Sivut kuvina
PDF
ePub

at the Expiration of the Imprisonment or Transportation to which Expiration of such Person shall have been previously sentenced, although the the First. aggregate Term of Imprisonment or Transportation respectively may exceed the Term for which either of those Punishments could be otherwise awarded.

• XI. And Whereas it is expedient to provide for the more Punishment * exemplary Punishment of Offenders who commit Felony after a for a subsequent previous Conviction for Felony, whether such Conviction shall Felony.

have taken place before or after the Commencement of this Act;' Be it therefore enacted, That if any Person shall be convicted of any Felony, not punishable with Death, committed after a previous Conviction for Felony, such Person shall, on such subsequent Conviction, 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 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 Form of Into such Imprisonment; and in an Indictment for any such Felony dictment for the committed after a previous Conviction for Felony, it shall be suf- subsequent ficient to state that the Offender was at a certain Time and Place

Felony. convicted of Felony, without otherwise describing the previous Felony ; and a Certificate containing the Substance and Effect What shall be only (omitting the formal Part) of the Indictment and Conviction sufficient Proof for the Previous Felony, purporting to be signed by the Clerk of of the First

Conviction. the Court, or other Officer having the Custody of the Records of the Court where the Offender was first convicted, or by the Deputy of such Clerk or Officer (for which Certificate a Fee of Six Shillings and Eight Pence, and no more, shall be demanded or taken), shall, upon Proof of the Identity of the Person of the Offender, be sufficient Evidence of the First Conviction, without Proof of the Signature or official Character of the Person appearing to bave signed the same; and if any such Clerk, Officer, Uttering false or Deputy shall utter a false Certificate of any Indictment and Certificate of Conviction for a previous Felony, or if any Person, other than Conviction. such Clerk, Officer, or Deputy, shall sign any such Certificate as such Clerk, Officer, or Deputy, or shall utter any such Certificate with a false or counterfeit Signature thereto, every such Offender shall be guilty of Felony, and, being lawfully 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 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.

XII. And be it enacted, That all Offences prosecuted in the Admiralty High Court of Admiralty of England shall, apon every first and Offences. subsequent Conviction, be subject to the same Punishments, whether of Death or otherwise, as if such Offences had been committed upon the Land.

XIII. And be it declared and enacted, That where the King's Effect of a free Majesty shall be pleased to extend His Royal Mercy to any or conditional Offender convicted of any Felony punishable with Death or other- Pardon to a

Convict. wise, and by Warrant under His Royal Sign Manual, countersigned by One of His principal Secretaries of State, shall grant

to such Offender either a free or a conditional Pardon, the Discharge of such Offender out of Custody in the Case of a free Pardon, and the Performance of the Condition in the Case of a conditional Pardon, shall have the Effect of a Pardon under the

Great Seal for such Offender, as to the Felony for which such Proviso. Pardon shall be so granted ; Provided always, that no free Pardon,

nor any such Discharge in Consequence thereof, nor any conditional Pardon, nor the Performance of the Condition thereof, in any of the Cases aforesaid, shall prevent or mitigate the Punishment to which the Offender might otherwise be lawfully sentenced on a subsequent Conviction for any Felony committed

after the granting of any such Pardon. Rule for the XIV. And be it enacted, That wherever this or any other Interpretation Statute relating to any Offence, whether punishable upon Indict. of all Criminal Statutes.

ment or summary Conviction, in describing or referring to the Offence or the Subject Matter on or with respect to which it shall be committed, or the Offender or the Party affected or intended to be affected by the Offence, hath used or shall use Words importing the Singular Number or the Masculine Gender only, yet the Statute shall be understood to include several Matters as well as One Matter, and several Persons as well as One Person, and Females as well as Males, and Bodies Corporate as well as Individuals, unless it be otherwise specially provided, or there be something in the Subject or Context repugnant to such Construction; and wherever any Forfeiture or Penalty is payable to a Party aggrieved, it shall be payable to a Body Corporate in every

Case where such Body shall be the Party aggrieved. Commence- XV. And be it enacted, That this Act shall commence and ment of this

take effect on the First Day of July One thousand eight hundred Act.

and twenty seven. Not to extend XVI. Provided always, and be it enacted, That nothing herein to Scotland or contained shall extend to Scotland or Ireland. Ireland.

CA P. XXIX. An Act for consolidating and amending the Laws in England relative to Larceny and other Offences connected therewith.

[21st June 1827.] HEREAS various Statutes now in force in that part of

the United Kingdom 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 Em

bezzlement, 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 ex• pedient 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 Commence

Authority of the same, That this Act shall commence on the First ment of Act. Day of July in the present Year.

II. And

[ocr errors]

II. And be it enacted, That the Distinction between Grand Distinction beLarceny and Petty Larceny shall be abolished, and every Larceny, tween Grand whatever be the Value of the Property stolen, shall be deemed to and Petty. Lar

ceny abolished. be of the same Nature, and shall be subject to the same Incidents in all respects as Grand Larceny was before the Commencement of this Act; and every Court, whose Power as to the Trial of Larceny 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 Punishments Larceny, or of any Felony hereby made punishable like Simple for Simple Larceny, shall (except in the Cases hereinafter otherwise provided Larceny. for) 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 Terni 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 The Court may, for all indictable Offences punishable under this Act, be it enacted, for all Offences

within this Act, That where any Person shall be convicted of any Felony or Misde.

order hard meanor punishable under this Act, for which Imprisonment may Labour or be awarded, it shall be lawful for the Court to sentence the solitary ConOffender to be imprisoned, or to be imprisoned and kept to hard fineinent. 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 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, Stealing Public Order, or other Security whatsoever, entitling or evidencing the or Private

Securities for Title of any Person or Body Corporate to any Share or Interest

Money, or in any Public Stock or Fund, whether of this Kingdom, or of Warrants for Great Britain or of Ireland, or of any Foreign State, or in any Goods, shall be Fund of any Body Corporate, Company, or Society, or to any Felony, and Deposit in any Savings Bank, or shall steal any Debenture, Deed, punishable acBond, Bill, Note, Warrant, Order, or other Security whatsoever cording to the for Money or for Payment of Money, whether of this Kingdom, like straling or of any Foreign State, or shall steal any warrant or Order for Goods. the Delivery or Transfer of any Goods or valuable Thing, every such Offender shall be deemed guilty of Felony, of the same Nature, and in the same Degree, and punishable in the same Manner as if he had stolen any 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 secured thereby and remaining unsatisfied, or with the Value of the Goods or other valuable Thing mentioned in the Warrant or Order; and Rule of Intereach of the several Documents hereinbefore enumerated shall pretation. throughout this Act be deemed for every Purpose to be included under and denoted by the Words “ valuable Security.”

VI. And be it enacted, That if any Person shall rob any other Robbery from Person of any Chattel, Money, or valuable Security, every such the Person. Offender, being convicted thereof, shall suffer Death as a Felon; Stealing frona

the Person. and

to accuse a

Assaults with and if any Person shall steal any such Property from the Person Intent to com

of another, or shall assault any other Person with Intent to rob and Demands him, or shall with Menaces or by Force demand any such Proaccompanied

perty of any other person with Intent to steal the same, every with Menaces such Offender shall be guilty of Felony, and, being convicted or Force.

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 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. Obtaining VII. And be it declared and enacted, That if any Person shall Money, &c. by accuse or threaten to accuse any other Person of any infamous threatening

Crime, as hereinafter defined, with a view or Intent to extort Party of an in- or gain from him, and shall by intimidating him by such Accusfamous Crime. ation or Threat extort or gain from him any Chattel, Money, or

valuable Security, every such Offender shall be deemed guilty

of Robbery, and shall be indicted and punished accordingly. Sending Let- VIII. And be it enacted, That if any person shall knowingly ters containing send or deliver any Letter or Writing, demanding of any Person, menacing De- with Menaces, and without any reasonable or probable Cause, any mands, or threatening to

Chattel, Money, or valuable Security; or if any Person shall accuse a Party accuse or threaten to accuse, or shall knowingly send or deliver of an infamous any Letter or Writing accusing or threatening to accuse, any Crime, to ex

Person of any Crime punishable by Law with Death, Transporttort Money,&c. ation, or Pillory, or of any Assault with Intent to commit any

Rape, or of any Attempt or Endeavour to commit any Rape, or of any infamous Crime, as hereinafter defined, 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 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. What shall be IX. And, for defining what shall be an infamous Crime within deemed an the Meaning of this Act, be it enacted, That the abominable infamous Crime.

Crime of Buggery, committed either with Mankind or with Beast, and every Assault with Intent to commit the said abominable Crime, 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, when X. And be it enacted, That if any Person shall break and enter capital.

any Church 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

suffer Death as a Felon. Burglary, XI. And be it enacted, That every Person convicted of Burglary capital. shall suffer Death as a Felon; and it is hereby declared, that if any Person shall enter the Dwelling House of another with Intent

to

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.

XI. And be it enacted, That if any Person shall break and Housebreaking enter any Dwelling House, and steal therein any Chattel, Money, and stealing in or valuable Security to any Value whatever; or shall steal any

a House, when such Property to any Value whatever in any Dwelling House, any

capital. Person therein being put in fear; or shall steal in any Dwelling House any Chattel, 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 Felon.

XIII. Provided always, and be it enacted, That no Building, What Buildings although within the same Curtilage with the Dwelling House, and only are Part of

a House for caoccupied therewith, shall be deemed to be Part of such Dwelling House for the Purpose of Burglary, or for any of the Purposes pital Purposes, . aforesaid, unless there shall be a Communication between such Building and Dwelling House, either immediate, or 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 Robbery in any enter any Building, and steal therein any Chattel, Money, or Building within valuable Security, such Building being within the Curtilage of the same Curtia Dwelling House, and occupied therewith, but not being Part lage as the thereof according to the Provision hereinbefore mentioned, every privileged as such Offender, being convicted thereof, either upon an Indictment Part of the for the same Offence, or upon an Indictment for Burglary, House- House.. breaking, or stealing to the Value of Five Pounds in a Dwelling House, containing a separate Count for such Offence, 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 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 Robbery in a enter any Shop, Warehouse, or Counting House, and steal therein Shop, Wareany Chattel, Money, or valuable Security, every such Offender, house, &c. being convicted thereof, shall be liable to any of the Punishments which the Court may award as hereinbefore last mentioned.

XVI. And be it enacted, That if any Person shall steal, to the Stealing cer. Value of Ten Shillings, any Goods or Article of Silk, Woollen, tain Goods in Linen, or Cotton, or of any one or more of those Materials mixed

Manufacture. with each other, or mixed with any other Material, whilst laid, placed, or exposed, during any Stage, Process, or Progress of 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 Stealing Goods Goods or Merchandize in any Vessel, Barge, or Boat of any Des- from a Vessel cription whatsoever, in any Port of Entry or Discharge, or upon River, or Canal, any navigable River or Canal, or in any Creek belonging to or communicating with any such Port, River, or Canal, or shall steal any Goods or Merchandize from any Dock, Wharf, or Quay ad

Process of

&c.

jacent

« EdellinenJatka »