Sivut kuvina
PDF
ePub

Term ‘convict’ defined

How crimes and misdemeanours not punishable with death may be tried and punished

Justices of the Peace, &c.

could be found: These are therefore to command you the said Constable of
to take the said A.B., and him safely convey to the (House of Correction)
at aforesaid, and there deliver him to the said Keeper thereof,
together with this precept; and I do hereby command you the said Keeper of the
said (House of Correction) to receive the said A.B. into your custody in the said
(House of Correction), there to imprison him (and keep him to hard labour) for the
space of , unless the said sum and all costs and charges of the said
distress (and of the commitment and conveying of the said A.B. to the said House
of Correction), amounting to the further sum of , shall be sooner
paid unto you the said Keeper, and for your so doing this shall be your sufficient
warrant.
Given under my hand and seal this day of in
the year of our Lord at in the Colony aforesaid.
J.S. (L.S.)

[ocr errors][merged small][ocr errors]

An Ordinance to provide for the due Custody and Discipline of Offenders transported to Western Australia; and of Offenders sentenced therein to Transportation. [Assented to 2nd December, 1850.

HEREAS by an Order in Council bearing date at Buckingham Palace, the 1st day of May, 1849, Her Majesty, in pursuance and exercise of the powers vested in Her Majesty by a certain Act of Parliament therein recited, and by and with the advice of Her Privy Council, did order that upon and from the first day of June in the said year, Her Majesty's Settlements in Western Australia should be places to which felons and other offenders in the United Kingdom, there being or thereafter to be under sentence or order of transportation or banishment, should be conveyed under the provisions of the said recited Act. And whereas it is expedient to provide for the due custody and discipline within this Colony, of such offenders as may be transported thereto, under the authority of the said recited Order in Council, and also such offenders as may be sentenced in this Colony to transportation there: from : Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, that the word ‘convict’ shall (unless the mature of the provision or the context of the Ordinance exclude such construction) be deemed and taken throughout this

Ordinance to mean any offender being in this Colony under an unex

pired and unremitted sentence or order of transportation, whether such sentence shall have been passed in this Colony or elsewhere.

2. (Repealed by 16 Vic.., No. 18, s. 14, and sec. 2 of that Act substituted.]

[graphic]
[graphic]

Convicts

3. And be it enacted, that the official list transmitted with any convicts transported to this Colony, purporting to contain the names, offences, sentences, and personal descriptions of any such offender or offenders, shall be deposited and kept in the office of the ComptrollerGeneral, and a copy thereof, certified to be a true copy under the hand and seal of the said Comptroller-General, shall be by him transmitted to the Colonial Secretary, by whom an abstract thereof, certified under his hand to be a true abstract, shall be transmitted to the Resident Magistrate, Police Magistrate or Chairman of the Bench of Magistrates of every district of the said Colony; and with respect to offenders sentenced in this Colony to transportation therefrom, or whose sentences may have been commuted to transportation, a list certified to be a true list under the hand and official seal of the Colonial Secretary, shall be likewise by him transmitted to the said Magistrates or Chairman as aforesaid.

4. And be it enacted, that as often as any question shall arise in any Court or before any Justice of the Peace in the said Colony, whether any person is a convict, the production of such certified abstract or list as aforesaid, together with evidence to the satisfaction of such Court, or of the Jury, or of such Justice respectively, of the identity of such person with any individual named in such certified abstract or list, shall be received and admitted as sufficient evidence that such person, touching whom such question shall arise, is or has been a convict transported for the term or time set opposite in the said certified abstract or list to the name of the individual with whom such person shall have been so identified.

5. And be it enacted, that it shall be lawful for the said Governor, with the advice of his Executive Council, to appoint by proclamation in the ‘Government Gazette,’ any one or more penal settlement or penal Settlements, place or places of confinement on the mainland, or on any of the adjacent islands of this Colony, for the reception and detention of convicts at hard labour during the terms or unexpired residue of the terms of their respective sentences or orders of transportation.

6. And be it enacted, that every such penal settlement or place of confinement shall be under the management of a Superintendent, to be appointed by Her Majesty or by the Governor, and by an Overseer to be appointed in like manner if deemed necessary, and every such Superintendent shall have the same powers as are incident to the office of Sheriff or Visiting Justice of a gaol, and every such Overseer shall have the same powers as are incident to the office of Gaoler; and that every road gang or working party shall be under the management of an Overseer appointed by the Governor; and that it shall be lawful for the Governor, with the advice of the Executive Council, to make and publish, and from time to time to rescind or vary rules and regulations for the general treatment, employment and safe custody of all offenders detained at any such settlement or place of confinement or in any such road gang or working party.

7. And be it enacted, that any person who shall wilfully or designedly enter or visit any such settlement or place of confinement as aforesaid, or hold intercourse with any of the convicts thereat or therein, without the previous permission of the Governor or some person duly authorised

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][graphic][graphic]
[merged small][ocr errors][merged small][merged small][ocr errors][ocr errors][merged small][merged small][merged small][merged small]

Convicts

to give such permission, shall on a first conviction thereof in a summary manner before any one or more Justice or Justices of the Peace forfeit and pay a sum not exceeding ten pounds; and in default of payment thereof shall be imprisoned with or without hard labour for any term not exceeding three calendar months; and any person so offending after a previous summary conviction of such person for such offence shall be deemed to be guilty of a misdemeanour, and being thereof convicted before any Court of General or Quarter Sessions, shall be subject to a fine not exceeding twenty-five pounds, or imprisonment not exceeding twelve calendar months.

8. And be it enacted that any person who shall knowingly supply any spirits, wine or fermented liquors without the permission of the Superintendent or other lawful authority, or unless so supplied by a duly authorised person for medical purposes to any convict not having a ticket-of-leave, shall on summary conviction thereof before any one or more Justice or Justices of the Peace forfeit and pay any sum not exceeding fifty pounds.

9. And be it enacted that it shall be lawful for the Governor to withdraw any convict from any such settlement or place of confinement, and to employ him on the roads or other public works, and to remove an offender from one such settlement or place of confinement to any other such settlement or place of confinement, or from one part of the said Colony to any other part of the same as occasion may require.

10. And be it enacted that any convict who shall be summarily convicted before any one or more Justice or Justices of the Peace, of having absconded from such penal settlement or from a road gang or public work, or any appointed place of employment or confinement in any part of the said Colony, shall be sent to the nearest settlement, road gang, public Work or other appointed place of employment or confinement, and shall be detained until he shall have served the full term of his unexpired sentence or sentences, as well as of the time during which he shall have been absent by escape; and if a male, shall or may, at the discretion of the convicting Justice or Justices, be punished by whipping, not exceeding one hundred lashes; and every such offender shall be liable to be apprehended and punished in manner aforesaid for any such escape at any time after as well as before the termination of his sentence of transportation.

11. And be it enacted, that any person reasonably suspected of being a convict unlawfully at large may be apprehended without warrant by any constable, police officer or other person, and taken before a Justice of the Peace, who may detain such suspected person, umless he cam prove to the satisfaction of such Justice that he is not such convict.

12. And be it enacted, that any convict who shall wilfully disable himself from working on roads or other public works, or shall designedly prevent or protract the cure of any disease, in order to evade labour, shall on summary conviction thereof before any one or more Justice or Justices of the Peace, on the certificate of the attendant surgeon certifying such offence, be, at the discretion of the convicting Justice or justices, punishable with Whipping, not exceeding one hundred lashes,

[graphic]

Convicts

and shall be compelled to serve for such further time as he shall have been absent at hospital or otherwise disabled.

13. And be it enacted, that any free person who shall knowingly harbour any convict who shall be illegally at large, shall, on summary conviction for such offence before any two or more Justices of the Peace, forfeit and pay any sum not exceeding fifty pounds; and in default of payment thereof shall be imprisoned for any term not exceeding six calendar months, with or without hard labour; and if the person guilty of such offence be himself a convict on ticket-of-leave, he shall on summary conviction before one or more Justice or Justices of the Peace be punished with whipping, not exceeding one hundred lashes, or, at the discretion of the convicting Justice or Justices, with hard labour, in or out of irons, on the roads or other public works of the said Colony, for any time not exceeding twelve calendar months.

14. And be it enacted, that any convict who shall be found on board of any ship or vessel about to leave the Colony with intent to escape therefrom, shall be deemed to be guilty of a misdemeanour, and on conviction thereof before any Court of Quarter Sessions shall be transported for any term not less than seven years nor more than fourteen years; and any such convict found on board any ship or vessel in any port or harbour of the said Colony, without lawful authority, shall on summary conviction before any one or more Justice or Justices of the Peace be liable to be kept to hard labour, in irons, on the roads or other public works of the said Colony for any term not exceeding twelve calendar months.

15. And be it enacted, that any boatman or other person knowingly or without lawful authority taking any convict on board of a ship about to sail from the Colony aforesaid, shall on summary conviction for such offence before any two or more Justices of the Peace forfeit and pay any sum not exceeding fifty pounds, and in default of payment thereof shall be imprisoned for any term not exceeding six calendar months; and if such boatman or other person be himself a transported convict on ticket-of-leave, he shall be liable on summary conviction of such offence before any one or more Justice or Justices of the Peace to be Sentenced to hard labour, with or without irons, on the roads or public Works for any term not exceeding two years or to whipping not exceeding One hundred lashes.

16. And be it enacted, that any master or other person in charge of a ship or vessel who shall know that a convict is concealed on board, and shall fail to give immediate notice thereof to the nearest Magistrate Or constable, and to deliver up such convict into the charge of a constable, or shall offer any obstruction to a constable Searching such ship or vessel for any such convict suspected to be therein, shall be deemed to be guilty of aiding and abetting in the intended escape of such Convict.

17. And be it enacted, that any person guilty of aiding and abetting the escape or intended escape from the Colony of a convict shall be deemed guilty of a misdemeanour, and on conviction thereof before a Court of General or Quarter Sessions, shall be liable to a fine not exceeding five hundred pounds, or to imprisonment not exceeding two years, or to both, at the discretion of the Court.

[merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small]

Offence of aiding
and abetting
escape

Punishment

[ocr errors]

Purchasing Government property from convicts

Punishment

Letters of convicts how dealt with

Offenders when sentenced are to be conveyed and placed where and how the Governor may appoint

Sentences Culmlllating not concurrent

Governor to grant tickets-ofleave

Rules and regulations for holding tickets-of leave

Virtually re

plaied by 24 Vic, tions,

[ocr errors]

Convicts

18. And be it enacted that any person knowingly purchasing, bartering or receiving any article supplied by Government from any convict shall, on summary conviction before any two or more Justices of the Peace of such offence, forfeit and pay any sum not exceeding ten pounds, and in default of payment thereof shall be imprisoned, with or without hard labour, for any term not exceeding three calendar months, or at the discretion of the convicting Justice or Justices shall in the first instance be so imprisoned, and for a second offence shall forfeit and pay any sum not exceeding twenty pounds, and be imprisoned with hard labour for any time not exceeding twelve calendar months, and at the discretion of the convicting Justice or Justices, in case the offender be a male under eighteen years of age, be additionally punished with whipping not exceeding fifty lashes.

19. And be it enacted that all foreign letters from and all inland and foreign letters to a convict detained at any penal settlement or elsewhere, in the service of the Crown in the said Colony, shall be free of any colonial postage. Provided that all such letters from any such convict to any person in parts beyond the sea shall be transmitted open under cover to the Colonial Secretary, the Comptroller-General or the Resident Magistrate of the port from which the same shall be intended to be despatched beyond sea; and the said Secretary, Comptroller or Magistrate shall superscribe the same with his signature, and cause the same to be forwarded through the post.

20. And be it enacted that transportation to this Colony under the said Order in Council or other lawful authority, and every sentence of transportation passed in this Colony, and every order of the said Governor for transportation in lieu of capital punishment, shall subject the offender to be conveyed to such penal settlement or other place of confinement within this Colony, or to be kept to hard labour on such road or public work or otherwise in the service of the Crown as the said Governor shall at his discretion direct and appoint, and every sentence to labour on the roads or public works shall subject the offender to be placed on such road or work within this Colony as the said Governor shall appoint.

21. And be it enacted that the term of any sentence passed in this Colony on any convict shall be in addition to and not concurrent with any former sentence passed on the same offender, who shall be detained until he shall have served the full term and time of all such sentences, and so on as often as he shall be convicted, and shall also be liable during such detention to be dealt with in all respects as a convict.

22. Amd be it enacted that it shall be lawful for the said Governor to authorise the issue of a ‘ticket-of-leave or written permission by the Comptroller-General to any convict to employ himself within the said Colony for his own benefit, subject to the due observance by such convict of all such rules and regulations as are next hereinafter mentioned.

23. And be it enacted that it shall be lawful for the said Governor, with the advice of the Executive Council of the said Colony, from time to time to make and publish by notice in the ‘Government Gazette,’ and from time to time to rescind and alter by like notice rules and regulanot being repugnant to any enactment herein contained as to

[graphic]
[graphic]
« EdellinenJatka »