1823: 4 George 4 c.82: Temporary Removal of Convicts from the General Penitentiary

1823: 4 George 4 c.82: An Act to authorize for One Year, and from thence to the End of the then next Session of Parliament, the temporary Removal of Convicts from the General Penitentiary.

[18th July 1823.]

[56 G. 3. c. 63. 59 G. 3. c. 136.]

WHEREAS by virtue of Two Acts, passed in the Fifty sixth and Fifty ninth Years of His late Majesty’s Reign, divers Convicts are now confined in the General Penitentiary for Convicts at Millbank, in the County of Middlesex, and it may be expedient under present Circumstances to change the Place of Confinement of some of such Convicts for a Time, and afterwards to remove the same Convicts back again to the said Penitentiary; Be it therefore enacted by the King’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,

[His Majesty, by Order notified by One of the Principal Secretaries of State, may order the Governor of the Penitentiary to remove all Convicts confined there to some other Place of Confinement named in such Order.]

That it shall and may be lawful for His Majesty, at any Time during the Continuance of this Act, by any Order or Orders notified in Writing by One of His Majesty’s Principal Secretaries of State, to order the Governor of the said Penitentiary to remove any of the Convicts now confined, or who, during the Continuance of this Act, shall be confined in the said Penitentiary, to some other Place or Places of Confinement to be provided for that Purpose, and to be named in such Order or Orders, and there to keep the Convicts, so ordered to be removed, until Determination of the Periods for which they ought to be respectively confined, or until His Majesty’s Pleasure shall be further signified; and that it shall and may also be lawful for His Majesty, at any Time or Times during the Continuance of this Act, by any Order or Orders notified in like Manner, to order any such Convicts to be removed back again to the said Penitentiary, there to be kept during the Residue of the Periods for which they ought to be respectively confined.

[The Place of Confinement so used shall be deemed Part of the Penitentiary.]

II. And be it further enacted, That every Place of Confinement so to be provided as aforesaid shall be deemed in Law to be Part and Parcel of the said Penitentiary, during such Time as any of the said Convicts shall be therein confined, and that Confinement therein shall be attended with all the same Consequences, as well with regard to the Convicts as to the Governor and all other Persons, as if suffered within the Walls of the said Penitentiary, and that the same Pains and Penalties shall attach upon all Persons offending against any Enactments, Bye Laws, Rules, Orders or Regulations affecting Convicts confined under the Provisions of this Act, as if the same Convicts were at the Time of committing such Offences actually confined within the said Walls;

[Power to Committee to alter Bye Laws, &c. in favour of Convicts.]

provided nevertheless, that it shall and may be lawful for the superintending Committee of the said Penitentiary, with the Approbation of One of His Majesty’s Principal Secretaries of State, to alter any of the Bye Laws, Rules, Orders or Regulations of the said Penitentiary in favour of the Convicts to be confined under the Provisions of this Act, and with the like Approbation to appoint a competent Number of Persons to take the Custody and Care of such Convicts in such temporary Places of Confinement.

[Continuance of Act.]

III. And be it further enacted, That this Act shall continue in force for One Year, and from thence to the End of the then next Session of Parliament.

Source: Butterworth’s Statutes of the United Kingdom, 1823.