7 Will. 4, & 1 shall continue in force until and throughout the 30th day of Vict. c. 87. September, 1837, and shall from and after that day be repealed, except as to offences committed before or upon the said 30th day of September, which shall be dealt with and punished as if this act had not been passed. Robbery, 2. That whosoever shall rob any person, and at the time of with cutting, or immediately before or immediately after such robbery shall &c.; felony, stab, cut, or wound any person, shall be guilty of felony, and being convicted thereof shall suffer death. death. Robbery felony. 3. That whosoever shall, being armed with any offensive at ended with weapon or instrument, rob, or assault with intent to rob any violence; person, or shall, together with one or more person or persons, rob or assault with intent to rob 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. Obtaining property by threat of ac natural crime; felony. 4. That whosoever shall accuse, or threaten to accuse any person of the abominable crime of buggery, committed either cusing of un- with mankind or with beast, or of any assault with intent to commit the said abominable crime, 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. 5. That whosoever shall rob any person, or shall steal any Robbery or stealing property from the person of another, shall be liable, at the disfrom the per-cretion 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. son. Assault 6. That whosoever shall assault any person with intent to with intent to rob, shall be guilty of felony, and being convicted thereof, rob; felony. 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. Demanding property by menace; felony. 7. 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 7 Will. 4, & 1 years. 8. That whosoever 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 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. Vict. c. 87. Punishment for wrecking. of accessories. 9. 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. 10. That where any person shall be convicted of any offence Offences punishable by punishable under this act, for which imprisonment may be imprisonawarded, it shall be lawful for the court to sentence the offen- ment. der 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. 12. That the word "property" shall throughout this act be Construction deemed to denote every thing included under the words of the word 66 property." "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. 13. 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. 88 (a), s. 1. Whereas it is expedient to amend so much of an act passed in [28 Hen. 8, Eng. c. 15; 11 & 12 Will. 3, Eng. c. 7; 4 Geo. 1, Eng. c. 11; 8 Geo. 1, Eng. c. 24; and 18 Geo. 2, Eng. c. 30,] as relates to the punishment of the crime of piracy, or of any offence by any of the said acts declared to be piracy, or of accessories thereto respectively be it therefore &c., that so much of the said several Repeal of acts as is herein-before referred to, shall, from and after the provisions in recited acts. (a) Entitled "An act to amend certain acts relating to the crime of piracy.” It came into operation on the 1st of October, 1837-s, 7. 7 Will. 4, & 1 commencement of this act, be and the same is hereby reVict. c. 88. pealed. attempt to murder; 2. That from and after the commencement of this act, Piracy with whosoever, with intent to commit, or at the time of or immediately before or immediately after committing, the crime of felony, death. piracy in respect of any ship or vessel, shall assault, with intent to murder, any person being on board of or belonging to such ship or vessel, or shall stab, cut, or wound any such person, or unlawfully do any act by which the life of such person may be endangered, shall be guilty of felony, and being convicted thereof, shall suffer death as a felon. Punishment of piracy. Committing 3. That from and after the commencement of this act, whosoever shall be convicted of any offence which, by any of the acts herein-before referred to, amounts to the crime of piracy, and is thereby made punishable with death (a), 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 fifteen years, or to be imprisoned for any term not exceeding three years. (a) The offences above alluded to, are detailed in the following clauses of English statutes : 11 & 12 Will. 3, c. 7, s. 8. That if any of his Majesty's natural born sub piracy against jects or denizens of this kingdom shall commit any piracy or robbery or any a fellow sub- act of hostility against others his Majesty's subjects upon the sea, under color ject, under of any commission from any foreign prince or state, or pretence of authority color of foreign comfrom any person whatsoever, such offender and offenders and every of them mission; shall be deemed, adjudged, and taken to be pirates, felons, and robbers, and piracy. they and every of them, being duly convicted thereof, according to this act, or the aforesaid statute of [28 H. 8, c. 15 Eng.; 11, 12, and 13, Jac. 1, c. 2. Ir. Hayes, C. P. 18] shall have and suffer such pains of death, loss of lands, goods and chattels, as pirates, felons, and robbers upon the sea ought to have and suffer. Running 9. That if any commander or master of any ship, or any seaman or mariner, away with his shall in any place where the admiral hath jurisdiction, betray his trust and ship, yielding turn pirate, enemy or rebel, and piratically and feloniously run away with his it to pirates, confining the or their ship or ships; or any barge, boat, ordnance, ammunition, goods or master, mu tinying, &c.; piracy. Clergy excluded. merchandises, or yield them up voluntarily to any pirate, or shall bring any seducing messages from any pirate, enemy, or rebel, or consult, combine or confederate with, or attempt or endeavour to corrupt any commander, master, officer or mariner to yield up, or run away with any ship, goods, or merchandizes, or turn pirate, or go over to pirates; or if any person shall lay violent hands on his commander, whereby to hinder him from fighting in defence of his ship and goods committed to his trust, or that shall confine his master, or make, or endeavour to make a revolt in the ship, shall be adjudged, deemed, and taken to be a pirate, felon, and robber, and being convicted thereof according to the directions of this act, shall have and suffer pains of death, loss of lands, goods and chattels, as pirates, felons and robbers upon the seas ought to have and suffer. 4 Geo. 1, c. 11, s. 7. That all and every person and persons who have committed or shall commit any offence or offences, for which they ought to be adjudged, deemed and taken to be pirates, felons or robbers by [11 & 12 4. That in the case of every felony punishable under this 7 Will. 4, & 1 act, every principal in the second degree and every accessory Vict. c. 88. before the fact shall be punishable with death or otherwise, in the same manner as the principal in the first degree is by this Punishment 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. of accessories. 5. That where any person shall be convicted of any offence Offences punpunishable under this act, for which imprisonment may be ishable by imawarded, it shall be lawful for the court to sentence the of- prisonment. fender to be imprisoned, or 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. CAP. 89 (a), s. 1, [Recites that it is expedient to amend the 7 & 8 Geo. 4, c, 30, Eng. and the 9 Geo. 4, c. 56, Ir. ss. 2, 6, 9, 11, and so much of s. 18] as relates to any person who shall unlawfully or maliciously set fire to any stack of corn, Will. 3, Eng. c. 7.] * * * * shall and ought to be utterly debarred and excluded from the benefit of clergy for the said offences; any law or statute to the contrary thereof in any wise notwithstanding. seas, 8 Geo. 1, c. 24, s. 1. That if any commander or master of any ship Trading or or vessel, or any other person or persons, shall from and after the 25th day of correspondMarch, 1722, any wise trade with any pirate, by truck, barter, exchange or in ing with any other manner, or shall furnish any pirate, felon or robber upon the pirates, with any ammunition, provision or stores of any kind, or shall fit out any ship or vessel knowingly and with a design to trade with, or supply, or correspond with any pirate, felon, or robber on the seas, or if any person or person, shall any ways consult, combine, confederate or correspond with any pirate, felon or robber on the seas, knowing him to be guilty of any such piracy, felony or robbery, such offender and offenders, and every of them, shall in each and every of the said cases be deemed, adjudged and taken to be guilty of piracy, felony and robbery; * * * and he and they being convicted of all or any the matters aforesaid, shall suffer such pains of death, loss of lands, goods and chattels, as pirates, felons and robbers upon the seas ought to suffer; and or forcibly in case any person or persons belonging to any ship or vessel whatsoever, boarding any vessel, and upon meeting any merchant ship or vessel on the high seas, or in any port, destroying haven or creek whatsoever, shall forcibly board or enter into such ship or goods therein; vessel, and though they do not seize and carry off such ship or vessel, shall piracy. throw overboard or destroy any part of the goods or merchandises belonging to such ship or vessel, the person or persons who shall be guilty thereof, shall in all respects be deemed and punished as pirates as aforesaid. 4. That all and every offender or offenders convicted of any piracy, felony Clergy ex or robbery by virtue of this act, shall not be admitted to have the benefit of cluded. clergy, but be utterly excluded of and from the same. (a) Entitled "An act to amend the laws relating to burning or destroying buildings and ships." It took effect on the first of October, 1837-s. 16. Vict. c. 89. 7 Will. 4, & 1 grain, pulse, straw, hay, coals, turf, charcoal, or wood; 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 Repeal of under those acts as are hereinbefore referred to; Be it thereprovisions in fore &c., 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, 1837, 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. Setting fire to a dwelling house, any 2. That whosoever shall unlawfully and maliciously set fire to any dwelling house, any person being therein, shall be person being guilty of felony, and being convicted thereof shall suffer therein; felony, death. Setting fire to a church, or chapel, house, &c.; felony. death. 3. That whosoever shall unlawfully and maliciously set fire to any church or chapel, or to any chapel for the religious worship of persons dissenting from the united church of house, ware- England and Ireland; or shall unlawfully and maliciously set fire to any house, stable, coach-house, out-house, warehouse, office, shop, mill, malthouse, hopoast, barn, or granary, or to any building or erection used in carrying on any trade or manufacture, or any branch thereof, whether the same or any of them respectively shall then be in the possession of the offender, or in the possession of any other person, with intent thereby to injure or defraud 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 the natural life of such offender, or for any term not less than fifteen years, or to be imprisoned for any term not exceeding three years. Setting fire, &c. to ships with intent to murder; felony, death Hanging out false lights to cause 4. That whosoever shall unlawfully and maliciously set fire to, cast away, or in anywise destroy any ship or vessel, either with intent to murder any person, or whereby the life of any person shall be endangered, shall be guilty of felony, and being convicted thereof, shall suffer death. 5. That whosoever shall unlawfully exhibit any false light or signal, with intent to bring any ship or vessel into danger, or shall unlawfully and maliciously do any thing tending to felony, death. the immediate loss or destruction of any ship or vessel in distress, shall be guilty of felony, and being convicted thereof, shall suffer death. shipwreck; Setting fire, with intent to destroy it; 6. That whosoever shall unlawfully and maliciously set fire &c. to a ship to or in anywise destroy any ship or vessel, whether the same be complete or in an unfinished state, or shall unlawfully and maliciously set fire to, cast away, or in anywise destroy any ship or vessel, with intent thereby to prejudice any owner or part owner of such ship or vessel, or of any goods on board the same, or any person that hath underwritten or shall felony. |