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Persons committed for trial, not being poor prisoners, may be allowed to work, and shall receive a portion of their earnings.
No prisoner to be employed on the tread wheel before conviction.
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105. And whereas persons are often committed to prison for trial, who, not being poor prisoners as aforesaid, are willing to be employed in such work or labour as can be conveniently executed or done in the prison to which they are so committed, and it is fit that such persons should be so employed, rather than that they should be obliged to remain idle during their confinement: Be it therefore enacted, that it shall and may be lawful for the board of superintendence of any prison to which this Act shall extend to authorize, by an order in writing, the employment of any such prisoners, with their own consent, in any such work or labour; and it shall be lawful for the keeper of such prison to employ such prisoner in such work or labour accordingly, and to pay to such prisoners any such wages, or portion of the same, and at such periods, as shall be directed by such board of superintendence: Provided always, that it shall not be lawful to place together, on account of such employment, any prisoners who would otherwise be kept separate under the provisions of this Act; and provided further, that such consent of every such prisoner shall be freely given, and shall not be extorted or obtained by deprivation, or threat of deprivation, of any prison or other allowance; and that no prisoner before conviction shall, under any pretence, be employed on the tread wheel, either with or without his consent.
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