Justices of the Peace, &c. that the said conviction (or order) should be confirmed (or quashed), and that the said (appellant) should pay to the said (respondent) the sum of for his costs, incurred by him in the said appeal, and which sum was thereby ordered to be paid to the Clerk of the Peace for the said Colony on or before the day of instant, to be by him handed over to the said (respondent); and I further certify that the said sum for costs has not, nor has any part thereof, been paid in obedience to the said order. Dated the day of WARRANT OF DISTRESS FOR COSTS OF AN APPEAL AGAINST A To the Constable of CONVICTION OR ORDER and to all other Peace Officers in the said Colony of Western Australia. Whereas (dc., as in the warrants of distress O 1, 2, ante, to the end of the statement of the conviction or order and then thus): And whereas the said A.B. appealed to the Court of General Quarter Sessions of the Peace for the said Colony, against the said conviction (or order) in which appeal the said A.B. was the appellant and the said C.D. (or J.S., Esquire, the Justice of the Peace who made the said conviction or order) was the respondent, and which said appeal came on to be tried, and was heard and determined at the last General Quarter Sessions of the Peace for the said Colony, holden at and the said Court of General Quarter Sessions thereupon ordered that the said conviction (or order) should be confirmed (or quashed) and that the said (appellant) should pay to the said (respondent) the sum of for his costs incurred on by him in the said appeal, which said sum was to be paid to the Clerk of the Peace of the said Colony, on or before the day of to be by him handed over to the said (C.D.); and whereas the (Deputy) Clerk of the Peace of the said Colony hath on the day of instant, duly certified that the said sum for costs had not then been paid: [*] These are there. fore to command you in Her Majesty's name forthwith to make distress of the goods and chattels of the said (A.B.), and if within the space of days next after the making of such distress, the said last-mentioned sum, together with the reasonable charges of taking and keeping the said distress, shall not be paid, that then you do sell the said goods and chattels so by you distrained, and do pay the money arising from such sale to the Clerk of the Justices in the said Colony, that he may of the Peace for the district of pay and apply the same as by law directed, and if no such distress can be found, then that you certify the same unto me, to the end that such proceedings may be had therein as to the law doth appertain. Given under my hand and seal this the year of our Lord at day of in the Colony aforesaid. J.S. (L.S.) WARRANT OF COMMITMENT FOR WANT OF DISTRESS IN THE LAST in To the Constable of tion) at and to the Keeper of the (House of Correcin the said Colony of Western Australia. day of Whereas (dc., as in the last form to the asterisk [*] and then thus): And whereas afterwards on the in the year aforesaid, I the undersigned issued a warrant to the Constable of commanding him to levy the said sum of for costs by distress and sale of the goods and chattels of the said A.B.; and whereas it appears to me, as well by the return of the said Constable to the said warrant of distress as otherwise, that the said Constable hath made diligent search for the goods and chattels of the said A.B., but that no sufficient distress whereon to levy the sum above mentioned Justices of the Peace, &c. could be found: These are therefore to command you the said Constable of warrant. Term 'convict' defined How crimes and misdemeanours not punishable WESTERN AUSTRALIA ANNO QUARTODECIMO VICTORIÆ REGINE No. 6 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. WHEREAS 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 therefrom: 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 nature 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 unexpired 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 subwith death may stituted.] be tried and punished 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. superintending officers 6. And be it enacted, that every such penal settlement or place of Appointment 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 Powers of same 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 Governor to 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. make rules and regulations course with 7. And be it enacted, that any person who shall wilfully or designedly Holding interenter or visit any such settlement or place of confinement as aforesaid, penal settlement or hold intercourse with any of the convicts thereat or therein, without the previous permission of the Governor or some person duly authorised Penalty Repealed and extended by 41 Vic., No. 2 Supplying spirits, &c., to convicts Penalty Repealed by 44 Vic., No. 9, ss. 53 and 54 Governor may withdraw or remove offenders Offender absconding how punished Convict unlaw. fully at large may be apprehended Convict disabling himself Punishment 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 convict from any such settlement or place of confinement, any 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, unless he can 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, Convicts and shall be compelled to serve for such further time as he shall have been absent at hospital or otherwise disabled. vict illegally at 13. And be it enacted, that any free person who shall knowingly Harbouring conharbour any convict who shall be illegally at large, shall, on summary large 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. Convict found on board of ship escape or with with intent to out authority see 19 Vic., No.8, and 24 Vic., No. 1, 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 How punishable or other public works of the said Colony for any term not exceeding twelve calendar months. as to penal servi tude about to sail 15. And be it enacted, that any boatman or other person knowingly Taking convict or without lawful authority taking any convict on board of a ship about on board ship 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 Punishment 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. Master, &c., of a give notice of or to deliver up vessel failing to convict Guilty of aiding and abetting escape Offence of aiding and abetting escape Punishment |