Public Offences Act 1859 (SA)

ANNO VICESIMO SECUNDO ET VICESIMO TERTIO

No. 2.

An ,4ct fbr conso2idating the Statute L a w it^ force in Sotcth Avstralia

relating to Inclictuble Oflekzces of n public nature.

[Assented to, 1st September, 1859.1

REAS it is expedient to consolidate the Statute Law in Preamble.

WIIE force in the Province of South Australia relating to in- dictable offcnccs of a public nature-BC it thcrcforc Enacted by the Governor-in-Chief of the Province of South Australia, with the advice and consent of the 1,egislativc Council and House of Assembly of the said Province in this present Parliament assembled, as follows:

As to offences against public justice:

1. Whosoever shall corruptly take any money or re~vard, directly Tc~lclllg reward for

hclping to nto1c.n

or indirertly, under pretence or upon account of helping any pcrsorl go,,dr.

to any chattcl, money, valuable security, or other property what- 7 and8 G. 8, c 2%

8, 5s.

soever, which shall by any felony or misdcmearlor have been stolen, taken, obtained, or converted, shall (unless he cause the offender to

be apprehended and brought to trial for the same) bc guilty of'

felony, and being convicted thereof, shall be liable, at the discrcti~n

of thc Court, to be imprisoned for life or for any less term, with or with-

out hard labor, and with or without solitary confinement.

2. Whosoever shall, by color or pretence of process, or, without Cmpounfing a penal actiou without Ieavc

process, upon color or pretence of any matter of offence against any of the court.

penal law, make any composition, or take any money, reward, or 18 E l k c. 5, ~. 4.

promise of reward, fdr himself or to the use of any other, without 66 G. 3, C. 138, 8. 2.

order or consent of the Supreme Court, shall be guilty of a misde-

R meanca.

meanor, and, in addition to any punishment which the Court may award for such misdemeanor, shall for ever be disabled to be plaintiff or informer in any suit or information upon any Statute, popular or penal.

Breach of prison. 3. Whosoever, being committed to or confined in any prison for and being convicted thereof, shall be liable, at the discretion of the Court, to be imprisoned for the term of four years, or for any less term, with or without hard labor, and with or without solitary confinement; and whosoever, being committed to or confined in any prison for any misdemeanor, shall break prison, sllall be guilty of a misderncanor.

I E ~. 2, et. 2.

7 and 8 G. 4, c. 28.	any treason or felony, shall break prison, shall be guilty of felony,
IS. 8, 9.
Aiding a prieoner to

escape.	4. Whosoever shall aid or assist any prisoner to attempt to n~ake
16 G. 2, c. 31, 8. 3.

7 and 8 (3. 4, c. 28,	his escape from the custody of any constz~ble or other officer or
96. 4%.	person who shall then have the lawful charge of such prisoner, whether by virtue of a warrant or otherwise, for any felony or any suspicion thereof, shall be guilty of felony, 2nd being convicted thereof, shall be liable, at the discretion of thc Court, to be im- prisoned fur the term of four years, or for any less term, with or without hard labor, and with or without solitary confinenrent.

C ~ n v e ~ i ~ g d ~ ~ ~ ~ ~ ~

instruments, &C., into 5. Whosoever shall convey or cause to be conveyed into any

prison to enable pi-	prison any mask, vizor, or other disguise, or any instrument or arms,
Boners to escape.

. ~ G. 4, ~. 6 a, ~ ~. 4 3, 4 4.	P roper to facilitate the escape of any prisoner thcrcin lawfully con-	fined, m ~ d the same shall deliver or cause to be delivered to any such prisoner in such prison, or to any other person there for the
use of any such prisoner, without the consent or privity of the
keeper of such prison, shall bc clcerned to have delivered such mask, vizor, or disguise, instrument or arms, with intent to aid and assist such prisoner to escape or attempt to escape; and whosoever shall, by any means whatever, aid and assist any such prisoner to escape or in attempting to escape from any prison (whether an escape be actually made or not), shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be

imprisoned for any term not excecdirlg eight years, and with or

without hard labor; and any offender escaping, breaking prison, or being rescued therefrorn, may be tried, either in the jurisdiction where the offence was committed, or in that where he shall be retaken; and in case of any prosecution for any such escape, attempt to escape, breach of prison, or rescue, either against the offender escaping or attempting to escape, or having broken prison, or having been rescued, or against any other person concerned therein, or aiding, abetting, or assisting the same, a certificate given by the Clerk of Asslze or other Clerk of the Court in which such offender shall have been convicted shall, together with due proof of the identity of the person, be sufficient evidence to the Court and jury of the nature and fact of the conviction, and of the species and period of confinement to which such person was sentenced.

to rescue or set at liberty, any person out of prison who shall be I vict., c. 91,88,1,z. 6. Whosoever shall by force set at liberty or rescue, or attempt F;$pC;3y$p"

committed for or found guilty of murder, or rescue 'or attempt to rescue any person convicted of murder going to execution or during cxecution, shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be imprisoned for life, or for any less term, with or without hard labor, and with or without solitary confinement.

7. \Vhosever s l id, aftcr such execution had, by force rescue or ~ ~ ~ ~ ' ~ ~ $ ~ ~ ~ ~

ztttenlpt to rescue the body of such offender out of the custody of the cution.

Sheriff or his officers, shall be guilty of felony, and being convicted 25 G. 2, c. 37, a. 10.

thereof, shall be imprisoned for the term of four years, or for any

less tenn.

8. Whosnevcr shall, before any Court, Judge, or other person Acknowledgi~lgrecog- nizance, bail, cognovit,

lawfully authorized to take any recogxiizancc or bail, acknowledge &C., in the name of

any recognizance or bail in the name of any other person not privy y$Yie. 66, Bra

or consenting to the same, whether such recognizance or bail in 26.

either case be or be not filed; or whosoever shall in the name of any other person not privy or consenting to the same, acknowledge

any cogriovit actionem, or judgment, or any deed to be enrolled

or registered, shall be guilty of felony, and being convicted thereof, shall bc liable, at the cliscretion of the Court, to be imprisoned for life, or for any less term, with or without hard labor, and with or without solitary confinement.

9. Whosoever, being a Justice of the Peace or other person, shall Justices not to ad- minister oaths, &C.,

knowingly administer or cause or allow to be administered, or receive ,,,,,

or cause or allow to be received, any oath, affidavit, or solemn whereof they have no	jurisdiction by Sta-
affirmation touching. any matter or thing whereof such Justice or other	tute,

person has not jurisdiction or cognizance by some Statute in force 5 and G W. 4, c. 62,

S. 13.

at the time being, shall be guilty of a misdemeanor: Provided that notlling in this section contained shall extend to any oath, affidavit, or fiolemn affirmation before any Justice in any matter or thing

touching the preservation of the peace, or the prosecution, trial, or

punishment of ofinces, or touching any proceedings before either of

the Houses of Parliament or any committee thereof respectively, nor to any oath, affidavit, or affirmation which may be required by the Laws of any Foreign Country to give validity to instruments in writing designed to be used in such Foreign Countries respectively.

10. Whosoever shall be convicted of wilful and corrupt perjury P e r j u r ~ ~ and subor-

nation

or subornation of perjury, shall be liable, at the discretion of the 9 G. 2; c. 25, B, 2,

Court, to be imprisoned for the term of four years, or for any less 1 and 2 V%

c. 106,

tmm, and with or without hard labor; and in all cases in which an oath may lawfully be and shall have been administered to any person, either as a juryman or a witness, or a, deponent, in any proceeding, civil or criminal, in any Court of Law or Equity in the

said Province, or an appointment to any office or employment, or

on any occasion whatever, such person is bound by the oath

administered,

administered, provided the same shall have beerr administered in such form and with such ceremonies as such person may declare to be binding, and every such person, in case of wilful false swearing, may be convicted of the crime of perjury, in the same manner ae if the oath had been administered in the form and with the cere- monies most commonly adopted.

False declaration

instead of oath. l l. Whosoever, being by Law authorized to make an affirmation

6 and 6 W. 4, C. 62,	Or declaration in lieu of an oath, shall wikfuuy, falsely, and corruptly
S. 21.	affirm or declare any matter or thing, which if the same had been sworn in the usual form would have amounted to the crime of wilful and corrupt pe jury, shall be guilty of a misdemeanor, and being convicted thereof, shall, at the discretion of the Court, be imprisoned for the term of four years, or for any less term, with or without hard labor.

Forms of indictment* 12. In every indjctrnent for perjury, or for unlawfully, \vilfully,

for perjwy and like	offences. falsely, fraudulently, deceitfull?, maliciously, or corruptly taking,
S. 20. 14and16Vict.,c.100, making, signing, or subscribing any oath, affirmation, declaration,

affidavit, deposition, bill, answer, notice, certificate, or other writing, it shall be sufficient to set forth the substance of the offence charged upon the defendant, and by what Court or before whom the oath, affirmation, declaration, affidavit, deposition, bill, answer, notice, certificate, or other writing was taken, made, signed, or subscribed, without setting forth the bill, answer, information, indictment, declaration, or any part of any proceeding, either in Law or in Equity, and without setting forth the cornnlission or authority of the Court or person before whom such offence was committed.

Form of indictments

for subornation of	13. In every indictment for subornation of perjury, or for and corrupt perjury, or for inciting, causing, or procuring any person unlawfully, wilfully, falsely, fraudulently, deceitfully, mali- ciously, or corruptly to take, make, sign, or subscribe any oath, affirmation, declaration, affidavit, deposition, bill, answer, notice,
perjury and like	corrupt bargaining or contracting with any person to commit wilful
offences.

certificate, or other writing, i t shal'l bc sufficient, wherever such

perjury or other offence shall haw been actually committed, to allege the offence of the person who actually committed such perjury or other offence in the manner in the last precedin section mentioned,

.ruptly did cause and procure the said person the said offence, in and then to allege that the defendant unlawful y, wilfully, and cor- P

manner and form aforesaid, to do and commit; and wherever such perjury or other offence shall not have been actually committed, it shall be suficient to set forth the subststnce of the offence charged upon the defendant, without setting forth or averring any of the matters or things by the last preceding section rendered unnecessary to be set forth or averred in the case of wilful and corrupt perjury.

Court may order

prosecution. 14. It shall be lawful for the Judges or any Judge of the Supreme

i ~ a n d 1 5 ~ i c t. , G. 100, .&ul't, 0.1' for any Special or Stipendiary Magistrate, or for any

a 19. J~wtices of the Peace, Chairman, or other Judge holding any General or

or Quarter Sessions of the Peace, or for any Commissioner of Bank-

ruptcy or Insolvency, or for any Judge or Deputy Judge of any Local Court or any Court of Record, or for any Justices of the Peace in Special or Petty Sessions, or for any Sheriff or his lawful Deputy,

or other officers of the Suprcme Court before whom any writ of

inquiry or writ of trial from any of the superior Courts shall be executed, in case i t shall appear t; Mm or them that any person has been guilty of' wilftd and corrupt perjury in any evidence given, or in any affidavit, deposition, csaniination, answer, or other proceeding made or taken before him or them, to direct such person to be pro- secuted for such perjury, in case there shall appear to him or them a reasonable cause for such prosecution, and to commit such person so directed to be prosecuted, until the next Session of Oyer and Terminer or Gaol Delivery for the County or other district within which such perjury was committed, unless such person shall enter into a recognizance with one or more sufficient surety or sureties, conditioned for the appearance of such person at such next Session

of Oyer and Terminer or Gaol Delivery, and that he will then surren-

der and take his trial, and not depart thc Court without leave, and to require any person he or they may think fit to enter into a recognizance, conditioned to prosecute or givc evidence against such person so directed to be prosecuted, and to give to the party so bound to prosecute a certificate of the same being directed, which certificate shall be given without any fee or charge, and shall be deemed sufficient proof of such prosecution having been so directed; and upon the production thereof, the costs of such prosecution shall

and are hereby required to be allowed by the Court before which

any person shall be prosecuted or tried in pursuance of such direc- tion, unless such last-nmltioried Caurt shall specially otherwise direct; provided that no such direction or certificate shall be given

in evidence upon any trial to be had against any person q1on any

prosecution so directed.

15. W'hosoe~rer shall steal, or shall for any fraudulent purpose Sterrling rccordsor other legal documents.

take from its place of deposit for the tirrle bcing, or from any person	a. 4, c, 2Q,
having the lawful custody tllcreof, or shall unlawfully and xnnli- ss.

ciously obliterate, irljure, or destroy, any record, writ, return, panel,

process, interrogatory, deposition, affidavit, rule, order, or warrant of attorncy, or any original document whatsoever of or belonging to any Court of Record, or relating to any matter, civil or crmiinal, begun, depending, or terminated in any such Court, or any bill, answer, interrogatory, deposition, affidavit, order, or decrec, or any original document whatsoever of or belonging to any Court of Equity, or relating to any cause or matter begun, depending, or terminated in any such Court, shall be guilty of a misdemeanor, and being convicted thereot, shall bc liable, at the discretion of the Court, to bc imprisoned for the term of four years, or to suffer such other punishment by fine or imprisonment, or by both, as

the Court shall award, such imprisonment to be with or without

hard labor, and with or without solitary confinenient; and i t shall not in any indictment for R U C ~ offencc be necessary to allege that

C the

the article in respect of which the offence is committed is thc gro-

perty of any person, or that the same is of any value.

Falaeco~iesof record,

forging signature of 16, Whosoever belonging to or employed in the Supreme Court,

officers, or forging or any other Court having the custody of records, shall certify any

of the

1 and 2 Vict., c. 94,	writing as a true and authentic copy of a record in the custody of
B. 19.	the said Court, knowing the same to be false in any material part, or
shall counterfeit the signature of any officer of the Court for the purpose of counterfeiting a certified copy of a record, or shall forge or counterfeit the seal of the Supreme Court or such other Court as aforesaid, shall be guilty of felony, and being convicted thereof, shall
be liable, at the discretion of the Court, to be imprisoned for life,
or for any less term.
False certificate of
previous conviction.	17. Whosoever, being a, clerk or oiler officer of any Crirninal Court, or being the deputy of such clerk or officer, shall utter a false certificate of any indictment and conviction for a previous
7 and B G. 4, C. 28,	Court whatsoever, and having the custody of the records of such
ea. 4, 11.
see Act of 1850, No.	felony, or whosoever, other than S U C ~ clerk, officer, or deputy, shall
14.	sign any such certificate ss such clerk, officer, or dcputy, or shall utter any such certificate with a false or counterfeit signature thereto, shall be guilty of felony, and being convicted thereof, shall be liable at the discretion of the Court, to be imprisoned for the term of four years, or for any less term, with or without hard labor, and with 01 without solitary confinement.
Penal9 for forge^ of

certificates, Cc 18. Whosoever shall forge or alter, or shall offer, utter, dispose of,

11 and 12vict:, 78, or put off, knowing the same to be forged or altered, any certificate

S. 6.	of or copy certified by a Chief Justice or Judge, or any certificate of
or copy certified by a clerk of assize or associate or his deputy, or
the clerk of any Local Court, as the case may be, or of any dctes-
mination of any of the Judges in any criminal case reserved for their

Bee Local A C ~,	KO. 3	opinion upon any question of Law, with intent to cause any person
ctf 1849.	to be discharged from custody, 01. otherwise prevent the clue course of Justice, shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding six years, with or without hard labor,

and with or without solitary confinement.

Forgingaedorsjgna- 19, Whosoever shall forge the seal, stamp, or signature of any

ture to certain docu- certificate, official or public document, or document or proceeding

ment~, or tendering

the same in evidence. of any corporation or joint stock or other company, or of any certi-

8 and 9 Viot., c. 113,

B. 4. fied copy of any document, by-law, entry in any register or other book, or other proceeding receivable in evidence of any particular in any Court of Justice, or before any legal tribunal, or either House of Parliament, or any Committee of either Honse, or in any judical proceeding, under any Act of Parliament, passed or to be passed, or shall tender in evidence any such certificate, official or public docu-

ment, or document or proceecling of any corporation or joint stock

or other company, or any certified copy of any document, by-law, entry in any register or other book, or of any other proceeding, with

a

a fdsn or counterfeit seal, stamp, or signature thereto, knowing the

same to be false or counterfeit, whether such seal, stamp, or signature be that of or relating to any corporation or company already estab- lished, or to any corporation or compmy to be hereafter established, or shall forge the signature of any Judge of the Supreme Court attached or appended to any decree, order, certificate, or other judical or official document, or shdl tender in evidence any order, decree, certificate, or other judical or official document with a false or counterfeit signature of any such Judge thereto, knowing the same to bc false or counterfeit, or shall print any copy of any private Act or of the journals of either House of Parliament, which copy shall falsely purport to have been printed by any of the printers to the Government or to either House of Parliament, or shall tender in evidence any such copy, knowing that the same was not printed by the person by whom it so purports to have been printed, shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be imprisoned for the term of four years, or for any less term, and with or without hard labor: Provided that whencver any such document as in this section before men- tioned shall have been received in evidence by virtue of any Act of Parliament, the Court, Judge, Con~missioner, or other person officiating judically who shall have admitted the same shall, on the request of any party against whom the same is so received, be authorized, at its or at his own discretion, to direct that the same shall be impounded and be kept in the custody of some officer of the Court or otber proper person, until further order touching the same shall be given, either by such Court, or the Court to which such officer belonged, or by the persons or person who constituted such Court, or by some one of the said Judges, on application being made for that purpose.

20. Whosoever, being an associate, clerk of assize, clerk of the exacting Clerk of Assize, fees from kc.9

peace, clerk of the Court, or a deputy of any such person, or being prisoners acquitted.

any other officer, shall exact any fee or gratuity from any prisoner i5a:i : ' { i ~ ~ ~ ~, ,	on his entrance or commitment to or discharge from prison, or from	I.
any person who shall be clmrged with or indicted for any felony, or

as an accessory thereto, or with or for any rnisdemeanor, before any

Court of Criminal Jurisdiction, or who on his trial shall be acquitted, or who shall be discharged by Proclamation for want of prosecution, shall be guilty of a misdemeanor, and rendcred incapable of holding his office.

21. Whosoever, being a gaoler, shall exact from any prisoner any E$;;::;gg feen

fee or gratuity for or on account of the entrance, commitment, or 66 G. 3, C, 50,s. 13.

discharge of such prisoner, or shall detain any prisoner in custody for nonpayment of any fee or gratuity, shall be guilty of a misdemsanor, and rendercd incapable of holding his office.

As to offences against the public peace:

Forcible entry.

22. ;N o one from henceforth shall make any entry into any lands, R. 2, et. 8.

and tenements,	whether freehold or copyhold, or holden for term of	see 8 H. 6, o. P.
21 5. 1, 0. l.

years, 31 El., C. 11.

years, or by elegit, or statute merchant or staple, but in case where entry is given by law, and in that case not with strong hand, nor with multitude of people, but only in peaceable and easy manner; and whosoever shall do the contrary shall be guilty of a misdcmeanor: Provided that no restitution upon any indictment of forcil.1~ ontry, or holding with force, be made to any person if the person so indicted has had the occupation or has h e n in quiet possession by the space

of three whole years together next before the day of such indictment

being so found, and his estate therein not ended or determined; which the party indicted may allege for stay of restitution, and restitution to stay until that be tried, if the other will deny or traverse the same; and if the same allegation be tried against the same person so indicted, then the same person so indicted to pay such costs and damages to the other party as shall be assessed by the Judges or Justices before whom the samc shall be tried.

Rioters remaidng 23. If any persons to the number of twelve or more, being un-

after Proclamation

0, l, 2, 5, is. lawfully, riotously, and tumultuously assembled together, to the

1, 2.	1 Vict., c. 91, ss. l, 2. disturbance of the public peace, and being requirecl or commanded	by any Justice of the Peace, or by the Sheriff, or his Under Sheriff,
or by the Mayor, Bailiff, or other Head Officer, or Justice of the Peace of any city or town corporate, where such assembly shall be, by proclamation to be made in the Queen's name, in the form herein- after directed, to disperse themselves, and peaceably to depart to their habitations or to their lawful business, shall, to the number of twelve or more (notwithstanding such proclamation made), unlawfully, riotously, and tumultuously remain or continue together hy the space of one hour aftcr such command or request made by proclamation, then such continuing tcgether to the number of twelve or more, after such command or request made by proclamation, shall be adjudged felony, and every offender therein, being convicted thereof, shall be liable, at the discretion of the Court, to any one of the punishments in the sixth section of this Act mentioned; and the order and form of the proclamation that shall be made by the authority of this Act shall be as follows, that is to say-the Justice of the Peace, or other person authorized by this Act to make the said proclamation, shall,

among the said rioters, or as near to them as he can safely come,

with a loud voice command, or cause to be commanded, silence to be while proclamation is making, and after that shall openly and with loud voice make or cause to be made proclamation in these words,

or like in effect:

"OUR Sovereign Lady the Queen chargeth and commandeth all

persons, being assembled, immediately to disperse themselves, and

peaceably to depart to their habitations, or to their lawful business.

GOD save the QUEEN."

And every such Justice of the Peace, Sheriff, Under Sheriff, Mayor,

Bailiff and other Head Officer aforesaid, within the limits of their respective jurisdictions, are hereby authorized, empowered, and required, on notice or knowledge of any such unlawful, riotous, and tumultuous assembly, to resort to the place wherc'such unlawful,

riotous,

riotous, and tu~nultuous assembly shall be, of persons to the number

of twelve or more, and there to make or cause to be made procla~

mation in manner aforesaid.

24. JThosotwr s h l l wilfully and linowli~g'ly oppose, obstruct, or Rioters v 1, ~ w i n ~ the

inaliing oi i'~$ eA:wa&

in any manncr wilfdly and knowingly let, hi~ldcr, or hurt m y tion;

person that shall begin to proclaim or go to proclaim acccrtiing to

the Proclamation by the last preceding s~ction directed to be mi~rle.

whereby such Procla~natiun shall not he made, slmll be yuilty o i felollj-, and being convicted tllurcof shall be liable, at the discretion of thr: Court, to any one of the punishments in the sixth section of this -Act rncmtimetl: and also all ~crsolls SO being unlawfully, or remaining aftcr the tlrrie ~t might have

riotously, and tuinultuously asseinblrd, to the number of' twelve bc,n ,,,adc?if pre-

or more, as in the last pieceding section mcntioned, to whom Pro- vented. l G. l. , s t. 2, c. b,

clnrnation should or ought to have bccn made if thc same 1 ~ 1 not ,, 5.

been llincl~red as aforesaid, shall likewise, in case they or any of them, to the nnmbcr of twelve or more, shall continue together and not disperse tl~ernselves witllin one hour after such let or hindrance so made, having knowledge of such let or hindrance so rnadc, be guilty of felony, and being convicted thcreof shall be liable, at the cliscretion of th? Court, to any one of the punishments in the sixth section of this Act mentioned.

25. If any seamen, keelmcn, casters, ship carpentei4s, or other persons riotously assembled together to the number of three or more,	Scamcn, kcclmcn, &c.
~iotously l~reventing
ship being loaded.
shall unlawfillly and with force prevent, hinder, or obstruct the	33 G. 3., c. 6 7, s. 1,
loading or unloading, or the sailing or navigating, of any ship, keel, or other vessd, or s l d l unlawfully end with force board any ship, keel, or othcr vessel, with intcnt to prevent, hinder, or obstruct the loading or unloading, or the sailing or navigating of such ship, keel, or other vessel, every such offender shali be guilty of a misdemeanor, and being convicted thereof shall be liable to be imprisoned and kept to hard labor for any term not exceeding twelve months.
26. Whosoever, after being convicted of any offence in the last preceding section mcntioncd, shall afterwards oRend again in like	Oflending a setond
tinre.
33 C;. 3, c. 67, B. 3,
be liable, at the discretion of the Court, to any one of the punish- manner, shall be guilty of felony, and being convicted thereof shall	ments in the fifth section of this Act mentioned: Provided that no
person shall be prosecuted by virtue of either of this or of the last preceding sections for any offence therein mentioned, unless the prosecution bc com~nenccd within orw year after the offence com- mitted.
27. Whosocvcr shall mnliciously publish any defamatory libel shall be g11-ilty of n misd~meanor,	Defamntory libel.
6 and T Vict., c. 96,

and being convicted thcreof shall S. 5.

be liable to fine or imprisonment, or both, as the Court may award,

such inlprisonmcnt not to exceed the term of one year.

28. Whosoever s l d l maliciously publish any defamatory libel, knowing the same to be false, shall be guilty of a misdemeanor, and	tury 1ibt.l linowing it
Publisliing defnma-
t o be fhlse.
6 arid 7 Viut., c. 99

D bein2

being convicted thereof shall 1% liable to be inlprisoned for any term not exceeding two years, :tnd to pay such fiile as the Court shall award,

Plea in 8wh cases. 29. On the trial of any irdict,rnent or infoi~nation for a defamatory

6 and C Vik, c. 96,

B. 6.

libel, the defendant having pleaded such plc& as in this section

mentioned, the truth of the matters charged may be inquired into, but shag not amount to a defence, unless i t was for the public benefit that the said matters charged should be published; and to entitle the defendant to give evidence of the truth of such matters charged as a defence to such indictment or infu~mation, it shall be necessary for the defenclant, in pleading to the said indictment or information, to allege the truth of thc said matters charged in the manner now required in pleading it justification to an actian for defamation, and further to allege that it was for the public benefit that the said matters charged should be published, and the particular fact or facts by rcasou wlicreof it was for the public benefit that the said matters cllarger1 should bc published; to which plea the prosecutor shall be at liberty to rvtdy generally, denying the whole thereof; and if after such plea the defendant shall be con- victed on such indictment or information it sllitll be competent to the Court, in pronouacing sentencc, to consider whether the guilt of the defendant is aggravated or mitigated by the said plca, and by the evidence given to prove or to; disprove the same: Provided that the truth of the matters charged in the alkged libel complained of by such indictment or information shall in no casc be inquired into without such plea of justification: Yrovidecl also, that in addition to such plea it shall be cornpetcnt to the defendant to plead a plea of not guilty: Provided also, that nothing in this section contained shall take away or prejudice any defence under the plca of not guilty which it is now competent to the elefctndxnt to make under such plea to any action or indictment or information for defamatory words or libeL

Proceedings when 30. I t shall bc lawful for any person whu now is or hcreafter shall

stayed. be a defendant in any civil or criminal proceeding commenced or

Vict, a

prosecuted in any manner sower, for or on account or in respect of

the publication by such person or his servant, by or under the

authority of' either House of Parliament, of any report, papcr, votes,

m proceedings of either House of Parliament as such House of Par-

liament shall deem fit or necessary to be published, to bring before the Court in which such proceeding shall have been or shall he so commenced or prosecuted, or before any Judge of the same (if' the

Supreme Court), first giving twenty-four hours' notice of his inten-

tion so to do to the prosecutor or plaintiff in such proceeding, a cer- tificate under the hand of thc President of the Legislative Council for

the time being, or of the Clerk of the Legislative Council, or of the

Speaker of the House of Assembly, or of the Clerk of the same House, stating that the report, paper, votes, or proceedi~igs, as the case may be, in respect whereof such civil or criminal psocceding shall have been commenced or prosecuted, was published by such person, or by

his

his servant or servants, by order or under the authority of the Legis- lative C:ouncil or of the House of Assenlbly, as the case may be, togcthcr with itn affidavit verifying such certificate; and such Court or Judge shall thereupon immediately stay such civil or criminal proceeding, and the same, and evely writ or process issued therein, shall be and shall be deemed and taken to be finally put an end to,

deterrnincd, and superseded by virtue of this Act; and in case of any 3 Viot., c. 9, S. 2.

such proceediug for or on account or in respect of the publication of any copy of such report, paper, votes, or proceedings, it shall be lawful for the defendal%t at any stage of'the proceedings to lay before the Court or Judge such report, paper, votes, or proceedings, and such copy, with an affidavit verifying such report, paper, votcs, or proceedings, and the correctness of such copy; and the Court or Judge shall immediately stay such civil or criminal proceeding, and

the samc, and evcry writ or process issued therein, shall be and shall

be deemed and taken to be finally put an end to, determined, and

superseded by vlrtue BP this Act.

31. lVhcnsoe\er, upon the trial of any indictment or information Evidence.

for tlrc publication of n libcl, under the plea of not guilty, evidence 6 & 7 K c t, c. 96, S. 7

shall have ben given which shall establish a presumptive case of publication against the defendant by the act of any other person by his authority, it shall be competent to such defendant to prove that such publicati~n was rnarle without his authority, consent, or know- ledge, and that the said publicatiun did not arise from want of due care or caution on his part; and in any civil or criminal proceeding	Vict., c.	3.
t o be co~n~nenccd or prosecuted for printing any extract from or abstract of such report, paper, votes, or proceedings, as in the last preceding section mentioned, it shall be lawful to give in evidence under the general issue such report, paper, votes, or proceedings, and to show that such extract or abstract was published bond,fide and without malice; and if such shall be the opinion of the jury, a verdict of riot guilty shall be entered for the defendant.

32. Upon thc trial of any indictment or information for making Verdict.

or publishing a libel where any issne is joined on the plea of not 32 G. 3, c. 60, S. 1.

guilty, the jury may give a general verdict of guilty or not guilty

upon the whole matter put in issue, and shall not be required or directed by the Court or Judge before whom such indictment or in- formation shall be tried to find the dcfbndant guilty, merely on proof of the publication by such defendant of the paper charged to be a libel, and of the sense ascribed to the same in such indictment or information: Provided that nothing in this section contained shall extend or be construed to extend to prevent the jury from finding a special verdict, in their discretion, ns in other criminal cases: Yro- vided also, that on evcry such trial the Court or Judge shall, accord- ing to their or his discretion, give their or his opinion and directions to the jury on the matter in issue, in like manner as in other criminal ccascs

33. In the case of any indictment or information by a private costs in such cases. ProSCCntol. 6 & 7 J%., c W, S. 8.

prosecutor for the publication of any defamatory libel, if judgment shall be given for the defendant, he shall be entitled to recover from the prosecutor the costs sustained by the said defendant by reason of such irdictment or information; and upon a spccinl plea of jnstificn-

Prosecutor only has	tion to such indictment or information, if the issue be fonntl for the
costs ofspecial plea.	prosecutor, he shall be entitled to recover fro111 the def'cndunt tllc costs sustained by the prosecutor by reason of s u l ! i plea, such costs so to be recovered by the def'endant or prosecutor respectively to be taxed by the proper officer of the Court before which the said in- dictment or information is tried,

As to offenders against public trade:

Destroying granaries

&C., or taking grain	34. Whosoever, with intent to prevent or hindcr any corn, meal, any place whatsoever, shall wilfblly and maliciously pull or throw down, or otherwise destroy any storehouse or granary or other place in which corn, meal, flour, malt, or grain shall be then kept, or shall unlawfully enter any such storehouse, granary, or other place, and
therefrom.	flour, malt, or grain from being lawftdly carried or rrrriovcd froin
36 G. 3, C. 9, S. 2.
take ancl carry away ally corn, flour, meal, malt, or grain therefroin,
or shall throw abroad or spoil the same or any part thereof, or shdl unlawfully enter on board any ship, barge, boat, or vesscl, and wil- fully and maliciously take and carry away, cast or throw out thcre- f'rorn, or otherwise spoil or damage, any corn, flour, meal, malt, or grain therein, sl-lall be guilty of felony, and being convictctl thereof shall be imprisoncd for four years, or for any lcss tcnn, with or witllout hard labor, and with or without solitary confinement.

As to offences against public police, morality, and economy:

Bigamy.	35. Whosoever, being marricd, slmll marry any other person during the life of the former hubband or wife, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for the term of four years, or for ally less term, with or without hard labor, and with nr without solitary confine-
9 G. 4, c. 31, S. 22.
Proviso.	ment: Provided that nothing in this section contained shall extend to any person marrying a second time whose husband or wife shall h w e been continually absent from such person for the space of seven

years then last past, and shall not have been known by such person

to be living within that time, or shall extcld to any person who, at the time of such second marriage, shall have bwn divorced from the bond of the first marriage, or to any person whose formel" marriq;c shall have been dcclareci void by the sentence of any Court of corn-

petent jurisdiction.

Gaming.	36. Whosoever shall, by any fraud or urilawful device or ill prac- bearing a p a t in the stakes, wagers, or adwntures, or in betting on the sides or hands of them that do play, or in wagering on the event of any game, sport, pastime, or cxercisc, wiu frdm any other person, to himself or any other, any sum of inoncy or valuable thing, shall
R C D Vlct., c,	tice in playing a t or with cards, dice, tables, or other galii:*, or in
S. 17.
be guilty of a rnisdemeanor, and being convictcd thereof shall be

liable,

'liable, at the discretion of the Co~zrt, to be imprisoned for the term of four years, or for any less term with or without hard labor, and with or without solitary confinement, or to pay such fine as the Court shall award, in addition to or without any such other dis- cretionary punishment as aforesaid.

in the throwing, casting, or firing of any squibs, serpents, rockets, worke. 37. Whosoever shall throw, cast, or fire, or be aiding or assisting Nuisance by fire-

c. 7*

or other fireworks in or into any public street, house, shop, river, : highway, road, or passage, shall be guilty of a misdemeanor. . ?.lo W.

As to offences relating to the buying or selling of offices:

38. Whosoever shall sell, or bargain for the sale of, or receive, Buying or selling offices.

have, or take any money, fee, gratuity, loan of money, reward, or

profit, directly or indirectly, or any promise, agreement, covenant, 49 G. 37 ". =-

contract, bond, or assurance, or shall by any way, device, or means 6 a 6 Ed 6, c. 14

ss. 1, 2.

contract or agree to receive or have any money, fee, gratuity, loan of money, reward, or profit, directly or indirectly, or purchase or bargain for the purchase of, or give or pay any money, fee, gratuity, loan of moncy, reward, or profit, or make or enter into any promise, agrcemcnt, covenant, contract, bond, or assurance to give or pay any money, fke, gratuity, loan of money, reward, or profit, or shall by any way, means, or device, contract or agree to give or pay any money, fee, gratuity, loan of money, reward, or profit, directly or indirectly, for any office, commission, place, or employment in South Australia, specified or described in the next following section of this Act, or for any deputation thereto, or for any part, parcel, or partici- pation of the profits thereof, or for any appointment or nomination thereto or resignation thereof, or for the consent or voice of any person to any such appointment, nomination, or resignation, shall be guilty of a misdemeanor.

39. The offices to which the last preceding section shall apply are What offices.

a11 offices of profit or emolument under the crown within the said 5 gt- 6 d. 6, c. 16,

Province; but this and the last preceding section shall not extvnd	3, a. 126,	S.
to prevent or make void any deputation to any office in any case in which i t is lawful to appoint a deputy, or any agreement, con- tract, bond, or assurance lawfully madc in respect of any allowance, salary, or payment made or agreed to be made by or to such principal or deputy respectively, out of the fees or profits of such office.

40. Whosoever shall receive, have, or take any money, fee, re- Receiving money fer using interest to ob-

ward, or profit, directly or indirectly, or take any promise, agreement, tain ,I,,,

covenant, contract, bond, or assurance, or by any m y, means, or 43 G 3, c. 126, e. 4.

device contract or agree to receive or have any money, fee, gratuity, loan of money, reward, or profit, directly or indirectly, for any inter- est, solicitation, petition, request, recommendation, or negotiation whatever, made or to be made, or pretended to be made, or under any pretence of making or causing or procuring to be made any interest, solicitation, petition, request, recommendation, or negotiation

E in

in or about or in anywise touching, concerning, or relating to any nomination, appointment, or deputation to or resignation of any such office, commission, place, or employment as in the last preceding section mentioned, or under any pretence for using or having used any interest, solicitation, petition, request, recommendation, or nego- tiation in or about any such nomination, appointment, deputation, or resignation, or for obtaining or having obtained the consent or voice of any person to such nomination, appointment, deputation, or resignation; and whosoever shall give or pay, or cause or procure to be given or paid, any money, fee, gratuity, loan of money, reward, or profit, or make, or cause or procure to be made, any promise, agreement, covenant, contract, bond, or assurance, or by any way, means, or device contract or agree or give or pay, or cause or pro- cure to be given or paid, any money, fee, gratuity, loan of money, reward, or profit for any solicitation, petition, request, recommenda- tion, or negotiation whatever, made or to be made that shall in any- wise touch, concern, or relate to any nomination, appointment, or deputation to or resignation of any such office, commission, place, or employment, or for obtaining or having obtained, directly or indi- rectly, the consent or voice of any person to any such nomination, appointment, deputation, or resignation; and whosoever shall, for or in expectation of gain, fee, gratuity, loan of money, reward, or profit, solicit, recommend, or negotiate in any manner for any person in any matter that shall in anywise touch, concern, or relate to any such nomination, appointment, deputation, or resignation, or for the obtaining, directly or indirectly, the consent or voice of any person to any such nomination, appointment, or deputation or resignation, shall be guilty of a misdemeanor.

~eeping or advertis- 41. Whosoever shall open or keep any house, room, offire, or

ing places fur trmsact-

ing pUcb	place for the soliciting, transacting, or negotiating in any manner
49 G. 3, c. 126, S. 5.	whatever any business relating to vacancies in or the sale or pur- chase of, or appointment, nomination, or deputation to, or rcsigna- tion, transfer, or exchange of any offices, commissions, places, or employments whatever in or under any public department, shall be

guilty of a misdemeanor.

,4s to offences against religion:

Disturbing ministers

or congregations aa-

42. Whosoever shall wilfully and of purpose maliciously or con-

~emhled	for religious
worship.

2 & 3 Ed. 6, c. 1, S. 2.	temptuously interrupt any congregation, meeting, or assembly of
1 Nary, Sess. 2, c. 3,	persons assembled for religious worship, or shall in any way disturb,
e. 2, 3.	molest, or misuse any preacher, teacher, or person officiating at

.	1 Eliz., c. 2, S. 9.
62 G. 3, c. 155, S. 12. such congregation, meeting, or assembly, or any person present at 31 G. 3. c. 32. S. 20. any such congregation, meeting, or assembly, shall be guilty of a misdemeanor.

Persons pretending to

witchcraft, &c.

43. Whosoever shall pretend to exercise or use any kind of witch-

craft, sorcery, enchantment, or conjuration, or undertake to tell

2, '3 L '. fortunes, or pretend from his skill or knowledge in any occult or crafty science to discover where or in what manner any goods or

chattels

chattels supposed to have been stolen or lost may be found, shall be

guilty of a misdemeanor.

As to other matters:

meanor under this Act, it shall be lawful for the Court, if it shall cases. 44. In all cases where any person shall be convicted of a misde- ~ ~ p ~ ~ ~ ? ~ ' $ P

think fit, in addition to or in lieu of any of the punishments by this Act authorized, to fine the offender, and to require hini to find sureties for keeping the peace and being of good behaviour, both or either; and in all cases of felonies in this Act mentioned it shall be lawful for the Court, if it shall think- fit, to require the offender to find sureties for keeping the peace, in addition to any of the punish- ments by this Act authorized.

45. Where imprisonment, with or without hard labor, may be " d r d l ~ ~ ~ o r ~ ~ o l i t ~ confinement, aud

awarded for any offence under this Act, the Court may sentence the whipping.

offender to be imprisoned, or to be imprisoned and kept to hard

labor, in any common gaol or labor prison; and where solitary con-

finement may be awarded for any offence under this Act, the Court

may direct the offc~ldcr to bc kept in solitary confinement for any

portion or portions of his imprisonment, or of his imprisonment

with hard labor, not excccding one month at any one time, and

not exceeding three months in any one year; and where any offender,

convicted under any clause of this Act, shall be under the age of

fourteen years, the Court may sentence the offender, if a male, but

not otherwise, to be once, twice, or thrice publicly or privately

whipped.

46. Tliro~ghout this Act, unless there be something in the sub- Interpretation clause.

ject or context repugnant to such construction, every word importing the masculine gender or singular number shall be construed to include the feminine and plural respectively, and vice versd, and bodies politic and corporate as well as individuals.

47, This Act shall commerm and take effect from the passing Commencement of

;hereof. Act.

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Adelaide: Printed by authority, by W. C. Cox, Government