Prison Regulations and Duties




190

  1. Smoking or supplying to or leaving in the way of a prisoner to whom the indulgence is prohibited, tobacco, pipes, or other articles forbidden.

  2. Any prisoner of the first class supplying another of an inferior class with any article prohibited to such inferior class, shall be punishable as follows, that is to say,—if the offender belong to the first class, by being reduced to the second class.

If the offender be of the second class by being placed in solitary confinement for any period not exceeding forty-eight hours, and a diminution of his rations according to scale No. 2.

Every Convict 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 prisoners in attempting to escape.
  3. Threatening violence to any officer of the Gaol,

shall be punishable by solitary confinement for any period not exceeding fourteen days, and diminished rations as mentioned in the former Regulation, and also by reduction to second class.

Every person who may be so confined as aforesaid and 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 be punishable by solitary confinement for any period not exceeding fourteen days, at any one time, and not to be repeated at a less interval than forty-two days, and not exceeding six calendar months in the whole, by placing in irons and with reduction to second class, if belonging to the first class, and such person shall not be entitled to the privileges of the first class until he shall have undergone a probation of at least one year.

The above punishments may be awarded and inflicted by any Visiting Justice upon due proof, upon oath, of the commission of the offence in respect of which such punishment is awarded.

Every sentence of punishment awarded under the above Regulations with the nature of the offence and the name of the Visiting Justice shall be entered in the “Defaulters’ Book,” and signed by the Visiting Justices or one of them.

Duties of Keeper.

The Keeper of the said Gaol shall see that the Regulations are duly enforced. He is responsible for the discipline, management and safe custody of the convicts. He will see that every officer under his charge performs his allotted duties. He will have power in case of attempted escape or flagrant breach of discipline or of any of these Regulations to place at once in solitary confinement and in irons if necessary, the prisoner or prisoners so offending, provided always that the same shall be reported by him within twenty-four hours to a Visiting Justice, by whom the matter shall be investigated and dealt with.

He is also to search all prisoners and take possession of, for the Crown, any property found at any time in their possession. He shall cause every prisoner to be strictly searched, the irons and cells minutely examined, and the names of all prisoners to be called over by the officer on duty at the time of rising in the morning and locking up at night, and also at noon and on the return from work of the hard labour gang.

Duties of Overseers.

Overseers to have charge of the working parties. To direct the work of the prisoners and to supervise the duties of the Guard.

The overseer to muster his gang in going to and returning from work. To acquaint the guard with each muster, morning, noon, and afternoon. The overseers will prevent all unauthorised persons from holding any communication with any prisoners under their charge.

Duties of Guards.

Guards except when acting as overseers not to be allowed to hold any communication with prisoners except on matters of discipline.

Guards when on duty never to be allowed without arms—to consist of a Musket, Bayonet and Pistols with twelve rounds of ball-cartridge.

Guards when on duty not to allow any prisoner to approach any nearer to them than ten paces, nor to permit any prisoner to go beyond the prescribed limits without the order of the Overseer or other officer in charge.

On any person passing, or attempting to pass, the prescribed bound, it is the duty of the Guard to challenge him by calling out “stand prisoner” with the prisoner’s name or number. On this challenge being repeated twice and the prisoner neglecting or refusing to stand, then it shall be lawful for the Guard or other officer.



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Online Sources for this page:

VUW Te Waharoa PDF Otago Provincial Gazette 1862, No 215





✨ LLM interpretation of page content

⚖️ Proclamation for Convict Prison Regulations in Otago (continued from previous page)

⚖️ Justice & Law Enforcement
17 October 1862
Convict Prison, Regulations, Otago, Secondary Punishment Act, 1854