Recognizances (Forfeiture) Ordinance amendment (1879) (WA)

WESTERN AUSTRALIA

ANNO QUADRAGESIMO TERTIO

VICTORIIE REGINA

No. 13

An Act to regulate the Forfeiture of Recognisances to keep the Peace and to obtain the Attendance of Prisoners as Witnesses in any Cause or Matter.

[Assented to 2nd September, 1879.

HERHAS provision is made by the 25th Vic., No. 5. for the more speedy levying of forfeited recognisances, but no pro- vision exists for declaring a recognisance to keep the peace or to be of good behaviour to be forfeited ; And whereas also provision is made by 10 Vic., No. 18, whereby the attendance of any prisoner may be obtained as a witness in any case civil or criminal depending in the Supreme Court, but no provision exists whereby such attendance can be enforced before any other court, judge, or justices without the

Preamble

issuing of a writ of habeas corpus : Be it therefore enacted by His

43 VICTORIIE. No. 13

Forfeited Becognisances—Prisoners as Witnesses

Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows :-

1. Where any recognisance to keep the peace or to be of good is & 17 vie.,

behaviour is entered into by any person, as principal or surety, before '30'5.2

any court of sessions of the peace, or before any justice or justices of ,tylp°01,tri.072 e,

the peacit shall be lawful for any such court as aforesaid, upon of obiivb,tion

application made to such court, to declare such recognisance to be p:tcrii;e11;,bSo°oto

forfeited upon proof of a conviction of the party bound by such recog- a°1-nacei

nisance of any offence which is in law a breach of the condition of the to be of ood'e "

same, and upon further proof that a notice inwriting signed by the person 13:11=ffto

the commencement of such sessions, beenpersonally served upon or Maa before

seeking to put such recognisance in force has, seven clear days before before snob

left at the usual place of abode of the party or each of the parties (if forfeited

more than one) who entered into such recognisances, that an application

will be made to the sessions that the said recognisance shall be declared

to be forfeited; and if such recognisance shall be declared forfeited, all such proceedings shall be had thereon as in the case of a recognisance forfeited at such court of sessions ; and all the provisions of the afore- said Ordinance 25 Vic. No. 5, applicable to a recognisance so forfeited at such court shall apply to a recognisance which shall upon such application and proof as hereinbefore mentioned be declared to be forfeited ; and upon notice in writing of such intended application to the said sessions being given to any justice or justices before whom any such recognisance shall have been taken four clear days before the commencement of the said ses s ions, the said justice or justices shall transmit the said recognisance to the Registrar of the Supreme Court, with a certificate that the said recognisance is sent to him by word of such last-mentioned notice having been given as aforesaid.

2. No person committed to prison under any warrant or order Ibid., s. 3

of one Justice of the Peace for or on account of not entering into Limit on deters.

recognisances or finding sureties to keep the peace, or to be of good to`(°L.Ititite=o8

behaviour, shall be detained under such warrant or order for more not "teringinto recog.

than twelve calendar months from the time of such commitment. "isms

3. It shall be lawful for any Judge of the Supreme Court, or Police

Magistrate, in any case where he may see fit to do so, upon application may fla b

by affidavit, to issue a warrant or order under his hand for bringing up any nuit brii;ging

prisoner or person confined in any gaol, prison, or place, under any l',1„',7,17,7o",,Trt°c

of

senten e or under commitment for trial, or otherwise before any court, .ec.

judge, justice, or other judicature, to be examined as a witness in any mid., s.0

cause or matter, civil or criminal, depending or to be inquired of, or

determined in or before such court, judge, justice, or judicature ; and

the person required by any such warrant or order to be so brought

before such court, judge, justice, or other judicature, shall be so brought

under the same care and custody, and be dealt with in like manner in

all respects as a prisoner required by any writ of habeas corpus awarded

by the Supreme Court to be brought before such court to be examined as a

witness in any case or matter depending before such court is now by

law required to be dealt with.

H. ST. GEORGE ORD,

GOVERNOR.