Prisoners’ Summary Discharge Act 1843 No 8a (NSW)

No. V.

Prisoners’ Summary All Act to provicle fop tliG summarv discliar^e in certain cases oi Persons iinder Ooininittal for Felony and Misdemeanor. [27th October, 1843.]

Discharge. . ^ ^ ^

—

Preamble.	\ \ 7 IIEllEAS persons are sometimes committed to gaol upon charges
V V of Felony and Misdemeanor against whom Her Majesty’s
Attorney General or other duly appointed prosecuting oliicer declines to file an information and in order to prevent such persons from suffering unnecessary imprisonment it is expedient to provide for their more speedy discharge in such cases Be it therefore enacted by His Excellency the Governor of New South "Wales with the advice and

Persons under com- conseiit of the Legislative Council thereof That it shall be lawful for

misderaemiOT°mâ Majesty’s Attorney General of the said Colony in respect of any

discharged in certain person Or pei’sons now or hereafter imprisoned under such circumstances

warrant on certificate

cases by Judge s grant at any time a certificate under his signature in the form in

from the Attorney

fJeneral

the Schedule A to this Act annexed addressed to the Judges of tlui Supreme Court or any one of them who shall thereupon by warrant under their or his hand in the form of Schedule B to this Act annexed order and direct tin; Sheriff or Gaoler in Avhose custody any such prisoner shall be immediately and without fee or reward to discharg(! the prisoner therein mentioned from imprisonment in respect of the offence mentioned in the same Avarrant and if any such Sheriff or Gaoler shall refuse or neglect so to do he shall for every such offence forfeit and pay to the use of Her Majesty a fine or penalty of fifty pounds to be recovered by action of debt in the name of Her Majesty’s said Attorney General.

or from tlie Crown

2. And be it enacted That Avithin the District of Port Phillip persons under the above recited circumstances shall be discharged on a similar certificate of the CroAvn Prosecutor duly appointed for the said district and a similar warrant under the hand of the Resident Judge of the said district.

Proaeoutor Port

Phillip.

SCHEDULES

1843. 7*̂ VIC. No. C). 1359

Savings Banks.

SCHEDULES REEERRED TO.

'I’o tlieir Honors the Judges of the Supreme Court of New South Wales or any one of them—•

This is to certify that T decline to file any information against E. F. detained in the

custody of G. II. Gaoler of	under the warrant of T. J , Esq. J.P .
upon a charge of

Given under my hand this day of .\.n.

J . II. V.

Attorney t.ieneral

or

Crown Prosecutor.

B .

To A. B. E.sq. (Sheriff) or to C. J). (Keeper of H. M. Gaol at

in the Colony of New South Wales or within the District of Port Phillij)

in the Colony of Now South Wales)—

W n E R E .\s E. F. is detained in your custody uiuler the warrant of I. J . Esq. J . P. upon a

charge of and wdioreas it has been certified to me by J . H. P. E.sq. Her Majesty’.s Attorney General (or Crown Pro.secutor) that he deeline.s to file any information against the said E. F. for the said offence you are therefore hereby authorized and required forthwith to discharge the said E. P. from your custody upon the said warrant.

Given under our (or my) hand this day of .v.li.

h " N } 'Tudge) of the Supreme Court.