cuits, twelve; and within each of the two annual home cir cuits, fixteen offenders. made as afore number above XXVI. Provided alfo, and be it further enacted, That in the Until certifi mean time, and until fuch certificate fhall be made as aforefaid, cate fhall be it shall be lawful for the court in which any fuch offenders as faid, the court aforesaid shall be convicted, or any other court held for the fame in which fuch place, and with like authority, to order and adjudge fuch offen- offenders fhall ders, not exceeding the numbers herein-before refpectively li- be convicted, mited, to be imprifoned and kept to hard labour, for the feveral may order the terms aforefaid, in the refpective houfes of correction, or other fpecified to proper places, within each refpective county; which houfes of hard labour correction, or other proper places, fhall, during fuch time, be in the house deemed and esteemed to be penitentiary houses, to all intents &c. for the of correction, and purposes, within the meaning of this act, except only with county; regard to the appointment of officers and fervants, and other interior regulations of fuch houses, directed by this act; and when fuch certificate fhall be made as aforefaid, the offenders all of whom then imprisoned in fuch houfes of correction, or other places, fhall be tranf by virtue of this act, fhall be transferred to fuch new-erected penitentiary penitentiary houses, for the refidue of the feveral terms during houses as foon which they were ordered and adjudged to be imprisoned; and as they are the juftices of the peace for every county, at their feveral quar- ready for ter feffions to be holden next after the feast of Saint Thomas the Martyr, in the year of our Lord one thousand feven hundred and feventy-nine, or at any adjournment of the fame sessions, are hereby required to give directions for the temporary reception, fafe cuftody, employment, and due regulation of fuch offenders, the expences of which, being previously examined and allowed by the faid juftices at their quarter feffions, shall be paid by the treasurer of each refpective county, who shall be allowed. the fame in his accounts. ferred to the their recep tion. XXVII. And, for the more fevere and effeclual punishment of Any male atrocious and daring offenders, be it further enacted, That, from convicted, in and after the first day of July, one thousand seven hundred and England or seventy-nine, where any male perfon, at any feffion of oyer and Wales, of any crime (except terminer, or gaol delivery, to be holden for the county of the petty larcecity of London, or for any other county within that part of Great ny) punishBritain called England, or for the royal franchise of Ely, or at any able by trans great feffion to be holden for the county palatine of Chester, or portation, within the principality of Wales, fhall be lawfully convicted of may, if of competent grand larceny, or any other crime, except petty larceny for which: age and bohe fhall be liable by law to be transported to any parts beyond dily ftrength, the feas, it shall and may be lawful for the court before whom be kept to any fuch person fhall be fo convicted, or any court holden for in cleaning the fame place with like authority if fuch court fhall think fit, the Thames, in the place of fuch punishment by tranfportation, to order and &c. for any adjudge that such perfon, appearing to be of competent age, and term not lefs free from any bodily infirmity, fhall be punished by being kept nor more than on board fhips or veffels properly accommodated for the fecu- feven years. rity, employment, and health of the perfons to be confined therein, hard labour than one year. > 1 In cafe his extend his mercy to any perfon convicted of any felony punishable by death, the judge shall order the of fender to be kept to hard penitentiary labour in a therein, and by being employed in hard labour in the raifing fand, foil, and gravel from, and cleanfing, the river Thames, or any other river navigable for fhips of burthen, or any port, harbour, or haven, within that part of Great Britain called England, fuch river, port, harbour, or haven, being previously approved and appointed for that purpose by order of his Majefty in his privy council, or in any other fervice for the benefit of the navigation of the faid rivers, ports, harbours, or havens, or in any other publick works upon the banks or fhores of the fame, under the management and direction of fuch fuperintenant or fuperintendants as hath been or fhall be appointed, for the river Thames, by the justices of the peace for the county of Middlefex, and for other rivers, ports, harbours, or havens, by the justices of the peace for the counties wherein such rivers, ports, harbours, or havens, are fituated, or of fuch of the counties next adjoining to the fame, respectively, as his Majefty in council fhall direct, at their quarter or other general feffion of the peace, for such term, not less than one year, nor exceeding five years, or in cafe fuch offender fhall be liable to be transported for fourteen years, not exceeding seven years, as fuch court of oyer and terminer, or gaol delivery, fhall think fit to order and adjudge. XXVIII. And be it further enacted, That where any perfon, Majefty should shall at any feffion of oyer and terminer, or gaol delivery, or great feffion, within England or Wales, be lawfully convicted of any robbery, or other felony, for which he or the fhall by law, either under this ftatute, or under any other statute now in force, or hereafter to be made, be liable to fuffer death, without benefit of clergy, and his Majefty fhall be graciously pleased to extend the royal mercy to any fuch offender, upon condition of being kept to hard labour, during any specified term, in any penitentiary house to be erected in pursuance of this act, or, fuch offenders being males, upon condition of being kept to hard labour, during any specified term, in the cuftody of fuch furperintenhouse, or on dant or fuperintendants as aforefaid, for the benefit of the faid the Thames, navigations; and fuch intention of mercy fhall be notified, in time specified writing, by one of his Majefty's principal fecretaries of state, to by the fecre- the court in which fuch offender fhall be convicted, or to any tary of itate. court held for the fame place with the like authority; or, if no fuch court fhall be fitting, then to any juftice of oyer and terminer, or gaol delivery, or juftice of great fetlions, by or before whom fuch offender fhall have been convicted or condemned; such court or justice may and fhall, immediately on receiving fuch notification, allow to every fuch offender the benefit of a conditional pardon, in the fame inanner as if there was a conditional pardon under the great feal; and may and shall order, that every fuch offender fhall be kept to hard labour in fuch penitentiary house as aforefaid, or in the cuftody of fuch fuperintendant or fuperintendants as aforefaid, for the time specified in the notification from fuch fecretary of state. &c. for the XXIX. And 1 offender fhall XXIX. And be it further enacted, That when any offender When any shall be ordered and adjudged to be kept to hard labour in any be ordered to of the manners aforefaid, the clerk of afsize, or other clerk of hard labour, the court in which fuch offender thall be convicted, thall give to the clerk of the sheriff or gaoler, having the cuftody of fuch offender, a cer.. aflize, &c. shall give a tificate in writing under his hand, containing an account of the certificate to christian name, surname and age, of such offender; of his or the sheriff or her offence, of the court before which he or she was convicted, gaoler, and of the term for which he or she thall be fo ordered to hard labour; and the fheriff or gaoler, having the cuftody of fuch offender, fhall, with all convenient fpeed, after the making of fuch order, and the receiving fuch certificate, convey fuch offender, or cause him or her to be conveyed, to such house or place to which fuch order thall direct him or her to be conveyed; and shall deliver fuch offender, or caufe him or her to be who fhall deliver fuch of. delivered, together with fuch certificate, to fuch governor or fuperintendant as aforefaid, or to fuch perfon or perfons as fuch certificate governor or fuperintendant fhall appoint; and fuch governor or the governor fuperintendant, or other perfon or perfons to whom fuch offen- or fuperintender fhall be fo delivered, fhall give a proper receipt in writing, dant, &c. who fhall give a under his or their hand or hands, to the theriff or gaoler fo delivering fuch offender, which fhall be his fufficient difcharge; fame. and fuch governor or fuperintendant fhall tranfmit fuch certificate to the clerk of the peace of the county or place wherein such penitentiary houfe, or other place of confinement, fhall be fituated, to be filed with the records of the feffions. tender and to receipt for the clerk of af Such fees, and the ex pences of con XXX. And be it further enacted, That the clerk of affize, or Fees to be other clerk of the court, fhall have the fame fee, gratuity, or fa- paid to the tisfaction, on granting fuch certificate, and the fheriff or gaoler fize, &c. and fhall have the fame fee on delivering out of his cuftody any fuch to the sheriff offender fo to be ordered to any fuch penitentiary houfe, or other or gaoler. place of hard labour, as hath ufually been paid, and would have been due to them refpectively, if such offender had been fentenced to transportation, except in the cafe of petty larceny, where- veying offenin they shall have only fuch fees as have ufually and of right ders to their been paid upon conviction for the faid offence, and judgement place of confinement, to to be whipped for the fame; and fuch fees, gratuities, and be paid by the fatisfaction, and alfo all expences to be incurred by any county treafheriff or gaoler in the conveyance of any fuch offender furer. whatever to the house or place to be appointed for his or her confinement, fuch expences being previously examined and allowed by the juftices of the peace at their quarter or other general feffion, fhall be paid by the treasurer of the county or place for which the court in which fuch offender fhall be convicted shall have been held, to such clerk of affize, or other clerk of the court, and to fuch fheriff or gaoler refpectively, and every fuch treasurer shall be allowed every fuch payment in his accounts. XXXI. And be it further enacted, That after delivery of Governor or any fuch offender as aforefaid into the cuftody to which he or fuperintenthe shall be ordered or adjudged, fuch governor or fuperintenVOL. XXXII, Ff dant to have the dant, fame power offenders in a sheriff or gaoler. dant, or other person having the cuftody of offenders under his his cuftody as direction, fhall, during the term for which fuch offender (hall be ordered to hard labour, have the fame powers over fuch offender as are incident to the office of a fheriff or gaoler; and in cafe of any abuse of such cuftody, or other misbehaviour or negligence in the discharge of his office, fhall be liable to the fame punishment as a gaoler is now liable to by law. All offenders in the peni. tentiary houses, who are able, are labour of the hardest and molt fervile kind; XXXII. And be it further enacted, That every fuch governor of each of fuch penitentiary houfes fhall, during the term prescribed for the imprisonment and hard labour of fuch offender, keep him or her, fo far as may be confiftent with his or her fex, age, health, and ability, to labour of the hardeft and to be kept to moft fervile kind, in which drudgery is chiefly required, and where the work is little liable to be spoiled by ignorance, neglect, or obftinacy, and where the materials or tools are not easily stolen or embezzled, such as treading in a wheel, or drawing in a capftern, for turning a mill or other machine or engine, fawing ftone, polishing marble, beating hemp, rafping logwood, chopping rags, making cordage, or any other hard and laborious fervice; and thofe of lefs health and ability, regard being alfo had to age and fex, in picking oakum, weaving facks, fpinning yarn, knitting nets, or any other lefs laborious employment: and if the work to be performed by any fuch offenders thall be of such a nature as may require previous inftruction, proper perfons fhall be provided to give the fame, by order of the faid committee, to whom a fuitable allowance shall be made. and thofe of lefs ability are to be employ ed in lefs la borious work. Offenders during the hours of reft, to be lodged in fmall rooms, feparate from each other; and during XXXIII. And be it further enacted, That fuch offenders as shall be sent to either of fuch penitentiary houfes fhall, during their hours of reft, be kept entirely feparate and apart from each other, and be lodged in feparate rooms or cells, not exceeding twelve feet in length, eight feet in breadth, and eleven feet in height, nor less than ten feet in length, seven feet in breadth, and nine feet in height, and without any window within fix feet of the refpective floors; which rooms or cells fhall be dried and moderately warmed, in damp or cold weather, by flues from the fires in the kitchens, and other publick fires belonging to each house; and the faid offenders fhall also, during their hours of labour, in case the nature of their several employments will permit, be in like manner kept feparate and from each other; and where the nature of the employapart from each other ment may require two perfons to work together, the room in which fuch two perfons fhall work fhall be of fuitable dimenfiployments will ons; and if the nature of the work wherein any fuch offenders allow. fhall be employed fhall require the labour of many perfons at one time, a common work-room, or shed shall be allotted to them for that purpose; but during the time the offenders are employed in such common work-room or shed, the governor of the faid house, or the task-master, or one or more of their fervants or affistants, fhall be conftantly present, to attend to the behaviour of such offenders; and fuch two or more persons shall the hours of labour alfo to be kept feparate as much as the nature of their em i not not be fuffered to continue together, except during the hours of work in dif XXXIV. And be it further enacted, That fuch offenders The hours of shall be employed in work, at the faid penitentiary houfes, every ferent parts day in the year, except Sundays, Christmas-day, and Good Friday, of the year. and also except fuch days when ill health will not allow of their working; and the hours of work in each day fhall be as many as the leason of the year, with an interval of half an hour for breakfast, and an hour for dinner, will permit, but not exceeding eight hours in the months of November, December, and fanuary, nine hours in the months of February and October, and ten hours in the reft of the year; and when fuch hours of work are paffed, the working tools, implements, and materials, or fuch of them as will admit of daily removal, shall be removed to places proper for their fafe cuftody, and there be kept till the hour of labour fhall return. bed and fenders fhall be fed clothed. XXXV. And be it further enacted, 'That every offender who How the ofshall be ordered to either of fuch penitentiary houfes fhall, during the time of his or her confinement therein, be fed and sustained with bread, and any coarse meat, or other inferior food, and water, or small beer; and also be clothed with a coarfe and uniform apparel, with certain obvious marks or badges affixed to the fame, as well to humiliate the wearers as to facilitate discovery in cafe of escapes; the whole to be ordered in such manner as the committee aforefaid fhall from time to time appoint for thofe purposes; and no fuch offender thall, during the time of his or her confinement, be permitted to have any other food, drink, or clothing, than fuch as fhall be fo appointed; and if Penalty on any person or perfons fhall wilfully fupply any fuch offender, at supplying any time during the term of his or her confinement, with any other food or food, drink, or clothing, other than fuch as fhall be fo appoint- clothinged, or with any money, he or the fo fupplying fuch offender fhall, for every fuch offence, forfeit a fum not exceeding ten pounds, nor less than forty fhillings. them with either of the money, pro. XXXVI. And be it further enacted, That no officer or fer- If any officer vant of either of fuch penitentiary houfes fhall fupply any of the or fervant in offenders therein with any money, clothing, provifions, or diet, penitentiary or with any spirituous or other liquors whatfoever, except fuch houfes (hall money, clothing, provifions, or diet, or fuch water and fmall fupply any of beer, as the governor of the house shall from time to time permit fender with or direct, and except fuch diet and liquors as the furgeon or vifions, &c. apothecary attending fuch houfe (hall think proper to order for contrary to any fuch offenders, in case of illness; and in case any such of- this act, he ficer or fervant fhall be found guilty of carrying to any fuch of- fhall be fulfender, or of knowingly permitting to be carried to any fuch of. pended by the fender any money, clothing, provifions, or diet, or liquors reported to the whatsoever, contrary to the intent of this act, fuch officer or fer- coinmittee; vant fhall immediately be fufpended by the faid governor; who shall report the fame to the committee at their next meeting; and fuch committee fhall enquire thereof upon oath, and fhall F f 24 punish governor, and |