Transports' Sentences Remission Act 1838 No 5a (NSW)

1838. 2̂ VIC. No 1. 761

Transports' Sentences Remission.

A N N O SECUNDO

V IC T O R I iE REGINJE.

No, I.

An Act for the Conditional Eemission of

Sentences of Convicts transported to Norfolk

Island and Moreton Bay and to enforce the

conditions thereof. [26 /̂i June, 1838.]

"fATHEREAS it is expedient for the public service in New South Preamble.

V V Wales that Convicts transported under sentence of the Colonial

Courts or under commutation thereof to Norfolk Island or Moreton Bay whose conduct has been good since their removal to either of such places should obtain a remission of their sentences or terms of transportation upon condition of working in irons on the roads or public Avorks Avithin the located parts of the said Colony for a limited time and Avhereas the jioAvcr of keeping to hard labor in irons Avithin such parts of the Colony those Convicts Avhose Colonial sentence's or terms of imprisonment it may please His Excellency the Governor to remit as aforesaid requires to be confirmed by laAV Be it therefore enacted by His Excellency the Governor of N bav South Wales Avith the advice of the Legislative Council thereof That Avhen and as often as any Convict under sentence of transportation of any competent Court of the said Colony or whose sentence shall have been or may hereafter be commuted to that of transportation to Norfolk Island or Moreton Bay for seven years shall have served one year of such sentence or term of transportation and as often as any Convict under a like sentence or commutation thereof for fourteen years shall have served three years and as often as any Convict under a like sentence or commutation thereof for life shall have served five years and the said Governor shall in his discretion see fit to remit the remainder of the sentence or term of transportation of such Convict as aforesaid upon condition of Avorking in irons in the located parts of the said Colony for any shorter period of time than the unexpired remainder of any such sentence or term of transportation and not more than three years in the Avhole it shall and may be laAvful Governor to make

for the said Governor to alloAV to such convict the benefit of a Con- convicts from Nor-

ditional Pardon under and according to the terms of such condition f t i 'k i s l a n d o r m o i c -

and to make an order for the immediate transmission of such Convict k’cated̂ wrts of New

from Norfolk Island or Moreton Bay respectively to some other part AVaU-.s there to

of the Colony of New South TTales there to be dealt Avuth according irons oVtL‘‘road7or

to the tei'ms of such condition and every such order shall subject the

works,

persons respectively Avhose sentences or terms of transportation shall be so remitted to be conveyed to such part of the said Colony as is therein mentioned and dealt Avith for and during the time specified in such condition in like manner as persons under sentence of hard labor in irons on the roads or public Avorks thereof duly passed by any competent Court may be dealt with during the term of their sentences.

762 No. 2. VIC. 1838.

Police.

Convicts whose sen- 2. And be it further enacted That as soon as the sentence or tion a*re r e ^ t t e d ^ term of transportation of any convict shall be so remitted under the condition of working provisions of tliis Act all tlic provisions rules regulations clauses

and pubUc works to* authorities powci's penalties matters and things contained in any

bo subject to the Statute or Act of Council concerning the safe custody confinement custody and manage treatment and punishment of any offender undergoing a sentence of ment of offenders hard labor in irons on the roads or public -works of the said Colony

to such labor. shall extcncl and be construed to extend to every person whose sentence shall be so remitted during the time of the condition that shall be annexed to the same as fully and effectually to all intents and purposes as if such person had been serving a sentence of hard labor in irons pronounced by any competent Court.

Not to affect sen­	3. Provided always and it is hereby declared That notliing in
tences passed in

England or other	this Act contained shall affect any sentence or order of transporta^on
.	places out of the	to this Colony passed upon any offender in England or elsewhere but shall apply to those sentences only which have been or shall be passed by the Colonial Courts of New South Wales or any commutation of the same and provided also that nothing herein contained shall be con­ strued to alter or diminish the legal effect of a breach of the condition of any pardon or remission of sentence granted in virtue of this Act or to prevent the restoration of the party breaking any such condition to the operation of his original sentence in respect of which such condi­ tional pardon or remission of sentence shall be so granted.