CONVICTIONS-PUNISHMENTS. 16 and 17 Vic. c. 99.] To substitute, in certain cases, a 16 & 17 Vic. punishment in lieu of transportation. BRIT. [August 20, 1853.] 16 and 17 c. 99.] Whereas, by reason of the difficulty of transporting offenders beyond the seas it has become expedient to substitute, in certain cases, other punishment in lieu of transportation, Be it therefore enacted as follows: c. 99. British stat. 1853. to be sen tion except 1. After the commencement of this act no person shall be No person sentenced to transportation, who if this act had not been passed tenced to would not have been liable to be transported for life, or for transportat a term of fourteen years or upwards; and no person shall be for life, or sentenced to transportation for any term less than fourteen or upwards. years. for 14 years penal servi 2. Any person who if this act had not been passed might Sentence of have been sentenced to transportation for a term of less than ude instead fourteen years shall be liable at the discretion of the court, of transporto be kept to penal servitude for such term as hereinafter men- less than 14 tioned. tation for years. liable to tion for 14 years or 3. Any person who if this act had not been passed might Persons have been sentenced to transportation for a term of fourteen transportayears or upwards, or for life, shall after the commencement of this act, be liable, at the discretion of the court to be sentenced either to such transportation for fourteen years or upwards, or for life, or be kept in penal servitude for such term as under this act may be awarded instead of such transportation. upwards, or still be sentransporta for life, may tenced to tion, or to penal servitude instead. Terms of tude which awarded in 4. The terms of penal servitude to be awarded instead of the transportation to which any offender would have been liable if penal servithis act had not been passed shall be as follows, that is to say::-are to be Instead of transportation for seven years, or for a term stead of the not exceeding seven years, or for a term not exceeding present seven years, penal servitude for the term of four years. Instead of any term of transportation exceeding seven years, and not exceeding ten years, penal servitude for any term not less than four, and not exceeding six years. Instead of any term of transportation exceeding ten years and not exceeding fifteen years, penal servitude for any term not less than six, and not exceeding eight years. Instead of any term of transportation exceeding fifteen years, penal servitude for any term not less than six and not exceeding ten years. Instead of transportation for the term of life, penal servitude for the term of life. terms of transportation. c. 99. 16 & 17 Vic. And in every case where at the discretion of the court, one of British stat. any two or more of the terms of transportation herein before mentioned might have been awarded, the court shall have the like discretion to award one of the two or more terms of penal servitude herein before mentioned in relation to such terms of transportation. 1853. Conditional pardons to with refer ence to the punish cases of transporta tion. 5. Whenever her majesty or the lord lieutenaut, or other be allowed chief governor or governors of Ireland for the time being, shall be pleased to extend mercy to any offender convicted of any substituted offence for which he may be liable to the punishment of death, ment, as in upon condition of his being kept to penal servitude for any term pardons on of years or for life, such intention of mercy shall have the same condition of effect and may be signified in the same manner, and all courts, justices, and others shall give effect thereto and to the condition of the pardon in like manner as in the case where her majesty, or the lord lieutenant or other chief governor or governors of Ireland for the time, is or are now pleased to extend mercy upon condition of transportation beyond the seas, the order for the execution of such punishment as her majesty, or the lord lieutenant or other chief governor or governors of Ireland for the time being, may have made the condition of her, his, or their mercy, being substituted for the order for transportation. Persons under sen tence or order of penal servi tude, how be dealt with. 6. Every person under this act who shall be sentenced or ordered to be kept in penal servitude may, during the term of the sentence or order, be confined in any such prisonor place of conto finement in any part of the united kingdom, or in any river, port, or harbour of the united kingdom, in which persons under sentence or order of transportation may now by law be confined, or in any other prison in the united kingdom, or any part of her majesty's dominions beyond the seas, or in any port or harbour thereof as one of his principal secretaries of state may from time to time direct, and such person may during such term be kept to hard labour and otherwise dealt with in all respects as persons sentenced to transportation may now by law be dealt with while so confined. All acts, &c., concerning convicts to transpor tation, this act. 7. All acts and provisions of acts now applicable with respect to persons under sentence or order of transportation shall, so far sentenced as may be consistent with the express provisions of this act, be construed to extend and be applicable to persons under any cable for the sentence or order of penal servitude under this act; and all the purposes of powers and provisions contained in the act, 5 Geo. IV. c.84, authorizing the appointment by her majesty from time to time of places of confinement as therein mentioned for male offenders under sentence or order of transportation, and authorizing her majesty to order male offenders convicted in Great Britain and under sentence or order of transportation to be kept to hard labour in any part of her majesty's dominions out of England, c. 99. British stat. 1853. shall extend and be applicable to and for the appointment by her 16 & 17 VIC majesty of like places of confinement in any part of the united kingdom for offenders (whether male or female) sentenced under this act in any part of the united kingdom, and to and for the ordering of such offenders to be kept to hard labour in any part of her majesty's dominions out of England; and all the provisions of the said act concerning the removal to or from and confinement in the places of confinement in or out of England appointed under the said act, of the offenders therein mentioned, and all acts and provisions of acts now in force concerning or relating to the regulation and government of such places of confinement and the custody, treatment, management, and control of or otherwise in relation to the offenders confined therein, shall so far as the same may be consistent with the express provisions of the act, extend and be applicable to and for the removal to and from and confinement in the places of confinement appointed under this act of the offenders sentenced in any part of the united kingdom, and otherwise be applicable to and in respect of such places of confinement, and the offenders to be confined therein. licenses to to convicts tence of 9. It shall be lawful for her majesty by an order in writing Her majesty under the hand and seal of one of her majesty's principal may grant secretaries of state, to grant to any convict now under sentence be at large of transportation, or who may hereafter be sentenced to under sentransportation, or to any punishment substituted for transportation transportaby this act, a license to be at large in the united kingdom and into. the channel islands, or in such part thereof respectively as in such license shall be expressed during such portion of his or her term of transportation or imprisonment, and upon such conditions in all respects as to her majesty shall seem fit, and it shall be lawful for her majesty to revoke or alter such license by. a like order at her majesty's pleasure. Holder of to be im 10. So long as such license shall continue in force and un- license not revoked, such convict shall not be liable to be imprisoned or prisoned, transported by reason of his or her sentence, but shall be allowed &e, by to go and remain at large according to the term of such his sen licence. reason of tence. If license convict may committed 11. Provided always, That it shall please her majesty to revoked, the revoke any such license as aforesaid, it shall be lawful for one of be appreher majesty's principal secretaries of state, by warrant under his hended and hand and seal, to signify to any one of the police magistrates of to prison the Metropolis that such license has been revoked, and to require such magistrate to issue his warrant under his hand and seal for the apprehension of the convict to whom such license was granted, and such magistrate shall issue his warrant accordingly, and such warrant shall and may be executed by the constable to whom the same shall be delivered for that purpose in any part of the united kingdom, or in the Isles of Jersey, Guernsey, Alderney, or Sark, and shall have the same force and effect in c. 99. 1853. 16 & 17 Vic. all the said places, as if the same had been originally issued or British stat. subsequently endorsed by a justice of the peace, or magistrate, or other lawful authority having jurisdiction in the place where the same shall be executed; and such convict when apprehended under such warrant shall be brought, as soon as he conveniently may be, before the magistrate by whom the said warrant shall have been issued, or some other magistrate of the same court, and such magistrate shall thereupon make out his warrant under his hand and seal for the recommitment of such convict to the prison or place of confinement from which he was released by virtue of the said licenser, and such convict shall be so recommitted accordingly, and shall thereupon be remitted to his or her original sentence, and shall undergo the residue thereof as if no such licence had been granted. larceny after pre Persons 12. No person shall after the commencement of this act, be convicted of liable to be transported by reason only of a conviction for larceny after a previous conviction for felony, but every such person so viction for convicted may be punished by penal servitude for any term not to be trans- less than four years and not more than ten years. vious con felony, not ported. Discretion of courts as to alterna ments not tive punish to be affected. Transportation to include banishment. 14. Provided also, That nothing herein contained shall interfere with or affect the authority or discretion of any court in respect of any punishment which such court may now award or pass on any offender other than transportation, but where such other punishment may be awarded at the discretion 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 punishment substituted for transportation under this act. 15. For the purpose of this act, the term, "Transportation ' shall include banishment beyond the seas. دو HADDON, BROTHERS, AND CO., CASTLE STREET, FINSBURY. |