Porter.

97. The officer acting as gate porter may examine all articles carried in or out of the Duties of gate prison, and may stop any person suspected of bringing in spirits or other prohibited porter. articles into the prison, or of carrying out any property belonging to the prison, giving immediate notice thereof to the gaoler.

Reports.

98. Within one week after the termination of every assize or court of quarter Gaoler to sessions the gaoler shall transmit by post to one of Her Majesty's Principal Secretaries transmit list of prisoners of State a calendar containing the names, crimes, and sentences of every prisoner tried to Secretary at such assize or court of quarter sessions, in such form and containing such particulars of State. as may be required by the Secretary of State; and whenever such court adjourns for any longer time than one week, the day upon which the adjournment is made shall be deemed the termination of the session within the meaning of this regulation; and every adjourned session for the trial of prisoners shall for the purposes of this Act be deemed a separate session; and every gaoler who neglects or refuses to transmit such calendar, or wilfully transmits a calendar containing any false or imperfect statement, shall for every such offence forfeit a sum not exceeding twenty pounds, to be recovered summarily.

and make report.

99. The visiting justices shall once at least in each quarter of the year carefully Gaoler to examine the following books kept by the gaoler of every prison, that is to say, the attend sessions, register kept in pursuance of the Prison Ministers Act, 1863, the journal, the nominal record, the punishment book, the visitors book, the record of articles taken from prisoners, the record of the employment of prisoners, the list of books and documents committed to his care, the inventory, and the account of prison receipts and disbursements, and shall report to the justices in sessions assembled any special circumstances which call for notice in respect of such books. The gaoler shall also at such sessions answer, on oath if required, the inquiries of the justices with respect to the condition of the prison and of the prisoners, and with respect to any other matters relating thereto. He shall at the same time present a certificate, signed by himself, containing a declaration how far the requisitions of this Act with respect to the separation of prisoners and enforcement of hard labour have been complied with, and shall point out any deviation therefrom which has taken place since his last attendance at sessions.

100. The journals of the chaplain and surgeon shall once at least in each quarter Journals and of a year be laid before the justices in sessions assembled at such time as they may reports of chaplain and appoint, and shall be signed by the chairman of the sessions in proof of the same having surgeon. been there produced. The chaplain shall once in the year, and he may at any sessions, deliver to the justices in sessions assembled a statement of the condition of the prison to which he is attached, and his observations thereon; and the surgeon shall once at least in each quarter of a year report to the justices in sessions assembled the condition of the prison, and the state of health of the prisoners under his care.

non-resident

101. There shall be kept in every prison a book, to be called the non-resident officers Record of book, in which the chaplain and any other officer of the prison not residing within the visits of prison, but attending on or required to attend on such prison, shall regularly enter the chaplain and date of every visit made to the prison by such officer; and every entry shall be signed officers. with the name and be in the handwriting of such officer; and such book shall once at least in each quarter of a year be laid before the justices in sessions assembled at such time as they may appoint, and shall be signed by the chairman of the sessions in proof of the same having been produced. The gaoler of every prison shall be responsible for the safe custody of such book, and shall at all times, when required so to do,

Rules as to

prisoners not debtors or criminals.

Construction
of word
"regulation."

Definition of subordinate officers.

produce it for inspection to the visiting justices, or to any justice of the peace for the county, riding, division, hundred, district, city, town, or place to which the prison belongs.

Construction and Application of Schedule.

102. Subject to the provisions of this Act, the justices in sessions assembled shall make such rules as they think expedient with respect to the classification and treatment of prisoners who are not debtors and are not criminal prisoners within the meaning of this Act.

103. Any rules made by the justices in sessions assembled, or by the visiting justices, and any dietary tables framed in pursuance of this Act, shall be deemed to be regulations of the prison within the meaning of this Act.

104. All officers of a prison shall be deemed to be subordinate officers, with the exception of the gaoler, the chaplain, the surgeon, the matron, and any minister appointed under the Prison Ministers Act.

Date.

Title of Act.

Extent of repeal.

5 Geo. 4. c. 85.

6 Geo. 4. c. 40.

7 Geo. 4. c. 18.

An Act for amending an Act of the last
session of Parliament relating to the
building, repairing, and enlarging of
certain gaols and houses of correc-
tion, and for procuring information as
to the state of all other gaols and
houses of correction in England and
Wales.

An Act to enable justices of the peace
in England in certain cases to borrow
money on mortgage of the rate of
the city, riding, or place for which
such justices shall be then acting.

An Act to authorize the disposal of un-
necessary prisons in England.

5 & 6 W. 4. c. 38. - An Act for effecting greater uniformity

5 & 6 W. 4. c. 76.

of practice in the government of the
several prisons in England and Wales,
and for appointing inspectors of pri-
sons in Great Britain.

The whole Act.

The whole Act.

The whole Act.

Secs. 2, 5, 6, 11, and 12.

An Act to provide for the regulation Secs. 115 and 116. of municipal corporations in England

and Wales.

6 & 7 W. 4. c. 105.- An Act for the better administration of Secs. 1 and 2.

2 & 3 Vict. c. 56. An Act for the better ordering of prisons. The whole Act, except

16 & 17 Vict. c. 43. An Act for enabling the justices of The whole Act.
counties to contract in certain cases
for the maintenance and confinement
of convicted prisoners in the gaols
of adjoining counties.

25 & 26 Vict. c. 44. An Act to amend the law relating to the Secs. 2 and 3.
giving of aid to discharged prisoners.

26 & 27 Vict. c. 79. An Act for the amendment of the law

relating to the religious instruction
of prisoners in county and borough
prisons in England and Scotland.

So much of section 3 as is inconsistent with the provisions of this Act, and the whole of section 5, but so far only as relates to prisons to which this Act applies.

Short title.

Commencement of Act.

Definition of " penalty."

Offenders adjudged to pay small

penalties upon

summary con-
viction may
in case of
nonpayment
be committed
as herein

mentioned,
without
warrant of
distress.

CHAPTER 127.

AN ACT to atnend the Law relating to small Penalties.

[6th July 1865.]

WHEREAS it is expedient to amend the law relating to small penal

ties: 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, as follows:

1. THIS Act may be cited for all purposes as "The Small Penalties Act, "1865."

2. THIS Act shall come into operation on the first day of August one thousand eight hundred and sixty-five.

3. THE word "penalty" in this Act shall include any sum of money recoverable in a summary manner.

4. WHERE upon summary conviction any offender may be adjudged to pay a penalty not exceeding five pounds, such offender, in case of nonpayment thereof, may, without any warrant of distress, be committed to prison for any term not exceeding the period specified in the following scale, unless the penalty shall be sooner paid:

to power

5. NOTHING in this Act contained shall affect the power of imposing hard Saving as labour in addition to imprisonment in cases where hard labour might, on of imposing nonpayment of the penalty, have been so imposed if this Act had not hard labour. passed.

which this

6. THIS Act shall apply to penalties, including costs, recoverable in a sum- Penalties to mary manner in pursuance of any Act of Parliament, whether passed before Act applies. or after the commencement of this Act; and all provisions of any Act of Repeal of Acts Parliament authorizing, in the case of nonpayment of a penalty not exceeding longer terms authorizing five pounds, a longer term of imprisonment than is provided by this Act, shall of imprisonbe repealed.

ment.

Act not to

7. THIS Act shall not apply to any penalty imposed by any Act of Parlia- apply to ment relating to the Inland Revenue.

8. THIS Act shall extend to England only.

penalties under Revenue Acts.

Extent of Act.

END OF THE FOURTEENTH VOLUME.

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VOL. XIV.