Preamble.

Any male, convicted in England of any crime

the faid act; any law, cuftom, or usage, to the contrary thereof, ih any-wife notwithstanding.

CA P. XLIII.

An act to authorife, for a limited time, the punishment by hard labour of offenders who, for certain crimes, are or fhall become liable to be transported to any of his Majefty's colonies and plantations.

W colonies and plantations in America, now in ufe within that

HEREAS the transportation of convicts to his Majesty's

part of Great Britain called England, by virtue of the feveral ftatutes authorifing fuch transportation, is found to be attended with various inconveniences, particularly by depriving this kingdom of many fubjects whofe labour might be useful to the community, and who, by proper care and correction, might be reclaimed from their evil courfes: and whereas, until fome other more effectual provifions, in the place of transportation to his Majefty's colonies and plantations in America, can be framed, fuch convicts, being males, might be employed with benefit to the publick in raising sand, foil, and gravel from, and cleanfing the river Thames; or being males unfit for Jo Severe a labour, or being females, might be kept to hard labour of another kind within England; be it therefore enacted by the King's most excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That, from and after the paffing of this act, where any male person shall, at any feffion of oyer and terminer, or gaol delivery, or at any punishable by quarter or other general feffion of the peace, for any county, tranfportation riding, divifion, city, liberty, borough, town, or place, within to America, that part of Great Britain called England, be lawfully convicted may, instead of grand or petit larceny, or any other crime for which he shall be liable by law to a fentence of tranfportation to any of his kept to hard labcur in Majefty's colonies or plantations in America, it shall and may be cleaning the lawful for the court before whom any fuch person shall be fo river Thames, convicted, or any court held for the fame place with like authoterm not lefs rity, if such court shall think fit, in the place of such punishment by transportation, to order and adjudge that fuch perfon fhall be nor more than punished by being kept to hard labour in the raifing fand, foil, ten years. and gravel from, and cleanfing the river Thames, or any other fervice for the benefit of the navigation of the faid river, under the management and direction of an overfeer or overfeers, to be appointed by the juftices of the peace for the county of Middlefex, at their quarter or other general feffions of the peace, for the fame term of years as the transportation for the faid offence might by law have been adjudged, or for fuch fhorter term as fuch court fhall think fit to order and adjudge; provided that the fame fhall in no cafe be less than three years, or more than ten years.

thereof, be

&c. for any

than three

Inca'e his Ma

II. And be it further enacted, That where any male perfon jeftyfhould ex- fhall, at any feffion of oyer and terminer, or gaol delivery, or at tend his mercy to any male any quarter or other general feflion of the peace for any county,

riding,

to hard la

riding, divifion, city, liberty, borough, town, or place, within convicted of that part of Great Britain called England, be lawfully convicted any felony for of any robbery, or other felony, for which he fhall by law be able to fuffer liable to fuffer death without benefit of clergy, and his Majefty death, the fhall be gracioufly pleafed to extend the royal mercy to any fuch judge may oroffender, upon condition of being kept to hard labour for the der the offenterm of ten years, or any other fhorter time to be specified, in der to be kept the cuftody of fuch overfeer or overfeers as aforefaid; and fuch bour, for the intention of mercy fhall be notified in writing by one of his time specified Majesty's principal secretaries of state to the judge or juftice of by the fecre oyer and terminer, or gaol delivery, in any county, city, or tary of state. place, before whom any fuch offender fhall be convicted or condemned, it shall and may be lawful for every fuch judge or juftice of oyer and terminer, or gaol delivery, to make an order for allowing forthwith to every fuch offender the benefit of a conditional pardon, in the fame manner as if there was a pardon under the great feal; and may and shall adjudge, that every fuch offender shall be kept to hard labour, in the cuftody of fuch overfeer or overfeers as aforefaid, for the time specified in the notification from fuch fecretary of state.

certificate to

III. And be it further enacted, That when any offender fhall When any offender fhall be be ordered to be kept to hard labour, in manner aforesaid, or as ordered to herein-after is directed, the clerk of the affize, clerk of the hard labour, peace, or other clerk of the court by which such order fhall be the clerk of made, fhall give to the fheriff, or gaoler, having the cuftody of the affize, &c. fuch offender, a certificate in writing, under his hand, contain- fhall give a ing an account of the chriftian name, furname, and age of fuch the sheriff or offender; of his offence, of the court before whom he was con- gaoler, victed, and of the term for which he fhall be fo ordered to hard labour; and the fheriff, or gaoler, having the cuftody of fuch offender, fhall, with all convenient fpeed, after the making of any fuch order, and receiving of fuch certificate, convey fuch offender, or caufe him to be conveyed to fuch place within England; and alfo deliver fuch offender, or caufe him to be deliver- who shall delied, together with the said certificate to fuch overfeer or overseers ver (uch offenas aforefaid; and the overfeer or overfeers, to whom any fuch der and certi offender fhall be fo delivered, fhall give a proper receipt in writ- overfeer, &c. ing under his or their hand or hands, which shall be a fufficient discharge to the fheriff, or gaoler, fo delivering fuch offender.

ficate to the

veyance of of

IV. And be it further enacted, That all expences incurred Expences inby any fheriff or gaoler, in the conveyance of any fuch offender curred in conas aforefaid, fhall be paid by the county, riding, divifion, city, fenders to be liberty, borough, town, or place, for which the court, ordering paid by the fuch punishment by hard labour inftead of transportation to county, &c. America, fhall be held; and the fheriff or gaoler, thall receive the money due for fuch expences from the treasurer for fuch county, riding, divifion, city, liberty, borough, town, or place, by order of the juftices of the peace, at their quarterly, or other general feffion, who are hereby required to make fuch order accordingly.

V. And be it further enacted, That, after delivery of any T3 fuch

Overfeer to have the fame

power over offenders in

his cuftody as a fheriff or gaoler.

fuch offender, as aforefaid, into the cuftody to which he fhall be adjudged, the overfeer or overfeers, who fhall have the cuftody of fuch offender, fhall, during the term for which he fhall be ordered to hard labour, have the fame powers over fuch offender as are incident to the office of a theriff or gaoler; and in case of any abufe of the cuftody, or other misbehaviour in difcharge of his office, fhall be liable to the fame punishment as a gaoler; and also fhall, during fuch term as aforefaid, keep fuch offender to hard labour, either in raising fand, foil, and gravel from, and cleaning the Thames, or in any other laborious fervice for the benefit of the navigation of the Thames, but at fuch places only, and subject to fuch directions, limitations, and Thames, &c. reftrictions, as the mafter, wardens, and affiftants, of the Trinity Horfe fhall from time to time prescribe.

Offenders to be kept to hard labour in railing fand and gravel from the

Offenders not VI. Provided neverthelefs, That fuch offenders fhall, in no to be employ-cafe, be employed in delivering tonnage of ballaft to masters and ed in deliver commanders of fhips, but only in digging, raifing, and taking ing ballaft to malters of up, the gravel, fand, and foil, from the thelves and fand-banks Ships, &c. of the faid river of Thames, and in difcharging the fame upon the fhore, above the high-water mark, or in fome other laborious fervice for the benefit of the navigation of the Thames.

Offenders to be fed with

bread, coarfe food,

and

water or

fmali beer.

VII. And be it further enacted, That every offender who fhall be ordered to hard labour, in the cuftody of fuch overfeer or overfeers as aforefaid, fhall, during the time of fuch fervice, be fed and sustained with bread, and any coarfe or inferior food, and water, or fmall beer, and alfo cloathed; and fuch offender fhall not, during the term of fuch fervice, be permitted to have any other food, drink, or cloathing, than fuch as shall be fo allotted to them; and if any perfon fhall fupply any fuch offender, at any time during the term of his faid fervice, with any with any other drink, food, or cloathing, other than fuch as fhall be fo directed penalty of 40s or permitted, he or the fo fupplying thall, for every fuch offence, forfeit any fum not exceeding forty fhillings.

No perfon to

fupply them

food &c. on

Offenders who

retufe to

work, or

otherwise

misbehave

VIII. And be it further enacted, That if any offender, who fhall be fo delivered as aforefaid to be kept to hard labour, fhall, during the term of such service, refuse to perform any labour authorised by this act, or who (hall be guilty of any other mifbehaviour or diforderly conduct, it fhall be lawful for the overmay be whip-feer or overfeers having the cuftody of any fuch offender to order ped, &c. fuch whipping, or other moderate punithment, to be inflicted upon him, as may be inflicted by law on perfons committed to a house of correction for hard labour.

themselves,

Every offender, at the end of his

fhall receive a fum of mo ney, now lets

IX. And be it further enacted, Ihat every offender who fhall be delivered to be kept to hard labour in manner aforefaid, fhall, confinement, at the end of the term of tuch fervice, and upon being reftored to his liberty, receive from the overfeer or overfeers, under whom he thall have to ferved, tuch fum of money not being less than forty fhillings, nor more than five pounds, together with fuch decent cloathing, as the court into which tuch returns fhall be made, as herein-after mentioned, fhall appoint: and if any fuch oftender, whilft contined to hard labour in manner

tha 40s nor

more than

grogether

with decent cloathing.

afore

aforefaid, fhall, by his induftry and other good behaviour, fhew His Majesty, fuch figns of reformation, as fhall induce the faid court to re- on the good commend him as an object of his Majefty's mercy, and it thall behaviour of be thereupon fignified, by a letter from one of his Majefty's may fhorten offenders, principal fecretaries of ftate to the overfeer or overfeers as afore- the term of faid, that his Majesty thinks fit, in confideration of fuch good their confinebehaviour, to shorten the duration of fuch offender's term, fuch ment. offender (hall be accordingly fet at liberty at the time mentioned in fuch letter; and fhall receive a fum of money from his overfeer or overseers, together with clothing, in the fame manner as if he had ferved the whole of the term for which he was adjudged to serve.

convicted of

place of con

X. And be it further enacted, That where any perfon fhall, Any perfon, at any session of oyer and terminer, or gaol delivery, or at any quarter or other general feffion of the peace for any county, rid- any crime ing, divifion, city, liberty, borough, town, or place, within that tranfportapart of Great Britain called England, be lawfully convicted of tion, may be grand or petty larceny, or any other crime, for which he or the fent to fome Thall be liable by law to transportation to any of his Majesty's finement colonies in America, it fhall be lawful for the court, in which within the any fuch offender fhall be fo convicted, or any court held for county, &c. the fame place, and with like authority, if fuch court fhall think and there fit, in the place of fuch punishment by tranfportation, to order kept to hard and adjudge that fuch perfon fhall be fent to fome proper place not lefs than of confinement within the faid county, riding, divifion, city, three years, liberty, borough, town, or place, to be appointed for that pur- nor more than pose in manner herein-after mentioned, there to be kept to hard ten years. labour, for fuch term or number of years as such court shall appoint, not exceeding the term or number of years for which the transportation for the faid offence might have been adjudged: provided, That the fame fhall in no cafe be less than three years, or more than ten years.

labour for

extend his

XI. And be it further enacted, That where any perfon fhall, In cafe his at any feffion of oyer and terminer, or gaol delivery, or at any Majeftyfhould quarter, or other general feffion of the peace, for any county, riding, divifion, city, liberty, borough, town, or place, within mercy to any perfon guilty that part of Great Britain called England, be lawfully convicted of any felony of any robbery, or other felony, for which he or she shall by law punishable by be liable to fuffer death without benefit of clergy, and his Ma- death, the jetty fhall be gracioufly pleafed to extend the royal mercy to any order the ofjudge may fuch offender, upon condition of being kept to hard labour at fender to be the place of confinement to be appointed for that purpose in kept to hard manner herein-after mentioned, and fuch intention of mercy labour, for fhall be notified in writing, by one of his Majefty's principal cified by the the time fpe fecretaries of state, to the judge or justice of oyer and terminer, fecretary of or general gaol delivery, in any county, city, or place, before itate. whom fuch offender fhall be convicted or condemned; it thall and may be lawful for every fuch judge or juftice of oyer and terminer, or general gaol delivery, to make an order for allowing forthwith to every fuch offender the benefit of a conditional pardon, in the fame manner as if there was a conditional par

ordered to hard labour, the clerk of affize, &c. shall give a certificate to

the sheriff or gaoler,

who fhall de

the proper houfe of correction;

don under the great feal, and may and shall adjudge that every fuch offender fhall be kept to hard labour for the time specified in the notification from fuch fecretary of state.

When any of XII. And be it further enacted, That when any offender fhall fender fhall be be ordered to be kept to hard labour in manner aforesaid, the clerk of affize, clerk of the peace, or other clerk of the court by which fuch order fhall be made, fhall give to the theriff or gaoler, having the cuftody of fuch offender, a certificate in writing under his hand, containing an account of the chriftian name, furname, and age of fuch offender, of his or her offence, of the court before whom he or she was convicted, and of the term for which he or she shall be ordered to hard labour; and the sheriff liver fuch pri- or gaoler fhall, with all convenient speed after the making of any foner, &c. to fuch order,, and receiving of fuch certificate, convey fuch offenthe keeper of der, or caufe him or her to be conveyed, to the proper house of correction, and deliver fuch offender, or caufe him or her to be delivered, together with the faid certificate, into the custody of the master or keeper of fuch house of correction; and the perfon or perfons to whom fuch offender fhall be fo delivered, thall give a proper receipt in writing, under his or their hand or hands, which fhall be a fufficient difcharge to the theriff, gaoler, Expences of or other perfon, fo delivering any fuch offender; and all exconveyance to pences incurred by any theriff or gaoler, in the conveyance of be paid by the any fuch offender to the house of correction in manner aforeCounty, &c. faid, fhall be paid by the county, riding, divifion, city, liberty, borough, town, or place, for which the court ordering fuch punishment by hard labour fhall be held, in the fame manner as is herein-before directed in refpect to offenders ordered to hard labour in removing fand, foil, and gravel from, and cleansing the river Thames.

who fhall give

a receipt for the fame.

XIII. And be it further enacted, That the juftices of the peace for every county, riding, divifion, city, liberty, borough, town, and place, within that part of Great Britain called England, fhall, at the first quarter or other general feffion of the peace, which thall be held next after the pafling of this act, take into confideration the state of their respective houses of correction, in order that proper places within the fame, or elsewhere, within each refpective county, riding, divifion, city, liberty, borough, town, and place, may be prepared for the reception of fuch offenders as fhall be ordered to hard labour therein, by force of this act, and for the purposes aforefaid; and for keeping fuch offenders to hard labour, and for their employment, regulation, and government, fhall give fuch directions, and make fuch orders, as fuch juftices fhall think moft fit and proper, and they are authorifed to give or make by the laws now in force in refpect to houfes of correction, or by any of them: and the keeper of the place of confinement fo appointed and prepared fhall, in cafe of any abufe of the cuftody, or other misbehaviour in difcharge of his office, be liable to the fame punishment as a gaoler.

XIV. And be it further enacted, That if any person shall

refcue