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the twenty-third year of his late Majesty King George the Second, as relates to the preventing the stealing or destroying of turnips, and for the more effectually preventing the stealing or destroying of turnips, potatoes, cabbages, parsnips, pease, and carrots,' to certain other field crops, and to orchards; and
for amending the said act;" and an act passed in the same forty-second year, 42 G.3. c. 107. intituled “ An act more effectually to prevent the stealing of deer;" and so 43 G.3. c. 58.
much of an act passed in the forty-third year of the same reign, intituled “ An Part of s. 1. act for the further prevention of malicious shooting, and attempting to dis.
charge loaded fire arms, stabbing, cutting, wounding, poisoning, and the malicious using of means to procure the miscarriage of women ; and also the malicious 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 Ireland 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 43 G. 3. c. 113. an act passed in the same forty-third year, intituled “ An act for the more except s. 6.
effectually providing 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 thirtythird 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 George the Third, 44 G. 3. c. 92. intituled “An act to render more easy the apprehending and bringing to trial s. 7, 8.
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 passed in the forty-fifth year of the same reigo, 45 G.3. c. 66. 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 forty-eighth 48 G. 3. c. 129. 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;" 48 G. 3. c. 144. and an act passed in the same forty-eighth year, intituled “ An act for the
more effectual protection of oyster fisheries and the brood of oysters in
England ;” and an act passed in the fifty-first year of the same reign, intituled 51 G.3. c. 41. “ Ăn 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 51 G. 3. c. 120. felonies;" and 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 effec
iually preventing the stealing of deer;" and an act passed in the fifty-second 52 G. 3. c. 63. year of the same reign, intituled “ An act for more effectually preventing the
embezzlement of securities 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, inti52 G. 3. c. 64. tuled “ An act for extending the provisions of an act of the 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 52 G. 3. c. 130. the same fifty-second year, intituled “ An act for the more effectual punish
ment of persons destroying the properties of his Majesty's subjects, and enabling the owners of such properties to recover damages for the injury sus
tained ;" and so much of an act passed in the fifty-third year of the same 53 G, 3. c. 162. reign, intituled “ An act to repeal a certain provision respecting persons con
victed 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 ellectual 56 G. 3. c. 125. punishment of persons riotously destroying 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 more effectually preventing sedi- 57 G. 3. c. 19. tious meetings and assemblies," as relates to the liability of the inhabitants of s. 38. 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 punishment, in certain cases, 1 G. 4, c. 56. 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 aci to repeal so much of the several acts passed in the thirty; 16.4.c. 115, 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 19.4.c. 117, act passed in the tenth and eleventh years of King William the Third, intituled * An act for the better apprehending, prosecuting, and punishing of felons that coinmit burglary, house-breaking, or robbery in shops, warehouses, coachhouses, 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, warehouses, coach-houses, or stables ;” and an act passed in the third year of the present reign, intituled “ Au act for extending the laws against receivers of stolen 3 G. 4. c. 24. goods to receivers of stolen bonds, bank notes, and other securities for money;" and an act passed in the same year, intituled “An act for altering 3 G. 4. c. 33. 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 fiftyseventh 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 passed in the same year of the present reign, intituled “ An act for the fur- 3 G. 4. c. 38, ther 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 "An act to provide for the more effectual punishment of certain offences, 3 G. 4. c. 114, 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 of an act passed in the same year, intituled “ An act 3 G. 4. c. 126. to amend the general laws now in being for regulating turnpike roads in that s. 128. part of Great Britain called England,” as creates any felony; and the whole of an act passed in the fourth year of the present reign, intituled “ An act for 4 G. 4. c. 16. 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 frame-breaking 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 present reign, intituled “ An act for extending the benefit of clergy to several larcenies 4 G. 4.c.53. therein mentioned,” except so far as relates to any person convicted of stealing or embezzling bis Majesty's ammunition, sails, cordage, or naval or military stores, or of being accessory to any such offence; and the whole of an act passed in the same year, intituled “ An act for allowing the benefit of clergy, 4 G. 4. c. 54. io persons convicted of certain felonics 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 6 G. 4. c. 19. in the sixth 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 6 G. 4. c. 94. act passed in the same year of the present reign, intituled “An act to alter s. 7, 8, 9, 10. and amend an act for the better protection of the property of merchaots and
others, who may hereafter enter into contracts or agreements in relation to goods, wares, or merchandize entrusted to factors or agents," as relates to aoy
misdemeanor therein mentioned; and also an act passed in the seventh year of 7 G. 4. c. 69. the present reign, intituled “ An act to amend the 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. Not to repeal II. Provided always, and be it enacted, That nothing in this act contained any act relat- shall in anywise affect or alter such part of any act as relates to the post office, ing to the post or to any branch of the public revenue, or to the naval, military, victualling; office, the re
or other public stores of his Majesty, his heirs or successors, except the acts of venue, public stores, Bank
the thirty-first year of Queen Elizabeth and of the twenty-second year of King of England, or
Charles the Second, which are herein-before repealed, or shall affect or alter South Sea any act relating to the Bank of England or South Sea Company. Company.
7 & 8 GEO. 4. c. 28.
An Act for further improving the Administration of Justice in Criminal
[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 justice, and it is therefore expedient to abolish such forms, and also to abolish the benefit of clergy, and to make better provision for the punishment of offenders in certain cases : be it therefore enacted hy 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 assemA plea of
bled, and by the authority of the same, That if any person, not having privi
lege of peerage, being arraigned upon any indictinent for treason, felony, or without more, piracy, shall plead thereto a plea of not guilty,” he shall by such plea, withshall put the prisoner on his
further form, be deemed to have put himself upon the country for trial by jury.
trial; and the Court shall, in the usual manner, order a jury for the trial of
such person accordingly. If he refuses
II. And be it enacted, That if any person, being arraigned upon or charged to plead, Court with any indictment or information for treason, felony, piracy, or misdemay order a plea of “not meanor, shall stand mute of malice, or will not answer directly to the jodictguilty" to be ment or information, in every such case it shall be lawful for the Court, if it entered.
shall so think fit, to order the proper officer to enter a plea of “not guilty"
III. And be it enacted, That if any person, indicted for any treason, felony, Every chal-
the number allowed by law ber shall be 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 Attainder of pleaded in bar of any indictment, unless the attainder be for the same offence another crime as that charged in the indictment.
not pleadable. V. And be it enacted, That where any person shall be indicted for treason Jury shall not or felony, the jury empannelled to try such person shall not be charged to en- enquire of priquire concerning his lands, tenements, or goods, nor whether he fled for such soner's lands, treason or felony.
&c. nor whe
ther he fled. 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 Benefit of prevent the joinder in any indictment of any counts which might have been clergy abo
lished. joined before the passing of this act.
VII. And be it enacted, That no person convicted of felony shall suffer What felonies death, unless it be for some felony which was excluded from the benefit of only shall be clergy before or on the first day of the present session of parliament, or which capital. 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 felony, not Felonies not
IX. And, with regard to the place and mode of imprisonment for all The Court
finement as to be imprisoned, or to be imprisoned and kept to hard labour, in the common
part of the gaol or house of correction, and also to direct that the offender shall be kept sentence of in solitary confinement for the whole or any portion or portions of such im- insprisonment. prisonment, or of such imprisonment with hard labour, as to the Court in its discretion shall seem meet.
X. And be it enacted, That wherever sentence shall be passed for felony on If a person a person already imprisoned under sentence for another crime, it shall be law- under senful for the court to award imprisonment for the subsequent offence, to com- tence for anomence at the expiration of the imprisonment to which such person shall have ther crime is been previously sentenced ; and where such person shall be already under sen
convicted of tence either of imprisonment or of transportation, the court, if empowered
felony, the to pass sentence of transportation, may award such sentence for the subsequent ofience, to commence at the expiration of the imprisonment or trans- sentence, to portation to which such person shall have been previously sentenced, although the aggregate term of imprisonment or transportation respectively after the exmay exceed the term for which either of those punishments could be other- piration of the wise awarded.
first. XI. And whereas it is expedient to provide for the more exemplary punish- Punishment ment of offenders who commit felony after a previous conviction for felony, for a subsewhether such conviction shall have taken place before or after the commence- quent felony. ment of this act; be it therefore enacted, That if any person shall be be convicted of any felony, not punishable with death, commilted 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 to
pass a second
Form of in- such imprisonment; and in an indictment for any such felony committed dictment for after a previous conviction for felony, it shall be sufficient to state that the the subsequent offender was at a certain time and place convicted of felony, without other. felony. wise describing the previous felony; and a certificate containing the subWhat shall be stance and effect only (omitting the formal part) of the indictment and consuficient proof viction for the previous felony, purporting to be signed by the clerk of the of the first conviction.
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 Uttering false the same; and if any such clerk, officer, or deputy shall utter a false certificertificate of cate of any indictment and conviction for a previous felony, or if any person, conviction,
other than 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. Admiralty of XII. And be it enacted, That all offences prosecuted in the High Court of fences. Admiralty of England shall, upon every first and subsequent conviction, be
subject to the same punishments, whether of death or otherwise, as if such
offences had been committed upon the land. Effect of a free XIII. And be it declared and enacted, That where the King's Majesty shall or conditional be pleased to extend bis royal mercy to any offender convicted of any felong pardon to a punishable with death or otherwise, and by warrant under his royal sign maconvict. nual, 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. Aod be it enacted, That wherever this or any other statute relating interpretation to any offence, whether punishable upon indictment or summary conviction, of all criminal in describing or referring to the offence or the subject matter on or with restatutes.
spect to which it shall be committed, or the offender or the party affected or intended to be affected by the offence, bath 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 malter, 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
XV. And be it enacted, That this act shall commence and take effect on ment of this the first day of July, one thousand eight hundred and twenty-seven. act.
XVI. Provided always, and be it enacted, That nothing herein contained Not to extend shall extend to Scotland or Ireland. to Scotland or Ireland.