Transportation Commutation Act 1854 (SA)

No* 3.

Art Act to repeal An Act to provide for the Commutalion of

Sentences of Transportation, and to substitute Imprisonment

with Hard Labor as a Punishment in lieu of Transporta- tion, and for the employment of Prisoners sentenced to Hard Labor," and to substitute other provisions in lieu thereoJ. O d ' , #,, -4 'd -87

[Assented to, 9th October, 1854.1 3 .-: - _-_-A- "PJC-

HEREAS an Act was passed in the fifteenth year of the reign Preamble.

of Her present Majesty, intituled An Act to provide for the 15th Vict., No. 18.

W-

Commutation of Sentences of Transportation, and to substitute

Imprisonment with Hard Labor as a Punishment in lieu of Trans-

ortation, and for the employment of Prisoners sentenced to Hard

Eabor :" ~ n d whereas, by reason of the discontinuance of trsna-

portation as a punishment for offenders, the number of Prisoners

confined in the Gaols of the Province hitth greatly increased,

and may be expected further to increase; and it is expe-

dient to provide more effectually for the safe custody, discipline,

and government of such Prisoners: And, whereas, it is also

expedient to give a power to the Courts of the Province in

sentencing Prisoners, to define and prescribe the nature of the

imprisonment to which such Prisoners may be sentenced, and

for that purpose, to repeal the said Act--Be it therefore Enacted b

the advice and consent of the Legislative Council thereof, as	the Lieutenant-Governor of the Province of South Australia, wit c
follows:

1. From and after the passing of this Act, the said Act "To Repeal of Aot lbth Vict., No. 18.

provide for the Commutation of Sentences of Transportation, and to substitute Imprisonment with Hard Labor as a Punishment in lieu of Transportation, and for the employment of Prisoners sentenced

D to

to Ehrd Labor" shall be, and the same is, hereby repealed, excepting

+as regards anything heretofore lewfully done, or sent6nced to be

done, under the authority thereof.

Bbatsw of penal

lrvrlrade iaatelwt of 2. Whenever, before the pwsing of the said Act, the punishment

Wmq&atinn.	of transportation beyond the seas was by h w annexed to any
offence, ~t shall be lawful for any Court having jurisdiction therein,
to sentence any person convicted of such offence, to be kept in penal ~lemitude for such term m in this Act is awarded, in lieu of
transportation,
T-ofpendmrvi-

tode to be awarded. 3. The term of penal servitude to be awarded, instead of the

term. of transportation to which any offinder would have been liable

if the said Act had not been passed, shall be as follows, that is to

say-

Instead of transportation for seven yenrs, or for a term not exceeding seven years, penal ser&ude for the term of four years.

Instead of transportation for any term exceeding seven years and not exceeding ten years, penal servitude for any term not less than four and not exceeding six years.

Instead of trausportation for m y term exceeding ten years and

not exceeding fifteen years, penal servitude for m y term not

les8 than six and not exceeding eight years.

Instead of transportation for any term exceeding fifteen yeam, penal servitude for not less t h m eight and not exceeding ten years.

Inatead of transportation for the term of life, penal servitude for

the term of life.

And jn any ease where, at the discretion of the Court, one of any two or more of the terms of transportation hcreiiibcfore-mentioiled

might have been awarded, thc Court shall have the like discretion

renona asnrancea to to award one of the two or more terms of penal servitude herein- before mentioned in relation to such terms of transportation.

nrrl servitude to 1m 4. Every person who, under this Act, shall be sentenced or

in primn, ordered to be kept in penal servitude, and every person who, under

Or

pointed by plam Governor. the mid Act, shall have been sentenced to imprisonment with hard Inbor, may, during the term of the sentence or order, be kept in such Labor Piison, or other place, and employed in such manner and upon such works as the Governor, with tile advice of his Executive Council, may, from time to time, direct, or as may be pre- scribed by any regulation 'to be publislled in manner hereinafter directed; but not upon public roads, which have been used for traffic, or in any place where the pcrm11sso sentenced would be employed with free laborcrs.

Cfoyernor mar m- 6. It shall be lawful for the Govertlor to appoint o w or more

etrim Oadr or Aisons

t0 bahbor fib^. G:aols

Gaols or P r i m to be Lttbor Prisom, to be used f"ar the co&e-

men* and empioyment of any pparsons who may be so sentenced *, bs kept in penal servitude, or who may haw been ~entenced Dd imprimnmsnt with hard labor under the said Act, and to place

such Prisons under the control and su erintendewe of a Comptrolikr

Prisons, as may be necessary or expedient; and, aRer any gaol	of Convicts, and to appoint such gso ers and other officers for such P
or prison shall, by Proclamation in the 8outh tfustratian Govern- ment Gazetm, be declared and notified to be a Labor Prison, the same shall no longer be under the charge,-are, and direction of the Sheriff of South Australia, and the Pr~soners for the time being confined therein shall not be deemed to be in the custody of
the said Sheriff; but such Gaols or Prisons shall, in all other respects,
be subject to the provisions of an Ordinance passed in the sixth year of the Reign of Her present Majesty, intituled An Act for the Regulation of Gaols, Prisons, and Houses of Correction in South Australia."

Prisoners mntenoed to

The Sheriff of the said Province shall, upon receiving any order to that effect from tlie Governor, deliver any person so sentenced

penal servitude to hr

delivered to custody of Comptroller of

to be kept in penal servitude, or to imprisonment with hard labor,

Canvicte.

and named in such order, to the Comptroller of Convicts, together with a true statement, attested by such Sheriff, of the sentence ar order of the Conrt, by which such offender was sentenced to penal servitude, or imprisonmeilt with linrd labor; and such Comptroller

shall give a receipt, in writing, to the said Sheriff for his discharge.

7. Within any Labor Prison, or other place as aforesaid, the Comptroller of Convicts sliall hnvc, possess, and be liable to, the

victs to have power of Comptroller of G n -

Sheriff within Labor

same rights, powers, responsibilities and duties, which are possessed

Prisons.

by, or attached to, the said Blreriff in Gaols and Prisous within the

said Province.

6.

8. It shall be lawful for the Governor. wit11 the advice of his	of Executive Council,
Governor, with advic~

Executive Council, b al? reguiations to .tnr %om time to time may frame regulrr\ionr

n - u p the &'orrli?A?*stralim 6'oz.ernment Gazette, to prescribe for government of Labor Prisons.

a-rect the time aud manner of employing the p2rsons con-

fined in anv Labor Prison. or other ulace under the authoritv .I hereof, and to provide for their safe eu&ody, management, and dis- cipline therein, and to give to snch Conlptroller of Convicts :my of the powers of a Visiting Justice within any such tabor Prison, or other place, and to provide for the remission of any part of tlle sentence of any such pers{m upon certain conditions; arid to provide for the due order, control, and goveriment of such Prison; and in such regulations to direct the said persons to be kept in separate or solitary confinement.

9. r\Sothi~.lg herein contained s h d interfere with or itffect tlie Discretion ~ F C o w l *

as to tdtaration of

authority or discretiou of any Court, in respect of any punisl~nlent l,,,,, irhmt;nt, be

the said Court might*, prior to the p s s i i ~ g of the sixid Act, atfectrl.

have awarded or passed, or nay now award or pass, on any offender

other

other than traa rtation ; but where such o h r punishment may

be awarded, at r e dkretion of the Court, instead of transportation,

or in addition thereto, the same may be awarded, instead of, or (as

the case may be) in addition to, the puni~hrnent substituted for

t;ranaportation under this Act.

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Adelaida : Printed br authoriv by W, C, Cos, Qoternment Printer, Victorhiqulua