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S. 13. His Ma
" and there deliver him to such superintendant or overseer, toge“ther with a true copy, attested by such sheriff or gaoler, of the
caption and order of the court by which such offender was sen“ tenced or ordered for transportation, containing the sentence or “ order of transportation of each such offender, by virtue whereof “ he shall be in the custody of such sheriff or gaoler; and also a “ certificate, specifying concisely the description of his crime, his
age, whether married or unmarried, his trade or profession, and
an account of his behaviour in prison before and after his trial, " and the gaoler's observations on his temper and disposition, and “ such information concerning his connexions and former course “ of life as may have come to the gaoler's knowledge; and such
superintendant or overseer shall give a receipt in writing to the “ sheriff or gaoler for the discharge of such sheriff or gaoler."
The act then authorizes his Majesty to appoint a superintendant, an assistant to the superintendant, and an overseer for such places of confinement; specifies the duties of the superintendant; and contains regulations for the cleansing, purifying, and clothing, the offenders brought to such places.(d)
The thirteenth section enacts “ that it shall be lawful for his jesty in coun- Majesty, by any order or orders in council, to declare his royal cil may direct
“ will and pleasure, that male offenders convicted in Great Britain, convicts to be employed in
“ and being under sentence or order of transportation, shall be any part of his “ kept to labour in any part of his Majesty's dominions out of dominions out « England, to be named in such order or orders in council; and of England, under the ma
“ that whenever his Majesty's will and pleasure shall be so denagement of a “ clared in council, it shall be lawful for one of his Majesty's superintend
principal secretaries of state to direct the removal and confineant, &c.
ment of any such male offender, either at land or on board any “ vessel to be provided by his Majesty, within the limits of any
port or harbour in that part of his Majesty's dominions which « shall be named in such 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 other place of confine
ment; and that every offender who shall be so removed shall “ continue on board the vessel or other place of confinement to be “ so provided, or any similar vessel or other place of confinement “ to be from time to time provided by his Majesty, until his Ma
jesty shall otherwise direct, or until the offender shall be entitled
“ to his liberty.” S. 15. Declares The fifteenth section enacts“ that, after the removal of any the power and “ offender under this act, the superintendant and overseer, who perintendant
“ shall have the custody of him, shall, during the term of such and overseer. custody, have the sane powers over him as are incident to the
6 office of a sheriff or gaoler, and shall in like manner be answer“able for any escape of such offender; and if any offender shall
during such custody be guilty of any misbehaviour or disorderly
conduct, the superintendant or overseer shall be authorized to “ inflict or cause to be inflicted on him such moderate punishment
or correction as shall be allowed by one of his Majesty's princi
pal secretaries of state; and such superintendant or overseer “ shall also, during such custody, see every offender fed and
(d) S. 11, 12
duties of the
“ clothed according to a scale of diet and clothing to be fixed on “ and notified in writing by one of his majesty's principal secreta“ries of state to the superintendant; and shall keep such offender “ to labour at such places, and under such regulations, directions, “ limitations, and restrictions, as by such secretary of state shall “ from time to time be prescribed; and in case of the absence of
any such superintendant or overseer, or of the vacancy of his “ office, his duties or powers shall be discharged and exercised in “ all respects by the officer or person on whom the command of “the place of confinement shall devolve.” The superintendant is also empowered to act as a justice of the peace. (e)
The seventeenth section enacts “ that whenever any convict ad- S. 17, Convicts “ judged to transportation by any court or judge, in any part of adjudged by “ his majesty's dominions not within the united kingdom, or any the united “ convict adjudged to suffer death by any such court or judge, and kingdom to “ pardoned on condition of transportation, has been or shall be and convicts
brought to England in order to be transported, it shall and may pardoned on “ be lawful to imprison any such offender in any place of confine- condition of “ ment provided under the authority of this act, until such convict transportation, “ shall be transported, or shall become entitled to his liberty; and brought to " that so soon as every such convict shall be so imprisoned, all the to England, be “ provisions, rules, regulations, clauses, authorities, powers, pe- and transport“ nalties, matters and things aforesaid, concerning the safe cus- ed.
tody, confinement, treatment, and transportation, of any offender “ convicted in Great Britain, shall extend and be construed to ex“ tend 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.”
It is then provided, that it shall be lawful to keep to hard labour every offender under sentence or order of transportation, while he or she shall remain in the common gaol, if his or her health will permit; and if one or more of the visiting justices shall give a written order to that effect; and that it shall be lawful for one of his majesty's principal secretaries of state, if he shall think fit, to order that
such offender be removed from the common gaol to the house of correction, and there kept to hard labour. (f) And the time during which any offender shall continue in any gaol or house of correction, or in any such place of confinement as aforesaid, under sentence or order of transportation, is to be reckoned in discharge or part discharge of the term of transportation or banishment.(g) Provision is then made for the secure removal of offenders through any county to the seaports or places of confinement, and for the payment of the expenses of removal by the county in which the conviction took place.(h) The twenty-second section enacts “ that if any offender who S.22. Offenders
ordered to be (e) S. 16.
(8) S. 19. ) S. 18.
(h) S. 20, 21.
made liable to
transported, « shall have been or shall be so sentenced or ordered to be trans&c. and being “ported or banished, or who shall have agreed or shall agree to large, withont “transport or banish himself or herself on certain conditions, lawful cause,
“ either for life or any number of years, under the provisions of capital punish:
“ this or any former act, shall be afterwards at large within any
part of his majesty's dominions, without some lawful cause, be“ fore the expiration of the term for which such offender shall “ have been sentenced or ordered to be transported or banished,
or shall have so agreed to transport or banish himself or herself, “every such offender so being at large, being thereof lawfully con
“ victed, shall suffer death, as in cases of felony, without the beneAnd may be “ fit of clergy; and such offender may be tried either in the county tried where
or place where he or she shall be apprehended, or in that from prehended, or where they
“ whence he or she was ordered to be transported or banished; were ordered “ and if any person shall rescue, or attempt to rescue, or assist in to be trans
“ rescuing or attempting to rescue, any such offender from the ported.
custody of such superintendant or overseer, or of any sheriff or Persons rescuing or attempt
gaoler, or other person conveying, removing, transporting or ing to rescue,
reconveying him or her, or shall convey, or cause to be conveyed &c., such of fenders pu
any disguise, instrument for effecting escape, or arms, to such nishable as if
“ offender, every such offence shall be punishable in the same
manner as if such offender had been confined in a gaol or prison, bad been confined in a gaol
“ in the custody of the sheriff or gaoler, for the crime of which or prison.
“such offender shall have been convicted; and whoever shall Reward upon
“ discover and prosecute to conviction any such offender so being conviction of “ at large within this kingdom, shall be entitled to a reward of offenders found at large.
“twenty pounds for every such offender so convicted.”
The 231 section enacts, “ that in any indictment against any S. 23. Form of indictment
“ offender for being found at large, contrary to the provisions of against of- “ this or of any other act now made, or hereafter to be made; and fenders found
“ also in any indictment against any person who shall rescue, or at large, and against per
“ attempt to rescue, or assist in rescuing, any such offender from sons rescuing, “ such custody, or who shall convey, or cause to be conveyed, any
“ disguise, instrument for effecting escape, or arms, to any such “ offender, contrary to the provisions of this or of any other act
now made, or hereafter to be made, whether such offender shall “have been tried before any court or Judge, within or without “ the united kingdom, or before any naval or military court-mar“tial, it shall be sufficient to charge and allege the order made “ for the transportation or banishment of such offender, without “ charging or alleging any indictment, trial, conviction, judgment, “ or sentence, or any pardon or intention of mercy, or significa“ tion thereof, of or against, or in any manner relating to such
66 offender.” S.24. Evidence The 24th section enacts, " that the clerk of the court or other by certificate
“officer having the custody of the records of the court where such of the clerk of the court, &c. “ sentence or order of transportation or banishment shall have of the convic- “ been passed or made, shall, at the request of any person on his tion and sen
“ majesty's behalf, make out and give a certificate in writiny, tence.
signed by him, containing the effect and substance only (a) (omitting the formal part) of every indictment and conviction of
(a) See Rex v. Watson, ante, 368.
“ such offender, and of the sentence or order for his or her trans“portation or banishment, (not taking for the same more than “ six shillings and eightpence), which certificate shall be sufficient “ evidence of the conviction and sentence, or order for the trans
portation or banishment of such offender; and every such certi
ficate, if made by the clerk or officer of any court in Great Bri“ tain, shall be received in evidence, upon proof of the signature “ and official character of the person signing the same; and every “ such certificate, if made by the clerk or officer of any court out “ of Great Britain, shall be received in evidence, if verified by the “seal of the court, or by the signature of the Judge, or one of the “ Judges of the court, without further proof.”
The 25th section enacts, “ that nothing in this act contained ș. 25. The act
respecting offenders under sentence or order of banishment, is not to extend “ shall apply to persons adjudged to be banished, under and by banished under “ virtue of an act passed in the sixtieth year of his late majesty's 60 G. 3. and I “ reign, intituled, ' An act for the more effectual prevention and G. 4. c. 8. “punishment of blasphemous and seditious libels.”
The 56 G. 3. c. 63., and the 59 G. 3. c. 136. were passed for 56 G. 3. c. 63. the purpose of regulating the general Penitentiary for convicts, 1936. as to con: erected (n) at Millbank, in the county of Middlesex, and authorize victs sentenced the confinement of certain convicts sentenced to transportation in to transportathat place ; and contain certain provisions respecting such convicts tion; and.com breaking prison or escaping, or attempting to break prison, &c., and neral Penitenrespecting persons rescuing, or attempting to rescue them, or tiary at Millsupplying means of escape.
The latter statute repealing s. 43 of the 56 G. 8. c. 63. enacts, 59 G. 3. c. 113. “ that if any convict, who shall be ordered to be confined in the s. 17. Convicts
confined in the “ said Penitentiary, shall, at any time during the term of such
Penitentiary “ confinement, break prison, or escape from the place of his or her breaking pri“ confinement, or in his or her conveyance to such place of con“ finement, or from the person or persons having the lawful cus- punished by an
ing, are to be “tody of such convict, he or she so breaking prison or escaping addition to the “ shall be punished by an addition not exceeding three years to term of their. " the term for which he or she, at the time of his or her breach and, upon a se. “ of prison or escape, was subject to be confined; and if such cond breach of “ convict so punished by such addition to the term of confinement prison or es« shall afterwards be convicted of a second escape or breach of guilty of felony “ prison, he or she shall be adjudged guilty of felony, without be- without clergy. “ nefit of clergy.” And it further enacts, “ that if any convict And convicts “ who shall be ordered to be confined in the said Penitentiary, attenplins,&c. “ shall at any time during the term of such confinement attempt nished by ad“to break prison, or escape from the place of his or her confine- ditional impri
ment, or shall forcibly break out of his or her cell, or shall make
any breach therein, with intent to escape therefrom ; he or she, “ so offending, being convicted thereof, shall be punished by an “ addition not exceeding six calendar months to the term for which “ he or she at the time of committing any such offence was sub“ject to be confined.” The 56 Geo. 3. c. 63. s. 44. enacts,
" that if any person shall 56 G. 3. c. 63.
son or escap
8. 44. Persons
(n) It was erected under the provisions of the 52 Geo. 3. c. 41.
rescuing con- rescue any convict who shall be ordered to be confined within victs ordered
“ the said Penitentiary, either during the time of his or her conto be confined in the Peniten- veyance to the said Penitentiary, or whilst such convict shall be tiary, or aiding “ in the custody of the person or persons under whose care and in such rescue; “ charge he or she shall be so confined; or if any person shall be felony, and aiding or assisting in any such rescue, every such person so confined in the “ rescuing, aiding, or assisting, shall be guilty of felony, and may Penitentiary.
“ be ordered to be confined in the said Penitentiary, for any term And persons having the cus- “ not less than one year, nor exceeding five years ; and if any pertody of such
son having the custody of any such convict as aforesaid, or convicts, and voluntarily
“ being employed by the person having such custody as a keeper, permitting an “ under-keeper, turnkey, assistant, or guard, shall voluntarily perescape, and
“ mit such convict to escape; or if any person whatsoever shall, aiding or at
by supplying arms, tools, or instruments of disguise, or othertempting any “ wise be in any manner aiding and assisting to any such convict
“ in any escape, or in any attempt to make an escape, though no rescue, guilty of fe
escape be actually made, or shall attempt to rescue any such lony. And any o convict, or be aiding and assisting in any such attempt, though person having such custody,
no rescue be actually made, every such person so permitting, and negligently “ attempting, aiding, or assisting, shall be guilty of felony; and permitting an “ if any person having such custody, or being so employed by the escape, to be
person having such custody as aforesaid, shall negligently perguilty of a mis
“ mit any such convict to escape, such person so permitting shall “ be guilty of a misdemeanor; and, being lawfully convicted of “ the same, shall be liable to fine or imprisonment, or to both, at
“ the discretion of the court.” 56 G. 3. c. 63. The 45th section of the same statute relates to the more ready s. 45. Trial for and effectual trial and conviction of persons committing offences such offences.
within the act; and provides that any convict so escaping, breaking prison, or being rescued, may be tried either in the county
where he shall be apprehended and retaken, or in the county in Evidence of which the said offence shall have been committed; and that, in the order of
any prosecution for such escape, attempt to escape, breach commitment to such Peni- of prison, or rescue, either against the convict escaping, or attentiary. tempting to escape, or having broken prison, or being rescued, or
against any other person or persons concerned therein, or aiding, abetting, or assisting the same, a copy properly attested, of the order of commitment to such Penitentiary, shall, (after proof made that the person then in question before the court is the same that was delivered with such order,) be sufficient evidence to the court and jury that the person then in question was so ordered to
such confinement. 6 G. 4. c. 5. The mutiny acts also make provision for the punishment of Mutiny Act,
persons returning from transportation after sentence by a courtprovides for the punish- martial. By the last of these acts, 6 Geo. 4. c. 5., where a nonment of per- commissioned officer or soldier is convicted of desertion, and the sons returning from trans
court-martial shall not think the offence deserving of capital portation after punishment, they may, instead of a corporal punishment, adjudge sentence by a the offender to be transported for life, or a term of years; and in court-martial.
all cases wherein a capital punishment shall have been awarded by a court-martial, the king may order the offender to be transported as a felon, for life, or for a term of years. And if such non-com