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7 & 8 GEO. IV. c. 29.

An Act for consolidating and amending the Laws in England relativo to Larceny and other Ofences connected therewith.

[21st June 1827.]

WHEREAS various statutes now in force in that part of the United Kingdoin called England, relative to larceny and other offences of stealing, and to burglary, robbery, and threats for the purpose of robbery or of extortion, and to embezzlement, false pretences, and the receipt of stolen property, are by an act of the present session of parliament repealed from and after the last day of June in the present year, except as to offences committed before or upon that day ; and it is expedient that the provisions contained in those various statutes should be amended and consolidated into this act, to take effect at the same time as the said repealing 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 this act shall commence on the first day Commenceof July in the present year.

ment of act. II. And be it enacted, That the distinction between grand larceny and petty Distinction larceny shall be abolished, and every larceny, whatever be the value of the between grand property stolen, shall be deemed to be of the same nature, and shall be sub- and petty larject to the same incidents in all respects as grand larceny was before the com- ceny abolishmencement of this act; and every Court, whose power as to the trial of lar- ed. ceny was before the commencement of this act limited to petty larceny, shall have power to try every case of larceny the punishment of which cannot exceed the punishment hereinafter mentioned for simple larceny, and also to try all accessories to such larceny. III. And be it enacted, That every person convicted of simple larceny, or of

Punishments any felony hereby made punishable like simple larceny, shall (except in the for simple cases hereinafter otherwise provided for) be liable, at the discretion of the larceny! Court, to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years, and, if a male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit), in addition to such imprisonment.

IV. And, with regard to the place and mode of imprisonment for all in- The court dictable offences punishable under this act, be it enacted, That where any may, for all person shall be convicted of any felong or misdemeanor punishable under this offences withact, for which imprisonment may be awarded, it shall be lawful for the Court in this act, orto sentence the offender to be imprisoned, or to be imprisoned and kept to der hard la: hard labour, in the common gaol or house of correction, and also to direct bour or solithat the offender shall be kept in solitary confinement for the whole or any

tary confincportion or portions of such imprisonment, or of such imprisonment with hard labour, as to the Court in its discretion shall seem meet.

V. And be it enacted, That if any person shall steal any tally, order, or Stealing pulother security whatsoever, entitling or evidencing the title of any person or lic or private body corporate to any share or interest in any public stock or fund, whether securities for of this kingdom, or of Great Britain or of Ireland, or of any foreign state, money, or or in any fund of any body corporate, company, or society, or to any de- warrants for posit in any savings bank, or shall steal any debenture, deed, bond, bill, şoods, shall

be felony; and note, warrant, order, or other security whatsoever for money or for payment of money, whether of this kingdom or of any foreign state, or shall steal any cording to the

punishable acwarrant or order for the delivery or transfer of any goods or valuable thing; circumstances every such offender shall be deemed guilty of felony, of the same nature and like stealing in the same degree and punishable in the same manner as if he had stolen any goods. chattel of like value with the share, interest, or deposit to which the security so stolen may relate, or with the money due on the security so stolen or se

ment.

cured thereby and remaining unsatisfied, or with the value of the goods or Rule of intere other valuable thing mentioned in the warrant or order ; and each of the sepretation. veral documents hereinbefore enumerated shall throughout this act be

deemed for every purpose to be included under and denoted by the words

“ valuable security.". Robbery from VI. And be it enacted, That if any person shall rob any other person of any the person.

chattel, money, or valuable security, every such offender, being convicted Stealing from thereof, shall suffer death as a felon; and if any person shall steal any such the person.

property from the person of another, or shall assault any other person with Assaults with

intent to rob him, or shall with menaces or by force demand any such prointent to come perty of any other person with intent to steal the same, every such offender mit robbery, shall be guilty of felony, and, being convicted thereof, shall be liable, at the and demands discretion of the court, to be transported beyond the seas for life, or for any accompanied term not less than seven years, or to be imprisoned for any term not exceedwith menaces ing four years, and, if a male, to be once, twice, or thrice publicly or prior force.

vately whipped (if the court shall so think fit), in addition to such impri

sonment. Obtaining mo- VII. And be it declared and enacted, That if any person shall accuse or ney, &c. by

threaten to accuse any other person of any infamous crime, as hereinafter threatening to defined, with a view or intent to extort or gain froin him, and shall by intiaccuse a party midating him by such accusation or threat extort or gain from him, any chatof an infa

tel, money, or valuable security, every such offender shall be deemed guilty mous crime.

of robbery, and shall be indicted and punished accordingly. Sending let- VIII. And be it enacted, That if any person shall knowingly send or deters contain- liver any letter or writing, demanding of any person, with menaces, and ing menacing without any reasonable or probable cause, any chattel, money, or valuable demands, or security; or if any person shall accuse or threaten to accuse, or sball knowthreatening to ingly send or deliver any letter or writing accusing or threatening to accuse, accuse a par- any person of any crime puoishable by law with death, transportation, or pilty of an in

lory, or of any assault with intent to commit any rape, or of any attempt or famous crime, endeavour to commit any rape, or of any infamous crime, as hereinafter deto extort mo- fined, with a view or intent to extort or gain from such person any chattel,

money, or valuable security; every such offender shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term pot exceeding four years, and, if a male, to be once, twice or thrice publicly or privately whipped (if the court

shall so think fit), in addition to such imprisonment. What shall be IX. And, for defining what shall be an infamous crime within the meaning deemed an in- of this act, be it enacted, That the abominable crime of buggery, committed famous crime. either with mankind or with beast, and every assault with intent to commit

the said abominable criine, and every attempt or endeavour to commit the said abominable crime, and every solicitation, persuasion, promise, or threat offered or made to any person, whereby to move or induce such person to commit or permit the said abominable crime, shall be deemed to be an infamous

crime within the meaning of this act. Sacrilege,

X. And be enacted, That if any person shall break and enter any church when capital or chapel, and steal therein any chattel, or having stolen any chattel in any

church or chapel, shall break out of the same, every such offender, being

convicted thereof, shall sufler death as a felon. Burglary ca- XI. And be it enacted, That every person convicted of burglary shall suffer pital. death as a felon: and it is hereby declared, that if any person shall enter the

dwelling house of another with intent to commit felony, or being in such dwelling-house shall commit any felony, and shall in either case break out of the said dwelling-house, in the night-time, such person shall be deemed guilty

of burglary. House-break- XII. And be it enacted, that if any person shall break and enter any dwelling and steal- ing house, and steal therein any chattel, money, or valuable security to any ing in a house, value whatever; or shall steal any such property to any value whatever in any when capital. dwelling house, any person therein being put in fear; or shall steal in any

dwelling house any chaltel, money, or valuable security to the value in the whole of five pounds or more ; every such offender, being convicted thereof,

shall suffer death as a fclon. What build- XIII. Provided always, and be it enacted, that no building, although ings only are within the same curtilage with the dwelling-house, and occupied therewith,

ney, &c.

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shall be deemed to be part of such dwelling-house for the purpose of bur- part of a house
glary, or for any of the purposes aforesaid, unless there shall be a com- for capital pur-
inunication between such building and dwelling house, either immediate, or poses.
by means of a covered and inclosed passage leading from the one to the other.

XIV. And be it enacted, That if any person shall break and enter any build- Robbery in
ing, and steal therein any chattel, money, or valuable security, such building any buildings
being within the curtilage of a dwelling house, and occupied therewith, but within the
not being part thereof according to the provision herein-before mentioned, șame curti-
every such offender being convicted thereof, either upon an indictment for the age as the
same offence, or upon an indictment for burglary, housebreaking, or stealing house, but not
to the value of five pounds in a dwelling house, containing a separate count privileged as
for such offence, shall be liable, at the discretion of the court, to be trans-

house.
ported beyond the seas for life, or for any term not less than seven years, or to
be imprisoned for any term not exceeding four years, and, if a male, to be once
twice, or thrice publicly or privately whipped (if the court shall so think fit),
in addition to such imprisonment.

XV. And be it enacted, That if any person shall break and enter any shop, Robbery in a
warehouse, or counting-house, and steal therein any chattel, money, or va shop, ware-
luable security, every such offender, being convicted thercof, shall be liable to house, &c.
any of the punishments which the court may award as hereinbefore last men-
tioned.

XVI. And be it enacted, That if any person shall steal, to the value of ten shillings, any goods or article of silk, woollen, linen, or cotton, or of any one or tain goods in

Stealing cermore of those materials mixed with each other, or mixed with any other ma

process of material, whilst laid, placed, or exposed, during any stage, process, or progress of nufacture. manufacture, in any building, field, or other place, every such offender being convicted thereof, shall be liable to any of the punishments which the Court may award as hereinbefore last mentioned.

XVII. And be it enacted, That if any person shall steal any goods or mer. Stealing goods chandize in any vessel, barge, or boat of any description whatsoever, in any from a vessel port of entry or discharge, or upon any navigable river or canal, or in any in a port, creek belonging to or communicating with any such port, river, or canal, or river, or canal, shall steal any goods or merchandize from any dock, wharf, or quay adjacent &c. to any such port, river, canal, or creek, every such offender, being convicted thereof, shall be liable to any of the punishments which the Court may award as hereinbefore last mentioned.

XVIII. And be it enacted, That if any person shall plunder or steal any part Plundering
of any ship or vessel which shall be in distress, or wrecked, stranded, or cast on any part of the
shore, or any goods, merchandize, or articles of any kind belonging to such tackle or cargo
ship or vessel, every such offender, being convicted thereof, shall suffer death of a ship-
as a felon: provided always, that when articles of small value shall be stranded wrecked ves-

sel.
or cast on shore, and shall be stolen without circumstances of cruelty, out-
rage, or violence, it shall be lawful to prosecute and punish the offender Proviso,
for simple larceny; and in either case the offender may be indicted and tried
either in the county in which the offence shall have been committed, or in any
connty next adjoining.

XIX. And be it enacted, That if any goods, merchandize, or articles of any persons in pos-
kind, belonging to any ship or vessel in distress, or wrecked, stranded, or cast session of
on shore as aforesaid, shall, by virtue of a search warrant, to be granted as shipwrecked
hereinafter mentioned, be found in the possession of any person, or on the goods, not
premises of any person with his knowledge, and such person, being carried be giving a satis-
fore a justice of the peace, shall not satisfy the justice that he came lawfully factory ac-
by the same, then the same shall, by order of the justice, be forth with delivered count.
over to or for the use of the rightful owner thereof; and the offender, on con-

See post. s. 63. viction of such offence before the justice, shall forfeit and pay, over and above the value of the goods, merchandize, or articles, such sum of money, not ex- See post. s. 66 ceeding twenty pounds, as to the justice shall seem meet.

& 67. xx. And be it enacted, That if any person shall offer or expose for sale any If any person goods, merchandize, or articles whatsoever, which shall have been unlawfully offers shiptaken, or reasonably suspected so to have been, from any ship or vessel in dis- wrecked goods tress, or wrecked, stranded, or cast on shore as aforesaid, in every such case for sale, the any persou to whom the same shall be offered for sale, or any officer of the goods may be . customs or excise, or peace officer, may lawfully seize the same, and shall seized, &c. with all convenient speed carry the same, or give notice of such seizure, to

as

some justice of the peace ; and if the person who shall have offered or exposed the same for sale, being duly summoned by such justice, shall not appear and satisfy the justice that he came lawfully by such goods, merchandize, or articles, then the same shall, by order of the justice, be forthwith delivered over to or for the use of the rightful owner thereof, upon payment of a reasonable reward (to be ascertained by the justice) to the person who seized the same:

and the offender, on conviction of such offence by the justice, shall forfeit See post. s. 66 and pay, over and above the value of the goods, merchandize, or articles, & 67.

such sum of money, not exceeding twenty pounds, as to the justice shall

seem meet. The stealing, XXI. And be it enacted, That if any person shall steal, or shall for any frau&c. of records dulent purpose take from its place of deposit for the time being, or from any and other pro- person having the lawful custody thereof, or shall unlawfully and maliciously ceedings of courts of jus

obliterate, injure, or destroy, any record, writ, return, panel, process, inter

rogatory, deposition, affidavit, rule, order, or warrant of attorney, or any oritice,

ginal document whatsoever of or belonging to any court of record, or relating to any matter civil or criminal, begun, depending, or terminated in any such court, or any bill, answer, interrogatory, deposition, affidavit, order, or de cree, or any original document whatsoever of or belonging to any court of equity, or relating to any cause or matter begun, depending, or terminated in any such Court, every such offender shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for the term of seven years, or to suffer such other punishment by fine or imprisonment, or by both, as the Court shall award; and it shall not in any indictment for such offence be necessary to allege that the article, in respect of which the offence is committed, is the property of any

person, or that the same is of any value. The stealing, XXII. And be it enacted, That if any person shall, either during the life of &c. of wills.

the testator or testatrix, or after his or her death, steal, or for any fraudulent purpose destroy or conceal, any will, codicil, or other testamentary instru. ment, whether the same shall relate to real or personal estate, or to both, every such offender shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable to any of the punishments which the Court may award, as hereinbefore last mentioned ; and it shall not in any indictment for such offence be necessary to allege that such will, codicil, or other instrument, is

the property of any person, or that the same is of any value. The stealing of XXII. And be it enacted, That if any person shall steal any paper or parchwritings relat- ment, written or printed, or partly written and partly printed, being evidence ing to real es- of the title or of any part of the title to any real estate, every such offender

shall be deemed guilty of a misdemeanor, and, being convicted thereof, shall be liable to any of the punishments which the Court may award, as hereinbefore last mentioned ; and in any indictment for such offence, it shall be sufficient to allege the thing stolen to be evidence of the title, or of part of the title, of the person or of some one of the persons having a present interest, whether legal or equitable, in the real estate to which the same relates, and to mention such real estate, or some part thereof; and it shall not be necessary

to allege the thing stolen to be of These provi- XXIV. Provided always, and be it enacted, That nothing in this act consions as to tained relating to either of the misdemeanors aforesaid, nor any proceeding, wills and writ- conviction, or judgment to be had or taken thereupon, shall prevent, lessen, ings shall not

or impeach any remedy at law or in equity which any party aggrieved by any lessen any

such offence might or would have had if this act had not been passed; but remedy which the party ag

nevertheless the conviction of any such offender shall not be received in evigrieved now

dence in any action at law or suit in equity against him; and no person shall has.

be liable to be convicted of either of the misdemeanors aforesaid, by any evidence whatever, in respect of any act done by him, if he shall at any time previously to his being indicted for such offence have disclosed such act, on oath, in coosequence of any compulsory process of any court of law or equity in any action, suit, or proceeding which shall have been bona fide instituted by any party aggrieved, or if he shall have disclosed the same in any examin

ation or deposition before any commissioners of bankrupt. Stealing XXV. And be it enacted, 'That if any person shall steal any horse, mare, horses, cows, gelding, colt or filly, or any bull, cow, ox, heifer or calf, or any ram, ewe, and sheep. sheep or lamb, or shall willülly kill any of such cattle, with intent to steal the

tate.

any value.

carcase or skin or any part of the cattle so killed, every such offender shall
be gnilty of felony, and, being convicted thereof, shall suffer death as a
felon.

XXVI. And be it enacted, that if any person shall unlawfully and wilfully Stealing, &c.
course, hunt, snare, or carry away, or kill or wound, or attempt to kill or deer in any in-
wound, any deer kept or being in the inclosed part of any forest, chace, or closed ground,
purlieu, or in any inclosed land wherein deer shall be usually kept, every such felony.
offender shall be guilty of felony, and being convicted thereof, shall be liable
to be punished in the same manner as in the case of simple larceny; and if The like in
any person shall unlawfully and wilfully course, hunt, snare, or carry away, certain unin-
or kill or wound, or attempt to kill or wound, any deer kept or being in the closed ground
uninclosed part of any forest, chace, or purlieu, he shall for every such of- punishable
fence, on conviction thereof before a justice of the peace, forfeit and pay such summarily.
sum, not exceeding fifty pounds, as to the justice shall seem meet ; and if any See post. s. 66
person, who shall have been previously convicted of any offence relating to & 67.
deer for which a pecuniary penalty is by this act imposed, shall offend a second Deer-stealing
time, by committing any of the offences hereinbefore last enumerated, such in uninclosed
second offence, whether it be of the same description as the first offence or ground after
not, shall be deemed felony, and such offender, being convicted thereof, any other of-
shall be liable to be punished in the same manner as in the case of simple fence as to
larceny.

deer, felony. XXVII. And be it enacted, That if any deer, or the head, skin, or other Suspected perpart thereof, or any snare or engine for the taking of deer, shall by virtue of sons, found in a search warrant, to be granted as hereinafter mentioned, be found in the pos. possession of session of any person or on the premises of any person with his knowledge, venison, &c. and such person, being carried before a justice of the peace, shall not satisfy and not satisthe justice that he came lawfully by such deer, or the head, skin, or other factorily acpart thereof, or had a lawful occasion for such snare or engine, and did not counting for keep the same for any unlawful purpose, he shall, on conviction by the justice, See post. s. 63. forfeit and pay any sum not exceeding twenty pounds; and if any

such

person shall not under the provisions aforesaid be liable to conviction, then, for the See post. s. 66 discovery of the party who actually killed or stole such deer, it shall be lawful & 67. for the justice, at his discretion, as the evidence given and the circumstances In case they of the case shall require, to summon before him every person through whose cannot be conhands such deer, or the head, skin, or other part thereof, shall appear to have victed, how passed; and if the person from whom the same shall have been first received, the justice or who shall have had possession thereof, shall not satisfy the justice that he may proceed. came lawfully by the same, he shall, on conviction by the justice, be liable to the payment of such sum of money as is hereinbefore last mentioned.

XXVIII. And be it enacted, that if any person shall unlawfully and wilfully Setting ensct or use any snare or engine whatsoever, for the purpose of taking or killing gines for takdeer, in any part of any forest, chace, or purlieu, whether such part be in- ing deer, or closed or not, or in any fence or bank dividing the same from any land adjoin- pulling down ing, or in any inclosed land where deer shall be usually kept, or shall unlaw- park fences. fully and wilfully destroy any part of the fence of any land where any deer shall be then kept, every such offender, being convicted thereof before a justice of the peace, shall forfeit and pay such sum of money, not exceeding See post. s. 66

& 67. twenty pounds, as to the justice shall seem meet.

XXIX. And be it enacted, that if any person shall enter into any forest, Deer-keepers, chace, or purlieu, whether inclosed or not, or into any inclosed land where &c. may seize deer shall be usually kept, with intent unlawfully to hunt, course, wound, the guns, &c. kill, snare, or carry away any deer, it shall be lawful for every person en- of offenders trusted with the care of such deer, and for any of his assistants, whether in his who, on depresence or not, to demand from every such offender any gun, fire-arms, mand, do not

deliver up

the snare, or engine in his possession, and any dog there brought for hunting, coursing, or killing deer, and in case such öffender shall not immediately deliver up the same, to seize and take the same from him in any of those respective places, or, upon pursuit made, in any other place to which he may have escaped therefrom, for the use of the owner of the deer ; and if any such of Resistance to fender shall unlawfully beat or wound any person entrusted with the care of keepers, &c. the deer, or any of his assistants, in the execution of any of the powers given in the execuby this act, every such offender shall be guilty of felony, and, being convicted tion of their thereof, shall be liable to be punished in the same manner as in the case of duty. simple larceny.

Killing, &c. XXX. And be it enacted, that if any person shall unlawfully and wilfully in harcs or co

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