Debtors' Prison Regulations




364

THE NEW ZEALAND GAZETTE.

After such examination, the place to be occupied by
the Debtor shall be assigned to him by the Gaoler.
3. Debtors may procure for themselves, and receive
during visiting hours, articles of clothing and bedding,
and other necessaries, except food, to a reasonable
amount, to be determined by the Gaoler; and Debtors
not receiving prison rations may procure for them-
selves, and receive during such visiting hours, any
food not requiring to be cooked, to a reasonable
amount, to be determined by the Gaoler; but all
such articles shall be examined, in order that it may
be ascertained that they are clean, and not likely to
communicate infection or facilitate escape. Debtors
dissatisfied with the determination of the Gaoler as
to amount, may appeal to the Visiting Justices, who
may make such order thereon as they may think fit.

  1. Debtors unable to provide food for themselves
    shall receive rations equal at least in quantity and
    quality to the highest class of rations supplied to
    other prisoners within the Gaol; and the rations of
    such Debtors shall be fixed from time to time by the
    Visiting Justices, and shall be provided separately
    from those of other prisoners. Debtors receiving
    Gaol rations-provided they assist daily (personally
    or by substitute), to the satisfaction of the Gaoler,
    in keeping clean and in order the apartments which
    they occupy-shall have permission, by order of the
    Gaoler (entered in his books), to receive, through
    him, such additional food (not requiring to be cooked)
    as he shall deem reasonable, not more than three
    times a week, during visiting hours.

If any Debtor shall be dissatisfied with the decision
of the Gaoler with reference to this rule, he may
appeal to the Visiting Justices, who may make such
order thereon as they may think fit.

  1. Any Debtor who shall assist daily (either per-
    sonally or by substitute), to the satisfaction of the
    Gaoler, in keeping clean and in order the apartments
    which he occupies, shall be permitted to procure, at
    the cost of himself or his friends, through the Gaoler,
    daily, at an hour or at hours to be fixed by the
    Gaoler, such moderate quantities of beer, wine, and
    spirits as the Medical Officer of the Gaol shall
    deem reasonable (regard being had to the health,
    condition, and previous habits of the Debtor), and
    shall specify by an entry in writing in a book to be
    kept for the purpose; and such Debtor shall consume
    such beer, wine, or spirits, in the presence of the
    Gaoler or some other officer of the Gaol, and shall
    not be allowed to remove the same from the place
    where it shall be delivered to him.

  2. Every facility, consistent with the circumstances
    and safety of the Gaol, and the convenience of its
    officers, shall be given to Debtors, for enabling them
    to work at any trade, business, or employment with
    which they may be conversant.

  3. The Gaoler shall permit every Debtor who may
    wish it, to attend at the performance of any Divine
    Service which may take place within the Gaol, and
    shall assign him a place apart from convicts and
    criminals awaiting for trial.

  4. Debtors shall rise and fold up their bedding,
    and their rooms shall be unlocked, at 6 a.m., from
    the 1st day of October to the 31st day of March
    inclusive, and at daylight from the 1st day of April
    to the 30th day of September inclusive. They shall
    be locked up at sunset all the year round. All lights
    in their rooms shall be extinguished at 9.30 p.m.

Provided always that it shall be competent for the
Visiting Justices of any Gaol, with the sanction of a
Judge of the Supreme Court, to substitute, for the
hours and times in this rule mentioned, any other
hours or times which the circumstances of the Gaol
shall seem to them to render more desirable-notice
of which shall be posted in the Gaol along with a
copy of these Rules.

  1. Debtors will be permitted to see visitors on
    week-days from 9 a.m. to 5 p.m. from the 1st day of
    October to the 31st day of March inclusive; and from
    9 a.m. to 4 p.m. from the 1st day of April to the 30th
    day of September inclusive; or at any other hours or
    for any specified time, by permission, in writing, of a
    Visiting Justice. The visit of each visitor not to
    exceed one hour in one day, except by permission of
    a Visiting Justice, or by leave of the Gaoler for
    sufficient cause assigned, to be entered by him in the
    books of the Gaol; and more than one visitor to one
    debtor at one time shall not be permitted without
    reasonable cause assigned, if the Gaoler shall deem an
    addition to the number of visitors at the time incon-
    venient.

  2. Visitors shall not be admitted on Sundays
    during Divine Service, or at any other time on
    Sundays, except by leave in writing of a Visiting
    Justice, specifying the hour at which such visit shall
    take place and the duration thereof: Provided that
    the Gaoler may, for any urgent cause, the particulars
    of which he shall enter in the books of the Gaol at
    the time, admit Visitors to any Debtor at times other
    than those appointed by the two last-mentioned rules,
    either on Sundays or on week-days.

  3. Debtors shall have access during daylight to
    the airing yard, at all times consistent with the
    circumstances of the Prison.

  4. The Gaoler shall forthwith transmit to a Judge
    of the Supreme Court acting in the district within
    which the Gaol is situated, any complaint or petition
    which any such Debtor may wish to present to such
    Judge.

  5. The Judge of the district within which such
    Gaol is situated may make any such special order as
    to all or any of the Debtors imprisoned in such Gaol
    consistent with the circumstances and resources
    thereof, and not inconsistent with these Rules, as he
    may think fit.

  6. A copy of these Rules shall be posted in some
    part of the Gaol where every Debtor in the same
    may be able to see them.

  7. The following acts are strictly prohibited, and
    will be punishable either by reduction in quantity or
    quality of rations, or by a penalty not exceeding £10,
    to be recovered summarily under the provisions of
    the eighth section of the Prisons Ordinance, or by
    confinement in a solitary cell on bread and water,
    under the eleventh section of the said Ordinance,
    hereinafter mentioned :-

(1.) Disobedience of any of the foregoing Rules.
(2.) Smoking elsewhere than in the airing yard
of the Gaol.
(3.) Gambling, or playing at any game of chance.
(4.) Holding, or attempting to hold, conversation
with Prisoners or persons waiting for trial.
(5.) Giving, or attempting to give, to any Con-
victs, or Prisoners waiting for trial, or
Lunatics, any food, drink, tobacco, pipes,
lucifer matches, newspapers, or other pro-
hibited articles.
(6.) Writing upon or otherwise defacing walls
doors, windows, or other parts of the Gaol.
(7.) Making noises by shouting, singing, whist-
ling, or otherwise, after notice given by
Gaoler.
(8.) Closing doors or windows contrary to the
orders of the Gaoler.
(9.) Using or making any insulting, violent
indecent, or threatening language, or
gestures to any officer of the Gaol.

ALEXANDER J. JOHNSTON, Acting C. J.
HENRY BARNES GRESSON, J.
CHRISTOPHER W. RICHMOND, J.
HENRY S. CHAPMAN, J.
JOSEPH S. MOORE, J.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1867, No 49





✨ LLM interpretation of page content

⚖️ Continuation of Rules for Management of Debtors' Prisons (Rules 3-15) (continued from previous page)

⚖️ Justice & Law Enforcement
15 August 1867
Debtors, Prison rules, Gaoler, Visiting Justices, Rations, Discipline, Supreme Court Judge
  • Alexander J. Johnston, Acting Chief Justice
  • Henry Barnes Gresson, Justice
  • Christopher W. Richmond, Justice
  • Henry S. Chapman, Justice
  • Joseph S. Moore, Justice