the fecurities fhall be difcharged by lot or otherwife, difcharging fuch firft, which shall bear the higheft intereft. The whole money to be paid, within a limitted time, not exceeding 14 years.

Bodies politic and guardians may fell and convey lands for the purpose of erecting new gaols, or enlarging the old ones: but if the purchafe money of fuch lands fhall exceed 100l. it fhall be laid out in purchase of lands, &c. fubject to the fame ufes, and till the purchases are made, it fhall be laid out in government fecurities; whether it be more or lefs than 100l.

If the parties refufe to treat, the juftices in feffions, or any two or more appointed for that purpofe, fhall enquire into the value of fuch houfes, &c. and fhall afcertain it by a jury of indifferent men, whofe verdict fhall be final.

The juftices, or any two of them, may iffue their warrant to the fheriff or bailiff, requiring him to impannel, fummon, and return 24 qualified perfons, out of whom they fhall draw by ballot, and fwear, or caufe to be fworn, 12 men, who fhall be the jury for the purpofe aforefaid. And fuch justices may impofe a fine of not more than 1ol. nor lefs than 20s. on any fheriff or bailiff, &c. making default herein: expences of the jury to be borne by the building fund, if adjudged to be worth more, and by the feller, if lefs, than the justices had offered.

On payment of the money, or leaving it in the hands of fuch perfons as the juftices in feffion fhail appoint, the juftices, or any two of them, may take poffeffion of the premiles.

Where the county is divided into feveral ridings, the juftices for the feveral divifions, in the next general quarterfeflion after the prefentment of the gaol, may nominate three or more justices, who fhall within one month (due notice having been given to the juftices by the clerk of the peace of fuch divifions refpectively) meet and affemble at fuch gaol. And the faid juftices, or the major part of them (fuch major part not being lefs than five) fhall hold a fpecial feffions at the faid gaol, for receiving plans, contracts, &c. and the faid laft mentioned juftices fhall make their report to the general quarter-feffions of the peace of fuch ridings, of the feveral plans and eftimates, and alfo of the expence neceffary to be raised, on each riding as their quota of the expence to be incurred; which fums fhall be raised after the manner of county rates.

N.

No justice doing any thing in the execution of this act fhall 24 G. 3. f. 2. be capable of having any beneficial intereft or concern whatfo- c. 54. ever, in any contract or agreement, nor fhall receive any beneat or emolument for any defign or plan which he may deliver or produce.

The juftices at their feffions, or at fome fpecial adjournment Id. held for that purpose, may appoint fuch falaries and allowances to gaolers as they fhall think proper, in lieu of the advantages which might arife from the fale of liquors in the gaols fuch falaries to be paid by the treasurer of the county, city, &c. when figned by the chairman of the feffions. But fach certificate of falaries is not to be figned by the chairman, till they fhall have been fettled at a general quarter-feffions, or at fome special adjournment thereof; of which feffions or adjournment, notice shall have been given at least 14 days before in the public papers by the clerk of the peace.

No gaoler from June 24, 1785, fhall fuffer tippling or Id. gaming in the prifon, or fhall fell, or fuffer to be fold, any wine, beer, ale, or other liquors, or have any intereft in the fale thereof, under the penalty of 10l. for every fuch offence; to be recovered by diftrefs, on confeffion, or the oath of any witness or witneffes, which oath the juftices are hereby empowered to adminifter.

The penalty, after charges of recovering it are deducted, Id. fhall be paid, one moiety to the informer, and the other to the ufe of the prifoner; and on failure of diftress, the offender to be committed to the house of correction for three months, or till the penalty and all reasonable charges shall be paid.

Juftices fhall caufe the conviction of any perfon offending Id. against this act to be drawn up in this form:

day of

in the

Be it remembered, that on the year of the reign of his Majefty A. B. is convicted before of his Majefty's juftices of the peace for the jaid by virtue of an act of parliament made in the 24th year of the reign of his Majefty King George the third, entitled, An a to enable juftices of peace to build and repair gaols in their repective counties, of [here fet forth the offence, and the time when, and place where the fame was committed. Given under our hands and feals, the day and year aforefaid.

Form of mortgage, and charge upon the county rates for fecuring fums borrowed, is at the end of the act, and needs not to be inferted here.