Transportation

1.

In the law relative to carriers. The carriage of persons or movable property from one place to another. Driving cattle was held not to be within the true meaning of an act prohibiting transportation of such cattle.

United States v. Shelden, 2 Wheat. 119.

Transportation of property, in a statute relating to common carriers, includes towage. White u.

Steam Tug, 6 Cul. 462. 2.

In ciiminal law. The carrying a convict to another country as a measure of punishment. It differs from " banishment " or " exile," in suggesting the idea that the person is kept under confinement or restraint, or surveillance, at least, abroad; while the other terms mentioned merely import that he is expelled from the home country to go Transportation is the banishing or sending away a criminal into another country. It appears that exile was first introduced as a punishment by the legislature in the thirty-ninth year of Queen Elizabeth, when a statute (39 Eliz. ch. 4) enacted, that such rogues as were dangerous to the inferior people should be banished the realm.

Barr. Ant. Stat. 445 (6 Edw.).

And that the first statute in which the word transportation is used was the 13 & 14 Car. II. § 23, by which justices at sessions were authorized to transport such rogues, vagabonds, and sturdy beggars, as should be duly convicted and adjudged to be incorrigible, to any of the English plantations beyond the seas. Transportation was first brought into general use as a punishment in 1718, by Stat. 4 Geo. I. ch. 11; which allowed the court a discretionary power to order felons, who were by law entitled to tlieir clergy, to be transported to the American plantations.

— From the great difficulty of finding any situation after the independence of America, where the services of convicts could be rendered productive or profitable to merchants who would undertake to transport them, arose the idea of making an establishment for these outcasts of society on the eastern coast of New South Wales, more generally known by the name of Botany Bay, from a bay on the coast so named by Captain Cook, and where the first convicts were landed;

— to which remote region it was at length determined to transport atrocious offenders.

Accordingly, in the year 1787, an act passed, 27 Geo. III. ch. 2, autliorizing the establishment of a court of judicature for the trial of offenders who should be transported thither.

The Stat. 5 Geo. IV. ch.

84 (amended by the 11 Geo. IV. and 1 Wm. IV. ch. 39), was afterwards passed to consolidate the law upon the subject.

Tomlins.

Transportation is the banishing or sending away a person convicted of crime, — either pursuant to the express terms of a judicial sentence, or as a condition of pardon by the crown, to some place out of the United Kingdom, there to remain during the terra for which he is ordered to be transported. It has been held, therefore,, that a convict under such circumstances is not restored to his civil rights till after the expiration of the term for which he is ordered to be transported. (Bullock v. Dodds, 2 Barn. Sr Aid. 258.) And more recently, in the case of the Tipperary election petition, decided by the Irish court of common pleas, on the 26th of May, 1875, it was laid down emphatically that transportation is not merely exile, and that a person ordered to be transported does not complete his sentence by merely remaining out of the country, nor purge himself thereby of the disabilities created by his conviction. In order that he may do this, he must remain in the place to which he is sent, and there suffer his sentence, unless, of the expiration of his terra. Ilr. Rep, 9 C. L. 217.) Transportation is now superseded by penal servitude, under Stat. 16 & 17 Vict, ch.

99 (passed in 185.3), and Stat. 20 & 21 Vict. ch. 3 (passed in 1857). See also 27 & 28 Vict. ch. 47.

Mozky Sf W.