Such offen der may be county; and the 8 G. 1, c. 9. for which such felon or felons, vagabond or vagabonds, 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 benefit of clergy or of the statute made in the ninth year of the reign of her late majesty queen Anne, intituled, An act for taking away the benefit of clergy in certain cases, and for taking away the book in all cases, and for repealing part of the statute for transporting felons.' 2. And that such conviction may be with as little trouble and tried in any expence as possible, be it &c., that such offender or offenders shall and may be tryed for the said offence in any county of this clark of the kingdom; and that the clerk of the crown and clerk of the peace, where such orders of transportation shall be made, and their sucshall certify cessors for the time being, shall, at the request of the proseccutor or any other in his majesty's behalf, certifie a brief abstract containing the effect and tenor of every indictment and contransporta- viction of such man or woman, and of the order for his or her transportation, to his majesty's justices of the King's Bench, or the justices of assize, oyer and terminer, or gaol delivery, or the justices of the peace at their quarter sessions to be held for the county of Dublin, and county of the city of Dublin, where such man or woman shall be indicted or presented, not taking for the same above the sum of two shillings and six pence; which certificate, being produced in court, shall be a sufficient proof that such person or persons have been before convicted as a felon, or presented as a vagabond respectively, and ordered to be transported. crown the convic tion and order for tion. victs who may have escaped; felony. 6. And that none of the offenders aforesaid may be concealed II arbouring or harboured by any person whatsoever; be it &c., that whosoever such con- shall, after the first day of February, (1721,) receive, harbour, or conceal any robbers or felons ordered or to be ordered to be transported, and who, after such order for transportation, shall have broke gaol or escaped, or been at large in this kingdom, or shall break gaol, escape, or be at large in this kingdom, without some lawful cause, before the expiration of the term for which such robbers or felons have been or shall be ordered to be transported, knowing them to be such, and shall be thereof legally convicted; such offender shall suffer and incur the pain of death, as a felon convicted, without benefit of cleryg, or of the said statute of the ninth year of the reign of the late queen Anne. Offender 5 Geo. 4, c. 84 (a), s. 22 (pars.)—That if any offender sentenced to who shall have been or shall be so sentenced or ordered to transporta be transported or banished, or who shall have agreed or shall tion, and (a) Entitled, " An act for the transportation of offenders from Great Britain." sentence; agree to transport or banish himself or herself on certain condi- 5 G. 4, c. 84. tions, either for life or any number of years, under the provisions of this or any former act, shall be afterwards at large within any found part of his majesty's dominions, without some lawful cause, before expiat large, before the expiration of the term for which such offender shall ration of have been sentenced or ordered to be transported or banished, felony. or shall have so agreed to transport or banish himself or herself; every such offender so being at large, being thereof lawfully convicted, shall suffer death as in cases of felony without the benefit of clergy; and such offender may be tried either in the county or place where he or she shall be apprehended, or in that from whence he or she was ordered to be transported or banished. indictment found at 23. That in any indictment against any offender for being Form of found at large contrary to the provisions of this or of any other against act now made or hereafter to be made, and also in any indict- offenders ment against any person who shall rescue or attempt to rescue, large. or assist in rescuing any such offender from such custody, or who shall convey or cause to be conveyed any disguise, instrument for effecting escape, or arms, to any such offender, contrary to the provisions of this or of any other act now made or hereafter to be made, whether such offender shall have been tried before any court or judge within or without the united kingdom, or before any naval or military court martial, it shall be sufficient to charge and allege the order made for the transportation or banishment of such offender, without charging or alleging any indictment, trial, conviction, judgment, or sentence, or any pardon or intention of mercy or signification thereof, of or against or in any manner relating to such offender. of the and sen 24. That the clerk of the court or other officer having the Certificate custody of the records of the court where such sentence or order clerk of the of transportation or banishment shall have been passed or made, court, of the shall, at the request of any person on his majesty's behalf, make conviction out and give a certificate in writing, signed by him, containing tence, suffici the effect and substance only (omitting the formal part) of every entevidence. indictment and conviction of such offender, and of the sentence or order for his or her transportation or banishment (not taking for the same more than six shillings and eight-pence); which certificate shall be sufficient evidence of the conviction and sentence or order for the transportation or banishment of such offender; and every such certificate, if made by the clerk or officer of any court in Great Britain, shall be received in evidence, upon proof of the signature and official character of the person signing the same; and every such certificate, if made by the clerk or officer of any court out of Great Britain, shall be received in evidence, if verified by the seal of the court, or by the signature of the judge or one of the judges of the court, without further proof. 9 Geo. 4, c. 54, s. 16.—That if any person heretofore sen- Returning from transportation; felony. 9G. 4, c. 54. tenced or ordered, or hereafter to be sentenced or ordered to be transported, or who shall have agreed or shall agree to transport or banish himself or herself on certain conditions, either for life or for any number of years, shall be afterwards at large within any part of the united kingdom, without some lawful cause, before the expiration of his or her term of transportation or banishment; every such offender shall be guilty of felony, and shall suffer death as a felon: and every such offender may be tried, either in the county or place where such offender shall be found at large, or in the county or place at which such sentence or order of transportation or banishment was passed or made. Allegation of sentence &c. of trans portation, sufficient, without indictment. 17. That in any indictment or information against any offender, for being found at large contrary to the provisions of this act, or of any other act now in force or hereafter to be in force, whether such offender shall have been tried before any court or reference to judge within or without the united kingdom, or before any naval or military court martial, it shall be sufficient to allege the sentence or order of transportation or banishment of such offender, without alleging any indictment, information, trial, conviction, judgment, or other proceeding, or any pardon or intention of mercy, or signification thereof, of or against or in any manner relating to such offender. Certificate of sentence 18. That the clerk of the court, or other officer having the of transpor- custody of the records of the court where any such sentence, or tation, order of transportation or banishment shall have been passed or sufficient evidence. made, or his deputy, shall, at the request of any person on behalf of his majesty, make out and give a certificate in writing, signed by him, containing the effect and substance only (omitting the formal part) of any indictment, information, and conviction of such offender, and of the sentence or order for his or her transportation or banishment, (not taking for the same more than the sum of six shillings and eight-pence,) which certificate shall be sufficient evidence of the conviction, and sentence or order for the transportation or banishment of such offender; and every such certificate, if made by the clerk or officer of any court in Ireland, or by his deputy, shall be received in evidence, upon proof of the signature of the person signing the same; and every such certificate, if made by the clerk or officer of any court out of Ireland, shall be received in evidence, if verified by the seal of the court, or by the signature of the judge, or of one of the judges of such court, without further proof. 4 & 5 Will. 4, c. 67 (a). [Recites 5 Geo. 4, c. 84, s. 22, ut supra, p. 340.]-And whereas it is expedient that a lesser punishment than that of death should be provided for the punishment of the offenders convicted of any such offence so specified in the said act of the fifth year of the reign of king (a) Entitled, " An act for abolishing capital punishment in case of returning from transportation." c. 67. Offences in with trans George the Fourth; be it therefore &c., that so much of 4 & 5 W. 4, the recited act as inflicts the punishment of death upon persons convicted of any offence therein and hereinbefore specified, shall be, and the same is hereby repealed; and that from and after recited act the passing of this act, every person convicted of any offence punishable above specified in the said act of the fifth year of the reign of portation. his late majesty king George the Fourth, or of aiding or abetting, counselling or procuring the commission thereof, shall be liable to be transported beyond the seas for his or her natural life; and previously to transportation, shall be imprisoned, with or without hard labour, in any common gaol, house of correction, prison, or penitentiary, for any term not exceeding four years. SECTION 3. Perjury. 28 Eliz. c. 1 (a), s. 1.-For as much as this realm of Ireland is greatly troubled and hindered by reason of wilfull perjurie daily committed, notwithstanding that many good lawes have been made and ordeyned for redress thereof, and for that great dangers and perilles are daily like to fall, if some further remedies shall not be speedily provided for prevention thereof; be it therefore &c., that all and every person and persons which, Procuring a at any time after the end of this present parliament, shall unlaw- witness to commit perfully or corruptly procure any witness or witnesses, by letters, jury in any rewardes, promisses, or by any other sinister or unlawful labour court. or meanes whatsoever, to commit any wilful or corrupt perjurie, in any matter or cause whatsoever now depending, or that hereafter shall depend in suit and variaunce, by any writ, action, bill, complaint, or information, in any wise concerning any lands, tenements, or hereditaments, or any goods, chattles, debts, damages, or any other cause of action whatsoever, in any of her majesty's courtes of castle chamber, chauncerie, chief place, courte of common plees, exchequer, or any other court or courts, before any judge, justicer, president, governour, commissioners, mayor, sheriffes, senescalles, or any other officers whatsoever, as well within liberties as without, in this realm of Ireland; or shall likewise, unlawfully or corruptly procure or suborne (a) Entitled, "An act concerning willfull perjurie," 28 Eliz. & L any witness or witnesses, which shall, from and after the end of this present parliament, be sworn to testifie in perpetuam rei Punishment. memoriam; that then everie such offendor and offendors shall, for his or their said offence, being thereof lawfully convicted or attainted, lose and forfeite the summe of fortie poundes: and if it fortune any such offendour or offendours, so being convicted or attainted as aforesaid, not to have any goods or chattels, lands or tenements, to the value of fortie pounds; that then everie such person, so being convicted or attainted of any offences aforesaid, shall, for his or their said offence, suffer imprisonment by the space of one half year without bayle or mayneprise, and to stand upon the pillory by the space of one whole hour, in some market towne next adjoyning to the place where the offence was committed, in open market there, or in the market towne itselfe where the offence was committed: and that no person or persons being so convicted or attainted, to be from thence forth received as a witnesse, to be deposed or sworn in any court of record, or within any other court or courts within this realm of Ireland, untill such time as the judgment given against such person or persons shall be reversed by attaint or otherwise. And that, upon every such reversall, the parties grieved to recover his or their damages against all and every such person and persons as did procure the sayd judgment, so reversed, to be first given against them or any of them, by action or actions, to be sued upon his or their case or cases, according to the course of the common lawes of this realm. 2. That if any person or persons, after the end of this parliament, either by the subornation, unlawfull procurement, sinister perswasion or means of any others, or by their owne act, consent, or agreement, willfully or corruptly commit any manner of willful perjurie, by his or their deposition in any the courts before mentioned, or before any the judges, commissioners, or officers before mentioned, or being examined ad perpetuam rei memoriam; that then every person and persons so offending, and being thereof duely convicted or attainted by the laws of this realm, shall for his or their offence loose and forfeit twenty pounds, and to have imprisonment by the space of six months, without baile or mainprise; and the oath of such person or persons so offending, from thenceforth, not to be received in any court of record within this realm, untill such time as the judgment given against the said person or persons shall be reversed by attaint or otherwise: and that upon every such reversall, the parties grieved to recover his or their damages against all and every such person or persons, as did procure the said judgment, so reversed, to be given against them and every of them, by action or actions, to be sued upon his or their case or cases, according to the course of the common lawes of this realm: and if it happen the said offendor or offendours, so offending, not to have any goods or chattles to the value of xx. li., that then he or they to be set upon the pillorie in some |