3 G. 4, c. 126. s. 128. 4 G. 4, c. 46. 66 66 "the Fact to Grand Larceny, and certain other Felonies," except so far as relates to manslaughter; and so much of 3 G. 4, c. 114. another act passed in the same year, intituled "An Act to I provide for the more effectual Punishment of certain "Offences, 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 to amend the General Laws now in being for regulating Turnpike Roads in that 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 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 Punish"ment 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 therein men"tioned," 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 accessary to any such offence; and the whole of an act passed in the same year, intituled "An Act for allowing the Benefit of Clergy "to Persons convicted of certain Felonies under Two Acts "of the Ninth Year of 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 accessary 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 Amend 4 G. 4, c. 53. 4 G. 4, c. 54. 6 G. 4, c. 19. 66 ment 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 Mer"chants and others, who may hereafter enter into Contracts "or Agreements in relation to Goods, Wares, or Merchan"dize 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 herein-before 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. the revenue, II. Provided always, and be it enacted, That nothing in Not to repeal this act contained shall in anywise affect or alter such part of any act relating any act as relates to the Post Office, or to any branch of the to the post office, public revenue, or to the naval, military, victualling or public stores, other public stores of his Majesty, his heirs or successors, Bank of Engexcept the acts of the thirty-first year of Queen Elizabeth and of land, or South the twenty-second year of King Charles the Second, which Sea Company, are herein-before repealed, or shall affect or alter any act relating to the Bank of England or South Sea Company. 7 & 8 GEO. IV. c. 28. An Act for further improving the Administration of Justice in [21 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 assembled, and by the authority of the same, That if any person, not having pri- A plea of " not vilege of peerage, being arraigned upon any indictment for guilty," without treason, felony, or piracy, shall plead thereto a plea of " not more, shall put guilty," he shall by such plea, without any further form, be the prisoner on deemed to have put himself upon the country for trial; and his trial by the court shall, in the usual manner, order a jury for the trial of such person accordingly. jury. II. And be it enacted, that if any person, being ar- If he refuse to raigned upon or charged with any indictment or information plead, Court for treason, felony, piracy, or misdemeanor, shall stand mute may order a сс plea of " not guilty" to be entered. Every challenge beyond the legal number shall be void. Attainder of another crime not pleadable. Jury shall not enquire of pri soner's lands 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 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, or piracy, shall challenge peremptorily a greater number of the men returned to be of the jury than such person is entitled by law so to challenge in any of the 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 &c. nor whether person shall not be charged to enquire concerning his lands, tenements or goods, nor whether he fled for such treason or felony. he fled. Benefit of clergy abolished. What felonies only shall be capital. Felonies not capital punish this act. 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. VIII. And be it enacted, that every person convicted of any felony, not punishable with death, shall be punished in able under the the manner prescribed by the statute or statutes specially reacts, if any, lating to such felony; and that every person convicted of relating thereto; otherwise under 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. The court may order hard labour or solitary confinement as part of 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 of fender to be imprisoned, or to be imprisoned and kept to the sentence of hard labour in the common gaol or house of correction, and imprisonment. also to direct that the offender shall be kept in solitary confinement for the whole or any portion or portions of such imprisonment, or of such imprisonment with hard labour, as to the court in its discretion shall seem meet. convicted of fe. may pass a se X. And be it enacted, that wherever sentence shall be If a person unpassed for felony on a person already imprisoned under der sentence for sentence for another crime, it shall be lawful for the court to another crime is award imprisonment for the subsequent offence, to com- lony, the court mence at the expiration of the imprisonment to which such person shall have been previously sentenced; and where cond sentence such person shall be already under sentence either of impri- to commence sonment or of transportation, the court, if empowered to after the expiraation of the 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 may exceed the term for which either of those punishments could be otherwise awarded. first. XI. And whereas it is expedient to provide for the more Punishment for exemplary punishment of offenders who commit felony after a subsequent a previous conviction for felony, whether such conviction felony. shall have taken place before or after the commencement of this act; be it therefore enacted, that if any person shall 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 such imprisonment; and in an in- Form of indictdictment for any such felony committed after a previous con- ment for the viction for felony, it shall be sufficient to state that the subsequent feoffender was at a certain time and place convicted of felony, shall be sufficilony. What without otherwise describing the previous felony; and a ent proof of the certificate containing the substance and effect only (omitting first conviction. 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 the same; and if any such Uttering a false clerk, officer, or deputy shall utter a false certificate of any certificate of cc 2 conviction. Rule for the in terpretation of all criminal sta tutes. Commencement of this act. 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. 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 conditional pardon, the discharge of such offender 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 |