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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 His Majesty.
9.-(1) Subject to the provisions of this Ordinance, it shall be Subsidiary lawful for the Governor in Council to draw up prison regulations regulations. 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, including regulations as to the remission of sentences to be allowed to prisoners who duly comply with the regulations to which they are subjected and the conditions on which such remissions are made, and likewise to repeal or alter regulations so made and make 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 His Majesty. (13 of 1897, s. 3, incorporated.)
(2) Subject as aforesaid and until further provision be made, the regulations contained in the second schedule hereto shall be and remain in force.
10. The Governor may appoint an officer entitled "Inspector of Inspector of Prisons," who shall have the general charge and superintendence prisons. of the prison system in the Colony and Protectorate.
11. The Governor may from time to time appoint fit and proper Prison persons to be superintendents of each of the said prisons, and also officers. such subordinate officers, male or female, of each prison as may be necessary, and may remove any such officer when necessary.
12. The Colonial Secretary, the Attorney-General, the Inspector- Prison General, and senior officers of Police, the Police Magistrate, and visitors. all District Commissioners and Justices of the Peace, and such other persons as the Governor may from time to time nomiuate, 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. Neither the sheriff nor any officer or constable of the Police Liability of force shall be liable for the escape from imprisonment of any sheriff. prisoner after such prisoner shall have been handed over to the custody of the Superintendent of the prison.
*Custody and Removal of Prisoners.
14. Every prisoner confined in any prison shall be deemed to be legal custody in the legal custody of the Superintendent 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.
Removal of prisoners in case of
Provisions in case of
lunacy of prisoners.
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 of the Superintendent 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 unsound mind in any prison the Superintendent shall forthwith report to the Medical Officer, or in his absence to one of the visitors of such prison, and the Medical Officer or other visitor of the prison shall visit and inquire into the state of mind of such prisoner, and shall call if necessary to his assistance any duly qualified medical practitioner whose services may most readily be had, and if the medical officer or practitioner shall sign a certificate with respect to such prisoner according to the Form A. in the third schedule annexed to this Ordinance, and the Superintendent 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, and it shall be lawful for the Colonial Secretary by order in writing under his
See Colonial Prisoners Removal Act, 1884, and Order of the Queen in Council of 13th December, 1889, thereunder: Appendix.
† As to removal of Criminal Lunatics, see Colonial Prisoners Removal Act, 1884, and Order in Council under it: Appendix.
hand directed to the Superintendent 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 a medical officer or practitioner as aforesaid, that such prisoner hath become of sound mind, whereupon he shall by order of the Colonial Secretary be redelivered into the custody of the Superintendent 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 removed Removal of by or under the direction of the Superintendent of the prison in prisoners for which he is confined from such prison to another, for the purpose of being tried, and no prisoner whilst in the custody of a prison officer or of the sheriff or police 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 charged Procedure with any offence before any Court which, if such person were not where a prisoner is imprisoned, might issue a warrant for his apprehension, such Court charged may issue an order in the Form B. in the third schedule to this before a Ordinance, or to the like effect on the Superintendent of the prison Court with in which such person is imprisoned, directing him to bring such person before the Court. Such Superintendent 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 Colonial Secretary, direct any person in prison under the 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 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
* As to removal of Lunatics, see note to s. 16.
Removal of prisoners in
When term of
20. Any prisoner whose term of imprisonment would, according imprisonment 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 Superintendent of every prison having the custody of any such prisoner as aforesaid is hereby required and authorized to discharge such prisoner on the Saturday next preceding any such Lord's day.
Effect of sentence of penal
Labour of convicts
of imprisonment, or any part thereof which may then remain unexecuted.
Requisites as to hard labour.
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 Protectorate, 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 stone breaking, stone carrying, or such other like description of hard bodily labour as may be appointed under any prison regulations, and 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 Superintendent of the prison be deemed to be hard labour of the second class.
See Rule No. 35, post, Schedule I. As to employment of Prisoners not ordered to be kept to hard labour, and as to labour on crank or treadmill, see Schedule II.
Offences of and relating to Prisoners.
24. If any criminal prisoner shall escape or attempt to escape Escape of from prison, or out of lawful custody, he shall, if in prison, or in prisoners: custody under any sentence of penal servitude, or of imprisonment Punishment. 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 whipt 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.
25. Every person who aids any prisoner in escaping or attempt- Aiding ing to escape from lawful custody, or who with the intent to prisoners to facilitate the escape of any prisoner conveys or causes to be con- Punishment. veyed 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 con- Interfering victed criminal prisoner at work without the precincts of any at work: prison, or shall supply him with tobacco, spirits, food, money, or Punishment. 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
27. If any overseer or person in charge of any convicted criminal Overseers prisoner shall knowingly permit or suffer such prisoner to receive accessory to any tobacco, spirits, food, money, or other article, or to enter any discipline: house, yard, or premises not being the place appointed for the Punishment. 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.