33054-002093

[top left] 33/6438 27 Sept'r 33

[top right] 3

Atty Generals

Office

25'th Sept 1833

Sir

I have the honor to acknowledge the receipt of your letter of the 16th Inst : by the direction of His Excellency the Governor transmitting to me a letter from the Commandant of Moreton Bay enclosing particulars of the cases of the three prisoners named in the margin now at that Settlement and requesting my report of the sentences against these men

[left margin] The Attorney General reports that the sentences on 2 men (named in a list enclosed) at Moreton Bay are irregular, but that a third man has been correctly sentenced.

The two men who returned and the third detained I presume but as respects the latter the sentence of the Parra'a Bench on 13 Oct 1828 to as "Remainder of original sentence" then 7 years to run-

5th Aug't 1833

Returned

Let Jones and Stock be removed to Port Macquarie with special instructions to the Magistrate to look well after them on account of their bad character.

Sept 29 [initials] JB

[diagonally in pencil]

W'm Smith Tho's Jones or Griffiths John Stock

The Hon'ble Alex'r. McLeay

&c...&c

Col Sec

Mr Sullivan 30 Sept

Capt Clunie 1 Oct

Mr Hely 1 Oct

In reply I have the honor to state for the Information of His Excellency respecting the Two prisoners named in the margin (Tho Jones or Griffiths [..] John Stock [..]) that as at the time the above Sentences were passed on them, the Act in Council of the 11 Gro 4 No 12 was in force, which directs the punishment of the offence of absconding to be Whipping, Solitary Confinement or working on the Tread Mill, I do not Conceive that the Bench at Hyde Park Barracks had a power to sentence them to Transportation to Moreton Bay

As to the other prisoner William Smith sentenced by the Bench at Parramatta; as I presume that Court acted under the authority of the 6 Gro 4 C69 which gave the same Jurisdiction to one or more Justice or Justices of the peace for the offences therein mentioned, as had been vested in the Courts of Quarter Sessions by the act of the 4 Gro. 4 C96, and as this last Act authorizes the Court of Quarter Sessions to take cognizance in a Summary way of all Complaints

against Felons or offenders for disobedience of Orders, Drunkeness; Neglect of Work Absconding or desertion &c and all such offences to punish by whipping and other Corporal punishment, or removal to some other part or place in the said Colony or its dependencies according to the Nature & degree of such offences respectively, I conceive that the Bench of Magistrates had the power to sentence the prisoner Smith to removal to any part of the Colony or its dependencies I have the honor to be Sir Your obedient servant John Kinchela