Appointment to any Canonry Residentiary in such Church, to the Intent and Purpose that such Spiritual Person may be appointed, elected, or otherwise admitted to the Deanery of the same Church, nor the Appointment of any Spiritual Person already holding a Canonry, Prebend, or Dignity in such Cathedral Church to any Canonry Residentiary therein, to the same Intent and Purpose, nor during the Vacancy of any Canonry Residentiary in any Cathedral Church, which, notwithstanding the Restrictions aforesaid, may, according to the Provisions of the said secondly-recited Act or of this Act, be filled up, shall prevent the Appointment or Collation of any Spiritual Person to any Canonry, Prebend, or Dignity in the same Church to the Intent and Purpose that such Spiritual Person may be appointed to such Canonry Residentiary, but that every Spiritual Person who by virtue of this Provision shall be admitted to any Canonry, Prebend, or Dignity, or to any Canonry Residentiary, to either of the Intents and Purposes aforesaid, shall hold and enjoy the same respectively, with all the Rights, Privileges, and Emoluments to the same respectively belonging or appertaining, subject nevertheless to such Measures and Regulations as may hereafter be enacted respecting the same: Provided always, that if after the Appointment or Collation to any Canonry, Prebend, or Dignity, or the Appointment to any Canonry Residentiary, in any Cathedral Church, by virtue of this Provision, of any Spiritual Person, to the Intent and Purpose of his being appointed, elected, or otherwise admitted to the Deanery thereof, or to a vacant Canonry Residentiary therein, any other than such Spiritual Person shall be appointed, elected, or otherwise admitted to such Deanery or last-mentioned Canonry Residentiary, as the Case may be, the Canonry, Prebend, or Dignity, or the Canonry Residentiary, to which such Spiritual Person shall have been ap pointed or collated, shall be and be held to be ipso facto vacant, and the Appointment, Collation, Election, or other Admission thereto absolutely void and of no Effect. CA P. LVI. An Act for the better ordering of Prisons. [17th August 1839.] WHEREAS the Laws now in force for regulating Gaols and Extending the Powers of 4 G. 4. c. 64. Houses of Correction in England and Wales, and for the 'Classification, Government, and Instruction of the Prisoners con'fined therein, require to be amended:' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That so much of an Act passed in the Fourth Year of the Reign of King George the Fourth, intituled An Act for consolidating and and 5 G.4.c.85. amending the Laws relating to the building, repairing, and regu to all Gagls, lating of certain Guols and Houses of Correction in England and except as to Wales, and of an Act passed in the Fifth Year of the same King, Classification intituled An Act for amending an Act of the last Session of Par- of Prisoners, liament relating to the building, repairing, and enlarging of certain 5&6W. 4. c.38. Gaols and Houses of Correction, and for procuring Information as and 6 & 7 W. 4. to the State of all other Gaols and Houses of Correction, in England c. 105. and this subject to and Act. Justices, &c. authorized to make Rules for Classification and Separation of Prisoners. Secretary of State to certify the Fitness of them. Prisoners may be separately confined. Separate Confinement not to be deemed solitary Confinement. Regulations respecting separate Confinement. and Wales, as does not relate to the Classification of Prisoners of each Sex into distinct Classes, shall, subject to an Act made in the Sixth Year of the Reign of His late Majesty, intituled An Act for effecting greater Uniformity of Practice in the Government of the several Prisons in England and Wales, and for appointing Inspectors of Prisons in Great Britain, and to an Act made in the Seventh Year of the Reign of His late Majesty, intituled An Act for the better Administration of Justice in certain Boroughs, and subject to this Act, extend to every Gaol, House of Correction, Bridewell, and Penitentiary in England and Wales now or hereafter to be provided, and not exclusively used for the Confinement of Debtors, except the Queen's Bench and Fleet Prisons, and the General Penitentiary at Millbank. II. And be it enacted, That so much of the said Act of the Fourth Year of King George the Fourth as provides that no Classification of Prisoners shall be made inconsistent with or contrary to the Classification directed by that Act is hereby repealed, and that the Persons authorized by Law to make Rules and Regulations, to be submitted to One of Her Majesty's Principal Secretaries of State, for the Government of any Prison in England or Wales, shall be empowered, if they shall think fit, to make Rules for a different Classification of Prisoners of each Sex in such Prison, or for the individual Separation of all or any of the Prisoners confined therein, with due Regard to their proper Supervision, Religious and Moral Instruction, and Employment, and from Time to Time to alter or add to such Rules; and the Secretary of State, if he shall think that the Rules so made and submitted to him for a different Classification of Prisoners of each Sex, or for the individual Separation of Prisoners, are fit to be enforced in that Prison, shall subscribe a Certificate or Declaration that they are proper to be enforced, and the Rules so made and certified, but not until they shall have been so certified, shall be enforced; and if the Gaol or House of Correction for which they shall be made was before the passing of this Act within any Provision of either of the first Two recited Acts, shall be taken to supersede the Rules and Provisions enacted in the first Two recited Acts, or either of them, for the Classification of Prisoners of each Sex confined therein. III. And be it enacted, That, in order to prevent the Contamination arising from the Association of Prisoners in any Prison in which Rules for the individual Separation of Prisoners shall be in force, any Prisoner may be separately confined during the Whole or any Part of the Period of his or her Imprisonment, under the Restrictions herein-after provided. IV. And be it declared and enacted, That separate Confinement under the Provisions of this Act shall not be deemed solitary Confinement within the Meaning of any Act forbidding the Continuance of solitary Confinement for more than a limited Time: Provided always, that no Cell shall be used for the separate Confinement of any Prisoner which is not of such a Size, and lighted, warmed, ventilated, and fitted up in such Manner, as may be required by a due Regard to Health, and furnished with the Means of enabling the Prisoner to communicate at any Time with an Officer of the Prison; and that no Cell shall be used for such separate separate Confinement until its Fitness in these several Particulars shall have been certified by One of the Inspectors of Prisons to One of Her Majesty's Principal Secretaries of State; and that every Prisoner so separately confined shall have the Means of taking Air and Exercise at such Times as shall be deemed necessary by the Surgeon, and shall be furnished with the Means of Moral and Religious Instruction, and with suitable Books, to be chosen as herein-after provided, and also with Labour or Employment, unless it shall be deemed advisable by the Secretary of State to make and certify a Regulation for withholding, for a Period or Periods not exceeding One Calendar Month at any one Time, such Labour or Employment: Provided also, that if it shall any Time be made to appear to the Secretary of State that the Conditions upon which such Rules for the separate Confinement of Prisoners were allowed have not been fulfilled, or that upon further Inquiry it shall appear that the Provisions required are insufficient, it shall be lawful for the Secretary of State to annul the Rules so made and allowed as aforesaid, and thenceforward the Rules so annulled shall cease to be of force in that Prison, and thereafter it shall not be lawful to continue any Prisoner in separate Confinement in that Prison until new Provisions shall have been made and allowed as aforesaid for the separate Confinement of Prisoners therein : Provided also, that in case the Prison shall be inadequate for the individual Separation of all the Prisoners who may be confined therein at one Time, the Rules of the Prison shall specify the Class or Description of Prisoners who shall be confined in the separate Cells, having regard either to the Nature of the Crime with which the Prisoner may be charged or of which he or she may have been convicted, or to the Sex or Age of the Prisoner, or to the Term of Imprisonment, or to such other Circumstances as the Persons authorized to make such Rules shall think fit, and as the Secretary of State shall approve. V. And be it enacted, That the Prisoners of each Sex in every Different Gaol, House of Correction, Bridewell, and Penitentiary in Eng- Classes of land and Wales, which before the passing of this Act was not within Prisoners. the Provisions of the said Act of the Fourth Year of the Reign of King George the Fourth, as amended by the said Act of the Fifth Year of the same Reign, and in which a more minute Classification or individual Separation shall not be in force, shall be at least divided into the following Classes; (that is to say,) First-Debtors, in those Prisons in which Debtors may be Second-Prisoners committed for Trial: Third-Prisoners convicted, and sentenced to hard Labour: Fifth-Prisoners not included in the foregoing Classes: And that in every Prison in England and Wales separate Rules and Regulations shall be made for every Class of Prisoners in that Prison. VI. And be it enacted, That the following Rules shall be observed General Rules in every Prison in England and Wales, in addition to and in amend- to be observed ment of the other Rules and Regulations which shall be in force in in Prisons. such Prison: First-No Keeper nor Officer of a Prison, nor any Person in Trust for or employed by him, shall let or have any Benefit or Advantage from the Loan or letting of any Article or any Dealing whatsoever to or with any Prisoner: Second-In every Prison in which the Keeper shall not visit every Ward, and see every Prisoner, and inspect every Cell, Once at least in every Twenty-four Hours, the Keeper shall state the Cause of Omission in his Journal: Third-The Wards, Cells, and Yards allotted to Female Prisoners shall be locked by Keys in the Custody of the Matron, and secured by Locks different from those securing the Wards, Cells, and Yards allotted to Male Prisoners: Fourth-No Prisoner shall be employed as Turnkey, Assistant Turnkey, Wardsman, Yardsman, Överseer, Monitor, or Schoolmaster, or in the Discipline of the Prison, or in the Service of any Officer thereof, or in the Service or Instruction of any other Prisoner; but this Rule shall not be taken to prevent the Employment of any Debtor in that Part of the Prison in which he or she may be lawfully confined in any Manner in which he or she shall be willing to be employed, and which is consistent with his or her safe Custody : Fifth-Every Order of the Surgeon for the Admission of Spirituous Liquors or Tobacco into the Prison shall be in Writing, and shall be entered by him in his Journal; and no Tobacco in any Shape shall be admitted for the Use of any Prisoner, except in such Quantities, in such Manner, and at such Times as shall be ordered by the Surgeon; and the Surgeon shall enter in the English Language Day by Day, in a Journal which shall be kept in the Prison, an Account of the State of every sick Prisoner, the Name of his or her Disease, and a Description of the Medicines and Diet and any other Treatment which he may order for such Prisoner: Sixth-No Prisoner shall be kept in Irons for more than Twenty-four Hours without an Order in Writing from a Visiting Justice, or Visitor where there are no Visiting Justices, specifying the Cause thereof, and the Time during which the Prisoner is to be kept in Irons, which Order shall be preserved by the Keeper as his Warrant: Seventh-No Money, Food, Perquisite, or Gratuity of any Kind, under the Name of Garnish, or under any Name or Pretence whatever, shall be taken or received from any Prisoner on his or her Entrance into the Prison, or from any Person on his or her Account, or at any other Time, but the Keeper of every Prison, or such other Person as shall be directed by the Rules of the Prison, shall take Charge of the Monies and Effects of every Prisoner, for safe Custody only, and for the Purpose of being restored to such Prisoner, or to some Person on his or her Behalf, under such Regulations as may be made for that Purpose: Eighth-No Books or printed Papers shall be admitted into any Prison but those which shall be chosen by the Chaplain for the Use of Prisoners belonging to the Established Church, and by the Visiting Justices for the Use of the other Prisoners; and the Keeper shall keep a Catalogue of of all Books and printed Papers allowed to be admitted into VII. And be it enacted, That it shall be lawful for the Keeper of Deputy Keepers every Prison, with the Approval of the Visiting Justices, to appoint may be apan Officer of the Prison to act as Deputy Keeper whenever the pointed. Keeper shall be necessarily absent from the Prison; and during such necessary Absence of the Keeper the Deputy Keeper shall have all the Powers and Duties of the Keeper of the Prison, and the Keeper shall be civilly responsible for all Acts and Omissions of his Deputy Keeper. Repeal of Part of 4 G. 4. c. 64. as to Convicts employed in Gaol. VIII. And be it enacted, That so much of the said Act of the Fourth Year of the Reign of King George the Fourth as requires the Keeper of any Prison to account to any convicted Prisoner for the net Profits which such Prisoner shall have earned by his or her Work, Labour, or Employment in the Prison, or any Part thereof, or for any Allowance for the Work and Labour done by such Prisoner, and to pay the Amount of all Accumulations of such Allowance to such Prisoner, at his or her Discharge, is hereby repealed; and that no Officer of any Prison shall be allowed any No Officer to Wages or Profit in Money or otherwise in respect of the Work profit by their performed by any Prisoner; and that the Allowances which the Work. Visiting Justices shall grant out of his or her Earnings to any Allowances to Prisoner committed for Trial, against whom no Bill of Indictment certain Prisonshall be found by the Grand Jury, or who upon his or her Trial shall be acquitted of the Offence or Offences with which he or she was charged, shall be such as, under all the Circumstances attending the Case of such Prisoner, shall appear to them fit and reasonable, and shall not be given to such Prisoner until he or she shall be discharged from the Prison. IX. And be it enacted, That the Return required by the said Act of the Fifth Year of King George the Fourth to be made in the Form of the Schedule to that Act annexed marked (A.), and the Returns of the General Penitentiary at Milbank now required to be made to the Court of Queen's Bench, need not be made after the Commencement of this Act. X. And be it enacted, That the Return required by the said Act of the Fourth Year of the Reign of King George the Fourth to be made in the Form in that Act annexed marked (B.) shall, after the Commencement of this Act, be made in the amended Form of the Schedule to this Act annexed, or in such other Form as from Time to Time shall be directed by One of Her Majesty's Principal Secretaries of State. ers. Abrogation of Return required by 5 G. 4. c. 85. Return re- to be made in XI. And be it enacted, That every Prison which is inadequate Insufficient to give Effect to the Rules prescribed by this Act, or to be made Prisons may be and submitted to the Secretary of State under the Authority of presented or this Act, shall be taken to be within the Provisions of the said Act reported as such. of the Fourth Year of the Reign of King George the Fourth concerning Prisons which are inadequate to give Effect to the Rules and |