Convicts, custody and discipline (1857) (WA)

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WESTERN A USTRALI A.

ANNO VICESIMO-PRIMO VICTORI/E REGINIE.

No. I.

An Ordinance to make additional provisions for Convict Discipline in Western Aus- tralia.

HEREAS it has been found necessary to make additional more fully the duties of officers connected therewith : Be it enacted,

W regulations for Convict Discipline in Western Australia, as well on road parties and in depot as inside prisons ; also to declare Preamble.

by His Excellency the Governor of Western Australia and its De- pendencies, by and with the advice and consent of the Legislative Council thereof:—

I. THAT from and after the passing of this Ordinance, any person who shall clandestinely, without the previous knowledge and assent of a superintendent or overseer of convicts, give or convey,

Or attempt to give or convey, directly or indirectly, any article

21st Viet., No. 1.

1857.

whatsoever of food, or luxury, or wearing apparel, or any weapon,

Clandestine presentsinstrument, or utensil, to any convict, or indiscriminately to or of articles, of food, of amongst any party of convicts, then being respectively in the

luxury or tools, and custody and service of the Government, or shall conceal or place thelaying any such in same, or any of the same

way of convicts, pro- e, in the way of, and for the purpose of

hibited. being clandestinely received by, any such convict or convicts, whether in either of the said cases, such convict or convicts be inside any prison or depot, or on any road or working party, shall, on conviction thereof in a summary manner before any one or more Justice or Justices of the Peace, forfeit and pay any sum not ex- ceeding ten pounds, and in default of payment thereof, shall be imprisoned, with or without hard labour, for any term not exceed- ing three calendar months.

Servant or hired la-

II. THAT any person employed in, attached to, or connected

bourer or officer not

with any Prison, Convict Establishment, or Depot, or road or

to possess letters to

working party, in whose possession shall be found any letter or

or from convicts un-

document addressed to, or purporting to be written by or on behalf

signed by officer.

of any convict then under the control and in the custody of the Government, the said letter, not being duly superscribed by a Superintendent, shall, on conviction thereof in a summary manner before any one or more Justice or Justices of the Peace, forfeit and

£5.

pay a sum not exceeding Five Pounds, and in default of payment thereof, shall be imprisoned, with or without hard labour, for any

12 months.

term not exceeding one month.

III.

THAT any person who shall deliver, or attempt to deliver to, or who shall receive from, any convict in prison, in depOt or on a road or working party, any letter or paper not duly superscribed by

Nor to deliver to.

a Superintendent shall, on conviction thereof in a summary manner

£5 penalty.

before any one or more Justice or Justices of the Peace, forfeit and pay a sum not exceeding five pounds, and in default of payment thereof, shall be imprisoned, with or without hard labour, for any term not exceeding one month.

IV.     THAT any officer, or other person in any way connected

with any prison, depOt, or road or working party, who shall aid in,

Conniving officer. or connive at the breach of any enactment herein contained, or in

the Ordinances No. 6, 1850, and No. 18, 1853, respectively, or of

any rule or prison regulation duly established by the Governor,

shall, on conviction thereof in a summary way before any two or

1857.               21st Viet., No. 1.

more Justices of the Peace, forfeit and pay a sum not exceeding

fifty pounds, and in default of payment thereof, or at the discretion 50 . or IS

of the convicting Justices in the first instance, without the previous months 1 imprison.

imposition of any fine, shall be imprisoned, with or without hard neut.

labour, for any term not exceeding twelve months.

V. THAT this Ordinance, and No. 18, 16th Victoria, 1853, and No. 6, 14th Victoria, 1850, shall be taken and construed together as one Ordinance, to all intents and purposes.

A. E. KENNEDY,

GOVERNOR AND COMMANDER-IN-CHIEF.

Passed the Legislative Council this}

22nd dag4 of June, 1857.

HENRY WAREFORD,

Clerk of the Council.

Printed by STIRLING, SEOLL; & Co., Perth.

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