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and the chaplain and surgeon of the prison, shall have access to any such conviet, 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 mur

der or manKingdom, whether within the King's dominions or without, it shall be lawful for any justice of the peace of the county or place where the person so charged

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committed shall be, to take cognizance of the offence so charged, and to proceed therein

abroad. as if the same had been committed within the limits of his ordinary jurisdiction; 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 inanslaughter committed 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, soch stroke, poisoning, or hurt, upon the sea, or at any place out of England, death, or the every offence committed in respect of any such case, whether the same 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 Dot 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 shall kill another by misfortune or in his cide not feloown defence, or in any other manner without felony.

nious. XI. And be it enacied, 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 loailed 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 suiler death as a felon.

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

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shall unlawfully and maliciously stab, cut, or wound any person, with intent,
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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 sued.

of the offences above specified, that such acts of shooting, or of attempting to
discharge loaded arns, 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 mis-
poison or using carriage of any woman then being quick with child, unlawfully and mali-
any means to ciously shall administer to her, or cause to be taken by her, any poison or

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,

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

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 seo 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 im-
conceal 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,

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 oftender 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 above ten and 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 requently 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 carpal knowledge, but that

meanor.

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the carnal knowledge shall be deemed complete upon proof of penetration only.

XIX. And be it enacted, that where any woman shall have any interest, forcible abwhether legal or equitable, present or future, absolute, conditional, or con- duction of a tingent, in any real or personal estate, or shall be an heiress presumptive or woman on acDext of kin to any one having such interest, if any person shall, from motives count of her of lucre, take away or detain such woman against her will, with intent to fortune, with marry or defile her, or to cause her to be married or defiled by any other per- intent to son, every such offender, and every person counselling, aiding, or abetting marry her, &c. such offender, shall be guilty of felony, and being convicted thereof, shall be liable to be transported beyond the seas for 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.

XX. And be it enacted, that if any person shall unlawfully take, or cause Unlawful abto be taken, any unmarried girl, being under the age of sixteen years, out of duction of a the possession and against the will of her father or mother, or of any other girl from her person having the lawful care or charge of her, every such offender shall be parents or guilty of a misdemeanor, and being convicted thereof, shall be liable to suffer guardians. such punishment, by fine or imprisonment, or by both, as the Court shall award.

XXI. And be it enacted, that if any person shall maliciously, either by force Child-stealor fraud, lead or take away, or decoy or entice away, or detain, any child un- ing. der the age of ten years, with intent to deprive the parent or parents, or any other person having the lawful care or charge of such child, of the possession of such child, or with intent to steal any article upon or about the person of such child, to whomsoever such article may belong; or if any person shall, with any such intent as aforesaid, receive or harbour any such child, knowing the same to have been, by force or fraud, led, taken, decoyed, enticed away, or detained as hereinbefore mentioned ; every such offender, and every person counselling, aiding, or abetting such offender, shall be guilty of felony, and being convicted thereof, shall be liable to be transported beyond the seas for the term of seven years, or to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding two years, and, if a male, to be once, twice, or thrice publicly or privatelywhipped (if the Court shall so think fit,) in addition to such imprisonment: provided always, Not to extend that no person who shall have claimed to be the father of an illegitimate child, to fathers takor to have any right to the possession of such child, shall be liable to be pro- ing their illesecuted by virtue hereof, on account of his getting possession of such child, gitimate childor taking such child out of the possession of the mother, or any other person having the lawful charge thereof.

XXII. And be it enacted, that if any person, being married, shall marry any Bigamy. other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or elsewhere, every such offender, and every person counselling, aiding, or abelting such offender, shall be guilty of felony, and being convicted thereof, shall be liable to be transported beyond the seas for the term of seven years, or to be imprisoned, with or without bard labour, in the common gaol or bouse of correction, for any term not exceeding two years; and any such offence may be dealt with, enquired of, Place of trial. tried, determined, and punished in the county where the offender shall be apprehended or be in custody, as if the offence had been actually committed in that county: provided always, that nothing herein contained shall extend to Exceptions. any second marriage contracted out of England by any other than a subject of his Majesty, or to any person marrying a second time, whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time, or shall extend to any person who at the time of such second marriage shall have been divorced froin the bond of the first marriage, or to any person whose former marriage shall have been declared void by the sentence of any Court of competent jurisdiction.

XXIII. And be it enacted, that if any person shall arrest any clergyman Arresting a upon any civil process, while he shall be performing divine service, or shall, clergyman. with the knowledge of such person, be going to perform the same, or return- during divine ing from the performance thereof, every such offender shall be guilty of a mis- service. demeanor, and being convicted thereof, shall suffer such punishment, by fine or imprisonment, or by both, as the Court shall award.

ren.

Punishment XXIV. And be it enacted, that if any person shall assault and strike or for assaults on wound any magistrate, officer, or other person whatsoever lawfully authorized, officers, &c. on account of the exercise of his duty in or concerning the preservation of for their en- any vessel in distress, or of any vessel, goods, or effects wrecked, stranded, or deavours to cast on shore, or lying under water, every such offender, beivg convicted save ship

thereof, shall be liable to be transported beyond the seas for the term of seven wrecked pro

years, or to be imprisoned, with or without hard labour, in the common gaol perty.

or house of correction, for such term as the Court shall award. Assaults with XXV. And be it enacted, that where any person shall be charged with and intent to com- convicted of any of the following offences as misdemeanors; that is to say, of mit felony; any assault with intent to commit felony; of any assault upon any peace ofassaults on ficer or revenue officer in the due execution of his duty, or upon any person peace officers; acting in aid of such officer; of any assault upon any person with intent to reor to prevent sist or prevent the lawful apprehension or detainer of the party so assaulting, the arrest of offenders; or

or of any other person, for any offence for which he or they may be liable by in pursuance

law to be apprehended or detained ; or of any assault committed in pursuance of a conspi.

of any conspiracy to raise the rate of wages; in any such case the Court may racy to raise

sentence the offender to be imprisoned, with or without bard labour, in the wages; pu

common gaol or house of correction, for any term not exceeding two years, nishable with and may also (if it shall so think fit) fine the offender, and require him to find hard labour. sureties for keeping the peace. Assault on any

XXVI. And be it enacted, that if any person shall unlawfuily and with force seaman, &c. to hinder any seaman, keelman, or caster from working at or exercising his lawprevent him

ful trade, business, or occupation, or shall beat, wound, or use any other viofrom working; lence to him, with intent to deler or hinder him from working at or exercising assaults with the same; or if any person shall beat, wound, or use any other violence to any intent to ob

person, with intent to deter or binder him from selling or buying any wheat struct the

or other grain, flour, meal, or malt, in any market or other place, or shall buying or sel

beat, wound, or use any other violence to any person having the care or charge ling of grain,

of or its free

wheat or other grain, flour, meal, or inalt, whilst on its way to or from

any passage; pu

any city, market town, or other place, with intent to stop the conveyance of nishable be

the same, every such offender may be convicted thereof before two justices of fore two ma

the peace, and imprisoned and kept to hard labour in the common gaol or gistrates, with house of correction, for any term not exceeding three calendar months: proimprisonment vided always, that no person, vho shall be punished for any such offence by not exceeding virtue of this provision, shall be punished for the same offence by virtue of three months. any other law whatsoever. Persons com

XXVII. And whereas it is expedient that a summary power of punishing mitting any

persons for common assaults and batteries should be provided under the limit

ations hereinafter mentioned; be it therefore enacted, that where any person sault or bat- shall unlawfully assault or beat any other person, it shall be lawful for two tery may be

justices of the peace, upon complaint of the party aggrieved, to hear and decompelled by termine such offence, and the otlender, upon conviction thereof before them, two magis

shall forfeit and pay such fine as shall appear to them to be meet, not exceedtrates to pay fine and costsing, together with costs (if ordered,) the sum of five pounds, which fine shall not exceeding be paid to some one of the overseers of the poor, or to some other officer of 51.

the parish, township, or place in which the offence shall have been committed, Application of

to be by such overseer or officer paid over to the use of the general rate of the the fine.

county, riding, or division in which such parish, township, or place shall be

situate, whether the same shall or shall noi contribute to such general rate ; Commitment

and the evidence of any inhabitant of the county, riding, or division shall be on nonpay- admitted in proof of the offence, notwithstanding such application of the fine

incurred thereby; and if such fine as shall be awarded by the said justices, together with the costs (if ordered,) shall not be paid, either immediately after the conviction, or within such period as the said justices shall at the time of the conviction appoint, it shall be lawful for them to commit the offender to the common gaol or house of correction, there to be imprisoned for any term

not exceeding two calendar mouths, unless such fine and costs be sooner paid ; If the magis- but if the justices, upon the hearing of any such case of assault or battery, trates dismiss shall deem the offence not to be proved, or shall find the assault or battery to the complaint,

have been justified, or so trilling as not to merit any punishment, and shall acthey shall make out a

cordingly dismiss the complaint, they shall forth with make out a certificate certificate to

under their hands, stating the fact of such dismissal, and shall deliver such that effect. certificate to the party against whom the complaint was preferred. XXVIII. And be it enacted, That if any person against whom any

suh

common as

ment.

cases, &c.

complaint shall have been preferred for any common assault or battery, shall Such certifihave obtained such certificate as aforesaid, or having been convicted shall cate or conhave paid the whole amount adjudged to be paid under such conviction, or

viction shall shall have suffered the imprisonment awarded for non-payment thereof, in be a bar to every such case he shall be released from all further or other proceedings, aux hinder procivil or criminal, for the same cause.

ceedings. XXIX. Provided always, and be it enacted, That in case the justices shall These provi

sions not to find the assault or battery complained of to have been accompanied by any attempt to commit felony, or shall be of opinion that the same is, from any

apply to ag

gravated other circumstance, a fit subject for a prosecution by indictment, they shall abstain from any adjudication thereupon, and shall deal with the case in all respects in the same manner as they would have done before the passing of this act: Provided also, that nothing herein contained shall authorize any justices of the peace to hear and determine any case of assault or battery in which any question shall arise as to the title to any lands, tenements, or hereditaments, or any interest therein or accruing therefrom, or as to any bankruptcy or insolvency, or any execution under the process of any court of justice.

XXX. And be it enacted, That if any master of a merchant vessel shall, Punishment during his being abroad, force any man on shore, or wilfully leave him be- for the master hind in any of his Majesty's colonies or elsewhere, or shall refuse to bring of a merchant home with him again all such of the men whom he carried out with him, as

vessel forcing are in a condition to return when he shall be ready to proceed on his home- a seaman on ward-bound vcyage, every such master shall be guilty of a misdemeanor, and shore, or re

fusing to being lawfully convicted thereuf, shall be imprisoned for such term as the

bring him Court shall award; and all such offences may be prosecuted by indictment or home. by information, at the suit of his Majesty's Attorney-General, in the Court of King's Bench, and may be alleged in the indictment or information to have

Mode of trial,

&c. been committed at Westminster in the county of Middlesex; and the said Court is hereby authorized to issue one or more commissions, if necessary, for the examination of witnesses abroad ; and the depositions taken under the same shall be received in evidence on the trial of every such indictment or information.

XXXI. And be it enacted, That every accessory before the fact to any fe- Provision for lony punishable under this act, for whom no punishment has been herein- accessories to before provided, shall be liable, at the discretion of the Court, to be trans- offences aported beyond the seas for any term not exceeding fourteen years nor less gainst this than seven years, or to be imprisoned, with or without hard labour, in the act. common gaol or house of correction, for any term not exceeding three years; and every accessory after the fact to any felony punishable under this act (except murder) shall be liable to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding two years ; and every person who shall counsel, aid, or abet the compiission of any misdemeanor punishable under this act, shall be liable to be proceeded against and punished as a principal offender.

XXXII. And be it enacted, That all indictable offences mentioned in this as to offences act, which shall be committed within the jurisdiction of the Admiralty of against this England, shall be deemed to be offences of the same nature, and liable to the act committed same punishments, as if they had been committed upon the land in England, at sea. and may be dealt with, enquired of, tried, and determined in the same man- Not to affect Der as any other offences committed within the jurisdiction of the Admiralty the laws relatof England : Provided always, that nothing herein contained shall alter or ing to the affect any of the laws relating to the government of his Majesty's land or na- forces. val forces.

XXXIII. And for the more effectual prosecution of offences punishable Provision for upon summary conviction by virtue of ihis act, be it enacted, That where offences aany person shall be charged on the oath of a credible witness before any jus- gainst this tice of the peace with any such offence, the ju-tice may summon the person act punishcharged to appear before any two justices of the peace at a time and place to able on sumbe named in such summons, and if he shall not appear accordingly, then mary convic(upon proof of the due service of the summons upon such person by delivering the same to him) the justices may either proceed to hear and determine the case ex parte, or may issue their warrant for apprehending such person and bringing him before them; or the justice before whom the charge shall be

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