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Prisons (Scotland) Act 1877

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This is the original version (as it was originally enacted).

70Definition of "prisoner" and "maintenance of prisoner" and "cell accommodation for prisoner"

A " prisoner " for the purposes of this Act means any person committed to prison for trial, safe custody, punishment, or otherwise; and " the maintenance of a prisoner" includes all such necessary expenses incurred in respect of a prisoner for food, clothing, custody, safe conduct, and removal to or from any place of confinement or otherwise, from the period when the order for his committal to prison is made until his death or discharge from prison, as would if this Act had not passed have been payable by the managers appointed under the Prisons (Scotland) Administration Act, 1860, or by a prison authority, with this proviso, that nothing in this Act shall exempt a prisoner from payment of any costs or expenses in respect of his conveyance to prison or otherwise which he would have been liable to pay if this Act had not passed. Nothing herein contained shall alter the law with respect to the aliment of civil prisoners, or with respect to the powers and jurisdiction at present possessed by the sheriff of a county or the magistrates of a burgh with respect to applications and proceedings for aliment, and for liberation of civil prisoners. For the purposes of this Act, sufficient accommodation for the prisoners belonging to a prison authority shall, as nearly as can be ascertained, be deemed to be the average daily number of prisoners maintained at the expense of such authority, whether in its own prison or in a prison belonging to some other prison authority during the five years immediately preceding the first day of January one thousand eight hundred and seventy-seven. "Cell accommodation for a prisoner" means a cell for the separate confinement of such prisoner certified in pursuance of this Act by the Secretary of State as in respect of its cubical contents and other particulars proper for the detention of prisoners.

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