Prisoners escaped from other colonies, arrest of (1850) (WA)

WESTERN AUSTRALIA.

ANNO DECIMO QUARTO

V ICTORLE REGINIUI

No. XIII.

An Ordinance to facilitate the apprehension in Western Australia of offenders who may have escaped thereto from any of the neighbouring Colonies of Australasia.

wHEREAS communication between the colony of Western Aus- tralia and the neighbouring colonies of Australasia is likely to

become

14th Viet. No. 13. 1850.

become frequent, by means whereof facilities for the escape to this colony of transported offenders and persons charged with crimes and misdemeanours may be afforded ;—Be it therefore enacted by. His

Excellency the Governor of Western Australia and its Dependencies,

by and with the advice and consent of the Legislative Council

thereof.—

I. THAT from and after the passing of this Ordinance, if any

transported offender or any person or persons against whom a war-

rant shall he issued by any of the Judges of the Supreme Court of

any of the neighbouring colonies of Australasia, or by any Justice of

the Peace for any of the same respectively, for any crime or offence

against the laws in force in any of the said colonies, shall escape. go

into, reside, or be in any place within the colony of Western Austra- lia or its Dependencies, it shall and may be lawful for any Justice or

Justices of the Peace of Western Australia, and such Justice or Jus-

tices is and are hereby required upon proof being made upon oath

of a credible witness of the hand-writing of the Judge, Justice or Justices of any of the aforesaid colonies respectively granting such

warrant, to endorse his or their name or names on such warrant, which shall be a sufficient authority to the person or persons bringing such warrant and to all other persons to whom such warrant was origi-

nally directed, and also to all constables for any part of the colony

of Western Australia or its Dependencies to execute the said warrant

within any part of Western Australia or its Dependencies, and to ap-

prehend and carry such offender or offenders before the Justice or

Justices who endorsed such warrant, or some other Justice or Justices for the Colony of Western Australia.

IL AND be it enacted, that in case the offence be bailable in

law, and such offender or offenders (not being convicts then under

sentence, or suspected to be such) shall be ready and willing to give

bail for his or her appearance according to the exigence of the said

warrant, such Justice or Justices by whom the warrant was endorsed or before whom any such offender or offenders shall be brought, shall

and may proceed with such offender or offenders and take hail for him, her, or them according to the exigency of the said warrant, in

the same manner as the Juage, Justice or Justices who originally

issued the same should or might have done, and such Justice orJus- tices so taking bail as aforesaid shall take the recognizance or bail

bond of the said offender or offenders, and of his or her or their bail

in duplicate, and shall deliver one of such duplicates to the constable

or

1850.             14th Viet. No. 13.

or other officer or officers, or person or persons so apprehending such offender or offenders as aforesaid, who are hereby required to receive the same, and to deliver or cause to be delivered such recognizance or bail bond to her Majesty's Crown Solicitor or Clerk of the Peace or other proper officer for receiving the same in any of the colonies aforesaid respectively, and the said Justice or Justices so taking bail as aforesaid, shall transmit the other of such duplicates to the Clerk of the Peace, or other proper officer for receiving the same, belonging

to the Court of Quarter Sessions of Western Australia, there to be

kept of record ; and it shall and may be lawful for the Court in which any person so bound to appear shall forfeit his or her recognizance or bail bond, to transmit a certificate testifying the forfeiture thereof under seal of the said Court, or under the hand and seal of the Judge of the same, to the proper Officer of the said Court of Quarter Ses- sions; and it shall and may be lawful for the said last mentioned Court to proceed upon such certificate to levy the sum so forfeited in the same manner in which the said Court may proceed upon any recog- nizance or bail bond taken and forfeited within the Colony of West-

ern Australia, and estreated into the said Court: Provided always

that if such offence be not bailable in law, or such offender or offen- ders shall not give bail for his, her, or their appearance according to the exigence of such warrant, the said Justice or Justices before whom such offender or offenders shall be brought shall remand him, her, or them to the custody of the constable or other officer or person who shall have apprehended such offender or offenders, and such consta- ble, officer or other person shall proceed to convey such offender or offenders by the most safe and expeditious mode of conveyance to that part of any of the colonies aforesaid in which the crime was committed, to be there dealt with according to Law.

CHARLES FITZGERALD,

GOVERNOR AND COMMANDER-IN CHIEF.

Passed the Legislative Council, 1

2nd day of December, 1850.f

T. N. YULE,

Clerk of the Council.

Printed by authority of the Government, by E. Stirling, Perth.