Prisoners' Labour Sentences Act 1884 No 21a (NSW)

No. IV.

An Act to provide for the carrying out of labour outside the walls of Gaols by Prisoners under sentences and for other purposes. [3rd July, 1884.]

WH E R E A S i t is expedient to m a k e provision for t he of any gaol and wi th in t h e precincts of a n y place of de tent ion pro­

work ing

of prisoners unde r sentences to hard labour outside t he Avails

claimed for t he car ry ing out of sentences to impr i sonment w i th ha rd labour hard labour on the roads or publ ic works of the Colony and to pena l servi tude a n d for other purposes Be i t therefore enacted by the

Queen ' s Most Exce l len t Majesty by a n d w i t h t he advice and consent

of t h e Legis la t ive Counci l and Legis la t ive Assembly of N e w South Wales in Pa r l i amen t assembled and by the au thor i ty of the same as fo l lows :—

1. The Comptrol ler -Genera l of Pr isons m a y direct any prisoner sentenced to impr i sonment wi th hard labour or to labour on t h e roads or o ther publ ic works of the Colony or to pena l servitude to be t aken for t h e purpose of labour outside t h e Avails of a n y gaol in which such prisoner m a y be confined A n d m a y direct a n y prisoner sentenced to impr i sonment wi th ha rd labour to be t aken and worked outside the Avails of any bui ld ing wi th in t h e precincts of any place proclaimed by t h e Governor w i th t h e advice of t he Execu t ive Council as a place of

de ten t ion for prisoners.

2. I n any case in which any J u s t i c e or Jus t ices of t he Peace

shal l order or direct any offender to be imprisoned wi th hard labour for any period not exceeding four teen days wi th in a n y watch-house or lock-up such Jus t i ce or Jus t ices may by w a r r a n t unde r his or the i r h a n d direct such labour to be performed outside any such watch-house

or lock-up .

3. Eve ry prisoner employed outside the Avails of a gaol or beyond the precincts of a place of detent ion proclaimed as hereinbefore provided who shall escape or a t t e m p t to escape from t h e custody of a n y person shall be gui l ty of felony a n d m a y be sentenced to penal servi tude for any period not exceeding five years in addit ion to any t e r m of p u n i s h m e n t not t hen ac tual ly served to which he has been sentenced And every offender employed outside a n y watch-house or lock-up pu r suan t to t h e provisions of t h e second section of this A c t who shal l escape or a t t e m p t to escape from t h e custody of any person shall be gui l ty of a misdemeanour and m a y be sentenced to imprison­ m e n t wi th or wi thou t ha rd labour for any t e r m not exceeding six m o n t h s .

au thor i ty shall be on h im) shall be found wi th in one h u n d r e d yards of t he boundar ies of any place of detent ion so proclaimed as aforesaid or shall in any m a n n e r communica te or endeavour to communica te w i th or

4 . Eve ry person lawfully in charge of any prisoner removed

from any gaol unde r t he au thor i ty of this Ac t w ho wilfully or negl igent ly permi ts such prisoner to escape shal l be subject to the l ike pains and penal t ies to which any constable or police officer is now by law l iable for a l ike offence and shal l while in charge of any prisoner so removed have all t he power and privileges by law apper ta in ing to a constable lawfully in charge of a prisoner.

5. If a n y person w i t h o u t lawful au thor i ty ( the proof of which

or loiter near any offender confined or employed in such place or com­ m u n i c a t e w i th any prisoner employed outside t h e walls of a n y gaol he shall he gui l ty of a misdemeanour and he liable to a fine or pena l ty not exceeding twen ty pounds or to impr i sonment w i th or w i thou t ha rd labour for any t e r m not exceeding three calendar m o n t h s or to both a t

t he discretion of t h e Court .

6. The Governor wi th t h e advice of t he Execu t i ve Counci l

m a y b y proc lamat ion to be publ ished in t h e Gazette proclaim any place wi th in l imits to be specified in such proclamat ion to be a place of detent ion for t he purpose of car ry ing out sentences to impr isonment wi th ha rd labour hard labour on the roads or publ ic works of t h e Colony or pena l servi tude a n d by a n y subsequent proclamat ion m a y abolish or a l ter t he l imits of any such place of detent ion A n d every place of detent ion so proclaimed shall for all purposes of t h e law re la t ing to gaols or prisons and to escapes rescue or pr ison-breach be deemed to be a gaol and prison.

7. A n y prisoner unde r any such sentence as aforesaid m a y be t aken temporar i ly by au thor i ty of a wa r r an t u n d e r t h e h a n d of t he Minis ter of Ju s t i ce from any gaol or prison or from any place of detent ion proclaimed under th is A c t to any place in t he Colony for any purpose in aid of t he adminis t ra t ion of jus t ice or o ther purpose which in t h e opinion of t h e Minis ter requires t h a t such temporary removal should in t he ends of jus t ice be authorized.

8. This Ac t m a y be cited as t he " Pr isoners ' L a b o u r Sentences

Act 1884."