No. II.
An Act to facilitate the taking or apprehending
of Persons charged with certain Felonies and
the punishment of those by whom they are
| harboured. | [8th April, 1865.] |
| WH E R E A S | robbery wi th | a rms accompanied b y w o u n d i n g | and | o the r | capi ta l |
| of late divers persons charged on oath wi th | m u r d e r |
felonies avai l ing themselves u n d u l y of t h e protec t ion afforded by law to accused persons before convict ion and be ing ha rboured b y evil- minded persons have not only remained for a long t ime a t la rge no twi th s t and ing all available a t t e m p t s to apprehend t h e m b u t some of t h e m be ing moun ted a rmed and associated toge ther have commit ted fur ther robberies and m u r d e r s and have resisted and kil led officers of
| jus t ice a n d o ther persons whereby t h e lives and p roper ty | of | H e r |
Majes ty ' s subjects a re in jeopardy a n d need be t t e r pro tec t ion by law Be i t therefore enacted by the Queen ' s Mos t Exce l l en t Majesty by and w i t h t h e advice and consent of t h e Legislat ive Counci l a n d Legislat ive
| Assembly | of | New | South W a l e s in P a r l i a m e n t | assembled | and by t h e |
au tho r i t y of t h e same as follows :—
| 1. W h e n e v e r | an informat ion shal l be | filed | in t he | Supreme |
| Cour t by H e r Majes ty ' s A t to rney Genera l after oa th made before | a |
| Ju s t i ce of t he Peace and a w a r r a n t t h e r e u p o n duly issued cha rg ing any person t h e r e i n named or described wi th t h e commission of a felony punishable by law w i t h dea th any J u d g e of t h e said Court upon be ing satisfied by affidavit of these facts and t h a t t he person charged is a t la rge and wil l probably resist all a t t e m p t s by t h e ordinary legal m e a n s |
| to apprehend h i m m a y for thwi th | issue | a | Bench | W a r r a n t | u n d e r | t h e |
| h a n d and seal of such J u d g e for t h e apprehens ion | of t h e person | so |
| charged | in order | to his answer ing and t a k i n g his t r ia l upon | t h e said |
informat ion and such J u d g e may t h e r e u p o n e i ther immedia te ly or a t any t ime af terwards before t he apprehens ion or sur render or after any escape from custody of the person so charged order a summons to be inserted in t h e Gazette r equ i r ing such person to sur render himself on or before a day and a t a place specified to abide his t r ia l for t he cr ime of which he so s tands accused Provided t h a t t he J u d g e shall fur ther direct t he publ icat ion of such summons a t such places and in such newspapers and general ly in such m a n n e r a n d form as shall appear to h i m to be best calculated to b r ing such s u m m o n s to t h e knowledge of t h e accused.
2. I f t he person so charged shall no t sur render himself for t r ia l p u r s u a n t to such summons or shall no t be apprehended or be ing appre hended or hav ing sur rendered shal l escape so t ha t he shall no t be in custody on t h e day specified in such summons he shall u p o n proof thereof by affidavit to t he satisfaction of any J u d g e of t h e Supremo Cour t and of t he due publ icat ion of t he summons be deemed out lawed and shall and m a y the r eupon be adjudged and declared to be an out law accordingly by such J u d g e by a declarat ion to t h a t effect unde r his h a n d filed in the said Cour t of Record A n d if after proclamat ion by the Governor wi th t h e advice of t he Executive Council of t he fact of such adjudicat ion shall have been publ i shed in t he Gazette and in one or more Sydney and one or more count ry newspapers such outlaw shall af terwards be found a t large a rmed or the re be ing reasonable g round to believe t h a t h e is a rmed it shall bo lawful for any of H e r Majesty 's subjects whe the r a constable or not and wi thou t being accountable for us ing of any deadly weapon in aid of such appre hension whe ther its use be preceded by a demand of sur render or no t to apprehend or t ake such out law alive or dead.
| 3 . The proc lamat ion as publ ished in t he Gazette | shall be |
| evidence of t h e person named or described the re in be ing and | hav ing |
| been duly adjudged an ou t law for the purposes of th i s A c t and | t h e |
| J u d g e ' s summons as so publ i shed shall in l ike m a n n e r | be | evidence of |
| t he | t r u t h | of | t h e | several m a t t e r s | s ta ted | there in . |
4. I f after such proclamat ion any person shall vo luntar i ly and knowingly ha rbour conceal or receive or give any aid shel ter or suste nance to such out law or provide h i m wi th fire-arms or any o ther weapon or wi th a m m u n i t i o n or any horse equ ipmen t or o ther assistance or directly or indi rec t ly give or cause to be given to h im or any of his
accomplices informat ion t e n d i n g or wi th in t en t to facilitate the com
mission by h i m of fur ther c r ime or to enable h i m to escape from jus t ice
or shall wi thhold informat ion or give false informat ion concerning such out law from or to any officer of police or constable in ques t of such ou t l aw—the person so offending shall be gui l ty of felony and being thereof convicted shall forfeit all his lands as well as goods a n d shall be l iable to impr i sonment w i th or wi thou t ha rd labour for such period not exceeding fifteen years as the Cour t shall de termine and no al legat ion or proof by t he p a r t y so offending t h a t he was a t t h e t ime unde r compuls ion shall be deemed a defence unless he shall as soon as possible afterwards have gone before a Jus t i ce of t he Peace or some officer of t h e Pol ice Force and t h e n to t h e best of his abil i ty given full informat ion respect ing such out law and m a d e a declarat ion on oa th voluntar i ly a n d fully of t h e facts connected wi th such compuls ion.
| 5. I n any ind ic tmen t u n d e r t h e las t preceding section | it | shall |
be sufficient to describe the offence in t h e words of t he said section and to allege t h a t t he person in respect of w h o m or whose accomplice such offence was commit ted was an outlaw w i th in t he mean ing of th i s A c t w i thou t a l leging by w h a t means or in wha t
| par t i cu la r m a n n e r | t he person on t r ia l harboured or a ided or gave | a rms |
sus tenance
| sus tenance | or informat ion | to t h e ou t law | or w h a t | in pa r t i cu la r | was t h e |
| aid sus tenance | shelter equ ipmen t informat ion | or o ther m a t t e r in |
| ques t ion . |
| 6. | A n y J u s t i c e or officer | of t he Pol ice Fo rce hav ing | reasonable |
cause to suspect t h a t an ou t law or accused person summoned u n d e r t h e provisions of th i s A c t is concealed or ha rboured in or on any dwell ing-house or premises m a y alone or accompanied by any persons ac t ing in his aid a n d ei ther by day or b y n i g h t demand admission in to a n d if refused admission m a y break and enter such dwell ing-house or premises a n d the re in apprehend every person w h o m h e shall have reasonable g round for believing to be such ou t law or accused person and m a y thereupon seize al l a rms found in or on such house or premises a n d also apprehend all persons found in or about the same w h o m such Jus t i ce or officer shall have reasonable g round for believing to have concealed ha rboured or otherwise succoured or assisted such ou t law or accused person A n d all persons a n d a rms so apprehended and seized
| shall be for thwi th t a k e n before some | convenient Ju s t i ce of t h e | Peace |
to be fur ther deal t wi th a n d disposed of according to law.
7. I t shal l be lawful after any such proc lamat ion as aforesaid for any police officer or constable in t h e pu r su i t of any such ou t law in t h e n a m e of H e r Majesty to demand a n d t ake and use any horses n o t be ing in ac tua l employment on t h e road a rms saddles forage suste
| nance equ ipmen t s or a m m u n i t i o n | requi red | for t h e purposes | of | such |
| pu r su i t | A n d if t h e owner of such p roper ty shall no t agree as to t h e |
| a m o u n t | of compensat ion to be m a d e for t h e use of such p rope r ty |
| t h e n | t h e a m o u n t | of such | compensat ion | shal l | be de termined | in t h e |
| Dis t r ic t | Cour t or Supreme Cour t according to t h e a m o u n t | claimed | in a n |
| act ion to be b r o u g h t | by t he c la imant agains t | t h e Colonial Treasurer | or |
| u p o n a n issue agreed to by the c la imant and the Colonial | Treasurer |
Provided t h a t i n all cases in which any such act ion shall be b r o u g h t it shall be lawful for t h e Colonial Treasurer to plead in ba r any t ender previously made by h i m or to pay in to Cour t such money as he shall t h i n k fit and plead such paymen t in ba r of t he fur ther m a i n t e n a n c e of such act ion.
8. This A c t shall con t inue in force for t h e period of one year
| only from | the date of i ts pass ing a n d af terwards | unless P a r l i a m e n t | be |
| s i t t ing | w h e n | t h a t | t e r m | expires | for | two calendar | m o n t h s | after | t h e |
| commencement | of i ts t h e n n e x t | Session. |
| 9. N o conveyance or t ransfer of land or goods by any such ou t law or accused person after t h e issue of a war ran t for h i s |
| apprehens ion and before h is convict ion if he shall be convicted | shal l |
| be of any effect whatever . |
| 10. This A c t shall be cited | as t h e " Felons Apprehens ion A c t " |
| and shall apply to all cr imes commi t t ed | and evidence t a k e n a n d |
| w a r r a n t s issued and informat ions | filed | re la t ing there to | as well | before |
| as after | t h e pass ing of th i s Ac t . |