CA P. XXX.

In Act for applying surplus Ways and Means to the Service of the Year One thousand eight hundred and twenty-eight. [19th June 1828.]

352,050l. 8s. 7 d. being the Surplus of Ways and Means granted ' for 1823, and the Four following Years, to be applied for the · Service of 1828.

CA P. XXXI.

in Act for consolidating and amending the Statutes in England relative to Offences against the Person.

[27th June 1828.]

WHEREAS it is expedient to repeal various Statutes now

Repeal of 9H.3. c.26. 52 H.3. c.25.

in force in that Part of the United Kingdom called England, relative to Offences against the Person, in order that the Provisions contained in those Statutes may be amended and consolidated into this 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 resent Parliament assembled, and by the Authority of the same, That so much of the Great Charter made in the Ninth Year of the Reign of King Henry the Third, as relates to Inquisitions of Life or Member; and so much of a Statute made in the Fifty-second Year of the same Reign, as relates to murder; and so much of a Statute made in the Third Year of the Reign of King Edward the First, as relates to Inquests of Murder, and the Writ of Odio & 13. et Atiâ, and to any Person ravishing or taking away by Force any Female as therein mentioned; and so much of a Statute made in the Fourth Year of the same Reign, intituled The Statute of 4 Ed. 1. st.3. Bigamy, as relates to Bigamists; and so much of a Statute made c.5.

Ed. 1. c.11.

in the Sixth Year of the same Reign, as relates to any Person 6 Ed. 1. c.9. killing another by Misfortune or in his own Defence, or in other Manner without Felony; and so much of a Statute made at West

50 Ed. 3. c.5.

minster in the Thirteenth Year of the same Reign, as relates to 13 Ed. 1. st.1. the Writ of Odio et Atiâ and to Rape; and so much of a Statute c.29. & 34. made in the Ninth Year of the Reign of King Edward the Se- 9Ed.2. st.1. cond, commonly called Articuli Cleri, as relates to laying violent c.3. Hands on a Clerk; and so much of a Statute made in the Eigh- 18 Ed. 3. st.3. teenth Year of the Reign of King Edward the Third, as relates c. 2. to Bigamists; and so much of a Statute made in the Twenty-fifth 25 Ed. 3. st.5. Year of the same Reign, as relates to Petit Treason; and so much Part of c.2. of a Statute made in the Fiftieth Year of the same Reign, as relates to the Arrest of Persons of Holy Church; and so much of a Statute made in the First Year of the Reign of King Richard the Second, as relates to the like Arrests; and so much of a Statute made in the Sixth Year of the same Reign, as relates to Ravishers, and to Women ravished; and so much of a Statute made in the Fifth Year of the Reign of King Henry the Fourth, as relates to cutting the Tongues or putting out the Eyes of any the King's 5H.4. c.6. Liege People, and to any Assault upon the Servant of a Knight of the Shire in Parliament; and so much of a Statute made in the Second Year of the Reign of King Henry the Fifth, as relates to 2H.5. st.1.

9 GEO. IV.

H

1 Ric. 2. c.15.

6 Ric.2. st. 1.

c.6.

5 H. 4. c.5.

Persons c.9.

Persons fleeing for Murders, Manslaughters, Robberies, and B
teries; and so much of a Statute made in the Eleventh Year:
the Reign of King Henry the Sixth, as relates to any Assault
Affray made to any Lord, Knight of the Shire, Citizen, or Burges
being and attending at the Parliament or other Council of t
King; and an Act passed in the Third Year of the Reign
King Henry the Seventh, intituled An Act against taking away
Women against their Wills; and an Act passed in the same Yer
intituled An Act that the Steward, Treasurer, and Controller of th
King's House, shall enquire of Offences done within the same; &
an Act passed in the Twelfth Year of the same Reign, intituled
An Act to make some Offences Petty Treason; and an Act pass
in the Twenty-fourth Year of the Reign of King Henry the Eight
intituled An Act where a Man killing a Thief shall not forfeit
Goods; and an Act passed in the Twenty-fifth Year of the sa
Reign, intituled An Act for the Punishment of the Vice of Buggery;
and so much of an Act passed in the Thirty-third Year of the
same Reign, intituled An Act for Murther and malicious Ble
shed within the Court, as relates to the Punishment of Mar
slaughter and of malicious Striking, by reason whereof Bles
shall be shed; and an Act passed in the same Year, intituled
Act to proceed by a Commission of Oyer and Determiner agains
such Persons as shall confess Treasons, without remanding the sa
to be tried in the same Shire where the Offence was committed;
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 certain S
tutes concerning Treasons, Felonies, etc., as relates to Petty Treas
and Murder, and to Bigamists, but nothing therein now in force
relating to Foreign Pleas or Dower; and so much of an Act passed
in the Fifth and Sixth Years of the same Reign, intituled An A
against quarrelling and fighting in Churches and Churchyards, a
relates to the Punishment of Persons convicted of striking with
any Weapon, or drawing any Weapon with Intent to strike
therein mentioned; and an Act passed in the Fourth and Fit
Years of the Reign of King Philip and Queen Mary, intituled
An Act that Accessories in Murder and divers Felonies shall d
have the Benefit of Clergy; and an Act passed in the same Years,
intituled An Act for the Punishment of such as shall take away
Maidens that be Inheritors, being within the Age of Sixteen Years,
marry them without Consent of their Parents; and so much
of an Act passed in the Fifth Year of the Reign of Queen Eliza
beth, intituled An Act touching divers Orders for Artificers, Le
bourers, Servants of Husbandry, and Apprentices, as relates to the
Punishment of any Servant, Workman, or Labourer making any
Assault or Affray as therein mentioned; and an Act passed in the
same Year, intituled An Act for the Punishment of the Vice of
Sodomy; and an Act passed in the Eighteenth Year of the same
Reign, intituled An Act to take away Clergy from the Offenders is
Rape and Burglary, and an Order for the Delivery of Clerks contid
without Purgation; and an Act passed in the Thirty-ninth Year
of the same Reign, intituled An Act for taking away of Clergy,
from Offenders against a certain Statute made in the Third Year f
the Reign of King Henry the Seventh, concerning the taking away
of Women against their Wills unlawfully; and an Act passed in

or that

the

e First Year of the Reign of King James the First, intituled Vulgo 2J.1. In Act to take away the Benefit of Clergy from some Kind of c.8. Manslaughter; and an Act passed in the same Year, intituled An Vulgo 2 J.1. lct to restrain all Persons from Marriage until their former Wives c.11. nd former Husbands be dead; and an Act passed in the Twenty- 22 & 23 C.2. econd and Twenty-third Years of the Reign of King Charles the c.1. econd, intituled An Act to prevent malicious Maiming and Vounding; and so much of an Act passed in the same Years, 22 & 23 C.2. tituled An Act to prevent the Delivery up of Merchant Ships, c.ll. s.9. id for the Increase of good and serviceable Shipping, as relates to by Mariner laying violent Hands on his Commander, as therein entioned; and so much of an Act passed in the Eleventh Year Vulgo the Reign of King William the Third, intituled An Act for the 11&12W.3. ore effectual Suppression of Piracy, as relates to any Master of a [erchant Vessel, who shall force any Man on Shore, or wilfully ave him behind, or refuse to bring Home any Man as therein mentioned; and so much of an Act passed in the Ninth Year of 9 Ann. c.14. ne Reign of Queen Anne, intituled An Act for the better prevent- s.8. ng of excessive and deceitful Gaming, as relates to the Forfeiture nd Punishment of any Person assaulting and beating or chalenging or provoking to fight any other Person on account of any

c. 7. s. 18.

Money won as therein mentioned; and an Act passed in the same 9 Ann. c. 16. ear, intituled An Act to make an Attempt on the Life of a Privy Councillor in the Execution of his Office to be Felony without Be

efit of Clergy; and so much of an Act passed in the Twelfth 12 G.1. c.34. Fear of the Reign of King George the First, intituled An Act to s.6. revent unlawful Combinations of Workmen employed in the Woollen Manufactures, and for better Payment of their Wages, as creates

ny Felony; and an Act passed in the Second Year of the Reign 2G.2. c.21. f King George the Second, intituled An Act for the Trial of Murders in Cases where either the Stroke or Death only happens

ithin that Part of Great Britain called England; and so much

f an Act passed in the Eleventh Year of the same Reign, intituled 11 G. 2. c. 22. An Act for punishing such Persons as shall do Injuries and Vio- Part of s. 1. ences to the Persons or Properties of His Majesty's Subjects, with & 2. ntent to hinder the Exportation of Corn, as relates to any Peron 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- 22 G. 2. c.27. econd Year of the same Reign, intituled An Act for the more Part of s. 12. ffectual preventing of Frauds and Abuses committed by Persons employed in the Manufacture of Hats, and in the Woollen, 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 the Reign of King George the 25 G.2. c.37. Second, intituled An Act for better preventing the horrid Crime except s.9. of Murder, except so far as relates to Rescues and Attempts to rescue; and so much of an Act passed in the Twenty-sixth 26 G.2. c.19. Year of the same Reign, intituled An Act for enforcing the Laws s.11.

+ Sic.

& 10.

30 G.8. c.48.

33 G. 3. c.67. s. 2.

35 G.3. c.67.

36 G.3. c.9. Part of s.1. & 2.

48 G.3. c.58,

any

against Persons who steal or detain Shipwrecked Goods, and for Ac
Relief of Persons suffering Loss thereby, as relates to any Pers
who shall be assaulted, beaten, and wounded for the Exercise
his Duty in the Salvage of any Vessel, Goods, or Effects, a
therein mentioned; and so much of an Act passed in the Thirtie
Year of the Reign of King George the Third, intituled An Ad
discontinuing the Judgment which has been required by Law to
given against Women convicted of certain Crimes, and substitut
another Judgment in lieu thereof, as relates to Petit Treason; a
so much of an Act passed in the Thirty-third Year of the sa
Reign, intituled An Act for better preventing Offences in obstr
ing, destroying, or damaging Ships or other Vessels, and in
structing Seamen, Keelmen, Casters, and Ship Carpenters fr
pursuing their lawful Occupations, as relates to any Seaman, Ke
man, Caster, Ship Carpenter, or other Person, who shall preve
hinder, or obstruct, or assault, beat, wound, or do bod
Violence or Hurt to any Seaman, Keelman, Caster, or Ship C
penter, as therein particularly mentioned; and an Act passed s
the Thirty-fifth Year of the same Reign, intituled An Act
rendering more effectual an Act passed in the First Year of
Reign of King James the First, intituled An Act to restrain
Persons from Marriage until their former Wives and for
Husbands be dead;' and so much of an Act passed in the Thirty
sixth Year of the same Reign, intituled An Act to prevent Obstruc
tions to the free Passage of Grain within the Kingdom, as relate
to any Person who shall beat, wound, or use any other Violence
to any
Person or Driver, and so much thereof as makes any
Seco
Offence Felony; and an Act passed in the Forty-third Year of the
same Reign, intituled An Act for the further Prevention of ma
cious shooting, and attempting to discharge loaded Fire Arms,
bing, cutting, wounding, poisoning, and the malicious using of Me
to procure the Miscarriage of Women, and also the malicious setting
fire to Buildings; and also for repealing a certain Act made
England in the Twenty-first Year of the late King James the Fir
intituled An Act to prevent the destroying and murthering of B
'tard Children,' and also an Act made in Ireland in the Sixth Yer
of the Reign of the late Queen Anne, also intituled An Act

prevent the destroying and murthering of Bastard Children,' for making other Provisions in lieu thereof; and an Act passed i 48 G.3. c.113. the same Forty-third Year, intituled An Act for the more effe tually providing for the Punishment of Offences in wilfully cast away, burning, or destroying Ships and Vessels, and for the wor convenient Trial of Accessories in Felonies, and for extending the Powers of an Act made in the Thirty-third Year of the Reign King Henry the Eighth, as far as relates to Murders, to Access ries to Murders, and to Manslaughters; and an Act passed in the 54 G.3. c.101. Fifty-fourth Year of 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 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 Fore Parts, as relates to the Trial of Offences against the Act of King William the Third, hereinbefore mentioned; and so much of an

58 G.S. c.38. s.1.

Act

ct passed in the First Year of the Reign of His present Majesty, 1 G.4. c.90. tituled An Act to remove Doubts and to remedy Defects in the s.2. aw, with respect to certain Offences committed upon the Sea or ithin the Jurisdiction of the Admiralty, as refers to the Act of the orty-third Year of the Reign of King George the Third, hereinefore first mentioned; and an Act passed in the same First Year, 1 G.4. c.115. tituled 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 e First, the Fifth and Eighth of George the Second, as inflicts apital Punishment on certain Offences therein specified, and to prode more suitable and effectual Punishment for such Offences; and

› much of an Act passed in the First and Second Years of the 1&2 G.4. c.88. resent Reign, intituled An Act for the Amendment of the Law of 'escue, as relates to the Offences of assaulting, beating, and

ounding therein mentioned; and an Act passed in the Third 3 G.4. c.38. ear of the present Reign, intituled An Act for the further and tore adequate Punishment of Persons convicted of Manslaughter, nd of Servants convicted of robbing their Masters, and of Accesories before the Fact of Grand Larceny, and certain other Felo

ies; and so much of an Act passed in the same Year, intituled 3G.4. c.114. An Act 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 hroughout the last Day of June in the present Year, and shall from ind 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 Commenceand take effect (except as is hereinbefore excepted) on the First Day of July in the present Year.

II. And be it enacted, That every Offence, which before the Commencement of this Act would have amounted to Petit Treason, shall be deemed to be Murder only, and no greater Offence; and all Persons guilty in respect thereof, whether as Principals or as Accessories, shall be dealt with, indicted, tried, and punished as Principals and Accessories in Murder.

III. And be it enacted, That every Person convicted of Murder, or of being an Accessory before the Fact to Murder, shall suffer Death as a Felon; and every Accessory after the 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.

ment of this

Act.

Petit Treason to be treated in all respects as

Murder.

Punishment of
Principals and

Accessories in
Murder.

Period of Execution, and

Marks of
Infamy.

IV. And be it enacted, That every Person convicted of Murder shall be executed according to Law on the Day next but One after that on which the Sentence shall be passed, unless 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 immediately after the Sentence to be Conviction of every Murderer, unless the Court shall see reason. pronounced able immediately.

H 3