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Given under my hand at the Government House, at Auckland, and issued under the Seal of the Colony of New Zealand, this twentieth day of October, in the year of our Lord One thousand eight hundred and sixty-two.

G. GREY.

By His Excellency’s Command,

F. D. BELL,

In the absence of Mr. Domett.

GOD SAVE THE QUEEN!

ORDER IN COUNCIL

Convict Prison Regulations of the Province of Otago.

At the Government House, at Auckland, the Seventeenth day of October, 1862.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by an Act of the General Assembly of New Zealand, intituled, “The Secondary Punishment Act, 1854,” It was enacted among other things that every person except as thereafter mentioned who shall be kept in penal servitude, shall, during the term of his servitude, be employed on the Roads or Public Works, or otherwise be kept to hard labor in such part of the Colony of New Zealand as the Governor shall in that behalf direct 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 Governor shall from time to time direct, subject to certain provisos in the said Act contained. And whereas it was further enacted that it should be lawful for the Governor from time to time to make such Rules and Regulations as to him should 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 as in the said Act provided, and by such other prison discipline as may be prescribed in that behalf, provided always that no Rule or Regulation awarding any such punishment as aforesaid should come into operation until a copy thereof shall have been first published in the New Zealand Government Gazette.

Now, therefore, I, Sir GEORGE GREY, the Governor of the Colony of New Zealand, do hereby, under and by virtue of the powers in the said Act contained and of all other powers, and authorities me enabling in this behalf, publish the following Regulations for the employment, safe custody, management and discipline of Convicts, under sentence of penal servitude, and for other the purposes in the said Act mentioned and specified to be in force within the Province of Otago.

Penal Station and limits within which Convicts may be kept to hard labor.

Every male person sentenced to penal servitude within the said Province, shall during the term of his servitude, be kept to hard labor within the precincts of the Gaol at Dunedin, or on the Roads or Public Works in the vicinity of such Gaol.

Classification.

All such convicts shall be divided into two classes. The first class shall consist of such Convicts as shall by superior and continued good conduct merit indulgence. No prisoner shall be placed upon the first class without instructions from the Visiting Justices or one or more of them to that effect, upon the recommendation of the Gaoler and without having previously served a probationary term of six months at least.

The second class shall consist of Convicts whose general behaviour shall not merit indulgencies and of such as shall have been degraded by a Visiting Justice from the first class. All prisoners in this class shall, if necessary, be worked in irons.

Punishment Regulations.

Every person confined within the said prison under authority of the said Act and who shall be guilty of any of the offences next hereinafter mentioned, that is to say:

1. Refusing or neglecting to obey the lawful orders of any officer of the Gaol.

2. Holding, or attempting to hold, intercourse with others than Officers of the Gaol without lawful permission.

3. Assaulting a prisoner.

4. Insolence to any officer or officers of the Gaol.

5. Destruction of the property of the Government.

6. Profane swearing or obscene language, or playing at games, or gambling.