Act Repealed Latest version as at 14 November 1871 (as enacted) | 1871 No 46

Prisoners Maintenance Expenses Act 1871

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Contents

Preamble.

Short Title.

Interpretation. “Prisoner.” “Expenses of maintenance.”

Act to apply to prisoners detained at time of passing of Act and to prisoners received into gaol after passing of Act.

Expenses of maintenance in gaol of one Province of prisoners who have committed offences in another Province how to be charged.

Certain prisoners of the Native race exempted.

Prisoners Maintenance Expenses Act 1871

Public Act		1871 No 46
Date of assent		14 November 1871

	Title
	Preamble.
1	Short Title.
2	Interpretation. “Prisoner.” “Expenses of maintenance.”
3	Act to apply to prisoners detained at time of passing of Act and to prisoners received into gaol after passing of Act.
4	Expenses of maintenance in gaol of one Province of prisoners who have committed offences in another Province how to be charged.
5	Certain prisoners of the Native race exempted.

An Act to make further and better provision for charging the Expense of Maintenance of Prisoners detained in Public Gaols for Punishment or safe Custody.

Preamble.

WHEREAS it does sometimes happen that persons are committed for safe custody or imprisonment to gaols not being within the Province within which the offence charged has been or is alleged to have been committed and it is expedient that the expenses of the maintenance in gaols of such prisoners should be borne by the Province within which the offence charged has been or is alleged to have been committed:

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

1 Short Title.

The Short Title of this Act shall be “The Prisoners Maintenance Expenses Act 1871.”

2 Interpretation. “Prisoner.” “Expenses of maintenance.”

In the construction of this Act the words terms and expressions following shall have the meanings hereby assigned to them unless there be something in the subject or context repugnant to such construction that is to say—

The term “prisoner” shall mean and include any person who is detained under or by virtue of any committal or conviction or order made under the provisions of “The Justices of the Peace Act 1866” or any Act amending the same or any Act passed or to be passed for the like purposes or by or under the order conviction or judgment of any Court of criminal jurisdiction in any public gaol whether committed for safe custody or for punishment or on default of hail for appearance or good behaviour or keeping the peace or for any other purpose or on any other account.

The expression “expenses of maintenance” shall mean and include the actual expenses incurred in the maintenance safe custody care and punishment of the prisoner according to the term for which he shall have been in custody in the gaol with reference to which the term is used at the average daily cost of each prisoner according to the whole number of prisoners confined in the gaol such average to be taken at such intervals as the Colonial Secretary shall from time to time direct including in such expenses all salaries of officers all expenses of repairs alterations additions and improvements in or to such gaol and any other charges whatsoever on account of the prisoners confined in such gaol and such other expenses as the Colonial Secretary shall from time to time determine subject nevertheless to a proportionate share of all deductions on account of earnings of the prisoners in such gaol and subject to such other deductions as the Colonial Secretary shall from time to time determine.

3 Act to apply to prisoners detained at time of passing of Act and to prisoners received into gaol after passing of Act.

This Act as to all expenses of maintenance incurred after the passing of this Act shall apply to the expenses of maintenance of all prisoners detained in any public gaol at the time of the passing of this Act and of prisoners received into any such gaol after the passing of this Act.

4 Expenses of maintenance in gaol of one Province of prisoners who have committed offences in another Province how to be charged.

The expenses of maintenance in any public gaol of every convicted prisoner detained in any public gaol not being within the Province within which the offence of which he may have been convicted shall have been committed shall be paid by the Colonial Treasurer to the Superintendent of the Province within which such gaol is and shall be charged against the Province within which such offence shall have been committed:

And the expenses of maintenance of every prisoner charged with an offence and under committal for trial or safe custody and detained within any public gaol not being within the Province within which the offence charged shall have been committed or charged to have been committed shall be paid by the Colonial Treasurer to the Superintendent of the Province within which such gaol is and shall be charged against the Province within which such offence shall have been committed:

And the expenses of maintenance of every other prisoner detained for safe custody or for default of bail or for contempt of Court or on any other account and detained in any public gaol not being within the Province within which the act of commission or omission or other default shall have been committed or have occurred with which such person is charged or on account of which he shall have been committed to gaol shall be paid by the Colonial Treasurer to the Superintendent of the Province within which such gaol is and be charged against the Province within which such act or default shall have been committed or have occurred.

5 Certain prisoners of the Native race exempted.

Nothing in this Act contained shall apply to the case of prisoners of the Native race under trial for or convicted of high treason or treason felony.

Prisoners Maintenance Expenses Act 1871