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Limitation of penalties in rules, &c.
Power of Superintendent alone to punish refractory prisoners.
See Ord. No. 2 of 1878.]
Powers of Superintendent and Justice of the Peace to punish when those of Superintendent insufficient.
[Ref Ord. No. 2 of 1878.]
If punishment be flogging, twelve hours to expire before its infliction, and exceptions to such punishment.
Penalty for supplying articles to prisoners.
What labour incident to certain sentences and what prisoners to be free from imposed labour.
ORDINANCE No. 4 of 1863.
Gaol.
of Justices of the Peace, not less than three, of whom a Police Magistrate shall be one to meet, and frame such revisions or additions as may be considered expedient; provided that such amended regulations shall not have effect until they shall have been approved by His Excellency the Governor, and it shall be the duty of the Police Magistrate to forward such amended regulations to the Colonial Secretary. Provided also that no greater penalties shall be imposed for any breach of any prison rule than to the extent hereby provided.
11. It shall be lawful for the Superintendent of any gaol to punish by imprisonment in a solitary cell for not exceeding three days on bread and water or rice and water, or, if the prisoner be under conviction of felony, to punish by moderate corporal punishment not exceeding twelve strokes of a rattan, any prisoner whom he may find after due investigation to have been guilty of any of the following offences or of any breach of prison regulation or discipline:
Assault and battery.
Profane cursing or swearing or using indecent, violent or insulting language. Indecent, irreverent, or disorderly behaviour.
Idleness or negligence in work or wilful damage to or mismanagement of it. Wilful damage to any cell, ward or room, or to any gaol furniture or property whatsoever.
12. If a prisoner be guilty of any of the above offences or of a breach of gaol regulations or discipline for the due punishment of which the Superintendent of any gaol may deem the powers vested in him insufficient, it shall be lawful for such Superintendent in conjunction with any Justice of the Peace for the said Colony after inquiry to punish such prisoner by close or solitary confinement on bread and water or rice and water for not exceeding fourteen days, or, if the prisoner be under conviction for felony or have within three months next previous been guilty of a similar offence, by personal correction not exceeding thirty-six strokes.
13. No corporal punishment shall be inflicted without the written certificate of the Medical Officer that the prisoner can receive the punishment without injury to his health; and no such punishment shall be inflicted until after the expiration of twelve hours after the prisoner shall have been sentenced thereto under the two sections next preceding, and no corporal punishment shall be inflicted on any prisoner confined for debt or on first class misdemeanants.
14. If any person shall introduce into any prison or wilfully convey into or within the reach of any prisoner, whether within or without the gaol walls, any intoxicating drink, tobacco, opium, letter or other articles not allowed by the rules of such prison, he shall pay a penalty not exceeding twenty-five dollars, and such articles shall be confiscated.
15. When any Magistrate or Court shall sentence a prisoner to hard labour, the same shall mean hard labour (in chains if necessary) within or without the prison walls in such mode as the Superintendent of such gaol shall with the sanction of His Excellency the Governor appoint, and if a prisoner be sentenced to hard labour within the gaol...