PRISONS.

No. 4 of 1899.

873

2. The Governor may make orders for any of the following purposes:-

Ordering of certain matters in relation to prisons.

(1) to set apart any available sites and buildings for the purpose of a prison;

(2) to discontinue the use of any prison and appropriate the site and buildings thereof to any other lawful purpose;

(3) to remove prisoners from one prison to another; and

(4) to appoint fit persons to be respectively superintendents of prisons, assistant superintendents, chaplains, surgeons, chief warders, and such subordinate officers for the service of prisons as the Governor may think necessary, and to remove such persons from their offices.

3. The site and buildings and prison known as Victoria Gaol shall be a prison duly set apart under section 2.

Victoria Gaol to be a prison.

[s. 4, rep. No. 1 of 1912.]

*

5. Prisoners shall be under the control of superintendents and assistant superintendents of prisons and chief warders, assisted by the prison officers.

Control of prisoners.

*

6.-(1) A person shall be deemed to be a prisoner and in legal custody whenever he is being taken to or from, or is confined in, any prison in which he may be lawfully confined,

Custody and conveyance of prisoner.

whether under criminal or civil process or whenever he is working outside or is otherwise outside any such prison in the custody or under the control of a prison officer belonging to such prison.

(2) Any constable or other officer acting under the order of any judge or justice of the peace, or officer having power to commit a prisoner to prison, may convey a prisoner to or from any prison to or from which he may be legally committed or removed.

7. The following rules shall be observed with respect to the separation of prisoners:-

Rules as to separation of prisoners.

28 & 29 Vict. c. 126, s. 17.

(1) in every prison separate cells shall, as far as possible, be provided equal in number to the average of the greatest number of prisoners who have been confined in such prison at any time during each of the preceding five years;

* As amended by Law Rev. Ord., 1924.

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