Justices of the Peace, &c. Districts of the Colony of Western Australia,' which Ordinance is shortly about to expire; and whereas it is expedient that the same should be made perpetual: 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 said Ordinance shall be and the same is hereby made perpetual. FREDERICK CHIDLEY IRWIN, GOVERNOR AND COMMANDER-IN-CHIEF. WESTERN AUSTRALIA ANNO DUODECIMO VICTORIÆ REGINE No. 7 An Ordinance for the Regulation of Gaols, Prisons and Houses of Correction in the Colony of Western Australia, and for other purposes relating thereto. [Assented to 9th May, 1849. THEREAS it is expedient to make provision for the better regu- Preamble Wlating of Gaols, Prisons and Houses of Correction in the Colony of Western Australia: Be it therefore enacted by His Excellency the Governor of Western Australia, with the advice and consent of the Legislative Council thereof, that all the houses, buildings, enclosures and places now used, occupied and supported by the Government of the Colony as public gaols or prisons at Perth, Fremantle, Rottnest and Albany shall be and are hereby declared to be and to have been respectively the legal public gaols and prisons belonging to the said Colony, and, except the said prison of Rottnest, shall be subject to the several provisions hereinafter made for the regulation, management, care and discipline of the same and of the prisoners therein respectively confined: Provided always that nothing in this Ordinance contained shall be deemed to repeal, wholly or in part, an Ordinance passed in a session held in the fourth and fifth years of the reign of Her present Majesty, intituled 'An Act to constitute the Island of Rottnest a Legal Prison.' 2. And be it enacted that all buildings, erections, houses and premises which shall hereafter be erected, purchased, enlarged and maintained at the public expense, and which shall, by proclamation published in the Government Gazette,' be declared and notified to be public gaols or prisons shall, from and after the publication of such notification, be severally deemed and taken to be the public gaol or prison of the place or district where the same is or shall be situated within the said Colony, and shall be subject to the several provisions hereinafter made for the regulation, management, care and discipline of What buildings, &c., to be deemed and Houses of Colony the public Gaols Correction of the This Ordinance not to be deemed to repeal any part of 4 & 5 Vic., No. 21 Governor may by proclamation apbe used as public point places to gaols Sheriff to have control of all gaols, and custody of all prisoners therein Gaols to be also Houses of Correction, unless otherwise appointed All gaols to be governed by regulations made by the Governor Governor may Justices Their duties Gaols, Prisons, and Houses of Correction the public gaols and prisons belonging to the said Colony, and of the prisoners confined within the same. 3. And be it enacted that all public gaols and prisons hereby declared to be such, or which shall hereafter be notified in manner aforesaid within the said Colony or its Dependencies, shall be and are hereby declared to be under the charge, care and direction of the Sheriff of Western Australia, subject, however, to the control of the Governor of the said Colony; and that all prisoners committed for any crimes, offences or misconduct to such public gaols and prisons shall be deemed to be in the custody of the Sheriff; and that all the keepers and underkeepers of the said public gaols and prisons, and the assistants of such keepers and under-keepers and all other persons required and employed for the safety and care of the said public gaols and prisons and of the prisoners confined therein, shall be nominated and appointed by the said Sheriff, subject to the approbation of the Governor. 4. And be it enacted that unless it shall be otherwise declared or appointed by the said Governor in any proclamation to be made under authority of this Ordinance as aforesaid, every public gaol or prison shall be and be taken for all purposes as equally a house of correction. 5. And be it enacted that all gaols and prisons throughout the said Colony shall be governed by such rules and regulations as shall from time to time be made for the good management of the same by the said Governor with the advice of the Executive Council. 6. And be it enacted that it shall and may be lawful for the said appoint Visiting Governor to nominate and appoint some fit and proper person or persons, being a Magistrate or Magistrates of the said Colony, to be the Visiting Justice or Justices of each gaol or prison, and the same to remove or displace and to appoint another or others in his or their stead; and every Visiting Justice so appointed shall be required to visit such gaol or prison at least once in every week, unless prevented by illness or other sufficient cause, and shall from time to time make such reports to the Colonial Secretary as may be required by order of the said Governor: Provided that nothing herein contained shall be taken power of Judges to abridge or affect the power of any Judge of the Civil Court to visit and examine any such gaol or prison at any time when and how he may think fit. Not to affect to visit gaols how and when they may think fit Any Justice may visit gaol 7. Provided also and be it enacted that it shall be lawful for any and every Justice of the Peace for the said Colony as often as he may think fit, to enter and examine any gaol or prison within the said Colony; and any gaoler, turnkey or other person employed in any such gaolers or others gaol or prison who shall refuse admittance to any such Justice of the Peace, or offer to him any hindrance or obstruction, shall be guilty of a misdemeanour. Penalty on refusing admit tance Convicted per 8. And whereas persons convicted of offences are sometimes sons sentenced to sentenced to imprisonment without being sentenced to hard labour, be it enacted that it shall be lawful for the Sheriff or Visiting Justice of any gaol or prison to order all such persons except such as maintain themselves to be set to some work or labour, provided the same be not severe Provided that no such prisoner who has the means of maintaining himself shall have any claim to be maintained at the public expense. imprisonment, but not to hard labour, may be set to work, unless they have means of maintaining themselves Gaols, Prisons, and Houses of Correction 9. And be it enacted that it shall be lawful for the Sheriff or any Visiting Justice or Justices of any gaol or prison to authorise by an order in writing the employment of any prisoner therein committed for trial in any such work or labour as can conveniently be executed or done within such gaol or prison, provided that the consent of such prisoner to such order be previously freely given without threat or other compulsion; and that it shall be lawful for the keeper of such prison to employ such prisoner in such work or labour accordingly. 10. And be it enacted that it shall be lawful to keep to hard labour every offender under sentence or order of transportation while he shall remain in any gaol or prison in the said Colony, if his health shall permit, and if the Visiting Justice or Justices of such gaol shall give a written order to that effect; and the time during which any such offender shall continue in any gaol or prison as aforesaid shall be taken and reckoned in discharge or part discharge of the term of his transportation or banishment. 11. And be it enacted that every person sentenced to transportation who shall accept a pardon from the Governor on condition of imprisonment and hard labour within the said Colony, shall be employed and otherwise treated in like manner as if such person had been originally sentenced to such imprisonment and labour; and a notification by the Colonial Secretary of such pardon to the Keeper of the gaol or prison in which the person so pardoned shall be confined, shall be a sufficient warrant to such Keeper for detaining and employing such person accordingly. labour 12. And be it enacted that every prisoner sentenced to hard labour Hours of hard shall, unless prevented by sickness, be employed so many hours in every day not exceeding ten, exclusive of time allowed for meals, as shall be directed by the rules and regulations to be made under this Ordinance, except on Sundays, Christmas Day, and Good Friday, and on any days appointed by public authority for fasting or thanksgiving. 13. And be it enacted that every person maintained at the Food of prisoners public expense, including prisoners committed for trial and consenting kept to work to work under the order of a Visiting Justice as aforesaid, shall be allowed a sufficient quantity of plain and wholesome food to be fixed by the rules and regulations to be made under this Ordinance, regard being had to the nature of the labour required from such prisoners; and that prisoners under care of a surgeon shall be allowed such diet as he shall direct; and that scales and legal weights and measures shall be provided in every gaol or prison open to the use of any prisoner under such restrictions as shall be allowed by the rules and regulations aforesaid. 14. And be it enacted that prisoners committed for trial shall be allowed such food as may be sufficient for the support of health without being obliged to perform any kind of work or labour as the condition of such allowance; and shall be allowed to receive at proper hours any food, bedding, clothing or other necessaries subject to strict examination, and otherwise under such limitations and restrictions as shall be prescribed by the rules and regulations to be made under this Ordinance. Diet of sick pri soners Scales and weights and measures to be provided and to be accessible to prisoners Food of prisoners committed for trial Such prisoners to be allowed to receive food, bed ding and clothcertain restric ing, &c., under tions friends, &c., of 15. And be it enacted that due provision shall be made in the rules Admission of and regulations to be framed under this Ordinance for the admission prisoners Attendance at Admission of Gaols, Prisons, and Houses of Correction at proper times and under proper restrictions of persons with whom prisoners committed for trial may wish to communicate, and also for the like admission of friends of convicted prisoners. 16. And be it enacted that as far as the circumstances of the said Colony shall from time to time admit, provision shall be made in the said rules and regulations for the attendance of all prisoners at Divine service on Sundays, or for the reading of prayers at stated periods by a Visiting Chaplain or the Keeper or some other person, and for the admission at all reasonable hours of any Minister of Religion of any sect from whom any prisoner may wish and request to receive religious consolation and Secular instruc- instruction; and also for the instruction of prisoners of both sexes in reading and writing. Ministers of Religion tion Separate confinement of prisoners Keeper not to put prisoner in irons without order, except in cases of urgent necessity 17. And be it enacted that in order to prevent the contamination arising from the association of prisoners, any prisoner may by order of the Sheriff or Visiting Justice be separately confined during the whole or any part of his imprisonment; and such separate confinement shall not be deemed solitary confinement within the meaning of any Act forbidding the continuance of solitary confinement for more than a limited time; provided always that no cell shall be used for such separate confinement which is not of such a size and so ventilated and lighted that a prisoner may be confined therein without injury to health, and every prisoner so confined shall have the means of taking air and exercise at such times as shall be deemed necessary by the surgeon. 18. And be it enacted that no prisoner shall be put in irons by the Keeper of any prison except in case of urgent and absolute necessity; Visiting Justice's and the particulars of every such case shall be forthwith entered in the Keeper's journal and notice thereof forthwith given to the Sheriff or one of the Visiting Justices; and the Keeper shall not continue the use of irons on any prisoner longer than four days without an order in writing from a Visiting Justice specifying the cause thereof, which order shall be preserved by the Keeper as his warrant for the same. Power of Visit ing Justices sum marily to investi gate and punish offences of pri soners Punishment for repeated or more serious offences 19. And be it enacted that the Sheriff or the Visiting Justice or Justices shall have power to hear and determine all complaints touching any of the following offences, that is to say, disobedience of the rules of the prison, assaults by one prisoner upon another where no dangerous wound or bruise is given, profane cursing or swearing, any indecent behaviour, and any irreverent behaviour during Divine service or prayers, all which are hereby declared to be offences under this Ordinance if committed by any description of prisoners whatsoever; idleness or negligence in work or wilful mismanagement of it, which are also declared to be offences under this Ordinance if committed by any prisoner under charge or conviction of any offence; and the said Justice or Justices may examine any persons touching such offences, and may summarily determine thereupon, and may punish all such offences by ordering any offender to close confinement in the refractory or solitary cell, in or without irons, and by keeping such offender on bread and water only for any term not exceeding three days: Provided that every complaint in respect of any of the said offences shall be made within fourteen days after commission thereof. 20. And be it enacted that in case any prisoner under charge or conviction of any crime shall be guilty of any repeated offence against Gaols, Prisons, and Houses of Correction the rules of the prison, or shall be guilty of any greater offence than any offence hereinbefore made punishable by imprisonment with bread and water, the Keeper shall forthwith report the same to the Visiting Justice or Justices, and any one such Justice, or any other Justice acting in and for the district or town in which such prison is situate, shall have power to inquire upon oath and to determine in a summary manner concerning any such matter, and to order the offender to be punished by close confinement, in or without irons, for any time not exceeding one calendar month, and to be kept on bread and water for any portion of that time not exceeding seven days, or in case of male prisoners sentenced to hard labour by personal correction not exceeding three dozen lashes. 21. And be it enacted that if any person shall convey or cause to be conveyed into any gaol or prison, any mask, visor or other disguise or any instrument or arms proper to facilitate the escape of any prisoner, and the same shall deliver or cause to be delivered to any prisoner in such gaol or prison or to any other person therein for the use of such prisoner, without the consent of the Keeper of such gaol or prison, every such person shall be deemed to have delivered such visor or disguise, instrument or arms, with intent to aid and assist such prisoner to escape or in attempting to escape; and if any person shall by any means whatsoever aid and assist any prisoner to escape or in attempting to escape from any gaol or prison, every person so offending, whether an escape be actually made or not, shall be guilty of felony, and being convicted thereof shall be transported beyond the seas for any term not exceeding fourteen years. 22. And be it enacted that if any prisoner who shall have effected his escape from any gaol or prison in the said Colony or from any road gang or working party, shall be knowingly harboured or concealed by any person with a view to prevent or impede the recapture of such prisoner or to aid such prisoner in departing from the said Colony, every person so harbouring or concealing shall be guilty of a misdemeanour. 23. And be it enacted that male and female prisoners shall be kept as much as possible in separate buildings or parts of the prison, so as to prevent them from seeing, conversing or holding intercourse with each other; and that female prisoners shall be attended by female officers or assistants where practicable. 24. [Repealed by 51 Vic., No. 5.] 25. And be it enacted that for the purpose of repairing, enlarging or improving any gaol or prison in the said Colony or on account of any contagious or infectious disease therein, or of the overcrowded state thereof, or for the purpose of removal to any newly erected and proclaimed prison within the same district, or for the purpose of setting persons sentenced to hard labour upon any public work, or for the more convenient shipment of any persons sentenced to transportation, it shall be lawful for the Sheriff by any order of the Governor, to be notified in writing by the Colonial Secretary, to remove any person |