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9. The regulations contained in the first Schedule hereto, Regulations with respect to the government of prisons shall be binding on ment of all persons in the same manner as if they were enacted in the prisons. body of this Ordinance. The said regulations or any of them may be revoked or altered by resolution of the Legislative Council, which resolution shall for the purpose of effecting any such revocation or alteration have the same force as an Ordinance, and every such revocation or alteration shall come into immediate operation upon the passing of such resolution, or at such date as shall be thereby provided subject to disallowance by Her Majesty.
10. Subject to the provisions of this Ordinance, it shall be Subsidiary lawful for the Governor in Council to draw up prison regula- regulations. tions respecting the good government of the said prisons as regards matters not provided for or not fully provided for or reserved by the regulations in the said Schedule, and likewise from time to time to repeal or alter any regulation so made, and make other regulations in addition thereto or in substitution therefor, and every such regulation or any repeal or alteration thereof, or additional or substituted regulation, shall on being published in the Gazette be binding upon all parties concerned, subject to disallowance by Her Majesty.
11. The Governor may from time to time appoint fit and Prison proper persons to be keepers of each of the said prisons, and officers. also such subordinate officers, male or female, of each prison as may be necessary, and may remove any such keeper or officer when necessary. Subject to this Ordinance the Colonial Chaplains and Colonial Surgeons and Assistant Colonial Surgeons shall perform such duties as chaplains and medical officers to such prisons as the Governor may appoint.
12. The Colonial Secretary, *the Collector of Customs and Visitors of Treasurer, the Colonial Chaplain, the Inspector-General of prisons. Police, all District Commissioners and Justices of the Peace, and such other persons as the Governor may from time to time nominate, shall be visitors of the several prisons. The Governor shall appoint one or more of the visitors to be a visiting committee for each prison, but the appointment of such committee shall not interfere with the general right of visitation on the part of the other visitors.
13. The sheriff shall not be liable for the escape from Liability of imprisonment of any prisoner after such prisoner shall have sheriff. been handed over to the custody of the keeper of the prison.
*Office abolished and other provision made by No. 4 of 1885.
Prisoners in legal custody of gaolers.
Removal of prisoners in case of
CUSTODY AND REMOVAL OF PRISONERS.
14. Every prisoner confined in any prison shall be deemed to be in the legal custody of the gaoler thereof. Provided that nothing in this Ordinance shall affect the jurisdiction or responsibility of the sheriff in respect of prisoners under sentence of death, or his jurisdiction or control over the portion of the prison where such prisoners are confined, and the officers thereof as far as may be necessary for the purpose of carrying into effect the sentence of death, or for any purpose relating thereto. Every prisoner shall be subject to the prison discipline and regulations during the whole time of his imprisonment, whether he is or not within the precincts of any prison, and shall walk to or from any prison whenever at any time so required, and any refusal so to walk (unless he is physically incapable) shall be and may be punished as a breach of prison discipline.
15. In case of a contagious or infectious disease occurring in any prison, it shall be lawful to remove any of the prisoners from such prison to another place although such place may not have been declared a prison under this Ordinance, and in case of emergency such removal may be made in pursuance of an order under the hand of the Colonial Secretary or the sheriff or of any of the visiting committee of such prison, and if such place be a place of confinement it shall be deemed during the continuance of any prisoner therein to be a part of the prison from which such prisoner was so removed, and when such disease shall have ceased any prisoners so removed from any prison shall, under an order of any visitor of prisons, be taken back to the prison from whence they were removed, if still liable to be confined therein.
16. If any prisoner shall become or be found to be of case of lunacy unsound mind in any prison the gaoler shall forthwith report to the sheriff, or in his absence to one of the visitors of such prison, and the sheriff or other visitor of the prison shall visit and inquire into the state of mind of such prisoner, and shall call to his assistance the Colonial Surgeon or other duly qualified medical officer whose services may most readily be had, and if the medical officer shall sign a certificate with respect to such prisoner according to the form A in the second Schedule annexed to this Ordinance, and the sheriff or such visitor shall be satisfied from his own view that such prisoner is of unsound mind, he shall certify the same to the Colonial
Secretary, or if in the Settlement of Lagos to the Administrator of the Government of Lagos, and it shall be lawful for the Colonial Secretary or Administrator of Lagos by order in writing under his hand directed to the keeper of such prison to order that such prisoner shall be forthwith removed to any fit place for the custody and treatment of lunatics, which may from time to time be appointed by the Governor for that purpose either within any prison or elsewhere. Any prisoner so removed shall remain in such place until it shall be certified by the Colonial Surgeon or other medical officer as aforesaid, that such prisoner hath become of sound mind, whereupon he shall by order of the Colonial Secretary or Administrator of Lagos be redelivered into the custody of the keeper of such prison if still liable to be confined there, and if not so liable shall be discharged.*
17. A prisoner may be brought up for trial, and may be Removal of removed by or under the direction of the keeper of the prison prisoners for in which he is confined from such prison to another, for the purpose of being tried, and no prisoner whilst in the custody of a gaoler or of the sheriff shall be deemed to have escaped, although he may be taken into different jurisdictions or different places of confinement.
18 If any person imprisoned in any prison shall be Procedure charged with any offence before any Court which, if such where a person were not imprisoned, might issue a warrant for his charged apprehension, such Court may issue an order in the form B in before a the second Schedule to this Ordinance, or to the like effect on an offence. the keeper of the prison in which such person is imprisoned, directing him to bring such person before the Court. Such keeper shall bring the person charged with the offence before the Court accordingly, and the like proceedings shall be had with respect to such offence as if he had been brought up on a warrant. Provided that if the person so charged shall be remanded, committed for trial, imprisoned, or detained by such Court, he shall be so remanded, committed for trial, imprisoned, or detained either in the prison from whence he came, or in such other prison as such Court may direct.
19. The Governor may, by an order under the hand of the Removal of Colonial Secretary, direct any person in prison under the prisoners in sentence of any Court for an offence committed by him, to be removed from the prison in which he is confined to any other prison within the meaning of this Ordinance, and whenever
As to removal of lunatics to Sierra Leone, see No. 3 of 1885.
any prisoner is removed to any other prison than that referred to or named in the warrant or order under which he may have been imprisoned, the said warrant or order, together with an order of removal as aforesaid, either endorsed on the warrant or order, or separate therefrom, shall be sufficient authority for the removal of such prisoner to the prison named in the order of removal, and his detention therein, and for carrying out the sentence described in the warrant or order of imprisonment, or any part thereof which may then remain unexecuted.
20. Any prisoner whose term of imprisonment would, according to his sentence, expire on any Lord's Day, shall be entitled to his discharge on the Saturday next preceding such Lord's Day, and every gaoler of every prison having the custody of any such prisoner as aforesaid is hereby required and authorised to discharge such prisoner on the Saturday next preceding any such Lord's Day.
LABOUR OF CONVICTS.
21. Every sentence of penal servitude passed or to be passed upon any convict shall subject the convict during the term of such sentence to be imprisoned with hard labour, and to be otherwise dealt with under such sentence in the same manner as if sentenced to imprisonment with hard labour for the same term.
22. Every criminal prisoner under sentence of penal servitude, or of imprisonment with hard labour, may, from time to time, as may be directed in and by any prison regulations, or subject thereto in and by any special order of the Governor, be kept to labour within or without the precincts of any prison in any part of the Colony or Protected Territories, or Protectorate of Lagos, or in any port or harbour, roadstead, river, or waters within the said limits, and in any employment directed in and by such regulations or order, and such convicts shall be under the custody, management and orders of any persons whom the Governor shall direct, and every such person shall, during the term of such custody, have over every such convict such and the like powers as are incident by the law of England to the office of sheriff or gaoler.
23. Hard labour for the purposes of this Ordinance shall be of two classes: hard labour of the first class, consisting of shot drill, stone breaking, stone carrying, or such other like description of hard bodily labour as may be appointed under any prison regulations. Hard labour of the second class,
consisting of such other description of bodily labour as may be appointed under any prison regulations. And in every prison where prisoners sentenced to penal servitude, or to imprisonment with hard labour, are confined, adequate means (having regard to the average number of such prisoners confined in that prison) shall be provided for enforcing hard labour of the first class, provided that employment in the necessary services of the prison may, in the case of a limited number of prisoners to be selected by the visiting committee of the prison be deemed to be hard labour of the second class.
OFFENCES OF AND RELATING TO PRISONERS.
24. If any criminal prisoner shall escape or attempt to Escape of escape from prison, or out of lawful custody, he shall, if in prisoners. prison, or in custody under any sentence of penal servitude, or of imprisonment with hard labour, be punished by imprisonment with hard labour for any period not exceeding double the portion of his sentence during which he has been at large, or not exceeding two years if he has been at large for a less portion of his sentence than one year, and if a male, by being once or twice whipped within the prison if the Court shall so direct; and if in custody in any other manner he shall be punished by imprisonment, with or without hard labour, for any period not exceeding one year, and shall also be liable to fine: Provided that every period of imprisonment, with or without hard labour, to which any prisoner may be sentenced under this section, if the former sentence upon which such prisoner was imprisoned at the time of the escape has not expired, shall commence and be carried out upon the expiration of such former sentence, but that any sentence of whipping shall take effect and be carried out forthwith upon the return of such prisoner to gaol, unless the Court directs otherwise.
prisoners to escape:
25. Every person who aids any prisoner in escaping or Aiding attempting to escape from lawful custody, or who with the intent to facilitate the escape of any prisoner, conveys or causes Punishment. to be conveyed into any prison or building appointed for the custody of such prisoner any mask, dress, disguise, letter, tool, or other article, shall be punished by imprisonment, with or without hard labour, for a term not exceeding two years, and shall also be liable to fine.
26. If any person shall in any manner interfere with any Interfering convicted criminal prisoner at work without the precincts of at work: any prison, or shall supply him with tobacco, spirits, food, Punishment.