Convicts Prevention Act 1879 (SA)

ANNO QUA1)KAGESlMO SECUSDO Er QUAURAGESZMO

TERTIO

VICTORIB REGINB.

No. 146.

An Act to ;mend the Convicts Prcvcntion Act, 1865.

HEREAS it is desirable to anlend thc Convicts l'rcvention Preamble

W Act, 1865, which, as rcgards conlicts whosr sentence or	sentences have expired previous to tlwir arrival ill thc said provincc,
is applicable only to tllosc convicts who conic. from the colony of Wcstern Australia, bp extclicling the operation of tllc said Act 50 as to apply ta sucl.1 convicts coming fronl m y of the British poswssions-Bc it therefore h a c t c d 11y the Govcrnor of' thc Province, of South Anstralia7 with tlw advice and consmt of thc Legislative Couilcil and Housc of Assrmbly of' the said province,
in this lmsent Parliauncwt assembled, as follows:

1.16

1, This Act mav he cited for all purposes as " 'l'he Convicts Shorttltlc

Prevention Act ~ n k n d m ~ n t Act, 1 879."

2, The said Convicts Prevention Act. 11365 (saw so far as thi? Ia~orporation.

same is affectccl, altered, repeuled: or itrnciidcci hereby), shall be deemed to be incorporatecl with this Act, and shall be construed herewith as forming one Act.

3. Sections 8, 4, 5, l:",, alld 1 8 of the said Convicts Y revention sections ~ e p o a l of of celtsin the

Act, 1865, arc hereby repealed, excepting always in so far as the ConyietsProvention

said sections may affect, alter, repeal, or amend any fbrmer Acts Act, 1865.

or Ordinances, or any part thereof, ancl excepting so far as relates to anything lawfully done thereunder before the commencement of this Act, and excepting so far us may be necessary to enable

any

42' & 4 3 O VICTOKII/E, No. 146.

Convicts Preveniior~ Act Auze?zdtnent Act.-1879.

any punishment to be inflicted or pena,lty enforced for anything contrary to the provisions of the said Act or the Acts or Ordinances thereby repealed, or any of them.

Suspected person^!

may be arrested. 4, It shall be lawful for any Justice of the Peace, having reason- able cause to suspect that any person has a t any time been foimd guilty of any capital felony, or any felony on convictioil for which such person was liable to be imprisoned for a period of onc year or upwards by a Court of competent jurisdiction in the United Kingdom of Great Britain and Ircland or any British possession other than the said province, and who is now or may at any tirnc after the coming into operation of this Act come into the said province, to issue a warrant for thc arrest of, and to cause such suspected person to be apprehcrdsd and taken bcfore any two Justices of the Peace to be dealt with as hereinafter incntioned, such person not having been lawfully resident in the said province at the time of or previous to the passing of this Act: Provided that i t shall be lawful for any Justice of the Pcace to take bail for the appearance of such suspected person before such ,Justices ill such sum, and with or without such sureties as such Justice may deem expedient: Provided also that nothing in this Act contained shall apply or be dcclned to apply to :my inerson whose sentence or sentences (if more than one) shall have expired for u greater period than three ycus previous to his arrival in the said proviiice.

Punishment on	5, It shall be lawful for any two Justices of the Peace, befvrc
suspected pcrsom

being convicted.

whom any such suspected person shall have been brought, on proof that such person has come into the said y~~ovince contrary to the provisions of this Act, or of the said Convicts Prevention Act, 1865, to convict him thereof, and at their cliscretion either to take bail that such person shall leavc thc said province within scvcn days after his conviction, or to cause such person to bc conveyed in custody to the cotmtry or posscssion from whelicc he came, or to sentence such person: if a ~nulc, to bc imprisoned with hard 1:~bor for any period uo"iescccding thrw years; or, if n female, to be irnyrisoncd with or without h a d labor for any period not exceed-

ing two years.

Additional punish- 6, Any person senteuced as aforesaid to iinpriso~ment, who slyall

ment for conyicted	reniall~ in the said province for three months after the tcrrnination of such sentence, shall be liable to be again similarly apprehended and sentmced, ailcl so on from time to time su often as he shall so remain.
persons remaming after expiration of sentence.

Who nlay lay in- '7,

Any pcmoil, except as hereinafter yrovidcct, rimy lay an infor- mation for any offence contrary to the provisions of this Act, or of the said Convicts Prevention Act, l865: Provided that no person shall lay any information against any person whose sentence or sen- tences (if more than one) shall have expired previous to his arrival in the said province, without first obtaining for that purpose the written authority of the Chief Secretary of the said province fsr the time being. 8. This

formations.

8, This Act shall come into operation from and after the day to ~ornn~ellcernent of

be fixed by the Governor by Proclamation in the Gocewnent Gn.zette,

alld such day shall not be nore than three months from the day upon which Her hrlrtjcsty's plcasure upon thc said Act shall be

signified in the said Gazette.

In the name and on behalf of Her Majesty, I Iicreby assent to

this Bill.

TVhl. F. 1)RUMRIONII JERVOIS, Governor.

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Adelaide: By authority, E. SPILLER, Acting Government Printer, Borth-ter~ace.