papist shall act as clerk in any sheriff's office, upon pain of forfeiting £200, and incurring the other penalties and disabilities in the 2 Ann. c. 6. Ir. The 33 Geo. 3. c. 21. Ir. which repeals in general the disabilities of catholics, upon condition of taking and subscribing the oaths and declarations therein mentioned, does except, amongst others, the disabilities of being sheriffs or sub-sheriffs of counties.

c. 10. E. & L

13 Ric. 2. st. 1.

c. 15. E, & I.

19 Hen.7. c.10.

Eng.

With respect to gaolers. The 14 Edw. 3. st. 1. c. 10. Sheriffs' gaolers. E. &. I. recites that gaols were wont to be in ward of the 14 Edw. 3. st. 1. sheriffs, and annexed to their bailiwicks, and therefore enacts that sheriffs shall have the custody of the gaols as they were wont to have, and that they shall put in such keepers for whom they will answer. The 13 Ric. 2. st. 1. c. 15. E. & I. also rejoined the king's gaols to the bodies of counties. By the 19 Hen. 7. c. 10. Eng, every sheriff shall have the custody, rule, keeping, and charge, of every of the king's common gaols, prisons, and prisoners in the same, in the county whereof he is sheriff, during the time of his office, except such gaols whereof any person or body has the keeping, of estate of inheritance, or by succession. And this act annulled all patents made for lives and years of the keeping of said gaols, and of the constableships of any castles where such gaols were; but it is provided that neither the sheriff of the county of Surrey, nor any other sheriff, shall have the custody of the gaols of the king's bench and marshalsea. The 11 & 12 11 & 12 W. 3. W. 3. c. 19. s. 3. & 4. Eng. also declares that sheriffs Eug shall have the charge of gaols, without prejudice however to any person having any gaol by inheritance, for life, or years. The 3 Geo. 3.c.28.s. 1. Ir. enacts that no sheriff or 3 Geo. 3 c. 28. other person having the power of appointing a gaoler, shall by himself or any person in trust for him take any fee or gratuity, or reserve any rent payable out of any such gaol for such appointment, under the penalty of £500. one moiety to the king, and the other to the informer, to be recovered with full costs of suit by bill, plaint, or information, in any court of record.*

c. 19, s. 3 & 4.

s. 1. Ir.

*Vide page 219 Various humane and wise regulations have been made, Rules for reguby several statutes in England and Ireland, with respect and gaolers. to gaols and the treatment of the prisoners therein, as

well

lation of gaois

prisoners.

14 Eliz. c. 5.

Fng. 43 Eliz. c. Eng.

12 Geo. 2. c.29. Eng.

Charitable benefactions.

well as for correcting and restraining the oppressions and exactions of gaolers; of which the following outline will Sustenance of I hope be deemed sufficient:-The 14 Eliz. c. 5. Eng. 43 Eliz. c. 2. Eng. and 12 Geo. 2. c. 29. Eng. enable the justices of peace of every county, city, &c. in their general sessions to rate every parish for the relief and maintenance of poor prisoners in the gaols of such counties, &c. as well as in the king's bench and mar19 Car. 2. c. 4. shalsea. And the 19 Car. 2. c. 4. Eng. authorizes the Eng. justices in their general sessions to provide a stock of materials for setting poor prisoners on work, and to bestow the profits arising from their labour for their relief. And by the 32 Geo. 2. c. 28. s. 9. & 10. Eng. the courts of K. B. C. B. and Exc. justices of assize, (and great sessions) 32 Geo.2. c.25. justices of the peace, and commissioners for charitable uses, shall from time to time inquire concerning gifts and bequests to poor prisoners; who may send for papers and witnesses, and examine persons upon oath, and order and settle the payment thereof in such easy and expeditious way as they shall think proper; and a table of such benefactions, after every such settling thereof, shall be transmitted to the clerk of the peace, to be registered by him without fee; and another table to the gaoler, to be hung and kept by him in some conspicuous place in his gaol, where the prisoners may have easy resort thereto without fee. And for preserving the health of prisoners the 14 Geo. 3. c.59. 14 Geo. 3. c. 59. Eng. provides, that justices at the quarter Eng. sessions in England and Wales, shall order the walls and The health of cielings of the several cells and wards of the debtors,

s. 9. & 10. Eng.

più uners.

felons, and other prisoners, to be scraped and whitewashed, once a year at the least, and to be regularly washed and kept clean, and supplied with fresh air, by means of hand ventilators or otherwise, and to order 2 rooms in each gaol or prison, one for sick men, and the other for sick women, to which they are immediately to be removed when seized with any disorder; and to order a warm and cold bath, or commodious bathing tubs, in which the prisoners are to be washed, according to the condition in which they shall be at the time, before they shall be suffered to go out of such prisons upon any oc

"

casion

3. 2.

5.3

casion whatever; and they are further required to appoint an experienced surgeon or apothecary at a stated salary, to attend each gaol and to report to the justices at the quarter sessions the state of the health of the prisoners under his superintendance. And the justices are by s. 2. further authorized to order cloaths to be provided for the prisoners when they shall see occasion, and to prevent prisoners from being kept under ground when it can be done conveniently, and to make such other orders from time to time for restoring or preserving the health of prisoners as they shall think necessary, and to have the courts within their jurisdictions ventilated. And this act, s. 3. provides for defraying, the expenses attending the execution of this act out of the respective county rates, or out of the public stock of such cities or places having exclusive jurisdiction, to which such gaols, &c. belong. And any gaoler who shall neglect or disobey the orders of such justices, is hereby liable to be fined at the discretion of the judges of assize, or of the justices in their quarter sessions, upon complaint in a summary way, and to be committed in case of non-payment. And the justices are by s. 1. to order this act to be painted in large and legible characters upon a board, and hung up in some conspicuous part of every gaol and prison. The 13 Geo. 3. c. 58. Eng. authorizes the justices at their 18 Geo.3. c.58. quarter sessions, to appoint clergymen to officiate and perform divine service, according to the rites of the church Religious duties, of England, in the several gaols within their jurisdiction; and to ascertain and settle the number of such clergymen, the nature of the religious duties to be performed, and the salaries to be paid them respectively not exceeding £50. a year, which (by s. 2.) are to be paid by the trea surers of the counties, out of the county rates, upon the certificate of the chairman of the quarter sessions. It is a provision of the 22 & 23 Car. 2. c. 20. s. 13. Eng. that 22 & 23 Car. 2. sheriffs or gaolers shall not suffer felons, and prisoners

4

Eug.

c. 20. s.13. Eng.

for debt, to be lodged together in one room, under pain Felons and of forfeiting their offices and treble damages to the party parate. grieved. And the 24 Geo. 2. c. 40. Eng. provides that 4 Geo. 2. c.40. Eng. no gaoler or keeper of any gaol, prison, or house of correction shall sell, lend, use, give away, or suffer spi

Use of spirituous rituous liquors within any gaol, except by the prescription Liquors prohibit- and direction of a regular physician, surgeon, or apo

ed.

S. 14.

s. 15.

thecary, under pain of forfeiting £100. to the king and to such person as shall sue for the same in any court of record at Westminster, or in the court of exchequer in Scotland, by action of debt, &c. and a second conviction for such offence is to be deemed a forfeiture of the office. And by this clause all licenses granted for the retailing of spirituous liquors within any gaol, &c. are declared void. By s. 14. any justice upon information that such liquors are kept and disposed of in any gaol, &c. is empowered to enter and search, or to authorize a peace officer for that purpose, and to seize, stave, and destroy the same. And by s. 15. any person convicted before a justice of the county, &c. upon the oath of one witness of carrying or attempting to carry such liquors into any gaol, &c. contrary to this act, is to be committed to prison, or to the house of correction for any time not exceeding 3 months, unless he shall pay such fine, not exceeding £20. nor less than £10. as such justice shall impose, one moiety to the informer and the other to the use of such gaol, &c. And these 3 clauses are by s. 16. required to be printed or fairly written, and hung up by every gaoler, &c. in one of the most public places of his gaol, &c. and to be renewed from time to time, under a penalty of 40s. upon conviction before a justice, by the oath of one witness or upon the view. 24 Geo.3. c. 54. By the 24 Geo. 3. c. 54. s. 22. Eng. a penalty of £10. is $. 22. Eng. imposed upon any gaoler, or person in trust for or employed by any gaoler, who shall suffer tippling or gaming in any prison, or shall sell or suffer to be sold any wine, beer, ale, or other liquors, or shall have any beneficial concern in the sale of any liquors or in any tap-house, tap-room or tap, upon conviction before any two justices; one moiety of said penalty, after deducting the charges of recovering the same, to be paid to the informer, and the other to the use of the prisoners confined within such gaol; to be levied by distress, &c. or in case of no sufficient distress, such justices are empowered to commit any such offender to the house of correction for the county

$. 16.

Gaming also prohibited.

county or place where the offence shall be committed, for any time not exceeding 3 calendar months, unless such penalty and all reasonable charges shall be sooner

gaolers restrain.

paid. The 32 Géo. 2. c. 28. Eng. enacts that a table of 32 Geo. 2.c. 28.
s. 5.& 6. Eng..
fees shall be settled, which are to be taken by the keepers
of the several gaols in London, Middlesex, Surrey, and Extortion of
other places in England and Wales; and also that proper ed.
rules and orders shall be made for the better government
of such gaols; and duplicates of such orders and tables
of fees as respect the gaols belonging to the courts in
Westminster-hall are required to be inrolled in such
courts respectively, and duplicates of such orders, &c.
as concern the gaols in the other parts of England, are
to be transmitted to the respective clerks of the peace,
to be by them registered in the rolls of the respective
sessions and such clerks of the peace are thereby re-
quired to cause another copy thereof to be hung up, in
all courts of assize, great sessions, and quarter sessions,
and another copy to be transmitted to every gaoler within
their respective jurisdictions; and such gaolers are to
have the same hung up conspicuously in some public
room or place in their several gaols, so that the prisoners
may have free resort thereto at seasonable times in the
day time. And by s. 7. the courts in Westminster are
directed to inquire in every Michaelmas Term, whether
such table of fees and such rules and orders were hung

up
and complied with, and to give notice to the prisoners
of the respective prisons belonging to such courts, of
the day appointed for such inquiry. And by s. 8. the
judges of assize and great sessions are to make the like
inquiry upon their circuits, and to supply and redress
whatever shall be neglected or transgressed, and to charge
also the several grand juries to make inquiries concerning
the same. By s. 11. the said courts (or any judge thereof
in vacation time) and the judges of assize and justices
of great sessions, as also the judges of all inferior courts
of record, are authorized and required, upon the petition
of any prisoners complaining of any extortion or other
abuse by any gaoler, bailiff, or other officer, to determine
the same in a summary way, and to make such orders for
redressing

s. 7.

s. 8.

s. 11.