Female Transportation Abolished Act 1848 No 16a (NSW)

No. LV.

An Act to substitute in respect of Female

Offenders other punishments in lieu of Trans­

portation beyond Seas. [17th June, 1848.]

WH E R E A S of sentences to t r anspor t a t ion beyond seas passed wi th in the	Colony of N e w South Wales and in consequence whereof provision
has been made for the subs t i tu t ion of o ther pun i shmen t s of male
offenders in l ieu of ac tua l t r anspo r t a t i on and it is expedient to m a k e
provision also for such subs t i tu t ion in t h e case of female offenders Re it therefore enacted by H i s Excel lency t h e Governor of New South Wales wi th t he advice and consent of t he Legislat ive Council thereof Tha t w h e n any female offender m a y now be u n d e r conviction or shall hereafter be convicted in any Cour t of competent jur isdic t ion in N e w Sou th Wales of any offence pun i shab le by law wi th t ranspor ta ­ t ion i t shall be lawful for such Cour t to sentence such offender by way of subs t i tu t ion for t r anspor t a t ion to be impr isoned in any gaol or house of correct ion in t h e said Colony for such t e rm as t he said Cour t shal l t h i n k lit no t be ing more nor less in any case t h a n the periods nex t ment ioned t h a t is to say in l ieu of t r anspor t a t ion for life a period of not less t h a n th ree years nor more t h a n seven years in l ieu of t r anspor t a t ion for fifteen years or for any period under fifteen and more t h a n seven years a period of no t less t h a n two no r more t h a n five years and in l ieu of t r anspor t a t ion for seven years a per iod of no t less t h a n one year nor more t h a n th ree years and t h a t i t shall be law­ ful for t h e Cour t before which any such conviction shal l have been had at i ts discretion to award in every such case tha t t he offender so sentenced shall be kept to l igh t labor or hard labor as the said Cour t shall th ink fit and also to direct that such offender shall he kept in soli tary confinement lor any port ion or por t ions of such imprison­ ment not exceeding in the whole three 1 calendar mon ths in any one year and not exceeding fourteen days at any one t ime as to the. said Court

imped iments have ar isen to t h e car ry ing in to execut ion

Court in i ts discret ion shall seem meet Provided nevertheless t h a t no th ing in th is Ac t conta ined shall he const rued to t ake away al ter or abr idge any power now possessed or which m a y hereafter be given by law to any such Cour t to award o ther and different sentences t h a n such as a rc hereinbefore author ized to be passed by way of subst i tu­ t ion as aforesaid.

2. A n d be it declared and enacted Tha t no th ing in th is Ac t

conta ined shal l or doth in any m a n n e r affect H e r Majesty 's Roya l

P re roga t ive of Mercy .