Imatges de pàgina
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"Majesty's Subjects, with intent to hinder the Exportation "of Corn," as relates to any person who shall beat, wound or use any other violence to any person or driver, and so much thereof as makes any second offence felony; and so much of

an act passed in the twenty-second year of the same reign, 22 G. 2, c. 27, intituled, "An Act for the more effectual preventing of part of s. 12. "Frauds and Abuses committed by Persons employed in the "Manufacture of Hats, and in the Wollen, Linen, Fustian, "Cotton, Iron, Leather, Fur, Hemp, Flax, Mohair and Silk "Manufactures, and for preventing unlawful combinations of "Journeymen Dyers and Journeymen Hotpressers, and of all "Persons employed in the said several Manufactures, and "for the better payment of their Wages," as extends to the persons therein mentioned that part of the act of the twelfth year of king George the First, which is hereinbefore referred to; and the whole of an act passed in the twenty-fifth year of 25 G. 2, c. 37, the reign of king George the Second, intituled, "An Act for except s. 9 & 10. "better preventing the horrid Crime of Murder," except so

far as relates to rescues and attempts to rescue; and so much

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of an act passed in the twenty-sixth year of the same reign, 26 G. 2, c. 19, intituled," An Act for enforcing the Laws against Persons s. 11. "who steal or detain Shipwrecked Goods, and for the Relief "of Persons suffering loss thereby," as relates to any person who shall be assaulted, beaten and wounded for the exercise of his duty in the salvage of any vessel, goods or effects as therein mentioned; and so much of an act passed in the thirtieth year of the reign of king George the Third, intituled, 30 G. 3, c. 48. "An Act for discontinuing the Judgment which has been re"quired by law to be given against Women convicted of "certain Crimes, and substituting another Judgment in lieu "thereof," as relates to petit treason; and so much of an act passed in the thirty-third year of the same reign, intituled, 33 G. 3, c. 67, "An Act for better preventing Offences in obstructing, de- s. 2. stroying or damaging Ships or other Vessels, and in "obstructing Seamen, Keelmen, Casters, and Ship Carpenters "from pursuing their lawful occupations," as relates to any seaman, keelman, caster, ship carpenter or other person, who shall prevent, hinder or obstruct, or assault, beat, wound or do any bodily violence or hurt to any seaman, keelman, caster or ship carpenter, as therein particularly mentioned; and an

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act passed in the thirty-fifth year of the same reign, intituled, 35 G. 3, c. 67. "An Act for rendering more effectual an Act passed in the "First Year of the reign of King James the First, intituled, "An Act to restrain all Persons from Marriage, until their ""former Wives and former Husbands be dead;"" and so much

of an act passed in the thirty-sixth year of the same reign, inti- 36 G. 3, c. 9, tuled, "An Act to prevent obstructions to the free Passage of part of s. 1 & 2. "Grain within the Kingdom," as relates to any person who shall beat, wound, or use any other violence to any person or driver, and so much thereof as makes any second offence

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43 G. 3, c. 58. felony; and 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, inti"tuled, An Act to prevent the destroying and murthering 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 Murther"ing of Bastard Children,' and for making other provisions "in lieu thereof:" and an act passed in the same forty-third 43 G. 3, c. 113. year, intituled, "An Act for the more effectually providing for the Punishment of offences in wilfully casting away, burning or destroying Ships and Vessels, and for the more "convenient Trial of Accessaries in felonies, and for extending the Powers of an Act made in the Thirty-third Year of "the reign of King Henry the Eighth, as far as relates to 66 Murders, to Accessaries to Murders, and to Man"slaughters," and an act passed in the fifty-fourth year of 54 G. 3, c. 101. the reign of king George the Third, intituled, " An Act for "the more effectual prevention of Child-stealing;" and so much of an act passed in the fifty-eighth year of the same 58 G. 3, c. 38, reign, intituled, "An Act to extend and render more effectual "the Present Regulations for the Relief of Seafaring Men "and Boys, Subjects of the United Kingdom of Great Britain "and Ireland, in Foreign parts," as relates to the trial of offences against the act of king William the Third hereinbefore mentioned; and so much of an act passed in the first year of the reign of his present Majesty, intituled " An Act "to remove Doubts and to remedy Defects in the Law, with respect to certain Offences committed upon the Sea or "within the Jurisdiction of the Admiralty," as refers to the act of the forty-third year of the reign of king George the Third, herein before first mentioned; and an act passed in the same first year, intituled, "An Act to repeal so much of the "several Acts passed in the Thirty-ninth Year of the reign "of Elizabeth, the Fourth of George the First, the Fifth and "Eighth of George the Second, as inflicts Capital Punish"ment on certain Offences therein specified, and to provide more suitable and effectual Punishment for such Offences; and so much of an act passed in the first and second years of the present reign, intituled, " An Act for the Amendment of "the Law of Rescue" as relates to the offences of assaulting, beating and wounding therein mentioned; and an act passed in the third year of the present reign, intituled, " An Act for "the further and more adequate Punishment of Persons con"victed of Manslaughter, and of Servants convicted of

s. 1.

1 G. 4, c. 90, s.

2.

1 G. 4, c. 115.

1 & 2 G. 4, c. 88.

3 G. 4, c. 38.

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robbing their Masters, and of Accessaries before the fact "to Grand Larceny, and certain other Felonies;" and so

much of an act passed in the same year, intituled, "An Act 3 G. 4, c. 114. "to provide for the more effectual Punishment of certain "Offences by Imprisonment with hard labour," as relates to any of the assaults therein mentioned; shall 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 committed before or upon the said last day of June, which shall be dealt with and punished as if this act had not been passed; and this act shall commence and take effect (except Commencement as is hereinbefore excepted) on the first day of July in the of this act. present year.

II. And be enacted, That every offence, which before the Petit treason to commencement of this act would have amounted to petit be treated in all treason, shall be deemed to be murder only, and no greater respects as muroffence; and all persons guilty in respect thereof, whether as principals or as accessaries, shall be dealt with, indicted, tried, and punished as principals and accessaries in murder.

der.

murder.

III. And be it enacted, that every person convicted of Punishment of murder, or of being an accessary before the fact to murder, principals and shall suffer death as a felon; and every accessary after the accessaries in fact to murder shall be liable, at the discretion of the court, to be transported beyond the seas for life, or to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding four years.

IV. And be it enacted, that every person convicted of Period of execumurder shall be executed according to law on the day next tion and marks but one after that on which the sentence shall be passed, un- of infamy. less the same shall happen to be Sunday, and in that case on the Monday following; and the body of every murderer shall, after execution, either be dissected or hung in chains, as to

the court shall seem meet; and sentence shall be pronounced Sentence to be immediately after the conviction of every murderer, unless the pronounced imcourt shall see reasonable cause for postponing the same; and mediately. such sentence shall express not only the usual judgment of death, but also the time hereby appointed for the execution thereof, and that the body of the offender shall he dissected or hung in chains, whichsoever of the two the court shall

order: Provided always, that after such sentence shall have Power to rebeen pronounced, it shall be lawful for the court or judge to spite. stay the execution thereof, if such court or judge shall so

think fit.

V. And be it enacted, that whenever dissection shall be As to the disordered by such sentence, the body of the murderer, if executed in the county of Middlesex or city of London, shall be

section of the bodies of murderers.

Prison regulations as to mur

derers under

sentence.

British subjects may be tried in England for murder or manslaughter committed abroad.

immediately conveyed by the sheriff or sheriffs, or his or their officers, to the hall of the Surgeons' Company, or to such other place as the said company shall appoint, and shall be delivered to such person as the said company shall appoint, for the purpose of being dissected; and the body of the murderer, if executed elsewhere, shall in like manner be delivered to such surgeon as the court or judge shall direct, for the same purpose.

VI. And be it enacted, that every person convicted of murder shall, after judgment, be confined in some safe place within the prison, apart from all other prisoners, and shall be fed with bread and water only, and with no other food or liquor, except in case of receiving the sacrament, or in case of any sickness or wound, in which case the surgeon of the prison may order other necessaries to be administered; and no person but the gaoler and his servants, and the chaplain and surgeon of the prison, shall have access to any such convict, without the permission in writing of the court or judge before whom such convict shall have been tried, or of the sheriff or his deputy: Provided always, that in case the court or judge shall think fit to respite the execution of such convict, such court or judge may, by a license in writing, relax, during the period of the respite, all or any of the restraints or regulations hereinbefore directed to be observed.

VII. And be it enacted, that if any of his Majesty's subjects shall be charged in England with any murder or manslaughter, or with being accessary before the fact to any murder, or after the fact to any murder or manslaughter, the same being respectively committed on land out of the United Kingdom, whether within the King's dominions or without, it shall be lawful for any justice of the peace of the county or place where the person so charged shall be, to take cognizance of the offence so charged, and to proceed therein as if the same had been committed within the limits of his ordinary jurisdiction; and if any person so charged shall be committed for trial, or admitted to bail to answer such charge, a commission of oyer and terminer under the great seal, shall be directed to such persons, and into such county or place as shall be appointed by the lord chancellor, or lord keeper or lords commissioners of the great seal, for the speedy trial of any such offender; and such persons shall have full power to enquire of, hear and determine all such offences, within the county or place limited in their commission, by such good and lawful men of the said county or place as shall be returned before them for that purpose, in the same manner as, if the offences had been actually committed in the said county or place: Provided always, that if any peers of the realm, or vour of peers of persons entitled to the privilege of peerage, shall be indicted of any such offences, by virtue of any commission to be granted as aforesaid, they shall be tried by their peers in the manner

Proviso in fa

the realm.

heretofore used: Provided also, that nothing herein contained Not to prevent shall prevent any person from being tried in any place out of trial in place out this kingdom for any murder or manslaughter committed out of kingdom. of this kingdom, in the same manner as such person might have been tried before the passing of this act.

VIII. And be it enacted, that where any person, being Provision for feloniously stricken, poisoned, or otherwise hurt upon the the trial of mursea, or at any place out of England, shall die of such stroke, der and manpoisoning, or hurt in England, or being feloniously stricken, where the slaughter, poisoned, or otherwise hurt at any place in England, shall die death, or the of such stroke, poisoning, or hurt, upon the sea, or at any cause of death place out of England, every offence committed in respect of only, happens any such case, whether the same shall amount to the offence in England. of murder or of manslaughter, or of being accessary before the fact to murder, or after the fact to murder or manslaughter, may be dealt with, inquired of, tried, determined and punished in the county or place in England in which such death, stroke, poisoning, or hurt shall happen, in the same manner, in all respects, as if such offence had been wholly committed in that county or place.

IX. And be it enacted, that every person convicted of Punishment of manslaughter shall be liable, at the discretion of the court, to manslaughter. be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding four years, or to pay such fine as the court shall award.

X. Provided always, and be it enacted, that no punishment As to homicide or forfeiture shall be incurred by any person who shall kill not felonious. another by misfortune or in his own defence, or in any other

manner without felony.

XI. And be it enacted, that if any person unlawfully and Attempts to maliciously shall administer or attempt to administer to any murder when person, or shall cause to be taken by any person, any poison evidenced by or other destructive thing, or shall unlawfully and maliciously certain acts, attempt to drown, suffocate, or strangle any person, or shall shall be capital. unlawfully and maliciously shoot at any person, or shall, by drawing a trigger, or in any other manner attempt to discharge any kind of loaded arms at any person, or shall unlawfully and maliciously stab, cut, or wound any person, with intent, in any of the cases aforesaid, to murder such person, every such offender, and every person counselling, aiding or abetting such offender, shall be guilty of felony, and being convicted thereof, shall suffer death as a felon.

XII. And be it further enacted, that if any person unlaw- Shooting at, or fully and maliciously shall shoot at any person, or shall, by stabbing, cutdrawing a trigger, or in any other manner, attempt to discharge ting, or woundany kind of loaded arms at any person, or shall unlawfully and ing any person, maliciously stab, cut, or wound any person, with intent, in any maim, &c., shall of the cases aforesaid, to maim, disfigure, or disable such per- be capital, pro

with intent to

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