the suit of her majesty's attorney-general, or by criminal in- 7 Will. 4, & 1 formation before her majesty's court of Queen's Bench, or by indictment. Vict. c. 48. prisoned for 12. That no person who, under the provisions of the said Persons imrecited act and of this act, shall be punished or liable to be riots &c. in punished by imprisonment, for riot or disturbance in any court court not, to be prosecuted held by any commissioner or commissioners of bankrupt, or by indictfor interrupting in any such court the commissioner in the ment. exercise of his duty, shall be prosecuted for such offence or offences by information at the suit of her majesty's attorney general, or by criminal information before her majesty's court of Queen's Bench, or by indictment; any thing in the said recited acts to the contrary notwithstanding. CAP. 54 (a), s. 83.-[Enacts (inter alia), that persons guilty of giving false testimony as therein mentioned, shall be punishable as for perjury.] of the offences CAP. 84 (b), s. 1.-[Recites 11 Geo. 4, & 1 Will. 4, c. 66, Eng. 2 & 3 Will. 4, c. 59, s. 19; 2 & Will, 4, c. 123, ss. 1 & 2, (Hayes, Cr. & Pun. 79,) 2 & 3 Will. 4, c. 125; 5 & 6 Will. 4, cc. 45 & 51.]-" And whereas it is expedient that none of the herein-before mentioned offences should henceforth be punishable with death:" Be it there- Persons confore &c., that if any person shall, after the commencement victed of any of this act, be convicted of any of the offences herein-before herein refermentioned, such person shall not suffer death, or have sen- red to, to be tence of death awarded against him or her for the same, but shall be liable, at the discretion of the court, to be transported beyond 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. transported. enacted by 2." And whereas, by the said recited act, [2 & 3, Will. 4, Punishment c. 123,] persons convicted of the forgeries and other offences 2 & 3 W. 4, connected therewith, therein respectively referred to, are liable c, 123; 3 & 4 to be transported beyond the seas for life :-[Recites also the W. 4, c.51, 3 & 4 Will. 4, c. 51, s. 27, (Hayes, Cr. & Pun. 215,) and s: 27 and 3 & 4 W. 4, 3 & 4 Will. 4, c. 44, s. 3. (Hayes, Cr. & Pun. 4, 35 a, 80).]— c. 44, mitiAnd whereas it is expedient to repeal the said three lastly gated. 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 (a) Entitled "An act to provide more effectual means to make treasurers of counties, and counties of cities in Ireland, account for public monies, and to secure the same." (b) Entitled "An act to abolish the punishment of death in cases of forgery." It came into operation on the 1st of October, 1837-s. 5. 7 Will. 4, & 1 and third years, or the said act of the third and fourth years Vict. c. 84. respectively of his late majesty's reign, to be transported Persons con 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. 3. That when any person shall be convicted of any offence victed of of punishable under this act, for which imprisonment may be fences punishable by imawarded, it shall be lawful for the court to sentence the prisonment offender to be imprisoned, with or without hard labour, in the may be kept to hard labour common gaol or house of correction, and also to direct that and to solitary the offender shall be kept in solitary confinement for any porconfinement. tion 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. CAP. 85 (a), s. 1. Whereas it is expedient to amend [9 Geo. 4, c. 31, Eng., and 10 Geo. 4, c. 34, Ir. ss. 14, 15, & 16, (Hayes, C. P. 84-87)] and so much of the same acts as relates to the punishment of accessories after the fact to such of the felonies punishable under those acts as are Repeal of cer- herein-before referred to :] Be it therefore &c., that so much tain proviof the said acts as is herein-before referred to shall continue in force until and throughout the 30th day of September, 1837, and shall from and after that day be repealed, except as to offences committed before or upon the said 30th day of September, which shall be dealt with and punished as if this act had not been passed. sions of recited acts. Administer 2. That whosoever shall administer to, or cause to be taken ing poison, by any person, any poison or other destructive thing, or shall or injuring with intent to stab, cut, or wound any person, or shall, by any means whatsofelony, death, ever, cause to any person any bodily injury dangerous to life, murder; with intent in any of the cases aforesaid to commit murder, shall be guilty of felony, and being convicted thereof, shall suffer death. Attempting 3. That whosoever shall attempt to administer to any perto murder, though son, any poison or other destructive thing, or shall shoot at no bodily in any person, or shall, by drawing a trigger or in any other jury effected; manner, attempt to discharge any kind of loaded arms at any felony. 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 be (a) Entitled "An act to amend the laws relating to offences against the person," It commenced on 1st of October, 1837.—s. 13. yond the seas for the term of his or her natural life, or for 7 Will. 4, & 1 any term not less than fifteen years, or to be imprisoned for Vict c. 85. any term not exceeding three years. 4. That whosoever unlawfully and maliciously shall shoot Attempting at any person, or shall, by drawing a trigger or in any other tomaim, &c. felony. 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. ter, with in 5. That whosoever shall unlawfully and maliciously send or Sending deliver to, or cause to be taken or received by any person, any explosive substances, or explosive substance, or any other dangerous or noxious thing, throwing deor shall cast or throw upon, or otherwise apply to any person, structive matany corrosive fluid or other destructive matter, with intent, in tent to do boany of the cases aforesaid, to burn, maim, disfigure, or disable dily harm; felony. 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. 6. That whosoever, with intent to procure the miscarriage Trying to of any woman, shall unlawfully administer to her or cause to procure aborbe taken by her any poison or other noxious thing, or shall tion; felony. 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. 7. That in the case of every felony punishable under this act, Punishment every principal in the second degree, and every accessory be- of accessories. fore 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. imprison 8. That where any person shall be convicted of any offence Offences pu. punishable under this act, for which imprisonment may be nishable by awarded, it shall be lawful for the court to sentence the offen- ment. der to be imprisoned, or to be imprisoned and kept to hard la. bour in the common gaol, or house of correction, and also to b 7 Will.4, & 1 direct that the offender shall be kept in solitary confinement, Vict. c. 85. 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. Admiralty 10. That where any felony punishable under this act shall jurisdiction. 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. Verdict of indictment for felony. 11. That on the trial of any person for any of the offences assault, upon herein before mentioned, or 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. Recited acts in part repealed. felony, death. CAP. 86 (a), s. 1. [Whereas, it is expedient to amend so much of an act passed in [7 & 8 Geo. 4, Eng. c. 29, and 9 Geo. 4, Ir. c. 55. (Hayes, Cr. and Pun. 34 a.)] as relates to the punishment of any person convicted of burglary; and se 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 accessories before and after the fact respectively to such of the felonies punishable under those acts, as are herein-before referred to: Be it therefore &c., that so much of the said acts as is hereinbefore referred to shall continue in force until and throughout the 30th day of September, 1837, and shall from and after that day be repealed, except as to offences committed before or upon the said 30th day of September, which shall be dealt with and punished as if this act had not been passed. Burglars us2. That whosoever shall burglariously break and enter into ing violence; 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. Punishment 3. That whosoever shall be convicted of the crime of burof burglary. glary, 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. (a) Entitled" An act to amend the laws relating to burglary and stealing in a dwelling house." It came into operation on the 1st of October, 1837. -s. 12. 4. Provided always, and be it enacted, that, so far as the 7 Will. 4 & 1 same is essential to the offence of burglary, the night shall be Vict. c 86. 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 Burglary, clock in the morning of the next succeeding day. when com missible. house with menace &c.; 5. That whosoever shall steal any property in any dwelling Stealing in a house, and shall, by any menace or threat, put any one being dwelling therein in bodily fear, shall be guilty of felony, and being convicted thereof, shall be liable to be transported beyond the seas, felony. for any term not exceeding fifteen years, nor less than ten years, or to be imprisoned for any term not exceeding three years. of accessories. 6. That in the case of every felony punishable under this Punishment act, 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 (except only a receiver of stolen property) shall, on conviction, be liable to be imprisoned for any term not exceeding two years. ment. 7. That where any person shall be convicted of any offence Offences pupunishable under this act, for which imprisonment may be nishable by awarded, it shall be lawful for the court to sentence the offen- imprisonder 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. 9. That the word "property" shall, throughout this act be Construction deemed to denote every thing included under the words, of the word "chattel, money, or valuable security," used in the said acts of " property." the seventh and eighth years and ninth year respectively of King George the Fourth. 10. That where any felony punishable under this act shall Admiralty be committed within the jurisdiction of the admiralty of Eng- jurisdiction. land 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. CAP. 87 (a), s. 1 [Recites the expediency of amending the 7 & 8 Geo. 4, Eng. c. 29, and 9 Geo. 4, c. 55, Ir. ss. 6, 7, 18,] and so much of the same acts as relates to the punishment of principals in the second degree and of accessories before and after the fact respectively to such of the felonies punishable under those acts as are herein-before referred to: Be it therefore Repeal of &c., that so much of the said acts as is herein-before referred to provisions in (a) Entitled "An act to amend the laws relating to robbery and stealing from the person. It came into operation on the 1st of October, 1837.—s. 15. recited acts. |