(24 Geo. III, cap. 56) "to appoint places within or out of
His Majesty's dominions to which felons could be conveyed
or transported," and had authorized a specified court "to
order such offenders to be transferred to the use of any
person or persons and his or their assigns, who shall
contract for the due performance of such transportation."
Conditional pardons were authorized. On condition of
transportation offenders were to be transferred to contractors for the due performance of transportation;
penalties were prescribed for attempts to rescue felons
under care of contractors, and the penalty for a convict's
return was death. One of the earliest statutes in 1787
(27 Geo. III, cap. 2) contains in three clauses the scheme
for the new order of transportation and the constitution
provided for the new colony. After reciting the provisions
of 24 Geo. III, cap. 56, it declares that—
"Whereas His Majesty by two several orders bearing date respectively on the 6th day of Dec., 1786, hath judged fit by and with the advice of his Privy Council to declare and appoint the place to which certain offenders named in two lists to the said several Orders-in-Council annexed should be transported for the time or terms in their said several sentences, mentioned to be the eastern coast of New South Wales, or some one or other of the islands adjacent, and whereas Sir James Eyre knight and Sir Beaumont Hotham knight, two of the barons of His Majesty's Court of Exchequer of the Degree of the Coiffe, did (30th Dec. 1786) order that the said several offenders in the said two lists of the said several Orders-in-Council annexed should be transported to the place and for the time and terms aforesaid, and whereas it may be found necessary that a colony and a civil government should be established in the place to which such convicts shall be transported, and that a Court of Criminal Jurisdiction should also be established within such place as aforesaid with authority to proceed in a more summary way than is used within this realm according to the known and established laws thereof—
"Be it therefore enacted that His Majesty may by his Commission under the Great Seal authorize the person to be appointed Governor or the Lieutenant-Governor in the absence of the Governor of such place as aforesaid to convene from time to time as occasion may require a Court of Judicature for the trial and punishment of all such outrages and misbehaviours as if committed within this realm would be deemed and taken according to the laws of this country to be treason or misprision thereof, felony or misdemeanour, which Court shall consist of the Judge Advocate to be appointed in and for such place, together with six officers of His Majesty's forces by sea or land, which Court shall proceed to try such offenders by calling such offenders respectively before that Court and causing the charge against him, her, or them respectively to be read over; which charge shall always be reduced into writing and shall be exhibited to the said Court by the Judge Advocate, and by examining witnesses upon oath to be administered by such Court, as well for as against such offenders respectively, and afterwards adjudging by
