In order that the reader may understand the powers given to those "dressed in a little brief authority", or those who chose to assume it—whether convict constable or free loafer desirous of showing his superiority over a "new chum" in any district then occupied—I subjoin a copy of the "Bushrangers Act", which was passed by the Governor and the Legislative Council in 1830. It runs as follows:–
1. Whereas crimes of robbery and housebreaking have increased to an alarming degree, and it is becoming necessary to restrain the same, as much as possible by temporary provisions, suited to the emergency of the occasion. Be it therefore enacted that it shall be lawful for any person whatsoever, having reasonable cause to suspect and believe any other person to be a transported felon, unlawfully at large, immediately himself or with the assistance of other persons, and without a warrant for such purpose, to apprehend, or cause to be apprehended, every such suspected person, and to take him, or cause to be taken, before any Justice of the Peace for the colony for examination as hereinafter provided.
2. Every suspected person taken before a Justice of the Peace shall be obliged to prove, to the reasonable satisfaction of such justice that he is not a felon under sentence of transportation, and in default of such proof such justices may cause such person to be detained in safe custody until he can be proved whether he is a transported felon or free; and in every such case the proof of being free shall be upon the person alleging himself to be free. Provided always that every Justice of the Peace may at his discretion, cause every such suspected person to be securely removed to Sydney to be there examined, and dealt with in like manner as aforesaid.
3. And be it therefore enacted that every person whatsoever who shall be found on the roads or in other parts of the colony, with firearms or other instruments of a violent nature in his possession, under circumstances affording reasonable ground for suspecting that such person may be or intend to be a robber, every such suspected person shall be liable to be apprehended and taken before a Justice of the Peace in like manner and be dealt with in all respects as hereinbefore provided; and in every such case the proof that such firearms or other instruments of a violent nature were not intended for an illegal purpose shall be upon the person in whose possession the same shall be found.
4. And be it therefore enacted that it shall be lawful for any person on having reasonable cause for suspicion and believing that any other person may have any firearms or other instrument of a deadly nature concealed about his person to search or cause to be searched every such suspicious person; and in case of discovering any such firearm or instruments of a deadly nature apprehend or cause to be apprehended any such person and take before any Justice of the Peace to be dealt with...
5. And be it further enacted that it shall be lawful for any Justice of the Peace having credible information that any robbers or housebreakers are harboured in the county or district to grant a general search warrant to any one or more constables to search any dwelling house or tenement or other place within or reputed to be within such county or district; and it shall be lawful for such constable in virtue of such general warrant to break, enter and search, by day or by night, any dwelling place, tenement or other place, and to apprehend every person whom such constable shall have reasonable cause for suspecting and believing to be a robber or housebreaker, and to seize and secure all firearms or other arms or instruments of a violent nature, and all goods and chattels which such constable shall have reasonable grounds for suspecting or believing to be stolen, and also to apprehend all persons found in or about any such dwelling house, etc.; and all whom such constable shall have reasonable grounds for suspecting or believing to harbour or conceal any such robber or housebreaker; and all persons, arms, chattels and goods so found, seized and apprehended shall by such constable be taken before a Justice of the Peace for examination, and to be further dealt with according to law.
6. And whereas it is expected that robbers and housebreakers shall be tried and punished as speedily as may be consistent with the ends of justice, be it therefore enacted that all persons who shall be fully committed for the crime of robbing or of entering and plundering any dwelling house, with arms and violence, shall be brought to trial as speedily as possible, and being lawfully convicted and sentenced to suffer death, shall be executed according to law on the day next but two after sentence has been passed; unless the same shall happen to be Sunday, and in that case, on the Monday following; such sentence shall be passed immediately after the conviction of such offender, unless the Court or jury shall see reasonable cause for postponing the same.
7. And be it further enacted that every person who shall be found with firearms or other instruments of a violent nature in his possession, and shall not prove to the satisfaction of such Justice of the Peace that the same was or were not intended to be illegally used, still be guilty of a high misdemeanour, and being lawfully convicted thereof, shall be liable at the discretion of the Court to be imprisoned for any term not exceeding 3 years.
This Act was renewed from time to time, and frequent proclamations were issued offering gratuities to convicts who should assist in apprehending bushrangers. The authorities had good and sufficient reason to know that rogues would, without scruple, "sell" their fellows for the sake of personal gain.
Source: The Bushrangers Act and Its Consequences (1915, March 19). The Farmer and Settler (Sydney, NSW : 1906 - 1955), p. 7.
No comments