Hardships of the Early Settlers in Western Australia

Date01 October 1932
Published date01 October 1932
DOI10.1177/0032258X3200500406
AuthorC. Treadgold
Subject MatterArticle
Hardships
of
the Early Settlers in
Western
Australia
By C.
TREAD
GOLD
Secretary, Police
Department,
Western
Australia
,
AND
WHEREAS FOR THE
ENDS
OF JUSTICE AND THE PRESERVATION OF
nPEACE I MAY HEREAFTERSEE OCCASION TO NOMINATE AND TO APPOINT
A PROPERLY QUALIFIED PERSON TO EXECUTE THE
OFFICE
OF SHERIFF OF
THE TERRITORY HAVING UNDER HIS
DIRECTION
RESPONSIBLE
INDIVI-
DUALS
FILLING
THE OFFICES OF
HIGH
CONSTABLE, CONSTABLES, BAILIFFS
AND SURVEYORS OF HIGHWAYS.
AND
WHEREAS I MAY HEREAFTER SEE
OCCASION TO ISSUE A COMMISSION TO CERTAIN DESERVING PERSONS TO
PROCEED TO THE COGNIZANCE OF OFFENCES AGAINST THE
LAWS,
TO HEAR
AND DETERMINE COMPLAINTS OF
INJURY:
TO COMMIT OFFENDERS FOR
FURTHER
TRIAL
TO THE CUSTODY OF THE
SHERIFF
AND TO CONDUCT
THEMSELVES IN THE EXECUTION OF THEIR
OFFICE
ACCORDING TO SUCH
MODE
OF PROCEDURE AS JUSTICES OF THE PEACE MAY LAWFULLY ADOPT.
I HERE COMMAND THAT DUE OBEDIENCE AND RESPECT BE SHOWN TO SUCH
PERSONS IN THEIR
SEVERAL
PLACES OF JURISDICTION.'
The
above is an extract from the Proclamation read by
Captain James Stirling, R.N., Lieutenant-Governor, on the
19th June, 1829, at Fremantle, on the establishment of the
Colony, and it is with incidents following the same that an
endeavour has now been made to obtain items of interest in
regard to some of its early history.
One of the first acts of Captain Stirling was to appoint
certain gentlemen to act as Justices of the Peace, and whilst
the functions of Justices have altered to a great extent since
those days, they were at that time entrusted with powers in
regard to the keeping of the peace, and the oversight of the
constables employed therefor.
Not
only were constables
engaged,
but
at Fremantle in 1829 a
Mr.
R. Lewis was ap-
pointed Chief Constable; whilst at Perth the position of High
Constable was held by
Mr.
Alfred Hawes Stone, who was also
Sheriff. 500
EARLY
SETTLERS
IN
WESTERN
AUSTRALIA
501
On the r zth February, 1830,
Mr.
W.
H.
Mackie advised
the Lieutenant-Governor that at a meeting of the Magistrates
of the Colony, which had been held ten days previously, a
scale of constables' fees had been agreed on as follows :
For Service of Summons
1/-
For apprehension of an offender under a war-
rant 2/6
{
Expenses actually
For maintenance of self per day while engaged incurred stated
in conveying a prisoner to gaol - - - on oath before a
Justice.
For conveyance of prisoner to place of confine-
ment do. do.
For loss of time and trouble in conveyance of
prisoner per day
7/-
For executing a Warrant of Distress 2/6
To
constable's man for keeping possession,
per day - 3/6
For attendance at Quarter or Special Sessions
as Peace Officer, per day - 7/-
The
parties who held constabulary powers were persons
engaged in civil occupations, and it was to recompense them
for their loss of time that the above fees were arranged.
The
first complaint in regard to an act of a constable appears to be
contained in a letter from a man named John Hobbs of Fre-
mantle, who wrote stating that a constable named Maxworthy
had taken his boat from its moorings without his consent, to
convey a prisoner to the ship Marquis
of
Anglesea, which was
used as a lockup.
Afurther reference to R. Lewis appears on the r
rth
August, 1830, in a communication from the Magistrates of
Fremantle (Messrs. G. Leake, jas. Henty and Thos. Bannister)
to the Governor, in which it was stated that in his capacity as
Chief Constable he had been instructed to convey a prisoner
named Fred Boston, charged with burglary, to the High Con-
stable at Perth (Mr. A. H. Stone). This
Mr.
Lewis was a
master builder and in 1830 submitted atender of some £1900
for the erection of a prison on Arthur's Head or of £2000 on
the plain.
For
their services as constables at Perth in 1830 Mr. A. H.

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