Page:Ruffhead - The Statutes at Large - vol 5.djvu/214

 174 ®- XI * Anno quarto Georgii Regis. A. D. 1717. C A P. XI. An Aft for the further preventing Robbery, Burglary, and other Felonies, and for the more effpdual Tranfportation of Felons, and unlawful Exporters of Wool; and for declaring the Law upon fome Points relating to Pinates. This Aa is in- 4 I. II 7 HE RE AS it is found by Experience, That the Punifhments inflicted by the Laws now in forced- W Force againft the Offences of Robbery, Larceny and other felonious Taking and Stealing of ^™' '• Cl a 3' « Money and Goods, have not proved effectual to deter wicked and evil-difpofed Perfons from being guilty %e'/.'i. C fiai'.2 ' of the laid Crimes: And whereas many Offenders to whom Royal Mercy hach been extended, upon c.'z, 2. 4G?'6.'' Condition of tranfporting themfelves to the Weft- Indies, have often neglected to perform the faid Condi- is 5 i?. S.c. 3. ' tion, but returned to their former Wickednefs, and been at laft for new Crimes brought to a fhameful eiV&Ai. ' and ignominious Death : And whereas in many of his Majefty's Colonies and Plantations in America, C -W. ®Me ' there I s g reat Want of Servants, who by their Labour and induftry might be the Means of improving 10 & 11 W.T. ' and making the faid Colonies and Plantations more ufeful to this Nation :' Be it enacted by the King's c. 23. J moft Excellent Majefty, by and with the_ Advice and Confent of the Lords Spiritual and Temporal, and the c,Atm. c 31. Commons, in this prefent Parliament affembled, andby the Authority of the fame, That where any Perfon ■tzAnn.f.at. i. or p er f ons h ave been convicted of any Offence within the Benefit of Clergy, before the twentieth Day of Perfons who be- J aniiar y one thoufand feven hundred and feventeen, and are liable to be whipt or burnt in the Hand, or tore the 20th of have been ordered to any Workhoufe, and who fhall be therein on the faid twentieth Day of January; as Jan. 1717, have alio where any Perfon or Perfons mail be hereafter convicted of Grand or Petit Larceny, or any felonious b=en convicted of Stealing or Taking of Money or Goods and Chattels, either from the Perfon, or the Houfe of any other, °e Eenefit o h f' n or * n an y other Manner, and who by the Law fhall be entitled to the Benefit of Clergy, and liable only to cicr^^^nd^ifoth 6 Penalties of Burning in the Hand or Whipping, (except Perfons convicted for receiving or buying fiich'as fliall ftolen Goods, knowing them to be ftplen) it fhall and may be lawful for the Court before whom they were hereafter be convicted, or any Court held at the fame Place with the like Authority, if they think fit, inftead of ordering convad, any r uc jj Offenders to be burnt in the Hand or whipt, to order and direct, That fuch Offenders, as alio fuch ^dBavera'of" Offenders; n an y Workhoufe, as aforefaid, fliall be fent as foon as conveniently may be, to fome of his ■floien Goods, Majefty's Colonies and Plantations in America for the Space of feven Years; and that Court before whom jhalJ be fent to they were convicted, or any fubfequent Court held at the fame Place, with like Authority as the former, the Plantations flaall have Power to convey, tranter and make over fuch Offenders, by Order of Court, to the Ufe of any ior feven Years^p er ,- on or p er f ons w ho fhall contract for the Performance of fuch Tranfportation, to him or them, and his whor^conviaTd a °d their Affigns, for fuch Term of feven Years; and where any Perfons have been convicted, or do now to contraft for ftand attainted of any Offences whatfoever, for which Death by Law ought to be inflicted, or where any their Tranfpor- Offenders fhall hereafter be convicted of any Crimes whatfoever, for which they are by Law to be excluded t j ation - the Benefit of Clergy, and his Majefty, his Heirs or Succeffors, fhall be gracioufly pleafed to extend Royal ed C of OtFrnc^'sV "Mercy to any fuch Offenders, upon the Condition of Tranfportation to any Part of America, and fuch ln- for which they tention of Mercy be fignified by one of his Majefty's Principal Secretaries of State, It fhall and may be law- are excluded theful to and for any Court having proper Authority, to allow fuch Offenders the Benefit of a Pardon under Benefitof Clergy, ti le Great Seal, and to order and direct the like Transfer and Conveyance to any Perfon or Perfons, (who a " d ^"d b""" w '^ cont ra£f. f° r the Performance of fuch Tranfportation) and to his and their Affigns, of any fuch before- ^fftofen Good's mentioned Offenders, as alfo of any Perfon or Perfons convicted of receiving or buying ftolen Goods, may be tranf- knowing them to be ftolen, for the Term of fourteen Years, in cafe fuch Condition of Tranfportation be ported for general, or elfe for fuch other Term or Terms as fhall be made Part of fuch Condition, if any particular J4 V r T ' Time be fpecified by his Majefty, his Heirs and Succeffors, as aforefaid; and fuch Perfon or Perfons fo cMtraft'n" fa contracting, as aforefaid, his or their Affigns, by virtue of fuch Order of Transfer, as aforefaid, fhall have their Tranfpor- a Propertytmd Intereft in the Service of fuch Offenders for fuch Terms of Years. tation, (hall have a Property in their Service. Returning before H. And be it further enacted by the Authority aforefaid, That if any Offender or Offenders, fo ordered the Expiration of by an y f ucn Court to be tranfported for any Term of feven Years or fourteen Years, or other Time b- MnifrTe'd with or Times, as aforefaid, fhall return into any Part of Great Britain or Ireland before the End of his or Death. ' ' their faid Term, he or fhe fo returning, as aforefaid, fliall be liable to be punifhed as any Perfon at- tainted of Felony without the Benefit of Clergy; and Execution may and ihai! be awarded againft fuch The King may Offender or Offenders accordingly : Provided neverthelefs, That his Majefty, his Heirs and Succeffors, pardon fuch ma y at an y Time pardon and difpenfe with any fuch Tranfportation, and allow of the Return of any th o'teTd" 011 ' ' dc ^ Offender or Offenders from America, he or they paying their Owner or Proprietor, at the Time payinghisOwner °f fuch Pardon, Difpenfation or Allowance, fuch Sum of Money as fhall be adjudged reafonable by i'uch Sum astwoany two Juftices of the Peace refiding with;n the Province where fuch Owner dwells; and where any Jufrices fhall fuch Offenders fhall be tranfported, and fhall have ferved their refpective Terms, according to the Order adjnige. of any fuch Court, as aforefaid, fuch Services fliall have the Effect of a Pardon to all Intents and Pur- tormflidll haveP°f es » as f° r tnat Crime or Crimes for which they were fo tranfported, and fhall have fo ferved, as theErraofa aforefaid. Pardon. HI. And be it further enacted by the Authority aforefaid, That every fuch Perfon or Perfons to whom Contraftors tt» an y f ucn Court fliall order any fuch Offenders to be transferred or conveyed, as aforefaid, before any of t^TnnfortlT t ' lem ^ a ^ k £ delivered over to fuch Perfon or Perfons, or his or their Affigns, to be tranfported, as afore-