Female Transportation Abolition Act 1839 No 23a (NSW)

No. XXII.

An Act to abolish the Transportation of Female
Convicts and to provide for the more effec­

tual Pun ishment of Female Offenders within

the Colony of New South Wales.	[19$
November, 1839.]

WH E R E A S Great Br i t a in a n d I r e l and and also by divers A c t s of the

by divers S ta tu te s of t he Imper i a l Pa r l i amen t of

Governor and Legislat ive Council of N e w South W a l e s t ranspor ta ­

t ion is author ized and directed for var ious offences A n d whereas

i t is expedient to abolish t h e p u n i s h m e n t of t r anspor t a t ion from th i s Colony in all cases where female convicts who have been or shall be t r anspor t ed or removed to N e w South Wales shall be again convicted before t h e Supremo Cour t of t h e said Colony or before any of t h e Cour ts of Genera l Qua r t e r Sessions holden there in of any offence subject or l iable to t h e p u n i s h m e n t of t r anspor ta t ion by any of t h e said S ta tu tes or Ac ts of the Governor a n d Legis la t ive Council of N e w Sou th Wales aforesaid A n d whereas b y a n Ac t of

t h e Governor and Legislat ive Counci l aforesaid passed in t h e t h i r d

year of t h e re ign of H i s la te Majesty K i n g W i l l i a m the F o u r t h it was enacted t h a t every female offender who should be commit ted b y due course of law to any gaol or factory appointed by tin; Governor for t h e custody of female offenders should be under the m a n a g e m e n t of a m a t r o n or super in tenden t to be appointed by the Governor for t he t i m e being and such m a t r o n or super in tenden t should observe and follow such ru les a n d regula t ions in respect of t h e care and keep ing of such female offenders as should be estab­ lished by t h e Governor wi th t he advice of t h e Execu t ive Counci l A n d whereas by the law now in force in t h e said Colony female offenders u n d e r sentence of t r anspor t a t ion duly convicted in a summary way a re l iable to cer ta in pun i shmen t s ordered and adjudged by one or more of t he Jus t i ces of t he Peace of t he said Colony A n d whereas it is expedient t h a t measures should be adopted and a r r angemen t s made in t h e female gaols or factories a t P a r r a m a t t a or elsewhere not only to provide for t h e safe custody b u t t o preserve t he hea l th and improve

the mora ls of the pr isoners the re in confined a n d also to ensure t he

due p u n i s h m e n t of female offenders in t h e said Colony Be i t therefore enacted by H i s Excel lency the Governor of New South Wales wi th t he advice of t h e Legis la t ive Council thereof Tha t from and after the pass ing of th i s A c t t he p u n i s h m e n t of t r anspor t a t ion from th i s Colony in each and every case where a ' fcmale convict or female convicts who shall' have been t r anspor ted or removed to N e w South Wales shall be aga in convicted before t he Supreme Cour t of t he said Colony or before any of t he Cour ts of Genera l Q u a r t e r Sessions holden the re in of any offence now punishable by law w i t h t r anspor ta t ion shall be and t h e same is hereby abolished any t h i n g in any S t a tu t e or L a w to the

con t ra ry n o t with s tanding.

2. A n d be it enacted Tha t from and after t he pass ing of th is Act every female convict aforesaid convicted in t h e Supreme Cour t aforesaid or in any Cour t of Genera l Q u a r t e r Sessions aforesaid of any offence heretofore punishable w i t h t r anspor t a t ion or who shal l be convicted before ei ther of t h e said Cour ts of any misdemeanor or o the r offence shall be l iable a t the discret ion of such Cour t to be

2 H—VOL. 2. imprisoned

impr i soned and p u t to labor in any gaol or factory duly appointed for t h e cus tody of female offenders for any t e r m no t exceeding five years .

3. A n d be i t enacted Tha t in award ing the p u n i s h m e n t of

impr i sonment for any offence pun i shab le unde r th i s Act it shall be lawful for t h e Cour t t o direct t ha t such female offender shal l be k e p t in sol i tary confinement for any por t ion or por t ions of such imprison­ m e n t in t h e da rk cells of any of t h e said female gaols or factories a n d on bread and wa te r for any period not exceeding t w e n t y days a t any one t ime and not exceeding s ixty days in t h e space of any one year as to t h e Cour t in its discretion shall seem meet Provided always t h a t no second no r o ther subsequent period of soli tary confinement shall be imposed u n t i l a period a t least equal to t he same shall have elapsed.

4. A n d be i t enacted Tha t from and after t h e pass ing of t h i s A c t i t shal l and m a y be lawful for any two or more of H e r Majesty 's Jus t i ces assigned to keep t h e Peace wi th in and for t he said Colony in P e t t y Sessions assembled before w h o m any female unde r sentence of t r anspor ta t ion shall be convicted in a s u m m a r y way of any offence for which unde r t h e laws now in force impr i sonment m a y be awarded to direct t h a t such female offender shall be kep t in confinement in sol i tary or da rk cells at any female factory or gaol as aforesaid for any por t ion or por t ions of such impr i sonment not exceeding twen ty days a t a n y one t i m e and no t exceeding sixty days in any one year as to t h e said Jus t i ces in the i r discretion shall seem mee t Provided always t h a t no second nor other subsequent period of sol i tary confinement shal l be imposed u n t i l a per iod a t least equal t o t h e same shall have elapsed.

5. A n d whereas i t is expedient t h a t fur ther provision should

be m a d e for t h e p u n i s h m e n t of female offenders absconding a second

t ime or oftener Be it enacted T h a t every female offender unde r sentence of t r anspor t a t i on who shall be convicted before any two or more Jus t ices of t h e Peace in P e t t y Sessions assembled a second t ime or oftener of absconding from the service of Government or from t h e service of he r mas te r or mis t ress shall be l iable to be impr isoned or kep t t o labor in any gaol or factory as aforesaid for any t i m e n o t exceeding four calendar m o n t h s or to be k e p t in soli tary confinement on bread and water for any t i m e n o t exceeding twen ty days according

to t h e degree of t he offence.

6. A n d whereas t h e r e are cer ta in female convicts who have been t r anspor t ed to More ton Bay b u t w ho by reason of t h e in tended

a b a n d o n m e n t of t h a t place as a penal se t t lement can n o longer be

con t inued the re and whereas the re are o ther female convicts w ho h a v i n g arr ived as such in t h e Colony of N e w South W a l e s have since

been sentenced to t r anspor t a t ion from t h e said Colony b u t who b y

reason of t h e in tended a b a n d o n m e n t of More ton Bay as aforesaid cannot be so t r anspor t ed and whereas i t is expedient to provide some o ther means of pun i sh ing the said female convicts Be i t therefore enacted Tha t i t shal l and m a y be lawful for t h e Governor of t h e ' said Colony to cause t h e said female convicts to be impr i soned a n d worked in any gaol or factory in t h e said Colony for half t h e unexp i red t e r m of the i r respective sentences Provided never theless t h a t no female convict shal l be so impr isoned for a longer period t h a n four years.

7. A n d be i t enacted T h a t t h e m a t r o n or super in tenden t of any

female factory or gaol as aforesaid shall have power to hear all com­ pla in t s t ouch ing any of t h e following offences commit ted by a female convict or female convicts wi th in t h e said factory or gaol or d u r i n g her or the i r impr i sonment the re in t h a t is to say disobedience of any of t he rules and regula t ions in respect of t he care and keep ing of such female offenders a l ready or a t any t ime hereaf ter t o

be

be es tabl ished u n d e r and by v i r tue of t he law now in force— assaul t s by one female offender confined in such factory or gaol upon ano ther—profane curs ing or swear ing—any indecent behaviour— i r reveren t or indecent conduct at or absence from Divine Service— idleness or negl igence in work—wilful m i s m a n a g e m e n t in work or any

damage dest ruct ion or improper use of t h e mate r i a l s given in w o r k —

all of which are declared to be offences u n d e r and b y v i r tue of th i s A c t if commi t t ed by any descript ion of female pr isoners and t h e said m a t r o n or super in tenden t m a y examine any persons t ouch ing such offences a n d m a y de te rmine t he r eupon and m a y pun i sh all such offences by order ing any offender to close confinement in t h e dark or soli tary cells and by keep ing such offenders u p o n bread a n d water for any t e r m no t exceeding th ree days.

8. A n d be i t enacted T h a t in case any female offender im­ pr isoned in any female factory or gaol shall be gui l ty of any repeated offence aga ins t t h e rules and regu la t ions of t h e said factory or gaol or shal l be gu i l ty of any grea te r offence t h a n t h e m a t r o n or superin­ t enden t is by th is Act empowered to pun i sh the said m a t r o n or superin­ t e n d e n t shal l for thwith repor t t he same to one or more of H e r Majesty 's

Jus t i ces of t h e Peace of t he said Colony and any one such Jus t i ce

shal l have power to inqui re u p o n oa th and to de te rmine concerning

any such m a t t e r so repor ted and to order t h e offender to be pun i shed hy close confinement in t h e dark or soli tary cells aforesaid upon bread a n d water for any t e r m n o t exceeding twenty-one days.

9. A n d be it enacted Tha t if any person in con t raven t ion of

t h e ru les and regula t ions shall car ry or b r i ng clandest inely or convey or a t t e m p t or endeavour to carry b r ing or convey in to any gaol or factory duly appoin ted for t h e custody of female offenders or t h e cells there to be longing any spi r i tuous or fermented l iquor i t shall be lawful for t h e m a t r o n or super in tenden t s torekeeper or any t u r n k e y or ass is tant to t h e said m a t r o n or super in tendent or s torekeeper to apprehend or cause to be apprehended such offender and to car ry h i m or her before a Ju s t i ce of t h e Peace who is hereby empowered to hear and de te rmine such offence in a s u m m a r y way A n d if he shall lawfully convict such person of such offence he shall for thwith commit such offender to any common gaol wi th in t he said Colony the re to be kept for any t e r m not exceeding th ree m o n t h s w i thou t bai l unless such offender shall immedia te ly u p o n such conviction pay

down such s u m of money not exceeding twen ty pounds and not less
t h a n t en pounds as t h e Jus t i ce shall impose upon such offender to be

paid one moie ty in t h e discretion of t h e said J u s t i c e to such person or persons as shal l be aiding and assist ing in such convict ion and t h e other moiety to the Colonial Treasurer to be approp ia ted to t h e use of H e r Majesty H e r H e i r s and Successors for t he publ ic uses of t he said Colony and t h e suppor t of t he Gove rnmen t thereof.

No. XXIII.