Felons Apprehension Act Amendment Act 1879 No 9a (NSW)

No. XIII.

An Act to amend the " Felons Apprehension

Act of 1879." [2nd April, 1879.]

WH E R E A S th ree and four of an Ac t passed du r ing th is present Session of

doubts m i g h t arise upon t h e construct ion of sections

Pa r l i amen t in t i tu led "An Act to facilitate the taking or apprehending

of Persons charged with certain felonies and the punishment of those

by whom they are harboured'' w h e t h e r an adjudicat ion and declaration of out lawry and o ther t he proceedings powers and provisions consequent the reupon contained in t h e said A c t could lawfully be m a d e t a k e n exercised a n d carr ied ou t in t he case of persons out lawed in some other Colony t h a n N e w South Wales and for whose apprehension in this Colony a Bench W a r r a n t shall have been issued b u t who have not been charged by informat ion of t he At to rney Genera l in pu r suance of t h e provisions of t h e second section of the said A c t wi th t h e commission of any capital felony in this Colony A n d whereas it is expedient to p reven t such doubts from aris ing and to give clearer expression to t he mean ing and in ten t ion of t he Legis la ture in reference to such persons t h a n is now conveyed by the said sections Be it therefore enacted by t h e Queen ' s Most Exce l l en t Majes ty by and wi th t he advice and consent of the Legislat ive Council and Legislat ive Assembly of N e w South Wales in Pa r l i amen t assembled a n d by t h e au thor i ty of t h e same as follows :—

four of t he said Ac t as if t h e y had been originally enacted therein .

1. F rom and after t h e commencemen t of th is A c t the sections numbered th ree and four of t h e A c t forty-second Vic tor ia n u m b e r n ine be ing the " Felons Apprehens ion A c t of 1879" shall be repealed and the sections hereinafter set for th shall be subs t i tu ted in l ieu thereof to the in t en t tha t the said subs t i tu ted sections shall be so incorporated

wi th form pa r t of and be n u m b e r e d respectively as sections t h r ee and

2. The following section shall s tand in l ieu of section three of

t he said Ac t viz. :—
I I I . I f upon an applicat ion by or on behalf of t h e At to rney General to any J u d g e of t h e Supreme Court it shall be proved to t he satisfaction of such J u d g e by affidavit t h a t any person has been duly adjudged an out law in accordance wi th t h e law in force for t h e t ime being in any Aus t r a l i an Colony other t h a n N e w South Wales after t he alleged commission by h im in such first-mentioned Colony of any cr ime punishable by the law of t h a t Colony wi th death i t shal l be lawful for such J u d g e if satisfied t h a t such person has been or is t h e n a t large in th i s Colony and will probably resist all a t t e m p t s by

the ordinary legal means to apprehend h i m to issue a B e n c h W a r r a n t

under t h e h a n d and seal of such J u d g e for t he apprehension of such person in order to his be ing remi t ted to t he proper au thor i ty in t h e Colony where such person was so adjudged an out law to be the re dealt wi th in due course of law and such J u d g e m a y the reupon ei ther immedia te ly or at any t ime afterwards before the apprehension or sur render or after any escape from custody of such person order a s u m m o n s to be inserted in t h e Gazette r equ i r ing such person to surren­ der himself on or before a day and at a place specified to be so remi t ted as aforesaid Provided tha t t he J u d g e shall further direct the publica­ t ion of such s u m m o n s a t such places and in such newspapers and general ly in such m a n n e r and form as shall appear to h im to be best calculated to b r i ng such summons to t h e knowledge of t he accused.

And the following section shall stand as section four of the said Act

viz. :—

I V .    If t he person so summoned and whe the r for surrender unde r

t h e second section hereof or for t he purpose of be ing remi t ted unde r t h e th i rd section hereof shall no t surrender himself p u r s u a n t to such summons or shall no t be apprehended or be ing apprehended or hav ing surrendered shall escape so t h a t he shall no t be in custody on the day specified in such summons he shall u p o n proof thereof by affidavit to t h e satisfaction of any J u d g e of t h e Supreme Court and of t h e due publ icat ion of t he summons be deemed out lawed and shall and m a y the reupon be adjudged and declared to be an outlaw 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 t he said Court of Record A n d if after Proclamat ion by t h e Governor wi th t he advice of t he Execu t ive Council of t h e fact of

or more Sydney and one or more count ry newspapers such ou t law shal l

such adjudicat ion shall have been publ ished in t h e Gazette and in one

af terwards be found at la rge a rmed or under c i rcumstances which afford reasonable g round to believe t h a t he is a rmed i t shall be lawful for any of H e r Majes ty ' s subjects whe the r a constable or not a n d wi thou t be ing accountable for us ing of a n y deadly weapon in aid of such apprehension w h e t h e r its use be preceded by a demand to sur render or no t to apprehend or t ake such out law alive or dead.

3 . This A c t shall be t aken to be inc luded unde r t he expression

" Felons Apprehens ion A c t of	1 8 7 9 "	being the short t i t le	of t h e A c t
hereby amended.
No . X I V .