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to Penal Servitude for any term of years, or for life, such intention
of mercy shall have the same effect, and may be signified in the same
manner, and all Courts, Justices, and others, shall give effect there-
to, and to the condition of the pardon, in like manner as in cases
where the Governor of the Colony is now pleased to extend mercy
upon condition of Transportation beyond seas, the order for the ex-
ecution of such punishment as the Governor may have made the
condition of mercy being substituted for the order of Transpor-
tation.

7. AND WHEREAS there are divers persons now in custody un-
   der sentence or order of Transportation, who cannot conveniently be
   sent beyond the seas : BE IT THEREFORE ENACTED, that every person
   who may be under such sentence or order when this Act shall come
   into operation, shall instead of being Transported for the period for
   which such person shall have been so sentenced or ordered as afore-
   said be kept in Penal Servitude within the Colony, for and during
   the lowest term hereinbefore provided as an equivalent for the pe-
   riod of Transportation to which such person may have been sen-
   tenced or ordered as aforesaid, such term of Penal Servitude being
   computed to commence from the date of the conviction of such
   person.

8. Every person who shall be kept in Penal Servitude as last
   aforesaid, shall be deemed to have been sentenced to be kept in
   Penal Servitude under this Act.

II. PENAL SERVITUDE WHAT AND HOW TO BE REGULATED.

9. Every person except as hereinarter mentioned, who shall be
   kept in Penal Servitude, shall, during the term of his servitude,
   be employed on the roads or public works, or other-
   wise be kept to hard labour in such part of the Colony of
   New Zealand as the Governor shall in that behalf direct, and either
   in irons or under such other restraint, and subject to such correction
   as may be necessary for his safe custody and strict discipline, and
   for the purpose of being so employed as aforesaid, every such convict
   may be removed from place to place, either by sea or land, and may
   be confined in such Public Gaol, at such Penal Station, or in such
   place of confinement, or may otherwise be kept in custody as the Go-
   vernor shall from time to time direct. Provided always, that every
   person who shall have been convicted of any capital offence, and
   whose punishment shall have been commuted for Penal Servitude for
   life, shall be confined in some public gaol in close custody, and be
   kept to hard labour in separate confinement for the remainder of
   his life. Provided also that nothing herein contained shall au-
   thorise the Governor to issue any directions or regulations which
   shall permit the assignment to any person or persons whatsoever, of
   any prisoner so sentenced as aforesaid.

10. It shall be lawful for the Governor from time to time to
    make such rules and regulations as to him shall seem meet, for the
    employment, safe custody, management, and discipline of the convicts
    under sentence of Penal Servitude, and to enforce the observance of
    such rules and regulations, by solitary confinement for any period
    or periods not exceeding, fourteen days at any one time, and not to be

Convicts already un-
der sentence of Trans-
portation to be kept
in Penal Servitude.

And to be deemed to
have been sentenced
to Penal Servitude.

Penal Servitude what.
Convicts not to be as-
signed.

Governor to make re-
gulations for manage-
ment, &c., of convicts