take effect on the first day of July, one thousand eight

hundred and twenty-seven.

XVI. Provided always, and be it enacted, that nothing Not to extend herein contained shall extend to Scotland or Ireland.

to Scotland or

Ireland,

7 & 8 GEO. IV. c. 29.

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

[21 June, 1827.]

WHEREAS 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embezzlement, false pretences, and the receipt of stolen property, are by an act of the present session of parliament repealed from and after the last day of June in the present year, except as to offences committed before or upon that day; and it is expedient that the provisions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 statutes 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 com- Commencemence on the first day of July in the present year.

ment of act.

and

petty lar ceny abolished.

II. And be it enacted, that the distinction between grand Distinction belarceny and petty larceny shall be abolished, and every lar- tween grand ceny, whatever be the value of the property stolen, shall be deemed to be of the same nature, and shall be subject to the same incidents in all respects as grand larceny was before the commencement of this act; and every court whose power as to the trial of larceny was before the commencement of this act limited to petty larceny, shall have power to try every case of larceny, the punishment of which cannot exceed the punishment herein-after mentioned for simple larceny, and also to try all accessaries to such larceny.

III. And be it enacted, that every person convicted of Punishments for simple larceny, or of any felony hereby made punishable like simple larceny. simple larceny, shall (except in the cases herein-after otherwise provided for) 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.

Stealing public

or private secu

rities for money,

or warrants for goods, shall be

felony, and punishable according to the circumstances, like stealing goods.

Rule of interpretation.

Robbery from the person.

Stealing from the person. Assaults with intent to commit robbery, and demands accompanied with

menaces or

force.

Obtaining money, &c. by threatening to

IV. And, with regard to the place and mode of imprisonment for all indictable offences punishable under this act; be it enacted, that where any person shall be convicted of any felony or misdemeanor 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 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. V. And be it enacted, that if any person shall steal any tally, order, or other security whatsoever, entitling or evidencing the title of any person or body corporate to any share or interest in any public stock or fund, whether of this kingdom, or of Great Britain or of Ireland, or of any foreign state, or in any fund of any body corporate, company, or society, or to any deposit in any savings bank, or shall steal any debenture, deed, bond, bill, 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 warrant or order for the delivery or transfer of any goods or valuable thing, every such offender shall be deemed guilty of felony, of the same nature, and in the same degree, and punishable in the same manner as if he had stolen any 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 secured thereby and remaining unsatisfied, or with the value of the goods or other valuable thing mentioned in the warrant or order; and each of the several documents herein-before enumerated shall throughout this act be deemed for every purpose to be included under and denoted by the words "valuable security."

VI. And be it enacted, that if any peron shall rob any other person of any chattel, money, or valuable security, every such offender, being convicted thereof, shall suffer death as a felon; and if any person shall steal any such property from the person of another, or shall assault any other person with intent to rob him, or shall with menaces or by force demand any such property of any other person with intent to steal the same, 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.

VII. And be it declared and enacted, that if any person shall accuse or threaten to accuse any other of person any infamous crime, as herein-after defined, with a view or intent

to extort or gain from him, and shall by intimidating him by accuse a party such accusation or threat extort or gain from him any of an infamous chattel, money, or valuable security, every such offender crime. shall be deemed guilty of robbery, and shall be indicted and

punished accordingly.

containing me

nacing demands, or threatening to accuse a party

of an infamous crime, to extort money, &c.

VIII. And be it enacted, that if any person shall know- Sending letters ingly send or deliver any letter or writing, demanding of any person, with menaces, and without any reasonable or probable cause, any chattel, money, or valuable security; or if any person shall accuse or threaten to accuse, or shall knowingly send or deliver any letter or writing accusing or threatening to accuse, any person of any crime punishable by law with death, transportation, or pilory, or of any assault with intent to commit any rape, or of any attempt or endeavour to commit any rape, or of any infamous crime, as hereinafter defined, with a view or intent to extort or gain from such person any chattel, 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 ex- conviction. ceeding 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.

Punishment on

IX. And, for defining what shall be an infamous crime What shall be within the meaning of this act, be it enacted, that the abo- deemed an infaminable crime of buggery, committed either with mankind mous crime. 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.

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

out of the same, every such offender, being convicted there

of, shall suffer death as a felon.

XI. And be it enacted, that every person convicted of Burglary, capiburglary shall suffer death as a felon; and it is hereby de- tal. clared, 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.

Definition of.

XII. And be it enacted, that if any person shall break House-breaking and enter any dwelling house, and steal therein any chattel, and stealing in money, or valuable security to any value whatever: or shall a house, when steal any such property to any value whatever in any dwell- capital.

What buildings only are part of a house for capital purposes.

Robbery in any building within the same curtiJage as the house, but not privileged as part of

the house.

Punishment on

conviction.

Robbery in a shop, warehouse or countinghouse.

Stealing certain

goods in process

of manufacture.

Stealing goods from a vessel in a port, river, or canal, &c.

ing house, any person therein being put in fear; or shall steal in any dwelling house any chattel, 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.

XIII. Provided always, and be it enacted, that no building, although within the same curtilage with the dwelling house, and occupied therewith, shall be deemed to be part of such dwelling house for the purpose of burglary, or for any of the purposes aforesaid, unless there shall be a communication between such building and dwelling house, either immediate, or by means of a covered and inclosed passage leading from the one to the other.

XIV. And be it enacted, that if any person shall break and enter any building, and steal therein any chattel, money, or valuable security, such building being within the curtilage of a dwelling house, and occupied therewith, but not being part thereof according to the provision herein-before mentioned, every such offender, being convicted thereof, either upon an indictment for the same offence, or upon an indictment for burglary, housebreaking, or stealing to the value of five pounds in a dwelling house, containing a separate count for such offence, 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.

XV. And be it enacted, that if any person shall break and enter any shop, warehouse, or counting-house, and steal therein any chattel, money, or valuable security, every such offender, being convicted thereof, shall be liable to any of the punishments which the court may award as herein-before last mentioned.

XVI. And be it enacted, that if any person shall steal, to the value of ten shillings, any goods or article of silk, woollen, linen, or cotton, or of any one or more of those materials mixed with each other, or mixed with any other material, whilst laid, placed, or exposed, during any stage, process, or progress of manufacture, in any building, field, or other place, every such offender, being convicted thereof, shall be liable to any of the punishments which the court may award as herein-before last mentioned.

XVII. And be it enacted, that if any person shall steal any goods or merchandize in any vessel, barge, or boat of any description whatsoever, in any port of entry or discharge, or upon any navigable river or canal, or in any creek belonging to or communicating with any such port, river, or canal, or shall steal any goods or merchandize from any dock, wharf, or quay adjacent to any such port, river, canal, or creek,

every such offender, being convicted thereof, shall be liable to any of the punishments which the court may award as herein-before last mentioned.

Proviso, if arti

XVIII. And be it enacted, that if any person shall plunder Plundering or or steal any part of any ship or vessel which shall be in dis- stealing any tress, or wrecked, stranded, or cast on shore, or any goods, part of the tackle merchandize, or articles of any kind belonging to such ship or cargo of a ship-wrecked or vessel, every such offender, being convicted thereof, shall vessel. suffer death as a felon: Provided always, that when articles of small value shall be stranded or cast on shore, and shall cles stolen withbe stolen without circumstances of cruelty, outrage, or vio- out circumstanlence, it shall be lawful to prosecute and punish the offender ces of cruelty, as for simple larceny; and in either case the offender may be indicted and tried either in the county in which the offence shall have been committed, or in any county next adjoining. XIX. And be it enacted, that if any goods, merchandize, Persons in posor articles of any kind, belonging to any ship or vessel in session of shipdistress, or wrecked, stranded, or cast on shore as aforesaid, wrecked goods not giving a shall, by virtue of a search warrant, to be granted as hereinsatisfactory acafter mentioned, be found in the possession of any person, or on the premises of any person with his knowledge, and such person, being carried before a justice of the peace, shall not satisfy the justice that he came lawfully by the same, then the same shall, by order of the justice, be forthwith delivered over to or for the use of the rightful owner thereof; and the offender, on conviction of such offence before the justice, shall forfeit and pay, over and above the value of the goods, merchandize, or articles, such sum of money, not exceeding twenty pounds, as to the justice shall seem meet.

count.

seized, &c. goods may be

XX. And be it enacted, that if any person shall offer or If any person expose for sale any goods, merchandize, or articles what- offers shipsoever, which shall have been unlawfully taken, or reason- wrecked goods ably suspected so to have been, from any ship or vessel in for sale, the distress, or wrecked, stranded, or cast on shore as aforesaid, in every such case any person to whom the same shall be offered for sale, or any officer of the customs or excise, or peace officer, may lawfully seize the same, and shall with all convenient speed carry the same, or give notice of such seizure, to some justice of the peace; and if the person who shall have offered or exposed the same for sale, being duly summoned by such justice, shall not appear and satisfy the justice that he came lawfully by such goods, merchandize, or And possession articles, then the same shall, by order of the justice, be forth- not satisfactowith delivered over to or for the use of the rightful owner rily accounted thereof, upon payment of a reasonable reward (to be ascertained by the justice) to the person who seized the same; and the offender, on conviction of such offence by the justice, shall forfeit and pay, over and above the value of the goods, merchandize, or articles, such sum of money, not exceeding twenty pounds, as to the justice shall seem meet.

for.