and prisoners, as they may think expedient, and shall forthwith transmit a copy thereof to the Governor, who, in Council, may confirm, amend, add to, or annul the same, and to such as may be confirmed, subscribe a certificate that they are proper to be enforced; and all regulations so made and certified, shall be binding upon all persons; printed copies of all the regulations shall be kept posted up in some convenient part of the respective buildings allotted to the males and feinales, and no regulations shall be of any force until duly certified as above by the Governor.

11. Copies of all such regulations shall be laid before the Legislative Council and House of Assembly by the Governor, within twenty days after they shall have been so made, if the Legislature be then in Session, or if not, within twenty days after the commencement of its next Session.

12. Any Justice of the City and County of Saint John may arrest, or cause to be arrested, any vagabond, suspicious, or disorderly person, within the said City and County, and commit them to the said Penitentiary for any term not exceeding forty days, with hard labour.

13. The Justices in any General or Special Sessions may cause all persons sentenced to imprisonment with hard labour, and all vagabonds, and other suspicious or disorderly persons, at any time in confinement in the gaol or work house of the County, under any conviction, to be removed therefrom and conveyed to the Penitentiary, and may make such orders for their conveyance, and the necessary expenses thereof, as to such Justices may seem meet; and the keeper shall forthwith receive such persons into his custody, and keep them at hard labour, until their respective terms of imprisonment expire.

14. Whenever by any law, authority is or may be given to imprison any person in any house of correction or goal, with hard labour, or in the Penitentiary, such imprisonment may be in the said Penitentiary with hard labour.

15. The Sheriff or Deputy Sheriff of any County, or any constable or other officer by his direction, may convey to the Penitentiary any offender sentenced or liable to be imprisoned therein, and deliver him to the keeper there, without any further warrant than a copy of the sentence taken from the minutes of the Court before whom he shall have been tried,

and certified by a Judge, or by the Clerk or acting Clerk of such Court.

16. The Sheriff or person employed to convey any offender to the Penitentiary, may secure and convey him in and through any County; and all reasonable expenses incurred shall, if the conviction have been before any Court other than the Assizes, be paid by the County where the same shall have taken place, being first allowed by the Justices, who shall order the Treasurer of such County to pay the same; and if the conviction have been before the Assizes, the expenses shall be ascertained by the Justices of the proper County at any General or Special Sessions, and after being duly audited by the Provincial Auditor shall, if correct, be paid from the Provincial Treasury by Warrant thereupon drawn under the hand and seal of the Governor.

17. The keeper of the Penitentiary, or person in charge of the prisoners therein, shall have the same power over them as are incident to the office of sheriff or gaoler, and for abuse of the same or other misbehaviour, or negligence in the discharge of his office, shall be liable to the same punishment as a gaoler now is by law; and every under keeper, turnkey, and person having charge of the prisoners, shall, within the City and County of Saint John, have the same powers, advantages, and immunities, besides those of their office, as are by law given to any duly appointed constable.

18. If any offender, while being conveyed to the said Penitentiary, shall escape from the person having him lawfully in custody, or being confined therein shall break prison, he shall be guilty of felony.

19. If any person shall rescue any offender sentenced to be imprisoned in the said Penitentiary, while being conveyed thereto, or imprisoned therein shall assist in such rescue, or by supplying arms, tools, or instruments of disguise, or by any other means shall assist any such offender in any prison breach, escape, or attempt to escape, though unsuccessful, or shall attempt to rescue any such offender, or assist in such attempt, though no rescue be made, or if any person having the custody of such offender shall wilfully permit him to escape, he shall be guilty of felony; and if any person having such custody shall negligently permit any such offender to escape, he shall be

guilty of a misdemeanor, and be liable to fine or imprisonment, or both, at the discretion of the Court.

20. Every offender while being conveyed to the Penitentiary, who shall escape or be rescued, or who shall break prison or be rescued therefrom, may be tried either in the County where such offence shall have been committed, or in that where he shall have been apprehended; in any prosecution for any such offence, either against the principal offender, or against any other person assisting or concerned therein, the custody of such offender may be laid in the indictment as being in the keeper of the Penitentiary, and a certificate of the conviction and sentence under which such offender was imprisoned, or about to be imprisoned, given by the Clerk of the Court in which it was made, shall, together with proof of the identity of the offender, be sufficient evidence on the trial of the nature and fact of his conviction, and of the specific period of confinement to which he was sentenced.

21. Every person convicted of felony under this Chapter, shall be imprisoned in the said Penitentiary for any term not exceeding seven years, nor less than one year, in the discretion of the Court.

22. If any person shall introduce or attempt to introduce into the said Penitentiary, any letters, liquor, tobacco, or other prohibited article, he may be apprehended by any other person and carried before any Justice for the City and County of Saint John, who shall hear and determine the case in a summary way, and if he lawfully convict such of the above offence, he shall forthwith commit the offender to the Penitentiary for a term not exceeding one month, with hard labour, unless he forthwith pay such sum, not exceeding five pounds nor less than one pound, as the Justice may impose, the same to be paid to the Commissioners for the use of the Penitentiary.

23. The provisions made by any law of this Province for the protection of Justices and Constables in the execution of their duty, shall extend to the Commissioners of the Penitentiary, the keeper, and officers thereof; and any action or other proceeding to be instituted against any of them, or against any other person for any thing done in pursuance of this Chapter, shall be laid and tried in the County in which, and be commenced within three months after the act, committed; notice

of action and of the cause thereof shall be given in writing to the party complained of, at least one month before the commencement of the action. The defendant may plead the general issue, and give the special matter in evidence at the trial. No plaintiff in any such action shall recover, if sufficient amends shall have been tendered before, or a sufficient sum of money paid into Court after its commencement, by or on behalf of the defendant. If judgment shall be given against the plaintiff, the defendant shall recover his full costs; and if a verdict be given for the plaintiff in any such action, he shall not have costs, unless the Judge before whom the trial shall have taken place certify his approbation of the action and the verdict therein.

1. Lime hogshead, what to contain, &c, 2. Shipping lime for exportation contrary penalty. hereto, penalty.

1. Every hogshead made for the purpose of carrying lime shall contain at least one hundred gallons, and every half hogshead at least fifty gallons, with the name of the manufacturer branded on the head; and if any person shall make any hogshead or half hogshead of a smaller size, or shall neglect to brand the same before the lime is put in, he shall for every offence forfeit the sum of five shillings.

2. If any person shall ship for exportation on board of any vessel, or sell any lime in hogsheads or half hogsheads of a smaller size, or not branded, such person and the master of the vessel shall each forfeit the sum of five shillings for every hogshead or half hogshead so sold or shipped; but lime may be packed for sale or exportation in casks of a smaller size, if their contents have been ascertained by a sworn gauger, and marked thereon.

1. All Firewood and Bark when bought or sold by measurement, shall be measured by the cord, which shall be eight feet in length, four feet in breadth, and four feet four inches in height; or if measured in a vehicle, at the rate of one quarter of a cord to each load, such load shall measure four feet in length, two feet and nine inches on an average in breadth, and three feet and three inches in height.

2. Every vehicle used for the meaurement and carriage aforesaid, shall be provided with stakes on each side, placed so as to leave two feet eight inches in width between the foremost stakes, and two feet ten inches in width between the two hindmost stakes; such stakes shall be three feet three inches in height from the floor of such vehicle, and no more, shouldered with a band of iron round the part which enters the mortice, and the mortice cased with iron; within two feet nine inches. from the floor of such vehicle shall be an iron chain across the same, from one stake to the opposite one, to prevent their spreading. And such wood or bark shall be well stowed, and no higher than the tops of the stakes; and the upper surface of the wood or bark shall be level.

3. If any such vehicle shall not be in all respects according to the above requirements, or if firewood or bark shall be placed or measured on the same otherwise than is herein described, the owner or driver of such vehicle shall, for every time the same shall be so used, forfeit the sum of five shillings, to be appropriated one half to the Overseers of the Poor where the offence is committed, and the other half to the prosecutor.