[Preamble.]
[S. 1. rep. 36 & 37 Vict. c. 91. (S.L.R.); s. 2, providing for appointment of boards of superintendence, rep. 53 & 54 Vict. c. 51. (S.L.R.)]

The board empowered to visit all prisons, and to examined them, and the conduct of the officers, &c.;                                                                                3. It shall and may be lawful for such board of superintendence to inquire concerning the due performance of the rules and regulations in and by this Act prescribed and required to be observed in prisons throughout Ireland; and also concerning the due performance of such other rules and regulations as may have been or may from time to time be made by or under the authority of his Majesty’s Court of King’s Bench in Ireland, or with the approbation of any one or more of the judges of the said Court of King’s Bench as herein-after mentioned; and also to examine into the state and repair of the buildings, the conduct and situation of the prisoners in every or any such goal, bridewell, house of correction, or other prison respectively, and of all persons concerned in the government or management thereof, or holding any office or employment therein or relating thereto respectively; . . . and if it shall appear to the said board by evidence on oath or otherwise that the persons concerned in the government or management of any such prison or any of them, or any person holding any office or employment therein or relating thereto, have misbehaved therein by any neglect or breach or non-observance of the rules and regulations, or any of them, to which they were respectively bound by law to conform, then it shall be lawful for such board of superintendence, and they are hereby authorized and empowered, to make a report respecting such misbehaviour to the next going judge of assize, and to the grand jury at the next assizes.

and report misbehaviour of officers to judge of assize and grand jury.

[S. 4 rep. 19 & 20 Vict. c. 68. s. 4; s. 5 rep. 40 & 41 Vict. c. 49. s. 26.]

For providing distinct apartments, yards, and other accommodations for different prisoners.                                                                                6. Every goal, bridewell, marshalsea, penitentiary house, house of correction, sheriff’s prison, and other prison in Ireland, of what nature or kind soever the same shall be, shall consist at the least of two separate parts, one for male and one for female prisoners, with a complete division between them, so as to prevent any intercourse between the said male and female prisoners; and to each of the said parts there shall be annexed and belong a yard of sufficient dimensions to enable the said prisoners to have the benefit of fresh air and exercise therein; and in every such yard there shall be a necessary house or privy to which such prisoners respectively shall have free access at all times, so far as the same can be consistently with the safe keeping of such prisoners; and there shall be in every such yard a supply of good water; and in every such prison there shall be a common hall for males, and another for females; and in every county goal or house of correction the most effectual means shall be adopted for the security, classification, health, inspection, employment, and religious and moral instruction, of the prisoners; the building shall be so constructed or applied, and the keepers and officers apartments so situated, as may best ensure the safety of the prison, and facilitate the controul and superintendence of those committed thereto; distinct wards and dry and airy cells shall be provided, in which prisoners of the several descriptions and classes herein-after enumerated may be respectively confined; and it shall be considered as a primary and invariable rule that the male prisoners shall in all cases be separated from the female, so as to prevent any communication between them; provision shall be made for the separation of prisoners into the following classes:—If a goal, first, debtors and persons confined for contempt of court on civil process; secondly prisoners convicted of felony; thirdly, those convicted on trial of misdemeanors; fourthly, those committed on charge or suspicion of felony; fifthly, those committed on charge of misdemeanors, or for want of sureties:—If a house a correction, first, prisoners convicted of felony; secondly, prisoners convicted upon trial of misdemeanors; thirdly, those committed on charge or suspicion of felony; fourthly, those committed on charge of misdemeanors; fifthly, vagrants:—Places of confinement shall also be set apart in every gaol and house of correction for such prisoners as are intended to be examined as witnesses in behalf of the crown in any prosecutions; and such further means of classification shall be adopted as shall be deemed conducive to good order and discipline; separate infirmaries shall be provided for the two sexes; and warm and cold baths or bathing tubs shall be introduced into such parts of the prison as may be best adapted for the use of the several classes; separate common halls and yards shall be allotted to the different classes for air and exercise, and each class shall have the use of a privy, and be furnished with a supply of good water; a separate sleeping cell shall, if possible, be provided for every prisoner; but as the numbers may sometimes be greater than the prison is calculated to contain under that arrangement, and as it is expedient that two male prisoner only should never be lodged together, a small proportion of cells or rooms shall be provided for the reception of three or more persons; every prison shall contain rooms and places properly fitted up for the exercise of labour and industry, and also a competent number of cells adapted to solitary confinement for the punishment of refractory prisoners, and for the reception of such persons as may by law be confined therein; one or more chapel or chapels shall be provided in every prison, in such a convenient situation as to be easy of access to all the prisoners, it shall be fitted up with separate divisions for males and females, and also for the different classes, and shall be strictly set apart for religious worship, or for the occasional religious and moral instruction of the prisoners, and shall never be appropriated to or employed for any other purpose whatsoever.

[S. 7. (providing that expenses of county prisons be defrayed by presentments) and s. 8 rep. 53 & 54 Vict. c. 51. (S.L.R.)]

Presentments in Dublin shall be in addition to all others authorized by law.                                                                                9. All presentments by this Act required to be made in the county and county of the city of Dublin, for purposes of this Act, shall be good, valid, and effectual to all intents and purposes, and shall and may be paid and applied to the purposes of this Act, in addition to the amount of any presentments which may by law be made in the said county and county of the city, under and by virtue of any Act or Acts in force in Ireland at the time of the passing of this Act.

[Ss. 10, 11 rep. 53 & 54 Vict. c. 51. (S.L.R.)]
Penalty for damaging water pipes.                                                                                12. If any person or persons shall wilfully destroy or injure any part of any pipe, main, or watercourse through which water shall be conveyed to any prison in Ireland, or to any of the yards or buildings thereto belonging, so as to prevent the water from regularly and fully flowing to the same, or shall insert any cock or pipe into any part of such main, or make any cut to divert the water thereof to any other purpose, and shall upon indictment be convicted thereof, he or they shall be committed to the county gaol, and shall therein remain in close confinement for one year, or until he or they shall pay a sum of fifty pounds, one half thereof to the treasurer of the county, to be by him placed to the credit of the county, and the other half thereof to the person or persons who shall discover and cause the said offender or offenders to be convicted.

Bridewells.                                                                                13. All bridewells which shall be built, repaired, purchased, or taken at a rent under this Act shall be deemed and taken to be county bridewells, to all intents and purposes.

[Ss. 14–13 rep. 53 & 54 Vict. c. 51. (S.L.R.)]
Commissioners shall have the powers of raising gravel, &c. given to overseers of roads.                                                                                44. All commissioners or other persons duly authorized or employed in or for the building, altering, enlarging, or repairing any gaol, bridewell, house of correction, or other prison in Ireland, or any of the appurtenances thereof, shall for such purpose have all and singular the same powers of raising and carrying away sand, gravel, stones, earth, or other materials, as are or shall from time to time be given by any laws or law in force in Ireland to the overseers of the public roads, and subject to the same regulations and restrictions.

[Ss. 45, 46 rep. 53 & 54 Vict. c. 51. (S.L.R.)]
Gaols built, or additions thereto, shall be deemed part of the county to which they belong.                                                                                47. When any new gaol, bridewell, house of correction, or other prison, so to be built and erected for any county, county of a city, or county of a town, or any old gaol, bridewell, house of correction, or other prison thereof, which shall require any addition thereto, shall be situate within the limits of any other county, county of a city, or county of a town, then and in every such case such new gaol, bridewell, house of correction, or other prison, and all additions which shall be so made to such old gaol, bridewell, house of correction, or other prison, together with the ground whereon the same shall be built respectively, and all courts, yards, outoffices, buildings, and other appurtenances thereto belonging, shall, from the time of receiving prisoners into such new gaol, bridewell, house of correction, or other prison, or of completing such addition, be deemed, taken, and adjudged to be part of the county, county of a city, or county of a town to which such gaol, bridewell, houses of correction, or other prison, shall belong, to all intents and purposes; and whensoever any gaol, bridewell, house of correction, or other prison, of any county shall cease to be a prison of such county, county of a city, or county of a town, and shall be situate within the limits of any other county, county of a city, or county of a town, then and in every such case such gaol, bridewell, house of correction, or other prison, with all its appurtenances, shall thenceforth be deemed and taken to be part of the county, county of a city, or county of a town, wherein the same shall be so situate, any charter, law, or usage to the contrary thereof in anywise notwithstanding.

Gaol ceasing to be used as such shall be deemed part of the county where situate.

When now gaols are built, old ones to be sold or converted into workhouses or other prisons;                                                                                48. After any new gaol, bridewell, house of correction, or other prison, shall be erected and made fit for the reception of prisoners, it shall be lawful for the grand jury of the county, county of a city, or county of a town, at any assizes or presenting term, with the consent of the court, to present the old gaol, bridewell, house of correction, or other prison, or the ground or soil thereof, to be sold by public cant for such estate or interest as such county, county of a city, or county of a town, or any person or persons in trust for them, shall have therein, and the money arising from such sale shall be paid to the county treasurer for the use of the county, county of a city, or county of a town; or it shall be lawful for the said grand jury to present the said old gaol, bridewell, house of correction, or other prison, to be a bridewell, workhouse, house of industry, house of correction, or other prison of any other description for the said county; or if such grand jury shall see fit so to do, it shall be lawful for such grand jury to give, grant, or convey gratuitously the whole of the ground or soil of any such old gaol, bridewell, or house of correction or any part or parts of the same respectively, for the purpose of widening, opening, or otherwise improving any street, way, or passage, or streets, ways, or passages, in any county or city, borough or town, or in any county of a city or county of a town, within or adjoining which such old gaol, bridewell, or house of correction shall be situate; and if the whole of such ground or soil shall not be necessary for such improvement or improvements, then to sell or dispose of the residue thereof in manner herein-before provided.

or the site may be applied to the improvement of streets, &c.

Where land has been given for the site of any old gaol, without any regular conveyance, or conveyances have been lost, &c., the site shall be vested in commissioners for sale.                                                        49. Whenever it shall appear that land has been given for the site of any old gaol, bridewell, house of correction, or other prison, without regular conveyance of title, or that the deeds of conveyance have been lost or destroyed, or that by the decease of trustees, or defect of heirs of the surviving trustee, or from any other cause, no person exists or can be found competent or qualified to convey the legal title of and in such old gaol, bridewell, house of correction, or other prison, to any purchaser, then and in such case, if the gaol or premises to be sold as aforesaid have been used as a gaol for the term of seven years or more, the commissioners appointed according to this Act for the purchase of a new site for a gaol, bridewell, house of correction or other prison, or any other commissioners, not being less than six or more than twelve in number, whom the grand jury shall at any assizes or presenting term appoint for such purpose, shall be deemed and are hereby constituted legal owners of the old gaol, bridewell, house of correction, other prison, in fee or fee ail, or for such term or time as the same was originally granted for, and if no such grant is known to have existed, then in fee simple, upon trust however to contract with a purchaser and sell the same, and execute all deeds and conveyances necessary for that purpose, and give a sufficient receipt for the purchase money: Provided always, that such old gaol, bridewell, house of correction, or other prison shall be sold to the best bidder, after having been advertised for that purpose in the Dublin Gazette, and in some other newspaper printed within or near to such county, county of a city, or county of a town, for three months at the least before the terms of sale shall be accepted; which advertisement the treasurer of the county, county of a city, or county of a town shall cause to be inserted and paid for, and for which be shall be repaid with lawful interest, together with all costs and charges, out of the first monies produced by such sale; and after deducting such money, and also the expence attending the sale, the money produced thereby shall be paid to the treasurer of the county, to be placed to the credit thereof.

Sale to be made after advertisement to the highest bidder.
[Ss. 50–60 rep. 53 & 54 Vict. c. 51. (S.L.R.)]
Inspectors shall visit madhouses, &c.                                                                                61. The inspectors general of prisons shall have power, and they are hereby required to visit and inspect, as often as they shall think fit, all madhouses and places where idiots or lunatics are confined, whether the same shall be any public establishment or kept for profit by any private individual, as well as all gaols and prisons throughout Ireland; and if any person or persons shall hinder, molest, or prevent any such inspector general from visiting and inspecting any of the said places of confinement, such person or persons, being duly convicted thereof before any two magistrates or justices of the peace in the county, county of a city, or county of a town where such hindrance shall have been made, shall for every such offence be fined in any sum not exceeding twenty pounds, at the discretion of such magistrates, and so toties quoties for every new hindrance after such conviction; and upon non-payment of the same, such person so convicted shall, by the warrant of such magistrates, be imprisoned in the common gaol of the county, county of a city, or county of a town, for six calendar months, unless such fine be sooner paid.

Penalty for obstructing them.
Book to be kept in each prison in which any of the board of superintendence and inspector, &c. shall enter observations.                                                                                62. In every gaol, house of correction, marshalsea, bridewell, sheriffs prison, and other prison throughout Ireland, a book shall be kept, and constantly remain therein, in order that any member of the board of superintendence appointed under this Act, and also the local inspector thereof, or either of the said inspectors general, shall and may from time to time make and enter therein such observations as they shall respectively think fit; and every inspector, chaplain, surgeon, physician, apothecary, or other officer, attending on or required to attend on such prison, shall in his turn insert in such book, in his own handwriting, his name, and the date of such visit and duty performed; and every keeper of every such prison shall be responsible for the safe custody of such book, and shall at all times, when required so to do, produce the same for inspection to the grand jury or board of superintendence, or any member thereof respectively, without fee or reward.

Books to be produced for inspection to grand jury or board.
Penalty on taking any fee for appointment of gaolers, &c. 500l.                                                                                63. No person or persons, body or bodies corporate or politic shall by themselves, or any other person in trust for them, give, take, or receive, or offer to give, take, or receive, any fee, money, or gratuity, or other valuable or beneficial consideration whatsoever, or any promise thereof, for or in respect of the appointment, nomination, or recommendation of any person or persons whatsoever to be keeper of any prison in Ireland, or to hold any office under such keeper, or knowingly appoint, or cause to be appointed, any person or persons to such office, for or in respect of any fee, money, gratuity, or other valuable consideration whatever, given or promised to any person or persons whatsoever, for or in respect of such appointment, or to the obtaining of such office; and each and every person so offending shall forfeit the sum or penalty of five hundred pounds, together with double the sum so given as aforesaid; one moiety of such-forfeiture to be paid to the King, and the other moiety to the informer who shall by bill, plaint, or information, in any of his Majesty’s superior courts of record in Dublin, first sue for the same.

[Ss. 64–66 rep. 53 & 54 Vict. c. 51. (S.L.R.)]
Clerk of the crown and clerk of the peace at assizes, &c. and quarter sessions to make returns to local inspectors of prisoners tried and their crimes, sentences, &c.                                                                 67. It shall and may be lawful for the clerk of the crown, and he is hereby required, at each assizes and general gaol delivery in every county, county of a city, and county of a town in Ireland, and at every special commission of oyer and terminer and gaol delivery therein, and at every term or session of the commission of oyer and terminer and gaol delivery for the county of Dublin or for the county of the city of Dublin, and the clerk of the peace is also hereby required, at quarter sessions, to furnish the inspector of prisons for the time being of every such county, county of a city, and county of a town, with a complete schedule of the several prisoners brought to trial at such assizes and general gaol delivery, and at such special commission, and at each and every term or session of the commission of the county of Dublin, or the county of the city of Dublin respectively, and at each and every quarter session, specifying the particular crime of which each prisoner was accused, and stating the sentence of the judge on each trial, and whether the said several sentences have been executed respectively, or whether the whole or any and what part or parts of them have been remitted; . . .

[S. 68 (as to appointment of chaplains of county gaols) rep. 53 & 54 Vict. c. 51. (S.L.R.)]

Duty of chaplains.                                                                                69. Every such chaplain shall read prayers in the said gaol for which he shall be appointed on every Sunday in the year; to wit, the protestant chaplain of the Established Church to such of the prisoners as shall be protestants of the Established Church, and the protestant dissenting minister to such of the prisoners who shall be protestant dissenters, and the Roman catholic chaplain to such of the prisoners as shall be Roman catholics; and every such chaplain shall likewise visit each of the said prisons twice at least in every week, exclusive of his attendance on Sunday; on such visits he shall go into every room and cell in the prison wherein any prisoner so within his charge shall be confined, and converse with and exhort such of the said prisoners respectively as are willing to listen to his admonitions; and each of the said chaplains shall attend every malefactor in their respective prisons who shall be within his charge as aforesaid, or who may desire his assistance, previous to and down to the time of his execution, in order to administer to such prisoner or prisoners the functions of his holy office; . . .

[Ss. 70, 71 rep. 53 & 54 Vict. c. 51. (S.L.R.)]
Duty of surgeon or physician.                                                                                72. [Provision for appointment of surgeon or physician, rep. 53 & 54 Vict. c. 51. (S.L.R.)] every such surgeon or physician, as the case may be, shall and is hereby required to visit every prison to which he shall be so appointed, twice at least in every week, and oftener if necessary, and to see every sick person confined therein, whether criminal or debtor, and to examine the condition of the hospital, and the state of health of the prisoners under his care; and he shall further keep a journal, in which he shall enter the date of every attendance on the performance of his duty, with any observations that may occur to him in the execution thereof, and shall sign the same with his name; and such journal shall be kept in the prison, . . . and such surgeon or physician shall be required at every visit to prescribe for all prisoners who stand in need thereof, and shall order such sustenance and other articles as may be necessary; which sustenance and other articles shall be provided by the local inspector, or in such other manner as the grand jury or board of superintendence appointed under this Act shall direct and appoint: . . .

Journal to be kept by him.
[Ss. 73–77 rep. 53 & 54 Vict. c. 51. (S.L.R.)]
Bedding and prison dresses.                                                                                78. The bedding to be allowed to poor prisoners shall consist of one ticken for straw and three single blankets to each bed; and the prison dresses shall consist of a cap, a jacket, one shirt, waistcoat, trowsers, and shoes, to men; and a suitable dress to female prisoners, with shoes.

[Ss. 79, 80 rep. 53 & 54 Vict. c. 51. (S.L.R.)]
Penalty on chaplains, physicians, &c. being concerned in contracts, 500l.                                                                                81. If any chaplain, physician, surgeon, or apothecary, or any keeper of any gaol, bridewell, house of correction, or other prison, shall contract to provide or supply any such bread, meal, potatoes, or other food, or any straw, fuel prison, dresses, bedsteads, bed tickens, blankets, bed clothes, or other necessaries for prisoners under his charge, contrary to the provisions of this Act, or shall supply the same otherwise than in the performance of his duty under this Act; or shall directly or indirectly derive or receive any profit or emolument whatever from any bread, meal, potatoes, or other food, or any straw, fuel, prison dresses, bedsteads, bed tickens, blankets, bed clothes, or other necessaries provided for such prisoners, which shall be supplied for the purposes of this Act, every person so offending shall for every such offence forfeit the sum of five hundred pounds, to be recovered by any person who shall sue for the same, by any action, suit, bill, or plaint, in any of his Majesty’s superior courts of record in Dublin.

Poor prisoners shall be supplied with food and necessaries at the public expence.                                                                                82. Any prisoner, of whatever description, in any prison whatsoever in Ireland, who shall not be of sufficient ability to procure food and other necessaries, shall be supplied, in manner herein mentioned respectively, with such food and necessaries at the public expence, and every such prisoner, as long as he shall be so supplied, shall be deemed and taken to be a poor prisoner within the meaning of this Act, and shall be subject as such to all rules and regulations herein-after provided in that behalf; and it shall not be lawful for any such prisoner who shall be so supplied at the public expence to accept or receive any food or liquor, other than such as shall be supplied under this Act; and if any such prisoner shall accept any food or liquor contrary to this Act, such prisoner shall no longer be supplied at the public expence, and shall thereupon cease to be deemed and taken to be a poor prisoner within the meaning of this Act.

The court may order creditors of prisoners detained for less than 10l. to pay them any sum not exceeding 2s. 6d. per week.                                                                                83. Provided always, that in all cases where any person shall be confined or detained in any prison at the suit of any creditor or creditors for any debt less than the sum of ten pounds, it shall be lawful for the court under process from which such debtor shall be detained, on the application of such debtor, in case such court shall think right under the circumstances of the case so to do, to order the creditor or creditors at whose suit such debtor shall be confined or imprisoned to pay to such debtor such sum or sums, not exceeding the rate of two shillings and sixpence by the week in the whole, at such times, and in such manner, as the said court shall direct; and that on failure of payment thereof as directed by such court, such debtor shall forthwith be discharged from custody at the suit of the creditor or creditors failing to pay the same.

On failure, debtor to be discharged.
[Ss. 84–88 rep. 53 & 54 Vict. c. 51. (S.L.R.)]
Grand juries may set apart part of gaol or other contiguous building for house of correction for convicted prisoners.                                                                                89.[1] It shall and may be lawful to and for the grand jury of any county, county of a city, or county of a town in Ireland, if they shall see fit, by their order to appoint and appropriate such part or parts of the gaol thereof, or such building or buildings contiguous or adjoining thereto, as such grand jury shall think fit, to be a house or houses of correction for the custody and punishment of convicted prisoners; and it shall and may be lawful for any grand jury in every such case to appoint a keeper or governor of such house of correction, with such salary as to such grand jury shall seem meet; and every such keeper or governor of such house of correction shall be subject and liable to, and shall obey and comply with all the rules and regulations prescribed for gaolers: Provided always, that nothing in this Act contained shall be construed to extend to prevent the governor or keeper of the house of correction in any county, county of a city, or county of a town, from being the keeper or governor of the common gaol: Provided also, that the sheriff shall not be answerable for the safe custody of any person who, in pursuance of any such order, shall from time to time be removed to, committed to, or detained in, any part of such gaol, or any united or contiguous buildings, so ascertained and declared to be the house of correction as aforesaid.

Sheriff not to be answerable for persons committed to house of correction.

Lord lieutenant may discontinue bridewells.                                                                                90. [Recital.] It shall and may be lawful for the lord lieutenant, from time to time, by warrant to be published in the Dublin Gazette, to order that any bridewells shall be discontinued, and shall no longer be used as a bridewell or prison; and from and after such day as shall be named in such warrant in that respect it shall not be lawful to imprison or confine any person therein, under any order or authority, or on any pretext whatsoever; any law, usage, or custom to the contrary notwithstanding.

[S. 91 rep. 19 & 20 Vict. c. 68. s. 9.]
District bridewells may be appointed for confinement or prisoners for trial at or under sentence passed by quarter sessions.                                                                                92. It shall and may be lawful for the lord lieutenant to direct that such bridewells as shall be continued shall be divided into two classes; and that one class of the said bridewells, to be selected and appointed by the lord lieutenant, shall be denominated district bridewells, to each of which bridewells a certain district within the county shall be allotted; and that all prisoners committed within such district, either for trial at or under sentence passed by the court of quarter sessions, shall be kept and remain in such district bridewell, and shall not be transmitted to the county gaol, unless some order to that effect shall be made by competent authority; and it shall and may be lawful, in the event of a crowded state of the county gaol, on the report of the local inspector thereof, for the keeper of any such district bridewell to detain therein any prisoner committed for trial at the assizes for the county, until within a reasonable time prior to the assizes: Provided always, that in case of imprisonment for a period exceeding four months, or in any case in which it shall appear to the court to be necessary, it shall and may be lawful, by the order and at the discretion of the court by whom judgment shall be passed, to send any prisoner to the county gaol or house of correction; and provided that no persons committed for debt shall be confined in any such bridewell; . . .

[S. 93 rep. 19 & 20 Vict. c. 68. s. 25.]
Prisoners shall be sent from bridewells to county gaols or district bridewells without delay.                                                                                94. No prisoner shall be detained in any bridewell, except in district bridewells selected as aforesaid, longer than three days from the day of committal, unless two justices of the peace of the county, county of a city, or county of a town, shall think proper, by order in writing, to direct that such prisoner be longer detained for the purposes of examination, and then only for the time mentioned in such order, or any renewal thereof; but all such persons shall be diligently transmitted to the county gaol or district bridewell, as the case may be: . . .

[S. 95 rep. 19 & 20 Vict. c. 68. s. 27.]
Prisons in local jurisdictions shall be abolished, and persons arrested within such jurisdictions shall be imprisoned in the county gaol, &c., but shall be taken to be in the custody of the court out of which process shall issue.  96. [Recital.] All and every person and persons who at any time shall or may be arrested or confined under any mesne or final process, civil or criminal, issuing out of or from any court of local or inferior jurisdiction, having legal authority for that purpose, and which authority shall have been used or acted upon at any time within six years next before the first day of January one thousand eight hundred and twenty-seven, shall and may be committed to the common gaol of the county, county of a city, or county of a town, as the case may be, in which such town corporate or other place is situated, under like authority and in like manner as any person arrested under such process was, before the passing of this Act, liable to be committed to the local prison attached to such court of inferior jurisdiction: Provided always, that every person so committed shall, to all intents and purposes, be deemed and taken to be in the custody of the court out of which such process shall issue, or of the proper officer of or under such court, in the same manner as if such person had been committed to such local prison; . . . and that no action for escape or other action shall or may be maintained against the lord of any liberty or franchise, or the officer of any inferior court of jurisdiction, for or by reason of the sending or committal of any person as aforesaid to the general gaol of any such county, county of a city, or county of a town as aforesaid, or for any matter or thing necessarily done or committed for the purposes aforesaid, although such person may thereby be removed and taken out of any such town corporate, liberty, or other place, having such court of inferior jurisdiction as aforesaid.

[S. 97 rep. 53 & 54 Vict. c. 51. (S.L.R.)]
Prisoners may be taken from county gaols before courts of local jurisdiction.                                                                                98. Every person so arrested or confined according to the provisions of this Act in the common gaol of any county or county of a city or county of a town, under any process out of any court of local or inferior jurisdiction, shall and may from time to time be taken from and out of such common gaol, and carried before the court out of which such process shall issue, by and in the custody of the officers of such court, for any purpose which may be required by such court; . . .

[Ss. 99–103 rep. 53 & 54 Vict. c. 51. (S.L.R.)]
Poor prisoners shall be kept to work.                                                                                104. The keeper of each and every prison in Ireland shall have full power and authority, and he is hereby required, to keep every poor prisoner in such prison to work of such kind as the grand jury or board of superintendence, or in their default any three justices of the peace respectively, shall direct and appoint, by any order to be made for that purpose: Provided always, that no person shall be put to hard labour who has not been convicted of some offence, and sentenced to imprisonment for the same.

Persons committed for trial, not being poor prisoners, may be allowed to work, and shall receive a portion of their earnings.                                                                                105. And whereas persons are often committed to prison for trial, who, not being poor prisoners as aforesaid, are willing to be employed in such work or labour as can be conveniently executed or done in the prison to which they are so committed, and it is fit that such persons should be so employed, rather than that they should be obliged to remain idle during their confinement: Be it therefore enacted, that it shall and may be lawful for the board of superintendence of any prison to which this Act shall extend to authorize, by an order in writing, the employment of any such prisoners, with their own consent, in any such work or labour; and it shall be lawful for the keeper of such prison to employ such prisoner in such work or labour accordingly, and to pay to such prisoners any such wages, or portion of the same, and at such periods, as shall be directed by such board of superintendence: Provided always, that it shall not be lawful to place together, on account of such employment, any prisoners who would otherwise be kept separate under the provisions of this Act; and provided further, that such consent of every such prisoner shall be freely given, and shall not be extorted or obtained by deprivation, or threat of deprivation, of any prison or other allowance; and that no prisoner before conviction shall, under any pretence, be employed on the tread wheel, either with or without his consent.

No prisoner to be employed on the tread wheel before conviction.

Materials, tools, &c. shall be provided.                                                                                106. All materials and tools necessary for any such work, and all books and teachers or schoolmasters necessary for the learning of any trade, as well as for the instruction of every such poor prisoner in reading and writing, shall be in like manner provided, and the expence thereof raised by presentment as aforesaid.

Poor prisoner shall have one third of profit of his work, and two thirds shall be applied to his maintenance.                                                                                107. In every prison in Ireland an account shall be kept by the keeper of such prison of any profits which may arise from the work of each poor prisoner therein, and one third of such profits, if any shall arise, shall be for the use of such poor prisoner, and the other two thirds of such profits shall be applied in and towards the payment of and for the several necessaries supplied to the poor prisoners in such prison as therein provided; and the balance only shall be paid from time to time out of the funds herein directed in that behalf respectively: Provided always, that no claim shall be made to any portion of the earnings in the event of no profit arising from the work, or in the case of persons sentenced to hard labour under any law for that purpose which may at any time be in force in Ireland.

Returns of persons sentenced to hard labour to be made at the several assizes by keepers of prisons in the form in schedule (F.)                                                                                108. The keeper of every prison in Ireland shall be held responsible for the execution of every sentence to the tread wheel or other description of hard labour within the gaol, and shall previously to the first day of every assizes make out a true and just return in writing in the form in the schedule to this Act annexed marked (F.), or in some other form to be approved by the judges of his Majesty’s Court of King’s Bench, or any one or more of them, of all persons in his custody who have been sentenced to the tread wheel or other hard labour by the court at any previous assizes, specifying in such return the manner in which such sentences have been carried into execution, the particular species of labour in which such prisoners have been employed, and the average number of hours in a day for which shall be signed by such keeper, and also by the local inspector, or by one at least of the board of superintendence of such prison, who shall add thereto such observations as the case and circumstances may appear to him to require; and such return shall be delivered to the justice of assize and goal delivery, and shall be kept and filed by the proper officer amongst the records of the court.

Rules and regulations for the management of the several prisons and classification of the prisoners.                                                                                109. The following rules and regulations shall be strictly observed and carried into force and effect in every gaol, house of correction, marshalsea, bridewell, sheriff’s prison, and other prisons throughout Ireland, so far as the same shall be practicable therein; that is to say,
First:—It shall not be lawful for any woman to be keeper of any prison.

Second:—The keeper of each prison shall reside therein; he shall not be an under sheriff or bailiff, nor shall he be concerned in any occupation or trade whatsoever; no keeper or officer of a prison shall sell, nor shall any person in trust for him or employed by or under him sell, or have any benefit or advantage from the sale of, any article to any prisoner, nor have directly or indirectly any interest in any contract or agreement for the supply of the prison.

Third:—A matron shall be appointed in every prison in which female prisoners shall be confined, who shall reside in the prison, and it shall be the duty of the matron constantly to superintend the female prisoners.

Fourth:—The keeper shall, as far as may be practicable, visit every ward, and see every prisoner, and inspect every cell, once at least in every twenty-four hours; and when the keeper or any other officer shall visit the female prisoners, he shall be accompanied by the matron, or in case of her unavoidable absence, by some female officer of the prison.

Fifth:—No tap shall be kept in any prison, nor shall spirituous liquors of any kind be admitted for the use of any of the prisoners therein, under any pretence whatever, unless by a written order of the physician or surgeon, specifying the quantity, and for whose use; no wine, beer, cyder, or other fermented liquors, shall be admitted for the use of any prisoners, except in such quantities, in such manner, and at such times, as shall be allowed by the rules hereafter to be made in pursuance of this Act.

Sixth:—The person or persons whose duty it shall be to deliver out bread or other provisions, or one of the said persons, and the keeper of the prison, shall attend for that purpose every day, and shall take care that the same is properly distributed, according to the wants of the prisoners respectively, and that it is not more than twenty-four hours since any bread which may be so distributed had been baked; and such person or persons shall not suffer any prisoner to commute the said allowance, by receiving the value thereof in money, or in any other manner whatsoever.

Seventh:—The walls and ceilings of the wards, cells, rooms, and passages, used by the prisoners, throughout every prison, shall be scraped and limewashed at least twice in the year; and the day rooms, passages, and sleeping cells, shall be washed or cleansed once a week, or oftener, if requisite; the straw shall be changed once in every two months; convenient places for the prisoners to wash themselves shall be provided, with an adequate allowance of soap, towels, and combs; a fire shall be lighted in the day rooms, for ten hours in the day, from the first day of October to the first day of April in every year, and at such other times as the board of superintendence of the gaol shall deem necessary.

Eighth:—The classification herein-before directed and required by this Act shall be invariably carried into effect, and the debtors shall be separated into two divisions, those who are maintained by the public being placed in every respect on the same footing as untried poor prisoners of any other class.

Ninth:—That all prisoners shall have free access to the bath and necessary, in their respective parts of the prison, at all reasonable hours; and shall also be admitted at proper times, in succession, to air themselves in the yard or yards, for at least two hours in every day, except prisoners under sentence of death, and such persons as shall be riotous or disorderly, or where there may be sufficient cause to apprehend that an escape may be attempted.

Tenth:—No horses, cows, hogs, pigs, cattle, or poultry of any kind, shall be kept within the boundary walls of any prison.

Eleventh:—No prisoner, even when condemned to death, shall be put into a dungeon or room under ground.

Twelfth:—No smoking, gambling, swearing, indecent language, or unreasonable noise, shall be allowed in any prison.

* * * * * * * *
Fifteenth:—The keeper of every prison shall have power to hear all complaints touching any of the following offences; (that is to say,) disobedience to any of the rules of the prison; assaults by one person confined in such prison upon another, when no dangerous wound or bruise is given; profane cursing and swearing; any indecent behaviour, and any irreverent behaviour at chapel; all of which are declared to be offences by this Act, if committed by any description of prisoners; breaking windows or otherwise injuring the prison or any part of the furniture thereof; absence from chapel without leave; idleness or negligence in work, or wilful mismanagement of it, and the said keeper may examine any person touching such offences, and may determine thereupon, and may punish all such offences, by ordering the offender or offenders to close confinement in the refractory or solitary cells, and by keeping such offenders respectively upon bread and water only, for any term or terms respectively, not exceeding in any instance three days.

Sixteenth:—In case any prisoner shall be guilty of repeatedly offending against the rules of the prison which shall be then existing, or shall be guilty of any greater offence against the said rules than the gaoler or keeper is by this Act empowered to punish, the said gaoler or keeper shall forthwith report the same to any justice of the peace acting in and for the county, county of a city, or county of a town, to which such prison belongs, being a member of the board of superintendence of such prison, and in their default any other justice acting in and for the said county, county of a city, or county of a town, to which such prison belongs; and any one justice shall have power to inquire upon oath and to determine concerning any such offence so reported to him or them, and to order such offender to be punished by solitary confinement on bread and water, for any term not exceeding one calendar month.

Seventeenth:—No prisoner shall be put in irons by the keeper of any prison, except in case of urgent and absolute necessity, and the particulars of every such case shall be forthwith entered in the keeper’s journal, and notice forthwith given thereof to one of the board of superintendence appointed under this Act, or in the county of the city of Dublin to any justice of the peace or magistrate for the county of the said city, and the keeper shall not continue the use of irons on any prisoner longer than four days, without an order in writing from a member of the said board of superintendence, being a justice of the peace (or in the county of the city of Dublin from any justice of the peace or magistrate there,) specifying the cause thereof, which order shall be preserved by the keeper as his warrant for the same.

Eighteenth:—Female prisoners shall in all cases be attended by female officers.

Nineteenth:—Due provision shall be made for the admission at proper times and under proper restrictions, of persons with whom prisoners committed for trial may desire to communicate, and such rules and regulations shall be made by the board of superintendence, or in the county of the city of Dublin by the grand jury, with the approbation of the Court of King’s Bench for the admission of the friends of prisoners, as to such board or grand jury may seem expedient; and the board or grand jury shall also impose such restrictions upon the communication and correspondence of all prisoners with their friends, either within or without the walls of the prison, as they shall judge necessary for the maintenance of good order and discipline in such prison.

Twenty:—The physician or surgeon shall examine every prisoner who shall be brought into the prison, before he or she shall be passed into the proper ward; and no prisoner shall be discharged from prison, if labouring under any acute or dangerous distemper, nor until, in the opinion of the surgeon or physician, such discharge is safe, unless such prisoner shall require to be discharged; the wearing apparel of every prisoner shall be fumigated and purified, if requisite, after which the same shall be returned to him or her, or other sufficient clothing shall be furnished to him or her, or other sufficient clothing shall be furnished according to the rules and regulations of the prison.

Twenty-first:—Every prisoner shall be provided with suitable bedding, and every male prisoner with a separate bed, hammock, or cot, either in a separate cell, or in a cell with not less than two other male prisoners.

Twenty-second:—Upon the death of a prisoner, notice thereof shall be given by the keeper forthwith to some member of the board of superintendence, being a justice of the peace, or in the county of the city of Dublin to any justice of the peace or magistrate, as well as to the coroner of the district, and to the nearest relative of the deceased, where practicable; and in case the coroner shall hold an inquest on the body of any prisoner, none of the prisoners confined in that prison shall be a juror on such inquest.

Twenty-third:—The keeper of every prison shall be provided with a copy of this Act.

* * * * * * * *
Penalty on conveying spirituous liquors into prisons.                                                                                110. If any person shall carry or bring, or attempt or endeavour to carry or bring, into any prison in Ireland, any spirituous or fermented liquor, unless under the order of some competent authority, it shall be lawful for the keeper or other officer to apprehend or cause to be apprehended such offender, and to carry such offender before a justice of the peace, who is hereby empowered to hear and determine such offence in a summary way; and if such justice shall lawfully convict such person of such offence, he shall forthwith commit such offender to the common gaol or house of correction, there to be kept in custody for any time not exceeding three months, without bail or mainprize, unless such offender shall immediately pay down such sum of money, not exceeding twenty pounds, as such justice shall impose upon such offender; to be paid, one moiety to the informer, and the other moiety to the treasurer of the county, in aid of the maintenance of such prison; and if any keeper of any prison, or any prisoner or other person, shall sell, use, lend, or give away, or knowingly permit or suffer to be sold, used, lent, or given away, in such prison, or brought into the same, any spirituous or fermented liquors, he shall for every such offence, over and above any other punishment by this Act inflicted, forfeit and lose the sum of twenty pounds; or if a prisoner, he or she shall in lieu of such penalty be placed in solitary confinement for any period not exceeding one calendar month.

Discharged prisoners to be supplied with the means of returning to their homes, &c.                                                                                111. [Recital.] It shall and may be lawful for any two justices of the peace or magistrates in the county of the city of Dublin, and for the board of superintendence of any prison in any other place in Ireland, from whence any prisoner shall be discharged, to direct that such moderate sum of money shall be given and paid to any and every such prisoner so discharged, who shall not have the means of returning to his or her family or place of settlement, or resorting to any place of employment or honest occupation, as in the judgment of such justices or board shall be requisite and necessary for such purpose, under all the circumstances attending the case of any such prisoner; and such sum of money shall be paid by the inspector of such prison to or for the use of such prisoner for the purpose aforesaid; and all such sums shall be provided for, or in such manner as is by this Act directed with respect to the expence of the support and maintenance of the prisoners in any such prisons respectively.

[Ss. 112–115 rep. 53 & 54 Vict. c. 51. (S.L.R.)]
Offenders convicted may be committed to any house of correction within the county.                                                                                116. Whenever any person shall be lawfully convicted before any court, or judge, or justice of the peace, of any offence, and shall be punishable by imprisonment, it shall and may be lawful for such court or judge or justice to sentence such offender to be confined in any house of correction within and belonging to the county, county of a city, or county of a town, where such offender shall be convicted, and such offender shall and may be committed to and detained in such house of correction accordingly; any law, usage, or custom to the contrary notwithstanding; and in all cases where any one house of correction shall have been or shall be built, repaired, or enlarged, at the joint expence of any two or more counties, or counties of cities, or counties of towns, it shall and may be lawful for the court of justice before whom any offender shall be convicted, in either or any of the said counties, or counties of cities or towns, of any offence, and shall be punishable by imprisonment, to sentence such offender to be confined in such house of correction, although such house of correction may not be locally situated within the county, county of a city, or county of a town, within which such offender shall be convicted; and such offender shall and may be committed to and detained in such house of correction accordingly; any law, usage, or custom to the contrary notwithstanding.

Where one house of correction for two or more counties, offenders convicted in any of such counties may be committed thereto.

[S. 117 rep. 36 & 36. Vict. c. 91. (S.L.R.); ss. 118–122 rep. 38 & 39 Vict. c. 66. (S.L.R.); s. 123 rep. 53 & 54 Vict. c. 51. (S.L.R.); ss. 124–130 rep. 36 & 37 Vict. c. 91. (S.L.R.)]

Court of King’s Bench and judges of assize shall give this Act in charge to grand juries.                                                                                131. The Court of King’s Bench, and all and every judge and judges of assize and general gaol delivery in Ireland respectively, are hereby directed and required, from time to time as occasion shall require, to give this Act in charge to the grand juries of the several counties in Ireland respectively, or so much thereof as concerns such grand juries respectively, and to require them to comply therewith as the law directs, and to make such presentments as are herein mentioned and directed.

If presentments are not made by grand juries judges shall order the necessary amount to be added to the treasurer’s warrant, and raised as if presented.                                                                               132. If any of the said grand juries, after having been properly called upon and directed by such court and judges respectively to make such presentments as are required by this Act, shall notwithstanding refuse or neglect or omit to make such presentment or provision respectively before the last day of any assizes or presenting term respectively, then and in every such case the said court and judges respectively are hereby empowered and required to direct that the amount of the sum which ought to have been presented shall be added to the warrant of the treasurer of the county, county of a city, or county of a town, and shall be raised, levied, applotted, and assessed, after the same manner as the presentments for county charges, on the county at large.

Judges may reduce presentments if more than necessary.                                                                                133. If any of the said grand juries hall at any time present for any of the said purposes a sum which shall appear to the court to be greater than is proper or reasonable for such purpose, then and in every such case it shall and may be lawful to and for the court or judge receiving such presentment, at the time of so receiving the same, to order that the same shall be reduced to such sum as he or they shall think proper, which shall be done accordingly; and the same shall then be fiated, and shall be deemed, taken, and proceeded on, in the same manner in all respects as if the same had been originally so presented.

Court of King’s Bench and judges of assize shall inquire into the manner of executing this Act as to presentments.                                                                                134. The said Court of King’s Bench and judges of assize shall, once in every assizes and presenting term respectively, make diligent inquiry, by examination on oath in court, and by such other ways and means as they shall think proper, concerning the several matters for which presentments are or shall be by this or any other Act relating to any of the matters aforesaid directed or authorized to be made at such assizes or term respectively, and finally shall decide, after such mature consideration, as to the exercise of the powers so herein-before given in that respect.

Limitations of actions.                                                                                135. If any action shall be brought or suit commenced against any person or persons, for anything done in pursuance of this Act, or in relation thereto, every such action or suit shall be brought within six calendar months after the fact done, . . .; and if a verdict shall be given for the defendant in such action, or if the plaintiff or plaintiffs shall become nonsuited, or suffer a discontinuance of his, her, or their action, or if upon demurrer judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall have and recover double costs, the plaintiffs first suggesting on the record, by leave of the court, that the action was brought for an act done in pursuance of this Act, or in relation thereto, if the same shall not sufficiently appear by the pleadings. [Rep. 5 & 6 Vict. c. 97. s. 2.]

Double costs.
Provisions of recited Act for the abolition of prison fees, extended to prisoners confined for debt.                                                                                136. And whereas by an Act passed in the session of Parliament holden in the first and second years of the reign of his present Majesty, intituled “An Act to abolish the payment by prisoners in Ireland of gaol fees and all other fees relating to the commitment, continuance, trial, or discharge of such prisoners, and to prevent abuses by gaolers, bailiffs, and other officers,” it is amongst other things enacted, that all fees and gratuities whatever, paid or payable by any prisoner in Ireland on the entrance, commitment, continuance in custody, or discharge, of any such prisoner, to, in, or from, any prison in Ireland, shall absolutely cease and determine, and that no fee or gratuity shall be paid or payable by any such prisoner: And whereas doubts have arisen whether the provisions of the said recited Act of Parliament extends to prisoners confined for debt: Be it therefore declared and enacted, that the said recited Act, and the several clauses and provisions therein contained, do and shall extend and apply, and shall be construed to extend and apply, to prisoners confined or to be confined for debt in any prison in Ireland, in as full and ample a manner as if such prisoners had been specially mentioned therein; and that no fee or gratuity whatever shall be paid or payable by or in respect of any such prisoner (save and except in manner and in the cases specially excepted and provided for in the said recited Act); any law, custom, or usage to the contrary notwithstanding.

1 & 2 Geo. 4. c. 77.
Notice of abolition of fees to be affixed in all prisons.                                                                                137. There shall be hung up in a conspicuous manner in every prison in Ireland, a notice in the following words; videlicet,
‘NOTICE is hereby given, that all prison fees whatsoever are abolished by Act of Parliament; and any sheriff, under sheriff, gaoler, turnkey, clerk of the crown, clerk of the peace, or his or their deputy or deputies, bridewell keeper, or other officer, taking or demanding any fee, gratuity, or reward, is thereby subject to a penalty of five pounds; and that the abolition of such fees extends to all persons confined for debt, and to all prisoners required by their sentence to enter into recognizance after completing the period of their imprisonment.’

Grand juries in Dublin shall act at presenting terms.                                                                                138. Provided always, that all the acts and duties to be performed by the several grand juries at the assizes under this Act may, in the county of Dublin and county of the city of Dublin, be performed by the grand juries at the presenting terms duly met and impannelled.

[S. 139 rep. 38 & 39 Vict. c. 66. (S.L.R.); ss. 140–142 (last) rep. 36 & 37 Vict. c. 91. (S.L.R.)]

SCHEDULES to which this Act refers.
[Schedules (A.) to (E.) rep. 53 & 54 Vict. c. 51. (S.L.R.)]

SCHEDULE (F.)
Codnty Gaol of                                Assizes,18.
Return of Prisoners employed at Hard Labour.
No.                                           Name of Prisoner.  Nature of Sentence.  Period to which sentenced.  Name of Judge.  Tread wheel.  Average Number of Hours per Day.  Average No. of Feet Ascent per Day.  Other Species of Labour.  Average No. of Hours per Day.  OBSERVATIONS.

Member of board of superintendence.
Local inspector.
Keeper of the gaol.
[1 So much of this Act as relates to hulks, penitentiaries, and convict depåts, or to the classification, government, and inspection of the prisoners confined therein, rep. 17 & 18 Vict. c. 76. s. 1.]

[1 So much of section 89 as provides that it shall be lawful for the grand jury to appoint a keeper or governor of such house of correction as is therein mentioned, rep. 19 & 20 Vict. c. 68. s. 24.]


Preliminary.
Short title.                                                                                1. This Act may be cited as “The Railway Companies’ Powers Act, 1864.”

Interpretation of terms.                                                                                2. In this Act—
8 & 9 Vict. cc. 16, 17.
26 & 27 Vict. c. 118
The term “railway” includes works connected with or for the purposes of a railway, and also a railway authorized to be but not actually constructed :
The term “railway Bill” means a Bill pending in or intended to be introduced into either House of Parliament, having for its object or one of its objects to authorize the making of a railway :
The term “the Companies Clauses Acts” means, so far as the enactment in which that term is used relates to England or Ireland, or to a certificate to be operative in England or Ireland, the Companies Clauses Consolidation Act, 1845; and so far as the same relates to Scotland, or to a certificate to be operative in Scotland, the Companies Clauses Consolidation (Scotland) Act, 1845; together with, in each case, the Companies Clauses Act, 1863.

Description of Cases within this Act.
Act to apply in cases herein named.                                                                        3.[1] This Act shall take effect and apply in each of the cases following; namely,—
27 & 28 Vict. c. 121.
I. Where a railway company are desirous that authority should be given to themselves and some other railway company or companies to enter into an agreement with respect to all or any of the matters following; namely,
The maintenance and management of the railways of the companies respectively, or of any one or more of them, or of any part thereof respectively ;
The use and working of the railways or railway, or of any part thereof, and the conveyance of traffic thereon ;
The fixing, collecting, and apportionment of the tolls, rates, charges, receipts, and revenues levied, taken, or arising in respect of traffic ;
The joint ownership, maintenance, management, and use of a station or other work; or the separate ownership, maintenance, management, and use of several parts of a station or other work :
II. Where a railway company are desirous of obtaining an extension of the time limited for the sale by them of superfluous lands :
III. Where a railway company incorporated by special Act or by certificate under the Railways Construction Facilities Act, 1864, are desirous of obtaining authority to raise additional capital.

Application for Certificate.
As to application for certificate by company to Board of Trade.                                            4. In any such case the company, if desirous to obtain a certificate under this Act, shall proceed as follows; namely,
(1.) They shall apply to the Board of Trade for a certificate under this Act :
(2.) They shall lodge at the office of the Board of Trade a draft of the certificate as proposed by them :
(3.) They shall publish notice of the application according to the general rules under this Act.

Inquiry as to notices.                                                                                5. As soon as conveniently may be after the time for completion of the required notice, the Board of Trade shall proceed to inquire whether the company have complied with the requirements of the general rules respecting notice.

Representations and objections.                                                                            6. The Board of Trade, before settling a draft of a certificate, shall take into consideration any representation made to them, and shall duly inquire into the merits of any objection brought before them, respecting the application.

[Ss. 7, 8 rep. 33 & 34 Vict. c. 19. s. 2.]
Settlement of Draft Certificate.
Power to Board of Trade to settle draft certificate, according to nature of application, as herein named.  9. Where the Board of Trade proceed on the application, then, on being satisfied that the company have complied with the requirements of the general rules respecting notice, they may, if they think fit, settle a draft of a certificate, certifying to the effect following; namely,
In the first-mentioned case, that the companies in the certificate specified are authorized to agree among themselves with respect to all or any of the matters aforesaid in the certificate specified :
In the secondly-mentioned case, that the time limited for the sale by the company of superfluous lands is extended as in the certificate specified ;
In the thirdly mentioned case, that the company are authorized to raise, as capital, for the purposes of the certificate, such additional sum of money as therein limited, by the issue of new shares or new stock, either ordinary or preference, or partly ordinary and partly preference, or partly in that mode and partly by borrowing on mortgage, at the option of the company, or as may be prescribed in the certificate, and with power to create and issue debenture stock.

Insertion in certificate of provisions for effectuating the purpose thereof.                               10. The Board of Trade may (subject to the provisions of this Act, and having regard to the provisions of any special Act relating to any company empowered by a certificate,) insert in the certificate such provisions as they, according to the circumstances of the case, deem necessary or proper for better effectuating the purposes of the certificate, and the same shall be deemed to all intents part of the certificate.

Form of certificate.                                                                                11. The certificate may be in the form set forth in the schedule to this Act, with such provisions as aforesaid.

Submission of Draft Certificate to Houses of Parliament.
Draft certificate to be laid before Houses of Parliament.                                                  12. The Board of Trade shall lay the draft certificate settled by them before both Houses of Parliament within seven days after the same is settled, if Parliament is then sitting, or if not, then within seven days after the next meeting of Parliament, but not later in any year than the first day of June.

Notice thereof to be given.                                                                                13. On the draft certificate being settled, the promoters shall give notice thereof according to general rules under this Act.

If either House resolve that certificate ought not to be made, it shall not be proceeded with.             14. If either House of Parliament within six weeks after the draft of a certificate settled by the Board of Trade is laid before that House resolves that the certificate ought not to be made, the same shall not be further proceeded with.

Issue and Publication of Certificate.
If neither House resolve that certificate ought not to be made, Board of Trade may issue the same.         15. If neither House of Parliament within the period aforesaid thinks fit to resolve that the certificate ought not to be made, then as soon as the period of six weeks after the laying of the draft certificate before both Houses of Parliament has expired the Board of Trade may make and issue a certificate in conformity with such draft.

Publication of certificate in Gazette.                                                                     16. The certificate shall be published as follows; namely,
Where one company only is thereby empowered, then in the London, Edinburgh, or Dublin Gazette, according as the head office of the company is situate in England, Scotland, or Ireland :
Where two or more companies are thereby empowered, then in one or more of the Gazettes, according as the several head offices of the companies respectively are situate in England, Scotland, and Ireland respectively.

Effect of Certificate.
Certificate shall operate as a special Act ;                                                               17. As from the time (not being prior to such publication) in the certificate prescribed, and if none is prescribed then as from the time of such publication, the certificate shall have the same force and operation, and shall be as absolutely valid and conclusive to all intents, as if the contents thereof (taken in conjunction with this Act) had been expressly enacted by Parliament; and the validity of the certificate shall not be impeached on account of any alleged informality in any court or elsewhere.

and shall not be impeached for informality.
Judicial notice of certificate.                                                                            18. The certificate shall be judicially noticed without being specially pleaded.

Interpretation of certificate.                                                                             19. Terms used in the certificate shall have the same meanings as they have when used in this Act.

Acts incorporated with certificate.                                                                        20. There shall be incorporated with the certificate (which shall for this purpose be deemed the special Act)—
26 & 27 Vict. c. 92.
In the first-mentioned case, Part III. of the Railways Clauses Act, 1863 :
In the thirdly-mentioned case, the Companies Clauses Acts.
Rule as to short distances, in calculation of charges for traffic conveyed on two railways.                21. In the first-mentioned case, during the continuance of any agreement for the joint working of any two railways, in the calculation of tolls and charges for short distances in respect of traffic conveyed on both railways, the distances traversed shall be reckoned continuously on such railways as if they were one railway.

Restriction as to issue of shares.                                                                         22. It shall not be lawful for any company empowered by a certificate under this Act to issue any share created under the authority of the certificate, nor shall any such share vest in the person accepting the same, unless and until a sum not being less than one fifth part of the amount of such share is paid up in respect thereof.

Restrictions on company as to borrowing, &c.                                                               23. In the thirdly-mentioned case the company, whether incorporated by special Act or by certificate, shall be subject to the following restrictions; namely,
8 & 9 Vict. c. 16.
8 & 9 Vict. c. 17.
(1.) They shall not exercise any power of borrowing money under the certificate until the whole of the share capital authorized by the certificate is subscribed for or taken, and until one half thereof is actually paid up, and until they prove to the justice who is to certify under section 40 of the Companies Clauses Consolidation Act, 1845, or (in Scotland) to the sheriff who is to certify under section 42 of the Companies Clauses Consolidation (Scotland) Act, 1845, as the case may be, before he so certifies, that shares for the whole of the capital are issued and accepted, and that not less than one fifth part of the amount of each separate share has been paid up on account thereof before or at the time of the issue or acceptance thereof, and that all such shares are taken in good faith, and are held by the subscribers or their assigns, those subscribers or their assigns being legally liable for the same (of which matters the certificate of the justice or sheriff shall be sufficient evidence) :
(2.) They shall not borrow a larger sum in the whole than one third of the amount of the share capital authorized by the certificate :
(3.) They shall not, out of money raised under the certificate by calls or borrowing, pay interest or dividend to a share-holder on the amount of calls made on his shares, whether created under the certificate or otherwise (but this provision shall not prevent them paying to a shareholder under the certificate such interest on money advanced by him beyond the amount of calls actually made as is allowed by the Companies Clauses Acts) :
(4.) They shall not, out of money so raised, pay or deposit any money that may be required to be paid or deposited in relation to any application to Parliament or the Board of Trade :
(5.) They shall apply every part of the money so raised only for the purposes for which it is by the certificate authorized to be applied.

Miscellaneous.
Power to Board of Trade to reject application.                                                             24. Nothing in this Act shall make it obligatory on the Board of Trade to settle a draft of a certificate in any case, if it appears to the Board of Trade for any reason that the application for a certificate should not be complied with.

Nothing to exempt railways from operation of general Acts.                                                 25. Nothing in the certificate shall exempt any railway to which it relates, or the company to whom that railway belongs, from the provisions of any general Act of Parliament relating to railways, or to the better audit of the accounts of railway companies, passed before or after the issuing of the certificate, or from any revision and alteration, under the authority of Parliament, of the maximum tolls and charges allowed to be taken in respect of that railway.

Joint certificate may be given under this Act and 27 & 28 Vict. c. 121.                                    26. A certificate may be made under this Act and the Railways Construction Facilities Act, 1864, jointly; and in any such case the forms of certificate given in this Act and the said Act may be adapted to the circumstances of the case.

Approval by members of company.                                                                            27. Where, in case the company were proceeding by a railway Bill instead of under this Act, the approval of the Bill in any manner by the members of the company would be required under the Standing Orders of either House of Parliament for the time being in force, the Board of Trade shall not issue a certificate without being satisfied that the members of the company have in like manner approved of the application to the Board of Trade.

Power for Board of Trade to amend or revoke certificate.                                                   28. Subject and according to the restrictions and provisions of this Act, the Board of Trade, on the application of the company, may from time to time amend, extend, or vary by certificate any certificate issued under this Act, and may by certificate revoke a previous certificate issued under this Act.

Power to correct errors by further certificate.                                                            29. If in any case it is made to appear to the Board of Trade that any error has been committed in a certificate or in relation thereto, the Board of Trade may, subject and according to the restrictions and provisions of this Act, on the application of the company, body, or person affected by the error, and on notice to the company or companies empowered by the certificate, correct the error by a further certificate.

Proof of certificate, and of publication thereof.                                                          30. A copy of the London or Edinburgh or Dublin Gazette containing a certificate or a copy of a certificate, purporting to be printed by the printers of the London, Edinburgh, or Dublin Gazette, shall be conclusive evidence of the certificate and of the due publication thereof, without any proof of the Gazette, or without any proof of the copy having been in fact so printed, as the case may be.

Copies of certificate to be kept for sale.                                                                 31. Every company empowered by a certificate shall at all times keep at their head office copies of the certificate, printed by the printers of the Gazette or one of the Gazettes in which the same was published, in such form as general rules direct, to be sold to all persons desiring to buy the same, at a price not exceeding one shilling for each copy.

Penalty for neglect.
If any company fail to comply with this provision, they shall be liable to a penalty not exceeding twenty pounds, and to a further penalty not exceeding five pounds for every day during which such failure continues after the first penalty is incurred.

Application of Act to proprietors of railways, though not incorporated.                                    32. The provisions of this Act relative to the first-mentioned case and to the secondly-mentioned case respectively shall extend and apply, mutatis mutandis, to the proprietors of a railway although not incorporated as a company.

Recovery and application of penalties.                                                                     33. Penalties under this Act or under a certificate, the recovery and application whereof are not otherwise provided for, shall be recovered and applied as penalties under the Railways Clauses Consolidation Act, 1845, and the Railways Clauses Consolidation (Scotland) Act, 1845, as the case may require, are recoverable and applicable.

8 & 9 Vict. cc. 20, 33.
Custody of documents.                                                                                34. The Parliamentary Documents Deposit Act, 1837, shall apply to documents required to be deposited by general rules under this Act.

7 Will 4. & 1 Vict. c. 83.
General rules in schedule, with power to Board of Trade to amend.                                          35. The general rules under this Act shall in the first instance be those set forth in the schedule to this Act; and the Board of Trade may from time to time, for the better execution of this Act, make general rules adding to, altering, or revoking any general rules for the time being in force under this Act; but any general rules so made by the Board of Trade shall not have effect unless and until they are laid before both Houses of Parliament; and if either House of Parliament, within six weeks after the same are laid before that House, thinks fit to resolve that the same or any part thereof ought not to take effect, the same or that part thereof (as the case may be) shall not take effect; otherwise all rules made by the Board of Trade under the present section shall be of the same force and effect as if they had been comprised in the schedule to this Act.

Amendments to be laid before Parliament.
Publication of rules.
All general rules which are to take effect under the present section shall be published in the London, Edinburgh, and Dublin Gazettes.

Annual report to Parliament by Board of Trade.                                                             36. Not later than the first day of July in each year the Board of Trade shall lay before both Houses of Parliament a report respecting the applications to and proceedings of the Board of Trade under this Act during the year then last past.

The SCHEDULE referred to in the foregoing Act.
[Part (i.) rep. 33 & 34 Vict. c. 19. s. 2.]
(ii.)—Form of Certificate of Board of Trade.
Sect. 11 .
The Railway Company.
Certificate of the Board of Trade for the extension of time for sale of superfluous lands [as the case may be].

Whereas Railway Company have complied with the requirements of the Railway Companies’ Powers Act, 1864 :
Now, therefore, the Board of Trade do, by this their certificate, in pursuance of the said Act, and by virtue and in exercise of the powers thereby in them vested, and of every other power enabling them in this behalf, certify as follows :
[Here are to follow the provisions of the certificate, showing the powers conferred, and the terms and conditions (if any) imposed].

(Signed) C.D.,
The Board of Trade, Secretary to the Board of Trade.
Whitehall.
Dated this day of .
(iii.)—General Rules.
Sect. 35 .
Form of Application.
1. The application to the Board of Trade for a certificate is to be made by a memorial in writing, under the common seal of the company, lodged at the office of the Board of Trade.
2. Together with the memorial the company are to lodge a printed draft of the certificate as proposed by the company.

Advertisements as to Application.
3. Notice of the application to the Board of Trade is to be given by advertisement published as follows; namely,
In every case, once in each of three successive weeks in some one and the same newspaper of the county, city, or town, or county of a city or town, wherein the head office of the promoters is situate :
In the case referred to in the foregoing Act as the first-mentioned case, once in each of three successive weeks in some one and the same newspaper of each county, city, or town, or county of a city or town, wherein the head office of any railway company with whom the promoters propose to enter into an agreement is situate :
If in any case there is not any such newspaper as herein-before described, then in like manner in a newspaper of some adjoining or neighbouring county ;
In every case where one company only is proposed to be empowered, then in the London, Edinburgh, or Dublin Gazette, according as the head office of the company is situate in England, Scotland, or Ireland ;
In every case where two or more companies are proposed to be empowered, then in one or more of the Gazettes, according as the several head offices of the company respectively are situate in England, Scotland and Ireland respectively.

4. The advertisements are to be published either in the month of June or in the month of November, and not at any other time.
5. Each advertisement is to give the address of an office in London where copies of the draft certificate will be supplied, as herein-after directed.
6. Each advertisement is to state that all persons desirous of making to the Board of Trade any representation, or of bringing before them any objection, respecting the application, may do so by letter addressed to the secretary of the Board of Trade on or before the first day of August or first day of January next succeeding the date of the advertisement, according as the same is published in the month of June or in the month of November.
7. Within one week after the publication of the latest advertisement, a copy of each of the newspapers and Gazettes containing the several advertisements is to be lodged at the office of the Board of Trade.

Notice to Landowners.
8. In the case referred to in the foregoing Act as the secondly-mentioned case the promoters, in the month of June or in the month of November (as the case may be) in which the advertisements are published, are to serve notice of the application on the owners of lands adjoining to the lands to which the application relates.

Notice of Opposition.
9. Notice of opposition by a railway or canal company is to be lodged at the office of the Board of Trade not later than the first day of August or first day of January next succeeding the date of the advertisement of application, according as the same is published in the month of June or in the month of November.

Notice of Settlement of Draft Certificate.
10. On the draft certificate being settled by the Board of Trade, the promoters are to serve a copy thereof, with a notice that the draft has been settled by the Board of Trade, on every company, body, or person by whom any representation or objection respecting the application was made to or brought before the Board of Trade, and are also to give, by advertisement or otherwise, such public or other notice (if any) thereof as according to the circumstances of the case the Board of Trade direct.

Supply of Copies of Draft Certificate.
11. From the time of the publication of the first advertisement the promoters are to keep in the office mentioned in this behalf in the advertisement a sufficient number of copies of the draft of the certificate as proposed by them, and are to furnish there copies to all persons applying for them, at the price of not more than sixpence each.
12. From the time of the settlement of the draft certificate by the Board of Trade the promoters are to keep in the office aforesaid copies of the draft supplied to them for that purpose by the Board of Trade, and are to furnish there copies thereof to all persons applying for them, at such price (if any) as the Board of Trade from time to time direct.

Printing of Certificate.
13. Copies of the certificate printed by the printers of a Gazette are to be printed on ordinary white folio paper, similar in size to the paper on which the public general Acts of Parliament are printed for public sale.

[1 This section is extended, 31 & 32 Vict. c. 119. s. 38.]


Short title.                                     1. This Act may be cited for all purposes as the Deeds of Arrangement Act, 1887.

Extent of Act.                                   2. This Act shall not extend to Scotland.

[S. 3 rep. 8 Edw. 7. c. 49 (S.L.R.).]
Application of Act.                              4.—(1) This Act shall apply to every Deed of Arrangement, as defined in this section, made after the commencement of this Act.

(2) A Deed of Arrangement to which this Act applies shall include any of the following instruments, whether under seal or not, made by, for, or in respect of the affairs of a debtor for the benefit of his creditors generally (otherwise in pursuance of the law for the time being in force relating to bankruptcy), that is to say:—
(a) An assignment of property;
(b) A deed of or agreement for a composition;
And in cases where creditors of a debtor obtain any control over his property or business:—
(c) A deed of inspectorship entered into for the purpose of carrying on or winding up a business;
(d) A letter of licence authorising the debtor or any other person to manage, carry on, realise, or dispose of a business, with a view to the payment of debts; and
(e) Any agreement or instrument entered into for the purpose of carrying on or winding up the debtor’s business, or authorising the debtor or any other person to manage, carry on, realise, or dispose of the debtor’s business, with a view to the payment of his debts.

Avoidance of unregistered deeds of arrangement.  5. A Deed of Arrangement to which this Act applies shall be void unless the same shall have been registered under this Act within seven clear days after the first execution thereof by the debtor or any creditor, or if it is executed in any place out of England or Ireland respectively, then within seven clear days after the time at which it would, in the ordinary course of post, arrive in England or Ireland respectively, if posted within one week after the execution thereof, and unless the same shall bear such ordinary and ad valorem stamp as is under this Act provided.

Mode of registration.                            6. The registration of a Deed of Arrangement under this Act shall be effected in the following manner:—
(1) A true copy of the deed, and of every schedule or inventory thereto annexed, or therein referred to, shall be presented to and filed with the registrar within seven clear days after the execution of the said deed (in like manner as a bill of sale given by way of security for the payment of money is now required to be filed), together with an affidavit verifying the time of execution, and containing a description of the residence and occupation of the debtor, and of the place or places where his business is carried on, and an affidavit by the debtor stating the total estimated amount of property and liabilities included under the deed, the total amount of the composition (if any) payable thereunder, and the names and addresses of his creditors:
(2) No deed shall be registered under this Act unless the original of such deed, duly stamped with the proper inland revenue duty, and in addition to such duty a stamp denoting a duty computed at the rate of one shilling for every hundred pounds or fraction of a hundred pounds of the sworn value of the property passing, or (where no property passes under the deed) the amount of composition payable under the deed, is produced to the registrar at the time of such registration.

Form of register.                                7.[1] The registrar shall keep a register wherein shall be entered, as soon as conveniently may be after the presentation of a deed for registration, an abstract of the contents of every Deed of Arrangement registered under this Act, containing the following and any other prescribed particulars:—
(a) The date of the deed:
(b) The name, address, and description of the debtor, and the place or places where his business is carried on, and the title of the firm or firms under which the debtor carries on business, and the name and address of the trustee (if any) under the deed:
(c) A short statement of the nature and effect of the deed, and of the composition in the pound payable thereunder:
(d) The date of registration:
(e) The amount of property and liabilities included under the deed, as estimated by the debtor.

Registrar and office for registration.           8.—(1) The Registrar of Bills of Sale in England and Ireland respectively shall be the registrar for the purposes of this Act.

(2) In England the Bills of Sale Department of the Central Office of the Supreme Court, and in Ireland the Bills of Sale Office of the Queen’s Bench Division of the High Court, shall be the office for the registration of Deeds of Arrangement.

Rectification of register.                       9. The Court or a Judge upon being satisfied that the omission to register a Deed of Arrangement within the time required by this Act or that the omission or mis-statement of the name, residence, or description of any person was accidental or due to inadvertence, or to some cause beyond the control of the debtor and not imputable to any negligence on his part, may on the application of any party interested, and on such terms and conditions as are just and expedient, extend the time for such registration, or order such omission or misstatement to be supplied or rectified by the insertion in the register of the true name, residence, or description.

Time for registration.                           10. When the time for registering a Deed of Arrangement expires on a Sunday, or other day on which the registration office is closed, the registration shall be valid if made on the next following day on which the office is open.

Office copies.                                   11.[2] Subject to the provisions of this Act, and to any rules made thereunder, any person shall be entitled to have an office copy of, or extract from, any deed registered under this Act upon paying for the same at the like rate as for office copies of judgments of the High Court, and any copy or extract purporting to be an office copy or extract shall, in all courts and before all arbitrators or other persons, be admitted as primâ facie evidence thereof, and of the fact and date of registration as shown thereon.

Inspection of register and registered deeds.     12.[1] —(1) Any person shall be entitled, at all reasonable times, to search the register on payment of one shilling, or such other fee as may be prescribed, and subject to such regulations as may be prescribed, and shall be entitled, at all reasonable times, to inspect, examine, and make extracts from any registered Deed of Arrangement, without being required to make a written application or to specify any particulars in reference thereto, upon payment of one shilling, or such other fee as may be prescribed, for each Deed of Arrangement inspected.

(2) Provided that the said extracts shall be limited to the dates of execution and of registration, the names, addresses, and descriptions of the debtor and of the parties to the deed, a short statement of the nature and effect of the deed, and any other prescribed particulars.

Local registration of copy of deeds.             13.—(1) When the place of business or residence of the debtor who is one of the parties to a Deed of Arrangement, or who is referred to therein, is situate in some place outside the London Bankruptcy District, as defined by the Bankruptcy Act, 1883, the registrar shall within three clear days after registration, and in accordance with the prescribed directions, transmit a copy of such deed to the registrar of the county court in the district of which such place of business or residence is situate.

46 & 47 Vict. c. 52.
(2) Every copy so transmitted shall be filed, kept, and indexed by the registrar of the county court in the prescribed manner, and any person may search, inspect, make extracts from, and obtain copies of, the registered copy, in the like manner and upon the like terms, as to payment or otherwise, as near as may be, as in the case of deeds registered under this Act.
(3) This section shall not apply to Ireland.
Affidavits.                                      14. Every affidavit required by or for the purposes of this Act may be sworn before a Master of the Supreme Court in England or Ireland, or before any person empowered to take affidavits in the Supreme Courts of England or Ireland.

Fees.                                            15.—(1)[2] There shall be taken, in respect of the registration of Deeds of Arrangement, and in respect of any office copies or extracts, or official searches made by the registrar, such fees as may be from time to time prescribed; and nothing in this Act contained shall make it obligatory on the registrar to do, or permit to be done, any act in respect of which any fee is specified or prescribed, except on payment of such fee.

38 & 39 Vict. c. 57.
40 & 41 Vict. c. 57.
(2) The twenty-sixth section of the Supreme Court of Judicature Act, 1875, as regards England, and the eighty-fourth section of the Supreme Court of Judicature Act (Ireland), 1877, as regards Ireland, and any enactments for the time being in force amending or substituted for those sections respectively shall apply to fees under this Act, and orders under those sections may, if need be, be made in relation to such fees accordingly.

[S. 16 rep. 8 Edw. 7. c. 49 (S.L.R.).]
Saving as to Bankruptcy Acts.                    17. Nothing contained in this Act shall be construed to repeal or shall affect any provision of the law for the time being in force in relation to bankruptcy, or shall give validity to any deed or instrument which by law is an act of bankruptcy, or void or voidable.

Rules.                                           18.[1] —(1) Rules for carrying this Act into effect may be made, revoked, and altered from time to time by the like persons and in the like manner in which rules may be made under and for the purposes of the Supreme Court of Judicature Acts, 1873 to 1884, as regards England, and the Supreme Court of Judicature Act (Ireland), 1877, as regards Ireland.

36 & 37 Vict. c. 66.
40 & 41 Vict. c. 57.
(2) Such rules as may be required for the purposes of this Act may be made at any time after the passing of this Act.

Interpretation of terms.                         19. In this Act, unless the context otherwise requires,—
46 & 47 Vict. c. 52.
“Court or a judge” means the High Court and any judge thereof;
“Creditors generally” includes all creditors who may assent or take the benefit of a Deed of Arrangement;
“Person” includes a body of persons corporate or unincorporate;
“Prescribed” means prescribed by rules to be made under this Act;
“Property” has the same meaning as the same expression has in the Bankruptcy Act, 1883;
“Rules” includes forms.
[1 Applied to documents and affidavits filed in pursuance of 53 & 54 Vict. c. 24; see s. 2 (6) of that Act.]

[2 Applied to documents and affidavits filed in the King’s Bench Division of the High Court under 53 & 54 Vict. c. 24; see s. 2 (8) of that Act.]

[1 Applied to documents and affidavits filed in the King’s Bench Division of the High Court under 53 & 54 Vict. c. 24; see s. 2 (8) of that Act.]

[2 Applied to documents filed in pursuance of 53 & 54 Vict. c. 24; see s. 2 (7) of that Act.]

[1 Applied to Rules of Court made under 53 & 54 Vict. c. 24; see s. 3 of that Act.]