Prisoners to be removed to that the said gaols, by any breach made in the same, from the attempts of prisoners to escape, or other casualties, shall be rendered unsafe for the custody of prisoners, between the holding of the general quarter sessions, it shall be lawful for one justice to order the damages occasioned thereby to be immedi ately so far repaired as may be necessary for the safe custody of such prisoners; and such justice shall report the same to the next general quarter sessions, which is to crder the payment of such money as shall have been expended in such reparation. S. 7. Whenever the justices in sessions shall deem it necessary, that the felons, debtors and other prisoners, shall be removed, Lonses of cor- either for repairing their old gaol,or using the materials thereof rection during in building a new gaol, on giving notice to the sheriff, the ze pairs of geols. said sheriff may remove such prisoners to the house of correction, or such other places of confinement as the justices with the consent of the sheriff shall approve of, and confine them there during the time such new gaol shall be building, or old gaol repairing or enlarging; and when such gaol shall be made fit for the reception of such prisoners, then the said sheriff may re move thither all such prisoners then in his custody; and the expence of such removal, and safe custody, shall be paid by such county, s. 6. Felons and debtors to be kept separate. Spirituous li ⚫d to be used. II. Regulations for establishing a proper police within gaols. By 22 & 23 Car. 2. c. 20, It shall not be lawful for any sheriff or gaoler to ledge prisoners for debt and felons together in one room, but they shall be kept apart; upon pain that they that shall offend against this act, shall forfeit their office, and treble damages to the party grieved. s. 13. By 24 Geo.2.c.40. No licence shall be granted for the retailing quors prohibit- of spirituous liquors within any gaol,prison, or house of correction; and if any gaoler shall sell, use, lend or give away, or knowingly suffer any spirituous liquors to be sold, &c.in any such prisons, or houses of correction, or brought into the same; except such spi rituous liquors as shall be given by the direction of a physician,surgeon, or apothecary, and to be applied in pursuance of such prescrip. tion from the shop of some apothecary; every such gaoler shall forfeit 100%. one moiety to his majesty, and the other moiety with costs to such person as will sue in any court of record at Westminster; and if such gaoler or officer being convicted, again offend and be a second time convicted,such second offence shall be a forfeiture of his office. s. 13. And it shall be lawful for any justice of peace upon information upon oath, that any such spirituous liquors are kept and disposed of in any such prison or house of correction, to enter and search, or to authorize any constable or peace officer by warrant to enter and search such prison, and in case any spirituous liquors be found therein (except such as are to be used medicinally) it shall be lawful for such constable to seize and cause the same to be staved and destroyed. s. 14. And no person shall carry or bring, or attempt to bring any distilled spirituous liquors (except in the way of medicine) into any prison, and if any person offend therein, the gaoler or his servants may apprehend such person and carry him before a justice, and if by the oath of one witness or otherwise, the justice convict such person, he shall commit him to prison, or to the house of correction, for not exceeding three months, unless he immediately pay such sum not exceeding 201. and not less than 107. as the justice shall impose; to be paid one moiety to the informer, and the other moiety to the use of the poor of such prison, s. 15. And every gaoler shall procure a copy of the three preceding clauses, to be printed or written, and hung up in one of the most public places of his prison, and renew the same from time to time, so that it may always be kept legible, on pain of forfeit ing 40s. to be levied by warrant of any justice on conviction in a summary way, by the oath of one witness; and any justice may enter into any prison within his jurisdiction, and demand a sight of such copy so hung up, and if not forthwith shewn him fair and legible, he may immediately convict such gaoler; one moiety of the penalty to be paid to the informer, and the other moiety (or the whole if there be no informer), to the poor of such gaol. s. 16. to be licensed to sell ale, wine, or other liquors. As preventing gaolers from selling liquors, or deriving any Gaolers not profit from the sale of liquors, may prevent drunkenness, riots, and other disorders in gaols; and it may be proper to give authority to the justices in sessions, to allow salaries to gaolers in lieu of the profits derived from the sale of liquors ;' IT IS ENACTED by 24 Geo. 3. sess. 2. c. 54, that the justices at the general quarter sessions, or at any special adjournment thereof held for such express purpose, may appoint such salaries or allowances, to such gaolers and their assistants, in the several gaols within their jurisdictions, and vary the same as to them shall seem meet; and order the same to be paid out of the county rate, by a certificate, signed by the chairman of such sessions. $.20. But no chairman shall sign such certificate unless such salaries shall have been settled at some general quarter sessions, or adjournment thereof, and notice shall have been given fourteen days at least before such general quarter sessions, or adjourn ment, by two advertisements inserted in some newspaper, printed and circulated in the county, of an intended application for granting such salaries, which advertisement shall be signed by the clerk of the peace or his deputy, s. 21. Gaol fees to be regulated, and rules established. And no gaoler, or person employed by such gaoler, shall suffer tipiing or gaming in such prison, or sell, or permit to be sold, or be capable of being licensed to sell, any wine, beer, ale, or other liquors; or have any heneficial interest or concern whatsoever, in the sale of any liquors of any kind, or in any tap-house, tap-room, or tap, under the penalty of 107. for every offence, to be recovered by distress and sale of the offender's goods, by warrant under the hands and seals of two jus tices (which such justices are to grant), upon the confession of the party, or upon the information of any witness upon oath; and the said penalty, after charges of recovering shall be deducted, shall be paid, one moiety to the informer, and the other to the use of the prisoners confined within such gaol; and in case sufficient distress cannot be found, then such justices may commit such offenders to the house of correction, for not exceeding three months, unless such penalty and charges be sooner paid. s. 22. And the conviction may be drawn up in the following form, §. 23. County, Be it remembered, that on the day of year of the reign of his majesty A B is convicted before two of his majesty's justices of the peace for the said county, or riding, division, city, town, liberty, or precinct [as the case shall be], by virtue of an act of parliament, made in the 24th year of the reign of his majesty king GEORGE III. intituled, “An act to explain and amend an act, made in the 11th and 12th years of the reign of king William the Third, intituled, An act to enable justices of peace to build and repair gaols in their respective counties; and for other purposes therein mentioned," for that he the said A B, the day of at did [here specify the offence, and the time and place, when and where the same was com, mitted] on Given under our hands and scals, the day and year aforesaid. By 32 Geo. 2. c. 21, The lord chief justice of the King's Bench, and of the Common Pleas, and the lord chief baron of the Exchequer, or any two of them, with the mayor and twa aldermen, or with three aldermen of London without the mayor, for the prisons within the said city; and the said lord chief justices, and lord chief baron, or any two of them, with three justices of peace of the counties of Middlesex and Surrey respectively, for the prisons in the said counties respectively, are to meet and settle a table of fees to be taken by any gaoler in London, or in Middlesex and Surrey, and vary the same from time to time as they see occasion. And elsewhere the justices of peace are at any general or quarter session, to settle table of the fees to be taken by any gaoler within their respec. tive jurisdictions, and to alter the same from time to time as there shall be occasion; the tables of such fees within London, Middlesex and Surrey, to be signed by the lords chief justices, and lord chief baron, or two of them, and the mayor and two aldermen of London, or by three aldermen without the mayor, and by three justices of the peace of the counties of Middlesex and Surrey respectively and the tables of such fees elsewhere shall be signed by three or more justices at any general or quarter session, and shall afterwards be confirmed, or moderated, within England by the justices of assize; and if within Wales, or the county palatine of Chester, by the justices of great sessions at the next assizes, or great sessions, after the making or altering the same; and the same shall be afterwards sigued by the judges of assize, or justices of the county or divi sion. s. 5. And rules for the better government of prisons and prisoners therein, shall be made by the courts in Westminster-hall, for the prisons belonging to such courts; and by the lords chief justices, and lord chief baron, or two of them, with the mayor and two aldermen of London, or three or more aldermen without the mayor, for the prisons within the said city; and by the lords chief justices, and lord chief barou, or two of them, with three justices or more for the prisons within the counties of Middlesex and Surrey; and elsewhere by three or more justices for prisons within their respective counties at some general or quarter sessions; and the same shall afterwards be reviewed, and may be altered if necessary, by the judges of assize, or justices of great sessions, at the next assizes or great sessions after the making or altering such rules. And such rules may at all times hereafter be altered by the respective courts, and persons authorised by this act to make, review or alter the same, and after every making or altering, all such rules so altered shall be signed by the judges, and respective persons so authorised *. 3. 6. And duplicates of every such table of fees, and of all rules for regulating any prison belonging to the courts in Westminster-hall, shall be inrolled in such court; and for any other prison shall be transmitted to the respective clerks of the peace, to be by him entered on the rolls of the sessions without fee: and he shall cause another copy to be hung up in the court where every assize, great sessions, or quarter sessions, shall be It has been determined that justices in sessions have no authority under this clause, to fix the bailiff's fees for arrest, as their superintending authority is confined to the expences of persons after they are arrested, and not to the arrest itself, neither will the court allow in costs more than the usual fee, viz. one guinea, though more was in fact paid, in compliance with a table of fees settled by the justices at their quarter sessions, and acted upou in practice for many years. Buldero and others v. Mosse and others, M. 30 Geo. 3. 3 Term Rep. 417. held, there to be inspected as occasion shall require; and shall cause another copy to be transmitted to every gaoler within his jurisdiction, who shall forthwith, after the receipt thereof, cause the same to be hung up in some public room or place, and in a conspicuous manner, in his prison; and it shall be incum. bent on such gaoler, to take care that the same be kept up there, so as the prisoners may have free resort thereto, at seasonable times in the day time, without paying any thing for the same. 3. 6. And the several courts in Westminster-hall shall appoint some day in every Michaelmas term, to inquire whether such table of fees, and rules are hung up and duly observed; and shall cause eight days notice to be given to the prisoners of the time for such inquiry, and inform themselves of, and redress whatever they find neglected. s. 7. And the judges of assize, gaol delivery, and great sessions shall at the assizes and sessions, make like inquiry, and expressly give in charge to every grand jury sworn before them respectively, to make inquiries concerning the same. $. 8. And no keeper of any prison, or other person thereunto belonging, shall take directly or indirectly of any prisoner for debt, damages, costs, or contempt, any greater fees for his commitment, chamber-rent, or discharge, than shall be allowed in the table of fees inrolled and registered as aforesaid; and every sheriff and other officer who shall offend against this act, shall, for every such offence (above the penalties he shall be liable to by the laws now in force), forfeit to the party aggrieved 50%. to be recovered, with treble costs, by action of debt. s. 12. And as a considerable part of the emolument of a gaoler, or keeper of the gaol, has usually arisen from fees paid to him by debtors and others confined therein; and from incidental charges on the county rates, on the dismission of prisoners, and on the removal of transports; and by reason of neglect in regulating the said fees as directed by the act 32 Geo. 2. c. 28, they are be. come oppressive to poor prisoners, and such charges on the county rate are liable to frequent abuse: It is therefore further enacted, by 31 Geo. 3. c. 46, that the justices at their general or quarter sessions, or at some special adjournment thereof, shall within twelve months after the passing of this act, regulate and settle a table of fees and rates to be taken by gaolers; and the said justices so asssembled may from time to time, alter, ary, or totally disallow of all, or any such charges and fees, and shall order a copy thereof so regulated to be hung up in the court of assize and quarter sessions, and another copy thereof to be sent to the gaoler, who shall cause the same to be hung up in some conspicuous place within the gaols; and all orders and directions contained in the said act |