punishable with death, shall be punished in the manner prescribed by the statute or statutes specially relating to such felony; and that any person convicted of any felony for which no punishment hath been or hereafter may be specially provided, shall be deemed to be punishable under this act, and shall be liable at the discretion of the court to be imprisoned at hard labour in the Provincial Penitentiary, for any term not less than seven (a) years, or to be imprisoned in any other prison or place of confinement for any term not exceeding two years.

Transportation.-§ 25. If any person sentenced or ordered, or hereafter to be sentenced or ordered to be transported, or who shall have agreed, or shall agree, to transport or banish himself, or herself, on certain conditions, either for life or for any number of years, shall be afterwards at large, within any part of this province, contrary to such sentence, order, or agreement, without some lawful cause, before the expiration of his or her term of transportation or banishment, every such offender shall be guilty of felony, and shall be transported beyond the seas for his or her natural life, and previously to transportation shall be imprisoned for any term not exceeding four years; and every such offender may be tried either in the district, county or place where such offender shall be found at large, or at the district, county, or place in or at which sentence or order of transportation or banishment was passed or made., § 26. In any indictment or information against any offender for being at large in this province, contrary to the provisions of this act, or of any other act hereafter to be in force in this province, it shall be sufficient to allege the sentence or order of transportation or banishment of such offender, without alleging any indictment, information, trial, conviction, judgment, or other proceeding, or any pardon or intention of inercy, or signification thereof, of or against, or in any manner relating to such offender. § 27. The clerk of the court or other officer having the custody of the records of the court, where any such sentence or order of transportation or banishment shall have been passed or made, or his deputy, shall, at the request of any person, any person, on behalf of her Majesty, make out and give a certificate in writing, signed by him, containing the effect and substance only (omitting the formal part) of any indictment, information and conviction, of such offender, and of the sentence or order for his or her transportation or banishment (not taking for the same more than the sum of five shillings); which certificate shall be sufficient evidence of the conviction and sentence, or order for the transportation (a) See post p. 559.

or banishment of such offender; and every such certificate shall be received in evidence upon proof of the signature of the person signing the same.

Imprisonment.-§ 28. 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 the terms 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. § 29. Whenever sentence shall be passed for felony on a person already imprisoned under sentence for another crime, it shall be lawful for the court to award imprisonment for the subsequent offence, to commence at the expiration of the imprisonment, to which such person shall' have been previously sentenced, although the aggregate term of imprisonment may exceed the term for which such punishment could be otherwise awarded.

Second conviction.-§ 30. 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 imprisoned at hard labour in the Provincial Penitentiary for any term not less than seven years, or to be imprisoned in any other prison or place of confinement for any term not exceed ing two years; and in any 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 five shillings 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 the same; and if any such clerk, officer or deputy shall utter any false certificate of any indictment and conviction for a previous felony, or of any sentence or order of transportation or banishment, 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 imprisoned at hard labour in the Provincial Penitentiary, for any term not less than seven years, or to be imprisoned in any other prison or place of confinement for any term not exceeding two years.

Pillory abolished.-§ 31. That from and after the commencement of this act, judgment shall not be given and awarded against any person or persons convicted of any offence that such person or persons do stand in or upon the pillory, any law, statute, or usage to the contrary notwithstanding; provided that nothing herein contained shall extend, or be construed to extend, in any manner to change, alter, or affect any punishment whatever which may now be by law inflicted, in respect of any offence, excepting only the punishment of the pillory.

Commencement of Imprisonment.-That the period of imprisonment in the Provincial Penitentiary in pursuance of any sentence passed under this act, or under any other act relating to the punishment of offences by confinement and imprisonment in the Provincial Penitentiary, shall be held to commence from the period of passing such sentence, whether the convict upon whom such sentence shall be passed shall be removed to the said Provincial Penitentiary forthwith, or be detained in custody in any other prison or place of confinement previously to such removal.

Under the 4 and 5 V. c. 25.

Simple Larceny.-3. Any person convicted of simple larceny, or felony punishable as simple larceny, shall (except as otherwise provided) be liable, at the discretion of the court, to be imprisoned at hard labour in the Provincial Penitentiary for any term not less than seven years, or to be imprisoned in any other prison or place of confinement for any term not exceeding two years.

Felony or Misdemeanor.—§ 4. Any person being convicted of felony or misdemeanor 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 time, and not exceeding three months in any one year, as to the court shall seem meet.

Under the 4 & 5 V. c. 26.

Felony or Misdemeanor.-§ 27. Being a similar provision to the last.

Under the 4 & 5 V. c. 27.

Administering Poison.-§ 9. Whosoever shall administer or cause to be taken by any person, any poison or other destructive 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 to commit murder, shall be guilty of felony, and being convicted thereof shall suffer death.

Attempt to Murder.-§ 10. Whosoever shall attempt to administer to any person any poison or other destructive thing, 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 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 imprisoned at hard labour in the provincial penitentiary for the term of his natural life, or for any term not less than seven years, or to be imprisoned in any other prison or place of confinement for any term not exceeding two years.

Cutting and Maiming.-§ 11. 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 imprisoned at hard labour in the Provincial Penitentiary for the term of his natural life, or for any term not less than seven years, or to be imprisoned in any other prison or place of confinement for any term not exceeding two years.

Using Explosive or Corrosive Matter.-§ 12. Whosoever shall unlawfully and 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 to burn, maim, disfigure, or disable any person, or to do some other grievous bodily harm to any person, and whereby 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 imprisoned at hard labour in the Provincial Penitentiary for the term of his natural life, or for any term not less than seven years, or to be imprisoned in any other prison or place of confinement for any term not exceeding two years.

Abortion.-§ 13. Whosoever, with intent to procure the miscarriage of any woman, shall unlawfully administer 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 imprisoned at hard labour in the Provincial Penitentiary for the term of his natural life, or for any term not less than seven years, or to be imprisoned in any other prison or place of confinement for any term not exceeding two years.

Homicide.-§ 27. No punishment shall be incurred by any person who shall kill another by misfortune, or in his own defence, or in any other manner without felony.

Accessories.--§ 35. Every principal in the second degree, and every accessory 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 accessory 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.

Imprisonment.-§ 36. 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, 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.

Assault. 37. On the trial of any person for any of the offences hereinbefore mentioned, for any felony whatever, where the crime charged shall include an 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.