Page images
PDF
EPUB

WIC

Orkney, and an act passed in the tenth year of the same reign, intituled * An act for preventing the stealing of dogs ;” and another act passed in 10 G. 3. c. 18. the same year, intituled “ An act for making the receiving of stolen jewels, 10 G. 3. c. 48. and gold and silver plate, in the case of burglary and highway robbery, more penal; and so much of an act passed in the thirteenth year of the same reigo, intituled “ An act for the more effectual execution of criminal laws 13 G. 3. c. 31. in the two parts of the United Kingdom," as relates to the prosecution and s. 4, 5. punishment of persons for theft or larceny, and for receiving or having any stolen property as therein inentioned ; and an act passed in the same year, intituled * An act for repealing so much of an act made in the twenty- 12.6.2 third year of his late majesty King George the Second, as relates to the preventing the stealing or destroying of turnips; and for the more effectually preventing the stealing or destroying of turnips, potatoes, cabbages, parsnips, pease, and carrots ;” and another act passed in the same thirteenth year, intituled “ An act to extend the provisions of an act made in the sixth year of 13 G. 3. c. 33. his present Majesty's reign, intituled 'An act for the better preservation of

timber trees, and of woods and underwoods, and for the further preservation • of roots, shrubs, and plants,' to poplar, alder, maple, larch, and hornbeam;" and an act passed in the sixteenth year of the same reign, intituled “ An act 16 G. 3. c. 30. more effectually to prevent the stealing of deer, and to repeal several former statutes made for the like purpose;" and the whole of an act passed in the nineteenth year of the same reign, intituled “ An act to explain and 19 6. 3. C.74. amend the laws relating to the transportation, imprisonment, and other pu- except s. 70. nishment of certain offenders,” except so much thereof as relates to the judges lodgings; and an act passed in the twenty-first year of the same reign, intituled " An act to explain and amend an act made in the fourth 21 G. 3. c.68. year of the reign of his late Majesty, King George the Second, intituled * An act for the more effectual punishing stealers of lead and iron bars fixed

to houses, or any fences belonging thereunto ;' and another act passed in the same twenty-first year, intituled “An act to explain and amend an 21 G. 3. c. 69. act made in the twenty-ninth year of the reign of his late Majesty King George the Second, intituled 'An act for more effectually dis'couraging and preventing the stealing, and the buying and receiving

of stolen lead, iron, copper, brass, bell-metal, and solder, and for more * effectually bringing the offenders to justice;'” and an act passed in the twenty-second year of the reign of King George the Third, intituled “ An act for the more easy discovery and effectual punishment of 22 G. 3. c. 58. buyers and receivers of stolen goods;" and an act passed in the thirty-first year of the same reign, intituled “ An act to render persons convicted of pelty

y 31 G. 3. c. 35.

. larceny competent witnesses ;” and an act passed in the same year, intituled "An act for better protecting the several oyster fisheries within this king- 31 G. 3. c. 51. dom;" and so much of an act passed in the thirty-third year of the same reign, intituled "An act for better preventing offences in obstructing, destroying, or 324 2 62 damaging ships or other vessels, and in obstructing seamen, keelmen, casters, 5.5.6." and ship carpenters, from pursuing their lawful occupations," as relates to persons who shall wilfully and maliciously set fire to, or destroy or damage otherwise than by fire, any ship, keel, or other vessel; and so much of an act passed in the thirty-sixth year of the same reign, intituled “ An act to prevent ob

urea "An act to prevent ou- 36 G. 3. c. 9. structions to the free passage of grain within the kingdom," as relates to the $ 3. liability of the inhabitants of hundreds; and an act passed in the thirty-ninth Fear of the same reign, intituled “ An act to protect masters against embezzle- 39 G. 3. c. 63. ments by their clerks or servants;" and so much of an act passed in the thirtyninth and fortieth years of the same reign, intituled “ An act for the security 39 & 40 C. 3. of collieries and mines, and for the better regulation of colliers and miners,” 07.5. 1.5. as declares what persons shall be deemed and adjudged to be guilty of a mis. demeanor, and as relates to any person who shall steal or take away, or break, destroy, damage, or embezzle, any article not exceeding the value of five shillings as therein mentioned, or shall break, destroy, or damage any waggon, cart, or other carriage as therein mentioned ; and an act passed in the fortyfirst vear of the same reign, intituled “An act for the indemnifying of persons 41 G. 3. c. 24. injured by the forcible pulling down and demolishing of mills, or of works (

UK) thereunto belonging, by persons unlawfully and riotously assembled ;” and an act passed in the forty-second year of the same reign, intituled “ An act to 12 G. 3. c. 67. extend the provisions of an act made in the thirteenth year of the reign of his present Majesty, intituled 'An act for repealing so much of an act made in

[ocr errors]

the twenty-third year of bis late Majesty King George the Second, as relates to the preventing the stealing or destroying of turnips, and for the more effectually preventing the stealing or destroying of turnips, potatoes, cabbages, parsnips, pease, and carrots,' to certain other field crops, and to orchards; and

for amending the said act;" and an act passed in the same forty-second year, 42 G. 3. c. 107. intituled “ An act more effectually to prevent the stealing of deer ;” and so 43 G. 3. c. 58. much of an act passed in the forty-third year of the same reign, intituled “ An Part of s.1.

act for the further prevention of malicious shooting, and attempting to 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 murdering of bastard children ;' and also an act made in Ireland in the sixth year of the reign of the late Queen Anne, also intituled 'An act to prevent the destroying and murdering of bastard children ;' and for making other provisions in lieu thereof,” as relates to

the setting fire to any of the buildings therein enumerated ; and the whole of 43 G. 3. c. 113. an act passed in the same forty-third year, intituled “ An act for the more except s. 6. effectually providing for the punishment of offences in wilfully casting away,

burning, or destroying ships or vessels; and for the more convenient trial of accessories in felonies; and for extending the powers of an act made in the thirtythird year of the reign of King Henry the Eighth, as far as relates to murders, to accessories to murders, and to manslaughters,” except so much thereof as specially relates to accessories before the fact in murder, and to manslaughter; and

so much of an act passed in the forty-fourth year of King George the Third, 44 G. 3. c. 92.

intituled “An act to render more easy the apprehending and bringing to trial s. 7, 8.

offenders escaping from one part of the United Kingdom to the other, and also from one county to another," as relates to the prosecution and punishment of persons for theft or larceny, and for receiving or having any stolen property, as

therein mentioned; and an act passed in the forty-fifth year of the same reign, 45 G. 3. c. 66. intituled “An act to prevent in Great Britain the illegally carrying away bark;

and for amending two acts passed in the sixth and ninth years of his present Majesty's reign, for the preservation of timber trees, underwoods, roots, shrubs,

plants, hollies, thorns, and quicksets;” and an act passed in the forty-eighth 48 G. 3. c. 129. year of the same reign, intituled “ An act to repeal so much of an act passed

in the eighth year of the reign of Queen Elizabeth, intituled . An act to take away the benefit of clergy from certain offenders for felony,' as takes away the benefit of clergy from persons stealing privily from the person of another;

and for more effectually preventing the crime of larceny from the person;" 48 G. 3. c. 144. and an act passed in the same forty-eighth year, intituled “ An act for the

more effectual protection of oyster fisheries and the brood of oysters in

England ;" and an act passed in the fifty-first year of the same reign, intituled 51 G.3. c. 41. “ An act to repeal so much of an act passed in the eighteenth year of the

reign of King George the Second, intituled . An act for the more effectually preventing the stealing of linen, fustian, and cotton goods and wares, in buildings, fields, grounds, and other places used for printing, whitening, bleaching, or dyeing the same,' as takes away the benefit of clergy from persons stealing

cloth in places therein mentioned; and for more effectually preventing such 51 G. 3. c. 120. felonies;' and an act passed in the same fifty-first year, intituled “An act to

amend au act of the forty-seventh year of his present Majesty, for more effec

tually preventing the stealing of deer;" and an act passed in the fifty-second 52 G. 3. c. 63. year of the same reign, intituled “ An act for more effectually preventing the

embezzlement of securities for money and other effects left or deposited for safe custody, or other special purpose, in the hands of bankers, merchants,

brokers, attornies, or other agents; and an act passed in the same year, inti52 G. 3. c. 64. tuled “ An act for extending the provisions of an act of the thirtieth year of

King George the Second, against persons obtaining money by false pretences,

to persons so obtaining bonds and other securities," and another act passed in 52 G. 3. c. 130. the same fifty-second year, intituled “ An act for the more effectual panish

ment of persons destroying the properties of his Majesty's subjects, and enabling the owners of such properties to recover damages for the injury sus

tained ;" and so much of an act passed in the fifty-third rear of the same 53 G. 3. c. 162. reiga, intituled “ An act to repeal a certain provision respecting persons con

ricted of felony without benefit of clergy, contained in an act made in the fifty-second year of the reiga of his present Majesty, for the erection of a

penitentiary house for the confinement of persons convicted within the city of London and county of Middlesex, and for making other provisions in lieu thereof," as relates to the punishment of larceny; and an act passed in the fifty-sixth year of the same reign, intituled “ An act for the more effectual 56 G. 3. c. 123. punishment of persons riotously destroying or damaging buildings, engines, and macbinery used in and about collieries and other mines, waggonways, bridges, and other works used in conveying and shipping coals and other minerals; and for enabling the owners of such property to recover damages for the injury sustained ;" and so much of an act passed in the fifty-seventh year of the same reiga, intituled “An act for the more effectually preventing sedi- 57 G. 3. c. 19. tious meetings and assemblies," as relates to the liability of the inhabitants of s. 38. the city, town, or hundred, to yield compensation to the party injured, as therein mentioned; and an act passed in the first year of the reign of his present Majesty, intituled “ An act for the summary punishment, in certain cases, 1 G. 4. c.56. of persons wilfully or maliciously damaging or committing trespasses on public or private property;" and the whole of an act passed in the same year, intituled “ An act to repeal so much of the several acts passed in the thirty- 16. 4.c. 115. ninth year of the reign of Elizabeth, the fourth of George the First, the fifth and eighth of George the second, as inflicts capital punishment on certain offences therein specified, and to provide more suitable and effectual punishment for such offences,” except so much thereof as relates to the offences made capital by the said act of Queen Elizabeth; and another act passed in the same year of the present reign, intituled “ An act to repeal so much of an iG.4.c. 117. act passed in the tenth and eleventh years of King William the Third, intituled • An act for the better apprehending, prosecuting, and punishing of felons that commit burglary, house-breaking, or robbery in shops, warehouses, coachhouses, or stables, or that steal horses,' as takes away the benefit of clergy from persons privately stealing, in any shop, warehouse, coach-house, or stable, any goods, wares, or merchandizes of the value of five shillings; and for more effectually preventing the crime of stealing privately in shops, warehouses, coach-houses, or stables ;" and an act passed in the third year of the present reign, intituled " An act for extending the laws against receivers of stolen 3 G. 4. c. 24. goods to receivers of stolen bonds, bank notes, and other securities for money ;” and an act passed in the same year, intituled “An act for altering 3 G. 4. c. 33. and amending several acts passed in the first and ninth years of the reign of King George the First, and in the forty-first, fifty-second, fifty-sixth, and fiftyseventh years of the reiga of his late Majesty King George the Third, so far as the same relate to the recovery of damages comunitted by riotous and tumultuous assemblies, and unlawful and malicious offenders; and the whole of an act passed in the same year of the present reign, intituled “ An act for the fur- 3 G. 4. c. 38. ther and more adequate punishment of persons convicted of manslaughter, and of servants convicted of robbing their masters, and of accessories before the fact to grand larceny, and certain other felonies,” except so far as relates to manslaughter; and so much of another act passed in the same year, intituled " An act to provide for the more effectual punishment of certain offences, 3 G. 4.c. 114, by imprisonment with hard labour,” as relates to the punishment for receiving stolen goods, and for obtaining any property as therein mentioned by false pretences; and so much of an act passed in the same year, intituled “ An act 3 G. 4. c. 126, to amend the general laws now in being for regulating turnpike roads in that s. 128. part of Great Britain called England," as creates any felony; and the whole of an act passed in the fourth year of the present reign, intituled “ An act for 4 G. 4. c. 46. repealing the capital punishments inflicted by several acts of the sixth and twenty-seventh years of King George the Second, and of the third, fourth, and twenty-second years of King George the Third, and for providing other punishments in lieu thereof, and in lieu of the punishment of frame-breaking under an act of the twenty-eighth year of the same reign," except so far as relates to the felonies created by the acts of the twenty-seventh year of King George the Second, and of the third year of King George the Third therein recited ; and the whole of an act passed in the same year of the present reign, intituled “ An act for extending the benefit of clergy to several larcenies 4 G. 4. c. 53. iherein mentioned," except so far as relates to any person convicted of stealing or embezzling his Majesty's ammunition, sails, cordage, or naval or military stores, or of being accessory to any such offence; and the whole of an act passed in the same year, intituled “ An act for allowing the benefit of clergy A G. 4. c. 54. to persons convicted of certain felonies under two acts of the ninth year of

King George the First and of the twenty-seventh year of King George the Second ; for making better provision for the punishment of persons guilty of sending or delivering tbreatening letters, and of assaults with intent to commit robbery," except so far as relates to any person who shall send or deliver any letter or writing threatening to kill or murder, or to burn or destroy, as therein mentioned, or shall be accessory to any such offence, or shall forcibly rescue

any person being lawfully in custody for any such offence; and an act passed 6 G. 4. c. 19. in the sixth year of the present reign, intituled “ An act for the amendment of

the law as to the offence of sending threatening letters;" and so much of an 6 G. 4. c. 94. act passed in the same year of the present reign, intituled “An act to alter s. 7, 8, 9, 10. and amend an act for the better protection of the property of merchants and

others, who may hereafter enter into contracts or agreements in relation to goods, wares, or merchandize entrusted to factors or agents," as relates to any

misdemeanor therein mentioned ; and also an act passed in the seventh year of 7 G. 4. c. 69. the present reign, intituled “ An act to amend the law in respect to the offence

of stealing from gardens and hothouses ;” and all acts continuing or perpetuating any of the acts or parts of acts hereinbefore referred to, so far only as relates to the continuing or perpetuating the same respectively, shall be and continue in force until and throughout the last day of June in the present year, and shall from and after that day as to that part of the United Kingdom called England, and as to offences committed within the jurisdiction of the admiralty of England, be repealed; except so far as any of the said acts may repeal the whole or any part of any other acts; and except as to offences and other matters committed or done before or upon the said last day of June,

which shall be dealt with and punished as if this act had not been passed. Not to repeal II. Provided always, and be it enacted, That nothing in this act contained any act relat- shall in anywise affect or alter such part of any act as relates to the post office, ing to the post or to any branch of the public revenue, or to the naval, military, victualling, office, the re

here or other public stores of his Majesty, his heirs or successors, except the acts of venue, public stores, Bank

the thirty-first year of Queen Elizabeth and of the twenty-second year of King of England, or Charles the Second, which are herein-before repealed, or shall affect or alter South Sea *any act relating to the Bank of England or South Sea Company. Company.

[ocr errors]

An Act for further improving the Administration of Justice in Criminal
Cases in England.

[21st June, 1827.]

WHEREAS trials for criminal offences in that part of the United Kingdom called England are attended with some forms which frequently impede the due administration of justice, and it is therefore expedient to abolish such forms, and also to abolish the benefit of clergy, and to make better provision for the punishment of offenders in certain cases: be it therefore enacted 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 assemA plea of bled, and by the authority of the same, That if any person, not having privi“not guilty, lege of peerage, being arraigued upon any indictment for treason, felony, or

5 more, piricy, shall plead thereto a plea of *not guilty," he shall be such plea, withshall put the prisoder oa bis

out any further form, be deemed to have put himself upea the country for trial by jury.

trial, and the Court shall, in the usual manner, order a jury for the trial of

such person accordingly. If he refuses

ses. IL. And be it enacted, That if any perseo, being arraigned upon or charged to plead, Court

with aas indictment or information for treasen, felony, piracy, or misde mar order a

menor, shall stand mute of malice, or will not a swer directly to the indictguilty * to be went or information, in every such case it shall be lawful for the Court, if it

der this act,

Shall so think fit, to order the proper officer to enter a plea of “not guilty ” on behalf of such person; and the plea so entered shall have the same force and effect as if such person had actually pleaded the same.

III. And be it enacted, That if any person, indicted for any treason, felony, Every chalor piracy, shall challenge peremptorily a greater number of the men returned lenge beyond to be of the jury than such person is entitled by law so to challenge in any of

Mengain and cf the legal num

ber shall be the said cases, every peremptory challenge beyond the number allowed by law

void. in any of the said cases shall be entirely void, and the trial of such person shall " proceed as if no such challenge had been made.

IV. And be it enacted, That no plea setting forth any attainder shall be Attainder of pleaded in bar of any indictment, unless the attainder be for the same offence another criine as that charged in the iodictment.

not pleadable. V. And be it enacted, That where any person shall be indicted for treason Jury shall not or felony, the jury empannelled to try such person shall not be charged to en- enquire of priquire concerning his lands, tenements, or goods, nor whether he fled for such soner s lands, treason or felony.

" &c. nor whe

ther he fled. VI. And be it enacted, That benefit of clergy, with respect to persons convicted of felony, shall be abolished; but that nothing berein contained shall Benefit of prcvent the joinder in any indictment of any counts which might have been clergy abojoined before the passing of this act.

" lished. VII. And be it enacted, That no person convicted of felony shall suffer What felonies death, unless it be for some felony wbich was excluded from the benefit of only shall be clergy before or on the first day of the present session of parliament, or which capital. hath been or shall be made punishable with death by some statute passed after that day.

VIII. And be it enacted, That every person convicted of any felony, not Felonies not punisbable with death, shall be punished in the manner prescribed by the sta- capital puntute or statutes specially relating to such felony; and that every person con, ishable under victed of any felony, for which no punishment hath been or hereafter may be the acts, if specially provided, shall be deemed to be punishable under this act, and shall

thereto; be liable, at the discretion of the Court, to be transported beyond the seas for

For otherwise unthe term of seven years, or to be imprisoned for any term not exceeding two years; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit), in addition to such imprisoninent.

IX. And, with regard to the place and mode of imprisonment for all The Court offences punishable under this act, be it enacted, That where any person shall may order be convicted of any offence punisbable under this act, for which imprison- har

no hard labour or ment may be awarded, it shall be lawful for the Court to sentence the oifender

contence the mitander solitary conto be imprisoned, or to be imprisoned and kept to hard labour, in the common

finement as

part of the gaol or house of correction, and also to direct that the offender shall be kept

P sentence of in solitary confinement for the whole or any portion or portions of such im- imprison prisonment, or of such imprisonment with hard labour, as to the Court in its discretion shall seem meet.

X. And be it enacted, That wherever sentence shall be passed for felony on If a person a person already imprisoned under sentence for another crime, it shall be law- under senfol for the court to award imprisonment for the subsequent offence, to com- tence for anomence at the expiration of the imprisonment to which such person shall have ther crim been previously sentenced ; and where such person shall be already under sen

o convicted of tence either of imprisonment or of transportation, the court, if empowered

felony, the

Court may to pass sentence of transportation, may award such sentence for the subse

pass a second quent offence, to commence at the expiration of the imprisonment or trans

me imprisonment or trans- sentence, to portation to which such person shall have been previously sentenced, al- commence though the aggregate term of imprisonment or transportation respectively after the exmay exceed the term for which either of those punishments could be other- piration of the wise awarded

first. XI. And whereas it is expedient to provide for the more exemplary punish- Punishment ment of offenders who commit felony after a previous conviction for felony, for a subsewhether such conviction shall have taken place before or after the commence- quent felony. ment of this act; be it therefore enacted, That if any person shall be be convicted of any felony, not punishable with death, committed after a previous conviction for felony, such person shall, on such subsequent conviction, be liable, at the discretion of the court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term pot exceeding four years, and, if a male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit), in addition to

« EelmineJätka »