day of

6 the

made may (if he shall so think fit) issue such warrant in the first instance,

without any previous summons. Time for sum- XXXIV. Provided always, and be it enacted, That the prosecution for mary proceed- every offence punishable on summary conviction by virtue of this act shall be ings.

commenced within three calendar months after the commission of the of

fence, and not otherwise.
Form of con- XXXV. And be it enacted, That the justices before whom any person shall
viction.

be summarily convicted of any offence against this act may cause the convic-
tion to be drawn up in the following form of words, or in any other form of
words to the same effect, as the case shall require; (that is to say,)
• Be it remembered, That on the

in the
year of our Lord

at

in the county of

(or riding, division, liberty, city, etc. as the • case may be], A. O. is convicted before us (naming the justices), two of

his Majesty's justices of the peace for the said county, (or riding, etc.], for
• that be the said A. O. did (specify the offence, and the time and place when

and where the same was committed, as the case may be]; and we the said
justices adjudge the said A. O. for his said offence to be imprisoned in

and there kept to hard labour for the space
(of

[or, we adjudge the said A. O. for his said offence to
• forfeit and pay the sum of ] [here state the amount of the fine imposed},
. and also to pay the sum of

for costs; and in default
• of immediate payment of the said sums, to be imprisoned in the
· for the space of

unless the said sums shall be sooner
paid ; [or, and we order that the said sums shall be paid by the said A. O.
on or before the

day of

1, and we direct " that the said sum of

[i. e. the amount of the fine] shall be ' paid to

of

aforesaid, in which • the said offence was committed, to be by him applied according to the di' rections of the statute in that case made and provided ; and we order that • the said sum of

for costs shall be paid to C. D. [the * party aggrieved]. Given under our hands the day and year first above

mentioned. No ccrtiorari,

XXXVI. And be it enacted, That no such conviction shall be quashed for &c.

want of form, or be removed by certiorari or otherwise into any of his Ma-
jesty's superior courts of record; and no warrant of commitment shall be
held void by reason of any defect therein, provided it be therein alleged that
the party has been convicted, and there be a good and valid conviction to

sustain ihe same.
Not to rep XXXVII. Provided always, and be it enacted, That nothing in this act
any act relat- contained shall affect or alter any act, so far as it relates to the crime of high
ing to high treason, or to any branch of the public revenue, or shall affect or alter any
treason, the

act for the prevention of smuggling, or any part of the act passed in the revenue, or

sixth year of the present reign, intituled " An act to repeal the laws relating combinations.

to the combination of workmen, and to make other provisions in lieu

thereof. Not to extend XXXVIII. Provided also, and be it enacted, That nothing in this act conto Scotland or tained shall extend to Scotland or Ireland. Ireland.

An Act for repealing various Statutes in England relative to the Bc

nefit of Clergy, and to Larceny and other Offences connected there-
with, and to malicious Injuries to Property, and to Remedies against
the Hundred.

[21st June 1827.]

WAEREAS it is expedient to repeal various statutes now in force in that part of
the United Kingdom called England, relative to the benefit of clergy; and it
is also expedient to repeal various statutes relative to larceny, and other of-
fences of stealing, and to burglary, robbery, and threats for the purpose of
robbery or of extortion, and to embezzlement, false pretences, and the receipt
of stolen property, in order that the provisions contained in those statutes
may be amended and consolidated into one act; and it is also expedient
with the same view to repeal various statutes relative to malicious injuries to
property ; and also with the same view to repeal various statutes relative to
remedies against the hundred: Be it therefore enacted by the King's most Ex-
cellent Majesty, by and with the advice and consent of the Lords spiritual
and temporal, and Commons, in this present parliament assembled, and by
the authority of the same, That so much of a charter or statute made in the
ninth year of the reign of king Henry the Third, commonly called Charta de 9 H. 3. st. 2.
Foresia, as relates to the punishment for taking the King's venison ; and so c. 10.
much of a statute made at Westminster in the third year of the reign of king 3 Ed. 1. c. 2
Edward the First, as relates to clerks taken for guilty of felony, and to tres- & 20.
passers in parks and ponds; and so much of a statute made at Westminster in
the thirteenth year of the same reigo, as ordains that the towns near adjoin- 13 Ed. 1. st. 1.
ing shall be distrained to levy at their own cost a hedge or dyke overthrown, c. 46.
and to yield damages ; and the whole of a statute made in the same year, in- 13 Ed. 1. st. 2.
tituled “ Statutum Winton,” except so much thereof as forbids fairs and mar-
kets being kept in churchyards; and a statute made in the twenty-first year of 21 Ed. 1. st. 2.
the same reign, intituled “ Statutum de Malefactoribus in Parcis ;” and so
much of a statute made in the first year of the reign of king Edward the 1 Ed. 3. st. 1.

e. 14.

Third, as relates to trespasses in the King's forests of vert and venison; and 25 Ed. 3. st. 5. so much of a statute made in the twenty-fifth year of the same reign, inti(vulgo st.3.) tuled “ Ordinatio pro Clero," as relates to clerks convicted of treasons or fec. 4, 5.

lonies, and to the arraignment of clerks; and so much of a statute made in 28 Ed. 3. c. 11. the twenty-eighth year of the same reign, as relates to making cry and fresh

suit, and to hundreds and franchises being answerable as therein mentioned; 34 Ed. 3. c. 22. and so much of a statute made in the thirty-fourth year, and of another sta37 Ed.3. c. 19. tute made in the thirty-seventh year of the same reign, as relates to hawks ; 8 H, 6. c. 12.

and so much of a statute made in the eighth year of the reign of king Henry s. 3.

the Sixth, as relates to the offences of stealing, taking away, withdrawing, or

avoiding of any record or other like thing therein mentioned ; and so much 33 H. 6. c. 1. of a statute made in the thirty-third year of the same reign, as relates to ser

vants taking and spoiling the goods of their masters after their death; and an 1 H. 7. c. 7.

act passed in the first year of the reign of king Henry the Seventh, intituled

" An act against unlawful hunting in forests and parks;” and an act passed in 4 H. 7. c. 13. the fourth year of the same reign, intituled “ An act to take away the benefit 21 H. 8. c. 7. of clergy from certain persons ;” and an act passed in the twenty-first year of

the reign of king Henry the Eighth, intituled “ An act for the punishment of
such servants as shall withdraw themselves, and go away with their masters' or

mistresses' caskets and other jewels or goods committed to them in trust to be 21 H. 8. c. 11. kept;" and an act passed in the same year, intituled “ An act for restitution

to be made of the goods of such as shall be robbed by felons;” and an act 23 H. 8. c. 1. passed in the twenty-third year of the same reign, intituled “ An act that po

person committing petty treason, murder, or felony, shall be admitted to his 23 H. 8. c. 11. clergy under subdeacon;" and an act passed in the same year, intituled " An 31 H. 8. c. 2.

act for breaking of prison by clerks convict;" and an act passed in the thirty,

first year of the same reign, intituled “ An act against fishing in ponds;" and 33 H. 8. c. 1. an act passed in the thirty-third year of the same reign, intituled " An act

concerning counterfeit letters, or privy tokens, to receive money or goods in 34 & 35 H. 8. other men's names;” and an act passed in the thirty-fourth and thirty-fifth

years of the same reign, intituled “ An act for a certificate of convicts to be 35 H. 8. c. 17. made into the King's Bench ;” and an act passed in the thirty-fisth year of the

same reign, intituled “ An act for the preservation of woods;” and an act 37 H. 8. c. 6. passed in the thirty-seventh year of the same reign, intituled “ An act against 37 H. 8. c. 8.

burning of frames;” and so much of an act passed in the same year, intituled
“ An act that an indictment lacking these words, Vi et armis, shall be suffi-

cient in law,” as relates to persons stealing any horse, gelding, mare, foal, or 1 Ed. 6. c. 12. filley; and so much of an act passed in the first year of the reign of king Eds. 10, 14. ward the Sixth, intituled “ An act for the repeal of certain statutes concern

ing treasons, felonies, &c.,” as relates to house-breaking, robbing, horse

stealing, and sacrilege, and to the allowance of the benefit of clergy in any 2 & 3 Ed. 6. case therein mentioned ; and an act passed in the second and third years of

the same reign, intituled “ An act that no man stealing horse or horses shall 5 & 6 Ed. 6.c. enjoy the benefit of his clergy ;” and an act passed in the fifth and sixth years 9.

of the same reign, intituled * An act that no man robbing any house, booth,

or tent, shall not be admitted to the benefit of his clergy;" and so much of 4 & 5 P. & M. an act passed in the fourth and fifth years of the reign of king Philip and

queen Mary, intituled " An act that accessories in murder and divers felonies

shall not have the benefit of clergy," as relates to accessories to any robbery 5 Eliz. c. 10. or burning therein mentioned ;” and an act passed in the fifth year of the

reign of queen Elizabeth, intituled “ An act reviving a statute made anno 21

H. 8. touching servants embezzling their masters' goods;" and another act 5 Eliz. c. 21. passed in the same fifth year, intituled " An act for the punishment of unlaw8 Eliz. c. 4.

ful taking of fish, deer, or hawks ;” and an act passed in the eighth year of
the same reign, intituled “An act to take away the benefit of clergy from

certain felonious oftenders ;" and so much of an act passed in the thirteenth 13 Eliz. c. 25.

year of the same reign, intituled “ An act for the reviving and continuance of s. 3, 18, 19,

certain statutes," as alters and perpetuates the act of the thirty-fifth year of

the reign of king Henry the Eighth hereinbefore recited ; and so much of an 18 Eliz. c. 7. act passed in the eighteenth year of the reign of queen Elizabeth, intituled

“ An act to take away clergy from the offenders in rape and burglary, and an
order for the delivery of clerks convict without purgation,” as relates to bur-

glary, and to persons admitted to the benefit of clergy; and an act passed in 27 Eliz.c. 13. the twenty-seventh year of the same reign, intituled "An act for the follow31 Eliz. c. 4. ing of hue and cry” and an act passed in the thirty-first year of the same

S. 2.

c. 33.

C. 4.

법

reign, intituled "An act against embezzling of armour, habiliments of war, and victual ;” and so much of an act passed in the same year, intituled “ An 31 Eliz. c. 12. act to avoid horse-stealing," as enacts that all accessories to horse-stealing s.5. shall be deprived of the benefit of clergy; and an act passed in the thirtyninth year of the same reign, intituled ** An act that no person robbing any

39 Eliz. c. 15. house in the day-time, although no person be therein, shall be admitted to have the benefit of his clergy; and an act passed in the forty-third year of the same reign, intituled An act to avoid and prevent divers misdemeanors 43 Eliz. c. 7. in lewd and idle persons;” and an act passed in the same year, intituled " An

43 Eliz, c. 13. act for the more peaceable government of the parts of Cumberland, Northumberland, Westmoreland, and the bishoprick of Durham ;” and so much of an act passed in the second year of the reign of king James the first, intituled

+ sic, * An act for the better execution of the intent and meaning of former sta- 2 Jac. 1. c. 27. tutes made against shooting int guns, and for the preservation of the game

of

recognized as pheasants and partridges, and against the destroying of hares with hare pipes, existing in and tracing bares in the snow,” as relates to house doves, pigeons, and deer; 2 G. 3. c. 29. and an act passed in the third year of the same reign, intituled “ An act 3 Jac. 1. c. 13. against unlawful bunting and stealing of deer and conies ;” and an act passed (This act and in the seventh year of the same reign, for the explanation of the last-men- the next are tioned act; and an act passed in the fifteenth year of the reign of King Charles recognized as the Second, intituled “ An act for the punishment of unlawful cutting or steal- existing in 16 ing or spoiling of wood and underwood, and destroying of young timber 6.3.c.30.] trees;" and an act passed in the twenty-second year of the same reign, inti- 7 Jac. I. c. 13. tuled “ An act for taking away the benefit of clergy from such as steal cloth 15 Car. 2. c. 2. from the rack, and from such as shall steal his Majesty's ammunition and 22 Car. 2. c. 5. stores;" and an act passed in the twenty-second and twenty-third years of the same reign, intituled "An act to prevent the malicious burning of houses, 22 & 23 Car. 2. stacks of corn and hay, and killing or maiming of cattle ;” and so much of an

c.7. act passed in the same years, intituled “ An act to prevent the delivery up of 22 & 23 Car. 2. merchants ships, and for the increase of good and serviceable shipping,” as c. 11. s. 12. relates to the wilful destruction of any ship by any of the persons belonging to it, as therein mentioned ; and an act passed in the same years, intituled "An act for the better preservation of the game, and for securing warrens not 22 & 23 Car. 2. inclosed, and the several fishings of this realm,” so far as relates to all subjects c. 25. therein mentioned, except the appointment and powers of gamekeepers, except s. I to 3. search warrants, and the description of persons, who are thereby declared to be persons not allowed to have or keep for themselves or any other person any guns, bows, greyhounds, or other animals or things therein enumerated; and an act passed in the third year of the reign of King William and Queen Mary, 3 W.& M.c.9. intituled “ An act to take away clergy from some offenders, and to bring others to punishment;" and so much of an act passed in the fourth year of the 4 W. & M. c. same reign, intituled “ An act for the more easy discovery and conviction of 23. such as shall destroy the game of this kingdom,” as relates to pigeons and fish, and to persons wrongfully fishing, and to all instruments and engines for destroying or taking fish, and to the burning of any grig, ling, heath, furze, şoss, or fern ; and so much of an act passed in the fourth year of same reign, intituled "An act for reviving, continuing, and explaining several laws therein 4 W. & M. c. mentioned, which are expired and near expiring," as explains the said recited 24. s. 13. act of the third year of the same reign ; and the whole of an act passed in the tenth year of the reign of King Wiliam the Third, intituled • An act for the 10 W. 3. c. 12. better apprehending, prosecuting, and punishing of felons that commit bur- (vulyo 10 & 11 glary, house-breaking, or robbery in shops, warehouses, coach-houses, or W.3. c. 23.) stables, or that steal horses,” except so much thereof as relates to fees for dis. except s. 7 & 8. charging recognizances and drawing bills of indictment, and to defective bills of indictment; and the whole of an act passed in the first year of the reign of Queen Anne, intituled "An act for punishing of accessories to felonies and re- 1 Ann. st. 2. ceivers of stolen goods, and to prevent the wilful burning and destroying of c. 9. except ships, except so much thereof as relates to witnesses on behalf of the prisoner s. 3. upon any trial for treason or felony; and an act passed in the sixth year of the same reign, intituled “ An act for repealing a clause in an act, intituled 6 Ann. c. 9. * An act for the better apprehending, prosecuting, and punishing felons that (vulgo 5 Ann. commit burglaries, house-breaking, or robberies in shops, warehouses, c. 6.) coach-houses, or stables, or that steal horses;' and an act passed in the twelfth year of the same reign, intituled "An act for the more 12 Ann. st. 1. effoctual preventing and punishing robberies that shall be committed in c.7.

houses ;" and so much of an act passed in the thirteenth year of the same reign, 13 Ann. c. 21. intituled “ An act for the preserving all such ships, and goods thereof, which (vulgo 12 Ann. shall happen to be forced on shore or stranded upon

the coasts of this kingdom, st. 2.)

or any other of her majesty's dominions," as relates to any person upon whom c. 18. s. 4 & 5.

any goods stolen or carried off from any vessel ia distress shall be found,
and to the several offences touching vessels in distress which are thereby

made capital felonies; and so much of an act passed in the first year of the 1 G. 1. st. 2. c. reign of King George the First, intituled “An act for preventing tumults and 5, 8.4 & 6. riotous assemblies, and for the more speedy and effectual punishing the riot

ers,” as relates to any rioters demolishing or pulling down, or beginning to
demolish or pull down, any of the buildings therein mentioned, and to the
liability of the inhabitants of the hundred, city, or town, in which the damage

shall be done, to yield damages to the party injured ; and an act passed in the 16. 1. st. 2.c. same year, intituled “ An aci to encourage the planting of timber trees, fruit 48.

trees, and other trees for ornament, shelter, or profit, and for the better pre

servation of the same, and for the preventing the burning of woods;" and the 4 G. 1. c. 11. whole of an act passed in the fourth year of the same reign, intituled “ An act except s. 7. for the further preventing robbery, burglary, and other felonies, and for the

more effectual transportation of felons and unlawful exporters of wool, and
for declaring the law upon some points relating to pirates," except so much
thereof as relates to the trial of piracy, felony, or robbery coinmitted within

the admiralty jurisdiction; and an act passed in the fifth year of the same 5G. 1. c. 28. reign, intituled “ An act for the further punishment of such persons as shall

uplawfully kill or destroy deer in parks, paddocks, or other inclosed grounds;" 66. 1. c. 16. and an act passed in the sixth year of the same reign, intituled “ An act to ex

plain and amend an act passed in the first year of his Majesty's reign, intituled

An act to encourage the planting of timber trees, fruit trees, and other trees for ornament, shelter, or profit, and for the better preservation of the same, and for the preventing the burning of woods, and for the better preservation

of the fences of such woods;" and an act passed in the ninth year of the same 9 G. 1. c. 22. reign, intituled “ An act for the more effectual punishing wicked and evil

disposed persons going armed in disguise, and doing injuries and violences to
the persons and properties of his Majesty's subjects, and for the more speedy

bringing the offenders to justice;" and so much of an act passed in the second 2 G. 2. c. 25. year of the reign of king George the Second, intituled "An act for the more

effectual preventing and further punishment of forgery, perjury, and suborna-
tion of perjury, and to make it felony to steal bonds, notes, or other securities
for payment of money," as relates to the stealing or taking by robbery any

orders or other securities therein enumerated; and an act passed in the fourth 4 G. 2. c. 32. year of the same reign, intituled " An act for the more effectual punishing

stealers of lead or iron bars fixed to houses, or any fences belonging there6 G. 2. c. 37. unto;" and an act passed in the sixth year of the same reign, intituled “ An

act for making perpetual the several acts therein mentioned, for the better re-
gulation of juries; and for empowering the justices of session or assizes for
the counties palatine of Chester, Lancaster, and Durham, to appoint a special
jury in manner therein mentioned ; and for continuing the act for regulating
the manufacture of cloth in the West Riding of the county of York, (except a
clause therein contained ;) and for continuing an act for the more effectual
punishing wicked and evil-disposed persons going armed in disguise, and for
other purposes therein mentioned ; and to prevent the cutting or breaking
down the bank of any river, or any sea bank, and to prevent the malicious
cutting of hopbinds; and for continuing an act made in the thirteenth and
fourteenth years of the reign of King Charles the Second, for preventing theft
and rapine upon the northern borders of England ; and for reviving and con-
tinuing certain clauses in two other acts made for the same purpose;" and an

act passed in the eighth year of the reign of King George the Second, intituled 8 G. 2. c. 16. "An act for the amendment of the law relating to actions on the statute of 8G.2, c. 20. hue and cry” and an act passed in the same year, intituled “An act for ren

dering the laws more effectual for punishing such persons as shall wilfully and
maliciously pull down or destroy turnpikes for repairing highways, or locks
or other works erected by act of parliament for making rivers navigable, and

for other purposes therein mentioned ;” and an act passed in the tenth year of 10 G. 2. c. 32. the same reign, intituled." An act for continuing an act for the more effectual except s. 10. punishing wicked and evil-disposed persons going armed in disguise, and doing

injuries and violences to the persons and properties of his Majesty's subjects,

8. 3.