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active in the
apprehension

of certain of-
fenders.
(4 W. & M.
c. 8. s. 1.

10 & 11 W. 3.
c. 23. s. 1, 2.

5 Ann. c. 31.

s. 1.

14 G. 2. c. 6.

sation to those shall appear to any court of oyer and terminer, gaol delivery, superior eriwho have been minal court of a county palatine, or court of great sessions, to have been active in or towards the apprehension of any person charged with murder, or with feloniously and maliciously shooting at, or attempting to discharge any kind of loaded fire arms at any other person, or with stabbing, cutting, or poisoning, or with administering any thing to procure the miscarriage of any woman, or with rape, or with burglary or felonious house-breaking, or with robbery on the person, or with arson, or with horse-stealing, bullock-stealing, or sheep-stealing, or with being accessory before the fact to any of the offences aforesaid, or with receiving any stolen property knowing the same to have been stolen, every such court is hereby authorized and empowered, in any of the cases aforesaid, to order the sheriff of the county in which the offence 58 G. 3. c. 70. shall have been committed to pay to the person or persons, who shall appear s. 4 & 5. to the Court to have been active in or towards the apprehension of any person charged with any of the said offences, such sum or sums of money as to the Court shall seem reasonable and sufficient to compensate such person or persons for his, her, or their expenses, exertions, and loss of time in or towards such apprehension; and where any person shall appear to any court of sessions of the peace to have been active in or towards the apprehension of any party charged with receiving stolen property knowing the same to have been stolen, such court shall have power to order compensation to such person in the same manner as the other courts hereinbefore mentioned; provided always, that nothing herein contained shall prevent any of the said courts from also allowing to any such persons, if prosecutors or witnesses, such costs, expenses, and compensation, as courts are by this act empowered to allow to prosecutors and witnesses respectively.

Such orders to

be paid by the sheriff, who may obtain immediate repayment on application to the treasury.

(58 G. 3. c. 70.

s. 5.

3 G. 1. c. 15. s. 4.)

If any man is
killed in at-

tempting to
take certain
offenders, the
court may or-
der compensa-
tion to his fa-
mily.
(58 G. 3. c.70.
s. 3.)

Recognizances in certain

XXIX. And be it further enacted, that every order for payment to any person in respect of such apprehension as aforesaid, shall be forthwith made out and delivered by the proper officer of the court unto such person, upon being paid for the same the sum of five shillings and no more; and the sheriff of the county for the time being is hereby authorized and required, upon sight of such order, forthwith to pay to such person, or to any one duly authorized on his or her behalf, the money in such order mentioned; and every such sheriff may immediately apply for repayment of the same to the commissioners of his Majesty's treasury, who upon inspecting such order, together with the acquittance of the person entitled to receive the money thereon, shall forthwith order repayment to the sheriff of the money so by him paid, without any fee or reward whatsoever.

XXX. And be it further enacted, That if any man shall happen to be killed in endeavouring to apprehend any person who shall be charged with any of the offences hereinbefore last mentioned, it shall be lawful for the court before whom such person shall be tried to order the sheriff of the county to pay to the widow of the man so killed, in case he shall have been married, or to his child or children in case his wife shall be dead, or to his father or mother in case he shall have left neither wife nor child, such sum of money as to the court in its discretion shall seem meet; and the order for payment of such money shall be made out and delivered by the proper officer of the court unto the party entitled to receive the same, or unto some one on his or her behalf, to be named in such order by the direction of the court; and every such order shall be paid by and repaid to the sheriff in the manner hereinbefore mentioned. XXXI. And whereas the practice of indiscriminately estreating recognizances for the appearance of persons to prosecute or give evidence, or to answer for a common assault, or in the other cases hereinafter specified, has been found in many instances productive of hardship to persons who have entered into the same; be it therefore enacted, That in every case where any judge's order. person bound by recognizance for his or her appearance, or for whose appearance any other person shall be so bound to prosecute or give evidence in any case of felony or misdemeanor, or to answer for any common assault, or to articles of the peace, or to abide an order in bastardy, shall therein make default, the officer of the court by whom the estreats are made out shall and is hereby required to prepare a list in writing, specifying the name of every person so making default, and the nature of the offence in respect of which every such person, or his or her surety, was so bound, together with the residence, trade, profession, or calling of every such person and surety, and shall in such list distinguish the principals from the sureties, and shall state

cases not to be estreated without a

the cause, if known, why each such person has not appeared, and whether by reason of the non-appearance of such person the ends of justice have been defeated or delayed; and every such officer shall and is hereby required, before any such recognizance shall be estreated, to lay such list, if at a court of oyer and terminer or gaol delivery in any county besides Middlesex and London, or at a court of great sessions, or at one of the superior courts of the counties palatine, before one of the justices of those courts respectively; if at a court wherein a recorder or other corporate officer is the judge or one of the judges. before such recorder or other corporate officer; and if at a session of the peace, before the chairman or two other justices of the peace who shall have attended such court, who are respectively authorised and required to examine such list, and to make such order touching the estreating or putting in process of any such recognizance as shall appear to them respectively to be just; and it shall not be lawful for the officer of any court to estreat or put in process any such recognizance without the written order of the justice, recorder, corporate officer, chairman, or justices of the peace before whom respectively such list shall have been laid.

7 H. 5.

9 H. 5. c. 1.

18 H. 6. c. 12.

XXXII. And be it further enacted, That from and after the commencement Repeal of the of this act, so much of a statute made at Westminster in the third year of the acts. reign of king Edward the First, as provides what prisoners shall not be reple- 3 Ed. 1. c. 15. visable and what shall be so; and a statute made in the seventh year of the reign of king Henry the Fifth; and so much of a statute made in the ninth year of the same reign, as relates to indictments and appeals laid in a nonexisting place; and so much of a statute made in the eighteenth year of the reign of king Henry the Sixth, as perpetuates the said provision of the statute last referred to; and so much of a statute made in the twenty-third year of the same reign, as relates to sheriffs and other officers and ministers therein mentioned letting out of prison upon sureties any person in custody upon indictment; and an Act passed in the first year of the reign of King Richard the 1R. 3. c. 3. Third, intitutled "An act for bailing of persons suspected of felony; and so 3 H. 7. c. 3. much of an act passed in the third year of the reign of king Henry the Seventh, intituled An act that justices of the peace may take bail,' as relates to

23 H. 6. c. 9,

bail or mainprize; and an act passed in the twenty-fifth year of the reign of 25 H. 8. c. 3. king Henry the Eighth, intituled An act for standing mute, and peremptory

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challenge; and so much of an act passed in the thirty-second year of the same 32 H. 8. c.3. reign, intituled For the continuation of acts,' as perpetuates the said last

mentioned act; and an act passed in the second and third years of the reign of 2 & 3 Ed. 6. c. king Edward the Sixth, intituled An act for the trial of murders and felonies 42.

c. 13.
2 & 3 P. & M.

c. 10.

4 W. & M. c. 8.

10 & 11 W.3.

in several counties:' and an act passed in the fifth and sixth years of the same 5 & 6 Ed. 6. c. reign, intituled An act to take away the benefit of clergy from such as rob in 10. one shire and fly into another;' and an act passed in the first and second years 1 & 2 P. & M. of the reign of king Philip and queen Mary, intituled An act appointing an order to justices of peace for the bailment of prisoners;' and an act passed in the second and third years of the same reign, intituled 'An act to take examination of prisoners suspected of manslaughter or felony;' and an act passed in the fourth year of the reign of king William and queen Mary, intituled An act for encouraging the apprehending of highwaymen ;' and so much of an act passed in the tenth and eleventh years of the reign of king William, inti- c. 23. tuled An act for the better apprehending, prosecuting and punishing of felons that commit burglary, house-breaking or robbery in shops, warehouses, coachhouses, or stables, or that steal horses,' as relates to the certificate therein mentioned; and so much of an act passed in the first year of the reign of queen 1 Anne, st. 2. Anne, intituled An act for punishing of accessories to felonies and receivers c. 9. s. 1. of stolen goods; and to prevent the wilful burning and destroying of ships,' as relates to accessories; and an act passed in the sixth year of the same Vulgo, reign, intitled An act for the encouraging the discovery and apprehending of 5 Anne, c. 31. housebreakers,' except the special provision affecting the sheriffs and undersheriffs of London and Middlesex; and an act passed in the sixth year of the reign of king George the First, intituled An act for the further preventing robbery, burglary, and other felonies; and for the more effectual transportation of felons; and so much of an act passed in the twenty-fifth year of the 25 G. 2. c. 36. reign of king George the Second, intitulled An act for the better preventing s. 11. thefts and robberies: and for regulating places of public entertainment, and punishing persons keeping disorderly houses,' as relates to payments to pro

6 G. 1. c. 23.

secutors in cases of felony; and so much of an act passed in the twenty- 27 G. 2. c. 3.

8. 3.

s. 5.

seventh year of the same reign, intituled 'An act for the better securing to constables and others the expenses of conveying offenders to gaol, and for allowing the charges of poor persons bound to give evidence against felons,' as relates to the allowance of compensation to poor persons appearing on recog18 G. 3. c. 19. nizance to give evidence against any one accused of felony; and so much of s. 7, 8. an act passed in the eighteenth year of the reign of king George the Third, intituled An act for the payment of costs to parties on complaints determined before justices of the peace out of sessions; for the payment of the charges of constables in certain cases; and for the more effectual payment of charges to witnesses and prosecutors of any larceny or other felony, as relates to payments and allowances to prosecutors and other persons appearing on recognizance or subpoena to give evidence as to any felony, and to rules and regulations touching the costs and charges to be allowed to such prosecutors and 43 G. 3. c. 59. persons; aud so much of an act passed in the forty-third year of the same reign, intituled An act for remedying certain defects in the laws relative to the building and repairing of county bridges and other works maintained at the expense of the inhabitants of counties in England,' as relates to lay43 G. 3. c. 113. ing the property in the surveyor of county bridges in any indictment; and so much of an act passed in the same year, for providing, among other things, for the more convenient trial of accessories in felonies, as relates to the trial of accessories, except the special provisions therein contained as to accessories before the fact in murder; and an act passed in the fifty-sixth 56 G. 3. c. 73. year of the same reign, intituled An act for removing difficulties in the conviction of offenders stealing property from mines; and an act passed in the fifty-eighth year of the same reign, intitutled An act for repealing such 58 G. 3. c. 70. parts of several acts as allow pecuniary and other rewards upon the conviction of persons for highway robbery and other crimes and offences; and for facilitating the means of prosecuting persons accused of felony and other offences,' except so much thereof as relates to disorderly houses; and an act passed in the fifty-ninth year of the same reign, intituled An act to facilitate the trial 59 G.3. c. 27. of felonies committed on board vessels employed on canals, navigable rivers, and inland navigations;' and another act passed in the same year, intituled 'An act to facilitate the trials of felonies committed on stage-coaches and stage-waggons and other such carriages, and of felonies committed on the boundaries of counties;' and an act passed in the first year of his present Ma1 G. 4. c. 102. jesty's reign, for making general the provisions of the said recited act of the fifty-sixth year of the reign of king George the Third; and so much of an act passed in the third year of the present reign, intituled An act for the further and more adequate punishment of persons convicted of manslaughter, and of servants convicted of robbing their masters, and of accessories before the fact to grand larceny and certain other felonies,' as provides that accessories before the fact may be indicted for a misdemeanor; and so much of another act 3 G. 4. c. 126. passed in the same year, intituled An act to amend the general laws now in being for regulating turnpike roads in that part of Great Britain called England, as relates to stating in any indictment any things to be the property of the clerk to the trustees or commissioners, as therein mentioned; and an act passed in the sixth year of the present reign, intituled An act to amend two acts for removing difficulties in the conviction of offenders stealing property in mines and from corporate bodies,' shall be and the same are hereby repealed, except so far as any of the said acts relate to Scotland or Ireland, or repeal the whole or any part of any other acts, and except as to offences committed before the passing of this act, which shall be dealt with and punished as if this act had not been passed.

59 G. 3. c. 96.

3 G. 4. c. 38.

s. 60.

6 G. 4. c. 56.

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ΑΝΝΟ ΝΟΝΟ

GEORGII IV. REGIS.

CAP. XXXI.

An Act for consolidating and amending the Statutes in England rela-
tive to Offences against the Person,
[27th June, 1828.]

and 13.

4 Ed. 1. st. 3.

c. 5.

6 Ed. 1. c. 9. 13 Ed. 1. st. 1.

c. 29 and 34. 9 Ed. 2 st. 1. c. 3.

18 Ed. 3. st. 3.

c. 2.

WHEREAS it is expedient to repeal various statutes now in force in that part of the United Kingdom called England, relative to offences against the person, in order that the provisions contained in those statutes may be amended and consolidated into this act; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present parliament assembled, and by the authority of the same, That so much of the great charter made in the Repeal of ninth year of the reign of King Henry the Third, as relates to inquisitions of 9 H. 3. c. 26. life or member; and so much of a statute made in the fifty-second year of 52 H. 3. c. 25. the same reign, as relates to murder; and so much of a statute made in the 3 Ed. 1. c. 11 third year of the reign of King Edward the First, as relates to inquests of murder, and the writ of Odio et alia, and to any person ravishing or taking away by force any female as therein mentioned; and so much of a statute made in the fourth year of the same reign, intituled "The statute of bigamy," as relates to bigamists; and so much of a statute made in the sixth year of the same reign, as relates to any person killing another by misfortune or in his own defence, or in other manner without felony; and so much of a statute made at Westminster in the thirteenth year of the same reign, as relates to the writ of Odio et atiâ and to rape ; and so much of a statute made in the ninth year of the reign of King Edward the Second, commonly called Articuli Cleri, as relates to laying violent hands on a clerk; and so much of a statute made in the eighteenth year of the reign of king Edward the Third, as relates to bigamists; and so much of a statute made in the twenty-fifth year of the same reign, as relates to petit treason; and so much of a statute made in the fiftieth year of the same reign, as relates to the arrests of persons of holy church; and so much of a statute made in the first year of the reign of king Richard the Second, as relates to the like arrests; and so much of a statute made in the sixth year of the same reign, as relates to ravishers, and to women ravished; and so much of a statute made in the fifth year of the reign of king Henry the Fourth, as relates to cutting the tongues or putting out the eyes of any the king's liege people, and to any assault upon the servant of a knight of the shire in parliament; and so much of a statute made in the second year of the reign of king Henry the Fifth, as 3 H. 7. c. 2. relates to persons fleeing for murders, manslaughters, robberies, and batteries; and so much of a statute made in the eleventh year of the reign of king 3 H. 7. c. 14. Henry the Sixth, as relates to any assault or affray made to any lord, knight of the shire, citizen, or burgess being and attending at the parliament or other council of the king; and an act passed in the third year of the reign

25 Ed. 3. st. 5. Part of c. 2. 50 Ed. 3. c. 5. 1Rich. 2 c. 15.

6 Rich. 2. st. 1. c. 6.

5 H. 4. c. 5. 5 H. 4. c. 6.

2 H. 5. st. 1.

c. 9.

11 H. 6. c. 11.

of king Henry the Seventh, intituled An act against taking away of women 12 H. 7. c. 7. against their wills;' and an act passed in the same year, intituled An act that 24 H. 8. c. 5.

25 H. 8. c. 6.

Part of s. 6.

to s. 18.

4. s. 3.

4 & 5 P. & M.

c. 4.

4 & 5 P. & M.

c. 8.

5 Eliz. c. 4. s. 21.

5 Eliz. c. 17.

18 Eliz. c. 7

6

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the steward, treasurer, and controller of the king's house, shall enquire of offences done within the same;' and an act passed in the twelfth year of the same reign, intituled An act to make some offences petty treason;' and an act passed in the twenty-fourth year of the reign of Henry the Eighth, intituled An act where a man killing a thief shall not forfeit his goods;' and an 33 H. 8. c. 12. act passed in the twenty-fifth year of the same reign, intituled An act for the punishment of the vice of buggery; and so much of an act passed in the thirty-third year of the same reign, intituled An act for murther and 38 H. 8. c. 23. malicious bloodshed within the court,' as relates to the punishment of manslaughter and of malicious striking, by reason whereof blood shall be shed; and an act passed in the same year, intituled 'An act to proceed by a commission of oyer and determiner against such persons as shall confess treasons, without remanding the same to be tried in the same shire where the offence was committed; and so much of an act passed in the first year of the reign 1 Ed. 6. c. 12. of King Edward the Sixth, intituled An act for the repeal of certain statutes s. 10. 13. 16. concerning treasons, felonies, etc.,' as relates to petty treason and murder, and 22. and to bigamists, but nothing therein now in force relating to foreign pleas or dower; and so much of an act passed in the fifth and sixth years of the same 5 & 6 Ed. 6. c. reign, intituled An act against quarrelling and fighting in churches and churchyards,' as relates to the punishment of persons convicted of striking with any weapon, or drawing any weapon with intent to strike as therein men tioned; and an act passed in the fourth and fifth years of the reign of King Philip and Queen Mary, intituled An act that accessories in murder and divers felonies shall not have the benefit of clergy; and an act passed in the same years, intituled An act for the punishment of such as shall take away maidens that be inheritors, being within the age of sixteen years, or that marry them without consent of their parents;' and so much of an act passed in the fifth year of the reign of Queen Elizabeth, intituled 'An act touching divers orders for artificers, labourers, servants of husbandry, and apprentices, as relates to the punishment of any servant, workman, or labourer making any assault or affray as therein mentioned; and an act passed in the same year, intituled An act for the punishment of the vice of sodomy;' and an act passed in the eighteenth year of the same reign, intituled An act to take away clergy from the offenders in rape and burglary, and an order for the delivery of clerks convict without purgation;" and an act passed in the thirty-ninth year of the same reign, intituled "An act for taking away of clergy from offenders against a certain statute made in the third year of the reign of King Henry the Seventh, concerning the taking away of women against their wills unlawfully;" and an act passed in the first year of the reign of King James the First, intituled "An act to take away the benefit of clergy from some kind of manslaughter;" and an act passed in the same year, intituled "An act to restrain all persons from marriage until their former wives and former husbands be dead;" and an act 22 & 23 C. 2. passed in the twenty-second and twenty-third years of the reign of King Charles the second, intituled "An act to prevent malicious maiming and wounding;" and so much of an act passed in the same years, intituled "An act to prevent the delivery up of merchant ships, and for the increase of good and serviceable shipping," as relates to any mariner laying violent hands on his commander, Vulgo 11 & 12 as therein mentioned; and so much of an act passed in the eleventh year of the reign of King William the Third, intituled "An act for the more effectual suppression of piracy," as relates to any master of a merchant vessel, who shall force any man on shore, or wilfully leave him behind, or refuse to bring home any man as therein mentioned; and so much of an act passed in the ninth year of the reign of Queen Anne, intituled "An act for the better preventing of excessive and deceitful gaming," as relates to the forfeiture and punishment of any person assaulting and beating or challenging or provoking to fight any other person on account of any money won as therein mentioned; and an act passed in the same year, intituled "An act to make an attempt on the life of a privy counsellor in the execution of his office to be felony without benefit of 12 G. 1. c. 34. clergy;" and so much of an act passed in the twelfth year of the reign of King George the First, intituled "An act to prevent unlawful combinations of workmen employed in the woollen manufactures, and for better payment of their wages," as creates any felony; and an act passed in the second year of the reign of King George the Second, intituled "An act for the trial of murders in cases where either the stroke or death only happens within that part of Great Britain called England; and so much of an act passed in the eleventh

39 Eliz. c. 9.

Vulgo 2 J. 1.
c. 8.
Vulgo 2 J. 1.
c. ll.

c. 1.

22 & 23 C. 2. c. 11. s. 9.

W.3. c.7.s.18.

9 Ann. c. 14. s. 8.

9 Ann. c. 16.

8. 6.

2 G. 2. c. 21.

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