86 "inrolled, statute.or statutes, recognizance or recognizances, bail "or bails, judgment or judgments, in the name of any other per"son or persons, not privy or consenting to the same, and being "thereof lawfully convicted or attainted, shall be adjudged, decreed, and taken to be felons, and suffer the pains of death, "and incur such forfeitures and penalties as felons convicted or "attainted lose and forfeit, without the benefit of clergy to be "allowed to any such offender (saving corruption of blood and "loss of dower). Sect. 2. Not to extend "to any acknowledgments acknowledged by any attorney or attornies of record, for any person or persons against whom any such judgment or judgments shall "be had or given." Sect. 3. In the construction hereof it has been holden, that if a 2 Jon. 64. man personate another in the county of A. in putting in bail before a judge, and the bail be filed in the county of B. the trial shall be in the county of A. Contra in the Sect. 4. Also it seems, that the bare personating of bail be- report of the fore a judge is no felony, unless the bail be filed. prose same case, 1 Stra. 384. Sect. 5. It seems also, that if bail be put in in the names of Anonymous, persons who have no existence, the offender cannot be cuted upon this statute for felony, in having personated bail; but the court may order him to be set on the pillory for the misde meanour. + Sect. 6. It seems also, that if the person personated can Beckman's case, clearly make out the fact upon affidavit, the court will relieve him 12 Mod. 257. from the liability of payment by vacating the record. 66 except attornies to take bail in + Sect. 7. By 4 Will. and Mary, c. 4. s. 1. it is enacted, "That Chief justice, "the chief justice, and other the justices of the court of King's &c. may make "Bench for the time being, or any two of them, whereof the any persons, "chief justice for the time being to be one for the said court of and solicitors, King's Bench, and the chief justice of the court of Common commissioners "Pleas, and other the justices there for the time being, or any the country. "two of them, whereof the chief justice of the same court to be "one for the said court of Common Pleas, and also the chief "baron and barons of the quoif of the court of the Exchequer for “the time being, or any two of them, whereof the chief baron for "the time being to be one for the said court of Exchequer, shall 66 or may, by one or more commission or commissions under the "several seals of the said respective courts, from time to time, as "need shall require, impower such and so many persons, other "than common attornies and solicitors, as they shall think fit and "necessary, in all and every the several shires and counties within "the kingdom of England, dominion of Wales, and town of Ber"wick upon Tweed, to take and receive all and every such recog"nizance or recognizance of bail or bails, as any person or per"sons shall be willing or desirous to acknowledge or make before of the persons so impowered, in any action or suit depend"ing, or hereafter to be depending, in the said respective courts, << or any of them, in such manner and form, and by such recog"nizance or bail-piece, as the justices and barons of the said respective courts have used to take the same; which said recog any "nizance Justices, &c. to "nizance or recognizance of bail or bail-piece, so taken as aforereceive the bail-said, shall be transmitted to some, or one, of the justices or piece upon affidavit of due "barons of the said respective courts where such action or suit execution. "shall be depending, who, upon affidavit made of the due taking "of the recognizance of such bail or bail-piece by some credible person present at the taking thereof, such justice or baron shall "receive the same, upon payment of such fees as have been usually received for the taking of special bails by the justices' "and barons' clerks, and other the officers of the said respective Bail taken be-courts; which recognizance of bail or bail-piece, so taken and "transmitted, shall be of the like effect as if the same were "taken de bene esse before any of the said justices and barons; "for the taking of every which recognizance or recognizances of "bail or bail-piece, the person or persons so impowered shall receive only the sum or fee of two shillings, and no more." low to be as de bene esse. Felony for any person to be bail in another man's name, + Sect. 8. By 4 Will. and Mary, c. 4. s. 2. it is further enacted, "That the justices and barons respectively in the several "courts shall make such rules and orders for the justifying of "such bails, and making of the same absolute, as to them shall "seem meet, so as the cognizor or cognizors of such bail or bails "be not compelled to appear in person in any of the said courts, "to justify him or themselves, but the same may and is hereby "directed to be determined by affidavit or affidavits duly taken "before the said commissioners, who are hereby impowered and required to take the same, and also to examine the sureties "upon oath touching the value of their respective estates, unless "the cognizor or cognizors of such bail do live within the cities "of London and Westminster, or within ten miles thereof." 66 66 Sect. 9. By 4 Will. and Mary, c. 4. s. 3. it is further enacted, "That any judge of assize, in his circuit, shall and may take and receive all and every such recognizance and recog"nizance of bail or bails as any person shall be willing and de"sirous to make and acknowledge before him, which being "transmitted in like manner as aforesaid, shall (without oath) be "received in manner as aforesaid, upon payment of the usual fees." + Sect. 10. By 4 Will. and Mary, c. 4. s. 4. it is further enacted, "That any person or persons who shall, before any person or persons impowered by virtue of this act as aforesaid, to 21 Jac. 1. c. 26. "take bail or bails, represent, or personate any other person or "persons, whereby the person or persons so represented and personated may be liable to the payment of any sum or sums "of money for debt or damages to be recovered in the same suit or action, wherein such person or persons are represented and "personated, as if they had really acknowledged and entered into "the same, being lawfully convicted thereof, shall be adjudged, "esteemed, and taken to be felons, and suffer the pains of death, "and incur such forfeitures and penalties as felons in other cases "convicted or attainted do by the law of England lose and for"feit." Of 2. Of Returning from Transportation. to America. + Sect. 1. By 4 Geo. 1. c. 11. s. 1. " All offenders convicted Transportation "of grand or petit larceny, or any other felonious taking, except "the buying or receiving of stolen goods, whose crimes are "within the benefit of clergy, and for which they are liable only "to be burned in the hand or whipped; and also all offenders "whose crimes, on conviction, exclude them from the benefit of "clergy, to whom his majesty shall extend his royal mercy, on "condition of such transportation, signified under the great seal, by one of the principal secretaries of state, shall and may be "transported to America for seven years." 66 66 Sect. 2. By 4 Geo. 1. c. 11. s. 1. " All offenders convicted of knowingly buying or receiving stolen goods, to whom such conditional mercy shall be extended generally, shall be transported to America for the term of fourteen years, or such other "term as shall be made part of such condition." Sect. 3. By 4 Geo. 1. c. 11. s. 2. "If any offender or offenders, "so ordered to be transported for any term of seven years, or "fourteen years, or other time or times as aforesaid, shall return "into any part of Great Britain or Ireland before the end of his or their said term, he or she so returning as aforesaid, shall be "liable to be punished as any person attainted of felony, without "the benefit of clergy, and execution shall and may be awarded against such offender or offenders accordingly." Provided nevertheless, "That the king may at any time pardon, and dis"pense with any such transportation, and allow of the return of "any such offender or offenders from America, upon the terms as described in the act." + Sect. 4. And whereas some felons ordered for transportation have already, and others may, come on shore, and return to Great Britain, before they have been actually transported to America, or may break gaol, or escape before such transportation; it is thereupon enacted, by 6 Geo. 1. c. 23. s. 6. “That if "any felon or felons who shall be ordered for transportation, "shall be afterwards at large within Great Britain, without some "lawful cause, before the expiration of the term for which such "felon or felons was, were, or shall be ordered to be transported, "all and every such person and persons, being thereof lawfully "convicted, shall suffer death, as in cases of felony, without be"nefit of clergy." + Sect. 5. And by 6 Geo. 1. c. 23. s. 7. To the intent that Mode of trial. such conviction may be as little trouble as possible, it is further enacted, "That such offender may be tried either before justices 66 of assize, oyer and terminer, or gaol-delivery, for the county, "city, or liberty where he, she, or they shall be apprehended "and taken, or before justices of assize, oyer and terminer, or gaol-delivery for that county, city, or place from whence he, "she, or they were ordered to be transported; and that the clerk "of the assize and the clerk of the peace where such orders "for transportation shall be made, 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 Convicts transporting themselves, &c. Transportation continued to 1787, by 24 Geo. S. c. 56. Barrington on the Statutes, p. 445 to 447. 66 "effect and tenor of every indictment and conviction of such man or woman, and of the order or contract for his or her. transportation, to the justices of assize, oyer and terminer, or gaol-delivery, where such man or woman shall be indicted; "which shall, on production of it, be a sufficient proof of the "former conviction and order for transportation." 66 + Sect. 6. By 16 Geo. 2. c. 15. it is recited, "That many felons who had agreed, upon certain conditions, to transport themselves, either for life, or for some term or number of years, had already, and might hereafter, come on shore or return:" and enacted, "That if any felon, or other offender, already ordered, "or hereafter to be ordered, for transportation, or who hath already, or hereafter shall agree to transport him or herself, on "certain conditions, to America, either for life or any number of "years, shall be afterwards at large within any part of Great Britain, without some lawful cause, before the expiration of "the term for which he or she were so ordered to be transported, "or had so agreed to transport him or herself; all and every such person or persons, being thereof lawfully convicted, shall suffer death, without benefit of clergy." 66 Sect. 7. By 8 Geo. 3. c. 15. it is recited, "That offenders excluded from the benefit of clergy are frequently reprieved by the judge who tries them, and, upon his recommendation, may receive mercy, on condition of transportation to America for life, or for the term of fourteen years:" and enacted, "That where, upon "such recommendation, such offenders shall receive mercy as "aforesaid, signified by a principal secretary of state to the judge "so recommending, it shall be lawful for every such judge to "make an order for the immediate transportation of every such "offender, which shall be as good and effectual, and be consi"dered as if the same had been made during the continuance of "the assizes at which such offender was, or shall be, convicted. "But if such offender, so ordered for transportation, shall be "afterwards at large within any part of Great Britain, without some lawful cause, before the expiration of the term for which "such offender shall have been ordered to be transported, every "such person, being thereof lawfully convicted, shall suffer death, without benefit of clergy, and shall be tried in like manner as other felons found at large before the expiration of their "term." 66 Sect. 8. But America having at length separated from its beyond the seas; connection with Great Britain, the punishment of felons and the 1st of June, other offenders, by transportation to the plantations, was attended with many difficulties; and it is therefore enacted by 19 Geo. 3. c. 74. "That when any person, in England or Wales, shall be lawfully convicted of grand or petit larceny, or any other crime "for which he is liable to be transported to America, such person shall, if the court shall think fit, be ordered to be transported to any parts beyond the seas, whether the same be situated in "America or elsewhere, in such and the like manner, and for "the same term, as and for which such person is or shall be "liable to be transported to America." 66 + Sect. 66 66 are now worded. Sect. 9. And by 19 Geo. 3. c. 74. it is further enacted, "That when any such person, who shall be so convicted, shall, " in consequence thereof, be ordered to be transported to any "parts beyond the seas, or if his Majesty shall extend his mercy "to any offender, convicted or attainted of any felony excluded "from clergy, upon condition of (a) transportation to any parts (a) For the form beyond the seas as aforesaid, then in any such cases all laws, in which condi"statutes, usages, and customs now in force with regard to tional pardons "transportation to America, and their punishment for being Vide b. 2. c. 37. "afterward at large within any part of Great Britain before the expiration 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 the 4 Geo. 1. c. 11. 6 Geo. 1. c. 23. 16 Geo. 2. c. 15. and the 8 Geo. 3. "c. 15. shall take place, and be in force and enure, with regard "to the transportation of such offenders, and with regard to "their punishment for being afterwards at large as aforesaid, in "like manner as if the same had been repeated, and specially "inserted in this act." 66 66 Sect. 10. By 19 Geo. 3. c. 74. s. 27. it is also enacted, Labour on That male offenders convicted of any crime, except petit lar- board the hulks. "ceny, for which they are liable to transportation, may in lieu 66 66 thereof, if the Court shall think fit, be punished by being kept " on board ships or vessels, (commonly called the hulks,) and employed in raising sand, soil, or gravel from the river Thames, "&c. &c. for such term not less than one year, nor exceeding "five years. Or, in case such offender shall be liable to be transported for fourteen years, not exceeding seven years, as "the Court shall think fit to order and adjudge." 66 Sect. 11. By 19 Geo. 3. c. 74. s. 28. it is also enacted, "That where any male offender shall be lawfully convicted of any robbery, or other felony without benefit of clergy, and "mercy, notified in writing by a secretary of state as aforesaid, "shall be extended to such offender, upon condition of being kept to hard labour during any specified term, such mercy may "be allowed in the same manner as if there was a conditional "pardon under the great seal, and the Court (b) may and shall (6) Vide the "order such offender to be kept to hard labour as aforesaid, for act. "the time specified in the notification from the secretary of "state." 66 death upon Sect. 12. By 19 Geo. 3. c. 74. it is further enacted, "That N. B. This act "if any person who hath been ordered to hard labour instead of inflicts the putransportation, shall break from the custody of the keepers, or nishment of or escape, they shall be punished by an addition of three years those who being "to the term for which he or she, at the time of his or her ordered to hard "breach of prison, or escape, was subject to be confined; and labour instead "if such person so punished by such addition to the term of of being capitally punished, confinement, shall afterwards be convicted of a second escape in any of the "or breach of prison, he or she shall be adjudged guilty of felony places of con"without benefit of clergy." finement mentioned in the act, shall break from their keepers or escape. But as this part of the act was never carried into execution, the insertion of it is omitted. + Sect. |