Regulates the admission of food, &c. When neces may examine prisoners. viation from the established rules, and shall give such orders in writing as he shall think fit, under the circumstances of the particular case. Prisoners who shall not receive any allowance from the County or Government, whether confined for debt, or before trial for any supposed crime or offence, shall be allowed to procure for themselves, and to receive at proper hours, any food, bedding, clothing, or other necessaries, subject to a strict examination, and under such limitations and restrictions, to be prescribed by the visiting Justices, as may be reasonable and expedient, to prevent extravagance and luxury within the walls of a prison. All articles of clothing and bedding shall be examined, in order that it may be ascertained, that such articles are not likely to communicate infection or facilitate escape. That, when necessary, a surgeon shall examine any prisoner sary, a surgeon who shall be brought into the prison, before he or she shall be passed into the proper ward, and no prisoner shall be dischar ged from prison, if laboring under any acute or dangerous distemper; nor until, in the opinion of a surgeon, such dis charge is safe, unless such prisoner shall require to be dis charged, Lodging and Every prisoner shall be provided with suitable bedding, and classification of every male prisoner with a separate bed, hammock, or cot prisoners. either in a separate cell, or in a cell with no less than tw other male prisoners; convenient places for the prisoners t wash themselves shall also be provided, with an adequate al lowance of soap, towels and combs. Abolishes garnish money. Duty of visiting Justices. No keeper or officer of prison No money under the name of garnish, shall be taken from any prisoner on his or her entrance into the prison, under an pretence whatever. The visiting Justices shall, and they are hereby require from time to time, to cause copies of so much of the rules a relate to the treatment and conduct of prisoners, to be printe in legible characters, and to be fixed up in conspicuous par of every prison, so that every prisoner may be able to ha access thereto. That no keeper or officer of any prison shall sell, or ha to sell any arti- any benefit or advantage from the sale of any article to a prisoner, nor have any interest in any contract for the supp of the prison, and the keeper of every such prison shall resi therein. cle, &c., to prisoner. Sheriff of each County to appoint a matron for jail, if required. The Sheriff of any County, on the recommendation of t visiting magistrates, shall appoint a matron for the jail of t said County, when, and as often as such a person shall be quired, whose duty it shall be constantly to superintend female prisoners; and the said Sheriff and visiting mag trates shall fix and determine the amount of salary or alle ance to be paid to such matron. The keeper shall visit every ward, and see every prisoner, Duty of keeper and inspect every cell, at least once in every twenty-four hours, of prison. and shall keep a regular journal of every occurrence of importance within the prison, which journal shall be submitted to, and inspected by the visiting magistrates, at their several visitations. The male and female prisoners shall be confined in separate apartments, so as to prevent them from seeing, conversing, or holding intercourse with each other. No prisoner shall be put in irons, except in cases of urgent and absolute necessity, and the particulars of such case, shall be forthwith entered in the keeper's journal, and notice thereof forthwith given to one of the visiting Justices; and the keeper shall not continue the use of irons on any prisoner, after such notice shall have been given, without an order, in writing, from a visiting Justice, specifying the cause thereof, which order shall be preserved by the keeper as his warrant for the same. No prisoner, confined under the sentence of any Court, or on any conviction before a Justice or Justices of the Peace, shall receive any food, clothing, or necessaries, other than the jail allowance; except under special circumstances, to be judged of by one of the visiting magistrates. Male & female prisoners to be kept separate. No prisoner to be put in irons, of urgent necessity. unless in case No prisoner to receive any jail allowance. food beyond Due provision shall be made by the visiting magistrates for Regulates the the admission, at proper times, and under proper restrictions, admission of of persons with whom prisoners committed for trial, may wish prisoners. to communicate; but no person shall be allowed to visit, or have intercourse with convicted prisoners under sentence, without the special permission of one of the visiting magistrates. The walls and ceilings of the wards, cells, rooms and pas- Prisons to be sages used by the prisoners, shall be scraped and limewashed, cleansed. at least once in the year; and the rooms and cells shall be washed and cleaned once a week at least. All prisoners shall be allowed as much air and exercise as Prisoners to be may be deemed proper for the preservation of their health; allowed air and and separate yards shall be assigned to debtors and criminals, respectively. exercise. &c. No tap shall be kept in any prison, nor shall any wine, spir- No tap to be ituous or fermented liquors be admitted for the use of any of kept in prison, the prisoners therein; unless by a written order of one of the visiting magistrates or surgeon, specifying the quantity, and for whose use. permitted in No gaming shall be permitted in any prison, and the keep- No gaming er shall seize and destroy all dice, cards, or other instruments of gaming. Upon the death of a prisoner, notice thereof shall be given by the keeper forthwith, to one of the visiting Justices, as well as to the Coroner, and to the nearest relative of the deceased, when practicable. No prisoner before trial shall be compelled to wear a prison prison. Duty of keeper on death of prisoner. Regulates prison dress. Power of keeper in certain cases. Keeper may punish offender against prison rules. dress, unless his or her clothes be deemed insufficient or improper, or necessary to be preserved for the purposes of justice; and no prisoner, who has not been convicted of felony, shall be liable to be clothed in a party-coloured dress; but if it be deemed expedient to have a prison dress for prisoners, the same shall be plain. The keeper of the prison or house of correction, shall have power to hear and determine all complaints touching the following offences: 1. Disobedience of any rules of the place. 2. Assaults by one prisoner on another, or on any officer of the establishment, where no dangerous wound or bruise is given. 3. Profane swearing or cursing. 4. Idleness, or neglect of work, or wilful mismanagement of instruments or tools. The keeper may examine any person touching such offences, and may punish all such offences, by ordering any offender into close confinement in the solitary cells, and keep such offender there until he shall have reported the same to one of the visiting magistrates; which he (the keeper,) shall be bound to do, within two hours, or as soon after as possible. The visiting magistrates may punish such offender by imPower of visi- prisonment in the solitary cells, for a term not exceeding seven ting Justices. days. The keeper shall, if required, afford assistance to any priDuty of keeper. soner desirous of presenting a petition to the Court, or other competent authority. Prisoners to attend divine worship, &c. Visiting Justi additional food. ces may order when persons bring liquor Prisoners under charge or conviction of any crime shall attend divine service on Sundays and other days, when such service is performed; unless prevented by illness, or by other reasonable cause to be allowed by the keeper, or unless their attendance shall be dispensed with by one of the visiting Justices. X. And be it enacted, That whenever it shall appear to be necessary to the said Commissioners and Visitors, on the representation of the jailer or petition of the prisoners, to make any addition to the usual allowance of food, they shall, if they shall see fit, cause such necessary addition to be supplied. XI. And be it further enacted, That if any person, in conDuty of keeper travention of the existing rules, shall carry or bring, or attempt or endeavor to carry or bring into any prison, or house of correction, any spirituous or fermented liquor, it shall be lawful for the jailer, keeper, turnkey, or any other of the assistants to the said jailer or keeper, to apprehend, or cause to be apprehended, such offender, and carry him into prison. Justice of the and determine mary way. formation that or her before a Justice of the Peace (who is hereby empowered to hear and determine such offence in a summary way); and if he shall lawfully convict such person of such offence, he shall forthwith commit such offender to the common jail of the County in which such offender shall be convicted, there to be kept in custody for any time not exceeding two months, nor less than five days, without bail or mainprize; unless such offender shall immediately pay down such sum of money, not exceeding five pounds, and not less than ten shillings, as the Justice shall impose on such offender; to be paid, one moiety to the informer, and the other moiety to the visiting Justices, in aid of the maintenance of such prison; and if Duty of Justice any Justice shall receive information upon oath, that any spi- on receiving inrituous or fermented liquor is unlawfully kept or disposed of spirituous liin any prison, he may enter and search, or issue his warrant quors, &c. are to enter and search for such liquor; and in case it shall be kept in prison. found, it shall be lawful for the person so finding, to seize the same, and cause it to be disposed of as the Justice shall direct; and if any jailer or keeper of any prison, shall sell, use, lend Fine on jailer or give away, or knowingly permit or suffer to be sold, used, selling liquor lent or given away in such prison, or brought into the same, to prisoners. any spirituous or fermented liquor, in contravention of the existing rules of such prison, he shall, for every such offence, forfeit and pay the sum of five pounds; such penalty to be recovered in a summary way, before any one Justice of the Peace, upon the oath of one or more credible witness or witnesses; and if the said jailer or keeper shall not immediately pay down the said penalty, he shall be dismissed from his office and be rendered incapable of holding the said office again; and in the event of a second conviction of any jailer or keeper, of such offence, he shall forfeit and pay the sum of ten pounds, and shall be dismissed from his said office, and be rendered incapable of holding the same again; and if he shall not immediately pay down the said fine, the said Justice is hereby authorized and empowered to issue his warrant against him, and to cause him to be imprisoned in the common jail of the County, for a period not exceeding two months; the said fine or fines, if recovered from any jailer or keeper as aforesaid, to be applied, one moiety to the informer; and the other moiety to be paid into the treasury, for the use of Her Majesty's Government. Visiting Justi ces may procure any clergyman XII. And be it further enacted, That the visiting Justices of any jail or prison shall have power and they are hereby empowered to procure the services of any clergyman professing to perform dithe faith of any prisoner or prisoners, imprisoned from time vine service in to time, for felony or misdemeanors, or suspicion of felony or prison, &c. misdemeanor, for the performance of divine service, at such time or times, as the said Justices may fix or agree upon; and they are hereby empowered to order the attendance of such Expired. prisoner or prisoners during such period of divine service; and should the said prisoner or prisoners refuse or neglect to obey the order of the said Justices in this behalf, or behave improperly or irreverently during divine service, the said visiting Justices are hereby empowered to cause such prisoner or prisoners to be placed in solitary confinement, for a period not exceeding five days. CAP. XIII. An Act relating to the duties of the harbor master of the port of Charlottetown, and for the better regulation of the public wharfs therein. Chancellor, with advice of Master of the Rolls, to direct forms and proceedings, &c. Number and CAP. XIV. An Act for the improvement of the practice of the Court of WHEREAS the practice of the Court of Chancery is it many respects dilatory and expensive, and ill adapted to the state of the Island, and requires extensive alterations and amendments: Be it therefore enacted, by the Lieutenant Governor, Council and Assembly, That the Chancellor, by and with the advice and consent of the Master of the Rolls, shall have full power and authority, from time to time, to direct and declare the forms and proceedings to be observed in all matters of which the Court now has, or hereafter may have cognizance and jurisdiction; such forms and proceedings not being inconsistent with the Laws of Great Britain and this Island, and the practice of Her Majesty's High Court of Chancery in England. II. And be it enacted, That there shall be three terms of names of terms the said Court in each year; that is to say, Hilary term, to in Chancery, &c commence on the first Tuesday in February, and to end on the Saturday then next ensuing; Trinity term, to commence on the last Tuesday in May, and to end on the Saturday then next ensuing; and Michaelmas term, to commence on the third Tuesday in November, and to end on the Saturday then next ensuing; and that causes and other matters to be heard in the said Court, may be brought to hearing, and heard and determined in vacation, as well as in term time, under such regulations, as may be established in that behalf by the rules and orders of the said Court. Causes, &c. may be heard in va cation. Queen's County III. And be it enacted, That the common jail of the Coun jail to be prison ty of Queen's, shall be the prison of the said Court: provided always, that in case it shall be expedient, and the ends of jus of Court of Chancery. |