Gaols Act 1842 (SA)

No. 4.

-. - - .- S"--= I

ljy His E~ccN~?w?j GEORGE GREY, quire, Governor and Communder-in-

C/&$ oj'Uc.r illqjt.slg7s l'rocince off$"out/t Australia and its fkpandmcies,

a?zd C'-ice-Admiral	the same, h$	a7~d with the advice u r d cor~sent of
the Leg&lutizqe Commril.	1
6

An Act fir the ~egubt ion cf GC&, A i s o n s, and Houses of

C'orrectiorz in SoutSFf. Austrulia.

TIiNhS the laws now in folxe ib England for regulatinw 0 waols Prraml,lc.

~ I I L U U ~ W ~ I 01' wrrectiuu, imci f ir $lie ~Iasiificatioil, governluent,

W"" and instruction of tlic prisoners col~ti~h&i tllarein are i ~ u t applicable

to this L'ro~rincc: Aucl whereas an Act$of tlic Governor and Council

of' Soutl~ A~~s tml ia was p:lssed in the tlz year of' Her Majcsty7s reign, 'h To legalize a new Cur~li~lon a01 for the ~rovince," the record of which was lost by fire ill tll Governor's offices, and it is ~lecessary to make fhrtl~er provision or the regulation of gaols, ~"isons, and houses of corrcctiou i the said Yrovir~ce :tnd its L)ependcncies, and for other purposes

Dcpcndencies

i

'

Ge it therefore Enacted by His ~ x c c $ c n c ~ Gcorge Grey, Esquire, RepenlofActoffourtb Victoria, to legalize a

Governor and Canimxncler-in-Chief 06 Her Majesty's Province of new common gaol for

Soutll Anstr:tli:t find its I)cpendencie$, and Vice-Admiral of the P ~ + ~ c e.

sxnr, by ;md with the advice arld consebt of the Legislative Council

tlsrcof, That f'rom allcl after the y:m&lg of this Act, the before rccited Act sl~all be a i d the same is h&eby repealed, except as to all iriatters done or arising prior to tllc @assing hereof'.

11. And be it further Enacted, That $lie said laws now in force in What ~ h d l bc the

public gaols, prisons,

England for regulating p o l s and hons4 of correction, and for the ,d ~,,,,, ,or-

~lxsaific,ztioii, govermucilt, and instruction of the prisoners coi~fined 'e~ti?n ~ ' t h e Pro~mee.

tbwcin, sllall not be construed to apply%o tllc said I'rovince or its

Dependencies, and that froml@nd after the passing and publication of this Act, all the houses, bu#dingn, enclosures, or places, now used, occupied, and supported by the Government of tlle said Province, as public ,pals, prisons, or llousis of correction, and which are specified in the Schedule to this Act &uexed n~arked A, shall be, and are hereby declared to be respe(itively, the public gaols, prisons, and houses of correction, belon@ng to the said Province of South Australia and its Dependcnci~s respectively, and shall be subject to the several provisions hereinifter inxde, for the regulation, manage- ment, care, and discipline of file same, and of the.prisoners therein respectively confined.

Governor may, by	111. And be	houses, and
Procltarnation, appoint

and houses of

pendencies, and to be from time to time

published in the of the Governor for

the time being of the said Pro~ince, be declared and notificd as such

public gaols, prisons, or house& of correction, shall fro111 i d after the

publication of such notificatioq, be severally duemecl and taken to he the public gaol, prison, or hu$e of correction of the place or district where the same is or sl~all be Gtuated witlhiu the said Prokince or its Dependencies respectively, an& shall be subjcct to the several pro- visions bereillafter made for the rcgulation, mnnagement, care, and discipline of the public gaolg prisons, sud houses of correction belonging to the said Province and its Dcpendencics, and of the prisoners confined within the &me.

Bheriff to h a ~ e control IV. And be it Enacted, That all the said public gaols, prisons, and

of all gaols, &c. and

austady of an p ~ a o n - houses of correction already es@blished or used, and hereby declared

era cordbed therein. to be tbc public gaols, prison4 and houses of correction in the said

Province and its Dependencies, and also all otl~er public gaols, prisons,

or houses of correction, which, 'under the provisions of this Act shall

hereaftcr be notified in mannedaforesaid, to be and to be used as such within the said Province or it8 Dependencies respectively, shall be

and are hereby declared to be, pnder the charge, care, and direction of the Sheriff of South Australb, subject, however, to the control of	the Governor for the time being of the said Province, and that all
prisoners comuiitted for any c m e s, offences, or misconduct, to such public gaols, prisons, and houses of correction respectively, shall be deemed to be in the custody .of the said Sheriff': Provided that

a Viatmia, NO.	15.	nothing in this 4 c t contained shall be construed to repeal or vary
an Act of the Governor and: Council of the fifth year of Her
Majesty's reign, '' To regulate: the Appointment and the Duties of
the Sheriff of the Province of 80~1th Australia."

power Judges h V. And be it declared and Enacted, That the Supreme Court of

~ ~ d, ~ ~ ~ ~ ~, ", ~ ~ South Australia, and the sever3.l Judges thereof, shall have full

o r ~ ~ u s e ofconection, power and authority to order and direct the imprisonment of any

offender (whethcr with or witlldot hard labor), to take effect in any

particular gaol or house of correction wllatever, whether uudcr tlic

control of the Sheriff or any Deputy Sheriff or not.

VI. And be it Enacted, That all g~o!s, prisons, and houses of A f l ~ - h p - c. , ~ h a l l b e govcmed by regula-

correction throughout the said Province shall be governed by such tiony

by the

rules and regulations as shall from time to time be made for the good Goyemor-

mansgemcnt of the same, by the Governor of South Australia for

the time being: Provided always, th& it csh:~ll. be lawful Sor the Proviso a,s t n regula- tions for ~nanagoment

Suprerrie Court, to make all such rules and regulations for the ,fdrhtoraP mnnagement of all such gaols or buildings, as now are, or hereafter shall be appointed, or set apart, or used for the irnprisoiinient of debtors, and to make such rules and regulations for the control of such debtors, therein respectively conlined, as to the said Court . 3.

shall seen1 meet. *

VII. And be it Enacted, That unless where it is otherwise pro- Gaolstobcalsohouses of cvrrcction unless

vided by this ,kt, or the Schedulc annexed tllereto, or where it shall uthGrwise appointed.

be otherwise declared or appointed by tlie Govcmor, under the

authority of this Act, every public gnol shall be, and be takcn for

all purposes, as being equally a house of correction, and also a

prison for debtors, and also that every. house of correction shall be

taken to be a prison.

VIIl. And be it Enacted, That it shall and may be lawful for the Covernormay appuiut Viritlngd~~sticcs: thcir

said Governor to nominate and appoint some fit and proper pcrson, duti,,.,, not to

being a liagistrste of the Province, to be the Visiting Justice of each pourer of Jllilgc~ : to

visit gaols R hon and

gaol, prison, or house. of correction within the said Province, and the how tbcy ~~llli that nothing IlcEcin contained shall bbc taken to abridge or affect the power of any Judge of the Supreme Court to visit and examine any

said Visitin? Justice to remove or displace a id to appoint anotl~er

or others inhis stcad, and every Visiting Justice so appointed slmll

be requirecl to visit such @ol, prison, or house of correction at least

once in every week unless preveutecl by illness or other sufficient

cause, and shall from time to time make such reports to the Colonial

such gaol, house of correction, or prison, at any timc how and wheu

hemay think fit.

IX. Provided also and be it Enacted. That it shall be lawful for Anv Justice mav visit

any and every Justice of the Peace for Qe Province, as often as he g$' gdolers ""' or others re-

may think fit, to enter and examine any gaol, prison, or house of cor- f~9ing admittance, &c.

rection within thc said Province. and m v raoler, turnkev. or other ./ U .,,

person employed in any such gaol, prison, or housi of correction, who shall refuse admittance to any such Justice of the Pcace, or offer to him

any hinderancc or obstruction, shall on conviction of the samc before

any other two Justices, forfeit and pay the sun1 of Ten Pounds.

X. And whereas persons convicted of offences are frequently sen- Persona kprisonea,

tenccd to imprisonment without being sentenced to hard labor, be it h ard labor, may be	but not sentenced to
Enacted, That it shall be lamful for thc Sheriff or Visiting Justice of	set to work by
Sheriff or Visiting

a 9 gaol, prison, or house of correctioa, to order all such persons, J ustice, unless they except have the means of suppo.tingthewelves,

except such prisoners as	enlsclvcs, to be set to some WO&
or labor, the same being	l+ovidcd that no such prisoner

who has the means of xua	himself shall have any claim to
be supplied at the public

separab

of prisoners. XI. And be it Enacted, order to prevent the colitctn~inatios~

arising from the associatio	ners, any prisoner inay be, by order
of the Slieriff or Visiting	parately confined during the whole

or any part of his or hc	ent, and such separate inlprison-
ment shall not be deem	onfinement within the n~eaning
of any Act forbidding	nce of solitary confinement for

more than a limited ti always that no cell shall be

used for the separate confine ent of any prisoner which is not of	such a size, and so ventilated +and lighted, that a prisoner may be 9
confined therein without inj@y to health, and every prisoner so confined shall have the means Fdf taking air and exercise at such times as shall be deemed necehary by the surgeon.

b

Pcnalty on persona

introduoing or at-	XII. And be it Enacted, Tl$t if any person whomsoever shall to which the provisions of this 4 e t shall extend, any spirituous or fer- mented liquor, it shall be lawful$or the gaoler, kcupcr, turnkey, or ally of their assistants, to appreben&, or cause to be apprehcndcd, suell offender, and to take him or lle5before a J uatice of the Peace, who is hereby empowered and rep i red to hear and determine such ofcncc in a summary way, and if the sdd Justice shall lawfully convict such person of such offence, he 8ha1h forthwith commit suck oKe'ender to some common gaol or llouse of cprrection, there to be kept in custody for any time not exceeding t h e e n~onths, without bail or mainyrire;
tempting to introduce	carry, bring, or attempt, or end&wor to carry or bring into auy prison
spirituous orfementcd
liquaw into any priaun.
unless such offender shall imme{iately pay dowu sucll mu of ulolwy r 7
not exceeding: Twenty Pounds, liar lens thau l en I'ounds, as the snid Justice shall impose upon such bffender, to be paid m e nloietv to the informer, and the other moiety the Colonial Trc:~sulrr o r South Australia, for the public uses of the said Proviacc, and in support of
the Governmeut tlrereof. r

Powcr of Visiting

Justices to punish	XIII. And be it Enacted, That the Visiting ,Justice shdl haw following offences :-That is to b y, disobedience of the rules of the prison, assaults by one person 4nfined in such gaol upon auother, where no dangerous wound or M ~ ~ i s e is given, profane cursing and swearing, any indecent behaviofw and any irreverent behaviour at or during Divine Service or praker, all which are hereby declared to be offences under this Act, if comniittcd by any clcscription of prisoners whatsoever, confined wiihin any such @ol, prison, or house of correction, and the snid Visitink Justice shall also heas and deter- mine all coniplaints of idlcncss ;or negligence in work, or wilfd mismanagement of work, which $re also hereby declared to be offences under this Act, if com&itted Isv any prisoner under con- viction for any crime, and if the &rty co;npldned of s l d l he con- victed of any of the offences aforeiiaid, it slu1J1 be lawful for the said
parties oeeuding in	power to hear and determine ill colnylnints touching any of the
prison.

i Visiting

Visiting Justice to sentence such pa to be confined in a solitary

cell on bread and water for any termknot exceeding seven days. 1

XIV. And be it Enacted, That i i case any prisoner under sen- ~; ; ~ k &; ~ ~ ~ ~ -

tence for any crime shall ht: guilty o l repeated ogences against the oiYenocsnotmentioncd not be one, such Justices shdl have power upon oath to inquire into and to deterniine the matter of such complaint and to order the offender on conviction to be punished by close confinement for any term not exceeding one calendar nmptll, or by correction in case of prisoners convicted of felony or sentenced to hard labor.

rules of the prison, or shall be guilty :of any greater offence than in P~~~~~~

hereinbefore n~entioned, upon compkiint tllereof to two or more

XV. And be it Enacted, That if 511~ person shall convey or Punishment for con- w ~ < n g into any prison

cause to be conveyed iirto m y prisoh or house of correction, any kY diSg&, ins&-

mask, visor, or ottler disguise, or any bstrument or arms proper to zit;;;;;;i;of

facilitate the escape of any prisoner, and the same shall deliver or any prisoncr.

cause to be delivered to any pisoncr i~i, such prison, or to any other person therein, for the osc of any such pisoner, without the consent and privity of the Iceeper of suc.l.1 phsorl or house of correction, every such person slrall be deen~cd toyhave delivered such visor or disguse, instrument or ar~ns, with intent to aid and assist such prisoner to escape or attempt to escape,- and if any person shall by any means whatsoever :tic! 2nd assist m y prisoner to escape from any prison or housc of correction, every person so ofl'ending, whether an escape be actually rmde or fiot, shall bc guilty of felony,

and being convicted thereof shall be transported beyond the seas

for any term not exceeding fourteen years.

XVI. And be it Enacted, That whenever it shall appear to the AS to the removal o f priso'n~rs to allow of

Governor for the tiinc being of the sdd Province that it is ncccs- ,, ,,,+

sary that the debtors or o t h r prisoners or ally of them confined in n m t ofp1itiimr or h rnnsequcncc of in-

auy public gaol, prison, or house of corkection within the said Pro- .,,,	vince or its Dependencies, should be mmoved therefrom in order
that the same may be repaired, improved, enlarged, or rebuilt, on account of any contagious or infectin& disease therein, or of the
over-crowded state of sucli gaol, prison, or house of carrcction, or
for any of the purposes of this Act, and due and sufficient notice thereof in writing sl1al1 by order of ths said Governor be given to the Sheriff of the said Province, it s h d be l a d u l for the said Sheriff to remove such debtors and other prisoners or any of them to such other gaol, prison, or house of cgrrection, or other place of confinement within his jurisdiction, as the said Governor shdl ap- point, and consip them to, during the time such gaol, prison, or house of correction shall be repairing, improving, or rebuilding, or during the continuance of such contagious disease on accou~it of which the said prisoners were removed ot during such time as may
be requisite for any purpose of this Act, and when such gaol,
prison, or house of correction shall be wade fit for the reception
and safe keeping of such riebtors and other prisoners, i t shall be

lawful

lawful for the said Sheri	move b ~ c l i thcreto all such prisoners
as shall then be in hi	y; and further, in case any newly-

As the of erected gaol or buildi usly nscd for other purposes shdl,

prisoners in m y place

or district to newly-	by Prodamation as afo	cleelared to he adaptcc1 and directed
to be thenceforth appr	~d used as :S public gaol, prison, or
"°C1aime"P.'	prison for same. Or

house of correction for particular place or district, it shall be

lawful for the said	he day of tlle publication of such
Proclamation, or at 3	reafter to remove all prisoners in

his custody, in such	ict, to such gaol, prison, or house
of correction accordi	cnces of the respective prisoners.

3

AS to the removal of	XVII.	And be it Enacted8 That w l ~ ~ n e v r r	any contwgious disease
prisoners in cases of

cont,i,,, ,, or other emcrgeney shall reider necessary thc iii~~ccdin te renloval of

other enmrgency the prisoxlers or any of t l~emj contiaed in ally gaol, prison, or house

*-here thr ordcr o f the cannot of correction, and that, preqious thereto, it sllnll be impossible tu

P ~ ~ V ~ O U S ~ Y obtained in ohtitin for that purpose the brcler of the Coveruor of tlic said Pro-

seasanable time.

vince for the time being, it s@all and limy bc l a w f ~ ~ l for the Visiting

Justices or the Resident ~hg j s t r a t e of tlio district in wl~icll such

gaol, prison, or house of e$rrcction shall be situate, mid he is

hereby empowered, to issu& an order to the lreepcr of such gml, prison, or house of correcti&~ to remove such prisoliers m- any of them to such other pison 05 placc ot confinement within his juris- diction as shall be syecified$n sucll order: Provided always that every such removal shall be mbject to all such rest~ictiuus as to its duration as are hereby requj$ed and directed in otllcr similar cascs of removal by order of thej said Governor, and that every such order of the Visiting Justide or Residcnt blngistrate, togetliar with the causes thereof shdl be fortllwitli notified to the said Governor and also to the Sberifl.' of the said Province: Provided further that no such renlott~l under this Act shall bc deemed or taken to be an escape, and :that nothing hereill contained shall extend to discharge the She&Y or o t lw ollicer from being ans\oe~-

able for the actual escape of t+y prkioner in his custody. $

AS to the removal of	XVIII.	And be it Enacted;; That it shall he lawful for tlie Sheriff
prisoners from onc

gaol ,l, or to or the Deputy Sheriffs of an$ district or place in the Prosiiux rrs-

hospital if necefisa7. pectively, to remove any p~isdner whatevcr from any gaol under his

or their control respectively, hr in case of illness to my hospital or	or their control respectively tg any otller p 0 1 hein$ also under his
infirmary as occasion shall &em from time to time to require: Provided tlmt no such remoival shall actually take place without the leave of a Judge of the Sbpreme Court on application made to him for that purpose.

Rrcovery and nppii- XIX. And be it Enacted, $hat all fines, forfeitures, and penalties

pend- imposed by this Act or wh+h shall be imposed bv virtuc of any

ties,

'a"onYf &C.

rule to be made in pursuanie thereof, shall on conviction of the offender be levied by distress and sale of the offender's goods sud clrattels, by warrant under tbe llnntl and seal. of' tllc Justicc or Justices before whom such codviction shall be bad, and for want of sufficient distress, such offcndbr shall be coinmitted to the co;lin~on

2 a w01

2 n d or l~o~ i se or corrcctiou for such terra not exceeding six caleiidnr

;nootl~s, as such Justice or Justices shall think proper, and all such

fines, f'irfcitures, and penalties, the applimtion whereof is not herein-

R~cfore l):wticularl? clirected, slid be paid to the Colonial Treasurer For the public us& of the Provincc and support of the Government tlmwf.

S X. And for tlie more easy and speedy coriviction of offenclers: ~ o r ~ n ofcon.iiction.

Ilk it Ilnacted, Tlmt the J ~ ~ s t i c e or Justices Befbre whom m y person h 1 1 1x3 coiivictecl of any ofence against this Act shall and may CWLW the convietioil to be drawn up in the following form of words, Qr in ally other f'om of words, to the mme effect which the case

&d l rtk(jui~e, that is to say:

Ec it rcmernlnered that on the day of

in the year of our Lord 18 A.B. is convicted

X:cfcare nm C. 1). Jnstice of the Peace for the Province of South

: ~ i ~ ~. , t ~. zlia ancl its Dcpcndencies, for that the mid A. B. did (specify t11c ol'iknce and the time and place when,ai~d where tlie same was r.o.i:i;nitte{l as tllc cmw sliall be) and the said A B. is for his said

;~djodped by me, tlie S;&< .l ustiee, to forfeit and pay the sum

l m u d s or to be imprisoned in for the

s p w of (as tlie case may be)

Givcn under my hnid and seal the day and year first above

written.

XXI. Frosicled always a i d be it Enacted, That if any person A P - P ~ ~ ~ w P ~.

Aall think I~imsclf' or lwrsclf aggrieved by any conviction of any

Ji~stice in pnrsunnce of'this Act, sncli person may appeal to the Justices of' the Yeacc at any nearest Generid or Quarter Sessions of

rht? Pence withill the Province, witliin four calendar inoiitlis after

the cause thereof s11:dl have arisen, such i~pprllant first giving or morinq to be given to tlle Justice or Juatices before whom the convictmu s;lli>ll have l ~ e n had, and to the Ckrk of the Peace of the district in wl~icll such conviction shall have been had, at least ten clcnr days' mt iw iu writing of his or her 'Intention to bring such a11p4, i d of the matter thereof, and wi t l h two clays after such

liotice entering illto rccognizaiices before s o w Justice of the Peace

of s~wb district, with two sufficient sureties, conditioned to try such

appeal, and abide the order of and to pay such costs as sliall be

n ~ ~ n r t l r d by the Justices at such sessions; and the Justices at such

sessions, upon due proof of such notice having been given, and of

the eutcring into such reco8nizances as aforesaid respectively,

shall hear aud finally determine the matter of such appeal in a

sumn~ory way, and award such costs to the party appealing, or

appealch npinst (as the case may require), as they the said Jnst~ces

slrall think proper, and the determination of such sessions shall

be find, binding, aud conclusive, to all intents b d purposes.

XXII. And be it Enacted, Tbnt no order made touching any of h.0 eert imri

the imttcrs in this Act contained, nor any coliviction of any offender

, against

against this Act, shall be q~	died for want of form, or be removed or
removable by certiorari, or '	any other writ or process whatsoever,
into 'the Supreme Court of	e Province, and that where any distress
shall be made for any fine, f	'eiture, penalty, or sum of money to be
levied by virtue of this Ac	;he distress itself shall not be deemed
unlawful, nor shall the gwq	mking the same be deemed a trespasser
on account of any defec	or want of form in the summons,
conviction, warrant of di	ress, or other proceedings relating
thereto, nor shall any p<	,y he deemed a trespasser ab initio
on account of any irregulai	y which shall be afterwards done by
the party distraining, but t	party aggrieved by such irregylarit~
shall and may rccover full S	sfaction for the special damage ( ~ f any)
in an action on the case, p1	ided that no plaintiff shall recover in
any action for such irregul;	ty, as aforesaid, if tender of sufficient
amends shall have been ma	by or on behalf of the parties distrain-
ing before such action brot	lt.

As actions against XXIII. And be it Enaci this Act, such person may p !, That if any sldt or action shall be

persons acting in pur-

emcc ofthb ~ ~ t.	prosecuted against any per,	9 for anything done in pursuance of
~d the general issuc, and give the special
matter in evideuce. at anv ti	l to be had thereupon, and show that the
same was done by ktllokty	'this Act, and if a verdict shall pass for
the defendant, or the plainti	shall become nonsuit, or discontinue his
or her action after isstle join	I or if upon demurrer or otherwise, judg-
rnent shall be given against	le plaintiff, the defendant shd1 recover
double costs, and have tlic	c remedy for the sarr~e as any defendant
hath by law in other cases,	~d although a verdict shall be given for
the plaintiff in any such actif	, such plaintiff shall not have costs given
against the defendant, unlcs	he Judge before whom the trial shall be
had, shall certify his szppro	tion of the action and of the verdict
obtained thereupon.
Application of thc	XXIV. And be it Enac used in this Act, or any of	I, That whenever the word Sheriff" is
word Sheriff.	r Act wllerein the duties of Sheriff may
be referred to, the same sh	, in and for any district or place within

the Province where a Depu Sheriff shall be appointed, be taken to

intend and be construed as	pplying to thc ~ c t u t ~ sheriff of and
for those places respective]	so soon as any such officer shall be
appointed for the same.

G. GREY,

Governor of South Australia.

Passed the Legislative Cow l this jfth

day qf October, one th sand ekht

hur~dred and forty-two.

A. M. MUNDY,

Clerk of Council.

f f

9 ;i

SCHEDULE	REFERR~D TO.	7-
A.

Adelaide ...........................	. 2. . ....a.....,	Gaol.
Port Lincoln	Gaol.

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Adelaide : Printed by authority by W, C, Cox, Go~ernment Printer, Victoria-square.