Felons Apprehension Act of 1879 No 5a (NSW)
No. IX.
An Act to facilitate the taking or apprehending
of Persons charged with certain felonies
and the punishment of those by whom
they are harboured. [4 th March, 1879.]
| W H E R E A S | Her Majesty 's subjects and for t he purpose of p reven t ing the |
for t he bet ter protect ion of t h e lives and proper ty of
spread of t he cr ime commonly known as " B u s h r a n g i n g " as well as of deter r ing evi l-minded persons from ha rbour ing persons charged on oa th wi th t he commission of m u r d e r robbery wi th a rms accompanied
| by w o u n d i n g and | other capi ta l felonies it is expedient to re-enact and |
| ex tend | the provisions of t h e expired | A c t twen ty -e igh th Victor ia | n u m b e r |
two Be i t therefore enacted by t h e Queen ' s Most Exce l len t Majes ty by and wi th the advice and consent of t h e Legislat ive Council and Legis la t ive Assembly of N e w South W a l e s in Pa r l i amen t assembled and b y t h e au thor i ty of t he same as follows :—
1. This A c t m a y be cited as t he " Felons Apprehens ion A c t of 1879" and its provisions shall be applicable to all crimes commit ted evidence t aken war r an t s issued and informations filed re la t ing to such cr imes as well before as after t h e passing of th is Act .
| calculated to b r i ng such summons to the knowledge of t he accused. |
2. After informat ion on oath made before a Jus t i ce of t he Peace and a w a r r a n t the reupon duly issued charg ing any person there in named or described wi th t h e commission of a felony punishable by law wi th death and after a n information by the At to rney General for such felony filed in the Sepreme Court any J u d g e of the Supreme Cour t u p o n being satisfied by affidavit of these facts and t h a t t h e person charged is a t large and will probably resist all a t t emp t s by t h e ordinary legal means to apprehend h i m m a y for thwith issue a Bench W a r r a n t unde r t h e hand 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 the said information and such J u d g e m a y the reupon ei ther immedia te ly or a t any t ime after wards before t he apprehens ion or surrender or after a n y escape f rom custody of t h e person so charged order a s u m m o n s to be inserted in the Gazette requi r ing such person to surrender himself on or before a day and a t a place specified to abide his t r ia l for t h e 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 publi ca t ion of such summons 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
3. I f upon a n appl icat ion by or on behalf of t h e A t t o r n e y General to any J u d g e of t he Supreme Cour t i t shall be proved to t h e 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 he law in force for t he 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 h e alleged commission by h i m in such first-mentioned Colony of any cr ime punishab le b y t h e law of t h a t Colony wi th death it shall 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 la rge in th is Colony and will probably resist all a t t e m p t s b y t h e ordinary legal means to apprehend h i m to 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 he apprehension of such person in order to his be ing remi t t ed 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 deal t w i th in due course of law and such J u d g e m a y the reupon ei ther immedia te ly or a t any t ime afterwards before t h e apprehension or surrender or after any escape from custody of t h e person so charged order a summons to be inserted in t he Gazette r equ i r ing such person to surrender himself on or before a day and a t a place specified to be so remi t ted as aforesaid Provided t h a t t h e J u d g e shall further direct the publ icat ion of such summons a t such places and in such newspapers and generally in such m a n n e r and form as shall appear to h i m to be best calculated to b r ing such summons to t h e knowledge of t h e accused.
4. I f the person so charged shall no t surrender himself for t r ia l pu r suan t to such s u m m o n s or shall no t be apprehended or be ing appre hended or hav ing surrendered shall escape so t h a t he shal l n o t be in custody on t h e day specified in such summons h e shall upon proof thereof by affidavit to t he satisfaction of any J u d g e of t h e Supreme Court and of t h e due publ ica t ion of t he summons be deemed out lawed a n d shall and may the reupon be adjudged and declared to be an out law accordingly b y such J u d g e by a declaration to t h a t effect u n d e r his h a n d filed in t h e said Cour t of Record A n d if after Proc lamat ion by the Governor w i th the advice of t h e Execu t ive Counci l of t he fact of such adjudicat ion shall have been publ ished in t h e Gazette and in one or more Sydney and one or more count ry newspapers such out law shall af terwards be found a t la rge a rmed or unde r 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 n o t and wi thou t be ing accountable for us ing of any deadly weapon in aid of such apprehen sion whe the r i ts use be preceded by a demand to surrender or n o t to apprehend or t ake such out law alive or dead.
5. The proc lamat ion as publ ished in t he Gazette shall be
evidence of t he person named or described the re in be ing and h a v i n g been duly adjudged an out law for t h e purposes of th is A c t and t h e
J u d g e ' s summons as so publ ished shall in l ike m a n n e r be evidence of
t h e t r u t h of t he several ma t t e r s s ta ted there in . 6. If after such proclamat ion any person shall vo luntar i ly and knowing ly ha rbour conceal or receive or give any aid shel ter or susten ance to such out law or provide h im w i t h firearms or any other weapon or w i t h a m m u n i t i o n or any horse equ ipment or o ther assistance or directly or indirect ly give or cause to be given to h i m or a n y of his accomplices information t e n d i n g or w i th i n t en t to facilitate t h e com mission by h i m of fur ther cr 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 o u t l a w — t h e person so offending shall be gui l ty of felony and be ing thereof convicted shall forfeit all his lands as well as goods and shall be l iable to impr i sonment w i th or wi thou t ha rd labour for such period no t exceeding fifteen years as t h e Cour t shall de te rmine and no al legat ion or proof by t h e pa r ty so offending t h a t he was a t t h e t ime under
compulsion
compulsion shall be deemed a defence unless he shall as soon as possible af terwards have gone before a Jus t i ce of t he Peace or some officer of t h e Police Force and then to t he best of his abil i ty given full informat ion respect ing such out law and m a d e a declarat ion on oath voluntar i ly and fully of t h e facts connected wi th such compulsion.
7. I n any ind ic tmen t unde r t he last preceding section i t shall be sufficient to describe t h e offence in t h e words of t h e said section and to allege t h a t t h e person in respect of w h o m or whose accomplice such offence was commit ted was an out law wi th in t he m e a n i n g of th is A c t wi thou t a l leging by w h a t means or in wha t par t icular m a n n e r t h e person on t r ia l harboured or aided or gave a rms sustenance or information to t he out law or w h a t in par t icu la r was t h e aid sustenance shelter equip
| m e n t information | or o ther m a t t e r in | question. |
8. A n y Jus t i ce or officer of t h e Police Force hav ing reasonable cause to suspect t h a t an ou t law or accused person summoned under t h e provisions of th is A c t is concealed or harboured in or on any dwell ing-house or premises m a y alone or accompanied by any persons ac t ing in his aid and ei ther by day or b y n i g h t demand admission in to and if refused admission m a y b reak and en te r such dwell ing-house or premises and the re in apprehend every person w h o m he shall have reasonable g round for bel ieving to be such out law or accused person a n d m a y the reupon seize all a rms found in or on such house or premises a n d also apprehend all persons found in or about t he same w h o m such Jus t i ce or officer shall have reasonable ground for bel ieving to have concealed ha rboured or otherwise succoured or assisted such ou t l aw or accused person A n d all persons and a rms so apprehended and seized
| shall be for thwith t a k e n before some convenient Ju s t i ce | of | t h e | Peace |
| to be fur ther dealt wi th and disposed of according to law. |
9. I t shall be lawful after any such proclamation as aforesaid for any police officer or constable in t h e pursui t of a n y such out law in t he n a m e of H e r Majesty to demand and t ake and use any horses not be ing in ac tua l employment on t h e road arms saddles forage sustenance equ ipments or a m m u n i t i o n required for t h e purposes of such pursu i t A n d if t h e owner of such proper ty shall no t agree as to t h e amoun t of compensat ion to be made for t he use of such proper ty t h e n the a m o u n t of such compensat ion shall be determined in t h e Dis t r ic t Cour t or Supreme Cour t according to t he a m o u n t claimed in an act ion to be b r o u g h t by t he c la imant against t he Colonial Treasurer or upon an issue agreed to by t h e c la imant and t h e Colonial Treasurer Provided t h a t in al l cases in which any such action shall be b rough t it shall be lawful for
| t he Colonial Treasurer to plead in bar any tender previously m a d e by | h i m or to pay into Cour t such money as he shall t h i n k fit and plead such | |
| ||
| 10. N o conveyance or t ransfer of land or goods by any such out law or accused person after t he issue of a w a r r a n t for his apprehension a n d before his convict ion if he shall be convicted shall be of any effect whatever . |
1 1 . The Proc lamat ion of adjudication of Out lawry contained in
t he Government Gazette of any Colony shall be conclusive evidence for all purposes of t h e adjudicat ion of out lawry of t h e person or persons the re in n a m e d hav ing been duly made and publ ished in accordance wi th t he law of such Colony.
12. No th ing in this A c t contained shall be deemed to abr idge the jur isdict ion now by law reposed in t he Supreme or any Circuit Court or to compel t he surrender of any extra- terr i tor ia l out law to be dealt wi th in t he Colony where he shall have been outlawed if such out law shall have commit ted in th is Colony any cr ime for which he m i g h t have been indic ted and tried in this Colony before t he pass ing of th is Act .
No. X .
0
0
0