An Act to amend the Law relative to Offences punishable by Transportation for Life. (Cap XC). PARLIAMENT OF GREAT BRITAIN.

An Act to amend the Law relative to Offences punishable by Transportation…
An Act to amend the Law relative to Offences punishable by Transportation for Life. (Cap XC).

London: George Eyre and Andrew Spottiswoode, 1837.

Printed bifolium, pp. [689]-692, armorial letterhead, fine.

An Act to repeal previous legislation allowing magistrates to sentence felons found guilty of housebreaking with transportation for life. This Act of 1837 limits the duration of transportation to no more than 15 years and no less than ten. By imposing the limit of ten years the minimum sentence was increased by three years, while simultaneously this offence was no longer deemed worthy of transportation for life.

An Act to repeal previous legislation allowing magistrates to sentence felons found guilty of housebreaking with transportation for life. This Act of 1837 limits the duration of transportation to no more than 15 years and no less than ten. By imposing the limit of ten years the minimum sentence was increased by three years, while simultaneously this offence was no longer deemed worthy of transportation for life.

Great Britain in the 1830's experienced a period of increasing severity in the punishment of crime and the conditions of convict life in Australia became more strenuous as a deterrent to felons back home. This Act stipulates that felons are to be imprisoned for between one to three years in a British prison before transportation, with the option of hard labour during this time (at the discretion of the presiding magistrate). Furthermore, the range of crimes to be punished in like manner to housebreaking is here expanded; with larceny in shops, injuring cattle, destroying hop farms and stealing cloth during drying and manufacture now to be punished with the maximum sentence of transportation for 15 years.

Nonetheless, some clemency emerges through these hard times. The fifth clause of this Act removes the right of gaolers to keep inmates in indefinite solitary confinement. Such punishment, so designed to break the spirit of the convict, could result in intractable insanity. Accordingly, the Act states that prisoners are not to be kept in solitary cells for more than one month at a time, and not for more than three months out of any one year.

not in Ferguson.

Price (AUD): $475.00

US$339.50   Other currencies

Ref: #4106450