CO129-207 - Acting Governor Marsh - 1883 [1-3] — Page 31

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7. No cell shall be used for the separate confinement of a prisoner unless it has been approved in writing by the Governor for the purpose, and the Governor shall not give his approval in respect of any cell unless he is satisfied that it is of such a size, and is lighted, warmed, ventilated, and fitted up in such a manner as may be requisite for health, and furnished with the means of enabling the prisoner to communicate at any time with an officer of the prison; but a distinction may be made in respect of the use of cells for the separate confinement of prisoners during long and short periods of imprisonment, and in respect of the use of cells in which the prisoner is intended to be employed during the whole day, or for a long or short part thereof; and the Governor's approval may be varied accordingly, so as to express the period of imprisonment for which each cell may be considered fit, and the number of hours in the day during which the prisoners may be employed therein.

No punishment cell shall be used unless it has been approved in writing by the Governor, and the Governor aball not give his approval in respect of any celi unless he is satisfied that it is furnished with the means of enabling the prisoner to communicate at any time with an officer of the prison, and that it can be used as a punishment cell without detriment to the prisoner's bealth, and the time for which it may be so used shall be stated in the approval.

Every approved cell shall be distinguished by a number or mark placed in a conspicuous position, and shall be re- ferred to by its number or mark in the Governor's approval, and the number or mark of any approved call changed without the Governor's approval, saeir cell shaft-tæ-deeraal to be an unapproved cell until a fresh approval has beon given.

Any approval given by the Governor in respect of a celi may be withdrawn on such alteration taking place in such cell as to render the approval, in his opinion, inapplicable thereto, and upon an approval in respect of a cell being withdrawn, that cell shall cease to be an approved cell for the purposes of this Ordinance.

8. Hard labour for the purposes of this Ordinance shall be of two classes, consisting, 1st of work at the tread wheel, shot drill, crank, capstan, stone-breaking, or such other like description of hard bodily Inbour as may be appointed, by rules to be made by the Governor in Executive Council under Section 18 of this Ordinance, which work is herein- after referred to as hard labour of the first class; 2udly. of such other description of bodily labour as may be ap- pointed by rules to be made by the Governor in Executive Council under Section 18 of this Ordinance, which work is bereinafter referred to as hard labour of the second class; and in every prison where prisouors sentenced to hard labour are confined, adequate means (having regard to the average- number of such prisoners confined in that prison during the preceding five years) shall be provided for enforcing hard labour in accordance with the regulations of this Ordinance; i and no prison shall be deemed to be in conformity with the requisitions of this Ordinance with respect to the onforce- meut of hard labour, unless such means as aforesaid have been provided thereiu, and prisoners sentenced to hard Jabour have been employed thereat in mauner provided by this Ordinance; provided, that employment in the necessary services of the prison may, in the case of a limited number of prisoners, to be selected by the Superintendent as a reward for industry and good behavior, be deemed to be hard labour of the second class.

9. In every prison to which this Ordinance applies, prí- soners convicted of misdemeanor, and not sentenced to hard labour, shall be divided into at least two divisions, one of which shall be called the first division; and when- ever any persou convicted of misdemeanor is sentenced to imprisonment without hard labour the Court or Judge before whom such person has been tried, may order, if such Court or Judge thinks fit, that such person shall be treated as a misdemeanant of the first division, and a misdemeanant of the first division shall not be deemed to be a criminal pri- soner within the meaning of this Ordinance,··

10. Every person who aids any prisoner in escaping or attempting to escape from any prison, or who, with intent to facilitate the escape of any prisoner, conveys or causes to be conveyed into any prison any mask, dress, or other disguise, or any letter, or any other article or thing, shall be guilty of felony, and on conviction be sentenced to in- prisonment with hard labour for a term not exceeding two years.

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