These somewhat novel but undoubtedly indisputable propositions were backed up, not by sound arguments only, but by the letter of the law. As Mr. Buxton pointed out, many old acts of parliament designed to protect the prisoner were still in full force. Some might be in abeyance, but they had never been repealed, and some were quite freshly imported upon the Statute Book. As far back as the reign of Charles II., a law was passed[63] declaring that sufficient provision should be made for the relief and setting on work of "poor and needy prisoners committed to the common jail for felony and other misdemeanours, who many times perish before their trial; and the poor there living idle and unemployed become debauched, and come forth instructed in the practice of thievery and lewdness." As a remedy, justices of the peace were empowered to provide materials for the setting of poor prisoners to work, and to pay overseers or instructors out of the county rates. Again, the 22 Charles II. c 20 ordered the gaoler to keep felons and debtors "separate and apart from one another, in distinct rooms, on pain of forfeiting his office and treble damages to the party aggrieved." A much later act, the 14 Geo. III. c. 59 (1774), which was contemporaneous with Howard's first journeys, laid down precise rules as regards cleanliness, and the proper supply of space and air. This act set forth that "whereas the malignant fever commonly called the jail distemper is found to be owing to want of cleanliness and fresh air in the several jails, the fatal consequences whereof might be prevented if the justices of the peace were duly authorized to provide such accommodations in jails as may be necessary to answer this salutary purpose, it is enacted that the justices shall order the walls of every room to be scraped and white-washed once every year." Ventilators, hand and others, were to be supplied. An infirmary, consisting of two distinct rooms, one for males and one for females, should be provided for the separate accommodation of the sick. Warm and cold baths, or "commodious bathing tubs," were to be kept in every gaol, and the prisoners directed to wash in them before release. These provisions were almost a dead letter. Yet another act passed in 1791, if properly observed, should have insured proper attention to them. By the 31 Geo. III. c. 46, s. 5, two or more justices were appointed visitors of prisons, and directed to visit and inspect three times every quarter. They were to report in writing to quarter sessions as to the state of the gaol, and as to all abuses which they might observe therein. The most important gaol act of that early period, however, was the 24 Geo. III. c. 54, s. 4 (1784), which was the first legislative attempt to compel the classification of prisoners, or their separation into classes according to their categories or crimes. It was made incumbent upon the justices to provide distinct places of confinement for five classes of prisoners, viz.--