Private Executions Act 1853 No 40a (NSW)

2806 No. 40. 17« VIC. 1853.

J?nvate Executions.

No. XL.

P rivate

E xecdtions. An Act to regulate the Execution of Criminals.

\Ileserved—4:th October, 1853.]

Preamble.	\ \ f HERE AS it is expedient to alter and amend the practice
Y V attending the execution of Criminals Be it enacted l>y llis
Excellency the Governor of New South Wales with the advice and consent of the Legislative Council thereof as follows:—

Execution to bo 1. Whenever judgment of death shall have been passed upon Sheriff Under Sheriff or some Deputy appointed by the Shcrilf shall execute or cause the same to be executed within the walls of tlic Prison of the County City Town or District in which the conviction was had or Avithin the enclosed yard of such Prison.

carried into effect

wYthbhho'’w unf of	person and a day he fixed for the execution of such judgment the
tiie Prison.

Sheriff Officers of the	2. The Sheriff Under Sheriff or Deputy as aforesaid shiill l)c present at such execution together with the Gaoler and proper Officers of the Gaol including the Physician or Surgeon together with all Magistrates Avho shall think fit and such Constables Military G uard and adult Spectators as the said Sheriff Under Sheriff or Deputy as aforesaid may think fit.
Gaol &c. to witness
Execution.
Witnesses to sign	3. All the persons as aforesaid attending such execution shall remain in the said enclosed place until execution shall have been done according to laAV and until the Medical Officer shall sign a certificate in the form A appended to this Act and the said Sheriff' Under Slieritf or Deputy and the said Gaoler Officers of the Gaol and Constables and such other persons present as may think fit shall before their departure from the Gaol subscribe a declaration according to the form marked B appended hereto.
declaration.
Penalty for making
false declaration.	4. Any person who shall subscribe any such certificate or declaration knowing the same to he false or to contain any falsi; statement shall he deemed guilty of felony and being thereof lawfully convicted shall he liable to he transported for any period not exceeding fifteen years or to imprisonment with or without hard labor for any period not exceeding three years.
Complete execution
recorded	5. Every sucli certificate and declaration as aforesaid shall he transmitted by the Sheriff Under Slieritf or Deputy as aforesaid (whichever shall he present at such execution) to the Prothonotary of the Supi’cme Court in Sydney and shall he entered and kejit in liis office as a record of the said Court and shall he published in thi; Government Gazette on two separate occasions.
Court.

SCHEDULE.

A.

l (A. B.) being the Medical Officer of the Gaol of do hereby declare and certify that I have this day witiie.ssed the execution of C. 1). lately convicted and duly sentenced to death at the Court of and 1 further certify that the said C. 1). was in pur.suance of .such sentence “ hanged b}' the neck until hi.s body tvas dead.”

Given under my hand this day of in the

year

B.

1853. 17» VIC. No. 41. 2807

Neui Constitution.

We the umlersignoJ do liereby declare and testify tliat we Imve tins day been present when the extreme penalty of the law was executed on the body of C. D. lately convicted at the

Court held on the day of and duly

sentenced to death and that the said 0. D. was in pursuance of said sentence “ hanged by

the neck until his body was dead.”

Sheriff

Under Sheriff or Deputy Sheriff

Gaoler

T urnkey

Constables

Magistrates

Other Spectators.