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by a stat. passed soon after* the accession of the King, by which the time of transportation was accelerated, after reprieves, in cases of felonies excluded the benefit of clergy, by judges of the assize.
By another, passed after no great interval of time, those parts of the former statutes which ordained transportation to America to be part of the sentence of transportation, were superseded by a provision, that the sentences in future might be, " to some part of his Majesty's dominions beyond the seas," generally, and not confined to the American plantations, many of which were no longer under the controul of Great Britain: t so that now the usual style of the sentence of transportation runs, “ to such of his Majesty's dominions beyond the seas, as he shall direct and appoint.”
Next, it was enacted, that hard labour in certain places of confinement, might in some cases be subsequently to sentence substituted for transportation, and many statutes have been successively enacted to regulate these receptacles. I These, however, not entering into the consideration of the courts, and not controuling the sentences, are beside our
Several statutes have been recently passed for correcting the errors, and enlarging the benefits, of many of the former ones, on the subject of transportation, and the temporary confinement of offenders, of which the substance, so far as is necessary for our immediate purpose, is as follows :— The first of these, after reciting an act of the 43 of Geo. 3. on the same subject, provides for the tonnage and admeasurement of all vessels carrying passengers to any of his Majesty's plantations and settlements abroad. The next, after reciting those of 19 Geo. 3. c. 74.-24 Geo. 3. c. 56. and noticing others which had been, from time to time, made to amend and continue these, for the transportation of offenders, as well as for the confinement of them in places appropriated for these purposes, continues them to March 25, 1814. The last mentioned further continues the act immediately preceding, till March 25, 1815, and the conclusion of the then next session of parliament.
8 Geo. 3. c. 15. f 19 Geo. 3. c. 74.-enlarged and extended by 35 Geo. 3. c. 18. and 39 Geo. 3. c. 45.
1 15 Geo. 3. c. 74.-24 Geo 3. c. 56.-31 Geo. 3. c. 46.-52 Geo. 3. C. 44.--56 Geo. 3. c. 63.--and 59 Geo. 3. c. 136.
§ 53 Geo. 3. c. 36.-53 Geo. 3. c. 39.--54 Geo. 3. c. 30.-55 Geo. 3. c. 156.-56 Geo. 3. c. 27.—56 Geo. 3. c. 119. and 59 Geo. 3. c. 101.
Thus stood the statutes respecting the transportation of offenders in 1815. By the 55 of Geo. 3. c. 156, the 24 Geo. 3. c. 156, was repealed; and it is enacted, that his Majesty, with the advice of his privy council, may appoint any other places beyond the seas, in addition to those heretofore appointed, either within, or without, his Majesty's dominions, for the transportation of offenders. Persons undertaking to transport them are to give security for faithfully transporting, and produce evidence of the landing of the persons transported; and justices are to be appointed by courts to contract. This act, being for a limited term, was re-enacted by 56 Geo. 3. c. 29. which continues all the provisions of it, as well as of 25 Geo. 3. c. 46. respecting the removal of offenders to temporary places of confinement (further continued by the subsequent acts already noticed), till August 1, 1821. The last statute on this subject is 59 Geo. 3. c. 101, which recites the last-mentioned statute of 56 Geo. 3. and enacts, in addition to the provision of it, that convicts adjudged by courts out of England to transportation, and convicts pardoned on condition of transportation, may, when brought to England, be imprisoned on board of ships provided for that purpose, till they can be transported, or till the term of their respective sentences shall expire. But not to extend to convictions in Scotland or Ireland. To continue in force till the same period as the recited act, viz. May 1, 1821.
The sentence of the law being the concluding act of that part of the duty of a session of the peace, which has been the subject matter of this chapter, all ulterior proceedings are properly referable to another portion of the work.* It may not, however, be irrelevant to add, that “any Convicts, &c. judge of assize, or justices in session, or any justice of the peace, may order any convict upon his discharge from prison, and also any person who shall be acquitted at the assizes or sessions, discharged by proclamation or otherwise, to be conveyed by a vagrant pass, as directed by 17 Geo. 2, who shall by himself, or any other person, apply to such court, or justice, to be so conveyed; and the judge, justices, or justice, aforesaid, shall certify in such pass, that the person so conveyed was discharged from prison, or acquitted, or otherwise discharged, at the assizes or sessions, as the case may be, for which pass no fee shall be paid.”.
to be conveyed
by passes. * Post, Chap. 6.
THE commencement common to all indictments is after the following, or the like, form.
County of .. S The jurors for our Lord the King Commence
(to wit). upon their oath present that A. B. late ment. of the parish of ...... in the county of ... ... labourer (or
* The extreme improbability that any selection of precedents which the Compiler of this volume might make, would exactly meet the judgment, or the wants, of every professional person into whose hands it might chance to fall, renders it less necessary that he should attempt to give any explanation of the course he has actually pursued. Duty and interest, however, equally concur in pointing out the necessity for observing, that, in the choice he has made, he was solely influenced by that design which has guided his discretion through the whole of his work ; viz, that of making it most generally useful on all ordinary occasions, to persons at a distance from the sources of the highest professional information and assistance. With this object in view, he offers, with but very few exceptions, little more than precedents of indictments for offences which usually are, or may be, preferred to the courts of quarter sessions of the peace all over the kingdom ; purposely excluding most of those adapted to cases which are not within their ordinary jurisdiction, or which require more recondite legal erudition. He is, moreover, entitled to observe, that he has selected only such as have received judicial, or, at least, high professional, approbation. Indeed a large portion has been kindly supplied by a gentleman heretofore of great eminence at the bar, and now filling a judicial situation with the highest respect.
as he is, giving the proper addition), on the ...... day of
.... in the .. year of the reign of our Sovereign Lord George the Third, by the grace of God, of the united kingdom of Great Britain and Ireland, King, Defender of the Faith, &c. with force and arms at the parish of ...... aforesaid, in the county of ...... aforesaid, did, &c. &c.
(Here state the offence.)
subsequent count begins, “ And the jurors aforesaid, upon their
oaths aforesaid, do further present, &c. &c.” Conclusion at The common conclusion of all indictments for offences at Common law.
common law is, “ In contempt of our said Lord the King and his laws, to the evil example of all others in the like case offending, and against the peace of our said Lord the
King, his crown and dignity.” Ditto by sta.
When the offence is crealed, punished, or the proceedings tute.
against regulated, by statute, the conclusion must further state,
Against the form of the statute (or statutes, as the case is) in such case made and provided.
After the insertion of these technical formalities, common to all indictments, a repetition of them in individual instances would be superfluous; with the exception, therefore, of the first, the following precedents exhibit only the material parts, or substantial charges, in the body of each particular indictment, with such additions as particular
circumstances may render necessary. For a common County of .... The jurors of our Lord the King assault.
(to wit.) upon their oath, present that A. B., late of the parish of ......in the county of ...... yeoman, on the ...... day of ...... in the... ... year of the reign of our Sovereign Lord George the Third, &c. with force and arms at the parish of ...... in the county aforesaid, in and upon one P. Q. in the peace of God and our said Lord the King, then and there being, did make an assault: and him the said P.Q. then and there did beat, wound, and ill treat, so that his life was greatly despaired of, and other wrongs to