Crimes Act 1845 (SA)

paled bg hr. 32; ,?%,

" shop, mill, malt-house, barn, or granary, or any building

or erection used in carryiihg on any trade or manufacture, or m p

'Lbranch thereof, or any kachinery whether fixed or rnovenldc~

"prepared for or employed in any manufacture or in anv branoil

"or worluninn any mine, o$ any staith, builcling or erection used " thereof, or any steam-engi4 B e or other engine for sinking? draining.

"in conducting the businesq of any mine, or any bridge? waggon. h.

& 6 way, or trunk for c o n ~ r @ ~ i n ~ minerals from any mmc, pr r ry

"such offender should bd dccmed guilty of felony, and bring " convicted tlicrcof should$ suffer death as a fclon; ailcl that in

" case of every felony pun$sliable under that Act even- prinvipl

" in tlic second degrce, and every acccsaory before the diet, sliouirl "be punisllable with de&h or otllernise in the smne miuntcr

"	"as the principsl iu thcj first degree xns by that Ac.t pmi5h- " able: And whereas it ~ f a s deemed espcclicut in Pii;;lnn{l t l i i l t
" tlic said offeilc~s hercin$cfow mentioned should be no long% i
" piinishable with dcnth, a4d by an Act made arid passed in t lw

4 5 Vi~t.9 C. 56- Parliament held in the k$urtll and Fifth years of t hc l ician of c1

Tnking

nrrhmcnt of dcnrh. t'la pub bb Ecr present i\lajestv, inbitded ' An Act for taking army tlw

' punishment of de&h id certain cases and substitutin~ otlwr

And be it further enacted, that in the aonstnlction of this clause )fmnin.n er the w ~ n i * ct~urch or chopcl,

the ~vords " any church or chapel or on) chapel for the religious a, in hi8 pmri-

worship of persons dissenting fibom tile Uillterl Church of E~lglnild

and Ireland duly registered or recordc4," shall be deemed and

construed to mean any church or clia~~cl .ifor religious worship

this Province either of the Church of E11 and and Ireland, or of Scotland, or of Eome, or any cllapcl of a$ cllristiau congre8atiou whereof the Miilister sliall be duly reg~tcred as an Officiating Minister undrr and by virtue of an OrQnance of the Governor and Conncil of this Province, pnssed on @e 2211d day of March,

1812, intituled "An Act for regulating hl&riages in the Province

of South Australia."	?	3
1

11. And whereas also by an Act passed tin the Xinth Year of 9 G c a 4, c 31,reer intituled " An Act 16 & 17.

His said late Majcsty King George tllc F o u ~ h, m

for consolidating and amending the ~tnt&cs in England relative R*

" to offences ngnulst the person," it was j amongst other things	enacted, "that every person convicted of the crime of rape should
" suffer clcath as a felm, and that if any lxirson should unlawfully "and carnally know ancl abuse my girl qndcr the age of tcn years every such offc~tder should bc guilt,? of felony, and being
" convicted tlmcof shoulcl suffer dcatll as a fclon :" And whereas 4 & 5 Vict., c 3 h
by the said Act n~acle and passed in the P8rlinment held in the Fourth and Fifth Yenss of the X c i p of 23cr present Majesty, intituled An Act for taking nwny the puhidimcnt of death in
" certain cases and wbstituting othcr ptlnisl~rhents in lieu thcwof,"
the punislment of &nth is talw1 away respect of persons
..guilty of the sevcrd last mentioncil offcncc& and the ~mishment of transportation for lifc is substitntcd in lice thereof: Be it Hot to * rmwlah
therefore enartal, io conformity with the lack mnltioned Statute, with death,
that from ami aftrr tllc coinmencentcnt of tliis Orclinnnce if any pcrsort ~hnll hc conrictcd in this Province of'hitlicr of tlic offc~nces
~~creinbrfosr! li~st q,cyifictl, ~ w l ~ p r ~ w n sl& not. bc sl11)jclct to
my 5ciltc~ncr. jt~dg~nc.t~t, or ~)ullisl~tntxnt of tlc~th, h i t ?1111\11 i l l s t ~ d
of thc scntn~rc or jndgmcnt. in mltl 11s tllc knit1 hc~cii~bcfo~~c in
part recited Act,, pnssal in the Ninth vvar of the Reign of His said late hhjc6ty King (ieorge the E'onrtll. oi*!lcyed to be giwn or
awarded against persons c~nvictcd of t l l ~ siid last ~nentiolied D n ~ r i c h ~ n n v o ~ n -
offences or either of thcm respectively bc linbk to be. trmslmrtcd tioa tor )it* beyond the seas for the term of his natord life,

111. And be it ennctccl, that in awarding ate puiiislment of Iwd*nnn*nt m v l*

$pisonment for any offences punisllablc m&r this Ordino~m, i,*, with nr withmt hard

It shall he lawful for tllc Court to direct sucli~ pzmidlment to be

lvith or witllout hard labor in tlic Co:nnmn :Gaol or IIOUW of i

Correction, and &O

to diregt that the offender did b kept in

solitary

C'

aolita.1~ confinement for &ny portion or portions of such in~prisoll-

malt whether the same be with or without hard labor, not exceeding one month i t any one time, and not exceeding three months in any one $car, as to the Court in its discretion shall

L

seem meet.	L '.
:c

r )lTcnccs no! to bo

tried at Gencral ot IV. And be it cnnctdd, that none of the offcnces hereinbcfore

Quarter Sewions.

specified shall be tried or triable before any Justices of the Peace

at any General or Quartdr Sessions of the Peace.

6

~ommc~r&mcnt of

Ordinance. .	V. And be i t enacted,; that this Ordinance shall cnm~nence and take effect on thc first d4y of August next ensuing.	4
S,
t
.$ G. GREY,
d Governor and Commander-in-C'hief:
6

Pmcd the Leyislatiae &,mcil this Fist

dny qf July, One Thousand Eight

$Fundred and Wrgnjfue.

L, ~ ' H A L L O ~ A N,

clerk of Council,