1 Jk 1 M 1 k\ > vsat .*»■«> [if^ ^«^ ^^■ ^ ■'r-'^ri^f ^m. f* I ^k^ ■A ^^■'.<^- -^ i^i ' r !<•■■ # r^ ijr. > 4 fc""-" '*..*. .*''< /jlu.^ HOME OFFICE, WHITEHALL. S.W. /// J^i cSi/munc/ ^u "l^'crnt^ ^> c^mm^-'^nenl) . / AN ACCOUNT or THE MANNER IN WHICH SENTENCES OP PENAL SERVITUDE ARE CARRIED OUT IN ENGLAND. BY SIR EDMUND F. DU CANE, K.C.B., R.E., 8URVET0R-QENERAL OF PRISONS; CHAIRMAN OF COMMISSIONERS OF PRISONS; CHAIRMAN OF DIRECTORS OF CONVICT PRISONS; INSPECTOR-GENERAL OF MILITARY PRISONS; 4-c., 4:c., ^c. LONDON: PRINTED AT HER MAJESTY'S CONVICT PRISON, MILLBANK. 1882. (2059) m SYNOPSIS OF CONTENTS. Page Peeface . . . . . . . . . . . . . . ix Inteoductoby — Great experience of England in Penal Systems , . 1 Experience from our Penal Colonies . . . . . . 2 Formation and Eecent History of our Present System . . 3 Development of Scheme (Appendix I) . . . . . . 105 Besults op Peesent System — Progressive Decrease in Crime . . . . . . ... 5 Magnitude and Eesult of Progressive Decrease in Crime 7 Statistics as to Ee-convictions a Fallacious Test of Success of a Prison System . . c . . . 8 Statistics of Ee-convictions imperfect . . . . , . 9 Statistics of Crime much affected by other means than Prison Systems . . . . . . . . . . 10 Steps by which an Oppendee is beought to Justice — Information to Police . , . . . . . . . . 11 Necessity for Certainty of Detection . . . . . . 11 Apprehension .. .. .. .. •• •• 12 Procedure before Magistrates . . . . . . , > 12 Defects in Provisions for Custody of CTntried Prisoners 13 Trial 14 Necessity for a Public Prosecutor 15 iv SYNOPSIS or CONTENTS. Execution of the Sentence — Page Wliere carried out . . . . • . • • • . 16 All Convicts subjected to tlie same System of Puiiisliment 17 Leading Principles of Penal System . , , , . . 18 Division of Sentence of Penal Servitude into Stages . . 19 Refuges for Female Convicts (Appendix II) • • . . 110 First Stage of Penal Servitude — Objects of Isolation in tbe First Stage , , • . 20 Peligious Influences . . . . . . . • . . 20 Duration of Separate Confinement . . . . . • 21 Moral and Mental Instruction . . . . . . . . 23 Second, or Public Works Stage — Wliere carried out . . . . . . . . , . . . 25 Educational Arrangements . . , . . . . . 25 Test of Efficiency of School Instruction (Appendix III) . . Ill Convicts Separated except when at Work . . , . 26 Means taken to prevent Contamination wbile at Labour 26 Separation of Worst Criminals from the General Body (Appendix IV) . . 113 Separation of Less Hardened Criminals from the General Body (Appendix Y) . . .. .. .. .. ..114 Form of Inquiries made in cases of last-named Prisoners (Appendix VI) .. .. ,. .. .. .. 115 Instructions for Treatment of last-named Prisoners (Appendix YII) 116 Classification of Convicts — Probation, 3rd, 2nd, 1st, and Special Classes . . . . 28 Privileges of eacb Class . . . , , . , . 28 No Privileges of Diet . . . . , . . . , , 28 Details of the System of Classification (Appendix VIII) 116 fuiuc ^ v./ SYNOPSIS OF CONTENTS. Diet- ^""^ Principles upon whicli Scale of Diet is founded , , 29 Details of Diet Scales (Appendix IX) , , , , , , 119 Thied Stage, or Eemission of Sentence — How Earned or Forfeited 30 Prison Pitnishments and Eestraint — By wliom Awarded and under what Authority . , , , 31 Effect of System of Rewards and Punishments . , . , 32 Good Conduct of the large majority of Prisoners , , 33 Eight of Prisoners to Appeal, and to whom . . , , 35 Penal Class Rules (Appendix X) . . . . , , ^ , 124 . Treatment of Ill-conducted Prisoners at Close of Sentence (Appendix XI) 125 Rules relating to Corporal Punishment (Appendix XII) 125 Means of Restraint (Appendix XIII) . , , , , , 126 Unpaid Prison Visitors (Appendix XIY) . . * , 129 Mark System — Its Objects and Principles .. .. ,, ,, ,, 36 Regulations (Appendix XY) .. ,, ,. ,, 131 Means taken to ensure Fair Award of Marks (Appendix XVI) 133 Jf^r^s «w >f 1864 .. ..11,406 n ff yy 1869 .. ..12,058 >} ff >t 1874 .. ,. 9,848 If *f }f , 1879 .. . . 9,950 Actual number in 1881 .. . . 9,266 ' The following remarks in the Report of the Magnitude Directors of Convict Prisons for 1880-81 point thisdiminu- . . 1 M • ji '1 1 1 lA tion in serious out m a striking manner the magnitude and tne crime, effect of the continuous diminution in serious crime, as regards the United Kingdom : — ^' The steady decrease in the number of sen- tences of penal servitude, as compared with former years, is very remarkable, and may fairly be taken to indicate a diminution in serious crime. '^ If the number sentenced in 1880 had been the same in proportion to poj)ulation as in the years 1865-69, there would have been 2,585, instead of 1,654, a difference of 931, and taking the average time penal servitude prisoners pass in prison at six years, the number of the convict prison population, according to the ratio of the former period, would be 15,510, instead of its actual number, 10,297. A con- 8 sideration of the importance of this large differ- ence from various points of view (among others, the expense which it would have been necessaiy to incur in housing and maintaining 5,000 more prisoners than we actually have), may well make this proof of the efficiency of the various agencies for the repression of crime a matter of much congratulation ; and we hope we may fairly claim that our prison system has been framed and administered in such a manner as to have done its full share in effect- ing this result." Ke-convic- 'Yh.e number of prisoners sentenced on re- tions. ^ ^ ^ conviction to penal servitude has been as follows : — The average number of re-convictions during the 5 years ending. . . .1859 was 357 „ „ 1864 „ 668 „ „ 1869 „ 523 „ „ ....1874 „ 363 „ „ 1879 „ 398 Actual number in 1881 „ 487 Statistics as to The part of the statistics which deals with reconvictions • j* • pi n i i t ii a fallacious rc-couvictions IS vcry oiten alleged to be the test of effi- 1 1. £ 1.1 rn ' p • j_ i cienry of a tcst 01 the emcicncy 01 a prison system, under prison sys em. ^^^ supposition that the greater the proportion of re-convictions the less effective the system of punishment. To my mind there can be no greater fallacy. 9 The number of re-convictions recorded must largely depend on the efficiency of the arrange- ments provided for old offenders being recog- nized as such when convicted for fresh offences, and this depends on the facilities given by the law (which have been much increased of late years), as well as on the' activity and intelli- gence of the police, and the completeness or otherwise of their means of intercommuni- cation. Nor can our tables of re-convictions be con- fromimper- . .,,1 f ection of the sidered complete unless we bring into tne statistics; account the discharges and re- convictions of convicts still in Australia, or those who have emigrated to other countries, for this would largely affect the proportion. Moreover, the re-convicted man may have from modifi- , -,. , , , 1 •(? ii cations in been discnargea several years ago, and ii the systems ; prison system grows and improves as it ought, or receives important modifications, as some- times happens, the result of the treatment a prisoner underwent years back can be no test of the efficiency of the system carried out later on ; and besides, the effect on his mind of his treatment in prison must get weaker as time goes on. 10 and because Punishment is inflicted much more for the object 18 to deter possible the puTDOse of deterring from crime the enor- criminals. ^ ^ ... mous number of possible criminals, than for any effect on the actual criminal himself; and if a certain number of crimes must be committed every year, I think it much more to be desired that those crimes should be committed by one set of people than that fresh recruits should be brought into the criminal ranks. Prison systems I do not think that either an increase or a have less effect than docreasc in crime is due so exclusively to prison some other , , , . . causes in systcms as it has been asserted that it is. crime, The prosperity of the country — the facilities for getting a living honestly — the condition of education, moral and literary — the efficiency of the police — and most of all, perhaps, the checking at its source the development of a criminal class, by taking proper measures with young persons who are likely to join it, — all contribute to affect the statistics of crime. though they But ccrtainlv the penal system must, in an do affect these . j i. ^j j ^ results. important degree, affect this result, and I will now endeavour to give briefly a view of the system to which, in part, at all events, it is fair to attribute the remarkable decrease of crime shewn by the foregoing figures. 11 I will begin by a short statement of the course steps by wMcii T , T ' -t ' ' roi; • ^ .an offender is adopted m bringing an oiiender to punishment, brought to T ii ' ' ji i«Tii punishment. and this is the more desirable because success in the repression of crime depends at least as much on the way in which these preliminary stages are carried out, as on the subsequent treatment of the criminal under punishment ; and the statistics of crime are obviously depen- dent as much on the police organization by which crime is detected, and the efficiency of the law and of the legal practice by which it is brought to justice, as on the rules or system by which punishment is carried out ; and also because there are points in connection with the treatment of persons accused, but not yet convicted of crime, to which attention may be usefully directed. The first step taken by a person who has information ro t • 'ill • I 1 • to police. suiiered irom a crime committed against him or his property, is, of course, to apply to the police, and give them all information which .may enable them to trace out the offender. As it is obvious that no system for the treat- certainty of ment or punishment of offenders after they are fi^st necessity. caught can be of much avail in repressing crime, unless the means of detecting and apprehending the offenders are effective, it follows that the first and most important object to be attained in 12 endeavouring to repress crime by punishment is to approach as nearly as possible to certainty Qualifications ^f detection. The police must therefore be thrPoifce^^ effectively organized ; they must be intelligent and, above all, honest ; and they must have a good knowledge of the ways and practices of criminals, and, as far as can be attained, some personal knowledge of them. Apprehension Supposing that the person who has committed the offence can now be identified, or that sus- picion is strongly directed on somebody, the next step taken is to swear an information to that effect before a magistrate, who may issue a summons to him to appear to answer the charge, or, if necessary, a warrant for his appre- hension. The effective execution of this step again depends on the vigilance, intelligence, and knowledge of the police. Procedure If the offender is apprehended, he is lodged before the , . . magistrates., in cclls undcr charge of the police, until he can be brought before the magistrates in Petty Ses- sions, who will hear and determine, on sworn evidence, the charge against the prisoner, and any defence he may set up ; and if they consider that the case \.^ prima facie made out against him, they may either remand the case for further evidence, or may, if they are satisfied with what they have heard, either inflict such punishment as is in their power, or, if the law requires or allows it, can commit him to prison for trial at Quarter Sessions or Assizes. When first this paper was drawn up I pointed Defects in out what seemed to me to be an important de- provisions p . • 1 1 • • 1 J. for the cus- lect m our law and crimmai arrangements, tody of un- For a century or more we had been endeavouring "^^^ ° ®^ ®^^ to improve our prison buildings : we provided that every convicted prisoner should be lodged in a separate cell where he should eat and sleep alone, unable to contaminate others or be con- taminated himself; we enacted that his cell should be properly warmed and ventilated, that he should be provided with means for communi- cating with the warder in case of sickness oT for any other reason. We provided him with books, with medical attendance, with means of cleanliness, and, in fact, with every requirement of health and decency, but the prisoner awaiting trial, either in prison or police cells, we entirely ^ neglected to provide for by law, and consequent- ly, though sense of right in many cases led to proper provision being made, there were places where all these things were absolutely wanting, and where a decent man who got into trouble might find himself crowded in with the vilest set of criminals, or passing the night with a noisy crew of drunkards in a room or cell without the means of light, warmth, or ventila- 14 tion. This state of things obviously needed to be remedied, for no unconvicted prisoner should suffer more inconvenience than is necessary in order to ensure his safe custody; and it is satis- factory to find that the condition of unconvicted prisoners after committal to prison is very well provided for by rules made by the Secretary of State under the ^^ Prison Act 1877." The accommodation and proper treatment of untried prisoners in police cells is not so well secured, but much improvement is going on in this matter in many parts of the country. Trial of offender, at Sessions, or Assizes. The next step taken in arriving at the con- viction of an offender not summarily dealt with is his trial, which takes place either at sessions held four times in the year, except in Middlesex and in parts of the adjoining counties included in the Central Criminal Court District, or at assizes, which were held only twice a year, in the spring and summer, until the passing of the ^^ Winter Assizes Act 1876," the ^^ Winter Assizes Amendment Act 1877," and the ^^ Spring Assizes Act 1879," under which additional assizes may be held in spring and winter. No prisoner, therefore, can remain untried more than a quarter of a year, while it may be a much less time if the offence is com- mitted in Middlesex, where sessions or adjourned sessions are held at least twice every calendar 15 month, or within the jurisdiction of the Central Criminal Court, which holds its sittings twelve times a year. It is clear that the first necessity for promoting Prosecution the ends of justice is that the evidence in the case grieveV^" should be fully and fairly laid before the court. ^tTad^orat The prisoner and his friends have, of course, tiie public -L ' ^ instance, a every interest to establish the facts which seem grievance •/ needing to support his defence, and means of doing remedy, so are not usually wanting ; but the law by which the person who has already suffered the wrong has further to take on himself the burthen and expense of carrying on a prosecu- tion in which he has no more interest than any other member of society, is both a grievous wrong to him, and may give an undue advantage to the criminal. Probably many cases occur in which a man prefers to suffer in silence the first loss caused by the crime, rather than add to it the trouble and loss he will suffer if he has to prosecute. The Act 42 and 43 Vict., cap. 22, passed since the original writing of these remarks, providing, inter alia, for a Public Prosecutor, is a first tentative step toward remedying this. I have referred to ^^ certainty of detection" certainty of r\ n I ' J. A. ^ ' jj.* 1 • conviction of as the nrst point to be aimed at m endeavouring offenders the to promote the repression of crime. ^' Certainty sity.^^ ^^^^^' of conviction " is an equally important point in connection with the subject, and for which proper means should be provided. 16 Procedure before and at trial. The charge against the prisoner, framed on the depositions taken before the Committing Magistrates, is now taken before the Grand Jury, who consider whether there is a case on which to indict the prisoner ; and if they find a true bill, he is put on his trial. The counsel for the prosecution states to the jury the case against the prisoner, and brings evidence ; the counsel for the prisoner states the prisoner's defence, and brings his evidence ; either counsel cross-examines the witnesses of the other ; the counsel for the prosecution replies to the de- fence, the Judge sums up the evidence impar- tially, for the assistance of the Jury, directing them on points of law, and impressing on them that if they have any reasonable doubt, they are to give the prisoner the benefit of it. Where the sentence is carried out. The Convict Prisons. The Local, formerly County and Borough Prisons. If the prisoner is found guilty, he is then sentenced. If the sentence is to penal servitude, the male prisoner finds his way, in due course of time, either to the Convict Prison at Pen- tonville or Wormwood Scrubs, and the female prisoner to Millbank, in one of which prisons the first part of the sentence is carried out. If the sentence is to a short term of imprisonment, he or she is sent to a Local Prison — formerly known as the County or Borough Gaol. The lat- ter establishments were, till 1878, managed en- tirely by the local magistracy, subject, of course, 17 to Acts of Parliament, the due execution of which was, however, but very imperfectly pro- vided for by a very limited control on the part of the Government. By the ^^ Prison Act 1877" the entire control of them was vested in the Secretary of State. I may here mention that a sentence of au Convicts 1 .-,... •Pi 1 suTDiected to penal servitude is, m its mam leatures, and the same so far as concerns the punishment, applied on p"!^Lhmeiit. exactly the same system to every person sub- jected to it. The previous career and character of the prisoner makes no difference in the punishment to which he is subjected, because it is considered, and rightly, I think, that it is for the Courts of Law, who have, or should have, a full knowledge on these points, to con- sider them in awarding the sentence ; and if any prisoner were subjected to harsher or milder Various rea- .... p 111 sons why this treatment m consequence oi any knowledge should be the the prison authorities might have of his pre- vious character, it might be that he would practically be punished twice over on the same account, and on information much less complete and less impartial than the Court of Law would have at its command. The Government would also always be liable to charges of shewing favour to or prejudice against certain particular prisoners ; and any feeling of this kind would be fraught with danger and inconvenience. case. 18 Tiie Judge It is also Considered, and justly, that the should be able -r-, /-nji ji j tit to know the Judge OP (Jourt who passes the sentence snouicL tarsente^nce!^ know, or should be able to know, precisely the exact effect of the sentence, and this would be impossible if any discretion rested with the executive officers as to the mode of carrying out the punishments. At the same time it is open to consideration whether more than one mode of carrying out the punishment might not be laid down hy authority^ as appli- cable to certain defined cases, and whether a discretion might not be given to the Judges as to the system to which each prisoner should be subjected. Whether or not this alteration should be made, depends on the importance attached to the effect of punishment as an example to deter others from the commission of crime ; or to its effect in deterring or reforming the individual himself. Leading Our couvict systcm is devised with a view to oi^'systeL!^ combine the principles of deterring from the commission of crime and reforming the offender. The latter is an object which, for every reason, we are bound to follow strenuously, but it must not be effected in such a manner as to interfere with the former, because punishment is pri- marily to prevent crime by the warning held 19 up to those who might, but for such influences, fall into it. A sentence of penal servitude is divided Three stages into three principal stages : the first stage is of Penai passed at one of the prisons which have been viz., ' already named ; it endures for nine months in all cases, and for that period the prisoner passes his whole time — excepting the period allotted separate • • T,- n X i? confinement; to prayers and exercise — m nis cell, apart irom all other prisoners, working at some employ- ment of an industrial or remunerative character. The second is passed in a prison in which he sleeps and has his meals in a separate cell, but associated T . ... 1 ^ 1 i • 1 labour on works m association under a close and strict public works; supervision, at employment suited to him. The third period is that during which he is conditionally released from prison, but kept conditional under the supervision of the Police, and liable, for any infraction of the conditions of his release, to be returned to prison, there to fulfil the portion of his sentence which remained unexpired at the time of his release. A stage, intermediate ''Refuges" between the Public Works and the Conditional Release, is applied to women, who may be sent to ^^ Refuges" for nine months before their release on licence, — establishments managed by private persons, who interest themselves in preparing the women for discharge, and in procuring suita- ble situations for them. — \^See Apjpendix II.] 2 20 Cbjects of the three stages. Object of the first stage, in isolation. Religious influences. It is not necessary for me to state in detail here the rules laid down for the treatment of prisoners in the three stages, but I will give an outline of the objects which are aimed at. Further information will be found in the Ap- pendices. The first is, that every convict shall be subjected to a period of strictly separate con- finement, which not only is a severe penal discipline, but during which his mind is thrown in upon itself, and he cannot fail to feel that, however agreeable may have been his previous life, probably one of idleness and excitement, he pays dearly for it by the dull monotony, hard work, a diet which is sufficient, but no more than sufficient, and deprivation of every luxury he has been accustomed to indulge in ; and, above all, by the absence of freedom, and the constant supervision which is his present condition, and which form his prospects for some years to come. During this time he becomes open to lessons of admonition and warning; religious influences have full opportunity of obtaining access to him ; he is put in that condition when he is likely to feel sorrow for the past and to wel- come the words of those who shew him how to avoid evil for the future. 21 I have said that this stage of a prisoner's why first sentence endures for nine months, and it may prolonged. naturally occur to any one to ask, if its efPccts are both penal and reformatory, such as I have described and believe them to be, why the same treatment should not be followed through- out the whole of the sentence ? The reason is, that it has always been held that we must bear in mind that the prisoner should not only be punished and taught what is right, but should be returned to society fitted both morally and physically to fulfil his proper duties in the battle of life. Perpetual seclusion in a cell for years, with Perpetual .. 'ii 1 • p -11 • • J* seclusion in a no communication with his lellows, is an arti- ceii opposed TO Tl H I 1 1 "Pfi 1 ficial state of existence so absolutely opposed conditions. to that which nature jDoints out as the condition of mental, moral, and physical health, and so entirely unlike that which he is to be jDre- pared to follow on his discharge from prison, that it cannot be expected to fulfil the required object. When the system of separate confinement Effects of ico was first established in the model prison at conlnement? Pentonville, in 1842, the duration of the period of separate confinement was fixed at eighteen months. It was carried out with considerable rigour, and results shewed themselves which 22 could not be neglected. It was shewn incon- testably, as the Reports of the Commissioners demonstrated, that the minds of the prisoners became enfeebled by long-continued isolation ; and, after various trials, the present term of nine months was fixed on as the longest to which prisoners could, with advantage, be sub- jected to this stage of the discipline. It ip, Advantage of howcvcr, a matter well worthy of consideration, tern of separate whcthcr SOmC modified system of separate con- confinement. /» ■ •illjl •! • T , , nnement suitable to longer periods might not be introduced, to be applied to sentences which might then be legalized between the two years which is the maximum sentence of ^^imprison- ment," and the five years which is the mini- mum sentence of '' penal servitude." The real object to aim at is, that the treatment of prisoners should be adapted to the length of their sentences. No reason now The distinction made by the use of the term for distinction //• • ± ij ± j ± j. n i in the terms imprisonment," to denote sentences oi two meni^"Tnd y^ars and under, and ^^ penal servitude," to tude?"^ ^®^" denote sentences of fiye years and upwards, no longer has any significance, now that they are both carried out in the United Kingdom, and it is misleading, for both classes of prisoners are undergoing ^^ imprisonment," and are equally in a condition of ^^ penal servitude." 23 The use of the term " hard labour," in im- Use of the posing the sentence of imprisonment, which labour." is not used in passing one of penal servitude, might also well be omitted, for any prisoner sentenced to imprisonment should be, and is by law, required to labour, under specified conditions, suitable to his health and his capa- city; and, in fact, excepting the specific kind of labour called ^^ 1st Class Hard Labour," defined in the '' Prison Act 1865 " as " crank, tread- wheel, &c., and other like kind of labour," the term '^hard" has no particular meaning, and its employment in the sentence makes no practical difference. Keeping in view the principle that during Moral and his imprisonment the convict is to be prepared ™stSction, and enabled to lead a reformed life when he is ^tion!^ ^^^^" discharged, attention is paid, more especially during the first period, both to his moral, men- tal, and literary education. Every prison has its staff of Ministers of Ministers of Religion, who, in prisons which contain large ^®^'^''°^- numbers, are not permitted to have any other duties, and who, therefore, can devote their whole time to the improvement and advantage of the prisoners placed under their spiritual care. 24 Advantages of The advantage of thus inculcating religious influences. feelings will not be contested by any one ; and, notwithstanding the doubts which have arisen from injudicious exaggerations of the results of these influences, and by misconcep- tion of the true position of and functions fulfilled by the Chaplains of prisons, it is certain that these advantages are much appic- ciated by prisoners, and that the exertions f f the Ministers of Religion bear perhaps as mucli fruit as in the world outside. Educational The Prisou Library and Educational Depart - arrangements. . . -, « , ■■ ^-i i . 13 i ments are m charge oi the (Jhaplam. Books are supplied to the prisoners, both of a purely reli- gious and of an instructive character ; and those who are uneducated are taught by a staff of schoolmasters, at least the elements of reading and writing; those who have already some know- ledge have opportunities and encouragement to improve themselves. As a knowledge of read- ing and writing affords so much opportunity for mental and moral improvement, and may have so important an effect on a prisoner's well-being iii after-life, inducements are offered to prisoners to exert themselves to attain it, by rendering some of the subsequent privileges a prisoner may gain conditional on his being able to read and write. For example, no convict can be promoted to the first class unless he can read 25 and write ; and after he ha s been under instruc- tion a sufficient time, he is obliged, if he wishes to enjoy the privilege of communicating by letter with his friends, to do it himself, and without assistance. Of course, exceptions to these rules are made in the cases of men who, from age or mental incapacity, cannot be expected to acquire even the elements of knowledge. Half-yearly examinations are held, to show Half-yearly , , . 1 ii 1,0 examinations. the progress each prisoner makes, the result oi which may be seen in the Yearly Reports of the Directors of Convict Prisons. — [_See Appendix III.] Taking the Prisons at Chatham, Portland, Educational and Portsmouth, it is found that of 775 prisoners discharged during 1871 and 689 in 1881-2, there were 158 in the former year and 121 in the latter who, not having been able either to read or write when convicted, had learned to do both while in prison ; and most of the remainder had made advances in the knowledge which they previously possessed. After passing the allotted time in close con- PuiDiicWorks' finement, the convict is removed to a prison ° ' where he is employed at labour in restricted 26 association, in the majority of cases labour on public works, or farming, clearing or reclaiming land and so on; but as there are some men who are not adapted for this kind of employment, bootmaking, tailoring, and other indoor employ- ments are also carried on. „ . , In whatever sta^e of his sentence a convict Convicts *^ always live in may be, he is always provided with a separate separation, . . . j. '^ though they cell which he occupies at all times when not at work in asso- . ciation. work, at praycrs, or at exercise. The sick or invalids are necessarily more associated, but as the infirmaries recently constructed place the great majority in separation, the chances of contamination therein are reduced to a mini- mum. There were, when this book was first issued, in 1872, still a few prisoners at Dart- moor in association, but this defect did not exist more than a few months after that time. Pains taken to Great pains are taken, however, during the tamination; stago of a scntonce of penal servitude during which prisoners labour in association, to prevent evil effect from contamination, by the hardened offenders, of those less versed in crime. by separating With this obiect, arrangements were adopted, worst crimi- o / o . . , nais from rest; in 1877-8, for Separating the worst criminals from the rest — \^See Appendix IV] ; — and more- 27 over, as it was considered that the conversation by enforcing 1 . 1 111 • 1 • ,1 silence at which passed between prisoners during the exercise; times of exercise was a great medium of evil communication, steps were taken to prevent this bad effect. We have every reason to believe that these measures have had good results. In 1879-80, another important measure was andtyfor- adopted, with the same object, viz., ^ — ^the forma- ^eckukss tion of a class in which prisoners not versed in nof vers^TL crime should be collected, so that their contami- nation by old offenders might be impossible. crime. In Appendix V will be found an extract steps taken to from the Report of the Directors of Convict object; Prisons, 1879-80, which shews the steps taken to carry this measure into effect. In Appendix VI is given a copy of the inquiries made in order to ensure proper selection of prisoners for this class ; and in Appendix VII are the instructions to the Governor of the prison at which they are collected, for their treatment. The reports which have been received of the result, good conduct and industry of these prisoners \^see ^'Report of the Directors of Convict Prisons, 1879 et seq,~\ give reason to hope that this measure will be entirely successful. Classification of prisoners. 28 Every convict may, during his sentence, pass through four classes, called the probation, the 3rd, the 2nd, and the 1st class, and certain selected prisoners are also placed, during the last year of their sentences, in a special class. — [^See Appendix VIII.] Probation class. The probation class must last for one year ; nine months of it are passed in a close prison, as already stated, the other three months on Public Works. Third, second The 3rd and 2nd classes must each last for one year at least, and the remainder of the first, and Sentence may be passed in the 1st class, unless a prisoner is promoted during his last year into special class, the spccial class. Eacii class has Promotion into each of these classes is its privileges ; followed by Certain privileges, and each class wears its own distinctive badge. though limited. These privileges are necessarily very limited, but still they offer inducements which are much sought after. No privileges of diet. All privileges of increased diet have been abolished since 1864, as it was justly thought that to hold out prospects of food as an induce- ment to good behaviour was to appeal to the 29 baser feelings, such as a good moral education should endeavour to suppress ; and, secondly, because it was found that unfavourable im- pressions were produced outside by comparing the diet of the prisoner who enjoyed these slight improvements in the quantity or quality of the food with that of the honest hard- working free man, whose scanty means were hardly sufficient to keep himself and family in health. The diet, in fact, is fixed at the minimum Diet scales. necessary to enable a man to execute the work required of him, but if he should be idle and not execute the work, then the amount of his food is reduced. — \Bee Appendix IX.] The advantages offered, therefore, by the Privileges of ,.T T • I • A^ P i the various higher classes, consist m the more frequent classes; communications by visit or letter with their friends, in more freedom for exercise on Sundays, and in the earning of a higher gratuity of money to be paid on the prisoner's discharge. — \^See Appendix VIII.] The period which a prisoner passes in each earned by class is measured, not simply by time, but by ^^^ ^' days of hard work, on a plan which I will explain when I come to the system of marks. 30 EemissioD of In addition to the immediate privileges which a prisoner can gain by promotion to a higher class, he is offered the still greater, though more distant advantage, of slightly diminishing the duration of his sentence by obtaining '' Conditional Release." Maximum The amount of remission which any prisoner earned by in- may gain is onc fourth of the whole period he usryo y, pg^gg^g qj^ Public Works, and this remission is gained by industry alone, and not by ^ ' good conduct," which, in a prison, can be little more than passive, or abstaining from acts of indis- cipline or irregularity — certainly he is not allowed to profit by any lip professions of piety or reformation. forfeited by On the othcr hand, acts of misconduct may be followed by forfeiture of remission, degrada- tion to a lower class, and the consequent loss of privileges gained by industry, as well as by close confinement, reduction in diet, corporal other punish- punishment, and so on, and if by repeated mis- conduct, behaviour, a prisoner shews that his treatment in the close prison has not had its due effect upon him, and that he is not fit for associated employment on Public Works, he may be ordered to undergo the discipline of the penal class or of second probation for such period as may be thought necessary; or if during the 31 course of his whole sentence he conducts him- self badly, he may be ordered to pass the last six months in separate confinement, so that the deterrent effect of that discipline may be im- pressed on his mind when he is set free. — [_See Appendices X and XI.J The power of punishing a prisoner is vested Power of only in the Governor and in the Director. The limits of punishment in both cases are laid down by laid down by the Secretary of State, and no state. ^^ punishment can be awarded without full investigation of the charge, conducted in the presence of the prisoner. The Grovernor has powers sufficient to deal with minor offences, and every punishment he orders is reported to the Director with a statement of the prisoner's offence. The Director, whose fimctions are by statute The Director those of a Visitmg Justice, awards punish- visiting ments for offences of a graver character. Only the Director has power to award corporal punishment, and he only for certain offences defined by the Secretary of State, and after full inquiry on oath conducted in the most formal manner. No unusual punishments may be inflicted. — [_See Appendix XII.] 32 Restraint. No officer allowed to illtreat a prisoner. Chains, handcuffs, or means of special re- straint may not be made use of except under certain defined circumstances, and under strict regulations, and the use of them is always re- ported and recorded in a formal manner. — \^See Appendix XIII.] It can hardly be necessary to add that no officer is allowed to strike or abuse a prisoner. Should he find it necessary, on account of the violence of any prisoner, to make use of his weapons, he is always called upon to show that he confined himself strictly to the necessities of the occasion, or failing to do so he must bear the consequences. Effect of the systems of prison rewards and punishments in 1871, The efPect of the system of rewards and pun- ishments, by which we are enabled to maintain order and discipline in the prisons, is shewn by the following statement of the number of prisoners punished. During the year 1871, of 13,582 males who were in the prisons, 6796 did not break the rules in any way, and 6347 were actually punished. Of 2184 females who were during the year in the prisons, 1414 did not break the rules, and 689 were actually punished. ,. ,^^, ' Ten years later — 1880-1 — with 14,418 male and in 1881. •^ ^ ^ ^ prisoners in the prisons, 9109 did not commit 33 any breach of the rules, and 5309 only were actually punished. Similarly, with 1713 females, 1161 kejDt free of punishment, but 552 being punished. The comparison of these figures shews very satisfactory advance in good conduct among the prisoners: for, while in the ten years there was a difference of but 836 more male prisoners, the number not infringing the rules was greater by 2313, and the actual num- ber punished was less by 1038 ; and, in the case of the females, their number being 471 less, 253 more were free of offence, and 137 less were punished. The return of prison offences also proves Habitual pri- . in PI • 1 1 ' ^°°- offenders, that the great bulk oi them are committed by a isriandissi. small number of habitual offenders against the rules. In 1871, among an average population of 9980 prisoners, or an aggregate population of 15,766, only 7036 prisoners were punished, and these committed 24,071 offences ; in 1880-1, with an average population of 10,297, or an aggregate population of 16,131, only 5861 prisoners were punished, and these committed 18,003 offences. Out of 19,458 prisoners discharged from Very large 1-I001 1 majority of convict prisons between 1871 and 1881, only prisoners in- n .1 1 • • p ji • cur few or no about 9 U tailed to earn some remission irom tneir punishments. 34 sentences. Many had never misconducted them- selves at all, and a large proportion had gone through their imprisonment of many years with only some trifling breach of regulations re- corded against them. Good order maintained in prisons with- out constant recourse to punishment. It seems to me these facts are very important. The result is not due to an easy and slack system, under which offences are passed over without report and without punishment ; on the contrary, it will be apparent, even to a casual visitor, and is well known to those who are more intimately acquainted with the interior of the prisons, that order is strictly maintained in them, and that the discipline is exact without being severe. Intended result is produced. The result shews, in fact, that in this respect, at all events, our system produces the result it is intended to do, but more especially it shews that the organization of the department is effective, and that the staff of officers perform their duties with resolution and with judgment. Prisoners must feel they are treated justly. In order to maintain a strict and exact dis- cipline, without exciting constant resistance, it is above all things necessary that the prisoners should feel that the rules are carried out justly and fairly, that the officers are simply adminis- 35 tering the law, and that in case of any abuse of power on the part of an officer, he will be held answerable for it. To this end every prisoner has unrestricted Appeals by right of appeal against the act of those above p^^^°^®^® him, he may lay his complaint in the first instance before the Grovernor, who is bound to to the Go- investigate it, and to place the appeal on ^®^^°^^' record, or he may appeal, either by written or personal application, to the higher authority of the Director, who can, if he sees fit, reverse to the or modify the decision of the Governor. The ^^^ ^'^' Director not coming in daily contact with the officers and prisoners, but only visiting the pri- son magisterially at uncertain intervals, it is* of course felt that he can give a fresh and an im- partial consideration to any question or com- plaint. Besides this, the prisoners have the power to Secretary of petitioning the Secretary of State. petitk)n; ^^ Prisoners may also appeal to the independent to indepen- Visitors, who can, at any time they consider expedient, visit the prisons and inquire into the state of the prisoners and the discipline and condition of the prisons ; but they have no power to give any order, or to interfere in any way with the administration of the prison. -—[^iSee Appendix XIV.J D2 36 Effect of these provisions on prisoners and officers. The Mark System. Its objects. The principles on which it is framed. They exercise freely all these rights of appeal and petition. The effect of these provisions is, not only that prisoners feel that they cannot be unfairly dealt with, but the officers are constantly re- minded that they are liable to have to answer for any abuse of their power. The plan by which we endeavour to bring before the prisoner, in a form easily intelligible to him, is that, as in ordinary life, the advantages held out to him as an encouragement to indus- try are directly proportioned to his industry ; that he cannot be idle for a day without a cor- resiDonding loss ; that good conduct is necessary as well as industry, because ill-conduct will deprive him of the advantages he would gain by his industry ; — and is carried out by a system of recording the industry by marks. I will not here enter into the details of the system — [_see Appendix XV], — ^but will state the principle on which it is framed, viz. : — To every man is assigned the duty of earning a number of marks proportioned to the length of his sentence. These marks are awarded to each prisoner according to the degree of his in- dustry: if the prisoner earns them at the lowest rate, he will serve out the whole of his sentence ; should he earn the highest rate, he will get off 37 about one-foTirth ; if at any intermediate rate, he then will earn proportionate remission. The record by marks applies not only to the Marks apoiy p . . - . . i.u reiiiission amount oi remission the prisoner can gam ana (;ia,s,sifica. from his sentence, but also to every step in the classes he passes through during his imprison- ment : for instance, he is required to pass at least a year in each of the classes ; but during that time he must earn a definite number of marks, or else his promotion is delayed; and, further, the gratuity which he earns in each class is calculated according to the number of marks he earns. To ensure a fair value in marks being checks to assigned to each man's industry, not only is a awar^d rigid supervision and check maintained on the working parties by the Principal Warders, the Chief Warder, Deputy Governor, and Governor, by officers; who pay particular and especial attention to this point — l^see Appendix XVI], — but the prisoners' work is measured by a staff of professional officers, employed for the purpose, who act quite ^^e^oY^o^j.;. independently of the regular discipline staff, and whose measurements are priced out in money, and afford a check and test of the correctness of the assignment of the marks of industry. 38 by cards supplied to prisoners : Every prisoner is fumlslied with a card — [see Appendix XVII], on which, periodically, his earnings in marks are recorded, and if he feels himself unfairly dealt with, he has free right to complain, and his grievances are investigated. furnishing record of pro- gress towards higher class and liberation. In this manner, day by day, week by week, and year by year, he can count and record the progress he is making towards an advance in class, in accumulation of money, and towards conditional release ; and he is made perfectly to see and feel that his fate is in his own hands, and that he has something more to work and to hope for, than the mere avoidance of punishment. Female con- victs treated in the main on the same principles. *' Refuges" for female convicts. The course followed with regard . to the female convicts is in the main the same as I have described with more particular reference to the men. They may earn, however, a larger proportion of remission, viz., one third of their whole sentences ; and to those whose good conduct and character justifies the hope of com- plete amendment, a further advantage is held out by their being allowed to pass the nine months im- mediately preceding the term of their release in the ^^Eefuges" — [see Appendix II] — established and managed by j)rivate effort, assisted by con- tributions from the Grovernment, which have been already referred to. These ^^Eefuges" 39 are not prisons either in appearance or in dis- cipline — they are liomes^ and are intended to afford the advantages of a treatment approach- ing in its characteristics to that of home influ- ence. In 1872 there were three ^^ Refuges" for female convicts authorized by the Secretary of State : — the Carlisle Memorial Refuge at Winchester ; the Westminster Memorial Refuge at Streatham, for Protestants ; and the Eagle House Refuge at Hammersmith (now at East End House, Finchley), for Roman Catholics. There are now only two, the first-named having been closed in October, 1881. 158 women passed through these ^^ Refuges" in 1881, out of a total of 291 who were discharged from sentences of penal servitude. • It is at the conclusion of all this course of Great diffi- culty in discipline, punishment, and reformation, when disposing of . . . liberated the prisoner is again to be thrown on his own prisoners. resources, and left to his own guidance to face the trials and meet the temptations to which he has before, once or oftener, succumbed, that the greatest difliculty confronts those who hope that they have caused a prisoner, either by fear or reformation, at least to wish to do well on his release. In Great Britain there are two influences influences brought to bear on a discharged prisoner them?^°^ 40 Police Supervision. Firstly, he is placed for a limited time under the Supervision of the Police, to such an extent as to satisfy them that he is not falling again into a career of crime, or, in case he should do so, to ensure his being speedily remitted to undergo further discipline in prison. resulting The supcrvision referred to may result from tions of release the Conditions under which he is licensed to be at large — [^see Appendix XVIII] — or from the provisions of the '' Prevention of Crimes Act 1871," which permits the judicial authorities to impose certain restrictions and liabilities on persons twice convicted, as specified in Sec. 8 of that Act. — \_See Appendix XIX]. or from sen- tence of court. Personal record of criminals. It is obvious, that to enable supervision to be effectually carried out, and to ensure, so far as possible, that an old offender should, on re-con- viction, be recognized as such, it is necessary to have a good and complete personal record of the members of the criminal classes, accessible to all police forces and courts of justice. " Register of Criminals ;" With this view, the '' Habitual Criminals Act 1869" directed the formation of a register of criminals. The number of persons regis- tered accumulated so rapidly, when all cases were entered in it, that the register was becoming almost useless from its bulk, and it 41 was, moreover, not generally so accessible as desirable, as it remained only in London. In 1876, therefore, it was determined to confine commenced the Register to prisoners of the class described in Sections 7 and 8 of the '^ Prevention of Crimes Act 1871." The Re2:ister (which is printed by convict How printed, , , circulatied, prisoners) is now circulated to all police and forces and prisons all over the kingdom. The first volume, published in 1876, embraces the published. period from 11th December, 1869, to 31st March, 1876, and contains the names of 12,164 persons, with 21,194 convictions recorded against them, and the detailed personal descrip- tion of each one of them. Similar volumes, in continuation, have been published annually. By means of the annual volumes the police volumes authorities have at their command, in a most L^ued afford . -, PIP n * J* , . all necessary- con Venient and useiul lorm, all miormation information. necessary to establish a prima facie identification of any person suspected of being an habitual criminal, and are thereby able at once to procure direct from the locality or the prison where he is known, any further information, evidence, means of identification, photographs, &c. required. It is believed that a list of this character is First list of the first attempt of its kind to furnish generally, 42 *' Distinctive Marks Register," to all police bodies and others, information, complete and readily accessible, respecting the class of prisoners against whom they are carry- ing on their operations. In addition to the foregoing, there has been issued a ^^ Distinctive Marks Eegister," by which the police, when in doubt of, or unable to ascertain the name of, a person in custody, are enabled to trace his antecedents, from the fact that, in a vast proportion of cases, the habitual criminal carries on his person marks which afford a certain clue to his identity. These two books give, in the fullest manner, and by two entirely distinct means of identi- fication, the particulars necessary to assist the police in their attempts to check the habitual criminal in his career. In Appendices XX and XXI will be found examples of both these books, and in Appendix XXII the instructions issued to ensure the ac- curacy of description are shewn. ^. ^ , Secondly, he is offered the assistance of Discharged. ^ ' Prisoners' privatc Socictics, established expressly for the Aid Societies. ^ ... ... purpose of aiding discharged prisoners in their efforts to maintain themselves by honest labour. High import- The assistanco of dischare^ed prisoners is a ance of these - ^ ^ ox Bocieties. worlv of charity which, for every reason, it is Two distinct means of identification. Examples. 43 desirable to encourage and develop, for nothing can be imagined more hopeless than the con- dition of a man, cast out on the world with a ruined character and without friends to help him, surrounded by temptations from which he has been long removed, or open to the influences of former evil associates. The Government, feeling that a work of this Government nature is one which ought to be carried out by these societies. private efforts, look with great favour on these societies; and, in fact, in every reasonable way, so far as they judiciously can, encourage prisoners to take advantage of their aid. For centuries Grreat Britain has taken ad- preventing vantage of various waste lands of the globe oflcrimfnai^ to deport to them her criminal population, fuy^'si^c^e^^^' effecting thus the double object of developing ^aTbeen^*^^^ countries which, but for such aid, might never ^^^^ii^^^^^- have been the seats of such thriving commu- nities as now exist there, and at the same time achieving the object of preventing the forma- tion of a criminal class in this country ; whilt^t as regards the criminal himself, who, so long as he remained in England, would have found it difficult to be anything but a criminal, he found himself placed in such a position that by industry and honesty he would surely gain an ample reward, and where crime offered less inducements than a steady and respectable life. 44 This resource has, since 1867, been lost to us, and the formation of Prisoners' Aid Socie- ties is one of the means by which we may avert such consequences as are referred to in the evidence given before the Committee on Prisons and Punishments in 1847. Nmnber of convicts as- sisted by- Discharged Prisoners' Aid Societies in 1871 and 1881. Eeturns on subject. In the Reports of the Directors of Convict Prisons will be found, for some years past, the number of prisoners whom the Discharged Prisoners' Aid Societies have assisted to obtain employment. During the year 1871, nearly, and in 1881, more than, half the male prisoners who were discharged, and, at the same periods, more than two-thirds of the females, were assisted in this manner. At pages 45 and 46 will be found returns of the number of male and female convicts, liber- ated during the year ended 31st March, 1881, shewing those who went to the various Dis- charged Prisoners' Aid Societies and Refuges throughout Great Britain. 00 00 o 1—1 OQ c^ .2 rr-l ° 0) rQ • r-l o w rd O H 45 «H pty H'B o; n89q i£;8T0Og piy n-B o:^ uaaq "— I OS OS »o t- eo 0 CO 00 M F-H » us I I i i I I I I qSjnqtiipa; 89punQ; S9ZTA9(J i£qj9(I 9JitlS9qo lo^sua: ra'BqSnraiiia ■aggpigqy CO CO (M C<1 »o i-l d >-• I"* |rHi-lTj<»OpH,-( I - CO C<« rt 00 i-l CO 00 ^ CO C^ »«. CO (N I i - I 2 « 1 1 •3 ^ ^ 9 a "S -e -e woo f4 Ph Ph a I 46 02 PI O OS a © © t3 w H O OQ © be Si © cS 03 © c3 ■i^ OQ © 6D • r-l •4^ d © ^ O rt o Ti C/J o •+3 -(J d © o rd o ^ O © i O rd d o © tf ■s 00 00 ^2; -- pd o CO saSnja'ji o; laqum^ vb^oj. ''J^ Tj< o kO O 00 09 .2 esnoH pua ^s'b^ 00 CO CO ' 9ST10H nsssTi'a: e before Reception in Prison employed at Trades, &c. Brought forward 382 1277 1659 Plumbers 6 4 10 Polishers, French. .... 2 2 Printers 8 34 42 Riggers 2 13 15 Sail or Hammockmakers 2 67 69 Sawyers, stone . . 91 91 i Sawyers, wood .... 13 39 52 1 Ships' fender makers 10 10 j Shoemakers 85 482 567 : Slaters 10 10 20 ' Smiths 2 1 3 j Stonecutters 26 364 390 • Strikers 15 59 74 Tailors 109 634 743 Tailors' repairs .... . . 31 31 ' Tinsmiths 10 19 29 ! Turners 2 3 5 Washers ...... , , 7 7 Weavers 2 86 88 Wheelwrights 3 4 i • 1 Totals . . . . . ! 679 3235 3914 Considering that the men have to be taken as they come, many quite unaccustomed to work, that they have no pay, that the necessi- ties of safe custody tend to a certain loss of time actually at labour, and that, for the same reason, the men must work in gangs, it occa- sionally happens that labour must be wasted, the value of their labour cannot be considered unsatisfactory. Some comparisons made by Captain Harvey, Comparisons -*• ./ i "^ '^ of conditions of free labourers and bourers working in Portsmouth Dockyard, and convicts made ^ "^ ' by Captain Harvey. in 1867, between a gang of twenty free la- fr2 a gang of twenty convicts working near them at the same labour, shew very clearly the difference in the material we have to deal with, and the difference in the results. Result of the The twonty navvies were brought up to that ompanson. ^qj.]^^ ^^^^ oxcopting three hodmen, had never done any other. Only two of the gang of convicts had been navvies before ; the rest were stokers, sailors, hawkers, spinners, drivers, coal-whippers, etc. The navvies averaged 35 years of age, were 5 feet 7^ inches in height, 36|- inches round chest, and weighed, on an average, 155 lbs. The convicts averaged 28^ years of age, 5 feet 5^ inches in height, 34^ inches round the chest, and weighed, on an average, 132 lbs. The gang of navvies drank 413 pints of fluid in a week — a good deal of this was beer, no doubt. The gang of convicts drank 285 pints — nothing stronger than tea or cocoa. The navvies ate 10,808 oz. * of solid food ; the convicts ate 6377 oz. In physique and skill the navvies, therefore, were immeasurably superior to the convicts, and their diet was greater, and possibly more than absolutely necessary; further, from the require- ments of regularity and security, the convicts were a shorter time actually at labour. The earnings of the navvies at day-work was 3^. 3d., the convicts Is. lid., or nearly two-thirds of 78 what the navYies eamedj whicti, it will probably be admitted, is as much as could be expected. The comparison bears upon another point Prisoners em- ... - • 1 . i« ployed as far wnicn has sometimes been raised m connection as practicable with proposals for the useful employment of trades. prisoners, viz., — ^whether or not prisoners should be employed at the trades which they have followed before conviction. My own desire is, and our actual practice is, that they should be so engaged, as far as practicable, when not per- forming strictly penal labour. But practically, it is not possible to carry out the rule at all generally, because many of the occupations followed by prisoners outside are not such as are possible in prison, such as shopkeepers, servants, hawkers, drivers, miners, and many others, and many of those which might be car- ried on would require the provision of tools, special workshops, and so on, which it would not pay to establish without the certainty of providing a continual current of men through the prisons to carry on the trades in question. Some account may now be given of the Organization PIT P .of Prison organization of the department tor managing Department. the prisons in England. The Secretary of State for the Home Depart- secretary of ,.,1 iipn • • State the ment is the supreme head oi all prisons m supreme head Great Britain. All rules are issued under his 74 authority and with his approval, and must, of course, be consistent with the Acts of Parlia- ment. Chairmanand The Convict Prisons are managed, under the ^n^cT' ""* Secretary of State, by the Chairman and Board Prisons. ^f Directors of Convict Prisons. The Board of Directors was constituted by 13 & 14 Vict., cap. 39, and exercises all the powers formerly vested by Acts of Parliament in the various bodies who managed the Prisons. First Prison Establish- ments. The first Prison Establishments in England, created specially to contain convicts under sentence of transportation prior to or in lieu of removal to the Penal Colonies, were — the Hulks, established as a temporary expedient in 1776; Millbank, opened in 1816, to which prisoners might be sent for imprisonment instead of being sentenced to transportation (34 Geo. III., cap. 84); and Pentonville, opened in 1842 (5 Vict., cap. 29). Special Acts of Parliament were passed from time to time, to constitute these establishments, and provide for their administration and inspection. The cost of maintaining the prisoners in the Hulks was undertaken by the Government in 1779. These establishments were at first ma- 75 naged by Local Justices. Such supervision as Constitution there was over them in their early days was managing exercised by the Court of King's Bench. Gradually, however, the Home Office seems to have assumed a power of inspection and control, which was legalized in 1815, and their con- nexion with the King's Bench was finally severed in 1825. The supervision was then vested in a paid superintendent (5 Geo. IV., cap. 84): this office was abolished in 1846 (9 & 10 Vict., cap. 26). The management of Millbank was, at first, placed in the hands of a special unpaid Com- mittee, then paid Inspectors were appointed (6 & 7 Vict., cap. 26), and subsequently, Visitors (11 & 12 Vict., cap. 104). Pentonville was, when first opened, supervised and con- trolled by a body of unpaid Commissioners (5 Vict., cap. 29). In Appendix XXVI will be found ' lists of the members of the abovementioned govern- ing bodies of these two establishments, which, as will be observed, contain the names of some of the most eminent statesmen of their day. While passing through these various phases, the management and discipline of prisoners formed the subject of many Committees of 76 Inquiry and Acts of Parliament, and, as a final result, it was found desirable to substitute for the various disconnected unpaid bodies hitherto existing, one paid body, who could devote their whole attention to their important duties. The Board of Directors of Convict Prisons was accordingly constituted, as above stated in 1850. The names of the members of the Board from that time to the present will be found in Appendix XXVI. It is the duty of the Directors to visit every Convict Prison periodically. Every prison is by Directors, {jjgpgQ^g^j monthly — somo weekly, — to see that the orders given are carried out, that there are no abuses or irregularities, to hear appeals or requests from prisoners, and to act magisterially in trying charges against prisoners. Visitors, as referred to on page 35, inspect the Convict Prisons when they think proper, and hear any complaints prisoners may desire to prefer. Monthly and weekly inspections and occa- sionally by Visitors. Organization of Local Prisons. In the County and Borough Prisons, the means of enforcing the authority of the Secre- tary of State were, till 1st April, 1878, very imperfect. The immediate control of these establishments was with the Local Magistrates, and the only manner in which the Secretary of State could practically enforce his authority was by withholding a certain contribution 77 allowed by the Treasury, if any prisons did not fulfil his directions. The principal rules govern- ing them are embodied in schedules to the '' Prison Act 1865 ;" the local magistrates had power to make others, but such rules required the approval of the Secretary of State. • The cost of the County and Borough Prisons cost of Local was borne by local rates, with the aid of the ^^^^' contributions, amounting to about 18*5 per cent of the whole, voted by Parliament, and above referred to. The contracts were made by the local Justices, appointments to offices were [in their hands, they had uncontrolled power, so far as the law permitted, of punishing for prison offences, and they heard and dealt, without appeal, with complaints made by prisoners of their treatment. As means of satisfying the Secretary of State The Surveyor as to the condition of these prisons, there were Prisons, appointed, under Acts of Parliament, the Sur- veyor-General of Prisons, as his adviser on all questions of prison construction, and the Inspectors of Prisons, whose duty it was to visit inspectors of ^ . . Prisons. and report on the manner in which the Acts and orders relating to prisons were carried out, but who had no authority whatever in the prisons. The first of these offices exists on the same footing as before, except that the design and works are directly under the Surveyor- 78 General's control. The latter office still exists, but on a new footing, which will be described. Changes made The '^Prison Act 1877" made great changes Act 1877." in these matters. It vested the control of the prisons in the Secretary of State, who appoints Commissioners to administer their affairs, and fulfil all the functions formerly performed by the Visiting Justices. The cost is defrayed from moneys voted by Parliament, and any rules beyond those contained in the ^^ Prison Act 1865 " are made by the Secretary of State, though they require to be laid forty days on the table of the Houses of Parliament before they can be carried into effect. This restric- tion has the great disadvantage of preventing any rule being made, however great the emer- gency, during six months of every year. Inspectors of prisons act now under the Com- missioners. Local Justices, elected annually by the Court of Quarter Sessions, form a Visiting Committee for each prison, who have powers of punishing for such prison offences as the Governor has not power to deal with, and they hear any complaints made by pri- soners, besides keeping general watch over the prison, as a precaution against abuse, but they have no administrative authority and no pecu- niary responsibility. It will be observed, that under this system the prisoners have a double security against ill-treatment. 79 The whole of the financial affairs of the Convict Convict and Local Prisons, the making of administered t)v X)ixGctors * contracts, and those administrative duties of Local Prisons conduct and discipline which require the inter- sioners. vention of higher authority than the Governors in immediate charge of the prisons, are per- formed for the Convict Prisons, by the Directors, and for the Local Prisons, by the Commissioners. The necessary funds are voted every year by ^unds voted Parliament, the Directors and Commissioners ParUamMit. being respectively responsible for their adminis- tration according to instructions received. The Military Prisons are under the immediate Military control of the Inspector- General of Military the inspector- Prisons, and the Directors of Convict Prisons ^^^^^ * act also as Inspectors of Military Prisons, so that all prisons, both civil and military, are now managed in one Government department. The offices of Surveyor-General of Prisons, certain office Chairman of the Directors of Convict Prisons, ^rson."^ ^^^ and Inspector-General of Military Prisons — created by different Acts of Parliament — are, and always have been, united in the same person, and, since the passing of the '' Prison Act 1877," the Chairmanship of the Prison Commissioners also. Each prison has a Governor, a Chaplain, and staff of each a Medical Officer, and, where necessary, one or 80 Position of Governor, Chaplain, and Medical Officer. Clerk of Works, Annual fieports. Estimates. Eules for Prisons. Their spirit two Deputy-Governors, an Assistant-Chaplain, a Roman Catholic Priest, and an Assistant- Medical Officer. — \^See Appendix XXVII.] The Governor is the head of the establish- ment; under him are more immediately the discipline staff of Warders, &c. The School- masters, while more immediately under the Chaplain, and the infirmary staff under the Medical Officer, are nevertheless subject to the Governor in all matters of discipline. There is also a Clerk or Foreman of Works, and a staff of permanent officers to instruct the prisoners in their various trades, and to measure the value of the work they execute. More minute details of the staff at any prison are to be found in the Annual Reports of the Directors of Convict Prisons, of the Prison Commissioners, and in the Estimates laid before the House of Commons. The detailed instructions to officers, under which the prisons are administered, will be found in the rules for prisons. It must suffice here to say that the spirit of these instructions is, that while it is always to be remembered that the prisoners are sentenced to undergo punishment, the dictates of humanity are to be carefully kept in view 5 that all the officers are to bear 81 in mind that their duty is to reform as well as regards . _ -, . . , . . officers and as to punish, and that the conditions to ensure prisoners. good health of body are to be carefully attended to. Inspection of the prisons will show that these instructions are enforced, and statistics prove the efficiency of the organization for this purpose. At the time when (some years ago) the Appomiments •I'll ^^^^ solely on English Groyernment took seriously m hand the ground of the reform of the prison system, their efforts were directed to forming a good staff of officers as a matter of the first consequence, and these appointments have never been con- sidered the subject of political patronage or private interest. ♦■ The following account of the manner in ononeprinci- . pi® ^ppiyi^g which appointments and promotions are made to the whole ^ ^ ^ , service. in the Convict Service (which was drawn up at the request of the Italian Government), and which now applies to the whole prison service, may usefully find a place here. Appointments and promotions in the prisons by and under are made by authority of the Secretary of the Secretary State, on the recommendation of the Depart- ^ ^^^^' ment of Prisons, except in certain cases, in which, either by law or by the authority of the Secretary of State, the appointments and promotions are made without referring each individual case to him. 82 Conditions The Conditions required of all candidates for candidates. appointment are that they shall be suitable as to character, physique, and intelligence. Superior For the superior appointments, for which appointments, .-i ■, j*jj.a. i.i ^^ there are enough candidates to enable a high standard to be' required, those appli- cants are preferred who have already filled with credit situations in which similar qualifications are requisite. Confidential in- quiries are made from those who are able and competent to give the necessary infor- mation as to the manner in which a candidate has performed those duties, and on his general character and disposition in the various points which are of most importance for the position the candidate seeks to fill. Subordinate Satisfactory evidence is also required of the appointments. i ^ i jii o ttj^ j> i !• i probable fitness oi candidates lor subordinate situations, who are required, on application, to give the information asked for on the forms given in Appendix XXVIII. Many candi- A large number of applications for the ap- men^eavkig pointmcuts are from men who have left the ^^^^* army, because from the nature of the engage- ments under which men enter the army, there is always a flow of candidates for such employ- ment as prison and other Government service ofiers, but there is no rule restricting the 83 choice of officers of prisons to them. Their habits of order and discipline, of rendering and enforcing strict obedience, and their apti- tude in dealing with large bodies of men, are unquestionably very valuable qualities for the office, and if not possessed by an officer on joining, would have to be acquired more or less perfectly afterwards. All candidates who are nominated to posts Certificate of . . 1 T 1 Ti mi Civil Service m the prison service are obliged, like all other Commis- civil servants, to obtain a certificate of qualifi- cation from the Civil Service Commissioners, that they fulfil the conditions laid down for each appointment, in respect to character, education, age, &c. ^ Appendix XXIX gives these conditions for Conditions of entry into the prison service, and Appendix service. XXX gives a specimen of the inquiries which the Civil Service Commissioners make with regard to candidates. Subordinate (discipline) officers all enter Probation; either as Assistant- Warders or Civil Guards, and having obtained certificates of the Civil Service Commissioners, are appointed on a probation of three months ; if, dm^ing that period, they do not show any aptitude for the service, they are discharged with a week's notice. G2 prisonera ; 84 Some draw Subordinate officers, who are pensioners from pensions for _ , i i • • • i t former service the army or navj, draw their pensions m aadi- OTnavyT^ tion to their pay as officers of the prison service. Officers in the higher ranks, with some exceptions, lose such pensions, or they remain in abeyance during their service in the department. May not Officcrs in the prison service are not entitled "benefit by the ^ labour of to any advantages or allowances besides the above: they are not allowed to make use of, or derive any benefit from, the labour of the prisoners. Pensions as Appendix XXXI gives the pensions to civil servants. ^ • t nc • i • • • n i which omcers m the prison service are entitled, in common with all other civil servants of the Crown. The law under which pensions are granted is 22 Vict., cap. 26. Punishments. The punishmcnts to which officers are sub- jected consist of fines, degradation to a lower rank, or dismissal. Certain special offences are also punishable by imprisonment, after conviction before a proper court, viz., — aiding or attempting to aid a prisoner to escape, and bringing into the prison, or taking out, for prisoners, articles not allowed by the rules. 85 The sanitary condition of the English Sanitary p IT , T • 1 i M condition of prisons IS lully reported on m detail every the prisons. year, and the statistics will be found in each report of the Directors and Commissioners. A perusal of these reports will show that due Means taken . T . Ti • p ^o ensure means are taken to ensure conditions lavour- above. able to health, and that they obtain the desired result. The medical officers of all convict prisons Medical o TTl r* P V ^ are also called upon monthly and quarterly to periodical make reports, in detail, according to the direc- ^^^°^ ^* tions in the forms given in Appendix XXXII .^ The following tables shew the death rate in Death rate. the convict prisons since 1855 ; and when it is considered that convicts are, as a class, of low physical type, born and brought up under conditions unfavourable to health, early given up to vicious courses, and with constitutions in many cases ruined or im- paired by excess, it may fairly be said that the statistics of mortality shew that prisoners are duly cared for in all that pertains to health, and that in that respect the conditions of their life, their habitation, clothing, and diet, are more favourable than they probably are in a state of freedom. 86 Death rate of Male Con- victs. Year ^ Average dumber of Male Convicts in each year Number of Deaths among Male Convicts in each year Death rate per annum per thousand of Male Convicts Mean of each Triennial period 1855 6,513 100 15-4 ) 1856 6,036 93 15-4 } 13-5 1857 6,450 64 9-9 ) 1858 6,343 104 16-4 ) 1859 6,466 71 11-0 13-2 1860 6,396 79 12-3 , 1861 6,022 68 11-3 ) 1862 5,862 54 9-2 [ 11-9 1863 5,903 90 15-2 ) 1864 6,055 88 14-5 \ 1865 5,861 109 18-6 > 16-9 1866 5,853 103 17-6 I 1867 6,095 90 14-7 ) 1868 6,593 79 11-9 1 13-4 1869 7,185 99 13-7 ) 1870 7,942 100 12-6 ) 1871 8,218 110 13-4 } 14-5 1872 8,457 148 17-5 ) 1873 8,457 130 15-3 ) - 1874 8,454 155 18-3 > 16-4 1875 8,572 135 15-7 ) 1876 8,667 102 11-7 ) 1877 8,866 118 13-3 > 11-8 1878 8,971 95 10-5 1 ^1880 9,126 *124 10-8 flSSl 9,184 1120 13-0 * Fifteen months ended 31st March, f Year ended 31st March. 87 Year Average Number of Female Convicts in each year Number of Deaths among the Female Convicts in each year Death rate per annum per thousand of Female Convicts Mean of each Triennial Period 1855 776 8 10-2 1856 810 15 18-5 ( 14-6 1857 922 14 15-1 1858 1,043 18 17-2 1859 1,188 11 9-2 ( 13-7 1860 1,269 19 14-9 1861 1,204 11 9-1 1862 1,211 8 6-6 ( 10-6 1863 1,303 21 16-1 1864 1,274 27 2M 1865 1,248 15 12-0 ( 16-9 1866 1,017 18 17-6 1867 1,007 12 11-9 1868 1,104 12 10-8 ( 11-7 1869 1,184 15 12-6 1870 1,190 23 19-3 1871 1,217 23 18-9 [ 17-4 1872 1,267 18 14-2 1873 1,175 31 26-3 1874 1,172 26 22-1 [ 20-7 1875 1,218 17 13-9 1876 1,247 24 19-2 1877 1,237 21 16-9 ( 16-1 1878 1,219 15 12-3 *1880 1,162 *12 8-2 tl881 1,113 tl5 13-4 Death rate of Female Convicts. * Fifteen months ended Slst March, f Year ended 31st March. 88 Entire aT)sence The history of the convict prisons for many of epidemics . p . in Convict jears past has shewn an entire absence oi epi- even though demics within thenij although virulent diseases exist in their (as has recently been the case with small-pox) close vicinity. ^ •! i ii p i i* may have prevailed among the tree population around them. During the progress of this epidemic through the country, though a few prisoners in some prisons took the disease, its course was speedily arrested through the pre- cautions taken by or on the recommendation of the medical officers — a fact which must bo taken to prove that conditions favourable to the development or propagation of disease do not exist in the prisons. Drainage and In the coustruction of the prisons the most ventilation very carefully careful attention is paid to the important attended to . p i • in the con- qucstious of drainage and ventilation. struction. Prison hospital. Every prison is provided with a hospital, into which a prisoner is taken as soon as the Medical Officer thinks it necessary. Invalid prisons. But the number of prisoners sentenced to penal servitude is largely composed of chronic invalids, requiring constant medical care, and incapable of exposure, or employment on public works. For these convicts special prisons are appointed, the principal ones being at Woking (which is constructed in a manner suited to 89 prisoners of this class), Parkhurst, and Dart- moor. The labour exacted of these prisoners is only such as the medical officer considers most suitable in each case. A discussion on the medical condition of the Dr. Guy on convict prison population will be found in Dr. dition of Con- Guy's pamphlet already referred to — '* Results population. of the Censuses of the Population of Convict Prisons in England, taken in 1862 and 1873;'' and in those parts of the Eeports of the Directors of Convict Prisons and of the Com- missioners of Prisons for 1881-2 which refer to the Census of 1881. As stated by the Commissioners of Prisons -in Prison ad- their Report for 1881-2, experience has shewn exposed totwo that those who administer prisons are constantly of critTcfsm^^ 111 • T i? 'J.' ' 1, neither tena« exposed to two opposing lines oi criticism: by tie. one set of critics the prisons are believed to be so conducted that they are injurious to the health and well-being of their inmates ; by the other, that the prisoners are made so comfortable and are so well cared for that prisons fail to deter from crime, even if they do not tend to promote it. Statistics shew that, at the present time, at all events, neither of these statements can be sustained ; a comparison of the number of the prison population in recent and former years gives no countenance to the latter supposition, and the good physical condition of those who 90 most often are inmates of them^stews that there is as little foundation for the former. Cost of prisons The cost of maintaining the prisons is detailed every year in the reports of the Directors and Commissioners. in gross. The following is a statement, as regards Convict Prisons, of the gross cost, and the cost per head for the last eighteen years, not taking into accoimt the value of labour done : — Year Average Number of Convicts Gross Expenditure Gross Annual Cost per Prisoner 1864 7418 £ 247,227 £ 8. d. 33 6 8 1865 7184 235,773 32 16 4 1866 6905 237,333 34 7 4 1867 7255 244,067 33 12 10 1868 7800 257,307 32 19 9 1869 8578 276,324 32 4 3 1870 , 9557 299,796 31 7 5 1871 9934 313,633 31 9 4 1872 10,323 317,287 30 14 9 1873 10,245 342,159 33 8 1874 10,316 344,793 33 8 5 1875 10,428 346,762 33 5 1 1876 10,512 350,567 33 6 10 1877 10,735 360,281 33 11 2 1878 10,789 350,487 32 9 8 1879 10,754 357,127 33 4 2 - 1880 10,452 351,130 33 11 11 1881 10,745 345,632 32 3" 4 91 A discussion intended to improve our means Question of of repressing crime would be very imperfect if crime^^S^aciies it was limited to mere questions of manage- mere^prSon ment of prisons, whether they be considered as "^^^^&®^^^*- places of punishment or reformation. The object is to prevent crime, and our view prevention of should first be directed to ascertain the sources j™^ ^^^* ®^" from which crime springs — those crimes (that is to say) which society has enacted laws to repress and determined to punish by the means under review. An investigation of this branch of the subject Probable would, I believe, show that all criminals mi^ht crime. be classed under one of the following heads : — 1. Those who have been brought up without care or education — many from their early years with criminal associates, and under care of parents of the criminal class. 2. Those who are in the way of earning an honest living, but who yield casually to temp- tation. 3. Those of the same class who deliberately adopt a course of crime, either from a liking for the excitement, or from impatience oi the slower gain of an honest life. 92 4. Those who, from mental or bodily in- capacity, find the difficulties of making a live- lihood so great that they resort to crime. 5. Those whose passions or evil habits have led to their committing crimes of violence. One law cannot be applicable to all these classes. How the first To stop the Supply of the first class, the law sourcG of crime must be should, and docs to somc cxtcnt, provide that children who are likely to fall into it should be withdrawn from the custody of their negligent or immoral guardians, and brought up at the public expense. The diminution of crime which has distinguished our records for some years past must without doubt be largely due to the successful operation of these laws. Young offen- The foUowing is an extract from the Report vkt Prisons, of the Dircctors of Convict Prisons for the year ended 31st March, 1882 :— ''In the observations made on the former Census, attention was called to the compara- tively large number of young persons among the convict prison population." "It is very remarkable to notice the pro- gressive change which has occurred in that respect, as shewn in the following table : — 93 Date 00 1^ 0 03 «D 00 u > Totals OnDec.31: 1871 .. 1 2,948 4,067 1,837 817 360 130 10,160 1872 .. 2,768 4,076 1,854 860 374 140 10,072 1873 .. 1 2,541 3,929 1,938 882 390 152 9,833 1874 .. 2,514 3,927 1,908 875 407 148 9,779 1875 .. 2 2,688 3,723 1,960 924 405 113 9,815 1876 .. 2 2,363 3,735 2,131 993 466 167 9,856 1877 .. 1 2,322 3,825 2,234 1,101 468 206 10,157 1878 .. 1 2,197 3,806 2,310 1,216 503 192 10,225 OnMar.31: 1880 .. 1 2,074 3,902 2,374 1,276 557 194 10,378 1881 .. . . 1,935 3,921 2,378 1,295 648 191 10,268 1882 .. 1 1,957 3,885 2,358 1,280 561 179 10,221 *^ By this it appears that while the total prison population has almost stood still for the last II years, being 10,160 on 31st December, 1871, and 10,221 on 31st March, 1882, which is, of course, equivalent to a decrease relatively to the total population ol the country, which has increased in that period from 22,712,266 to 26,250,000, the proportion of younger criminals has largely decreased. The number who are between 15 and 24 is now only 1,957, as com- pared with 2,948 in 1871. The number who are between 25 and 34 is practically the same, viz., 3,885 and 4,067; and the number above that age has increased from 3,144 to 4,378." ^^ A similar diminution in the proportion of younger criminals has occurred within the last 94 few years in local prisons ; and these facts tend, we trust, to sliew that the development of the criminal classes is being arrested by the better training which the younger members of the community now receive, and the care taken to direct those whose position and circumstances might lead them to take up with criminal courses, into a more wholesome condition of life." For those who give way to evil passions, and to the impulse to commit crime, a system of stern deterrent discipline, with inculcation of higher moral principles, is the thing needful ; but those who deliberately adopt a life of crime, might, I venture to think, after a fair chance had been once or twice given them, be properly locked up for very long periods, as the only way of protecting society against them, and preventing them from reproducing a class of criminals as bad as themselves. Institutions The institutions which, in Grreat Britain and intenaed to ' check develop- Ireland, are wholly or partially devoted to mentofthe ' J if J criminal the attempt to prevent the development of the classes. . . ... criminal classes, by subjecting to industrial training those who might be tempted to join them, or by the same means, to reclaim those who, having joined them, have subjected themselves to the penalties of the law, are, — 95 1. Reformatories, Industrial Schools, and Re- fuges, which are not aided by the State ; 2. Certified Reformatories and Industrial Schools, which are aided by the State. The first of these are maintained entirely by Uncertified private efforts, and they work only by persua- etc. sion, or by consent or desire of the parents and guardians. The number of the institutions, under various names, not certified, with their accommodation, 1871 and 1881, is stated in returns furnished by the Secretary of the Reformatory and Refuge Union, as follows : — 96 1— 1 t^ CO I-H t^ 1-H M E-i 00 • 05 • . CO • I-H • to ■< GO • T— ( • 00 • 1^- • OS . (XI I— 1 1 ■" (M OS 1—i 4 I-H I-H zo CO cq CO t^ ^?1 i-- CO 00 CO cq I-H CO 00 Oi 05 1-H CO CO "^^I 1-H cq I-H CO I-H I-H CO to CO 00 to ir- M S ^ 00 - r-H I-H 1-H cq OS CO Tf^ 00 1-H t^ ^ I-H CO I-H I-H 00 CO CO 'M to ^ ^ Tt^ 00 CO 1-H 1-H !>. to CO to ND (Inclij] the . O! 00 CO r^ 1-H (N r- ^ n 1-H c^ CO I-H 1-H ^ C<1 1-H cq 00 (M i:^ C 9 a -2 a ^2 a 'S a ^ a -a a 1 s 1 « 1 s a 12; Jz; S -S S S-5 PI Pi " O f-i 5-' ^ S ir2 li o i* o Pl-^ P o o : ■-' ^ Q ^ ^a'^d .d o: H CO cS ^ — ' rd O ■~ d s.a >.d .S <", »" no d d ^ d ^ d „dT3 tdcqcd 03 3a^ ^ o d ^ =« '-' 03 »• S • S)2ag td O 33,a rt ^ DIRECTIONS EOR THE USE OF THIS BOOK. 1. An Examination Book will be given to every prisoner under instruction. It is to be kept by tbe Scboolmaster, and to be issued to the prisoner at all Examinations. > 113 Immediately on the prisoner Joining the school, he is to be examined, and his work is to be entered in this book. If at this, or at any succeeding Examinations the prisoner is unable to use the book, the Schoolmaster will write a statement to that effect on each occasion, specifying the date, and affixing his signature. In case of the transfer of a prisoner, his Examination Book will be sent with him. 2. The following work is to be done, in this book, at each Examination : — {a) Exercises in Writing, in large, round, or small hand ; not less than two lines {b) An exercise in Dictation, about fifty words. (c) Exercises in Arithmetic, in the Standard to which the prisoner has attained two or three examples in each rule belonging to that Standard, and, if thought fit, some examples in the rules belonging to the previous Standards. 3. At the commencement of every Examination, the prisoner will write, op the page on which he is about to enter his work, his name and number, the name of the station, and the date. 4. The Chaplain or Assistant Chaplain will write one of the numbers I., II., III., IV., v., or VI., on each Exercise in Eeading, Writing, or set of Exercises in Reading, Writing, or set of Exercises in Arithmetic, that fairly comes under the Standard of attainment denoted thereby. 5. In completing the tables on the cover of this book, the pupjl is to be classed as having made progress, if he was not able to use a book at the last Examination, but can do so now. 6. The Standards will be those in use by the Committee of Council of Education. Appendix IY. Second Probation, Convict Prison Department, Home Office, Whitehall, 12th March, 1878. In order to guard against the contaminating influence of prisoners of bad cha- racter, the Secretary of State has approved the following arrangements : — 1. Any convict whose misconduct, after removal to a public works prison, proves that he has not profited by the discipline he has previously undergone, and shews that his character is such as to exercise a pernicious influence on other prisoners, may, besides any punishment to which he may be sentenced for any special offence, be ordered by the Directors to undergo a second period of probation, not exceeding nine months, and generally not less than six months, which period may be short- ened under the operation of the mark system. X 114 2. Convicts ordered to undergo second probation are to be located in a part of the prison assigned for tbe purpose, where they will be kept altogether separate from the general body of prisoners, and treated like prisoners in separate confine- ment undergoing the first portion of the probation class, except that they will continue to earn marks at the usual rate. 3. Such convicts, after passing through this stage of separate confinement, will not return to work among the general body of prisoners, but will, as a measure of prevention, but not as a punishment, continue to be kept apart from them, and be employed in separate working parties, until there is reason to think that they will no longer exercise a bad influence among the others. They will have the same opportunities as other convicts of earning the highest number of marks. 4. In such working parties may, as a measure of prevention, be placed prisoners who, without themselves incurring punishment, are yet known to exercise a bad influence over other prisoners. E. F. Du Cane. Appendix V. Extract from Report of Directors of Convict Piisons, 1879-80, sheicing the steps taken for formation of Special Class of Prisoners not versed in Crime. In devising arrangements intended to preserve the less hardened convict from the disadvantage of communication with those who are more skilled in crime, it may be accepted as certain that the fact of a prisoner not having a previous conviction re- corded against him affords very little guarantee that intercourse with him will be of a less corrupting character than with a prisoner known to have been previously con- victed, and that, on the contrary, many of the most dangerous and corrupting among the convicts have no previous conviction recorded against them ; nor could the risk of mixing thoroughly bad men with the others be guarded against by fixing on those who are convicted of bertain special crimes, such as receivers, &c., as the only exception to the rule by which prisoners convicted for the first time should be classed apart. It is therefore evident that whatever evils can be attributed to the corrupting influence of communications between convicts as they have been hitherto distributed would be felt with equal, perhaps greater, truth and force with regard to any prison containing convicts selected solely as not having been previously convicted, for such a prison would bring together the most cunning adepts in crime and the least cor- rupt. The desired object will not therefore be attained unless some more searching principle of selection be adopted ; in fact, instead of assuming that any prisoner not known to have been previously convicted, is comparatively uncorrupted, each case should form a subject of investigation and inquiry from the police, and others to whom the prisoner might refer for testimony as to his antecedents. * , * * * * * Such inquiries are being made as to prisoners who have not been transferred to a Public Works prison. Those who prove themselves to be proper objects for the 115 class proposed are being detained in a separate class at Millbank tUl their numbers have accumulated, so that they would fill a separate block of some Public Works prison, and that prison will be appropriated for the purpose as an experiment. It might be left to the Governor and Chaplain of the prison in which the convict passes his first nine months to bring forward for special consideration the case of any prisoner whose previous conviction may have taken place so long ago, or have been for some trivial offence, that he might be considered possibly eligible for this class. The mode of carrying on the inquiries referred to has been by transmitting to persons likely to be able to give reliable information as to a prisoner's antecedents, or to persons to whom the prisoner may refer, the form given in Appendix No. VI, with a request that they will fill it in. The anticipations which were formed of the necessity of such inquiries in order to ensure that the habitual criminal shall not find his way among those whom it is desirable to preserve, if possible, from his contaminating influence and from further progress in vice, have been fully justified by the result. It is also remarkable that in a great number of cases, in answer to question No. 5, the first step in crime is attributed to the convict having taken to drink. Appendix YI. Form of Inquiries made in the cases of Prisoners proposed to he 'placed in the Special Class of those not versed in Crime, H.M. Convict Prison, 188 Sir, Will you be good enough to obtain and furnish me, on this paper, at your earliest convenience, as full information as you can afford or obtain on each of the points detailed below, respecting the undermentioned convict. I am, Sir, your obedient Servant, Governor. Heg. No Name and Aliases Age Crime Complexion Hair Eyes Height Description of any peculiar marks, ^c. Bate and Place of Sentence Name /)• Reside7iee of Family and next of Kin Committal Conviction I 2 116 1. How many years back does the information extend ? 2. If not for more than seven years, from whom can information of an earlier date be obtained ? 3. Character as regards honesty 4. Character as regards industry 6. Character as regards sobriety 6. Means of lilvelihood 7. Class of life 8. Occupation 9. Mode and habits of life 10. Character of friends and associates 11. Names and addresses of any respectable persons who can give trustworthy information on the foregoing points Appendix YII. Instructions for the Treatment of the Prisoners placed in the Special Class of those not versed in Crime. It is to be clearly understood that the object is, that these men should, so far as possible, be treated like all other convicts ; only that they shall be kept absolutely and entirely separate from them, so that at no time may they come in contact with them directly or indirectly. You will have, therefore, to consider how you will locate them at work, at chapel, under punishment, when sick, at light labour, &c. Each of these once convicted prisoners, must have some distinguishing mark on his clothing, so that it may be known whether any of them is out of his proper place. Appendix YIII. System of Classification adopted for all Convicts received into the Public Works Prisons on and after 12th July, 1864. 22nd July, 1864. 1 . All stages and classes, as now existing, to be prospectively abolished for all convicts hereafter received into Public Works Prisons. 2. A convict, during the term of his imprisonment will be required to pass through the following classes, viz. : — Probation class, one year, during which they must earn, on public ^ works, 720 marks. Minimum mu- J 1 1 • 1 . -1 IT ! period, with Ihird class, one year, durmg which they must earn, on public \ good works, 2,92Q marks. I ^Sstx^?^ Second class, one year, during which they must earn, 2,920 marks. ! After which they will be eligible for promotion to the first class. 117 3. Every convict is thus required to remain in the prohation class for a minimum period of one year, reckoned from the date of conviction, of which nine months will be passed in separate confinement. 4. If his conduct and industry are good, he will then be promoted to the 3rd class, and so on to the 2nd, remaining in each a minimum period of one year. 5. Prisoners detained in separate confinement for misconduct cannot be promoted to the 3rd class until three months after they have become eligible for removal to public works. 6. The remainder of the term of his imprisonment will be spent in the 1st class, unless he is promoted to the special class, or degraded to any lower class. 7. These classes will be kept quite separate from each other in the prisons. 8. Convicts in the probation class will be subjected, while undergoing separate confinement, to the special rules and regulations approved of for the separate prisons. On removal to public works, they will continue in the probation class until they have completed twelve months, reckoning from the date of conviction, with good conduct. Prisoners in the probation class will wear the ordinary convict dress without facings. 9. Prisoners in this class on the public works will be allowed no gratuity, nor to receive visits, nor to receive or write letters, except one letter on reception from separate confinement ; they will be allowed one period of exercise on Sunday. 10. If their conduct and industry are either bad or indifferent, either in separate confinement or after their removal to public works, they will be detained in the probation class until they have earned an additional number of marks to that allotted to the period to be passed in probation, 11. Prisoners in the 3rd class will wear the ordinary convict dress with black facings. They will be allowed, — 1st. To receive a gratuity of 12s., being at the rate of Is. per month for 12 months, to be earned by marks during the time spent in this class, and if their conduct shews that they deserve it. 2nd. To receive a visit of 20 minutes' duration, once in six months, at such time as the Governor approves, care being taken that the stipulated number is not exceeded ; and both to receive and write a letter once in six months, provided their conduct hi that class has been good for at least two previous consecutive months. 3rd. They wiU be allowed one period of exercise during Sundays. 118 12. Prisoners in the 2nd class will wear tlie ordinary convict dress with yellow facings. They will be allowed, — 1st. To receive a visit of 20 minutes' duration, and both to receive and write a letter once in four months. 2nd. To receive a gratuity of 18s., calculated at Is. 6d. per month for twelve months, to be earned by marks during the time spent in this class, and if their conduct shews that they deserve it. 3rd. To be allowed choice of tea and 2oz. of additional bread instead of gruel. 4th. To have two periods of exercise during Sundays. 13. Prisoners in the Ist class will wear the ordinary convict dress with blue facings. They will be allowed, — 1st. To receive a visit of half -an -hour, and both to receive and write a letter once in three months. 2nd. Prisoners in this class will be allowed a gratuity of 30s., being at the rate of 2s. 6d. per month for twelve months, to be earned by marks until they have earned £'6 altogether. 3rd. To be eligible, if their conduct and industry are good, and if special circumstances should render it desirable, to be recommended on discharge for a further gratuity not exceeding £3. 4th. To be allowed the choice of tea and 2oz. of additional bread instead of gruel, and baked instead of boiled meat. 5th. To be allowed three periods of exercise on Sundays. No convict is to be promoted to the 1st class until he can read and write, except in special cases, which must be reported to the Director. 14. Prisoners in the special class will wear a blue dress. They will be eligible to be recommended for an extra remission not exceeding one week. 15. All prisoners on public works will wear a badge on the sleeve, which will shew the register number and sentence of the prisoner ; they will be of the same colour as the facings, except those of the probation class, which will be of the same colour as the clothing. For practical purposes in calculating the gratuities, the following scale may be adopted : — In the 3rd class 20 marks are equal to Id. In the 2nd „ ,, „ l^d. In the 1st „ ,» „ 2^d. 119 Convicts sentenced to cross-irons or to wear the parti-coloured dress, while under such punishment to be placed in the probation class ; after which they will return to their original class, unless the sentence specifies to the contrary. Convicts returned to public works from second probation in separate confinement will go through the classes in the same way as convicts first received from separate confinement. Appendix IX. DIET TABLES. Copies of the dietaries for male and female convicts, approved by the Secretary of State, in use on and after the 15th April, 1864. HARD LABOUR DIET FOR MALE CONVICTS. BREAKFAST. , . , , , . . (2 oz. oatmeal. 1 pint gruel, containing | , ^^ molasses. Bread. DINNER. Sunday 4 oz. cheese ; bread. 1^ , / With its own liquor, flatoured with ^ oz. on ay.. | \ onions, and thickened with y- oz. flour and j 5 02. beef (cooked) ^^^ ^^^ ^^.^^^ ^^^ potatoes left on the ay ( previous days, and I oz. pepper per cent. 1 lb. potatoes ; bread. . 8 oz. shins of beef (uncooked). Tuesday \ I ^ " pe^^^ barley. and > 1 pt. soup, containing < 2 ,, fresh vegetables. Friday ) ( -^ " f^^^ioi^s. ■^ ,, flour, andf oz. pepper per cent. 1 lb. potatoes ; bread. Wednesday 5 oz. mutton (cooked) Flavoured and thickened as above. 1 lb. potatoes ; bread. ( 1| oz. suet. Thursday.. lib. pudding, containin g. ... ( 8 ,, whole meal flour. ( 6| ,, water. 1 lb. potatoes ; bread. SUPPER. ^ oz. cocoa. f pint cocoa, containing I 2 ,, milk. I ^ ,, molasses. Bread. Bread per week 168 oz. Do. each week-day 23 oz. Do. each Sunday 30 oz. Salt per prisoner per day -^- oz 120 Note. — Prisoners in the 1st class may have tea (consisting of ^ oz. tea, f oz. sugar, and 2 oz. milk J, and 2 oz. additional bread in lieu of gruel, and the choice of baked instead of boiled beef. Prisoners in the second class may have tea (as above) and 2 oz. additional bread in lieu of gruel. HARD LABOUR DIET.— CHATHAM AND BORSTAL. BREAKFAST. 1 pint gruel, containing | i Bread 2 oz. oatmeal. ^ „ molasses. DINNER. / 4 oz. salt pork. Sunday 1 pint soup, containing j i ^'| onions. \ J ,, vinegar, f oz. pepper per cent. Bread. -]i;r 1 . / With its own liquor, flavoured with \ oz. '''' ^Ld 5 oz. beef (cooked) «^io^«> ^^^ thickened with | oz. flour ^ , J I ^ ' \ and any bread and potatoes leit on the csa ur ay ; ^ previous days, and f oz. pepper per cent. 1 lb. potatoes ; bread. f 8 oz. shins of beef (uncooked). I 1 ,, pearl barley. and [ 1 pt. soup, containing'^ 2 ,, fresh vegetables. Tuesday ) I 1 »> pearl barley and J Ipt. soup, containing-^ 2 ,, fresh v Friday ) I 1 ,, onions. (^ ^ ,, flour. I oz. pepper per cent. 2 oz. cheese ; 1 lb. potatoes ; bread. Wednesday 5 oz. mutton (cooked), flavoured and thickened as above. 1 lb. potatoes ; bread. !\\ oz. suet. 8 ,, whole meal flour. 6^ ,, water. 1 lb. potatoes ; bread. SUPPER. 1 pint cocoa, containing , I f ,, molasses. ( 2 „ milk. Bread. f oz. cocoa. Bread per week 168 oz. ., each day 24 ,, Salt per prisoner per day ^ ,, Note. — Prisoners in the \st class may have tea (consisting of \ oz. tea, f oz. sugar, and 2 oz. milk), and 2 oz. additional bread in lieu of gruel, and the choice of baked instead of boiled beef. Prisoners in the 2nd class may have tea (as above) and 2 oz, additional bread in lieu of gruel. 121 INDUSTKIAL DIET.— MALE CONVICTS. BREAKFAST. ( 5^ oz. cocoa, f pint cocoa, containing | 2 ,, milk. ' 2 n Bread. DINNER. Sunday .....*.. 4 oz. cheese ; bread. "With, its own liquor, flavoured with ^ oz. Monday • • • ) ( onions, and thickened with f oz. flour and > 4 oz. mutton (cooked) < and any bread and potatoes left on the "Wednesday , . . . ) r previous days, and f oz. pepper per cent. 1 lb. potatoes ; bread. / 8 oz. shins of beef (uncooked). T^^^^^y 1 pint soup, containing ^ » Csh veggies, including onions \ ^ ,, flour and f oz. pepper per cent. 1 lb. potatoes ; bread. ill oz. suet. 8 ,, whole meal flour. 6^ ,, water. ^ 1 lb. potatoes ; bread. Friday and Saturday ........ 4 oz. beef (cooked), flavoured and thickened as above. 1 lb. potatoes ; bread. SUPPER. ( 2 oz. oatmeal. 1 pint gruel, containing \ ^ ,, molasses. ( 2 „ milk. Bread. Bread per week 148 oz. ,, each week-day 20 „ ,, each Sunday 28 ,, Salt per prisoner per day ^ ,, LIGHT LABOUR DIET. BREAKFAST. 1 pint gruel, containing { | °- «t-^';_ Bread. 122 DINNER. Sunday 4 oz. cheese ; bread. . With its own liquor, flavoured with | oz. Monday \ I onions, and thickened with ^ oz. flour and > 4 oz. beef (cooked) . . < and any bread and potatoes left on the Saturday ) / previous days, and f oz. pepper per cent. lb. potatoes ; bread. 6 oz. shins of beef (uncooked). Tuesday \ i 1 ,, pearl barley. and > 1 pt. soup, containing ^ 2 ,, fresh vegetables. Friday ) ( ^ " o^^^^- |- ,, flour, and | oz. pepper per cent, f lb. potatoes ; bread. Wednesday 4 oz. mutton (cooked), flavoured and thickened as above. 1 lb. potatoes ; bread. if oz. suet. 4 ,, whole meal flour. 3| ,, water. 1 lb. potatoes ; bread. SUPPEK. !| oz. cocoa. 2 ,, milk. I ,, molasses. Bread. Bread per week 145 oz. ,, each week-day 20 ,, ,, ,, Sunday 25 „ Salt per prisoner per day | „ Note. — Frisoners in the 1st class may have tea (consisting of ^ oz. tea, f oz. sugar ^ and 2 oz. milk) , and 2 oz. additional bread in lieu of grtiel, and the choice of baked instead of boiled beef. Frisotiers in the 2nd class may have tea [as above) and 2 oz. additional bread in lieu of gruel. ORDmAKY DIET FOR FEMALES. BREAXPAST. i \ 07.. cocoa f pint cocoa, containing \ 2 , , milk V 2 Bread ^ molasses. DINNER. Sunday 3 oz. cheese ; bread. / With its own liquor, flavoured with \ oz, ,, , o Ai- / 1 j\ ) onions, and thickened with + oz. flour ^lo^^y 3 oz. mutton (cooked) ^^^^ ^^^, ^^^^^ j^^^ ^^ ^^^ ^x^yiou^ day, \ and I oz. pepper per cent. f lb. potatoes ; bread. 123 Tuesday 3 oz. beef (cooked), flavoured and thickened as above f lb. potatoes ; bread. Wednesday 3 oz. mutton (cooked), flavoured and thickened as above. I lb. potatoes ; bread. fl oz. 2 drs. suet. 6 ,, whole meal flour. 4 „ 14 drs. water, f lb. potatoes ; bread. Friday 3 oz. beef (cooked), flavoured and thickened as above. f lb. potatoes ; bread. !8 oz. shins of beef (uncooked). I 3 , , fresh vegetables, including onions. \ 4 >» f , , pepper per cent, f lb. potatoes ; bread. SUPPER. f2 oz. oatmeal, ^ ,, molasses. 2 „ milk. Bread. Bread per week 118 oz. ,, each week-day 16 ,, ,, „ Sunday 22 ^ Salt per prisoner per day ^ ,, 1^^ Women employed in washing or other exceptionally hard work, to receive daily an extra allowance of 3 oz. bread and 1 oz. cheese, as an intermediate meal between breakfast and dinner, and 4 oz. meat four times a week instead of 3 oz. Prisoners in the \st and 2nd classes will be allowed choice of tea (consisting «/ 1| drs, tea, with \ oz. molasses, and 2 oz. milk J, and 2 oz. additional bread instead of gruel for supper. Women, on attaining the \st class, may be allowed instead of the usual soup'day'' s dinner, 4 oz. baked mutton fi oz. without bone and after cooking J and^ lb. potatoesy the meat when served to be merely moistened by the gravy which comes from the cooking. SCALE OF DIET FOR ILL- CONDUCTED AND IDLE CONVICTS (MALE AND FEMALE). SCALE No. 1. 3 days or less 1 lb. bread with water, per diem. / 1 lb. bread with water, per diem; and 3 davs or more ) ordinary diet of prison for alternate j and equal periods not exceeding three \ days. This scale may be ordered for any single period not exceeding 1 8 days. Prisoners sentenced to No. 1 scale for 1 2 days may receive bread and water, alternating with ordi- nary prison diet, in periods of one, two, or three days, at the discretion of the Oovernor. 124 SCALE No. 2. Breakfast 8 oz. bread. f 2 oz. oatmeal. Dinner .... 1 pint stirabout, containing < 3 potatoes. ( Salt. Supper 8 oz. bread. This scale may he given for a period 0/ 21 days or less, but not to exceed 42 days. When ordered for more than 21 days^ the prisoner is to receive the ordinary prison diet during the fourth week. SCALE No. 3. Breakfast 8 oz. bread. !3 oz. oatmeal. 3 ,, Indian meal. 8 ,, potatoes. 8 ,, bread. Salt. Supper 8 oz. bread. This scale may be given for a period of 42 days or less, but not to exceed 84 days. When ordered for more than 42 days, the prisoner is to receive the ordinary prison diet during the seventh and eighth weeks. Appendix X. Penal Class Rules, June, 1865. 1. Penal Class prisoners will be confined in special cells, where strict silence is observed. 2. They will take exercise for about an hour a day, separately, in the presence of an officer. 3. They will be employed at such hard labour as may be ordered, in picking a regulated weight of oakum or coir, without instruments, or in some such occupation. 4. They will be restricted to a special diet for three months at least. 6. They will not be allowed to receive visits or letters, or to write letters. 6. They will be subject to the ordinary prison punishment for ordinary ofiences. 7. If specially recommended by the Governor on account of good conduct at the end of thici months, they will receive the ordinary prison diet. 8. If again specially recommended by the Governor, at the end of three addi- tional months, they will return to the ordinary cells. 125 9. They will be credited with marks at the rate of six per diem, 10. They should be examined by the Medical OflS.cer before placing them on punishment diet. 11. A special list of library books will be kept for the use of prisoners in the penal class, which will be approved by the Directors. Appendix XI. Transfer of hadhj conducted Prisoners to Separate Prisons for last three or six months of their Sentences, 24th March, 1865. It is in contemplation to transfer from the public works prisons to the close prisons, for the last three or six months of their sentences, such prisoners as by their contin- uous bad conduct on public works have shewn themselves to have failed to profit by the discipline to which they have been subjected, and to send in their places prisoners who have been in the close prisons more than nine months. You are therefore requested to send to this office, now and from time to time the particulars of men due for discharge in about three or six months, who you recommend to be so transferred, including particularly men whose licences have been revoked, men repeatedly re-convicted, and men who have forfeited all, or nearly all, of their remissions, and have persevered in a continuous course of misconduct. Appendix XII. Rules relating to Corporal Punishment, approved by the Secretary of State. Male Convicts. The following offences committed by adult male prisoners (that is, prisoners of 18 years of age and upwards) will render them liable to corporal pimishment : 1st. Mutiny or open incitement to mutiny in a prison ; personal violence to any officer or servant of the prison, or to a fellow-prisoner, or threats of such violence ; grossly offensive or abusive language to any officer or servant of the prison. 2nd. Wilfully or wantonly breaking the prison windows, or otherwise destroying the prison property. 3rd. "When under punishment in a dark, refractory, or ordinary cell, wiKully making a disturbance tending to interrupt the order and discipline of the prison, and any other act of gross misconduct or insubordination requiring to be suppressed by extraordinary means. 126 4th. Corporal pTinishment shall in no caso he awarded until after the inquiry upon oath, and in the presence of the prisoner, into the circumstances of the case. Full particulars of the inquiry shall, in each case, he entered in the Directors' Minute Book. 6th. The order for the punishment shall he entered in the Directors' Order Book, and the numher of lashes to he inflicted shall, in all cases, he stated in such order. 6th. In no case of corporal punishment shall the numher of lashes inflicted on an adult prisoner exceed 36. 7th. Corporal punishment to he inflicted with a **cat" or a hirch rod; the instruments, in hoth instances, to he previously approved by the Directors. 8th. The Governor shall attend all corporal punishments, and shall enter in his Journal the day and hour at which the punishment is inflicted, the numher of lashes given, and any orders which he or the medical officer may give on the occasion. 9th. The Governor shall have power to remit any portion of the numher of lashes awarded, after the infliction of two -thirds of the sentence. 10th. The medical officer shall attend all corporal punishments, and his instruc- tions thereon, for preventing injury to health, shall he obeyed. 11th Tn every case, before corporal punishment is inflicted, the medical officer shall ascercain that the prisoner is in a fit state of health to undergo punishment. Appendix XIII. Means of Restraint for Male and Female Convicts, 2]st Feb. 1870. The following orders respecting the use of the various means which have been from time to time authorised by the Secretary of State for restraining male and female convicts in cases of necessity are published with a view of securing uniformity of practice in the difi"erent prisons, and due responsibility in the employment of the means of restraint referred to. Articles authorised to be used for male convicts, and of which sealed patterns are to be retained in each prison. 1. Handcuffs. — Figure of eight, swivel or curb chain, not to exceed, for the pair, twenty- two ounces (avoirdupois) in weight. 2. Leg Chains or Cross Irons of forty-two inches in length, fastened at each end to an iron ring, large enough to admit of the rings being firmly riveted round each ankle ; not to be less altogether than 4^1bs. nor to exceed 61bs. in weight (avoirdupois) • 127 3. Bodij Belt, of double leather, sewn together, fastened lay a lock round the waist, with steel wristlets at equal distances at the sides to lock the wrists therein ; altogether not to exceed 4lbs. (avoirdupois) in weight. 4. Canvas Dress, made of No. 1 Navy Canvas, for convicts destroying their clothing ; not to exceed 121bs. (avoirdupois) in weight. Instructions for use op the Articles above detailed. The handcuffs, leg irons, and body belt, are to be used only when necessary as a measure of restraint, and not as a punishment. "Whenever it is found necessary to place the handcuffs on a prisoner (for any reason except for temporary use when such additional security may be usual), an order* is to be given on the Form 364d, specifying the date and hour when they are to be put on, and whether they are to be placed with the hands in front of the body or behind the back. The officer carrying out the order will state in the proper place on the form how the order was carried out, and the date and hour of removal or change of position of the handcuffs. If handcuffs are placed behind the back, they are to be removed to the front at meal times and bed times, and replaced after meals and on getting up. Should this means of restraint be used upon the recommendation of the medical officer, it is to be so stated on the order, and that officer will state his concurrence as to the mode and time of restraint being in accordance with his opinion of the necessity of the case. The Governor will enter in his Journal any case of a prisoner being placed under restraint, with the day and hour of that restraint being put on and taken off or changed in manner of application. A prisoner is not to be kept in irons by the Governor for a longer period than 72 hours,t without the written order of a Director, specifying the cause thereof and the time during which the prisoner is to be kept in irons, and whether irons or handcuffs are to be placed in front or behind, which order shall be preserved by the Governor as his warrant. Governors are empowered to use light steel connecting chains, for securing con- victs in cases of emergency, under such regulations, limitations and restrictions, as allowed in use of ordinary irons. • The order not to be given on mere report of miseonduct, but only after investigation of the necessity for doing so. ' + Reduced to 24 hours, and the prisoner is not again to be placed in irons, unless his conduct is such as to render it necessary, in which case a full report is to be made to the Directors. 128 Leg Chains or Cross Irons are to te used only "hy order of a Director,* and not to be kept on continuously for more than six months. They will be put on only in cases of attempt to escape or assault. The Body Belt to be used for restraining invalid convicts guilty of violent con- duct, but who cannot be subjected to the ordinary punishment inflicted on men in sound health. It is not to be continued for a longer period than may be necessary for the prisoner's own safety or that of others, and in all cases to be used only with the concurrence of the medical officer. The use of the body belt will be entered in the Governor's Journal, as in the case of irons, and also in that of the Medical Officer. The return of the cases in which the body belt is used, to be, as heretofore, sub- mitted quarterly, for the information of the Secretary of State, on the usual form. The Canvas Dress will be worn, by order of the Director, by convicts who destroy their clothing ; the date of the commencing and ceasing to wear it being duly en- tered in the Governor's Journal. For female convicts the handcuffs and canvas dress will be similar in description to those authorised for males. A separate sealed pattern will be provided. They will be used under the same restrictions as apply to males, by order of the Governor (when there is one), or in other cases by the Lady Superintendent. Female convicts whose peculiar form of violence requires that the legs shall be restrained, may have ankle straps placed on them of the following description, viz : — Ankle Straps, padded, of leather, to be locked round each ankle, connected with an iron ring, and with a long strap locked to a leather waist belt, locked round the waist over a loose jacket: weight altogether lib. 12oz. (avoirdupois). They are to be used by medical authority only, as a measure of restraint for female convicts who, in his opinion, might seriously injure themselves if not restrained by these means ; to be discontinued by the medical officer as soon as he is satisfied the prisoner will not injure herself, by being released from such restraint. Its use is to be duly recorded, both by the Governor or Lady Superintendent, and by the Medical Officer, in their respective Journals, and also by the Matron in charge of the punishment cells, giving date and hour of commencing, and date and hour of ceasing to be used. Medical cases under treatment in the Infirmarj'- are only to be restrained by the ordinary canvas strait jacket, upon the sole authority and discretion of the Medical Officer ; the length of time in use in each case being duly recorded in his Journal. E. F. Du Canb. •At whose visits a book containing the names of prisoners under this restraint is submitted for instructions as to its continuance or not. 129 ORDER FOR RESTRAINT. 364d , Prison. • Describe tlie Irons. + Insert whether in front of body or behind back. They are in any case to be placed in front during meals and bed- time. Date, . in' Prisoner, No to be restraine d by the wrists'^ • from this hour. To. Signature, To the Chief Warder and \ Principal Warder in charge I of Separate and Penal Class ( oeus. ; Irons, as above ordered, placed on Prisoner at Removed at m., the 18 Governor. day of .Warder in charge of, Appendix XIY. Copy of Letter addressed hy the Secretary of State to Chairmen OF Quarter Sessions, &c., requesting them to undertake the office of Visitor of Convict Prisons, Whitehall, 188 In the report of the Commissioners appointed to inquire into the working of the Penal Servitude Acts (presented to Parliament in 1879), they make a recommendation that arrangements should be made for the independent inspection of Convict Prisons by persons appointed by the Government, but unconnected with the Convict Prison Department, and impaid. ** Whilst," say they, "we have every reason to believe that the present Board of Directors have carried on the administration of the prisons in a satisfactory manner, and we think they deserve very great credit for the improvements which they have introduced into the system, we have, nevertheless, after much consideration, arrived at the conclusion that it would conduce to public confidence in the system, and would be a valuable safeguard against any abuses creeping into it, if means were taken to secure the inspection of the prison from time to time by persons appointed by the Government, but unpaid, and unconnected with the Prison Department." In makingthisrecommendation, the Commissioners expressly state that they have not overlooked the objections urged by persons of experience that such an arrangement would lead to a dual government, and would breakdown theauthority of the Directors. 130 Such would, undoubtedly, be the result if the unofficial visitors were allowed to exercise any power of interference with the actual administration of the prisons. This, however, the Commissioners expressly state to be far from their intention. What they really recommend is, that some gentlemen of authority and experience should be requested to undertake the duty of visiting the Convict Establishments, and reporting to the Secretary of State any matters which appear to them to require attention. That they should, of course, have free access to the convicts, and to every part of the prison, but that they should have no power to give any order, or to interfere in any way with the discipline or management. With this view thus taken by the Commissioners I entirely agree, and shall gladly do all in my power to give full effect to it. In the belief that in the interest of the public service you will not be unwilling to give the benefit of your assistance, I have the honour to request that you will as be good enough to undertake the office of Visitor of the Convict Prisons at for the ensuing 12 months, and that you will from time to time visit the prisons as you may think fit, and make either a general or special report to me. Any such report so made shall, I need hardly say, receive at my hands the most careful consideration. The Directors are desirous, and will be in every way ready to co-operate with you, and the Governor and other Officials will have full instructions that every facility shall be given and every courtesy shown. Free access will be given to all prisoners, and to all parts of the prison, and all the books will be open to your inspection at all reasonable hours. I have made a like request with regard to the same prisons, as joint visitors to I have, &c. Copy of Letter from the Secretary of State, appointing Visitors of Convict Prisons. Home Office, Whitehall, December, 1879. Sir, T have the honour to inform you that I have appointed you to the office of Visitor to Her Majesty's Convict Prison at for the 12 months ensuing, from the 1st of January next. The appointment of Visitors to Convict Prisons is an arrangement which I have adopted in order to give effect to a recommendation, in which I entirely concur, 131 made by the late Eoyal Commission on the Penal Servitude Acts in the Report, a copy of which accompanies this letter ; and in paragraphs of that Eeport you will find set forth the general objects which such visitation is intended to fulfil. Your duty, accordingly, will be, from time to time, as you may find expedient, to visit the prison, and to make inquiry as to the state of the prisoners, and discipline and condition of the prison, but to abstain, however, from giving any order, or inter- fering with the administration of the prison, which by statute is vested exclusively in the Directors of Convict Prisons, subject to the control of the Secretary of State. A book will be kept in the prison, in which you will insert such remarks or re- commendations as you may desire to make, and whenever you consider this course preferable, you will address a report to the Secretary of State, who will immediately pay attention to it. Your colleagues in the office with respect to Prison are And I have to request that you will, at your earliest convenience, confer with them, in order to arrange at such times and in such manner for the visitation of the prison as you may think fit, either together or separately. In addition to any special reports that you may make from time to time, the Visitors of the Prison should, at the end of the year, make a joint report to the Secretary of State, on the general state and discipline of the prison. The Directors of Convict Prisons are desirous, and will be ready in every way to co-operate with you, and the Governors and other officials will have instructions that every facility shall be provided and every courtesy shown, and free access will be given to all prisoners and all parts of the prison, and all books will be open to your inspection at all reasonable hours. I have, in conclusion, to request you to be good enough to take this communi- cation with you on the occasion of your first visit to the prison, in order to prevent the possibility of any imauthorized person obtaining an entry into the prison by pretending to be a visitor. I am, &c. Appendix XV. Regulations — Mark System. No. 146. 22nd July, 1864. 1. The time which every convict, under sentence of penal servitude, must hence- forth pass in prison will be represented by a certain number of marks, which he must earn by actual labour performed before he can be discharged. 2. No remission will be granted for conduct. It is only on condition of good conduct and strict obedience that convicts are allowed to earn by their industry a remission of a portion of their sentences. E2 132 3. If, therefore, their conduct is indifferent or bad, they "will be liable to be fined a certain number of marks, according to the nature and degree of the offence, and will thus forfeit by misconduct the remission they may have gained by their industry. 4. The scale of marks is — 8 marks per diem for steady hard labour, and the fuU performance of their allotted task. 7 „ „ a less degree of industry. 6 ,, ,, a fair but moderate day's work. 6. No remission is granted for the period passed in separate confinement, which is fixed at nine months ; a convict's marks are therefore to be calculated at the rate of six per diem, as commencing nine months from the date of conviction ; and any forfeiture of time incurred in separate confinement is to be added to his marks at the rate of six for every day forfeited ; but if he is detained through no fault of his own in a separate prison above nine months from date of sentence, he will be credited with eight marks per diem for the days he is so detained. 6. If by his industry on public works the convict gains eight marks per diem, and does not forfeit any for misconduct, he earns the full remission of one-fourth allowed by the Secretary of State. 7. When a convict is sentenced to forfeiture of time, a number of marks equal to the number of days forfeited multiplied by six is to be added to the whole number of marks he has to earn. As he can by his industry earn eight, he may thereby gain a remission of one-fourth of such forfeiture. 8. When a convict is sentenced to be degraded for a certain time to a lower class, he must remain therein until he has earned the full number of marks for that time, viz., the whole number of days multiplied by eight; such number of marks is not, however, to be added to the original number he has to earn for remission, but it represents the number of marks he must earn before he can return to his original class, unless the sentence specifies to the contrary. Convicts in the light labour class to be credited only with six or seven marks, according to their character and industry, unless specially otherwise ordered by the Dii:ector. [Jw order that each case may he considered in proper course^ lists are submitted monthly to the Directors^ of those prisoners who would be due for discharge on licence if they had not lost marks on light labour ; and these lists shew whether the marks lost were from absolute inability or unwillingness to perform hard labour. Those unable to perform hard labour from loss of a limb, or some other grave bodily infirmity^ are eligible for full marks without reference to the Directors.} 133 Convicts sentenced to separate confinement, or penal class, or while undergoing second probation, to be credited onlj'- with six marks per diem during that period. Convicts in hospital to be credited only with six marks per diem, which may be increased by special recommendation of the Governor to the Director. \_Subsequentl'y revised, so that no convict is to be credited with more than seven marlcs per diem, unless laid up from accident on the works, in which case special attention is to be called to those who for a long time suffer any loss under these rules. '\ The record of marks to be kept by the infirmary principal warder, and submitted to the medical officer, who will make such recommendation as he sees fit to the Governor. 9. On Sunday marks must be allotted for conduct alone on that day. \_The award is not to exceed seven marks, except when eligible for eight marks on week-days.'] 10. Any prisoner reported for idleness or misconduct at school will be liable, in addition to any other punishment, to be fined a number of marks proportionate to his offence. 11. Convicts, who by their inattention, do not profit by the instruction given them, and are found unable to read and write on emerging from the third class will forfeit their gratuity, which cannot be restored to them until they can do so. The power of the Governor to fine convicts for remission is limits to the equi- valent in marks of their present power of forfeiture*of time, viz., from one to four- teen days, the equivalent being from six to eighty-four marks ; and his power as to degradation of class is limited to three months, represented by 720 marks, which must be earned before the convict can regain his class, but which are not to be added to the total amount he has to earn for remission. Ke-convicted men will be placed in the same scale of remissions as other convicts, and if their conduct is meritorious their cases will be submitted for favourable con- sideration at the same period as other convicts ; but they will be more severely dealt with than other convicts if they misconduct themselves. [A subsequent order deprives convicts re-convicted a third time, under certain conditions, of the privi- lege of gaining a licence]. Convicts who by their misconduct forfeit the whole of their remission, will be liable to be kept in separate confinement during the last six months of their sentence Appendix XYI. Awarding and Recording the Marks gained hy Convicts. No. 335. 10th January, 1871. 1. The attention of Governors and Lady Superintendents is directed to the im- portance of paying constant attention to the details of the working of the system of marks, in order to ensure care m awarding and recording the marks gained by 134 convicts, and a proper check on the correctness of the entries of marks gained or forfeited. 2. No officer should he appointed to take charge of a party until the Governor is satisfied that he understands thoroughly the principle on which marks should he awarded, and shews he would he likely to carry out the system fairly and efficiently. The Governor should frequently satisfy himself that the officers continue to know and to perform their duty in this respect. 3. The Deputy Governors shall take every means of seeing that the warders in charge of parties award the marks fairly, and should, during their daily rounds on the works, examine and initial the hooks of a certain numher of parties every day, so that the fairness of the award of marks hy every officer in charge of a party may he checked hy them at least once in the course of the week. The principal warders should also daily examine and initial the hooks of the officers in their districts for the same purpose. 4. If it shall appear to them that an officer in charge of a party does not execute this duty efficiently, they shall report accordingly to the Governor, who shall take such steps as may he necessary. 5. No less care is necessary to ensure the correct entry in the penal record, and on the prisoners' cards of the awards and forfeitures. The Governor should himself, and by the Deputy Governor, frequently examine the entries to see that they are posted without delay, and that the clerks carry out their part of these duties with care and correctness. E. F. Du Oanb. Appendix XYII. Copy of Mark and Gratuity Card, Beg. No Name Total Number of Marks to be Earned, [428d] u % GAIN 1 d OR C? % LOSS :g .3 Quarter, 188 Quarter, 188 Quarter, 188 Marks Gratuity- Marks Gratuity- Marks Gratuity Total carried on . u ° GAIN 1 1 OR C? '^ LOSS 1 ^ - z Quarter, 188 Quarter, 188 Quarter, 188 Marks Gratuity Marks Gratuity Marks Gratuity . Total carried on 135 Appendix XYIII. Order of Licence to a Convict made under the Statutes 16 (§r 17 Vict., c. 99, 5. 9, and 27 8f 28 Vict., c. 47, s. 4. Whitehall, day of 188 Her Majesty is graciously pleased to grant to > who was convicted of at the for the on the day of 18 , and was then and there sentenced to be kept in Penal Servitude for the term of and is now confined in the Prison, Her Royal Licence to be at large from the day of his liberation under this order, during the remaining portion of his said term of Penal Servitude, unless the said shall, before the expiration of the said term, be convicted of some indictable offence within the United Kingdom, in which case, such Licence will be immediately forfeited by law, or unless it shall please Her Majesty sooner to revoke or alter such Licence. This Licence is given subject to the conditions endorsed upon the same, upon the breach of any of which it shall be liable to be revoked, whether such breach is followed by a conviction or not. And Her Majesty hereby orders that the said be set at liberty within Thirty Days from the date of this Order. Given under my hand and Seal, Signedf True Copy. \ Licence to be at large. Chairman of the Directors 'i of Convict Frisons. ) 136 THIS LICENCE WILL BE FORFEITED IF THE HOLDER DOES NOT OBSERVE THE FOLLOWING CONDITIONS. The holder shall preserve his Licence, and produce it when called upon to do so by a Magistrate or Police Officer. He shall abstain from any violation of the law. He shall not habitually associate with notoriously bad characters, such as reputed thieves and prostitutes. He shall not lead an idle and dissolute life, without visible means of obtaining an honest livelihood. If his Licence is forfeited or revoked in consequence of a conviction for any offence, he will be liable to undergo a term of penal servitude equal to the portion of his term of years which remained unexpired when his Licence was granted, viz., the term of The attention of the Licence holder is directed to the following provisions of " The Prevention of Crimes Acts, 1871 and 1879." if it appears from the facts proved before a court of summary jurisdiction that there are reasonable grounds for believing that the convict so brought before it is . getting his livelihood by dishonest means, such convict shall be deemed to be guilty of an offence against the Prevention of Crimes Acts, and his Licence shall be forfeited. Every holder of a Licence granted under the Penal Servitude Acts who is at large in Great Britain or Ireland, shall, within forty-eight hours of his liberation, per- sonally notify the place of his residence to the chief officer of police of the district in which his residence is situated, or to a constable or person appointed by him, and shall, whenever he changes such residence within the same police district, notify such change to the chief officer of police of that district, or to a constable or person ap- pointed by him, and whenever he changes his residence from one police district to another shall personally notify such change of residence to the chief officer of police of the police district which he is leaving, or to a constable or person appointed by him, and to the chief officer of police of the police district into which he goes to reside, or to a constable or person appointed by him ; moreover, every male holder of such a Licence as aforesaid, shall, once in each month, report himself personally at such time as may be prescribed by the chief officer of police of the district in which such holder may be, either to such chief officer himself or to such other person as that officer may direct, and such report may, according as such chief officer directs, be required to be made personally or by letter. If any holder of a Licence who is at large in Great Britain or Ireland, remains in any place for forty -eight hours without notifying the place of his residence to the chief officer of police of the district in which such place is situated, or to a constable or person appointed by him, or fails to comply with the requisitions of this section on 137 the occasion of any change of residence, or with the requisitions of this section as to reporting himself once in each month, he shall, in every such case, unless he proves to the satisfaction of the Court before whom he is tried that he did his best to act in conformity with the law, be guilty of an offence against the Prevention of Crimes Act, and upon conviction thereof, his Licence may in the discretion of the Court be forfeited^ or if the term of penal servitude in respect to which his Licence was granted has expired, at the date of his conviction, it shall be lawful for the Court to sentence him to imprisonment^ with or without hard labour, for a term not exceeding one year, or if the said term of penal servitude has not expired, but the remainder unexpired thereof is a lesser period than one year, then to sentence him to impri- sonment, with or without hard labour, to commence at the expiration of the said term of penal servitude, for such a term as, together with the remainder unexpired of his said term of penal servitude, will not exceed one year. Where any person is convicted on indictment of a crime, and a previous conviction of a crime is proved against him, he shall, at any time within seven years immediately after the expiration of the sentence passed on him for the last of such crimes, be guilty of an offence against the Prevention of Crimes Act, and be liable to imprison- ment with or without hard labour, for a term not exceeding one year, under the following circumstances, or any of them : — First. If, on his being charged by a constable with getting his livelihood by dishonest means, and being brought before a Court of summary jurisdiction, it appears to such Court that there are reasonable grounds for believing that the person so charged is getting his livelihood by dishonest means ; or. Secondly. If on being charged with any offence punishable on indictment or summary conviction, and on being required by a Court of summary jurisdic- tion to give his name and address, he refuses to do so, or gives a false name or a false address ; or, Thirdly. If he is found in any place, whether public or private, under such circumstances as to satisfy the Court before whom he is brought that he was about to commit or to aid in the commission of any offence punishable on indict- ment or summary conviction, or was waiting for an opportunity to commit or aid in the commission of any offence punishable on indictment or summary conviction ; or. Fourthly. If he is found in or upon any dwelling-house, or any building, yard or premises, being parcel of or attached to such dwelling-house, or in or upon any shop, warehouse, counting-house, or other place of business, or in any garden, orchard, pleasure-ground, or nursery-ground, or in any building or erection in any garden, orchard, pleasure-ground, or nursery -ground, with- out being able to account to the satisfaction of the Court before whom he is brought /or his being found on 9uch premises^ 138 Appendix XIX. Extract from the ^'Prevention of Crimes Act 1871," section 8. " Where any person is convicted on indictment of a crime, and a previous convic- tion of a crime is proved against him, the court having cognizance of such indict- ment may, in addition to any other punishment which it may award to him, direct that he is to he subject to the supervision of the police for a period of seven years, or such less period as the court may direct, commencing immediately after the expiration of the sentence passed on him for the last of such crimes." "Every person subject to the supervision of the police, who is at large in Great Britain or Ireland, shall notify the place of his residence to the chief officer of police of the district in which his residence is situated, and shall whenever he changes such residence within the same police district, notify such change to the chief officer of police of that district, and whenever he changes his residence from one police district to another, shall notify such change of residence to the chief officer of police of the police district which he is leaving, and to the chief officer of police of the police dis- trict into which he goes to reside ; moreover, every person subject to the supervision of the police, if a male, shall once in each month report himself, at such time as may be prescribed by the chief officer of police of the district in which such holder may be, either to such chief officer himself or to such other person as that officer may direct, and such report may, according as such chief officer directs, be required to be made personally or by letter." **If any person subject to the supervision of the 'police, who is at large in Great Britain or Ireland, remains in any place for forty- eight hours without notifying the place of his residence to the chief officer of police of the district in which such place is situated, or fails to comply with the requisitions of this section on the occasion of any change of residence, or with the requisitions of this section as to reporting him- self once in each month, he shall in every such case, unless he proves to the satis- faction of the court before whom he is tried that he did his best to act in conformity with the law, be guilty of an offence against this act, and upon conviction thereof he shall be subject to be imprisoned, with or without hard labour, for any period not exceeding one year." Extract from the " Prevention of Crimes Act 1879," section 2. ** Any person subject to the supervision of the police reqtdred under section eight of the Prevention of Crimes Act 1871, to notify his residence or any change of his residence to a chief officer of police shaU comply with such requirement by person- ally presenting himself and declaring his place of residence to the constable or per- son who at the time when such notification is made is in charge of the police station or office of which notice has been given to such holder or person as the place for re- 139 ceiving' his inotification, or>if tio such notice haB been giTjen, in diarge of the chief oflSce of such chief officer of police." " The power of the chief officer of a police district to direct that the reports re- quired by section eight of the Prevention of Crimes Act 1871 to be made by holders of licences and persons subject to the supervision of the police shall be made to some other person shaU extend to authorise him to direct such reports to be made to the constable or person in charge of any particular police station or office without naming the individual person." " Any appointment, direction, or authority purporting to be signed by the chief officer of police, and to have been made or given for the purposes of this Act, or of section eight of the Prevention of Crimes Act 1871 shall be evi- dence, until the contrary is proved, that the appointment, direction, or authority thereby made or given was duly made or given by the chief officer of police, and evidence that it appears from the records kept by authority of the chief officer of police that a person required as above mentioned to notify his residence or change of residence or make a report has failed to comply with such requirement, shall be prima facie evidence that the person has not complied with such requirement; but if the person charged alleges that he made such notification or report to any particular person or at any particular time, the court shall require the attendance of such persons as may be necessary to prove the truth or falsehood of such allegation.'' 1 *3 01 © 1q 1 •fl CQ d .:3 08 ^ o f. % »♦ >• OS o ■5 .S -s o 00 1 •4 m •c M 9 M M^ ^ •« •t & ^ o ,d 1 © 1 "1 1 1 1 o 00 I-l 4 1 1 § © 's> bo DQ •43 DQ o ^ %s OS ,?1 <£} a ;^ -?. o '■4^ f3 OE ."^ P< c ^ •-3 •« n3 © 1 ftj -S ■4-3 o I— 1 o 1 00 ^^ -4^ <»3 g < 1^ 1 • .§ •«*> .fci S u « Q d o i d •d o <4-) o g 2 DQ .9 1 o bo d •S PL < 0) > =3 1 > P-I © rd CO P4 © 00 e O • iH .d ^ S ^ T. v« ^ d © § to .*" -s Pi © d 5S P •c o 6 © OS 0^ CQ 1 CQ ?^ p) r3 © 5^ »> (d o Fl © -4J o ^ o ^ d ^ s" •s 00 ^ > d o 00 o 1 DQ o -4J .s -+3 d 1 -4-3 2 u o 1 □9 1— ( o ^ rd rd •M a CO .*^ a OS CO © 1— 1 d •iS Q 00 a? © s 1—4 -4J ^ a -s f^ 1 <1 d eg © 13 ^5 o i 13 'i "fl O -d 1 IS M Pi Cut mark right eye- brow, forehead, and right thumb Intended Resi- dence after Liberation P4 1 a o uoisiAJadng CO S Cf2 CO 1 to Offence for which Convicted Prison from which Liberated, and Date of Liberation 1- o M o Trade or Occu- pation si ^ o QOV^ o3 P< ea^a 3 ITBH i^qSpH 83V o ■> 0) O © fl'::^ 1 o © © »-l •c &=* & r-H M 142 Appendix XXI. Distinctive Marks Register, The manner in which this Eegister will serve to effect the identification of any person in custody who is suspected to be an Habitual Criminal, but who gives a name by which he cannot be traced in any volume of the Alphabetical Eegister, is as follows: — He should be carefully inspected, taking each region of the body in succession in the order indicated in the instructions — \_See Appendix XXII'\, and noting any important distinctive marks or peculiarities. The leading characteristics noted should then be searched for in the "Eegister of Distinctive Marks," and the names of the person or persons stated to have the particular mark or peculiarity observed should then be referred to in the "Alphabetical Register," and the fid.1 personal description and distinctive marks there given compared in succession with those of the person whose identity it is sought to establish. Should these be found generally to agree, further inquiries should be made, and evidence of identity obtained, by communication with the Prison from which the man is stated to have been liberated, or, if necessary, by reference to the Registrar of Habitual Criminals. The following example will illustrate the mode of using the Distinctive Marks Eegister : — Suppose that a person is in custody who gives the name of John Albury. He is suspected of having been an Habitual Criminal, but the name he now gives, or the alias under which he served the sentence, cannot be traced in any volxmie of the Alphabetical Register. The man is then inspected, and found to have lost his right leg. The Distinctive Marks Eegister is thereupon referred to under Division 8 (viz., "Thigh and Leg"), and in the volume for 1876 are found records of four persons who have sustained a loss of a similar nature. Their names are successively referred to iu the Alphabetical Eegister, and the general personal description and other distinctive marks recorded in each case are compared, in the order indicated above, with those of the person imder identification. These are found generally to correspond in the fourth case, viz., that of George Wainwright ; and particularly it is found that the person under identification has, besides, a cut on the back of the left hand, which mark is also recorded as borne by George "Wainwright. Applica- tion is thereupon made to the Governor of the Prison (Stafford county) from which George Wainwright was liberated, for the photograph, or for the assistance of a person acquainted with him ; and if the identity suggested is thereby further con- firmed, the steps necessary to prove it in the Court of Justice can be taken in due course. 143 Appendix XXII. Instructions for Exmniyiing and Describing Prisoners, 4th August, 1877. The following Instructions, applicable to the descriptive portions of the Penal Kecord and form *' E " of the Habitual Criminals Registry, are intended to ensure accuracy, uniformity, and completeness in recording the descriptions of Prisoners, and to direct attention to such personal peculiarities as may assist in identification. As respects the entries relating to — Date of Birth Flace of Birth Married or Single Trade or Occupation [which means the Trade followed while out of prison] — if there is reason to believe that the information given by the Prisoner is incorrect, a note should be made giving the most accurate information obtainable. The following list contains some of the chief characteristics and distinguishing peculiarities to be looked for in different regions of the bod}'-, and noted where they exist ; but when other permanent peculiarities of importance are found, they should also be noted, the terms used below being merely suggested as those most likely to be required, and not being intended to exclude any others which may more fitly apply in certain individual cases. The various particulars of form, colour, feature, &c., printed m italics, are those of which the entries are required in all cases to be made, beneath the headings respectively provided for them in the descriptive forms. Such other marks or peculiarities as may be found to exist should be entered under the heading "Distinctive marks and peculiarities" in the order indicated, the locality being specified as exactly as possible. The examination should be made by good daylight, and the result should be care- fully recorded. Height [without shoes]. Build, [or frame]. Froporfionate, lanhy, bulJcy, small, thickset, spare, stout bony, muscular, ^c. 1. Head and Face — Scars from scalp wounds (if extensive or deep). Scars and marks on face and forehead from kicks and cuts. Small growths or tumours. Lower part of face awry or disfigured by fractures or other injuries of lower jaw. Face drawn by paralysis. Deaf and Dumb. Complexion : Fale, ruddy, sallow, darJc, olive, copper, black, ^e. Sair : Brown (light, medium, or dark), red, grey, white, black, straight, wavy^ woolly, ^c. 144 Eyes: Blue, hazel, grey, dark, ^e. Prominent, sunken, squint, <3liseased, destroyed, or removed, (state whether right or left). Shape of face : Oval, broad, narrow, long, round, irregular, ^c. Nose : Flattened, broken, bent, distorted, marks of ulceration, &c. Ears : Prominent, ragged, partly removed, slit, pierced &c. Mouth : Harelip, cleft palate. FortheaT/ }« remarkable in any way. Other peculiarities of face and features. 2. Throat and Neck — Scars from abscesses. Scars from wounds. Enlarged glands. Enlarged throat (goitre, Derbyshire neck) 3. Chest — Tattoo-marks [including D., B.C., &c.] Moles or mother marks. Cupping marks. Blister marks. Scars from woimds, bums, or other injuries. Unusual growth of hair. Pigeon-breast or other deformity. 4. Belly and Groins — Tattoo-marks. Protruding navel, r Scars from wounds, bums, or other injuries (if extensive or deep). Rupture in one or both groins. Scars from old buboes. Scars or marks of any other kind (if extensive or deep). 5. Back and Loins — Tattoo-marks. Hump-back or crooked spine. Miners' marks. Marks of corporal punishment. Moles or birth marks. Cupping marks on loins or between shoulder-blades. Scars from wounds, bums, or other injuries (if extensive or deep). Hair about shoulder-blades. 145 6. Arm (riglit or left, upper arm or forearm) — Loss of one or both (partial or complete). Tattoo-marks. Distortion from fracture or dislocation. Contraction or stiffening of elbow or wrist. , Loss of power (with or without wasting). Scars from wounds or burns. 7. Hand and Fingers (right or left) — Loss of hand, thumb, or fingers (partial or complete) stating which. Tattoo -marks. Scars from injuries. Contracted or stiffened fingers. Enlargement of knuckles. Webbed or supernumerary fingers. 8. Thigh and Leg (right or left) — Loss of one or both (partial or complete). Tattoo-marks. Shortening or distortion. Loss of power (with or without wasting). Stiffened or deformity of hip or knee joints. Lameness from any other cause (if permanent). Knock or bowed knees. Fractured knee-cap. Scars from wounds, bums, or other injuries (if extensive or deep). Scars on the shins from old ulcers, kicks, &c. Varicose veins (stating extent). 9 Foot and Ankle (right or left) — Loss of one or both feet (partial or complete). Loss of any toes (stating which) . Stiffening or deformity of ankle. Webbed or supernumerary toes. Deformity of foot (club foot). E. F. Du Cane. U6 hH PH No .8 • § GO o so "Si O CO ^ 6 ?S S ^ Qi H.i CO §5 o H i-i « o O '^ o a o • 8:^09 J9Q JO 'sai^iuiag 6385 797 00 I-H •S;08J9QJO 'SOI^IUUIJUJ '89SB9ST(]; snou9s' -18^10 1669 168 CO 00 •;at?OH; JO 9S'B9ST(J 10 o> CO I-H CO »o CO •sSuTi'^^ JO gs'BasiQ; CO 1-H -^ CO CO to CO •B^njojog 00 U3 I-H 00 CO •iCsda-Qda 05 t--. CO CO •pUTUI ^[^9^ t-H o> •-H •(X|uo sas^BO ^ 00 I-H I-H CO I-H Pl o 02 ^ •jtioq^^ ^n^ JO J VS^£i •jnoqB'][ ^-qSi^; joj R.-\u.o %x^ 1-H C5 CO CO CO 1986 221 (M CO •jnoq^'3; pjBjj rajojjad 0^ ^Tj 6883 801 00 CO •suoi^oiAuoQ snoTAQid JO laqoiiL^ 29,472 6,849 36,321 6 o OS 1—1 •ajGAiosig; 1-H I-H .-H CO •puispji CO (M 00 CO •putJi^oog 00 T*< CO *s8I^Ai P^^ pn-B^Sng; 7517 833 kO CO 00 •spjBMcIn pu-B oi CO CO CO rH CO 1:^ 'Oi jeputi pa's 59 >0 CO r-H I-H 1-H •Q9 jepnti puT? 09 I-H CO (M (M '09 lapnn puB 99 C5 05 CO •99 jopnn pti-B 09 t^ C3S CO 10 '09 lapun pu^ 9f t- CO 1-H •9^ aapun puB of r-l 05 CO 00 I-H I-H 10 I-H 'Ot Japim pn-B 99 1239 173 (M I-H I-H •92 Japan put? 08 1643 182 W5 00 I-H 'OS Jopuii pu'B eg 1964 151 •0 I-H I-H CO •9^ J9pun paB 03 I-H t^ .-H in CO CO •OS jspim pTO 91 t^ CO l>- I-H I-H I-H •Q\ japuj^ 1 1 1 Males - Females 1 147 Remarks of the Medical Inspector on the foregoing Summary of Statistics, shelving the Mental and Physical Characteristics of Prisoners of the Habitual Criminal Class, On examining the figures of the Census of convict prisons, just completed, it appears that no less than three -fourths of the convicts are fit for hard labour ; while only about one-thirtieth (3*6 per cent.) are deemed, by the medical officers of prisons, to be unfit for any labour. An intermediate group of rather more than one-fifth (2,207, or 21*5 per cent.) are entered as fit for light labour. This group includes a large proportion of those who are returned as insane, weak minded, epileptic, scrofulous, or as siiffering from "other diseases or defects." Many o these may, of course, be employed with advantage to themselves at light in-door or out-door occupations. I do not know of any means by which it can be deter- mined whether the ratio of those who are fit for hard labour is above or below that of the general population ; but when hereditary defects, physical, mental and moral, are taken into account, together with degraded habits and unwholesome surrotmdings prior to conviction, the proportion of convicts fit for hard labour certainly appears large. It may, perhajps, be partly accounted for by the fac ascertained by Dr. Guy, that the "male convict population is made up of younger elements than those which compose the male population of England or London," and to which Sir Edmund Du Cane has drawn attention, as foll(tws : — " It appears, therefore, that (so far, at least, as regards serious crime) that part of the popu- lation which is between twenty-five and thirty-four years, or, perhaps, a little older, supplies far more than its proper proportion to the convict prisons. This may, therefore, be called the ' criminal age.' It appears also that the criminal age begins and ends later in females than in males." * Sir E. Du Cane goes on to remark that "the fact of the large decrease in crime continuously after the age of thirty-four, is well worthy of note ; whether it arises from the moral feelings being, in some individuals, developed later than ordinarily, or in a desire, after a certain age, for a quieter life than the risk and excitement of crime can offer ; but it would seem to warrant the inference that if those persons whose career evidences in them marked criminal tendencies could either be locked up or kept under supervision until they had passed, say, the age of forty, supplying thus, in the interest of the public, thit self-control in which they are obviouslj' deficient, a vast deal of crime would be put an end to ; for there can be little doubt that most of the undetected crime, which much exceeds that which is followed by punishment, is committed by persons of this class. Many of them might, thence- forward, become respectable members of society." • See " Results of Censuses of the Population of Convict Prisons in England, taken in 18G2 and 1873," by Dr. Guy, F.K.C.P., F.E.S., &c., with " Introduction " by Colonel Sir Edmund E. Du Cane, K.C.B., E.E., &c. Xi2 14« The figures of the Census tend to shew that, so far as health is concerned, Sir E. Du Cane's suggestion might be carried out without injury, if not with advantage ; for it may well be questioned whether three-fourths of any number of persons of the "criminal age," taken indiscriminately from the population of London, or of England, would be fit for the hard labour of quarrying stone, constructing break- waters, excavating in clay, making bricks, working in foundries, building, &c. Yet this is the character of the labour performed by three-fourths of the convicts, with low rates of sickness and mortality. The fitness for labour of the male convicts in this country, at the dates of the Censuses of 1862 and 1873, is shewn in the following table taken from Dr. Guy's report : — Fitness for Labour (males), 1862 and 1873 compared. Able-bodied . - - - Healthy, but not robust - Not healthy, but fit for light labour 111, and under treatment - 1862. 1873. 477 484 243 286 228 166 52 64 The convicts who are classed in the above table as "healthy, but not robust," would in many, if not in most cases, be employed at light labour ; and, as three- fourths of the convict population are returned in the Census of 1881 as "fit to per- form hard labour," it is reasonable to conclude that the bodily condition of the convicts has improved of recent years. In the group of 181 returned as insane are included not only those who occupy the lunatic wing of Woking Prison, but also those who, at the time the Census was taken, were scattered over the different prisons, awaiting certificates of insanity ; or, who were believed, as the result of observation, to be insane. The 190 "weak-minded" convicts present great and peculiar difficulties of management. They are composed largely of persons who are imbecile in different degrees ; and Dr. Guy has observed that they are roughly classified by their fellow criminals in. some parts of the country as " dozeys " and •' half -sharps." "It is these half- sharps " (says Dr. Guy)^ "cunning and keen of intellect, but stricken with moral imbecility in all that relates to the conduct of life, that created for us " (at ]Millbank) " the greatest of difficulties." It appears surprising that of the 10,261 convicts enumerated in the Census, only 238 are returned as scrofulous. If the return had made a distinction between those who were scrofulous on admission and those in whom the affection developed after- wards, it would have been seen how little scrofulous disease originates in the convict establishments. 149 The 656 cases of disease of tlie lungs include many cases of chronic bronchitis among the older convicts. Disease of the heart was found in 364 cases, and in by far the larger number of instances existed on admission. The cases returned as " other serious diseases, infirmities, or defects," include rupture, varicose veins, deformities and defects of the limbs, original and acquired, affections of the eyes and ears, hsemorrhoids, stricture, diseases of bone, ulcers affections of the skin, and many other affections which, though they cannot be regarded as fatal to life, yet incapacitate those who are the subjects of them for the performance of hard labour. It may, perhaps, be worth while to point out that the 10,261 convicts counted in the Census, all of whom are undergoing sentences varying from five years' penal servitude to penal servitude for life, are known to have incurred 36,321 previous convictions, many of them followed b}'" sentences of penal servitude. The facts of the Census, as well as those of the annual and other periodical returns, if considered alone and without reference to other facts, might be fairly taken to shew that convict prisons are establishments for maintaining some thousands of persons of the lowest moral ty^Q in the highest attainable degree of physical efficiency for preying upon the public. I have only to add that, in the preparation of the Census, the medical officers acted as the Enumerators of their respective prisons. (Signed) K. M. Govek, M.D., Medical Inspector. Appendix XXIV. Recommendations of the Royal Commission on the " Penal Servitude Acts, 1879." The Royal Commission on the ** Penal Servitude Acts 1879," make the following observations and recommendations : — " We are convinced also that severe labour on public works is most beneficial in teaching criminals habits of industry, and training them to such employments as digging, road-making, quarrying, stone -dressing, building, and brick-making, — work of a kind which cannot be carried on in separate confinement. It is found that employment of this nature is most easily obtained by convicts on their release, since men are taken on for rough work without the strict inquiries as to previous character which are made in other cases. " By far the most important work done by the convicts is that performed at the public works prisons. The magnificent breakwater and the fortifications at Port- land, the great basins at Chatham, and other similar works, which have been mainly executed by convict labour, testify to the skill with which the system of associated 150 labour has been directed, and are substantial proofs that convicts can be made to repay to the public a considerable part of the cost of their maintenance. "No doubt, even if it were not advantageous in a pecuniary point of view to employ convicts on public works of this nature, it would still be most desirable that such employment should be found for them as an essential part of penal discipline ; but it is far more satisfactory that their labour should, if possible, be profitably em- ployed ; and we have endeavoured, therefore, to ascertain how far the calculations of the convicts' earnings on public works which appear in the annual reports can be relied on as a real measure of the value to the country of the work done." Appendix XX Y. Evidence of the Financial Value of Convict Labour. 1. — Extracts from a Paper by Capt. Percy Smith, E».E., in the " Professional Papers of the Royal Engineers,^^ Yol. xvi.* " It is hoped that a consideration of the Appendices will show that the following results have been attained : — " 1. An average soldier in a working party, such as that shewn at page 95, does, in his working day of nine hours, about f , and a convict, in his working day of seven hours, about \, of what a civilian does in his working day of 9^ hours. [Appendix to page 93.]" " 2. In carrying out works, a party of soldiers working only five days a week "Would take about If times as long, and a party of convicts (working six days a week) about three times as long, as a similar party of civilians working six days a week. [Appendix to page 93.]" " There is no cost whatever really chargeable to the works for a convict, that is, the Department employing him has nothing to pay for him, but there is a certain extra expense which falls upon the country when he is employed upon works, in conse- quence of the extra supervision required, when he is out and away from the prison." " The cost of this extra supervision is assumed, upon the data given in Appendix 2, to be 6d. per diem. [Appendix 2 to page 96,] Combining this information with that before arrived at, we find— [see Appendix 3] — that, taking working pay only into consideration, the cost per unit of work done by the soldier is on an averai^e |, and of that done by the convict is— for extra supervision only, | of that done by the civilian . [Appendix page 96.]" "Many officers who may take the trouble to read these notes have doubtless had iiiore opportunities of seeing military and convict work than has the writer, whose • I believe the advantages of prison labour are somewhat under-estimated in this paper, because some of Captain Smith's data were taken "on the safe side." Also we now undoubtedly obtain better results tlian at the time these observations were made.— E, F. D. C. 151 experience is derived chiefly from the fortifications in the Portland district, from measurement and notes upon which the data furnished in this paper have been taken. On these works he is perhaps not in a position to give an unbiassed opinion, but still it may be stated with regard to Nothe Fort — built by soldiers — that the opinions of many impartial judges— inspecting officers, &c.— has been that the work is quite equal to that done by civilians, and it was reported on by the late contractor's fore- man as '* rather superior " to contract work. At Portland there are many buildings erected by convicts which stand side by side with, and cannot be distinguished from similar works built by civilians." ** The advantages of employing convicts on works are obvious. The hard work necessary for their punishment is made reproductive, it improves them physically, and is not of such a nature as to make them dogged and prevent mental improve- ment ; they acquire habits of industry, and in many instances pick up a trade or such knowledge of work that they qualify themselves to earn an honest living when their sentences expire. On the other hand, they work for very short hours ; they must be withdrawn from the work on foggy days for fear of escape ; they cannot be kept extra hours on an emergency ; they cannot be employed singly without great extra expense for superintendence, noi- can they be put into many positions of trust in which they may be required." " Again, if the same work had been done by convicts, we find by applying the information we have obtained, that the cost would have been as follows : — 'i'er cent. Materials (the same) 46 Labour, ^ the cost , 10 Superintendence 5 Plant, the same quantity, but deteriorating 3 times as long 3X3 = 9 per cent 9 Idle money, the same capital idle 3 times as long, and paying only 3 per cent., 2X3X5 3f Profit (the remainder) 25f 100" "In this case, again, the idle money is no loss to the Department employing the convicts, which moreover does not pay the 10 per cent, for extra superintendence. The real profit accruing to the Department is 26f -|- 3f 4~10 = 40 per cent." ' ' We see, therefore, in this particular instance of a casemated fort, that whereas by contract the Department would have to pay the full value of the work by employing military labour, a profit would result amounting to 28 per cent., and by convict labour a profit of 40 per cent." " It is evident that as the labour is the only item on which a saving can be effected, the more of it that can be introduced the greater the saving will be. The proportions given above are for a fort, the bricks and stone for which are purchased, but if the bricks are made, and the stone quarried by the cheaper labour, the profits of the brickmaker and quarryman are added to those of the builder, and the resulting profit is, for military labour 38| per cent., and for convict labour 54 per cent." 152 To find the average amount of work done hy the Soldier or Convict as compared ivith the Civilian ^ " From Appendices 1b., Ic, 1a., we see that the values at civilian rates of the work done in days of the lengths mentioned here — Hours Amount Soldier 9 3/2 Convict 7 1/7 Civilian 9| 4/8" " Therefore compared with a civilian, a soldier earns as 3/2 to 4/8 or ||, say f . Do. do. a convict do. 1/7 to 4/8 or ^f, say \. '* " But the soldier, besides working shorter hours, is at drill on Saturdays, and therefore only works f the number of days worked by the civilian, the whole amount earned or done by him in a week compared to that done by the civilian is therefore f X I = it = !•" " Therefore a military working party would take 1| as long to do the work as a similar party of civilians on day work, and as convicts work the same number of days as civilians, a convict working party would take three times as long as a civilian working party of the same strength." "From the above, we easily ascertain that in a day of 9| hours, the following would be the values of work done at civilian rates — CiviUan 4/8 Soldier ff X 3/2 .... 3/2 Convict il X 1/7 .... 2/2 " " The relative amounts of work done by civilian, soldier, and convict, in a day of the same length, are therefore as follows : — Civilian r 4/8 or 56.t 3 a> +3 8 d d a^ ^ «o '•d rT3H 1 C4 ■-H 1 <=> 1 1 1 1 e<» 1 1 -H CO 1 -^ 1 1 1 1 oX'BTOa^ Sui3l0j\\. a 1 c, 1 ^ « i-H 1 1 - 1 M l-H t^ Tj< e< 1 c< r' •-■ 1 «* 1 1 1 •^ 1 CO i-H 1 "'» 1 1 1 1 t^ ■nreqinj 1^ 1 II 1 1 1 fl 1 1 1 a 1 « 1 -H CO I i -^ - 1 1 1 1 o - - 1 >* sqqnjog ^ CO CO t^ 1^ 05 l-H ^ 1 t^ 00 I-H ■* CO i-H 1 >o 1 1 c» poojvuuoj^ '"' aiBH g « « "A CI »0 i-H I-H ^ CO >o C» CD t^ t^ C^ 1 ■»*< SuiiiOj\^ M ■<*< 1 ^ J CO ©« 00 c» t>. ^-1 ,-H l-» O OS Tl* ifS CO i-t d o >o q'|iiuiJUt>'4J.U(£ a CO t^ f) CO o g CO CO t^ . 05 oo Tt< Tt< ifS »0 5^ o 1 '=' I I 1 1 CO 'i^'Bqinw P^ 1 1 II 1 1 1 i-l 1 1 1 1 . eq 00 t-« i-H 0» OS CO T}< rH CD M n I-H 1 OS l^ 1-1 1 1 ^ 1 1 I 1 >o ^ ^ 1 ^ 1 1 1 1 n fcj O^ c» »0 i-l t^ I— M t>. t^ 0 rH '" •^ Establishments Governors, deputy governors, and lady superintendents Chaplains and assistant chaplains, Roman Catholic priests and Presby- terian clergymen Schoolmasters and scripture readers, and schoolmistresses .' Medical officers, assistant surgeons, anrl nnrnnpr .-.. 6C 03 n t o to ■^ "■ „ a U " National, British, ^c, with length of time at each. ) Day and year of birth 18 ... . Place of birth , , Height (without shoes) feet inches Height (without shoes) as measured ) ff at prison where inspected j in. Religion . , , , , , , , Trades or occupations of which the candidate has a knowledge Single or Married If married, number of children. Boys. .. .Girls.. , , Ages of Children. Boys Girls [Male candidates, who have ever served in the Army or Navy must give the following particulars of their service : — Regiments, Corps, Ships, &c Length of service at home years days. Rank on discharge Length of service abroad years days. Date of discharge . . , , 18 , . Cause of discharge (as stated on parchment certificate) Character (as stated on parchment certificate of discharge) * This application will not be considered unless the information herein required (which must t« filled up in the candidate's own handwriting) is completed in every particular. No. of good eondxiet badges If receiving any pension, state amount Names and addresses (in full) of two referees as to character {These should be responsible persons, well acquainted with you in private life). Name and address of medical practitioner who has generally- attended you or your family How soon ready for proposed duties P If free from pecuniary embarrassment ? State whether you have everbeen employed in, or a candidate for employment in, the Prison or any other branch of the Public Service, except the Army or Navy, and, if so, when, and nature of the situation. , Usual signature of candidate Full statement, in detail, of present and previous situations or employments, except Army or Navy, as detailed on the following pages. If you have ever been in any situation or situations,* state in full^ with dateSf the following particulars as to each. PRESENT SITUATION CIF ANY). 1 . Name and address of employer, &c ,..,..,, 2. Business, &c., of employer 3. Position held by you 4. Salary or wages, allowances, &c 5. Date of commencing duty LAST SITUATION. 1. Name and address of employer, &c 2. Business, &c., of employer 3. Position held by you 4. Salary or wages, allowances, &c 5. Length of stay (giving dates) . . From 18 to 18 . . 6. Cause of leaving Occupation in interval (if any) between present and last situation LAST SITUATION BUT ONE. 1. Name and address of employer, &c 2. Business, &c., of emploj-^er , • 3. Position held by you 4. Salary or wages, allowances, &c 6. Length of stay (giving dates) . . From 18 to 18 , , 6. Cause of leaving • Occupation in interval t LAST SITUATION BUT TWO. 1. Name and address of employer, &c 2. Business, &o., of employer • TMslff-irtteirded to include full details of any business or^employment, of tohatever kind (except tlie Army or Navy) in which, you may have been engaged. 161 3. Position held by you . . . • ...•,. , 4. Salary or wages, allowances, &c 5. Length of stay (giving dates) .... From 18 to 18 . . 6. Cause of leaving Occupation in interval LAST SITUATION BUT THREK 1. Name and address of employer, &c ....,,,, 2. Business, &c., of employer 3. Position held by you 4. Salary or wages, allowances, &c , 5. Length of stay (giving dates) .... From 18 to 18 . . 6. Cause of leaving Occupation in interval Opinion as to qualijications, testimonials, ^c, specifying for what situation, if any, the candidate is Jit, 433m. Kevised 6-3-79. Medical Report on the Case of Candidate for the Appointment of in the Prison Service. The attention of the Medical Examiner is specially directed to the following paragraph ; — [The Order in Council of 4th June, 1870, provides that no person shall be ap- pointed to any office or employment in any of Her Majesty's Civil Establishments until he shall be reported by the Civil Service Commissioners to have satisfied them that he is " free from any physical defect or disease which would be likely to inter- fere with the proper discharge of his duties." The Commissioners consider that by this provision the duty of satisfying them as to his eligibility is thrown upon the Candidate, and that, unless he can so satisfy them, they cannot grant their Certifi- cate. The benefit of any reasonable doubt which may exist must, they conceive, be given, not to him, but to the public. As long as there is such doubt it is impossible for them to say they are satisfied. The question should not be looked at as if the Candidate had a vested right to an appointment liable only to be divested on his being proved unfit. It is, in reality, whether he can gain a title by proving himself 162 fit, and the difference is so considerable that the Commissioners are anxious to keep it present to the minds of those to whom they apply for advice.] The Candidate must maJce the Statement required below in his own handwriting in the presence of a duly qualified and Registered Member of the Medical Frofession, who must witness his signature to the Declaration appended thereto* 1. State your name in full, 2. Have you ever suffered from : — Kheumatic fever ? Habitual cough ? Asthma ? Disease of the heart ? Spitting of blood ? Or other discharge of blood ? Or from any disease requiring confinement ? 3. Have you ever sustained any serious injury ? 4. Have you had small-pox ? 6. Have you, or any of your immediate relatives been afflicted with : — Consumption ? Gout ? Epilepsy ? . . Scrofula ? Asthma ? Insanity ? . . 6. Furnish the following particulars as to your parents : — Father's address and age (if living) and state of health ? Father's age at death, and cause of death ? Mother's address and age (if living) and state of health ? Mother's age at death, and cause of death ? I declare all the above answers to be, to the best of my belief, true and correct. Candidate's Signature^ , , , , , . . , Note. — Should any of the particulars furnished in answer to the above-mentioned queries be found to be false within the knowledge of the Candidate, his nomination will be cancelled ; or should he have been admitted to office, he will be dismissed. The wilful suppression of any material fact will be similarly punished. Signature of Medical Examiner in whose \ presence the above Declaration is made ) •••••••• •##.... Medical Examiner's Eeport. The Medical Examiner is requested to answer the following Questions after a careful inspection and examination of the candidate : — 1. Have you reason to believe that the Candidate's constitu- tional powers are in any respect defective or impaired ? •••...« 163 2. Is the chest "well formed, and is there an equal and full expansion of both sides of the chest on inspiration ? 3. Is the respiration natural, and are the respiratory sounds and resonance normal in every part of the chest ? 4. Is the Candidate free from disease of the heart and great blood vessels ? 5. Has the Candidate full power of motion of the joints and limbs ? 6. Has the Candidate any marks of cupping, setons, or issues, or any extensive cicatrices ? 7. Is the vision of both eyes good, and is the hearing good ? 8. Is the Candidate ruptured ? 9. Is the Candidate free from varicose veins and haemorrhoids ? \_If not free, please to state whether the injirmity exists, or is likely to develope so as to disqualify the Candidate in any degree for the performance of Prison duty.'\ 10. Has the Candidate been satisfactorily vaccinated ? 11. Are there any circumstances connected with the health or physical condition of this Candidate which, in your opinion, tend to render him unfit for an appointment in- volving constant fatigue and exposure to weather ? 12. Are you of opinion, after careful examination and con- sideration, that the Candidate is thoroughly fit for an appointment in the Prison Service ? Signed Professional Qualification Address Bate ica 164 Appendix XXIX. QtiaUfications for Prison Department, England, I. Clerks in Prisons 1 . Handwriting 2. Orthography 3. Arithmetic (including Vulgar and Decimal Fractions) 4. Copying Manuscript 5. English Composition 6. Indexing and Docketing 7. Book-keeping 8. Digesting Ketums into Summaries Candidates must pass in the first three subjects, and in three at least, of the remaining subjects II. Stewards (Ordinarily Clerks are promoted to this office.) III. Schoolmasters, 1. Handwriting and Orthography 2. Eeading 3. Arithmetic (including Yulgar and Decimal Fractions) 4. Grammar and English Language 6. Religious Knowledge (the Bible) 6. School Management 7. Two, at least, of the following, at the option of the candidate : [a] English History, {b) G-eography, (c) Elements of Geometry or of some branch of Mathematics, {d) Latin (translation) 8. Music (the ability to play some musical instrument, such as the organ or harmonium) IV. Deputy Superintendents in Female Convict Prisons . , 1. Writing and Orthography 2. Heading 3. Arithmetic (first four rules, simple and compound, and the arithmetical tables) 4. Elementary Grammar Limits of age Inferior Superior 20 30 25 42 25 40 25 40 165 Qualifications for Prison Department, England (continued). Limits of age Inferior Superior V. Schoolmistresses Handwriting and Orthography- Reading Arithmetic (including Rule of Three and Practice) Elementary Grammar Religious Knowledge of the Bible School Management Geography (elementary) Music (the ability to play some musical instrument, such as the organ or harmonium) VI. 1. 2. 3. 4. Lady Scripture Readers Scripture Readers , . . , . Handwriting and Orthography Reading Religious Knowledge (the Bible) Intelligence in communicating knowledge VII. Compounders, not holding certificates from the Pharma- ceutical Society 1. Reading 2. Writing and Orthography 3. Arithmetic (including the arithmetical tables, Reduc- tion, Practice, and Vulgar and Decimal Fractions) Appointments may be made under Clause VII. of the Order in Council of '^th June, 1870, i« the case of persons who have passed the major or the minor Examinations of the Fharmaceutical Society, VIII. Farm Bailiffs 1. Handwriting and Orthography 2. Arithmetic (including Rule of Three, Practice, and arithmetical tables) IX. Engineers, Clerks of Works, and Foremen of Works 1. Handwriting and Orthography 2. Arithmetic (elementary) 25 24 24 40 40 40 40 24 24 40 40 166 Qualifications for Prison Bepartmenty England {continued) . X. Matrons 1. Reading 2. Handwriting and Orthography 3. Arithmetic (Simple Addition and Subtraction) XI. Subordinate Officers— Division I. (including In- structing Warders, Trades' Warders, A-Ssistant- Warders, Messengers, Porters, Gasmen, &c 1. Reading 2. Writing 3. Arithmetic (Simple Addition and Subtraction) Limits of age Inferior Superior 23 24 40 XII. Assistant-Messengers , 1. Reading 2. Writing 3. Arithmetic (Simple Addition and Subtraction) XIII. Subordinate Officers— Division II, (including Civil Guards, Night Watchmen, Labourers, Assistant - Gasmen, and Assistant- Artizans) 1. Reading 2. Writing 14 42 20 Appendix XXX. 24 42 Inquiries made hy Civil Service Commissioners respecting Candidates. Civil Service Commission, S.W. a Candidate for appointment as having stated that I am directed by the Civil Service Commissioners to request that you will oblige them by filling up and returning to me, in the enclosed envelope '* Statement " hereto annexed. The postage need not be paid. I am to add that your answer will, if you desire it, be regarded as confidential, and that the word " Confidential " should in that case be written on the envelope. The favour of an early answer is requested. I am, your obedient Servant, T. Walronp. 167 Statement respecting , proposed to he appointed to the situation of QUESTIONS. 1 . Are you related to the candidate ? If so, wliat is the ) relationship ? j 2. Are you well acquainted with the candidate ? 3. From what circumstances does your knowledge of him j arise ? j 4. How long have you known him ? 5. What have been the places of his education ? 6. If he has been in your employment, will you mention the "I dates of his entering and quitting your service ? ] 7. If he has had other employment, can you give the names | and addresses of his employer ? ] 8. Is he strictly honest ? sober ? intelligent ? . . . . 9. What has been the state of his health since you have | known him ? j 10. Do you believe him to be free from pecuniary embarrass- "I ments ? / 1 1 . Has he, to your knowledge, been bankrupt or insolvent ? 12. Are you aware of any circumstance tending to disqualify him for the situation which he now seeks ? 13. Would you yourself trust him with employment requir- ing undoubted honesty, and would you recommend him for such to your personal friends ? ANSWERS. .diligent?. }•■ Signature. Address . Date Appendix XXXI. Superannuation, Ten-sixtieths of salary and allowances after 10 years' service, and one-sixtieth more for every additional year's service, up to a maximum of forty-sixtieths. No pension as a rule is awarded under ten years' service, but a gratuity calculated at one month's pay and allowances for each year's service. 168 Appendix XXXII, Sanitary Reports on Convict Prisons, and other Medical Reports, 20tli May, 1871. "With reference to tlie rules for Medical Ofl&cers, in which certain periodical inspections are ordered with a view to ensuring the health of the prisoners, and good sanitary condition of the prison, the Secretary of State has directed that in future a full and detailed Report of the sickness and mortality in each prison and of the sanitary condition of the prisons shall he made quarterly, according to the accom- panying form. The Monthly Report is also to be rendered, according to the enclosed Form, No. 458m. in lieu of 262 [Millbank and Brixton], and 458m. [other prisons.] The enclosed amended forms of " Medical History Sheet, No. 443m.," " Medical Statistics, No. 453m.," and '' Statement of Cases of Invalid Convicts, No. 451m.,'* are in future to be used in lieu of those heretofore furnished, the object being to improve the statistics and records of the health of the convicts, and of their medical treatment while in prison. The Medical Officers of the County and Borough Prisons have been requested to furnish a statement on the accompanying form, on the occasion of their sending an invalid convict to a Government prison. E. F. Du Cane. Sanitary Reports of Medical Officers, No. 4o8m. .Prison. 18 .. Sir, —I have the honour to report that according to the established rule, T, on inspected every part of the prison, to ascertain whether anything exists therein likely tobe injurious to the health of the prisoners, and especially whether the ventilation is sufficiently provided for and attended to, and have to report Having seen every prisoner, as directed, I beg to report as regards their present state of health that The Visiting Director. The following is the return of the number of Infirmary Sick, and of cases treated as casual sick in the wards of the prison during the month of 18 . . 169 PEtt CENTAGB Daily average number of prisoners « • * Daily average number of infirmary sick , Number of sick in the infirmary on the last day of last month Number admitted to the infirmary during the month Number in the infirmary on the last day of the present month Number of deaths during the month Number of cases of casual sick, including new cases and renewed applications I have the honour to be, Sir, your obedient Servant, Medical Officer. Sanitary Report of, Prison, for the Quarter ending the last day of, 18 Date. . , Medical Officer. 1. State whether the temperature of the air in the cells, and other parts of the prison, has been such as to promote the health of the prisoners, whether the apparatus for warming and ventilating is in good working order, and whether the officers appointed to regulate the ventilation and warming understand the action of the system in use, and have discharged those duties with care and efficiency. [Note. — The channels through which the fresh air is supplied should he examined periodi- cally, to see that they are cleanly. Therinometers should he fixed in every Eall or place occupied by prisoners, for tfie information of the responsible officers.'] 2. State whether the water has been sufficient in quantity, and of good quality. 3. State whether the food has been of good quality, and what changes, if any, have been made in the ordinary supply. 4. State whether the modes of preparation and serving up of the food have been according to order, and whether the cooking and baking are efficiently performed. 6. State whether the means employed to preserve cleanliness in the persons, the bedding, and the clothing of the prisoners have been sufficient. 6. State whether any nuisance has arisen during the quarter, from any defect of drainage or sewerage, or any want of cleanliness in the water-closets, sinks, urinals, or any other parts of the prison. 7. State whether any, and, if so, what other influences in the prison or its immediate neighbourhood have appeared to you to exercise an injurious effect upon the health of the prisoners, and what remedy you would propose. 8. State the condition of the subordinate officers' quarters with reference to— 1st, Cleanliness; 2nd, Drainage and Sewerage; 3rd, Water supply; 4th, Over crowding ; 5th, Local cause of diseases. 170 Appenpix XXXIII. Acts of Parliament. Subjoined is a list of the titles of the principal Acts of Parliament respecting, or which contain provisions respecting, the following subjects: (1) the Punishment of Oflfenders, Transportation and Prisons ; (2) Criminal Lunatics ; (3) Eeformatories and Industrial Institutions ; (4) the Prevention of Crime ; (6) Prison Charities, and Discharged Prisoners' Aid Societies ; and (6) the Pay, Pensions, and Commu- tation of Pensions of OflB.cers. Note. — There is no complete code of laws on the subject of convict prisons ; the various Acts of Parliament having been passed from time to time, as the system developed. (1). — The Pitnishment of Offendebs, Teansportation and Prisons. 1794. 34 Geo. III., c. 84. An Act for erecting a Penitentiary House or Houses for confining and employing Convicts. 1812. 52 Geo. III., c. 44. An Act for the erection of a Penitentiary House for the confinement of Offenders committed within the City of London and County of Middlesex ; and for making Compensation to Jeremy Bentham, Esq., for the n on- performance of an agreement made between the said Jeremy Bentham and the Lords Commissioners of His Majesty's Treasury respecting the custody and maintenance of Convicts. 1816. 56 Geo. HI., c. 63 An Act to regulate the General Penitentiary for Convicts at Millbank, in the County of Middlesex. 1819. 59 Geo. III., c. 136 An Act for the better regulation of the General Penitentiary for Convicts at Millbank. 1824. 5 Geo. IV., c. 84 An Act for the transportation of Offenders from Great Britain. 1825. 6 Geo. lY., c. 69 An Act for punishing Offences committed by Trans- ports kept to labour in the Colonies ; and better regulating the power of Justices of the Peace in New South Wales. 1827. 7 & 8 Geo. TV., c. 33 An Act for the further regulation of the General Penitentiary at Millbank. 1 W TV ' I ^* ^^ "^ ^^^ ^^ amend an Act passed in the fifth year of '' ^ His present Majesty for the transportation of offenders from Great Britain, and for punishing offences committed by Transports kept to labour in the Colonies. 1832. 2 & 3 Wm. IV. c. 62 An Act for abolishing the punishment of Death in certain cases, and substituting a lesser punishment in lieu thereof. 1834. 4 & 6 Wm. IV. c. 36 An Act for establishing a new Court for the trial of offences committed in the Metropolis and parts ad- joining. 1835. 5&6Wm. IV". c. 38 An Act for effecting greater uniformity of practice in the government of the several Prisons in England and Wales ; and for appointing Inspectors of Prisons in Great Britain. 1837. 7 Wm. IV., c. 13 An Act to amend the Acts for regulating the General Penitentiary at Millbank. 1837. 7 Wm. IV., \ 1 Vict., } 0. 90 1838. 1839. 1842. 1 & 2 Vict., 2& 3 Vict., 5& evict.. c. c. c. 82 56 22 1842. 1842. 1843. 5& evict., 6 & 6 Vict., 6 Vict., c. c. c. 29 98 7 1843. 1846. 6& 7 Vict., 9 & 10 Vict., c. c. 26 26 171 An Act to amend the La-w relative to Offences pun- ishable by Transportation for Life. An Act for establishing a Prison for young Offenders. An Act for the better ordering of Prisons. An Act for consolidating the Queen's Bench, Fleet, and Marshalsea Prisons, and for regulatiag the Queen's Prison. An Act for establishing a Prison at Pentonville. An Act to amend the Laws concerning Prisons. An Act to amend the Law affecting Transported Convicts with respect to pardons and tickets of leave. An Act for regulating the Prison at Millbank. An Act for abolishing the Office of Superintendent of Convicts under sentence of Transportation. 1847. 10 Vict., c. 24 An Act to empower the Commissioners of Her Majesty's Woods to purchase land for the purposes of a Harbour of Refuge and Breakwater in the Isle of Portland, in the County of Dorset. 1847. 10 & 11 Vict., 0. 67 An Act to amend the Law as to the custody of Offenders. 1848. 11 & 12 Vict., 0. 101 An Act to provide for the expenses of erecting and maintaining Lock-up Houses on the borders of Counties. 1848. 11 & 12 Vict., c. 104 An Act for amending the Act for regulating the Prison at Millbank. 1850. 13 & 14 Vict., c. 39 An Act for the better government of Convict Prisons. 1852. 16 & 16 Vict., c. 70 An Act for authorizing the occupation of the House of Correction recently erected by and for the City of London, at Holloway, in the County of Middlesex. 1853. 16 & 17 Vict., c. 99 An Act to substitute, in certain cases, other punish- ment in lieu of Transportation. 1853. 16 & 17 Vict., c. 121 An Act for providing places of confinement in Eng- land or Wales for Female Offenders under sentence or order of Transportation. 1854. 17 & 18 Vict., c. 94 An Act to alter the mode of providing for certain expenses now charged upon certain branches of the Public Revenue and upon the Consolidated Fund. 1854. 17 & 18 Vict., c. 115 An Act to amend the Law relative to the removal of Prisoners in custody. 1856. 19 Vict., 0. 16 An Act to empower the Coiurt of Queen's Bench to order certain offenders to be tried at the Central Criminal Court, 1857. 20 & 21 Vict., 0. 3 An Act to amend the Act of the sixteenth and seven- teenth years of Her Majesty, to substitute, in certain cases, other punishments in lieu of Transportation. 1869. 22 Vict., c. 25 An Act for the government of the Convict Prisons in Her Majesty's dominions abroad. 1862. 26 & 26 Vict., c. 104 An Act for the discontinuance of the Queen's Prison, and removal of the Prisoners to "Whitecross Street Prison. 1863. 26^&27Vict., c. 44 An Act for the further security of the persons of Her Majesty's subjects from personal violence. 1863. 26 & 27 Vict., c. 79 An Act for the amendment of the Law relating to the religious instruction of Prisoners in County and Borough Prisons in England and Scotland. 1864. 27 & 28 Vict., c. 47 An Act to amend the Penal Servitude Acts. 1866. 28 & 29 Vict., c. 126 An Act to consolidate and amend the Law relating to Prisons. 172 1866. 29 & 30 Vict., c. 100 An Act for the amendment of the Law relating to Prisons. 1866. 29 & 30 Vict., c. 109 An Act to make provision for the Discipline of the Navy. 1868. 31 Vict., 0. 22 An Act to amend the Law relating to places for holding Petty Sessions, and to Lock-up Houses for the temporary confinement of Persons taken into custody and not yet committed for trial. 1869. 32 & 33 Vict., 0. 71 An Act to consolidate and amend the Law of Bankruptcy. 1869. 32 & 33 Vict., c. 95 An Act to enable Military Offenders to be confined in Millbank Prison. 1870. 33 & 34 Vict., c. 23 An Act to abolish forfeitures for Treason and Felony, and to otherwise amend the Law relating thereto. 1876. 39 & 40 Vict., c. 42 An Act to amend the Law respecting certain returns from Convict Prisons. 1877. 40 & 41 Vict., 0. 21 An Act to amend the Law relating to Prisons in England. 1879. 42 Vict., c. 1 An Act to amend the Law respecting the holding of Assizes. 1879. 42 & 43 Vict., c. 55 An Act to reduce the minimum term of Penal Servitude in the case of a previous conviction, and to amend the Law with respect to the notifi- cations and Reports made under sections five and eight of the Prevention of Crimes Act 1871. 1881. 44 & 45 Vict., c. 64 An Act to remove certain doubts as to the appli- cation of section twenty -four of the Prison Act 1877, and enactments amending the same, to the Central Criminal Court District. (2). — Criminal Lunatics. 1800. 39 &40 Geo. ni., c. 94 An Act for the safe custody of Insane Persons charged with Offences. 1838. 1 & 2 Vict., c. 14 An Act to repeal so much of an Act of the thirty- ninth and fortieth years of King George III., as authorizes Magistrates to commit to Gaols or Houses of Correction persons who are apprehended under circumstances that denote a Derange- ment of Mind, and a Purpose of Committing a Crime, and to make other provisions for the safe Custody of such Persons. 1840. 3 & 4 Vict., C. 64 An Act for making further provision for the Con- finement and Maintenance of Insane Prisoners. 1842. 5&6 Vict., C. 84 An Act to alter and amend the Practice and course of Proceeding under Commissions in the nature of Writs De Lunatico Inquirendo. 1845. 8 & 9 Vict., c. 100 An Act for the Regulation of the Care and Treat- ment of Lunatics. 1853. 16 & 17 Vict., 0. 70 An Act for the Regulation of Proceedings under Commissions of Lunacy, and the Consolidation and Amendment of the Acts respecting Lunatics so found by inquisition, and their Estates. 1853. 16 & 17 Vict., c. 96 An Act to amend an Act passed in the ninth year of Her Majesty, for the Regulation of the care and treatment of Lunatics. 173 1853. 16 & 17 Vict., c. 97 An Act to consolidate and amend tlie Laws for the Provision and Kegulation of Lunatic Asylums for Counties and Boroughs, and for the maintenance and care of Pauper Lunatics in England. 1860. 23 & 24 Vict., c. 75 An Act to make better provision for the custody and care of Criminal Lunatics. 1862. 25 & 26 Vict., c. 86 An Act to amend the Law relating to Commissions of Lunacy, and the Proceedings under the same, and to provide more effectually for the Visiting of Lunatics, and for other purposes. 1864. 27 & 28 Vict., c. 29 An Act to amend the Act third and fourth Victoria, chapter fifty-four, for making further provision for the confinement and maintenance of Insane Prisoners. 1867. 30 & 31 Vict., 0. 12 An Act to amend the Law relating to Criminal Lunatics, 1869. 32 & 33 Vict., c. 78 An Act to amend the Law relating to Criminal Limatics. 1882. 45 & 46 Vict., c. 82 An Act for amending the^Lunacy Eegulation Acts. (3). — Eefokmatokies and Inditstrial Institutions. 1866. 29 & 30 Vict., c. 117 An Act to consolidate and amend the Acts relating to Reformatory Schools in Great Britain. 1866. 29 & 30 Vict., c. 118 An Act to consolidate and amend the Acts relating to Industrial Schools in G-reat Britain. 1870. 33 «fe 34 Vict., c. 75 An Act to provide for Public Elementary Education in England and Wales. 1872. 35 & 36 Vict., c. 21 An Act to amend the Law relating 'to Reformatory and Industrial Schools. 1873. 36 & 37 Vict., c. 86 An Act to amend the Elementary Education Act (1870), and for other purposes. 1874. 37 & 38 Vict., c. 47 An Act to extend the Powers of Prison Authorities in relation to Industrial and Reformatory Schools, and for other purposes relating thereto. 1876. 39 & 40 Vict., 0. 79 An Act to make further provision for Elementary Education. 1879. 41 & 42 Vict., c. 40 An Act to remove doubts with respect to the applica- tion to Scotland of the Prison Authorities Act 1874. 1879. 42 & 43 Vict., c. 49 An Act to amend the Law relating to the Summary Jurisdiction of Magistrates. 1879. 42 & 43 Vict., c. 48 An Act to amend the Law respecting the Powers of School Boards in relation to Industrial Schools. 1880. 43 & 44 Vict., c. 15 An Act further to amend the Industrial Schools Act 1866, and the Industrial Schools Act (Ireland) 1868. (4). — The Preyention of Crime. 1869. 32 & 33 Vict., c. 99 An Act for the more effectual Prevention of Crime. 1871. 34 & 35 Vict., c. 112 An Act for the more effectual Prevention of Crime. 1876. 39&40Vict., c. 23 An Act to amend the Prevention of Crimes Act 1871. 1879. 42 & 43 Vict., c. 55 An Act to Reduce the Minimum Term of Penal Ser- vitude in the case of a Previous Conviction, and to amend the Law with respect to the notifications and reports made under sections five and eight of the Prevention of Crimes Act 1871* 174 (5). — Peison Charities and Discharged Prisoners' Aid Societies. 1862. 25 & 26 Vict., c. 104 An Act for the discontinuance of the Queen's Prison, and removal of the prisoners to Whitecross Street Prison. 1862. 25 & 26 Vict., c. 44 An Act to amend the Law relating to the giving of Aid to Discharged Prisoners. 1869. 32 & 33 Vict., c. 56 An Act to amend the Law relating to Endowed Schools and other Educational Endowments in England, and otherwise to provide for the advance- ment of Education. 1882. 45 & 46 Vict., c. 65 An Act to make provision respecting certain Prison Charities. (6). — The Pay, Pensions and Commutation of Pensions of Officers. 1834. 4 & 5 Wm. IV., c. 24 An Act to alter, amend, and consolidate the Laws for regulating the Pensions, Compensations, and Allowances to be made to persons in respect of their having held Civil OflB.ces in His Majesty's Service. 1859. 22 Vict., c. 26 An Act to amend the Laws concerning Super- annuation and other Allowances to persons having held Civil Ofi&ces in the Public Service. 1866. 29 & 30 Vict., c. 39 An Act to consolidate the duties of the Exchequer and Audit Department, to regulate the Receipt, Custody, aud Issue of Public Moneys, and to provide for the audit of the accounts thereof. 1869. 32 & 33 Vict., c. 32 An Act to provide for the Commutation of Pensions payable to officers and other persons out of the sums voted by Parliament to defray the charges of the Army and Navy Services. 1871. 34 & 35 Vict., c. 36 An Act to extend the provisions of the Pension Commutation Acts 1869 & 1870, to certain public Civil Officers, and to consolidate and amend the said Acts. 1878. 41 & 42 Vict., c. 63 An Act to amend the Prison Acts of 1877, so far as regards the apportionment of certain Superannuation Allowances between the Treasury and the Local Authorities. 1882. 45 & 46 Vict., c. 44 An Act to authorize the Commutation of a portion of a Pension in pursuance of the Pensions Com- mutation Act 1871. Printed at Her Majesty's Convict Prison, Millbanki r-iiik' 1^*^' 1..- ^ W^ •KjJtr^'-''^^' i^^ •f. SsRiif RJltf^, ^#^^ •>v-MS!3' ^;^.>.-^ ^•^ ,#^^