Prisons Act 1869 (SA)

ANNO TRICESIMO TERTIO

No. 12.

An Act to consolidate and a,mend the Lnw relalilty to Prisons,

[Assented to, 9th February, 1870.1

HEREAS it is expedient to consolidate and amend the Law frenmble.

W relating to Prisons in South Australia-Be it therefore	Enacted by the Governor of the Province of South Australia, with
the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

1. This Act may be cited for all purposes as the Prison Act, short Titls.

C_

1869."

2. This Act shall extend and apply to all prisons in South Application of Act.

Australia, except military or naval prison's.

3. In this Act, and in any Act applicd or incorporated by this Definition of term

Act, the expressions hereinafter mentioned shall have the meanings hereinafter attached to them, unless there is something in the tenor of the Act incorisistcnt with such meanings, that is to say-

" Governor" shall mean the Governor in Council: " Surgeon" shall Govefaor* Surgeon.

mean any duly qualified medical officer appointed to any prison:

"Prison" shall mean gaol, house of correction, labor piison, or penal pri~on.

establishment; it shall also include the airing grounds, or other grounds, buildings, quarries for the use of the prison, and contiguous thereto: Sheriff" shall also mean Comptroller of Labor Prisons: Sherig,

"Gaoler" shall mean superintendent, kecpcr, or other chief officer of a Gaoler.

prison: " Criminal prisoner " shall mean any prisoner charged with, crimind	prisonet.
or convicted of, a crime.

4. The

0

36 33O VICTQRIB, No. 12.

-

Acts repealed	4. The several Acts, and parts of Acts, mentioned in the First Schedule to this Act, to the extent to which the same are therein exprcssed to be repealed, shall be, and the same are hereby, repealed;
but such repeal shall not affect any proclamation, sentence, rule, or
regulation, appointment, order, proceeding, warrant, direction, offence, or other thing heretofore passed, made, done, or committed, nor be construed to revive any Acts or Ordinances by the said hereby repealed Acts or any of them repcalled; but any such pro- clamation, rule, regulation, appointment, or order, or direction, may be rescinded, altered, or otherwise dealt with as if the same had been made or passed under this Act; and all things la~vfully done, and all rights conferred or acquired, and all offences committed and penalties incurred under any of the said repealed Acts, or parts of Acts, before the coming into operation of this Act, shall be con- tinued and preserved, and shall be prosecuted and enforced as if this Act had not been passed.

Schedule.

What ~ h d be the 5. All buildings, enclosures, or places now used, occupied and houses of correction, labor prisons, or penal establishments, and which are specified in thc Second Schedulc to this Act annexed, shall be and are hereby dcclascd to be respectively until the same shall be duly closcd the public gaols, houses of correction, or penal establishments belonging to the said Province respectively, and shall

public gaole and labor

risons of the

supported out of the revenue of the said Province as public gaols,

t

rovince.

be subject to the several provisions hereinafter made for 'the regula-

tion, management, care, discipline of the same, and of the prisoners

therein respectively confined.

place8 to be used as

Governor may appoint

6. All buildings, erections, houses, enclosed places, and premises hereafter to be erected, built, enclosed, purchased, enlarged, or maintained at the public expense as and for public gaols, prisons, houses of correction, labor prisons or p e i d establishments, within the said Province, which are from time to time proclaimed by the

publio gaole.

prisons, houses of correction, labor prisons, or penal establishments Governor, by notice in the Go~crnnlent Gazette, as such public gaols, shall, from and after the publication of such notice, be scvcrally

deemed and taken to be the public gaols, prisons, houses of correc- tion, labor prisons, or penal establishments respectively of the place or district where the same arc situated; and shall be subject to the several provisions made for the regulation, discipline, management, and care of the public gaols, prisons, houses of correction, labor prisons, or penal establishments already erected, and of the prisoners confined within the same: And the Governor may, by ordcr in Council published in the Gooernm~nt Gazette, close any such gaol, prison, house of correction, labor prison, or penal establishment, and direct the removal of the prisoners confined therein to some other gaol, prison, house of correction, labor prison, or penal establishment to be namcd in such ordcr.

of all gaols, &C., and Bhcriff tohave control 7. All the said public gaols, prisons, houses of correction and cwtody of all priaonerr labor prisons already established or used, and hereby declared to be

conheit therein. the

33& VICTORIX, No. 12. -

Prison A c t. l S 6 9 - 7 0.

the public gaols, prisons, houses of correction, and labor prisons in the said Province, and also such as under the provisions of this Act shall hereafter be notified in manner aforesaid, shall be, and are hereby declared to be, under the charge, care, and direction of thc Sheriff of South Australia, subject, however, to the control of the Governor of the said Province; and all prisoners s l d l be deemed to be in

the custody of the said Sheriff.

8. Except where it is otherwise proclaimed by the Governor by Gaolst*bealso~rib~nn for debtors, unless

notice in the Government Gazette, every gaol shall be taken to be a otherwise proclaimed,

prison for debtors; provided that the Judges of the Suprcme Court

may make such rules and regulations for the control and management

of debtors in any prison as to thc said Judges s1iaI.l sccm fit.

9. The Supreme Court of South Australia, and the several Power of Judges to order imprieonment in

Judges thereof, shall have full power and authority to order and

g,l,

direct the imprisonment of any convicted prisoner to take effect in

any particular gaol or labor prison.

10. The regulations contained in the Third Schedule, hereto Governor, 1n Execu-

annexed, shall be the rules and regulations for the dieting, safe make rules for tive Council, may

custody, management, discipline, classification, hours of labor, and prisons.

mode of eempldyment of an7 offenders confined in any labor prison

or penal establishment, for the rcmission of any part of the sentence

of any such oEender, upon certain conditions, and of the class of pri-

soners who shall be liable to wear irons d ~ ~ r i n g imprisoumcnt, for

limiting the numbcr of lashes any offender shall be liable to receive for

offences committed during imprisonment, under any order of per-

sonal correction made by any Visiting Justices, and to direct the

separate or solitary confinement of any such offenders; and the Go-

vernor may, fkom time to time, make other rules and regulations for

the purposes aforesaid.

annexed, in respect to the government of gaols, shall be binding gaols only. 11. The regulations contained in the Fourth Schedule, hereto Regulationa er to

on all persons, in the same manner as if they were inserted in the body of this Act; and all rules in force in any gaol that are in- consistent with this Act, or the regulations in the Schedule hereto, shall be rcpealed from and after the comn~encernent of this Act, but all other rules in force in any gaol shall so continue until altered in manner in this Act provided; and the Governor may, from time to time make other rules and regulations relating to the government of gaols, and frame dietary tables, and may from time to time alter any

such rules, regulations, or dietary tables.

-, 12. Any rules or regulations made under the provisions of this R~leaandredat ionn t o have the force of

Act, when published in the Go.~.ernmewt Gazette, shall have the force l,,.

of law: Provided that a copy of all such rules and regulations shall

be laid before Parliament within fourteen days, if Parliament shall To be	btforePu.
be then sitting, and if thc Parliament shall not be then sitting, then liament.
within fourteen days from its next si t thg for the dispatch of

business, 13. The

330 VICTORIB, No. 12.

Prison Act.--1869-70.

Visiting Justices. Magistrates of the Province, to be Visiting Justices of each gaol or ~ovemorma~appoint 13. The Governor may appoint fit and proper persons, being

labor prison within the said Province, and may remove and displace any of the said Visiting Justices and appoint others in their stead;

and one at least of the Visiting Justices so appointed shall visit any

such gaol or labor prison at least once in every week, unlcss prevented by illness or other sufficient cause, and shall from time to time make such report to the Chief Secretary as may be required by order of the said Governor.

Appointment of

superior officers of 14. The Governor may from time to time appoint for any labor

gaol8 by Governor.

prison or gaol, and from time to time remove such and so many

Of inferior by

superior officers as he may deem necessary, and the Sheriff, with the

Sheriffs.

approval of the Chief Secretary, may from time to time appoint for

any labor prison or gaol, and frogt ime to time, with tlle likc ap-

proval, remove such and so many subordinate officers as he may dccm

necessary for the service and discipline of any labor prison or gaol.

Chicf Secre- may 15. Thc Chief Secretary, if he shall deem it necessary, may require

"quire oi3cers. aecurit~ from any person employed in any prison to give sccurity for the due per- formance of his duties, in such sums and with such collateral securi- tics, and in such form as the Chief Secretary shall direct.

Par ousting dismissed 16. If any person appointed to any office or employment in a

o fflcere.

prison, who shall be removed from his office or enlployment, shall refuse or neglect to quit any prison, or give up possession of any house, building, or apartment therein, or belonging thereto, within such period as shall be fixed by the Chief Secretary in any order or notice in writing, not being less than forty-eight hours' notice after the delivery to such pcrson of any such ordcr or notice, then it shall be lawful for any Justice of the Peace, on application, by warrant under the hand and seal of such Justice, to direct the Sheriff of the

Province to remove such person out of thc prison; and the said Sheriff

part of the prison, or any house, building, or apartment therein, or shall thereupon clear the possession thereof, so far as relates to any

belonging thereto, occupied by or in possession of such person, in

like manner as upon a writ of hubere fucias possessionem.

Offenders under 17. The Governor may direct the removal from any gaol to a

months, with hard labor prison, of any prisoner under sentcncc of imprisonment	sentence of over six
labor. mapbe removed with hard labor for any term greater than six calendar months, to labor priaon. and who having been examined by the medical officer shall

appear to be freefrom any putrid or iilfcctious distemper, and fit to be removed from the gaol, prison, or place in which such offender may be confined; and the Sheriff or keeper having the custody of any such offender shall, with all convenient speed, after the receipt of any such order, convey, or cause to be conveyed, every such prisoner to the labor prison mentioned in such order, and shall there deliver him, or cause him to be delivered into the custody of the superin- tendent of such labor prison, with a true copy, duly attested by the

Sheriff, of the sentence of every such prisoner; and the superintendent

of

(33" VICTORIAE, No. 12.

Prison Act,-1 869-70.

of such labor prison shall give a receipt in writing for every prisoner

received into his custody.

18. Every offender who shall be so removed to any labor prison ~ ~ ~ ~ ~ ~ " f ~ ~ , " ;

shall be deemed to be in the custodv of the Sheriff as Comptroller of	~r ison,
Labor Prisons, and be subject to b e kept at such labor prison for the * residue of his sentence, or until he shall become entitled to his liberty under the regulations in force as to remission of sentences, or until removed by legal authority.

19. If any prisoner in any labor prison or gaol shall assault any ~saaultingo~oerr.

officer or servant employed therein, such prisoner shall be guilty of

a misdemeanor, and upon conviction thereof before the Supreme

Court, shall be liable to be imprisoned for any term not exceeding two years, with or without hard labor, in addition to the term for which, at the time of committing such offence he was subject to imprisonment, and shall also be liable to corporal punishment if the Court shall so order.

20. The Governor may, by an instrument in writing under his Governor may saw- tion labor outaido

hand, direct and authorize the Sheriff, whenever he may see fit, to gaols,

remove any prisoner under sentence of hard labor to any distance

without the malls for the purpose of carrying out the labor portion

of any sentence, or direct any prisoner to be employed in any place

to be set forth in such instrument.

21. Every person lawfully placcd in charge of any prisoner so Penalty on officer for nrglect or wilfiil per-

removed, wilfully or ncgligcntly permitting him to escape, shall be ,i,oo	to eaeape,
subject to all the like fines and penalties to which any constable or police officer is now by law liabG for a like offence, and shall, while so in charge as aforesaid, have all the powers and privileges by law appertaining to a constable.

22. Every prisoner escaping, or attempting to escape, from any person in whose charge be may be placed for the purpose aforesaid, pi,,,,

be

shall be guilty of felony, and may, on conviction, be sentenced to be imprisoned and kept to hard labor, with or without irons, for any period not exceeding five years; and such period shall be in addition to any pcnding term of punishment at the time of such escape or attempt to escape.

23. When persons convicted of offences are sentenced to imprison- pew, imprigoned.

ment, without being sentenced to hard labor, the Sheriff may order ~~!;;~;;~;~~	all such persons, except such prisoners as maintain themselves, to be	to work.
set to some moderate work or labor: Provided that no such prisoner, who has the means of maintailring himself, shall have any claim to
be maintained at the public expense.

24. I n order to prevent the contamination arising from the asso- separate confinement

ciation of prisoners, any prisoner may, by order of the Sheriff, with

priamer*

the concurrence of a Visiting Justice, be separately confined during

the whole or any part of his imprisonment, and such separate im-

prisonment

P

33TICTORT&, No. 12,

prisonment shall not be deemed solitary confinerncnt within the meaning of any Act forbidding the continuance of solitary confine- ment for more than a Limited time: Provided always, that no cell shall be used for separate confinement of any prisoner which is not of such a size, and so ventilated and lighted, that a prisoner may be confined therein without injury to health; and every prisoner so con- fined shall have the means of taking air and exercise at such times as shall be deemed necessary by thc surgeon.

offendera attempting	25. Any person legally imprisoned for any crime, misdcmeanor, or offence, by the sentence of any Court of competent jurisdiction, who escapes or attempts to escape from any gaol or labor prison, or from the lands adjacent to and belonging to such gaol or labor prison, or from the custody of any gaoler or other officer in whose custody
felony.
he may be, shall be guilty of felony, and being lawfully convicted
thereof shall be liable to be imprisoned and kept to hard labor, with or without irons, with or without solitary or separate confinement, not exceeding one month at any one time, and not exceeding three months in any one ycar, for any period not exceeding five years, in addition to the term for which, at the time of committing such offence, he was subject to being confined.
Puniahrnent on per-	26. Any person who conveys, or causes to be conveyed, or who delivers, or causes to be delivered to any person for the purpose of being conveyed into any gaol or labor prison in which any prisoner is confined, or who sccretcs, or leaves upon, or about any quarry, public work, gaol, or other place where any such p~isonms are usually employed or confined, for the purpose of bcing found or received by any such prisoner, any article of disguisc, instruments, arms, weapon, or any poisonous or deleterious drug, or any other article or thing likely to be used for the purpose of escape, shall be deemcd and taken to have delivered the same to aid and assist the escape of a prisoner, even though no escape may have been attempted; and any such person, or any person who in any other manner aids or abets, or
aone aiding in escape.

to escape, guilty of

,	assists any prisoner to escape from any such gaol, labor prison, or other place, may be apprehended by any person without warrant, and be by him detained and kept in safe custody until such offender can be brought before two Justices, who may hear and determine the alleged offence; and such offender shall, upon conviction, forfeit and pay a penalty of not less than Fifty Pounds nor more than One Hundred Pounds, and in default of payment, or in the discretion of
such Justices, may be imprisoned and kept to hard labor for any
period not exceeding two years.

Barboring prisonem	27. Any person vho knowingly harbors in or about his house, lands, or otherwise, or who knowingly employs any person under sentence of imprisonment and illegally at large, shall, on conviction thereof, forfeit and pay a sum of not less than One Pound or more than Fifty Pounds.
illegally at large.

Penrlt~ for hold in^^ 28. Any person who holds or attempts to hold any communica-

oommunication. tion

33" VICTORIB, No. 12.

Prison Act.-l 869-7 0.

tion with any prisoner undergoing sentence, or who delivers, or in any manner whatsoever, cndeavors or attempts to deliver, or causes to be delivered to any such prisoner, or introduces, or attempts to introduce into any gaol or labor prison, any money, article of clothing, letter, spirituous or fermcntcd liquor, tobacco, or any other article or thing whatsoever, not allowed by the rules and regula- tions, or lurks or loiters about any gaol, labor prison, or thc lands adjacent and belonging thereto, for any of the purposes aforesaid, or delivers, or causes to be delivered to m y other person, any such money, lctter, spirituous or fermented liquor, tobacco, article, or thing, for the purpose of being conveyed or introduced as aforesaid, or

who secretes or leaves upon or about any place where such prisoner

is usudly employed, any such money, letter, spirituous or fer-

mented liquor, tobacco, article, or thing, for the purpose of being found or received by such prisoner, may be apprehended by any constablc, or by any person in whose custody any such prisoner then is, without warrant, and may be, by such constdde or other person, detained and kept in safe custody until hc can be brought before

a Justice, and such Justice may hear and determine such offence,

and upon conviction any such offender shall forfeit and pay a penalty not exceeding Thirty Pounds, and in default of payrncnt, or in the discretion of such Justice, may be imprisoned and kept to hard labor for any period not exceeding six months.

29. ,4ny person loitering about any such gaol, labor prison, or Unlawful purpose'.

lands belonging thercto, who refuses or neglects to depart therefrom upon being duly warned so to do by any constable or authorized person, shall be deemed and taken to be lurking or loitering about such placc for the purposes aforesaid.

30. If any prisoner under sentence of hard labor, in order to evade Prisonem wilfullpdia.

labor, shall wilfully disable himself, or shall designedly prevent or abling themae.veB.

protract the cure of any disease or complaint which he may have

contracted, every such offender, being convicted of such offence

before any Justice of thc Peacc, shall bc liable to serve for such

further time as such person shall have been so disabled or delayed from labor as aforesaid, and in every such case a certificate under the hand of the surgeon, who s l d l be in care of and be attending upon such person, that he had so wilfully disabled himself, or had designedly prevented or protracted the cure of such disease or com- plaint as aforesaid, shall be deemed sufficient proof of such offence.

31. Excepting under special circumstances, and as permitted by Strangen not per- mitted to aeo the lnbor

the prison rules, the superintendent of any labor prison shall not pdaon an

allow any person, exccpt the Judges of the Supreme Court and ortlerfromthe Chief

Visiting Justices to enter the prison or converse with a prisoner, Secretary, &C. without a written order from the Chief Secretary or the Comptroller

of Labor Prisons.

32. Any prisoner confined in a prison whose term of imprisonment DiuchargeofprLonen.

would according to his sentence expire on any Sunday, shall be en-

titled

33" VICTORIB, No. 12.

Prison Act.-1869-70.

titled to his discharge, at noon, on the Saturday next preceding such Sunday, and all sentences of imprisonment on any offenders, convicted at any Criminal Sittings of the Supreme Court or Circuit Courts, shall date from the first day of holding such sittings; and all other sen- tences of imprisonment from the date of signing any warrant of commitment under which any offender is detained in custody, unless such prisoner was at largc at the time of signing such warrant, in which case the sentencc shall date from the tinw of arrcst of the prisoner.

Inquesta on prisoners.	33. An inquest shall be held on the body of every prisoner who may die within any prison; and where it is practicable one clear day shall intervene between the day of thc dcath and the day of the holding of the inquest; -and in no case shall any officer of the prison, or any prisoner confined in the prison, be a juror on such inquest.
Acta to be deemed	34. No prisoner of any class shall disobey the orders of the gaoler, prison, or any person who may visit t l ~ c prison, or may bc employed therein, with disrespect, or be idle or negligent in his work, or wilfully damage the same, or absent himself without leave from Divine Service, or behave irreverently thereat, or be guilty of swearing or any in- decent or immoral expression or conduct, or of any assault, quarrel, or provoking, or abusive language, or converse, or hold intercourse with any other prisoner, esccyt as authorized by the prison rules, or cause annoyance or disturbance by singing, whistling, or making unne- cessary noise, or pass, or attempt to pass without permission out of his cell, or beyond the bounds of the: ward or other place to which he may belong, or when at work go without leave beyond the limits assigncd for such work, or be idle at his work, or disfigure the walls or othcr part of the prison by writing on them or othcr- wise, or deface, destroy, or pull down any paper or notice hung up
offences if committed	supeiintcndcnt, or any other officer, or treat any of the officers of the

,, a y

gaol cr labor prison.

by authority in or about any part of the prison, or wilfully injure any bedding or other article, or commit any nuisance, or have in	his cell or possession any article not furnished by the establishment,
or allowed to be in the posscssion of a prisoner, or smoke at unau- thorized times, or shall give or lend to, or borrow from any other prisoner any food, book, or othcr article without leave, or rehse or neglect to conform to the rules, regulations, or orders of the prison,
or otherwise offend.

HOW to be punished. 35. The Sheriff or a Visiting Justice may examine any prisoners touching such offcncm, and may ordcr any prisoner so offending to be punished by being closely or otherwise confined in a dark or light cell, or by being fed on bread and water only, or by both such punishments for any term not exceeding s rwd days, and by for- feiture in addition of any number of marks earned by such prisoner, not exceeding thc number necessary to earn one month's remission of sentence, should such Sheriff or Visiting Justice see fit so to order.

Repeated and other 36. If any prisoner be guilty of an offence for which the punish-

offenoea. ment

Prison A&,-1869-70.

ment hereinbefore authorized to be inflicted shall be deemed by the Sheriff to be insufficient, on account of the enormity of the offence, or the repetition thereof, the Sheriff shall, without loss of time, report the same to a Visiting Justice who, with the assistance of any other Justice of the Peace, may inquire, upon oath, in a summary way, into any such repeated offencc or any charge, including an attempt

to abscond, grossly offensive or abusive language, refilsal to work,

insubordination, assault upon, or attcmpt to c10 any bodily injury to, any officer or prisoner, or any riot or tumult, or any wilful and malicious destruction or injury of any part of the prison or any fur- niture thereof, brought against any prisoner, and such Justices may, in their discretion, sentence such prisoner, upon conviction, to be kept at hard labor, with or without irons, for any term not exceeding one year, and, in their discretion, to be kept in solitary confinement for any portion of such timc, not exceeding three months, in periods, none of which shall exceed one month, and which shall be at inter- vals of at least one month, and may direct, that during such confine- ment such prisoner sllall be deprived of any particular portion of the ordinary diet of the prisoners, or forfeit the wholc or any numbcr of marks earned by such prisoners, or that the offender be punishrd by corporal punishment: Proviclcd that such period of imprisonment or solitary confinement as aforesaid shall not be deemed or taken as a portion of the period of imprisonment or hard labor to which such prisoner shall havc been previously sentenced.

37. Except wherc forming part of the sentence of any prisoner, no corporal punishment shall in any casc be inflicted until after inquiry upon oath into thc circumstances of the case, in the presence of the prisoner, and before two or more Justices of the Peace, of whom the Visiting Justice may or may not be one.	Corporal punishment.
38. Any gaol may be visited by any Justice of the Peace betwccn the hours of nine o'clock in' the forenoon and five o'clock	Powers of Justicefi of
Peace to vkit a11

in the afternoon, for the purpose of examining into the treatment, places used as gaok.

behaviour, and condition of the several persons confined therein; and if it shall appear to any Justice so visiting, as aforesaid, that any alterations in the rcgulations or in the treatment, condition, or behaviour of the persons confined thercin would bc desirable, then such Justice shall cause a minute of such alteration to be entered in the book to be for that purpose kept at such gaol and shall sign such minute. and renort the snecial circumstance for the considera- tion of the bovernor, throuih the Sheriff, who shall cause a truce

copy of such minute to be laid before the Chief Secretary, together: with the report of such Justice; and no Justice shall have power to interfere with any regulation or order touching the treatment, behaviour, or condition of any person confined in any gaol, but may see such person and hear or receive any representations as to the treatment of such person in such gaol, with a view to making any

report thereon, as hereinbefore mentioned.

39. The Governor may remit in whole or in part any sum of money Pondtin fm offmes which may be rernittd by the Governor

339VIOTOR1A3, No. 1 2

although payabh to

p h e o other ahmj	which under any Act now in force or hereafter to be passed, may be
Ber Majwty.	imposed as a penalty or forfeiture on any person although such money may be in whole or in part payable to some party other than Her Majesty, and to extend the Royal mercy to any person who may be imprisoned for non-payment of any sum of money so im- posed, although the same may be in whole or past payable to some party other than Her Majesty.
A6 bs toremo~al
prironers to allow of

Of 40. Whenever it shall appear to the Governor that it is necessary

the repaire or enlarge-	that the debtors or other prisoners, or m y of them confined in any
ment of prieons, or in
conaequence of infec-	public gaol or prison within the said Province, ~hould be removed

' tioua dirreaees. therefrom, in order that the same may be closed, repaired, improved, enlarged, or rebuilt, on account of any contagious or infectious disease therein, or of the overcrowded state of sucli gaol or prison, or for any of the purposes of this Act; and due and sufficient notice thereof, in writing, shall, by order of the said Governor, be given to the Sheriff of the said Province, thc said Sheriff may remove such debtors or other prisoners, or any of them, to such other gaol or pri- son, or other place of confincmcnt within his jurisdiction, as the said Governor shall appoint, and consign them to, during the time, such gaol or prison shall be repairing, improving, or rebuilding, or during the continuance of such contagious disease on account of which the said prisoners were removed, or during such time as may be requisite for any purpose of this Act; and when such gaol or prison shall be made fit for the reception arid safe-keeping of such debtors and other prisoners, the said Sheriff may remove back thereto a,ll such prisoners as shall then be in his custody; and further, in case

Aa to the removal of	any 6ewly-erected gaol or building prcvio~sly used for other pm-
or district to newly	poses shall, by Proclamation notified in the Government Gazette, be
prodaimed gaol or
prhn for same.	declared to be adapted and directed to be thenceforth appropriated and used as a public gaol or labor prison for any particular place or district, the said Sheriff, on the day of the publication of such Pro- clamation, or at any time thereafter, may remove all prisoners in his custody, in such place or district, to such gaol or bbor prison, according to the sentences of the respective prisoners.

pdaonera in any place

a, to the of 41, The Sheriff may, by leave of a Judge of the Supreme Court, also under his control; or, in case of illness, to any hospital or infirmary as occasion shall seem from time to time to require.

~fimnom One

01 to another, or to on application made to him for that purpose, remove any prisoner

r-ihpi~, if m c ~ q. whatever from any gaol under his control to any other gaol being

Removal ~ f p ~ i ~ o n m 42. A priaoner may be brought up for trial, and may be removed

for trial.	by, or udder, the direction of the Sheriff from one prison to another, or from one +ce of confinement to mother, to which such prisoner may bi legally remokd for the purpose of being tried or undergoing
his seitencc, and no prisoner, whilst in the custody of a gaoler, cow stable, or other $erson duly authorized to take charge of such pri. soner,' shall be deemed to have escaped, altho%& he may be taken
to different places of confinement for such purposes as aforesaid.

43, The

' 33" t?CT0ItIAE, No. 12.

Prison Act.- '1869-7 0.

43. The Governor, by an order under his hand, may direct any Governor may order prlsnnere to be re-

person in prison in South Australia, under sentence of any Court, moved from ...	p*.
or of any competent authority, for any offence committed by him, son to another*
to be removed from the prison in which he is confined to any other
of Her Mzjesty's prisons in South Australia, and there to be im
pxisoned during the term of imprisonment.

44. If the keeper or any other officer of or belonging to any Keepem, &C.,

building used as a gaol, house of correction, penitentiary, or watch- ~ ~ ~, " n r ~ $; O ~ ~

house shall seil, lend, or give away, or knowingly suffer any wine wineorepirite therein.

or spirituous liquors to be sold, lmt, or given away, or to be brouqht

into any such building, except the same shall have been prescribed in

writing by the medical officer attending such gaol, house of correction,

penitentiary, or watchhouse, as aforesaid, or shall be allowed by the

regulations, such keeper or officer @hall forfeit and pay a penalty of

not less than Five Pounds nor more than One Hundred Pounds.

45. If any person shall take, or endeavor to take or pass liquors P,,. ,,,

into any such buildings as mentioned in the last preceding section temptins to introduce

' liquor without autho-

except the same shall have been prescribed as aforesaid, the keeper, rityi,,t, ,,,l8, kC.,

or any of his officers, or any constable, either alone, or with the Payapenalty.

assistance of any other person, is and are hereby authorized and

empowered immediately to apprehend and carry every such

offender before any Special Magistrate. or two Justices, who

shall and may without any written infbrmation exhibited for that

purpose, hear and determine such offence in a summary way, and if

by the oath of one credible witness, or otherwise, such person or

persons shall be convicted of such offence, he shall forfeit and pay

for every such offence a penalty of not less than Ten Pounds nor

more than Fifty Pounds: Provided always, that nothing herein-

before contained shall extend to or affect any keeper or deputy

keeper in respect to liquors brought illto any such building, and

residence within the said building, nor shall it be taken to extend to	be used and consumed by, such keeper or deputy keeper at his own kept there for the use and consumption of, and which shall in fact	the introduction of the ration of spirits issued for the use of the
guard stationed within such gaol, house of correction, penitentiary, or watchhouse as aforesaid.

46. On information upon oath by any credible person, that he upon information,

knows, or suspects and believes that liquors are illegally kept or ~,"f,"6$20,","~C~

disposed of in any such building, and shall set forth reasonable liquors.

grounds for such belief and suspicion, any Justice Inay personally

search for, and seize and detain, or by warrant authorize the Com-

missioner or other officer of police to search for, and seize and

detain, all such liquors as shall be found therein, and to bring the

same before any Special Magistrate or two Justices, and if i t shall

appear to him or them after due examination that such liquor~3 were

illegally taken or kept there for the purpose of being sold or dis-

posed of, then such Magistrate or Justices shall adjudge the said

liquors to be condemned, and the same shall be forthwith sold, and L- I ~ U O ~ S found to h

one- condemned md W,

33" VI[CTO&IB, No. 12;

Prison Aet.1869-70.

one-half of the net proceeds thereof paid to the use of Her Majesty, and the other half to the party informing, otherwise such liquors shall be restored to the owners thereof.

A copy of the laat

four eectiona to be 47. The keeper of every such buildkg shall cause the last three

hung up ineach g801,

preceding sections to be printed or fairly written and affixed to one

dta

of the most public parts of the inside of the said building, and

keep the same fair and legible under a penalty of Forty Shillings.

Recovery and rpplicn-

tion of the penalties,

48. All fines, forfeitues, and penalties imposed by this Act, or which shall be imposed by virtue of any rule to be made in pursu- ance thereof, shall, on conviction of the offender, be levied by distress and sale of the offendcr's goods and chattels by warrant, under the hand and seal of the Justice or Justices bcforc whom such conviction shall be had; and for want of sufficient distress, such offender shall be committed to gaol, with or without hard labor, for such term not exceeding three calendar month, as such Justice or Justices shall think proper; and all such fines, forfeitures, and penalties, thc appli- cation whereof is not hereinbefore particularly directed, shall bc paid to the Treasurer for the public uses of the said Province and support of the Government thereof.

&a.

Form of oonyicti~n*

49. The Justice or Justices before wlmm any person shall he con- victed of any offence against this Act may cause the conviction to be drawn up in the following form of words, or in any other form of wards t;o the same effect, which the case shall require, that is to say:

Be it remembered that on the day of

in the year of our Lord 18, A.B. is convicted before me, C.D., Justice of the Peace for the Province of South Australia, for that the said AB. did (specify the offence and

the time and place when and where the same was committed,

as the case shall be), and the said A.R. is for his said offcncc	adjudged by me, the said Justice, to forfeit and pay the sum
of pounds, or to be inlprisoned in
for the space of (with or without hard
labor, as the case may be).

Given under my hand and seal the day and year first above

written.

In the name and on behalf of the Queen I hereby assent to

this Act.

JAMES FERGUSSON, Governor.

- -. 33" VICTORIB, No, 12.

Prison Act .1169-70.

SCHEDULES REFERRED TO.

FIRST SCHEDULE.

List of Acts repealed.

Date. Title of Act. Extent of Repeal.

A---

No. 4, 6 Vict. An Act for the regulation of Gaols, Prisons, and Housea of The whole Act.

Correction in South Australia

No. 11, 1844. An Ordinance to provide for tho employment and Instruction The whole Act.

of Aboriginal Priaoners.

No. 3 of 1854 An Act to repeal An Act to provide for the Commutation The whole doE.

of Sentences of Transportation, and to substitute Impri- sonment with hard labor as a punishment in lieu of Transportation, and for the employment of Prisoners sentcnced to hard labor," and to substitute other pro- visions in lieu thereof.

An Act to provide for the punishment, custody, and employ- The whole Act,

ment of Prisonera sentenced to hard labor and penal aer-	except Seo. 4.
vitude.

SECOND SCHEDULE.

Lepal character of.

Yatala-Labor Prison Penal establishment for male Prisoners only, sentenced to imprisonment

with hard labor for periods over six months.

A delaide	Gaol and House of Conection, also Prison for Debtors.
Redruth	Gaol and House of Correction, also Prison for Debtors.

Mount Gambier Gaol and Houso of Correction, also Prison for Debtors.

RralIaroo Gaol and House of Correction, also Prison for Debtors.

Port Augueta Gaol and House of Corrcction, also Prison for Debtors.

Robe Gaol and House of Correction, also Prison for Debtors.

Port Lincoln	Gaol and House of Correction, aleo Prison for Debtors.
THIRD SCHEDULE.

Labor Prison Regulations.

GUPEBINTENDENT.

1. It is the dutv of the Su~erintendent to enforce the whole of the reaulatione.

H e is responsible'to the ~om&roller for the discipline, management, and eah custody

of the prisoners. The Superintendent shall, within one month after his appoint- ment, give the security of a Guarantee Society for 2500, under the regulations existing in the Service, for all moneys, goods. materials, and other property entrusted to hia care.

2. The Comptroller ehall, with the approbation of the Chief Secretary, appoint an officer of the prison to act as Deputy-Superintendent whenever the Superintendent ehall be necessarily absent from the prison; and during such necessary absence of the Superintend-nt, the Deputy-Superintendent shall have all the power and duties of the Superintendent of the prison. Before leaving the prison the Superintendent ahall personally give over the charge of the prison to the Ileputy-Superintendent.

3. He

33" VICTORI;E, No. 12.

Prison Act.-1869-70.

3. H e s l~a l l be supplied with copies of all Acts of Parlianicnt in forcc which relate

to any part of his duties, or to the management of the prisoners, or the treatment of prisoners, and with a copy of the rules in force in the prison. H e shall acquaint himself with such Acts of Parliament and with the prison rules, and shall strictly adhere to them himself and enforce the due obscrvance of them upon others. H e shall observe the conduct of his subordinate officers, and enforce on each of them the due execution of their duties as laid down by the rules, restricting then entirely to the performance of their public duties, rind not permitting any of them to be employed in any other capacity either for himself or for any other officer of the prison.

4. HE shall reside in the prison, and he shall not bc absent from i t for a night, or after the time fixed for locking the outside gates, without ~ermissiun, in writing, from the Comptroller, and his leave of absence, with the date and time for which granted, shall be cntered in his journal; but if necessarily absent without leave for

a night he shull state the fact, and causo of it, in his journal.

5. H e shall not permit any person to sleep in the apartments of any other officer

in the prison without permission from the Comptroller; nor shall he permit any

servant of an officer, nor any person (not an officer of the prison) to have any inter-

course or commucion with a prisoner, except as permitted by the prison rules.

6. H e shall exercise his authority with firmness, temper, and humanity; abstain from 811 irritating language, and not strike a prisoner, except in self defence.	He
shall enforce similar conduct on the subordinate officers.

He shall enter in a book, to be called c c The Superintendent's Order Book," all his orders relating to the discipline of the prison.

7.

8. He shall, in case of misconduct, have power to suspend any subordinate officer;

but shall report the particulars without delay to the Comptroller.

9. H e shall attend Divine Service ir, the prison chapel whenever it is performed, unless engaged in some d ~ t y, inserting in his journal the omission and the cause

thcreof. He shall sec that thc hubordinate officers and prisoners attend, unless pre- vented by illness, or excused by leave of absence, or by prison regulation.

10. H e shall kecp a journal for recording all occurrences of importance within the prison, particularly such as relate to the health, discipline, or employment of the prisoners, or to the infringement (from whatever cause) of any of the prieon rules.

He shall also record therein all punishments inflicted, the day when such punish-

ments shall have taken place, and the cause thereof. His journal shall be laid

before the Comptroller on his visits to the prison.

11. H e shall direct that each officer in charge of a dcpartment or ward of the

prison shall daily report to him, in writing, the condition of his department or ward or of the working gang assigned to his charge. I n all cases of ernerEency, however, the officer shall report verbally without delay, subsequently making an cntry in hir~

report book.

12. He shall visit and inspect eveyy ward, cell, yard, working gangs in thc quarries,

and division of the prison, and see every prisoner once at kas t in every twenty-four

journal how far he has omitted them, and the cause thereof. H e shall, a t least once	hours; and, in default of such daily visits and inspcction, he shall state in his
during the meek, go through the prison a t an uncertain hour of the night, which visit, with the hour, and the state of the prison at the time, he shall record in his journal.
13. H e shall at all reasonable times be ready to receive any complaint or applica- cation of a prisoner.
14. He shall take every precaution necessary for preventing escape, and give orders for the daily exanlination of the cells, bars, bolts, locks, &c. H e shall also adopt
proper precautions a ~ a i n s t fire.

15. I i e shall direct that the prison be locked a t nine o'clock each night, and that

the keys shall, at or before the hour of half-psst nine, be delivered to him by the principal officer on duty, who shall then report to him whether the officers mbo sleep in the prison were all present at nine u'cluclr and the regulations of the prison com- plied with. H e shall keep the keys from the hour of half-past nine at night till the hour of unlocking in the morning, and shall suffer no ingress or egress between those hours, except in such special cases as may, from time to time, be sanctioned in writing by the Comptroller, and except in any cases of emergency which may arise, and which must be entered in his journal.

16. H e shalI direct that all prisoners, on admission, be placed in a reception ceI1, that they be strictly searched, and all knives, or other shtrrp instruments, or dangerous weapons, or articles calculated to facilitate escape, be taken from them, but in no

case sball any prisoner be searched in the presence of any other prisoner.

17. H e

33" VICTORIB, No. 12.

Prison Act.-1869-70.

17. H e or some other officer shall, as soon au possible after the admission of a prisoner, note down in the prison register the prisoner's name, age, beight, fea- tures, &c.; h e shall take charge of, and enter, or cause to be entered in the pri- soner's property book, an inventory of all money, clothes, and other effects which the prisoner may have on his admission; he shall take charge of them for safe custody only, and for the purpose of being restored as directed by the Comptroller.

18. H e shall cause copies of such of the rules as relate to the treatment and conduct

of prisoners (printed in legible characters) to be fixed up in conspicuous parts of the

prison, so that every prisoner may have access thereto.

19. H e shall strictly enforce order and silence, and shall prohibit all damage to gaol property, exchange of food, and other dealing among the prisoners; he shall also enforce a high degree of cleanliness i n the prison, as well as respects every part of the building and yards, as the persons of the prisoners, their clothes and bedding, and everjthing in use.

20. H e shall direct that every prisoner uash himself thoroughly at least once every

day, and his feet at least once each week;	and he shall see that there is a sufficient
supply of soap, towels, and combs.

21. He shall direct that the hair of prisoners be close cut once a month, except i n the case of prisoners whose sentences are about to expire.	He shall see that the
prisoners be shaved a t least twice a week.

22. H e shall carry into effect the written directions of the medical officer for separating prisoners laboring under infectious or contagious complaints, or suspected thereof; ancl for cleansing, disinfcctinp, and limewashing any apartments occupied

bp such prisoners, and for washing, disinfecting, fumigating, or destroying any foul

or suspected apparel or bedding.

23. H e shall direct that all prisoners be supplied with a complete prison dress, viz.:-Two cotton shirts, one pair of trousers, one blue serge shirt, one pair boots, one hat or cap, one rug, and two blankets, the whole of which are to be marked and numbered with the prisoner's number, and thc Government brand, the broad arrow, and letter G. No prisoner will be allowed to wear any private clothing whatever except underclothing, by order of the medical officer-the same to be marked as

above. Each pair of trousers and boots and each cotton shirt must last six months;

each serge shirt and hat or cap twclve months.

24. H e shall direct that the bedclothes be frequently aired, and that, when the weather permits, this be done in the open air.

25. He shall direct and be responsible for the correct issue of stores, and the dis- tribution of food according to the prescribed scales of diet, and shall attend, or take care that thc principal officer attends, at each distribution of food to the prisoners;

and he shall cause any article of food to be weighed or measurcd, if so required by a prisoner. H e mill enforce a strict adherence to contract in all supplies received for the service of the Labor Prison.

26. H e shall carry into effect the written directions of the medical officer for the supply of any additional articles which the medical officer may deem necessary in any

particular case, and he shall report the same, in writing, to the Comptroller.

27. H e shall see that thermometers arc placed in differents parts of the prison, and that a daily record is kept of the degree of temperature.

28. H e shall, without delay, call the attention of the medical officer t o any prisoner whose state of mind or body appears to require his attention, and shall cause a strict wntch to be kept on such prisoner; and if it appear that the mind or body of any prisoner is injuriously affected by the discipline or treatment, he shall make such change therein as he may think necessary, and report the same, in writing, to the Comptroller for directions thereon, entering such report in his journal.

29. He shall scc that all insane prisoners are removed from the prison as speedily as the law will allow.

30. H e shall carry into effect the written directions of the medical officer respecting alterations of the discipline or treatment of any prisoner whose mind or body appears to the medical officer injuriously affected by prison discipline, and he shall report the same, in writing, to the Comptroller.

31. H e shall notify to the medical officer without delay the illness of any prisoner, and shall deliver to him daily a list of such prisoners as complain of illness, or are removed to the infirmary, or are confined to their cells by illness; he shall deliver to t h e medical officer lists of such prisoners as are placed i n solitary or separate confine- ment, and of those under punishment.

32. Upon the death of a prisoner he shall give immediate notice to the Comptroller, to a Coroner, and, when practicable, t o the nearest relative of the deceased. He shall

see

33" VICTORIB, No. 12.

Prison Act.-1 869-70,

see that no officer of the prison or prisoner is a juror on any inquest which may be

held on the body of any prisoner who shall have died in the prison.

33. No punishments or privations of any kind shall be awarded except by the Comptroller or a Visiting Justice. The Superintendent shall have power to place refractory prisoners in separate confinement until the next visit of the Comptroller, and in the absence of the Comptroller shall report to a Visiting Justice at his first subsequent visit.

34. Prisoners convicted of offences against the person, and offences against pro- perty, with violence, malicious offences against property, and prisoners sentenced to periods of over four years, or a second time convicted at the Supreme Court, shall be liable, a t the discretion of the Comptroller or Visiting Justice, to serve any portion of the sentence passed upon them in irons. Handcuffs or any other description of irons shall not be put on any other class of prisoners, except in cases of absolute necessity, full particulars of which the Superintendent shall enter in his journal. H e shall not continue handcuffs or any other irons on such last-mentioned prisoners longer than twenty-four hours without an order in writing from the Comptroller, specifying the cause thereof and the time during which the prisoner is to be ironed.

35. He shall keep a " Misconduct Book," in which shall be entered any case of misconduct which is reported, or which is followed by punishment, together with the date, tile name of the prisoner, the offence, and the punishment awarded. 'Fhe Cumptraller hall, once in each quarter, forward to the Chief Secretary a report of the prison, and of any punishments or insubordination which have happened during that time.

36, R e shall attend all corporal punishments inflicted within the prison, and he

shall enter in his journal the hour at which the punishment is inflicted, the number

of lashes, and any orders which the Medical Officer may have given on the occasion.

37. All prisoners whose terms of imprisonment expire on a Sunday, are to be dis-

charged on the Saturday next preceding.

38. Employment in the necessary services of the prison may, in the case of a

limited number of prisoners, to be recommended by the Superintendent and approved

by the Comptroller, as a reward for industry and good behaviour, be deemed to be

hard labor, to entitle silch prisoners to credit time.

39. When any prisoner is discharged from prison, the Comptroller may order a sum of money not excaeding two pounds, to be paid to him, out of any moneys un- der his control, and applicable to the payment of the expenses of the prison; or in lieu of the above, when a prisoner is discharged from prison, the Comptroller may provide such prisoner out of any moneys under his control, and applicable to the pay- ment of the expenses of the prison, with the means of returning to his home, by causing his fare to be paid by rail or coach, or in any other convenient manner.

40. On the discharge of a prisoner his own clothes shall be returned to him, unless it has been found necesfiary to destroy them, in which case he shall be provided with

clothina.

41. Prisoners shall be allowed to see their relations or friends once in two months, on Wednesdays, between the hours of one and two o'clock, or on Saturdays, after four o'clock in the afternoon until five, All visits to be made in the presence of an officer. The prisoner and visitor to be separated by s division or barrier. In case of sickness or other special circumstances, however, he shall allow prisoners to see their relationa and friends; such special circumstances to be entered in his journal,

42. H e shall allow prisoners to send and receive one letter in the course of every two months, and shall inspect every letter; and, in every case, where he shall deem it necessary to withhold a letter either to or from a prisoner, he shall record the fact in his journal, and shall, without delay, lay such letter before the Comptroller for hu decision; and any letter which the Comptroller may consider improper to be sent h a l l be forwarded at once to the Chief Secretary. Any guard or other officer con- veying letters to or from prisoners in violation of this rule will subject themselves to immediate dismissal, and loss of all ealary due.

43. Every prisoner will be compellcd to brcak one cubic yard of hard metal to a

two and a-half inch gauge as the standard day'@ work. Any work beyond this will enable a prisoner to earn by industry and good conduct an abridgment of part of his puni~hrnent, The amount of punishment to be remitted will be regulated by allow- ing one day's remission for every six marks earned by the prisoner. A prisoner will be allowed to earn daily one, two, or three marks, by a greater or less degree of in- dustry. Three marks wil l be the greatest number that can be earned in a day's work, and will be allowed for breaking an additional half-yard of hard metal; and for less quantity than half-a-yard, a proportionate smaller number of ma~ka. The same task

will

..-. 33" VICTORIX, No. 12.

P~ison Act.-1869-70.

will be exacted and remission allowed for other labor of equivalent value. Marlrs earned by industry will be liable to forfeiture by fines for misconduct. Acredit time book to be kept, and read -over to the prisoners once a week.

44. The Superintendent shall keep an inventory of all the furniture and moveable property belonging to the prison. He shall also keep a catalogue of all books and

printed papers allowed to be brought into the prison.

45. He shall examine all bills for supplies for the prison and certify as to their correctrms previous to submitting the same to the Comptroller.

46. H e shall duly kecp and make the proper entries in the eeveral books, journals,

and accounts required of him.

47. He shall keep all official letters addressed to him, and shall keep a <' Letter Book" in which shall be entered copies of all official letters written by him or under his direction.

48. He shall be responsible for the safe custody of the journals, registers, account books, and all other documents confided to his care, and eee that they are preserved un- mutilated and unaltered; and shall, when required, produce such books and docu- ments for inspection.

49. He shall frequently inspect the provisions furnished for the prisoners; and,in case any complaint shall be made to him respecting the quantity or quality of any article delivered for the use of the prison, hc shall survey the same if he sees fit, with the aid of the Surgeon, or such other person or persons as he may think proper to call in for the purpose of assisting his judgment, and shall give such directions as may appear to him, upon such survey, to be necessary, entering the complaint and proceed- ings therein in his journal.

MEDICAL OFFICER.

1. The Medical Officer shall make himself thoroughly acquainted with the regula-

tions of the prison and its various details,

2. H e shall visit the prison daily, and oftener, if necessary; and thrice each week he shall see every prisoner confined therein.

3. He shall keep a journal in which he shall enter the date of every visit, with any obscrvations which may occur to him in the performance of his duty.

4. He shall examine every prisoner on being b r ~ u g h t to the prison, and he shall

record the prisoner's name, age, state of health on admission, and m y discase of importance to which he may have been subject. He shall also record the state of his health on discharge.

5. He shall on each visit see such of the prisoners as are sick or complain of illness, and, when necessary, shall direct them to be removed to the infirmary; and he shall report to the Superintendent any case that may arise forvarying the diet or treatment of prisoners not removed to the infirmary.

6. He shall on each visit see the prisoners in separate or solitary confinement, or in close confinement for prison offences.

7. H e shall occasionally inspect evcry part of the prison, and shall enter in hia journal the result of each inspection, recording any want of cleanliness, drainage, warmth, or ventilation, any bad quality of the provisions, any insufficiency of clothing or bedding, or any other cause which may affect thc health of the prisoners, He shall frequently examine the state of the thermometers and the daily record of the degree of temperature. He shall also ascertain that the water is pure and wholesome, and that there is an abundant supply.

8. He shall enter, in the English language, in a register to be kept in the prison, an account of the state of every sick prisoner, the name of his disease, a description of the medicines and diet, and any other treatment which he may order for such prisoner. No medicines shall be issued except by thc immediate direction of the medical officer in each particular case.

9. His attention sllall be directed to the scale of diet on which each prisoner is

placed, and he shall have a discretionary power to increase or diminish the quantity of food with reference to the constitution and state of health of the particular prisoner; and he shall have the same discretionary power with reference to the diet of pisopere in youth and old age. He shall also see that no prisoner under punishment irr sub- jected to such a reduction of diet as can tend to the injury of healtb.

10. He shall direct the supply of flannel in cases in which he may consider it desirable, and the supply of such other articles to prisoners in general as he may deem necessary in particular cases.

11. H e shall direct that every prisoner take daily as much exercise in the open air as he may deem necessary for health.

12. He

B

33" VICTORIE, Na. 12.

Prison Act.--1869-70.

12. H e shall give directions in writing for separating prisoners having infectious complaints, or being suspectcd thereof; for cleansing, disinfecting, and whitewashing any apartments occupied by such prisoners, and for washing, disinfecticg, or destroying any infected apparel or bedding.

13. Whenever he shall have reason to believe that either the mind or body of a prisoner is likely to be injuriously affected by the discipline or treatment, he shall report the case in writing to the Comptroller, together with such directions as he may think proper.

14. H e shall, in any case of danger or difficulty which appears to him to require it, call in additional medical assishnce, and no capital operation shall be performed without a previous consultation being held with another medical practitioner, except under very urgent circumstances, not admitting of delay-such circunlstances to be recorded in his journal.

15. No prisoner shall be discharpcd from prison if labouring under any acute or

dangerous distemper, nor until, in the opinion of the medical officer, such discharge

is safe, unless such prisoner shall require to be discharged.

16. H e shall attend a l l corporal punishments within the prison, and shall give such ordcrs for preventing injury to heplth as he may deem necessary.

17. He stall, after the death of any prisoner, insert in his journal, and deliver to the Comptroller a wiitten report containing the following particulars, viz.-at what time the deceased was taken ill; when the fact was first communicated to him; when the complaint assumed a dangerous character; when the prisoner died; an account of the appearance after death (in cases wherc an anatomicd examination was made); his opinion before the Coroner, and the verdict of the jury.

18. H e shall professionally attend all thc officers within the prison when they are unwell, and shall report thc nature of their illness to the Comptroller.

19, I n cases of sickness, necessary cngagement, or leave of absence, he shall

appoint a substitute, to be approvcd by the Chief Secretary.

20. Hc shall, once a year, dclivcr to the Comptroller a report,in writing, specifying, with reference to the past year, the p n e r a l state of health of the prisoners, the dis- orders which have been most prevalent, whether any connexion may be traced between the diseases which have occurred and the locality or state of the building, or the dict, employment, or other circumstsnccs; also the number of deaths, any case of insanity, the number of infirmary cases, the number of prisoners placed on extra diet, and the proportion of sick to the average number of prisoners during the year, which shall be immediately forwarded by the Comptroller t o the Chief Secretary.

GENERAL INSTRUCTIONS.

1. All officers will be held responsible for being fully acquainted with the rules zind orders relating to their respective duties. They shall assist the Superintendent

and each other in maintaining order and discipline among the prisoners.

2. I t is the duty of all officers to treat the prisoners with kindness and humanity, and to listen patiently to and report their complaints and grievances, being firm a t the same time in maintaining order and discipline, and enforcing complete observance of the rules and regulations of the prison.

3. No officer shall strike a prisoner except compelled to do so in self defence, or in case of attempted escape, or violence on the part of such prisoner towards any other person.

4. The officers shall carefully observe the character, habits, and industry of the

prisoners under their charge; and i t being of the utn~ost importance that the Comp- troller and Superintendent should be fully informed on these points, the several officers shall carefully and impartially keep up such records as may be ordered, and shall consider i t to be their duty to afford a t all times unreserved information on euch subjects.

5. No subordinate officer shall, on any pretence, fail to make an immediate report to his superior officer of any misconduct or breach of the prison regulations.

6. No subordinate officer shall take upon himself to punish any prisoner. The

subordinate officers are strictly forbidden to entertain applications without the prison

gateslfrom the friends or relations of prisoners.

7. The prisoners, when in association, shall be placed under the control and superintendence of officers whose duty it shall be to enforce silence in all cases. They shall carefully watch the prisoners in their various movements and employ- m e n t ~, and use the u t m o ~ t alacrity and vigilance, not only to prevent escape, but to

enforce strict di~cipiine	and subordination, and complete observance of the regulations
of the prison.

8. No

33" VICTORTX, No. 12.

Prison Act.-1 869-70.

8. No subordinate officer of the prison shall unnecessarily converse with a prisoner,

nor allow any familiarity on the part of prisoners towards himself or any other officer

of the prison.

9. On proceeding with prisoners to their labor, the officer in charge of each party will count the number of prisoners therein as they are told off, and repeat the number aloud to the chief guard or other appointed officer, after which the officer in charge shall be held responsible for the eafe custody and regular conduct of their prisoners whilst a t work, and especially that they do not straggle or hold communi- cation with unauthorized persons, or in any way get possession of prohibited articles. Officers shall also see that the prisoners on their return to the prison have no improper articles in their possession.

10. All officers must maintain the strictest sobriety, and abstain from improper language.

11. All officers. when off clutv. are strictlv forbidden to enter into conversation referring to the discipline and regulations of the prison, particularly with strangers; and when on duty they are to avoid as much as possible speaking about their duties or the regulations of the prison in the hearing of the prisoners. ,

12. All officers of the prison shall punctually attend Divine Service, unless on duty or excused by the Superintendent or superior authority.

13. The officers of the prison shall a t all times treat their superiors with proper

respect.

14. All officers shall pay strict attention to cleanliness of person and dress, and shall a t all times, within the prison, wear the uniform.

15. Subordinate ~fficers shall confine themselves, while within the walls, to their

respectfive departments, unless otherwise ordered by a superior officer, or required

to do so in the performance of any duty.

16. No officer of the prison shall have any pecuniary or other dealing whatsoever

with any prisoner, or employ any prisoner, on his private account, or in any way not

in conformity with the established rules of the prison,

17. No officer of the prison shall, directly or indirectly, have any intarest in any contract or agreement for the supply of the prison, nor shall receive, directly or indirectly, under any pretence whatsoever, any fee, gratuity, or present from any person whatsoever.

18. No subordinate officer shall use tobacco or spirituous liquors within the prison walls, except under such restrictions as to time and place as may be laid down by the Superintendent.

19. The subordinate officers shall take their meals at such times as the Superin- tendent shall direct.

20. All disputes about points of duty between the officers are strictly prohibited. Any question of this kind must be referred a t a convenient time for the decieion of the Superintendent; and all complaints by one subordinate officer against another must be forthwith made, in writing, through the chief warder to the Superintendent for his decision; such reports and his decision thereon being entered i n the Generd Report Rook," to be kept for the information of the Comptroller.

21. Subordinate officers will be deemed for the first month on probation, and those whose services are discontinued (except such as are temporarily engaged, or who h a ~ e not completed their probation, or are a t weekly wages, or shall be dismissed for misconduct) shall be entitled to a month's pay or a month's notice. Officers, whose probation is not completed, are entitled only to a week's notice or a week's pay.

22. Any subordinate officer disabled from the regular performance of duty by sickness must give or send immediate notice to the Superintendent and to the medical officer. The Superintendent shall have power to grant sick leave, upon the report of the medical ofticer, for any time not exceeding one week, but if at the end of that period the officer has not resumed his duts, his case shall be laid before the Comptroller, who may, if h e think fit, place him under such stoppages of pay as he may deem necessary.

23. Subordinate officers (except those on temporary employment, or on probation) leaving witllout a month's previous notice, in writing, shall forfeit all wages due, unless the Comptrcller shall otherwise direct.

24. No officer shall on any account enter a prisoner's cell a t night, unless accom- panied by another officer, and then only in case of the prisoner's sickneae, or other emergency.

Any prisoner leaving his allotted place whilst a t work, or making the slightest movement, a t any time, indicative of an attempt t o escape,

or to commit a n assauIt

on

25.

8 3 O VICTORIAE, No. 12.

Prison Act.-1 869-70.

on any officer, or any other prisoner or person, with any instrument, or any other weapon, will render himself liable to be shot by the Guard, or other person in whose charge he may be. And each prisoner is hereby cautioned, that if he infringes this rule, he does so at his own risk and peril.

26. Guards, when on duty, cot to allow any prisoner to approach nearer than ten

paces to them; nor to permit any prisoner to go beyond the prescribed limits, without

the Overseer's order.

2'1. On any prisoner passing, or attempting to pass, the prescribed bounds, it is the duty of the officer to challenge him, by calling aloud," Stand, prisoner," with the

prisoner's name or number. On this challecge being repeated twice, and the prisoner neglecting or refusing to stand, then it shall be lawful for the officer to w e his weapons; and, i n case of inability to prevent escape by other means, to fire on the prisoner, to prevent his escape.

28. On the escape of any prisoner, the officer shalZJire (immediately reloading) hill piece, to give an alarm; but on no account shall he leave the gang under his charge without the orders of an officer.

29. On an alarm being heard, the Military or other Guard in Barracks and every officer of the prison shall turn out fuliy armed, to await the orders of the officer in charge. Officers are justified in using their arms to prevent prisoners from assault-

ing each other, any officer, or other person.

Minor Ofinces.

30. It is by the most exemplary conduct alone that prisoners will be allowed the

slightest indulgence. Any irregularity, disobedience of orders, want of cleanliness, insolence, idleness, refusal to work, making use of indecent, abusive, or improper language; damaging, defacing, or destroying Government property, or other mis- conduct, will not only subject a prisoner to immediate punishment, but may issue in the lossl of the whole of any credit time he may have previoudy earned.

Hours of Labor.

31. I n summer, from 6 a.m. to 6 p m. ; one hoar's cessation for breakfast, and one hour for dinner. I n ivititer, from 7 a.m. to 5 p m., with half-hour for breakfast, and

one hour for dinner. Fifteen minutes allowed for smoking during the morning and

afternoon, and at no other time whatever during wrrk hours.

32. Prisoners are invariably to be called and made to rise at daylight, and to be locked up before dark. The bell for silence to be rung at nine o'clock p m. in sum-

mer, and eight o'clock p.m. in winter.

Ration Scale.

33. Itation scale-

No. 1. Full Ration, per man daily-Bread, llb. 802s.; meat, l lb. ; potatoes or other

vegetables, 1lb.-bread, in lieu thereof, 802. ; tea, $oz.; sugar, Zozs.; salt, 403.; rice, 202s.; soap, 102.; together with tobacco, ioz., to those earning credit only, or

for special good behaviour in those to whom credit may not apply.

No. 1 Ration is allowed only to such prisoners as perform the required amount of labor, unless

ordered by the Medical Oflioer.

No. 2. Solitary Ration-Bread, 131bs.

No. 3. Sick and Light Labor Ration-Bread, 12ozs.; meat, 802s.; potatoes or

other vegetables, 8ozs.-bread in lieu thereof, 402s; tea, 302.; sugar, 2 0 ~ s ~ ; rice,

2ozs,; salt, *oz.; soap, $oz.

VISITING JUSTICES.

1. Personal correction shall be flogging with a cat-o-nine tails, to an extent not

exceeding, i n m y case, 150 lashea.

2, S o personal correction shall be inflicted, except in the presence of the Medical

Officer and a Visiting Justice; and the Vitliting Justice awarding such correction is expected to attend.

FOURTH SCHEDULE.

Regulations f ~ r Government of Gaok.

GENERAL.

Clerrnline~l	of &ion.	1. The prison shall ba kept in a cleanly state, and the walls and ceilings of the wards,
3. 3" VICTORIB, No. 12.

Prison Ac t .1869-70.

wards, cells, rooms, and passages used by the prisonera throughout every prison shall either be painted with oil o r b s lime-washed, or partly painted and partly lime-washed. Where painted with oil, tl-lc painting shall be wasbed with hot water and soap once at least in every six months; where limc-washed, the limewashing shall bc renewed once at least in evety six months, Thc clay-roorns, work-rooms, passages, and sleeping-cells shall be washed or cleansed oncc a week, or oftcner, if rcquisitc.

2. ~ o t h i & shall be allowed to grow against the outer malls of the prison, nor any Trees, &C., not al-

rubbish or other articles to be Lid against them, nor sball any tools or imple- lowedagainstwalb*

ments of any kind likely to facilitate escape be left unnecessarily exposed.

3. Thermomctcrs shall bc placed in different parts of the prison. Temperatureofprison.

4. No person shall be parmitted to slcep in the apnrtmcnts of any subordinate Visitorsnot tosleep

officer of the prison without permission from Lhe gaolcr, such permission to be within prison.

reported to the Sheriff.

5. A report shall be made to the gaoler at nine o'cloclr each night whether the Hours of locking and

officers resident in the prison are all present, and no ingress or egress shall be allotved unlocking the prison*

into or out of the prison between the houis of nine o'clock at night and six o'cluck

,4

in thc morning except to the gaoier and his family, the surgeon, or in special cases,

which shall be entered in the journal of the gaoler.

ADMISSION AND DISCHARGE OF PRISOSERS.

6. Prisoners on admission shall be searched, and all dangerous tvcapns, articles Scaroh of prisonera

calculated to facilitate escape, and prohibited articles, shall bc taken from them. on admission.

7. No prisoner shall be searched in the p1ese:lce of any other prisoner.	when searehed.
Prisoner to be alone

8. All money or o t h ~ r effects brought into the prison by any prisoner, or sent to Effects retained bp

the prison for his use, which he is not allowed to retain, shall be placed in the @err.

custody of the gaolcr,mho fihall kecp an inventory of them in a separate book.

9. The name, age, height, weight, features, particular marks, and general ap- Register of certain

pearance of a criminal prisoner, shall, upon his aclmission, be noted in a record of particulars relating to

prisoners, to be kept by the gaoler. Every criminal prisoner shall also as soon prisoner.

as possible be examined by the surgeon, who shall cntcr in a book to bc kept by

the gaoler a record of the state of health of the prisoner, and any observations he may

deem it expedient to add.

10. All prisoners, p re~ ious to being removed to any other prison, or being dis- Removal and dis-

charged from prison, shall be e~aminecl by the surgeon, ancl no pr i son~r shall be charge of prisoners.

removed to any othcr prison ~ ~ n l e s s the surgeon certifies by an entry in the record, that the prisoncr is free from any illness that renders him unfit for removal; and no prisoner shall 'tic clischargcd from prison if laboring under any acute or dan-

such prisoncr require to be clischargecl. gerous distemper, nor until in the opinion of the surgeon fiuch discharge is safe,ucless +

11. Prisoners before trial shall be kept apart from convicted prisoncrs; debtors Separlrtion of

shall be kept apart from convicted prisoners; ju\coileu under the ape of eightccn prisoners.

years of age from adults; and, as far as shall be practicable, adult male felons from

n~isdemeanants.

12. Female prisoners shall be searched on admission by female officers. In other Female prisoners.

respects the same course shall be pursued in reference to the admission, removal, or

discharge of a female prisoner as in the case of a male prisoner.

FOOD, CLOTHING, AND BEDDING O F PRISOXERS.

13. Spirituous liquors shall not be admitted fur thc use of any of the prisoncrs in Spirituous liquore.

any priron under any pretence whatsoever, unlcss by a. written order of the mrgeon, specifying the quantity to be admittcd, and the name of the prisoncr for whose use i t is intendccl; but this regnlation shall not apply to any stock of spirituous liquors

kept in the prison for the use of the infirmary and under the control of the surgcon.

14. Any order by the surgeon for the admission of spirituous liquors shall be Order of surgeon aa

entered by him in his journal. to spirituous liquom

15. A debtor arrest,ed under any writ of capias ad satisfnciendum, or copias ad ~,bt,,

respondendurn, or analagous writ, shall be permitted to maintain himself and to pro- himeelf.

cure

T

56 33" VICTORIE, No, 12.

cure or rcceive at proper hours food, mine, malt liquor, clothing, bedding, or other ~ecessaries, but subject to exaniination, and to such rules as are approved by the Judges of the Supreme Court.

Debtor not to sell	16. No part of any food, wine, malt liquor, clothing, bedding, or other necessaries belonging to any debtor shall be sold to any other prisoner; and any debtor trans- gressing this regulation shall lose the privilege of receiving or purchasing any wine or malt liquor for such a time as the Sheriff may deem proper.
provisions.
Prison allowance to	17. Such debtor, if unable to provide himself with sufficient food, clothing, bedding, or other necessaries, shall rcceive the allowance of food, clothing, bedding, or other necessaries allowed to debtors unable to maintain themselves by the prison rules for the time being in force.
debtors.

Dress of cr:minal 18. Criminal prisoncrs before trial may, if they desire it, wear the prison dress;

prisoner before

and they shall be required to do so, if their awn clothes are insuficient or unfit for

use, or necessary to be preserved for the purposes of justice.

Prison allowance of 19. Every criminal prisoner shall be allowed a sufficient quantity c?f food, accord-

food for convicted ing to the scale established by the rules of the prison. Prisoners under the care

prisoner.	of the surgeon shall be allowed such diet as he may direct. Care shall be taken that all provisions supplied to the prisoners be of proper quality and weight. Scales and legal weights and measures shall be provided, open to the use of any prisoners, under such restrictions as may be made by the prison rules.
Prisoners restricted to	20. No criminal prisoner shall be allowed any wine, beer, or other fermented liquor, except under a mrittcn order from thc surgeon, to \Ic entered in his journal, specifiying the quantity and name of the prisoner for whose use it is intended; or shall receive any food, clothing, bedding, or necessaries other than the prison allow- ance, except under special circamstances, to be judged of by the Sheriff and Visiting Justices, and to be reported to the Chief Secretary.
prison allowances.

Dress of convicted 21. A convicted criminal prisoner shall be provided with a complete prison dress,

criminal. and shall be required to wear it.

Return of clothing to 22. On the discharge of n prisoner his own clothes shall be returncd to him,

discharged prisoner.

unless i t has been found necessary to destroy them, in which case he shall be pro-

vided with clothing.

Purification of 23. If necessary the clothes of a prisoner shall be purified before he is allowed

clothing of prisoner.	to wear them in the prison, or to take them on his discharge.
Rede.	24. Every male prisoner shall sleep in a cell by himself, or, under special circum- stsncca, in a separate bed placed i n a cell, containing not fcwer than two other male prisoners, and sufficient bedclothes shall be provided for every prisoner. A convicted criminal prisoner may be required to slcep on a plank bed without a mattrass during
such time as may be determined by tllc rules of the prison. Epileptic prisoners or

~risonerv laboring under diseases requiring assistance or supervision in the night, may, at any timc, notwithstanding this regulation, be placed by order of the surgeon with not fewer than two other male prisoners.
Bedding.	25. The bed clothes shall be aired, changed, and washed as often as may be con- sidered necessary.

PERSONAL CLEANLINESS.

*ereanal cleanliness 26. Prisoners shall be required to keep themselves clean and decent in their

of prisoners.	person, and to conform to such rules as Inay be laid down for that purpose.
27. The hair of a female prisoner shall not be cut without her consent, except on account of vermin or dirt or when the Surgeon deems it requisite, on the gound of health; and the hair of male criminal prisoners shall not be cut closer than may be necessary for purposes of health and cleanliness,
Hair cutting.

EMPLOYMENT OF PRISOSERS.

Prohibition of 28. No gaming shall be permitted in any prison, and the gaoler shall seize and

gaming. destroy all dice, cards, or other ini~trumcnts of gaming.

work andearnings of	29. Debtors may be permitted to work and follow their respective trades and professions, provided their employment does not interfere with the regulations of the prison; and such debtors as find their own implements, and are not maintained at the expense of the prison, shall be allowed to receive the whole of their earnings; but
debtors.

the

---- 33" VICTORIZ, No. 12.

Prison Act.-1869-70.

the earnings of such as are furnished with implements, or are maintained at the expense of the prison, shall be subject to a deduction, to be determined by the Sheriff, for the use of implements, and the cost of maintenance.

30. Criminal prisoners, before trial, shall have the option of employment, but Employment of eri-

shall not 5e compeiled to perform any hard labor,	mina1 prisoners before
trial. - - -. -.

31. On the acquittal of any crin~inal prisoner, or when no information is pre- Allownnce out of

sented against him, such an allowance, on account of his earnings if any, shall be earnings to acquitted

paid to such prisoner, on his discharge, as the Sheriff may think reasonable. prisoners.

32. KO prisoner shall be employed at hard labor on Sundays, Christmas Day, Days of exemption

Good Friday, and days appointed for public fasts or thanksgivings, or a s public from hard labor. holidays.

33. The surgeon shall, from time to time, eyamiue the prisoners sentenced to Examination by cur-

hard lahor, during the time of their being so employed, and shall enter in his journal g e m of prisoners a t

the name of any prisoner whose health he thinks will be endangered by a continuance hard 1d)ur.

of hard labor, and, thcrcupon, such prisoner sllnll not again be employed at hard

labor until the surgeon certifies that h e is fit for such employment.

34. Provision shall be made for the employment, of all convicted .criminal pri- Employment of pri-

soners not sentenced to hard labor. R d e s as to the am0un.t and nature of such soners not sentenced

employment shall be made, but no prisoner not sentenced to hard labor shall be to hard l a b a r m

punished for neglect of work, excepting by such dtcration in the scale of diet as may

be established by the rules of the prison in the case of neglect of work by such pri-

soners.

HEALTH OF YRISOUERS.

35. Debtors shall have the means of daily taki11g esercisc in the open air. Exercise of debtors.

36. Criminal prisoners. if employed at work in their own cells, shall be permitted to take such exercise in thc open air as the surgeon may deem necessary for their health.	of prisoners in sepa-
rate confincment.

37. The names of the prisoners who desire to see the surgeon, or appcar out of w h e n prisonera to be

health, shall be reported by the officcr attending them to the gaoler, and by him, reported to surgcon.

without delay, to the s u p o n,

38. A11 directions given by the snrgeon, in relation to any prisoner, with the ~~t~~ of directions

exception of orders for the supply of medicines, or directions in relation to such by surgeon.

matters as are carried into effect by the surgeon himself, or under his superintendence,

shall be entered day by day in his journal, ~ t h i c h shall have a separate cnlumn in

which entriw are to be made by the gaole,, stating, in respect of each direction, the

facts of its having been, or not having been, complied with, accompanied by such

observations, if any, the gaolor may think fit to rnalre, and the dale of the entry.

39. I n every prison an infirmary or proper place for the reception of sick prisoners Infirmaries.

shall be provided.

RELIGIOUS INSTRUCTION.

40. In every prison where there is no chapel a suitable room shall be set apart for the purposes of the chzlpel.	Rocm for use ae
chapel.

41. Officiating ministers of the several religious denominations, or accredited agent8 Religious services.

duly authorized in writing bp the recognized authority of their respective chulches, will bc allowed to attend any gaol to hold Divine Service, ancl to visit prisoners who may be members of their denominations, at suzh convenient times as may be approved of by the Sheriff. Each officiatine minister, or accredited agent, will be required to entcr the days and hours of his visit, and the number of prist3ners attending his minis- trations, in a journal to be kept for that purpose. ljebtors and ad other prisoners shall be required to attend Divine Service, unless prevented by illness or other reason- able cause.

42. No books or printed payers shall be admit bed into any ~ r i s o n for the use of Books and printed

the prisoners, except b j permission of the Visiting Jastkes. papers.

43. Any minister of religion attending any prison shall communicate to the gaoler Mini?ters to c m -

any abusc or impropriety i n the prison, which may come to his knowledge, and shall mumate abuses "

enter the same in the journal. gaoler.

INSTRTTCTION.

33" VICTORIX, No. 12.

Prison Act.1869-70.

INSTRUCTION.

Instruction of	44. Provision may be made in every prison for the instruct;on of prisoners in reading, writing and arithmetic during such hours and to such extent as to the Sheriff' may seem expedient, provided that such hours shall not be deducted from the hours prescribed for hard labor.
prisoners.

YlSITS TO AKD COMMUNICATIONS WITH PRISONERS,

Communicationwith	45. Duo provision shall be made for the admission, a t proper times and under propcr restrictions, of persons with whom prisoners before trial may desire to com- municate, care being taken, that so far as is consistent with the interests of justice, such prisoners shall sctl their legal ad~ i se r s alone; such rules also shall be made for the admission of t h e fricnds of convicted prisoners as may be deemed espedient, and imposing such restrictions upon the communication and co~respondrnce of prisoners with their friends as may be judged necessary for thc maintenance of good order and discipline of such prison.
prisoners.
46. The gaoler may demand the name and address of any visitor to a prisoner, and when he has m y ground for suspicion may search or cause to be searched male visitors, and may direct the matron or some other fetrialc officer to search female visitors, such search not to be made in the presence of any prisoner or of anothw

rower of	to
vieitore,

isi it or, and in case of any vieitor refusing to be searched, the gaoler may deny him

or her admission, the grounds of such proceeding with the particulars thereof to be

entered in his journal.

PRISON OFFENCES.

Generalregulation ne 4'7. No punishments or privations of any kind shall be awarded except by the

to punishments.

Sheriff or by a Visiting Justice.

Corporalpunishmenta,

48. All corporal punishments within the prisnn shall be attended by the gaoler and the surgeon. The surgeon shall give such orders for preventing injury to health as h e may deem necessary, and it shall be the duty of the gaoler to carry them into effect, and the gaoler shall enter in the Punishment Rook the h o w at nhich the punishment is inflicted, the number of lashes, and any orders which the surgeon may have given on the occasion.

PRISONERS UNDER SEXTENCE O F DEATH.

Prisoners under sen- 49. Every prisoner under warrant or ordcr for execution shall, immediat~ly on his

tence of death.	arrival in the prison after sentence,*be scarclled by or by the ordeis of the gaoler, and all articles shall be taken from him which the gnolcr deenls dangerous or inexpedier't to leave in his possession. He shall bc confined in a cell apart flom all other pri-
soners, and shall be placed by day and by night under the cons~ant charge of an
officer. He hall be allowed such a dietary and amount of exercise as the gaoler, with the approval of the Shesiff, may direct. A rninistcr of such religious persuasion
as that to which the prisoner belongs shall have free access to him, W ~ t h the above exception no person, not being a Visiting Justice or an officer of the prison, shall have access to the prismer, except in pursuance of an order from the Sheriff.

During the preparation for an execution, and the t h e of the execution, no person

shall enter the prison who is not legally entitled to do so, unless in pursuance of an

order in writing from the Sheriff.

PRISON OFFICERS.

Prison officers to be	50. Every prison officer, nhile acting as such, shall, by virtue of his appointment, and without being sworn in bcfore any Justice, be deemed to be a constable, and to have all such powers, authorities, protection, and privileges for the purpose of the execution of his duty au a prison o f h e r as any constable duly appointed has within his constablewick by common law, statutc, or custom.
constablee.

Officere not to sell or 51. NO officer of a prison shall sell, or let to, nor shall any person in trust for or

let to priaoners.	employed by him sell, or let to, or derive any benefit from the selling or letting of
any article to any priso~er.

Officers not to take 52. No officer of a prison shall at any time receive money, fee, or gratuity of any

gratuities.

kind for the admission of any visitors to the prison or to prisoners, or from or on

behalf of any prisoner, on any pretext whatever.

Femalee to be at-	53. Female prisoners ehall in all cases be attended by female officers.
tended by female

offlc8n. GAOLEB,

33" TmTORIZE, No. 12.

Prison	Act .1869-70.
GAOLER.

54. The gaoler shall reside in the prison. Residence of gaoler.

55. The gaoler shall strictly conform to the law relating to prisons, and to the Gaoler to conform to

Prison Regulations, and shall be responsible for the duo observance of them by laws

otheru. H e shall observe the conduct of the prison officers, and enforce on each of of prieon.

them the due exccutiun of his duties, and shall not permit any subordinate officer to be employed in any private capacity either for any other officer of the prison or for any prisoner.

56 The gaoler shall, in case of n,iscondnct, have power to suspend any subordinate May suspend subor-

officer, and shall report the particulars without delay to the Sheriff. dinate officers.

57. The gaoler shall, as far as practiczble, visit the whole of the prison, and see To inspect the prieon

every male prisoner, once at least in every twenty-four hours: and in default of such daily visits and inspections, he shall state in his journal how far he has omitted them, and the cause thereof. He shall a t least once daring the week go through the prison at an uncertain hour of the night, which visit, wi:h the hour, and state of the prison a t the timc, he shall record in his journal. Whcn visiting the females' prison he shall be attended by the matron, or sume other female officer.

58. The gaoler shall causc an Abstract, to bc approved by the Chief Secretary, of Topostup in cclln

of the prison dietaries (printed in legible characters) to be posted in each cell, and regulations.

the Regulations relating to the treatment and conduct of prisoners, with a copy abstract of c"tain

shall read, or cause the selrne to bc read, to evcry prisoner who cannot read, within

twenty-four hours after his admission.

59. The gaoler shall, without delay, call the attention of the surgeon to any Toreport toeurgeon

prisoner whose state of mind or body uppears to require nttentioh, and shall carry prisonersdisorderedin	into effecl the written directions of the surgeon respecting alterations of the discipline mind, &c.
or treatment of any such prisoner.

60, The gaoler shzll notify to the surgeon without delay, the illness of any pri- To notify to the sur-

soner, and shall dvlircr to him daily a l i ~ t of such prisonrrs au complain of illness, or geon prisoners rcquir-

are re rno~ed to the infirmary, or confined to their eells by illness, and he shall ing

daily deliver to the surgeon lists of such prisoners as are confined in punishment cells.

6 1. Upnn the death of a prisoner the gaoler shall give immediate notice thereof To give noticeof death

to the Special Magistrate or Jristice of the Pence nearest to the prison, and to the	prisoners-
Sheriff, as well a3 to the nearest relative of the deceased, where practicable.

62. The gaoler shall, without delay, report to the Sheriff, any case of insanity or TO report to Sheriff

apparent insanity occurring among the prisoners. insane prisoners.

63. The gaoler shall keep the following rccords and accounts :- To keep enumerated

I. A journal in which he shall record all such matters as hc is directed to acuountao

record therein by this Act, and all other occurrences of importance within

t,he prieon:

11. A record of all prisoners committed to his charge in such form as may be

directed by the Sheriff:

III. A punishment book for the entry of the punishments inflicted for prison

offences:

IV. A visitors' book for the entry of any observations made by visitors to the

p r i ~ o n :

v. A record of articles taken from prisoners:

VI, A record of the employment of prisoners sentenced to hard labor, and the

manner in which they have been so employed:

VII. A list of books and documents committed to his care:

w r r. An inventory of all the furniture and moveable property belonging to the

prison:

18;. A n account of all prison receipts and disbursements.

64. The gaoler shall be responsible for the safe custody of the journals, registers, books, commitments, and all other 2ocuments confided to his care.

Toboree~onsibl0'-for

safe custody of

documents.

65. The gaoler shall not be a b ~ e n t from :he prison for a night without permission, ~ 5 t to be absent rith-

in writing, from the Sheriff-and his leave of absence shall be entered i n his journal; out leave*

but

C U

33" VICTORIB, No. 12,

but if absent without leave, for a night, from unavoidable necessity, he shall state the

fact aud the causc of i t in his journal.

Power cf deputy	66. Where n depnty gaoler is appointed to a prison, he shall be legally competent to perform any duty required by law to be performed by the gaoler; and when the gaoler is a k n t from the prison the deplity ~ a o l e r shall perform all his duties. Where thew is no deputy eaoler, or in caqe of his scrvices not being awilable, b y reason of sickness or ot1lerwuna\cidahlc clime, the gaoler sh,tll, wLcn absent from :he prison on Icave, appoint, with the conscnt of the Sheriff, an officer of the p~ihon to act as his
gaoler.
subeti tut~ ; and during such al~sence t h e substitute so appointed shall have all the
Substitute of deputy	power8 and perform ;ill the dutics nf the gaoler. The clrputy gaoler when in charge
gaoler.
of the pr-son as gaoler shall, if absent from thc prison from any unaroidable cause, or unable frorn sickness to perform his duties, appoint a substitute with the sanction of the Sheriff.

nlATRox.

Generrl duties. 67. The matron s l~a l l reside in the prkon. She shall have the care and superin-

t end~nce of the whole female rlr1,artm~nt. The wa~rls, c r l l ~, and yards, where females are conGred, shall be secured by loclrs different from those securing the wards, cclls, and yards nllottcd tr, mule piisoners.

To inspect daily	88. The matron shall, as Tar as practicable, visit and inspect every part of the prison occupied by females, and see erery female prisoner occe, at least, in every twenty-four hours; and, in default of surh daily \isits nnd inspection, she bhall state in her journal how f'tr she h t s omittrd tllcrn, and thc musc thereof. She shall, a t least oncc during ~ b c woclr, go through Y U C I ~ at-t of the p~ison at a11 uncertain hour of the night; which visit, with the hour and state of such part of the pii>on at the time, shall be recorded in her journal.
female prison.
Not to be ahcnt	69. The matron shall not be absent from the prison for a night, without permis- sion in writmg from 11lc Sheriff, on the recornn~endstion of the gaoler, and her leave of absence shall be entt re 1 in her journal; but, if ,bscnt without leave for a night, fronr unavoidable nccesslty, she shall smtc the fact and the cause of it in her journal.
without leave.

To appoint deputy '10. The matron shall, with the consent of the gaoler, and with the approval of

when absent. the Sheriff, appoint a female officer of the p i son to act as deputy matron whenever he is absent on leave from the prison; and, during such a t s e n c ~, the deputy matron shall have all thc powers and dutics of the matron. Before leaving the prison the matron shall personally giv: over the charge of the part of the prison occupied by females to the deputy matron.

To keep journal. 71. The matron shall keep a journal, in which she shall record all occurrences of

irnport.ance ~ i t h i n her department, and punishments of female prisoners.

When tovisit prison. 72. The surgeon shall visit the prison at least three times in every week, and oftener if necessary, and shall see every prisoner in the course of the week. He shall

daily visit the prisoners, if any, confined in punishmcn~ cells; and he shall visit daily,

and oftener if necessary, such of the prisoners as arc sick, and, when necesuary, shall

direct any ,prisoner to be removed to the infirmary.

To make daily record 73. The surgeon shall enter in the English language, day by day, i n his journal,

respecting sick

to Lc kept i n the prison, an account of he state of every sick prisoner, the name of his

prisoners.

disease, a description of the medicines and diet, m d any other treatment which he

may order for such prisoner.

Occasionnlly to in-

74. The surgeon shall once at least in every month inspect every part of the prison, and enter in his jownal the result of ehch inspection, recording therein any

Vect Pdrt

prison, Lc. observations he may think fit to make on any want of cleanliness, drainage, warmth, or ventilation, any bad quality of the provisions, any insuffici~ncy of clothing or beeding, any deficiency in the quantity or defect in the quality of the water, or any other cause which may affect the health of the prisoners.

Toreportspecisloaaea. 75. Whenewr the surgeon has reason to believe that the mind of a prisoner is, or

is likely to Le seriously affected by the digcipline or treatment, he shall report the

case in writing, together with such directions as he may think proper; and he shall call the attencion of the chaplain to any prisoner who appears to require his special notice.

33O VICTORIE, No. 12.

Prison -Act.-1869-70.

76. The surgeon may, in any case of dar,jier or difficulty which appears to him to TG !all in additional

require i t, call in additional medical assistance; and no capital operation shall be medicd

performed withput a previous consultation being held with another medical practitioner,

except under circumstances not admitting of delay-such circumstances to be recorded

in his journal.

77. The surgeon shall forthwith, on the death of any prisoner, enter in his journal To make entries a8 to

the following particulars, viz. :--at what time the deceased was taken ill, when the death of prisoner.

illness iva* first communicated to the surgeon, the nature of the diwase, when the

prisoner died, and an account of the appeardnces after death (in cases where a post

mortena examination is made), together w i th any special remarks that appear to him

to be r5quired.

PRISON OFFICERS.

78. All officers of the prison shall obey the directions of the gaoler, subject to the Officerntoobey gaoler.

regulatior)~ of t h i s Act; and all subordinate officers shall perform such duties as may

be directed by the gaoler with the sanction of the Sheriff, and the d u t i e ~	of each
subordinate officer shall be inserted in a book to be kept by him.

79. Subordin~te officers shall not be absent from the prison without leave from the xot to be abaent

gaoler, and before absenting thcmselv~s,	they shall leave their keys, Instruclion Book, without leave.
and Report Book, in the gaoler's office.

80. Subordinate officers shall not be permitted to receive any visitors within the ~ o t to receive vidtor~

prison wi~horit permission of the gaoler. without leave.

81. All subordinate officere shall frequently examine the state of the cells, bedding,

locks, bolts, &C., and shall seize all prohibited articles, and deliver them to the

gaoler forthwith.

To examine cells, &c.

GENERAL REGULATION.

82. The abow regulations shall be carried into effect, as far as poesible, in every gaol. Where, however, the cumber of prisoners is small, and the prison ia used mainly as a house of detention, the above rules and regulations may be varied.

Adelaide ; Printed by authority, by W, G, Cox, Government Printer, Nortfi-terrace.