His Majesty empowered to order the Re moval of Male Prisoners. Offender ex amined by Surgeon. main in Gaol until removed. pense with fuch Tranfportation, and allow of the Return of any fuch Offender or Offenders to this Kingdom. IX. And be it further enacted, That from and after the paffing of this Act, it fhall be lawful for His Majefty, from time to time, by an Order in Writing to be notified by one of the faid Principal Secretaries of State, or for any Three or more of fuch of His Majefty's Juftices of the Peace acting in and for the County, Riding, Divifion, City, Borough, Liberty or Place in which any Gaol fhall be fituated, as fhall be authorized by His Majefty under His Sign Manual, to direct the Removal of any Male Offender or Offenders who fhall be under Sentence of Death, but reprieved during His Majefty's Pleasure, or under Sentence or Order of Transportation, and who, having been examined by an experienced Surgeon or Apothecary, fhall appear to be free from any putrid or infectious Diftemper, and fit to be removed from the Gaol or Prifon in which fuch Offender or Offenders fhall be confined, to fuch Place of Confinement within England or the Dominion of Wales, either at Land or on board any Ship or Veffel to be provided by His Majefty in the River Thames, or any navigable or other River, or within the Limits of any Port or Harbour of England or Wales, as His Majefty, or any Three of fuch Juftices authorized as aforefaid, fhall from time to time appoint, under the Management of a Superintendant and Overfeer to be appointed by His Majefty, or any Three or more Offender to re- of fuch Juftices authorized as aforefaid; and every Offender who fhall be fo removed fhall continue in the faid Place of Confinement, or be removed to and confined in any other fuch Place or Places as aforefaid, as His Majefty, or any Three or more of fuch Juftices authorized as aforefaid, from time to time fhall appoint, until fuch Offender fhall be tranfported according to Law, or, by the Expiration of the Term of fuch Transportation or otherwife, fhall be entitled to his Liberty, or until His Majefty, or any Three or more of fuch Juftices fo authorized as aforefaid, fhall direct the Return of fuch Offender to the Gaol or Prifon from which he fhall have been fo removed; and the Sheriff or Gaoler having the Cuftody of any Offender whofe Removal shall be ordered in manner aforefaid, shall with all convenient Speed, after the Receipt of the Notification of any fuch Order, convey or cause to be conveyed every fuch Offender to the Place appointed, and there deliver him to fuch Superintendant or Overfeer, together with a true Copy, attefted by fuch Sheriff or Gaoler, of the Caption and Order of the Court before which fuch Offender was tried, containing the Sentence of Transportation of each fuch Offender refpectively, by virtue whereof he shall be in the Cuftody of fuch Sheriff or Gaolér; and alfo a Certificate containing his Age, and an Account of his Behaviour in Prifon before and after his Trial, and the Gaoler's Obfervations on his Temper and Difpofition, and fuch Information concerning his Connexions and former Courfe of Life as may have come to the Gaoler's Knowledge; and fuch Superintendant or Overfeer as aforefaid shall give a proper Receipt in Writing to the Sheriff or Gaoler for the Dif charge of fuch Sheriff or Gaoler. On Receipt of to Overfeer, together with Copy of Caption. X. And be it further enacted, That all fuch Fees, on the deliver. ing out of Cuftody of any fuch Offender fo ordered to be removed, as have ufually been paid and would have been due to the Sherif or Gaoler in cafe fuch Offender had been removed in order to have been tranfported, and all reasonable Expences which the Sheriff Expences paid or Gaoler fhall incur in every fuch Removal, fhall be paid by the by County, &c. County, Riding, Divifion, City, Borough, Liberty or Place for which the Court in which the Offender was convicted fhall have been held; and the Sheriff or Gaoler, fhall receive the Money due for fuch Expences from the Treasurer of fuch County, Riding, Divifion, City, Borough, Liberty or Place, fuch Fees and Expences being firft allowed by the Order of the Juftices of the Peace, at their Quarter or other General Seffions of the Peace, who are hereby required to make fuch Order as fhall be juft in that Behalf. XI. And be it further enacted, That where any Offender shall be brought to any fuch Place of Confinement as aforefaid, in pursuance of the Powers contained in this Act, he fhall be washed, cleansed and purified, and the Clothes in which he shall be then clothed shall be burnt, if neceffary, or otherwife fhall be preferved and taken care of for him by the Overfeer of the Place of Confinement, and redeliv ered to him upon his quitting it, or fold for his Benefit, and the Produce thereof accounted for to him by the Overfeer aforefaid; and when fuch Offender fhall be finally discharged, either at the End or other Determination of his Term, fuch other decent Clothing, as fhall be judged neceffary and proper by the Superintendant aforefaid, fhall be delivered to fuch Offender by the Overfeer of the Place of Confinement from which he is difcharged, and alfo fuch Sum of Money for his immediate Subfiftence, as the faid Superintendant fhall think proper, fo as fuch Sum fhall not in any cafe exceed Three Pounds. XII. And be it further enacted, That after the Removal of any Of fender under this Act, the Superintendant or Overfeer who fhall have the Cuftody of him, fhall during the Term of fuch Cuftody have the fame Powers over him as are incident to the Office of a Sheriff or Gaoler, and in like manner be anfwerable for any Efcape of fuch Offender; and alfo during fuch Cuftody fhall fee him fed and clothed according to a Scale of Diet and Clothing to be fixed on, and notifed in Writing by One of His Majefty's Principal Secretaries of State to the Superintendant; and fhall keep fuch Offender to Labour, at fuch Places and under fuch Regulations, Directions, Limitations and Restrictions, as His Majefty, or any Three or more of fach Juftices fo authorized as aforefaid, fhall from time to time, by any Order to be directed to fuch Superintendant or Overseers for their Inftruction, appoint: And it is hereby declared, that the time daring which any Offender fhall have continued in Gaol under Sentence of Tranfportation, or being removed under the Provifions afore faid, fhall continue confined by virtue of this Act, fhall be taken and reckoned in Discharge or Part Discharge or Satisfaction of the Term of his Transportation. For cleaning and purifying and clothing Offenders. Overfeers to have the same Power as Gaolers. Time of imprifonment to be deemed Part of Term. Misbehaviour. XIII. And be it further enacted, That if any Offender fhall during Overfeers may fach Cuftody under this A&t be guilty of any Misbehaviour or dif- infict moderate orderly Conduct, it fhall be lawful for fuch Superintendant or Over- Punishment for fer having the Cuftody of fuch Offender to inflict or caufe to be ficted fuch moderate Punishment or Correction as may be inflicted by Law on Perfons committed to a Houfe of Correction; and if Escape or any fach Offender fhall break from or unlawfully efcape from the Rescue. Cuftody of fuch Superintendant or Overfeer, or if any Perfon hall rescue or attempt to rescue, or affift in refcuing any fuch Offender Punishment. Superintendant to make Returns of Prifoners. Times of Appointment of Superinten dant. Offender from fuch Cuftody, or fhall convey or caufe to be conveyed any Disguise, Inftrument for effecting Escape or Arms to fuch Offender, every fuch Offente fhall be punishable in the fame wanner as if fuch Offender had been confined in a Gaol or Prifon in the Cuftody of the Sheriff or other Gaoler, for the Crime of which fuch Offender shall have been convicted. XIV. And be it further enacted, That the Superintendant of the feveral Places of Confinement to be appointed by virtue of this Act fhall from time to time make Returns, specifying the Name of every Perfon in Cuftody in each of fuch Places of Confinement, the Offence of which he or she shall have been guilty, the Court before which he or she shall have been convicted, and the Sentence of fuch Court, together with his or her Age and bodily State, and his or her Behaviour whilft in Cuftody; and alfo the Names of fuch Offenders who shall have died whilft in fuch Cuftody, or shall have escaped or have been lawfully discharged from the fame; which Returns fhall be made on the First Day of every Eafter Term, and the First Day of every Michaelmas Term, to His Majefty's Court of King's Bench at Westminster, on the Oath of the Overfeer of fuch refpective Places of Confinement, fuch Oath to be made before the faid Court, or any Commiffioner authorized to take Affidavits in the fame. XV. And be it further enacted, That it fhall and may be lawful for His Majefty to appoint one fit and able Perfon to be Superintendant of any Place or Places of Confinement, either at Land or on board any Ship or Veffel, to which any fuch Offenders fhall be removed by virtue of this Act; and in cafe it fhall be deemed expedient, it shall and may be lawful for His Majesty to appoint One fit and proper Person to be Affiftant or Deputy to the faid Superintendant at each or any of the faid Places of Confinement; and to be constantly refident at or near fuch Place or Places of Confinement; and alfo One proper Perfon to be Overfeer on board each fuch Ship or Veffel, who, with a fufficient Number of Officers and Guards, fhall conftantly refide on board; and fuch Superintendant fhall perfonally vifit and infpect fuch Places of Confinement Four times in every Year, or oftener if Occafion fhall require, and fhall diftinctly examine into the State of fuch Places of Confinement, the Behaviour and Conduct of the refpective Affiftants or Deputies, Overfeers, Officers and Guards, the Treatment and Condition of the Prisoners, and the Amount of the feveral Earnings, and the Expences Report of the attending every fuch Place of Confinement, and fhall make a faithful Report of the fame to His Majefty's Principal Secretary of State for the Home Department, who fhall caufe fuch Report to be laid before both Houfes of Parliament at the Beginning of every Seffion; and fore Parliament. fuch Superintendant fhall diftinguish in fuch Report the Amount of the Earnings and Expences at each of fuch Places of Confinement, and shall state the average Number of Prifoners confined therein, and the Number of Days' Labour done by fuch Prisoners, diftinguishing the Work of Artificers from that of Common Labourers, and fuch Superintendant fhall alfo, in Matters of extreme Neceflity, make a Special Report thereof to His Majefty's faid Principal Secretary of State, who may, if he fhall fee fit, fubmit fuch Special Report to the Juftices of His Majefty's Court of King's Bench, who are hereby authorized to afford fuch Redrefs or provide fuch Regula Treatment, tions as they shall deem proper; and fuch Superintendant, Affiftants Continuance of or Deputies refpectively, and Overseers, fhall continue in Office Superintendant, during His Majefty's Pleasure, and fhall receive fuch Salaries as His &c. in Office. Majefty fhall appoint; and fuch Superintendant fhall be paid fuch travelling and other reasonable Expences as shall be incurred by him in Difcharge of his Duty. ation. XVI. And be it further enacted, That if any Offender hath Judges may already been ordered to be tranfported to any Part beyond the Seas, alter Sentences or if any Order shall at any time hereafter be made for the Tranf- of Transportportation of any Offender, and such Order cannot be conveniently executed with respect to the Place in fuch Order mentioned, it shall be lawful for the Court of King's Bench, or (in the Vacation time and out of Term) for any Two Juftices of the Court of King's Bench, Common Pleas or Barons of the Court of Exchequer of the Degree of the Coif, to order that fuch Offender shall be transported to any other Part or Place beyond the Seas, which shall have been appointed by His Majefty for the Transportation of fuch Offenders, in fuch and the like manner and for the fame Term of Years as fuch Offender is or fhall be liable to be transported to the Place men-. tioned in the original Sentence or Order for his or her Transportation; and fuch Order shall be confidered as made at the fame time, and Such order to fhall be as effectual to every Intent and Purpose, and fhall have all have like Effect the fame Confequences in every refpect as the original Order for as original the Transportation of fuch Offender; and fuch Offender fhall be Tranfportation. transferred, conveyed and made over to any Perfon who will contract for the Performance of fuch Transportation, and to his or their Affigns, in like manner as if fuch Offender had been transported to the Place mentioned in the original Order of Transportation; and fuch Perfon or Perfons fo contracting as aforefaid, his or their Affigns, by virtue of fuch Order of Transfer as aforefaid, fhall have a Property in the Service of the faid Offender for the Remainder of the Term Order for for which the Offender was originally ordered to be tranfported; and Offender found in cafe any fuch Offender fo ordered for Transportation fhall be at large. afterwards at large within any Part of the Kingdom of Great Britain, without fome lawful Caufe, before the Expiration of the Term for which fuch Offender shall have been ordered to be tranfported, every fuch Offender, being thereof lawfully convicted, fhall fuffer Death as in Cafes of Felony without Benefit of Clergy, and fhall be Death. tried before fuch Judges, and in fuch manner, and the fame Evidence made ufe of for his or her Conviction, as is or fhall be directed by the Laws now in being or hereafter to be made for the Trial of other Offenders who fhall be at large within this Kingdom before the Expiration of the Term for which they were ordered to be tranfported; and whoever fhall difcover and profecute to Conviction any fuch Of. Reward on fender fo being at large within this Kingdom as aforefaid, fhall be Conviction. entitled to a Reward of Twenty Pounds for every fuch Offender fo convicted, and shall have fuch Certificate to receive the fame, as any Perfon may be entitled to for the apprehending and profecuting to Conviction Perfons who have committed any Robbery upon the Highway. XVII. And be it further enacted, That the Expences of carrying Account of Exthis A&t into Execution as far as the fame relates to the Removal of pences laid bePrifoners convicted, and remaining in Cuftody under Sentence of fore Parliament. Death, and refpited during His Majefty's Pleasure, or under Sentence 56 GEO. III. or General Iffue. Treble Cofts. Limitation of 19 G. 3. c. 74. § 1, 2. or Order of Tranfportation to other Places of Confinement, and which are not otherwife provided for, fhall be annually laid before both Houfes of Parliament, and fhall be provided for in the next Supplies to be granted to His Majefty by Parliament. XVIII. And be it further enacted, That if any Suit or Action fhall be profecuted against any Perfon or Perfons for any thing done in pursuance of this Act, fuch Perfon or Perfons may plead the General Iffue, and give this Act and the Special Matter in Evidence at any Trial to be had thereupon, and that the fame was done by the Authority of this A&t; and if a Verdict fhall pafs for the Defendant or Defendants, or Plaintiff or Plaintiffs fhall become Nonfuit, or discontinue his, her or their Action or Actions after Iffue joined, or if upon Demurrer or otherwife Judgment fhall be given against the Plaintiff or Plaintiffs, the Defendant or Defendants fhall recover Treble Cofts, and have the like Remedy for the fame as any Defendants have by Law in other cafes; and notwithstanding a Verdict fhall be given to any Plaintiff in fuch Action or Suit as aforefaid, fuch Plaintiff fhall not have Cofts against the Defendant, unlefs the Judge before whom the Trial fhall be, fhall certify his Approbation of the Verdict. XIX. And be it further enacted, That all Actions, Suits and Profecutions to be commenced against any Perfon or Persons for any Thing done in pursuance of this Act, fhall be laid and tried in the County and Place where the Fact was committed, and fhall be commenced within Six Calendar Months after the Fact committed, and not otherwife. XX. And be it further enacted, That fo much of an Act paffed in the Nineteenth Year of the 'Reign of His prefent Majefty, intituled An Act to explain and amend the Laws relating to Transportation, Imprisonment and other Punishment of certain Offenders, as relates to Tranfportation beyond Seas, and fo much of an A&t paffed in the 25 G. 3. c. 46. Twenty fifth Year of the Reign of His prefent Majefty, intituled Continuance of An Aa for the more effectual Tranfportation of Felons and other Offenders in that Part of Great Britain called Scotland, and to authorize the Removal of Prifoners in certain Cafes, as authorizes the Removal of Offenders to temporary Places of Confinement, which were continued by fubfequent Acts of the Twenty eighth, Thirty fourth, Thirty ninth, Forty fecond, Forty fixth, Fifty third and Fifty fourth Years refpectively of the Reign of His prefent Majefty, until the Twenty fifth Day of March One thoufand eight hundred and fifteen, and until the End of the then next Seffion of Parliament, fhall be and the fame is hereby continued for the Term hereinafter mentioned. XXI. And be it further enacted, That this A&t fhall continue and be in force until the First Day of May One thousand eight hundred and twenty one, and no longer. CAP. XXVIII. An Act to enable the Commiffioners of His Majefty's Treasury " to |