296.--As soon as the Gaol accommodation shall permit of it, prisoners committed to Gaol for breaches of naval and military discipline shall be kept separate from civil prisoners.
RULES FOR THE MANAGEMENT OF PRISONERS ON PUBLIC WORKS.
PRISONERS.
297. The Prisoners shall be divided into parties not exceeding sixteen men, and each party shall be known by a number.
298. Each party shall be under the charge of an Assistant Turnkey armed with a short sword for his defence, who shall have the number of his party on a badge affixed to his left arm; and the whole of the parties shall be under the charge of a Head Turnkey armed with sword and revolver, who shall be assisted by a Turnkey armed in the same manner.
299. The prisoners will work in coupling chains of about twelve feet long, fastened by means of anklets and padlocks.
300. If the work is near the Gaol, the prisoners shall be marched in to their mid-day meal at noon, but if at too great a distance from the Gaol, the meal will be sent to them.
301. The prisoners will breakfast at about 6:20 A.M., and leave the Gaol for their work at about 7 A.M., rest one hour for their mid-day meal from 12 to 1, and knock off work in the afternoon so as to reach the Gaol at 5 P.M. (nine hours daily, including marching in and out).
302. On Saturdays the prisoners will work until noon.
303. Their mid-day meal will consist of 1½ pint of rice congee thickened with cheap meat.
304. Any prisoner with a longer sentence than eight years may be kept at work within the prison until he has served one-third of such sentence.
OFFICERS.
305. In addition to the Head Turnkey in charge of the prisoners, the Turnkey to assist him, and the Assistant Turnkeys in direct charge of the parties, three or four Sikh Guards shall be posted in conspicuous positions round the works, armed with loaded rifles, to prevent escapes.
306. The Head Turnkey will be continually on the alert during the day, repeatedly visiting the parties in his charge, and ascertaining that all is correct or otherwise. He will take discreet measures to prevent the escape of prisoners, and to effect their recapture if they are successful in escaping. He will carefully observe the officers under his charge, and report weekly to the Superintendent of the Gaol on their efficiency in the management of their parties. He will enter in a book the number of parties, number of prisoners, and the names of the officers under his charge, with the name of the district where working, and the description of labour. He will be responsible to the Surveyor General for all the tools used by the prisoners. He shall on no account allow people to loiter near the prisoners while at work, or to converse with the officers.
307. The Turnkey shall consider himself to be under the command of the Head Turnkey and shall assist him in the performance of his duties. He shall move about continually among the parties, keeping a watchful eye on both officers and prisoners. When needed, he shall take charge of detached parties, and shall at such times use great discretion in the disposal of officers so as to prevent the escape of any prisoners, remembering that their safe custody should be his first care.
308. The Assistant Turnkeys in charge of parties must remember always that the custody of the prisoners is their first care. They shall therefore place themselves when at the works so as at all times to command a view of their men; they shall repeatedly count their prisoners during the day, and never turn their backs towards them, and shall on no account use a spade, pick, or any other tool, so as to place themselves at a disadvantage with regard to the prisoners.
309. The Assistant Turnkeys shall be careful to ascertain that the anklets, chains, and padlocks are in proper order, and shall minutely examine them before leaving the Gaol, when knocking off work for the mid-day meal, and before returning to the Gaol in the evening.
310. In the event of a prisoner's attempting to escape, the officer in charge of his party will blow his whistle to attract the attention of the other officers, and will then fall-in the remainder of the prisoners of his party and await instructions from the Head Turnkey.
311. The Head Turnkey, the Turnkey, and the Sikh Guards will not fire at an escaping prisoner unless his escape cannot be prevented by any other means; and even then will endeavour to disable him, remembering that the loss of life is to be avoided if possible.
312. The Assistant Turnkeys will keep a book in which they will enter the number, names, and sentences of the prisoners of their respective parties, making special remarks as to the industry of each prisoner, and they will be responsible to the Head Turnkey for the tools used by their parties.
313. The time which every prisoner with a sentence of twelve months and upwards must serve in Prison will be represented by a certain number of marks, which he must earn by actual labour performed before he can be discharged.
314. No remission will be granted for bad conduct. It is only on condition of good conduct and strict obedience that prisoners are allowed to earn by their industry a remission of a portion of their sentence.
REMISSION OF SENTENCES, AND REWARDS UNDER THE MARK SYSTEM.
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323. Extra marks may be given by the Governor, on the recommendation of the Superintendent, for special services such as:—
(a) Giving information of plots.
(b) Protecting Gaol officers or prisoners from attack, or protecting them from imminent danger.
(c) Preventing escapes, fires, &c.
(d) Preserving order in case of disturbance.
324. Marks will be forfeited by prisoners for misconduct according to the punishment inflicted, generally at the rate of
8 Marks for one Day Solitary Confinement on Bread or Rice and Water,
6 Marks for one Day Reduced Penal Diet,
4 Marks for one Meal Stopped,
4 Marks for one Pork Ration Stopped,
72 Marks for a flogging.
325. If a prisoner is reconvicted before the period of his remission has expired, he will be allowed to earn only five marks a day instead of six, and if he is reconvicted twice before the expiration of the period of remission, he will be allowed to earn no remission.
326. All convicted criminal prisoners with sentences of twelve months and upwards who shall be employed at remunerative labour, will be allowed to earn a small gratuity at the rate of one cent for every six marks, but the whole gratuity for any one prisoner is not to exceed $10. Such gratuity shall be paid at the time of discharge. In forfeiting marks for misconduct, the proportionate amount of gratuity will also be forfeited.
327. Convicts will not be allowed to earn any gratuity until they have served the first six months either in Separate Confinement or at No. 1 Hard Labour.
328. The name of every convict under a life sentence who has served fifteen years of his sentence, or having served ten years of his sentence has attained or is believed in the absence of positive evidence to have attained the age of sixty, shall be submitted for the consideration of the Governor in Executive Council. This rule will be communicated to every such convict now in prison, and to any other on first reception into prison, but each must be made to distinctly understand that such submission in no way implies that any remission of sentence will necessarily be granted.
SEPARATE CONFINEMENT.
329. Where the Gaol accommodation admits of it, all Male Penal Servitude prisoners shall be required to pass the first six months of their imprisonment in Separate Confinement.
330. Penal Servitude Prisoners will be allowed one hour daily to exercise in the open air under the supervision of an officer, who will see that the prisoners do not converse together, either in going to the yard, while at exercise, or in returning to their cells.
331. Such prisoners are to keep their cells and utensils perfectly clean at all times, and will be employed at crank labour, picking oakum, making or mending clothes, shoe making or mending, &c.
332. Such prisoners shall on no account communicate or hold conversation with any other prisoner, but shall at all times observe the strictest silence.
333. Such prisoners shall be permitted to write a letter on admission, if they wish it, to inform their friends of their whereabouts: but, with this exception they shall not write or receive a letter, or receive a visit during the six months of their Separate Confinement.
334. Felons, whom the Superintendent may have reasonable grounds for supposing to have been previously imprisoned for Felony, when sentenced to terms of Hard Labour will be required to pass a certain time in Separate Confinement from one to six months according to the number of their previous convictions, and their conduct while in Gaol.
335. Violent and disorderly prisoners may be placed in Separate Confinement at the discretion of the Superintendent for terms not exceeding seven days at one time.