CO129-046 - Lieut. Governor Caine & Sir Bowring - 1854 [5-19／8] — Page 362

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WHEREAS in and by an Act of Parliament passed in the

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Year of the Reign of Her Majesty Queen Victoria, entitled "An Act for punishing "Mutiny and Desertion, and for the better payment of the Army and their Quarters,” it is amongst other things enacted, That whenever any sentence of penal servitude or transportation, beretofore or hereafter passed upon any Offender by any Court Martial "holden in the East Indies, or in any part of Her Majesty's Foreign Dominions, or "elsewhere beyond the Seas, is to be carried into execution for the term specified in such sentence or for any shorter term, or when sentence of death has been or shall as "aforesaid be commuted to penal servitude or to transportation, the same shall be "notified by the Officer Commanding Her Majesty's Forces, at the Presidency or Station "where the Offender may come or be, or in his absence by the Adjutant General for "the time being to some Judge of one of the Supreme Courts of Judicature in the East

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Indies, or Chief Justice, or some other Judge, as the case may be, in any part of Her

Majesty's Foreign Dominious, who shall make order for the penal servitude, or trans- "portation, or intermediate custody of such Offender, in like manner as for the penal -and upon "servitude, or transportation, or intermediate custody of any other Convict;-;

any

such order being made, it shall be duly notified to the Governor of the Presidency, "if in the East Indies, or to the Governor of the Colony, if in any of Her Majesty's Colonies, or to the person who shall for the time being be exercising the Office of "Governor of such Presidency or Colony, who, on receipt of such notification shall

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cause such Offender to be removed to some Colony or place in obedience to the "directions for the removal of Convicts, which shall from time to time be transmitted "from Her Majesty, through one of Her Principal Secretaries of State, to such Presidency or Colony. And such Offender on being so removed shall undergo the sentence of "penal servitude or of transportation, which has been passed upon him in the Colony "or place to which he has been so removed or sent, and whilst such sentence shall "remain in force shall be liable to be there imprisoned, and kept to hard labour, and other- "wise dealt with under such sentence, in the same manner as if he had been sentenced to "be imprisoned with hard labour during the term of his penal servitude, or of his trans-

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portation, by the judgment of a Court of competent jurisdiction in the Colony or "Place to which he has been removed or sent.'

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AND WHEREAS by the Right Honorable

one of Her Majesty's Principal Secretaries of State, directions have been given through

the

to me the Honorable

the

of the

of

Justice of

to make order that all Offenders convicted by Courts Martial and sentenced to penal servitude or to transport- ation, shall be sent from time to time to

as the place of intermediate custody of such Offenders, there to remain until duly removed to such place as Her Majesty may from time to time be pleased to appoint and signify.

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