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c. 109. re

L. The Ninth Section of the Act passed in the Session of Parlia- Sect. 9. of ment holden in the Third and Fourth Years of Her present Majesty, 3 & 4 Vict. Chapter One hundred and nine, is hereby repealed; and it shall be pealed. lawful for the Grand Jury of any Borough which shall be a County Borough may 5 of a City or County of a Town, or for the Council of any such Borough, contract with County for when such Council shall be the Body having authority over the Gaols of Reception of the said Borough, to contract with the Grand Jury of any County adjoin- Prisoners in the County ing the said Borough, or with which it shall have a common Boundary, Gaol. for the Support and Maintenance in any Gaol or House of Correction 10 of such County of the Prisoners, as well Debtors as Criminals, committed thereto from such Borough; provided that no such Contract be entered into without an Order for that Purpose being made by each Grand Jury or Council which shall be party thereto in their County Book or other Book in which their Proceedings are entered, and every 15 such Contract may either be perpetual or limited to a Term of Years, as the Parties shall mutually agree; and during the Existence of such Contract all Prisoners, as well Debtors as Criminals, who would otherwise be confined in the Gaol or House of Correction of such Borough, may be lawfully committed or removed to and confined in the Gaol so 20 receiving them under such Contract, and every Person so committed and removed shall be, and shall to all Intents and Purposes be deemed to be, in the proper legal Custody for and during the Time of such Committal and Removal, and for and during such Time as he shall be in the said Prison so receiving him, under such Control as aforesaid, in 25 like Manner to all Intents and Purposes as if such Person had been committed to or had been or continued to be in the Common Gaol of such Borough ; and every such Prisoner, Debtor, or other Person, shall, during his or her Confinement in such County Prison, be in all respects subject to the sole Government and Control of the Board of Superin30 tendence of such County Prison.

may present

tract.

LI. In any Case in which the Grand Jury of any such Borough as Grand Jury aforesaid, or the Council of any such Borough, when such Council of Borough shall be the Body having Jurisdiction over the Gaols of the said for Amount Borough, shall have agreed with the Grand Jury of an adjoining of such Con35 County for the Maintenance by Contract of the Prisoners committed from such Borough, it shall be lawful for the Grand Jury or Council of such Borough, whether such Contract shall be perpetual or limited to a Term of Years, to present or cause to be paid, if they shall so think fit, any Sum of Money to the Grand Jury of the County with 40 which they shall have made such Contract, to be by such last-mentioned Grand Jury, or any other Persons authorized in that Behalf, expended in or towards enlarging or repairing the Gaol or House of Correction, in which it shall have been agreed to maintain the Prisoners

Borough

may convey old Prison

to be committed from such Borough, and in or towards preparing such Gaol as a joint Prison for the Accommodation of such Prisoners.

LII. In any Case in which the Grand Jury of any such Borough as aforesaid, or the Council of such Borough, when such Council not required shall be the Body having Jurisdiction over the Gaols of the said 5 to County. Borough, shall, under the Provisions of this Act, have completed any Contract for the Erection or Adoption of a joint Prison in lieu of the previously existing Prison of such Borough, or shall, under the Provisions aforesaid, have entered into any perpetual Agreement with the Grand Jury of any adjoining County for the Maintenance 10 by Contract of the Prisoners committed from such Borough, and the Grand Jury or Council of such Borough shall not deem it advisable to sell or dispose of the old Prison of such Borough, in manner authorized by the Forty-eighth Section of the Prisons Act, it shall be lawful for such Grand Jury or Council to grant and convey to the 15 Grand Jury of the County with which they shall have made such Contract for the Erection of a joint Prison, or for the Maintenance of the Prisoners committed from that Borough, as the Case may be, all or any of the old Prisons of such Borough, and the Ground and Soil thereof, for such Estate or Interest as such Borough, or any Person or 20 Persons in trust for them, shall have therein, and that either gratuitously or upon such Terms and for such Sums of Money as to the Grand Jury or Council of such Borough shall seem fit, such Sum of Money to be either paid to the Treasurer of the Grand Jury or Council of such Borough by the Grand Jury to which such Prison shall be 25 thus conveyed, or to be allowed and credited by such last-mentioned Grand Jury in their Account with the Grand Jury or Council of such Borough for the Maintenance by Contract of the Prisoners committed or removed from such Borough, or for the Contribution by such Borough towards the Expenses of such joint Prison as aforesaid; and 30 it shall be lawful for such Grand Jury to appoint any Number of Persons, not more than Twelve nor less than Six, to be Trustees for receiving such Grant or Conveyance as aforesaid, and such old Prison (in case the Grand Jury of the County to which it shall have been so conveyed shall think fit at any Time afterwards to employ it as a 35 Gaol or to confine Prisoners therein) shall, for all Purposes relative to the Jurisdiction of Justices of the Peace, and other Persons empowered to act in the Government of the Prisons of such County, be deemed to be within such County.

Trial of Prisoners committed or removed to

LIII. All Prisoners, as well Debtors as Criminals, committed or 40 removed to, or confined in, any such joint Prison as aforesaid from the County which was Party to the Contract under which such Prison

Prison was provided, shall be dealt with and be triable and tried in joint Prison or to County the same Manner as if such Prison were the Common Gaol of the Prison under County from which any such Prisoner was committed or removed; Contract. and all Prisoners, as well Debtors as Criminals, committed or removed

5 to, or confined in, any such joint Prison as aforesaid from the Borough which was Party to the Contract under which such Prison was provided, and also all Prisoners, as well Debtors as Criminals, confined as aforesaid in the Gaol or House of Correction of any County, shall be dealt with in like Manner as if such joint Prison, or, 10 as the Case may be, such County Prison, were the Common Gaol of the Borough from which any such Prisoner was committed or removed; and every Prisoner committed or removed before Trial from any Borough to any such joint Prison, or, as the Case may be, to such County Prison, shall be triable and tried in the Manner heretofore 15 accustomed, and in the usual Place of Trial of such Borough, or other the Place in which he or she would or might have been tried if this Act had not been passed; and it shall be lawful for the Magistrates, or other proper Officers of such Borough, to direct the Removal of such Prisoner for Trial, and to do all other Acts necessary for such 20 Trial or consequent thereon: Provided nevertheless, that nothing in this Act contained shall be deemed or taken to control, or in any manner limit or interfere with any Power which is by an Act of the Session holden in the Fifth and Sixth Years of King William the Fourth, Chapter Twenty-six, or by an Act of the Session holden in 25 the Thirteenth and Fourteenth Years of Her Majesty, Chapter Eightyfive, or by any other Act now in force, vested in the Lord Lieutenant of Ireland, of altering, with the Advice of Her Majesty's Privy Council in Ireland, the Place of holding the Assizes or Sessions, or special Commission or Commissions of Oyer and Terminer, of or for 30 any County, County of a City, or County of a Town in Ireland, or to interfere with or in any manner invalidate or affect any Order in Council heretofore made for that Purpose, under the Authority of the said Acts or any of them.

Officers of

LIV. Whenever the Grand Jury of any such Borough as aforesaid, Compen35 or the Council of such Borough, shall, under the Provisions of this sation to Act, have completed any Contract for the Erection or Adoption of a Prisons bejoint Prison in lieu of the previously existing Prisons of such Borough, coming unor shall, under the Provisions aforesaid, have entered into any Agreement (whether perpetual or limited to a Term of Years) with the 40 Grand Jury of any adjoining County for the Maintenance by Contract of the Prisoners committed from such Borough, and whenever, by reason of the Removal of the Prisoners from the Borough Gaols to the joint Prison or County Gaol, pursuant to such Contract, any

Officers of any Gaol or House of Correction of such Borough shall become unnecessary and shall be discharged from their respective Offices, it shall be lawful for the Grand Jury, or, as the Case may be, the Council of such Borough, but not unless they shall think fit so to do, at each Assizes without Application to Presentment Sessions to pre- 5 sent One Moiety of such respective annual Sum as the said Grand Jury or Council shall deem fit to be paid as an Allowance or Compensation to every or any such Officer so discharged for the Cause aforesaid, during his or her Life, which respective Sums shall from Time to Time be raised, levied, and paid as other Sums raised and levied 10 under Presentments of the Grand Jury at the same Assizes: Provided always, that no such annual Allowance or Sum shall, in any Case, exceed Two Thirds of the annual Salary to which such Officer shall have been entitled at the Time of his Discharge as aforesaid: Provided further, that if any Officer for whom any such Compensation shall 15 be presented shall at any Time afterwards be nominated or appointed to any Office or Employment in or relating to any of the Gaols of the County and Borough which shall be Parties to such Agreement, or of either of them, the Salary and Emolument of which Office or Employment shall be equal to or exceed the Amount of Salary and Emolu- 20 ments of which such Officer was in receipt at the Time of his Discharge as aforesaid, then and in such Case the Compensation so hereby provided for every Person so nominated or appointed shall cease and determine from the Day of such Nomination or Appointment; and provided further, that if any such discharged Officer who 25 shall be so nominated or appointed as aforesaid shall decline or refuse to accept such Office or Employment, his or her Compensation under this Act shall cease and determine.

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