Page:History of Australia, Rusden 1897.djvu/53

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CONSllTUTIOK OF NEW SOUTH WALES. 25 (M Geo. Ill, cap. 5fi) '* to appoint places witliin or out of His Majesty's dominions to which felons could be conveyed or trauBported," and Lad authorized a specified court *' to order such offenders to he transferred to the use of any person or persons and his or their assigns, who shall contract for the due performance of yuch tran*^portation, Conditional pardons were authorized. On condition of transportation offenders were to he transferred to con- L tractors for the due performance of transportation; ■ penalties were prescribed for attempts to rescue felons Plunder care of contractors, and the penalty for a convict's retm*n was death. One of the earliest statutes in 1787 (27 Geo. Ill, cap. 2) cootains in three clauses the scheme for the new order of transportation and the constitution provided for the new colony. After reciting the provisions Pof 24 Geo. Ill, cap. 56, it declares that — " Wlieieas Ris Majesty by two several orders bearing date respectively on the 6th day of Bee., lt86, hath judged fit by and with the advice of his Privy Coimcil to dej^ilare and appoint the pkice to which certain offenders tiiittieil in two liata to the aakl several Ordera-in Council annexed shoidd be transported for the time or tcrnia in their said several sentences, I mentioned to be the eivatern cotiBt of New South Wales, or florae one or Bother of the ishmds adjacent, and whereas Sir JanieB Eyre knight antl Sir ^P Beaumont Hotiiani knight, two of tlie barons of His Majetiity's Court of " Excliequer of the Degree of tbe Cdffe, . . . did (30th Dec. 1786) order that the said several offenrlers in the said two Hsts of the said several tOrders-in Council annexed slioidd }>e transported to the place and for the time and terms aforesaiil, and whereas it may be found bcceasaiy that a colony and a ciil government should be estabUshed in the place to which ' such convicts ahall bo transported, - , . and that a Court of Criminal J Jurisdiction should also be eatablished within such place as afore«ai<l with ^ authority to proceed in a more summary way than h used within this realm ^B according to the known and eatablishcd laws tlicrcof — ^ **Be it therefore enacted . . . that His Majesty may bjr his Commission nnder the (Jreat t^eal authorize the person to be appointetl tiovernor or the Lieutenant-Governor in the abeence of the tiovernor of such place as aforesaid to convene from time to time as occasion may require a Court of Judicature for the trial and pimishment of all anch outragCB and ndsbehaviours as if committed within this realm would be deemed and taken according to the laws of this country to be treason or ^1 niispritiirm thereof, felony or ndsdemcanour, which Court shall consist of H the Judge Advocate to be appointed in and for such place, together with ^BsLX oliiccrB of His Majesty's forces by sea or land^ which C^ourt shall ^■proceed to try such offenders by calling such ofFendcrts respectively before ^f that Court and causing the charge against him, her, or them respet^tively ' to be rcail over ; which charge shall always be reduced into writing and shall be exhibited to the said Court by the Judge Advocate, and by examining witnesses upon oath to lie adminiatered by such Court, aa well I for as agaiust aueli ofrcndcra respectively, and afterwards iv.dvu^vt^ i^