Convicts Apprehension Act 1839 (SA)

VICTORIB REGINE.

d

No. 5,

An Act to facilitate the Apprehension it,? Sbuth Australia of Convicts

escaping from the neighboriltg Penal Settlements.

HEREAS the cominunicatioiz between the Island of Van

Province of South Australia has greatly increased and facilities for W Diemen's Land the Colony of New South Wales and the

the escape of transported offenders and persons charged with crimes

and misdemeanors have thereby arisen:

Council thereof that from and after the passing of this Act if any e;g;"c+zf	transported offender or person against d i o m a warrant shall be into the Province of
issued by any of the Judges of the Suprcme Courts of Van Diemen's Auatra.
Land or of Nev South Wales or by any Justice of the Peace for the
same respectively for any crime or offence against the laws in force
in Van Diemen's Land or 'New South Vales shall escape go into
reside or be in any place within the Province of South Australia or its Dependencies it shall and may be lawful for any Justice or Jus- tices of the Peace for South Australia and all such Justices are hereby required upon proof being made upon oath of a credible witness of the handwriting of the Judge Justice or Justices of Van Diemen's

Be it therefore Enacted by His Excellency Lieutenant-Colonel Warranta isauea by

George Gawler Knight of the Rop l Ranoveriaii Guelphic Order a VanDiemen's Judge or Justice Land of or

Governor and Commander-in-Chief of Iler Majesty's Province of New south Wales against offendera

South Australia with the advice a i d consent of the T,egislative . , n i , , , , l v,

Diemen's Land or of New th Wales respectively granting such

May be indoreed by	warrant to endorse his or	ir name or names on such warrant
any Justice of the

Provinae of South	which shall be a. sufficient authority to the person or persons bringing
AwtraIia.	such warrant and to all othdr persons to whom such warrant was originally directed and alsojto all constables for any part of the Province of South Australia Qr its Dependencies to execute the said warrant within any part of &uth Australia or its Dcpcndencics and to apprehend and carry such-offender or offenders before the Justice or Justices who endorsed sqch warrant or some other Justice or Justices for the Province of $out11 Australia.
The party appre-

hended to be admitted 11. And be it Enacted th i t in case the offence be bailable in law

to wu oonrial. and such offender or offenderb (not being convicts then under sen-

tence or suspected to be s$h) shall be ready and willing to give bail for his her or their appeiarance according to the exigence of the said warrant such Justice or Justices by whom the warrant was endorsed or before whom apy such offcndcr or off'cnders shall be brought shall and may praiceed with such offender or offenders and take bail for him her or them according to the exigence of the said warrant in the same mbnner as the Judge Justice or Justices who originally issued the sarde should or might have done and snch Justice or Justices so taking bail as aforesaid shall take the recogni- zance or bail bond of the s&d offender or offenders and of his her or their bail in cluplicate and shall deliver one of such duplicatcs

to the constable or other officer or officers or person or persons so

apprehending such offender csr offenders as aforesaid who are hereby required to receive the same and to deliver or cause to be delivered such recognizance or bail bond to Her Majesty's Crown Solicitor or Clerk of the Peace or other proper officer for receiving the same in Van Diemen's Land or New South Wales respectively and the said Justice or Justices so taking bail as aforesaid, shall transmit the other of such duplicates to the Chief Clerk or other proper officer for receiving the same belonging to thc Suprcme Court of South Australia there to be kept of record and it shall and may be lawful for the Court in which any person so bound to appear shall forfeit	his or her recognizaim or b&il bond to transmit a certificate testi-	fying the forfeiture thereof under seal of the said Court
or under the hand and seal of one of the Judges or Jus- tices of the same to the proper officer of the said Supreme Court and it shall and may be lawful for the said Supreme Court
to proceed upon such certificate to levy the sum so forfeited in
the same manner in which the said Supreme Court may proceed upon any recognizance or bail, bond t a l m and forfeited within the said Province of South Australia and estreated into the said Supreme Court: Provided always that if such offence be not bailable in law ox such offender or offenders shall not give bail for his her or theiLI appearance according to the exigence of such warrant the said Justice or Justices before whom such offender or offenders shall be brought shall remand him Ilex or them to the custody of the con- stable or other officer or person who shall have apprehended such offender or offenders and such constable officer or other person slrall

proceed

proceed to convey such offender or bffenders by the most aafe and expeditious mode of conveyance to that part of Van Diemen's Land

or of New South Wales in which the orime was committed to be

there dealt with according to law.

GEORGE GA WLER,

G~vernor of South Australia.

Passed in Council this 1'7th day of

September 1839.

GEORGE HALL,

Clerk of Council,

: Printed by authotity by W, C, Cox,, Qo~cttnment Printer, Nortbterrace,