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Form of in. dictment for the subsequent felony.

What shall be sufficient proof

of the first conviction.

such imprisonment; and in an indictment for any such felony committed after a previous conviction for felony, it shall be sufficient to state that the offender was at a certain time and place convicted of felony, without otherwise describing the previous felony; and a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for the previous felony, purporting to be signed by the clerk of the Court, or other officer having the custody of the records of the Court where the offender was first convicted, or by the deputy of such clerk or officer (for which certificate a fee of six shillings and eight-pence, and no more, shall be demanded or taken), shall, upon proof of the identity of the person of the offender, be sufficient evidence of the first conviction, without proof of the signature or official character of the person appearing to have signed Uttering false the same; and if any such clerk, officer, or deputy shall utter a false certificate of any indictment and conviction for a previous felony, or if any person, other than such clerk, officer, or deputy, shall sign any such certificate as such clerk, officer, or deputy, or shall utter any such certificate with a false or counterfeit signature thereto, every such offender shall be guilty of felony, and, being lawfully convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for the 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 imprisonment.

certificate of conviction.

Admiralty offences.

Effect of a free

or conditional pardon to a convict.

Proviso.

Rule for the

interpretation of all criminal

statutes.

Commencement of this act.

XII. And be it enacted, That all offences prosecuted in the High Court of Admiralty of England shall, upon every first and subsequent conviction, be subject to the same punishments, whether of death or otherwise, as if such offences had been committed upon the land.

XIII. And be it declared and enacted, That where the King's Majesty shall be pleased to extend his royal mercy to any offender convicted of any felony punishable with death or otherwise, and by warrant under his royal sign manual, countersigned by one of his principal secretaries of state, shall grant to such offender either a free or a conditional pardon, the discharge of such offender out of custody in the case of a free pardon, and the performance of the condition in the case of a conditional pardon, shall have the effect of a pardon under the great seal for such offender, as to the felony for which such pardon shall be so granted: Provided always, that no free pardon, nor any such discharge in consequence thereof, nor any conditional pardon, nor the performance of the condition thereof, in any of the cases aforesaid, shall prevent or mitigate the punishment to which the offender might otherwise be lawfully sentenced on a subsequent conviction for any felony committed after the granting of any such pardon.

XIV. And be it enacted, That wherever this or any other statute relating to any offence, whether punishable upon indictment or summary conviction, in describing or referring to the offence or the subject matter on or with respect to which it shall be committed, or the offender or the party affected or intended to be affected by the offence, hath used or shall use words importing the singular number or the masculine gender only, yet the statute shall be understood to include several matters as well as one matter, and several persons as well as one person, and females as well as males, and bodies corporate as well as individuals, unless it be otherwise specially provided, or there be something in the subject or context repugnant to such construction; and wherever any forfeiture or penalty is payable to a party aggrieved, it shall be payable to a body corporate in every case where such body shall be the party aggrieved.

XV. And be it enacted, That this act shall commence and take effect on the first day of July, one thousand eight hundred and twenty-seven.

XVI. Provided always, and be it enacted, That nothing herein contained Not to extend shall extend to Scotland or Ireland.

to Scotland or

Ireland.

7 & 8 GEO. IV. c. 29.

An Act for consolidating and amending the Laws in England relative to Larceny and other Offences connected therewith.

[21st June 1827.]

WHEREAS Various statutes now in force in that part of the United Kingdom called England, relative to larceny and other offences 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, are by an act of the present session of parliament repealed from and after the last day of June in the present year, except as to offences committed before or upon that day; and it is expedient that the provisions contained in those various statutes should be amended and consolidated into this act, to take effect at the same time as the said repealing act. Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, That this act shall commence on the first day Commenceof July in the present year.

ment of act.

II. And be it enacted, That the distinction between grand larceny and petty Distinction larceny shall be abolished, and every larceny, whatever be the value of the between grand property stolen, shall be deemed to be of the same nature, and shall be sub- and petty larject to the same incidents in all respects as grand larceny was before the com- ceny abolishmencement of this act; and every Court, whose power as to the trial of larceny was before the commencement of this act limited to petty larceny, shall have power to try every case of larceny the punishment of which cannot exceed the punishment hereinafter mentioned for simple larceny, and also to try all accessories to such larceny.

ed.

Punishments

III. And be it enacted, That every person convicted of simple larceny, or of any felony hereby made punishable like simple larceny, shall (except in the for simple cases hereinafter otherwise provided for) be liable, at the discretion of the larceny. Court, to be transported beyond the seas for the 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 imprisonment.

der hard labour or solitary confinement.

IV. And, with regard to the place and mode of imprisonment for all in- The court dictable offences punishable under this act, be it enacted, That where any may, for all person shall be convicted of any felony or misdemeanor punishable under this offences withact, for which imprisonment may be awarded, it shall be lawful for the Court in this act, orto sentence the offender to be imprisoned, or to be imprisoned and kept to hard labour, in the common gaol or house of correction, and also to direct that the offender shall be kept in solitary confinement for the whole or any portion or portions of such imprisonment, or of such imprisonment with hard labour, as to the Court in its discretion shall seem meet. V. And be it enacted, That if any person shall steal any tally, order, or Stealing pubother security whatsoever, entitling or evidencing the title of any person or lic or private body corporate to any share or interest in any public stock or fund, whether securities for of this kingdom, or of Great Britain or of Ireland, or of any foreign state, or in any fund of any body corporate, company, or society, or to any deposit in any savings bank, or shall steal any debenture, deed, bond, bill, note, warrant, order, or other security whatsoever for money or for payment of money, whether of this kingdom or of any foreign state, or shall steal any warrant or order for the delivery or transfer of any goods or valuable thing, every such offender shall be deemed guilty of felony, of the same nature and in the same degree and punishable in the same manner as if he had stolen any chattel of like value with the share, interest, or deposit to which the security so stolen may relate, or with the money due on the security so stolen or se

money, or warrants for goods, shall

be felony, and cording to the punishable accircumstances like stealing goods.

Rule of inter pretation.

Robbery from the person. Stealing from the person. Assaults with

cured thereby and remaining unsatisfied, or with the value of the goods or other valuable thing mentioned in the warrant or order; and each of the several documents hereinbefore enumerated shall throughout this act be deemed for every purpose to be included under and denoted by the words "valuable security."

VI. And be it enacted, That if any person shall rob any other person of any chattel, money, or valuable security, every such offender, being convicted thereof, shall suffer death as a felon; and if any person shall steal any such property from the person of another, or shall assault any other person with intent to rob him, or shall with menaces or by force demand any such prointent to comperty of any other person with intent to steal the same, every 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 life, or for any term not less than seven years, or to be imprisoned for any term not 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 such impri

mit robbery,

and demands accompanied with menaces

or force.

Obtaining money, &c. by threatening to accuse a party of an infamous crime.

Sending letters contain

ing menacing

demands, or

threatening to

accuse a party of an in

famous crime, to extort money, &c.

sonment.

VII. And be it declared and enacted, That if any person shall accuse or threaten to accuse any other person of any infamous crime, as hereinafter defined, with a view or intent to extort or gain from him, and shall by intimidating him by such accusation or threat extort or gain from him, any chattel, money, or valuable security, every such offender shall be deemed guilty of robbery, and shall be indicted and punished accordingly.

VIII. And be it enacted, That if any person shall knowingly send or deliver any letter or writing, demanding of any person, with menaces, and without any reasonable or probable cause, any chattel, money, or valuable security; or if any person shall accuse or threaten to accuse, or shall knowingly send or deliver any letter or writing accusing or threatening to accuse, any person of any crime punishable by law with death, transportation, or pillory, or of any assault with intent to commit any rape, or of any attempt or endeavour to commit any rape, or of any infamous crime, as hereinafter defined, with a view or intent to extort or gain from such person any chattel, money, or valuable security; every 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 life, or for any term not less than seven years, or to be imprisoned for any term not 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 such imprisonment.

What shall be IX. And, for defining what shall be an infamous crime within the meaning deemed an in- of this act, be it enacted, That the abominable crime of buggery, committed famous crime. either with mankind or with beast, and every assault with intent to commit the said abominable crime, and every attempt or endeavour to commit the said abominable crime, and every solicitation, persuasion, promise, or threat of fered or made to any person, whereby to move or induce such person to commit or permit the said abominable crime, shall be deemed to be an infamous crime within the meaning of this act.

Sacrilege, when capital.

Burglary capital.

House-break

X. And be enacted, That if any person shall break and enter any church or chapel, and steal therein any chattel, or having stolen any chattel in any church or chapel, shall break out of the same, every such offender, being convicted thereof, shall suffer death as a felon.

XI. And be it enacted, That every person convicted of burglary shall suffer death as a felon and it is hereby declared, that if any person shall enter the dwelling-house of another with intent to commit felony, or being in such dwelling-house shall commit any felony, and shall in either case break out of the said dwelling-house, in the night-time, such person shall be deemed guilty of burglary.

XII. And be it enacted, that if any person shall break and enter any dwelling and stealing house, and steal therein any chattel, money, or valuable security to any ing in a house, value whatever; or shall steal any such property to any value whatever in any when capital. dwelling house, any person therein being put in fear; or shall steal in any dwelling house any chattel, money, or valuable security to the value in the whole of five pounds or more; every such offender, being convicted thereof, shall suffer death as a felon.

What build ings only are

XIII. Provided always, and be it enacted, that no building, although within the same curtilage with the dwelling-house, and occupied therewith,

shall be deemed to be part of such dwelling-house for the purpose of bur- part of a house glary, or for any of the purposes aforesaid, unless there shall be a com- for capital purmunication between such building and dwelling house, either immediate, or poses. by means of a covered and inclosed passage leading from the one to the other.

XIV. And be it enacted, That if any person shall break and enter any build- Robbery in ing, and steal therein any chattel, money, or valuable security, such building any buildings being within the curtilage of a dwelling house, and occupied therewith, but within the not being part thereof according to the provision herein-before mentioned, same curtievery such offender being convicted thereof, either upon an indictment for the lage as the same offence, or upon an indictment for burglary, housebreaking, or stealing house, but not to the value of five pounds in a dwelling house, containing a separate count privileged as part of the for such offence, shall be liable, at the discretion of the court, to be transhouse. ported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years, and, if a male, to be once twice, or thrice publicly or privately whipped (if the court shall so think fit), ia addition to such imprisonment.

XV. And be it enacted, That if any person shall break and enter any shop, warehouse, or counting-house, and steal therein any chattel, money, or valuable security, every such offender, being convicted thereof, shall be liable to any of the punishments which the court may award as hereinbefore last mentioned. XVI. And be it enacted, That if any person shall steal, to the value of ten shillings, any goods or article of silk, woollen, linen, or cotton, or of any one or more of those materials mixed with each other, or mixed with any other material, whilst laid, placed, or exposed, during any stage, process, or progress of manufacture, in any building, field, or other place, every such offender being convicted thereof, shall be liable to any of the punishments which the Court may award as hereinbefore last mentioned.

Robbery in a

shop, warehouse, &c.

Stealing certain goods in process of manufacture.

XVII. And be it enacted, That if any person shall steal any goods or mer- Stealing goods chandize in any vessel, barge, or boat of any description whatsoever, in any from a vessel port of entry or discharge, or upon any navigable river or canal, or in any in a port, creek belonging to or communicating with any such port, river, or canal, or river, or canal, shall steal any goods or merchandize from any dock, wharf, or quay adjacent &c. to any such port, river, canal, or creek, every such offender, being convicted thereof, shall be liable to any of the punishments which the Court may award as hereinbefore last mentioned.

sel.

XVIII. And be it enacted, That if any person shall plunder or steal any part Plundering of any ship or vessel which shall be in distress, or wrecked, stranded, or cast on any part of the shore, or any goods, merchandize, or articles of any kind belonging to such tackle or cargo ship or vessel, every such offender, being convicted thereof, shall suffer death of a shipas a felon provided always, that when articles of small value shall be stranded wrecked vesor cast on shore, and shall be stolen without circumstances of cruelty, outrage, or violence, it shall be lawful to prosecute and punish the offender as Proviso. for simple larceny; and in either case the offender may be indicted and tried either in the county in which the offence shall have been committed, or in any county next adjoining.

See post. s. 63.

XIX. And be it enacted, That if any goods, merchandize, or articles of any Persons in poskind, belonging to any ship or vessel in distress, or wrecked, stranded, or cast session of on shore as aforesaid, shall, by virtue of a search warrant, to be granted as shipwrecked hereinafter mentioned, be found in the possession of any person, or on the goods, not premises of any person with his knowledge, and such person, being carried be- giving a satisfore a justice of the peace, shall not satisfy the justice that he came lawfully factory acby the same, then the same shall, by order of the justice, be forthwith delivered count. over to or for the use of the rightful owner thereof; and the offender, on conviction of such offence before the justice, shall forfeit and pay, over and above the value of the goods, merchandize, or articles, such sum of money, not exceeding twenty pounds, as to the justice shall seem meet. XX. And be it enacted, That if any person shall offer or expose for sale any goods, merchandize, or articles whatsoever, which shall have been unlawfully taken, or reasonably suspected so to have been, from any ship or vessel in distress, or wrecked, stranded, or cast on shore as aforesaid, in every such case any person to whom the same shall be offered for sale, or any officer of the customs or excise, or peace officer, may lawfully seize the same, and shall with all convenient speed carry the same, or give notice of such seizure, to

See post. s. 66 & 67.

If any person offers shipwrecked goods for sale, the goods may be seized, &c.

some justice of the peace; and if the person who shall have offered or exposed the same for sale, being duly summoned by such justice, shall not appear and satisfy the justice that he came lawfully by such goods, merchandize, or articles, then the same shall, by order of the justice, be forthwith delivered over to or for the use of the rightful owner thereof, upon payment of a reasonable reward (to be ascertained by the justice) to the person who seized the same; and the offender, on conviction of such offence by the justice, shall forfeit See post. s. 66 and pay, over and above the value of the goods, merchandize, or articles, & 67. such sum of money, not exceeding twenty pounds, as to the justice shall

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seem meet.

XXI. And be it enacted, That if any person shall steal, or shall for any fraudulent purpose take from its place of deposit for the time being, or from any person having the lawful custody thereof, or shall unlawfully and maliciously obliterate, injure, or destroy, any record, writ, return, panel, process, interrogatory, deposition, affidavit, rule, order, or warrant of attorney, or any original document whatsoever of or belonging to any court of record, or relating to any matter civil or criminal, begun, depending, or terminated in any such court, or any bill, answer, interrogatory, deposition, affidavit, order, or decree, or any original document whatsoever of or belonging to any court of equity, or relating to any cause or maiter begun, depending, or terminated in any such Court, every such offender shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for the term of seven years, or to suffer such other punishment by fine or imprisonment, or by both, as the Court shall award; and it shall not in any indictment for such offence be necessary to allege that the article, in respect of which the offence is committed, is the property of any person, or that the same is of any value.

XXII. And be it enacted, That if any person shall, either during the life of the testator or testatrix, or after his or her death, steal, or for any fraudulent purpose destroy or conceal, any will, codicil, or other testamentary instrument, whether the same shall relate to real or personal estate, or to both, every such offender shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable to any of the punishments which the Court may award, as hereinbefore last mentioned; and it shall not in any indictment for such offence be necessary to allege that such will, codicil, or other instrument, is the property of any person, or that the same is of any value.

XXIII. And be it enacted, That if any person shall steal any paper or parchment, written or printed, or parily written and partly printed, being evidence of the title or of any part of the title to any real estate, every such offender shall be deemed guilty of a misdemeanor, and, being convicted thereof, shall be liable to any of the punishments which the Court may award, as hereinbefore last mentioned; and in any indictment for such offence, it shall be sufficient to allege the thing stolen to be evidence of the title, or of part of the title, of the person or of some one of the persons having a present interest, whether legal or equitable, in the real estate to which the same relates, and to mention such real estate, or some part thereof; and it shall not be necessary to allege the thing stolen to be of any value.

shall

XXIV. Provided always, and be it enacted, That nothing in this act contained relating to either of the misdemeanors aforesaid, nor any proceeding, conviction, or judgment to be had or taken thereupon, shall prevent, lessen, or impeach any remedy at law or in equity which any party aggrieved by any such offence might or would have had if this act had not been passed; but nevertheless the conviction of any such offender shall not be received in evidence in any action at law or suit in equity against him; and no person be liable to be convicted of either of the misdemeanors aforesaid, by any evidence whatever, in respect of any act done by him, if he shall at any time previously to his being indicted for such offence have disclosed such act, on oath, in consequence of any compulsory process of any court of law or equity in any action, suit, or proceeding which shall have been bona fide instituted by any party aggrieved, or if he shall have disclosed the same in any examination or deposition before any commissioners of bankrupt.

XXV. And be it enacted, That if any person shall steal any horse, mare, gelding, colt or filly, or any bull, cow, ox, heifer or calf, or any ram, ewe, sheep or lamb, or shall wilfully kill any of such cattle, with intent to steal the

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