1 Court may subtitule transportation for burning in the hand or whip 4 Geo. 1. c. 11. s. 1. Eng. ing where such men or women as once had the benefit of the 9 W. 3. c. 7. shall have been convicted, shall, at the prayer of any person on her majesty's behalf, certify a transcript briefly containing the effect of any indictment and conviction of such men or women, and of their having had the benefit of clergy, or of the said former statute, or of this statute; and also shall certify the addition of every such person, and the certainty of the felony and conviction, to the justice or justices of the county where such person shall be indicted; which certificate being produced in court, shall be a sufficient proof that such persons were formerly convicted of the offences therein mentioned, and that they have already had the benefit of clergy, or of this or the former statute, in the same manner as if the record were produced. By the 4 Geo. 1. c. 11. Eng. as amended by the 6 Geo. 1. c. 23. Eng. where any person shall be convicted of grand or petit larceny, or any felonious stealing or ping, in convic- taking of money or goods, within the benefit of clergy, tions for larceny and liable only to burning in the hand or whipping, (except persons convicted for receiving or buying stolen goods knowing them to be stolen,) the court before • By 6 Geo. 1. whom he shall be convicted [*or any subsequent court, e. 23. s. 2. Eng. with like authority, held for the same county, &c. where such offender was convicted,] instead of ordering him to be burned in the hand or whipped, may order him to be sent as soon as conveniently may be, to some of his majesty's plantations in America, for 7 years; and shall have power to convey, transfer, and make over such offender, by order of court, to the use of any person who shall contract for the performance of such transportation, to him and his assigns for 7 years. And by s. 3. every person to whom any court shall so order such offender to be transferred, &c. before he shall be delivered over to such person, or his assigns, to be transported, shall contract with such person as shall be ordered by the said court or judge, and give security to the satisfaction of the court, that he will transport (or cause, &c.) effectually such offender, to such of his majesty's plantations in America as shall be ordered by S. 3. Contract to be entered into for effectually transporting such persons. 1 s. 2. Returning from transportation a capital felony. Vide p. 589 Provise. said court, and procure an authentic certificate from the governor or the chief custom-house officer of the place, (which certificate they are required to give forthwith without fee) of the landing of such offender in the place whereto he shall be ordered, (death and casualties of the sea excepted,) and that no such offender shall be suffered to return from said place to any part of Great Britain or Ireland, by the wilful default of such person so contracting, or his assigns. And by s. 2. if any of fender so transported for 7 years, [*or 14 years,] shall return into Great Britain or Ireland, before the end of his term, he shall be liable to be punished as a person attainted of felony without benefit of clergy; and execution may be awarded accordingly. Provided that the king may pardon and dispense with such transportation, and allow of the return of any such offender from America, he paying his owner or proprietor, at the time of such pardon or dispensation, such sum as shall be adjudged reasonable by any 2 justices of peace residing within the province where such owner dwells; and where any offender shall have served his term according to the order of such court, such service shall have the effect of a pardon. And by the 19 Geo. 3. c. 74. s. 1. Eng. 19 Geo.3. c.74. s. 1. Eng. when any person at any session of oyer and terminer, or gaol delivery, or at any quarter or other general session Court may order of the peace, to be holden for any county, &c. within transportation to England, or at any great session to be holden for Ches- yo'd the seys, ter, or within Wales, shall be convicted of grand or America. petit larceny, or any other crime for which he is liable to be transported to his majesty's colonies in America, it shall be lawful for the court before which such person hath been convicted, or any court holden for the same place with like authority, to order and adjudge that such person shall be transported to any parts beyond the seas, whether the same be situated in America or elsewhere, in such manner, and for any term of years not exceeding the term for which such person is so liable to be transported to America. And by s. 2. when any such convict shall be ordered to be transported to any parts beyond the seas, or if his majesty shall pardon any such offender VOL. II. 4 K any parts be instead of 4.2. Provisions of former acts against return tended to this. offender convicted of any felony by which he is excluded the benefit of clergy, upon condition of transing from transportation to any parts beyond the seas as aforesaid; in portation exall such cases, all laws, &c. now in force with regard to the transportation of criminals to any of his majesty's colonies in America, and their punishment for being afterwards at large before the expiration of the term for which they were ordered to be transported, or had agreed to transport themselves, shall be in force, as if The 24 the same were specially inserted in this act. 24 Geo.3. st. 2. c. 56, s.1. Eng. Geo. 3. st. 2. c. 56. Eng. further provides, that when any person, at any session of oyer and terminer, or gaolKing and couneil, may order delivery, or at any quarter or other general session of any offender lia ation to be transported to or without his dominions. e to transport- the peace, to be holden for any county, &c. within England, or at any great session for Chester or Wales, shall any plase within be lawfully convicted of grand or petit larceny, or any other offence for which such person shall be liable to be transported, it shall be lawful for the court before which such person shall be convicted, or any subsequent court holden at any place for the same county, &c. with like authority, to order and adjudge that such person shall be transported beyond the seas, for any term of years not. exceeding the number or term for which such person shall be liable to be transported; and in every such case, it shall be lawful for his majesty, with the advice of his privy council, to appoint to what place, or part beyond the seas, either within his majesty's dominions, or elsewhere out of his dominions, such offender shall be conveyed or transported; and such court may order such offender to be transferred to the use of any person, and his assigns, who shall contract for the due performance of such transportation; and such person so con tracting, or his assigns, shall have a property in the service of such offender, for such term. And by s. 2. every person to whom any such offender shall be transferred as aforesaid, shall, before he shall be delivered over to him, give security that he will transport, (or portation of such cause, &c.) effectually, such offender to such place or part beyond the seas, as shall be appointed by his majesty as aforesaid, and procure such evidence as the nature of the case will admit of the landing of such of & 2. Security to be given for the effectual trans Dunvicts. fender &c. s.3. Court may ap who point 2 justices to contract for transportation of rities shall be for. fender, in the place, &c. to which he shall be ordered to be transported, (death and casualties by sea excepted,) and that he shall not be suffered to return to Great Britain or Ireland by the wilful default of the person so contracting, or his assigns. By s. 3. such court as aforesaid may appoint 2 justices of peace for the county, where such offender shall have been convicted, shall have power to contract with any person for the transportation of such offender, and to order such se- such convicts, curity to be taken as aforesaid, and also to cause such offender to be delivered by the gaoler in whose custody he shall be, to the person contracting, or his assigns; which contracts and security shall be certified by the justices who shall make and take the same, to the next court to be holden with like authority for said county, &c. to be filed and kept amongst the records of such court: And all securities for transportation shall be by bond, in the name of the respective clerks of the peace, How such secu or other clerks of the court, who shall prosecute such passed and sued bonds in their own names; for which purpose, every such clerk of the peace, &c. shall be deemed a body corporate, and shall be paid all such costs as they shall sustain in such suit, as the justices of peace shall at their quarter sessions direct, out of the public stock; and all monies recovered on such bonds, shall be for the use of the respective county, &c. and be paid to the treasurer, to be part of the public stock: and all charges in or about making the contracts, taking securities, and conveying offenders to be transported, shall be borne by each county, &c. for which the court was held which ordered such offender to be transported; and the respective treasurers shall, by order of the justices in quarter sessions, pay all such charges to the persons employed. By s. 4. the person so contracting as aforesaid, and to whom any offender shall be delivered in order to be transported, or any person directed by the said justices (empowered to contract as aforesaid), or their assigns, ized by justices may, in such manner as they shall think fit, carry and vict through any secure such offenders in and through any county of Great Britain, towards the sea-port or place from whence they are to be transported; and if any person shall rescue S. 4. Contractor or person author may convey con county to sea port. Rescuing convict a capital felony. 8. 5. A capital felony to be at large within Great of agreement for Certificate of lerk of assize, any such offender, or assist him in making his escape from such person as shall have him in his custody as aforesaid, he shall be guilty of felony without benefit of clergy. And by s. 5. if any offender who shall be so ordered by any such court as aforesaid, to be transported beyond the seas, or who shall agree to transport Britain or he himself ou certain conditions, either for life or any lund, after order number of years, to any such place or part as shall be transportation. appointed by his majesty in manner aforesaid, shall be afterwards at large within Great Britain or Ireland, without some lawful cause, before the expiration of the term for which he shall have been ordered to be transported, [*or shall have agreed to transport himself as aforesaid,] such offender, being thereof convicted, shall suffer death without benefit of clergy; and such offender may be tried either before justices of assize, oyer and terminer, great sessions, or gaol-delivery, where such offender shall be apprehended, or from whence he was ordered to be transported; and the clerk of assize, clerk of the peace, or other officer or clerk of the court having the custody of the records where such orders of transportation shall be made, shall, at the request of the prosecutor, or any other on his majesty's behalf, make out and give a certificate in writing signed by him, containing the effect and substance only (omitting the formal part) of every indictment and conviction of such offender, and of the order for his transportation, to the justices of assize, &c. where such offender shall be indicted, (not taking for the same, more than 2s. 6d.) which certificate shall be proof of the conviction and Reward for pre-order for transportation: and whosoever shall discover secuting stich and prosecute to conviction of felony without benefit of clergy, any such offender so being at large; shall be entitled to a reward of £20. for every offender so convicted; and shall have the like certificate, without fee or reward, as any person may be entitled unto for the apprehending and prosecuting to conviction persons who have committed any robbery upon the highway. Provided &c. evidence of conviction and order for transportation. offenders to conviction *This refers to a clause which will be stated in another place. |