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" Shall be Suffered to Return from the said Place to any part of
" Great Britain or Ireland by the Wilfull Default of Such Contractor
" or his Assigns.
Act "6: Geo : 1 : l : 23. This Statute likewise for the more
Effectual Transportation of Felons, Enacts that all Charges in &
about Making the Contracts, Taking Securitys & Conveying of
Felons in Order to be Transported Shall be born by each County,
Riding, or Division, Liberty or Place for which the Court was held
that Ordered such Felons to be Transported.
And Directs y.e Manner of y.e Paym.t of it by their Treasurer
to the Contractor.
And further Stating That Agreeable to these Statutes such Con-
tracts for the Transportation of Felons had hitherto been made,
the Expence thereof borne, Such Bonds Executed, & Such Certifi-
cates of their Landing Abroad Procured.
That the above Act of Assembly must necessarily Produce One
of these two Consequences.
Either that the Court here must not Order y.e Felons to be
Transported to Maryland.
Or an Additional Expence of 20.S p Head to be paid by the Trea-
surer of the County &c. from whence such Felons Should be Trans-
ported. And w.ch Expences so far as Related to London, Middlesex,
& the Home Circuit (from w.ch Places the Transports were very
Numerous) His Maty had been Graciously pleased to take upon
himself and to Pay out of his own Purse.
That the Memorialist in 1756. Received Advice from Maryland
that on 17.th Nov.r 1755. 20S p Head for 99. Convicts Landed there
had been Demanded, Insisted upon, & Received of his Agents
(under y.e Authority of that Law) by M.r W.m Lux for y.e Col-
lector & Naval Officer there.
That he Presumed to Lay his Case before his Lordship, not
Doubting but his Lordship wo.d immediately give the necessary
Orders not only for the Reimbursing him such Monies as had
hitherto been Exacted from him in Opposition to the Laws of Great
Britain but likewise for the Repealing or Explaining so much of the
Law in Question as wo.d prevent y.e like Exactions for y.e future.
That the Memorialist found it Necessary from a Cursory View
of the Act to Express his Apprehensions that the Ambiguous Term
of Servants, which Appeared to be the Object of that Duty might
Admit of Some Doubt as to the true Construction thereof. But as
Convicts Transported are by the Statutes of this Kingdom Declared
to be the Servants of the Contractor & his Assigns and are by the
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MSS.
Calvert
Papers
No. 584
Md.Hist.Soc.
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