who may pu- punish fuch officer or fervant by forfeiture of office, by any fine not exceeding ten pounds, and by imprisonment for any term not exceeding fix months, or by any one or more of fuch punishments, as the faid committee fhall, in their difcretion, think proper.

nish him by fine and imprifonment.

Offenders,

when brought to the penitentiary houfes, to be feparately lodged, and wahed, and examined by the lurgeon;

XXXVII. And be it further enacted, That when any offender, who shall be ordered to hard labour in either of fuch houses as aforesaid, shall be brought thither in pursuance of the powers contained in this act, he or the shall be separately lodged, and washed, cleanfed and purified, and fhall then be examined by the furgeon or apothecary, and fhall continue in such separate lodging until it be certified by fuch furgeon or apothecary that he or the is fit to be received among the other convicts, and the clothes in which he or she shall then be clothed shall be burnt, if neceffary, or otherwife fhall be fold and difpofed of, at the difcretion of the governor, and the produce thereof fhall be accounted for to the committee aforefaid; and fuch offender shall not be dismissed at the end or other determination of his term, unless at his own request, if he shall then labour under any acute or dangerous distemper, nor until he can be fafely discharged; and when dif- and when fuch offender fhall be finally discharged, fuch other charged, to be decent clothing as fhall be judged neceffary and proper by the decent cloth- committee aforefaid, fhall be delivered to fuch offender, and also ing and mo- fuch fum of money, for his or her immediate fubfiftence, as the ney; faid committee fhall think proper, fo as such sum shall not exceed three pounds, nor be less than twenty fhillings, in case such offender shall have been confined in fuch penitentiary house for the space of one year, and fo in proportion for any shorter term and after hav- of confinement; and if fuch offender, at the end or other detering continued mination of his or her term, fhall procure any reputable master in a reputable of a fhip, or tradesman, or other substantial house-keeper, to service for one take him or her into fervice, or provide him or her with proper

furnished with

year, to be

intitled to a further fum

of money.

The offenders

to be divided

into three

claffes, and the eim of their

confinement

to be divided

into three

equal parts, SEC.

employment for one year then next enfuing, the fame to be approved by the committee aforefaid, he or she, having ferved accordingly, fhall be entitled at the end of the year to another fum of money, equal to that which was allowed to him or her at the time of his or her difmiffion.

XXXVIII. Provided always, and be it further enacted, That the feveral offenders to be fent to each of fuch penitentiary houfes thall be divided into three claffes, which fhall be called The First, Second, and Third Class; for which purpose the time for which fuch offenders fhall feverally be committed (hall be divided into three equal parts; and during the first part of the time of the imprisonment of every fuch offender, he or she fhall be ranked in the first class, and during the second part of such time, he or the fhall be ranked in the fecond clafs, and during the third and last part of such time, he or the shall be ranked in the third class; and the confinement and labour of fuch offenders as fhall from time to time be ranked in the first class, fhall be the most strict and fevere, and the confinement and labour of the offenders ranked in the fecond class, fhall be more mode

rate,

rate, and the confinement and labour of those ranked in the third clafs, fhall be still more relaxed; which feveral degrees of confinement and labour, fo to be affixed to each class, shall from time to time be fettled by the said committee, by orders of regulation to be approved of in manner aforefaid, but so as not to defeat or elude the special provisions made and appointed by this

act.

third clafs as fervants, &c.

be furnished.

XXXIX. Provided alfo, That it fhall and may be lawful to Governormay and for the governor of each fuch houses to employ, at his dif- employ offencretion, any of the offenders aforefaid, who shall be ranked in ders in the the faid third clafs, as fervants, overfeers, or affiftants, in the management of the works, and care of their fellow prifoners, inftead of being confined to fuch their daily labour as aforefaid. XL. And be it further enacted, That each of the lodging- How the lodg rooms which fhall be appointed in the faid penitentiary houfes, ing rooms fhall for the offenders fo confined therein, fhall be provided with an iron bedstead, with matting for lying upon, one or more hempen fheets, a coverlet, and two or more coarse blankets; and no perfon, except the officers and fervants of the house, and fuch perfon or persons as fhall he authorised by order of any two of the committee aforefaid, fhall be permitted to go at any time. into fuch lodging-rooms, or to fee or converfe with the offenders; and every night of the year the doors of all fuch lodg- The doors to ing-rooms fhall be locked, and all lights therein extinguifhed, be locked, and after the hour of nine; and a watchman fhall patrole each of lights extinfuch penitentiary houfes at least twice in every hour during the guifhed, every night, and until return of the time of labour in the morning of night at nine. the next day.

XLI. Provided always, That it fhall and may be lawful for Juices for any juftice or juftices of the peace, acting for the county or place the county wherein such penitentiary houfes, or places of confinement, to the penitentimay inspect be provided in purfuance of this act, fhall be fituated, at all fea- ary houfes, &c. fonable times, to visit and inspect every part of fuch penitentiary at all seasonhouses, or places of confinement, in order to make report to the able times. quarter feffions, or give notice to the inspector, hereinafter men

tioned, of any abuse or mismanagement which he or they may

obferve therein.

prayers, and

XLII. And be it further enacted, That the chaplain fhall read Chaplain to morning and evening prayers, in the chapel of each of fuch read morning penitentiary houfes, and preach a fermon both morning and and evening afternoon, on every Sunday in the year, and alfo on every preach two Christmas-day and Good-Friday; and all the offenders confined fermons,every in such house, who shall not be disabled by illness, fhall attend Sunday, &c. the faid prayers and fermons, which fhall alfo be attended by the refident officers, and by the fervants of fuch houfe, or fuch of them as can be fpared from their feveral employments, and fhall not be prevented by illness; and the faid chaplain thall and to vifit the offenders, vifit, with the leave of the governor, any of the offenders, either with the gofick or in health, that may defire or ftand in need of his fpiritual advice and affiftance, provided that fuch vifitation, to such of

Ff3

the

vernor's leave.

the offenders as fhall be in health, fhall not interfere with their
ftated hours of labour.

Large yards,
XLIII. And be it further enacted, That there fhall be, ad-
properly le- joining to each of fuch penitentiary houses, one or more large
cured. to be
and airy yards or places, inclofed and properly fecured, in
adjoining to
the peniten-
which, and on the top of fuch houfe, if the building will admit
tiary houfes, fuch a convenience, the offenders ordered to be confined in
for the offen- fuch houfe thall be permitted to walk and air themselves, for
ders to walk in fuch stated time as their health may require, and the governors
and air them- fhall refpectively permit; and if proper employment can be

1elves.

Offenders, when fick, to be vifited by the furgeon, and, if neceffary, to be fent to the infirmary.

Two of the

committee to

attend at each penitentiary houfe every fortnight, when they fhall fee the

offenders, and infpect the

accounts of

the governor and tore

found, fuch offenders may also be permitted to work in fuch
yards, instead of their lodging rooms or work-rooms; but fuch
airing or working in fuch yards fhall never be permitted unlefs
in the prefence or within the view of the governor or task-
mafter, or some of their fervants or affiftants.

XLIV. And be it further enacted, That in cafe any fuch of-
fender shall appear to be fick, he or she shall be vifited by the
furgeon or apothecary attending fuch houfe, and if the ficknefs
be found to be real, the faid furgeon or apothecary thall report
the fame to the governor; who fhall, if the fickness be of fuch
a nature as to require it, order fuch offender to be fent to the in-
firmary belonging to fuch houfe, and to be entered in a book
to be kept for that purpose as fick; and when fuch offender fhall
have so far recovered his or her health, as that the faid furgeon
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 faid apothecary fhall fo report, the faid governor fhall order
fuch offender to be brought back to his or her lodging-room,
and to be again employed in labour, fo far as fhall be confiftent
with the health of fuch offender.

XLV. And be it further enacted, That the faid committee, or any two of them, thall attend at each of the said penitentiary houfes once at least in every fortnight; and on every fuch attendance shall examine the state of fuch house, and shall fee every offender confined there, and not difabled by fickness; and fhall inspect the accounts of the governor and storekeepers, and alfo examine the conduct and management of fuch house, and the behaviour of the officers thereof, and of the offenders confined. therein; and the faid committee are hereby authorized and im-, powered to confer rewards and encouragements on fuch of the keepers, &c. faid offenders as fhall appear the moft diligent and meritorious, by giving them a fmall 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 fuch penitentiary houfes fhall have power to hear all complaints of cer- plaints touching any of the following offences; that is to fay, tain offences, difobedience of any of the orders of the house; affaults by one and to punish person confined in such house upon another, when no dangerous

Governor impowered to hear com

the offenders.

wound

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

XLVII. And be it further enacted, That if any offender who Enormous ofshall be committed to any fuch penitentiary houfe fhall, during fenders to be confined by the term for which he fhall be fo committed, be guilty of any the governor, offence which the governor of fuch house is not hereby autho- and reported rised to punish, or for which the punishment which fuch gover- to the comnor is hereby authorised to inflict fhall by fuch governor be mittee at their next meeting. deemed not fufficient, by reafon of the enormity of the offence, or the repetition thereof, fuch governor may, and he is hereby required to confine fuch 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 faid committee, and fhall then report fuch offence, with the nature and particular circumstances thereof, and the name of the offender, to the faid committee; and fuch committee fhall have power to enquire of, upon oath, Committee to and determine concerning all fuch offences fo reported to them enquire conas aforefaid, and fhall order fuch offenders to be punished, offences, and either by moderate whipping, or repeated whippings, by clofe to punish the confinement in one of the dungeons, with bread and water only offenders. for fuftenance, for any term not exceeding one month, or by removing fuch offenders, if ranked in the fecond or third clafs, into any prior clafs, or by any or all of such punishments; and in cafe of removal into any prior clafs, the offender fhall, from the time of making fuch order of removal, go through fuch prior clafs, and alfo the fubfequent clafs or claffes, in the fame manner as under his or her original commitment, and for fuch additional time as fuch committee (hall think proper to order, fo as the whole time of confinement, to be computed from fuch order of removal into such prior class, to the final discharge of the offender, shall not exceed the original term for which he or The was committed.

cerning fuch

fter an oath,

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 the committee directed to make any enquiry, or receive any proof upon oath, may adminiany one of the said committee is hereby authorised to tender and &c. administer such oath; and any two of the faid committee may fummon, or caufe to be fummoned, fuch witneffes as they fhall think meet, to appear and give evidence before them; and if Penalty on any perfon, being duly fummoned, fhall refufe or neglect to perfons fumappear, or being prefent, and competent to be a witnefs, fhall moned who refuse to be sworn, or being fworn, fhall refufe to give evidence,

Ff4

fuch

fhall refufe to

appear, &c.

next affizes all

fuch perfon fhall forfeit any fum not less than twenty fhillings, or more than ten pounds, at the difcretion of the faid committee.

Committee to XLIX. And be it further enacted, That if the faid comreport to the mittee fhall at any time obferve, or be fatisfactorily informed, judges at the of any extraordinary diligence or merit in any of the offenders offenders who under their infpection, they fhall report the fame to the juftices fhall manifeft of oyer and terminer, and gaol delivery, or great feilion at their extraordinary next or any fubfequent feffion to be holden for the county in which diligence or fuch offender was convicted; and fuch justices, if the offender merit; shall be committed for a certain term of months or years, fhall. and may, if they fhall think proper, fhorten the confinement of fuch offender, on condition that fuch offender, being a male, fhall finement, &c. engage himself to serve in the sea or land forces, or without any condition, as to them in their difcretion fhall feem meet; and if the offender fhall be committed for life, in purfuance of a conditional pardon, such juftices fhall, if they think proper, report him or her to his majesty as an object of royal mercy.

who may fhorten their

time of con

Male convicts, after they are

delivered to the fuperintendants, fhall be washed, and their clothes changed, &c.

An hospital to be provided for the fick, &c. i

likewife a large garden for raifing vegeta ufe of the of

bles for the

tenders.

L. And be it further enacted, That after the delivery of any fuch male offender into the cuftody of any fuch fuperintendant or fuperintendants as aforefaid, he fhall be confined in fome fecure place or veffel, to be provided for the fole purpose of receiving fuch offenders on their first arrival, and (hall be washed and cleaned, and his clothes fhall be burnt, if it is deemed neceffary, and others provided for him; and he fhall remain. there for the space of four days at the leaft, unless, during that time, he thall be found to be infected with any putrid or contagious fever, or other difeafe; in which cafe he fhall be immediately fent to the hofpital or infirmary, till fuch time as the furgeon or apothecary attending the fame (hall think it fafe to remove him on board one of the veffels appointed for the confinement of offenders in general, and to lodge him among the healthy convicts.

LI. And be it further enacted, That there fhall be provided for the reception of fuch offenders, in the cuftody of every fuperintendant, as fhall happen to be fick, or to be dif abled by any wound or accident, a fecure place or veffel, to ferve as an hofpital or infirmary, with such proper affiftants as may be neceffary for their fpeedy recovery, but the whole to be under the charge and controul of fuch fuperintendant aforesaid, who fhall be liable to anfwer for the efcape of any offender fo removed to fuch hofpital or infirmary; and there fhall also be provided, by the faid fuperintendant, a large piece of ground, fecurely fenced and inclofed, for a garden and airing-ground, in which thall be raifed proper vegetables for the ufe of the offenders under the cuftody of every fuch fuperintendant; who shall be at liberty to employ fuch of the invalid offenders, recommended for that purpofe by the furgeon or apothecary, as the said fuperintendant shall think proper, and for whose escape he thall be liable to answer, in the culture and management of. fuch garden.

LII. And