Convicts, custody and discipline, amendment (1879) (WA)

WESTERN AUSTRALIA

ANNO QUADRAGESIMO TERTIO

VICTORDE REGINIE

No. 4

An Act to make additional provisions for Prison Dis-

cipline in Western Australia.

[Assented to 8th August, 1879.

HERFAS it has been found necessary to make additional

regulations for Prison Discipline in Western Australia : Be

it enacted by His Excellency the Governor of Western Australia and

its Dependencies, by and with the advice and consent of the Legislative

Council thereof, as follows :-

Repeal of 21st 1. The first section of the Ordinance 21st Victoria, No. 1, is hereby Vic., No. 1, sec. 1 repealed, except as to proceedings commenced and offences committed

against its provisions ; And in lieu thereof be it enacted as follows :-

Officer

2. Any person who shall, without the assent of a prison officer,

give or convey, or attempt to give or convey, directly or indirectly,

Prisoner

any article or thing whatsoever to any prisoner then undergoing an unexpired term of penal servitude or imprisonment, or who shall conceal or place any article or thing in the way of or for the purpose of being received by any such prisoner, may, on conviction thereof in a summary manner before any two Justices of the Peace, incur a penalty not exceeding Fifty pounds, or be imprisoned with or without hard labour for any term not exceeding three calendar months, or may be deemed guilty of a misdemeanour, and on conviction thereof before the Supreme Court or any Court of General Sessions of the Peace, shall incur a penalty not exceeding One hundred pounds, or such penalty with or without imprisonment, with or without hard labour, for any term not exceeding three years.

Onus of proof

3. In all proceedings under this Act, the onus of proving such assent shall rest on the person accused.

Ordinances and	4. This Act and No. 18 of the 16th Victoria, 1853, and No. 6 of
this Act to be

read together

14th Victoria, 1850, and the said amended Ordinance, shall be taken

and construed together as one Act, to all intents and purposes.

H. ST. GEORGE ORD,

GOVERNOR.