Offenders Arrest Act 1864 (SA)

ANNO VICESIMO SEPTIMO ET VICXSIBIO OCTAVO

VICTORIAE REGINAE.

A. D. 1864.

No. 16.

An Act to make further mzd better pvocisior~ , f i r * the apprehemiolc

of Ofenders escnpiflg into South Australia f,nn2 any of the

Austra$insz Coloszies.

[Assented to, 9th December, 1864.1

HEREAS it is expedient to make better p~ovision for thc a p Prcamblc.

W prehension of offenders escaping into the Province of South Australia from any of the Australian Colonies-Be it there- fore Enacted by the Governor-in-Chief of the Province of South Australia, with the advice and consent of the Legislative Council

and House of Assembly of the said Province, in this present Par-

Justice of the Peace of the said Province, and any such Judge or Justice is required, upon proof, on oath, of the handwriting of any Judge or Justice of the Peace of any of the said Colonies, to endorse his name on such warrant, whereupon the person or persons to whom such warrant may have been originally directed, and all con- stables for the said Province, or any part thereof, may execute such warrant within any part of the said Province, and appre- hend the person or persons named in such warrant, and carry him, her, or them before any Justice or Justices of the Peace for the naid Province. 2. h

liament assembled, as follows:

1. If any person shall be in the said Province who shall be chitrgcd 0" arrested on warranta enders may be

with the commission of any treason, felony, or indictable misde- issued by audgs or

meanors within any of the Australian Colonies, and against whom a ~~~;~~~~ tb

Warrant shall be issued by any Judge or Justice of the Peace of any endorsed by n Judge

of the Australian Colonies, it shall be lawful for any Judge or Or Australia. J""ice O'

132 2 7 O & 228" VICTORIX, No. 16.

Persona apprehended

ma be admitted to 2. I n case the offence named in such warrant be such as if corn-

baifin ~ e d a i n colts. mitted within the said Province would be bailable in lam: and the person or persons arrested not being under sentence, or suspected to be so, be ready to give bail to appear according to the cxigence of the said warrant, the Justice or Justices of the Peace before wlionl such person or persons nmy be brought may take recognizances of the person or persons and the sureties, in duplicate, and forward one of such copies to the Crown Solicitor or other Crown law officer in the Colony from whi& thc said arrant may have issued, and the other copy sllall be transmitted to thc Master or Chicf Clerk of the Supreme Court of the said 13rovincc, there, to be filed as of record; and on receiving from the Court or other tribunal before whom the person bailed shall be bound to appear, a certificate that such person has failed to appear according to the exigence of the bail bond ox recognizance, the Supreme Court of the said Province may cstreat such bail bond or recognizance, in the same manner as a recognizance given for the appearance of any person to take

his trial before the said Supreme Court.

In default of bail the 3. If the person or persons so arrested shall not be bailed, any

person may be sent

back to the place	Justice or Justices of the Peace may deliver such person or persons
from which the	into the custody of thc constable or othcr person who nmy have
warrant issued.	made the arrest, or any other person; and the prisoncr so arrested shall be taken by the most expeditious route to the Colony from whence the warrant issued, there to be dealt with according to law.

Justice may issue	4. It shall be lawful for anv Justice of the Peace: on ~roductjon	d	I
warrant on telegram

or letter.	before him of any telegam or letter stating that a warrant has issued in any of the Australian Colonies against any person charged with any treason, felony, or other indictable offence, \v110 is suspected to be-in the said ~r&ince, and on the written certificate or itatement on oath of any Coinmissioncr, Inspcctur, or other officer of police, that he has reasonablc cause to bclicve that such telegram or letter	has been forwarded by ordcr of any IJolice Magistrate, or Corn	missioner, Inspector, or other. officer of Police in cither of the
said Colonies, to issue a warrant against the person named in such telegram; and, in case any person named therein should be brought before him or any other Justice or Justices of the Peace, whom there is reasonable ground for believing is the person named in such telegram or letter, the Justice or Justices of the Fence before whom any such person may be brought, inay cause such persou to be remanded from time to time to the custody of any gaoler or Peace Officer, for such reasonable period as may seem sufficient to allow of the receipt of the warrant issued in any of the Colonies aforesaid, in the said Province.
Bail may bo taken.	5. The Justice or Justices of the Peace may take bail for the appearance of such person 011 any reinand day bcfore the same, or
any other Justice or Justices of the Peace in the same manner as bail is taken for the appearance of any person charged before a
Justice of the Peace with any offence within the said Province, a d

the

270 & 228" VICTORIB, No. 16.

the recognizance so taken shall be liable to be estreated in the

same manner as in the case of a recognizance given for the

appearance of n, person charged with an offence within the said

P~ovince.

6. The term " Australian Colonies" shall include any Colony or Interpretation o f

Settlement now or hereafter formed in any part of New Holland, Colonies.,.	term " Australian
Tnsmania, New Zealand, or the islands adjacent.

In the name and on behalf of the Queen I hereby assent to

this Act.

D. DALY, Governor.

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Adelaide: Printed by authority, by W, C, Cox,