Bedding.

Solitary confinement when not employed.

Two kinds.

Labour.

Holidays.

Voluntary

hours and

payment therefor.

3. He shall be provided with a bed and pillow with sufficient covering, varied according to the season :

4. Every convict shall be kept in a cell by himself at night and during the day when not employed, except in case of sickness.

35. Convict labour may be of two categories:

1. Obligatory, viz: Every convict, except during sickness or other incapacity, shall be kept constantly at hard labour, the kind of which shall be determined by the Warden, every day not exceeding ten hours, exclusive of hours for meals, except Sunday, Good Friday and Christmas Day, and such other days as the Governor may set apart for days of fasting or thanksgiving, and such days as may be designated in the rules made by the Inspector in that behalf : Provided that no Roman Catholic convict shall be compelled to labour on any of the obligatory holidays of his Church; that is to say, Circumcision, Epiphany, Anunciation, Corpus Christi, Saint Peter and St. Paul, All Saints, Conception and Ascension, or other festival days of obligation.

2. Voluntary, viz: A convict of exemplary conduct, may labour; over be allowed by the Warden, if he see fit, to work over hours at such work as can be conveniently done in the institution, and at such rates as shall be fixed by the Inspector,-the value of which overwork, at such rates, may either be paid to the convict's family during his imprisonment, should he so desire it, or be credited to him in the books of the Institution, to be paid him on his discharge, subject, however, to any general rules which the Inspector may make upon the subject:

Letting out labour of convicts.

The convicts may be employed either in labour or at trades under the control of the Government, or their labour may be let out to a company or private person offering the requisite guarantees.

Prison rules.

No talking allowed.

Posting up rules.

PRISON OFFENCES.

36. The Inspector shall draw up a list of prison offences by way of general warning to the convicts as to their conduct in the prison, among which it shall specially be declared that no convict shall be permitted to speak to another convict upon any pretence whatever, nor to any officer or guard, or other servant of the institution, except with respect to the work at which he is employed, and then only in the fewest words and in a respectful manner. Such list of offences shall be printed, and a copy of the same placed in every cell of the penitentiary.

PUNISHMENTS.

PUNISHMENTS.

37. It shall be lawful for the Inspector, subject to the Inspector, approval of the Minister of Justice, to make, and from time with ap proval, to 'to time, to alter rules for the discipline and correction of make rules for convicts confined in any penitentiary, as hereinbefore pro- correction. discipline vided; but in case any convict is accused of having committed any offence, which, if proved, would be followed by Proviso. the infliction of corporal punishment or a remand to the penal prison, where such penal prison is established, it shall

cases.

be the duty of the Warden to make investigation upon oath Investigation into the facts of the case, before awarding such punishment in certain or remand, and to make a minute of the evidence taken by him, to be forwarded forthwith to the Inspector: Provided Proviso. also that the Surgeon of the penitentiary shall have certified that the prisoner is in a physical condition to bear such punishment, and that the Surgeon shall be present during its infliction, and that no more than sixty lashes shall be inflicted upon any prisoner for any such offence.

OFFICERS.

38. It shall be lawful for the Governor to appoint for any What'officers penitentiary a Warden, a Deputy Warden (who in the the Governor may appoint absence or incapacity of the Warden shall exercise all the for each functions of the Warden), a Protestant Chaplain, an Assistant penitentiary. Protestant Chaplain when required, a Roman Catholic Chaplain, an Assistant Roman Catholic Chaplain when required, a Surgeon, and an Accountant, all of whom shall hold their offices during pleasure; but the Inspector shall have power Power of summarily to suspend any of the above named officers for Inspector to suspend any misconduct, until the circumstances of the case, of which officer. the Minister of Justice shall be at once notified, have been decided upon by him; and the Inspector may, until such decision has been so intimated, cause any officer so suspended to be removed beyond the precincts of the prison; and generally General the Inspector shall have power and it shall be his duty, to powers. recommend the removal of any of the above-named officers whom he may deem incapable, inefficient or negligent in the execution of his duty, or whose presence in the l'enitentiary he considers detrimental to the interests thereof.

appoint cer

39. It shall be lawful for the Minister of Justice to Miuister of appoint for any penitentiary, a Schoolmaster, a Schoolmistress, Justice to a Storekeeper, a Steward, a Chief Keeper, who in the tain officers. absence or incapacity of the Deputy Warden, shall exercise all the functions of the such Deputy Warden, a Matron, a Deputy Matron, and such and so many trade instructors as may, from time to time, be required, to hold their offices during pleasure; but the Warden shall have power sum- Power of marily to suspend for misconduct any of the officers named Warden to in this section, until the next visit of the Inspector, when he of them. shall

suspend any

Warden may

appoint cerguards, &c, and suspend

or dismiss them.

As to pay in case of suspension.

Fines for neglect of duty.

Warden to be the chief executive officer; his power.

shall submit to him a report of the circumstances of the case, to be dealt with as to him may seem meet.

40. It shall be lawful for the Warden to appoint for any penitentiary, an Assistant Deputy Matron and a clerk, and such and so many keepers and guards and other servants as by order of the Inspector may be authorized, for the proper protection and care of the Institution, and to suspend any of them for neglect of duty, for such time as he shall see fit, or dismiss them, without further charge than that of inefficiency in his opinion, but such suspension or dismissal shall be reported forthwith to the Inspector.

41. The pay of every officer so suspended by the Inspector or by the Warden, shall cease during the period of his suspension; but the Minister of Justice shall nevertheless have power to direct payment of the same, if he sees fit.

42. It shall be lawful for the Warden to impose a fine payable in money, upon any officer or servant appointed by him or the Minister of Justice, for any act of negligence or carelessness by him committed, of such reasonable amount, not exceeding one month's pay, as the said Warden under the circumstances of the case may think fit.

43. The Warden of a pentitentiary shall be the chief executive officer of the same; and as such shall have the entire executive control and management of all its concerns, subject to the rules and regulations duly established, and the written instructions of the Inspector authorized by the Minister of Justice; and in all cases not provided for, and where the said Inspector cannot readily be consulted, the Warden shall act in such a manner as he shall deem most advantageous for the penitentiary; and he may be held responsible for the faithful and efficient administration of the affairs of every department of the institution: he shall reside in the penitenpenitentiary tiary; and shall receive such allowance of fuel and light as and have fuel and light. the Governor in Council may see fit to make.

To reside in

Convicts not to be, discharged at

excepty

their request.

DISCHARGE OF CONVICTS.

44. No convict shall be discharged from a penitentiary on the termination of his sentence, or otherwise, if labouring certain times, under any contagious or infectious disease; nor, unless at his own request, during the months of November, December, January, February, or March, nor if labouring under any acute or dangerous disease; but he shall be permitted to remain in the Penitentiary until he recovers from such disease, or until the first day of April following the termination of his sentence: Provided always that a convict remaining from any cause in a penitentiary after the termination of his sentence, shall be under the same discipline and control as if his sentence were still unexpired :

Proviso.

2. On the first day of April a list shall be made of all the Order of prisoners whose sentences have expired during the five pre- ciets in discharge of ceding months, and who may be still in prison, according to April. the dates when their sentences expired; and according to such order they shall be discharged, one convict on the said first day of April, and one on every day thereafter, until the whole shall have been discharged:

3. Whenever the term of any prisoner's sentence expires on Sentence a Sunday, he shall be discharged on the Saturday preceding, expiring on Sunday. unless he desires to remain until the Monday following:

convicts

4. Every convict under sentence for life or for not less Clothing and than two years, upon his discharge, either by expiration of money to sentence, or otherwise, shall be furnished, at the expense of discharged. the penitentiary, with a suit of clothing other than prison clothing, and with such sum of money as shall be sufficient to pay his travelling expenses to the place at which he received his sentence, and such other sum in addition, not exceeding twenty dollars, as the Warden may deem proper: should any sum remain at his credit for earnings for over- Money for work, such sum shall be paid to him at such times, and in over-work. such amounts, as the prison rules may direct.

PRISONERS' EFFECTS.

45. Every article found upon the person of a convict at Articles the time of his reception into the penitentiary, which may found on conbe considered worthy of preservation, shall be taken from to be kept for him and a description thereof entered in a book to be kept him. for that purpose; and if the convict does not see fit otherwise to dispose of it at the time, it shall be carefully put away until the day of his discharge, when it shall be delivered up to him again in the state in which it may then be; but the Warden shall not be liable for any deterioration which may have taken place in such article in the interval.

If at the time of his reception the convict desires to dispose If he desires of any such article and it is so disposed of, a memorandum to dispose of of the fact shall be noted in the said book, and signed by the any. proper officer having charge of the said book, and also by the convict; and any money received therefor shall be placed to his credit.

PRIVILEGED VISITORS.

right of

The following persons, other than the Inspector or Who shall person or persons specially appointed by the Minister of have the Justice, may visit any Penitentiary at pleasure, namely, visiting. the Governor General of Canada, the Lieutenant Governor of any of the Provinces composing the Dominion of Canada, any Member of the Privy Council of Canada, any Member of the Executive Council of any of the said Provinces, any

Member

Punishment of persons trespassing on Peniten

Member of the Parliament of Canada or of any of the Local Legislatures, any Judge of any Court of Record in Canada or in any of the said Provinces, and any Queen's Counsel; but no other person shall be permitted to enter within the walls where the prisoners are confined, except by the special permission of the Warden, and under such regulations as the Inspector may prescribe.

47. Any person who is found trespassing upon any grounds, buildings, yards, offices or other premises whatsoever belonging or pertaining to any penitentiary, or who tiary grounds. enters the same, not being an officer or servant of the said prison, or authorized by leave of the Warden, shall, upon conviction thereof before a Justice of the Peace for the city, county or district in which such penitentiary may be situate, be adjudged to pay a fine not exceeding for the first offence ten dollars, to be recovered in the usual way; or in default of payment, the offender may be sent to the common gaol, with or without hard labour, for any period not exceeding one month; and for a second or subsequent offence, the offender may be fined in any sum not exceeding fifty dollars, to be recovered in the same usual way, or in default shall be liable to imprisonment, with or without hard labour, for a period not exceeding three calendar months.

Inquests on convicts dying in a

CORONER'S INQUESTS.

48. Whenever a convict dies in a penitentiary, and the Inspector or the Warden, or the Surgeon, or a Chaplain, have penitentiary. or any one of them has reason to believe, that the death of such convict arose from any other than ordinary causes, it shall be their or his duty to call upon a coroner having jurisdiction, to hold an inquest upon the body of such deceased convict; and upon such requisition by one or more of the officers above named, the said coroner shall hold such inquest, and, for that end, he and the jury and all other persons necessarily attending such inquest, shall have admittance to the prison for that purpose.

How the body shall be disposed of.

DECEASED CONVICTS.

49. The body of every convict who dies in a penitentiary shall, if claimed by the relatives of the deceased, be given up to and shall be taken away by them; but, if not sɔ claimed, the body may be delivered up to an Inspector of Anatomy, duly appointed under any Act authorizing such appointment, or to the professor of Anatomy in any college wherein medical science is taught; or if not so delivered shall be decently interred at the expense of the institution.

FEMALE