demeanor 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the United Kingdom called England, and as to Offences committed within the Jurisdiction of the Admiralty of England, be repealed; except so far as any of the said Acts may repeal the Whole or any Part of any other Acts; and except as to Offences and other Matters committed or done before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.

II. Provided always, and be it enacted, That nothing in this Act contained shall in anywise affect or alter such Part of any Act as relates to the Post Office, or to any Branch of the Public Revenue, or to the Naval, Military, Victualling, or other Public Stores of His Majesty, His Heirs, or Successors, except the Acts of the Thirty first Year of Queen Elizabeth and of the Twenty second Year of King Charles the Second, which are hereinbefore repealed, or shall affect or alter any Act relating to the Bank of England or South Sea Company.

CAP. XXVIII.

An Act for further improving the Administration of Justice
in Criminal Cases in England.
[21st June 1827.]

WHEREAS Trials for Criminal Offences in that Part of the

United Kingdom called England are attended with some • 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 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 if any Person, not having 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.

Not to repeal any Act relating

to the Post Office, the Revenue, Public Stores, Bank of England, or South Sea Company.

A Plea of "Not Guilty," without more, shall put the Prisoner on his

Trial by Jury.

Plea of "Not

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 will not answer directly to the Indictment or Information, in every Guilty" to be 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.

Every Chal

lenge beyond

the legal Number shall be

void.

Attainder of

another Crime
not pleadable.
Jury shall not
enquire of Pri-

soner's Lands,
&c. nor whether
he fled.
Benefit of
Clergy abo-
lished.

What Felonies only shall be capital.

Felonies not

able under the

Acts, if any, relating thereto; otherwise under

this Act.

III. And be it enacted, That if any Person, indicted for any Treason, Felony, or Piracy, shall challenge peremptorily a greater Number of the Men returned to be of the Jury than such Person 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.

IV. And be it enacted, That no Plea setting forth any Attainder shall be pleaded in bar of any Indictment, unless the Attainder be for the same Offence as that charged in the Indictment.

V. And be it enacted, That where any Person shall be indicted for Treason or Felony, the Jury empannelled to try such Person shall not be charged to enquire concerning his Lands, Tenements, or Goods, nor whether he fled for such Treason or Felony.

VI. And be it enacted, That Benefit of Clergy, with respect to Persons convicted of Felony, shall be abolished; but that nothing herein contained shall prevent the Joinder in any Indictment of any Counts which might have been joined before the passing of this Act.

VII. And be it enacted, That no Person convicted of Felony shall suffer Death, unless it be for some Felony which was excluded 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. VIII. And be it enacted, That every Person convicted of any capital punish- Felony, not punishable with Death, shall be punished in the Manner prescribed by the Statute or Statutes specially relating to such Felony; and that every Person convicted of any Felony, for which no Punishment hath been or hereafter may be specially 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. 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 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.

The Court may

Confinement as
Part of the
Sentence of

If a Person

for another Crime is con

victed of Fe

X. And be it enacted, That wherever Sentence shall be passed under Sentence for Felony on a Person already imprisoned under Sentence for another Crime, it shall be lawful for the Court to award Imprisonment for the subsequent Offence, to commence at the Expirlony, the Court ation of the Imprisonment to which such Person shall have been previously sentenced; and where such Person shall be already under Sentence either of Imprisonment or of Transportation, the Court, if empowered to pass Sentence of Transportation, may inence after the award such Sentence for the subsequent Offence, to commence

may pass a Second Sen

tence, to com

at

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

Conviction.

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 Felony. ficient to state that the Offender was at a certain Time and Place 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 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 have 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, upon 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 wise, and by Warrant under His Royal Sign Manual, countersigned by One of His principal Secretaries of State, shall grant

Convict.

Proviso.

Rule for the Interpretation

Statutes.

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 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.

XIV. And be it enacted, That wherever this or any other Statute relating to any Offence, whether punishable upon Indictof all Criminal 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.

Commencement of this Act.

Not to extend

to Scotland or Ireland.

Commencement of Act.

XV. And be it enacted, That this Act shall commence and take effect on the First Day of July One thousand eight hundred and twenty seven.

XVI. Provided always, and be it enacted, That nothing herein contained shall extend to Scotland or Ireland.

CAP. XXIX.

An Act for consolidating and amending the Laws in England relative to Larceny and other Offences connected therewith. [21st June 1827.]

WHER

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 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 of July in the present Year.

II. And

ceny abolished.

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 Larbe 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 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, for all Offences

within this Act, order hard

Labour or

solitary Con

IV. And, with regard to the Place and Mode of Imprisonment for all indictable Offences punishable under this Act, be it enacted, That where any Person shall be convicted of any Felony or Misdemeanor punishable under this Act, for which Imprisonment may be awarded, it shall be lawful for the Court to sentence the Offender 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 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 other Security whatsoever, entitling or evidencing the Title of any Person or Body Corporate to any Share or Interest in any Public Stock or Fund, whether of this Kingdom, or of Great Britain or of Ireland, or of any Foreign State, or in any Fund of any Body Corporate, Company, or Society, or to any Deposit in any Savings Bank, or shall steal any Debenture, Deed, Bond, Bill, 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 Warrant or Order for 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

Stealing Public or Private

Securities for
Money, or

Warrants for Goods, shall be Felony, and punishable according to the like stealing Goods.

Circumstances,

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 Person of any Chattel, Money, or valuable Security, every such Offender, being convicted thereof, shall suffer Death as a Felon;

and

Robbery from the Person. Stealing from

the Person.