€ 99.

1853.

16 & 17 Vic. all the said places, as if the same had been originally issued or British stat. subsequently endorsed by a justice of the peace, 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 conveniently may be, before the magistrate by whom the said warrant shall have been issued, or some other magistrate of the same court, and such magistrate shall thereupon make out his warrant under his hand and seal for the recommitment of such convict to the prison or place of confinement from which he was released by virtue of the said licenser, and such convict shall be so recommitted accordingly, and shall thereupon be remitted to his or her original sentence, and shall undergo the residue thereof as if no such licence had been granted.

larceny

after pre

Persons 12. No person shall after the commencement of this act, be convicted of liable to be transported by reason only of a conviction for larceny after a previous conviction for felony, but every such person so viction for convicted may be punished by penal servitude for any term not to be trans- less than four years and not more than ten years.

vious con

felony, not

ported.

Discretion

of courts as

to alterna ments not

tive punish

to be affected..

Transportation to include banishment.

14. Provided also, That nothing herein contained shall interfere with or affect the authority or discretion of any court in respect of any punishment which such court may now award or pass on any offender other than transportation, but where such other punishment may be awarded at the discretion of the court, instead of transportation, or in addition thereto, the same may be awarded instead of, or (as the case may be) in addition to the punishment substituted for transportation under this act.

15. For the purpose of this act, the term, "Transportation" shall include banishment beyond the seas.