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Form of in such imprisonment; and in an indictment for any such felony committed dictment for after a previous conviction for felony, it shall be sufficient to state that the the subsequent offender was at a certain time and place convicted of felony, without otherfelony.

wise describing the previous felony; and a certificate containing the subWhat shall be stance and effect only (omitting the formal part) of the indictment and consufficient proof viction for the previous felony, purporting to be signed by the clerk of the of the first

Court, or other officer having the custody of the records of the Court where conviction.

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 certifi. certificate of cate of any indictment and conviction for a previous felony, or if any person, conviction. 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. Admiralty of- XII. And be it enacted, That all offences prosecuted in the High Court of fences. 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. Effect of a free XIII. And be it declared and enacted, That where the King's Majesty shall or conditional be pleased to extend his royal mercy to any offender convicted of any felony pardon to a punishable with death or otherwise, and by warrant under his royal sign maconvict. nual, 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 Proviso. 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 Jawfully sentenced on a subsequent conviction for any felony committed after

the granting of any such pardon. Rule for the xiv. And be it enacted, Tbat wherever this or any other statute relating interpretation to any offence, whether punishable upon indictment or summary conviction, of all

in describing or referring to the offence or the subject matter on or with restatutes.

spect to which it shall be committed, or the offender or the party affected or intended to be affected by the offence, bath 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. Commence

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

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

Ola Opini

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

[21st June 1827.]

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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 repcaled 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 ihe 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 lar- ed. ceny 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.

III. And be it enacted, That every person convicted of simple larceny, or of Punishunente any felony hereby made punishable like simple larceny, shall (except in the for sim cases hereinafter otherwise provided for) be liable, at the discretion of the larcen 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.

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, or to sentence the offender to be imprisoned, or to be imprisoned and kept to

ant to der hard lahard labour, in the common gaol or bouse of correction, and also to direct

bour or soli. that the offender shall be kept in solitary confinement for the whole or any

tary confincportion or portions of such imprisonment, or of such imprisonment with hard

ment. 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 apy 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, money, or or in any fund of any body corporate, company, or society, or to any de- warrants for posit in any savings bank, or shall steal any debenture, deed, bond, bill, goods, shall note, warrant, order, or other security whatsoever for money or for payment !

be felony, and

en punishable acof money, whether of this kingdom or of any foreign state, or shall steal any !

eign state, or snall steal any cording to the warrant or order for the delivery or transfer of any goods or valuable thing, circumstances every such offender shall be deemed guilty of felony, of the same nature and like stealing in the same degree and punishable in the same manner as if he had stolen any goods. 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

cured thereby and remaining unsatisfied, or with the value of the goods or Rule of inter- other valuable thing mentioned in the warrant or order; and each of the sepretation, veral documents hereinbefore enumerated shall througbout this act he

deemed for every purpose to be included under and denoted by the words

“" valuable security," Robbery from VI. And be it enacted, That if any person shall rob any other person of any the person. chattel, money, or valuable security, every such offender, being convicted Stealing from thereof, shall suffer death as a felon; and if any person shall steal any such the person. property from the person of another, or shall assault any other person with Assaults with intent to rob him, or shall with menaces or by force demand any such prointent to com. perty of any other person with intent to steal the same, every such offender mit robbery, shall be guilty of felony, and, being convicted thereof, shall be liable, at the and demands discretion of the court, to be transported beyond the seas for life, or for any accompanied term not less than seven years, or to be imprisoned for any term not exceedwith menaces ing four years, and, if a male, to be once, iwice, or thrice publicly or prior force. vately whipped (if the court shall so think fit), in addition to such impri

sonment. Obtaining mo

VII. And be it declared and enacted, That if any person sball accuse or

VII. And be it declared and enacted, That if any ney, &c. by threaten to accuse any other person of any infamous crime, as hereinafter threatening to defined, with a view or intent to extort or gain from him, and shall by intiaccuse a party midating him by such accusation or threat extort or gain from him, any chatof an infa- tel, money, or valuable security, every such offender shall be deemed guilty mous crime. of robbery, and shall be indicted and punished accordingly. Sending let

VIII. And be it enacted, That if any person shall knowingly send or deters contain- liver any letter or writing, demanding of any person, with menaces, and ing menacing without any reasonable or probable cause, any chattel, money, or valuable demands, or security; or if any person shall accuse or threaten to accuse, or shall knowthreatening to ingly send or deliver any letter or writing accusing or threatening to accuse, accuse a par- any person of any crime punishable by law with death, transportation, or pilty of an in- lors, or of any assault with intent to commit any rape, or of any attempt or famous crime, endeavour to commit any rape, or of any infamous crime, as hereinafter deto extort mo

fined, with a view or intent to extort or gain from such person any chattel, ney, &c.

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 offered 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,

X. And be enacted, That if any person shall break and enter any church when capital. 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. Burglary ca

XI. And be it enacted, That every person convicted of burglary shall suffer death as a felon: and it is bereby 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. House-break- XII. And be it enacted, that if any person shall break and enter any dwelling and steal- ing 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 chaltel, 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, XIII. Provided always, and be it enacted, that no building, although ings only are within the same curtilage with the dwelling-house, and occupied therewith,

pital.

of ma

shall be deemed to be part of such dwelling-house for the purpose of bure 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 age as the gme 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 trans

house. 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, Robbery in a warehouse, or counting-house, and steal therein any chattel, money, or va- shop, wareluable security, every such offender, being convicted thereof, shall be liable to house, &c. 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 tens

Stealing cershillings, any goods or article of silk, woollen, linen, or cotton, or of any one or taip

, or colou, or any vucu tain goods in more of those materials mixed with each other, or mixed with any other ma- proc terial, whilst laid, placed, or exposed, during any stage, process, or progress of nufacture. 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.

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, wbarf, 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.

XVIII. And be it enacted, That if any person shall plunder or steal any part Plundering of any ship or vessel wbich 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 sball be stranded wrecked vesor cast on shore, and shall be stolen without circumstances of cruelty, out- sel. rage, 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 connty next adjoining.

XIX. And be it enacted, That if any goods, merchandize, or articles of any persons in pos. kind, 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 bereinafter 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 forth with delivered count. over to or for the use of the rightful owner thereof; and the offender, on con- See post. s. 63. viction 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 ex- See post. s. 66 ceeding twenty pounds, as to the justice shall seem meet.

& 67. XX. And be it enacted, That if any person shall offer or expose for sale any If any person goods, merchandize, or articles whatsoever, wbich shall have been unlawfully offers shiptaken, or reasonably suspected so to have been, from any ship or vessel in dis- wrecked goods tress, or wrecked, stranded, or cast on shore as aforesaid, in every such case for sale, the any person to whom the same shall be offered for sale, or any officer of the goods may be customs or excise, or peace officer, may lawfully seize the same, and shall seized, &c. with all convenient speed carry the same, or give notice of such seizure, to

some justice of the peace ; and if the person who shall bave 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 sball, by order of the justice, be forth with 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

seem meet. The stealing, XXI. And be it enacted, That if any person shall steal, or shall for any frau&c. of records dulent purpose take from its place of deposit for the time being, or from any and other pro- person having the lawful custody thereof, or shall unlawfully and maliciously ceedings of

obliterate, injure, or destroy, any record, writ, relurn, panel, process, intercourts of jus

rogatory, deposition, affidavit, rule, order, or warrant of attorney, or any oritice.

ginal 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 ofany

person, or that the same is of any value. The stealing, XXII. And be it enacted, That if any person shall, either during the life of &c. of wills.

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 properly of any person, or that the same is of any value. The stealing of XXIII. And be it enacted, That if any person shall steal any paper or parchwritings relat- ment, written or printed, or parily written and partly printed, being evidence ing to real es of the title or of any part of the title to any real estate, every such offender tate.

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. These provi xxiv. Provided always, and be it enacted, That nothing in this act consions as to tained relating to either of the misdemeanors aforesaid, nor any proceeding, wills and writ- conviction, or judgment to be bad or taken thereupon, shall prevent, lessen, ings shall not or impeach any remedy at law or in equity which any party aggrieved by any lessen any

such offence might or would have had if this act had not been passed; but remedy which

nevertheless the conviction of any such offender shall not be received in evithe party aggrieved now

dence in any action at law or suit in equity against him; and no person shall

be liable to be convicted of either of the misdemeanors aforesaid, by any evihas.

dence whatever, in respect of any act done by him, if he sball at any time previously to his being indicted for such offence have disclosed such act, on vath, 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 examin

ation or deposition before any commissioners of bankrupt. Stealing

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

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