✨ Continuation of Legislation
192
rary provision for the substitution of other Punishment in lieu of
Transportation.
BE IT THEREFORE ENACTED by the General Assembly of New
Zealand, as follows:
I. PENAL SERVITUDE SUBSTITUTED FOR TRANSPORTATION.
Transportation abol-
ished.
Penal Servitude sub-
stituted for Transpor-
tation.
Equivalent terms of
Servitude or Trans-
portation.
The Court to decide
upon one of two or
more terms.
Not to prevent other
punishments being
awarded.
Penal Servitude may
in certain cases be
substituted for Capital
punishment.
- On and after the 1st day of January, 1855, no person shall
be sentenced to Transportation. - Any person who if this Act had not been passed, might have
been sentenced to Transportation, shall be liable at the discretion of
the Court to be kept in Penal Servitude within the Colony, for such
term as hereinafter mentioned. - The terms of Penal Servitude to be awarded instead of the
Transportation, to which any offender would have been liable if this
Act had not been passed, shall be as follows, that is to say,
Instead of Transportation for seven years, or for a term not
exceeding 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. - In every case, when, at the discretion of the Court, one of
any two or more terms of Transportation hereinbefore 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. - Provided always, that nothing in this Act 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 when such other pun-
ishment may be awarded at the discretion of the Court instead of
Transportation, or in addition thereto, the same may be awarded in-
stead of, or (as the case may be) in addition to the punishment sub-
stituted for Transportation under this Act. - Whenever the Governor of the Colony shall be pleased to ex-
tend mercy to any offender convicted of any offence for which he may be
liable to the Punishment of death, upon condition of his being kept
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NZ Gazette 1854, No 34
✨ LLM interpretation of page content
⚖️
Secondary Punishment Act, 1854: Abolishing Transportation and Substituting Penal Servitude
(continued from previous page)
⚖️ Justice & Law Enforcement16 September 1854
Penal Servitude, Transportation, Punishment, Convicts, Legislation, Sections