GENERAL CLAUSES. 4 Geo. 4, c. 64. Proviso for certain prisons, ships for convicts, &c. Proviso for rights of mayors, &c., having separate jurisdictions. Proviso where pri land, &c. and except as to any proceeding for the punishment of any person for any offence which shall, before the commencement of this act, have been com mitted; and as to any presentment before that time made by any justice of the peace or grand jury; and as to any appointment before that time mas by any officer or other person, to perform any duties under the said recitei acts, or any of them; and as to any rules and regulations, acts, and dee before that time lawfully established, made, or done, under or by virtue: any one or more of the said acts; and as to the fulfilment of any contrac or agreements before that time lawfully made, under or by virtue of th said recited acts, or any of them." By sect. 76, and by 5 Geo. IV. c. 85, s. 27, Nothing in this act en tained shall extend to the royal hospital of Bethlehem and prison of Bri well, nor to the King's Bench or Fleet prison, nor to the prison of t Marshalsea or Palace Courts, the general penitentiary at Miibank, not i the penitentiary at Gloucester; nor [by stat. 4 Geo. IV. c. 64, s. 76, ota to any ships or vessels provided in any port or navigable river for the r ception and employment of convicts sentenced to transportation; nơ exempt any such convicts from any punishment or discipline to which th were liable by law before the passing of this act." By 4 Geo. IV. c. 64, s. 9, "Nothing in this act contained shall exter to take away, lessen, vary, alter, or affect any right, privilege, or franchis which, before the passing of this act, any mayor, bailiff, or justice of peace, for the time being, of any city, town, or liberty, having a separ jurisdiction, had, by means of any grant, charter, or special or local act Parliament, to commit prisoners to the gaol or house of correction of u county, riding, or division." Sect. 77. Where any prison is situate on lands of the King's Majes sons built on crown in right of his royal crown, or of his duchy of Lancaster, or of the duchy Cornwall, such lands, with their appurtenances, shall remain for ever alienable, so long as they shall be used for the purpose of such prison." Sect. 78. The act is to take effect on 1st September, 1823. Commencement of act. In each county, and one house of II. What Gaols are to be kept, &c. THE 4 Geo. IV. c. 64, s. 2, enacts, "That, from and after the commen ment of this act, there shall be maintained, at the expense of every co in England and Wales, one common gaol; and at the expense of ee county not divided into ridings or divisions (a), and of every riding or sion of a county (having several and distinct commissions of the peace, several or distinct rates in the nature of county rates, applicable by la the maintenance of a prison for such division), in England and W at least one house of correction; and one gaol and one house of correct shall be maintained in the several cities (b), towns, and places, mentioned How far act to ex- the schedule marked (A), annexed to this act; and the regulations and pr visions contained in this act shall extend, in manner hereafter mentione to every such gaol and house of correction, maintained at the exper such county, riding, division, city, town, or place, and to the several ga and houses of correction in the cities of London and Westminster." tend. Houses of correc lished may be re tained to be used for particular classes of prison Sect. 3. "That where there shall have been already established, and sta tion already estab- be existing at the time of passing of this act, in any county, riding, sion, city, town, or place, one or more house or houses of correction, P sufficient, or capable of being made sufficient, for the extended classif. tion required by this act, it shall be lawful for the justices assembled. their general or quarter sessions, or the major part of them, if they sha think fit, to order and direct that, in addition to the house of correct hereinbefore directed to be maintained for the purposes of this act, one ers. (a) As to gaols in counties divided into ridings, see 5 Geo. IV. c. 12, post, 1013, and 5 Geo. IV. c. 85, post, 1015. (b) As to contracts, &c., by justices having charge of gaols, &c. in cities, justices having charge of gaols, & adjacent counties, see 5 Geo. IV. post, 1010. ARE TO BE more of such houses of correction as shall be so existing as aforesaid, at the WHAT GAOLS time of the passing of this act, shall be continued and maintained for the reception of one or more particular class or classes, or description or descriptions of prisoners, as may be prescribed by the justices assembled at their ge- 4 Geo. 4, c. 64. neral or quarter sessions, as directed by this act." Sect. 8 enacts, "That in all cases where any person liable by law to be committed to the house of correction, shall be apprehended within any district, city, town, or place, mentioned in the schedule to this act annexed, and the inhabitants of any such district, city, town, or place, are or shall be contributory to the support and maintenance of the house or houses of correction of the county, riding, or division, in which such district, city, town, or place, is situate, it shall and may be lawful for the justices of the peace of such district, city, town, or place, to commit such person to the house of correction of the county, riding, or division, in which such district, city, town, or place, is situate; and every person so committed shall and may be received, detained, dealt with, and ordered to be set and kept to hard labour or other work, or conveyed and sent away or discharged, and be subject and liable to the same correction and punishment, to all intents and purposes, as if committed by any justice or justices of the peace of such county, riding, or division; and in such case it shall not be necessary or required, that any other house of correction shall be built, or maintained in or for such district, city, town, or place, and the inhabitants of such district, city, town, or place, shall not be compelled or compellable to the payment of any rate or sum of money whatever for the building or maintaining of any other house of correction, in or for such district, city, town, or place; any thing in this act contained to the contrary in anywise notwithstanding.” III. Repairing, &c., Gaols, &c. Power to justices to commit to house the county, where person apprehend of correction of ed in district, &c. Not necessary to build a house of such district, &c. correction for any on report or presentment of insufficiency of prisons, quarter sessions may contract for ing, or repairing the same." enlarging, build THE 4 Geo. IV. c. 64, s. 45, enacts, "That in case it shall appear at any ime to the justices at any general or quarter sessions of the peace, holden n any county or riding, or in any such division of a county as aforesaid, or n any district, city, town, or place, to which this act shall extend, by any eport made under the provisions of this act, of the state of any prison, to uch justices at such sessions, or by any presentment at any time made by the grand jury at the assizes, great session, session of gaol delivery, or session of the peace, to be holden for any such county, riding, division, district, city, town, or place, or by any presentment at any time made by any two or more justices of the peace in and for the same, and laid before the justices at such general or quarter sessions of the peace, that any gaol or house of correction, to which this act shall extend, within such county, ridng, division, district, city, town, or place, is insufficient, inconvenient, or in want of repair, or otherwise inadequate to give effect to the rules and regulations prescribed by this act, or that there is a necessity for the erection of any new gaol or house of correction; the justices assembled at such ge- Notice thereof in eral or quarter sessions, or at the general or quarter sessions, or adjournment thereof, next after any such report or presentment made, shall, and they are hereby required, to cause notice to be given, three times, at least, n some public newspaper circulating within such county, riding, division, district, city, town, or place, of such report or presentment having been laid before such sessions, and of their intention to take the same into consideraion at the next ensuing or some subsequent general or quarter sessions or adjournment thereof; and in case the justices at such last-mentioned essions, or the major part of them, shall resolve that such report or preentment is well founded, then it shall and may be lawful for such justices, nd they are hereby required, at the sessions mentioned in such notice, or it a subsequent sessions, or adjournment thereof, with the like notice, to ake such measures, either by contract or otherwise, as shall appear to them o be requisite and proper, for the altering, enlarging, or repairing, or for uilding or rebuilding any such gaol or house of correction, regard being some newspaper REPAIRING, &c. 4 Geo. 4, c. 64. Contractor to give security. Quarter sessions may purchase houses, &c. for building or enlarging prisons. When prisons become unsafe or inconvenient, two justices (one a visitor) may order report to sessions. repairs, and shall How far gaols, though locally situate out of county, &c., deem ed part of the County, &c., and subject to juris of county, &c. had, in the case of contracts, to the reasonableness of the price and respon sibility of the contractors; and every contractor shall give sufficient security for the due performance of his contract to the clerk of the peace, or town clerk, for the county, riding, division, district, city, town, or place, to be in spected at all reasonable times by any justices, or by any other person cor tributing to the rate of such county, riding, division, district, city, town, E place, without fee or reward. Sect. 46 enacts, “That after such presentment and notice as aforestil it shall and may be lawful for the justices in general or quarter sessions sembled, or the major part of them, and they shall have full power and a thority, to purchase any houses, buildings, lands, tenements, hereditame ways, watercourses, and other easements, for the purpose of enlarging rendering commodious, or for the building or rebuilding any prison, and direct the property so purchased to be conveyed to such person or pers as the said justices shall think fit, in trust for the purpose aforesaid, mi the regulations and directions in this act contained; and such houses, but ings, lands, tenements, hereditaments, ways, watercourses, or other ea ments, shall, when inclosed and added to such prison, be deemed taken to be parts of such prison, and to be within the county, riding, d sion, city, district, town, or place, to the use of which such prison may applied, to all intents and purposes whatever, so long as the same shal used by such county, riding, division, city, district, town, or place, for purpose of this act, and no longer." Sect. 47 enacts," That if it shall at any time happen, that any such or house of correction shall become unsafe or unfit for the custody of prisoners confined therein, between the several times of holding the ge ral or quarter sessions, it shall and may be lawful for any two or m justices (one of whom shall be a visiting justice for the prison) for county, riding, division, district, city, town, or place, to order such repr and alterations to be immediately done and made, as may be necessary sufficient for the safe and proper custody of such prisoners, and the uph ing of such prison; and such justices shall report the same to the next e of general or quarter sessions, to be holden for such county, riding, divi district, city, town, or place; and such court is hereby authorized to: the payment of such sum or sums of money, as shall have been prope expended in such repairs or alterations as aforesaid." Sect. 48 enacts, "That every gaol, house of correction, or other p for any county, riding, or division, county of a city, or county of a town for any town, liberty, soke, or place, not being a county, but having an clusive jurisdiction for the trial of felonies or misdemeanors comm therein, which is now built, or shall hereafter be built, together with diction of justices ground whereon the same shall stand, and every court, yard, building. appurtenance thereunto belonging, with every addition that shall hereaf be made thereto, which said gaol, house of correction, or other prison. yard, building, appurtenance, or addition, is or shall be situate within limits of any other county, riding, or division, county of a city, county town, or of any other town, liberty, soke, or place, not being a county, having an exclusive jurisdiction for the trial of felonies or misdeme committed therein, shall be deemed, and taken to be, part of the co riding, or division, county of a city, county of a town, or of the town, ty, soke, or place, for which the same shall be used as a gaol, house of rection, or other prison, so long as the same shall be so used, and no long and the justices of the peace, mayors, jurats, coroners, constables, and officers of such county, riding, or division, county of a city, county town, or of such town, liberty, soke, or place, for which the same she used as a gaol, house of correction, or other prison, shall, during time that the same shall be so used, have as full power and authority in, as they would have if the same was not situate within the limits of s other county, riding, or division, county of a city, county of a town, ? such town, liberty, soke, or place; any charter, law, or usage, to the trary thereof in anywise notwithstanding." GAOLS, &C. soners. Sect. 49 enacts, "That in the altering, enlarging, repairing, building, or REPAIRING, &c. re-building, of any gaol or house of correction under this act, the justices shall adopt such plans as shall afford the most effectual means for the secu- 4 Geo. 4, c. 64. rity, classification, health, inspection, employment, and religious and mo- Plans for prisons ral instruction of the prisoners; the building shall be so constructed or ap-rate places of conto provide sepaplied, and the keepers' and officers' apartments so situated, as may best finement, classifi ensure the safety of the prison, and facilitate the control and superintend- cation, &c. of prience of those committed thereto; distinct wards, and dry and airy cells shall be provided, in which prisoners of the several descriptions and classes hereinafter enumerated may be respectively confined; and it shall be considered as a primary and invariable rule, that the male prisoners shall in all cases be separated from the female, so as to prevent any communication between them: provision shall be made for the separation of prisoners into the following classes; if a gaol-first, debtors and persons confined for contempt of court on civil process; secondly, prisoners convicted of felony; thirdly, those convicted upon trial of misdemeanors; fourthly, those committed on charge or suspicion of felony; fifthly, those committed on charge of misdemeanors, or for want of sureties. If a house of correction-first, prisoners convicted of felony; secondly, prisoners convicted upon trial of misdemeanors; thirdly, those committed on charge or suspicion of felony; fourthly, those committed on charge of misdemeanors; fifthly, vagrants. Places of confinement shall also be set apart in every gaol and house of correction for such prisoners as are intended to be examined as witnesses in behalf of the crown in any prosecutions, and such further means of classification shall be adopted as the justices shall deem conducive to good order and discipline; separate rooms shall be provided as infirmaries or sick Sick wards. wards, for the two sexes, and, as far as is practicable, for the different description of prisoners; and warm and cold baths, or bathing tubs, shall be Baths. introduced into such parts of the prison as may be best adapted for the use of the several classes; proper yards shall be allotted to the different classes Places for exercise. for air and exercise, and each class shall have the use of a privy, and be fur nished with a supply of good water; a separate sleeping cell shall, if pos- Sleeping cells. sible, be provided for every prisoner; but as the numbers may sometimes be greater than the prison is calculated to contain, under the arrangement required by this act, and as it is expedient that two male prisoners only should never be lodged together, a small proportion of cells or rooms shall be provided for the reception of three or more persons; every prison shall Places for work. contain rooms and places properly fitted up for the exercise of labour and industry, and also a competent number of cells adapted to solitary confinement, Solitary cells. for the punishment of refractory prisoners, and for the reception of such persons as may by law be confined therein; a chapel shall be provided in every A chapel. prison, in such a convenient situation as to be easy of access to all the prisoners; it shall be fitted up with separate divisions for males and females, and also for the different classes; it shall be strictly set apart for religious worship, or for the occasional religious and moral instructions of the prisoners, and shall never be appropriated to or employed for any other purpose whatsoever; in cases where the justices shall deem it necessary that the Apartments for chaplain should reside, either occasionally or permanently, within the prison, or near to it, proper apartments shall be provided therein, or in the neighbourhood thereof, for his accommodation." Sect. 50 enacts, "That in case it shall be expressly presented that the place wherein any old prison is situated is improper, and that the prison ought to be removed to some other part of the county, riding, division, district, city, town, or place, or that a new gaol or house of correction is necessary, the justices in their general or quarter sessions assembled shall take such presentment into their consideration, and if it shall be resolved by the justices assembled at two successive general or quarter sessions, or the major part of them, that such old prison ought to be removed, or that such new prison is necessary, it shall be lawful for the justices so assembled to contract for the building of a new gaol or house of correction in any part of the county, riding, division, district, city, town, or place which they may TTT VOL. II. chaplain. Justices may remove site of prisons, upon pre sentment of state of the old site. GAOLS, &c. 4 Geo. 4, c. 64. of old sites. (Exception). Conveyance. REPAIRING, &c. deem most eligible; and whenever the site of any prison shall be changed. and the old site shall be no longer necessary for the purpose of a prison, it shall be lawful for the justices so assembled to make sale thereof, (unless it Sale may be made be the property of the King's Majesty, his heirs and successors, or of some private individual), for the best price that can be gotten for the same, and to direct the purchase-money to be paid to the treasurer of such county. riding, division, district, city, town, or place, and to direct the trustee f such lands and hereditaments, his heirs, executors, or administrators (a cording to the tenure thereof), and the clerk of the peace, or town clerk. to convey the inheritance of such site to the purchaser; and every suc conveyance, together with the treasurer's receipt for the purchase-money shall give a good and valid title to the purchaser; and the purchase-mo?“, shall be applied by the treasurer in aid of the rate of such county, riding division, district, city, town, or place; and whenever the building of any court of justice is or shall be so attached to any prison, as to render it i practicable or inconvenient to repair, enlarge, improve, or rebuild the sa prison, without also altering or pulling down the building of the said cour then and in such cases it shall be lawful for the justices in general or quarto sessions assembled to cause such courts to be altered or pulled down, or t be rebuilt, either on the same or on any other site, subject to the same pr visions as are by this act appointed with respect to gaols." Where any courts of justice are attached to prisons, they may be altered, &c. Proceedings by justices who shall &c. unnecessary. By stat. 7 Geo. IV. c. 18, s. 1, after reciting that by 4 Geo. IV. c. 64, provision is made for the sale, in certain cases, of the sites of old prisons which no longer necessary; and it is expedient to extend the same power to case not therein provided for; it is enacted, "That in case it shall a consider any gaol, pear to the justices of the peace, who shall be assembled at any genes or quarter session of the peace to be henceforth holden for any county, ing, or division in England, that, by reason of any gaol or house of corre tion for such county, riding, or division, having been lately built or a siderably enlarged, any other gaol or gaols, house or houses of correctic therein hath or have or shall have become unnecessary, the said justices, the justices who shall be assembled at the then next general or quarter ses sion to be holden for the same county, riding, or division, shall order notic to be given three times at least in some public newspaper circulating in su county, riding, or division, that the propriety of selling such unnecess gaol or gaols, house or houses of correction, will be taken into consideration at the next ensuing general or quarter sessions; and in case the justices & such last-mentioned session, or the majority of them, shall resolve the such last-mentioned gaol or gaols, house or houses of correction, ought to sold, then it shall be lawful for such justices, and they are hereby require to take such measures for selling the same, together with all outhouses, la and appurtenances to the same belonging, (unless they, or any part there shall be the property of his Majesty, his heirs, or successors, or of any vate individual), for the best price or prices that can be obtained for th same, either by public auction or private contract, and subject to such cœ-> ditions and in such manner as they shall think proper." Contracts for sale of gaols, &c. entered into before this act may be confirmed by justices, after notice ner. Sect. 2 enacts, "That in case any contract shall, before the passing this act, have been entered into by or on behalf of the justices of the peace of any county, riding, or division, in England, in which any gaol or ho of correction has been lately built or considerably enlarged, for the sale given in like man- any other gaol or house of correction therein, and of the outhouses, la and appurtenances thereto belonging, (not being the property of his Majes ty or of any private individual), it shall be lawful for the justices who shal be assembled at any general or quarter session of the peace to be hencefor holden for such county, riding, or division, to order notice to be given. the manner hereinbefore directed, that the propriety of confirming and c pleting such contract will be taken into consideration at the next ensu general or quarter session; and in case the justices at such last-mentione session, or the majority of them, shall resolve that the contract so enter into ought to be confirmed and completed, either with or without any ma fication of the conditions thereof, then it shall be lawful for such justices |