Aboriginal Prisoners Act 1844 (SA)

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By His Excellency OEORGE

GREY

Esquir~;Governor and Commandw-in-

Chief of Her Jfajesty's Province of t i o u t l i ~ t r a l i a

and ils Deyendencicr

and Vice-Admiral of the same by and to&

the a&ice

and consent of the I

Zegislutivs Council.

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AN ORDINANCC to yrobicIe,for the rni#oyned and Imtmction

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of Aboriyinat? Prisonem,

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2.

HEREAS

of Australia

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now in the

who have been.

sentenced to irnprisonmcnt therein for vario

periods of time ; ancl

others may from time to time be

undergo punishment

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of a like description:

And

no sufficient means

of employing such persons

within the said

Gad, it is expcdicnt to

the employment

or

and instruction of

to their nmeli-

oration:

Be it therefore Enacted by His Excellency Ihe Governor of South '

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Australia, with the aclvice and consent of tlic Lcgislntive Council Aboriginal

may be emplopl

prirnncn

and

thereof, that all Aboriginal or Half-caste PF 'tives of this Province, in

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in ,,,

or the adjacent parts of Australia,

now under 1

sentence of imprison-. @ a i ~ b * b ~

limt, with or without hwd labor, in the common Gaol of this p

Province, or who hereafter

to imprisonment

therein, or in a y

other place of

Supreme Court,

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11. And be it Enaite& T h a t 3 shall be lawful for His Excellencf

the Governor, to make iulks, orders, and regulations, for the em- ployment, instruction, a d safe costody of such prisoners, and to appoint such officers a<d assistants as may be necessary forn their superintendence and saf8custody, with such reniuneration ss to the '

said Governor shall seei~ifit, and to appoint such places for the safe

custody of the said per ons, during their intervals of work, as to

him shall seem fit, and ,also to make, with the advice of the Excr P

cutive Council, such rule& orders, and regulatigns, as may be found

~ e f u l or requisite for edsuring propriety of conduct, and due per. formance of labor by sach pdaoners, and to make all wch other rulca, orders, and regultitions, as may be necessary ' to carry* this

Ordinance into effect, an$

the said orders, rules, and regulations, to

alter, vary, and revoke, a? occa3ion may or shall require.

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Sheriff, &C., not W-

111. Provided always, :and be it Enacted, That the Sheriff and

sponsiblo for such

prisonon vhon re-

other persons having tl1+ charge of my Gaol or other place of

moved from our of

coi~fincmcnt, and wheretn any sush offenders may be sentenced to imprisonment, shall hot be responsible for the safe custody of such prisoners during t lk time that they may be removed from oat of such Gaol, or phce of confinement, under the authority of

this Ordinance,

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TO h0 crnp~pr~a

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IV. Provided also, an& be it Ennctcd, Tlmt s ~ c h

prisoners shall,

"O'not"OrA"nr'~'na~

Prisonera not aonten-

during tlicir reapcctive i w n s of

iml~risonmcnt, be employed apart

to hmra Inhr. not from all other hboriginal;'or Half-caste Natives not under sentence

c

"Or'

of imprisonment; and th$t no such prisoner, d o

has not been send

which is sovere.

tcnced to hard labor, dialXbe set to any labor which is severe,

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Proviao reserving

V. Provided also, and!be it Enacted, That elfery Judge of the

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~ w e r a f J u d ~ O a ~ J u r

Suprcxne Court, and every Visiting Justice appointed under the

tic-,

&C,, to visit and

examine.

provisions of an ~rciinanbc of the Governor, with the ndvice and

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&xiscnt of thc Legislntivi Cormcil of South Aostmlin, on the fifth day of October, one tho~&~d eight hundred and fortytwo, intitdcd *' An Act for the regu1nti& of Gaols, Prisons, and IIouses of COP

e vict, ~ b i

4.

rection in 8outh A U S ~ S ~ ~

;" and m ~ r p

other Mqistmte of the

Proviuce, slmll 1 w e and: oxercise the same powere Rnct duties of visiting, entering, and eximining any such place appointed for the employnlent of bborigind and Halfkwte .Native Prilwners, W in

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, the case of any (3&

or other place of chnfinement; and nothing

herein contained shall abridge or affect &he

livful power8 of any

such Judge or Magistrate.

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VI. Provided also, that the Visiting ~kstice

shall have power to

hear, determine, and punish for disobediknee of the rules, orders,

, and regulations made in pursuance hereof; in like manner aa in the

case of offences against the lastmentioned brdinsnce.

VII. And be it Enacted, That this Cfidinance shall commence

e.

and take effect from and h r.

the passing Wf.

F

S

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G. GREY,

~over&or

of South Austra3ia.

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P ~ s e d

tlhe Legislative Council this fiineteeqh

d q of

August, 1844.

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