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and the same manner as is now used, and as if judgment of death had actually been pronounced in open Court against such offender by the Court before which such offender shall have been recorded.” [By the Prisons' Regulation Act, 2 & 3 Vic. c. 56, s. 17, offenders against whom sentence of death is recorded, may be kept to hard labour while they remain in the gaol or house of correction.]

Judgment. 11 Geo. IV. and 1 Wm. IV. c. 70, s. 9.]-Enacts, "That upon all trials for felonies or misdemeanours upon any record in the Court of King's Bench, judgment may be pronounced during the sittings or assizes by the judge before whom the verdict shall be taken as well upon the person who shall have suffered judgment by default or confession upon the same record as upon those who shall be tried and convicted, whether such persons be present or not in Court, excepting only where the prosecution shall be by information filed by leave of the Court of King's Bench, or such cases of information filed by his Majesty's Attorney-General, wherein the Attorney-General shall pray that judgment may be postponed; and the judgment so pronounced shall be endorsed upon the record of nisi prius, and afterwards entered upon the record in Court, and shall be of the same force and effect as a judgment of the Court, unless the Court shall, within six days after the commencement of the ensuing term, grant a rule to show cause why a new trial should not be had or the judgment amended; and it shall be lawful for the judge before whom the trial shall be had, either to issue an immediate order or warrant for committing the defendant in execution, or to respite the execution of the judgment upon such terms as he shall think fit, until the sixth day of the ensuing term; and in case imprisonment shall be part of the sentence, to order the period of the imprisonment to commence on the day on which the party shall be actually taken to, and confined in prison."

Power as to terms of Transportation and Imprisonment. 9 & 10 Vic. c. 24, s. 1.]-Enacts, "Whereas in certain cases of felony the Court is not empowered by law to award sentence of transportation for a less period than the term of the offender's life, or some long term of years, or sentence of imprisonment for any shorter term than two years; but it is desirable that some such offenders should suffer transportation or imprisonment for a shorter period respectively, at the discretion of the Court before which they are convicted: Now be it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the authority of the same, that in all cases where the Court is now by law empowered or required to award a sentence of transportation exceeding

seven years, it shall be lawful for such Court at its discretion to award a sentence of transportation for a term of years not less than seven years, or to award such sentence of imprisonment for any period not exceeding two years, with or without hard labour, as shall to the Court in its discretion appear just under all the circumstances."

Repeal of punishment of Transportation in Simple Larceny. 12 & 13 Vic. c. 11, ss. 1, 2, & 3.]—Enacts, "Whereas by an Act passed in the eighth year of King George the Fourth, intituled an Act for consolidating and amending the laws in England relative to larceny and other offences connected therewith, it was among other things enacted, That every person convicted of simple larceny, or of any felony hereby made punishable like simple larceny, should (except in cases hereinafter otherwise provided for) be liable, at the discretion of the Court, to be transported beyond the seas for the term of seven years, or to be otherwise punished as by the said Act provided; and whereas by an Act passed in the ninth year of King George the Fourth, intituled an Act for consolidating and amending the laws in Ireland relative to larceny and other offences connected therewith, it was among other things enacted, that every person convicted of simple larceny, or of any felony thereby made punishable like simple larceny, should except in the cases thereinafter otherwise provided for) be liable, at the discretion of the Court, to be transported beyond the seas for the term of seven years, or to be otherwise punished as by the same Act provided; and whereas it is expedient to abolish the punishment of transportation for the offence of simple larceny, and for felonies by the said Acts made punishable like simple larceny: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the authority of the same, that from and after the first day of May, one thousand eight hundred and forty-nine, so much of the recited provisions of the said Acts respectively as makes any person convicted of simple larceny, or of any felony by such Acts respectively made punishable like simple larceny (except in the cases thereinafter otherwise provided for) liable to be transported beyond the seas for the term of seven years, shall be repealed, but every person so convicted shall be liable at the discretion of the Court to be otherwise punished as by the said Acts respectively provided."

II. Provided always, and be it enacted, "That if any person shall steal any chattle or fixture, let to be used by him or her, in or with any house or lodging, whether the contract shall have been entered into by him or her, or by her husband, or by any person on behalf of him or her, or her husband, in case the value of the article or articles

stolen shall exceed the sum of five pounds, every such offender being convicted thereof, shall be liable to be punished as if this Act had not been passed."

III. Provided also, and be it enacted, "That where any person has been twice convicted of any of the offences punishable upon summary conviction under the provisions contained in the said recited Acts, or an Act of the eleventh year of her Majesty, intituled an Act for the more speedy trial and punishment of juvenile offenders, or an Act of the twelfth year of her Majesty, intituled an Act for the more speedy trial and punishment of juvenile offenders in Ireland, or an Act of the eighth year of King George the Fourth, intituled an Act for consolidating and amending the laws in England relative to malicious injuries to property, or an Act of the ninth year of King George the Fourth, intituled an Act for consolidating and amending the laws in Ireland relative to malicious injuries to property (whether each of the convictions has been in respect of an offence of the same description or not, and whether such convictions, or either of them, be before or after the passing of this Act), if the person so twice convicted shall afterwards commit the offence of simple larceny, or any offence by the said firstly and secondly-recited Acts respectively made punishable like simple larceny, each offender being convicted thereof, shall be liable to be punished as if this Act had not been passed."

Substitution in certain cases, other punishment in lieu of Transportation. 16 & 17 Vic. c. 99, ss. 1, 2, 3, 4, 12, & 14.]" Whereas by reason of the difficulty of transporting offenders beyond the seas it has become expedient to substitute, in certain cases, other punishment in lieu of transportation: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the authority of the saine, as follows:

"I. After the commencement of this Act no person shall be sentenced to transportation who if this Act had not been passed would not have been liable to be transported for life, or for a term of fourteen years or upwards; and no person shall be sentenced to transportation for any term less than fourteen years.

"II. Any person who if this Act had not been passed might have been sentenced to transportation for a term of less than fourteen years shall be liable, at the discretion of the Court, to be kept in penal servitude for such term as hereinafter mentioned.

“III. Any person who if this Act had not been passed might have been sentenced to transportation for a term of fourteen years or upwards, or for life, shall, after the commencement of this Act, be liable at the discretion of the Court, to be sentenced either to such trans

portation for fourteen years or upwards, or for life, or to be kept in penal servitude for such term as under this Act may be awarded instead of such transportation.

“IV. The terms of penal servitude to be awarded instead of the transportation to which any offender would have 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 term of transportation exceeding seven 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 than six and not exceeding ten years:

Instead of transportation for the term of life, penal servitude for the term of life:

And in every case where, at the discretion of the Court, one of any two or more of the 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 herein before mentioned in relation to such terms of transportation.

"XII. No person shall, after the commencement of this Act, be liable to be transported by reason only of a conviction for larceny after a previous conviction for felony, but every such person so convicted may be punished by penal servitude for any term not less than four years and not more than ten years.

"XIV. Provided also, That nothing herein contained shall interfere with or affect the authority or discretion of any Court in respect of any punishment which such Court may now award or pass on any offender other than transportation; but where such other punishment may be awarded at the discretion of the Court, instead of transportation, or in addition thereto, the same may be awarded instead of or (as the case may be) in addition to the punishment substituted for transportation under this Act."

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