Colonial Secretary, direct any person in prison under the sentence prisoners in of any Court for an offence committed by him, to be removed from other cases. 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 of imprisonment, or any part thereof which may then remain unexecuted.

Sunday, pri

20. Any prisoner whose term of imprisonment would, according When term of to his sentence, expire on any Lord's day, shall be entitled to his imprisonment discharge on the Saturday next preceding such Lord's day, and expires on every gaoler of every prison having the custody of any such soner to be prisoner as aforesaid is hereby required and authorized to dis- discharged on charge such prisoner on the Saturday next preceding any such preceding day. Lord's day.

*Labour of Convicts.

21. Every sentence of penal servitude passed or to be passed Effect of upon any convict shall subject the convict during the term of such sentence of penal sentence to be imprisoned with hard labour, and to be otherwise servitude. dealt with under such sentence, in the same manner as if sentenced to imprisonment with hard labour for the same term.

convicts

regulated.

22. Every criminal prisoner under sentence of penal servitude, Labour of 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 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 Requisites as of two classes: hard labour of the first class, consisting of shot to hard drill, stone breaking, stone carrying, or such other like description

See Rule No. 35, post. As to employment of Prisoners not ordered to be kept to hard labour, see Order of 26th Oct. 1883. As to labour on crank or treadmill, Order of 26th March, 1885.

labour.

Escape of criminal prisoners:

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 from prison, or out of lawful custody, he shall, if in prison, or in Punishment. 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 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.

Aiding prisoners to

escape:

25. Every person who aids any prisoner in escaping or attempting to escape from lawful custody, or who with the intent to Punishment. facilitate the escape of any prisoner conveys or causes 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.

Interfering

with convicts Punishment.

at work:

26. If any person shall in any manner interfere with any convicted criminal prisoner at work without the precincts of any prison, or shall supply him with tobacco, spirits, food, 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.

breaches of

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.

28. Every person who contrary to the prison regulations brings Punishment for carrying or attempts by any means whatever to introduce into any prison spirituous any spirituous or fermented liquor or tobacco, and every officer of liquors or a prison who suffers any spirituous or fermented liquor or tobacco tobacco into to be brought, kept, or used therein contrary to the prison regula- prison. tions, 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.

29. Every person who contrary to the prison regulations Punishment for carrying conveys or attempts to convey any letter or other document, or letters, &c., any article whatever not allowed by such regulations into or out into or out of of any prison, shall be punished with fine not exceeding twenty prisons, pounds, and if an officer of the prison shall also be liable to forfeit contrary to Regulations. 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.

Modes of

proof.

30. In any charge or information against any person for any Form of inoffence contrary to the provisions of this Ordinance, it shall be formation. 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.

Prisoner seriously ill may be removed, by order of a Court or

Judge, and in

cases of

emergency on

written certificate of Medical Officer, to a Hospital.

Monthly report to be sent Secretary by

to Colonial

Medical
Officer.

Power to

Gaol.

Pri

Illness of Prisoners.

31. In case of the serious illness of any prisoner confined in any Prison under any sentence of a Court or Judge, the Court or Judge may on the certificate of the Medical Officer of such Prison make an order for the removal of such prisoner to the Government Civil Hospital, and in case of emergency such removal shall forthwith be made by the Gaoler upon the written certificate of the said Medical Officer, provided always that in such case the said Medical Officer shall within twenty-four hours of such removal report the same to the Colonial Secretary and forward together with such report a certificate signed by him stating the nature of the illness of the prisoner and the circumstances in which his immediate removal was effected. (3 of 1884, s. 1.)

32. So long as any prisoner who shall have been removed to any Government Civil Hospital under the provisions of the last preceding section shall remain therein, the Medical Officer thereof shall, at the end of every month, transmit to the Colonial Secretary a Report setting forth the names of such prisoner or prisoners and a certificate signed by him that it is in his opinion necessary that he or they should so remain in the said Hospital. (3 of 1884, s. 2.)

33. So soon as in the opinion of the Medical Officer in charge of convey to any Hospital, it is no longer necessary that any prisoner who, under the provisions of this Ordinance shall have been removed to the said Hospital, remain therein, the said Medical Officer shall transmit to the Gaoler a certificate in writing, signed by him stating that such necessity has ceased and thereupon the Gaoler shall forthwith cause such prisoner to be brought back to the gaol if he is still liable to be confined therein. (3 of 1884, s. 3.)

Liability of

34. If any prisoner shall escape during such time as he is in any Prison Officers Government Civil Hospital as aforesaid no Prison Officer shall be held answerable therefor, unless such prisoner shall have been in the personal custody of such Officer. (3 of 1884, s. 4.)

for escape limited.

Medical

Officers and
Hospital

Officials to

take precautions for preventing escapes.

Sheriff may

for further

35. Every precaution shall be taken by the Medical Officers and other Officers of the Government Civil Hospitals to prevent the escape of prisoners who may at any time be under treatment in the said Hospitals, and it shall be lawful for the Officers of the said Hospitals to take such measures for preventing the escape of any such prisoners as shall be necessary, provided that nothing be done under authority hereof which in the opinion of the Medical Officers is likely to be prejudicial to the health of such prisoners. (3 of 1884, s. 5.)

36. Where in any case from the gravity of the offence for which take measures any prisoner may be in custody or for any other reason the Sheriff security of considers it to be desirable to take further measures for the security any prisoner of such prisoner while under treatment in a Government Civil in Hospital.

Hospital it shall be lawful for him to give such prisoner into the charge of fit and proper persons not being less than two in number, one of whom at the least shall always be with such prisoner day and night, and such persons shall be vested with full power and authority to do all things necessary to prevent such prisoner from escaping and shall be answerable for his safe custody until such time as he is handed over to the Gaoler on his discharge from Hospital or until such time as his sentence expires, whichever may first occur. (3 of 1884, s. 6.)

Miscellaneous Provisions.

under ex

37. Any convict under any extended sentence shall be liable to Convicts be dealt with and punished in the same manner in every respect, tended and particularly by repeated extensions of his sentence, as if he sentence dealt was under an original sentence of penal servitude, or imprisonment with as if with hard labour. (9 of 1876, s. 31.) under original

sentence.

38. All rules in force in any prison that are inconsistent with Saving as to this Ordinance shall be repealed from and after the commencement existing rules. 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. (9 of 1876, s. 32.)

in execution

39. Any action or prosecution against any person for anything Protection to done in execution, or intended execution, of this Ordinance, shall persons acting be commenced within three months after the cause of action arose, of Ordinance. 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. (9 of 1876, s. 33.)