Gaol Regulations Continuation




confinement for any period not exceeding seven
days, and in addition thereto (at the option of the
Visiting Justice who may hear the case), a diminu-
tion of his rations, and in addition, in case of
destruction or injury of property by a prisoner who
shall have money or property in the hands of the
Gaoler, such money or property may be wholly or
partially forfeited by order of a Visiting Justice, to
repay such destruction or injury. Any refractory
prisoner who may have been twice convicted of any
of the offences included in sub-sections 1 to 8, herein-
before mentioned, shall for every third and subsequent
conviction be punishable by being placed in solitary
confinement for any period not exceeding fourteen
days, by diminished rations, and by being placed in
irons.

  1. Every prisoner who shall be guilty of any of
    the offences next hereinafter mentioned—that is to say,
    (1.) Attempting to escape;
    (2.) Conniving at and concealing a prisoner or
    prisoners attempting to escape;
    (3.) Assaulting any officer of the gaol,—
    shall, in addition to any punishment to which he may
    by law otherwise be sentenced, be punishable by
    solitary confinement for any period not exceeding one
    month, by diminished rations, and by being placed
    in irons.

  2. Every prisoner who shall be guilty of any of
    the offences next hereinafter mentioned—that is to say,
    (1.) Mutiny or outbreak;
    (2.) Assaulting an officer with intent to do
    grievous bodily harm;
    (3.) Setting on fire, or attempting to set on fire,
    the gaol building or other property,—
    shall, in addition to any punishment to which he may
    by law otherwise be sentenced, be punishable by
    solitary confinement for any period not exceeding one
    month at any one time, or for three months in periods
    of one calendar month at intervals of at least one
    calendar month each, by placing in irons, whipping
    (not exceeding fifty lashes at one time), by imprison-
    ment (not exceeding twelve calendar months), and by
    diminished rations, in addition to the original sentence.

  3. In all cases where the punishment of whipping
    shall be inflicted upon adults under clause 47 of these
    regulations, the Surgeon or Medical Officer of the
    gaol, or if there be none, then some legally qualified
    Medical Practitioner, shall be present when the
    punishment is inflicted, and such Surgeon, Medical
    Officer, or Medical Practitioner, if he be of opinion
    that the prisoner is not at any time able to bear the
    whole or any part of the said punishment, shall certify
    the same in writing to the Visiting Justices who may
    have awarded the punishment, and in such case the
    infliction of the whole or of such part as he shall
    certify that the prisoner is not able to bear shall be
    altogether forborne, or shall be postponed for such
    time as the said Visiting Justices shall think fit.

  4. Females guilty of repeated breaches of gaol
    regulations shall be liable to have their hair cut close,
    in addition to any other punishment to which they
    may be subject.

  5. Complaints touching any of the offences men-
    tioned in sub-sections 1 to 8 inclusive of clause 45,
    and sub-sections 1 to 3 inclusive of clause 46, of these
    regulations, may be heard and determined by any one
    or more of the Visiting Justices. Complaints touching
    offences named in sub-sections 1 to 3 inclusive of
    clause 47 of these regulations must be heard and
    determined by not less than two Visiting Justices.

  6. Every sentence of punishment, with the nature
    of the offence, shall be entered in the Defaulters'
    Book, and be signed by the Visiting Justice or
    Justices.

Juvenile Offenders.

  1. In the case of juvenile offenders the Visiting
    Justice or Justices may, if they think fit, order those
    who may be found guilty of any of the offences
    hereinbefore mentioned to be privately whipped, not
    exceeding at any one time twenty lashes. In every
    such case of whipping the Gaoler must be present,
    and the instrument used for inflicting the punish-
    ment must be approved by the Visiting Justice or
    Justices.

Attempt to Escape.

  1. Any prisoner leaving his allotted place while
    at work, with intent to escape, or otherwise making
    any attempt to escape, will render himself liable to
    be shot by the Guard or other officer in whose charge
    he may be; and each prisoner is hereby cautioned,
    that if he makes any such attempt he does so at his
    own risk and peril. Any prisoner attempting to
    escape, or who having escaped shall be recaptured,
    shall be put in irons for such time as a Visiting
    Justice shall direct.

Daily Rations.

  1. No. 1, Punishment—For prisoners sentenced
    to solitary confinement for a period not exceeding
    seven days—Bread, 24 oz.; water, ad libitum; soap,
    OZ.

No. 2, Punishment—For prisoners sentenced to
solitary confinement for a period exceeding seven
days—Bread, 24 oz.; oatmeal, 6 oz., with salt;
soap, oz.; water, ad libitum.

No. 3, Probationary—Ordinary rations for prisoners
not at hard labour—Bread, 16 oz.; potatoes, 8 oz.;
meat, 6 oz.; oatmeal, 6 oz.; salt, oz.; soap, oz.

No. 4, Hard Labour—Bread, 16 oz.; potatoes,
16 oz.; meat, 16 oz.; oatmeal, 6 oz.; salt, oz.;
soap, oz.

  1. Prisoners under medical treatment will receive
    such rations as may be ordered by the Medical
    Officer, subject to the approval of a Visiting Justice.

  2. Every male prisoner will be supplied with the
    following articles of clothing, viz.,—two cotton shirts,
    two pairs trousers, one serge shirt, one blue or red
    guernsey, one pair boots, two pairs of worsted socks,
    one cap, one rug, two blankets, the whole of which
    will be handed to him in good wearable condition;
    they will be marked with the gaol brand and number.

  3. Each pair of trousers and boots, and each
    cotton shirt, must last six months; each serge shirt,
    guernsey, and cap, twelve months.

  4. Every female prisoner will be supplied with
    two calico shifts, two calico petticoats, two flannel
    petticoats, two dresses, one pair of boots, and one
    hood.

  5. No prisoner will be allowed to wear any private
    clothing whatsoever, except underclothing by order of
    the Medical Officer. They are not to have in their
    possession any article of food or clothing, &c., except
    such as shall have been issued to them and sanctioned
    by the Visiting Justices and Medical Officer. All
    articles of luxury are strictly prohibited.

Gaoler.

  1. He shall reside in the establishment, from which
    he shall not absent himself for a longer period than
    six hours during the day, nor on any occasion at night
    without written authority of the Superintendent.
    He shall be responsible for the discipline, manage-
    ment, and safe custody of the prisoners, the impartial
    enforcement of penal discipline, and the introduction
    and maintenance of habits of industry, cleanliness,
    order, and obedience among them, and in the estab-
    lishment generally.

  2. He shall duly ascertain that the prisoners are
    correctly instructed in labour, and are so placed as to
    preclude their carrying on conversation unheard by
    the officer in charge. He will therefore at uncertain
    hours visit the working parties.

  3. He shall see that all officers under his charge



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1870, No 57





✨ LLM interpretation of page content

⚖️ Continuation of Regulations for Marlborough Gaol (Punishments, Rations, Gaoler Duties) (continued from previous page)

⚖️ Justice & Law Enforcement
12 October 1870
Prison discipline, solitary confinement, rations, clothing, Gaoler duties, juvenile offenders, escape attempts, medical officer