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9 G. 4. c. 55.

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CAP. LXXXVI.

An Act to amend the Laws relating to Burglary and Stealing in a Dwelling House. [17th July 1837.] WHEREAS it is expedient to amend so much of an Act passed in the Seventh and Eighth Years of the Reign 7&8 G. 4. c.29. of King George the Fourth, intituled An Act for consolidating and amending the Laws in England relative to Larceny and other Offences connected therewith, and also so much of an Act passed in the Ninth Year of the same Reign, intituled An Act for consolidating and amending the Laws in Ireland relative to Larceny and other Offences connected therewith, as relates to the Punishment of any Person convicted of Burglary, and so much of the same Acts as relates to any Person who shall steal any Chattel, Money, or valuable Security, to any Value whatever, in any Dwelling House, any Person therein being put in fear, and so much of the same Acts as relates to the Punishment of Principals in the Second Degree, and of Accessaries before and after the Fact respectively to such of the Felonies punishable under those Acts as are hereinbefore 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 Acts as is herein-before referred to shall continue in force until and throughout the Thirtieth Day of September One thousand eight hundred and thirty-seven, and shall from and after that Day be repealed, except as to Offences committed before or upon the said Thirtieth Day of September, which shall be dealt with and punished as if this Act had not been passed.

Recited Acts in part repealed

after 30th Sept.
1837, except
as to Offences
on or before
that Day.

Burglars using Violence to suffer Death.

Punishment of
Burglary.

Between what
Hours the

breaking into a
House is to be
considered as
Burglary.

Stealing in a
Dwelling
House with

Menace or
Threat.

II. And be it enacted, That whosoever shall burglariously break and enter into any Dwelling House, and shall assault with Intent to murder any Person being therein, or shall stab, cut, wound, beat, or strike any such Person, shall be guilty of Felony, and being convicted thereof shall suffer Death.

III. And be it enacted, That whosoever shall be convicted of the Crime of Burglary shall be liable, at the Discretion of the Court, to be transported beyond the Seas for the Term of the natural Life of such Offender, or for any Term not less than Ten Years, or to be imprisoned for any Term not exceeding Three Years.

IV. Provided always, and be it enacted, That, so far as the same is essential to the Offence of Burglary, the Night shall be considered and is hereby declared to commence at Nine of the Clock in the Evening of each Day, and to conclude at Six of the Clock in the Morning of the next succeeding Day.

V. And be it enacted, That whosoever shall steal any Property in any Dwelling House, and shall by any Menace or Threat put any one being therein in bodily Fear, shall be guilty of Felony, and being convicted thereof shall be liable to be

transported

transported beyond the Seas for any Term not exceeding Fifteen Years nor less than Ten Years, or to be imprisoned for any Term not exceeding Three Years.

VI. And be it enacted, That in the Case of every Felony Punishment of punishable under this Act every Principal in the Second Degree Accessaries. 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 (except only a Receiver of stolen Property) shall, on Conviction, be liable to be imprisoned for any Term not exceeding Two Years.

VII. And be it enacted, That where any Person shall Offences be convicted of any Offence punishable under this Act for Imprisonment. punishable by which 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.

Not to affect

Powers of
5 & 6 W. 4.

VIII. 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 con- c. 38. and tained in an Act made and passed in the Fifth and Sixth Years 4 G. 4. c. 64. 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.

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"Property."

IX. And be it enacted, That the Word "Property" shall Construction throughout this Act be deemed to denote every Thing included of the Word under the Words "Chattel, Money, or valuable Security used in the said Acts of the Seventh and Eighth Years and Ninth Year respectively of King George the Fourth.

Offences com

mitted within Jurisdiction of

X. And be it enacted, That where any Felony punishable under this Act shall be committed within the Jurisdiction of the Admiralty of England or of Ireland, the same shall be dealt Admiralty. with, inquired of, tried, and determined in the same Manner as any other Felony committed within that Jurisdiction.

XI. Provided always, and be it enacted, That nothing in this Not to extend

Act contained shall extend to Scotland.

to Scotland.

XII. And be it enacted, That this Act shall commence and Commencetake effect on the First Day of October One thousand eight ment of Act. hundred and thirty-seven.

7 & 8 G. 4. c. 29.

9 G. 4. c. 55.

CAP. LXXXVII.

An Act to amend the Laws relating to Robbery and
Stealing from the Person.
[17th July 1837.]
WHEREAS it is expedient to amend so much of an Act

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passed in the Seventh and Eighth Years of the Reign of King George the Fourth, intituled An Act for consolidating and amending the Laws in England relative to Larceny and other Offences connected therewith, and also so much of an Act passed in the Ninth Year of the same Reign, intituled An Act for consolidating and amending the Laws in Ireland relative to Larceny and other Offences connected therewith, as relates to any Person who shall rob any other Person of any Chattel, Money, or valuable Security, or who 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 Property of any other Person with Intent to steal the same; and so much of the same Acts as relates to any Person who shall accuse or threaten to accuse any other Person of any infamous Crime with a View or 'Intent to extort or gain from him, and who shall by intimidating him by such Accusation or Threat extort or gain from him, any Chattel, Money, or valuable Security; and so 'much of the same Acts as relates to any Person who shall plunder or steal any Part of any Ship or Vessel which shall be in Distress, or wrecked, stranded, or cast on Shore, or any Goods, Merchandize, or Articles of any Kind belonging to such Ship or Vessel; and so much of the same Acts as relates to the Punishment of Principals in the Second Degree and of Accessaries before and after the Fact respectively 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 Repeal of Pro- the same, That so much of the said Acts as is herein-before

visions in re

cited Acts.

Punishment of
Robbery

attended with
cutting, &c.

Punishment of Robbery

attended with Violence.

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6

referred to shall continue in force until and throughout the Thirtieth Day of September One thousand 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.

II. And be it enacted, That whosoever shall rob any Person, and at the Time of or immediately before or immediately after such Robbery shall stab, cut, or wound any Person, shall be guilty of Felony, and being convicted thereof shall suffer Death.

III. And be it enacted, That whosoever shall, being armed with any offensive Weapon or Instrument, rob or assault with Intent to rob any Person, or shall, together with One or more Person or Persons, rob or assault with Intent to rob

any

any Person, or shall rob any Person, and at the Time of or immediately before or immediately after such Robbery shall beat, strike, or use any other personal Violence to 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.

unnatural

Crimes.

IV. And be it enacted, That whosoever shall accuse or Punishment for obtaining threaten to accuse any Person of the abominable Crime of Property Buggery committed either with Mankind or with Beast, or of by Threat of any Assault with Intent to commit the said abominable Crime, accusing of or of any Attempt or Endeavour to commit the said abominable Crime, or of making or offering any Solicitation, Persuasion, Promise, or Threat to any Person whereby to move or induce such Person to commit or permit the said abominable Crime, with a View or Intent in any of the Cases aforesaid to extort or gain from such Person, and shall by intimidating such Person by such Accusation or Threat extort or gain from such Person any Property, 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.

the Person.

V. And be it enacted, That whosoever shall rob any Person, Punishment of or shall steal any Propetry from the Person of another, shall be stealing from liable, at the Discretion of the Court, to be transported beyond the Seas for any Term not exceeding Fifteen Years nor less than Ten Years, or to be imprisoned for any Term not exceeding Three Years.

VI. And be it enacted, That whosoever shall assault any Person with Intent to rob shall be guilty of Felony, and being convicted thereof shall (save and except in the Cases where a greater Punishment is provided by this Act) be liable to be imprisoned for any Term not exceeding Three Years.

VII. And be it enacted, That whosoever shall, with Menaces or by Force, demand any Property of any Person with Intent to steal the same, shall be guilty of Felony, and being convicted thereof shall be liable to be imprisoned for any Term not exceeding Three Years.

Punishment for set to rob.

Intent to

Punishment for attempting to obtain Property by Menace.

VIII. And be it enacted, That whosoever shall plunder or Punishment for steal any Part of any Ship or Vessel which shall be in Distress, wrecking. or wrecked, stranded, or cast on Shore, or any Goods, Merchandize, or Articles of any Kind belonging to such Ship or Vessel, and be convicted thereof, shall be liable, at the Discretion of the Court, to be transported beyond the Seas for any Term not exceeding Fifteen Years nor less than Ten Years, or to be imprisoned for any Term not exceeding Three Years.

IX. And be it enacted, That in the, Case of every Felony Punishment of punishable under this Act every Principal in the Second Degree Accessaries. and every Accessary before the Fact shall be punishable with Death or otherwise in the same Manner as the Principal in the

Offences punishable by Imprisonment.

Not to affect Powers of 5 & 6 W. 4. c. 38. and

4 G. 4. c.64.

Construction of the Word

"Property."

Offences committed within the Admiralty Jurisdiction.

Not to extend to Scotland.

Commencement of Act.

28 H. 8. c. 15.

First Degree is by this Act punishable; and every Accessary after the Fact to any Felony punishable under this Act (except only a Receiver of stolen Property) shall, on Conviction, be liable to be imprisoned for any Term not exceeding Two Years.

X. And be it enacted, That where 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, 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.

XI. 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.

XII. And be it enacted, That the Word "Property" shall throughout this Act be deemed to denote every Thing included under the Words "Chattel, Money, or valuable Security" used in the said Acts of the Seventh and Eighth Years and Ninth Year respectively of King George the Fourth.

XIII. And be it enacted, That where any Felony punishable under this Act shall be committed within the Jurisdiction of the Admiralty of England or of Ireland, the same shall be dealt with, inquired of, tried, and determined in the same Manner as any other Felony committed within that Jurisdiction.

XIV. Provided always, and be it enacted, That nothing in this Act contained shall extend to Scotland.

XV. And be it enacted, That this Act shall commence and take effect on the First Day of October One thousand eight hundred and thirty-seven.

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CAP. LXXXVIII.

An Act to amend certain Acts relating to the Crime of
Piracy.
[17th July 1887.]
WHEREAS it is expedient to amend so much of an Act
passed in the Twenty-eighth Year of the Reign of King
• Henry the Eighth, intituled For Pirates, and so much of an
'Act passed in the Eleventh and Twelfth Years of the Reign of

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