CO129-046 - Lieut. Governor Caine & Sir Bowring - 1854 [5-19／8] — Page 361

358

forwarding chem

6Western Austratia,

Ender

tiese

Areuinstances

you

will henceforms Lend Military Convicts

to England to be death

with according to

law in terms

of the

directions contained

in a

Circular instruction 6 Now/374

which is sent you

by the present

pportimit.

Circular.

Sir,

Downing Street,

6th November, 1854.

On reference to Sec. 24 of the Mutiny Act of this will observe that it is provided that the Chief Justice (or some other Judge, as the case may be) in every Colony, receipt of

year, you

[

on

notification that an Offender has been sentenced by Court. Martial

to penal servitude or hansportation, is to make order for the infliction of such punishment : and that on due notification of such order, the

· Governor is to remove such offender

offender to some Colony or place, in obedience to directions from the Secretary of State.

"

I enclose a form of order by the Chief Justice or other Fudge," for the penal servitude, transportation, or intermediate custody, of Military offenders, which has been approved by the Law advisers in this country

Whenever as suited to the provisions of the Act. such an order is made, it should be duly «notified" to and

You:

if the order is for penal servitude or transportation of European

an

Military offender, you will cause such offender to be removed to England to be dealt with according to Law.

I have the honor to be,

Sir,

Your most obedient

humble Servant,