the Offences the Second and Third Years of His late Majesty (so far as the same is herein-before recited) is applicable to and in nowise varied by the said lastly herein-before recited Act: And whereas it is expedient that none of the herein-before mentioned Offences should henceforth be punishable with Death:' Be it therefore enacted by the Queen'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 if any Person shall after Persons conthe Commencement of this Act be convicted of any of the victed of any of Offences herein-before mentioned, such Person shall not suffer herein-before Death, or have Sentence of Death awarded against him or her mentioned to for the same, but shall be liable, at the Discretion of the be liable to be 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 nor less than Two Years. II. And whereas by the said recited Act of the Second and Third Years of His late Majesty's Reign, for abolishing the Punishment of Death in certain Cases of Forgery, Persons convicted of the Forgeries and other Offences connected therewith therein respectively referred to are liable to be transported beyond the Seas for Life: And whereas by an Act passed in the Third and Fourth Years of the same Reign, intituled An Act for the Management of the Customs, it was amongst other things enacted, that if any Person or Persons 6 transported. c. 123., So much of 2&3 W.4. 3 & 4 W. 4. c. 51. s. 27.,and 3&4 W. 4. to the Punishment of certain c. 44. as relates for Life or for Offences, repealed: and such Offences to be ⚫ should knowingly and wilfully forge or counterfeit, or cause punished by or procure to be forged or counterfeited, or knowingly and Transportation wilfully act or assist in forging or counterfeiting, the Name Years. or Handwriting of any Receiver General of the Customs, or of any Comptroller General of the Customs, or of any Person acting for them respectively as aforesaid, to any Draft, Instrument, or Writing whatsoever, for or in order to the receiving or obtaining any of the Money in the Hands or Custody of the Governor and Company of the Bank of England, on account of the Receiver General of the Customs; or should forge or counterfeit, or cause or procure to be forged or coun'terfeited, or knowingly and wilfully act or assist in the forging or counterfeiting, any Draft, Instrument, or Writing in Form of a Draft made by such Receiver General or Person as aforesaid, or should utter or publish any such, knowing the 6 same to be forged or counterfeited, with an Intention to de• fraud any Person whomsoever; every such Person or Persons so offending, being thereof lawfully convicted, should be and was and were thereby declared and adjudged to be guilty of Felony, and should be transported beyond the Seas for Life: And whereas by an Act passed in the Fourth Year of the same Reign, intituled An Act to repeal so much of Two Acts of the Seventh and Eighth Years and Ninth Year of King George the Fourth as inflicts the Punishment of Death upon Persons breaking, entering, and stealing in a Dwelling House; also for giving Power to the Judges to add to the Punishment of Transportation for Life in certain Cascs of Forgery, and in Ii 2 • certain Persons convicted of Offences punishable by Imprisonment may be kept to hard Labour and to solitary Confinement. Not to affect 5 & 6 W. 4. 4 G. 4. c. 64. Commencc ment of Act. certain other Cases, Persons punishable by Transportation for Life under the said recited Act of the Second and Third Years of His late Majesty's Reign, for abolishing the Punish'ment of Death in certain Cases of Forgery, are liable, pre"viously to their being transported, in case the Court before whom such Persons shall be convicted shall think fit, to be imprisoned, with or without hard Labour, in the Common Gaol or House of Correction, or to be confined in the Penitentiary, for any Term not exceeding Four Years nor less than One Year: And whereas it is expedient to repeal the 'said Three lastly herein-before in part recited Acts, so far as relates to the Punishment of Persons liable to be transported for Life, in order that a more discretionary Punishment may 'be substituted for the same;' be it therefore enacted, That so much of the said Three lastly herein-before in part recited Acts as relates to the Punishment of Persons convicted of Offences for which they are liable under the said Act of the Second and Third Years or the said Act of the Third and Fourth Years respectively of His late Majesty's Reign to be transported for Life shall, from and after the Commencement of this Act, be and the same is hereby repealed; and that from and after the passing of this Act every Person convicted of any of such Offences shall be liable, at the Discretion of the Court, to be transported beyond the Seas for the Term of the natural Life of such Person, or for any Term not less than Seven Years, or to be imprisoned for any Term not exceeding Four Years nor less than Two Years. III. And be it enacted, That when any Person shall be convicted of any Offence punishable under this Act for which Imprisonment may be awarded it shall be lawful for the Court to sentence the Offender to be imprisoned, with or without hard Labour, in the Common Gaol or House of Correction, and also to direct that the Offender shall be kept in solitary Confinement for any Portion or Portions of such Imprisonment, not exceeding One Month at any one Time, and not exceeding Three Months in any one Year, as to the Court in its Discretion shall seem meet. IV. And be it further enacted, That nothing in this Act contained shall be construed to extend to the Alteration or Repeal of any of the Powers, Provisions, or Regulations contained in an Act made and passed in the Fifth and Sixth Years of the Reign of His late Majesty King William the Fourth, intituled An Act for effecting greater Uniformity of Practice in the Government of the several Prisons in England and Wales, and for appointing Inspectors of Prisons in Great Britain, or in an Act made and passed in the Fourth Year of His Majesty King George the Fourth, intituled An Act for consolidating and amending the Laws relating to the building, repairing, and regulating of certain Gaols and Houses of Correction in England and Wales. V. And be it further enacted, That this Act shall commence and take effect on the First Day of October One thousand eight hundred and thirty-seven. CAP. LXXXV. An Act to amend the Laws relating to Offences against the Fourth, intituled An Act for consolidating and amending 9 G. 4. c. 31. the Statutes in England relative to Offences against the Person, ' and also so much of an Act passed in the Tenth Year of the same Reign, intituled An Act for consolidating and amending 10 G. 4. c. 34. the Statutes in Ireland relating to Offences against the Person, as relates to any Person who shall unlawfully and maliciously administer or attempt to administer to any Person, or who shall cause to be taken by any Person, any Poison or other destructive Thing, or who shall unlawfully and maliciously attempt to drown, suffocate, or strangle any Person, or who ⚫ shall counsel, aid, or abet therein; and so much of the same Acts or either of them as relates to any Person who shall unlawfully and maliciously shoot at any Person, or who shall, by drawing a Trigger or in any other Manner, attempt to discharge any Kind of loaded Arms at any Person, or who. shall unlawfully and maliciously stab, cut, or wound any Person, or who shall unlawfully and maliciously throw or ' cast at or upon or otherwise apply to any Person any corrosive or noxious Liquid or Substance, with any of the Intents in < the same Acts mentioned, or who shall counsel, aid, or abet therein; and so much of the same Acts as relates to any • Person who shall use any of the Ways or Means therein • mentioned with Intent to procure the Miscarriage of any Woman, or who shall counsel, aid, or abet therein; and so much of the same Acts as relates to the Punishment of Ac• cessaries after the Fact to such of the Felonies punishable under those Acts as are herein-before referred to:' Be it therefore enacted by the Queen'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 so much of the said Repeal of cerActs as is herein-before referred to shall continue in force until tain Provisions and throughout the Thirtieth Day of September One thousand of recited Acts.. eight hundred and thirty-seven, and shall from and after that Day be repealed, except as to Offences committed before or upon the said Thirtieth Day of September, which shall be dealt. with and punished as if this Act had not been passed. Poison or doing other bodily II. And be it enacted, That whosoever shall administer to Punishment for or cause to be taken by any Person any Poison or other de- administering structive Thing, or shall stab, cut, or wound any Person, or shall by any Means whatsoever cause to any Person any bodily Injury dangerous to Life, with Intent in any of the Cases aforesaid to commit Murder, shall be guilty of Felony, and. being convicted thereof shall suffer Death. III. And be it enacted, "That whosoever shall attempt to administer to any Person any Poison or other destructive Thing, Ii 3 or Injury with mit Murder. Punishment for Intent to com mit Murder though no bodily Injury effected. Punishment for cutting and maiming with Intent to disfigure. sive Substances or throwing destructive Matter with Intent to do bodily Harm. or shall shoot at any Person, or shall, by drawing a Trigger or in any other Manner attempt to discharge any Kind of loaded Arms at any Person, or shall attempt to drown, suffocate, or strangle any Person, with Intent in any of the Cases aforesaid to commit the Crime of Murder, shall, although no bodily Injury shall be effected, be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be transported beyond the Seas for the Term of his or her natural Life, or for any Term not less than Fifteen Years, or to be imprisoned for any Term not exceeding Three Years. IV. And be it enacted, That whosoever unlawfully and maliciously shall shoot at any Person, or shall, by drawing a Trigger or in any other Manner, attempt to discharge any Kind of loaded Arms at any Person, or shall stab, cut, or wound any Person, with Intent in any of the Cases aforesaid to maim, disfigure, or disable such Person, or to do some other grievous bodily Harm to such Person, or with Intent to resist or prevent the lawful Apprehension or Detainer of any Person, 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 the Term of his or her natural Life, or for any Term not less than Fifteen Years, or to be imprisoned for any Term not exceeding Three Years. Punishment for V. And be it enacted, That whosoever shall unlawfully and sending explo- maliciously send or deliver to or cause to be taken or received by any Person any explosive Substance, or any other dangerous or noxious Thing, or shall cast or throw upon or otherwise apply to any Person any corrosive Fluid or other destructive Matter, with Intent in any of the Cases aforesaid to burn, maim, disfigure, or disable any Person, or to do some other grievous bodily Harm to any Person, and whereby in any of the Cases aforesaid any Person shall be burnt, maimed, disfigured, or disabled, or receive some other grievous bodily Harm, 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 the Term of his or her natural Life, or for any Term not less than Fifteen Years, or to be imprisoned for any Term not exceeding Three Years. Punishment for VI. And be it enacted, That whosoever, with Intent to trying to proprocure the Miscarriage of any Woman, shall unlawfully adcure Abortion. minister to her or cause to be taken by her any Poison or other noxious Thing, or shall unlawfully use any Instrument or other Means whatsoever with the like Intent, 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 the Term of his or her natural Life, or for any Term not less than Fifteen Years, or to be imprisoned for any Term not exceeding Three Years. Accessaries. Punishment of VII. And be it enacted, That in the Case of every Felony punishable under this Act every Principal in the Second Degree, and every Accessary before the Fact, shall be punishable with Death or otherwise in the same Manner as the Principal in the First Degree is by this Act punishable; and every Accessary after the Fact to any Felony punishable under this Act shall, on Conviction, be liable to be imprisoned for any Term not exceeding Two Years. VIII. And be it enacted, That where any Person shall be Offences convicted of any Offence punishable under this Act for which punishable by Imprisonment. Imprisonment may be awarded it shall be lawful for the Court to 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 any Portion or Portions of such Imprisonment, or of such Imprisonment with hard Labour, not exceeding One Month at any one Time, and not exceeding Three Months in any one Year, as to the Court in its Discretion shall seem meet. IX. And be it further enacted, That nothing in this Act contained shall be construed to extend to the Alteration or Repeal of any of the Powers, Provisions, or Regulations contained in an Act made and passed in the Fifth and Sixth Years of the Reign of His late Majesty King William the Fourth, intituled An Act for effecting greater Uniformity of Practice in the Government of the several Prisons in England and Wales, and for appointing Inspectors of Prisons in Great Britain, or in an Act made and passed in the Fourth Year of His Majesty King George the Fourth, intituled An Act for consolidating and amending the Laws relating to the building, repairing, and regulating of certain Gaols and Houses of Correction in England and Wales. Not to affect 5 & 6 W. 4. 4 G. 4. c. 64. X. And be it enacted, That where any Felony punishable offences comunder this Act shall be committed within the Jurisdiction of mitted within the Admiralty of England or of Ireland, the same shall be dealt the Jurisdiction with, inquired of, tried, and determined in the same Manner ralty. as any other Felony committed within that Jurisdiction. of the Admi Years in certain Cases. XI. And be it enacted, That on the Trial of any Person Court emfor any of the Offences herein-before mentioned, or for any powered to im Felony whatever, where the Crime charged shall include an prison for Three Assault against the Person, it shall be lawful for the Jury to acquit of the Felony, and to find a Verdict of Guilty of Assault against the Person indicted, if the Evidence shall warrant such Finding; and when such Verdict shall be found, the Court shall have Power to imprison the Person so found guilty of an Assault for any Term not exceeding Three Years. XII. Provided always, and be it enacted, That nothing in Not to extend this Act contained shall extend to Scotland. to Scotland. Commencement XIII. And be it enacted, That this Act shall commence and take effect on the First Day of October One thousand eight of Act. hundred and thirty-seven. |