Transported Offenders and Suspected Robbers Apprehension Act 1834 No 14a (NSW)

1834. 5’ GUL. IV. No. 9. 545

Tramiiorted Offenders and suspected Bobbers Apprehension.

No. IX.

An Act to facilitate the AjDprehension of trans­	O k f e n d e h s a n d
T ravspokted
SUSPECTED K oKBEKS

ported Felons and Offenders illegally at large	A ppuehension,
and of Persons found with Arms and suspected

to be Eobhers. [oth August, 1834.]

W J IIE llE A S it lias bceii H is M ajesty’s pleasure to appoint the PreamUc.

V V Colony of New South ^Yales as a place to which felons and

otlier olfenders under sentence or order of transportation or banish­ m ent shall be conveyed for the purpose of being there employed on the public Avorks or assigned as servants to private persons for their benefit on Avhich account it has been found necessary to establish efficient rcigulations of police for the control of such transported felons and offenders and to protect H is M ajesty’s free subjects Avithin the said Colony by Iuavs suited to tb(3 actual state and condition thereof And whereas a certain Act of the Governor and Council Avas passed for a lim ited time in the eleventh year of the reign of H is late Majesty K ing George the F ourth intituled “ A n Act to suppress Bobbery and n

iv. No. lo.

Housebreaking and the harbouring o f Bobbers and Housebreakers ” Avhich A ct has been continued by divers enactments of the said Governor and Council and Avill expire on the thirty-first day of A ugust instant and Avhercas the jArovisions of the said recited Act have been found very beneficial in the prevention and suppression of crime and for the protection of the Colonists and it is expedient to

continue the same Avith such modifications as occasion requires I3e it Persons suspected to

tlierefore enacted by H is Excellency the Governor of N cav South

M hles w ith the ad\dce of the Legislative Council thereof That it shall may be apprehended

be laAvful for any constable or other person whatsoeA’cr employed in or free'persoTwhateve'r.

belonging to the poHce of the said Colony or for any free person what­

ever having reasonable cause to susjiect any person to be a transported

felon or offender unlaAvfully a t large immediately by himself or Avith

the assistance of other persons and Avithout a w arrant for such purpose

to apprehend or cause to be apprehended every such suspected person

and him to take or cause to be taken before the nearest Justice of the

Peace for examination as hereinafter provided,

2. And be it further enacted That every suspected person who How such ponson

shall be taken before any Justice of the Peace as aforesaid shall be obliged to prove to the reasonable satisfaction of such Justice tha t he is not a felon or offender under sentence of transportation upon Avhich proof he shall be immediately discharged and in default of such proof such Justice of the Peace may cause such person to be detained in safe custody until it be proved as aforesaid Avhethcr lu; be under sentence or free and the proof of being free shall be upon the person alleging

himself to be free ProAuded always th a t every such Justice of the Proviso as to their

Peace may in his discretion cause every such suspected person to be securely removed to Sydney to be there examined and dealt w ith in like manner as aforesaid and every person arrest(3d and taken before a Justice as aforesaid Avho shall be proved to be unlaAvfully at large shall be dealt Avith according to laAV.

3. And be it further enacted That every person Avho shall be Persons found with found on the roads or in any other part of the said Colony Avith fire- sugpTcioL''chcum- arms or otlier Aveapons in his possession under circumstances affording stances may be

a reasonable ground for suspecting tha t such person has committed or “Pi»eiiended.

intends to commit a robbery or felony shall be liable to be apprehended

3 z by

546 No. 9. GUL. IV. 1834.

Transported Offenders and suspected Itohbers Apprehension.

by any constable or other person employed in or belonging to tlio police of the said Colony or by any free person whatever having such reasonable ground for suspicion as aforesaid and taken before the nearest Justice of the Peace to be dealt w ith as hereinbefore is provided w ith respect to persons suspected of being transported felons

' or offenders unlawfully at large and every person who shall be proved to be a transported felon or offender and found with fire-arms or other

How to be dealt with, weapons in liis possession as aforesaid shall be dealt with according to

the A ct of the Governor and Council in such case made and provided and every person who shall be proved to be free and shall not shew to the satisfaction of snch Justice th a t the fire-arms or other weapons found in his possession were intended for a legal or innocent purpose shall be committed upon a charge of misdemeanor and being thereof lawfully convicted before the Supreme Court or any Court of Q uarter Sessions shall be liable to be imprisoned at the discretion of such Court for any time not exceeding three years and in every such case whether previously to committal by the Justice of the Peace or upon tria l before the competent Court the proof th a t such fire-arms or other weapons were intended for a legal or innocent purjiose shall be upon the person in whose possession the same shall have been found.

Persons suspected of	4.	And be it further enacted That it shall be lawful for any
having fire-arms
searched.

concealed may be constable or other person emjiloyed in or belonging to the police of the Colony or for any free person whatever having reasonable cause for suspecting tha t any person may have fire-arms or other weapons concealed about him to search or cause to be searched any sucli suspected person and in case of discovering any such fire-arms or other weapons to take him before the nearest Justice of the Peace to be dealt w ith in all respects as hereinbefore is provided in reference to persons found with fire-arms or other weapons in their possession.

warrants”?* M̂rch* furthci’ cnactod That it shall be lawful for any

dwelling-houses &o. Justicc of the Peacc having credible information th a t any transported

rmfvTcts felon or offender unlawfully at large or any robber or housebreaker is

suspected to be har­

concealed or harboured in any dwelling-house tenem ent or other

boured.

place within or reputed to be w ithin the county or district wherein such Justice shall be or reside to grant a search warrant to any one or more constable or constables to search any one or more of such dwelling- houses tenements or other places which shall be or reputed to be within such county or district and it shall be lawful for any such con­ stable or constables in virtue of such warrant by day and by night to demand admission into all and every such dwelling-houses tenem ents and other places for the purpose of executing the same and in case of refusal or neglect to comply therewith it shall be lawful for such constable or constables to break and enter any such dwelling- house tenement or other place within or reputed to be w ithin such county or district as aforesaid and to apprehend every person whom such constable or constables shall have strong grounds for suspecting to be a transjiorted felon or offender unlawfully at large or a robber or housebreaker and also to seize and detain all fire-arms and other weapons which shall be found in any such house or place wherein any such transported felon or offender unlawfully at large or robber or liousebreaker shall be so found and all goods whatsoever which such constable or constables shall have reasonable ground for suspecting and believing to be stolen and also to apprehend all persons found in or about any such dwelling-house tenement or other place whom such constable or constables shall have good and reasonable grounds for suspecting and believing to have concealed or harboured any such robber or housebreaker and all persons arms and goods so apprehended found and seized as aforesaid shall by such constable or constables bo

forthwith

1834. 6 ̂ GUL. IV. No. 9. 547

Trmisported Offenders and suspected Robbers Apprehension.

fortliwitli taken before such .Tustice of the Peace as aforesaid for

examination and to be further dealt with according to law.

6 . And whereas it is expedient th a t robbers and housebreakers Bobbers and houso-

should be tried and punished as speedily as may be consistent w ith

w ith the ends of justice Ec it further enacted Idiat all persons who punished,

shall be fully committed for the crime of robbery or of entering

and plundering any dwelling-house with arms and violence shall bo

brought to trial as soon as possible and being lawfully convicted

of any such crime and sentenced to sutler death shall be executed

according to law on the day next but two after sentence passed unless

tin; same shall happen to be Sunday and in that case on the Monday

following 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.

7. And for the more effectually enforcing this Law or Ordinance Be it further enacted That all Ilis M ajesty’s subjects shall be liable to execiiUng u'e*̂pro­ per.sons simii ho

be called upon to aid and assist any constable or other person in	hereof,
executiug and enforcing the several provisions thereof And every person who shall l)e so called upon to aid and assist and shall refuse or neglect so to do shall be liable to a fine not exceeding five pounds I’enaity.
to be recovered and levied in a summary m anner before any Justicc of the Peace over and above any other punishment to which such person shall be liable by law.

8. And be it further enacted That if any action or suit shall indemnifymg

be brought against any Justice of the Peace constable or other person thin*aon°’ in

or persons for any act or thing during the continuance of this Act furtiieranoo of the

done in furtherance of the objects or in pursuance of the provisions

’

of this Law or Ordinance the defendant or defendants in every such action or suit may plead the general issue and give this Act and the special m atter 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 in any such action or suit shall be nonsuited or discontinue his her or fheir action or suit after the defendant or defendants shall have a])pcarcd or if upon dennurrer judgm ent shall be given against the plaintiff or plaintiffs the defendant or defendants shall have treble costs and shall have the like remedy for the same as any other defendant or dofendants hath or have in any other case to recover costs by law.

9. And be it further enacted That this Law or Ordinance shall Commencement and

commence and take effect from and after the said thirty-first day of Angusi, one thousand eight hundred and thirty-four and continue in force for two years.

No. X.