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prison, to take cognizance of all matters of pressing necessity, and to regulate the same so far as their commissions as justices extend; and once at the least in each quarter of the year to make their report to the justices in sessions assembled (p).

Careful regulations have been made in the same statute for the spiritual care of the prisoners during their incarceration. For this purpose it is enacted that there shall be appointed for each prison a chaplain and assistant chaplain (if thought necessary), being respectively clergymen of the established Church (q); and notice of the nomination is to be sent to the bishop of the diocese, without whose licence no nominee can officiate (r). There shall also be provided in every prison either a chapel or a room suitable for the purposes of a chapel, in which prayers selected from the liturgy of the established Church and portions from the Scriptures shall be daily read, either by the chaplain himself, the gaoler, or such person as shall be selected by the visiting justices (s); and there are also other provisions to secure the regular and due performance of divine service in the prison, and the bestowal of religious and moral instruction on such prisoners as are willing to be taught. And in order to meet the spiritual requirements of such prisoners as do not belong to the established Church, an Act was passed in 1863 (the 26 & 27 Vict. c. 79), under the provisions of which (taken in connection with the 28 & 29 Vict. c. 126, now under consideration), the prison authorities are enabled to appoint a minister of the persuasion to which such prisoners belong; and, if they see fit, to award him out of the prison rates a reasonable recompence for his services (t).

(p) 28 & 29 Vict. c. 126, s. 53. Any justice with jurisdiction in the place to which a prison belongs may also, whenever he sees fit, enter and examine into the condition of the prison, and make observations

thereon in a book kept for the purpose (sect. 55).

(g) Sect. 10.

(r) Sect. 13.

(8) Sched. I., Nos. 44, 45.
(t) Sect. 47.

With respect to the particular management of the prisons, and the rules for the due discipline and care of the prisoners, the Act contains a variety of provisions with regard to their admission and discharge, their food, clothing and bedding, their personal cleanliness, their employment, health and instruction, and other matters too numerous and of too specific a character to be inserted in this place. We must content ourselves with adding, that, besides these, the justices, in sessions assembled, are enabled to frame regulations as to diet and other matters of internal economy,-though rules so issued must receive the approval of one of her majesty's principal secretaries of state before they become valid (u). A principal secretary of state is also empowered to appoint a sufficient number of proper persons as Inspectors for every place of imprisonment in Great Britain; who are to visit and inquire into the state of these establishments, call the attention of the visiting justices by letter to any irregularity or complaint (a), and report annually the results of their inquiries to the secretary of state. And these reports are afterwards laid before both houses of parliament (y).

Besides the prisons to which the above Act applies, there are some particular prisons which are the subject of separate and specific regulation. As

1. Millbank Prison, formerly called "The Penitentiary at Millbank," is used for the temporary reception of convicts (male and female) under sentence of penal servitude (z). Although locally situated within their jurisdiction, the justices for Middlesex or Westminster have no authority over this prison (a): but it is placed under a board of three persons, appointed by a principal secretary of state, and established as a body corporate, by the

(u) 28 & 29 Vict. c. 126, s. 21.
(x) Sect. 22.

(y) 5 & 6 Will. 4, c. 38, s. 7.
(z) As to Millbank Prison, see

6 & 7 Vict. c. 26; 11 & 12 Vict. c. 104; 13 & 14 Vict. c. 39; and 23 & 24 Vict c. 60.

(a) 6 & 7 Vict. c. 26, s. 8.

name of "The Directors of Convict Prisons" (b). These Directors are to make regulations for the government of the prison, subject to the approbation of a principal secretary of state, and to make yearly reports to such secretary, as to all matters relating to the prison or to the convicts; and these reports are to be afterwards laid before both houses of parliament (c). The secretary of state is also to appoint for the prison, a governor, a chaplain, a medical officer, a matron, and such other officers as may be deemed necessary (d). By 32 & 33 Vict. c. 95, military offenders may also be sent to this prison for the purpose of undergoing their sentences.

2. Parkhurst Prison; established for the confinement and correction of young offenders, male or female, as well those under sentence of penal servitude, as those under sentence of imprisonment (e). The rules for this prison (which is in the Isle of Wight) are to be made by one of the principal secretaries of state, and afterwards laid before parliament; and they may include the infliction of corporal punishment on all male offenders therein confined. By the same authority a governor, chaplain, surgeon, and matron, and all other necessary officers, are to be appointed. This establishment also is placed, by 13 & 14 Vict. c. 39, under the superintendence of the " Directors of Convict Prisons ;" who, if they discover any abuses, are to report the same to a principal secretary of state;

(b) 13 & 14 Vict. c. 39. These directors also superintend, visit and report upon to parliament other places (not mentioned in the text) used for the confinement of offenders under sentence of penal servitude. The places here referred to are such as shall be appointed for the purpose by order in council. (See 5 Geo. 4, c. 84, s. 10; 13 & 14 Vict. c. 39; 16 & 17 Vict. c. 99; 20 & 21 Vict. c. 3.) The existing establishments include those at Portland, Portsmouth,

Chatham, Dartmoor, Brixton, Woking, and Fulham. Of these, those at Woking and Fulham are appropriated to invalids, and those at Brixton and Fulham to females. (See the Report of the Directors of Convict Prisons, for the year 1860.)

(c) 6 & 7 Vict. c. 26, ss. 10, 11. And see 13 & 14 Vict. c. 39, s. 1. (d) 6 & 7 Vict. c. 26, s. 5.

(e) See 1 & 2 Vict. c. 82; 5 & 6 Vict. c. 98, s. 12; 20 & 21 Vict. c. 3, s. 3.

and they are required, also, to make a half-yearly report as to its state and condition, which is submitted annually to parliament (ƒ).

3. Pentonville Prison; established for the temporary confinement of male convicts under sentence of penal servitude (g). This also is placed by 13 & 14 Vict. c. 39, under the superintendence of " The Directors of Convict Prisons;" and power is conferred on them to hold meetings and make rules, subject to the approbation of a principal secretary of state (h); and, with the like approbation, to appoint officers, comprising a governor, a chaplain, a medical officer, and such others as may be found necessary (i). And it is provided, that the Directors shall from time to time appoint one or more of themselves to visit the prison during the intervals between their meetings; and that they may delegate power to such visitors to make orders in cases of pressing emergency (k). And further, that the Directors shall annually make reports to the secretary of state as to all matters relating to the prison, its discipline and management; which reports shall afterwards be laid before both houses of parliament (7).

(f) 1 & 2 Vict. c. 82; 13 & 14 Vict. c. 39.

(g) See 5 & 6 Vict. c. 29, ss. 14, 16; 16 & 17 Vict. c. 99, s. 6; 20 & 21 Vict. c. 3, s. 3.

(h) 5 & 6 Vict. c. 29, s. 9.
(i) Sect. 6.

(k) Sect. 10.

(1) Sect. 13.

CHAPTER VII.

OF THE LAWS RELATING TO HIGHWAYS AND BRIDGES.

HIGHWAYS are those public roads which all the subjects of the realm have a right to use; and the term, (for some purposes at least,) also applies to ways common to the inhabitants of some particular parish or district only, as the case of church paths (a). The roads now in use have in general either existed by prescription (that is, from time immemorial), or have been constructed under the authority of local acts of parliament. They may be traced, however, in some cases, to a different origin; for the owner of any land may, if he think fit, dedicate a way over it to the use of the public; and if he long permit strangers to pass over it, at their free will and pleasure, and without molestation, a dedication of this kind will be presumed (b).

The parish is, of common right, bound (as the general rule) to keep in repair any highway within its boundaries, whatever may be the manner in which the road first originated; but, in some cases, the liability to repair attaches (by prescription) to a particular township, or other division of a parish (c); and occasionally ratione

(a) See 5 & 6 Will. 4, c. 50, s. 5. A highway may exist in a place which is not a thoroughfare. (Bateman v. Bluck, 18 Q. B. 870.)

(b) As to highways by dedication, see Barraclough v. Johnson, 8 A. & E. 99; Poole v. Huskinson, 11 Mee. & W. 827; Roberts v. Hunt, 15 Q. B. 17; The Queen v. Petrie, 4

Ell. & Bl. 737; Dawes v. Hawkins, 8 C. B., N. S. 848; The Queen v. Dukinfield, 4 B. & Smith, 158; Bermondsey v. Brown, Law Rep., 1 Eq. Ca. 204; Mercer v. Woodgate, ib. 5 Q. B. 26; Arnold v. Blaker, ib. 6 Q. B. 433.

(c) See Queen v. Lordsmere, 15 Q. B. 689.

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