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· The 31 G. III. c. 46. s. 13. extended this provision in favor of all other prisoners, who should be inclined and willing to work.

Both these statutes have been repealed by 4G.IV. c.64.

And by Sect. 10. of that act, regulation 13. every pri- Provisions for soner maintained at the expence of any county, riding, maintained at division, city, town, or place, shall be allowed a sufficient expence of quantity of plain and wholesome food, to be regulated county. by the justices in general or quarter sessions assembled, regard being had (so far as relates to convicted prisoners) to the nature of the labour required and performed by such prisoners.

And the justices may order for such prisoners, of every Justices may description, as are not able to work, or being able cannot order allowprocure employment sufficient to maintain themselves, or who ance of food. may not be otherwise provided for, such allowance of food as the said justices shall from time to time think necessary. " saizny Prisoners under the care of the surgeon shall be allowed. posa such diet as he may direct; and care shall be taken that,eft mifusaar all provisions supplied to the prisoners be of proper weight

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and quality

By the 14th regulation in the same section, prisoners Prisoners for who shall not receive any allowance from the county, whe- fore trial, may ther confined for debt, or before trial for any supposed provide food,

&c. for themcrime or offence, shall be allowed to procure for themselves

selves. and receive at proper hours, food, bedding, clothing, and other necessaries, subject to such restrictions and examination, to be prescribed by regulations to be made as the act directs.

By the 15th regulation, no prisoner confined under sen- Under sentence of a court, or upon conviction before a justice, shall tence, or after

conviction, receive any food, clothing, or necessaries, other than the gaol allowance, except under such regulations as the justices in general or quarter sessions think expedient.

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Sect. 38. “Whereas persons convicted of offences are frequently sentenced to imprisonment, without being sentenced to hard labour,” two or more visiting justices may order such persons, except those who maintain themselves, to be set to

some work not severe; and no such prisoner, who shall be of Those able to ability to earn, and who shall have the means of earning, or ence not to be of otherwise providing for his own subsistence, shall have any supported. claim to be supported at the expence of the county, riding, or

division, or by the sheriff or keeper of the prison ; provided that when such ability shall cease, by reason of sickness, infirmity, the want of sufficient work, or otherwise, every such person shall, during such inability, receive such provision and support as shall be directed for other convic prisoners in the same prison.

Prisoners for

Application for a mandamus to justices, commanding trial, able but unwilling to

them to take into consideration that several prisoners work, are not committed for trial had been compelled to work upon entitled to have bread the tread-mill against their inclinations, and to rectify this and water pro- abuse. vided for them by the public.

The sessions had made an order that the tread-mill should be applicable both as hard labour, for such prisoners as might be sentenced thereto, as for the employment of other prisoners; and also that prisoners committed for trial who were able to work, and had the means of employment offered them, by which they might earn their support, but who should obstinately refuse to work, should be allowed bread and water only.

It was argued, that the effect of this order of sessions was in direct contravention to the 4 Geo. IV. c.64., for it was in effect to compel the untried prisoners to work against their wills; for if they do not work at the employment prescribed, they will have no other allowance than bread and water, which it was said was not plain and wholesome food within the meaning of the 10th section.

Abbott C.J. How are we to judge what is plain and wholesome food; that is matter upon which the justices

are exclusively to decide. Before the late statute 4 Geo. IV. c.64., prisoners who were able and unwilling to work, were not entitled to be maintained at the public expence, and it is not contended that that statute casts such a burthen on the public. There being no provision in any act of parliament to compel the county to provide food for those who are able but unwilling to work, we cannot grant a mandamus to compel the justices to order any species of food to be provided for such prisoners. The legislature appears to have vested in the county magistrates a discretion as to the management and diet of the prisoners. .

Bayley J. The justices have already done more than the law required them to do, by ordering such persons as are able but unwilling to work bread and water.

Per Best, J. It is not for us to decide whether bread and water be or be not sufficient; the quantity and quality of the food being left to the discretion of the magistrates. The 13th regulation enables the justices to order for such prisoners of every description as are not able to work, or being able, cannot procure employment sufficient to sustain themselves by their industry, or who may not otherwise be provided for, such allowance of food as they shall think necessary, for the support of health; the 37th section enables the magistrates to employ prisoners committed for trial with their consent;(1) this section prevents them from forcing such prisoners to work against their will, but it does not oblige them to find food for such as are able, and will not work. Rule refused. (2)

But now by 5G. IV. c.85. s.17. prisoners shall be allowed food sufficient for their health, without being obliged to work.

(1) This consent shall be freely given, and not extorted by deprivation, or threats of deprivation of any gaol allowance. See sect. 10. 5 Geo. IV. c.85.

(2) Rcx v. Justice of North Riding of Yorkshire, 2 B. & C. 286.

And by sect. 16. no prisoner before conviction shall be employed on the tread-wheel.

Prisoners discharged to be passed home.

Sect. 22. the visiting justices may send discharged prisoners to their settlements by passes, which shall state the names of places through which the person shall travel, and the time to which the pass is limited; the allowance shall be three half-pence per mile, and for children a penny, which by sect. 24. shall be paid by the overseers of the different places prescribed in the route, for which they shall take a receipt, and indorse on the pass the sum paid.

Sect. 25. the treasurer of the county shall repay such sum to the overseer on the production of the receipt.

Sect. VI.

Of relieving Militia Men's Families.

6. Relief under this head is regulated by 43 Geo. II. C. 47. 51 Geo. III. c. 20. s.20.; 53 Geo. III. c. 81. s: 10.; 49 Geo.III. c. 86.; 49 Geo.III. c. 90.; 51 Geo.III. c.l18.s.5.

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The 43 Geo. III. c. 47. repeals the 33 Geo. III. c. 8, 34 Geo. III. c. 47., 35 Geo. III. c. 81., 36 Geo. III. c. 114. except as to provisions for the repayment of any sums advanced under the said acts; or to the allowing, accounting for, or recovering such sums; or to any fines and penal ties relating thereto.

Weekly allow Sect. 2. The overseers of any parish, &c. where the faance for fami-mily of any non-commissioned officer, drummer, ballotted

man, substitute, hired man, or volunteer, embodied and called into service, shall be left chargeable, shall, by order

of a justice, pay out of the poor's rate to such family : 37 29 II

weekly allowance; viz., for every child under the age of ten, born in wedlock, not exceeding the price of one day's labour, nor less than 1s.; for the wife, whether having children or

the same.

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[But by 51 Geo. III. c. 20. s. 20., no allowances shall be Limited to made to the families of any but those who are balloted.]

balloted men.

Sect. 3. The justices at Michaelmas quarter sessions Justices to reshall regulate such allowance.

gulate allow

ance.

Sect. 4. The allowance shall only be paid during the Allowance to time the person shall actually serve; it shall not where the be paid during

service only; wife follows the regiment, or departs from home, without a not where wife certificate of some neighbouring justice, or the

follows the overseers,

regiment. for the purpose therein specified.

[By 53 Geo. III. c.81. s.1., but such family shall, when After return such wife shall return home, be entitled to receive such home. relief as otherwise they would have been entitled to.]

Sect. 5. No allowance shall be made to the family of a No allowance substitute, hired man, or volunteer, who, at the time of en

to substitute,

&c. giving rolment, falsely represented that he had no wife or family; false account or having more children, that he had but one; but a justice of his family. may order an allowance to the wife and one child, if the party undertake to provide for the others.

Sect. 6. Nor shall allowance be paid to the family of any Nor to family non-commissioned officer or drummer reduced to the ranks of non-com

missioned offifor misconduct, such misconduct being certified, as the act cer, &c. redirects, to the treasurer of the county in the militia of which duced. such person

and by such treasurer to the overseers where the family dwell, and such family shall then be relieved as casual poor.

Sect. 7. No allowance shall be paid to the family of any Marryingwithhired man, volunteer, or substitute, who shall marry during out consent. the time of actual service without the consent of the commanding officer under hand.

shall serve,

Sect. 8. No families shall by receiving such allowances Families rebe liable to be sent to any workhouse, or be removable, lieved shall

not be sent to nor shall the persons to whose families such allowances are workhouse. paid, be deprived thereby of their settlements elsewhere, or of their right of voting for members of parliament.

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