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4 G. 4. c. 64. been rescued, or against any other Person or Persons concerned therein or aiding, abetting, or assisting the same, a Certificate given by the Clerk of the Crown, the Clerk of the Peace, or the Clerk of any other Court in which such Offender shall have been convicted, shall, together with due Proof of the Identity of the Person, be 5 sufficient Evidence to the Court and Jury of the Nature and Fact of the Conviction, and of the Species and Period of Confinement to which such Prisoner was sentenced.
c. 56. s. 22.
XXXIV. If any Person shall carry, or bring, or attempt, or introducing endeavour by throwing over the Walls, or in any other Means, to 10 prohibited Articles into introduce into any Prison to which this Act shall extend any Letters, Tobacco, or any other Article not allowed by the Rules of such Prison, it shall be lawful for any Person to apprehend such Offender, 2 & 3 Vict. and to carry him or her before a Justice of the Peace, who is hereby empowered to hear and determine such Offence in a summary Way, 15 and if he shall lawfully convict such Person of such Offence he shall forthwith direct such Offender to be imprisoned, with or without Hard Labour, for any Time not exceeding One Calendar Month, unless such Offender shall immediately pay down such Sum of Money not exceeding Five Pounds nor less than Forty Shillings, as such 20 Justice shall impose, and such Fine shall be paid to the Board of Superintendence, towards the Expense of the Maintenance of such
ment of 201. by Grand Juries to
tor General on making his Report
XXXV. So much of the Fifty-sixth Section of the Prisons Act as relates to the Payment of the Sum of Twenty Pounds a Year by a 25 Collector of Excise to any Inspector General of Prisons upon or in each Inspec- respect of his making his Report as therein mentioned, or as relates to the Presentment of any such Sum by any Grand Jury for the Repayment of the same, is hereby repealed, and such Payments and Presentments shall cease from and after the making of such Reports for the 30 Year One thousand eight hundred and Fifty-six by the said Inspector General, and it shall be lawful for the Commissioners for the Time being of Her Majesty's Treasury to order that Compensation shall be made to the said Inspectors General for the Loss of such Payments; and such Compensation shall from Time to Time be paid out of any 35 Monies appropriated or which may be appropriated by Parliament for the Purpose in such Manner as the said Commissioners in their Discretion shall think fit to direct: Provided always, that the said Inspectors General shall continue to make such Reports to the Secretaries of the Grand Juries and to the Chief Secretary as they 40 are required to make by the Fifty-fifth and Fifty-sixth Sections of the Prisons Act.
tenant to di
12 & 13 Vict. c. 19.
XXXVI. And whereas by an Act of the Tenth and Eleventh Years Powers of of Her Majesty, Chapter Forty-five, and by another Act of the Twelfth Lord Lieuand Thirteenth Years of Her Majesty, Chapter Nineteen, Provision rect Removal is made for the Removal in certain Cases of Prisoners from one Place of Prisoners 5 of Confinement to another, and by the same Acts and by another Act 10 & 11 Vict. of the Fourteenth and Fifteenth Years of Her Majesty, Chapter c. 45. Eighty-five, Provision is made for defraying the Expenses of such Removal, and also of the Removal and Conveyance of Prisoners upon ordinary and other Occasions: And whereas it is expedient to extend 10 the Power of the Lord Lieutenant in respect of the Removal of Prisoners and to alter the Mode in which the aforesaid Expenses are at present vouched and paid: Be it enacted, That it shall be lawful for the Lord Lieutenant of Ireland as and when and as often from Time to Time as he shall think it proper or expedient so to do, by 15 Order in Writing signed by the Chief or Under Secretary for Ireland
for the Time being, to direct that any Person being imprisoned in any Prison, Gaol, Bridewell, or other Place of Confinement in Ireland under or by virtue of any Process, Civil or Criminal, or under or by 5 & 6 W. 4. virtue of any Order or Writ of any Court of Justice in Ireland, shall c. 38. s. 11.
20 and may be removed from such Prison, Gaol, Bridewell, or other
Place of Confinement, to such other Prison, Gaol, Bridewell, or Place of Confinement as to such Lord Lieutenant shall seem fit and proper for and during such Time as to him shall appear expedient, and every such Person when so removed shall be, and shall to all Intents and 25 Purposes be deemed to be, in the proper legal Custody for and during
the Time of such Removal, and for and during such Time as he or she shall be in the Place to which he or she shall be so removed, in like Manner to all Intents and Purposes as if such Person had been continued in his or her original Place of Confinement and had not 30 been by any such Order removed from the same; and no Right, Duty, Authority, Liability, Jurisdiction, Franchise, Power, Privilege, or Function of any Person whatsoever, which if such Removal had not taken place would have existed or could or might have been used or exercised, shall be in any Degree affected, altered, diminished, or pre35 judiced by or in consequence of any such Removal: Provided always, that in Case any such Prisoner shall be removed under the Provisions of this Act from any County into any other County the Expenses of the Support and Maintenance of such Prisoners respectively in any Place to which they shall be so removed shall be paid and provided 40 for by the County from which they shall respectively have been so removed, in like Manner as the same ought to have been paid or provided for before such Removal; and the Expenses of any such Removal under this Act, and of any Removal of Prisoners under the said recited Acts of the Tenth and Eleventh and Twelfth and Thir45 teenth Years of Her Majesty, and of any further Removal of
Prisoners to their original Place of Custody, shall be charged and chargeable on the County from which they shall have been in the first instance so removed; and the said Act of the Fourteenth and Fifteenth Years of Her present Majesty shall extend to and include such Expenses, and in every Case where any such Expenses as aforesaid or 5 paid by Sub- any such Expenses as are mentioned in the Fourth Section of the said Insepetors
Expenses shall not be
last-mentioned Act shall have been incurred by any Gaoler, Bridewell
Counties and Boroughs may agree for a joint Prison.
XXXVII. It shall be lawful for the Grand Jury of any Borough 25 which shall be a County of a City or a County of a Town, or the Council of any such Borough where such Council shall have Jurisdiction over the Prisons of such Borough, and whether or not the said Grand Jury or Council may have agreed with the Grand Jury of any County for the Maintenance by Contract of the Prisoners of such 30 Borough, to contract and agrec, in manner and subject to the Provisions herein-after contained, with the Grand Jury of any County immediately adjoining such Borough, for the Payment of any Sum or Sums of Money by either or both of the Parties to any such Agreement towards altering, enlarging, building, rebuilding, repairing, or 35 improving any Prison situated or to be situated within such County or Borough, to be thenceforth used as the joint Common Gaol for such County and Borough, and either in addition to or in substitution for the existing Prisons of such County or Borough, or either of them, and towards the Expense and Maintenance, Clothing, safe Custody, 40 and Punishment of the Persons committed thereunto, including their Committal and Conveyance to and from Prison, and all other Expenses of the said Prison, and to and in such joint Prison when the same shall be certified as is hereafter directed may be removed, committed, and
imprisoned all Criminals, Debtors, and other Persons who might theretofore have been lawfully committed to or imprisoned in the Common Gaol, House of Correction, or other Prison of the County or of the Borough which shall be a Party to any such Agreement.
XXXVIII. All Monies to be paid under any Agreement authorized Presentby this Act for building, rebuilding, repairing, or enlarging any such be made for joint Prison as aforesaid shall be presented and raised in the same jointPrisons. Manner and subject to the same Conditions as Monies to be presented and raised by the Grand Jury of any County, and by the Grand Jury 10 or Council of any such Borough as aforesaid, for building, rebuilding,
or enlarging any Gaol, Bridewell, House of Correction, or other Prison under their Management respectively; and all Monies to be paid towards the current annual Expenses of such joint Prison, and towards defraying all other Expenses incurred by the contracting Parties, or 15 either of them, in carrying such Agreement into effect, shall be presented and raised in the same Manner in all respects and subject to the same Conditions as Money to be presented and raised by the Grand Jury of any such County, or by the Grand Jury or the Council of any such Borough as aforesaid respectively, for defraying the 20 ordinary current Expenditure of the several Gaols.
XXXIX. It shall be lawful for the Grand Jury of any such County Committees and for the Grand Jury or Council of any such Borough at any Assizes, may be ap pointed to or in the Case of the Council of any such Borough at a Special Meet- make Aring to be convened for that Purpose, to take into Consideration the rangements for joint 25 Expediency of making any such Agreement as aforesaid, and in case Prison. such Grand Juries, or such other Grand Jury and Council, as the Case may be, shall resolve that it is expedient that such Agreement should be made, then for each such Grand Jury or Council to appoint not less than Three and not more than Five of the Members of such 30 Grand Jury or Council, as the Case may be, to be a Committee on Behalf of such Grand Jury or Council to negotiate and make such Agreement as aforesaid, and from Time to Time at the same or any subsequent Assizes, or in Case of the Council at any subsequent Special Meeting to be convened for the Purpose, to fill up any Vacancy 35 in the said Committee caused by Death, Resignation, or otherwise.
XL. Each Committee so appointed shall be deemed to represent The Comrespectively the Grand Jury or Council by which it shall have been mittees appointed shall appointed, and the Committees so appointed shall form One joint form a joint Committee, and shall draw up an Agreement distinctly setting forth Committee, 40 the Terms and Conditions upon which the said Grand Juries or Grand draw up Jury and Council shall make any such Agreement as aforesaid; which Agreement. Agreement when subscribed by a Majority of the Members of each
Committee, severally representing the Grand Jury or Council by which it shall have been appointed, and approved and confirmed as hereinafter directed, shall be binding on the said Grand Juries, or the said Grand Jury and Council, and on all other Persons, to all Intents and Purposes.
XLI. Every such Agreement shall specify the Place where such Agreement Prison is or is to be situated, and the County and Borough for which shall specify. it is proposed to be built or used (the Area and Proportion of the same being set forth in so far as the same may be known), and such Agreement shall further specify the Number of Prisoners for which 10 it is proposed that Accommodation should be provided, and such Agreement shall further specify the Proportion in which the Expenses of purchasing any Site, and of building, finishing, and fitting up such Prison, or, as the Case may be, of enlarging and improving such Prison, shall be borne by each of the contracting Parties; and also 15 the Proportion in which the Expenses of rebuilding or repairing such Prison in the event of any sudden Accident happening thereunto, shall be contributed by each of the contracting Parties; and also whether such Prison is to be used in place of or in addition to any and which of the existing Prisons of the said County or Borough; 20 and also the Mode in which it is proposed to constitute the Board of Superintendence of such Prison, and the Amount of the Salaries proposed to be paid annually to the Officers of such Prison, and the Proportion in which the same Salaries and such Expenses as may be incurred in respect of the ordinary Repairs of such Prison, the Govern- 25 ment and Discipline of such Prison, the Maintenance, Management, and Custody of Prisoners, and all other current and ordinary Expenses of the said Prison, shall be apportioned on each of the contracting Parties, and such Proportion may be either a fixed Share determined beforehand of the ordinary annual Expenses of the said Prison, or 30 be made to depend upon, vary with, and be ascertained and calculated by the Number of Prisoners who shall be confined in the said joint Prison from the said County and Borough respectively, and the Period of Time for which each such Prisoner shall be so confined, such Calculations to be made at such Intervals and according to such Scale 35 as in the said Agreement shall be mentioned, and to be either at a fixed Rate by the Day, Week, or Month for the Cost of each such Prisoner, or at the actual average daily, weekly, or monthly Cost of each such Prisoner, according to the whole Number of Prisoners for the Time being confined in such Prison, and such Agreement shall 40 also specify the Period of Time, not being less than Three Years, for which the First Agreement for such Proportion of such current and ordinary Expenses (whether the same shall be at a fixed or variable Proportion) shall endure : Provided always, that at the Expiration of