Imperial Capital Punishment Abolition Act Partial Re-enactment Act 1845 No 11a (NSW)
No. X I .
An Act to adopt certain provisions of an Act of
the Imperial Parliament intituled " An Act for
" taking away the punishment of Death in certain
" cases and substituting other punishments in lieu
" thereof" [27th October, 1845.]
| " An Act for consolidating and amending the Laws in England relative | WHEREAS by an Act of Parliament passed i n the eighth year of the reign of His late Majesty King George the Fourth intituled | |
| " to malicious Injuries to Property " it was amongst other things | ||
| enacted that i f any persons riotously and tumultuously assembled t o g e | ||
| ther t o the disturbance of the public peace should unlawfully and | ||
| with force demolish pull down or destroy or begin t o demolish pull down o r destroy any church o r chapel o r any chapel for the r e l i g i o u s | ||
| worship of persons dissenting from the United Church of England a n d | ||
| Ireland duly registered o r recorded o r any house stable coach-house | ||
| out-house warehouse off ice shop mill malt-house hop-oast bam or | ||
| granary or any building o r erection used i n carrying o n any trade o r manufacture or any branch thereof o r any machinery whe the r fixed o r moveable prepared for o r employed i n any manufacture or i n a n y branch thereof o r any steam engine o r other engine for sinking drain ing o r working any mine o r any staith building o r erection used i n conducting the business of any mine or any bridge waggon-way o r trunk for conveying minerals from any mine every such offender should b e deemed guilty of felony and being convicted thereof should suffer death as a, felon and that i n case of every felony punishable under that Act every principal i n the second degree and every a c c e s sory before the fact should b e punishable with death o r o t h e r w i s e | ||
| i n the same manner as the principal i n the first degree was b y that | ||
| Act punishable and whereas it is expedient that the said last men tioned offences should b e n o longer punishable with death Be it therefore enacted by His Excellency the Governor of New South Wales wi th the advice and consent of t h e Legislative Council thereof That from and after the passing of this Act i f any person shall b e con victed of any of t h e said offences hereinbefore last specified whe the r as principal o r as principal i n the second degree o r as accessory before the fact such person shall not b e subject to any sentence judgment o r punishment of death but shall instead of the sentence o r judgment i n and b y the said Act of Parliament hereinbefore last recited ordered t o | ||
|
mentioned offences or away of them respectively he liable at the discre tion of the Court to be transported beyond the seas for any term not less than seven years or to be imprisoned for any time not exceeding
three years.
2. And be it enacted That in awarding the punishment of im prisonment for any offence punishable under this Act it shall be law ful for the Court to direct such punishment to be with or without
hard labor in the common gaol or house of correction and also to
direct that the offender shall be kept in solitary confinement for any portion or portions of such imprisonment whether the same be with or without hard labor not exceeding one month at any one time and not exceeding three months in any one year as to the Court in its dis cretion shall seem meet.3. And be it enacted That nothing in this Act contained shall be construed to extend to the alteration or repeal of any of the powers provisions or regulations contained in an Act passed by the Governor and Legislative Council of New South Wales in the fourth year of the reign of Her present Majesty Queen Victoria intituled " An Act for
" the regulation of Gaols Prisons and Houses of Correction in the Colony
" of New South Wales and its Dependencies and for other purposes
" relating thereto.'"
0
0
0