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 6 G. 4. c. 19. 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 6 G. 4. c. 94. act passed in the same year of the present reign, intituled “An act to alter s. 7, 8, 9, 10. 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 7 G. 4. c. 69. 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the United Kingdom called England, and as to offences committed within the jurisdiction of the admiralty of England, be repealed; except so far as any of the said acts may repeal the whole or any part of any other acts; and except as to offences and other matters committed or done before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. Not to repeal II. Provided always, and be it enacted, That nothing in this act contained any act relat- shall in anywise affect or alter such part of any act as relates to the post office, ing to the post or to any branch of the public revenue, or to the naval, military, victualling, office, the re

or other public stores of his Majesty, his heirs or successors, except the acts of venue, public

the thirty-first year of Queen Elizabeth and of the twenty-second year of King stores, Bank of England, or

Charles the Second, which are herein-before repealed, or shall affect or alter South Sea

any act relating to the Bank of England or South Sea Company. Company.

7 & 8 GEO. 4, c. 28.

An Act for further improving the Administration of Justice in Criminal
Cuses 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 privi".not 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, withsball put the

further form, be deemed to have put himself upon the country for prisoner on his trial ; and the Court 'shall, in the usual manner, order a jury for the trial of trial by jury. Such person accordingly. If he refuses

11. 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 misdemay order a plea of “not

meanor, shall stand mute of malice, or will not answer directly to the indictguilty" to be ment or information, in every such case it shall be lawful for the Court, if it entered.

out any

sball 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 ber shall be in aay of the said cases shall be entirely void, and the trial of such person shall proceed as if po such challenge had been made.

IV, and be it enacted, That no plea setting forth any attainder shall be Attainder of pleaded in bar of any indictment, unless the attainder be for the same offence

another crine as that charged in the indictment.

not pleadable. V. And be it enacted, That where any person shall be indicted for treason Jury shall not or felony, the jury empannelled to try such person shall not be charged to en- enquire of priquire concerning his lands, tenements, or goods, nor whether he fled for such soner's lands, treason or felony.

&c. nor wheVI. And be it enacted, That benefit of clergy, with respect to persons con

ther he fled. victed of felony, shall be abolished; but that nothing herein contained shall Benefit of prevent the joinder in any indictment of any counts which might have been clergy abo

lished. joined before the passing of this act.

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

VIII. And be it enacted, That every person convicted of any felony, not Felonies not punisbable with death, shall be punished in the manner prescribed by the sta- capital puntute or statutes specially relating to such felony; and that every person con

ishable under victed of any felony, for which no punishment hath been or hereafter

the acts, if be

may specially provided, shall be deemed to be punishable under this act, and shall any, relating

thereto; be liable, at the discretion of the Court, to be transported beyond the seas for

otherwise unthe term of seven years, or to be imprisoned for any term not exceeding two der this act, years; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fil), in addition to such imprison inent.

IX. And, with regard to the place and mode of imprisonment for all The Court offences punishable under this act, be it enacted, That where any person shall may order be convicted of any offence punishable under this act, for which imprison- hard labour or ment may be awarded, it shall be lawful for the Court to sentence the offender solitary conto be imprisoned, or to be imprisoned and kept to hard labour, in the common

finement as 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.

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 law- under senfol for the court to award imprisonment for the subsequent offence, to com- tence for anomence at the expiration of the imprisonment to which such person shall have ther crime is been previously sentenced ; and where such person shall be already under sen

convicted of tence either of imprisonment or of transportation, the court, if empowered Court may

felony, the to pass sentence of transportation, may award such sentence for the subsequent offence, to commence at the expiration of the imprisonment or trans- sentence, to portation 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.

part of the

Form of in such imprisonment; and in an indictment for any such felony committed
dictment for after a previous conviction for felony, it shall be sufficient to state that the
the subsequent offender was at a certain time and place convicted of felony, without other-
felony. wise describing the previous felony ; and a certificate containing the sub-
What shall be stance and effect only (omitting the formal part) of the indictment and con-
sufficient proof viction for the previous felony, purporting to be signed by the clerk of the
of the first
conviction.

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 utier a false certificertificate of cate of any indictment and conviction for a previous felony, or if any person, conviction. 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, beivg 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.
Admiralty of- XII. And be it enacted, That all offences prosecuted in the High Court of
fences. 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.
Effect of a free XIII. And be it declared and enacted, That where the King's Majesty shall
or conditional be pleased to extend his royal mercy to any offender convicted of any felony
pardon to a punishable with death or otherwise, and by warrant under his royal sign ma-
convict. nual, 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 conditional pardon, shall bave the effect of a

pardon under the great seal for such offender, as to the felony for which such Proviso. 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.
Rule for the XIV. And be it enacted, That wherever this or any other statute relating
interpretation to any offence, whether punishable upon indictment or summary conviction,
of all criminal in describing or referring to the offence or the subject matter on or with re-

spect 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 un-
derstood 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. Commence

XV. And be it enacted, That this act shall commence and take effect on ment of this

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.

act.

1

1

7 & 8 GEO. IV. c. 29.

An Act for consolidating and amending the Laws in England relative to Larceny and other 0.[Fences connected therewith.

[21st June 1827.]

WHerbas various statutes now in force in that part of the United Kingdom called England, relative to larceny and other offences of stealing, and to burglary, robbery, and threats for the purpose of robbery or of extortion, and to embezzlement, false pretences, and the receipt of stolen property, are by an act of the present session of parliament repealed from and after the last day of June in the present year, except as to offences committed before or upon that day ; and it is expedient that the provisions contained in those various stalutes should be amended and consolidated into this act, to take effect at the same time as the said repealing act: 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 assembled, and by the authority of the same, That this act shall commence on the first day Commenceof July in the present year.

ment of act. II. And be it enacted, That the distinction between grand larceny and petty Distinction Jarceny shall be abolished, and every larceny, whatever be the value of the between grand property stolen, shall be deemed to be of the same nature, and shall be sub- and petty larject to the same incidents in all respects as grand larceny was before the com- ceny abolishmencement of this act ; and every Court, whose power as to the trial of lar- ed. ceny was before the commencement of this act limited to petly larceny, shall have power to try every case of larceny the punishment of which cannot exceed the punishment hereinafter mentioned for simple larceny, and also to try all accessories to such larceny. III. And be it enacted, That every person convicted of simple larceny, or of

Punishments any felony hereby made punishable like simple larceny, shall (except in the for simple cases bereinafter otherwise provided for) be liable, at the discretion of the larceny. Court, to be transporteu 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.

IV. And, with regard to the place and mode of imprisonment for all in- The court dictable offences punishable under this act, be it enacted, That where any may, for all person shall be convicted of any felong or misdemeanor punishable under this offences withact, for which imprisonment may be awarded, it shall be lawful for the Court in this act, ora to sentence the offender to be imprisoned, or to be imprisoned and kept to der hard la: hard labour, in the common gaol or house of correction, and also to direct bour or solithat the offender shall be kept in solitary confinement for the whole or any

tary confincportion or portions of such imprisonment, or of such imprisonment wiih hard labour, as to the Court in its discretion shall seem meet.

V. And be it enacted, That if any person shall steal any tally, order, or Stealing pubother security whatsoever, entitling or evidencing the title of any person or lic or private body corporate to any share or interest in any public stock or fund, whether securities for of this kingdom, or of Great Britain or of Ireland, or of any foreign state, money, or or in any fund of any body corporate, company, or society, or to any de- warrants for posit in any savings bank, or shall steal any debenture, deed, bond, bill; he felony, and note, warrant, order, or other security whatsoever for money or for payment of money, whether of this kingdom or of any foreign state, or shall steal any cording to the

punishable acwarrant or order for the delivery or transfer of any goods or valuable thing, circumstances every such offender shall be deemed guilty of felony,

of the same nature and like stealing in the same degree and punishable in the same manner as if he had stolen any goods. chattel of like value with the share, interest, or deposit to which the security so stolen may relate, or with the money due on the security so stolen or se

ment.

accuse or

cured thereby and remaining unsatisfied, or with the value of the goods or Rule of intere other valuable thing mentioned in the warrant or order ; and each of the sepretation. veral documents hereinbefore enumerated shall throughout this act he

deemed for every purpose to be included under and denoted by the words

“ valuable security.” Robbery from VI. And be it enacted, That if any person shall rob any other person of any the person.

chattel, money, or valuable security, every such offender, being convicted Stealing from thereof, shall suffer death as a felon; and if any person shall steal

any

such the person.

property from the person of another, or shall assault any other person with Assaults with

intent to rob him, or shall with menaces or by force demand any such prointent to come perty of any other person with intent to steal the same, every such offender mit robbery,

shall be guilty of felony, and, being convicted thereof, shall be liable, at the and demands discretion of the court, to be transported beyond the seas for life, or for any accompanied term pot less than seven years, or to be imprisoned for any term not exceedwith menaces ing four years, and, if a male, to be once, iwice, or thrice publicly or prior force.

vately whipped (if the court shall so think fit), in addition to such impri

sonment. Obtaining mo

VII. And be it declared and enacted, That if any person sba ney, &c. by

threaten to accuse any other person of any infamous crime, as hereinafter threatening to defined, with a view or intent to extort or gain from him, and shall by intiaccuse a party midating him by such accusation or threat extort or gain from him, any chatof an infa

tel, money, or valuable security, every such offeoder shall be deemed guilty mous crime.

of robbery, and shall be indicted and punished accordingly. Sending let- VIII. And be it enacted, That if any person shall knowingly send or deters contain- liver any letter or writing, demanding of any person, with menaces, and ing menacing without any reasonable or probable cause, any chattel, money, or valuable demands, or security; or if any person shall accuse or threaten to accuse, or shall knowthreatening to ingly send or deliver any letter or writing accusing or threatening to accuse, accuse a par- any person of any crime punishable by law with death, transportation, or pilty of an in

lory, or of any assault with intent to commit any rape, or of any attempt or famous crime, endeavour to commit any rape, or of any infamous crime, as hereinafter deto extort mo- fined, with a view or inient to extort or gain from such person any chattel, ney, &c.

money, or valuable security; every such offender 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 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 such imprisonment. What shall be IX. And, for defining what shall be an infamous crime within the meaning deemed an in- of this act, be it enacted, That the abominable crime of buggery, committed famous crime. either with mankind or with beast, and every assault with intent to commit

the said abominable crime, and every attempt or endeavour to commit the said abominable crime, and every solicitation, persuasion, promise, or threat offered or made to any person, whereby to move or induce such person to commit or permit the said abominable crime, shall be deemed to be an infamous

crime within the meaning of this act. Sacrilege,

X. And be enacted, That if any person shall break and enter any church when capital. or chapel, and steal therein any chattel, or having stolen any chattel in any

church or chapel, shall break out of the same, every such offender, being

convicted thereof, shall suffer death as a felon. Burglary ca- XI. And be it enacted, That every person convicted of burglary shall suffer pital.

death as a felon: and it is bereby declared, that if any person shall enter the dwelling-house of another with intent to commit felony, or being in such dwelling-house shall commit any felony, and shall in either case break out of the said dwelling-house, in the night-time, such person shall be deemed guilty

of burglary: House-break- XII. And be it enacted, that if any person shall break and enter any dwelling and steal- ing house, and sical therein any chattel, money, or valuable security to any ing in a house, value whatever ; or shall steal any such property to any value whatever in any when capital. dwelling house, any person therein being put in fear; or shall steal in any

dwelling house any chaltel, money, or valuable security to the value in the whole of five pounds or more ; every such offender, being convicted thereof,

shall suffer death as a felon. What build, XIII. Provided always, and be it enacted, that no building, although ings only are within the same curtilage with the dwelling-house, and occupied therewith,