[AS AMENDED IN COMMITTEE.]

ARRANGEMENT OF CLAUSES.

Preamble recites Acts 2 & 3 Vict. c. 42. and 7 & 8 Vict. c. 34.

Recited Acts to continue in force until altered; Sect. 1.

Repeal of Appointment of Lord Justice General and Lord Justice Clerk to be Members of General Board; 2.

No Assessment to be levied in Counties in which Prisons are not to be built, altered, or repaired; 3.

Lands contiguous to Prisons may be acquired; and Act 8 Vict. c. 19. incorporated; 4.

In certain Burghs, Magistrates may commit Prisoners to any Gaol within the County; 5.

Juvenile Male Offenders may be privately whipped; 6.

Sentences of Imprisonment may be accompanied with Hard Labour, and Rules in respect thereof to be made, and to be approved of by One of Her Majesty's Principal Secretaries of State; 7.

County Prison Boards may cause Sentences of Imprisonment (subject to Rules of General Board and Secretary of State) to be accompanied with Hard Labour; 8.

SCHEDULE.

z l l l l l l l l l l

(Scotland.)

A

BILL

[AS AMENDED IN COMMITTEE]

ΤΟ

Amend certain Acts for the Improvement of Prisons and Prison Discipline in Scotland.

[Note.-The Clauses A. B. and C. were added by the Committee.]

W

HEREAS an Act was passed in the Second and Third Preamble.
Years of the Reign of Her present Majesty, intituled

"An Act to improve Prisons and Prison Discipline in 2 & 3 Vict. "Scotland;" and another Act was passed in the Seventh and Eighth c.42. 5 Years of the Reign of Her present Majesty, intituled "An Act to 7 & 8 Vict. "amend, and continue until the First Day of September One thou- c.34. "sand eight hundred and sixty-one, and to the End of the then "next Session of Parliament, the Law with respect to Prisons and "Prison Discipline in Scotland:" And whereas it was by the said 10 Second Act enacted, that the said First Act as amended by the said Second Act should continue in force until the First Day of January One thousand eight hundred and sixty-one, and from thence to the End of the then next Session of Parliament: And whereas it is expedient that the said Acts should be altered and amended: Be 15 it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same,

297.

A

I. That

Recited Acts to continue

in force until altered.

of Lord Jus

and Lord

Justice Clerk to be Mem

I. That the said recited Acts, as hereby amended, and this Act, shall continue and be in force during the Period granted by the said lastrecited Act, and shall be held and construed as if the same formed One Act.

Repeal of II. That, seeing that Actions may be brought before the Court of 5 Appointment Session in which the General Board may eventually be a Party, and tice General it is inexpedient that any Judge of the said Court should be a Member of the General Board, so much of the said first-recited Act as appoints the Lord Justice General in Scotland and the Lord bers of Gene- Justice Clerk for the Time being to be Members of the General 10 Board of Directors of Prisons in Scotland shall be and the same is hereby repealed, and the Lord Justice General and Lord Justice Clerk respectively shall hereafter cease to be Members of the said General Board accordingly.

ral Board.

CLAUSE A. Assessments not to be levied in Counties in which Pri

sons are not to be built, altered, or repaired.

Lands contiguous to

Prisons may

and Act

8 Vict.

III. That the Assessment authorized by the Thirty-sixth Section 15 of the said first-recited Act to be levied for defraying the Expense of building, altering, and repairing local Prisons, and the additional Sums thereby authorized to be assessed and levied for these Purposes, shall not be assessed and levied, or shall not continue to be assessed and levied, in any County in which it shall not be necessary to build, 20 alter, or repair any local Prison, or after the Expense of building, altering, or repairing any local Prison shall have been defrayed and satisfied, and the Debt, Principal and Interest, contracted for such Purpose shall have been paid and extinguished; provided, nevertheless, that for defraying the Expense of carrying the said recited 25 Acts and this Act into execution it shall be lawful to assess and levy in the Manner prescribed by the said recited Acts and this Act any Sum that may be necessary for that Purpose.

IV. That it shall be lawful for any County Prison Board, subject to the Provisions of the said recited Acts, to purchase, take, and 30 be acquired, acquire such Lands contiguous to any Prison as shall by such County Prison Board be deemed necessary for the Purposes of enlarging or c. 19. incor- rendering more commodious any such Prison; and to enable such porated. County Prison Board to purchase, take, and acquire such Lands, "The Lands Clauses Consolidation (Scotland) Act, 1845," in so far 35 as applicable to and not inconsistent with, or not otherwise provided for, or not altered and varied by, this or the said recited Acts, shall be incorporated with and form Part of this Act; and the Words "Promoters of the Undertaking" in the said Lands Clauses Consolidation Act shall apply to and include any County Prisons Board seeking to 40 acquire Lands under this Act.

V. That

66

CLAUSE B.

of certain

soners to

County.

V. That where, within the Limits of any Burgh or Place being a Magistrates Burgh" in the Sense of an Act passed in the Session of Parliament Burghs or holden in the Thirteenth and Fourteenth Years of the Reign of Her Places may present Majesty, intituled "An Act to make more effectual Provision commit Pri5" for regulating the Police of Towns and populous Places in Scotland, any Gaol "and for paving, draining, cleansing, lighting, and improving the within the same," there shall be no legal Prison, or no Prison with adequate Accommodation, it shall be competent and lawful to the Police Magistrate or Magistrates of any Burgh acting under the said last10 recited Act to commit Prisoners to any Gaol within the County in which any such Burgh is situated, in such and the like Manner as such Magistrate or Magistrates would have been entitled to commit Prisoners to the Gaol of such Burgh if there had been a Gaol therein.

15

CLAUSE C.

Male Offenders may

VI. That it shall be lawful for every Judge or Magistrate competent, Juvenile in the Case of any Juvenile Offender, being a Male, whose Age, in the Opinion of such Judge or Magistrate, shall not exceed Fourteen be punished Years, to adjudge such Offender, instead of Imprisonment, or of by private Whipping. Imprisonment and Hard Labour, or in addition to Imprisonment, or 20 Imprisonment and Hard Labour, to be punished by private Whipping in such Manner and according to such Regulations as shall be made by the Lord Advocate of Scotland in that Behalf, and sanctioned by One of Her Majesty's Principal Secretaries of State.

ment may be

Labour, and

to be made,

VII. That in all Cases in which a Sentence of Imprisonment may Sentence of 25 be awarded for any Crime or Offence by any Criminal Court in ImprisonScotland, it shall be competent for such Court to insert in such accompanied Sentence of Imprisonment an Order that such Imprisonment shall, with Hard during the whole or any Part of the Term thereof, be accompanied Rules in rewith Hard Labour, and such Imprisonment shall in every Case spect thereof 30 of such Order be so accompanied accordingly; and it shall be and to be competent to the General Board, from Time to Time as they approved of by One of shall see Occasion, to make and submit to One of Her Majesty's Her MaPrincipal Secretaries of State Rules as to the Mode of carrying out jesty's Prinsuch Sentences of Hard Labour; and it shall be lawful for such taries of cipal Secre35 Secretary of State, if he shall think fit, to alter such Rules, and to State. make additional Rules, and he shall grant a Certificate that such Rules as submitted to him, or altered or added to, are proper to be observed and enforced, and upon such Certificate being granted such Rules shall be by the Secretary of State transmitted to the 40 General Board, and shall be effectual; and such Rules shall be entered in the Record of their Proceedings which by the said first-recited Act the General Board are directed to keep; and such Rules shall also be contained in the Annual Report made for the Year in which 297.

the