Prison at Rottnest (1840) (WA)

EVES "1` ERN AUSTRALIA.

ANNO QUARTO

VICTORIA, REGINA],

No.

An Act to constitute the Island of Rottnest a

Legal Prison.

l'reambl•.

HEREAS it has been deemed expedient to provide some place

Wsuch of the Aboriginal race as are sentenced to transportation or im-within the limits of the Colony of Western Australia, in which

prisonment or committed for trial, or in any other manner committed to custody, may be conveniently kept, in order that they may be in- structed in useful knowledge and gradually trained in the habits of civilized life :---And whereas all the ordinary modes of restraint have been found insufficient to insure their safe keeping in any jail, and a continued close confinement is particularly prejudicial to their health, as being so uncongenial with their ordinary habits; and whereas, the Island of Rottnest appears peculiarly suitable for their detention, in- asmuch as a greater degree of personal liberty may be allowed consistently with their safe custody, on account of the isolated situation of that place, and the consequent difficulty of escape therefrom ;—

I. Be it therefore enacted by the Governor of Western Australia

The Batt

nest Islam' of

constituted a and its Dependencies, by and with the advice and consent of the

Prison for put- Legislative Council thereof, that the Island of Rottnest shall be con-

us of this Ac thet.

Anno nano Viet. Reg., No. 1.

stith ted and is hereby declared to be a jail or legal place of imprisonmentfor the purposes and under the provisions of this Act, to which ally

person so committed as aforesaid, may be sent ; provided always that no person shall be sent to the said Island except by the order or direction of the Governor or other Officer administering the Government of this Colony.

II. And be it further enacted, that it shall be lawful for the The Governor to es- tablish by Proclama-

Governor or Officer administering the Government of the said Colony tiOR the bounds of the

by and with the advice and consent of the Executive Council thereof, Prison.

from time to time to alter and establish by Proclamation the bounds and

extent of the said Prison, so as to limit it to any portion of the said

Island, if at any time it should be deemed expedient so to do, and also And to make rules to make all such precautionary rules and regulations touchin g the places, and regulations for tdoin:reovfenbto boats,

and times, and manner of landing landing of boats the said Island” as may be tee as , elan

thought necessary for the due custody and prevention of the escape of escapeof the Prisoners.

the Prisoners, and any person who shall be convicted before any two

Justices of the Peace of having wilfully contravened any of the orders An e n convicted

or regulations contained in any such Proclamation, issued for any of of /iral)thig socontravened

thepurposes aforesaid, shall forfeit and pay any sum not less than One t fohiefseeit regulations to o

Pound, nor more than Ten Pounds, or in default thereof, shall be com - One Pound, nee-ig•

more

than Ten Pounds, or

mitted to prison for any period not less than seven days, nor more than to be imprisoned not

three calendar months.	less than seven days
nor more than three
months.

III.     And be it further enacted, that it shall be lawful for the pTohieGovi.ano?err to an/.

Governor or Officer administering the Government of this Colony, with point

the advice of the Executive Council thereof, to appoint a Gaoler or it requisite officers,

Superintendent, and any other requisite Officer, for the keeping and reguiaotTmasketroull andmanagement of the said Prison, and also, to make all such rules and re- tmheentenstaondt employ-

gulations as may be considered necessary to ensure the custody, employ- as well as the niTteht

ment, and discipline, as well as the health and comfort of the Prisoners prisoners.and comfort of the

confined therein.

IV.     And be it further enacted, that it shall be lawful for the The Governor may

Governor, with the advice of the Executive Council, to direct, that any remove rItsnoirierwsh ti toe t or

persons in prison -within this Colony, whether of the Aboriginal race, or Island ifadvisable. le

otherwise under sentence of any Court, or of any competent authority, for any offence committed by them, shall be removed from the Prison in which they are confined to the Island of Rottnest aforesaid, there to be Imprisoned for and during the whole or any portion of their respective terms of imprisonment, if under special circumstances, or for any special reasons it shall be deemed advisable so to do.

JOHN HUTT,

GOVERNOR AND COADIANDER-IN-C 1EF.

Passed the Legislative Council

the 2nd day ofJuly, 1840.

WA LK INSHAW COwAN,

Clerk of the Council.