244 G A 
any afTelTment to the making tlie common gaol of the 
fliii'c. 
By Bat. 24 Geo. III. ft. 2. c. 54, the juftices, at then- 
general ciuarter feliioiid, or the major part of them, not 
being let's than feven, on prefentment made by the grand 
jnry, of the info tficiency, inconveniency, or want of re¬ 
pair, (X the gaol, may contradf for the building, repair¬ 
ing, or enlarging, the fame ; or for erecting any new 
gaol upon any feite within two miles from that ot the old 
gaol; and in that cafe for the felling the old goal, and 
the feite thereof, and the materiais and land belonging 
thereto. In certain cafes alfo jnltices may build a new 
gaol in any part of the county; which is always to be 
divided into feparate apartments, with divers conveni¬ 
ences, for the benefit of the health and morals of the 
prifoners, which are enforced by ftat. 31 Geo. III. c. 46. 
f uftices of peace may not commit feloJis, and other 
criminals, to the'eounters in London, or other prifons, 
but the common gaols,'fur legally they cannot imprifon 
any where but in the common gaol. Co. Lit, 9, 119. But 
the houfe of correftion, and the counters of the fiierifts 
of London, are tlie common prifons for oft'enders for the 
breach of the peace, &c. And by ftat. 5 Hen. I'V. 
c. 10, itisenafted, “ That none fhall be imprif'oncd by 
■any jiiftice of the peace, but only in tlie common gaol, 
faving to lords and others, who have gaols, their fran- 
chifein this cafe.” 'I'his ftatute is only declaratory of 
fhe common law. 2/«_/?. 43. But the court of king’s 
bench may commit to any prifon in the .kingdom which 
they fhall think moft proper, and the offender fo com¬ 
mitted or condemned to imprifonment cannot be remov¬ 
ed or bailed by an/ other court. Moor 666. pi. 919. 
1 Sid. 145. 31 C. II. c. 2, 
And as prifoners ought to be committed at firftto the 
proper prifon, fo ought they not to be removed from 
thence, e.xcept in fome fpecial cafes. To which pur- 
pof'e, by the faid ftat. 31 Car. II. c. 2, it is enacted, 
“ T-'hat if any fubjeit of this realm fliall be committed 
to any prifon, or in cuftody of any officer, for anycrimi- 
nal or fuppof'ed criminal inatter, he fliall not be. emoved 
into the cuftody of any other ; unlefs it be by a habeas 
corpus^ or other legal writ; or where the prifoner is de¬ 
livered to the confiablc, &cc. to be carried to fome com- 
inongaol; or wJiere any perfon is lent by order of any 
judge of aflife, or jtiftice of the peace, to any common 
work-houfe, or houfe of correClioii; or where the pri¬ 
foner is removed from one prifon to another within the 
fame county, in order to a trial or dil'charge by due 
courfe of law ; or in cafe of I'udden fire or infeftion, or 
other neceflity; upon pain that he who makes out, figns, 
or counterfigns, or obeys, or executes, fuch warrant, 
fhall forfeit to the party grieved tool, for the firft of¬ 
fence, 200L for the fecond, &c.” See ftat. 19 Car. II. c. 4, 
for irnpowering jurtices ot the >peace to remove pi'ifoners 
in cafe of infettion. 
By ftat. II & 12'Will. III. c. 10, all murderers and 
felons fhall be iniprifoned in fhe common gaol, and tlie 
fheritfslhall iiave the keeping of the gaol. And oft'enders 
committed to prifon, are to bear the charges of their 
conveying to gaol; or, on refufal, their goods fhall be 
fold for tliat purpofe, by virtue of ajuftice of peace’s 
warrant; and if they have no goods, a tax is to be made 
by conftables, &c. on the inhabitants of the parifli where 
t.he oft'enders were apprehended. 3 Jac. I. c. lO. And 
by ftat, 27 Geo. II. c. 3. the expence of conveying 
poor oft'enders to gaol, err the houfe of corredtion, fhall 
be.paid by the treafurpr of the county, except in Mid- 
dlefex. 
For the relief of prifoners in gaols, juftices of 
peace in felfions h.ave power to tax every parifli in the 
county, not exceeding 6s. 8d. per lycek, leviable by 
conftables, and diitributed by collectors, &c. \xEliz. c. 
5. 12 C. II. c. 29. And by ftat. 31 Geo. ill. c. 46, the 
juftices in fellions may order fuch funis as they fliall 
O L. 
think ncceftary to b,e paid out of tlie county-rate towards 
aflifting fuch prifoners as are not able to .work, or being 
able, cannot procure employment fufficient to maintain 
themfelveS in food and raiment, and not otherwife pro¬ 
vided for by law. 
Various provifions have been, from time to time, 
made for the relief of poor prifoners, and letting, them 
to -work. By ftat. 22 & 23 Car. II. c. 20, it is enafted, 
“That till flierift'.s, gaolers, &c. fhall permit their pri- 
foiiers to fend for neceft'ary food where they pleafe ; nor 
demand any greater fee for their cominitnient or dif- 
charge, than what is allowable.” Alfo it is tliercby di- 
redted, that an inquiry be made into all charities given 
for the benefit of poor prifoners. And by ftat. 29 Geo. 
III. c. 67, every gaoler is, on forfeiture (of 30I. if a 
county gaoler, and2ol, if a bridewell keeper), to deliver 
in at the Michaelmas fellions yearly, a certificate ftating 
how far the provifions made by various ftatutes for'the 
benefit of prifoners, are obferved in his gaol. The 
following are the ftatutes to be particularized in fuch 
certificate. 
“'I’he ftat 22 & 23 Car. II. c. 20, enacts, that felons 
and debtors fhall be kept feparate. Stat. 24 Geo. II. c. 
40, enadts, that no gaoler fliall fell, lend, ufe, give away, 
or ftift'er, any Ipirituous liquors witliin any gaol : and 
that a copy of th.e claufes prohibiting thereof fliall be 
hung up in the gaol. Stat. 32Geo. II. c. 28, enadfts, 
The clerk of the peace fliall caufe a lift of the fees pay¬ 
able by debtors, and the rules and orders for the govern¬ 
ment of gaols and prifons, to be hung up in the court 
where the allifes or fellions are held, and fend another 
copy to the gaoler, wlto fhall caufe the fame to be hung 
up in a confpicuous part of the gaol. Stat. 13 Geo. III. 
c. 58, enacts. That clergymen may be provided to offi-. 
ciate in gaols. Stat. 14 Geo. III. c. 20, enadts. That 
perfons acquitted, or difeharged on proclamation for 
w'ant of profecution, fhall be difeharged immediately in 
open court and without, fee. Stat. 14 Geo. III. c, ' 
59, enadts. That the w'alls and ceilings of cells in gaols 
lhall be feraped and vvhite-waflied, at leajl once ayear ; 
that the cells lhall be kept clean, and fupplied with frelh 
air by ventilators, &c. that there lhall be two rooms let 
apart for the lick; that a warm and cold bath or batli- 
ing tubs fliall be provided ; that a furgeon or apothecary 
lhall be appointed with a falary ; that this adl fliall be 
hung up in the gaol.” And by ftat. 32 Geo. III. c. 45, 
Prifoners difeharged may, on application, be conveyed 
to their fettlement by a vagrant pafs. See the article 
Vagrant. Thus humane have the legiflature conti¬ 
nually Ihewn themfelves, in repeatedly interfering for 
the health and comfort of thofe who are confidered ge¬ 
nerally as the mere out-cafts of fociety. To employ them 
alfo in ufeful induftry, and thus turn their minds to good 
from evil, has been another attempt no lefs praife-worthy 
than the former. 
The juftices in general fellions may provide a conveni. 
ent flock of materials for letting poor prifoners to work, 
to be paid for by the treafurer out of the general county- 
rate : and may pay and provide fit perfons to overfee and 
fet fuch prifoners on work ; and make the orders needful 
as to regulating the accounts, for punilhing neglects and 
abitfes, and for bellowing the profits of their labour for 
the relief of the priioners. Stats. 19 C. II. c. 4. 12 Geo. II. 
c. 29. 31 Geo. III. c. 46. 
The oft'ence of breaking gaol, by the common law, 
was no lefs than felony.; and this whether the party tvere 
committed in a criminal or civil cafe, or whether he 
were adtually within the walls of the prifon, or only in 
the flocks, or in the cuftody of any perfon who had law¬ 
fully arrelled him, or whether he were in the king’s 
prifon, or one belonging to a lord, or franchife. 2//^. 
589. But now, by the ftatute i Ldw. II. ftat. 2. defran- 
gentibus prijonam, “ None from henceforth that breaketh 
prifon lliall have judgment of life, or member, for break¬ 
ing 
