GAOLS AND HOUSES OF CORRECTION. I. Gaols and houses of correction in counties, &c. p. 557. 1. Caols and Houses of Correction in Counties, &c. 1. The gaol and house of correction, p. 557. For what places, p. 557. Building, altering, and repairing them, p. 558. 2. To what prisons offenders shall be committed, p. 560. Vagrants, p. 560. Other offenders, p. 560. 3. Classification of prisoners, p. 560. How, p. 560. How, where there are two or more houses of correction, p. 565. How, where the gaol and house of correction are together, p. 566. 4. Rules to be observed in prisons, p. 567. General rules, p. 567. Additional rules, by whom made, p. 573. 5. Visiting justices, p. 574. How appointed, and their duties, p. 574. How, with respect to prisoners in close confinement, 6. Inspectors, p. 576. 7. Officers of prisons, p. 576. Keepers, matrons, &c., p. 576. Chaplain, his appointment, salary, &c., p. 577. Other ministers of religion, p. 580. 8. Reports as to the state of the prison, p. 580. By the keeper, to the secretary of state, p. 581. 9. The prisoners, p. 582. In what cases obliged to labour, p. 582. Assaulting or resisting the officers, p. 584. Not to be jurors upon inquests, p. 585. Benefactions for them, p. 586. Allowance to them on their discharge, p. 586. 10. Prosecution for penalties, &c., p. 587. Conviction, p. 587. Penalty how levied, p. 587. Actions, &c., p. 588. 1. The Gaol and House of Correction. For what places.] There shall be maintained, at the expense of every county in England and Wales, one common gaol; and at the expense of every county not divided into ridings or divisions, and of every riding or division of a county (having several and distinct commissions of the peace, or several or distinct rates in the nature of county rates applicable by law to the maintenance of a prison for such division) in England and Wales, at least one house of correction; and one gaol and one house of correction shall be maintained in the several cities, towns, and places mentioned in the schedule marked (A) annexed to this Act,* 4 G. 4, c. 64, s. 2, and in every borough having a separate court of quarter sessions, and which does not contract with the justices of the county for the maintenance of its prisoners in the county gaol. 5 & 6 Vict. c. 98, s. 15, and see s. 18-22. And by stat. 2 & 3 Vict. c. 56, s. 1, so much of the above Act, 4 G. 4, c. 64, and of stat. 5 G. 4, c. 85, (herein-after mentioned) as does not relate to the classification of prisoners of each sex into distinct classes, shall, subject to stat. 5 & 6 W. 4, c. 38, and 6 & 7 W. 4, c. 105, and this Act, extend to every gaol, house of correction, bridewell and penitentiary in England and Wales, now or hereafter to be provided, and not exclusively used for the confinement of debtors, except the Queen's Bench and Fleet prisons, and the general penitentiary at Milbank, 2 & 3 Vict. c. 56, s. 1. But 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, &c., shall be contributory to the support and maintenance of the house of correction of the county, &c., in which such district, &c., is situate, [or shall pay for the maintenance of their prisoners there, 5 & 6 Vict. c. 98, ss. 18, 22, and see ss. 19, * Bristol, Chester, Coventry, Exeter, Gloucester, Kingston-upon-Hull, Leicester, Liverpool, Newcastle-upon-Tyne, Norwich, Nottingham, Portsmouth, Worcester, York. But see 2 & 3 Vict. c. 56, s. 1, and 5 & 6 Vict. c. 98, s. 15, supra. 20, 21,] the justices of the peace of such district, &c., may commit such person to the house of correction of the county, &c., and in such case it shall not be necessary that any other house of correction shall be built or maintained in or for such district, &c., and the inhabitants of such district, &c., shall not be compelled to the payment of any rate for the building or maintaining of any other house of correction in or for such district, &c. 4 G. 4, c. 64, s. 8. Provisions are also made for two or more counties or boroughs joining to establish a district prison, by stat. 5 & 6 Vict. c. 53, and 7 & 8 Vict. c. 50. Every gaol, house of correction, or other prison for any county, riding or division, county of a city or county of a town, or for any town, liberty, soke, or place, not being a county, but having an exclusive jurisdiction for the trial of felonies or misdemeanors committed therein, which is now built or shall hereafter be built, situate within any other county, &c., shall be deemed and taken to be part of the county, &c., for which the same shall be used as a gaol, house of correction, or other prison; and the justices of the peace, coroners, constables, and other officers of such county, &c., for which the same shall be used as a gaol, house of correction, &c., shall have as full power and authority therein, as they would have if the same was not situate within the limits of such other county, &c. 4 G. 4, c. 64, s. 48. Building, altering and repairing them.] In case it shall appear to the justices at any general or quarter sessions of the peace, by any report made, under the provisions of this Act, of the state of any prison, or by any presentment by the grand jury at the assizes, or sessions of the peace, or by any presentment made by any two or more justices of the peace, that any gaol or house of correction to which this Act shall extend, 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 at such general or quarter sessions, or at the sessions next after any such report or presentment made, shall cause notice to be given, three times at least, in some public newspaper circulating within the county, &c., of such report or presentment having been laid before such sessions, and of their intention to take the same into consideration at the next ensuing or some subsequent general or quarter sessions, or adjournment thereof; and in case the justices at such last-mentioned sessions, or the major part of them, shall resolve that such report or presentment is well founded, then such justices, at the sessions mentioned in such notice, or at a subsequent sessions, or adjournment thereof, with the like notice, shall take such measures, either by contract or otherwise, as shall appear to them to be requisite and proper, for the altering, enlarging, or repairing, or for building or rebuilding any such gaol or house of correction, regard being had, in the case of contracts, to the reasonableness of the price and responsibility of the contractors; and every contractor shall give sufficient security for the due performance of his contract to the clerk of the peace or townclerk for the county, riding, division, district, city, town, or place, to be inspected at all reasonable times by any justices or by any other person contributing to the rate of such county, riding, division, district, city, town, or place, without fee or reward. Id. 8. 45. For this purpose, justices are empowered to purchase lands, houses, &c. Id. 8. 46. And by stat. 2 & 3 Vict. c. 56, s. 11, every prison which is inadequate to give effect to the rules, prescribed by this Act, or to be made and submitted to the secretary of state under the authority of this Act, shall be taken to be within the provisions of the said Act, 4 G. 4, c. 64, concerning prisons which are inadequate to give effect to the rules and regulations prescribed by that Act, and may be reported or presented accordingly. But it shall not be lawful to enlarge, build, or rebuild any prison, until a plan of such prison or intended prison, and of the intended additions thereunto, drawn upon a scale of not less than one sixteenth of an inch to a foot, shall have been sent to one of Her Majesty's principal secretaries of state, and until the secretary of state shall have subscribed a certificate or declaration approving such plan, except in the case hereinafter provided: provided always, that in every case in which the secretary of state shall disapprove any such plan, he shall state in writing under his hand the grounds of his disapproval; and it shall not be lawful for him to disapprove the plan of any intended prison, in which rules for the separate confinement of prisoners are not in force, on the sole ground that such plan does not allow the separate confinement of prisoners. Id. 8. 12. Provided that if three calendar months shall elapse from the time when such plan shall have been received by the secretary of state, without any notification by the secretary of state that such plan is disapproved by him, such plan may be put in execution, although no such certificate or declaration shall have been subscribed as aforesaid. Id. 8. 13. And if it shall at any time happen that any such gaol or house of correction shall become unsafe or unfit for the custody of the prisoners confined therein, between the several times of holding the general or quarter sessions, it shall and may be lawful for any two or more justices (one of whom shall be a visiting justice for the prison) to order such repairs and alterations to be immediately done and made, as may be necessary and sufficient for the safe and proper custody of such prisoners and the upholding of such prison; and such justices shall report the same to the next court of general or quarter sessions to be holden for such county, riding, division, district, city, town, or place; and such court is hereby authorized to order the payment of such sum or sums of money as shall have been properly expended in such repairs or alterations as aforesaid. 4 G. 4, c. 64, s. 47. In case it shall be expressly presented that the place wherein any old prison is situated is improper, 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, the justices so assembled may contract for the building of a new gaol or house of correction in any part of the county, &c., which they may deem eligible; and make sale of the old site. Id. s. 50. See further upon this subject, 7 G. 4, c. 18. In what cases the justices at sessions may mortgage the county rates, to raise money for the building, repairing or enlarging a gaol or house of correction, see 4 G. 4, c. 64, ss. 54, 55; as to the power of corporations, &c., to convey lands, &c., 38. 56, 57; compensation for lands, &c., ss. 58-61; application of purchase money, ss. 62-66. And see 6 G. 4, c. 40. 5 & 6 Vict. c. 98. 2. To what Prisons Offenders shall be committed. Vagrants.] All idle and disorderly persons, rogues and vaga. bonds, incorrigible rogues and other vagrants, shall be committed to some house of correction; and such house of correction shall be deemed the only legal place of commitment of any such person. 4 G. 4, c. 64, s. 7. Other offenders.] This subject has already been sufficiently treated of, under the title "Commitment," ante, p. 298, to which the reader is referred. 3. Classification of Prisoners. How.] "The male and female prisoners shall be confined in separate buildings or parts of the prison, so as to prevent them from seeing, conversing, or holding any intercourse with each other; and the prisoners of each sex shall be divided into distinct classes, care being taken that prisoners of the follow |