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of malicious shooting, and attempting to discharge loaded Fire
Arms, stabbing, cutting, wounding, poisoning, and the malicious using
of Means to procure the Miscarriage of Women ; and also the ma-
licious setting Fire to Buildings; and also for repealing a certain
Act made in England in the Twenty first Year of the late King
James the First, intituled · An Act to prevent the destroying and
' murdering of Bastard Children ;' and also an Act made in Ire-
land in the Sixth Year of the Reign of the late Queen Anne, also
intituled · An Act to prevent the destroying and murdering of
Bastard Children ;' and for making other Provisions in lieu
thereof, as relates to the setting Fire to any of the Buildings

therein enumerated; and the whole of an Act passed in the same 43 G.3. c.113. Forty third Year, intituled An Act for the more effectually providing except § 6.

for the Punishment of Offences in wilfully casting away, burning, or destroying Ships or Vessels ; and for the more convenient Trial of Accessories in Felonies ; and for extending the Powers of an Act made in the Thirty third Year of the Reign of King Henry the Eighth, as far as relates to Murders, to Accessories to Murders, and to Manslaughters, except so much thereof as specially relates to Accessories before the Fact in Murder, and to Manslaughter;

and so much of an Act passed in the Forty fourth Year of King 44 G.3. c.92. George the Third, intituled An Act to render more easy

the

appre$ 7 & 8.

hending and bringing to Trial Offenders escaping from one part of the United Kingdom to the other, and also from one County to another, as relates to the Prosecution and Punishment of Persons for Theft or Larceny, and for receiving or having any Stolen Property, as therein mentioned; and an Act passedin the Forty fifth Year of the same Reign, intituled An Act to prevent in Great Britain the illegally carrying away Bark; and for amending Two Acts passed in the Sixth and Ninth Years of His present Majesty's Reign, for the Preservation of Timber Trees, Underwoods, Roots, Shrubs,

Plants, Hollies, Thorns, and Quicksets; and an Act passed in the 48 G.S. c.129. Forty eighth Year of the same Reign, intituled An Act to repeal

so much of an Act passed in the Eighth Year of the Reign of Queen Elizabeth, intituled An Act to take away the Benefit of Clergy

from certain Offenders for Felony,' as takes away the Benefit of Clergy from Persons stealing privily from the Person of another; and for more effectually preventing the Crime of Larceny from the

Person ; and an Act passed in the same Forty eighth Year, in48 G.3. c. 144. tituled An Act for the more effectual Protection of Oyster Fisheries

and the Brood of Oysters in England; and an Act passed in the 51 G.3. c. 41. Fifty first Year of the same Reign, intituled An Act to repeal

so much of an Act passed in the Eighteenth Year of the Reign of
King George the Second, intituled An Act for the more effectually
' preventing the stealing of Linen, Fustian, and Cotton Goods and

Wares, in Buildings, Fields, Grounds, and other Places used for printing, whitening, bleaching, or dyeing the same,' as takes away the Benefit of Clergy from Persons stealing Cloth in Places therein

mentioned ; and for more effectually preventing such Felonies; and 51 G.3. c.120. an Act passed in the same Fifty first Year, intituled An Act to

amend an Act of the Forty seventh Year of His present Majesty, for more effectually preventing the stealing of Deer; and an Act passed in the Fifty second Year of the same Reign, intituled An Act for more effectually preventing the Embezzlement of Securities

for

45 G. 3. c. 66.

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52 G.3. c.63.

for Money and other Effects left or deposited for safe Custody, or other special Purpose, in the Hands of Bankers, Merchants, Brokers, Attornies, or other Agents ; and an Act passed in the same Year, intituled An Act for extending the Provisions of an Act of the 52 G.3. c.64. Thirtieth Year of King George the Second, against Persons obtaining Money by false Pretences, to Persons so obtaining Bonds and other Securities; and another Act passed in the same Fifty second Year, intituled An Act for the more effectual Punishment of Per- 52 G.3. c. 130. sons destroying the Properties of His Majesty's Subjects, and enabling the Owners of such Properties to recover Damages for the Injury sustained ; and so much of an Act passed in the Fifty third Year of the same Reign, intituled An Aci to repeal a certain Pro- 53 G.3. C.162. rision respecting Persons convicted of Felony without Benefit of Clergy, contained in an Act made in the Fifty second Year of the Reign of His present Majesty, for the Erection of a Penitentiary House for the Confinement of Persons convicted within the City of London and County of Middlesex, and for making other Provisions in lieu thereof, as relates to the Punishment of Larceny; and an Act passed in the Fifty sixth Year of the same Reign, intituled An Act for the more effectual Punishment of Persons riotously destroy- 56 G.3. c.125. ing or damaging Buildings, Engines, and Machinery used in and about Collieries and other Mines, Waggonways, Bridges, and other Works used in conveying and shipping Coals and other Minerals ; and for enabling the Owners of such Property to recover Damages for the Injury sustained ; and so much of an Act passed in the Fifty seventh Year of the same Reign, intituled An Act for the 57 G.3. c.19. more effectually preventing Seditious Meetings and Assemblies, as $38. relates to the Liability of the Inhabitants of the City, Town, or Hundred, to yield Compensation to the Party injured, as therein mentioned ; and an Act passed in the First Year of the Reign of His present Majesty, intituled An Act for the summary Punish- 16.4. c.56. ment, in certain Cases, of Persons wilfully or maliciously damaging or committing Trespasses on public or private Property ; and the whole of an Act passed in the same Year, intituled An Act to re- 16.4. c.115. peal so much of the several Acts passed in the Thirty ninth Year of the Reign of Elizabeth, the Fourth of George the First, the Fifth and Eighth of George the Second, as inflicts Capital Punishment on certain Offences therein specified, and to provide more suitable and effectual Punishment for such Offences, except so much thereof as relates to the Offences made Capital by the said Act of Queen Elizabeth ; and another Act passed in the same Year of the present Reign, intituled An Act to repeal so much of an Act passed in 16.4. c. 117. the Tenth and Eleventh Years of King William the Third, intituled ' An Act for the better apprehending, prosecuting, and punishing of Felons that commit Burglary, Housebreaking, or Robbery in

Shops, Warehouses, Coach Houses, or Stables, or that steal Horses,' as takes away the Benefit of Clergy from Persons privately stealing, in any Shop, Warehouse, Coach House, or Stable, any Goods, Wares, or Merchandizes of the Value of Five Shillings ; and for more effectually preventing the Crime of stealing privately in Shops, ll'arehouses, Coach Houses, or Stables ; and an Act passed in the Third Year of the present Reign, intituled An Act for extending the s G.4. c. 24. Laws against Receivers of Stolen Goods to Receivers of Stolen Bonds, Bank Notes, and other Securities for Money; and an Act

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passed

S G.4. c. 83.

passed in the same Year, intituled An Act for altering and amending several Acts passed in the First and Ninth Years of the Reign of King George the First, and in the Forty first, Fifty second, Fifty sixth, and Fifty seventh Years of the Reign of His late Majesty King George the Third, so far as the same relate to the Recovery of Damages committed by riotous and tumultuous Assemblies,

and unlawful and malicious Offenders; and the whole of an Act 3 G.4. c. 38. passed in the same 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, except so far as relates to Manslaughter ;

and so much of another Act passed in the same Year, intituled 3 G. 4. c. 114. An Act to provide for the more effectual Punishment of certain

Offences, by Imprisonment with hard Labour, as relates to the
Punishment for receiving Stolen Goods, and for obtaining any

Property as therein mentioned by false Pretences; and so much SG 4. c. 126. of an Act passed in the same Year, intituled An Act to amend the $ 128,

General Laws now in being for regulating Turnpike Roads in that
Part of Great Britain called England, as creates any Felony; and

the whole of an Act passed in the Fourth Year of the present 4 G.4. c.46. Reign, intituled An Act for repealing the Capital Punishments

inflicted by several Acts of the Sixth and Twenty seventh Years of King George the Second, and of the Third, Fourth, and

Twenty second Years of King George the Third, and for providing other Punishments in lieu thereof, and in lieu of the Punishment of Framebreaking under an Act of the Twenty eighth Year of the same Reign, except so far as relates to the Felonies created by the Acts of the Twenty seventh Year of King George the Second and of the Third Year of King George the Third therein

recited; and the whole of an Act passed in the same Year of the 4 G.4. c.53.

present Reign, intituled An Act for extending the Benefit of Clergy to several Larcenies therein mentioned, except so far as relates to any Person convicted of stealing or embezzling His Majesty's Ammunition, Sails, Cordage, or Naval or Military Stores, or of

being accessory to any such Offence; and the whole of an Act 4 G. 4. c.54. passed in the same Year, intituled An Act for allowing the Benefit

of Clergy to Persons convicted of certain Felonies under Two Acts of the Ninth Year of King George the First and of the Twenty seventh Year of King George the Second ; for making better Provision for the Punishment of Persons guilty of sending or delivering threatening Letters, and of Assaults with Intent to commit Robbery, except so far as relates to any Person who shall send or deliver any Letter or Writing threatening to kill or murder, or to burn or destroy, as therein mentioned, or shall be accessory to any such Offence, or shall forcibly rescue any Person being lawfully

in Custody for any such Offence; and an Act passed in the Sixth 6 G.4. c.19. Year of the present Reign, intituled An Act for the Amendment of

the Law as to the Offence of sending threatening Letters ; and so

much of an Act passed in the same Year of the present Reign, 6 G.4. c. 94. intituled An Act to alter and amend an Act for the better Pro$ 7, 8, 9, & 10. tection of the Property of Merchants and others, who may hereafter

enter into Contracts or Agreements in relation to Goods, Wares, or Merchandize intrusted to Factors or Agents, as relates to any Misdemeanor therein mentioned ; and also an Act passed in the Seventh Year of the present Reign, intituled An Act to amend the 7 G.4. c.69. Law in respect to the Offence of stealing from Gardens and Hothouses ; and all Acts continuing or perpetuating any of the Acts or Parts of Acts hereinbefore referred to, so far only as relates to the continuing or perpetuating the same respectively, shall be and continue in force until and throughout the last Day of June in the present Year, and shall from and after that Day as to that Part of the United Kingdom called England, and as to Offences committed within the Jurisdiction of the Admiralty of England, be repealed; except so far as any of the said Acts may repeal the Whole or any Part of any other Acts; and except as to Of. fences and other Matters committed or done before or upon the said last Day of June, which shall be dealt with and punished as if this Act had not been passed.

demeanor

II. Provided always, and be it enacted, That nothing in this Act Not to repeal contained shall in anywise affect or alter such Part of any Act as any Act relating relates to the Post Office, or to any Branch of the Public Revenue, to the Post

, or to the Naval, Military, Victualling, or other Public Stores of His

Revenue, Majesty, His Heirs, or Successors, except the Acts of the Thirty Public Stores, first Year of Queen Elizabeth and of the Twenty second Year of Bank of EngKing Charles the Second, which are hereinbefore repealed, or shall land, or South affect or alter any Act relating to the Bank of England or South Sea Company. Sea Company.

CA P. XXVIII. An Act for further improving the Administration of Justice in Criminal Cases in England.

[21st June 1827.] :

HEREAS Trials for Criminal Offences in that Part of the * Forms which frequently impede the due Administration of Jus

tice, and it is therefore expedient to abolish such Forms, and • also to abolish the Benefit of Clergy, and to make better Pro' vision for the Punishment of Offenders in certain Cases;' Be A Plea of it therefore enacted by the King's most Excellent Majesty, by “Not Guilty,”

without more, and with the Advice and Consent of the Lords Spiritual and Tem

shall put the poral, and Commons, in this present Parliament assembled, and

Prisoner on his by the Authority of the same, That if any Person, not having Trial by Jury. Privilege of Peerage, being arraigned upon any Indictment for Treason, Felony, or Piracy, shall plead thereto a plea of “ Not guilty,” he shall by such Plea, without any further Form, be deemed to have put himself upon the Country for Trial; and the Court shall, in the usual Manner, order a Jury for the Trial of such Person accordingly.

II. And be it enacted, That if any Person, being arraigned if he refuses to upon or charged with any Indictment or Information for Treason, plead, Court Felony, Piracy, or Misdemeanor, shall stand mute of Malice, or may order a

Plea of " Not will not answer directly to the Indictment or Information, in every

Guilty such Case it shall be lawful for the Court, if it shall so think fit, entered. to order the proper Officer to enter a Plea of “ Not guilty" on Behalf of such Person; and the Plea so entered shall have the same Force and Effect as if such Person had actually pleaded the same.

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III. And

to le

Every Chal- III. And be it enacted, That if any Person, indicted for any lenge beyond Treason, Felony, or Piracy, shall challenge peremptorily a greater the legal Num- Number of the Men returned to be of the Jury than such Person ber shall be void

is entitled by Law so to challenge in any of the said Cases, every peremptory Challenge beyond the Number allowed by Law in any of the said Cases shall be entirely void, and the Trial of such

Person shall proceed as if no such Challenge had been made. Attainder of IV. And be it enacted, That no Plea setting forth any Attainder another Crime shall be pleaded in bar of any Indictment, unless the Attainder not pleadable. be for the same Offence as that charged in the Indictment. Jury shall not V. And be it enacted, That where any Person shall be indicted enquire of Pri- for Treason or Felony, the Jury empannelled to try such Person soner's Lands, shall not be charged to enquire concerning his Lands, Tenements, &c. nor whether he fled.

or Goods, nor whether he fled for such Treason or Felony. Benefit of

VI. And be it enacted, That Benefit of Clergy, with respect to Clergy abo- Persons convicted of Felony, shall be abolished; but that nothing lished.

herein contained shall prevent the Joinder in any Indictment of any Counts which might have been joined before the passing of

this Act. What Felonies VII. And be it enacted, That no Person convicted of Felony only shall be shall suffer Death, unless it be for some Felony which was excapital. cluded from the Benefit of Clergy before or on the First Day of

the present Session of Parliament, or which hath been or shall be

made punishable with Death by some Statute passed after that Day. Felonies not

VIII. And be it enacted, That every Person convicted of any capital punish- Felony, noť punishable with Death, shall be punished in the able under the Manner prescribed by the Statute or Statutes specially relating Acts, if any, to such Felony; and that every Person convicted of any Felony, relating thereto; otherwise under for which no Punishment hath been or hereafter may be spethis Act.

cially provided, shall be deemed to be punishable under this Act, and shall be liable, at the Discretion of the 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. The Court may IX. And, with regard to the Place and Mode of Imprisonment order hard La- for all Offences punishable under this Act, be it enacted, That bour or solitary where any Person shall be convicted of any Offence punishable

under this Act, for which Imprisonment may be awarded, it shall Part of the Sentence of

be lawful for the Court to sentence the Offender to be imprisoned, Imprisonment. or to be imprisoned and kept to hard Labour, in the Common

Gaol or House of Correction, and also to direct that the Offender shall be kept in solitary Confinement for the whole or any Portion or Portions of such Imprisonment, or of such Imprisonment with

hard Labour, as to the Court in its Discretion shall seem meet. If a Person X. And be it enacted, That wherever Sentence shall be passed under Sentence for Felony on a Person already imprisoned under Sentence for for another another Crime, it shall be lawful for the Court to award ImpriCrime is con

sonment for the subsequent Offence, to commence at the Expirvicted of Felony, the Court ation of the Imprisonment to which such Person shall have been may pass a previously sentenced ; and where such Person shall be already Second Sen. under Sentence either of Imprisonment or of Transportation, the ice, to com- Court, if empowered to pass Sentence of Transportation, may jce after the award such Sentence for the subsequent Offence, to commence

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