No. V.
An Act for the Transportat ion of Offenders to Penal Set t lements and for the more effec tual Pun i shment and Security of the same.
[16th August, 1826.]
| WH E R E A S by an A c t of | " punishing offences committed by Transports kept to labor in the |
| P a r l i a m e n t | passed | in t h e s ix th year of |
| t h e re ign of H i s present Majes ty | in t i tu led | " An | Act | for |
" Colonies and better regulating the poivers of Justices of the Peace in " New South Wales " H i s Majesty is empowered to issue a n Order in Counci l to au thor i se t h e Governors for t h e t ime-being adminis te r ing
| or P l an t a t i ons to appoin t t h e place or places w i th in H i s Majesty 's Dominions to which any offender convicted in such F o r e i g n Possessions | Colonies |
| t h e Gove rnmen t of any of | H i s Majes ty ' s Fore ign Possessions Colonies |
Colonies or P l an t a t i ons and being unde r sentence or order of t r anspor t a t ion shal l be sent or t r anspor t ed A n d whereas in pu r suance of t he
| said A c t of P a r l i a m e n t | by an Order | of H i s Majesty | in Counci l | bear ing |
| da te a t Car l ton H o u s e t h e eleventh | day | of | November | one | t h o u s a n d |
| e ight h u n d r e d and twenty-five | i t | is ordered | t h a t | t h e " Governors or |
| " | o ther persons for t h e t ime-being admin is te r ing t h e Governmen t | of any |
| " of H i s Majesty 's | Foreign | Possessions | Colonies or P l an t a t i ons | shal l |
| " from t ime to t i m e by Proc lamat ions | to be by t h e m respectively for |
" t h a t purpose issued appoint t h e place or places wi th in H i s Majes ty ' s " Dominions to which any offender convicted in any such Po re ign " Possessions Colonies or P l an t a t i ons as aforesaid and being under " sentence or order of t r anspo r t a t i on shal l be sent or t r a n s p o r t e d " A n d whereas in pu r suance of t h e said Order in Counci l and in exercise of t he powers t he reby vested in t h e Governor of N e w Sou th W a l e s
| H i s Excel lency t h e said Governor issued his P roc lamat ion bear ing | date |
| t h e fifteenth | day of A u g u s t | i n s t an t | a n d | thereby | appointed P o r t Mac - |
quar ie M o r e t o n Bay a n d Norfolk I s l and to be t h e places t o which offenders convicted in New Sou th Wales shal l be sent or t r anspor ted . A n d whereas it is expedient t h a t no ship or t r a d i n g vessel should be pe rmi t t ed to enter or touch a t or hold in tercourse w i t h any such place or places so appointed by t h e said Governor for t h e t r ans por ta t ion of offenders in pu r suance of t h e said Order in Counci l Be
| it therefore enacted by H i s Excel lency t h e Governor | of N e w South |
| wales | w i t h t h e advice of | t h e Legislat ive Counci l | T h a t i t shal l n o t be |
lawful for any mas te r mar ine r or o ther person c o m m a n d i n g nav iga t ing or sail ing in any ship vessel or boat to en te r touch a t or communica te w i th any such place or places so appoin ted by t h e said Governor for t h e t r anspor t a t i on of any offender or offenders unde r sentence or order
| of t r anspor t a t i on | m a d e | or t o be m a d e by any Cour t | or | competen t |
| au tho r i t y in N e w Sou th Wales | w i t h o u t | t h e | license | or | permiss ion in |
wri t ing of t h e said Governor be ing first h a d a n d obtained for such purpose and any person or persons who shall en ter t ouch at or com munica te w i t h any such place or places as aforesaid shall be gui l ty of a misdemeanor and upon being thereof du ly convicted before t h e Supreme Cour t of N e w South Wales shall for every such offence incur a n d be l iable to a tine not exceeding One H u n d r e d P o u n d s or to
| impr i sonment for any t i m e not | exceeding one year or to bo th | a t t h e |
| discret ion of t h e said | Cour t . |
2. A n d be i t fur ther enacted Tha t all persons who have here to
fore been t ranspor ted or sent t o any place in New Sou th W a l e s or t h e
| Dependencies thereof respectively unde r or in pu r suance or in execut ion | of any sentence or order of any Cour t or competen t au tho r i t y in N e w |
| Sou th W a l e s shal l henceforth be subject and liable to all such laws |
| rules and regula t ions as are or shal l be in force | in N e w Sou th | W a l e s | |
| or t h e Dependencies thereof w i t h respect t o Convicts hereafter t r ans por ted to any such place as aforesaid a n d all officers .Justices of t h e Peace a n d o ther persons whatsoever shal l be and they are hereby absolutely indemnified of from and agains t a l l ind ic tments informat ions |
| sui ts act ions and demands whatsoever which | shal l or may be b r o u g h t | |
| or ma in ta ined agains t t h e m or any of | t h e m | in | N e w Sou th | W a l e s or | |
| t he Dependencies thereof for or in respect of any act m a t t e r or t h i n g by t h e m or any of t h e m done or performed in enforcing aga ins t any such persons so t r anspor ted or sent to any place in New Sou th W a l e s or V a n Diemen ' s L a n d or any of t he Dependencies thereof respectively any of t h e said laws rules and regula t ions and i t shall and m a y be lawful for t h e defendants in any such ind ic tments informations sui ts or act ions to plead t h e general issue and to give th i s Ac t and the special matter in evidence upon t h e trial of any such issue and if a verdic t shal l be given for any such defendant or defendants in any |
such
| such ind ic tments informat ions sui ts or act ions such defendant | or |
| defendants | shal l | t he r eupon | he | ent i t led | t o | en te r | u p | j u d g m e n t | w i t h |
double costs of sui t .
| 3 . A n d be i t fu r ther | enacted T h a t every sentence of | t r anspor t a t ion |
or removal passed or t o be passed on any offender in any Cour t of competen t jur i sd ic t ion in N e w Sou th W a l e s and every order for t r ans
| por ta t ion m a d e or to be m a d e by t h e Governor | of | N e w | Sou th | Wales |
for t h e t ime-being as a commuta t i o n for or instead of capi ta l pun i sh m e n t shal l subject t h e offender to be conveyed to such of t h e said places as t h e said Governor for t h e t ime-being shal l direct a n d appo in t a n d t h a t i t shal l be lawful for t h e said Governor to cause every such sentence or order of t r anspor t a t i on or removal as aforesaid to be carr ied in to effect a t such t i m e and in such m a n n e r as t h e said Governor for t h e t ime-being by any Order or Orders in such case m a d e shal l direct.
| 4 . | A n d be it fu r ther | enacted w i t h t h e au tho r i t y | aforesaid | T h a t |
in all cases in which t h e Cour t s of K i n g ' s Bench Assize and Gaol Delivery or of Q u a r t e r Sessions in E n g l a n d are au thor ised to pun i sh
| offenders | by impr i sonmen t | and h a r d labor i t shal l be lawful for t h e |
| J u d g e s or any one J u d g e of | t h e | Supreme | Cour t | a n d for t h e | Jus t i ces |
| in Q u a r t e r Sessions in t h e said Colony t o condemn offenders | of t h e |
| same degree to serve | t h e | Governor or A c t i n g Governor for t h e t ime- |
| being or his assigns in N e w Sou th W a l e s for t he same | t i m e a n d | u n d e r |
| t h e same ru les as if such offenders had been t r anspor t ed from | E n g l a n d |
| or to impr i sonmen t a n d h a r d labor or t o | h a r d labor | in | i rons | on | t h e |
h i g h roads or on o the r publ ic works in t h e said Colony and t h e said Governor or Ac t ing Governor shal l order t h e said sentences respec t ively to be carr ied in to effect u p o n repor t s thereof be ing m a d e in t he
| u sua l m a n n e r | by t h e J u d g e s or any J u d g e of t h e said Sup reme | Cour t |
| or by t h e C h a i r m a n | of t h e Sessions | respectively. |
| 5. P rov ided t h a t all persons bo rn in t h e said Colony or wh o have come in to t h e same free shal l for the i r first offence be ing of | t h e |
degree as aforesaid be liable to impr i sonmen t and h a r d labor w i t h i n pr i son walls only or t o be kep t in t h e ord inary employment of t h e Crown or of t h e assignee or assignees of t h e Governor or A c t i n g Governor and to be subject to t h e s u m m a r y jur i sd ic t ion of J u s t i c e s of t h e Peace in l ike m a n n e r as if such persons as last aforesaid h a d been
| t r anspor t ed | from | E n g l a n d . |
| 6. A n d be i t fur ther enacted Tha t it shal l be lawful for t h e said Governor or A c t i n g Governor by an Order in wr i t i ng regis tered in t h e Office of t he Secretary of t h e said Colony to w i thd raw any person or persons now or hereafter t o be t r anspor t ed or sent t o any P e n a l Se t t l ement or place as aforesaid and to employ h im her or t h e m ei ther in i rons on the pub l i c roads or works or in t h e ord inary service of t h e Crown or to assign h i m her or t h e m to set t lers or o thers to be deal t wi th in all respects as if he she or they were unde r sentence of |
| t r anspor t a t i on | from | Eng land . |
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