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the steward, 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 nothing 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 C. 8.

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 c. 8.

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 &

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. ll. 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 mentio

1. as therein mentioned ; and so much of an act passed in the eleventh year of w3 is the reign of King William the Third, intituled “ An act for the more eftectual

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 s. 8.

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

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

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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.1 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 50 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 presenting 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 hereipbefore 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. reiga, intituled “ An act for enforcing 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 90 C3.As. 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 2202 same reign, intituled. An act for better preventing offences in obstructing, destroying, or damaging ships or other vessels, and in obstructing seamen, keelmea, 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. reign, intituled An act for rendering more effectual an act passed in the first jcar of the reign of king James the First, jutituled “ 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. reign, 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 12. 6. 2 5e 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, inti. 436.3. 113. tuled . An act for the more effectually providing for the punishment of offences 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 reign of king Henry the 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 the Third, intituled "An act for the more effectual prevention of child-steal- 34

al prevention of child 54 G.3. c. 101. ingz' and so much of an act passed in the fifty-eighth year of the same reign, 58 G. 3. c. 38. intitnled '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, la 20. intituled An act to remove doubts and to remedy defects in the law, with 5.2:

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

king George the Third, hereinbefore first mentioned ; and an act passed in 19.4. 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 punishment on certain offences therein specified, and to provide more suitable and

effectual punishment for such offences;' and so much of an act passed in the 88.

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 effectual 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 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 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. pished 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 tò 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.

court, 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 be Sunday, and in that

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 seem Sentence to be meet; and sentence shall be pronounced immediately after the conviction of pronounced

every murderer, unless the court shall see reasonable cause for postponing immediately.

the same; and such sentence shall express not only the usual judgment of death, but 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 necessaries to be administered ; and no person but the gaoler and his servants,

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and the chaplain and surgeon of the prison, shall have access to any such convict, withoui the permission in writing of the court or judge before whom such convict shall have been tried, or of the sheriff or his deputy: provided always, that in case the court or judge shall think fit to respite the execution of such convict, such court or judge may, by a licence in writing, relax, during the period of the respite, all or any of the restraints or regulations hereinbefore directed to be observed.

VII. And be it enacted, That if any of his Majesty's subjects shall be British subcharged in England with any murder or manslaughter, or with being acces. jects may be sory before the fact to any murder, or after the fact to any murder or man- tried in Engslaughter, the same being respectively committed on land out of the United land for murKingdom, whether within the King's dominions or without, it shall be lawful der or manfor any justice of the peace of the county or place where the person so charged su shall be, to take cognizance of the offence so charged, and to proceed therein

committed as if the same had been committed within the limits of his ordinary jurisdic

abroad. tion; and if any person so charged shall be committed for trial, or admitted to bail to answer such charge, a commission of oyer and terminer under the great seal shall be directed to such persons, and into such county or place as shall be appointed by the Lord Chancellor, or Lord Keeper or Lords Commissioners of the great seal, for the speedy trial of any such offender; and such persons shall have full power to enquire of, hear, and deterinine all such offences, within the county or place limited in their commission, by such good and lawful men of the said county or place as shall be returned before them for that purpose, in the same manner as if the offences had been actually committed in the said county or place: provided always, that if any peers of the Proviso. realm, or persons entitled to the privilege of peerage, shall be indicted of any such offences, by virtue of any commission to be granted as aforesaid, they shall be tried by their peers in the manner heretofore used: provided also, that nothing herein contained shall prevent any person from being tried in any place out of this kingdom for any murder or manslaughter coinmitted out of this kingdom, in the same manner as such person might have been tried before the passing of this act.

VIII. And be it enacted, That where any person being feloniously stricken, Provision for poisoned, or otherwise hurt upon the sea, or at any place out of England, the trial of shall die of such stroke, poisoning, or hurt in England, or being feloniously murder and stricken, poisoned, or otherwise hurt at any place in England, shall die of manslaughter,

where the soch stroke, poisoning, or hurt, upon the sea, or at any place out of England,

4; death, or the

och every offence committed in respect of any such case, whether the same shall

shall cause of death amount to the offence of murder or of manslaughter, or of being accessory only, bappens before the fact to murder, or after the fact to murder or manslaughter, may in England. be dealt with, enquired of, tried, determined and punished in the county or place in England in which such death, stroke, poisoning, or hurt shall happen, in the same manner, in all respects, as if such offence had been wholly committed in that county or place.

IX. And be it enacted, That every person convicted of manslaughter shall Punishment of be liable, at the discretion of the Court, to be transported beyond the seas for manslaughter. life, or for any term not less than seven years, or to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding four years, or to pay such fine as the Court shall award.

X. Provided always, and be it enacted, That no punishment or forfeiture As to homishall be incurred by any person who sball kill another by misfortune or in his cide not feloown defence, or in any other manner without felony.

nious. XI. And be it euacied, That if any person unlawfully and maliciously shall Attempts to administer or attempt to administer to any person, or shall cause to be taken murder, when by any person, any poison or other destructive thing, or shall unlawfully and evidenced by maliciously attempt to drown, suffocate, or strangle any person, or shall un- certain acts, lawfully and maliciously shoot at any person, or shall, by drawing a trigger, shall be caor in any other manner, attempt to discharge any kind of loaded arms at any pital person, or shall unlawfully and maliciously stab, cut, or wound any person, with intent, in any of the cases aforesaid, to murder such person, every such offender, and every person counselling, aiding, or abetting such offender, shall be guilty of felony, and being convicted thereof, shall suffer death as a felon.

XII. And be it further enacted, That if any person unlawfully and mali- Shooting at, ciously shall shoot at any person, or shall, by drawing a trigger, or in any or stabbing, other manner, attempt to discharge any kind of loaded arms at any person, or cutting, or

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rounding any shall unlawfully and maliciously stab, cut, or wound any person, with intent, person, with in any of the cases aforesaid, to maim, disfigure, or disable such person, or to intent to do some other grievous bodily harm to such person, or with intent to resist or maim, &c. prevent the lawful apprehension or detainer of the party so offending, or of shall be capi- any of his accomplices, for any offence for which he or they may respectively tal, provided be liable by law to be apprehended or detained, every such offender, and the case would every person counselling, aiding, or abetting such offender, shall be guilty of have been

felony, and being convicted thereof, shall suffer death as a felon: provided murder if death had en

always, that in case it shall appear, on the trial of any person indicted for any of the offences above specified, that such acts of shooting, or of attempting to discharge loaded arms, or of stabbing, cutting, or wounding as aforesaid, were committed under such circumstances, that if death had ensued therefrom, the same would not in law have amounted to the crime of murder, in every such

case the person so indicted shall be acquitted of felony. Administering

XIII. And be it enacted, That if any person, with intent to procure the mispoison or using carriage of any woman then being quick with cbild, uplawfully and inaliany means to ciously shall adıninister to her, or cause to be taken by her, any poison or procure the other noxious thing, or shall use any instrument or other means whatever miscarriage of with the like intent, every such offender, and every person counselling, aiding, a woman or abetting such offender, shall be guilty of felony, and being convicted quick with thereof, shall suffer death as a felon; and if any person, with intent to procure child.

the miscarriage of any woman not being, or not being proved to be, then The like as to quick with child, unlawfully and maliciously shall administer to her, or cause a woman not

to be taken by her, any medicine or other thing, or shall use any instrument quick with

or other means whatever with the like intent, every such offender, and every child.

person counselling, aiding, or abetting 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 any term not exceeding fourteen years nor less than seven years, or to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding three 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. A woman se XIV. And be it enacted, That if any woman shall be delivered of a child, creting the and shall, by secret burying or otherwise disposing of the dead body of the dead body of said child, endeavour to conceal the birth thereof, every such offender shall be her child, to guilty of a misdemeanor, and being convicted thereof, shall be liable to be imconceal the

prisoned, with or without hard labour, in the common gaol or house of corfact of its

rection, for any term not exceeding two years; and it shall not be necessary birth, guilty

to prove whether the child died before, at, or after its birth : provided always, of misde

that if any woman tried for the murder of her child shall be acquitted thereof, meanor.

it chall be lawful for the jury, by whose verdict she shall be acquitted, to find, Proviso.

in case it shall so appear in evidence, that she was delivered of a child, and that she did, by secret burying or otherwise disposing of the dead body of such child, endeavour to conceal the birth thereof, and thereupon the Court may pass such sentence as if she had been convicted upon an indictment for the

concealment of the birth. Sodomy. XV. And be it enacted, That every person convicted of the abominable

crime of buggery, committed either with mankind or with any animal, shall

suffer death as a felon. Rape.

XVI. And be it enacted, That every person convicted of the crime of rape

shall suffer death as a felon. Carnal know- XVII. And be it enacted, That if any person shall unlawfully and carnally ledge of a girl know and abuse any girl under the age of ten years, every such offender shall under ten, the be guilty of felony, and being convicted thereof, shall suffer death as a felon; like of a girl, and if any person shall unlawfully and carnally know and abuse any girl, being

hd above the age of ten years and under the age of twelve years, every such ofbelow twelve.

fender shall be guilty of a misdemeanor, and being convicted thereof, shall be Jiable to be imprisoned, with or without hard labour, in the common gaol or

house of correction, for such term as the Court shall award. What shall be XVIII. And whereas upon trials for the crimes of buggery and of rape, and sufficient proof of carnally abusing girls under the respective ages hereinbefore mentioned, of carnal offenders frequently escape by reason of the difficulty of the proof which has knowledge in been required of the completion of those several crimes ; for remedy thereof the four pre- be it enacted, That it shall not be necessary, in any of those cases, to prove ceding cases. the actual emission of seed in order to constitute a carnal knowledge, but that

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