1776: 16 George 3 c.43: An act to authorise, for a limited time, the punishment by hard labour of offenders who, for certain crimes, are or shall become liable to be transported to any of his Majesty’s colonies and plantations.
[Preamble.]
WHEREAS the transportation of convicts to his Majesty’s colonies and plantations in America, now in use within that part of Great Britain called England, by virtue of the several Statutes authorising such transportation, is found to be attended with various inconveniences, particularly by depriving this kingdom of many subjects whose labour might be useful to the community, and who, by proper care and correction, might be reclaimed from their evil courses: whereas, until some other more effectual provisions, in the place of transportation to his Majesty’s Colonies and plantations in America, can be framed, such convicts, being males, might be employed with benefit to the public in raising sand, soil, and gravel from, and cleansing the river Thames; or being males unfit for so severe a labour, or being females, might be kept to hard labour of another kind within England; 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,
[Any male, convicted in England of any crime punishable by transportation to America, may, instead thereof, be kept to hard labour in cleansing the river Thames, &c. for any term not less than three nor more than ten years.]
That, from and after the passing of this act, where any male person shall, at any session of oyer and terminer, or gaol delivery, or at any quarter or other general session of the peace, for any county, riding, division, city, liberty, borough, town, or place, within that part of Great Britain called England, be lawfully convicted of grand or petit larceny, or any other crime for which he shall be liable by law to a sentence of transportation to any of his Majesty’s colonies or plantations in America, it shall and may be lawful for the court before whom any such person shall be so convicted, or any court held for the same place with like authority, if such court shall think fit, in the place of such punishment by transportation, to order and adjudge that such person shall be punished by being kept to hard labour in the raising sand, soil, and gravel from, and cleansing the river Thames, or any other service for the benefit of the navigation of the said river, under the management and direction of an overseer or overseers, to be appointed by the justices of the peace for the county of Middlesex, at their quarter or other general sessions of the peace, for the same term of years as the transportation for the said offence might by law have been adjudged, or for such shorter term as such court shall think fit to order and adjudge; provided that the same shall in no case be less than three years, or more than ten years.
[In case his Majesty should extend his mercy to any male convicted of any felony for which he is liable to suffer death, the judge may order the offender to be kept to hard labour, for the time specified by the secretary of state.]
II. And be it further enacted, That where any male person shall, at any session of oyer and terminer, or gaol delivery, or at any quarter or other general session of the peace for any county, riding, division, city, liberty, borough, town, or place, within that part of Great Britain called England, be lawfully convicted of any robbery, or other felony, for which he shall by law be liable to suffer death without benefit of clergy, and his Majesty shall be graciously pleased to extend the royal mercy to any such offender, upon condition of being kept to hard labour for the term of ten years, or any other shorter time to be specified, in the custody of such overseer or overseers as aforesaid; and such intention of mercy shall be notified in writing by one of his specified Majesty’s principal secretaries of state to the judge or justice of of oyer and terminer, or gaol delivery, in any county, city, or place, before whom any such offender shall be convicted or condemned, it shall and may be lawful for every such judge or justice of oyer and terminer, or gaol delivery, to make an order for allowing forthwith to every such offender the benefit of a conditional pardon, in the same manner as if there was a pardon under the great seal; and may and shall adjudge, that every such offender shall be kept to hard labour, in the custody of such overseer or overseers as aforesaid, for the time specified in the notification from such secretary of state.
[When any offender shall be ordered to hard labour, the clerk of the assize, &c. shall give a certificate to tge sheriff or gaoler,]
III. And be it further enacted, That when any offender shall be ordered to be kept to hard labour, in manner aforesaid, or as herein-after is directed, the clerk of the assize, clerk of the peace, or other clerk of the court by which such order shall be made, shall give to the sheriff, or gaoler, having the custody of such offender, a certificate in writing, under his hand, containing an account of the christian name, surname, and age of such offender; of his offence, of the court before whom he was convicted, and of the term for which he shall be so ordered to hard labour; and the sheriff, or gaoler, having the custody of such offender, shall, with all convenient speed, after the making of any such order, and receiving of such certificate, convey such offender, or cause him to be conveyed to such place within England;
[who shall deliver such offender and certificate to the overseer, &c.]
and also deliver such offender, or cause him to be delivered, together with the said certificate to such overseer or overseers as aforesaid; and the overseer or overseers, to whom any such offender shall be so delivered, shall give a proper receipt in writing under his or their hand or hands, which shall be a sufficient discharge to the sheriff, or gaoler, so delivering such offender.
[Expences incurred in conveyance of offenders to be paid by the county, &c.]
IV. And be it further enacted, That all expenses incurred by any sheriff or gaoler, in the conveyance of any such offender as aforesaid, shall be paid by the county, riding, division, city, liberty, borough, town, or place, for which the court, ordering such punishment by hard labour instead of transportation to America, shall be held; and the sheriff or gaoler, shall receive the money due for such expenses from the treasurer for such county, riding, division, city, liberty, borough, town, or place, by order of the justices of the peace, at their quarterly, or other general session, who are hereby required to make such order accordingly.
[Overseer to have the same power over offenders in his custody as a sheriff or gaoler.]
V. And be it further enacted, That after delivery of any such offender, as aforesaid, into the custody to which he shall be adjudged, the overseer or overseers, who shall have the custody of such offender, shall, during the term for which he shall be ordered to hard labour, have the same powers over such offender as are incident to the office of a sheriff or gaoler; and in case of any abuse of the custody, or other misbehaviour in discharge of his office, shall be liable to the same punishment as a gaoler;
[Offenders to be kept to hard labour in raising sand and gravel from the Thames, &c.]
and also shall, during such term as aforesaid, keep such offender to hard labour, either in raising sand, soil, and gravel from, and cleansing the Thames, or in any other laborious service for the benefit of the navigation of the Thames, but at such places only, and subject to such directions, limitations, and restrictions, as the master, wardens, and assistants, of the Trinity House, shall from time to time prescribe.
[Offenders not to be employed in delivering ballast to masters of ships, &c.]
VI. Provided nevertheless, That such offenders shall, in no case, be employed in delivering tonnage of ballast to masters and commanders of ships, but only in digging, raising, and taking up, the gravel, sand, and soil, from the shelves and sand-banks of the said river of Thames, and in discharging the same upon the shore, above the high water mark, or in some other laborious service for the benefit of the navigation of the Thames.
[Offenders to be fed with bread, coarse food, and water or small beer.]
VII. And be it further enacted, That every offender who shall be ordered to hard labour, in the custody of such overseer or overseers as aforesaid, shall, during the time of such service, be fed and sustained with bread, and any coarse or inferior food, and water, or small beer, and also clothed; and such offender shall not, during the term of such service, be permitted to have any other food, drink, or clothing, than such as shall be so allotted to them;
[No person to supply them with any other food &c. on penalty of 40s.]
and if any person shall supply any such offender, at any time during the term of his said service, with any drink, food, or cloathing, other than such as shall be so directed or permitted, he or she so supplying shall, for every such offence, forfeit any sum not exceeding forty shillings.
[Offenders who refuse to work, or otherwise misbehave themselves, may be whipped, &c.]
VIII. And be it further enacted, That if any offender, who shall be so delivered as aforesaid to be kept to hard labour, shall, during the term of such service, refuse to perform any labour authorised by this act, or who shall be guilty of any other misbehaviour or disorderly conduct, it shall be lawful for the overseer or overseers having the custody of any such offender to order such whipping, or other moderate punishment, to be inflicted upon him, as may be inflicted by law on persons committed to a house of correction for hard labour.
[Every offender, at the end of his confinement, shall receive a sum of money, no less than 40s nor more than 5l together with decent cloathing.]
IX. And be it further enacted, That every offender who shall be delivered to be kept to hard labour in manner aforesaid, shall, at the end of the term of such service, and upon being restored to his liberty, receive from the overseer or overseers, under whom he shall have so served, such sum of money not being less than forty Shillings, nor more than five pounds, together with such decent clothing, as the court into which such returns shall be made, as herein after mentioned, shall appoint:
[His Majesty, on the good behaviour of offenders, may shorten the term of their confinement.]
and if any such offender, whilst confined to hard labour in manner aforesaid, shall, by his industry and other good behaviour, shew such signs of reformation, as shall induce the said court to recommend him as an object of his Majesty’s mercy, and it shall be thereupon signified, by a letter from one of his Majesty’s principal secretaries of state to the overseer or overseers as aforesaid, that his Majesty thinks fit, in consideration of such good behaviour, to shorten the duration of such offender’s term, such offender shall be accordingly set at liberty at the time mentioned in such letter; and shall receive a sum of money from his overseer or overseers, together with clothing, in the same manner as if he had served the whole of the term for which he was adjudged to serve.
[Any person, convicted of any crime punishable by transportation, may be sent to some place of confinement within the county, &c. and there kept to hard labour for not less than three years, nor more than ten years.]
X. And be it further enacted, That where any person shall, at any session of oyer and terminer, or gaol delivery, or at any quarter or other general session of the peace for any county, riding, division, city, liberty, borough, town, or place, within that part of Great Britain called England, be lawfully convicted of grand or petty larceny, or any other crime, for which he or she shall be liable by law to transportation to any of his Majesty’s colonies in America, it shall be lawful for the court, in which any such offender shall be so convicted, or any court held for the same place, and with like authority, if such court shall think fit, in the place of such punishment by transportation, to order and adjudge that such person shall be sent to some proper place of confinement within the said county, riding, division, city, liberty, borough, town, or place, to be appointed for that purpose in manner herein after mentioned, there to be kept to hard labour, for such term or number of years as such court shall appoint, not exceeding the term or number of years for which the transportation for the said offence might have been adjudged: provided, That the same shall in no case be less than three years, or more than ten years.
[In case his Majesty should extend his mercy to any person guilty of any felony punishable by death, the judge may order the offender to be kept to hard labour, for the time specified by the secretary of state.]
XI. And be it further enacted, That where any person shall, at any session of oyer and terminer, or gaol delivery, or at any quarter, or other general session of the peace, for any county, riding, division, city, liberty, borough, town, or place, within that part of Great Britain called England, be lawfully convicted of any felony of any robbery, or other felony, for which he or she shall by law be liable to suffer death without benefit of clergy, and his Majesty shall be graciously pleased to extend the royal mercy to any such offender, upon condition of being kept to hard labour at the place of confinement to be appointed for that purpose in manner herein after mentioned, and such intention of mercy shall be notified in writing, by one of his majesty’s principal secretaries of state, to the judge or justice of oyer and terminer or general gaol delivery, in any county, city, or place, before whom such offender shall be convicted or condemned; it shall and may be lawful for every such judge or justice of oyer and terminer, or general gaol delivery, to make an order for allowing forthwith to every such offender the benefit of a conditional pardon, in the same manner as if there was a conditional pardon under the great seal, and may and shall adjudge that every such offender shall be kept to hard labour for the time specified in the notification from such secretary of state.
[When any offender shall be ordered to hard labour, the clerk of assize, &c. shall give a certificate to the sheriff or gaoler,]
XII. And be it further enacted, That when any offender shall be ordered to be kept to hard labour in manner aforesaid, the clerk of assize, clerk of the peace, or other clerk of the court by which such order shall be made, shall give to the sheriff or gaoler, having the custody of such offender, a certificate in writing under his hand, containing an account of the christian name, surname, and age of such offender, of his or her offence, of the court before whom he or she was convicted, and of the term for which he or she shall be ordered to hard labour;
[who shall deliver such prisoner, &c. to the keeper of the proper house of correction;]
and the sheriff or gaoler shall, with all convenient speed after the making of any such order, and receiving of such certificate, convey such offender, or cause him or her to be conveyed, to the proper house of correction and deliver such offender, or cause him or her to be delivered, together with the said certificate, into the custody of the master or keeper of such house of correction;
[who shall give a receipt for the same.]
and the person or persons to whom such offender shall be so delivered, shall give a proper receipt in writing, under his or their hand or hands, which shall be a sufficient discharge to the sheriff, gaoler, or other person, so delivering any such offender;
[Expenses of conveyance to be paid by the county, &c.]
and all expences incurred by any sheriff or gaoler, in the conveyance of any such offender to the house of correction in manner aforesaid, shall be paid by the county, riding, division, city, liberty, borough, town, or place, for which the court ordering such punishment by hard labour shall be held, in the same manner as is herein before directed in respect to offenders ordered to hard labour in removing sand, soil, and gravel from, and cleansing the river Thames.
[Justices for every county, &c. in England to prepare their houses of correction for reception of offenders;]
XIII. And be it further enacted, That the justices of the peace for every county, riding, division, city, liberty, borough, town, and place, within that part of Great Britain called England, shall, at the first quarter or other general session of the peace, which shall be held next after the passing of this act, take into consideration the state of their respective houses of correction, in order that proper places within the same, or elsewhere, within each respective county, riding, division, city, liberty, borough, town, and place, may be prepared for the reception of such offenders as shall be ordered to hard labour therein, by force of this act, and for the purposes aforesaid;
[and to give directions for their government, and keeping them to hard labour.]
and for keeping such offenders to hard labour, and for their employment, regulation, and government, shall give such directions, and make such orders, as such justices shall think most fit and proper, and they are authorised to give or make by the laws now in force in respect to houses of correction, or by any of them: and the keeper of the place of confinement so appointed and prepared shall, in case of any abuse of the custody, or other misbehaviour in discharge of his office, be liable to the same punishment as a gaoler.
[Penalty on persons rescuing offenders ordered to hard labour;]
XIV. And be it further enacted, That if any person shall rescue any offender, who by force of this act shall be ordered to hard labour, in removing sand, soil, and gravel from, and cleansing the river Thames, or in any place of confinement appointed by virtue of this act, either in his or her conveyance to the place appointed for such hard labour, or whilst such offender under this act shall be in the custody of the person or persons appointed for that purpose; or if any person shall be aiding or assisting in any such rescue; every such person shall be liable to the like punishment that is inflicted for breach of prison in cases of felony:
[or assisting in an attempt to make an escape, &c.]
and if any person, not having the actual custody of any such offender, shall be aiding and assisting in any escape, or shall by supplying arms, or instruments of disguise or escape, or otherwise in any manner be aiding and assisting in the attempt to make any such escape, though no such escape shall be made, every such person shall forfeit the sum of twenty pounds; which said penalty of twenty pounds shall be recoverable in any of his majesty’s courts of record, by any person or persons who shall sue for the same, by bill, plaint, action of debt, information, or otherwise, wherein no essoin, protection, or wager of law, shall be allowed.
[Penalty on persons ordered to hard labour who shall escape from confinement, &c.]
XV. And be it further enacted, That if any person who shall be ordered to hard labour under this act, either in removing sand, soil, and gravel from, and cleansing the river Thames, or at any place of confinement appointed by virtue of this act, shall, at any time during the term for which he or she shall be so ordered to hard labour, break prison, or escape from the place of his or her confinement, or from the person or persons having the lawful custody of such offender, he or she so breaking prison or escaping, shall on conviction, for the first escape, be punished by doubling the term of the service and hard labour in which he or she was at the time of such escape; and on conviction for a second escape, be adjudged guilty of felony without benefit of clergy, and suffer death accordingly.
XVI. And, to the intent that such conviction or convictions may be had with as little trouble and expense as possible, be it further enacted,
[Method of trial and conviction of offenders for making escape.]
That every offender or offenders, escaping in manner aforesaid, may and shall be tried before the justices of assize, oyer and terminer, or gaol delivery, for the county, city, or liberty, where he, she, or they, shall be apprehended and taken; and that the clerk of the assize and clerk of the peace, where such orders of confinement or hard labour shall respectively be made, and their successors for the time being, shall, at the request of the prosecutor, or any other in his majesty’s behalf, certify a transcript briefly and in few words, containing the effect of every indictment and conviction of such man or woman, and of the order made for his or her confinement, or being sent to hard labour respectively, to the justices of assize, oyer and terminer, and gaol delivery, where such man or woman shall be indicted for any such escape from his or her place of confinement or of hard labour respectively, (not taking, for the same, above the sum of two shillings and sixpence;) which certificate being produced in court, shall be a sufficient proof that such person of persons have before been convicted and ordered to such place of confinement or hard labour respectively.
[Clerk of assize, &c. to be paid by the treasurer of the county, &c.]
XVII. Provided always, and be it further enacted by the authority aforesaid, That such clerk of the assize, clerk of the peace, or other clerk of the court, and the sheriff or gaoler, shall paid by the treasurer of the county, riding, division, city, liberty, borough, town, or place, the like satisfaction as hath been usually paid for the order of transportation of any offender.
[Offenders confined by virtue of this act, to be kept separate, &c.]
XVIII. Provided always, That the offender or offenders which shall be sent to, and shall by virtue of this act, be directed to be confined in, such places to be appointed as aforesaid, shall be kept separate from, and shall not be permitted or suffered to intermix with, any person or persons confined for any offence under the degree of petit larceny, or other crime not making the person or persons having committed the same, by the laws of this realm, subject to a sentence of transportation.
[Overseers of the places of confinement appointed by this act to make returns, on oath, of the names of the persons, &c. committed to their custody.]
XIX. And be it further enacted by the authority aforesaid, That the overseers of the several places of confinement to be appointed by virtue of this act, shall, from time to time, make returns, specifying the names of all and every the person or persons who shall be committed to their custody, the offences of which they shall have been guilty, the court before which each person was convicted, the sentence of the court, the age, bodily state, and behaviour of every such convict while in custody; and also the names of all and every the person or persons who shall have died under such custody or shall have escaped from such place of confinement, or shall have been released from thence by order from one of his majesty’s principal secretaries of state;
[When, and to whom, the returns to be made.]
such returns from the overseers of the convicts to be employed in laborious service for the benefit of the navigation of the Thames, to be made the first day of every term, to his Majesty’s court of King’s Bench at Westminster; and from the overseers of the other places of confinement to be appointed by virtue of this act, to the justices of assize at each assize, and to the justices of the peace at each quarter or other general sessions of the peace, for the county, city, riding, division, or place, within which such place of confinement shall be situate; and that every such return shall be verified on the oath of the person making the same; such oath to be made before the court into which such return shall be delivered.
[Penalties of this act, how to be recovered and applied.]
XX. And be it further enacted, That any pecuniary penalties created by this act, for the recovery of which no mode is herein-before prescribed, shall be recoverable before two or more justices of the peace, in the county, riding, division, city, liberty, borough, town, or place, in which the offence shall be committed, on proof of the offence, by the oath or oaths of one or more credible witness or witnesses, or on confession of the offender, and shall belong to the informer or informers prosecuting for the same; and in case of nonpayment, shall be levied by distress and sale of the offender’s goods and chattels, by warrant under the hands and seals of such justices; and the overplus of the money raised, after deducting the penalty, and the expenses of the distress and sale, shall be rendered to the owner; and for want of sufficient distress, the offender shall be sent by such justices to the prison of such county, riding, division, city, borough, town, or place, for such term, not exceeding six months, as such justices shall think most proper.
[Persons prosecuted under this act, may plead the general issue.]
XXI. And be it further enacted, That if any suit or action shall be prosecuted against any person or persons for anything done in pursuance of this act, such person or persons may plead the general issue, and give this act, or 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 defendants, or the plaintiff or plaintiffs shall become nonsuit, or discontinue his, her, or their action or actions after issue joined; or if on demurrer, or otherwise, judgement shall be given against the plaintiff or plaintiffs,
[Treble costs.]
the defendant or defendants shall recover treble costs, and have the like remedy for the same as any defendants have by law in other cases; and though a verdict shall be given to any plaintiff in any 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.
[Limitation of actions.]
XXII. And be it further enacted, That all actions, suits, and prosecutions, to be commenced against the person or persons for anything done in pursuance of this act, shall be laid and tried in the county, or place, where the was committed, and shall be commenced within six months after the committed, and not otherwise.
[Continuance of this act.]
XXIII. And be it further enacted, That this act shall continue to be in force for two years, and also to the end of the then session; or if the said term of two years shall not determine during any session, then till the end of the then next ensuing session of parliament.
Source: Pickering, Statutes at Large, vol. 31.
Further reading: Digital Panopticon. Wikipedia.