Convicted Felons Act 1857 (SA)

No. 18.

An Act to prevent the introduction into the Province o f South Aus-

trilia of Convicted Felons and other ~ e r s o n d sentenced to ,; . f l, .. ~ " C G / & 2. #C,.,

Transportation Jw	Ofences against the Laws.	KT	= L >,i~d K
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[Reserved, 30th November, 1857.1 L -<y :,./, , 7 ;L ;L;L-.-

HEREAS it has pleased the Government of the United *WII~. - - -p

W Kingdom of Great Britain and ircland to constitute the. 7 fi ,,C

adjacent Colony of Western Australia a penal settlement for the safe Fd -,. /. ~ 4 L. 2 -

keeping of convicted felons and other persons undergoing trans-	/-	. &; J, ,=	.
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portation for offences against the laws: And whereas many of the
said convicted felons have been and are frequently permittcd to pass
from the said Colony to other Australian Colonies: And whereas it
is essential for the preservation of peace and good order in the
community that an immediate stop should be put to the landing or
being in the Province of South Australia of convicted fklons or other
persons undergoing sentence of transportation for offences against
the laws-Be it therefore Enacted, by the Governor-in-Chief of the

Province of South Australia, with the advice and consent of the dJ

Legislative Council and House of Assembly of the said Province, in	k3-#.d~-d	--	- -.	-.-	-
this present Parliament assembled, as follows-

1. No convicted felon, or other person undergoing sentence of Imprisonment of felons who enter the

transportation for any offence against the laws, nor any person who colony, the said Province or come or be in any place within the limits of the said Province, under the pmalty, on conviction thereof, before

is or shall bc under sentence in any British Colony or Possession,

other than the said Province, for any capital or transportable

offence, nor any person not at liberty, by reason of any conviction

or sentence, to reside in any part of the United Kingdom of

any two Justices of the Peace for the said Province, or before any

Local Court, established in the said Province, if a male, of being

E S ~entenced

sentenced to penal servituddc for a period not exceeding thrcc years, and, if a female, of being imprisoned, and kept to hard labor, in one or other of the public gaols of the said Province, for

& period not exceeding two ycars, or at the discretion of the con-

victing Justices, or of the said Court, of being conveyed as a prisoner

by the most safe and expeditious mode of conveyance to the Colony

or Possession to which he or she was transported, or in which he

&. she was convicted (as the case may be), there to be dealt with

according to law.

No per~n coming 2. The master of any ship or vessel arriving at any port of or place

from Western AW-

trdii to land without in the said Province, from any port of or place in Wcs t~ rn	Australia,
proof of being a free

P-".	shall detain every passenger on board his ship or vessel, until he shall have obtained from the CoUector. or other chief officer of Customs, at or nearest to thc port of arriwl, in respect of each passenger respec- tively, a certificate that the said master has proved, to the satisfhction of the said Collector, or other chief officer of Customs, that the passenger, in respect of whom such certificate is granted, is not H, prisoner of the Crown, or runaway convict, or any convict coming under cover of any conditional pardon, ticket-of-leave, or indulgence of any kind, other than a frec parclon, or rcrnission of his or her sentence by Her Majesty: And any master who shall permit or suffer any passenger to land, previous to obtaining such certificate, shall be liable to a pcnalty of Twenty-fi~e Pounds for each passenger so
landing..
Fining of maston or
owners of vcsaols	3. Any master mariner, or other person commanding, navigating, or sailing any ship, vessel, or boat which may hereaf'ter, with thc knowledge of such master or othcr person, bring to any port or other place in the said Province any runaway convict, or any convict coming under cover of any conditional pardon, ticket-of-leave, or indulgence of any kind other than a free pardon or remis-of his or her sentence by Her M a i l 1 be guilty of a misrlerneanor; and upon conviction thereof before any Local Court cstablisllcd as aforesaid, or before any two Justices of the Peace shall, for every such offence, incur and be liable to a fine not exceeding One Hundred
bmging felone.
,months, or to both, at the discretion of the said Court or Justices Pounds, or to imprisonment for any time not exceeding three calendar respectively.
Definition of
'' offender illegally at	4. Any person who has been, or shall be transported for any offence against the law to any British Colony or Possession, or who is under sentence for any capital or transportable offence in any British Colony or Possession other than the ssid Province- who shall hcre- after come to the said Proiince, not having served the.full,period of his or her sentence, or the'hll term for which he or she was trans- ported, or not having recei&d from Her Majesty a free pardon or remission of his or her sentence shall, for the purposes and in the +construction of this Act, be deemed to be an offender illegally at large; and the te'rrn " offender illegally at large," whenever it occurs in this Act, shall be taken to signify and denote .such person so
a a q p ~

transported

transported who has not served such period or term, or received such

pardon or remission as aforesaid.

5. Every person who shall knowingly harbor or conceal any Penalty for concealing offenders.

offender illrgally at large, for the purpose of evading the pro- visions of this Act, shall, on conviction thexeof before any such Court as aforesaid, or before two Justices of the Peace, forfeit and pay for every such offence a sum not exceeding One Hundred Pounds; and, in default of payment, shall be imprisoned in any of

, Her Majesty's gaols in the said Province for any period not exceeding

twelve months.

6. All property found upon or in the possession of the person F rnperty of offenders t o bc forfeited, and

convicted of being an offender illegally at large shall be forfeited, .bl,

and it shall be lawful for the said Local Court or the convicting incunve~ing	away.	them
Jilstices to order the whole or a sufficient part thereof to be applied towards the expense of convcying such offender to the Colony or Possession to which he or she was transported., or in which he or she was coiivicted.

'7. proof on oath that any person vas in any o t h ~ r British Colony Whatdermedovidence of a person being a

or Possession than the said Province, known to be, or was comtnonly ,o,,,,t

reputed and deemed to be a transported fclon, or a convict under

sentence for any capital or tr:mspartablc offence, shall, for the

purposes of this Act, he t;~l<an ar good prima $ h i e evidencc that

such person was transported to st~ch Colony or Possession, or con-

victed therein of a capital or transportable offence, as the case may

be; and evidence that such person was so known, deemed, or reputed,

at any period within sewn years, shall be taken as good prima &fix&

evidence that such person has not served the full period of his or her

sentence, or the full term for which he or she was transported, and

has not reccived such pardon or remissio~i as aforesaid, unless the

contrary be proved.

8. I t shall be lawful for any Justice of the Peace, having credible information on oath that any offender illegally at large apprehend offenders. i"'le

search warrants to

is harbored in any dwelling-house, or tenemcnt, or other place, within his jurisdiction, to grant a search warrant to any one or more constables to search for and apprehend such pffender; and any person found and apprehended by virtue of such warrant, shall, by such constable or constables, be fofthwith taken before a Justice or Justices of the Peace, for examir~ation, and to bt: further dealt with according to law.

9. All fines and penalties reeovered under this Act, and all ~ ~ ~ ~ $ ~ ~ ~ t i O n O f

moneys and property forfeited and not specially appropriated, shall be applied to and go to Her Majesty, Her heirs, and successors, for the public uses af the said Province.

10. All proceedings under this Act shall be had and taken in a Pmeedinga &at be

summary fom quashed for want of

summary way, and no such proceeding s l d l be ~unshed	for want
of form.

General issue may be

pleaded in all actioions.	11. If any suit or action shaU be brought against any Justice of the Peace, constable, or other person, for any act or thing done in furtherance of this Act, the defendant in every such action or suit
may plead the general issue, and give this Act and the special matter
in evidence at any trial to be had thereupon.

GOVERNMENT GAZETT

ALL PUBLIC ACTS appearing in this Ga7~tte are to be considered oficial and oheyud as awh.

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ADELAIDE, THURSDAY, JULY 29, 1858.

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PROCLAM ATIOX thereon, ahould apply to and be in force in the Proviace o f South Australia: And whereas, 1, the Governor-in-

By 116 ~scellency"' Sir R ~ o n l RD GRAVES M ACDONNELL,

Knight, Companion of the Most	Chief of the said Province of South Australia, did reserve
ifcnoruble Order of the Bath,	n certain Bill passed by the Legislative Council and

(L& Cuptain- GenerduadGouernor- House of Assembly of the said Province, in Parliament

~ X & E D C ~ R A ~ E ~ MACDONNELL. in- chief @f Her jfajedty's Pro- assembled, intituled " An Act to prevent the in-

witace of Soarth Australia, and	troduction into the Province of South Australia of
Ece-Admiral of the same, $ca,	convieted felons, and other persons sentenced to trans-

&C., 4c. portation for offences aga in~ t the Laws," for the

4 RE A S by an Act of the Parliament of Grent signification of Her Majesty's pleasure therean: And whereas on the %ohteenth day of A ril one thoueand

W % Y i t t t i n and irelnnd,.pnesed in the Bfth and sixth

gears of Her Majesty's re1 n, intituled 'c An Act for	eight hundred n n - m t, ~er'd$t~, in Council,
the Government of New Sout % $vales and Van Diemen's	was graciously pleased to assent to the provisions of
Land," it is amongst other things enacted, that no Bill	the anid Bill: ' Now, therefore, I, the said Governor-in-
which shall be reserved for the Ggnification of Her	Chief of the said Province of South Australia, do
Majeaty'e pleasure thereon, chsll have any force or	berebrproclrim, order, and ordain, that from and after
the ei hteenth day of now next ensuin, the

authority ~ i t h i n the Colony of New South Wales until I

the Governor of the said Colony ehtiW%ignify, either by provisuns o t e said last-rnentronecl Act s h a d e x , .B--,

speech or meaaage to the Legislative Coun	tbm within the P-rovince aforesaid.
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eaid Colony, or by Proclamation aa therein Given under my hand and the ~ubl ic seal of the 11

that utsuh Bill ha8 been laid behre Her M~.jesty id said Provin&, at Adelaide, thb t w ent wven t h

Canoil, and thtkt Her Mqjeety Bea bean pleaaed to in the year of our A n d

aamnt to the same: And wbereae b another Act day 9 eight hun red and fift -01 ht and in the twenty-

ssed in the thirteen& and faurteent years of Her g eecolrd gear of Her + ajesty s reign. - -

?&jssty'e reign, intittaled ' An Act for the better By command,

&yammd of Bar Msje& '8 Australian Colan ie~ ,~ W P, PQUPYUHUSBAND,

it was p d e d amonpt ot er things 1 t B d the pm- Chief Secretary.

1 vEsione af the asid former Act moerning the reservation

of Bia for the eignifcativn of Her Mnjeety'e pletnaure GOD SATE TEIB QUIEEP~ 1

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