Male Convicts Punishment Act 1825 No 4a (NSW)

No. V.

An Act for the Summary Punishment of Mis­ behaviour or Disorderly Conduct in any Offender in the Service of Government or of any Inhabi tant in New South Wales or Van

Diemen's Land. [8th February, 1825.]

WH E R E A S Majesty K i n g George t h e F o u r t h in t i tu led "An Act for

by an Ac t passed in t h e fifth year of t he re ign of H i s

Transportation of Offenders from Great Britain" H i s Majesty is author ised to direct tha t male offenders convicted in Great Br i t a in be kep t to h a r d labor in any par t of H i s Majesty 's Dominions and t h a t such male offenders should be unde r t h e management of a super in tendent or overseer to be appointed as there in directed a n d fur ther t h a t such super in tendent should have t h e same powers as arc incident to t h e office of a sheriff or gaoler and if any offender as aforesaid should be gui l ty of any misbehaviour or disorderly conduct t h a t t h e super in tendent or overseer as aforesaid should have power to inflict or cause to be inflicted such modera te p u n i s h m e n t or correction as the re in allowed and fur ther t h a t such super in tendent should have power to act in every respect as a Jus t i ce of t h e Peace for t h e place in which such offender as aforesaid should be employed to b a r d labour A n d whereas it is expedient t h a t t h e powers a n d author i t ies in and by t h e said recited A c t vested in any such superin­ t enden t or overseer as aforesaid over any such offenders so to be k e p t to h a r d labor w i th in t h e Colony of New Sou th "Wales or t h e Dependencies thereof agreeably to t h e provisions of the said Ac t should be given and conveyed to t h e several and respective Jus t ices of t h e Peace w i th in t h e said Colony over every male offender convicted in Great Br i ta in or o ther pa r t s of H i s Majesty 's Dominions and t r ans ­ por ted to t h e said Colony or convicted in t h e said Colony of any oifence for which by law such offender would be subject to t rans­ portat ion

por t a t ion e i ther directly or by means of t h e condit ional mercy	of	t he
Crown	N o w therefore be i t enacted by H i s Excel lency t h e	Governor

of N e w Sou th Wales w i th t h e advice of t h e Council t h a t t h e several a n d respective Jus t i ces assigned to keep t h e Peace w i th in t h e Colony of N e w Sou th Wales and V a n D i e m a n ' s L a n d shal l have power and au tho r i t y in a s u m m a r y way to t ake cognizance of all a n d every compla in t m a d e against any male offender lor misbehaviour or disorderly conduct du r ing such his t e r m of t r anspor t a t i on or subs is t ing conviction w h e t h e r such offender be in t h e service of t h e Crown or of any i n h a b i t a n t of t h e said Colony or i ts Dependencies and u p o n con­ viction of any such offender as aforesaid to inflict or cause to be inflicted such modera te p u n i s h m e n t e i ther by sentencing such offender to be worked a t a publ ic t read-mi l l for any n u m b e r no t exceeding t en days or t o receive any n u m b e r n o t exceeding fifty lashes or t o soli tary confinement on bread and wa te r in any place appoin ted for safe cus tody for any t i m e no t exceeding seven days or to confinement

and h a r d labor for any t e r m not exceeding t h r ee calendar m o n t h s

according to t h e degree of t h e offence and as t h e same shal l appear in

jus t ice to deserve Provided a lways t h a t n o t h i n g here in contained

shal l be he ld to au thor i se any Jus t i ce or Jus t i ces of t h e Peace w i t h i n

t h e said Colony or i ts Dependencies to inflict any such p u n i s h m e n t as aforesaid u p o n any such offender w ho shal l or m a y have been assigned to a n d who shal l or m a y a t t h e t i m e of such misbehaviour or disorderly conduct be in t h e service of such Jus t i ce or Jus t i ces as aforesaid Provided also t h a t a quar te r ly R e t u r n of all Sentences

imposed by t h e said Jus t i ces respectively shal l be m a d e to t h e	Governor
or A c t i n g Governor for t h e t ime-be ing of	t h e said Colony or i t s

Dependencies Provided also t h a t t h i s Ac t or Ord inance shall be and cont inue in force for two years from and after t h e pass ing thereof and then shal l cease and de termine .