Appeal against

order of removal,

If pauper is

next general quarter sessions for the county, &c. in which such gaol is situated, and such court, if the sum so awarded be too much, may strike it out and insert any other, and shall direct the order so amended to be carried into exea cution.

Sect. 6. The overseers of the parish, &c. wherein such pauper shall be adjudged to be settled, may appeal to the next general quarter sessions of the peace for the county, &c. in which such gaol is situated, holden after twenty-one days from the service of the copy of the order of removal, and the like proceeding shall be had as in other cases of appeals against orders of removal; provided that, if there is no appeal, or if upon appeal, such order shall be confirmed, such pauper shall be settled in such parish.

Sect. 7. In case such pauper shall be found not to be not settled any settled in any parish, &c. any one justice may order the where, he is to be relieved by overseers of the parish, &c. wherein the gaol is situated, in parish where which such pauper shall be so confined, to relieve such gaol is situated, which shall be poor person with a sum not exceeding 6d. per diem out of repaid by the 'the poor's rate, which sum shall be reimbursed to such county. overseers out of the county rate by the treasurer at the expiration of the confinement of such pauper.

By 53 Geo.III. c. 21. any four of the commissioners of customs or excise in England, or any three in Scotland, may order an allowance for the necessary subsistence of poor prisoners in gaol, under any exchequer process, or commitment in execution, by any commissioner or justices of the peace, or under any writ of extent, or suit upon bond, pursuant to orders in council, of a sum not exceeding 7 d., and not less than 44d. per day, out of any monies in hand.

The 19 Car. II. c. 4. for the relief of persons committed for felony or misdemesnors, enacted that a stock of materials should be raised out of the county rates, and that the prisoners should receive the profits of their labour.

The 31 G.III. c. 46. s. 13. extended this provision in favor of all other prisoners, who should be inclined and willing to work.

Both these statutes have been repealed by 4G.IV. c.64.

And by Sect. 10. of that act, regulation 13. every pri- Provisions for soner maintained at the expence of any county, riding, maintained at prisoners division, city, town, or place, shall be allowed a sufficient expence of quantity of plain and wholesome food, to be regulated county. by the justices in general or quarter sessions assembled, regard being had (so far as relates to convicted prisoners) to the nature of the labour required and performed by such prisoners.

ance of food.

And the justices may order for such prisoners, of every Justices may description, as are not able to work, or being able cannot order allowprocure employment sufficient to maintain themselves, or who may not be otherwise provided for, such allowance of food as the said justices shall from time to time think necessary. Prisoners under the care of the surgeon shall be allowed such diet as he may direct; and care shall be taken that all provisions supplied to the prisoners be of proper weight and quality.

selves.

fore bieqor

By the 14th regulation in the same section, prisoners Prisoners for who shall not receive any allowance from the county, whe- fore trial, may debt, and be ther confined for debt, or before trial for any supposed provide food, crime or offence, shall be allowed to procure for themselves, &c. for themand receive at proper hours, food, bedding, clothing, and other necessaries, subject to such restrictions and examination, to be prescribed by regulations to be made as the act directs.

By the 15th regulation, no prisoner confined under sen- Under sentence of a court, or upon conviction before a justice, shall tence, or after conviction, receive any food, clothing, or necessaries, other than the gaol allowance, except under such regulations as the justices in general or quarter sessions think expedient.

not.

Those able to ence not to be

earn a subsist

supported.

Prisoners for

trial, able but unwilling to work, are not

entitled to have bread

and water provided for them by the public.

Sect. 38. "Whereas persons convicted of offences are frequently sentenced to imprisonment, without being sentenced to hard labour," two or more visiting justices may order such persons, except those who maintain themselves, to be set to some work not severe; and no such prisoner, who shall be of ability to earn, and who shall have the means of earning, or of otherwise providing for his own subsistence, shall have any claim to be supported at the expence of the county, riding, or division, or by the sheriff or keeper of the prison; provided that when such ability shall cease, by reason of sickness, infirmity, the want of sufficient work, or otherwise, every such person shall, during such inability, receive such provision and support as shall be directed for other convicted prisoners in the same prison.

Application for a mandamus to justices, commanding them to take into consideration that several prisoners committed for trial had been compelled to work upon the tread-mill against their inclinations, and to rectify this abuse.

The sessions had made an order that the tread-mill should be applicable both as hard labour, for such prisoners as might be sentenced thereto, as for the employment of other prisoners; and also that prisoners committed for trial who were able to work, and had the means of employment offered them, by which they might earn their support, but who should obstinately refuse to work, should be allowed bread and water only.

It was argued, that the effect of this order of sessions was in direct contravention to the 4 Geo.IV. c.64., for it was in effect to compel the untried prisoners to work against their wills; for if they do not work at the employment prescribed, they will have no other allowance than bread and water, which it was said was not plain and wholesome food within the meaning of the 10th section.

Abbott C. J. How are we to judge what is plain and wholesome food; that is matter upon which the justices

are exclusively to decide. Before the late statute 4 Geo. IV. c. 64., prisoners who were able and unwilling to work, were not entitled to be maintained at the public expence, and it is not contended that that statute casts such a burthen on the public. There being no provision in any act of parliament to compel the county to provide food for those who are able but unwilling to work, we cannot grant a mandamus to compel the justices to order any species of food to be provided for such prisoners. The legislature appears to have vested in the county magistrates a discretion as to the management and diet of the prisoners.

Bayley J. The justices have already done more than the law required them to do, by ordering such persons as are able but unwilling to work bread and water.

Per Best, J. It is not for us to decide whether bread and water be or be not sufficient; the quantity and quality of the food being left to the discretion of the magistrates. The 13th regulation enables the justices to order for such prisoners of every description as are not able to work, or being able, cannot procure employment sufficient to sustain themselves by their industry, or who may not otherwise be provided for, such allowance of food as they shall think necessary, for the support of health; the 37th section enables the magistrates to employ prisoners committed for trial with their consent; (1) this section prevents them from forcing such prisoners to work against their will, but it does not oblige them to find food for such as are able, and will not work. Rule refused. (2)

But now by 5G. IV. c.85. s. 17. prisoners shall be allowed food sufficient for their health, without being obliged to work.

(1) This consent shall be freely given, and not extorted by deprivation, or threats of deprivation of any gaol allowance. See sect. 10. 5 Geo. IV. c.85.

(2) Rex v. Justice of North Riding of Yorkshire, 2 B. & C. 286.

**And by sect. 16. no prisoner before conviction shall be employed on the tread-wheel.

Sect. 22. the visiting justices may send discharged prisoners to their settlements by passes, which shall state the names of places through which the person shall travel, and the time to which the pass is limited; the allowance shall be three half-pence per mile, and for children a penny, which by sect. 24. shall be paid by the overseers of the different places prescribed in the route, for which they shall take a receipt, and indorse on the pass the sum paid.

Sect. 25. the treasurer of the county shall repay such sum to the overseer on the production of the receipt.

SECT. VI.

Of relieving Militia Men's Families.

6. Relief under this head is regulated by 43 Geo. III. c. 47. 51 Geo. III. c. 20. s.20.; 53 Geo. III. c. 81. s. 10. 49 Geo.III. c. 86.; 49 Geo.III. c.90.; 51 Geo. III. c.118. s.5.

The 43 Geo. III. c. 47. repeals the 33 Geo. III. c. 8., 34 Geo. III. c. 47., 35 Geo. III. c.81., 36 Geo. III. c.114. except as to provisions for the repayment of any sums advanced under the said acts; or to the allowing, accounting for, or recovering such sums; or to any fines and penalties relating thereto.

Sect. 2. The overseers of any parish, &c. where the family of any non-commissioned officer, drummer, ballotted man, substitute, hired man, or volunteer, embodied and called into service, shall be left chargeable, shall, by order of a justice, pay out of the poor's rate to such family a weekly allowance; viz., for every child under the age of ten, born in wedlock, not exceeding the price of one day's labour, nor less than 1s.; for the wife, whether having children or not the same.