Prison at Rottnest (1841) (WA)

WESTERN AUSTRALIA

ANNO QUARTO ET QUINTO

VICTORILE REGLN.ZE

No. 21

An Act to constitute the Island of Rottnest a Legal

Prison. [Assented to 26th November, 1841.

EREAS it has been deemed expedient to provide some place rraansie,

Wwhich such of the aboriginal race as are sentenced to transportationwithin the limits of the Colony of Western Australia, in

or imprisonment, or committed for trial, or in any other manner committed to custody, may be conveniently kept, in order that they may be instructed in useful knowledge, and gradually trained in the habits of civilised life ; and whereas a continued close confinement is prejudicial to their health, as being so uncongenial with their ordinary

D 2

4 & 5 VICTORDE. No. 21

Aborigines

The Island of habits; and whereas the Island of Rottnest appears peculiarly suitable

Rottnest consti- to their detention, inasmuch as a greater degree of personal liberty

tuted a prison

for the purposes may be allowed consistently with their safe custody, on account of the of this Act

isolated situation of that place, and the consequent difficulty of escape therefrom : Be it therefore enacted by His Excellency the Governor of Western Australia, by and with the advice of the Legislative Council thereof, that the Island of Rottnest shall be constituted and is hereby declared to be a gaol or legal place of imprisonment for the purposes and under the provisions of this Act, to which any 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.

The Governor to 2. And be it enacted that it shall be lawful for the Governor, with

establish by pro-

clamation the	the advice of the Executive Council, to appoint the gaoler and other
bounds of the	requisite officers, and from time to time to alter and establish by pro-

prid to son, a n

make rul es and clamation the bounds and extent of the said prison, so as to limit it

regulations for to any portion of the said Island, if at any time it should be deemedthe landing of boatsilsions to pre- expedient so to do, and also to make all necessary rules and regulations of prisonerst - Pe touching the landing of boats at the said Island, and for the due

custody, discipline, health, and comfort of the prisoners.

3. And be it enacted that all such proclamations, rules, and regulations, as aforesaid, shall with all convenient speed be laid by the Governor before the Legislative Council.

enalty for can- 4. And be it enacted that any person who shall be convicted before

ts evening regu-

lations not less	any two Justices of the Peace of having wilfully contravened any such
than £2 nor
exceeding £10	proclamation, rule or regulation, as aforesaid, shall forfeit and pay a
or imprisonment	sum not less than forty shillings, nor exceeding ten pounds, or in
not less than 7
days //or exceed-	default thereof shall be committed to prison for a period not less than
ing 3 months	seven days nor more than three calendar months.
The Governor

may remove any 5. And be it enacted that it shall be lawful for the Governor, with

white or black	the advice of the Executive Council, to direct, that any persons in
prisoners to the
Island if ad-	prison within this Colony, whether of the aboriginal race, or otherwise
visable	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, according to their respective sentences, if under special circumstances, or for any special reasons, it shall be deemed advisable so to do.

Limitations of 6. And be it enacted that all prosecutions for offences against the

prosecutions

provisions of this Act shall be commenced within six calendar months

after the commission of the offence, and not otherwise.

Appropriation 7. And be it enacted that all fines and forfeitures recovered under of fines this Act shall be divided and applied as follows,—that is to say, after

deducting charges of prosecution and sale from the produce thereof, one moiety shall be paid to the Colonial Treasurer, to be applied towards the Government of this Colony in such manner as the Governor, acting with the advice and consent of the Legislative Council, shall by law appoint, and the other moiety to the party or parties informing.

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Aborigines

8. And be it enacted that this Act may be amended or repealed by Act may be

an Act to be passed during the present Session. amended

JOHN HUTT,

GOVERNOR.