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Raw data from Axiell backend

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            [id] => AAGC
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            [name] => Gaol, Dunedin
            [custom] => Array
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                    [custom1] => Date established: Not known (before 1854)
Date disestablished: Not known (after 1876) - see "Notes" below



Location

Dunedin - other gaols throughout Otago were proclaimed throughout the Provincial period - see "Notes" below.



Responsible Minister

Provincial Superintendent  1855-1863
Provincial Secretary  1863-1868
Provincial Secretary and Treasurer  1868-1870
Provincial Treasurer  1870-1871
Provincial Secretary and Treasurer and Secretary for Lands 1871-1874
Provincial Secretary and Secretary for Lands and Works  1874-1875
Provincial Secretary and Secretary for Lands and Railways  1875-1876



Controlled Agencies

AAHQ    Gaol. Invercargill    1859-1861
- from 1861, Invercargill Gaol part of Southland Province; after 1870 (part of Otago again) an independent agency not controlled by the Dunedin Gaol



Notes

Agency dates
This agency documentation is concerned primarily with the period of provincial government (1853-1876). Information on the period before and after provincial government has therefore not been sought.

Gaolers in the Provincial period
Henry Monson    1854-1861
John Stoddart     1861-1867
James Caldwell  1867-  (after 1876)

Gaols elsewhere in Otago
During the provincial period, numerous public gaols were proclaimed. Often the local Constable was appointed Gaoler. It is not known whether these were independent agencies in their own right, but no records are known to have survived of them. They are not being documented as separate agencies during the current arrangement-and-description project. The following proclamations of public gaols, or notices of appointment of gaolers, have been identified (not an exhaustive list):

Location                       Gaol proclaimed                   Gaoler appointed                 OPGG page

Queenstown                13 May 1863                                                                       182
Oamaru                                                                      June 1863                              216
Waikouaiti                                                                   June 1863                              216
Port Chalmers                                                             June 1863                              216
Tokomairiro                                                                 June 1863                              216
Lawrence (Tuapeka)                                                 June 1863                              216
Waitahuna                                                                  June 1863                              216
Dunstan                                                                      June 1863                              216
Queenstown                                                              June 1863                               216
Mt Ida                       18 September 1863                                                                   363
Mt Ida                                                                    6 November 1863                         484
Dunstan                                                                6 November 1863                         484
Molyneux Ferry        17 January 1865                                                                    10-11
Naseby                           October 1866                                                                      197
Switzers                   17 September 1867                                                                   241
Oamaru                     20 December 1869                                                                    238
Roxburgh                         3 April 1873                                                                        108
Arrow                       30 September 1876 (new building)                                            531
Clyde                         30 September 1876 (new building)                                            531
Naseby                      30 September 1876 (new building)                                            531
                    [custom2] => Otago Provincial Government Gazette, 1853-1876

Otago Provincial Council. Ordinances, 1854-1876

Otago Provincial Council. Votes and Proceedings, 1853-1876 (Appendices)

New Zealand Statutes

A.H. McLintock. The History of Otago (Dunedin, 1949: reprint Capper Press, Christchurch, 1975)
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                            [name] => Invercargill Gaol
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                    [0] => Alteration of place of embarkation and landing of prisoners to and from "Sarah and Esther" [January 1876], in OPGG, 1876, p. 8
                    [1] => Rules re remission of sentences or prisoners confined in gaols and penal establishments in New Zealand (from Office of Minister of Justice, Wellington, in OPGG, 1873, p. 65)
                    [2] => Abolition of Provinces Act 1875
                    [3] => Justices of the Peace Act 1866
                    [4] => Dunedin Gaol Regulations (25 October 1859), in OPGG, IV No. 106 (13 February 1860), pp 15-18
                    [5] => Sheriffs Act Amendment Act 1863
                    [6] => Census Act 1858
                    [7] => Prisons Rules and Regulations (15 August 1867), in OPGG, 1867, pp 262-263
                    [8] => Gaolers Act 1858
                    [9] => Prisoner's Removal Act 1865
                    [10] => Execution of Criminals Act 1858
                    [11] => Proclamation - "Sarah and Esther" (hulk) proclaimed a prison - moored off Tahita Point in the Otago Harbour; Deborah Bay defined as the place of embarking and landing prisoners (17 December 1874), in OPGG, 1875, p. 35
                    [12] => Census Act Amendment Act 1860
                    [13] => Gaolers and Prisoners Act 1869
                    [14] => Prison Regulations in Otago (23 December 1863), in OPGG, 1864, pp 12-18 
-powers and duties of Gaoler, Chief Warder, Overseers, Storekeeper, Senior Warders
                    [15] => Proclamation - "Thomas and Henry" (hulk) proclaimed a prison (2 December 1861), in OPGG 1861, p. 279)
                    [16] => Additional Gaol Regulations - for every prisoner, provision of Bible and Prayerbook approved by religious denomination to which the prisoner belongs (29 April 1867), in OPGG, 1867, p. 142
                    [17] => Convict Prison Regulations of the Province of Otago  (Order-in-Council, 17 October 1862) in OPGG, 1862, pp 189-192
                    [18] => Militia Act 1865
                    [19] => Prisoners Maintenance Expenses Act 1871
                    [20] => Prisons Act 1873
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            [history] => The Appropriations in February 1854 provided for the salary of a Gaoler *1. Subsequent appropriations provided for the salary of a Gaoler among the other expenses of the Gaol Department. During the discussion of the Appropriations for the half-year ending 31 March 1855 (13 December 1854), a motion was agreed, "That...so long as the Gaoler continues to hold his appointment under the General Government, it is not desirable to increase the salary of that officer, but that in the event of his holding his office under the Provincial Government, the salary should be raised to a sum not exceeding £100 per annum" *2. The abstract of revenue and expenditure for the year ending 30 September 1855 has the Gaoler's salary as £100, confirming that it was in 1855 that control passed from the general to the provincial government. 

After the destruction by fire of the Public Gaol in Dunedin, the immigration barrack was proclaimed temporarily a Public Gaol of the Colony *3. A new Gaol was built, but this received consistent criticism throughout the Provincial period from the successive Gaolers themselves, particularly for the lack of provision for solitary confinement and the clumsy design which required a high number of staff to maintain security. The Gaol was extended in 1862-1863, which allowed debtors to be confined separately from convicts, and which also improved the conditions for females, "as formerly they were compelled to be constantly confined in one small room without any place for exercise or employment" *4. 

Prior to the building of a separate lunatic asylum (agency AAIR), the Gaol was used to hold some lunatics, but this was most unsatisfactory on security as well as humane grounds: 

Latterly, through the crowded state of the Gaol, I was obliged to put them in the same cells with criminals. The disturbance created by some of them at night renders it impossible for the officers to detect any attempt to escape made by the convicts *5. 

The Gaolers attempted to deal humanely with their prisoners, and the third Gaoler in particular (James Caldwell) was conscious that the Otago Gaol was a model for other British gaols. He was determined to show that the Gaol could pay its own way while providing opportunity for the rehabilitation of prisoners through steady employment. Attempts at escape were very rare (once every two or three years or so), and the need for corporal punishment was similarly infrequent. Most annual reports commented that the prisoners had again been well behaved *6. 

Work done by prisoners had a two-fold aim: to cover the costs of the Gaol, and to give the prisoners a sound foundation of work before their release. Tasks ranged from stone-breaking, road-making and land reclamation, to tradesmen's work of plumbing, painting, stone-masonry, and carpentry; blacksmiths, shoemakers, cooks and tailors were also encouraged to follow their trades. The prisoners also undertook fencing, cement manufacture, harbour dredging, wood-cutting, gardening, and tree planting. Females did washing and sewing of clothes and bedding, for the prison and also the hospital. 

Concern was frequently expressed for the spiritual and mental welfare of the prisoners, as well as their physical welfare. Visiting Justices came weekly to check on conditions as well as to deal with any complaints by or against any prisoner. The Provincial Surgeon came to examine the prisoners twice a week, and more often if required. By 1867, there were weekly visits by the Protestant Chaplain, and Presbyterian and Roman Catholic services were held every Sunday. From 1869 to 1872, there were also weekly services in the Maori language, because of the presence of 74 Maori prisoners convicted of high treason and held at Dunedin by arrangement with the general government *7. 

Younger prisoners occasioned particular concern, especially prior to the establishment of the Industrial School (agency AAHS). Attempts were made to educate and improve the minds of prisoners, both young and older: 

School is held every evening, for about two hours-and-a-half, for the younger prisoners. The attendance is voluntary, no compulsion being used. One of the prisoners acts as Monitor. The teaching is secular and elementary only. There is also a library containing a small supply of moral and instructive works, of which the prisoners greedily avail themselves, and thus employ in mental culture, or at least in harmless amusement, those leisure hours during which depraved and contaminating conversation would be their only resource *8. 

Volunteer visitors, male and female, augmented the efforts of the officials, and were readily commended for their work. 

The number of prisoners held in the Gaol can be traced in the annual reports. Daily averages in the 1860's appear to approximate between 70 and 100. 

During the provincial period, there was a gradual need for more secure accommodation in other parts of Otago then Dunedin, and more public gaols were proclaimed (See "Author Notes"). These were under Police control, not the Gaol Department in Dunedin. 

Two prison hulks - the "Thomas and Henry" and "Sarah and Esther" - were used as overflow gaols at various times. 

References 
*1 - 4 February 1854, OPGG, I, No. 4 
*2 - OV&P, Session II (1854), p. 30 
*3 - OPGG, 1855, p. 107 
*4 - Departmental Reports, p. 28, in OV&P, 1863, Appendix 
*5 - Ibid 
*6 - Departmental Reports, p. 59, in OV&P, Session. 32, 1873, Appendix 
*7 - Departmental Reports, p. 67, in OV&P, Session 27, 1870, Appendix, Departmental Reports, p. 58, in OV&P, 1872, Appendix 
*8 - Departmental Reports, p. 25, in OV&P, 1865, Appendix 



Relevant Legislation 

Acts of the General Assembly: 
Execution of Criminals Act 1858 
- Gaoler to attend executions 
Census Act 1858 
- keeper of gaol to be sub-enumerator of inmates thereof, carry out Colonial Secretary's instructions re census 
Gaolers Act 1858 
- Superintendents to appoint Gaolers 
- Gaolers to have charge of gaols 
- prisoners deemed to be in custody of Gaoler once delivered at Gaol 
- powers given to Sheriffs under (Legislative Council) Prisons Ordinance (Session VII No. 7) to cease, and powers to be exercised by Gaoler instead of Sheriffs 
Census Act Amendment Act 1860 
- keepers of gaol deemed the occupier and bound to conform to Census Act provisions accordingly 
Sheriffs Act Amendment Act 1863 
- Gaoler to deliver to Sheriff, on demand, criminal condemned to death 
Prisoners Removal Act 1865 
- Governor (or Superintendent, if delegated) may direct the removal of prisoners from one gaol to another 
Militia Act 1865 
- gaol keepers etc exempt from militia service 
Justices of the Peace Act 1866 
- gaoler to release prisoner when bail paid 
- constable, gaoler or turnkey must obey order to inflict punishment of whipping 
- gaoler's books to be checked against receipts and warrants 
Gaolers and Prisoners Act 1869 
- prisoners transferred to hospital are still in the lawful custody of the Gaoler 
- Gaoler may (with Supreme Court's approval) remove prisoner back to gaol 
Prisoners Maintenance Expenses Act 1871 
- expenses of maintenance in gaol of prisoner for offence committed in another province to be paid by Colonial Treasurer and then charged against that province 
Prisons Act 1873 
- existing prisons to be prisons under the Act 
- Governor to proclaim prisons 
- Superintendent to appoint officers; gaoler, surgeon, matron (female prisoners) etc 
- Governor may make Regulations, may delegate powers (re penal servitude) to Superintendent 
- detailed provisions for administration of prisons 
Abolition of Provinces Act 1875 
- cost of gaols (etc) to come from Consolidated Fund after provinces abolished 

Other Authorities 

Regulations: 
Dunedin Gaol Regulations (25 October 1859), in OPGG, IV No. 106 (13 February 1860), pp 15-18 
- duties of Gaoler 
- records to be kept - open to inspection of Visiting Magistrates 
- Superintendent's authority necessary for variation of rations, or for Gaoler's absence 
Convict Prison Regulations of the Province of Otago (Order-in-Council, 17 October 1862) in OPGG, 1862, pp 189-192 
Prison Regulations in Otago (23 December 1863), in OPGG, 1864, pp 12-18 
- powers and duties of Gaoler, Chief Warder, Overseers, Storekeeper, Senior Warders, Warders, Visiting Justice, Chaplain, Medical Officer, etc 
- general Regulations, routines etc 
- Gaoler to keep a journal, "in which he will enter every extraordinary occurrence, and remark upon any irregularities which may take place in the discipline of the establishment; as also upon all matters of importance connected with the health, discipline, and employment of the prisoners" 
- and other records; order book, Prison Register; other records as necessary; Officers visiting book; Visiting Justices minute book Debtors' 
Prisons Rules and Regulations (15 August 1867), in OPGG 1867, pp 262-263 
Additional Gaol Regulations - for every prisoner, provision of Bible and Prayerbook approved by religious denomination to which the prisoner belongs (29 April 1867), in OPGG, 1867, p. 142 
Rules re remission of sentences or prisoners confined in gaols and penal establishment in New Zealand (from Office of Minister of Justice, Wellington, in OPGG, 1873, p. 65) 
- Gaoler to forward petitions from prisoners to judges, accompanied by report by Gaoler on conduct of applicant. 
Proclamations - prison hulks: 
"Thomas and Henry" (hulk) proclaimed a prison (2 December 1861), in OPGG 1861, p. 279 
"Sarah and Esther" (hulk) proclaimed a prison - moored off Tahita Point in the Otago Harbour; Deborah Bay defined as the place of embarking and landing prisoners (17 December 1874), in OPGG, 1875, p. 35 
Alteration of place of embarkation and landing of prisoners to and from "Sarah and Esther" [January 1876], in OPGG, 1876, p. 8
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