His Majesty, on viour of offenders, may shorten the confinement. the good beha term of their than Three Pounds, in case he hath been confined for One Year, and so in proportion for any shorter Term, together with such decent Clothing, as the Court into which such Returns shall be made, as herein-after mentioned, shall appoint: And if any such Offender, whilst confined to Hard Labour in manner aforesaid, shall by his Industry and other good Behaviour shew such Signs of Reformation as shall induce the said Court to recommend him as an Object of his Majesty's Mercy, and it shall be thereupon signified by a Letter from one of his Majesty's Principal Secretaries of State, to the Superintendant or Superintendants as aforesaid, that his Majesty thinks fit, in consideration of such good Behaviour, to shorten the duration of such Offender's Term, such Offender shall be accordingly set at Liberty at the Time mentioned in such Letter, and shall, together with necessary Clothing, receive a Sum of Money from his Superintendant or Superintendants, in proportion to the Time of his Confinement, according to the Rates aforesaid; and any such Offenders, who Offender so dismissed at the end or other determination of his Term, who shall procure any reputable Master of a Ship, or Tradesman, or other substantial Housekeeper, to take him Service, or provide him with proper Employment for Year then next ensuing, the same to be approved by such Superintendant or Superintendants, and who shall serve accord- money. ingly, shall be entitled at the end of the Year to another Sum of Money, equal to that which was allowed him at the Time of his Dismission. 19 G. 3. c. 74. s. 56. into One Provided always, that no Offender shall be dismissed out of the Custody of the said Superintendant or Superintendants, at the End or other Determination of his Term, unless at his own Request, if he shall then labour under any acute or dangerous Distemper, nor until he can be safely discharged. s. 57. In case any shall continue in a reputable service for one year from the time of their dismission, to be enther sum of titled to a fur Offenders labouring under acute distempers not to be dismissed, unless they desire it. Directions reburial of offenders who tody of the lative to the shall die in cus of the said Offenders shall happen to die in the Custody of such Superintendant or Superintendants as aforesaid, they shall be buried in the most commodious Places adjacent to the several Rivers, Ports, Harbours, and Havens, in or near which they shall have been respectively employed, according to superintendants. the Form for Burial prescribed by the Liturgy of the Church of England; and the necessary Charges of such Funerals, and also of the Coroners who shall sit on the Bodies of the Offenders so dying in such Custody, together with the necessary Expences of providing such Chaplains, Surgeons, and Apothecaries, as the said Superintendant or Superintendants shall find it expedient, or shall be required by the Court into which such Returns as are herein Superintendant, in the treatment and employment of offenders, to ob serve the direc tions before given to the governors of the penitentiary houses, &c. Governors and superintendants books; from which returns are after mentioned shall be made from Time to Time to employ in attending the Offenders in his or their Custody or Custodies shall be paid by such Superintendant or Superintendants, and brought to Account in Manner herein-after mentioned. s. 58. Every such Superintendant shall, in the Custody, Treatment, and Employment of the Offenders committed to his Care, conform to and observe the several Directions herein-before given for regulating the Conduct of the Governors of the said Penitentiary Houses, so far as the Nature of the Service in which the said Offenders shall be employed, and their different Places and Modes of Confinement, will permit, and so far as is consistent with the other Regulations and Orders contained in this Act with respect to the said Offenders. s. 60. The Superintendants of the Places of Confinement to be to keep regular appointed by virtue of this Act, shall keep a regular Book or Books, for the Purposes herein-after mentioned; and from thence, from Time to Time, shall make true and just Returns, specifyfirst day of every ing the Names of all and every the Person or Persons who shall be committed to their Custody, the Offences of which they shall have been guilty, the Court before which each Person was con to be made, the term, to the court of King's Bench, specity ing the names and offences, &c. victed, the Sentence of the Court, the Age, bodily Estate, and of all persons - committed to their custody. His Majesty may appoint an Inspector of the penitentiary houses, &c.; who shall visit Behaviour of every such Convict while in Custody, and also the Names of all and every the Person or Persons who shall have died under such Custody, or shall have escaped from such Place of Confinement, or shall have been discharged from thence by Order from One of his Majesty's principal Secretaries of State, or otherwise; which Returns shall be made, the First Day of every Term, to his Majesty's Court of King's Bench, and shall be verified on the Oath of the Person making the same. s. 61. And be it further enacted, That it shall and may be lawful for his Majesty to appoint One fit and able Person to be Inspector of the Two Penitentiary Houses to be erected by virtue of this Act, and of the several Ships and Vessels to be employed on the River Thames for the Confinement of Offenders as aforesaid, and of all other Gaols and Places of criminal Confinement within and inspect every the City of London and County of Middlesex; which Inspector shall personally visit and inspect every such Place of Confinement Once at least in every Quarter of a Year, or oftener, if occasion shall require, and shall diligently examine into the several Particulars herein-before directed to be returned to his Majesty's Court of King's Bench, and also into the State of the Buildings, the Behaviour and Conduct of the respective Officers, the Treatment and Condition of the Prisoners, the Amount of the several such place of confinement once a quarter, both Houses of Earnings, and the Expences attending every such Place of Confinement, and shall make a faithful Report of the same to both and make a faithful report of the Houses of Parliament, at the beginning of every Session, and state thereof to also in Matters of extreme or pressing Necessity, shall and may parliament, at make a special Report thereof to the Justices of his Majesty's the beginning of Court of King's Bench, who shall immediately take Order therein, every session. and regulate or redress the same; and such Inspector shall continue in such Office during his Majesty's Pleasure, and shall receive such Salary as his Majesty shall appoint, not exceeding Two hundred Pounds per Annum. 19 G. 3. c. 74. s. 63. cuting this Act be laid annually before the House of Com mons, &c. The Expences of carrying this Act into Execution, not herein- Expences of exebefore specially provided for, shall be annually laid before the to House of Commons, and after deducting thereout the Nett Profits, if any, arising from the Earnings of the Offenders who shall be kept to hard Labour in any of the Places of Confinement to be appointed by virtue of this Act, shall be provided for in the next Supplies to be granted to his Majesty by Parliament. s. 64. to hard labour from lawful cus prison, or escape tody. If any Person who shall be ordered to hard Labour in any of Punishment of the Places of Confinement to be appointed by virtue of this Act, persons ordered instead of being capitally punished, shall, at any Time during who shall break the Term for which he or she shall be so ordered to Confinement, break Prison or escape from the Place of his or her Confinement, or in his or her Conveyance to such Place of Confinement, or from the person or persons having the lawful Custody of such Offender, he or she so breaking Prison, or escaping, shall be guilty of Felony, without Benefit of Clergy; but in case he or she so breaking Prison, or escaping, hath been ordered to hard Labour instead of Transportation, he or she shall be punished by an Addition of Three Years to the Term for which he or she, at the Time of his or her Breach of Prison or Escape, was subject to be confined; and if such person, so punished by such Addition to the Term of Confinement, shall afterwards be convicted of a Second Escape or Breach of Prison, he or she shall be adjudged guilty of Felony, without Benefit of Clergy. s.65. If any person shall rescue any Offender, who by force of this If any person Act, or any Part of it, shall be ordered to hard Labour, in any attempt to rescue Place of Confinement appointed by virtue of this Act, either any offender orduring the Time of his or her Conveyance to the Place appointed for such hard Labour, or whilst such Offender shall be in the Custody of the person or persons under whose Care and Charge he or she shall be so confined; or if any Person shall be aiding or assisting in any such Rescue; every such person so rescuing, shall rescue, or dered to hard labour; or any person having the custody of such offender shall voluntarily permit his escape; or any other son shall be per aiding, or assisting, shall be guilty of Felony, and may be ordered to hard Labour in any Place of Confinement appointed by virtue of this Act, for any Term not less than One nor exceeding Five Years: And if any Person having the Custody of any such Offender as aforesaid, or being employed by the person having such Custody, as a Keeper, Under-keeper, Turnkey, Assistant, or Guard, shall voluntarily permit such Offender to escape; or if any Person whatsoever shall, by supplying Arms, Tools, or Inassisting therein; struments of Disguise, or otherwise, be in any Manner aiding and assisting to any such Offender in any Escape, or in any Attempt to make an Escape, though no Escape be actually made, or shall attempt to rescue any such Offender, or be aiding and assisting in any such Attempt, though no Rescue be actually made, every such Person so permitting, attempting, aiding, or assisting shall be guilty of Felony; and if any Person having such Custody, or being so employed by the Person having such Custody as aforesaid, shall negligently permit any such Offender 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. 19 G. 3. c. 74. s. 66. (1) every such per son shall be guilty of felony. Method of trial and conviction of offenders for making escape, or breaking prison; and of persons for assisting therein. And, to the intent that the Prosecutions for Escapes, Breaches of Prison and Rescues, may be carried on with as little trouble and expence as is possible; be it further enacted, that any Offender escaping, breaking Prison, or being rescued in manner aforesaid, may and shall be tried before the Justices of Oyer and Terminer or Gaol Delivery, or at the Great Sessions for the County where he or she shall be apprehended and retaken; and in case of any Prosecution for any such Escape, Attempt to escape, Breach of Prison, or Rescue, either against the Offender escaping, or attempting to escape, or having broke Prison, or been rescued, or against any other person or persons concerned therein, or aiding, abetCopy of clerk of ting, or assisting the same, a Copy properly attested of the Certificate herein-before directed to be given to the Sheriff or Gaoler by the Clerk of the Assize, or other Clerk for the time being of the Court in which such Offender shall be convicted, and by such Sheriff or Gaoler to be delivered, together with the Of fender, to such Governor or Superintendant as aforesaid, and by such Governor or Superintendant to be transmitted to the Clerk of the Peace, to be filed with the Records of the Sessions, shall, after proof made that the person then in question before assizes certifi cate shall be evi. dence of the former conviction, &c. (1) And see title ESCAPES AND PRISON BREACH, Part the First of this Work, page 213. the Court is the same that was delivered with such Certificate, be sufficient Evidence to the Court and Jury, not only of the nature and fact of the Conviction itself, and the species of Confinement to which such person was ordered, but also that the person then in question is the same that was so convicted and ordered to such confinement. s. 67. The Statute 30 G. 3. c. 47. recites the effect of the Statute 24 G. 3. st. 2. c. 56. and that " it would greatly advance the design of the Sentences carried into execution under the said Act, or which hereafter may be passed and carried into execution, that the Governor, or (in case of his death or absence) the Lieutenant Governor for the time being, of such the place or places as aforesaid, should have power and authority to remit or shorten the time or term for which such Felons and Offenders as aforesaid have been or shall hereafter be transported, in cases where it shall appear that such Felons or other Offenders are proper objects of the Royal Mercy;" and then enacts, that it shall be lawful for his Majesty, his Heirs and Successors, at all times by his or their Commission under the Great Seal of Great Britain, to authorize and empower the Governor or the Lieutenant Governor for the time being of such place or places as aforesaid, or of any of them, by an Instrument in Writing under the Seal of the Government in which the place or places as aforesaid are or shall be situated, to remit either absolutely or conditionally the whole or any part of the time or term for which any such Felons or other Offenders aforesaid shall have been or shall hereafter be respectively conveyed and transported to such place or places as aforesaid; and that such Instrument or Instruments shall have the like force and effect to all intents and purposes as if his Majesty, his Heirs and Successors, had in such cases respectively signified his or their Royal Intention of Mercy under his or their Sign Manual. The governor, Merchants or tract in writing with infants be tween 15 and 21 to serve them any term not Whereas there are many idle persons who are under the age of 21 years lurking about in divers parts of London and else- others may conwhere who want employment, and may be tempted to become thieves if not provided for; and whereas they may be inclinod to be transported and to enter into services in some of his Ma- in America for jesty's Colonies and Plantations in America; but as they have exceeding eight no power to contract for themselves, and therefore that it is not years. safe for Merchants to transport them or take them into such services, be it enacted, that where any person of the age of 15 years or more and under the age of 21, shall be willing to be transported and to enter into any service in any of his Majesty's Colonies or Plantations in America, it shall and may be lawful for |
