Page:History of New South Wales from the records, Volume 1.djvu/577

453 THE ACT OF PARLIAMENT ESTABLISHING THE COLONY. The Orders-in-Council were followed by the Act 27 Geo. Ill, c. 2, 1787 pa.ssed in the year 1787, "to enable his Majesty to establish a Criminal Judicature on the eastern coast of New South "Wales and the parts adjacent." Whereas by an Act made and passed in the twenty-fourth year of his present Majesty's reign, intituled — An Act for the effectual 24 Geo. in, transportation of felons and other offenders, and to authorise the ^' ^ removal of prisoners in certain cases, and for other purposes therein mentioned, it is enacted that, from and after the passing of that Act, when any person or persons at any Sessions of Oyer or Terminer or Gaol Delivery, or at any Quarter or other General Session of the Peace to be holden for any county, riding, division, city, town, borough, liberty, or place, within that part of Great Britain called England, or at any Great Session to be holden for the County Palatine of Chester, or within the Principality of Wales, shall be lawfully convicted of grand or petit larceny, or any other offence for which such person or persons shall be liable by the laws of this realm to be transported, it shall and may be lawful for the Court before which any such person or persons shall be convicted as aforesaid, or any subsequent Court holden at any place for the same county, riding, division, city, town, borough, conrt may liberty, or place respectively, with like authority, to order and J^^ti^* adjudge that such person or persons so convicted as aforesaid shall be transported beyond the seas for any term of years not exceeding the number of years oY terms for which such person or persons is or are or shall be liable by any law to be transported ; and in any such case it shall or may be lawful for his Majesty, by and with the advice of his Privy Council, to declare and appoint to what place or places, part or parts, beyond the seas, either within his Order-in. Majesty's dominions, or elsewhere out of his Majest/s dominions, Spoilt "*^ such felons or other offenders shall be conveyed or transported : P">«e <>' And such Court as aforesaid is thereby authorised and empowered Son.^'**^ 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 : And when his Majesty, his heirs and successors, shall be pleased to extend mercy to any offender or offenders who hath or have been, or shall be convicted of any crime or crimes, for which he, she, or they is or shall be by law excluded from the benefit of clergy, upon condition of transportation to any place or places, part or parts, beyond the seas, either for term of Hfe, or any Digitized by Google