such land shall have escheated in consequence of the attainder before the 1st of January, 1834.

The punishment of transportation is now chiefly regulated by 5 Geo. IV. c. 84.

By this act, sect. 2, every person convicted of any offence for which he is liable to be transported, shall be adjudged to be transported beyond the seas, and the judgment shall subject him to be conveyed beyond the seas; and in cases where the king extends mercy to any offender convicted of a capital crime upon condition of transportation, and this is signified by one of the principal secretaries of state to the Court where the offender was convicted, or any subsequent Court of like authority, or any judge of the Courts at Westminster, the Court or judge is to allow that benefit of a conditional pardon, and make an order for the transportation of the offender, which shall subject him to be conveyed beyond the seas accordingly.

By sect. 3, the king may appoint places beyond the seas for this purpose, either within or without his dominions, and orders may be given for removal to the ship, &c. and to empower contracts to be made for the transportation.

By sect. 4, sheriffs or gaolers receiving such order for removal shall deliver over the offender, (if free from infectious distemper,) to the contractor.

By sect. 5, the contractor must give security by bond to the king, for the effectual transportation.

By sect. 7, the offender may be transported in a ship of His Majesty's, without any contract or security being given.

By sect. 10, the king may appoint places of confinement in England and Wales, either on land or on vessels in the Thames, or other river, for confinement of male offenders under sentence of transportation, to be under the management of a superintendant; and any offender under sentence or order of transportation, or who, being under sentence of death, shall be reprieved or respited, may be. removed by direction of one of the principal secretaries of state, (if free from infectious distemper,) to any of the said places of con

finement, there to continue till transported, or entitled to his liberty, or sent back to prison.

By sect. 13, the king may by order in council declare that male offenders under sentence or order of transportation, shall be kept to labour in any part of his majesty's dominions out of England.

By sect. 17, convicts adjudged by Courts out of the United Kingdom to transportation, or pardoned there on condition of transportation, and brought to England for that purpose, may be imprisoned in England, in such places of confinement as aforesaid, until transported, or entitled to his liberty.

By sect. 18, all offenders under sentence or order of transportation, may by order of a visiting justice be kept to hard labour in the gaol, if his health permit, and by order of a secretary of state may be removed to a house of correction, and there kept to hard labour.

By sect. 19, the time spent in gaol, house of correction, or place of confinement, shall go in discharge of the term of transportation.

By sect. 26, a felon under sentence or order of transportation, who has received any remission of any part of his term from the governor of the colony, may, while he resides in a lawful place according to his sentence, maintain any action or suit here or abroad.

And see further provisions as to transportation, 11 Geo. IV. and 1 Will. IV. c. 39.

By 9 Geo. IV. c. 32, s. 3, where any offender hath been or shall be convicted of any felony not punishable with death, and hath endured, or shall endure, the punishment to which such offender hath been or shall be adjudged for the same, the punishment so endured shall have the like effects and consequences as a pardon under the great seal, as to the felony whereof the offender was so convicted. Provided always, that nothing herein contained, nor the enduring of such punishment, shall prevent or mitigate any punishment to which the offender might

otherwise be lawfully sentenced on a subsequent conviction for any other felony.

By 56 Geo. III. c. 63, persons under sentence or order of transportation may be removed to the Penitentiary at Millbank for certain periods of imprisonment, according to certain regulations in the act contained.

By the Annual Mutiny Acts provisions are made for empowering a court-martial to adjudge transportation in lieu of corporal punishment; and provide also for the case of an order by his majesty for transportation in lieu of capital punishment upon the sentence of a court-martial.

Besides the judgment of death or transportation, various other punishments may be adjudged by law-such as fine, imprisonment, pillory, whipping, hard labour, &c.

These last are in a great measure in the discretion of the Court, but that discretion must not be exercised arbitrarily or oppressively.—4 Bl. C. 378.

By 1 W. & M. sess. 2, c. 2, excessive fines are not to be imposed, nor cruel and unusual punishments inflicted.

By 56 Geo. III. c. 138, judgment of the pillory shall not be given except for taking a false oath, or for perjury, or subornation of perjury, or false affirmation, or subornation thereof; and in all cases where the punishment of the pillory has formerly formed the whole or a part of the judgment, the Court may pass such sentence of fine or imprisonment, or both, in lieu of pillory, as to the Court should seem most proper.

By 1 Geo. IV. c. 57, judgment or sentence shall in no case be given that any female convicted of any offence shall be whipped either publicly or privately. But in cases where whipping of female offenders has formed either part or the whole of the sentence, it shall be lawful for the Court, or justice of the peace, to pass sentence of confinement to hard labour in the common gaol or house of correction for any time not exceeding six months, nor less than one month, or of solitary confinement therein for any space not exceeding the space of seven days at any one time, in lieu of the sentence of being publicly or privately whipped.

1

By 3 Geo. IV. c. 114, the Court may sentence the offender to imprisonment, with hard labour, for any term not exceeding the term for which such Court may now imprison for such offences, either in addition to or in lieu of any other punishment which may be inflicted on any such of fender by any law in force before this act, in the following cases: any "attempt to commit felony," any "riot," "being an utterer of counterfeit money knowing the same to be counterfeit," "keeping a common gaming house," "keeping a common bawdy house," "keeping a common, ill-governed, and disorderly house," "wilful and corrupt perjury," or "subornation of perjury," "having entered any open or inclosed ground with intent there illegally to destroy, take, or kill game or rabbits, and having been there found at night armed with any offensive weapon."

By 11 Geo. IV. & 1 Will. IV. c. 39, s. 7, in cases where the king shall extend mercy to a capital offender, on condition of imprisonment, with or without hard labour, the Court or any judge of the Courts at Westminster, to whom the intention shall be signified, shall allow the offender the benefit of a conditional pardon, and make an order for the imprisonment accordingly.

When the judgment is pronounced it ought to be entered on record.-1 Chitty, Cr. Law, 720.

A defective judgment, omitting an essential part of the judgment required by law, is bad altogether.-4 Mod. 395; Russ. & Ry. 58.

So is an excessive judgment.-5 Barn. & Cres. 395.

In felonies or misdemeanors the Court may alter the judgment during the same term in which it was given, but not afterwards.-6 East, 328; 2 Hawk. c. 48, s. 20; 4 Mod. 395.

The justices at sessions may do so at any time during the sessions, because it is regarded as only one day, but they cannot do so at a subsequent period, unless an adjournment be entered on the roll.-2 Salk. 606; Chitty's Burn, tit. Judgment.

CHAPTER XXVIII.

OF REVERSAL OF JUDgment.

A JUDGMENT may sometimes be falsified or reversed without writ of error.

record.

This is where the error is dehors the

Thus if any judgment be given by persons who had no valid commission to proceed, it is void; and may be falsified by showing the special matter, without writ of error, and upon bare inspection.-3 Inst. 231; 4 Bl. C. 390.

So if a man purchases land of another and afterwards the vendor is either by outlawry or his own confession convicted and attainted of some treason or felony previous to the sale, whereby such land becomes liable to forfeiture-now upon any trial the purchaser is at liberty, without bringing any writ of error, to falsify not only the time of the felony or treason supposed, but the very point of the felony or treason itself. But the vendor himself cannot.-4 Bl. C. 391. A judgment may also be reversed by writ of error.Ibid.

This is where the error appears on the face of the record.—Ibid.

A writ of error lies from all inferior criminal jurisdictions to the Court of King's Bench, and from the King's Bench to the House of Peers.-4 Bl. C. 391; 2 Barn. & Adol. 971.

A writ of error lies for notorious mistakes in the judgment or other parts of the record.— Ibid.

But as to errors in mere form, see 7 Geo. IV. c. 64, s. 20, above cited, p. 320, 321.