Overseers accessory to breaches of discipline: Punishment.

Punishment

spirituous liquors or tobacco into prison.

money, or other article, or allow him to enter his house, yard or premises, unless by the request of the overseer or person in charge of such prisoner, or assist him to absent himself or neglect his work, he shall be punished with imprisonment, with or without hard labour, for any period not exceeding three months, and shall also be liable to fine.

27. If any overseer or person in charge of any convicted criminal prisoner shall knowingly permit or suffer such prisoner to receive any tobacco, spirits, food, money, or other article, or to enter any house, yard, or premises not being the place appointed for the labour of such prisoner, he shall be punished with imprisonment, with or without hard labour, for any period not exceeding six months, and shall also be liable to fine or to be dismissed from his office, and to forfeit all wages due to him.

28. Every person who, contrary to the prison regulations, for carrying brings or attempts by any means whatever to introduce into any prison any spirituous or fermented liquor or tobacco, and every officer of a prison who suffers any spirituous or fermented liquor or tobacco to be brought, kept, or used therein contrary to the prison regulations, shall be punished with imprisonment, with or without hard labour, for a term not exceeding six months, or to a penalty not exceeding twenty pounds, or both, in the discretion of the Court, and every officer of a prison convicted under this section shall, in addition to any other punishment, be liable to be dismissed from his office, and to forfeit all arrears of salary due to him.

Punishment for carrying letters, &o.,

prisons,

contrary to regulations.

29. Every person who, contrary to the prison regulations, conveys or attempts to convey any letter or other document, into or out of or any article whatever not allowed by such regulations into or out of any prison, shall be punished with fine not exceeding twenty pounds, and if an officer of the prison shall also be liable to forfeit his office and all arrears of salary due to him, but this section shall not apply in cases where the offender is liable to more severe punishment under any other provision of this Ordinance.

Form of information.

Modes of proof.

30. In any charge or information against any person for any offence contrary to the provisions of this Ordinance, it shall be sufficient to charge and allege that the prisoner by whom, or in relation to whom, such offence was committed, was at the time of such offence being committed under sentence of penal servitude or imprisonment with hard labour, setting out the date of such sentence and the term of continuance

thereof, or was otherwise lawfully committed to custody as the case may be, without otherwise charging or alleging any information, trial, conviction, judgment or sentence. The officer having the custody of the records of the Court where such sentence or other order of imprisonment shall have been passed or made shall, at the request of any person prosecuting on Her Majesty's behalf, make out and give a certificate in writing signed by him containing the effect and substance only (omitting the formal part or parts thereof respectively) of every information and conviction of such prisoner and of the sentence thereupon, or of any other order of imprisonment, which certificate shall upon proof of identity of the prisoner be sufficient evidence of the conviction and sentence or order of imprisonment of any such prisoner.

MISCELLANEOUS PROVISIONS.

under

31. Any convict under any extended sentence shall be Convicts liable to be dealt with and punished in the same manner in extended every respect, and particularly by repeated extensions of his sentence sentence, as if he was under an original sentence of penal if under servitude, or imprisonment with hard labour.

dealt with as

original sentence.

existing rules.

32. All rules in force in any prison that are inconsistent Saving as to with this Ordinance shall be repealed from and after the commencement of this Ordinance, but all other rules in force in any prison shall so continue until altered in manner provided in the ninth section of this Ordinance.

any

Protection to persons acting

of Ordinance.

33. Any action or prosecution against any person for thing done in execution, or intended execution, of this Ordin- in execution ance, shall be commenced within three months after the cause of action arose, and not otherwise, and if at the instance of any convict prisoner within three months after the discharge of such prisoner from prison.

Notice in writing of every such action, and of the cause thereof, shall be given to the defendant one month at least before the commencement of the action.

In any such action the defendant may plead generally that the act complained of was done in execution, or intended execution of this Ordinance, and give this Ordinance and the special matter in evidence at any trial to be had thereupon.

The plaintiff shall not recover if tender of sufficient amends is made within one month after notice of action, or before action, brought by or on behalf of the defendant.

The defendant may, by leave of the Court after action

brought, and before issue joined, pay money into Court as in other actions.

If a verdict passes for the defendant, or the plaintiff becomes non-suit or discontinues the action, or if on demurrer or otherwise judgment is given for the defendant, the defendant shall recover double costs, and have the like remedy for the same as any defendant hath by law in other cases.

Though a verdict or judgment shall be given for the plaintiff, he shall not have costs against the defendant, nor more than two pence damages, unless the Judge by whom the trial is had certify his approbation of the action.

93. When to visit prison,

94. To inspect prisoners at hard labour.

95. Daily record respecting sick prisoners.

96. To give directions to gaoler.

97. To report special cases.

98. To report insanity of prisoners.

99. To report if life of prisoner endangered.

100. Inspections and reports.

101. Immediate report of epidemic or other unusual circumstances

102. Reports as to death of prisoners.