Hard Labor for Male Offenders Act 1841 No 8a (NSW)

No. VIII.

An Act to authorize the Governor of New South
Wales to detain at hard labor any Male

Offender under a second Sentence or Order

of Transportation. [21st September, 1841.]

WH E R E A S by an Ac t of the Governor and Council of New South W a l e s passed in t he th i rd year of the reign of H i s la te Majesty

K i n g Wi l l i am the Four th in t i tu led " An Act to consolidate and amend

" the Laics for the transportation and punishment of Offenders in New

" South Wales and for defining the respective lowers and	authorities
" of General (Quarter Sessions and of Petty Sessions and for	determining
" the places at which the same shall be holden and for belter	regulating

" the summary jurisdiction of Justices of the Peace and for repealing

" certain Laws and Ordinances relating thereto" it was enacted t h a t cer ta in offenders should be t ranspor ted to such penal se t t lements wi th in t h e said Colony or i t s Dependencies as t h e Governor should direct and whereas in t he progress of t he se t t lement of t h e said Colony the places which a t t he t ime of the pass ing of t he said recited Ac t were used as penal se t t lements have ceased to be used as such for the said Colony and i t is expedient to repeal so m u c h of t h e said recited A c t as enacts t h a t " Every sentence of t r anspor ta t ion passed in due " course of law upon any offender in N e w South W a l e s or i ts Dcpen- " dencies and every order made by t h e Governor for the t ranspor ta t ion " of any such offender in l ieu of capital p u n i s h m e n t shal l subject such " offender to be conveyed to such penal se t t lement w i th in t h e said Colony " or i ts Dependencies at such t ime and in such m a n n e r as the Governor " for t h e t ime be ing shal l direct and a p p o i n t " Be it therefore enacted by His Excel lency t h e Governor of N e w South Wales wi th t h e advice of t he Legislat ive Counci l thereof Tha t so m u c h of t he said reci ted A c t as directs t h a t any offender shall be t ranspor ted to a penal se t t l ement wi th in t he Colony of N e w Sou th Wales or i ts Dependencies who shal l be convicted of any offence for which he would be liable to be t r anspor ted ei ther by reason of a sentence of t r anspor ta t ion passed in due course of law or of an order of t r anspor t a t ion made by the Governor in l ieu of capital p u n i s h m e n t shal l be and the same is

3 D — V O L . 2. place

he reby repealed.
2. A n d whereas c i rcumstances have ar isen which may render

i t necessary to suspend for a t ime t h e car ry ing in to effect any sentence of t r anspor ta t ion passed by any Cour t in t he Colony of New South W a l e s or any order made by t h e Governor for t h e t ranspor ta t ion of any offender in l ieu of capital pun i shmen t and u n t i l provision can be made for t h e t r anspo r t a t i on of such offenders to deta in t h e m in some

place of safe custody and a t h a r d labor wi th in t h e said Colony u n d e r

such regula t ions as a rc hereinaf ter provided Be i t therefore enac ted T h a t i t shall be lawful for t h e Governor for t h e t ime be ing of t he said Colony to appoin t any one or more place or places wi th in t he same at wh ich any ma le offender who shall have been convicted the re in and shall be unde r any order or sentence of t r anspor ta t ion passed by any competent Cour t or any order made by the Governor for t he t ranspor ta ­ t ion of offenders in l ieu of capi ta l p u n i s h m e n t shall be detained a n d every such offender shal l be l iable to be kep t to h a r d labor at such place; of safe custody du r ing such period of his sentence or order of t r anspor ­ t a t ion as t h e said Governor shall order and direct Provided always t h a t all ma le offenders so detained shall be kep t a t such place or places u n d e r t h e charge of a c o m m a n d a n t or super in tenden t duly appoin ted by t h e said Governor and every such c o m m a n d a n t or super in tendent shall have t he same powers over such offenders as are incident to the; office of sheriff or gaoler and if any such offender shal l du r ing such custody be gui l ty of misbehaviour or disorderly conduct it shal l be lawful for such commandan t or super in tendent and he is hereby au thor ized and empowered to inflict on such offender such modera te p u n i s h m e n t as shall be allowed by any ru les or regula t ions to be from t ime to t ime made for t he m a n a g e m e n t and discipline of such offenders by the said Governor wi th t h e advice of t he Execu t ive Council and such c o m m a n d a n t or super in tendent shal l subject to such rules as aforesaid keep every offender to ha rd labor and duly provided wi th food and c lo th ing according to a scale to be set for th in t h e said rules Prov ided moreover t h a t it shal l be lawful for t he said Governor to deta in any such offender who m a y have been convicted of any bu rg la ry robbery or o ther cr ime a t tended wi th violence and unde r a sentence; en- order of t r anspor t a t ion in i rons or in separate confinement if deemed necessary for t h e safe cus tody of such offender.

3 . Prov ided always and be it enacted Tha t n o t h i n g here in

conta ined shall be deemed to apply to any person who shall have be;en born in t h e said Colony or i ts Dependencies or who shall have arr ived free the re in unless such person shall be convicted of a capital offence or have been previously convicted of a t r anspor tab le offence.

4. A n d be it enacted That i t shall be lawful for t he said Governor
from t ime to t ime to order a n d direct t h e removal of every such

offender from any such place of detent ion to ano ther as he in his

discret ion shall t h i n k proper .

5. A n d whereas for t he safe custody of offenders kep t a t any such place of de ten t ion as aforesaid i t is expedient to prohib i t all in ter­

course w i th such places except by persons du ly author ized by t h e said

Governor Be it therefore enacted T h a t it shall no t be lawful for any person whomsoever to approach be found a t or in any m a n n e r com­ mun ica t e w i th any place or places wi th in t he Colony of N e w South W a l e s or i ts Dependencies which shall have been appoin ted by the said Governor for t h e de tent ion of any such male offenders as aforesaid w i t h o u t t h e license or permiss ion of t h e said Governor be ing first had a n d obtained and any person or persons who shall approach be found a t or in any m a n n e r communica te w i th any such place or places as aforesaid wi thou t such permiss ion shall be gui l ty of a misdemeanor and u p o n conviction thereof before t h e Supreme Cour t or any other Cour t of competent jur i sd ic t ion w i th in t h e said Colony or i ts Depen­ dencies shall for every such offence be l iable to a fine or pena l ty not exceeding twenty pounds or to impr i sonment for any t ime not exceeding th ree calendar m o n t h s or to bo th a t t h e discretion of t he said Cour t P r o ­ vided a lways t h a t whenever any place shall be appointed for t h e deten­ t ion of male offenders as aforesaid t h e same shall be notified in t he New South Wales Government Gazette by order of t h e said Governor .

6. A n d be i t enacted Tha t every such offender unde r sentence
or order of t r anspor ta t ion shall while so detained a t h a r d labor as

aforesaid be subject to t he s u m m a r y jur i sd ic t ion of t h e Jus t i ces of t he

Peace and of t h e Pr inc ipa l Super in tenden t of Convicts in l ike m a n n e r

as offenders t r anspor t ed to N e w Sou th Wales are subject the re to .

7. A n d be i t enacted Tha t t he t ime du r ing which any offenders

shal l be detained as aforesaid unde r t h e provisions of th i s Act shall be t a k e n a n d reckoned in discharge or p a r t d ischarge of t h e t e r m of such offender's sentence or order of t r anspor ta t ion passed or m a d e wi th in t h e said Colony or i ts Dependencies a n d all such offenders shal l be subject as soon as H i s Excel lency t h e Governor shal l see fit to be t r anspor t ed to such place as m a y be duly established by proc lamat ion

for t h e t r anspor ta t ion	of offenders	for t h e res idue of	the i r respective!
sentences.

8. Provided however and be i t enacted T h a t n o t h i n g herein

conta ined shall be held or const rued to repeal or a l te r t he provisions of a n A c t of t h e Governor and Council of N e w South W a l e s passed in t he th i rd year of t he re ign of H e r present Majesty in t i tu led "An Act to " abolish the transportation of Female Convicts and to provide for the " more effectual punishment of Female Offenders within the Colony of

" of New South Wales."

9. Provided fur ther a n d be it declared Tha t n o t h i n g here in con­

ta ined shall be held to affect in any way the exercise of H e r Majesty 's

prerogat ive of mercy.

10. A n d be it enacted Tha t if any sui t or act ion shall be
prosecuted agains t any person for any t h i n g done in pu r suance of th is

A c t t he defendant m a y plead t h e genera l issue and give th is A c t and

flu; special m a t t e r in evidence at any trial to be had the reupon	a n d
t h a t t h e same was done by t h e au tho r i t y of th i s Ac t and if a	verdict

shal l pass for t he defendant or j u d g m e n t shal l in any m a n n e r be given

aga ins t t h e plaintiff t h e defendant shal l recover t reb le costs and have t h e l ike r emedy for t h e same as any defendants have by law in other cases a n d if a verdict shall be given for t h e plaintiff in any such act ion such plaintiff shall not; have costs against t h e defendant unless t he -Judge before w h o m t h e tidal shall be had shall certify his approbat ion

of t h e	verdict .
1 1 . A n d be it enacted Tha t th i s A c t shal l commence and t ake

effect from a n d after t he pass ing thereof and shal l thenceforward be

and cont inue in force for one year .