	Title
1	Short Title.
2	Interpretation.
	Part I Maintenance and Government of Prisons
	How Prisons constituted
3	Existing prisons and police-gaols to continue as such.
4	Prisons may be proclaimed.
	Appointment of Officers
5	Appointment of officers of prisons.
6	Tenure of office of officers.
7	Officer of prison on ceasing to hold office to give up possession.
	Discipline in Prisons
8	Regulations as to management of prisons and discipline therein.
9	Regulations as to diet.
10	Female prisoners to be kept separate.
11	As to prisoners confined for non-payment of sums in the nature of debts.
12	As to unconvicted prisoners and certain other prisoners.
13	Division of prisoners.
14	As to prisoners convicted without hard labour.
15	As to prisoners committed for contempt of Court.
16	Hard-labour prisoners may be employed outside the prison.
	Visiting Justices and Inspector
17	Appointment of Visiting Justices.
18	Rules as to Visiting Justices.
19	Visits to prison by any Justice or member of the Legislature.
20	Appointment of Inspector of Prisons.
21	Appointment of Prison Visitors not being Justices.
	Offences in Relation to Prisons
22	Visiting Justices may hear complaints against prisoners.
23	May punish minor prison offences.
24	Proceedings for punishment of aggravated prison offences.
25	Minor prison offences defined.
26	Aggravated prison offences defined.
27	Corporal punishments to be superintended by Gaoler and surgeon.
28	No prisoner to be kept in irons except by order of a Visiting Justice.
29	Use of irons by Gaoler.
30	Offences against prison regulations.
31	Officer admitting spirituous liquors or tobacco into prison.
32	Officer or other person carrying letters into and out of prison.
33	Notice of penalties to be placed outside of prisons.
	Part II Law of Prisons
	General Provisions
34	Dating of sentences of imprisonment.
35	When term of imprisonment expires on Sunday.
36	Inquests on prisoners.
37	Description of prison in writ.
38	Gaolers to have charge of prison.
39	Gaolers liable for escapes to an action of damages, and not of debt.
40	When prisoner to be deemed in legal custody of Gaoler.
41	Gaoler of prison to deliver calendar.
	Removal and Employment of Prisoners
42	Removal of prisoners by Gaoler for trial or punishment.
43	Prisoner may be brought before Court without writ of habeas corpus.
44	Certain prisoners may be removed to any prison to undergo their sentence.
45	Removal of prisoners in other cases by order of Governor.
46	Removal of prisoners to hospital and thence back to prison.
47	Governor may direct removal of prisoners.
48	Punishment of prisoners for misconduct during removal from one prison to another.
49	Removal of prisoner not to be deemed an escape.
	Miscellaneous
50	Offences to be tried summarily.
51	Proof of previous sentence.
	Part III Administration of Convicts’ Property
	Disabilities of Convict as to Property
52	“Convict” defined.
53	When convict shall cease to be subject to this Part of Act.
54	Convict cannot sue for or alienate property, &c.
	Administrators
55	Crown may appoint administrator of any convict’s property.
56	Convict’s property to vest in administrator on appointment.
57	Remuneration of administrator.
58	Powers of administrator.
59	Administrator to pay out of property costs of prosecution and costs of executing this Act.
60	Administrator may pay out of property debts or liabilities of convict.
61	Administrator may make compensation out of property to persons defrauded by criminal acts of convict.
62	Allowances for support of family of convict.
63	Exercise of administrator’s powers.
64	Property to be preserved for convict and to revert to him on his ceasing to be subject to Act.
65	Administrator only liable for what he receives.
66	Costs of any action to be a first charge on property.
	Interim Curators
67	If no administrator, interim curator may be appointed.
68	Procedure before interim curator appointed.
69	Removal of interim curator.
70	Powers of interim curator.
71	Personal property may be sold by interim curator under order of Court.
	General
72	Proceedings by or against interim curator not to abate if administrator appointed.
73	Execution of judgments against convict’s property.
74	Proceedings for an account of administration of property.
75	Administrator, &c., to be accountable to convict when property reverts.
	Schedule Enactments consolidated

An Act to consolidate certain Enactments of the General Assembly relating to Prisons and the Administration of the Property of Convicts.

Be it enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title.

(1.)

The Short Title of this Act is “The Prisons Act, 1908.”

Enactments consolidated.

(2.)

This Act is a consolidation of the enactments mentioned in the Schedule hereto, and with respect to those enactments the following provisions shall apply:—

Savings.

(a.)

All Proclamations, appointments, rules, regulations, Orders in Council, orders, warrants, directions, records, instruments, punishments, and generally all acts of authority which originated under any of the said enactments, and are subsisting or in force on the coming into operation of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated:

Provided that nothing herein shall prejudice or affect the rights or claims, absolute or contingent, of persons appointed under the Acts in force relating to the Civil Service, where such persons are entitled thereto on the coming into operation of this Act.

(b.)

All sentences imposed and in force on the coming into operation of this Act shall be enforced and completed under this Act in like manner as they would have been enforced and completed under the said enactments if this Act had not been passed.

(c.)

All matters and proceedings commenced under any such enactment, and pending or in progress on the coming into operation of this Act, may be continued, completed, and enforced under this Act.

(3.)

This Act is divided into Parts, as follows:—

PART I.—Maintenance and Government of Prisons. (Sections 3 to 33.)

PART II.—Law of Prisons. (Sections 34 to 51.)

PART III.—Administration of Convicts’ Property. (Sections 52 to 75.)

2 Interpretation.

1882, No. 33, sec. 2

In this Act, if not inconsistent with the context,—

“Criminal prisoner” means any prisoner charged with or convicted of a crime:

“Gaoler” means the Gaoler, keeper, or other chief officer of a prison:

“Minister” means the Minister of Justice:

“Police-gaol” means any police-station declared to be a police-goal under the provisions of this Act:

“Prison” includes not only all prisons, houses, buildings, enclosures, and places hereby declared to be or constituted public prisons, but also the airing-grounds, or other grounds or buildings, occupied by prison officers for the use of the prison and contiguous thereto:

“Regulations” means regulations made or in force under this Act.

Part I Maintenance and Government of Prisons

How Prisons constituted

3 Existing prisons and police-gaols to continue as such.

Ibid, sec. 4

(1.)

Every house, building, enclosure, and place which immediately before the coming into operation of this Act was used as or deemed to be a prison or police-gaol respectively shall for all purposes whatsoever be and be deemed to be and to have been duly constituted a prison or police-gaol respectively, and shall continue and be a prison or police-gaol respectively under this Act.

Words “common gaol” or “gaol” to be read as “prison” or “police-gaol.” Ibid, sec. 3

(2.)

In any unrepealed Act or Ordinance, or in any rule, warrant, or other instrument, whether or not the form of the same is prescribed by any such Act or Ordinance, or any rules or regulations made there-under, the words “common gaol” or “gaol” shall for all purposes whatsoever, subject to the provisions of this Act, be read as being the same as the words “prison” or “police-gaol” respectively according to the length of the term of imprisonment to which the person who may be affected by such Act or Ordinance, rule, warrant, or instrument shall have been sentenced or committed.

4 Prisons may be proclaimed.

Ibid, sec. 5

The Governor may from time to time by Proclamation—

(a.)

Declare any house, building, enclosure, or place to be a prison; and from and after the gazetting of such Proclamation, or from any later time specified therein, such house, building, enclosure, or place shall be deemed to be a prison:

Hulks may be declared prisons.

(b.)

Appoint any hulk, ship, or floating prison (hereinafter referred to as “hulk”) to be used as and to be a prison for the reception and safe keeping of prisoners; and may from time to time define the limits and boundaries around such hulk within which no unauthorised person shall come, and the place of embarking and landing prisoners to and from such hulk:

Places for imprisonment of male prisoners

(c.)

Appoint any place in New Zealand at which male offenders under sentence of imprisonment for a term of three years or upwards may be kept; and every place so appointed shall be deemed to be a prison, but only for male offenders under such sentence as aforesaid; but, whether any such place is appointed or not, such male offenders may be kept in any prison:

Police-stations may be declared police-gaols.

(d.)

Declare any police-station to be a police-gaol; and all the provisions of this Act as to prisons shall apply to such police-gaols so far as applicable, save that prisoners whose sentences exceed thirty days’ imprisonment may not be detained therein, except for such period as may elapse before they can be conveyed to a prison:

Unfit prisons may be discontinued.

(e.)

Declare that any prison or police-gaol shall no longer be a prison or police-gaol whenever the same becomes unfit for the purpose, or unnecessary, or for any other reason ought to cease to be a prison or police-gaol; and on the gazetting of such Proclamation, or from and after any later date fixed therein, such prison or police-gaol respectively shall cease to be a prison or police-gaol.

Appointment of Officers

5 Appointment of officers of prisons.

1882, No. 33, sec. 6

(1.)

The Governor, from time to time as occasion requires, shall appoint to every prison a Gaoler, a surgeon (being a medical practitioner duly registered in New Zealand), and such subordinate officers as may be necessary.

(2.)

Any constable may be appointed to be the Gaoler of any police-gaol.

(3.)

To every prison in which females are confined there shall be appointed a matron, and such subordinate female officers as may be necessary.

6 Tenure of office of officers.

Ibid, sec. 7

Every officer of a prison under this Act shall hold his office subject to such of the provisions of the Acts for the time being in force relating to the Civil Service as apply to him, and shall be paid such salary as the Governor directs out of moneys appropriated for the purpose by Parliament.

7 Officer of prison on ceasing to hold office to give up possession.

Ibid, sec. 8

(1.)

Where any officer of a prison is suspended, or removed from or resigns his office, or dies, the officer so suspended, removed, or resigning, and his family and the family of every such deceased officer, shall quit the possession of the house or apartments in which he or they have previously resided by virtue of such office, when required so to do by notice under the hands of two or more of the Visiting Justices.

(2.)

If such officer or family neglect to give such possession for forty-eight hours after such notice as aforesaid is given to him or them, any two Justices, on proof made to them of such suspension, removal, resignation, or death, and of the service of such notice, and of such neglect or refusal to comply therewith, may, by warrant under their hands, direct any constable, within a period therein named, to enter by force, if necessary, into such house or apartment and deliver possession thereof to some person appointed by the Minister to receive such possession.

Discipline in Prisons

8 Regulations as to management of prisons and discipline therein.

1882, No. 33, sec. 9

(1.)

The Governor may from time to time by Proclamation make regulations prescribing—

(a.)

The duties of the officers of prisons;

(b.)

The construction and description of cells for separate confinement or punishment of persons confined in prisons, and the certifying the same as fit for the purpose:

(c.)

The safe custody, the classification, hours of labour, mode of employment, separation, diet, instruction, treatment, and correction of the prisoners confined in prisons:

(d.)

The employment, safe custody, management, and discipline of prisoners under sentence of penal servitude or of imprisonment for a term of three years or upwards:

(e.)

What labour or employment shall be deemed hard labour, and for classifying such labour:

(f.)

The remission of portions of sentences by marks to be earned by the good conduct of the prisoners:

(g.)

Any other purpose or object for which by this Act it is provided regulations, either general or special, may be made:

(h.)

Generally all such regulations as are necessary for the good management and government of such prisons, and the discipline and safe custody of the prisoners therein, and not only while therein, but also while employed at labour beyond the limits of the prison.

May be of universal or local application. Ibid, sec. 10

(2.)

All or any of such regulations may be made to apply generally to all prisons or to any one or more prisons specified in the Proclamation as the Governor thinks fit.

(3.)

No regulations shall be valid which are inconsistent with any provision of this Act.

9 Regulations as to diet.

Ibid, sec. 11

In the making of such regulations as to diet regard shall be had, so far as relates to convicted criminal prisoners, to the nature of the labour required from or performed by such prisoners, so that the allowance of food may be duly apportioned thereto.

10 Female prisoners to be kept separate.

Ibid, sec. 12

In every prison containing female prisoners as well as males, the women shall be imprisoned in separate buildings or separate parts of the same buildings in such manner, so far as practicable, as to prevent their seeing, conversing, or holding any intercourse with the men.

11 As to prisoners confined for non-payment of sums in the nature of debts.

Ibid, sec. 13

Special regulations may be made with respect to the classification and treatment of the following persons, and for separating them altogether from the criminal prisoners:—

(a.)

Persons arrested upon any civil process or held to bail for any debt under any law for the time being in force:

(b.)

Persons imprisoned for non-compliance with the order of any Court to pay a sum of money, or imprisoned in respect of the default of a distress to satisfy a sum of money ordered to be paid by a Court or a Justice:

Provided that such regulations shall be in mitigation and not in increase of the effect of such imprisonment.

12 As to unconvicted prisoners and certain other prisoners.

Ibid, sec. 14

(1.)

In order to mark the difference between the treatment of persons unconvicted of crime and in law presumably innocent (during the period of their detention in prison for safe custody only), and the treatment of prisoners convicted of crime (during the period of their detention in prison for the purpose of punishment), special regulations may be made for the treatment of prisoners confined for safe custody only.

(2.)

Such regulations may provide for all or any of the following matters:—

(a.)

With respect to the retention by any such prisoner of the possession of any books, papers, or documents in his possession at the time of his arrest and which may not be required for evidence against him, and are not reasonably suspected of forming part of property improperly acquired by him, or are not for some special reason required to be taken iron him form the purposes of justice;

(b.)

With respect to communications between any such prisoner, his solicitor, and friends, so as to secure to such prisoner as unrestricted and private communication between him, his solicitor, and his friends "as possible, having regard only to the necessity of preventing any tampering, with evidence and any plans for escape, or other like consideration;

(c.)

With respect to arrangements whereby such prisoners may provide themselves with articles of diet, or may be furnished with a sufficient quantity of wholesome food, and may be protected from being called on to perform any unaccustomed tasks or offices; and

(d.)

Generally regulating the confinement of such prisoners in such manner as to make it as little as possible oppressive, due regard only being had to their safe custody, to the necessity of preserving order and good government in the place in which they are confined, and to the physical and moral well-being of the prisoners themselves.

13 Division of prisoners.

1882, No. 33, sec. 15

(1.)

In every prison the prisoners who are convicted of any offence which prior to the coming into operation of “The Criminal Code Act, 1893,” would have been a misdemeanor, and are punishable by imprisonment for any term not exceeding two years and not sentenced to hard labour, shall be divided into at least two divisions, one of which shall be called the first division.

First division not criminal prisoners.

(2.)

A prisoner of the first division shall not be deemed to be a criminal prisoner within the meaning of this Act.

14 As to prisoners convicted without hard labour.

Ibid, sec. 16

Whenever any person convicted of an offence as mentioned in the last preceding section is sentenced to imprisonment without hard labour, the Court or Judge before whom such person was tried may order, if such Court or Judge thinks fit, that such person shall be treated as a prisoner of the first division.

15 As to prisoners committed for contempt of Court.

Ibid, sec. 17

Any person imprisoned under any rule, order, or attachment for contempt of any Court shall be treated as a prisoner of the first division.

16 Hard-labour prisoners may be employed outside the prison.

Ibid, sec. 18

Any person imprisoned under sentence of penal servitude or of imprisonment with hard labour may be employed at hard labour beyond the precincts of the prison in which he is lodged; and every such person, notwithstanding such employment, shall, as respects the provisions of this Act, be deemed to be within the limits of the prison in which he is lodged.

Visiting Justices and Inspector

17 Appointment of Visiting Justices.

1882, No. 33, sec. 19 1883, No. 6, sec. 3

For each prison in New Zealand the Governor shall from time to time nominate two or more Justices, with their consent, to be Visitors of such prison; and the Justices so appointed, or one or more of them, shall have the powers and duties following:—

Visitation of prisons.

(a.)

To visit and inspect such prison from time to time and examine into the state of the buildings, and consider what alterations or repairs may appear necessary, strict regard being had to the requisitions of this Act with respect to the separation of prisoners and enforcement of hard labour in prisons:

(b.)

To hear any complaint made to them by any prisoner, either privately or otherwise at the discretion of the Visiting Justices, and also to make inquiry and take evidence on oath or otherwise as to the conduct of any prison officer and the treatment and conduct of the prisoners:

(c.)

To examine into the conduct of officers and the treatment and conduct of prisoners, the means of setting prisoners to work, the amount of their earnings, and the expenses attending the prison:

(d.)

To inquire into all abuses or alleged abuses within the prison or in connection therewith, and, within the powers of their, commission as Justices, to take cognisance of matters of pressing necessity, and to regulate the same:

(e.)

To report in writing to the Minister upon such complaint or upon any other matters coming under their notice in respect of the prison visited by them, as often as they think fit, but in any case at least once in each year.

18 Rules as to Visiting Justices.

1882, No. 33, sec. 20

The Governor may from time to time make regulations with respect to the duties of the Visiting Justices, and also for the inspection of prisons by an Inspector to be appointed as hereinafter provided.

19 Visits to prison by any Justice or member of the Legislature.

Ibid, sec. 21

Any Justice usually resident in the place at which a prison is situate, or any member of the Legislature, may, whenever he thinks fit, enter into and examine the condition of such prison and of the prisoners therein, and he may enter any observations he thinks fit to make in reference to the condition of the prison, or abuses therein, in the Visitors’ Book to be kept by the Gaoler; and it shall be the duty of the Gaoler to draw the attention of the Visiting Justices, at their next visit to the prison, to any entries made in the said book:

Provided that such Justice or member of the Legislature shall not be entitled, in pursuance of this section, to visit any prisoner under sentence of death, or to communicate with any prisoner, except in reference to his treatment in prison, or to some complaint that he may make as to such treatment.

20 Appointment of Inspector of Prisons.

Ibid, sec. 22 1883, No. 6, sec. 12

(1.)

The Governor may from time to time appoint an Inspector of Prisons to inspect all prisons.

(2.)

The Inspector shall, by virtue of his appointment, have full power to enter into any prison from time to time, and to examine and inspect the same in accordance with any regulations made as hereinbefore provided, and shall also have and exercise all the powers conferred on Visiting Justices by sections seventeen and twenty-two of this Act.

(3.)

The Inspector shall be paid such salary as is from time to time appropriated by the General Assembly.

21 Appointment of Prison Visitors not being Justices.

1883, No. 6, sec. 13

(1.)

The Governor may from time to time appoint any persons not being Justices to be Visitors of any prison, and at pleasure may remove such Visitors and appoint others in their stead.

(2.)

Such Visitors shall have the powers and duties following:—

(a.)

From time to time to visit such prison and the prisoners therein, due regard being had to the requirements of this Act as to the separation of prisoners and the enforcement of hard labour in prisons:

(b.)

To make inquiry as to the state of the prisoners and the discipline and condition of the prison, but not to give any order or interfere with the administration of the prison:

(c.)

To hear any complaint made to them by any prisoner, whether privately or otherwise at the discretion of the Visitors:

(d.)

To report in writing to the Minister as often as they think fit all or any matter coming under their notice on their visits to such prison.

Offences in Relation to Prisons

22 Visiting Justices may hear complaints against prisoners.

Ibid, sec. 4

The Visiting Justices, or any one of them, shall have power to hear complaints respecting any offences by any prisoner against any regulations or against this Act, and may examine any person touching such offences, on oath or otherwise at their discretion; but every such hearing and examination shall be in the presence and hearing of the prisoner charged with such offence.

23 May punish minor prison offences.

Ibid, sec. 5

(1.)

Where any prisoner is found, on such hearing and examination, to have committed a minor prison offence as hereinafter specified, the Visiting Justice hearing the charge may punish the offender by ordering him—

(a.)

To be kept in close or other confinement, either with or without irons, in a light cell for a time to be specified, but not for a longer time than twenty-four hours; or

(b.)

To be fed upon bread and water only during any time not exceeding three days; or

(c.)

To be removed to a lower class; or

(d.)

To be suspended for a time (without actual removal) from the privileges of his class; or

(e.)

To forfeit, in addition to any such punishment, a number of marks not exceeding such number as under the regulations it is necessary to earn to obtain fourteen days’ remission of sentence.

Punishment not to extend beyond original term of imprisonment. Ibid, sec. 8

(2.)

No punishment inflicted under this section shall extend the imprisonment of the person charged beyond the term for which he was originally sentenced.

Punishment Book to be kept. Ibid, sec. 6

(3.)

Any Visiting Justice imposing any such punishment shall enter and sign in a separate book, to be called “the Punishment Book,” a statement of the nature of any offence that he has punished, with the name of the offender, the date of the offence, and the amount of punishment.

(4.)

A copy of every such entry shall be forthwith sent by the Gaoler to the Minister of Justice.

24 Proceedings for punishment of aggravated prison offences.

1883, No. 6, sec. 7

(1.)

Where any prisoner is found, on such hearing and examination, to have committed an aggravated prison offence as hereinafter specified, the Visiting Justice hearing the charge shall direct the same to be reheard in open Court before a Magistrate or two Justices sitting at the nearest Magistrate’s Court or other Court where summary jurisdiction is ordinarily exercised; and on such rehearing the Magistrate or Justices hearing the said charge may punish the offender by ordering him—

(a.)

To be kept in close or other confinement, either with or without irons, in a light cell for a time to be specified, but not for a longer time in irons than thirty days; or

(b.)

To be fed upon bread and water only during any time not exceeding fourteen days; or

(c.)

To be removed to a lower class; or

(d.)

To be suspended for a time (without actual removal) from the privileges of his class; or

(e.)

To be kept at hard labour for any term not exceeding one year, if not already sentenced to hard labour or penal servitude; or

(f.)

To forfeit, in addition to any such punishment, a number of marks not exceeding such number as under the regulations it is necessary to earn to obtain one year’s remission of sentence.

Punishment to be reported by Gaoler. Ibid, sec. 9

(2.)

The Gaoler shall forthwith report to the Minister every punishment ordered under this section, and such report shall state the name of the offender, the date of the offence, the nature of the offence, and the amount of punishment ordered.

25 Minor prison offences defined.

Ibid, sec. 10

The following shall be deemed to be minor prison offences:—

(a.)

Disobedience of the regulations of the prison:

(b.)

Common assaults by one prisoner on another:

(c.)

Profane, cursing and swearing:

(d.)

Indecent behaviour:

(e.)

Irreverent behaviour at Divine service:

(f.)

Insulting or threatening language to any officer or prisoner:

(g.)

Idleness or negligence at work:

(h.)

Wilful mismanagement of work:

(i.)

Obstructing any officer of the prison in the execution of his duty:

(j.)

Disobedience of the lawful orders of any officer of the prison:

(k.)

Giving provisions to or exchanging them with any other prisoner:

(l.)

Communicating with any other prisoner without leave, or making signs:

(m.)

Disrespect to any Visiting Justice, Inspector, or officer of the prison:

(n.)

Committing a nuisance:

(o.)

Marking, defacing, or damaging the prison property:

(p.)

Singing, whistling, or making unnecessary noise:

(q.)

Secreting or purloining anything:

(r.)

Any other misconduct subversive of the peace, order, or good government of the prison.

26 Aggravated prison offences defined.

Ibid, sec. 11

The following shall be deemed to be aggravated prison offences:—

(a.)

Mutiny or open incitement to mutiny in the prison:

(b.)

Personal violence to any officer of the prison:

(c.)

Escaping or attempting to escape:

(d.)

Aggravated or repeated assault on a fellow-prisoner:

(e.)

Repetition of any minor prison offence after having been twice punished for the same minor offence:

(f.)

Wilfully and maliciously breaking the prison windows or other-wise destroying the prison property:

(g.)

Making or attempting to make any wound or sore:

(h.)

Pretending illness:

(i.)

Preferring false or frivolous complaints against officers of the prison:

(j.)

When under punishment, wilfully making a disturbance tending to interrupt the order and discipline of the prison:

(k.)

Any other act of gross misconduct or insubordination.

27 Corporal punishments to be superintended by Gaoler and surgeon.

1882, No. 33, sec. 28

(1.)

All corporal punishments within the prison shall be attended by the Gaoler and the surgeon.

(2.)

The surgeon shall give such orders for preventing injury to health in the infliction of such punishment as he deems necessary, and it shall be the duty of the Gaoler to carry them into effect.

(3.)

The Gaoler shall enter in the Punishment Book the hour at which the punishment is inflicted, the number of lashes, and any orders which the surgeon may have given on the occasion.

28 No prisoner to be kept in irons except by order of a Visiting Justice.

Ibid, sec. 29

No prisoner shall be kept in irons or under mechanical restraint for more than twenty-four hours without an order in writing from a Visiting Justice specifying the cause thereof and the time during which the prisoner is to be kept in irons or under mechanical restraint, which order shall be preserved by the Gaoler as his warrant.

29 Use of irons by Gaoler.

Ibid, sec, 30

No prisoner shall be put in irons or under mechanical restraint by the Gaoler except in case of urgent necessity; and the particulars of every such case shall be forthwith entered in the Gaoler’s Journal, and notice thereof forthwith given to one of the Visiting Justices.

30 Offences against prison regulations.

Ibid, sec. 33

(1.)

Every person who, in breach of this Act or any regulations,—

(a.)

Brings or attempts to bring any wines or spirituous or fermented liquors into any prison;

(b.)

Holds or attempts to hold any communication with any prisoner undergoing sentence;

(c.)

Delivers, or in any manner endeavours or attempts to deliver, or causes to be delivered, to any such prisoner, or introduces, or attempts or endeavours to introduce, or-causes to be introduced, into any prison, any money, article of clothing, letter, tobacco, or any other article or thing whatsoever;

(d.)

Delivers or causes to be delivered to any other person any such money, article of clothing, letter, tobacco, article, or thing for the purpose of being conveyed or introduced as aforesaid;

(e.)

Secretes or leaves upon or about any place where any such prisoner as aforesaid is usually employed, any such money, article of clothing, letter, tobacco, article, or thing for the purpose of being found or received by any such prisoner;

(f.)

In any other manner conveys, or causes to be conveyed, to any such prisoner any such money, article of clothing, letter, tobacco, article, or thing:

(g.)

For any purposes aforesaid lurks or loiters about any road or other public works, or any prison, or any place in or at which prisoners may be confined or employed; or

(h.)

Knowingly harbours any prisoner who has escaped from a prison or from custody as aforesaid—

is liable to be apprehended without warrant by any constable, Gaoler, turnkey, warder, or other person in whose charge or custody any such prisoner then is, and shall be detained by such constable or other person, and kept in safe custody until he can be brought before a Magistrate, or before two or more Justices, who shall have power to hear and determine such offence.

(2.)

Such offender shall on conviction be liable for any such offence to a fine not exceeding twenty pounds, and in default of payment, or in the discretion of the Magistrate or Justices, to imprisonment with hard labour for any term not exceeding three months.

Lurking about prison. 1882, No. 33, sec. 34

(3.)

Any person loitering about any road or other public works, or any prison, or any place in or at which prisoners are confined or employed, and who refuses or neglects to depart therefrom upon being duly warned by any constable, Gaoler, warder, or authorised person so to do, shall be deemed and taken to be lurking or loitering about such road or public works, or prison or place, for the purposes of this section.

31 Officer admitting spirituous liquors or tobacco into prison.

Ibid, sec. 35

Every officer of a prison who suffers any wines or spirituous or fermented liquor or tobacco to be sold or used therein contrary to this Act or the regulations shall on conviction be sentenced to imprisonment for a term not exceeding six months, or to a fine not exceeding twenty pounds, or both, in the discretion of the convicting Justices, and shall, in addition to any other punishment, forfeit his office and all arrears of salary due to him.

32 Officer or other person carrying letters into and out of prison.

Ibid, sec. 36

(1.)

Every officer of a prison or any other person who, contrary to this Act or. the regulations, conveys or attempts to convey any letter or other document, or any article whatever not allowed by such regulations, into or out of any prison, is liable to a fine not exceeding ten pounds, and, if an officer of the prison, shall forfeit his office and all arrears of salary due to him.

(2.)

This section shall not apply in cases where the offender is liable to a more severe punishment under any other provision of this Act.

33 Notice of penalties to be placed outside of prisons.

Ibid, sec. 37

The Visiting Justices shall cause to be affixed in a conspicuous place outside the prison a notice setting forth the penalties that will be incurred by persons committing any offence in contravention of the three last preceding sections.

Part II Law of Prisons

General Provisions

34 Dating of sentences of imprisonment.

Ibid sec. 43

All sentences of imprisonment on any offenders convicted at any sittings of the Supreme Court or in any District Court shall date from the first day of holding such sittings, and all other sentences of imprisonment from the date of signing any warrant of commitment under which any offender is detained in custody, unless such prisoner was at large at the date of signing such warrant, in which case the sentence shall date from the time of arrest of the prisoner.

35 When term of imprisonment expires on Sunday.

1882, No. 33, sec. 44

Any prisoner confined in a prison, whose term of imprisonment would, according to his sentence, or the regulations relating to remission of sentences, expire on Sunday, shall be entitled to his discharge on the Saturday next preceding such Sunday; and every Gaoler of every prison having the custody of any such prisoner as aforesaid is hereby required and authorised to discharge such prisoner accordingly.

36 Inquests on prisoners.

Ibid, sec. 46

(1.)

An inquest shall be held on the body of every prisoner who dies within the prison.

(2.)

Where it is practicable one clear day shall intervene between the day of the death and the day of the holding the inquest, and in no case shall any officer of the prison or any prisoner confined in the prison be a juror on such inquest.

Disqualified jurors. Ibid, sec. 47

(3.)

In no case shall any person engaged in any sort of trade or dealing with the prison be a juror on such inquest.

37 Description of prison in writ.

Ibid, sec. 48

Any writ, warrant, or other legal instrument addressed to the Gaoler of a particular prison, describing the prison by its situation or other definite description, shall be valid, by whatever title such prison is usually known or whatever is the description of the prison.

38 Gaolers to have charge of prison.

Ibid, sec. 49

Every Gaoler shall have the charge and superintendence of the prison for which he is appointed, and the custody of all persons lawfully imprisoned within the same; and he shall be liable to answer for the escape of any such person from his custody, if such escape happens by or through his wilful neglect and default, but not otherwise.

39 Gaolers liable for escapes to an action of damages, and not of debt.

Ibid, sec. 50

If any person arrested on any civil process or otherwise held to bail for any debt escapes out of legal custody, the Gaoler or other person having custody of such person shall be liable to an action for damages sustained by the person at whose suit such person was arrested or held to bail as aforesaid, and shall not be liable to an action of debt in consequence of such escape.

40 When prisoner to be deemed in legal custody of Gaoler.

Ibid, sec. 51

(1.)

Every prisoner shall be deemed to be in the legal custody of the Gaoler—

(a.)

As soon as he is delivered within the door of any prison to the Gaoler or some other person employed under him in the custody of prisoners in such prison, and the liability of the Sheriff or other person delivering such prisoner shall cease on such delivery as aforesaid:

Ibid, sec. 52

(b.)

Whenever he is being taken to or from or whenever he is confined in any prison in which he may be lawfully confined, or whenever he is working outside or is otherwise beyond the walls of any such prison in custody or under the control of a prison officer belonging to such prison.

(2.)

Any constable or other officer acting under the order of any Justice having power to commit a prisoner to prison may convey a prisoner to or from any prison to or from which he may be legally committed or removed.

41 Gaoler of prison to deliver calendar.

Ibid, sec. 53

(1.)

The Gaoler of every prison shall deliver or cause to be delivered to the Judges of the Supreme Court and of District Courts respectively a calendar of all prisoners in custody for trial at each forth-coming sitting for trial of criminal cases in such Courts respectively.

(2.)

Such calendar may be in the form from time to time prescribed by regulations, and until any such regulation is made shall be in the form heretofore in use.

Removal and Employment of Prisoners

42 Removal of prisoners by Gaoler for trial or punishment.

1882, No. 33, sec. 54

A prisoner may be brought up for trial, and may be removed by or under the direction of the Gaoler from one prison to another, or from one place of confinement to another, to which such prisoner may be legally removed for the purpose of being tried or undergoing his sentence.

43 Prisoner may be brought before Court without writ of habeas corpus.

Ibid, sec. 55

Where a prisoner in custody is charged with an offence not being the offence or cause for which he is in custody, any Court or Justices may by order in writing direct the Gaoler to bring up such prisoner before such Court, or such Justices as are then present, to be dealt with according to law, and the said Gaoler shall obey such order and bring up that prisoner accordingly; and after he has been so dealt with he shall be restored to his former custody without any further process or authority for that purpose, and without prejudice to any cause or matter for which he was originally in custody:

Provided that this provision shall not apply to any matter which may be dealt with by Visiting Justices under this Act or regulations.

44 Certain prisoners may be removed to any prison to undergo their sentence.

Ibid, sec. 38

(1.)

Where a prisoner has been sentenced to penal servitude or to imprisonment with hard labour for a term of three years or upwards, he may be removed by the Gaoler from one prison to any other prison in New Zealand in which the prisoner has been directed by the Judge of any Court of competent jurisdiction to undergo his Sentence.

Such prisoners to be kept at hard labour. Ibid, sec. 39

(2.)

Every such prisoner shall during the term of his punishment be employed at hard labour in some prison, or on the roads or public works, or otherwise be kept to hard labour in such part of New Zealand as the Governor in that behalf directs, and either in irons or under such other restraint and subject to such correction as appears to the Governor to be necessary for his safe custody and strict discipline.

May be removed from place to place for such purpose.

(3.)

For the purpose of being so employed every such prisoner may be removed from place to place, either by sea or land, and may be confined in such prison, or in such place of confinement, or otherwise be kept in custody as the Governor from time to time directs.

45 Removal of prisoners in other cases by order of Governor.

Ibid, sec. 56

(1.)

Whenever it appears to the Governor to be necessary that the prisoners or any of them confined in any prison should be removed from such prison in order that the same may be repaired, enlarged, or rebuilt, or on account of any disease therein, or on account of the overcrowded state of such prison, or for any of the purposes of this Act, and due notice thereof in writing is by order of the Governor, given to the Gaoler of the prison, the Gaoler may remove such prisoners or any of them to such other prison or place of confinement as the Governor appoints.

(2.)

When any such prison is made fit for the reception and safe-keeping of those prisoners, the Gaoler may remove back thereto all such prisoners as are then in his custody.

In cases of emergency, may be removed by order of Visiting Justices.

(3.)

Whenever, the removal of any prisoners becomes necessary for any of the reasons in this section mentioned or from any other emergency, and it is impossible previous thereto to obtain such order as aforesaid, it shall be lawful for the Visiting Justices to issue an order to the Gaoler of the prison to remove such prisoners to some other prison or place of confinement specified in such order.

(4.)

Every such order of the Visiting Justices, together with a report of the causes thereof, shall be forthwith notified to the Governor and also to the Gaoler of the prison to which such prisoners are ordered to be removed.

46 Removal of prisoners to hospital and thence back to prison.

1882, No. 33, sec. 57

(1.)

In case of the illness of any prisoner he may, by order of a Magistrate or the Visiting Justices of a prison, be removed by the Gaoler from any prison to any hospital or infirmary to be mentioned in such order as occasion requires.

(2.)

In any such case a prisoner shall be deemed to remain in the lawful custody of the Gaoler who removed him; and such Gaoler shall, under a like order as aforesaid, have power to remove such prisoner from such hospital or infirmary back to the prison from which he was removed.

47 Governor may direct removal of prisoners.

Ibid, sec. 58

The Governor may from time to time, by warrant under his hand, when and as he thinks fit, direct the removal from any prison of any prisoner confined therein to any other prison; and upon every such removal every such prisoner shall be subject to be kept at such prison for the residue of his sentence, or until removed by legal authority.

48 Punishment of prisoners for misconduct during removal from one prison to another.

Ibid, sec. 59

Where a prisoner is received into a prison by removal from another prison, it shall be lawful, under the regulations in force in the prison into which he is so received, to punish him for any misconduct he may have committed in the course of such removal, or within forty-eight hours before the commencement of the same, as if such misconduct had been committed by him within the prison into which he is so received.

49 Removal of prisoner not to be deemed an escape.

Ibid, sec. 60

No prisoner whilst in the legal custody of a Gaoler under this Act shall be deemed to have escaped, although he may be taken into different jurisdictions or different places of confinement.

Miscellaneous

50 Offences to be tried summarily.

Ibid, sec. 61

Offences under this Act, with the exception of offences for the mode of trial of which express provision is made by “The Crimes Act, 1908,” or some other Act, shall be prosecuted summarily before two or more Justices in the manner directed by “The Justices of the Peace Act, 1908.”

51 Proof of previous sentence.

Ibid, sec. 63

The certificate in writing, under the hand of the Registrar or other officer having the custody of the records of the Court where any sentence or order of imprisonment is made or recorded, containing the substance of such sentence or order shall be sufficient evidence thereof, and shall be received in evidence of such sentence or order, on proof of the signature and official character of the person signing the same.

Part III Administration of Convicts’ Property

Disabilities of Convict as to Property

52 “Convict” defined.

1871, No. 48, sec. 6 1905, No. 17, sec. 2

In this Part of this Act “convict” means any person sentenced by any Court of competent jurisdiction to death or penal servitude upon any charge of treason or felony, and includes every person who after the coming into operation of “The Criminal Code Act, 1893,” is sentenced under that Act or “The Crimes Act, 1908,” to imprisonment for a term of three years or upwards with or without hard labour.

53 When convict shall cease to be subject to this Part of Act.

1871, No. 48, sec. 7

Where any convict dies, or is made bankrupt, or has suffered any punishment to which sentence of death if pronounced or recorded against him has been lawfully commuted, or has undergone the full term of imprisonment for which judgment has been pronounced or recorded against him, or such other punishment as by competent authority has been substituted for such full term, or has received from His Majesty, or the Governor on behalf of His Majesty, a pardon for the offence of which he was convicted, he shall thenceforth cease to be subject to the operation of this Part of this Act.

54 Convict cannot sue for or alienate property, &c.

Ibid, sec. 8

No action for the recovery of any property, debt, or damage whatsoever shall be brought by any convict against any person during the time he is subject to the operation of this Part of this Act, and every convict shall be incapable during such time as aforesaid of alienating or charging any property or of making any contract, save as hereinafter provided.

Administrators

55 Crown may appoint administrator of any convict’s property.

Ibid, sec. 9

(1.)

The Governor, or any person authorised in that behalf by warrant under the hand of the Governor (and which authority may be given either generally or with reference to any particular case), may, if he thinks fit, by writing under his hand, commit the custody and management of the property of any convict during the Governor’s pleasure to an administrator to be by such writing appointed in that behalf.

(2.)

Every such appointment may be revoked by the same or the like authority by which it is made; and upon any determination thereof either by revocation or by the death of such administrator, a new administrator may be appointed by the same or the like authority from time to time.

(3.)

Every such new administrator shall on his appointment be and be deemed to be the successor in law of the former administrator, and all property vested in and all powers given to such former administrator by virtue of this Act shall thereupon devolve to and become vested in such successor, who shall be bound by all acts lawfully done by such former administrator during the continuance of his office; and the provisions hereinafter contained with reference to any administrator shall, in the case of the appointment of more than one person, apply to such administrators jointly.

1905, No. 17, sec. 4

(4.)

The power to appoint an administrator conferred by this section on the Governor, or any person authorised in that behalf by the Governor, may be exercised either generally as to all convicts or specifically as to individual convicts.

56 Convict’s property to vest in administrator on appointment.

1871, No. 48, sec. 10

On the appointment of any administrator in manner aforesaid all the real and personal property, including choses in actions, to which the convict was at the time of his conviction or afterwards, while subject to the operation of this Part of this Act, becomes entitled shall vest in such administrator for all the estate and interest of such convict therein.

57 Remuneration of administrator.

1871, No. 48, sec. 11

If in the instrument by which any administrator is appointed provision is made for the remuneration of such administrator out of the property of the convict, the administrator may receive and retain for his own benefit such remuneration accordingly.

58 Powers of administrator.

Ibid, sec. 12

The administrator shall have absolute power to let, mortgage, sell, convey, and transfer any part of such property as he thinks fit.

59 Administrator to pay out of property costs of prosecution and costs of executing this Act.

Ibid, sec. 13

The administrator may pay or cause to be paid out of the property or the proceeds thereof all costs and expenses which the convict has been condemned to pay, and also all costs, charges, and expenses incurred by such convict in and about his defence, and also all such costs, charges, and expenses as the administrator may incur or be put to in or about the carrying this Part of this Act into execution with reference to such property or with reference to any claims which may be made thereon.

60 Administrator may pay out of property debts or liabilities of convict.

Ibid, sec. 14

The administrator may cause payment or satisfaction to be made out of such property of any debt or liability of the convict which is established in due course of law or otherwise to his satisfaction, and may also cause any property which may come to his hands to be delivered to any person claiming to be justly entitled thereto, upon the right of such person being established in due course of law or otherwise to his satisfaction.

61 Administrator may make compensation out of property to persons defrauded by criminal acts of convict.

Ibid, sec. 15

The administrator may cause to be paid or satisfied out of the property such sum of money as he thinks fit by way. of satisfaction or compensation for any loss of property or other injury alleged to have been suffered by any person through or by means of any alleged criminal or fraudulent act of the convict although no proof of such alleged criminal or fraudulent act may have been made in any Court of justice, and all claims to any satisfaction or compensation may be investigated in such manner as the administrator thinks fit, and the decision of the administrator thereon shall be binding:

Provided that nothing in this Part of this Act shall take away or prejudice any right, title, or remedy to which any person alleging himself to have suffered any such loss or injury would have been entitled by law if this Act had not passed.

62 Allowances for support of family of convict.

Ibid, sec. 16

The administrator may from time to time cause such payments and allowances as he thinks fit for the support or maintenance of any wife or child or reputed child of such convict, or of any other relative or reputed relative of such convict dependent upon him for support, to be made out of such property or the income thereof.

63 Exercise of administrator’s powers.

Ibid, sec. 17

(1.)

The several powers hereinbefore given to the administrator may be exercised by him in such order and course as to priority of payments or otherwise as he thinks fit.

Contracts, &c., of administrator to be binding on all persons having interest in property.

(2.)

All contracts of letting or sale, mortgages, conveyances, or transfers of property bona fide made by the administrator under the powers of this Part of this Act, and all payments or deliveries over of property bona fide made by or under the authority of the administrator for any of the purposes hereinbefore mentioned, shall be binding, and the propriety thereof and the sufficiency of the grounds on which the administrator may have exercised his judgment or discretion in respect thereof shall not be in any manner called in question by such convict or by any person claiming an interest in such property by virtue of this Part of this Act.

64 Property to be preserved for convict and to revert to him on his ceasing to be subject to Act.

1871 No. 48, sec. 18

Subject to the powers and provisions hereinbefore contained, all such property and the income thereof shall be preserved and held in trust by the administrator for the following purposes:-

(a.)

The income thereof may, if and when the administrator thinks proper, be invested and accumulated in such securities as he from time to time thinks fit for the use and. benefit of the convict and his legal personal representatives, or of such other persons as may be lawfully entitled thereto according to the nature thereof.

(b.)

Such property and income, and the possession, administration, and management thereof, shall revest in and be restored to such convict on his ceasing to be subject to the operation of this Part of this Act, or in and to his legal personal representatives, or such other persons as may be lawfully entitled thereto; and all the powers and authorities by this Part of this Act given to the administrator shall from thenceforth cease and determine, except so far as the continuance thereof may be necessary for the care and preservation of such property or any part thereof, until the same is claimed by some person lawfully entitled thereto, or for obtaining payment out of such property or of the proceeds thereof of any liabilities, or any costs, charges, or expenses for which provision is made by this Part of this Act.

(c.)

For the purposes aforesaid such powers and authorities shall continue to be in force until possession of such property is delivered up by the administrator to some person being or claiming to be lawfully entitled thereto.

65 Administrator only liable for what he receives.

Ibid, sec. 19

The administrator shall not be answerable to any person for any property which has not actually come to his hands by virtue of this Part of this Act, nor for any loss or damage which may happen through any mere omission or nonfeasance on his part to any property vested in him by virtue hereof.

66 Costs of any action to be a first charge on property.

Ibid, sec. 20

The costs as between solicitor and client of any action brought against the administrator with reference to any such property as afore-said, whether during the time while the same was vested in him under this Part of this Act or after the same ceases to be so vested, and all charges and expenses properly incurred by him with reference thereto, shall be a first charge on and shall be paid out of such property unless the Court before which such action is tried thinks fit to order otherwise.

Interim Curators

67 If no administrator, interim curator may be appointed.

Ibid, sec. 21

(1.)

If no administrator as aforesaid has been appointed, an interim curator of the property of any convict may be appointed by any Magistrate or Justice in or near the place where such convict before his conviction last usually resided, on the application of any person who is able to satisfy such Magistrate or Justice, as the case may be, that the application is made bona fide with a view to the benefit of the convict or of his family, or to the due and proper administration and management of his property and affairs.

(2.)

The interim curator to be appointed may be either the person making the application or any other person willing to accept the office, and competent to discharge its duties, as such Magistrate or Justice thinks fit.

68 Procedure before interim curator appointed.

1871, No. 48, sec. 22

(1.)

Before making any such appointment the Magistrate or Justice, as the case may be, shall require the applicant to make oath that no administrator or interim curator of the property of such convict has been, to his knowledge or belief, already appointed, and the applicant shall also state on oath to the best of his knowledge and belief who are the nearest relatives (including any husband or wife) of the convict, and where they are residing, and whether any and which of them have consented to or have had notice of such application.

(2.)

The Magistrate or Justice may require notice of the application to be given to all such persons and in such manner as he thinks fit.

69 Removal of interim curator.

Ibid, sec, 23

(.1)

Any interim curator so appointed may be removed for any cause shown to the satisfaction of the Magistrate or Justice or the Court in which proceedings for an account are instituted as hereinafter provided, upon the application of any relative of the convict, or of any person interested in the due and proper administration and management of his property and affairs, either by the Magistrate or Justice by whom he was appointed (or, in the event of such Magistrate or Justice dying or being unable to act, by any other Magistrate or Justice) or by any Court in which proceedings for an account may be instituted as hereinafter provided.

(2.)

On the death or removal of any interim curator a new interim curator may be appointed in the same manner and by the like authority as aforesaid or (in case any such proceedings are then pending) by the Court in which such proceedings are so pending as aforesaid.

70 Powers of interim curator.

Ibid, sec. 24

Every interim curator so appointed shall (unless and until an administrator is appointed under this Act, in which case the authority of the interim curator shall thenceforth cease and determine) have the following powers

(a.)

To sue in his own name as interim curator for the possession and recovery of any part of the property in respect of which he has been so appointed, or for damages in respect of any injury thereto, and to defend in his own name as interim curator any action brought against the convict or against himself in respect of such property:

(b.)

To receive and give legal discharges for all rents, dividends, interest, and income of or arising from the property, and also to receive and give discharges for any debts due to the convict or forming part of his property, and to pay and discharge all or any debts due from the convict out of such property, and to settle and adjust accounts with any debtor or creditor of the convict, and generally to manage and administer his property:

(c.)

To make or cause to be made such payments and allowances for the support or maintenance of any wife or child of the convict, or of any other relative dependent on him for support as are specially authorised by any Magistrate or Justice or Court aforesaid (who shall have power from time to time to authorise the same), or by any other Court haring competent jurisdiction to authorise the same, out of the income of such property or (in case the income is insufficient for that purpose) out of the capital thereof:

(d.)

To retain out of such, property, or out of the income thereof, all his costs, charges, and expenses properly incurred in and about the discharge of his duties as such curator.

71 Personal property may be sold by interim curator under order of Court.

1871 No. 48, sec. 25

Any personal property of the convict may be sold and transferred by the interim curator by and with the authority of the Magistrate, Justice, or Court as aforesaid, or of any other Court having competent jurisdiction to order the same, but not otherwise; and such interim curator shall be accountable for the proceeds of any property so sold in the same manner as for such property while remaining unsold.

General

72 Proceedings by or against interim curator not to abate if administrator appointed.

Ibid, sec. 26

All proceedings in any Court of justice duly instituted by or against any interim curator may (in case of an administrator or a new interim curator being afterwards appointed) be continued by or against the administrator or new interim curator without any abatement thereof, the appointment of such administrator or new interim curator being entered by way of suggestion on the record or otherwise stated upon the proceedings, according to the practice of the Court; and all acts lawfully done and contracts lawfully made by such interim curator with respect to any property of the convict before the appointment of such administrator or new interim curator shall be binding upon the administrator or new interim curator after his appointment.

73 Execution of judgments against convict’s property.

Ibid, sec. 27

(1.)

All judgments or orders for the payment of money of any Court of justice against the convict which have been duly recovered or made either before or after his conviction may be executed against any property of the convict under the care and management of an interim curator as aforesaid, or in the hands of any person who has taken upon himself the possession or management thereof without legal authority, in the same manner as if such property were in the possession or power of the convict.

(2.)

All such judgments or orders may likewise be executed by writ or otherwise, according to the practice of the Court, against any property which is vested in an administrator of the property of the convict under the authority of this Part of this Act.

74 Proceedings for an account of administration of property.

Ibid, sec. 28

(1.)

The Attorney-General, or any person who, if such convict were dead intestate, would be entitled to his personal estate or any share thereof under the Statutes of Distribution or otherwise, or any person authorised by the Attorney-General in that behalf, may apply in a summary way to any Court which, if the convict were dead, would have jurisdiction to entertain a suit for the administration of his estate, to issue a writ of summons calling on any administrator or interim curator of the property of such convict appointed under this Part of this Act, or any person who without legal authority has possessed himself of any part of his property, to account for his receipts and payments in respect of the property of such convict in such manner as such Court directs.

(2.)

The Court may thereupon issue a writ of summons and enforce obedience thereto, and to all orders and proceedings of the Court consequent thereon, in the same manner as in any other case of process lawfully issuing out of such Court.

(3.)

The Court shall thereupon have full power, jurisdiction, and authority to take all accounts and to make and give all orders and directions it thinks proper or necessary for the purpose of securing the due and proper care, administration, and management of the property of the convict, and the due and proper application of the same and of the income thereof, and the accumulation and investment of such balances, if any, as may from time to time remain in the hands of any administrator or interim curator or other person as aforesaid in respect of such property.

(4.)

So long as any such proceedings are pending in the Court every such administrator or interim curator or other person shall act in the exercise of all powers vested in him under this Part of this Act or otherwise in all respects as the Court directs; and the Court may, if it thinks fit, authorise and direct any act to be done by any such interim curator which might competently be done by an administrator duly appointed under this Part of this Act.

75 Administrator, &c., to be accountable to convict when property reverts.

1871, No. 48, sec. 29

Subject to the provisions of this Part of this Act, every administrator, interim curator, or other person as aforesaid shall, from and after the time when the convict ceases to be subject to the operation of this Part of this Act, be accountable to the convict for all property of the convict possessed or received by such administrator, interim curator, or other person as aforesaid and not duly administered in the same manner in which any guardian or trustee is now accountable to his ward or cestui que trust, but subject nevertheless and without prejudice to the administration and application of such property under and according to the powers of this Part of this Act.

Schedule Enactments consolidated

1871, No. 48.—“The Convicts Forfeitures Act, 1871.”

1883, No. 6.—“The Prisons Act, 1883.”

1882, No. 33.—“The Prisons Act, 1882.”

1905, No. 17.—“The Convicts’ Forfeitures Act Amendment Act, 1905.”