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seventh year of the same reign, intituled . An act for the better securing to constables and others the expenses of conveying offenders to gaol, and for allowing the charges of poor persons bound to give evidence against felons,' as

relates to the allowance of compensation to poor persons appearing on recog. 18 G. 3. c. 19. nizance to give evidence against any one accused of felony; and so much of s. 7, 8. an act passed in the eighteenth year of the reign of king George the Third,

intituled · An act for the payment of costs to parties on complaints determined before justices of the peace out of sessions; for the payment of the charges of constables in certain cases; and for the more effectual payment of charges to witnesses and prosecutors of any larceny or other felony, as relates to payments and allowancès to prosecutors and other persons appearing on recognizance or subpæna to give evidence as to any felony, and to rules and regula

tions touching the costs and charges to be allowed to such prosecutors and 43 G. 3. c. 59. persons; aud so much of an act passed in the forty-third year of the same s. 3.

reign, intituled “An act for remedying certain defects in the laws relative to the building and repairing of county bridges and other works maintained

at the expense of the inhabitants of counties in England,' as relates to lar. 43 G. 3.c. 113. ing the property in the surveyor of county bridges in any indictinent; and so 8. 5.

much of an act passed in the same year, for providing, among other things, for the more convenient trial of accessories in felonies, as relates to the trial of accessories, except the special provisions therein contained as to ac

cessories before the fact in murder; and an act passed in the fifty-sixth 56 G. 3. c. 73. year of the same reign, intituled · An act for removing difficulties in the con

viction of offenders stealing property from mines;' and an act passed in the

fifty-eighth year of the same reign, intituted · An act for repealing such 58 G. 3. c. 70. parts of several acts as allow pecuniary and other rewards upon the conviction

of persons for highway robbery and other crimes and offences; and for facilitating the means of prosecuting persons accused of felony and other offences,' except so much thereof as relates to disorderly houses; and an act passed in

the fifty-ninth year of the same reign, intituled. An act to facilitate the trial 59 G.3. c. 27.

of felonies committed on board vessels employed on canals, navigable rivers,

and inland navigations ;' and another act passed in the same year, intituled 59 G. 3. c. 96. • An act to facilitate the trials of felonies committed on stage-coaches and

stage-waggons and other such carriages, and of felonies committed on the

boundaries of counties;' and an act passed in the first year of his present Ma1 G. 4. c. 102. jesty's reign, for making general the provisions of the said recited act of the

fifty-sixth year of the reign of king George the Third: and so much of an act 3 G.4. c. 38. passed in the third 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,' as provides that accessories be

fore the fact inay be indicted for a misdemeanor; and so much of another act 3 G.4. c. 126. passed in the same year, intituled. An act to amend the general laws now in s. 60.

being for regulating turnpike roads in that part of Great Britain called England, as relates to stating in any indictment any things to be the property of

the clerk to the trustees or commissioners, as therein mentioned; and an act 6 G. 4. c. 56. passed in the sixth year of the present reign, intituled · An act to amend two

acts for removing difficulties in the conviction of offenders stealing property in mines and from corporate bodies,' shall be and the same are hereby repealed, except so far as any of the said acts relate to Scotland or Ireland, or repeal the whole or any part of any other acts, and except as to offences committed before the passing of this act, which shall be dealt with and punished as if this act had not been passed.

ANNO NONO

GEORGII IV. REGIS.

CAP. XXXI.

dr Act for consoliduting and amending the Statutes in England relative to Offences against the Person.

[27th June, 1828.]

c. 3.

WDERBAS it is expedient to repeal various statutes now in force in that part of the Coited Kingdom called England, relative to offences against the person, in order that the provisions contained in those statutes may be amended and consolidated into this 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 anthority of the same, That so much of the great charter made in the Repeal of ninth year of the reign of King Heory the Third, as relates to inquisitions of 9 H. 3. c. 26. life or member; and so much of a statute made in the fifty-second year of 52 H. 3. c. 25. tbe same reign, as relates to murder; and so much of a statute made in the 3 Ed. 1. c. 11 third year of the reign of King Edward the First, as relates to inquests of and 13. Durder, and the writ of Odio ei aiid, and to any person ravishing or taking 4 Ed. I. st. 3. away by force any female as therein mentioned; and so much of a statute c. 5. made in the fourth year of the same reign, intiluled “ The statute of bi. 6 Ed.1.c. 9. gamy,” as relates to bigamists; and so much of a statute made in the sixth 13 Ed. 1, st. 1.

c. 29 and 34. Fear of the same reign, as relates to any person killing another by misfor

9 Ed. 2 st. 1. tone or in his own defence, or in other nianner without felony; and so much of a statute made at Westminster in the thirteenth year of the same reign, as 18 Ed. 3. st. 3. relates to the writ of Odio et aliâ and to rape ; and so much of a statute made c. 2. in the pinth year of the reign of King Edward the Second, commonly 25 Ed. 3. st. 5. called Articuli Cleri, as relates to laying violent hauds on a clerk ; Part of c. 2. and so much of a statute made in the eighteenth year of the reign of 50 Ed. 3. c. 5. king Edward the Third, as relates to bigamists; and so much of a statute 1 Rich. 2. c. 15.

6 Rich. 2.st. I. made in the twenty-fifth year of the same reign, as relates to petil treason ; and so much of a statute made in the fiftieth year of the same reign, as re

5 H. 4. c. 5. lates to the arrests of persons of holy church, and so much of a statute made 5 H. 4.c.6. in the first year of the reign of king Richard the Second, as relates to the like 2 H. 5. st. 1. arrests : and so much of a statute made in the sixth year of the same reign, as relates to ravishers, and to women ravished ; and so much of a statute made il H. 6. c. 11. in the fifth year of the reign of king Henry the Fourth, as relates to cutting the tongues or putting out the eyes of any the king's liege people, and to any assault upon the servant of a knight of the shire in parliament; and so much of a statute made in the second year of the reign of king llenry the Fifth, as 3 H. 7. c. 2. relates to persoas fleeing for murders, manslaughters, robberies, and bat. teries; and so much of a statute made in the eleventh year of the reign of king 3 H. 7. c. 14. Heory the Sixth, as relates to any assault or afiray made to any lord, knight of the shire, citizen, or burgess being and attending at the parliament or other council of the king; and an act passed in the third year of the reign of king Henry the Sevedih, intituled . An act against taking away of women 12 H. 7. c.7. against their wills ;' and an act passed in the same year, intituled . An act that 24 H. 8. c. 5.

c. 6.

c. 9.

c. 8.

the sleward, treasurer, and controller of the king's house, shall enquire of

offences done within the same ;' and an act passed in the twelfth year of the 25 H. 8. c. 6. same reign, intituled • An act to make some offences petty treason ;' and an

act passed in the twenty-fourth year of the reign of Henry the Eighth, inti

tuled. An act where a man killing a thief shall not forfeit his goods ;' and an 33 H. 8. c. 12. act passed in the twenty-fifth year of the same reign, intituled “ An act for Part of s. 6. the punishment of the vice of buggery;' and so much of an act passed in the to s. 18.

thirty-third year of the same reign, intituled “An act for murther and 38 H. 8. c. 23. malicious bloodshed within the court,' as relates to the punishment of man

slaughter and of malicious striking, by reason whereof blood shall be shed; and an act passed in the same year, intituled · An act to proceed by a commission of oyer and determiner against such persons as shall confess treasons, without remanding the same to be tried in the same shire where the offence

was committed ;' and so much of an act passed in the first year of the reign 1 Ed. 6. c. 12. of King Edward the Sixth, intituled · An act for the repeal of certain statutes s. 10. 13. 16. concerning treasons, felonies, etc.,' as relates to petty treason and murder, and 22.

and to bigamists, but oothing therein now in force relating to foreign pleas or

dower ; and so much of an act passed in the fifth and sixth years of the same 5 & 6 Ed. 6. c. reign, intituled. An act against quarrelling and fighting in churches and 4. s. 3.

churchyards,' as relates to the punishment of persons convicted of striking with any weapon, or drawing any weapon with intent to strike as therein men

tioned ; and an act passed in the fourth and fifth years of the reign of King 4 & 5 P. & M. Philip and Queen Mary, intituled · An act that accessories in murder and c. 4.

divers felonies shall not have the benefit of clergy; and an act passed in the 4 & 5 P. & M. same years, intituled · An act for the punishment of such as shall take away

maidens that be inheritors, being within the age of sixteen years, or that

marry them without consent of their parents;' and so much of an act passed 5 Eliz. c. 4. s. in the fifth year of the reign of Queen Elizabeth, intituled • An act touching 21.

divers orders for artificers, labourers, servants of husbandry, and apprentices,

as relates to the punishment of any servant, workman, or labourer making any 5 Eliz. c. 17.

assault or affray as therein mentioned ; and an act passed in the same year, in

tituled · An act for the punishment of the vice of sodomy;'and an act passed in 18 Eliz. c. 7. the eighteenth year of the same reign, intituled © An act to take away clergy from the offenders in rape and burglary,

and an order for the delivery of clerks convict 39 Eliz. c. 9.

without purgation;" and an act passed in the thirty-ninth year of the same reign, intituled “ An act for taking away of clergy from offenders against a

certain statute made in the third year of the reign of King Henry the Seventh, Vulgo 2 J. 1. concerning the taking away of women against their wills unlawfully ;” and an

act passed in the first year of the reign of King James the First, intituled “ An Vulgo 2 J. 1.

act to take away the benefit of clergy from some kind of manslaughter ;" and c. 11.

an act passed in the same year, intituled “ An act to restrain all persons from

marriage until their former wives and former husbands be dead;” and an act 22 & 23 C.2. passed in the twenty-second and twenty-third years of the reign of King Charles c.l.

the second, intituled “ An act to prevent malicious maiming and wounding?" 22 & 23 C. 2.

and so much of an act passed in the same years, intituled " An act to prevent c. 11. s. 9.

the delivery up of merchant ships, and for the increase of good and serviceable

shipping,” as relates to any mariner laying violent hands on his commander, Vulgo 11 & 12

as therein mentioned ; and so much of an act passed in the eleventh year of W.3. c.7. s.18.

the reign of King William the Third, intituled " An act for the more efectual suppression of piracy,” as relates to any master of a merchant vessel, who shall

force any man on shore, or wilfully leave him behind, or refuse to bring home 9 Ann. c. 14.

any man as therein mentioned ; and so much of an act passed in the ninth year of the reign of Queen Anne, intituled “ An act for the better preventing of excessive and deceitful gaming,” as relates to the forfeiture and punishment of

any person assaulting and beating or challenging or provoking to fight any 9 Ann. c. 16.

other person on account of any money won as therein mentioned; and an act passed in the same year, intituled “ An act to make an attempt on the life of

a privy counsellor in the execution of his office to be felony without benefit of 12 G. 1. c. 34. clergy;” and so much of an act passed in the twelfth year of the reign of King s. 6.

George the First, intituled “An act to prevent unlawful combinations of

workmen employed in the woollen manufactures, and for better payment of 2 G. 2. c. 21.

their wages,” as creates any felony; and an act passed in the second year of the reign of King George the Second, intituled " An act for the trial of murders in cases where either the stroke or death only happens within that part of Great Britain called England ; and so much of an act passed in the eleventh

c. 8.

S. 8.

S. 2.

year of the same reign, intituled “ An act for punishing such persons as shall 11 G. 2. c. 22. do injuries and violences to the persons or properties of his Majesty's sub- Part of s. I jects, with intent to hinder the exportation of corn, as relates to any person and 2. who shall beat, wound, or use any other violence to any person or driver, and so much thereof as makes any second offence felony; and so much of an act passed in the twenty-second year of the same reign, intituled • An act for the 22 G. 2. c. 27. more effectual preventing of frauds and abuses committed by persons em- Part of s. 12. ployed in the manufacture of hats, and in the woollen, linen, fustian, cotton, iron, leather, fur, hemp, flax, mohair, and silk manufactures; and for preventing unlawful combinations of journeymen dyers and journeymen hotpressers, and of all persons employed in the said several manufactures, and for the better payment of their wages, as extends to the persons therein mentioned that part of the act of the twelfth year of king George the First which is hereinbefore referred to; and the whole of an act passed in the twenty-fifth year 25 G. 2. c. 37. of the reign of king George the Second, intituled, • An act for better preventing except s. 9. the horrid crime of murder,' except so far as relates to rescues and attempts and 10. to rescue; and so much of an act passsed in the twenty-sixth year of the same 26 G. 2. c. 19. Teiga, intituled 'An act for ensorcing the laws against persons who steal or s. 11. detain shipwrecked goods, and for the relief of persons suffering loss thereby,' as relates to any person who shall be assaulted, beaten, and wounded for the exercise of his duty in the salvage of any vessel, goods, or effects, as therein mentioned; and so much of an act passed in the thirtieth year of the reign of

30 G. 3. c. 48. king George the Third, intituled . An act for discontinuing the judgment which has been required by law to be given against women convicted of certain crimes, and substituting another judgment in lieu thereof, as relates to petit treason ; and so much of an act passed in the thirty-third year of the

33 G. 3. c. 67. same reigo, intituled · An act for better preventing offences in obstructing, destroying, or damaging ships or other vessels, and in obstructing seamen, keelmen, casters, and ship carpenters from pursuing their lawful occupations,' as relates to any seaman, keelman, caster, ship carpenter, or other person, who shall prevent, hinder, or obstruct, or assault, beat, wound, or do any bodily violence or hurt to any seaman, keelman, caster or ship carpenter, as therein particularly mentioned ; and an act passed in the thirty-fifth year of the same 35 G. 3. c. 67. reiga, intituled · An act for rendering more effectual an act passed in the first fear of the reign of king James the First, intituled “ An act to restrain all persons from marriage until their former wives and former husbands be dead ;*' and so much of an act passed in the thirty-sixth year of the same 36 G. 3. c. 9. teign, intituled . An act to prevent obstructions to the free passage of grain Part of s. 1. within the kingdom, as relates to any person who shall beat, wound, or use and 2. any other violence to any person or driver, and so much thereof as makes any second offence felony; and an act passed in the forty-third year of the

43 G. 3. c. 58. same reign, intituled · An act for the further prevention 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 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 murthering of bastard children,” and also an act made in Ireland in the sixth year of the reiga of the late queen Anne, also intituled " An act to prevent the destroying and murthering of bastard children,” and for making other provisions in lieu thereof;' and an act passed in the same forty-third year, inti43 G.3.c. 113. tuled · An act for the more effectually providing for the punishment of offerices in wilfully casting away, burning, or destroying ships and 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 the reigo of king Henry ibe Eighth, as far as relates to murders, to accessories to murders, and to manslaughters;'and an act passed in the fifty-fourth year of the reign of king George 54 G.3. c. 101. the Third, intituled . An act for the more effectual prevention of child-stealing,' and so much of an act passed in the fifty-eighth year of the same reign, 58 G. 3. c.38. iotitnled. An act to extend and render more effectual the present regulations s. 1. for the relief of seafaring men and boys, subjects of the United Kingdom of Great Britain and Ireland, in foreign parts,' as relates to the trial of offences against the act of king William the Third, hereinbefore mentioned; and so much of an act passed in the first year of the reign of bis present Majesty, 16. 4. c. 90, intituled 'An act to remove doubts and to remedy defects in the law, with

с

s. 2.

88.

respect to certain offences committed upon the sea or within the jurisdiction of the Admiralty,' as refers to the act or the forty-third year of the reign of

king George the Third, hereinbefore first mentioned ; and an act passed in 16.4. c. 115. the same first year, intituled . An act to repeal 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 punish

ment on certain offences therein specified, and to provide more suitable and 1 & 2 G.4.c. effectual punishment for such offences;' and so much of an act passed in the

first and second years of the present reign, intituted · An act for the amend

ment of the law of rescue, as relates to the offences of assaulting, beating, 3 G. 4. c. 38. and wounding therein mentioned ; and an act passed in the third year

of the present reign, intituled · An act for the further and 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 3G.4.c. 114. felonies;' and so much of an act passed in the same year, intituled . An act

to provide for the more effectnal punishment of certain offences by imprisonment with hard labour,' as relates to any of the assults therein mentioned; shall continue in force until and throughout the last day of June in the present year, and shall froni 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 committed before or upon the said last day of June, which shall be

dealt with and punished as if this act had not been passed ; and this act shall Commence- commence and take effect (except as is hereinbefore excepted) on the first day ment of this

of July in the present year, Act.

II. And be it enacted, That every offence, which before the commencement Petit Treason of this açt would have amounted to petit treason, shall be deemed to be murder to be treated only, and no greater offence; and all persons guilty in respect thereof, whether in all respects as principals or as accessories, shall be dealt with, indicted, tried, and puas Murder.

nished as principals and accessories in murder. Punishment of III. And be it enacted, That every person convicted of murder, or of being Frinc'pals and an accessory before the fact to murder, shall suffer death as a felon ; and every Accessories in accessory after the fact to murder shall be liable, at the discretion of the Murder.

couit, to be transported beyond the seas for life, or to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term

not exceeding four years. Period of Ex- IV. And be it enacted, That every person convicted of murder shall be exeecution and cuted according to law on the day next but one after that on which the senMarks of in- tence shall be passed, unless the same shall happen to ve Sunday, and in that famy. case on the Monday following; and the body of every murderer shall after

execution, either be dissected or hung in chains, as to the court shall seeni Sentence to be meet; and sentence shall be pronounced inmediately after the conviction of pronounced every murderer, unless the court shall see reasonalile cause for postponing immediately. the same; and such sentence shall express not only the usual judgment of

death, bui also the time hereby appointed for the execution thereof, and that

the body of the offender shall be dissected or hung in chains, whichsoever of power to

the two the court shall order: provided always, that after such sentence shall respite. have been pronounced, it shall be lawful for the court or judge to stay the exe

cution thereof, if such court or judge shall so think fit. As to the Dis- V. And be it enacted, That whenever dissection shall be ordered by such section of the sentence, the body of the murderer, if executed in the county of Middlesex or Bodies of city of London, shall be immediately conveyed by the sheriff or sheriffs, or his Murderers. or their officers, to the hall of the Surgeon's Company, or to such other place

as the said company shall appoint, and shall be delivered to such person as the said company shall appoint, for the purpose of being dissected ; and the body of the murderer, if executed elsewhere, shall in like manner be delivered to such surgeon as the court or judge shall direct, for the same

purpose. Prison Regu.

VI. And be it enacted, that every person convicted of murder shall, after lations as to judgment, be confined in some place within the prison, apart from all other Murderers prisoners, and shall be fed with bread and water only, and with no other food under sen- or liquor, except in case of receiving the sacrament, or in case of any sicktence. ness or wound, in which case the surgeon of the prison may order other ne

cessaries to be administered ; and no person but the gaoler and his servants,

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