" 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 Year of the Reign of his late Majesty, to any Court
before
" whom any Felons and Offenders, tried for an convicted of any Offence,
" for which they might be sent or transported to any of his Majesty's
" Colonies or Plantations in America, should and might be observed
and executed
" by any other subsequent Court, with like Authority, held for the
" same County, Riding, Division, or Liberty, were or should be tried or
" convicted: And that such Court might appoint, if they should
think fit,
" two or more Justices of the Peace of the said County, Riding, Liberty,
or
" Place, where such Offenders were, or should be convicted; who should
" have Power and Authority to contract with any person or Persons, for
the
" Performance of the Transportation of such Felons and Offenders, who by
" Order of such Court or Courts were to be sent to any of the Colonies
or
" Plantations aforesaid, and to order such like sufficient Security to
be given,
" (As the aforesaid recited Act directs, to be taken by Order of Court)
and
" also to cause such Felons, pursuant to such Contract, to be delivered
by
" the respective Goalers, in whose Custody they were, or should be, or
" might be, to the Person or Persons contracting for the same, or to his
or
" their Assigns."
III. And whereas
several Masters of Ships, and other Vessels, importing the
said Felons and Offenders into this Province, have neglected to being any
Testimonial
of the Offences whereof the said Felons, and Offenders, have been
convict; or whereby it might appear whether they were obliged to serve
Seven
Years, or Fourteen Years, which hath already occasioned Disputes and Controversies
between the Persons entitled to the Service of such Felons, and
Offenders, and the Felons and Offenders themselves, concerning their Terms
of Servitude, and may occasion may more, as well as give some of the said
Felons, and Offenders, opportunities of returning from their Transportation
before the Expiration of the Terms they have been or may be transported
for, contrary to the true Intent and Meaning of the said Statutes.
IV. And whereas
several other Masters of Ships, and Vessels, have imported
several Felons, and other Offenders, into this Province, and made
private Contracts with such Felons, and Offenders, for a less Time of Servitude
than is prescribed by the said Acts, and disposed of the said Felons,
and other Offenders, to several of the Inhabitants of this Province, as
Servants
of good Reputations, and not convict of any Crime or Offences; by
which Practices several of the said Felons and Offenders, whose Testimony
ought not to be received in any Court of Record, or before any Magistrate,
because not know to be such, may be received as Witnesses, to the manifest
Danger of the Lives, Liberties, and Properties, of his Majesty's Subjects
of this Province, and the true Intent and Meaning of the said Statutes,
is
eluded; For the Prevention of which Evils, |
CHAP.
XXIII.
Recital of the
British Stat.
of 6 Geo. I.
Mischiefs occasioned
by
the neglect of
Masters of
Ships in not
bringing
Testimonials
of the Offences
of Convicts,
by the Fraud
of others in
selling Convicts
as reputable
Servants,
&c.
|