43 G. 3. c. 58. Part of s. 1.

except s. 6.

the twenty-third year of his late Majesty King George the Second, as relates to the preventing the stealing or destroying of turnips, and for the more effectually preventing the stealing or destroying of turnips, potatoes, cabbages, parsnips, pease, and carrots,' to certain other field crops, and to orchards ; and for amending the said act;" and an act passed in the same forty-second year, 42 G. 3. c. 107. intituled "An act more effectually to prevent the stealing of deer;" and so much of an act passed in the forty-third year of the same reign, intituled “ An act for the further prevention of malicious shooting, and attempting to discharge loaded fire arms, stabbing, cutting, wounding, poisoning, and the malicious using of means to procure the miscarriage of women; and also the malicious setting fire to buildings; and also for repealing a certain act made in England in the twenty-first year of the late King James the First, intituled An act to prevent the destroying and murdering of bastard children' and also an act made in Ireland in the sixth year of the reign of the late Queen Anne, also intituled 'An act to prevent the destroying and murdering of bastard children; and for making other provisions in lieu thereof," as relates to the setting fire to any of the buildings therein enumerated; and the whole of 43 G. 3. c. 113. an act passed in the same forty-third year, intituled "An act for the more effectually providing for the punishment of offences in wilfully casting away, burning, or destroying ships or vessels; and for the more convenient trial of accessories in felonies; and for extending the powers of an act made in the thirtythird year of the reign of King Henry the Eighth, as far as relates to murders, to accessories to murders, and to manslaughters," except so much thereof as specially relates to accessories before the fact in murder, and to manslaughter; and so much of an act passed in the forty-fourth year of King George the Third, 44 G. 3. c. 92. intituled "An act to render more easy the apprehending and bringing to trial s. 7, 8. offenders escaping from one part of the United Kingdom to the other, and also from one county to another," as relates to the prosecution and punishment of persons for theft or larceny, and for receiving or having any stolen property, as therein mentioned; and an act passed in the forty-fifth year of the same reign, 45 G. 3. c. 66. intituled "An act to prevent in Great Britain the illegally carrying away bark; and for amending two acts passed in the sixth and ninth years of his present Majesty's reign, for the preservation of timber trees, underwoods, roots, shrubs, plants, hollies, thorns, and quicksets;" and an act passed in the forty-eighth 48 G. 3. c. 129. year of the same reign, intituled "An act to repeal so much of an act passed in the eighth year of the reign of Queen Elizabeth, intituled An act to take away the benefit of clergy from certain offenders for felony,' as takes away the benefit of clergy from persons stealing privily from the person of another; and for more effectually preventing the crime of larceny from the person;" 48 G. 3. c. 144. and an act passed in the same forty-eighth year, intituled "An act for the more effectual protection of oyster fisheries and the brood of oysters in England ;" and an act passed in the fifty-first year of the same reign, intituled "An act to repeal so much of an act passed in the eighteenth year of the reign of King George the Second, intituled 'An act for the more effectually preventing the stealing of linen, fustian, and cotton goods and wares, in buildings, fields, grounds, and other places used for printing, whitening, bleaching, or dyeing the same,' as takes away the benefit of clergy from persons stealing cloth in places therein mentioned; and for more effectually preventing such 51 G. 3. c. 120. felonies;" and an act passed in the same fifty-first year, intituled "An act to

51 G. 3. c. 41.

.

amend an act of the forty-seventh year of his present Majesty, for more effectually preventing the stealing of deer;" and an act passed in the fifty-second 52 G. 3. c. 63. year of the same reign, intituled “An act for more effectually preventing the embezzlement of securities for money and other effects left or deposited for safe custody, or other special purpose, in the hands of bankers, merchants, brokers, attornies, or other agents; and an act passed in the same year, inti52 G. 3. c. 64. tuled “An act for extending the provisions of an act of the thirtieth year of King George the Second, against persons obtaining money by false pretences, to persons so obtaining bonds and other securities;" and another act passed in 52 G. 3. c. 130. the same fifty-second year, intituled "An act for the more effectual punishment of persons destroying the properties of his Majesty's subjects, and enabling the owners of such properties to recover damages for the injury sustained;" and so much of an act passed in the fifty-third year of the same 53 G. 3. c. 162. reign, intituled " An act to repeal a certain provision respecting persons convicted of felony without benefit of clergy, contained in an act made in the fifty-second year of the reign of his present Majesty, for the erection of a

7 & 8 GEO. IV. c. 27.

penitentiary house for the confinement of persons convicted within the city of London and county of Middlesex, and for making other provisions in lieu thereof," as relates to the punishment of larceny; and an act passed in the fifty-sixth year of the same reign, intituled "An act for the more effectual 56 G. 3. c. 125. punishment of persons riotously destroying or damaging buildings, engines, and machinery used in and about collieries and other mines, waggonways, bridges, and other works used in conveying and shipping coals and other mineof rals; and for enabling the owners of such property to recover damages for the year injury sustained ;" and so much of an act passed in the fifty-seventh the same reign, intituled “An act for the more effectually preventing sedi- 57 G. 3. c. 19. tious meetings and assemblies," as relates to the liability of the inhabitants of s. 38. the city, town, or hundred, to yield compensation to the party injured, as therein mentioned; and an act passed in the first year of the reign of his pre

sent Majesty, intituled "An act for the summary punishment, in certain cases, 1 G. 4. c. 56.

of persons wilfully or maliciously damaging or committing trespasses on pub

lic or private property;" and the whole of an act passed in the same year,

intituled "An act to repeal so much of the several acts passed in the thirty- 1 G. 4. c. 115. ninth year of the reign of Elizabeth, the fourth of George the First, the fifth and eighth of George the second, as inflicts capital punishment on certain offences therein specified, and to provide more suitable and effectual punishment for such offences," except so much thereof as relates to the offences made capital by the said act of Queen Elizabeth; and another act passed in "An act to repeal so much of an 1 G. 4. c. 117. the same year of the present reign, intituled act passed in the tenth and eleventh years of King William the Third, intituled An act for the better apprehending, prosecuting, and punishing of felons that commit burglary, house-breaking, or robbery in shops, warehouses, coachhouses, or stables, or that steal horses,' as takes away the benefit of clergy from persons privately stealing, in any shop, warehouse, coach-house, or stable, any goods, wares, or merchandizes of the value of five shillings; and for more effectually preventing the crime of stealing privately in shops, warehouses, coach-houses, or stables ;" and an act passed in the third year of the present reign, intituled" Au act for extending the laws against receivers of stolen 3 G. 4. c. 24. goods to receivers of stolen bonds, bank notes, and other securities for money;" and an act passed in the same year, intituled "An act for altering 3 G. 4. c. 33. and amending several acts passed in the first and ninth years of the reign of King George the First, and in the forty-first, fifty-second, fifty-sixth, and fiftyseventh years of the reign of his late Majesty King George the Third, so far as the same relate to the recovery of damages committed by riotous and tumultuous assemblies, and unlawful and malicious offenders; and the whole of an

act passed in the same year of the present reign, intituled "An act for the fur- 3 G. 4. c. 38. ther and more adequate punishment of persons convicted of manslaughter, and of servants convicted of robbing their masters, and of accessories before the fact to grand larceny, and certain other felonies," except so far as relates to manslaughter; and so much of another act passed in the same year, intituled "An act to provide for the more effectual punishment of certain offences, 3 G. 4. c. 114, by imprisonment with hard labour," as relates to the punishment for receiving stolen goods, and for obtaining any property as therein mentioned by false

pretences; and so much of an act passed in the same year, intituled "An act 3 G. 4. c. 126. to amend the general laws now in being for regulating turnpike roads in that s. 128. part of Great Britain called England," as creates any felony; and the whole

of an act passed in the fourth year of the present reign, intituled "An act for 4 G. 4. c. 46. repealing the capital punishments inflicted by several acts of the sixth and twenty-seventh years of King George the Second, and of the third, fourth, and twenty-second years of King George the Third, and for providing other punishments in lieu thereof, and in lieu of the punishment of frame-breaking under an act of the twenty-eighth year of the same reign," except so far as relates to the felonies created by the acts of the twenty-seventh year of King George the Second, and of the third year of King George the Third therein recited; and the whole of an act passed in the same year of the present reign, intituled An act for extending the benefit of clergy to several larcenies 4 G. 4. c. 53. therein mentioned," except so far as relates to any person convicted of stealing or embezzling his Majesty's ammunition, sails, cordage, or naval or military stores, or of being accessory to any such offence; and the whole of an act passed in the same year, intituled "An act for allowing the benefit of clergy 4 G. 4. c. 54. to persons convicted of certain felonies under two acts of the ninth year of

66

Ꭰ

6 G. 4. c. 19.

6 G. 4. c. 94. s. 7, 8, 9, 10.

7 G. 4. c. 69.

Not to repeal any act relating to the post office, the revenue, public stores, Bank

of England, or South Sea Company.

King George the First and of the twenty-seventh year of King George the Second; for making better provision for the punishment of persons guilty of sending or delivering threatening letters, and of assaults with intent to commit robbery," except so far as relates to any person who shall send or deliver any letter or writing threatening to kill or murder, or to burn or destroy, as therein mentioned, or shall be accessory to any such offence, or shall forcibly rescue any person being lawfully in custody for any such offence; and an act passed in the sixth year of the present reign, intituled." An act for the amendment of the law as to the offence of sending threatening letters;" and so much of an act passed in the same year of the present reign, intituled "An act to alter and amend an act for the better protection of the property of merchants and others, who may hereafter enter into contracts or agreements in relation to goods, wares, or merchandize entrusted to factors or agents," as relates to any misdemeanor therein mentioned; and also an act passed in the seventh year of the present reign, intituled "An act to amend the law in respect to the offence of stealing from gardens and hothouses;" and all acts continuing or perpetuating any of the acts or parts of acts hereinbefore referred to, so far only as relates to the continuing or perpetuating the same respectively, shall be and continue in force until and throughout the last day of June in the present year, and shall from and after that day as to that part of the United Kingdom called England, and as to offences committed within the jurisdiction of the admiralty of England, be repealed; except so far as any of the said acts may repeal the whole or any part of any other acts; and except as to offences and other matters committed or done before or upon the said last day of June, which shall be dealt with and punished as if this act had not been passed.

II. Provided always, and be it enacted, That nothing in this act contained shall in anywise affect or alter such part of any act as relates to the post office, or to any branch of the public revenue, or to the naval, military, victualling, or other public stores of his Majesty, his heirs or successors, except the acts of the thirty-first year of Queen Elizabeth and of the twenty-second year of King Charles the Second, which are herein-before repealed, or shall affect or alter any act relating to the Bank of England or South Sea Company.

7 & 8 GEO. 4. c. 28.

An Act for further improving the Administration of Justice in Criminal
Cases in England.

[21st June, 1827.]

WHEREAS trials for criminal offences in that part of the United Kingdom called England are attended with some forms which frequently impede the due administration of justice, and it is therefore expedient to abolish such forms, and also to abolish the benefit of clergy, and to make better provision for the punishment of offenders in certain cases: be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present parliament assemA plea of bled, and by the authority of the same, That if any person, not having privinot guilty," lege of peerage, being arraigned upon any indictment for treason, felony, or without more, piracy, shall plead thereto a plea of "not guilty," he shall by such plea, without any further form, be deemed to have put himself upon the country for trial; and the Court shall, in the usual manner, order a jury for the trial of such person accordingly.

shall put the prisoner on his trial by jury.

If he refuses

II. And be it enacted, That if any person, being arraigned upon or charged to plead, Court with any indictment or information for treason, felony, piracy, or misdemeanor, shall stand mute of malice, or will not answer directly to the indictment or information, in every such case it shall be lawful for the Court, if it

may order a plea of "not guilty" to be entered.

shall so think fit, to order the proper officer to enter a plea of "not guilty on behalf of such person; and the plea so entered shall have the same force and effect as if such person had actually pleaded the same.

III. And be it enacted, That if any person, indicted for any treason, felony, Every chalor piracy, shall challenge peremptorily a greater number of the men returned lenge beyond to be of the jury than such person is entitled by law so to challenge in any of the legal numthe said cases, every peremptory challenge beyond the number allowed by law in any of the said cases shall be entirely void, and the trial of such person shall proceed as if no such challenge had been made.

IV. And be it enacted, That no plea setting forth any attainder shall be pleaded in bar of any indictment, unless the attainder be for the same offence as that charged in the indictment.

V. And be it enacted, That where any person shall be indicted for treason or felony, the jury empannelled to try such person shall not be charged to enquire concerning his lands, tenements, or goods, nor whether he fled for such treason or felony.

VI. And be it enacted, That benefit of clergy, with respect to persons convicted of felony, shall be abolished; but that nothing herein contained shall prevent the joinder in any indictment of any counts which might have been joined before the passing of this act.

VII. And be it enacted, That no person convicted of felony shall suffer death, unless it be for some felony which was excluded from the benefit of clergy before or on the first day of the present session of parliament, or which hath been or shall be made punishable with death by some statute passed after that day.

ber shall be

void.

Attainder of another crime not pleadable. Jury shall not enquire of prisoner's lands,

&c. nor whether he fled.

Benefit of clergy abo

lished.

What felonies only shall be capital.

Felonies not

capital pun

ishable under

the acts, if any, relating

thereto; otherwise un

der this act.

VIII. And be it enacted, That every person convicted of any felony, not punishable with death, shall be punished in the manner prescribed by the statute or statutes specially relating to such felony; and that every person con victed 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 transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit), in addition to such imprisonment. IX. And, with regard to the place and mode of imprisonment for all offences punishable under this act, 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 sentence of in solitary confinement for the whole or any portion or portions of such im imprisonment. prisonment, or of such imprisonment with hard labour, as to the Court in its discretion shall seem meet.

The Court may order hard labour or solitary con

finement as

part of the

under sentence for another crime is convicted of felony, the Court may

X. And be it enacted, That wherever sentence shall be passed for felony on If a person 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; and where such person shall be already under sentence either of imprisonment or of transportation, the court, if empowered to pass sentence of transportation, may award such sentence for the subsequent offence, to commence at the expiration of the imprisonment or transportation to which such person shall have been previously sentenced, although the aggregate term of imprisonment or transportation respectively after the exmay exceed the term for which either of those punishments could be other- piration of the wise awarded.

pass a second sentence, to

commence

first.

XI. And whereas it is expedient to provide for the more exemplary punish- Punishment ment of offenders who commit felony after a previous conviction for felony, for a subsewhether such conviction shall have taken place before or after the commence- quent felony. ment of this act; be it therefore enacted, That if any person shall be 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 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, and, if a male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit), in addition to

Form of indictment for

the subsequent felony.

What shall be sufficient proof

of the first conviction.

such imprisonment; and in an 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 six shillings and eight-pence, 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 Uttering false the same; and if any such clerk, officer, or deputy shall utter a false certificate of any indictment and conviction for a previous felony, 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 transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit), in addition to such imprisonment.

certificate of conviction.

Admiralty offences.

Effect of a free

or conditional pardon to a convict.

Proviso.

Rule for the

interpretation of all criminal

statutes.

Commence

ment of this act.

XII. And be it enacted, That all offences prosecuted in the High Court of Admiralty of England shall, upon every first and subsequent conviction, be subject to the same punishments, whether of death or otherwise, as if such offences had been committed upon the land.

XIII. And be it declared and enacted, That where the King's Majesty shall be pleased to extend his royal mercy to any offender convicted of any felony punishable with death or otherwise, and by warrant under his royal sign manual, countersigned by one of his principal secretaries of state, shall grant to such offender either a free or a conditional pardon, the discharge of such of fender out of custody in the case of a free pardon, and the performance of the condition in the case of a conditional pardon, shall have the effect of a pardon under the great seal for such offender, as to the felony for which such pardon shall be so granted: Provided always, that no free pardon, nor any such discharge in consequence thereof, nor any conditional pardon, nor the performance of the condition thereof, in any of the cases aforesaid, shall prevent or mitigate the punishment to which the offender might otherwise be lawfully sentenced on a subsequent conviction for any felony committed after the granting of any such pardon.

XIV. And be it enacted, That wherever this or any other statute relating to any offence, whether punishable upon indictment or summary conviction, in describing or referring to the offence or the subject matter on or with respect to which it shall be committed, or the offender or the party affected or intended to be affected by the offence, hath used or shall use words importing the singular number or the masculine gender only, yet the statute shall be understood to include several matters as well as one matter, and several persons as well as one person, and females as well as males, and bodies corporate as well as individuals, unless it be otherwise specially provided, or there be something in the subject or context repugnant to such construction; and wherever any forfeiture or penalty is payable to a party aggrieved, it shall be payable to a body corporate in every case where such body shall be the party aggrieved.

XV. And be it enacted, That this act shall commence and take effect on the first day of July, one thousand eight hundred and twenty-seven. XVI. Provided always, and be it enacted, That nothing herein contained Not to extend shall extend to Scotland or Ireland.

to Scotland or

Ireland.