Runaway Convicts Harbouring Act 1825 No 2a (NSW)

No. III.

u.NA 1VAY coMvicTs. All Act toprevGut the harbouring of Runaway

Convicts and tlie encouraging of Convicts

tippling or gaml)ling. [19 /̂a January, 182/5.]

Fic amble. X T T lIE R E A S the harbouring and employing of Runaway Convicts

T T greatly encourage them to abscond from their lawful services

and mislead tlie thoughtless into bad courses of life and the iiar- bourers and employers of such Convicts I'requently become the receivers of stolen goods and conceal dangerous offenders from justice

Now

1825. 5'' GEO. lY. No. 3.

Ilunmcoy Convicts llarhour'ing.

Now tl)oreioi‘C be it entieted by His Exeelleney the Governor of N<nv South AVales with tlio advice of tiie Council that from and after the first day of February next any householder settler or other person in the Colony of New South "Whales or any of its Dependencies harbouring in or about liis or her house lands or otherwise or in any manner fiuppi foi iî irbouring

emi)loyiiig any ])erson illegally at large sliall pay to our Lord ttie King a fine of not less than Five Dollars nor more than Fifty Dollars for every smdi oirenco and a further sum of One Dollar for eaeli and every day he she or they shall so harbour or employ sucli person M'lu'ilior knowing or not knowing him or her to he ilhigally at large and 1 he said line or fines shall be leviable ujion conviction of the said now luvî ibie,

liarhmirer or liarhourers employer or employers by two Justices of the Pi'ace in a summary way upon tlie oath of one witness or other legal proof,

2. Frovided always that If any lionseholder settler or other person who shall he desirous of enijiloying any laborer or oilier servant and of ascertaining whether sueh laborer or other servant is a! large contrary to the legal regulations of the said Colony it shall he lawful Ibr such liouseliolder settler or other person to apply to any Justice of thcFeaee residing witliiii the district where such laborer or .nisficpsiniiyentitiira

otlicr servant is engaged or intended to he employed to eniiuire inti)

the fact whether such laborer or other servant is or is not at large tiicm

contrary to such regulations and sueh Justice of the Peace is hereby

aulborised ami reipiiml upon sneb a])plieation forthwith to cause

every sueh laborer and other siawant to come before him and to nmi Liraiit cor-

eniiuirc into .such fact as aforesaid and if it shall apiiear to tlie satis-

taction ol the saitl Justice oi tlie reacc that such laborer or other rims,

sevvant is not at large contrary to the said regiilalions and sueh

.lusliiie sliall grant a certificate to that effect under his liaud to sueh

househohh'r settler or other person so applying it shall be lawful for

such householder settler or other jierson to onijiloy sueh laborer or

othei- sonant without ineurring or being liable to any fine or lines as

aforesaid.

V). And whereas Convicts in the service of tlie Crown or

assigmal to ])rivatc settlers and other individuals frc<[uently resort to pi'irpo™%f

drinking or gambling houses to the great injury of their masters a n d s * ™ - oath of one ])crson or by any other legal proof before any two Justices of the Peace in a summary way to have hei'n and been received in sueh house as aforesaid for the jmi'pose of drinking or gambling as aforesaid without the leave of his or her overseer master or mistress and ill every such ease as last aforesaid the leave of the master or mistress shall he proved by the owner of the house or it shall he held not to have been given and if tlie said offence of employing or entertaining Com iets as aforesaid shall have been committed on a Sunday or Sundays tlie line or fines to be imposed in conseipienee thereof shall be at the least Ten Dollars and not exceed Fil’ty Dollars.

detriment to public onh'r Noŵ therefore for the prevention llicreof

and in order to compel such Convicts duly to confine tlicmselvcs to

their lawful stations and business he it further enacted that the

oceii])ier or jicrson in possession of every liouse being duly licensed to

sell Alo Beer or Sjuvitiious Diipiors sliall pay to the King a fine not

exceeding Twenty Dollars nor less than Foui' Dollars and the occupier

or ]H‘rson in possession of every liouse not being so licensed shall jiay

to the King a line not exceeding Forty Dollars nor less than Fight

d. And be it further enacted That if any of the said fine or nu’'’ fcvinWo,

fines hercinhofoi’c imposed shall not he ]>aid within tlirce days after such eonvictious as afori'said res])cetively the same may be enforced by any two Justices by attachment and sale of the goods and eifects

of

No. 3. GEO. IV. 1825.

Runaway Convicts llarbouriny.

of the person or persons convicted as aforesaid and in case no such snoods and el feet s sliall be found whereon to levy the said tine or tines then it shall and may be lawful for such Justices before whom sucli convictions as aforesaid shall have taken place to issue their warrant to apprehend the person or jiersons so convicted and to cause sucli person or persons to be imprisoned and if the said Justices shall tliink tit put to bard labor for any time not less than ten days nor moi*e than three calendar months.

Ap]iM)j)i-iation of

such fijlOB,

5. l^mvided that all fines which will he paid or levied under this Act shall he for the local piuposes of the district wherein the same shall he levied and shall he paid and a]ipro]U‘iatcd at the discre­ tion and by the order of the Justices of the Court of Sessions liolden for such district in the rewarding of such persons as shall inform against and prosecute to conviction any olfcndor or offenders against this or any other Act or lau' for the peace order and good government of the said Colony and shall from time to time he duly accounted for to the Governor or Acting Governor of the said Colony and a true account of the apjiropriation of all such fines as aforesaid sliall be published quarterly in the public newspapers,

BIfiRistrafes may

aiispeml execution 6. And be it further enacted That it shall and may he lawful

of seuteiices and	for the Magistrates aforesaid em])on'ered by this Act to exercise a
reseijul thciii.	summary jurisdiction under special circumstances to suspend for ten days execution of any sentence had before them and if in their opinion i\ fraud not to have been detected by ordinary precaution may have been practised on the party receiving such sentence they are liereby directed to rescind the aforesaid sentence hut after ten days shall liaA e expired execution shall he 2)eremptorily had tliereui)on Provided also that if any jierson or jiersons shall feel himself iierself or themsidves aggrieved by any conviction or sentence as aforesaid it shall he lawful for him her or them to appeal to the next Court of General or Quarter
Persons afcgrifivca	Scssions and if U sliall bc mudc to ajipear to the satisfaction ol’ the Justices in the said Sessions that any line or fines imjiosed as aforesaid
fc' iiic; Quaitor	fg or ai‘c gi'icvous it shall be lawful for such Justices of the Sessions
̂	-to mitigate such line or fines to sucli sum or sums as they in flieir discretion may think fit Frovided also that such a])peal shall in no case o^icrate as a stay of the proceedings oi'the Justices of the Peace by whom any such conviction as aforesaid shall have been mad(\
Till; same foniis of

conviction to lie 7. And to prevent inconveniences which often arise in sum­

usoil as are jire- mary proceedings before one or more Justices of the Peace from a

soyii.'iifm tiieCouits of a "cneral form of conviction he it enacted that eveiT com ic­ ' tion to he had under or by viidue of this Act or under any other Act hereafter to he 2>assed in which summary convictions shall be autho­ rised and no particular foina for the record thereof shall he directed shall he dra^vn up in such manner and form as in and by certain rules and reaailations made and [lublished by Ilis Excellency the Governor with the assistance of the Chief Justice of the Suju'cme Court for the conduct and despatch of business in the Quarter Sessions and hearing date the 2(tth day of October now last past is directed and prescribed.

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ANNO