remissions of sentence defined

1830 Circular NSW

REMISSIONS OF SENTENCE DEFINED

CIRCULAR.
Colonial Secretary's Office, Sydney, January 1st, 1830.
I. An Absolute Pardon, when issued under the Great Seal of England, but not before, restores the Individual to all the Rights of a Subject in every part of His Majesty's Dominions, from the Date of the Instrument.
II. A Conditional Pardon, when approved by His Majesty through the Secretary of State, but not before, restores the Rights of Freedom, from the Date of the Instrument, within the Colony. But it bestows no Power of leaving the Colony, and no Rights whatsoever beyond its limits.
This and the former, when once confirmed according to Law, cannot be revoked; and the holders are of course equally empowered to pursue their lawful occupations in any Part of the Country, as if they had never been convicted.
III. A Ticket of Leave is a permission to the Individual to employ himself for his own benefit, and to acquire Property, on condition of residing within the District therein specified; of presenting himself and producing his Ticket before the Magistrates at the Periods prescribed by the Regulations; and of attending Divine Worship Weekly, if performed within a reasonable distance. But he is not allowed to remove into another District without the express Sanction of Government entered on the face of his Ticket; the Ticket itself is liable to be resumed at any Time at the pleasure of the Governor; and, in that case, the Individual reverts to the situation of a Prisoner of the Crown in every respect.
IV. A Ticket of Exemption from Government Labor differs from a Ticket of Leave, in conferring no permission for the Individual to Employ himself for his own Benefit or to acquire Property, but simply the privilege of residing until the next 31st December, with the Person therein named, generally a Relation, in some specific District, and no other. In requiring the Attendance at Muster and Divine Worship, it is as strict as a Ticket of Leave, and, like it is liable to be resumed at any Time by His Excellency's Order; it is also void, if not renewed on the 1st January, every Year, and the holder then becomes liable to be treated as a Prisoner of the Crown, unlawfully at large.

[From N.S.W. Governors' Proclamations, Acts of Council, Etc. 1830. Sydney. ML, extracted from TA Barker, The way it was, Sydney, 1965]

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