person or persons as a witness or witnesses, and the production of papers and writings before them; and any person who may have been duly summoned to attend and give evidence before the said Inspectors in pursuance of this Act, and shall refuse or wilfully neglect to appear in pursuance of such Summons, or to give evidence, shall, upon conviction thereof before one Justice of the Peace, not being one of the Inspectors, be liable to be fined in such sum, not exceeding Five Pounds, as to the Justice shall seem meet, and in default of payment thereof, together with the costs, a Warrant may be issued by such Justice to levy the same by distress and sale of the goods of the party offending, (the overplus if any to be returned to the owner,) and if no sufficient distress can be found, then the party convicted may be committed to the Common Gaol for any term not exceeding one month, unless payment be sooner made; Provided always, that the party so convicted shall have the same appeal as a party convicted under the law for the punishment of malicious injuries to property, and any witnesses who shall appear before the said Inspectors or either of them may be examined on oath, to be administered by either of the said Inspectors.

Thirdly. To require at any time reports in writing from the Warden, or any other Officer of the Penitentiary, in relation to any matter connected with his department of duty in the Prison.

XII. And be it enacted, for the better securing the efficient discharge of their several duties by the said Inspectors, that:

Firstly. The said Inspectors shall visit the said Penitentiary jointly as often as they see fit, but at least four times in each year, namely in February, May, August and November of each year, and shall devote not fewer than seven consecutive days at each such joint visit to a rigid inspection of the whole affairs, management and condition of the Institution; And in the event of the death or unavoidable absence of any one Inspector from any such quarterly visit and meeting of the Board, the Warden shall be invested with all the powers, and shall act as an Inspector at such meeting: Provided always, that the Warden shall not so act as Inspector at two consecutive meetings of the Board.

Secondly. One of the said Inspectors shall visit the said Penitentiary at least once in every month, and devote not fewer than two days to the inspection of its affairs; and, unless otherwise arranged between themselves, the said monthly visits shall be made by them alternately.

Thirdly. The said Inspectors shall keep regular Minutes of all their visits and proceedings, whether individual or joint. The proceedings at all joint visits shall be entered by the Clerk of the Penitentiary in a Book kept for that purpose, and the decisions recorded therein, when signed by the two Inspectors, shall be the formal action of the Board of Inspectors, and have full authority according to the provisions of this Act as such, and nothing which is not therein recorded shall have such authority; and to the said Minute Book the Warden shall have access at all times, and he shall keep himself acquainted with the contents thereof, and guide himself thereby : And the said Inspectors shall keep a Memorandum Book, in which each Inspector on his individual visits to the Prison shall enter any remarks on the state of the Prison, or on the conduct of any Officer, or any suggestions he may deem it advisable to make for the better conduct of the Institution.

Fourthly. The said Inspectors shall draw up a Code of Rules and Regulations for the government of the Prison, specifying clearly the duties of the Officers of the several grades; which Code shall be printed and placed within access of every Officer of the Institution. And there shall further be kept a Book of Record, in which the Inspectors at their joint meetings shall enter from time to time any amendments or additions they may see fit to make to such Rules and Regulations, and any instructions or admonitions they may find it necessary to communicate to the Warden, Chaplains, Physician, Deputy-Warden or Clerk of the Penitentiary, and which shall at all times be accessible to these Officers: and there shall further be kept a similar Book of Record for the guidance of the remaining Officers of the Prison; and all orders made by the Inspectors 229 *

in

Duties of the Inspect

ors in visiting the Penitentiary, &c.

Reports to be made by
Inspectors,

in such Books of Record, consistent with this Act and the Laws of the Province, shall be followed and obeyed by the Officers of the Prison; but no Rules or Regulations laid down by the Inspectors shall be held binding or valid unless entered therein.

Fifthly. The said Inspectors or either of them, at each monthly visit, shall examine the cash and credit transactions of the Penitentiary for the previous month, and administer the oath hereinafter provided to be taken by the Warden and Clerk to the correctness of each month's accounts, according to a Statement to be regularly furnished by the Warden and Clerk for that purpose.

Sixthly. The said Inspectors or either of them, at each monthly visit, shall inspect every cell in the Penitentiary once at least; and they shall do so jointly at each quarterly meeting.

Seventhly. The said Inspectors at their quarterly meetings, shall require from the Warden a Statement and Balance-sheet of the affairs of the Institution for the previous three months, and shall examine and certify the correctness of the Accounts, Vouchers and Balance-sheet.

Eighthly. The said Inspectors, at the November quarterly meeting of each year, shall appoint two well qualified persons to value the property, real and personal, of the Penitentiary, according to an inventory to be prepared and furnished to them by the Warden for that purpose; and the said valuators shall make oath to the fidelity of their said valuation, according to the best of their knowledge and belief, before any Justice of the Peace for the United Counties of Frontenac, Lennox and Addington; and the said inventory shall be made as at the Thirty-first December of every year, and be completed, with the valuations attached, by the Twenty-fifth day of January next succeeding the date to which it is made up.

Ninthly. The said Inspectors shall require from the Warden, Chaplains and Physician, and from any other Officer they may think fit to demand it of, an annual report of the transactions and progress of their several departments in the Prison during the past year, with such details and returns as the said Inspectors may deem necessary; which said reports shall be made up to the Thirty-first day of December of each year, and be in the possession of the Inspectors by the Twenty-fifth day of January following.

Tenthly. The said Inspectors shall make an annual report to the Governor General on or before the Tenth day of February in each year, giving a complete statement of the affairs of the Institution from the First day of January to the Thirty-first day of December of the year preceding; and the said annual report shall comprise : A. A copy of the Warden's report to the Inspectors.

B. Copies of the Chaplains' reports to the Inspectors.

C. Copy of the Physician's annual report.

D. A return of the names, ages, country, callings and crimes of the convicts received into the Penitentiary during the year, and the Township, Parish, County, City and District from which each came.

E. A return of the names, ages, callings and crimes of the convicts who died in the Penitentiary during the year, and the Township, Parish, County, City and District from which each came.

F. A similar return of the convicts who had the Royal pardon extended to them during the year.

G. A similar return of the convicts liberated during the year by the expiration of the term for which they were sentenced.

H. A tabular statement shewing the number of prisoners in the Penitentiary at the date to which the last previous annual report was made up, the number received during the year, the number discharged, the number then in confinement, and the average number in the Prison during the year; and the said statement shall further show these particulars separately as to the male and female prisoners, and as to the military prisoners distinguished from the civilians.

I. A statement of the contracts for convict labour entered into during the past year, shewing the nature, the terms and the duration thereof.

J.

J. A balance-sheet of the affairs of the Institution at the thirty-first day of December of the year reported upon, shewing the amount of cash received from the public Exchequer since the commencement of the Institution, the existing Assets of the Penitentiary, and the loss or gain accruing by its operations since the commencement. K. A cash balance for the past year, shewing the sum on hand on the thirty-first day of December, the cash received through the year in payment of old debts, the amount received from Government towards the support of the Prison, the amount received for convict labour, the amount received for the support of military prisoners, the amount received for articles manufactured in the Prison at the risk of the Government, and the amounts received on all other accounts during the year. The said balance-sheet shall also shew separately the sums paid for food, bedding, clothing and hospital stores for the convicts-for the salaries of the Officers-fuel and lightfor the erection of new buildings and repairs-for the support of the stable-and for all other items of expenditure; also the cash on hand at the close of the year.

L. A statement of all the debts due by the Institution, shewing the names of the parties to whom each sum is due; also shewing the debts due to the Institution, with the amounts and ground of each debt.

M. An abstract of the annual Inventory and valuation herein provided for, distinguishing the estimated value of the several descriptions of property.

N. An estimate of the receipts and expenditures for the current year, and of the amount of assistance likely to be required from the Provincial Exchequer.

O. A statement shewing in what manner the convicts were employed as at the thirtyfirst day of December of the year reported on, and the average number at each trade or

occupation during the year.

And the said annual report of the Inspectors shall make a reference to the remarkable Further particulars in features presented in these several documents; shall shew the progression or such Report. retrogression of the Institution in its several departments, and the probable causes thereof; and shall make special reference to the moral effects of the discipline upon the convicts, and the general success of the Institution, as regard its higher aims; and it shall be the duty of the said Inspectors to bring under the notice of the Governor General any facts which may have come under their notice in regard to the working of the criminal laws and the penal system of the Province, or any injustice or inequality, which their experience may have shewn to arise therefrom, with whatever suggestions for the amelioration of the same, or generally for the prevention of crime and the reformation of the criminal they may deem necessary and expedient.

XIII. And be it enacted, That besides the said Inspectors, the Officers of the said Provincial Penitentiary, shall consist of one Warden hereinbefore named, one Protestant Chaplain, one Roman Catholic Chaplain, one Physician, one Deputy-Warden, and one Clerk; all or any of whom shall be appointed by the Governor, and hold their offices during pleasure; And there shall also be the following Officers of the Penitentiary, viz: one School-master, one Store-keeper, one Clerk of the Kitchen, one Matron, one Assistant Matron, and the requisite number, as hereinafter provided for, of Overseers, Keepers and Guards; and the said School-master, Store-keeper, Clerk of the Kitchen, Matron, Assistant Matron and Overseers, shall be appointed by the Inspectors, and the Keepers and Guards by the Warden, with the consent in writing of either of the Inspectors; and any of the said Officers appointed by the Inspectors or by the Warden with the consent of an Inspector, shall be summarily removable by the Warden with the consent in writing of any one Inspector, or by the Board of Inspectors, without further charge than that of inefficiency in the discharge of their duty, in the opinion of the said Warden and an Inspector, or in that of the Board of Inspectors.

Officers of the Peni

tentiary how ap

pointed, &c.

XIV. And be it enacted, That the Board of Inspectors may for misconduct summarily Inpectors may suspend suspend any of the Officers appointed by the Governor, until the circumstances of the officers. case of which the Government shall be at once notified, are submitted and decided upon by the Governor, and the said Inspectors may, until then, cause any Officer so suspended to be removed beyond the walls of the prison: and in case of the suspension,

removal,

removal, death, or lengthened necessary absence or sickness of the Warden, the Inspectors or one of them shall act in his room, until a successor to the said Warden shall have been appointed, or until the return of the said Warden to duty; and for this purpose the said Inspectors, or the one acting, shall be and is hereby invested with full power in such event to exercise all the duties and powers of the Warden while so acting Warden may suspend in his room. And the Warden of the said Penitentiary shall be empowered summarily to suspend for misconduct the School-master, the Store-keeper, the Clerk of the Kitchen, the Matron, the Assistant Matron, and any Overseer, Keeper or Guard in the Penitentiary until he shall have made one of the Inspectors acquainted with the facts of such alleged misconduct, and obtained his advice and consent to act therein, or shall have submitted the matter to the Board of Inspectors.

certain sub-officers,

Warden to be the

Chief Executive Officer of the Peniten

XV. And be it enacted, That the Warden shall be the Chief Executive Officer of the said Penitentiary, and as such shall have the entire executive control and management tiary; his powers, &c. of all its concerns, subject to the rules, regulations and written instructions, from time to time duly made by the Board of Inspectors; and in all cases not provided for by such rules, regulations or written instructions, during the intermissions of the Board meetings, the said Warden shall act in such manner as he may deem most advisable; and the said Warden shall be held responsible for the faithful and efficient executive administration of every department of the Prison; and he, together with the two Inspectors, shall by virtue of their respective offices of Warden and Inspectors, without any property qualification, be the Justices of the Peace for each and every district, county and city in the Province of Canada; any law or statute to the contrary notwithstanding. And it shall be the duty of the Warden

His duties.

Firstly. To reside in the Penitentiary (keeping his household entirely isolated from the prisoners, and forbidding communication in any shape between them), and to visit every apartment in it, and see every prisoner under his care, at least once each day. Secondly. To have in charge the health, conduct and safe keeping of the Prisoners; to examine into and seek the success of the religious, moral and industrial appliances used for the reformation of the convicts; and to exercise over the whole establishment a close supervision and personal direction.

Thirdly. To designate the employment of each convict, having reference to the capacity and past pursuits and habits of such convict.

Fourthly. To see that justice, kindness and morality shall prevail in the administration of every department of the prison; that no gaming or profane or indecorous language shall be indulged in by any Officer or convict; that no unnecessary severity is practised; and that sick convicts have proper medical attendance, and are supplied with such food as may be directed by the Physician.

Fifthly. To give the necessary directions to the Officers under him, and to examine whether they have been careful and diligent in the discharge of their several duties. Sixthly. To make all purchases, sales and contracts, under the advice and instructions of the Board of Inspectors, and to superintend the industrial pursuits of the prison. Seventhly. To keep fully, faithfully, correctly and regularly all such books, records and accounts of the financial and other transactions of the prison as the Inspectors shall from time to time direct; and especially to keep therein a regular and correct account of all moneys received by him from any source whatever by virtue of his Office, including all moneys taken from convicts or received as the proceeds of property taken from them, and of all sums paid by him, and the persons to whom and the purposes for which the same were paid; also to make out monthly, and deliver to the Board of Inspectors at each monthly visit, a return of all moneys received by him on account of the Penitentiary during the preceding month, specifying from whom each sum was received, and to whom paid and on what account, and stating also the balance in his hands at the time of rendering such account; to which return an affidavit by the Warden and Clerk of the Penitentiary shall be appended and sworn to before the Inspector for that monthly visit, stating that the said Return is correct and true in every respect to the best of their knowledge and belief. Also to cause such accounts to be kept in the

workshops

workshops and other departments of labour as will shew where work is being done on account and at the risk of the public, the amount of materials consumed, and the quantity of work done by each convict; and when work is being done under Contractors, such accounts as will shew the amount of labour performed by each convict; the said accounts to be closed on a certain day of each week, for the purpose of ascertaining the industry of each convict, and detecting any negligence or misconduct therein.

Eighthly. To keep a daily Journal of the proceedings of the Prison, in which he shall enter all remarkable occurrences, noting therein especially any infraction of the Rules, or any negligence or misconduct on the part of any Officer of the Prison, as reported to him or coming within his own knowledge; any escape or attempt to escape made by any convict; any well founded complaint of bad or insufficient food, want of clothing, or cruel and unjust treatment made by any convict; and any difficulty he may find in carrying out the Rules of the Prison, or any alterations or additions to the same which may suggest themselves by daily experience. And the said Journal shall at all times be open to inspection by the Inspectors or either of them, and be formally laid before the Board of Inspectors at every meeting.

Ninthly. To admit the Inspectors at all times to every part of the Prison, and to render them every facility and assistance in the discharge of their duties; also to make to the said Inspectors all the Financial and other Reports, Returns and Inventories named in this Act, and any other Reports and Returns which the said Inspectors may, in writing, request to be prepared; and also to exact from the other Officers of the Prison all such Reports from such Officers, as to their several departments, as the Inspectors may so request.

Tenthly. To receive all persons legally certified to him as legally sentenced to imprisonment in the Penitentiary, and to keep a register of such convicts, in which he shall enter, immediately on his or her admission, the name of each convict, and under appropriate columns, the date of his or her conviction, and where born, his or her age, previous occupation, complexion, stature, crime and term of sentence; also the Court before which he or she was convicted, the County, City or District from which sent, the number of previous convictions, and when discharged and how discharged; and the Warden shall be furnished by the person delivering any convict to him with a certified copy of his sentence, and shall give to such a person a certificate of the delivery of such convict: And immediately on the admission of each convict, the Warden shall make an inventory of the clothes and other property on the person of the convict at his reception, and shall enter the same in a Book to be kept for that purpose; and the said clothing and other property shall be preserved, as well as possible, during the imprisonment of the said convict, and restored on his or her discharge. It shall also be the duty of the Warden to read to each convict on his admission the laws of the Prison in regard to escapes or attempts at escape, and as to rebellious or disorderly conduct.

Eleventhly. To be present at least three times in each week in the Dining-hall while the convicts are at breakfast and dinner, and as often at the distribution of the supper rations, with the view of examining the food and ensuring that it is good and sufficient and properly cooked: he shall also superintend or cause to be superintended the convicts when attending Divine Service whenever it may be held in either of the Chapels of the Prison, and when Service is proceeding in both Chapels simultaneously, the Warden shall be in one and the Deputy-Warden in the other. He shall also, before retiring for the night, pass through the Prison every night and satisfy himself that all is safe, and that the guard for the night is set and properly discharging the duty.

XVI. And be it enacted, That the Deputy-Warden of the Penitentiary shall be the Principal Assistant and representative in his absence, not exceeding two days, of the Warden, and during such limited absence shall exercise all the powers and fulfil ail the duties of the said Warden, as far as these relate to the discipline of the Prison and the safe keeping and management of the prisoners, and the control of the subordinate Officers:

Deputy Warden: his powers and duties.