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No. XXIII.

7 Geo. IV. c. 74.

Lord Lieu

tenant to appoint Two Inspectors-General of Prisons.

Counties to be apportioned into Two Circuits, the Prisons of which

shall be visited yearly by an Inspector-General.

Reports of Inspectors-General shall be laid before the Grand Juries at the ensuing Assizes.

Allowance for the Report,

201.

Gaolers shall

transmit Returns of the State of the

Gaols yearly, in the Form in Schedule (E.)

Salary to Inspectors.

LIV. And be it further enacted, That it shall and may be lawful to and for the lord lieutenant or other chief governor or governors of Ireland for the time being, to nominate and appoint two fit and proper persons to be inspectors-general of prisons in Ireland, removable at the will and pleasure of the lord lieutenant or other chief governor or governors of Ireland for the time being; and such two persons shall perform all the duties prescribed for the inspectors-general of prisons, as directed by this

Act.

LV. And be it further enacted, That it shall and may be lawful for the lord lieutenant or other chief governor or governors of Ireland, to apportion the several counties counties of cities and counties of towns in Ireland, into two circuits, for the purposes of this Act; and each of the said inspectors-general shall, once at least in every year, go round one of the said circuits and visit and inspect every gaol, bridewell, house of correction, penitentiary, or other prison, and every madhouse and place where lunatics or idiots are confined, whether the same be a public establishment or kept for profit by any private individual, in or within such circuit, and shall report upon the state thereof to the lord lieutenant or other chief governor or governors of Ireland within such one of the said circuits respectively, and shall go round the said circuits alternately in each succeeding year; so that every gaol, bridewell, house of correction, penitentiary, madhouse, and other prison and place as aforesaid, shall be visited and reported upon by each of the said inspectors-general once in every two years at the least; which report shall be transmitted to the chief secretary of the lord lieutenant in Dublin prior to the first day of February in each year, and shall be laid before both Houses of Parliament, and which reports shall contain a general statement of the progress of prison discipline in each district, as well as a special report upon the state of each gaol, with a list of all prisons of every class.

LVI. And be it further enacted, That after such visits respectively each of the said inspectors-general shall deliver to the secretary to the grand jury of each county county of a city or county of a town, a copy of his report as to the several prisons therein respectively, in order that the same may by them be laid before the grand juries of the counties counties of cities and counties of towns, to which such reports shall relate, at the next ensuing assizes or presenting term; and every such report shall contain an account of each and every gaol, bridewell, house of correction, or other prison, and of every madhouse and place where idiots or lunatics are confined, within the said counties counties of cities and counties of towns respectively; and it shall and may be lawful to and for the collectors of Excise of the district in which the places for holding the assizes of such counties counties of cities or counties of towns as aforesaid, may be situated, to pay, and the said collector of Excise is hereby required to pay to the inspector-general for the year, upon his making such report, a sum of twenty pounds, which sum shall be repaid to the said collector of Excise by presentment at the next ensuing assizes, and the grand jury are hereby required to present the same accordingly.

LVII. And be it further enacted, That on or within ten days after the first day of January in each and every year, the gaoler or keeper of every gaol, prison, bridewell, or house of correction, or other county prison in Ireland, shall make up a return of the state of such gaol, bridewell, house of correction, or other county prison under his charge, for the year preceding such first day of January, in the form contained in the schedule marked (E.) to this Act annexed, and shall transmit the same, or cause the same to be transmitted, to one of the inspectors-general, on or before the twentieth day of the said month of January, to be by such inspectorgeneral certified and transmitted, together with his annual report, and such observations as he may judge necessary, to the office of the chief secretary of the lord lieutenant in Dublin.

LVIII. And be it further enacted, That each of the said inspectorsgeneral shall receive such salary as the lord lieutenant or other chief governor or governors of Ireland shall appoint, not exceeding to each

the sum of nine hundred pounds in the year, which salary shall be pay. able in quarterly payments out of the consolidated fund of the United Kingdom.

No. XXIII.

7 Geo. IV.

c. 74.

LIX. And be it further enacted, That it shall and may be lawful for the said inspectors-general, or either of them, from time to time, whenever and so often as they shall see fit, to visit any gaol, bridewell, mad- Inspector-Gehouse, marshalsea, or other prison in Ireland, and to examine concerning neral to inquire the due performance of the rules and regulations prescribed and required into the Discito be observed therein respectively, and also concerning all matters conpline of Prisons, nected with the expenditure discipline or regularity thereof respectively, Lord Lieu and report to and to examine on oath all persons concerned therein, or holding any office or emolument therein, and also all other persons whom they shall think tenant, proper so to examine touching any matters concerning any such gaol bridewell or other prison; and it shall and may be lawful for either of the said inspectors-general, and they are hereby severally empowered and required to report thereupon to the lord lieutenant or other chief governor or governors of Ireland, or to the Court of King's Bench, or judges of assize, whenever they shall see occasion so to do.

LX. And be it further enacted, That if any inspector-general of prisons in Ireland shall, in any report or return required to be made by him, knowingly state any thing false, he shall be thenceforth incapable to hold the said office, and shall lose and forfeit the same. LXI. And be it further enacted, That the said inspectors-general of prisons shall have power, and they are hereby required to visit and inspect, as often as they shall think fit, all madhouses and places where idiots or lunatics are confined, whether the same be any public establish ment or kept for profit by any private individual, as well as all gaols and prisons throughout Ireland; and if any person or persons shall hinder molest or prevent any such inspector-general from visiting and inspecting any of the said places of confinement, such person or persons being duly convicted thereof before any two magistrates or justices of the peace in the county county of a city or county of a town where such hinderance shall have been made, shall for every such offence be fined in any sum not exceeding twenty pounds, at the discretion of such magistrates, and so toties quoties for every new hinderance after such conviction; and upon non-payment of the same, such person so convicted shall, by the warrant of such magistrates, be imprisoned in the common gaol of the county county of a city or county of a town, for six calendar months, unless such fine be sooner paid.

LXII. And be it further enacted, That in every gaol, house of correction, marshalsea, bridewell, sheriff's prison, and other prison throughout Ireland, a book shall be kept, and constantly remain therein, in order that any member of the board of superintendence appointed under this Act, and also the local inspector thereof, or either of the said inspectors-gencral, shall and may from time to time make and enter therein such observations as they shall respectively think fit; and every inspector, chaplain, surgeon, physician, apothecary, or other officer, attending on or required to attend on such prison, shall in his turn insert in such book, in his own handwriting, his name, and the date of such visit and duty performed; and every keeper of every such prison shall be responsible for the safe custody of such book, and shall at all times, when required so to do, produce the same for inspection to the grand jury or board of superintendence, or any nember thereof respectively, without fee or reward. LXIII. And be it further enacted, That no person or persons, body or bodies corporate or politic, shall by themselves, or any other person in trust for them, give take or receive, or offer to give take or receive any fee money or gratuity, or other valuable or beneficial consideration whatsoever, or any promise thereof, for or in respect of the appointment nomination or recommendation of any person or persons whatsoever, to be keeper of any prison in Ireland, or to hold any office under such keeper, or knowingly appoint, or cause to be appointed, any person or persons to such office, for or in respect of any fee money gratuity or other valuable consideration whatever, given or promised to any person or persons what

&c.

Inspector-General making false Returns to

lose Office.

Penalty on obstructing Inspectors in visiting Madhouses, &c.

Book to be kept in each Prison in which any of the Board of Superintendence and Inspector, &c., shall enter

Observations.

Books to be produced for Inspection.

Penalty on taking any Fee for Appointment of Gaolers, &c.,

500.

No. XXIII. 7 Geo. IV. c. 74.

Grand Juries to

the Salaries to

Gaolers.

same.

soever, for or in respect of such appointment, or to the obtaining of such office; and each and every person so offending shall forfeit the sum or penalty of five hundred pounds, together with double the sum so given as aforesaid; one moiety of such forfeiture to be paid to the King, and the other moiety to the informer who shall by bill plaint or information, in any of his Majesty's superior Courts of Record in Dublin, first sue for the LXIV. And be it further enacted, That the several grand juries at the appoint or alter presenting terms in the county of Dublin and county of the city of Dublin, and at the assizes in all other counties counties of cities and counties of towns in Ireland, are hereby empowered and authorized to appoint such salaries and allowances to the several keepers of gaols in their respective counties counties of cities and counties of towns, and to their turnkeys or other assistants, as they shall think proper, and to alter the same from time to time as they shall see occasion, and to direct such salaries and allowances to be paid by the treasurer of such counties counties of cities and counties of towns respectively, under the direction of the board of superintendence appointed under this Act; all such salaries and allowances to be raised by presentment on the said counties counties of cities and counties of towns respectively: Provided always, that no keeper of a prison, or his turnkeys or assistants, shall be entitled to receive such salary or allowance unless he shall prove to the satisfaction of the grand jury that he hath complied with all and every of the rules and regulations which shall from time to time be provided by or under this or any other Act or Acts of Parliament, or by any lawful authority whatsoever, for the regulation of such prison, or for the conduct of the keepers thereof.

Local Inspectors
to be appointed
by Grand
Juries.

Grand Juries to present a reasonable Sum as Salary for such Inspectors.

Clerk of the

Return of Prisoners to the Inspectors.

LXV. And be it further enacted, That it shall and may be lawful for each and every grand jury of every county county of a city and county of a town in Ireland, with the consent and approbation of the court or judge at each assizes and presenting term, from time to time to appoint a local inspector for such county county of a city or county of a town respectively, (such inspector to be removable by the grand jury of such county county of a city or county of a town for the time being, with the approbation of the next going judge of assize,) to regulate, under the direction of the board of Superintendence appointed under this Act, and in the city of Dublin under the direction of the grand jury, the procuring and providing of food and necessaries for the prisoners in the gaol; and every such inspector shall be required to observe the several prison regulations hereinafter contained, as likewise all other prison regulations appointed by any competent authority under this Act, affecting such county county of a city or county of a town, or any one or more prison or prisons therein, and to see the same carried into effect.

LXVI. And be it further enacted, That it shall and may be lawful for all grand juries in Ireland, at any assizes or presenting term respectively after such appointment, to present a reasonable sum to be paid to every such local inspector appointed as aforesaid, as a recompence for the care and attendance necessary in the execution of the several duties of such office respectively, which local inspector shall reside within a reasonable distance of the county gaol of his county county of a city or county of a

town.

LXVII. And be it further enacted, That it shall and may be lawful for Crown to make the clerk of the crown, and he is hereby required, at each assizes and general gaol delivery in every county county of a city and county of a town in Ireland, and at every special commission of oyer and terminer and gaol delivery therein, and at every term or session of the commission of oyer and terminer and gaol delivery for the county of Dublin or for the county of the city of Dublin, and the clerk of the peace is also hereby required at quarter sessions to furnish the inspector of prisons for the time being of every such county county of a city and county of a town with a complete schedule of the several prisoners brought to trial at such assizes and general gaol delivery, and at such special commission, and at each and every term or session of the commission of the county of Dublin, or the county of the city of Dublin respectively, and at each and every quarter

No. XXIII.

7 Geo. IV.

c. 74.

session, specifying the particular crime of which each prisoner was accused, and stating the sentence of the judge on each trial, and whether the said several sentences have been executed respectively, or whether the whole or any and what part or parts of them have been remitted; and the several inspectors of prisons are hereby required, according to a form to be furnished to them by the inspectors-general of prisons annually, to make a Annual Return general statement from such returns for the whole year, and to transmit to be made by the same to the said inspector-general of prisons, within ten days after the Inspectors. first day of January in each year, transmitting with such annual statement the original returns from which it has been made.

XLVIII. And be it further enacted, That it shall and may be lawful for each and every grand jury in Ireland, and they are hereby required at any assizes or presenting term, to appoint a proper and discreet person, being duly ordained in holy orders and of the established church, to be chaplain of the several gaols of and in their respective counties counties of cities and counties of towns; and it shall and may be lawful for every such grand jury, if they shall be so required by the court, also to appoint a proper and discreet person, being a Protestant dissenting minister to be Protestant dissenting chaplain thereof; and also if they shall be so required by the court, to appoint a priest or clergyman of the Roman Catholic church, to be Roman Catholic chaplain thereof: Provided always, that every person so appointed shall be approved of by the court, and that where there is only one gaol of such county county of a city or county of a town, in the appointment of such chaplain preference shall be given to some clergyman of the established church officiating within the parish in which the gaol shall be situated, if duly qualified; and in like manner to some Protestant dissenting minister, and some clergyman of the Roman Catholic church, if duly qualified, acting as such within the said parish.

Appointment of

Chaplains to
County Gaols.

LXIX. And be it further enacted, That every such chaplain shall read Duty of Chapprayers in the said gaol for which he shall be appointed on every Sunday lains. in the year; to wit, the Protestant chaplain of the established church to such of the prisoners as shall be Protestants of the established church, and the Protestant dissenting minister to such of the prisoners who shall be Protestant dissenters, and the Coman Catholic chaplain to such of the prisoners as shall be Roman Catholics; and that every such chaplain shall likewise visit each of the said prisons twice at least in every week, exclusive of his attendance on Sunday; that on such visits he shall go into every room and cell in the prison wherein any prisoner so within his charge shall be confined, and converse with and exhort such of the said prisoners respectively as are willing to listen to his admonitions; and that each of the said chaplains shall attend every malefactor in their respective prisons who shall be within his charge as aforesaid, or who may desire his assistance, previous to and down to the time of his execution, in order to administer to such prisoner or prisoners the functions of his holy office; and that every such chaplain shall by alternate weeks, on the days appointed for the delivery of provisions or serving the same to the prisoners, inspect in his turn the bread or other provisions provided for any prisoner of whatsoever religion, and take care that the same are of good and wholesome quality, and of sufficient weight; and every such chaplain shall keep a journal in which he shall enter the time of his attendance on the performance of his duty, with any observations which may occur to him in the execution thereof, to be produced when required to the board of superintendence.

LXX. And be it further enacted, That it shall and may be lawful for Salaries to the grand jury, at the spring assizes and Easter term in every year after Chaplains. such appointment, to present a reasonable sum, not exceeding the sum of one hundred pounds and not leing less than fifty pounds in the county and county of the city of Dublin, and not exceeding fifty pounds nor being less than thirty pounds within any other county or county of a city or county of a town in Ireland, for every such chaplain, as a recompence for his services aforesaid; provided it shall fully appear to said grand juries respectively, and to the court or judge, that such chaplains duly

No. XXIII. 7 Geo. IV.

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and regularly executed the several duties of their said offices respectively; and that the sums presented for all the chaplains aforesaid in one prison or district shall be of the same amount, unless the share, or any part of the share of either, shall at any time be withheld by reason of any misconduct or neglect of duty.

LXXI. Provided always, and be it enacted, That in any case where it shall happen that there shall be more than two gaols of and within any county county of a city or county of a town it shall be lawful for the grand jury of such county county of a city or county of a town, on the direction of the court, to appoint more than one chaplain for the same: Provided always, that the whole sum to be given as a salary or salaries to any number of chaplains shall not exceed the amount of salary authorized to be paid to any one chaplain as aforesaid; and that a preference shall be given in the appointment of such chaplains to the clergy ordinarily officiating in the several parishes within which such gaols may be respectively situated, if properly qualified.

LXXII. And be it further enacted, That the grand jury of every county county of a city or county of a town, shall and they are hereby required from time to time to appoint a surgeon, being a member of one of the Royal Colleges of Surgeons, or a physician, being a member or licentiate of one of the Royal Colleges of Physicians, to the prisons within their jurisdiction; and every such surgeon or physician, as the case may be, shall and is hereby required to visit every prison to which he shall be so appointed, twice at least in every week, and oftener if necessary, and to see every sick person confined therein, whether criminal or debtor, and to examine the condition of the hospital, and the state of health of the prisoners under his care; and he shall further keep a journal, in which he shall enter the date of every attendance on the performance of his duty, with any observations that may occur to him in the execution thereof, and shall sign the same with his name; and such journal shall be kept in the prison, and shall regularly be laid before the board of superintendence at their meetings, and before the grand jury at every assize and presenting term; and it shall and may be lawful for the grand jury, at every assizes or presenting term after such appointment, to present a salary to such surgeon or physician; and such surgeon or physician shall be required at every visit to prescribe for all prisoners who stand in need thereof, and shall order such sustenance and other articles as may be necessary; which sustenance and other articles shall be provided by the local inspector, or in such other manner as the grand jury or board of superintendence appointed under this Act shall direct and appoint: Provided nevertheless, that nothing herein contained shall prevent the continuance in office of any medical attendant appointed before the passing of this Act, or of any physician appointed jointly with a surgeon before the passing of this Act: Provided always, that it shall and may be lawful for the grand jury of the county of the city of Dublin, in which more extensive medical attendance has been found to be necessary, to appoint, with the approbation of the court, a regularly-bred physician in addition to a surgeon; and such physician shall, together with such surgeon, discharge the duties herein required of any surgeon or physician to be appointed under this Act; and it shall and may be lawful for the grand jury aforesaid, at every presenting term after such appointment, to present a reasonable sum to be paid as a salary to such physician.

LXXIII. And be it further enacted, That it shall and may be lawful for each and every grand jury respectively as aforesaid, and they are hereby required, to appoint an apothecary, and it shall be the duty of every such apothecary to execute every order of such surgeon or physician.

LXXIV. And be it further enacted, That each and every of the said apothecaries shall, if required, provide all medicines and other articles necessary for the sick, and shall keep an account, stating fully and particularly the different articles supplied; and it shall and may be lawful for the grand jury at each assizes and presenting term, to present a reasonable sum to be paid to such apothecary, for and on account of the

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