Imatges de pàgina
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As to Revisal of

Termination of
Periods spe-

cified.

Prisons (Ireland).

Act or Acts relating to the Board of Superintendence to be appointed by the Grand Jury or Council of any County or Borough, for every Gaol, Bridewell, House of Correction, or other Prison within such County or Borough, shall apply, extend to, and include the said Board of Superintendence of such joint Prison as if the said Board had been appointed by such Grand Jury or Council for every such Gaol, Bridewell, House of Correction, or other Prison as aforesaid.

XLVIII. On the Termination of the Period specified in any Agreements on such Agreement as aforesaid for the Continuance of the Proportion to be contributed by each of the contracting Parties towards the current and ordinary Expenses of any such joint Prison, or on the Termination of any such further Period as shall have been agreed on or settled as herein-after provided, the Board of Superintendence for the Time being of any such joint Prison shall, in case it shall appear to them proper to make any Alteration in the Proportion for the Time being adopted, proceed to propose a Revisal of such Proportion to the Grand Juries, or Grand Jury and Council of the said County and Borough, assembled respectively at Assizes or at a Special Meeting; and shall also propose the Period, not being less than Five Years, for which the then existing or such revised Proportion shall endure, and the Time when the said revised Proportion shall commence; and any such Proposal, when approved of by a Resolution of the said Grand Juries, or Grand Jury and Council respectively, shall to all Intents and Purposes be an Agreement binding upon the Parties thereto, and shall continue in force for the Period in the said Proposal specified, and also from and after the End of the Period so specified, until a Proposal for further Revisions shall be adopted as aforesaid or Award made, as is herein-after authorized.

In case Parties disagree upon the Terms of new Agreements Lord Lieutenant may appoint Arbitrators.

XLIX. In case the said Board of Superintendence for the Time being of any such joint Prison shall neglect or refuse to propose such Revisal of the Proportion for the Time being, and either or both of the said Grand Juries, or Grand Jury and Council, as the Case may be, shall resolve that some Revisal of such Proportion ought to be proposed, but shall not agree upon the Terms of such Proposal, or in case the said Board of Superintendence for the Time being of any such joint Prison shall propose some Revisal of such Proportion, and either or both of the said Grand Juries, or Grand Jury and Council, as the Case may be, shall not agree to such Proposal, then and in either of such Cases it shall be lawful for the Lord Lieutenant, upon the Application of either of the said Grand Juries, or Grand Jury and Council, as the Case may be, to appoint any Barrister to be an Arbitrator to determine the Matters in dispute, and such Barrister shall have Power to arbitrate between the Parties; and the said Barrister shall summon the several Clerks of the Peace and the Town Clerks of the several Parties so contracting as aforesaid, the Governor of the said joint Prison, and such other Persons as he may require, to appear before him at a Time and Place to be by him appointed, and there to give Evidence upon Oath (which Oath such Arbitrator shall be empowered to administer), and to produce all Information touching

the

Prisons (Ireland).

the Matters in dispute; and such Arbitrator may, if he shall think fit, adjourn the Hearing from Time to Time, and require all such further Information to be afforded as shall appear to him to be necessary, and shall, by his Award in Writing, determine the several Matters in dispute, and his Award shall be final and conclusive between the Parties for the Term of Five Years, and also from and after the End of such Term of Five Years until a Proposal for further Revision shall be adopted as aforesaid or Award made, as is herein authorized; and such Arbitrator shall assess the Costs of such Arbitration, and shall direct by whom and out of what Fund the same shall be paid, and the same shall be paid accordingly.

c. 109. repealed. Power to Borough to County for Reception of Prisoners in the County Gaol

contract with

L. The Ninth Section of the Act passed in the Session of Par- Section 9. of liament holden in the Third and Fourth Years of Her present 3 & 4 Vict. Majesty, Chapter One hundred and nine, is hereby repealed; and it shall be lawful for the Grand Jury of any Borough which shall be a County of a City or County of a Town, or for the Council of any such Borough, when such Council shall be the Body having Authority over the Gaols of the said Borough, to contract with the Grand Jury of any County adjoining the said Borough, or with which it shall have a common Boundary, for the Support and Maintenance in any Gaol or House of Correction 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 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 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 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 shail, during his or her Confinement in such County Prison, be in all respects subject to the sole Government and Control of the Board of Superintendence of such County Prison. LI. In any Case in which the Grand Jury of any such Borough as aforesaid, or the Council of any such Borough, when such Council shall be the Body having Jurisdiction over the Gaols of the said Borough, shall have agreed with the Grand Jury of an adjoining 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 A a 3

cause

Power to Grand Jury of Boroughs to present for Amount of Contracts.

Power to Grand
Juries of Bo-

roughs to grant
and convey old
Prisons to
Grand Juries
of Counties.

As to Trial of

Prisoners committed or re

Prisons (Ireland).

cause to be paid, if they shall so think fit, any Sum of Money to the Grand Jury of the County with 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 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 shall be the Body having Jurisdiction over the Gaols of the said 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 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 Fortyeighth Section of the Prisons Act, it shall be lawful for such Grand Jury or Council to grant and convey to the 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 Persons in trust for them, shall have therein, and that either gratuitously or upon such Terms and for such Sums of Honey as to the Grand Jury or Council of such Borough shall scem 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 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 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 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.

LIII. All Prisoners, as well Debtors as Criminals, committed or removed to, or confined in, any such joint Prison as aforesaid from the County which was Party to the Contract under which moved to joint such Prison was provided, shall be dealt with and be triable and County Prisons tried in the same Manner as if such Prison were the Common

Prisons or to

Gaol

Prisons (Ireland).

Gaol of the County from which any such Prisoner was committed under Conor removed; and all Prisoners, as well Debtors as Criminals, com- tracts. mitted or removed 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, 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 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 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 the Thirteenth and Fourteenth Years of Her Majesty, Chapter Eighty-five, 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 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.

LIV. Whenever the Grand Jury of any such Borough as afore- As to granting said, or the Council of such Borough, shall, under the Provisions Compensations of this Act, have completed any Contract for the Erection or to Officers of Prisons preAdoption of a joint Prison in lieu of the previously existing viously existing Prisons of such Borough, or shall, under the Provisions aforesaid, becoming unhave entered into any Agreement (whether perpetual or limited necessary. to a Term of Years) with the 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, every such Officer shall be entitled during his or her Life to such annual Allowance or Compensation, if any, not exceeding in Amount Two Thirds of the annual Salary to which such Officer shall have been entitled, as shall be fixed and ascertained for that Purpose by the Grand Jury, or, as the Case may be, by the Council of such Borough, at the Assizes next after the Time when such

A a 4

Officer

2 & 3 Vict. c. 93.

3 & 4 Vict. c. 88.

5 & 6 W. 4. c. 76.

Prisons (Ireland).

Police (Counties and Boroughs).

Officer shall become unnecessary and shall be discharged as aforesaid; or in case same shall not be fixed and ascertained at said Assizes, then to such annual Allowance or Compensation, if any, not exceeding the Rate aforesaid, as shall be so fixed and ascer tained at the next subsequent Assizes; and the Grand Jury, or, as the Case may be, the Council of such Borough, shall at each Assizes, without Application to Presentment Sessions, present One Moiety of such respective 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 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 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 Emoluments 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 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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CA P. LXIX.

An Act to render more effectual the Police in Counties and
Boroughs in England and Wales. [21st July 1856.]
WHEREAS an Act was passed in the Session holden in

the Second and Third Years of Her Majesty (Chapter Ninety-three), "for the Establishment of County and District "Constables by the Authority of Justices of the Peace," which Act was amended by an Act passed in the Session holden in the Third and Fourth Years of Her Majesty, Chapter Eightyeight: And whereas a Police Force has been established under 'the Authority of the said Acts in several Counties and Parts of

Counties in England and Wales: And whereas by the Act of 'the Session holden in the Fifth and Sixth Years of King William 'the Fourth (Chapter Seventy-six), "to provide for the Regula""tion of Municipal Corporations in England and Wales," Pro'vision is made for the Appointment of Constables in all Boroughs in England and Wales which are subject to that Act: And ' whereas, under the said secondly-mentioned Act, Power is given 'to Justices of Counties and Councils of Boroughs to agree for ⚫ the Consolidation of the County and Borough Police Establish

'ments:

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