Cells to be approved
error.
by the Gor- (Ibid, s. 7.)
Hard labour. (Ibid, n. 8 altered.)
Misdemean- anis of the
1st and 2nd
divisions.
(Ibid, s. 9.)
pro-
(2.) In every prison punishment cells shall be
vided or appropriated for the confinement of pri- soners for prison offences.
(3.) In a prison, containing female prisoners as well as males, the women shall be imprisoned in separato buildings or separate parts of the same buildings, in such manner as to prevent their seeing, convers- ing, or holding any intercourse with the men. (4.) In a prison where debtors are confined, means shall be provided for separating them altogether from the criminal prisoners.
(5.) In a prison where criminal prisoners are confined, such prisoners shall, as far as possible, be prevented from holding any communication with each other, either by every prisoner being kept in a separate celi by day and by night, except when he is at chapel or taking exercise, or by every prisoner being confined by night to his cell, and being subjected to such superintendence during the day as will, consistently with the provisions of this Ordinance, prevent his communicating with any other prisoner, (6.) In a prison where prisoners under the age of six- teen years are confined, they shall be kept separate from prisoners of or above that age.
8. 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, ventilated, [warned] and fitted up in such a mauner as may be requisite for health, and furnished with the means of enabling the pri- soner to communicate at any time with an officer of the prison; but a distinction may be made in respect of use of cells for the separate confinement of prisonera during long and short periods of imprisonment, and in respect of the use of cells in which the prisoner is intend- ed 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 impri- sonment 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 shall not give his approval in respect of any such cell un- less 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 punish- ment cell without detriment to the prisoner's health, 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 referred to by its number or mark in the Governor's ap- proval, and the number or mark of any approved cell shall not be changed without the Governor's approval.
Any approval given by the Governor in respect of a cell may be withdrawn on such alteration taking place in such cell as to render the approval, in his opinion, inap. plicable 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.
9. Hard labour for the purposes of sentences of impri- sonment with hard labour shall be of such classes, character and description as may be appointed by rules made by the Governor-in-Council under this Ordinance or under any Ordinances amending the same. Prisoners undergoing hard labour may, in the discretion of the Superintendent of the Victoria "Gaol, be employed under the control of officers belonging to the prison, on such public works outside the walls of the prison as the Governor may from time to time approve.]
10. In every prison, prisoners convicted of misdemeanour, and not sentenced to hard labour, shall be divided into at least two divisions, one of which shall be called the first divi- sion; and whenever any person convicted of misdemeanour 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 misdemeanunt of the first division shall not be deem-
Considero fill. prom $8.
ed to be a criminal prisoner within the meaning of this Ordinance. Every person imprisoned under any rule. order, or attachment for contempt of Court shall be treated
as a misdemeanant of the first division.
11. Every person who escapes or attempts to escape Escaping or from any prison, orfwho aids any prisoner in escaping or attempting, attempting to escape from any prison, or who, with intent escape. to facilitate the escape of any prisoner, conveys or causes (Ibid, s. 10
or aiding, in
to be conveyed into any prison any mask, dress, or other enlarged.) disguise, or any letter, or any other article or thing, shall be guilty of felony, and on conviction be sentenced to im prisonment with hard labour for a term not exceeding two years.
12. Every person who, contrary to any prison rule or Introduction regulation, brings or attempts by any moans whatever to of prohibited introduce into any prison any spirituous or fermented liquor articles into
prison. or tobacco or opinin, and every othicer of a prison who bid, . 11 suffers any spirituous or fermented liquor or tobacco or modified.) opium to be sold or used therein, contrary to the prison regulations, shall be sentenced on conviction to imprison- ment for a term not exceeding six monthsfwith or without
I w
And all arican
246
me to him [bmitter]!
bard labourjor to a penalty not exceeding two hundred 20T dollars] or to both in the discretion of the Court, and any officer of a prison convicted under this section shall, in addition to any other punishment, forfeit his office. [ ]
13. Every person who, contrary to prison rules or re- Conveying gulations, conveys or attempts to convey any letter or other documents or articles document, or any article whatever not allowed by such rules on offregulations, into or out of any prison, shall on conviction prison, incur a penalty not exceedingfone hundred dollarsJand, if (Ibid, s. 12.) au officer of the prison, shall forfeit his office, but this
section shall not apply in cases where the offender is liable to a more severe punishment under any other provision of this Ordinance.
14. The Superintendent shall cause to be affixed in a Superintend penalties for conspicuous place outside the prison a notice in English and ent to notify in Chinese setting forth the penalties that will be incurred breaches of by persons committing any offence in contravention of the the three three preceding sections.
preceding sections. (Ibid, s. 15.)
15. It shall be the duty of the Coroner to hold an in- Inquest to
be held on a death in pri. quest on the body of every prisoner who may die within a prison, and in no case shall any officer of the prison, or any son. Certain prisoner confined in the prison, or any person engaged in persons dis any sort of trade or dealing with the prison, be a juror on qualified
from serving such inquest.
as a Juror
at such inqnests. (Ibid, s. 14.)
of persous against acts
16. If any suit or action is prosecuted against any person Protection for any thing done in pursuance of this Ordinance, such person may plead that the same was done by authority of done under this Ordinance; and if a verdict passes for the defendant, this Ordi-
or the plaintiff becomes non-suited, or discontinues his action ance. after issue joined, or if, upon demurrer or otherwise, judg- (Ibid, s, 15.) ment be given against the plaintiff. the defendant shall recover costs as between solicitor and client and have the like remedy for the same as any defendant has by low in other cases; and though a verdict be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the Judge before whom the trial takes place certifies his approbation of the action and the verdict obtained thereupon.
[in guilty of
of any
Die Aberdeen
under the Jervoisen 2017 ford is
17. Every prison officer, who after having duly engaged Misconduct ate officers. and bound bimself to serve as such officer, absents him- of subordin- self from his duties, or who, upon being dismissed or Compare my sales made permitted to resign from or ceasing to belong to the Ord. f3 of service of the prison, does not deliver up all arms, 1889 and accoutrements, appointments, and things entrusted to him section 2 of
1896.] for the performance of his duty as such officer shall be Ord. 15 of liable to a fine not exceeding one hundred dollars, of to imprisonment, with or without hard labour, for any term not exceeding three months, and every such offender shall forfeit all pay during such imprisonment.
make rules.
18. The Governor-in-Council shall have power to make Governor-in- rules for the regulation and government of prisous, and for Council may the duties and conduct of the officers and other persons (ibid, B. 17 employed in prisons, and for the punishment by fine, itered.) and pet vir my degradation to a lower rank or pay, discharge, or dismissal of such officers or other persons and for the duties of the
Jughes
orland
stand der ge
No comments yet.
Private notes are available after approval.