An Act to prohibit the setting of Spring Guns, Man Traps, and other Engines calculated to destroy human life, or inflict grievous bodily harm. [28 May, 1827.] WHEREAS it is expedient to prohibit the setting of spring guns and man traps, and other engines calculated to destroy human life, or inflict grievous bodily harm; be it therefore enacted and declared 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 from and after the passing of this act, if any person shall set or place, or cause to be set or placed, any spring gun, man trap, or other en- Persons setting gine calculated to destroy human life, or inflict grievous or placing spring bodily harm, with the intent that the same, or whereby the guns, man traps, &c. guilty of a same may destroy or inflict grievous bodily harm upon a misdemeanor. trespasser, or other person coming in contact therewith, the person so setting or placing, or causing to be so set or placed, such gun, trap, or engine as aforesaid, shall be guilty of a misdemeanor. II. Provided always, and be it further enacted, that nothing Proviso for traps herein contained shall extend to make it illegal to set any gin for destroying or trap such as may have been or may be usually set with the intent of destroying vermin. vermin. to continue, III. And be it further enacted and declared, that if any Persons permitperson shall knowingly and wilfully permit any such spring ting guns, traps, gun, man trap, or other engine as aforesaid, which may have &c. set by others been set, fixed, or left in any place then being in or after- deemed to have wards coming into his or her possession or occupation, by set the same. some other person or persons, to continue so set or fixed, the person so permitting the same to continue shall be deemed to have set and fixed such gun, trap, or engine, with such intent as aforesaid. IV. Provided always, and be it further enacted, that nothing in this act shall be deemed or construed to make it a misdemeanor, within the meaning of this act, to set or cause to be set, or to be continued set, from sunset to sunrise, any spring gun, man trap, or other engine which shall be set or caused or continued to be set in a dwelling house for the protection thereof. Proviso for guns, traps, &c. set for the protection of dwelling houses. V. Provided always, and it is hereby further enacted and Not to affect declared, that nothing in this act contained shall in any man- proceedings alner affect or authorize any proceedings in any civil or criminal ready com BB meuced, Not to extend to Scotland. court touching any matter or thing done or committed previous to the passing of this act. VI. Provided always, and be it further enacted, that nothing in this act contained shall extend or be construed to extend to that part of the united kingdom called Scotland. 7 & 8 GEO. IV. c. 27. An Act for repealing various Statutes in England relative to the Benefit of Clergy, and to Larceny and other offences connected therewith, and to Malicious Injuries to Property, and to Remedies against the Hundred. [21 June, 1827.] WHEREAS it is expedient to repeal various statutes now in force in that part of the united kingdom called England, relative to the benefit of clergy; and it is also expedient to repeal various statutes 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, in order that the provisions contained in those statutes may be amended and consolidated into one act; and it is also expedient with the same view to repeal various statutes relative to malicious injuries to property; and also with the same view to repeal various statutes relative to remedies against the hundred 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 so much of a charter 9 H. 3, st. 2, c. or statute made in the ninth year of the reign of king Henry the third, commonly called "Charta de Forestâ," as relates to the punishment for taking the king's venison; and so much 3 Ed. 1, c. 9 & of a statute made at Westminster in the third year of the reign of King Edward the First, as relates to clerks taken for guilty of felony, and to trespassers in parks and ponds; and 13 Ed. 1, st. 1, so much of a statute made at Westminster in the thirteenth year of the same reign, as ordains that the towns near adjoining shall be distrained to levy at their own cost a hedge or 13 Ed. 1, st. 2. dyke overthrown, and to yield damages; and the whole of a statute made in the same year, intituled "Statutum Winton," except so much thereof as forbids fairs and markets being kept in churchyards; and a statute made in the twenty-first rear of the same reign, intituled "Statutum de Malefactori 10. 20. c. 46. 21 Ed. 1, st. 2. 1 Ed. 3, st. 1. c. 8. bus in Parcis ;" and so much of a statute made in the first year of the reign of King Edward the Third, as relates to trespasses in the king's forests of vert and venison; and so much of a statute made in the twenty-fifth year of the same reign, intituled "Ordinatio pro Clero," as relates to clerks convicted of treasons or felonies, and to the arraignment of clerks; and so much of a statute made in the twenty-eighth 28 Ed. 3, c. 11. year of the same reign, as relates to making cry and fresh suit, and to hundreds and franchises being answerable as therein mentioned; and so much of a statute made in the thirty-fourth year, and of another statute made in the thirty- 34 Ed. 3, c. 22. seventh year of the same reign, as relates to hawks; and so 37 Ed. 3, c. 19. much of a statute made in the eighth year of the reign of 8 H. 6, c. 12, s. King Henry the Sixth, as relates to the offences of stealing, 3. taking away, withdrawing, or avoiding of any record or other like thing therein mentioned; and so much of a statute made in the thirty-third year of the same reign, as relates to ser- 33 H. 6, c. 1. vants taking and spoiling the goods of their masters after their death; and an act passed in the first year of the reign of King Henry the Seventh, intituled "An Act against unlaw- 1 H.7, c.7. "ful hunting in Forests and Parks ;" and an act passed in the fourth year of the same reign, intituled "An Act to take 4 H. 7, c. 13. 66 away the Benefit of Clergy from certain Persons ;" and an act passed in the twenty-first year of the reign of King Henry the Eighth, intituled "An Act for the Punishment of 21 H. 8, c. 7. "such Servants as shall withdraw themselves, and go away "with their Masters or Mistresses' Caskets and other Jewels or "Goods committed to them in trust to be kept;" and an act passed in the same year, intituled "An Act for Restitution 21 H. 8, c. 11. "to be made of the Goods of such as shall be robbed by "Felons ;" and an act passed in the twenty-third year of the same reign, intituled "An Act that no Person committing 23 H. 8, c. 1. Petty Treason, Murder, or Felony, shall be admitted to his 66 66 Clergy under Subdeacon;" and an act passed in the same 23 H. 8, c. 11. year, intituled "An Act for breaking of Prison by Clerks 31 H. 8, c. 2. "Convict;" and an act passed in the thirty-first year of the same reign, intituled "An Act against Fishing in Ponds;" and an act passed in the thirty-third year of the same reign, intituled "An Act concerning counterfeit Letters, or Privy 33 H. 8, c. 1. "Tokens to receive Money or Goods in other Men's Names; and an act passed in the thirty-fourth and thirty-fifth years of the same reign, intituled "An Act for a Certificate of Convicts 34 & 35 H. 8, "to be made into the King's Bench;" and an act passed in the c. 14. thirty-fifth year of the same reign, intituled "An Act for the 35 H. 8, c. 17. "Preservation of Woods ;" and an act passed in the thirtyseventh year of the same reign, intituled "An Act against 37 H. 8, c. 6. "burning of Frames ;" and so much of an act passed in the same year, intituled "An Act that an Indictment lacking these "words, Vi et Armis,' shall be sufficient in Law" as relates to persons stealing any horse, gelding, mare, foal, or filley; and so much of an act passed in the first year of the reign of King Edward the Sixth, intituled " An Act for the Repeal of 1 Ed. 6, c. 12, "certain Statutes concerning Treasons, Felonies, etc.," as s. 10, 14. relates to house-breaking, robbing, horse-stealing, and sacri 37 H. 8, c. 8, s. 2. 2 & 3 Ed. 6, c. 33. 5 & 6 Ed. 6, c. 9. 4 & 5 P. & M. c. 4. 5 Eliz. c. 10. 5 Eliz. c. 1, 8 Eliz. c. 4. 66 lege, and to the allowance of the benefit of clergy in any case therein mentioned; and an act passed in the second and third years of the same reign, intituled "An Act that no Man stealing Horse or Horses shall enjoy the benefit of his Clergy;" and an act passed in the fifth and sixth years of the same reign, intituled "An Act that no Man robbing any House, Booth, or Tent, shall not be admitted to the Benefit of his Clergy;" and as much of an act passed in the fourth and fifth years of the reign of King Philip and Queen Mary, intituled "An Act that Accessaries in Murder and divers Felo"nies shall not have the Benefit of Clergy," as relates to accessaries to any robbery or burning therein mentioned; and an act passed in the fifth year of the reign of Queen Elizabeth, intituled " An Act reviving a Statute made Anno 21 H. 8, touching Servants embezzling their Masters' Goods;" and another act passed in the same fifth year, intituled " An Act "for the Punishment of unlawful taking of Fish, Deer, or Hawks;" and an act passed in the eighth year of the same reign, intituled "An Act to take away the Benefit of Clergy "from certain felonious Offenders;" and so much of an act passed in the thirteenth year of the same reign, intituled "An "Act for the reviving and Continuance of certain Statutes," as alters and perpetuates the act of the thirty-fifth year of the reign of King Henry the Eighth herein-before recited; and so much of an act passed in the eighteenth year of the reign of Queen Elizabeth, intituled " An Act to take away Clergy "from the Offenders in Rape and Burglary, and an Order for "the Delivery of Clerks Convict without Purgation," as relates to burglary, and to persons admitted to the benefit of clergy; and an act passed in the twenty-seventh year of the same reign, intituled " An Act for the following of Hue and Cry;" and an act passed in the thirty-first year of the same reign, intituled “ An Act against embezzling of Armour, Ha"biliments of War and Victual;" and so much of an act passed in the same year, intituled " An Act to avoid Horse-stealing;' as enacts that all accessaries to horse-stealing shall be deprived of the benefit of clergy; and an act passed in the thirty-ninth 39 Eliz. c. 15. year of the same reign, intituled "An Act that no Person 13 Eliz. C. 25, s. 3, 18, 19. 18 Eliz. c. 7. 27 Eliz. c. 13. 31 Eliz. c. 4. 31 Eliz. c. 12, s. 5. 43 Eliz. c. 7 43 Eliz. c. 13. 2 Jac. 1, c. 27. recognized as existing in 2 G. 3, c. 29. 66 "robbing any House in the Day-time, although no person be "therein, shall be admitted to have the Benefit of his Clergy;" and an act passed in the forty-third year of the same reign, intituled "An Act to avoid and prevent divers Misdemeanors "in lewd and idle persons ;" and an act passed in the same year, intituled "An Act for the more peaceable Government "of the Parts of Cumberland, Northumberland, Westmore"land, and the Bishopric of Durham;" and so much of an act passed in the second year of the reign of King James the First, intituled "An Act for the better Execution of the In"tent and Meaning of former Statutes made against shooting "in Guns, and for the Preservation of the Game of Pheasants 66 3 Jac. 1, c. 13. isting in 16 G.3, "and Partridges, and against the destroying of Hares with "Hare Pipes, and tracing Hares in the Snow," as relates to house doves, pigeons, and deer; and an act passed in the third [This Act and year of the same reign, intituled "An Act against unlawful the next are rehunting and stealing of Deer and Conies ;" and an act passed cognized as exin the seventh year of the same reign, for the explanation of the last-mentioned act; and an act passed in the fifteenth year of the reign of King Charles the Second, intituled " An Act "for the Punishment of unlawful cutting or stealing or spoiling "of Wood and Underwood, and destroying of young Timber "Trees ;" and an act passed in the twenty-second year of the same reign, intituled "An Act for taking away the Benefit of 22 Car. 2, c. 5. Clergy from such as steal Cloth from the Rack, and from 66 "such as shall steal His Majesty's Ammunition and Stores ;" and an act passed in the twenty-second and twenty-third years 7 of the same reign, intituled " An Act to prevent the malicious 22 & 23 Car. 2, burning of Houses, Stacks of Corn and Hay, and killing c. 7. 66 or maiming of Cattle;" and so much of an act passed in the same years, intituled "An Act to prevent the Delivery up of 22 & 23 Car. 2, "Merchants' Ships, and for the Increase of good and service- c. 11. s. 12. "able Shipping," as relates to the wilful destruction of any ship by any of the persons belonging to it, as therein mentioned; and an act passed in the same years, intituled " An Act for the 22 & 23 Car. 2, "better Preservation of the Game, and for securing Warrens c. 25, except "not inclosed, and the several Fishings of this Realm," so far s. 1 to 3. as relates to all subjects therein mentioned, except the appointment and powers of game-keepers, search-warrants, and the description of persons, who are thereby declared to be persons not allowed to have or keep for themselves or any other person any guns, bows, greyhounds, or other animals or things therein enumerated; and an act passed in the third year of the reign of King William and Queen Mary, intituled “An "Act to take away Clergy from some Offenders, and to bring 3 W. & M. c. 9. "others to Punishment ;" and so much of an act passed in the 66 fourth year of the same reign, intituled " An Act for the more 4 W. &M.c. 23. easy Discovery and Conviction of such as shall destroy the "Game of this Kingdom," as relates to pigeons and fish, and to persons wrongfully fishing, and to all instruments and engines for destroying or taking fish, and to the burning of any grig, ling, heath, furze, goss, or fern; and so much of an act passed in the fourth year of same reign, intituled "An Act 4 W. & M. reviving, continuing, and explaining several Laws therein c. 24, s. 13. "mentioned, which are expired and near expiring," as explains the said recited act of the third year of the same reign; and the whole of an act passed in the tenth year of the reign of King William the Third, intituled "An Act for the better ap- 10 W. 3, c. 12, "prehending, prosecuting, and punishing of Felons that com- (vulgo 10 & 11 "mit Burglary, Housebreaking, or Robbery in Shops, Ware- W. 3, c. 23), ex"houses, Coach-houses, or Stables, or that steal Horses," cept s. 7 & 8. except so much thereof as relates to fees for discharging |