Drunkenness, punishment of (1851) (WA)

WESTERN AUSTRALIA.

ANNO DECIMO QUARTO

VICTORIA, REGINA].

No. XXV.

An Ordinance to provide a more suitable mode of inflicting punishment for Drunk- enness.

HEREAS the present mode of inflicting punishment forDrunk-

is not paid, and the amount cannot be levied by distress, is unsuitedWenness by imprisonment in the Stocks, when the fine imposed

to the climate and circumstances of this Colony, and it is expedient

14th Viet, No. 25. 1851.

to confer upon Jostles of the Peace, individually, a discretionary power of imposing for such offence a greater fine than is at present permitted by law ;—Be it therefore enacted, by his Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, that after passing of this Ordinance, it shall be lawful for any one Justice of the Peace to impose a fine of not less than five shillings nor more than twenty shillings upon any person convicted before him of the offence of drunkenness, and that if such fine shall not be paid either immedi- ately, or at such time as the convicting Justice shall appoint it shall be lawful fur such Justice, in his discretion, either to commit the offender at once to the nearest gaol or lock-up house for any time not exceed- ing seven days, with or without hard labour, for the first offence, and for any time not exceeding fourteen days, in like manner, for any subsequent offence, or to deal with such offender in the manner hitherto ordained by law ; and that the fact of a previous conviction of the said offence may be proved by any person who was present thereat; and that any Justice of the Peace who shall twice or oftener convict the same individual of the said offence, shall or may lawfully enforce this Ordinance upon his own knowledge and official privity of and to any first or prior conviction of such individual without fur-

ther or extrinsic evidence thereof.

OH ARLES FITZGERALD,

GOVERNOR AND COMMANDER-IN-CRIER.

Passed the Legislative Council,

the 21st day of May, 1851. 3

A. O'GRADY LEFROY,

Clerk of the Council,

Printed by authority of the Government, by E. Stirling, Perth.