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Such mis

demeanants not to be deemed

criminal prisoners.

first division shall not be deemed to be a criminal prisoner within the meaning of this Act.

Prohibition of committals to prisons in

second sche

dule.

Persons who

might have

PART III.

DISCONTINUANCE OF CERTAIN PRISONS.

68. AFTER the commencement of this Act no person shall be committed to any of the prisons mentioned in the second schedule hereto.

All persons who before the passing of this Act might lawfully have been committed to any of the said scheduled prisons shall after the passing thereof be committed to the prison of the county in which the said scheduled prison been committed is situated; and such county prison shall, for all purposes relating to or conto such prisons to be committed sequential on the committal, trial, detention, or punishment of prisoners committed or removed thereto in pursuance of this part of this Act, be regarded in law as if it were the said scheduled prison.

to county

prisons.

Expenses of prisoners confined in

county prisons

instead of scheduled

In this part of this Act, so far as it relates to the prison at Richmond in the said second schedule mentioned, "county" shall mean the North Riding of Yorkshire, and so far as relates to the prison at Rye in the same schedule mentioned, the county gaol of Lewes shall be deemed to be the prison of the county.

70. THE expenses which may be incurred by any county in the conveyance, transport, maintenance, safe custody, and care of every prisoner confined in pursuance of this part of this Act in the county prison instead of in one of the said scheduled prisons, including the expenses of the removal of the prisons under prisoners from one prison to another, shall be defrayed in manner provided by law in cases where the prisoners committed for offences arising within any borough or other place that does not contribute to the county rate are sent to any prison of a county, and there is no special contract between such borough or other place and the county relative to such prisoners.

this Act.

Power to sell scheduled

prisons, or use
them as police

stations or
lock-up houses.

Application of proceeds of sale.

Power to allow compensation to persons deprived of office.

71. THE prison authority of any of the said scheduled prisons may sell the same in manner provided by this Act in case where a prison appears to a prison authority to be unnecessary by reason of its having provided for the accommodation of its prisoners in some other adequate prison, or may, with the sanction of the said Secretary of State, cause the same to be used as a police station house or a lock-up house; and the money arising from any sale made in pursuance of this section shall be applied in discharging any expenses that may be incurred by such authority in the maintenance of its prisoners, or otherwise in aid of the rate applicable to prison purposes.

72. THE justices in sessions assembled having jurisdiction over each of the said scheduled prisons may allow such compensation or allowance as they think fit to any person who, by reason of the passing of this part of this Act, is deprived of any salary or emoluments, so that no such compensation or allowance exceeds the proportion of the salary and emolument, if any, which might be granted under similar circumstances to a person in the Civil Service, under the Acts for regulating such compensations ora llowances for the time being in force; and any compensation or allowance so allowed shall be paid out of any rates applicable to the payment of the salaries of such officers,

subject to this proviso, that when the power to levy such rates is vested in a different body from the justices, the consent of such last-mentioned body shall be obtained to the amount allowed.

PART IV.

REPEAL OF STATUTES, AND SAVING CLAUSES.

of Acts in

73. AFTER the commencement of this Act there shall be repealed the Acts and parts several Acts specified in the third schedule hereto, to the extent in the said third schedule schedule mentioned.

repealed. No repeal

74. No repeal hereby enacted shall affect1. Any order made, sentence passed, or other act or thing duly done, under hereby enacted any Acts hereby repealed:

2. Any right or privilege acquired, any security given, or other liability incurred, under any Act hereby repealed:

4. Any appointment to an office made under any Act hereby repealed, or any power of removing the holder of such office, or otherwise dealing with such office, as respects the existing holder thereof, in manner provided by any Act hereby repealed:

5. The power of committing prisoners to any prison, except in so far as the same may be altered in pursuance of powers given by this Act.

to affect any order made,

&c.

certified before

75. ALL cells certified before the commencement of this Act by any As to cells inspector of prisons as being fit to be used for the separate confinement this Act. of prisoners shall be deemed to be cells certified for such purpose under

this Act.

76. ANY unrepealed Act of Parliament in which reference is made to the Construction of unrepealed provisions of any Act hereby repealed shall be construed as if in such first- Acts referring mentioned Act reference had been made to the corresponding provisions of to provisions of repealed this Act. 77. In the construction of the Act of the twenty-fifth and twenty-sixth Construction of years of the reign of Her present Majesty, chapter forty-four, the expression 25 & 26 Vict. "the Gaol Act" shall mean this Act instead of the Act therein referred to.

the

Acts.

"Gaol Act" in

c. 44.

creditors for

advanced for

78. NOTHING in this Act contained shall affect the right of any creditor Saving of who may have advanced any monies for building, repairing, or otherwise for rights of purposes of any prison discontinued in pursuance of this Act, or may have monies advanced any monies on any mortgage or other security; and it shall be lawful for such creditor to pursue any remedies for recovering the principal or interest monies due to him, and to enjoy the benefit of any security of which he may be possessed, in the same manner as if this Act had not passed, and as if the Acts hereby repealed had remained in full force.

building, &c. prisons disunder this Act.

continued

rights of Saving of existing officers

to salaries,

79. NOTHING in this Act contained shall affect the tenure of office or salary or superannuation allowance of any officer of a prison, not being one of the said scheduled prisons, appointed prior to the commencement of this Act, but superannuation such officer shall remain entitled to the same tenure of office, salary, and allowances, &c. superannuation allowance as if this Act had not passed: Provided, that the Scale of superannuation allowance of any prison officer appointed before the com- may be calcumencement of this Act may, on the application of such officer, and with the lated under

superannuation

this Act.

Repeal of
inconsistent

rules, and

consent of the justices in sessions assembled, be calculated on the same scale
on which the superannuation allowances of officers appointed after the passing
of this Act are directed to be calculated.

80. ALL rules in force in any prison that are inconsistent with this Act, or
the regulations in the schedule hereto, shall be repealed from and after the
continuance of commencement of this Act; but all other rules in force in any prison shall so
continue until altered in manner in this Act provided.

other rules.

Saving of
rights of
borough

councils to

81. NOTHING in this Act contained shall affect any right vested by Act of
Parliament or charter in the council of any municipal borough of appointing a

appoint officers. gaoler, chaplain, or other officer to the prison of such borough.

Validity of
commissions,
&c. addressed
to sheriff

instead of to
gaoler.

82. NOTHING in this Act contained relating to the custody of prisoners
shall affect the validity of any commission of gaol delivery, commission of oyer
and terminer, or other commission, precept, writ, warrant, or other document,
notwithstanding the same may be addressed to or make mention of the sheriff
of any county, city, or place, instead of being addressed to or making mention
of the gaoler of a prison or prisons; and every such commission, precept,
writ, warrant, or other document shall be obeyed by the gaoler, and take
effect in the same manner as if the gaoler had been named therein instead of
the sheriff.

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69. Gaoler to conform to law and regulations of prison. 70. May suspend subordinate officers.

71. To inspect the prison daily.

72. To post up in cells abstract of certain regulations.

73. To report to surgeon prisoners disordered in mind.

74. To notify to chaplain and surgeon prisoners requiring their attention. 75. To give notice of death of prisoners.

76. To report to visiting justices insane prisoners.

77. To keep enumerated books and accounts.

78. To be responsible for safe custody of documents.

79. Not to be absent without leave.

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