No. XII.
An Act for the punishment and transportat ion of
| Offenders in New South Wales. | [12th May, |
| 1830.] |
| |
| t r anspor t a t i on of offenders in N e w South Wales a n d its Dependencies | WH E R E A S it is expedient t h a t t h e several Laws | of | t he Governor and Council r e la t ing to | t he p u n i s h m e n t | and |
should be revised and amended and t h a t t h e same should be consoli dated in to one A c t Be i t therefore enacted by t h e Governor w i th t h e advice of t h e Legislat ive Counci l Tha t if any person or persons be ing unde r sentence for any felony or t r anspor t ab le offence shal l hereafter be convicted by due course of l aw in N e w South W a l e s of any offence which if t h e same were commit ted in E n g l a n d would subject t h e offender to be t r anspo r t ed such person or persons shal l be l iable e i ther to be t r anspor t ed to some pena l se t t lement w i th in t h e said Colony or i ts Dependencies or to be detained in t h e said Colony a n d kep t to labor or assigned to servi tude in l ike m a n n e r a n d subject t o t he l ike
| laws rules a n d regula t ions as t r anspo r t ed | offenders | or to be kep t | to |
| h a r d | labor | i n chains on t h e roads or publ ic works in any p a r t of | t h e |
said Colony (not be ing a pena l se t t lement) a t t h e discret ion of t h e Cour t or J u d g e before w h o m such person or persons m a y be convicted of such subsequent felony a n d for such t ime as such Cour t or J u d g e
| shal l order n o t exceeding t h e t ime for which any | such offender | m a y |
| for | such offence be t r anspo r t ed by law | Provided a lways t h a t | n o t h i n g |
here in conta ined shall r e s t ra in or be const rued to res t ra in t h e J u d g e or Cour t before w h o m any such offender or offenders shall be convicted from award ing any other p u n i s h m e n t to which he she or they m a y
| be | l iable | ins tead | of | t h e | p u n i s h m e n t | author ized | b y | th is | L a w | or |
Ordinance .
| 2. A n d whereas offenders f requent ly | escape from jus t i ce by |
reason of t h e difficulty of p rov ing a previous convict ion for felony in places beyond t h e seas for remedy whereof be i t fur ther enacted T h a t t h e p roduc t ion of t h e inden t or i n s t r u m e n t in wr i t i ng or an exemplified ex t rac t of so m u c h thereof as m a y be necessary for t h e purposes of th i s A c t from t h e office of t h e Colonial Secretary p u r p o r t i n g to conta in t he n a m e offence and t e r m of t r anspor t a t ion of any offender t r a n s por ted to t h e said Colony and to have been received from some place beyond t h e seas shal l a t t h e t r i a l of any such offender a n d u p o n proof
| t h a t | such inden t | or i n s t r u m e n t | in wr i t i ng h a t h been kep t | in | t h e | said |
| office | a n d | considered | as an au then t i c i n s t r u m e n t a n d | t h a t such | offender |
| arr ived in t he said Colony as a t r an spo r t and h a t h been r epu ted to | be |
and dealt w i t h as t h e person in such inden t or' i n s t r u m e n t ment ioned bo sufficient evidence for t h e purposes of th i s L a w or Ord inance of t h e previous convict ion of such offender a n d of t h e au then t ic i ty of such indent or i n s t r u m e n t in wr i t ing as aforesaid A n d if a n y clerk or other person shal l a l ter any indent or p roduce a t any such t r ia l as aforesaid any false or counterfei t indent or i n s t r u m e n t in wr i t ing or ex t rac t thereof as aforesaid knowing the same to be false or counterfeit, every such offender shal l be gui l ty of felony a n d being lawfully con victed thereof shal l be l iable a t t he discret ion of t he Cour t t o be t r anspo r t ed for the t e r m of seven years or t o be impr isoned for any
| t e r m no t exceeding two years and to be once twice or th r ice | whipped |
| (if | t h e Cour t shall so t h i n k fit) in addi t ion to such | impr i sonmen t . |
| 3. A n d be it further enacted Tha t if any person be ing under sentence for any felony or t r anspor t ab l e offence shal l be convicted | by |
due course of law in a s u m m a r y way before any Cour t of any crime or misdemeanor cognizable b y such Cour t such felon shal l be l iable to be t r a n s p o r t e d and k e p t t o labor for any t ime n o t exceeding three years or if a ma le to be kep t to h a r d labor in chains on the roads or pub l i c works in any p a r t of t h e said Colony (not be ing a pena l set t le m e n t ) for a n y t i m e no t less t h a n six no r more t h a n twelve m o n t h s or
| to be once twice or t h r i ce whipped b y t h e infliction | of | any n u m b e r or |
| lashes no t exceeding one h u n d r e d a t any one t i m e a n d if any such | felon |
shal l be convicted in a s u m m a r y way as aforesaid of d runkennes s dis obedience of orders neglect of work absconding from t h e service of his or he r m a s t e r or employer abusive l anguage or o the r disorder ly conduct such felon shal l be l iable if a ma le to be once twice or th r i ce whippe t by t h e infliction of any n u m b e r of lashes n o t exceeding fifty a t any one t i m e according to t h e n a t u r e a n d degree of t h e offence or to be k e p t in soli tary confinement on b read a n d water or to be worked on t h e t readmi l l for any t i m e n o t exceeding one calendar m o n t h or if a
| female to be commi t t ed | to t h e t h i r d or pen i ten t ia ry class of t h e | Female |
| F a c t o r y or to such | o the r place as shal l be du ly appoin ted for the |
cus tody of female offenders a n d t he r e k e p t t o labor for a n y t i m e not exceeding two years according to t h e n a t u r e and degree of her offence or in soli tary confinement on b read a n d wa te r for any t i m e not exceeding one ca lendar m o n t h A n d in every case in which any such w h i p p i n g or wh ipp ings shal l be ordered as aforesaid i t shal l be be t h e d u t y of t h e Chief or o ther Constable of such Cour t t h e same duly a n d sufficiently to inflict or cause to be inflicted u p o n pa in of forfeiting F o r t y Shil l ings over a n d above any o ther p u n i s h m e n t to which he may be l iable for every neglect of such du ty .
| 4. A n d be i t fu r ther enacted T h a t as often as any person or persons be ing u n d e r sentence for any felony | or | t r anspo r t ab l e | offence |
shal l be subsequent ly convicted of any felony or offence u n d e r th is law a n d shal l be adjudged a n d ordered to be pun i shed in pu r suance of t h i s L a w or Ord inance t h e t e r m or t ime of e n d u r i n g such subse
| quen t sentence shal l n o t be concur ren t w i t h | such | first | sentence b u t |
| shal l be in addi t ion to t h e same a n d every such offender | or | offenders |
shal l be fu r ther detained u n t i l he she or t h e y shal l have served the full t e r m a n d t i m e of b o t h sentences a n d so on as often as he she or t hey shal l be convicted of any such offence as aforesaid a n d shal l also be
| l iable to be dealt w i t h in al l respects as t r a n s p o r t e d | felons. |
| 5. A n d whereas i t f requent ly | happens | t h a t persons | unde r |
| sentence of t r an spo r t a t i on | or | de tent ion | a n d | servi tude | ei ther | wilfully |
disable themselves from work ing or designedly preven t or p ro t rac t t h e
cure of any disease or compla in t which t hey have contracted in order
to evade serv i tude Be i t therefore fu r ther enacted T h a t in case any person be ing u n d e r any such sentence as aforesaid shal l wilfully disable himself or herself or shal l designedly preven t or p ro t r ac t t h e cure of any disease or compla in t which he e>r she m a y have cont rac ted in order to evade servi tude every such offender be ing s u m m a r i l y convicted of such offence before any one or more J u s t i c e or Jus t i ces of t h e Peace shal l be l iable to be fu r ther deta ined or assigned for such a n d the l ike t i m e as such person shal l have been absen t a t hospi ta l or otherwise disabled from serving h is or he r m a s t e r or employer a n d in every such case a certificate unde r t h e h a n d of t h e pr incipal or o ther surgeon of t h e hospi ta l or dis t r ic t who shal l have the care of and a t t end ing u p o n such detained or assigned pe r son t h a t he or she h a d so wilfully disabled himself or herself or designedly prevented or p ro t rac ted his or he r cure of any such disease or com pla in t as aforesaid shal l be deemed sufficient proof of such offence.
| 6. | P rov ided a lways a n d be i t fur ther enac ted a n d declared | Tha t |
| no th ing hereinbefore conta ined | shal l re la te to free persons b u t | t h a t |
such
such persons shal l he deal t w i th as if so m u c h of th i s L a w or
Ord inance h a d no t passed.
| 7. A n d whereas i t f requent ly | happens | t h a t | t r anspor ted | felons |
abscond a n d absent themselves from service a n d canno t be apprehended unt i l t h e t e r m of t he i r t r an spo r t a t i on is expi red Be i t therefore enac ted T h a t as often as any person be ing unde r any sentence of t r anspo r t a t i on or de tent ion e i ther passed beyond t h e seas or in t h i s Colony or any of i t s Dependencies shal l abscond or absent himself or herself from t h e service of his or he r mas t e r or employer every such person shal l be l iable to be t r ied in a s u m m a r y m a n n e r by or before
| any Cour t or T r i b u n a l au thor ized by law to t ake cognizance of | offences |
commi t t ed by t r anspo r t ed offenders a l t h o u g h a t t h e t i m e of such tr ial such sentence m a y have expired and be ing lawfully convicted of such absconding shal l he l iable t o be de ta ined or ass igned and kep t t o labor for such and t h e l ike t i m e as such person absconded a n d was absent from t h e service of his or he r mas t e r or employer a n d shal l be subject a n d l iable to all such a n d t h e l ike p u n i s h m e n t s a n d to be deal t w i th
| in all respects as persons absconding d u r i n g any | subsis t ing | sentence |
| are l iable to by th i s L a w or | Ord inance . |
| 8. A n d be i t fu r ther enacted Tha t every sentence or order of t r ans por ta t ion passed or m a d e by due course of law u p o n any offender in | N e w |
| South W a l e s or i ts Dependencies shal l subject | such offender to be con |
| veyed to such pena l se t t l ement or place w i th in t h e said Colony a t | such |
| t i m e a n d in such m a n n e r as t h e Governor for t h e t ime-be ing shall | direct |
| a n d appo in t a n d t h a t every offender | shal l be detained a n d kep t a t such |
| pena l se t t l ement un t i l h e shal l have served such sentence | or shal l | be |
removed therefrom by lawful au tho r i t y a n d t h a t every sentence or order passed or m a d e for keep ing such offender as aforesaid to labor upon the roads or o ther publ ic works of t h e said Colony in pu r suance of th i s L a w or Ordinance shal l subject such offender to be placed a n d kep t t o labor u p o n such roads or publ ic works as t h e Governor for t h e t ime-be ing shal l from t ime to t ime direct a n d appoin t and such offender shal l be deta ined and worked in t h e m a n n e r au thor ized by th i s L a w or Ord inance upon such roads a n d publ ic works u n t i l he shall have served such sentence or shal l be removed from t h e same by lawful au tho r i t y .
| 9. A n d be | i t fur ther | enacted T h a t i t shal l be lawful for t h e |
Governor b y order in wr i t i ng duly m a d e for such purpose to cause any person or persons to be w i t h d r a w n from a n y pena l se t t l ement a n d to
| be removed to some o ther pena l se t t l ement wi thin t h e said Colony | for |
| t h e res idue of his he r or the i r sentence | of t r anspor t a t i on t o such | first |
| penal se t t l ement a n d t he r e k e p t t o | labor | in | l ike m a n n e r as if | h e | she |
| or | they | h a d | been or iginal ly t r a n s p o r t e d | to | such o ther | pena l | se t t lement . |
10. A n d be i t fu r ther enacted T h a t all persons who shal l have been or shal l be t r anspor t ed or removed as aforesaid to any penal se t t lement w i th in t h e said Colony shal l be unde r t h e cus tody and m a n a g e m e n t of a C o m m a n d a n t or Super in tenden t duly appoin ted for such purpose by t h e Governor for t h e t ime-be ing a n d every such C o m m a n d a n t or Supe r in t enden t shal l have t h e same powers over such
| offenders as are incident t o t he office of a Sheriff or Gaoler | A n d if |
| any offender shall d u r i n g such custody be gu i l ty of misbehaviour | or |
| disorderly | conduct | such | C o m m a n d a n t | or | Super in t enden t | shal l | be |
au thor ized to indic t or cause to be inflicted such modera te p u n i s h m e n t as shal l be allowed by publ ic p roc lamat ion or order to be m a d e for such purpose by the Governor a n d such C o m m a n d a n t or Super in tenden t shal l also du r ing such cus tody see every offender fed a n d clothed according to a scale of diet and c lo th ing fixed on and notified to such C o m m a n d a n t or Super in tenden t a n d shall keep such offenders to labor under such regula t ions direct ions and res t r ic t ions as by t he
Governor
| Governor shal l from t i m e to t i m e b y publ ic order be | prescribed | A n d |
in case of t h e absence of any such C o m m a n d a n t or Super in t enden t or of t h e vacancy of h i s office his dut ies and powers shall be exercised a n d discharged in all respects by t h e officer or person upon w h o m t h e
| c o m m a n d | of such pena l | se t t l ement | shal l | devolve. |
1 1 . A n d be i t fu r ther enacted Tha t i t shall be lawful for every
such C o m m a n d a n t or Super in tenden t a t every such pena l se t t lement as aforesaid a n d every officer or person upon w h o m t h e command of t h e same m a y devolve to act in every respect as a Ju s t i ce of t h e Peace duly n a m e d and qualified as a Jus t i ce of t h e Peace in a n d for such
| pena l | se t t lement . |
| 1 2 . | A n d be i t fu r ther enacted T h a t all persons w ho have | been | |
or shal l be ordered to be kep t t o labor on t h e roads or o ther publ ic works of t h e Colony shal l be unde r t h e custody and m a n a g e m e n t of an overseer who shal l be appoin ted for such purpose by the Governor for t h e t ime-be ing A n d every such overseer shall sec every such offender
| fed | a n d | clothed a n d k e p t t o labor | in l ike m a n n e r | and | u n d e r | such |
| regu la t ions | a n d res t r ic t ions | as hereinbefore are directed w i t h | reference |
| to persons t r anspor t ed to penal se t t l ements wi th in t h e said | Colony. |
| 1 3 . A n d be i t fur ther enacted T h a t every female | offender who |
shal l be commi t t ed to t h e Female Factory or o ther place appoin ted for t h e custody of female offenders shal l be unde r t h e cus tody a n d 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 appoin ted for such
| purpose by t h e Governor for t h e t ime-be ing | A n d | such m a t r o n | or |
| supe r in t enden t | shal l | observe | a n d | follow | such | ru les | regu la t ions |
a n d res t r ic t ions in respect of t h e care a n d keep ing of such female offenders as shal l be establ ished by the Governor in m a n n e r as afore said.
| 1 4 . A n d be i t fu r ther enac ted Tha t if any offender who | shal l |
| have been or who shal l be t r anspor t ed or removed to any pena l set t le m e n t or p u t to labor on t h e roads or o ther publ ic works in t h e said Colony or commi t t ed to t h e F e m a l e Factory shal l escape from such pena l se t t l ement or from such roads or publ ic works or from such Female Factory or o ther place appoin ted for t h e custody of females respect ively every such offender shal l upon summary conviction before any one or more J u s t i c e or Jus t i ces of t h e Peace be liable if a male to be once twice or th r ice whipped by t h e infliction of any n u m b e r of lashes n o t exceeding one h u n d r e d a t any one t i m e and shall be forth wi th t r anspor t ed to t h e place from which he escaped or some o the r pena l se t t l ement or if a female shal l be r e t u r n e d to t h e place from | which she escaped or such o ther place as aforesaid a n d kep t in sol i tary | confinement on bread and wa te r for any t ime n o t exceeding one |
| ca lendar m o n t h A n d every such offender shal l be detained u n t i l h e or she shal l have served t h e full measure a n d t e r m of all h is or h e r sentences as well as of t h e t i m e du r ing which he or she shal l have absconded and been absent Provided a lways t h a t n o t h i n g he re in conta ined shall be cons t rued to exempt any such offender so escaping |
| from a n y other p u n i s h m e n t to which he or she m a y be l iable b y | law. | |
| 15 . A n d be i t fu r ther enacted T h a t | twenty-four | hou r s | absence |
from any such penal se t t lement or roads or other publ ic works or such Factory or o ther place as aforesaid or from pr iva te service w i t h o u t due leave first h a d and obta ined for such purpose shal l be deemed a n escape or absconding wi th in t he m e a n i n g of th i s L a w or Ord inance a n d shal l r ende r such person so absent l iable to t he penal t ies thereof A n d if any mas te r employer super in tenden t or overseer shal l fail or neglect t o r epor t t o t h e Pr inc ipa l Super in tenden t of Convicts or t o t he neares t Mag i s t r a t e t h e absen t ing or absconding of any such person from his or her service or super in tendence wi th in th ree days after such escape or absconding as aforesaid such m a s t e r employer supe r in t enden t
or
or overseer shal l for every such failure or neglect forfeit a n d pay a s u m of no t less t h a n Ten P o u n d s nor more t h a n Twen ty P o u n d s to be recovered in a s u m m a r y way before one or more J u s t i c e or Jus t i ces of t h e Peace one moie ty of such fine to be for t he use of t h e K i n g and t h e o the r moie ty to t h e person or persons informing or su ing for the same.
16 . A n d be i t fur ther enac ted Tha t if any person shal l harbour or conceal any person unde r sentence for any felony or t ranspor tab le offence who may be il legally a t l a rge or shall seduce or inci te any such person to abscond or absent himself or herself from t h e service of his or he r mas t e r or employer every such person so offending shal l forfeit and pay for every such offence a pena l ty or s u m of not less t h a n Five P o u n d s nor more t h a n Twen ty Pounds to be recovered in a summary way before any two or more Jus t i ces of t h e Peace one moiety to be appropr ia ted to t h e K i n g and t h e o ther moie ty to t h e person who may first inform or sue for t h e same or if such offender shal l be a convict he shal l be l iable if a male to be once twice or th r ice whipped by the infliction of no t more t h a n fifty lashes a t any one t ime or to be worked upon t h e t read-mi l l for any t i m e not exceeding one ca lendar m o n t h
| or if a female | to be confined in t h e t h i r d or pen i t en t i a ry class of | the |
| F e m a l e | F a c t o r y | for | any | t e r m | n o t | exceeding | th ree | calendar | m o n t h s . |