Section 111. Provided always that nothing herein contained shall interfere "' with or affect the authority ot dis

111. Provided always that nothing herein contained shall interfere "' with or affect the authority ot discretion of any. Court in `as` t o alternative `DU-` respect of any punishment which such Court may now nishmenb not 'be award or pass on any offender other than transportation ; affected. but where such other punishzuenb may. be &warded at thk '- discretion of thc Court instead of transportation or in addition thereto, the same may be awarded in&ead of, or (as the case may be) in addition to, the . , 8 . punishment substituted for transportation by t h i ~ Act, . r IV. If I I 1 , ACT No. XXIV OF 1855. IV. If any offender sentenced by any Court within the said territories to the punishment of death shall have mercy extended to Effect of pardon granted upon con- him, upon condition of his being kept in penal servitude dition of penal servitude. for life, or for any term of years, all the provisions of this Act shall be applicable to such offender in the same manner as if he had been lawfully sentenced under this Act to the term of penal servitude specified in the condition. V. It shall be lawful for the Governor General of India in Council or for the person or persocs for the time being adminisThe Executive Government may direct tering the Executive Government of any Presidency or Europeans or Americans under sentence of place in which a European or American has been lawfully transportation `to` be sentenced by any Court to be transported, to order such kept in penal servitude. person to be kept in penal servitude for the shortest term of penal servitude substituted by this Act for a term of transportation Teim of penal ser-[of the same extent as that to which the offender was ] vitude in such case. sentenced, or that or ti on thereof which he shall not have undergone, provided that no person shall be kept in penal servitude under the provisions of this Section after the expiration of the term of transportation to which he was sentenced. VI. Every person who, under this Act, shall be sentenced or ordered Persons under sen-[to be kept in pcnal servitude, may, during the term of ] tence of penal servithe sentence or order, be confined in any such prison or tude where to be sent and how to be dealt plage of confinement within any part of the said territories with. as the Governor General of,India in Council shall, by any General Order, from time to time direct ; and may during such time, be kept to hard labour ; and such person may, until he can conveniently be sonment. Intermediate impriremoved to such prison or place of confinement, be impri- soned, with or without hard labour, and dealt with in * all other respeas in the same manner as persons sentenced by the convicting -' . ' Court to imprisonment with hard labour may, for the time being, by law be , * dealt with. Provided that the time of such intermediate * , > Proviso. . imprisonment, apd the $ime of rem~val from one prison to another, shall be taken and reckoned in discharge or part discharge of the term of the sentence. VII All ACT No. XXIV OF '1855. VII. All Acts and ~Bgulations now in force within any part of the said territories, with respect to convicts under order or All Acts, &c., respecting convicts ullder sentence of transportation, or under order or sentence of sentence of transportation or imprisonment imprisonment with hard labour, shall, so far as may be .with hard labour made applicable for the pur-[consistent with the express provisions of this Act, be ] poses of this ~ c t . construed to extend and be applicable to persons und-el* any order or sentence of penal servitude made or passed under this Act. pecting convicts ullder sentence of transportation, or under order or sentence of VIII. The person or persons for the time being administering the Removal of Euro-[[Executive Government of the Presideilcy or place in ]] which any European or American convict is imprisoned, under a sentence or order of imprisonment for a term exceeding one year, whether with or without hard labour, Removal of Euro-[[Executive Government of the Presideilcy or place in ]] pean or American con- which any European or American convict is imprisoned, victs under sentence of imprisonmentfromone prison to another. may, with the consent. of the Governor General of India in Council, order the removal of such prisoner from the prison orplace in which he is confined to any other public prison or place of confinement within any part of the said territories ; and such .order shall be a sufficient authority for imprisoning the convict during the remainder of the term mentioned in the sentence, or any part of such term, in the Jail to which the prisoner is removed. IX. It shall be lawful for the Governor General of India in Council to Governor General in[grant to any convict who may hereafter be sentenced or ] Council may grant a license to be at large[ordered to be kept in penal servitude, a license to be ][at ] Council may grant a license to be at large to any convict ~ d e * large within the said territories, or in such part thereof as sentence of penal servitude. to any convict ~ d e * large within the said territories, or in such part thereof as in such license shall be expressed, during such portion of his term of servitude, and upon such conditions in all respects as to the Governor General of India in Council shall seem fit ; and it shall be lawful for the said Governor General in Council at any time to revoke or alter such license by a like order. X. So long as such license shall continue in force and unrevoked, such convict shall not be liable to imprisonment or penal serviHolder of such license not to be impritude by reason of his sentence, but shall be allowed to go soned, &c. and remain at large according to the terms of such license. XI. In : I ACT No. XXIV ,OF 3855. XI. In case of the revocatioii of any such license as aforesaid, it shall `~f` license revoked, be lawful for one of the Secretaries to the Government of the convict may be apprehended and comIndia by order in writing, to signify to any Justice of the nlitted to prison. Peace or Magistrate that such license has been revoked, and to require such Justice or Magistrate to issue a warrant for the apprehension of the cdnvict to whom such license was granted, and such Justice or Magistrate shall issue his warrant accordingly; and such warrant may be executed by any officer to whoni it may be directed or delivered for that purpose in any part of the said Territories, and shall have the same force and effect in any place within such Territories as if the same had been originally issued or subsequently endorsed by a Justice or Magistrate, or other lawful authority having jurisdiction in the place where the same shall be executed ; and such convict, when apprehended under such warrant, shall be brought, as soon as he convenisntly may be, before the Justice or Magistrate by whom the said warrant shall have been issued, or some ot,her Justice or Magistcrate of 11~e snrrle place, or before a Magistrstc or Justice having juriadiction i n the xillah or district in which such convict shall be apprehended, and such Justice or Magistrate shall thereupon make out his warrant, under his hand and seal for the re-commitment of such convict to the prison or place of confinement from which he was released by virtue of tlie said license, and such convict shall be re-committed accordingly, and shall thereupon be liable to be kept in penal servitude for such further period as, with the time during which he may have been imprisoned under the original sentence or order, and the tinie during which he may have been at large under an unrevoked license, shall be equal to the period mentioned in the original sentence or order. XII. If a license be granted under Section - IX of this Act upon any condition specified therein, axd the convict to whom the Penalty for breach of colldition of the li- license is granted violate any such condition, or shall go cense. beyond the limits specified it1 the license, or, knowing . of the revocation of such license, shall neglect forthwith to surrender himself, r shall conceal himself or endeavour to avoid being apprehended, he shall be liable, upon conviction, to be sentenced to penal servitude for a term not exceeding the full term of penal servitude mentioned in the original sentence or order. XIII. Nothing b ACT No. XXIV. oP 1855. XIII. Nothing in this Act isintended to alter or affect the provisions of tlle 12 and 13 Victoria Chapter 43, or any Act of Par- Act not to affect the provisions of certain liainent passed in the United Kingdom of Great Britain Englisfi Statutes. and I reland since the 28th of August 1833, or which may hereafter be passed. XIV Any sentence or order upon any person describing him as a w h a t to be deemed European or American shall be deemed, for the purposes proof that E ~ a person ~ is a ~ of this Act, to , ~ ~ ~be conclusive ~ ~ ~of the fact that such ~ A ~ ~ `Call.` persoil is a European or American within the meaning of this Act. XV. The word " European," as used in this Act, shall be understood to include any person usually designated a European Construction of Act. British subject. Words in the singular number or the masculine &nder shall be understood to include several persons as well as one person, and females as well as males, unless there be something in the context repugnant to such construdion. XVI, This Act shall commence from and after the @ommencement of Act. first day of November 1855, ~ ~