Robbers and Housebreakers Act 1830 No 11a (NSW)

1830. i r GEO. IV. No. 10. 223

Robbers and Housebreakers.

No. X.

All Act to suppress Robbery and Housebreaking

and the harbouring of Robbers and House-	—
breakers. [21s^ Ajml, 1830.]

\ \ I HEREAS the crimes of Robbery and Housebreaking have Preamble.

V V increased to an alarming degree and it is become necessary to

restrain the same as much as possilile by temporary provision suited

to the emergency of the occasion Be it therefore enacted That it shall Persons suspected to

be lawiui lov any person wliatsoovcr having reasonable cause to unlawfully at large

suspect and believe any other person to be a transported felon bo apprehended

unlawfully at large immediately l)y liimself or with the assistance of

otiicr persons and without a warrant for sucli purpose to apprehend or

cause to be apprehended every such suspected person and him to take or

cause to be taken before any Justice of the Peace of the Colony for

examination as liereinaftor provided.

2. And be it further enacted That every suspected person wlio and detained until

shall be taken licfore any Justice of the Peace as aforesaid shall be obliged to prove to the reasonable satisfaction of such Jtisticc that be is not a felon under senteiice of transportation and in default of such proof such Justice of the Peace may cause such person to be detained in safe custody until it can be proved whether be is a transported felon or free and in every such case the proof of l)eing free sliall 1>e upon the person alleging himself to be free Provided always that every Proviso for sending

such Justice of the Peace may in liis discretion cause every such ney\rbrexamiS'

suspected person to be; securely removed to Sydney to be there

examined and dealt with in like manner as aforesaid.

J. And be it further enacted That every person whatsoever P̂ sons found with

Avlbo shall be found on the roads or in any other part of the said Colony preiTeudcd̂ ̂

with fire-arms or other instruments of a violent nature in bis posses­

sion under circumstances affording a reasonable ground for suspecting

that suclt person may be or intend to be a robber every such suspected

person shall be liable to be apprelicnded and taken before a J ustice

of the Peace in like manner and l)e dealt with in all respects as

hereinbefore is provided in reference to persons suspected of being

transported felons unlawfully at large; and in every such case the proof

that such fire-arms or other instruments of a violent nature Avere not

intended for an illegal purpose shall bo upon the person in whose

possession the same shall be found as aforesaid.

4. And be it further enacted That it shall be laAvful for any P*’ »«spected of 1 - IT rt i. ing tliem concealed

other person may liaA'e any fire-arms or other instrument of a deadly

nature concealed about' his person to search or cause to be searched

every such suspected person and in ease of discovering any such fire­

arms or other instrument of a violent nature to apprehend or cause to

be appr(;liended such person and to take him before any Justice of the

person having reasonable cause lor suspecting and believing that any may be searched, reference to persons found with fire-arms or other weapons in their possession.

5. And be it further enacted That it shall he lawful for any

Justice of the Peace having credible information that any robbers search iiou.ses wUero

or housebreakers are harboured in the county or district Avherein

such 3 ustice of the Peace shall he or reside to grant a general

search Avarrant to any one or more Constables to search any dwelling-

house or tenement or other place Avithin or reputed to he within such county or district and it sliall be lawful for any such Constable or

■■ Constables

224 No. 10. 11̂ GEO. IV. 1830.

Hobhers and Ilouseireakers.

' Constables in virtue of such general warrant to break enter and search by day or by night any dwelling-house tenement or other place within or reputed to be Avithin such county or district and to apprehend or cause to be apprehended every person whom such Constable or Constables

• shall have reasonable cause for suspecting and believing to be a robber or housebreaker and to seize and to secure all fire-arms and other arms or instruments of a violent nature and all goods and chattels which such Constable or Constables shall have reasonable ground for suspecting and believing to Ijc stolen and also to apprehend all persons found in or about any such dwelling-house or tenement or other place and whom such Constable or Constables shall have reasonable grounds for suspecting and believing to harbour and conceal any such robbers and

How persons and houscbreakcrs as aforesaid and all persons arms goods and chattels so

shnt be°deaifwith' fouud seized and apprehended as aforesaid shall lay such Constable or Constables be fortliAvith taken before a Justice of the Peace for examination and to be further dealt Avith according to law.

Robbers and house­	0. And AAdiereas it is expedient that robbers and housebreakers
breakers shall be

speedily tried and	should be tried and punished as speedily as may be consistent Avith
punished.	the ends of justice Be it therefore further enacted That all persons Avho shall be fully committed for the crime of robbery or of entering and plundering any dAvelling-house Avith arms and A'iolencc shall be brought to trial as soon as possible and being laAApully convicted of any such crime and sentcnccxl to suffer death shall be executed according to laAv on the day next but two after sentence passed unless the same shall happen to be Sunday and in that case on the Monday folloAving and such sentence shall be passed immediately after the conviction of such offender unless the Court or Judge shall see reasonable cause for postponing the same.
Penalty for persons

found with fire-arms 7. And be it further enacted That every person avI io shall l>e

unlawfully in their	found Avith any fire-arms or otlier instrument of a violent nature in
possession.	his possession and shall not proA'e to the satisfaction of such Justice of the Peace as aforesaid that the same A\ns or were not intended to be illegally used as hereinbefore is provided shall be deemed to be guilty of a high misdemeanor and being thereof laAcfully convicted sh a ll be liable at the discretion of the Court to be imprisoned for any time not exceeding three years.
liable to assist in
All persons shall be	8. And for the more effectual enforcing this LaAV or Ordinance be it further enacted That all His Majesty’s subjects shall be liable to be called upon to aid and assist any Constable or other person in executing and enforcing the seAnral proA'isions thereof and every person Avho shall be so called upon to aid and assist and shall refuse or neglect so to do shall be liable to a fine not exceeding Pive Pounds to be recovered and IcAoed in a summary manner befort; any Justice of the Peace over and above any other punishment to which such person shall be liable by law.
executing this law.

Indemnifying per­ 9. And be it further enacted That if any action or suit shall be

sons for any thing	done in furtherancebrought against any Justice of the Peace Constable or other person
of'tL'objecfrhCTeof. or pci’sons for any act or thing since the tenth day of this instant

month of April or at any time during the continuance of this Act done in furtherance of the objects or in pursuance of the provisions of this LaAV or Ordinance the defendant or defendants in every sucli action or suit may plead the general issue and may give this Act and the special matter in evidence at any trial to be had thereupon and if the verdict shall be for the defendant or defendants in any such action or suit or if the plaintiff or plaintiffs be nonsuited or discontinue his her or their action or suit after the defendant or defendants shall have appeared or if upon demurrer judgment shall be given against plaintiff or plaintiffs the defendant or defendants shall have treble costs and

shall

1830. i r GEO. IV. No. 11. 225

Puhlicaus Licensing Acts Consolidation.

sliall have like remedy for the same as any other defendant or defimd-

ants hath or have in any other ease to recover costs hy law.

10.                And bo it fnrtluw enacted That this Law or Ordinance shall Continuance of Act.

continue in force for two years from the passing and publication

thereof. '