Felony.

7 & 8 G. 4, c. 64.

Felonies with out benefit of clergy provided for under all circumstances

consequent on

12 G. 3, c. 20.)

if convicted by verdict or confession, such person should not be admitted to the benefit of clergy under any of the circumstances therein enumerated: And whereas it is expedient to extend the like remedy to all offences which now are or here. after shall be excluded from the benefit of clergy; be it therefore enacted, That if any person shall be indicted of any offence for which, by virtue of this or of any other statute or statutes made or to be made, the offender is or shall be excluded from the benefit of clergy, such persons shall be equally excluded from the benefit of clergy, whether he or the indictment. she shall be convicted by verdict or by confession, or shall (3W. & M. c. 9, upon arraignment stand mute of malice, or will not answer s. 2; directly to the charge, or shall challenge peremptorily above the number of twenty persons returned to be of the jury, or shall be outlawed upon such indictment, although the statute or statutes taking away the benefit of clergy in any such case may not expressly provide that the offender shall be exclued from the benefit of clergy in case such offender shall confess or stand mute, or not answer directly, or challenge peremptorily above the number of twenty persons returned to be of the jury, or be outlawed; and every thing herein contained shall extend as well to all accessories as to principals. Felonies within Sect. VIII. And, with regard to clergyable felonies, be it benefit of clergy enacted, That if any person shall be indicted of any felony provided for un- for which the offender is or shall be entitled to the benefit of der all circumclergy, and such person shall on arraignment confess the stances confelony, or stand mute of malice, or will not answer directly to the charge, or shall challenge peremptorily above the number of twenty persons returned to be of the jury, or shall be outlawed upon such indictment, in every such case such person shall be deemed and taken to be convicted of the felony, and the court shall award such judgment as if such person had been convicted by verdict; and every thing herein contained shall extend as well to all accessories as to principals.

sequent on the indictment.

(12 G. 3, c.20.)

Note. As far as regards the standing mute, and improper challenges, the last Criminal Justice Act has provided a

further and most efficient remedy: the reader will be kind enough to refer to the titles, Challenges, and Not Guilty, for these enactments.

Punishment of Accessories under Lord Lansdowne's Act.

9 Geo. 4, c. 31.

Felony.

to offences
against this

Act.

9 Geo. 4, c. 31. Sect. XXXI. And be it enacted, That every accessory be- Provision for fore the fact to any felony punishable under this Act, for whom accessories no punishment has been hereinbefore provided, shall be liable, at the discretion of the court, to be transported beyond the seas for any term not exceeding fourteen years nor less than seven years, or to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding three years; and every accessory after the fact to any felony punishable under this Act (except murder) shall be liable to be imprisoned, with or without hard labour in the common gaol or house of correction, for any term not exceeding two years; and every person who shall counsel, aid or abet the commission of any misdemeanor punishable under this Act, shall be liable to be proceeded against and punished as a principal offender.

FELONIES, SUBSEQUENT;
Punishment for them.

CRIMINAL JUSTICE ACT.

7 & 8 Geo. 4, c. 28.

Felonies, subse quent.

7 & 8 G.4, c.28.

another crime is

Sect. X. And be it enacted, That wherever sentence shall If a person unbe passed for felony on a person already imprisoned under der sentence for sentence for another crime, it shall be lawful for the court to convicted of feaward imprisonment for the subsequent offence, to commence lony the court at the expiration of the imprisonment to which such person may pass à seshall have been previously sentenced; and where such percond sentence, to commence son shall be already under sentence, either of imprisonment or after the expiraof transportation, the court, if empowered to pass sentence tion of the first. of transportation, may award such sentence for the subsequent offence, to commence at the expiration of the imprisonment

or transportation to which such person shall have been pre

quent.

Felonies, subse- viously sentenced, although the aggregate term of imprison ment or transportation respectively may exceed the term for which either of those punishments could be otherwise awarded.

7 & 8 G. 4,c. 28.

Punishment for

a subsequent felony.

Sect. XI. And whereas it is expedient to provide for the more exemplary punishment of offenders who commit felony after a previous conviction for felony, whether such conviction shall have taken place before or after the commencement of this Act; be it therefore enacted, That if any person shall 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 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 imprisonForm of indictment; and in an indictment for any such felony committed 'ment for the after a previous conviction for felony, it shall be sufficient to subsequent felony. state that the offender was at a certain time and place conWhat shall be victed of felony, without otherwise describing the previous sufficient proof felony; and a certificate containing the substance and effect of the first con- 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 and 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 Uttering false person appearing to have signed the same: and if any such clerk, certificate of officer or deputy shall utter a false certificate of any indictconviction. ment 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 law

viction.

3

fully convicted thereof, shall be liable, at the discretion of the Felonies, subsecourt, to be transported beyond the seas for the term of seven quent. 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.

Indictment for Felony, stating a previous Conviction for Felony.
Hertfordshire, The jurors for our lord the King, upon their

to wit. Joath present, that heretofore, to wit, at the
assizes and general session of our sovereign lord the King, of
oyer and terminer and general gaol delivery, held at the
of Hertford, in and for the county of Hertford, on Tuesday,
the
day of March, in the ninth year of the reign of our
sovereign lord George the Fourth, by the grace of God, &c.,
before his Majesty's trusty and well-beloved Sir - knight,
one of the barons of our said sovereign lord the King, of his
said Majesty's Court of Exchequer, and Sir knight,
[one of the justices, &c., as the case may be,] and others
their companions, justices and commissioners of our said
sovereign lord the King, by virtue of letters patent of our said
sovereign lord the King, [or, at the general quarter sessions of
the peace holden at Hertford, in and for the county of Hertford,]
on, &c., A. late of the parish of
in the county of

labourer, was in due form of law tried and convicted of felony,
and that the said A. having been so convicted as aforesaid,
and the said conviction being in full force and effect, and not
in the least reversed or made void, afterwards, to wit, on the
day of
in the tenth year of the reign, &c., at the
parish of
in the county of one watch, &c. [describe
the subsequent felony] against the form of the statute, &c.,
and against the peace of our said lord the King, his crown
and dignity.

Evidence.

In the course of the trial upon this indictment, you must put in the prior conviction. The statute says, that a certificate signed by the clerk of the court, or other officer having the custody of the records of the court where the offender is convicted, containing the substance and effect of the former indictment and conviction, without the formal part, shall be sufficient.

But you must give also some proof of the identity of the prisoner. The subsequent offence is then to be shown, as in ordinary cases.

F

7&8 G. 4, c. 28.

Fences, Gates,

FENCES, GATES, STILES, WOOD, &c.

Stiles, Wood, &c. The 13 Edw. 1, st. 1, c. 46;

7 & 8 G. 4, c. 29.

Stealing, &c.

fence, wooden fence, stile or gate.

Geo. 1, c. 16; 9 Geo. 3,

c. 29; 16 Geo. 3, c. 30, repealed by 7 & 8 Geo. 4, c. 27.

LARCENY Acr.

7 & 8 Geo. 4, c. 29.

Sect. XL. And be it enacted, That if any person shall steal, any live or dead or shall cut, break or throw down with intent to steal, any part of any live or dead fence, or any wooden post, pale or rail set up or used as a fence, or any stile or gate, or any part thereof respectively, every such offender, being convicted before a justice of the peace, shall for the first offence forfeit and pay, over and above the value of the article or articles so stolen, or the amount of the injury done, such sum of money, not exceeding £. 5, as to the justice shall seem meet; and if any person so convicted shall afterwards be guilty of any of the said offences, and shall be convicted thereof in like manner, every such offender shall be committed to the common gaol or house of correction, there to be kept to hard labour for such term, not exceeding twelve calendar months, as the convicting justice shall think fit; and if such subsequent conviction shall take place before two justices, they may further order the offender, if a male, to be once or twice publicly or privately whipped, after the expiration of four days from the time of such conviction.

Suspected persons in possession of wood,

&c. not satis. factorily ac

Sect. XLI. And be it enacted, That if the whole or any part of any tree, sapling or shrub, or any underwood, or any part of any live or dead fence, or any post, pale, rail, stile or gate, or any part thereof, being of the value of two shillings counting for it. at the least, shall, by virtue of a search warrant, to be granted as hereinafter mentioned, be found in the possession of any person, or on the premises of any person, with his knowledge, and such person, being carried before a justice of the peace, shall not satisfy the justice that he came lawfully by the same,