22 G.S. c.40. § 1, 2, 3. 28 G.3. c.55. § 4. 'Whereas by an Act passed in the Twenty second Year of the Reign of His said late Majesty, intituled An Act for punishing Persons wilfully and maliciously destroying any Woollen, Silk, • Linen or Cotton Goods, or any Implements prepared for or used in the Manufacture thereof; and for repealing so much of Two Acts, 'made in the Twelfth Year of King George the First, and in the Sixth Year of His present Majesty, as relates to the Punishment of Persons destroying any Woollen or Silk Manufactures, or any Implements prepared for or used therein, Provision was made for the Capital Punishment of Persons convicted of divers Offences, ، in destroying the Woollen, Silk, Linen and Cotton Manufactures, and the Tools, Tackle and Utensils used therein: And Whereas it is expedient to provide a lesser Degree of Punishment for 'such Offences, and to amend some Defects in the said Two Acts, and to incorporate therewith the Provision made by an Act passed in the Twenty eighth Year of the Reign of His said late Majesty, intituled An Act for the better and more effectual • Protection of Stocking Frames, and the Machines or Engines annexed thereto or used therewith; and for the Punishment of 'Persons destroying or injuring of such Stocking Frames, Machines or Engines, and the Framework knitted Pieces, Stockings and other Articles and Goods used and made in the Hosiery or Framework knitted Manufactory; or breaking or destroying any Machinery • contained in any Mill or Mills used or any way employed in preparing or spinning of Wool or Cotton for the Use of the Stocking Frame, for the Punishment of Persons convicted of divers Offences, in cutting and destroying Framework knitted Pieces, Stockings and other like Articles, and breaking, destroying and damaging Frames, Machines, Engines, Tools, Instruments and Utensils used in the same Manufacture and Machinery in the 'said Act mentioned;' Be it therefore further enacted, That from wholly repealed, and after the passing of this Act, the whole of the said recited Act of the Twenty second Year aforesaid, except so much thereof as repeals former Acts, and so much of the said recited Acts of the Fourth and Twenty eighth Years aforesaid, as create Felonies, in stealing, damaging or destroying Manufactures, Implements or Machinery, shall be and the same are hereby repealed, save only as to Offences committed before the passing of this Act, as to which the said Three last recited Acts shall continue in force; and that from and after the passing of this Act, if Person shall by Day or by Night break into any House, Shop or Building, or enter by Force into any House, Shop or Building, with intent to cut, break, destroy or damage, in the Loom or Frame, or on any Machine or Engine, or on the Rack or Tenters, or in any Stage, Processor Progress of Manufacture, any Woollen, Silk, Linen or Cotton Goods, or any Goods of any one or more of those Materials mixed with each other, or mixed with any other Material; or to cut, break, destroy or damage any other Article of the Woollen, Silk, Linen or Cotton Manufactures in the Loom or Frame, or on any Machine or Engine, or on the Rack or Tenters, or in any Stage, Process or Progress of Manufacture; or to cut, break, destroy or damage any Warp or Shute of Woollen, Silk, Linen or Cotton, or of any one or more of those Materials mixed with each other, or mixed with any other Material, or any Framework 22 G.3. c. 40. and 4 G.3. c. 37. 28 G.S. c.55. in part repealed. Destroying Woollen, Silk, Linen or Cot ton Goods, &c. in the Loom, &c. any Framework knitted Piece, Stocking, Hose or Lace; or to burn, break, cut, destroy or damage any Loom, Frame, Machine, Engine, Rack, Tool, Tackle, Utensil, Instrument or Implement, whether fixed or moveable, prepared for or employed in carding, spinning, throwing, weaving, fulling, shearing or otherwise manufacturing or preparing any such Goods or Articles; or shall wilfully and maliciously, and without lawful Authority, cut, break, destroy or damage any such Woollen, Silk, Linen, Cotton or Mixed Goods, or Articles, in the Loom or Frame, or on any Machine or Engine, or on the Rack or Tenters, or in any Stage, Process or Progress of Manufacture; or burn, break, cut, destroy or damage any such Loom, Frame, Machine, Engine, Rack, Tool, Tackle, Utensil, Instrument or Implement as aforesaid; or counsel, procure, aid or abet the Commission of the said Offences, or of any of them; every Person so offending, being thereof law- Transportation fully convicted, shall be guilty of Felony, and shall be liable, at or Imprisonthe Discretion of the Court, to be transported beyond the Seas ment. for Life, or for any Term not less than Seven Years, or to be imprisoned only, or to be imprisoned and kept to hard Labour in the Common Gaol or House of Correction, for any Term not exceeding Seven Years. CAP. XLVII. An Act for authorizing the Employment at Labour, in the WH HEREAS an Act was passed in the Fifty sixth Year of the 56 G.3. c.27. Reign of His late Majesty King George the Third, inti- § 9. 'tuled An Act to amend several Laws relative to the Transport'ation of Offenders, to continue in force until the First Day of May 'One thousand eight hundred and twenty one, which was, by an 'Act passed in the First and Second Years of His present 1 & 2 G.4. Majesty's Reign, continued for Two Years and to the End of c.6. 'the then next Session: And Whereas by the said first recited 'Act it was among other Things enacted, that it should be lawful for His Majesty, from time to time by an Order in Writing, to be notified by One of His Principal Secretaries of 'State, to direct the Removal of any Male Offenders who should 'be under Sentence of Death, but reprieved during His Ma'jesty's Pleasure, or under Sentence or Order of Transportation, and who, having been examined by an experienced Surgeon 'or Apothecary, should appear to be free from any putrid or in'fectious Distemper, and fit to be removed from the Gaol or Pri'son in which such Offenders should be confined, to such Place ' of Confinement, within England or Wales, either at Land, or on 'board any Ship or Vessel to be provided by His Majesty 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 Majesty should from time to time appoint, under the Manage'ment of a Superintendant and Overseer, to be appointed by His Majesty; and that every Offender who should be so removed, 'should continue in the said Place of Confinement, or be removed 'to and confined in any other such Place or Places as aforesaid, as • His 25G.3. c.46. His Majesty, by Order in Council, may direct Convicts to be employed in any Part of His Majesty's Dominions out of England, under a Super intendant and Overseer. His Majesty should from time to time appoint, until such Offender ⚫ should be transported according to Law, or by the Expiration of ⚫ the Term of such Transportation or otherwise, should be entitled to his Liberty, or until His Majesty should direct the Return of such Offender to the Gaol or Prison from which he should have been so removed; and it was further enacted, that the 'Superintendant or Overseer who should have the Custody of 6 every such Offender should, during the Term of such Custody, have the same Powers over him as are incident to the Office of a Sheriff or Gaoler, and in like manner be answerable for any Escape of such Offender; and also during such Custody should see him fed and clothed, according to a Scale of Diet and Clothing to be fixed on, and notified in Writing by One of His Majesty's Principal Secretaries of State to the Superintendant, and should keep such Offender to Labour, at such Places and under such Regulations, Directions, Limitations and Restrictions, as His Majesty should from time to time, by any Order, to be directed to such Superintendant or Overseer for their Instruction, appoint: And Whereas by an Act passed in the Twenty fifth Year of the Reign of His said late Majesty, similar Provisions were made with respect to Male Offenders 'convicted in Scotland, which were by the said secondly recited 6 6 Act continued for the same Term: And Whereas under the • Provisions of the said Acts, many Male Convicts have been 'confined on board Ships or Vessels provided by His Majesty, in the River Thames and within the Limits of certain Ports or Harbours of England, and have been kept to Labour in some of His Majesty's Dock Yards, and on other Public Works of great Utility and Importance; wherefrom there have resulted not only great Advantage to the Public, but also considerable Reformation of many of the Offenders so kept to Labour: And • Whereas Public Works of a similar Kind are and may hereafter be undertaken in other Parts of His Majesty's Dominions out of England, on which it may be expedient to employ Male Offenders convicted in Great Britain, being under Sentence or Order of Transportation, in the same manner as Male Offenders are employed in England under the said recited Acts:' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That it shall and may be lawful for His Majesty, by any Order or Orders in Council, to declare His Royal Will and Pleasure, that Male Offenders convicted in Great Britain, and being under Sentence or Order of Transportation, shall be kept to Labour in any Part of His Majesty's Dominions out of England, to be named in such Order or Orders in Council; and that whenever His Majesty's Will and Pleasure shall be so declared in Council, it shall be lawful for His Majesty, by an Order in Writing to be notified by One of His Majesty's Principal Secretaries of State, to direct the Removal and Confinement of any such Male Offender, either at Land or on board any Ship or Vessel to be provided by His Majesty, within the Limits of any Port or Harbour in that Part of His Majesty's Dominions which shall be named in such Order in Council, under the Management Management of the Superintendant now being or hereafter to be appointed in England, and of an Overseer to be appointed by His Majesty for each Ship or Vessel or other Place of Confinement to be provided under this Act; and that every Offender who shall be so removed shall continue on board the Ship or Vessel or other Place of Confinement to be so provided, or any similar Ship or Vessel or other Place of Confinement to be from time to time provided by His Majesty, until His Majesty shall otherwise direct, or until the Offender shall be entitled to his Liberty. II. And be it further enacted, That the Overseer to be ap- Overseer's pointed under this Act shall possess the same Powers and Powers. Authorities, and shall perform the same Duties, and shall be liable to the same Controul, as any Overseer appointed under the said first recited Act; provided, that the Oath thereby required to be by him taken, for verifying the Returns of Prisoners, shall be taken before a Judge or Justice of Peace of the Colony in which the Overseer shall be resident; and that the Super- Superintendant intendant shall make the same Reports and Returns respecting to report. every such Offender, as respecting Offenders confined under the said first recited Act; and that every such Offender as aforesaid, Offender to be confined under the Authority of this Act, shall be liable to the liable to same same Penalties and Punishments, for any Crime or Misconduct by Penalties as him committed, whether on board such Ship or Vessel, or other under former Place of Confinement to be provided under the Authority of this Act. Act, or on board any Ship or Vessel in which he shall be conveyed from England, to the Part of His Majesty's Dominions specified in any Order in Council to be made under the Authority of this Act, and for escaping from on board any of such Ships or Vessels, or other Place of Confinement, and being at large; and every Person rescuing, or attempting to rescue, or assisting in rescuing any such Offender confined under the Authority of this Act, shall be liable to the same Punishment as if such Offender had been confined under the said first recited Act. Rescue. III. And be it further enacted, That if any Suit or Action In Action for shall be prosecuted against any Person for any thing done in executing Act. pursuance of this Act, such Person may plead the General Issue, General Issue. and give this Act and the Special Matter in Evidence at any Trial to be had thereupon, and that the same was done by the Authority of this Act; and if a Verdict shall pass for the Defendant, or the Plaintiff shall become Nonsuit, or discontinue his Action, after Issue joined, or if, upon a Demurrer or otherwise, Judgment shall be given against the Plaintiff or Plaintiffs, the Defendant shall recover Treble Costs, and have the like Remedy Treble Costs. for the same as any Defendants have by Law in other Cases; and notwithstanding a Verdict shall be given to any Plaintiff in such Action or Suit as aforesaid, such Plaintiff shall not have Costs against the Defendant, unless the Judge before whom the Trial shall be shall certify his Approbation of the Verdict. IV. And be it further enacted, That all Actions, Suits and Limitation of Prosecutions to be commenced against any Person or Persons, for Actions. any thing done in pursuance of this Act, shall be laid and tried in the Place where the Fact was committed, or if committed on the Seas, then in the County of Middlessex; and shall be commenced within Six Calendar Months after the Fact committed, and not otherwise. V. And be it further enacted, That this Act shall continue and be in force during the Continuance of the said recited Act of the Fifty sixth Year of His late Majesty's Reign, and no longer. CA P. XLVIII. An Act for enabling Courts to abstain from pronouncing [4th July 1823.] II. And be it further enacted, That a Record of every such Judgment, so entered as aforesaid, shall have the like Effect to all Intents and Purposes, and be followed by all the same Consequences, as if such Judgment had actually been pronounced in open Court, and the Offender had been reprieved by the Court. III. And be it further enacted, That nothing herein contained shall extend to that Part of the United Kingdom called Scotland. |