Punishments in Lieu of Transportation Act 1847 No 34a (NSW)

No. XXXIV.

P unishments in A T l A

LIEU OF T banspob- to substitute other punishments for

TATION.

Transportation bejmnd the Seas.	[2uf/
Octoher, 1847.]

ri'oainblc.	\ \ f IIUKEAS impediments have arisen to the carrying into cxecu- M \ tion of sentences to transportation heyond seas passed
w ithin the Colony of New South Wales and it is expedient and necessary to make provision for the substitution in certain cases of

Oomts to have power other punislimcnts in lieu of actual transportation Be it therefore

on 7uhifc'works\h ̂ by Ilis Excellcucy the Governor of New South Wales with

lieu of transportation the advice and cousent of the Legislative Council thereof That where

any

1847. ir VIC. No. 34. 1765

JPunlshments in lieu o f Transportation.

any male oiTendcr shall now l)e under conviction or shall he hereal'hn’

convicted in any Court of coinpctcnt jurisdiction in New South AVah's

()1‘ any olFence now or hereafter punisliahle by law with transportation

it shall he lawful for such Court at its discretion cither to seutcnci'

such olTendcr to transportation for the term of lih' or of years as by

law in tha t behalf provided or in lieu thereof th a t ho be kept to hard

labor on the roads or otlier public Avorks of the Colony for such term

as the said Court shall th ink lit not being more nor less in any casĉ ,

than the periods next mcntioiu'd th a t is to say—in lieu of transpor­ tation for life a period of not less than seven years nor more than fifteen years in lieu of transportation for fifteen years or for any term not less than seven years and not exceeding fifteen years a period of not less than five years nor more than ten years and in lieu of trans­ portation for scA'cn years a period of not l(!ss tlian three years noi' mor(^ than five years and u]mn all convictions for perjury or for any :m,i in certain cases

felonv attended with violence to the nerson or committed bv t l u C " , . 1 -ji ir • " ■ r j. ‘ 1 ortendor sluill be kept

ollender wJien armed Avitli any oilensive Avx'apon or instrument or hy in irons ter a limited

means of any threat or by jmttiug in fear it shall be laAvful for tb e “"'‘''

Court before AAdiich any such conviction shall have been had to direct that the ofFendt'r shall Avhctlicr sentenced to hard lalior or to trans- ])ortation be kt'pt to hard labor in irons for any term not exceeding in any case the first three years of his sentence.

2. And be it enacted That it shall be hiAA ful for the GoAxrnor Governor to be em^

or officer administering the Covermm'nt of the Colonv in all cases iu to commute

vliic li he IS OL* sliaii*l)o aiithonzed on btuiali oi Her ALajesty to extendlaboioninibiicwoik ̂

mercy to any offender under sentence of death on condition of trans- ĵ t̂utioir

porfation to extend mercy in like manner on condition of such offender lieing kept to hard labor on the roads or other jmblie Avorks for such term as he shall think fit and also if he shall think proper to direct tliat any offender so ]iardoned Avhether on condition of transportation or of hard labor shall be kept to hard labor in irons for any term not ami to direct that

exceeding in any case the first three years of the term of transportation injron̂ foTâ '̂ imitê ̂

or of hard labor on condition Avhereof sucb olfender sball have been s o time,

pardoned and such extension of mercy At hetber on condition of trans­

portation or of hard labor shall be signified l)y the Colonial Secretary

to the Judge before Avhom such olfender Avas convicted Avho shall alloAt

such offender the benefit of a conditional pardon and shall make an

to be

kept to hard labor citber in or out of irons as the said Governor shall

have directed pursuant to tlie condition of such pardon and sucb

alloAvance or order shall be considered as and have the effect of a valid

sentence made and jiasscd hy the Court before Avhich such offemlcr

order thereupon for the transportation of such offender or for his being thê 'ifect oi' accordingly.

!j . vVnd be it enacted That Avhere any sentence of transportation now sentences of

shall haAU5 been or sball be passed by any Court of competent j urisdic- tion within the Colonv or Avlicre anv sentence of death shall have been t. t- ̂ ^

commuted to transportation or have' been remitted on condition oi' transf)ortation every olfiaider under such sentence or commutation or conditional remission shall be liable to be summarily tried punished and in all other respects dealt aa itli Avithin the said Colony as if he Avere an olfender transported to the Colony from England and aaJiosc term of transportation had not ex])ired or bef'u remitted and every olfi;nd(,'r iiow sentences to

sentenced to hard labor on the roads or other public AVorks or par­ doned on condition of being kejit to hard labor as aforesaid sliall in like manner be liable to be summarily tried ])unisbcd and dealt with during his term of punishment in all respetds as if ht^Averean offender transportt'd to this Colony from England Avhose term of sentence had

not

I7(]r> No. 34. l l '’ VIC. 1847.

Punishments in lieu o f Transportation.

How labor In irons	not expired or been i*emitted and every offender directed as aforesaid
tu be served.	to be kept to hard labor in irons for any term sball be liable during such last mentioned term to be summarily tried punished and dealt •with as if he had arrived in the Colony as a transported offender and had been sentenced to such labor in irons upon a subsequent convic­ tion w ithin the Colony of an offence punishable by the law of England with transportation.
(ioveinorempowevpd	p ^Viid bc it cnactcd Tliat it shall be lawful for the Governor or officer administering the Government of the Colony to grant to any pei’son under any sentence or order for transportation or of hard labor who shall have served on the roads or other public works of the Colony for not less than two years in any case a remission of the remainder of the term for which he shall have been so sentenced or ordered for transportation or hard labor on condition th a t he shall not remain in
cf.iui'uSon of cx'î ^̂

aiuito make rules for or comc Avitlun the Colony during the residue of his said term and it

remission of sentence ' ' ‘ shall be lawful for the said Governor to make such rules and regula­ tions as he shall th ink fit for the mitigation or remission conditional or otherwise of any sentence or order for punishm ent under this Act as an incentive to or reward for good conduct whilst the offender shall be serving under such sentence or order and to m itigate or rem it the term of punishm ent accordingly.

as an incentive to

good combuif.

Governor may

appoint places of	.“). And be it enacted That it shall be lawful for the Governor his oi’der in the Neic South. JVatrs (iorernment Gazette to appoint any one or more place or places w ithin the said Colony or its depen­ dencies at which male offenders convicted therein and under order or sentence of transportation oi‘ under any order or sentence passed in pursuance of the provisions of this Act shall be detained and every such olfender shall be liable to be kept to hard labor at such place or places during such period of the sentence or term of punishm ent as the said Governor shall order and direct.
detention for male	for the time being of the said Colony by any notice to be published by
odemlers.

Penalty on personsf). And be it enacted That it shall not be lawful for anv person

places witiioiit per- wliomsoevcr to 1)6 fouiid at ’or )iear or m any m anner communicate with any such place so appointed by the Governor w ithout the permission of the said Governor or some other proper officer first had and obtained and any person who shall he found at or near or in any m anner communicate with any such place as aforesaid without such permission shall be guilty of a misdemeanor and upon conviction thereof before the Supreme Court or any other Court of competent jurisdiction ivithin the said Colony or its dependencies shall for every such offence be liable to a fine or penalty not exceeding twenty pounds or to imprisonment for any time not exceeding three calendar months or to both at the discretion of the said Court.

Queen’s prerogative 7. Aud 1)6 it cuacted and declared That nothing in this Act

ak'eteiv

contained sliall or doth in any m anner affect H er M ajesty’s Royal

Prerogative of Mercy.

Ao. XXXY.