(Ireland.) A BILL [AS AMENDED IN COMMITTEE] FOR 5 The Formation, Regulation, and Government of W [The Clause marked A. was added in Committee.] HEREAS it is expedient to amend the Laws now in force Preamble. relating to Convict Prisons and Hulks, and to establish Rules and Regulations for the Government of Prisons or Hulks set apart for the Reception of Prisoners under Rule or Order of Transportation or of Penal Servitude in Ireland: And whereas it is expedient that all the Powers relating to Convict Depôts, Hulks, or Prisoners under Rule or Order of Transportation, set forth in the Act passed in the Seventh Year of His Majesty King George the Fourth, Chapter Seventy-four, or any other Act, should be vested in Directors to be appointed as herein-after mentioned: Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent 10 of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows: I. So much of the Act passed in the Seventh Year of His Kepeal of Majesty King George the Fourth, Chapter Seventy-four, intituled former Acts. "An Act for consolidating and amending the Laws relating to 7 G. 4. c. 74. 15 Prisons in Ireland," as relates to Hulks, Penitentiaries, or Convict Depôts, or to the Classification, Government, and Inspection of the Declaration of Convict Prisons. Convict Pri sons to be free from all Rates, Taxes, &c. Lord Lieutenant to Prisons. II. It shall and may be lawful for the Lord Lieutenant by Warrant to be published in the "Dublin Gazette," to set apart and appoint Places of Confinement either at Land or on board Vessels, to be provided for that Purpose for Prisoners under Sentence or Order of Transportation or of Penal Servitude; and all such Places of Con- 5 finement so set apart and appointed, and all Yards, Offices, Grounds, and Premises thereunto pertaining, shall be held to be and considered "Convict Prisons." III. All Convict Prisons now established, or hereafter to be established, and all Lands, Buildings, Tenements, and Hereditaments 10 thereunto belonging, with the Appurtenances thereof, and all Persons in respect thereof, shall be wholly freed and discharged from all Taxes, Rates, Assessments, and public Charges whatsoever. IV. It shall and may be lawful for the Lord Lieutenant to appoint not more than Three Persons to be Directors of the said Convict 15 appoint Directors of Prisons, with such Salaries as the Commissioners of Her Majesty's Treasury shall approve, and the said Directors shall, subject to the Directions which they may from Time to Time receive from the Chief Secretary to the Lord Lieutenant, have the Control and Management of all the said Convict Prisons, and of all Prisoners 20 confined therein; and it shall and may be lawful for the Lord Lieutenant to appoint One of such Persons to be Chairman of such Directors, and One of them, or One other Person, to act as Secretary and Accountant, and from Time to Time to remove any of such Persons to be so appointed, and to appoint another or others in his or 25 their Stead; and the said Directors shall be One Body Politic and Corporate, by the Name of the "Directors of Convict Prisons for Ireland," and by that Name have perpetual Succession and a Common Seal, and by that Name shall and may sue and be sued, and shall have Power and Authority to take and purchase and hold Lands, 30 Tenements, and Hereditaments to them, their Successors and Assigns, for the Purposes of this Act, or any other Act or Acts ainending the Directors empowered to contract for Diet, Clothing, and Manufactures for Convict Prisons. same. V. The said Directors of Prisons shall have Power to make Contracts with any Persons whosoever for the Clothing, Diet, and other 35 Necessaries, for the Maintenance and Support of the Convicts confined in Convict Prisons in Ireland, and for the Implements and Materials for any kind of Manufacture, Trade, or Works in which Convicts confined in such Prisons shall be employed, and also to carry on such Manufacture, Trade, or Works in such Prisons, and to sell such 40 Goods, Wares, and Merchandise as shall be there wrought or manufactured; and also to carry on any Works in any Place outside such Prisons, where the Chief Secretary shall direct. VI. The VI. The said Directors of Prisons shall, on or before the Tenth Day Directors to of March in each Year, and oftener if required by the Chief Secretary, report to make a Report in Writing under their Hands to the Chief Secretary, tary and to specifying the State of the Buildings, the Behaviour and Conduct of Parliament annually. 5 the Officers of the several Convict Prisons, and of the Convicts, the Amount of the Earnings of the Convicts, and the Expense of all such Convict Prisons, the Rules and Regulations made by them, and such other Matters relating to the Discipline and Management of such Prisons as the said Directors shall deem expedient, or as the said Chief 10 Secretary shall direct; and every such Report shall be laid before both Houses of Parliament within One Calendar Month next after the Receipt thereof, if Parliament be then sitting, or if not, then within One Calendar Month after the then next Meeting of Parliament. VII. It shall and may be lawful for the Lord Lieutenant to appoint Appointment 15 for each Convict Prison in Ireland a Governor, Chaplain or Chaplains, of Officers. a Medical Officer or Medical Officers, and such other Officers and Servants as shall be deemed to be necessary for the Service and Discipline of such Prison, and to remove all or any of them, and to fix the Salaries to be paid to the said Governor, Chaplain or Chaplains, 20 Medical Officer, and all other Officers and Servants so appointed, subject to the Approval of the Commissioners of Her Majesty's Treasury. VIII. It shall be lawful for the said Directors of Prisons, if they Officers may shall deem it necessary, to require any Person employed in the Convict be required to give 25 Service in Ireland to give Security for the due Performance of his Security. Duties, in such Sums, and with such collateral Securities, and in such Form as the Lord Lieutenant shall direct. dismissed IX. If any Person appointed to any Office or Employment in any For ousting Convict Prison in Ireland, who shall be removed from his Office or Officers. 30 Employment, shall refuse or neglect to quit the said Prison, or to give up Possession of any House, Building, or Apartment therein, or belonging thereto, within such Period as shall be fixed in any Order or Notice in Writing, to be signed by the Directors of Prisons, not being less than Forty-eight Hours after the Delivery to such Person 35 of any such Order or Notice, then it shall be lawful for any Justice of the Peace acting for the County in which the Convict Prison is situate, on the Application of any One of the said Directors, by Warrant under the Hand and Seal of such Justice, to direct the Sheriff of the County to remove such Person out of the Prison; and the said 40 Sheriff shall thereupon clear the Possession thereof, so far as relates to any Part of the Prison, or any House, Building, or Apartment therein or belonging thereto, occupied by or in Possession of such Person, in like Manner as upon a Writ of Habere facias possessionem. Directors to make Rules Prisons, X. It shall and may be lawful for the said Directors of Prisons to for Convict make, and from Time to Time to alter, Rules for the Regulation of all Convict Prisons in Ireland, and for the Duties and Conduct of the Governors and other Officers of said Prisons, and for the Diet, Clothing, Maintenance, Employment, Instruction, Discipline, and Correction of 5 the Convicts imprisoned therein; provided nevertheless, that no Rule, whether it be original, or any Amendment or Revocation of a former Rule, shall be enforced until it shall have been approved of by the Chief Secretary. tary. Offenders under Sentence of tion or Penal Servitude may be removed from and to Prisons. XI. It shall be lawful for the Chief or Under Secretary to direct the 10 Removal from and to any Convict Prison of any Convict under Sentence Transporta- or Order of Transportation or Penal Servitude, who shall appear by the Certificate of the Medical Officer of the Gaol to be freed from any putrid or infectious or cutaneous Distemper, and fit to be removed from the Gaol, Prison, or other Place in which such Offender shall be 15 Government confined; and the Sheriff or Gaoler having the Custody of any Convict whose Removal to a Convict Prison shall be ordered in manner aforesaid shall, when so required to do, deliver up the said Convict to the Constabulary Officer or other Officer or Person who shall produce the said Order so made as aforesaid, together with a Copy, 20 attested by the said Sheriff or Gaoler, of the Sentence and Date of Conviction of such Convict, and also a Return specifying such other Particulars within the Knowledge of the said Sheriff or Gaoler concerning such Convict as may be from Time to Time directed by the Chief or Under Secretary of the Lord Lieutenant: And the said Constabulary 25 Officer or other Officer or Person shall give a Receipt to the said Sheriff or Gaoler for such Convict, and shall thereupon, with all convenient Despatch, convey and deliver up any such Convict, with the said attested Copy and Return, into the Custody of the Governor of the Convict Prison mentioned in the said Order; and the said Governor shall give a 30 Receipt in Writing for every Convict so received into his Custody to such Constabulary Officer or other Officer or Person as his Discharge. Hours of XII. Such Convicts may be employed in Work every Day in the Year except Sundays, Christmas Day, Good Friday, and any other Day or Days appointed for a general Fast or Thanksgiving, or any 35 Holiday or Holidays as may be fixed and stated in the General Rules to be made by the Directors of Prisons, to be appointed under this Act, for so many Hours, not exceeding Twelve, exclusive of the Time allowed for Meals and Exercises, as the said Directors shall order: Provided always, that the said Directors, by a written Order, may 40 allow any Convict at his own Request to labour for a longer Time than is required by the Rules to be made as aforesaid. XIII. No XIII. No Convict who shall have been received into the Custody Discharge of of the Governor of any such Convict Prison shall be dismissed from Convicts. the said Prison at the End or other Determination of his Term, if he shall then labour under any acute or dangerous Distemper, unless at 5 his Request, and when such Convict shall be finally discharged such decent Clothing and such Assistance in Money or otherwise as shall be judged proper by the Directors shall be given to such Convict. sons to enter XIV. No Person except the Directors, Officers, and Servants of None but the Prison, or such other Persons as shall be authorized by the certain Per10 Directors or by the Rules to be made under this Act, shall be allowed Convict at any Time to enter any Part of any Convict Prison, or to converse or hold Communication of any kind with any of the Prisoners. Prisons. have same Power over Prisoners in his Custody as the Sheriff or Gaoler. XV. After the Delivery of any such Convict as aforesaid into the Governor to Custody of the Governor of any Convict Prison, such Governor, or 15 other Person having the Custody of Convicts under his Direction, shall, during the Term for which such Convict shall be ordered to remain in his Custody, have the same Powers over such Convicts, whether within or without the Prison, as are incident to the Office of Sheriff or Gaoler, and in case of any Abuse of such Custody, or other 20 Misbehaviour or Negligence in the Discharge of his Office, shall be liable to the same Punishment to which a Gaoler is now liable by Law. XVI. In case any Convict shall be guilty of any repeated Offence CLAUSE A. against the Rules of the Prison, or shall be guilty of any greater Corporal Offence than the Gaoler or Keeper is by this Act empowered to 25 punish, the said Gaoler or Keeper shall forthwith report the same to the Directors, or One of them, for the Time being; and any One such Director shall have Power to inquire upon Oath, and to determine concerning any such Matter so reported to him or them, and to order the Offender to be punished by close Confinement for any Term not 30 exceeding One Month, or by personal Correction. Punishment. breaking XVII. Every Prisoner who shall be ordered to be detained in any Convicts Convict Prison, who at any Time shall break Prison, or who while escaping or being conveyed to such Prison shall escape from the Person or Persons Prison. having the lawful Custody of such Prisoner, shall be punished by an 35 Addition, not exceeding Two Years, to the Term of his Sentence; and Two Years additional Convict Prison who at any Time shall attempt Imprisonevery Prisoner in any to break Prison, or who shall forcibly break out of his Cell, or make ment. any Breach therein with Intent to escape therefrom, or shall escape One Year for or attempt to escape when at Work outside the Prison, shall be bra prison. 40 punished by an Addition, not exceeding One Year, to the Term of his Imprisonment. Attempt to |