assigned to deliver the gaol of our said lord the king of Newgate of the prisoners therein being, E. L. late of, &c. of the several terms for which they were ordered to be transported, or had agreed to transport themselves, and particularly the several provisions contained in an act made in the fourth year, &c. (it here sets out the titles of the beforementioned acts of 4 Geo. 1. 6 Geo. 1. 16 Geo. 2. and 8 Geo. 3.) shall take place, be in force, and endure with regard to the transportation of all such offenders as aforesaid, to any part or parts beyond the seas, and with regard to their punishment for being afterwards at large in this kingdom before the expiration of their respective terms, in like manner as if the same had been repeated and specially inserted in this act." s. 3. When any person is convicted of felony for which he shall be liable to be burnt in the hand, the court may, instead thereof, impose on him a moderate fine, or order him to be whipped*: but, by s. 4. the act shall not abridge the power vested in the court of imprisoning offenders. s. 5. His majesty is hereby empowered to appoint supervisors to erect penitentiary houses in any one of the counties of Middlesex, Essex, Kent, or Surry, for the purpose of confining and employing convicts therein. Continued by several acts, see 53 G. 3. c. 39. By 24 Geo. 3. c. 56. s. 6. it shall be lawful for his majesty, by an order in writing, to be notified by one of his principal secretaries of state, or for any three or more justices of the peace acting in, &c. to direct the removal of any male of fender, who shall be under sentence of death, but reprieved during his majesty's plea sure, or under sentence or order of transportation, and who, having been examined by an experienced surgeon or apothecary, shall appear to be free from any putrid or infectious distemper, and fit to be removed from the gaol or prison in which such offender shall be confined, to such place of confinement within England, or the dominion of Wales, either at land, or on board any ship or vessel in the river Thames, or any navigable or other river, or within the limits of any port of England or Wales, as his majesty, or any three of such justices, authorized as aforesaid, shall from time to time appoint, under the management of any overseer to be appointed, &c. By s. 1. his majesty in council, may appoint to what place beyond the seas felons shall be sent. Continued by several subsequent acts, see 53 G. 3. c. 39. * Manslaughter excepted. according to due course of law was tried, for that he, (set out the indictment,) and thereupon, by a certain jury of the country, between our said lord the king and the said E. L. in that behalf then and there, to wit, on the day of, in the year aforesaid, at and in the court of the said session, so holden as aforesaid, duly taken, he the said E. L. was duly convicted of the said felony upon the indictment aforesaid; and thereupon the aforesaid E. L. by the above-named justices of our said lord the king, assigned to deliver his gaol of Newgate aforesaid of the prisoners therein being, was ordered to be " transported beyond the seas for and during the term of seven years, as by the record thereof more fully appears; and that he the said E. L. afterwards, to wit, on the day of in the said year of the reign of our said lord the king, with force and arms, feloniously, and without any lawful cause whatsoever, was at large within this kingdom of Great Britain (h), to wit, at, &c. in the county aforesaid, before the expiration of the term of seven years, for which he the said E. L. was so ordered to be transported as aforesaid, against the form of the statute, &c. and against the peace, &c. (i). 222. Indictment against a felon under sentence of transportation, for being at large before the expiration of the term, after a conviction at the quarter sessions. That at the general quarter session of the peace of our lord the king, holden at Lancaster, in and for the county palatine of Lancaster, on Tuesday, to wit, the day of in the 51st 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 (h) See note (k), p. 623. (i) One Benjamin Fisher was tried on an indictment formed in this manner at Worcester summer assizes, 1790, convicted, and condemned to die. See an indictment for being at large in Great Britain after sentence of death, respite, and order of transportation, which was made at the assizes next after the trial. Cro. Cir. Ass. 411. the faith, before E. H. and E. T. esquires, and others their companions then and there present, justices of our said lord the king, assigned to keep the peace of our said lord the king, in and for the county aforesaid, and also to hear and determine divers felonies, trespasses, and other misdemeanors, in the same county perpetrated, that same general quarter session of the peace of our said lord the king, was adjourned by the aforesaid justices of our said lord the king, in that court being, until Thursday, to wit, the day of the same month of in the 51st year of the reign aforesaid, to be holden in Preston, in Amounderness, in and for the same county, to do further as the court there should consider. And on the said Thursday, the 9 day of aforesaid, in the year aforesaid, at the same general quarter session of the peace of our said lord the king, holden by the said adjournment at Preston aforesaid, in and for the said county, before J. P. &c. and others their companions, then and there present, justices of our said lord the king, &c. that same general quarter session of the peace of our said lord the king, holden by adjournment as aforesaid, was further adjourned by the same last-mentioned justices of our said lord the king, in that court being, until Monday, to wit, the day of the same month of , in the 51st year of the reign aforesaid, to be holden at Wigan, in and for the said county, to do further as the court there should consider, and on the said Monday, the day of afore said, in the year aforesaid, the same sessions of the peace of our said lord the king, was holden by the adjournment last aforesaid, at Wigan aforesaid, in and for the said county, before R. G. &c. esquires, and other their companions, then and there present, justices, &c. at which said session of the peace of our said lord the king, holden by the said last-mentioned adjournment at Wigan aforesaid, in and for the said county, the said day of in the 51st year of the reign aforesaid, upon the oaths of W. H. &c. (the names of the grand jury,) gentlemen, good and lawful men of the county of Lancaster aforesaid, then and there sworn and charged to inquire for our said lord the king, and for the body of the said county, it was presented that one W. W. late of the township of O. in the county of L. labourer, on the day of in the 51st, &c. (here set out the indictment for simple larciny,) whereupon the sheriff of the said county was commanded to apprehend and take the body of the said W. W.; and thereupon, at the same general quarter session of the peace, holden by the said last-mentioned adjournment, at Wigan aforesaid, in the county aforesaid, the said day of, in the 51st year of the reign aforesaid, before the said justices of our said lord the king last above named, came the said W. W. in the custody of the governor of the house of correction in Preston aforesaid (into whose custody, in the same prison, he the said W. W. had been before committed,) and having had hearing of the indictment aforesaid, was instantly asked to speak to the said court, how he would acquit himself of the premises aforesaid, in the indictment aforesaid, so charged and imposed on him, who said that he was guilty of the felony aforesaid, in the indictment aforesaid, on him so charged and imposed, as by the form of the said indictment was charged and supposed to be, and upon that it was required by the court there, of the said W. W. if he had any thing to say for himself, why the court there ought not to proceed to judgment concerning him upon the said indictment, who said nothing besides what at first he had said, whereupon all and singular the premises being seen and understood by the court there, it was considered and adjudged by the court there, that the said W. W. should be sent and transported to some parts beyond the seas, for the space of seven years, pursuant to the statute in that case made and provided, as by the record thereof more fully appears; and the jurors aforesaid, now here sworn, do further present, that the said W. W. afterwards, to wit, on the day of, in the 54th year of the reign of our said lord the king, with force and arms, feloniously, and without any lawful excuse, was at large within (k) this kingdom of Great Britain, to wit, at Liverpool, in the said county of Lancaster, before the expiration of the said space of seven years, for which he the said W. W. was so adjudged to be transported as aforesaid, against the form of the stat. &c. and against the peace, &c. (k) Qu. whether it would not be proper to aver, "within that part of the said united kingdom, which, at the time of the making of the stat. &c. was the kingdom of Great Britain, to wit, at, &c."; but see note (a), p. 544. The prisoner was convicted upon this indictment, Lanc. Sp. Ass. 1814, ILLEGAL ATTEMPTS, SOLICITATIONS, AND ENDEAVOURS (a). 223. Indictment for endeavouring to seduce a soldier from his allegiance (b). That A. B. being a wicked and evil-disposed person, on, &c. with force and arms, at, &c. feloniously, did maliciously and advisedly (c) endeavour (d) to seduce M. L. he the said M. L. then and there being a person serving in his majesty's forces by land, from his duty and allegiance to his said majesty, against the form, &c. and against the peace, &c. (Second count.) Feloniously, did maliciously and advisedly endeavour, to excite and stir up the said M. L. he the said M. L. then and there being a person serving in his majesty's forces by land as aforesaid, to commit an act of mutiny, and to commit traitorous and mutinous practices, against the form, &c. and against the peace, &c. 224. Indictment for enticing an artificer to leave the kingdom (e). That A. B. late of, &c. labourer, within twelve months next before the taking of this inquisition, on, &c. with force and arms, at, &c. unlawfully did contract with one (a) For assaults with different intents, see pr. p. 386, &c. (b) Under the stat. 37 G. 3. c. 70. see p. 137. the preamble recites, that whereas divers wicked and evil disposed persons by the publication of written or printed papers, and by malicious and advised speaking, have of late industriously endeavoured to seduce persons serving in his majesty's forces, by sea or land, rom their duty and allegiance o his majesty, and to incite them to mutiny and disobedience. (c) It was holden that this allegation was sufficient without a more express averment that the defendant knew that M. L. was a soldier. See R. v. Fuller, 1 Bos. & Pull. 180. and p. 156. (d) It was holden that this averment was sufficient without setting forth the means, see p. 137. 1 Bos. & Pull. 180. (e) Under the stat. 23 G. 2.. c. 13. |