Acts. 299

" to the Penalties of Burning in the Hand, or Whipping; (except
" Persons convict for receiving or buying Stolen Goods, knowing
" them to be Stolen) it should and might be lawful for the Cotirt
" before whom they should be convicted, or any Court held at the
" same Place with the like Authority, if they should think fit, in-
" stead of ordering such Offender to be Burnt in the Hand, or
" Whipt, to order and direct that such Offenders, as also such
" Offenders in any Work-house as aforesaid, should be sent as soon
" as conveniently might be, to some of his Majesty's Colonies and
" Plantations in America, for the space of Seven Years: And that
" Court before whom they should be convicted, or any subsequent
" Court, held for the same Place, with the like Authority as the
" former, should have Power to convey, transfer, and make over
" such Offenders, by Order of Court, to the Use of any Person or
" Persons, who should contract for the Performance of such Trans-
" portation, to him or them, his or their Assigns, for the Term of

Session
Laws

" Seven Years. And where any Person was convicted before the
" making the said first recited Act, or did then stand attainted of
" any Offence whatsoever for [which] Death by Law, ought to be
" inflicted, or where any Offenders should be thereafter convicted of
" any Crime whatsoever, for which by Law they ought to be ex-
" cluded the Benefit of Clergy; and his Majesty, his Heirs or Suc-
" cessors, should be graciously pleased to extend Royal Mercy to any
" such Offenders, upon Condition of Transportation to any Part of
" America, and such Intention of Mercy should be signified by one
" of his Majesty's principal Secretaries of State; it should and
" might be lawful for any Court, having proper Authority, to allow
" such Offenders the Benefit of a Pardon, under the Great Seal, and
" to order and direct the like Transfer and Conveyance to any Per-
" son or Persons (who would contract for the Performance of such
Transportation) and to his and their Assigns, of any such before
mentioned Offenders; as also of any Person or Persons convicted
of receiving Stolen Goods, knowing them to be Stolen, for the Term
of Fourteen Years, in case such Condition of Transportation be
general; or else for such other Term or Terms as should be made
Part of such Condition, if any particular Time be specified by his
Majesty, his Heirs and Successors as aforesaid: And that such
Person or Persons, so contracting as aforesaid, his or their Assigns,
by virtue of such Order of Transfer as aforesaid, should have a
Property and Interest in the Service of the said Offenders, for such
Term of Years,
II. And whereas by the Statute of the Sixth Year of the Reign
of his late Majesty, entitled, An Act for the further preventing
Robbery, Burglary, and other Felonies, and for the more effectual
Transportation of Felons, it is Enacted, That all the Powers and
Authorities, which are given by the said recited Act of the Fourth

p. 20