SECONDARY PUNISHMENT ACT, 1854.

Nelson Examiner and New Zealand Chronicle, Volume XIII, Issue 694, 20 December 1854, Page 3

SECONDARY PUNISHMENT ACT, 1854.

[Aiiented to lSth September, 1854.] Title. — An Act to abolish the Punishment of Transportation, and to substitute Penal Servitude in lieu thereof. Preamble.— Whereas, by reason of the difficulty of transporting Offenders beyond the seas, it has become expedient to make tempo* 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. 1. Transportation abolished. — On and after the Ist day of January, 1855, no person shall be sentenced to Transportation. 2. Penal Servitude substituted for Transportation. — Any person who, if this Act bad not been passed, might have been sentenced to transportation, shall be liable at the discretion of the Court to he kept in penal servitude within the colony, for such term as hereinafter mentioned. 3. Equivalent Term [of Servitude for Transportation. — The terms of penal servitude to be awarded instead of (he transportation to which any offender would bave 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 tern of transportation exceeding eeven 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 tban six, and not exceeding ten years. Instead of transportation for the term of life, penal servitude for the term of life. 4. The Court to decide upon one of two or more Terms. — In erery case, when, at the discretion of the Couit, 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 hereinbefore mentioned in relation to such terms of transportation. 5. Not to prevent other Punishments being awarded. — Provided always, that nothing in this Act contained shall interfere with or affect the authority or discretion of any Court, in re. spect of any punishment which such Court may now award or pass on any offender other than transportation, but when such other punishment may be awarded at tbe discretion of the Court instead of transportation, or in addition thereto, tbe same may be awarded instead of, or (as the case may be) in addition to the punishment substituted for transportation under this Act. 6. Penal Servitude may in certain Cases be substituted for Capital Punishment. — Whenever the Governor of the colony Bhall be pleased to extend 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 to penal servitude for any term of years, or for life, such intention of mercy shall bave the same effect, and may be signified in tbe same manner, and all Courts, Justices, and others, shall give effect thereto, and to the condition of the pardon, ia 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 execution of such punishment as the Governor may have made the condition of mercy being substituted for the order of transportation. 7. Convicts already under Sentence of Transportation to be kejit in Penal Servitude. — And whereas there are divers persons now in custody under sentence or order of transportation, who cannot conveniently be sent beyond tbe 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 far the period for which such person shall have been so sentenced or ordered as aforesaid, be kept in penal servitude within the colony, for and during the lowest term hereinbefore provided as an equivalent for the period of transportation to which such person may have been sentenced or ordered as aforesaid, such term of penal servitude being computed to comtnsnea from the date of the conviction of such perton. 8. And to be deemed to have been sentenced to Penal Servitude.— Every person who shall be kept in penal servitude as last aforesaid, shall be deemed to have been sentenced to be kept in psnal servitude under this Act. II. — Penal Servitude what, and how TO BE REGULATED. 9. Penal Servituie what. Convicts not to be assigned. — Every person, except as hereinafter mentioned, who shall be kept in penal servitude, shall, during the term of his servitue, be employed on the roadi or public works, or otherwise 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 reitraint, and subject to such correction as may bs necessary for hia 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 cuitody as the Governor shall from time to lime direct. Provided always, that

every person who ihell have been convicted of any capital offence, and whose punishment shall bave been commuted for penal servitude for life, shall be confined in some public gaol in dose custody, and be kept to bard labour in separate confinement for the remainder of his life. Provided also, that nothing herein contained Bhall authorize 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. Governor to make Regulations for Management, Sf-c, of Convicts. — 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 repeated at a less interval than forty-two days, by placing in ironß, 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, shall come into operation until a copy thereof shall have been first published in the New Zealand Government Gazette. 111. Escape from Penal Servitude — HOW PUNISHED. 1 1 . Escape of Convicts, now punished. — If any person who shall have been sentenced to be kept in penal servitude for any term under that of life, shall be afterwards at large within any part of the colony of New Zealand, without some lawful cause, before the expiration of the term of such servitude, every such offender so being at large, and being thereof lawfully convicted, eball be kept in penal servitude for any term not exceeding five years, to commence and be computed from the expiration of the term of the original sentence. 12. Escape of Convicts under Sentence for lAfe. — If any male offender, who shall have been sentenced to be kept in penal servitude for the term of his life, shall afterwards be found at large within any part of the colony of New Zealand, without some lawful cause, every such offender so being at large, and bsing thereof lawfully convicted, shall be kept in solitary confinement during such periods not exceeding fourteen days at a time or three months in the epace of one year, as the Court shall direct. 13. Reward for the Discovery, fyc, of Escaped Convicts. — Whoever shall discover and prose* cute to conviction, or shall give such information as shall lead to the] conviction of any offender being at large contrary to the provisions of this Act, shall be entitled to a reward not exceeding twenty pounds (£20,) at the discretion of the Judge, for every such offender so being convicted. 14. Punishment for rescuing Convicts. — If any person shall rescue or attempt to rescue, or assist in rescuing or attempting to rescue, any convict under sentence of penal servitude, from the custody of any Sheriff, Gaoler, Overseer, or other person, conveying, removing, transporting, or re-conveying such convict, or if any person shall aid or assist any convict under sentence of penal servitude to escape from the custody of any Sheriff, Gaoler, Overseer, or other person, such person so offending shall, upon convictisn thereof, be sentenced to penal servitude for any term not exceeding ten years. 15. Form of Indictment for Escape, fyc.—ln any indictment against any offender for being found at large contrary to the provisions of this Act, and also in any indictment against any person who shall rescue or attempt to rescue* or assist in rescuing or attempting to rescue any such offender from such custody, or who shall aid or assist any such offender to escape from such custody, it shall be sufficient to charge and allege the sentence or order made for the penal servitude of such offender, without charging or alleging any indictment, trial, or conviction of such offender. 16. Proof of previous Sentence. — The certificate in writing, under the hand of the Registrar or other officer having the custody of the Records of the Court where such sentence or order of penal servitude shall have been made or recorded, containing the substance of such sentence or order, shall be sufficient evidence thereof, and shall be received in evidence of such sentence or order, upon proof of the signature and official character of the person signing the same. IV. — Miscellaneous Provisions. 17. — Governor may delegate certain Powers to Superintendent of a Province. — It shall be lawful for the Governor, by instructions under his hand, to delegate to the Superintendent of any Province, on such terms and conditions, and subject to such limitations and restrictions as may be prescribed in thac behalf, all or any of the powers hereinbefore reserved to the Governor by the ninth clause of this Act. 18. Convicts under Sentence of Imprisonment may be employed outside the Gaol. — And whereas it may be expedient that persons in confinement, under sentence of imprisonment with hard labour, should from time to time be Bet to work outside the precincts of the place of their imprisonment : Be it enacted and declared that any person in custody under such sentence as aforesaid, may be employed at hard labour [ beyond the precincts of the gaol in which he | may be lodged, any law or usage to the contrary notwithstanding. Provided always that every such person, notwithstanding such employment, shall as respects the provisions of the Prisons Ordinance, No. 7 of Seas. 7, be dtemed to be within the limits of the Gaol in which he shall be lodged. 19. Prerogative of Mercy not to be affected. Provided always that nothing herein contained shall in any manner affect her MajtttyY ßoyal

Prerogative of Mercy, or any Prerogative of Mercy vested in the Governor of the colony for the time being. 20. Interpretation of the word " Qovernor."-^ In the interpretation of this Act, the word " Governor " shall extend to the Officer Administering the Government. 21. Short Title.— This Act shall be termed and may be cited and referred to as "The Secondary Punishment Act, 1854." In the name of her Majesty I assent to this Act. R. H. Wynyard. Officer Administering the Governor. t Auckland, 16th September, 1854.

Purchase or RussoAuebican Territory by the United States.— The New York Herald, of the 26th July, makes the followiog announcement : << We have the best reasons for knowing that despatches- from the Russian Government arrived here yesterday in the Pacific, offering to sell to the United States the whole of the Russian territory in North America, comprising the western littoral of the continent from the Arctic Ocean to Observatory Inlet in lat. 55, and extending inland as far as long. 63 degrees. Should the Administration resolve on making the purchase, a difficulty is very likely to occur between Great Britain and this country. As soon as it was known in England that the purchase of Russian America had been suggested to this Government, the President was notified that the British fleet in the Pacific had received orders to take Sitka. It may possibly be contended that this notification should have operated to prevent our purchase, or that such a purchase made in the teeth of the notification amounts to an act of hostility against Great Britain. We tbink it is likely that this argument may be used on the other side of the Atlantic, because we have known such arguments to proceed from the same quarter before ; but we regard it as entirely fallacious and incorrect. The expression of an intention on the part of Great Britain could not affect the actual sovereignty of the Czar, or deprive him of the power of giving a valid title to the territory. Until that intention is executed, and Sitka actually taken, the Czar has a clear right to sell, and we to buy, the tract menaced. If, therefore, we choose to buy, and the Czar places us in possession of the territory, the British fleet will he bound to respect our pur. chase, under the obvious penalty of hostilities with us. This we take to be the true view of the law on the point. Should Sitka have fallen before our purchase is completed the case would be different, as there could be no delivery from Russia to the United States, and, consequently, no sale whence we could derive any valid right to the land. This consideration ought to stimulate our Government to prompt measures. If the territory is to be bought, it must be bought at once." How to Take Sevastopol. — The struggle will be on land. As to the event of it, it is really impossible for the Allies not to feel very confident. After the great point of the landing, the next aim will be, probably, to cut off the water supply, without which Sebastopol cannot hold out at all. That water supply is the magic fountain to which our gallant knights must penetrate, through all terrors and phantasmagoria of opposition. That it is difficult is owing to our unhappy delays, which have allowed the Czar to concentrate a considerable force in the Crimea ; but there has been nothing in the conduct of any portion of the Russian soldiery this year which needs make us suppose it impossible to tap the reservoirs on which the water supply of Odessa depends. The landing will probably take place somewhere near <Eupatoria, where the high grounds decline to the sea. These high grounds afford the means of replenishing the docks, and watering the shipping, and, in a great degree, the town. The town itself stands 170 feet above the sea level ; and, if once reduced by thirst, or by the strong hand, all that lies below — all that concentration of wealth, in •hipping stores and fortifications — will be absolutely at the disposal of the invaders, as long as their ships-keep guard outsHe. The amount of the wealth at Sebastopol is computed to be £20,0Q0,000. The fortifications have cost not •less than £7,000,000, and the military and naval stores are of prodigious value. The fate of all this wealth depends on a water supply, which is eminently precarious. The water for the shipping is that o' the canal, which supplies the dock basins. It i« filtered through charcoal and sand, in a building appropriated to the purpose. Following up the canal over its aqueducts, and along the sides of the rocky hills, and through its long tunnel, we find it fed by a precarious -stream, which is often so low at this season that recourse ia had to two reservoirs — the larger of which is high up among the hills. We have a strong per suasion tflat our soldiers could tap those reservoirs, in spite of any Russians, if such should be the plan of their commanders. And if not — if even quicker work is to be made by a different kind of breach — we are no less confident that the allied forces are more nearly invincible than any. thing Russian can possibly be. The struggle will prohably be at the landing ; but the British have effected so many impossible landings, that we have no doubt of their achieving one which has no appearance of being impracticable.-— Daily tfew. Jt is stated in the Demerara Royal Gazette, that .paper of a good quality has been successfully manufactured in that region from the plantain. The Pr«b Schools ov Massachusetts. — " young America," writing to the Time*, says : ." In the city of Boston, in the year 1853, there was more money appropriated for the carrying on of free schools than in the whole of .Great Britain .during the same year. Boston contains 405,000 inhabjtants-^Great Britain over 80,000,000 : this speaks for itself. A visitor going into a free school in New England during the half-yearly examination, noticed two fine-looking boys, one of whom had taken the first prise »cd the other the second. ' These are two fine looking fellows/ he said to the teacher, ' I suppose they belong to «. tb« higher data of society/ ' That is not the way we clt»i our boy*,' the teacher said ; 'we follow the old maxim of " handsome is that handsome does." The boy who took the first prize is the jion of the man who saws my wocd ; the en: who took the second is the son of the Vice-President of the United States."