April, in lieu and inftead of the Duties hereby repealed, there fhall be raised, levied, collected and paid, unto His Majefty, his Heirs and Succeffors, the several and respective Duties, as the fame are inferted, defcribed and set forth in Figures in the Table hereunto annexed marked (A.) of Customs. II. And be it further enacted, That fuch of the faid Duties as shall Duties under arife in that Part of Great Britain called England fhall be under the Management of Management of the Commiffioners of Cuftoms in England for the Commiffioners time being; and fuch thereof as fhall arife in that Part of Great Britain called Scotland fhall be under the Management of the Commiffioners of the Cuftoms in Scotland for the time being; and fuch thereof as shall arife in that Part of the United Kingdom called Ireland shall be under the Management of the Commiffioners of the Cufoms and Port Duties in Ireland. III. And be it further enacted, That the faid Duties fhall be Duties levied as managed, afcertained, raised, levied, collected, paid and recovered, in other Duties of fuch and the like Manner as any Duties of Cuftoms of a like Nature Customs. are managed, afcertained, raised, levied, collected, paid and recovered, and under and fubject to the feveral Powers, Conditions, Rules, Regulations, Restrictions, Penalties and Forfeitures of any Act or Acts of Parliament now in force in relation to or made for fecuring the Revenue of Customs in Great Britain or Ireland; and all Pains, Penalties, Fines and Forfeitures for any Offences whatever committed against or in Breach of any Act or Acts of Parliament in force on or immediately before the paffing of this Act, made for fecuring the Revenue of Cuftoms, or for the Regulation or Improvement thereof, and the feveral Claufes, Powers and Directions therein contained, fhall be in full Force and Effect as to the faid Duties, as fully and effectually to all Intents and Purposes, as if they were at large repeated and re-enacted in this A&. IV. And be it further enacted, That all Monies from time to time Application of arifing from the faid Duties in Great Britain (the neceffary Charges Duties. of raifing and accounting for the fame refpectively excepted) fhall from time to time be paid into the Receipt of His Majefty's Exchequer at Westminster, and fhall be appropriated and applied in the fame manner as the Duties called Permanent Duties, impofed by an Act, paffed in the Forty ninth Year of the Reign of His prefent Majefty, 49 G. 3. c.98. intituled An Ad for repealing the feveral Duties of Customs chargeable in Great Britain, and for granting new Duties in lieu thereof, are directed to be appropriated and applied; and that all Monies arifing from the faid Duties in Ireland, the neceffary Charges of raifing and accounting for the fame being deducted, fhall be carried to and made Part of the Confolidated Fund of Ireland. V. And be it further enacted, That this A&t may be altered, varied or repealed by any A&t to be paffed in this Seffion of Parliament. TABLE (A.) to which this Act refers. A TABLE of the Duties of Cuftoms payable on the Importation into Great Britain of Cheese from Foreign Countries. CHEESE, Imported in a British-built Ship, the Cwt., Imported in a Foreign-built Ship, the Cwt. L s. d. 10 6 13 САР. Act may be altered, &c. CA P. XXVII. An Act to amend feveral Laws relative to the Transportation of Offenders; to continue in force until the First Day of May One thousand eight hundred and twenty one. [30th April 1816.] 55 G. 3. c. 156. WHEREAS an Act passed in the laft Seffion of Parliament, 19 G. 3. c. 74. 25 G. 3. c. 46. 55 G. 3. c. 156. § 1. fo far as relates to repeal of 24 G. 3. c. 56. continued. Provisions of 24 G. 3. c. 56. valid in relation to Proceedings commenced before Act of last Seffion. Perfons con. victed of any Crime punithable by Transportation, may be tranfported accordingly. intituled An Act to amend the Laws relative to the Tranf portation of Offenders, to continue in force until the First Day of May One thoufand eight hundred and fixteen: And Whereas it is expedient that the Regulations and Provifions of the faid Act, and that certain of the Provifions of Two feveral Acts, paffed in the Nineteenth and Twenty fifth Years refpectively of the Reign of His prefent Majefty, relating to the Transportation and Removal of Offenders, fhould be continued;' Be it, therefore enacted by The King's Most Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That the faid recited Act of the laft Seffion of Parliament shall be and the fame is hereby continued, fo far as relates to the Repeal of the faid therein recited A&t of the Twenty fourth Year of His prefent Majefty, intituled An Ad for the effectual Transportation of Felons and other Offenders, and to authorize the Removal of Prifoners in certain cafes, and for other Purposes therein mentioned. II. Provided always, and be it further enacted, That it fhall be lawful for any Court or Judge, or Juftice or Juftices, duly authorized in that Behalf, to carry into Execution the Provifion of the faid A& of the Twenty fourth Year of the Reign of His prefent Majefty, in relation to the Tranfportation, Removal or Confinement of any Offender, convicted and fentenced before the paffing of the faid recited Act of the laft Seffion of Parliament, or to the continuing of any Proceedings commenced before the paffing of the faid Act, notwithstanding the Repeal of the faid Act of the Twenty fourth Year aforefaid, or to proceed in relation to any fuch Offender, or in relation to the continuing any fuch Proceedings under the Provifions of this Act, as to fuch Court, Judge, Juftice or Justices shall feem moft expedient; any thing in the faid recited Act of the laft Seffion of Parliament, or this Act, contained to the contrary notwithstanding. III. And be it further enacted, That from and after the paffing of this Act, it shall be lawful for the Court before which any Perfon or Persons shall have been or fhall be convicted at any Seffion of Oyer and Terminer or Gaol Delivery, or at any Quarter or other General Seffion of the Peace to be holden for any County, Riding, Divifion, City, Town, Borough, Liberty or Place, within that Part of Great Britain called England, or at any Great Seffion to be holden for the County Palatine of Chefter, or within the Principality of Wales, of Grand or Petit Larceny, or any other Offence for which fuch Perfon or Perfons fhall have been or be fubject to be tranfported, to order and adjudge, or any fubfequent Court holden at any Place for the fame County, Riding, Divifion, City, Town, Borough, Liberty or Place refpectively, with like Authority to order and adjudge, that fuch Perfon or Perfons fo convicted as afore aforefaid, fhall be tranfported beyond the Seas for any Term not exceeding the Number of Years or Term for which fuch Person or Perfons is or are or shall be liable by any Law to be tranfported; and in every such case it fhall and may be lawful for His Majefty, by His Majesty and with the Advice of his Privy Council, to declare and appoint may appoint any other Place or Places, Part or Parts beyond the Seas, in addition Places. to fuch as fhall have been heretofore declared and appointed by His MB.JC. 74. 36. th. 173. Majefty for that Purpose, either within His Majefty's Dominions, or ellewhere out of His Majefty's Dominions, to which any fuch Felons or other Offenders fhall be conveyed or tranfported; and fuch Court as aforefaid is hereby authorized and required to order fuch Offenders to be transferred to the Use of any Perfon or Perfons, and his or their Affigns, who fhall contract for the due Performance of fuch Tranfportation; and when His Majefty, his Heirs and Succellors, fhall be pleafed to extend Mercy to any Offender or Offenders, who hath or have been or shall be convicted of any Crime or Crimes for which he, the or they is, are or fhall be by Law excluded from the Benefit of Clergy, upon Condition of Transportation to any Place or Places, Part or Parts beyond the Seas, either for a Term Transportation. of Life, or any Number of Years, and fuch Intention of Mercy On Intention of of any Offender or Offenders made by any Juftice of Oyer and or Seffions; and fuch Perfon or Perfons fo contracting as aforefaid, Contractor to VI. And Fee to Clerks of IV. And be it further enacted, That the Clerk of Affize, Clerk Affize, &c. fame of the Peace, or other Clerk of the Court, fhall be paid by the Treasurer of the County, Riding, Divifion, City, Liberty, Borough, Town or Place, the fame Fee as hath been ufually paid, or fuch Clerk of Affize, Clerk of the Peace, or other Clerk of the Court is entitled to, for the Order of Transportation of any Offender. as heretofore. Perfons under taking to tranf port Offenders, to give proper Security. Court may ap point Juftices to contract for Transportation of Offenders, on Security by Bond. Securities to be certified by Juftices to the next Court, and kept amongit the Records, Charges of Contracts paid by Order of Quar ter Seffions. V. And be it enacted, That every Perfon or Persons to whom any fuch Offender or Offenders fhall be transferred as aforesaid, shall, before any of them fhall be delivered over to him or them to be tranfported, give Security that he or they will tranfport, or caufe to be tranfported effectually, fuch Offender or Offenders to fuch Place or Places, Part or Parts beyond the Seas refpectively, as fhall be appointed by His Majefty in fuch manner as aforefaid, and procure fuch Evidence as the Nature of the Cafe will admit, of the landing of fuch Offender or Offenders fo transferred as aforefaid, in that Place or Part or thofe Places or Parts beyond the Seas, whereto he, fhe or they shall be ordered to be transported (Death and Casualties by Sea excepted); and that he, fhe or they fhall not be fuffered to return to Great Britain or Ireland by the wilful Default of the Perfon or Perfons fo contracting as aforefaid, or of his or their Affigns. VI. And be it alfo enacted, That every fuch Court as aforefaid may appoint Two Juftices of the Peace for the County, Riding, Divifion, City, Liberty, Borough or Place where fuch Offender or Offenders fhall have been convicted, who fhall have Power, and are hereby required to contract with any Perfon or Perfons who fhall be nominated by One of His Majefty's Principal Secretaries of State for the Performance of the Transportation of fuch Offender or Offenders, and to order fuch Security to be taken as aforefaid; and alfo to caufe fuch Offender or Offenders to be delivered by the refpective Gaolers or Perfons in whose Cuftody he, fhe or they fhall be, to the Perfon or Perfons contracting, or to his or their Affigns; which Contracts and Security fhall be certified by the Juftices, who fhall make and take the fame to the next Court to be holden, with the like Authority, for the faid County, Riding, Divifion, City, Liberty, Borough or Place, to be filed and kept among the Records of fuch Court; and all Securities for Tranfportation fhall be by Bond in the Name of the respective Clerks of the Peace, or other Clerks of the Court, who fhall profecute fuch Bonds in their own Names; for which Purpose every fuch Clerk of the Peace, or Clerk of the Court, and his Succeffors refpectively, fhall be deemed a Body Corporate, and fhall have and be paid all fuch Cofts as they fhall fuftain in any fuch Suit, as the Juftices of the Peace fhall at their General Quarter Seffions of the Peace direct, out of the Public Stock; and all Monies recovered on fuch Bonds fhall be for the Ufe of the refpective County, Riding, Divifion, City, Liberty, Borough or Place, and be paid to their refpective Treasurers, to be Part of the Public Stock; and all Charges in or about making the Contracts, taking Securities, and conveying Felons and other Offenders in order to be tranfported, fhall be borne by each County, Riding, Divifion, City, Liberty, Borough or Place for which the Court was held which ordered fuch Offenders to be tranfported; and the respective Treasurers fhall, by Order of the Juftices in Quarter Seffions, pay all fuch Charges to the Perfons employed. VII. And carry Perfons contracting to tranfport Offenders, may carry them through any County to Seaport. VII. And be it further enacted, That the Perfon or Perfons fo contracting as aforefaid, and to whom any Offender or Offenders fhall be delivered in order to be tranfported, or any Perfon or Perfons directed by the faid Juftices (empowered to contract as aforefaid) or their Affigns, may, in fuch manner as they fhall think fit, and fecure the faid Offenders in and through any County of Great Britain, towards the Seaport or Place from whence they are to be tranfported; and if any Perfon or Perfons fhall rescue fuch Offenders or any of them, or affift them or any of them in making their Escape from fuch Perfon or Perfons as fhall have them in their Efcape. Cuftody as aforefaid, he, fhe or they fhall be adjudged guilty of Felony, and fhall fuffer Death as in cafes of Felony without Benefit Death. of Clergy. Perfon found at large before the Sentence. Expiration of his VIII. And be it further enacted, That if any Offender or Offenders who fhall have been or fhall be fo ordered by any fuch Court as aforefaid to be tranfported, or who shall have agreed or fhall agree to tranfport himself or herself on certain Conditions, either for Life or any Number of Years, under the Provifions of the faid recited Act of the Twenty fourth Year aforefaid, or of the said recited Act of the laft Seffion of Parliament, or any other A&t or Acts of Parliament, to any fuch Place or Places, Part or Parts as shall have been or fhall be appointed by His Majefty in manner aforefaid, fhall be afterwards at large within any Part of the United Kingdom of Great Britain and Ireland, without fome lawful caufe, before the Expiration of the Term for which fuch Offender or Offenders hall have been ordered to be tranfported, or fhall have fo agreed to tranfport himself or herself as aforefaid, every fuch Offender being at large as aforefaid, being thereof lawfully convicted, shall fuffer Death, as in cafes of Felony without Benefit of Clergy; and Death. fuch Offender or Offenders may be tried either before the Juftices Offender where of Affize, Oyer and Terminer, Great Seffions or Gaol Delivery, for the County, City, Liberty, Borough or Place where fuch Offender or Offenders fhall be apprehended and taken, or from whence he, the or they were ordered to be tranfported; and the Clerk of the Affize, Clerk of the Peace, or other Officer or Clerk of the Court having the Cuftody of the Records where fuch Order Tranfportation fhall be made, fhall, at the Request of the Profecator, or any other Perfon on His Majesty's Behalf, make out and tried. e a Certificate in Writing figned by him, containing the Effect Certificate conand Subftance only (omitting the formal Part) of every Indictment taining Subftance and Conviction of fuch Offender or Offenders, and of the Order of Indictment. for his or her Transportation, to the Juftices of Affize, Oyer and Terminer, Great Seffions or Gaol Delivery, where fuch Offender or Offenders fhall be indicted (not taking for the fame more than Fee. or Offenders; and whoever fhall discover and profecute to Conviction any fuch Offender or Offenders fo being at large as aforefaid, fhall be entitled to a Reward of Twenty Pounds for every Reward on fuch Offender fo convicted, and shall have fuch Certificate to receive Conviction. the fame as any Perfon or Perfons may be entitled unto for the apprehending and profecuting to Conviction Perfons who have com mitted any Robbery upon the Highway: Provided nevertheless, Provifo for that His Majefty, his Heirs and Succeffors, may pardon and dif- Pardon. penfe |