transportation,

appointed by his majesty in council in that behalf, without first bringing 1. Statutes them to England;" enacts, "That whenever any convict adjudged to Regulating. transportation by any court or judge in any part of his majesty's dominions not within the United Kingdom, or any convict adjudged to suffer 5 Geo. IV. c. 84. death by any such court or judge, and pardoned on condition of trans- Convicts adjudged by courts portation, have been or shall be brought to England in order to be out of the United transported, it shall and may be lawful to imprison any such offender in Kingdom to any place of confinement, provided under the authority of this act, until and convicts parsuch convict shall be transported, or shall become entitled to his liberty; doned on condiand that so soon as every such convict shall be so imprisoned, all the pro- tion, may, when tion of transportavisions, rules, regulations, clauses, authorities, powers, penalties, matters, brought to Engand things aforesaid, concerning the safe custody, confinement, treatment, land, be impriand transportation of any offender convicted in Great Britain, shall ex- ported. tend, and be construed to extend, to every convict who may have been or may be hereafter adjudged to transportation by any court or judge in any part of his majesty's dominions not within the United Kingdom, and to every convict adjudged by any such court or judge to suffer death, and pardoned on condition of transportation, and brought to England in order to be transported, as fully and effectually, to all intents and purposes, as if such convict had been convicted and sentenced at any session of gaol delivery holden for any county within England."

soned and trans

bour, fand may

Sect. 18. "It shall be lawful to keep to hard labour every offender under Convicts may be sentence or order of transportation, while he or she shall remain in the kept to hard lacommon gaol, if his or her health shall permit, and if one or more of the be removed to visiting justices of such gaol shall give a written order to that effect; and house of correcthat it shall be lawful for one of his majesty's principal secretaries of state, if he shall think fit, to order that any such offender be removed from the common gaol to the house of correction, and there kept to hard labour."

tion.

Sect. 19. "The time during which any offender shall continue in any Time of imprigaol or house of correction, or in any such place of confinement as afore- sonment deemed said, under sentence or order of transportation or banishment, shall be part of term. taken and reckoned in discharge, or part discharge, of the term of his or her transportation or banishment."

Sect. 20. "The sheriff or gaoler, and every person employed in the Offenders may be carried through conveyance of any offender, in order to be transported or banished, or to any county to the be imprisoned in any such place of confinement as aforesaid, or in the seaport. reconveyance of any offender from any such place of confinement to the gaol or prison from which he was removed, may, in such manner as he shall think fit, carry and secure such offender in and through any county of Great Britain, towards the seaport or place from whence he or she is to be transported or banished, or where he or she is to be confined, or to the gaol or prison to which he or she is to be reconveyed."

Sect. 21. In England and Wales, all such fees, on the delivering out Expenses of reof custody of any such offender so ordered to be transported or removed, moval to be paid by county where as have usually been paid to the sheriff or gaoler, and all reasonable ex- conviction took penses which the sheriff or gaoler shall incur in every such removal, shall place. be paid by the county, riding, division, city, borough, liberty, or place, for which the court in which the offender was convicted shall have been held; and the sheriff or gaoler shall receive the money due for such expenses from the treasurer of such county, riding, division, city, borough, liberty, or place; such fees and expenses being first allowed by the order of the justices of the peace at their quarter or other general sessions of the peace, who are hereby required to make such order as shall be just in

that behalf; and the clerk of the court shall be paid by such treasurer Fee to clerk of

the same fee as hath been usually paid, and he is lawfully entitled to the court. receive, for every order of transportation; and, in Scotland, all such fees

and expenses shall be paid in the same manner as has been heretofore

practised."

Sect. 22, 23, and 24, relate to the offence of returning from transportation. See them, post, 292.

1. Statutes Regulating.

5 Geo. IV. c. 84. Proviso for persons banished un

c. 8.

For protecting transported felons

herein mentioned

in the enjoyment

of property ac

quired after con

viction.

By sect. 25, the act is not to extend to persons adjudged to be banished under the 60 Geo. III. c. 8, as to blasphemous and seditious libels. But now, by the 1 Will. IV. c. 73, that part of the 60 Geo. III. is repealed.

Sect. 26. "And whereas it hath sometimes happened, that felons under sentence or order of transportation in New South Wales and the islands der 60 Geo. III. adjacent, have received from the governor or lieutenant-governor thereof remissions, either absolute or conditional, of the whole or of some part of the term of their transportation, and have by their industry acquired property, in the enjoyment whereof it is expedient to protect them; and the like may happen in future in the same colony, and in other colonies to which felons may be transported under and by virtue of this act;” be it therefore enacted, "That it shall and may be lawful for every felon under sentence or order of transportation, who hath received or shall receive any such remission as aforesaid from the governor or lieutenant-governor of New South Wales, or from the governor or lieutenant-governor of any other colony, who may be authorized to grant the same, while such felon shall reside in a place where he lawfully may reside under such sentence, order, or remission, and under the provisions of this act, to maintain any action or suit for the recovery of any property, real, personal, or mixed, acquired by such felon since his or her conviction, and for any damage or injury sustained by such felon since his or her conviction, not only in the courts of the colony or place where such felon shall lawfully reside but also in the courts of this kingdom, and of all other his majesty's dominions; and if the defendant in any such action or suit shall plead or allege in his defence the plaintiff's or complainant's conviction of felony, and the plaintiff or complainant shall allege and prove that he or she hath received such remission as aforesaid, and is residing in some place consistent therewith and with the provisions of this act, a verdict shall pass, and judgment shall be given, for the plaintiff or complainant."

In actions for executing act. General issue.

Sect. 27. "If any suit or action shall be prosecuted in England, Wales, or Ireland, against any person for anything done in pursuance of this act, the defendant may plead the general issue, and give this act and the special matter in evidence at any trial to be had thereupon, and that the same was done by the authority of this act; and if a verdict shall pass fat the defendant, or judgment shall in any manner be given against the plaintiff, the defendant shall recover treble costs, and have the like remedy for the same as any defendants have by law in other cases; and notwithstanding a verdict shall be given for the plaintiff in any such action, such costs to plaintiffs. plaintiff shall not have costs against the defendant, unless the judge before whom the trial shall be had shall certify his approbation of the

In what case no

Limitation of actions.

Repeal of acts.

verdict."

Sect. 28. "All actions, suits, and prosecutions against any person for anything done in pursuance of this act shall be commenced within six calendar months after the fact committed, and not otherwise; and if the fact was done within the body of any county, it shall be laid and tried in that county, and no other; and if done out of the body of any county, it shall be laid and tried in the county of Middlesex, and not elsewhere."

By sect. 29, from and after the commencement of this act, so much of the 4 Geo. I. c. 11 (a), as relates to contracts and security for the transportation of offenders, and to the punishment of those who return from transportation; and so much of the 6 Geo. I. c. 23 (a), as relates to the same objects; and the 16 Geo. II. c. 15, and 8 Geo. III. c. 15; and so much of the 28 Geo. III. c. 24, as relates to the transportation of offenders, and their removal to and imprisonment in temporary places of confinement (viz. sect. 4, 5); and so much of the 31 Geo. III. c. 46, as relates to the imprisonment and employment in hard labour of prisoners sentenced to transportation (viz. sect. 7); and the 43 Geo. III. c. 15, shall be repealed.

(a) The 7 Geo. IV. c. 27, repeals the rest of these two acts, except section 7

of the 4 Geo. I. c. 11.

11 Geo. IV. &

By the 11 Geo. IV. & 1 Will. IV. c. 39, intituled " An Act to amend an 1. Statutes Act passed in the Fifth Year of his present Majesty, for the Transportation regulating of Offenders from Great Britain, and for punishing Offences committed by TransportaTransports kept to labour in the Colonies," passed 16th July, 1830, tion, &c. of reciting that, by the 5 Geo. IV. c. 84, "it is amongst other things en- Offenders. acted, that it shall 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 i will. IV. c. 39, the seas, either within or without his majesty's dominions, to which felons reciting 5 Geo. IV. and other offenders under sentence or order of transportation or banish-s. 84. ment shall be conveyed; and that, when any offenders shall be about to be transported or banished from Great Britain, one of his majesty's principal secretaries of state shall give orders for their removal to the ship to be employed for their transportation, and shall authorize and empower some person to make a contract for their effectual transportation to some of the places so appointed, and shall direct security to be given for their effectual transportation, in the manner thereinafter mentioned; and it is thereby further enacted, that whenever the transportation of any such offender shall take place in any ship belonging to his majesty, it shall be lawful for one of the principal secretaries of state, by warrant under his hand, to nominate some person or persons who shall have the custody of such offender during the voyage, and thereupon such offender may be delivered to such nominee or nominees, without any contract or security being required or given for the effectual transportation of such offender; and it is thereby further enacted, that so soon as any such offender shall be delivered to the governor of the colony, or other person or persons to whom the contractor or such nominee or nominees as aforesaid shall be so directed to deliver him or her, the property in the service of such offender shall be vested in the governor of the colony for the time being, or in such other person or persons as aforesaid: and whereas divers felons and other offenders have heretofore been transported from Great Britain to his majesty's colonies of * South Wales and Van Diemen's Land respectively, Sic. and in pursuance of the directions of one of the principal secretaries of state have been delivered to the governors of those respective colonies, or other persons in those colonies to whom such respective contractors or nominees as aforesaid have been so directed to deliver them; but, from divers unforeseen causes, it hath occurred that some of such offenders have been landed and put on shore, and delivered at one of the beforementioned colonies, who ought, according to such directions as aforesaid, to have been landed and put on shore, and delivered at the other of the before mentioned colonies: and whereas, under the licences of the governors of the said respective colonies, divers offenders who had been transported as aforesaid, have from time to time been removed from the one to the other of the said colonies: and whereas doubts have arisen whether offenders who have been so landed, put on shore, and delivered or removed as aforesaid, can, within the respective colonies in which they are now respectively resident, be lawfully dealt with in such and the same manner as if they were respectively resident within the colony to which they were originally sentenced or ordered to be transported:" it is enacted, "That all felons and other offenders who have heretofore been Felons ordered to transported from Great Britain to New South Wales, or to Van Diemen's be put on shore Land, or to their respective dependencies, and who, having been contracted but put on shore or ordered to be landed, and put on shore, and delivered in one of those in the other, and colonies, have in fact been landed, and put on shore, and delivered at the from one colony other of those colonies, and that all such felons and other offenders who, to the other, subunder the licence, or by the order or with the consent of the governor, or ject to the same of the officer administering the government of either of the said colonies, convicts in the have been removed from the one to the other of such colonies, shall, same colony. within the colony in which they are respectively now resident, be subject and liable to all such and the same laws, rules, and regulations as if they had been contracted or ordered on their original transportation to be delivered to the governor or the officer administering the government of

VOL. VI.

U

in the one colony,

those removed

rules as other

1. Statutes regulating Transportation, &c. of Offenders.

such colony, and shall within the colony in which they are respectively now resident be dealt with, governed, and disposed of in all respects, in such and the same manner, as other convicts within the same colony; and that the property in the service of all such offenders shall be vested in the governor or officer administering the government of the colony in which they are actually resident, in the same manner, and subject to all such 1 Will. IV. c. 39, and the same rules and conditions, as if they had been contracted or ordered on their original transportation to be delivered to him."

11 Geo. IV. &

Governor of the one colony may

receive felons who

delivered in the

other colony.

Sect. 2. "In any case in which a ship conveying felons or other offenders from the United Kingdom of Great Britain and Ireland, the are ordered to be master of which has entered into a contract or been ordered to deliver such felons or other offenders at the colony or place specified in such contract or order, shall, by stress of weather or other circumstances, convey such felons or other offenders to any other colony or place to which such offenders may legally be transported or banished, the governor a officer administering the government of such other colony or place is hereby authorized, if he shall deem it expedient, to receive and retain such felons or other offenders in the said colony or place; and the said felons or other offenders shall be subject and liable to all such and the same laws, rules, and regulations, as if they had been contracted a ordered on their original transportation to be delivered to him."

Governor of one colony may remove felons to the other colony.

Convicts removed

to another liable to punishment

Sect. 3. "It shall be lawful for the governor or the officer administerin the government of either of the said colonies, with the concurrence of th governor or officer administering the government of the other of the sai colonies, by an order in writing under his hand, to authorize the remova of any such convicts as aforesaid from the colony under his governmen to the other of the said colonies, and for that purpose to deliver any such convicts into the charge of the master of any ship or any other prope person proceeding directly to the colony to which such removal is to b made, and to contract with such master or other person for the effectua removal of such convicts to such other colony, and to take security bond to his majesty that he will effectually remove or cause to be remove every convict included in such contract to the colony to which it is pro posed so to remove him, and procure from the governor or officer admi nistering the government of such colony a certificate of the landing of sud convict there (death and casualties by sea excepted), and that such con vict shall not be suffered to escape from the vessel in which he or she shall be so removed, by the wilful default of such contractor, or of any person employed by him."

Sect. 4. All and every the laws in force for the punishment of mis from one colony behaviour or disorderly conduct by any offender on board of any ship in which he or she may be transported from Great Britain, shall apply and extend, and are hereby extended to every convict who, by virtue of any such order as aforesaid, shall be removed from either of the said colonies to the other of them."

for disorderly conduct.

Convicts removed

to another to be

subject to the regulations of the colony to which

removed.

Sect. 5. "So soon as any such convict shall be delivered to the governor from one colony or to the officer administering the government of the colony to which he or she shall be so removed, such convict shall within such colony be subject and liable to all such and the same laws, rules, and regulations, as if he or she had been contracted or ordered on his or her original transportation to be delivered to the governor or the officer administering the government of such colony, and shall be there dealt with, governed, and disposed of, in all respects, in such and the same manner as other con victs within the same colony; and that the property in the service of every such convict shall be vested in the governor or officer administering the government of the colony to which he or she may be so removed, in the same manner, and subject to all such and the same rules and conditions, as if he or she had been contracted or ordered on his or her original transportation to be delivered to such governor or officer, as aforesaid."

For prohibiting

Sect. 6. "If any person, in contravention of the existing rules and

11 Geo. IV. &

offenders under

regulations for the government of any place of confinement for male 1. Statutes offenders under sentence or order of transportation within England or regulating Wales, or in any part of his majesty's dominions out of England, shall Transportacarry or bring, or attempt or endeavour to carry or bring, into any such tion, &c. of place of confinement as aforesaid, or shall supply or cause to be supplied Offenders. to any offender there confined as an offender, any spirituous or fermented liquors, it shall be lawful for any overseer or other officer belong- 1 Will. IV. c. 39. ing to such place of confinement to apprehend or cause to be apprehended the supply of spisuch person, and to carry such person before a justice of the peace (who rituous liquors to is hereby empowered to hear and determine such offence in a summary sentence of transway); and if he shall lawfully convict such person of such offence, he portation. shall forthwith commit such person to the common gaol or house of correction of the place where the same shall be heard and determined, there to be kept in custody for any time not exceeding three months, without bail or mainprize, unless such person shall immediately pay down such sum of money, not exceeding 207., and not less than 10%., as the said justice shall impose upon such person; one moiety thereof to be paid to the informer, and the other moiety to be paid and made applicable to the maintenance of the place employed for the confinement of offenders under sentence of transportation, as aforesaid."

of extension of

tal offences.

Sect. 7. "When any person shall be convicted at any session of oyer Manner of proand terminer or gaol delivery, or at any quarter or other general session ceeding in case of the peace, to be holden for any county, riding, division, city, borough, mercy to offenders liberty, or place, within that part of Great Britain called England, or at convicted of capiany great session to be holden for the county palatine of Chester, or within the principality of Wales, of any crime punishable by death, if his majesty shall be pleased to extend mercy to any such offender upon condition of imprisonment, or upon condition of imprisonment with hard labour, and such intention of mercy shall be signified by one of his majesty's principal secretaries of state to the court before whom such offender hath been or shall be convicted, or any subsequent court, with the like authority, such court shall allow to such offender the benefit of a conditional pardon, and make an order for the imprisonment of such offender, with or without hard labour, as the case may be; and in case such intention of mercy shall be so signified to the judge or justice before whom such offender hath been or shall be convicted, or to any judge of his majesty's Court of King's Bench or Common Pleas, or to any baron of the Exchequer of the degree of the coif, in England, such judge, justice, or baron shall allow to such offender the benefit of a conditional pardon, and make an order for such imprisonment of such offender, in the same manner as if such intention of mercy had been signified to the court during the term or session in or at which such offender was convicted, and such allowance and order shall be considered as an allowance and order made by the court before which such offender was convicted, and shall be entered on the records of the same court by the proper officer thereof, and shall be as effectual to all intents and purposes, and have the same consequences, as if such allowance and order had been made by the same court during the continuance thereof; and every such order shall subject the offender to be so imprisoned."

deputy to the su

ment out of Eng

Sect. 8. "And whereas, by the aforesaid act of the fifth year of his Power to appoint majesty's reign, power is given to his majesty to appoint a superin- an assistant or tendant of places of confinement within England and Wales, and power perintendant at also to appoint one fit and able person to be assistant or deputy of such places of confinesuperintendant, at one or more of the same places of confinement; and, land. by the said act, power is also given to remove male offenders convicted in Great Britain, and being under sentence or order of transportation, and to confine such offenders at land or on board any vessel to be provided by his majesty within the limits of any port or harbour in any part of his majesty's dominions out of England named in any order in council, under the management of the said superintendant, and of an overseer to be appointed by his majesty for each such vessel or