Transportation Commutation Act 1851 (SA)

ANNO DECIMO QUINTO

V I C T O R I B REGINB.

No. 18.

An Act to provide for the commutation of Sentences of Trans-

portation; and 80 ssuhstitufc ImpT1:sonmen,t, with Hnrd Labor,

as a Punishment in lieu of Transportation, aad for the em-

ployment of Prisoners sentenced to hard Lahor. / - / 7

A-? 3- . /2s4,

[Assented to 2nd January, 1852.1

AS it is expedient to provide for the commutation of Preamble.

any sentence of transportation which may have been here- tofore pronounced, and not hitherto carried into efEect, and also to substitute imprisonment with hard labor as a punishment for those offences which are now by law punishable with transportation, and

to provide for the employment of any prisoners sentenced to hard

labor.

Be it therefore Enacted, by the Governor of South Australia, by Governor map com-

and with the advice and consent of the Legislative Council theroof, ~	~	~	~	~	$	~	~	.
that whenever any person shall have been heretofore sentenced to be transported beyond the seas, and such sentence shall not have been carried into efKect at the time of the passing of this Act, it shall be lawful for the Governor to commute such sentence into a sen- tence of imprisonment with hard labor, for any period not exceeding the period of such original sentence.

2. And be it Enacted, That whenever by law the punishment of	Sentence of imprison-
ment with hard lsbor

transportation beyond the seas is annexed to any offence, it shall be to be substituted for

D 1 ~awfiil ~ansportetioa

lawful for any Court having jurisdiction therein, and such Court is hereby required, to senterlce any person convicted of such offence to imprisonment with hard labor, for a space of time not exceeding

the period of transportation now bv law annexed to sue11 offknce.

Proviso for remission	3. And whereas it is expcdicnt, with a view to the orderly con- duet and reformation of persons sentenced to imprisonnlwt with hard labor, that power should be given to remit a portion of their sentence as a reward for good behaviour, Be it Enacted, That it shell be lawful for the Governor, by any regulations published in the South Australim Governwenl ~azekte, after the s m e sliall have been for three weeks laid upon the table of the Legislative Council, to provide for the rcniisaion of a part of any sentence of imprisonment with hard labor upon certain conditions in such regulations to be specified, and upon compliance with such conilitioiis to rcnlit such portion of any sentence as in sucll regulations specified: Provided that no such regulation shall authorise any remission to be grauted until the expil.atlon of at least one third part of the time of ally senteilce to be reinitted; and that no such s l d l autlm- rise the fi-ec pmdon of any convict until after tlw expiration of at least one half of the term of the sentence of such convict.
of part of senterrce.
Convicts to bc cm-	4. And be it Enacted, That it &l1 and may be 1nmfb.l for the imprisolmmit with 1inrd labor, and to divide tllc sai cl p i soners into such number of workir~g parties as to lliin shall seem desirable, aud from time to time to appoint such workir~g parties to labor at such portions of the public works of'this Colouy, as lie shall for the time being deem most advanta~geous, under such regulations as lie sllall deem fit to prescribe, with the advice of the Executive Council: but not on pulnlic roads where the prisoners would be associated with free labourers.
ployed on public roads
at the discretion of	Lieutenant-Goveriior to eniploy such prisoners uiltler sentencch of
the Governor.

JOHN MOPLPHETT, Speaker,

Passed the Legislutive Cozincil this Twnty-	ninth day qf December, One Thou-
sand Eight Hundred aud Fijtj- 1 one.

WM. B. GILBERT,

Pro Clerk of Council.

In the name and on the behalf of Iier Majesty I assent to this Act I

E-I. E. F. YOUNG,

Lieutenant-Governor

Government House, Adelaide,

2nd January, 1852.

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Aus~atos ; Printed by authority br W. C. COX, Govcment Printer,