An admirable site has been selected in the neighbourhood of Reigate, on which it has been proposed to erect a large central military prison for the accommodation of prisoners from Aldershot and the adjacent districts; for it must be borne in mind that the average force of the army in Great Britain and Ireland, which, in 1847, when the accommodation was settled, amounted to 67,000 men, has reached during the last four years the following strength, namely:-In 1858, 100,169; in 1859, 105,248; in 1860, 105,157; in 1861, 93,467. The erection of the central prison at Reigate is therefore urgently required, for there can be no question that the discipline of the army has been prejudiced by the delay in making proper provision for the punishment of offenders.

The military prisons in operation, in 1861, were as follow:-England: Chatham, Gosport, Weedon, Devonport, Aldershot. Scotland: Greenlaw (near Edinburgh). Ireland: Dublin. Cork, Limerick, Athlone. Abroad: Gibraltar, Quebec, Halifax (Nova Scotia), Montreal, St. Elmo (Malta), Vido (Ionian Islands), Bermuda, Mauritius, and Barbadoes. Making a total of nineteen military prisons, of which ten are in the United Kingdom, and nine at different foreign stations, the whole being capable of accommodating about 1,800 prisoners.

In 1861, there were admitted 6124 prisoners, being in the proportion of 6.56 per cent. to the force, against 4.08 per cent. in 1860. On an average there were 1084 prisoners in confinement per day, being 1·16 per cent. of the force. The average length of sentences was 57 days. The visitors inflicted for serious offences 20 corporal punishments-810 lashes, and sentenced 17 persons to solitary confinement, and 26 to separate confinement. The 6124 prisoners were of the following ages-844 under 20 years, 4706 from 20 to 30, 553 from 30 to 40, and 21 above 40. 6124 prisoners, 2418 had 2 years and under of service, 2939 under 7 years, 577 from 7 to 14, 173 from 14 to 21, and 17 above 21 years' service. The places of births of the prisoners were as follows-3513 English, 1999 Scotch, and 512 Irish; and the religion-3551 were Protestant, 448 Presbyterian, and 2125 Roman Catholics. The prison character of the prisoners was5559 good, 225 indifferent, and 340 bad.

Of the

The foregoing details exhibit a considerable variation in the prison statistics of 1861 as compared with those of the two previous years; the number of punishments for minor offences has been on the decrease during 1861. The average length of sentences was 99 days in 1849, and 87 in 1854, but it was reduced in 1855 to 77 days, in 1856 to 53 days, in 1857 to 49 days, in 1858 to 53 days, in 1859 and 1860 to 48 days, and in 1861 to 57 days.

The average force in 1861 was 93,467, and there were in this number 2432 desertions, or 2.61 per cent.; 1279 absences without leave, or 1.37 per cent; 736 guilty of drunkenness, or 0.79 per cent. ; 222 guilty of disgraceful conduct, or 0.24 per cent.; and 1455 guilty of other crimes, or 1.56 per cent. During the year crime has been slightly on the increase. The total charge for pay and allowances of prison officers and for the subsistence and washing of the prisoners was 22,4311. But the full pay and beer money of prisoners in confinement not issued amounted to 23,359%

In 1861, 2425 soldiers were recommitted, against 2380 in 1860, and 1806 in 1859.

It appears, however, that the number of recommittals was less than in 1852, although it might be expected that as the aggregate number of

soldiers who have been once committed must, year by year, increase for a considerable period after the first formation of military prisons, so the number of recommittals would multiply in a corresponding ratio. That this, however, has not been the case is more decidedly shown by the decrease of the average of total recommittals compared with the total number of admissions into the military prisons in 185, and is marked to a still greater extent by the decrease of the average of recommittals to the same prisons compared with the total number of prisoners admitted into each prison in 1852.

Drunkenness is, perhaps, the most fertile source of military crime, but the number of committals for this offence has decreased in the year 1861. In that year, in England, on an average force of 65,357 there were 626 committals for drunkenness, or in the proportion of 0.96 per cent., against 0.76 per cent. in 1860, and 0.53 per cent. in 1859. In Scotland, in an average force of 4114, there were 9 committals, or 0.22 per cent. against 0.34 per cent. in 1860, and 0.56 per cent. in 1859. And in Ireland, in an average force of 23,961, there were 101 committals, or 0.43 per cent., against 0.84 per cent. in 1860, and 0.84 per cent. in 1859.

From the abstract of the medical returns of the military prisons at home, it appears that the health of the prisoners during the year 1861 was satisfactory. The proportion of numbers treated for sickness to the total numbers in confinement in 1854 was nearly 21 per cent., whereas in 1855 it decreased to about 15 per cent.; in 1856 it was 17 per cent.; in 1857, 16 per cent.; in 1858, 15 per cent.; in 1859 and 1860 it was only about 13 per cent.; and in 1861, 12 per cent. This result seems to prove that the improved system of prison diet in operation at Aldershot since August 1858, and introduced into all military prisons at home in September, 1861, has had a beneficial sanitary effect.

By returns obtained from the army medical department, showing the average strength of the troops, the number of admissions into hospital, and the number of deaths in the several garrisons in which the military prisons at home are situated, during the years 1852, 1853, 1854, 1855, 1856, 1857, 1858, 1859, 1860, and 1861, it appears that in 1861, upon an average strength of 35,569, the admissions into hospital were 38,181, and the deaths were 289; which gives a ratio of admissions to the average strength of 107 per cent.; deaths, 0.82 per cent.; deaths to admissions of 0.76 per cent. The statistics of the nine military prisons at home show that upon an average strength of 1084, the numbers treated for sickness were 863, and the deaths were 2. This gives a ratio of admissions to the average strength of 79 per cent.; deaths, 0.19 per cent. ; deaths to admissions of 0.24 per cent. As stated in previous reports, there will always appear to be a greater number of cases treated in the prisons in proportion to the average strength than in the army at large, in consequence of the continual admission and discharge of prisoners, and of their endeavours to escape a portion of their punishment by coming forward for treatment upon slight grounds. This is proved by the fact, that of the 863 prisoners treated in the prisons at home during 1861, the greater part were not even placed in the sick ward; they were prisoners who came forward with slight ailments, for which the medical officer treated them without relieving them from the ordinary labour of the prison.

An improved scale of diet, which had been in use in the military prison at Aldershot since August, 1858, was provisionally adopted for prisoners engaged at hard labour in military prisons at home stations in September,

1861. The following is the scale: -Ordinary Diet.-The prisoners' diet, when not in solitary confinement, is to be as follows:- Daily, breakfast, 8 oz. of oatmeal, half-pint of milk. Dinner, 9 oz. of Indian meal, half-pint of milk. Supper, 8 oz. of bread, half-pint of milk. Diet in Solitary Confinement.-If in solitary confinement by sentence of a court-martial, or in separate confinement, or not employed at severe hard labour:-Daily, breakfast, 8 oz. of oatmeal, half-pint of milk. Dinner, 6 oz. of Indian meal, half-pint of milk. Supper, 8 oz. of bread, half-pint of milk. Diet after 56 days' Confinement. The following scale will be adopted for prisoners after 56 days' confinement :-Hard labour diet. Breakfast, oatmeal, 10 oz. ; dinner, Indian meal, 12 oz.; supper, bread, 8 oz. Solitary confinement diet. Breakfast, oatmeal, 8 oz.; dinner, Indian meal, 9 oz.; supper, bread, 8 oz., with half-pint of milk to each meal. On three days of the week, viz., Sunday, Tuesday, and Thursday, the prisoners' diet will be as follows:-Daily, breakfast, 8 oz. of oatmeal, half-pint of milk. Dinner, 8 oz. of beef, without bone, before cooking, 2 lbs. of potatoes or 8 oz. of bread, 1 pint of soup, thickened with 1 oz. of oatmeal, and 2 oz. of vegetables per man, seasoned with pepper and salt. Supper, 8 oz. of bread, half-pint of milk. With the exception of the first class, whose dinner on Sundays will consist of 10 oz. of beef, without bone, after cooking, with potatoes and soup as the others.

When it may be deemed necessary by the medical officer for the health of a prisoner to substitute occasionally bread for oatmeal or Indian meal, the following will be the proportion:-10 oz. of bread in lieu of 8 oz. of oatmeal; 12 oz. of bread in lieu of 9 oz. of Indian meal; 8 oz. of bread in lieu of 6 oz. of Indian meal. Bread and water for prison offences-1 lb. of bread daily, with such quantity of water for drinking as a prisoner may desire.

Notwithstanding the apparent effect of the punishment in causing a considerable average loss of weight, it is remarkable and satisfactory that the number treated for sickness during the year 1861 was proportionately less than in any year since 1850. ▸

The measures for the improvement of the condition of the soldier which have been and still are in progress, and the discharge of many of the worst characters from the army, must be allowed their due weight in judging of the present state of discipline by the amount of punishment. But a comparison of the number of sentences, previous to the establishment of military prisons, and at the present time, affords a very favourable indication of the change that has taken place. In 1843 the number of soldiers imprisoned at any one time under sentence by court-martial, in civil prisons, exclusive of those who might be in confinement by order of commanding officers, was in the ratio of 20 in 1000, and, at the same time, the number of corporal punishments amounted to annually about 5-2, making 25.2 per 1000. In the three years from 1851 to 1854 the number of imprisonments was reduced to eleven per 1000, and in the four years from 1850 to 1854 the average number of corporal punishments had been reduced to 2.5 per 1000, being a little more than one half in both cases, and making a total of 13.5 as compared with 25-2. During the year 1861 it will be found that the average number undergoing imprisonment at any one time in the military prisons and barrack cells amounted to 144, and the total corporal punishments in these years amounted to 1.5, making a total of 15.9 per 1000 as compared with 25.2 in 1843.

330

PUBLIC GENERAL STATUTES.

25° & 26° VICTORIA, 1862.

SERIES E.-LAW, JUSTICE, AND CRIME.

UNITED KINGDOM.

ISLE OF MAN.

CAP. XIV.-An Act to extend to the Isle of Man the provisions of the Act 18 and 19 Vict., chap. 90, as to the payment of Costs to and by the Crown. (16th May, 1862.)

HABEAS CORPUS.

CAP. XX.-An Act respecting the issue of Writs of Habeas Corpus out of England into her Majesty's Possessions abroad. (16th May, 1862.)

Writs of habeas corpus not to be issued out of England into any colony, &c., not having a court with authority to grant such writ. But this is not to affect the right of appeal to her Majesty in council.

WHIPPING.

CAP. XVII.—An Act to amend the Law as to the Whipping of Juvenile and other Offenders. (16th May, 1862.)

When punishment of whipping is awarded, such punishment must specify the number of strokes to be inflicted and the instrument to be used in the infliction of them, and if the age of the offender does not exceed 14 years, the number of strokes must not exceed 12, and the instrument used must be a birch-rod. No offender can be whipped more than once for the same offence, and in Scotland no offender above 16 years of age to be whipped for theft or for crime committed against person or property.

POACHING.

CAP. CXIV.-An Act for the prevention of Peaching. (7th August, 1862.) Constable to have the power to search persons without warrant if he has good reason to suspect of his coming from any land where he shall have been unlawfully in search or pursuit of game, or any person aiding or abetting such person, and having in his possession any game unlawfully obtained, or any gun, part of gun, or nets, or engines used for the killing or taking game, and also to stop and search any cart or other conveyance in or upon which such constable shall have good cause to suspect that any such game or any such article is being carried by any such person.

ENROLMENTS FOR THE CONVEYANCE OF LAND.

CAP. XVII.-An Act to extend the Time for making Enrolments under the Act passed in the last Session of Parliament, intituled, An Act to amend the Law relating to the Conveyance of Land for Charitable Uses, and to explain and amend the said Act. (16th May, 1862.)

CHANCERY REGULATIONS.

CAP. XLII.—An Act to regulate the Procedure in the High Court of Chancery and the Court of Chancery in the County Palatine of Lancashire. (17th July, 1862.)

The Court of Chancery to determine every question of law or fact incident to the relief sought. When questions of facts may be more conveniently tried at assizes, issues may be so directed. The High Court of Chancery may act with the assistance of a common law judge.

ENGLAND.

DISCHARGED PRISONERS' AID.

CAP. XLIV.-An Act to amend the Law relating to the giving of Aid to discharged Prisoners. (11th July, 1862.)

The justices to have power to grant certificates of approval of prisoners' aid societies, and to revoke or suspend them. When a prisoner is discharged from any prison, the visiting justices may accord the relief to be granted by the certified prisoners' aid society.

CAP. CIV.-An Act for the Discontinuance of the Queen's Prison and the Removal of the Prisoners to Whitecross Street Prison. (7th August, 1862.)

JURIES.

CAP. CVII.-An Act to give greater Facilities for summoning Persons to serve on Juries and for other Purposes relating thereto. (7th August, 1862.)

All registered pharmaceutical chemists and members of the Royal College of Veterinary Surgeons, managing clerks to attorneys, solicitors, and proctors actually practising, all subordinate officers in gaols and houses of correction, to be exempted from serving on juries. The clerk of the peace to issue precepts to parish officers by post. The justices clerk to send the jury lists to the clerk of the peace.

DIVORCE COurt.

CAP. LXXXI.-An Act to make Perpetual an Act to amend the Procedure and Powers of the Court for Divorce and Matrimonial Causes. (7th August, 1862.)

BANKRUPTCY ACT.

CAP. XCIX.-An Act to amend the Bankruptcy Act, 1861. (7th August, 1862.)

Certain offices were abolished, and allowances were granted to the officers. No judge of county courts to be capable of being elected or of sitting as a member of the House of Commons.