1849 Order in Council

"At the Court at Buckingham Palace, the 1st day of May, 1849.


The Queen’s Most Excellent Majesty.

His Royal Highness Prince Albert.

Lord President.
Lord Privy Seal.
Duke of Norfolk.
Lord Chamberlain.
Earl Grey.
Lord John Russell.
Viscount Palmerston.
Sir John Hobhouse, Bart.
Mr. Labouchere.
Sir George Grey, Bart.
Mr. Chancellor of the Exchequer.

Whereas by an Act passed in the fifth year of the reign of His late Majesty King George the Fourth, entitled "An Act for the Transportation of Offenders from Great Britain", it was, amongst other things, enacted, that it should be lawful for His Majesty, by and with the advice of his Privy Council, from time to time to appoint any place or places beyond the seas within or without Her Majesty’s dominions to which felons and other offenders under sentence or order of transportation or banishment should be conveyed:

And whereas, in pursuance of the powers so vested in the Crown as aforesaid by the said recited Act, certain orders have been made by the advice of the Privy Council during the reigns of their late Majesties King George the Fourth and King William the Fourth respectively, and of Her present Majesty, for the purpose of appointing places to which such felons and other offenders as aforesaid should be conveyed:

And whereas it is expedient that further and additional provision should be made for the purpose aforesaid:

Now, therefore, in pursuance and exercise of the powers vested in Her Majesty by the said recited Act, Her Majesty, by and with the advice of Her Privy Council, doth order and it is hereby ordered, that upon and from the first day of June in this present year, Her Majesty’s settlements in Western Australia shall be places to which felons and other offenders in the United Kingdom then being or thereafter to be under sentence or order of transportation or banishment shall be conveyed under provisions of the said recited Act.

And the Right Honourable Earl Grey and the Right Honourable Sir George Grey, Bart., two of Her Majesty’s Principal Secretaries of State, are to give the necessary directions herein accordingly.

(Signed) W. L Bathurst."

Extracted from: Despatch No. 23, 1 June 1849 – from Earl Grey, Secretary of State (U.K.) to Capt. Charles Fitzgerald, Lieutenant-Governor of Western Australia.