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CAP. 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.] : 352,0501. 8s. 71d. being the Surplus of Ways and Means granted

for 1823, and the Four following Years, to be applied for the : Service of 1828.

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

[27th June 1828.] THEREAS it is expedient to repeal various Statutes now

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 present Parliament assembled, and by the Authority of the same, That so much of the Great Charter made in the Ninth Year of the Repeal of Reign of King Henry the Third, as relates to Inquisitions of Life 9 H.3. c.26. or Member; and so much of a Statute made in the Fifty-second 52 H.3. c.25. 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 3 Ed. 1. c.ll. 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. 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 Westminster in the Thirteenth Year of the same Reign, as relates to 13 Ed. 1. st. 1. the Writ of Odio et Atià 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

50 Ed. 3. c.5. 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 i Ric.2. c.15. 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, 6 Ric.2. st. 1. and to Women ravished; and so much of a Statute made in the c.6. Fifth Year of the Reign of King Henry the Fourth, as relates to 5 H.4. c.5. cutting the Tongues or putting out the Eyes of any the King's 51.4. 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 2 H.5. st. 1.

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Persons c.9.

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12 H.7. c.7.

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24 H.8. c.5.

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33 H.8. c. 12.
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1 Ed.6. c. 12. s. 10. 13. 16. & 22.

Persons fleeing for Murders, Manslaughters, Robberies, and Bx the Fix lze the R
teries ; and so much of a Statute made in the Eleventh Yeard 3 may
the Reign of King Henry the Sixth, as relates to any Assault e
Affray made to any Lord, Knight of the Shire, Citizen, or Burger de sed person
being and attending at the Parliament or other Council of their habenda be
King; and an Act passed in the Third Year of the Reign a
King Henry the Seventh, intituled An Act against taking can uded Ar
Women against their Wills ; and an Act passed in the same Yes Pasty: ad so mu
intituled An Act that the Steward, Treasurer, and Controller of

tra la lot to pre
King's House, shall enquire of Offences done within the same; a *** Parece of
an Act passed in the Twelfth Year of the same Reign, intitulé a terze lering viol
An Act to make some Offences Petty Treason ; and an Act pas ai
in the Twenty-fourth Year of the Reign of King Henry the Eight leg of king 1
intituled An Act where a Man killing a Thief shall not forfeito pagal Suppressica
Goods; and an Act passed in the Twenty-fifth Year of the same lever lesse who s
Reign, intituled An Act for the Punishment of the Vice of Bugzero a bekind, or re
and so much of an Act passed in the Thirty-third Year of the ad so muc
same Reign, intituled An Act for Murther and malicious Blox lay: Queen Are
shed within the Court, as relates to the Punishment of Mo

od dece slaughter and of malicious Striking, by reason whereof Blend shall be shed; and an Act passed in the same Year, intituled . se proroking to Act to proceed by a Commission of Oyer and Determiner agci me as therein such Persons as shall confess Treasons, without remanding the samed An Act to be tried in the same shire where the Offence was committed; an. 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 statie Reign of " tutes concerning Treasons, Felonies, etc., as relates to Petty Treasca si Combi and Murder, and to Bigamists, but nothing therein now in force relating to Foreign Pleas or Dower ; and so much of an Act passed away and ad A. in the Fifth and Sixth Years of the same Reign, intituled An du against quarrelling and fighting in Churches and Churchyards

, and that a liste lehen relates to the Punishment of Persons convicted of striking with a de Port of Gr any Weapon, or drawing any Weapon with Intent to strike a therein mentioned ; and an Act passed in the Fourth and Fitta Years of the Reign of King Philip and Queen Mary, intituled Persons or An Act that Accessories in Murder and divers Felonies shall not have the Benefit of Clergy; and an Act passed in the

Years Maidens that be Inheritors, being within the Age of Sixteen years ligt; and se intituled An Act for the Punishment of such as shall take quit or that marry them without Consent of their Parents ; and so much of an Act passed in the Fifth Year of the Reign of Queen Elizabeth, intituled An Act touching divers Orders for Artificers, Lo 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 conrid 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 of the Reign of King Henry the Seventh, concerning the taking away of Women against their Wills unlawfully; and an Act passed

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5 & 6 Ed.6. c.4. s.3.

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c. 7. s.18.

sze 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. Tanslaughter; 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 & 28 C. 2. econd and Twenty-third Years of the Reign of King Charles the c.l. 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. itituled An Act to prevent the Delivery up of Merchant Ships, c.ll. s.9. nd for the Increase of good and serviceable Shipping, as relates to ay 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 e serchant Vessel, who shall force any Man on Shore, or wilfully

ave him behind, or refuse to bring Home any Man as therein tentioned; and so much of an Act passed in the Ninth Year of 9 Ann. c. 14.

de Reign of Queen Anne, intituled An Act for the better prevent- s.8. ting of excessive and deceitful Gaming, as relates to the Forfeiture and Punishment of any Person assaulting and beating or chalnanging or provoking to fight any other Person on account of any

Ioney won as therein mentioned; and an Act passed in the same 9 Ann. c. 16. lear, intituled An Act to make an Attempt on the Life of a Privy Councillor in the Execution of his Office to be Felony without Benefit of Clergy; and so much of an Act passed in the Twelfth 12 G.1. c.34.

lear of the Reign of King George the First, intituled An Act to s.6. F revent unlawful Combinations of Workmen employed in the Woollen D. Manufactures, and for better Payment of their Wages, as creates

any Felony; and an Act passed in the Second Year of the Reign 26.2. c.21. If King George the Second, intituled An Act for the Trial of Murders in Cases where either the Stroke or Death only happens vithin that part of Great Britain called England; and so much of an Act passed in the Eleventh Year of the same Reign, intituled 116.2. c. 22. An Act for punishing such Persons as shall do Injuries and Vio- Part of s. 1. lences to the Persons or Properties of His Majesty's Subjects, with & 2. 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- 22 G.2. c.27. second Year of the same Reign, intituled An Act for the more

Part of s. 12. effectual 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. H 2

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against Persons who steal or detain Shipwrecked Goods, and for at Ac a first le Relief of Persons suffering Loss thereby, as relates to any Persis $1 to Femton who shall be assaulted, beaten, and wounded for the Exercise « Lors to cert

his Duty in the Salvage of any Vessel, Goods, or Effects, andation of 30 G.3. c. 48.

therein mentioned ; and so much of an Act passed in the Thirte war of the I Year of the Reign of King George the Third, intituled An Ad jij beidoned ; ay discontinuing the Judgment which has been required by Law toca to repeal given against Women convicted of certain Crimes, and substitute - sof the

another Judgment in lieu thereof, as relates to Petit Treason ; & 33 G. 9. c.67.

so much of an Act passed in the Thirty-third Year of the sea Rent on a Reign, intituled An Act for better preventing Offences in obstructible and et ing, destroying, or damaging Ships or other Vessels, and is in det passt structing Seamen, Keelmen, Casters, and Ship Carpenters postaled pursuing their lawful Occupations, as relates to any Seaman, kec une relates to t man, Caster, Ship Carpenter, or other Person, who shall prevent therein menti hinder, or obstruct, or assault, beat, wound, or do any boost present Rei Violence or Hurt to any Seaman, Keelman, Caster, or Ship (*

mode Punishme penter, as therein particularly mentioned; and an Act passed somente corticte 85 G.3. c. 67. the Thirty-fifth Year of the same Reign, intituled An Act to the Fact of

rendering more effectual an Act passed in the First Year o* red so noch of Reign of King James the First, intituled · An Act to restrain s

sorrende for Persons from Marriage until their former Wives and former A prisonten 36 G.3. c.9.

Husbands be dead ;' and so much of an Act passed in the Thirty s teria menti sixth Year of the same Reign, intituled An Act to prevent Obsites the last Day tions to the free Passage of Grain within the Kingdom,

23a Day, as 11 to any Person who shall beat, wound, or use any other Violence and as to O Person or Driver, and so much thereof as makes any

Secos

Admiralty of En Offence Felony ; and an Act passed in the Forty-third Year of the ed Acts may te same Reign, intituled An Act for the further Prevention of mei cious shooting, and attempting to discharge loaded Fire Arms, store Der of June, bing, cutting, wounding, poisoning, and the malicious using of Varda bad not be to procure the Miscarriage of Women, and also the malicious seront pas de decet jexcept fire to Buildings ; and also for repealing a certain Act marle B England in the Twenty-first Year of the late King James the Fira be it enacte intituled · An Act to prevent the destroying and murthering of Beri Terenect of this * tard Children,' and also an Act made in ireland in the sixth Her er seed to be ? of the Reign of the late Queen Anne, also intituled ' An Act de alta quilty in res

prevent the destroying, and murthering of Bastard Children, and shall be d

for making other Provisions in lieu thereof; and an Act passed in 48 G.3. 4.119. the same Forty-third Year, intituled An Act for the more effe

tually providing for the Punishment of Offences in wilfully casting
away, burning, or destroying Ships and Vessels, and for the mape
.convenient Trial of Accessories in Felonies, and for extending

that
Powers of an Act made in the Thirty-third Year of the Reign wood the Sea
King Henry the Eighth, as far as relates to Murders, to Accesso a bed Labour, i

ries to Murders, and to Manslaughters ; and an Act passed in the 54 G.8. 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 80 58 G.3. c. 38. 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, Subiect!
of the United Kingdom of Great Britain and Ireland, in Forest
Parts, as relates to the Trial of Offences against the Act of king
William the Third, hereinbefore mentioned; and so much of an

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43 G.3. c.58.

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0 .ct passed in the First Year of the Reign of His present Majesty, 1 G.4. c.90. itituled 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, 1G.4. c.115. itituled 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 sounding therein mentioned ; and an Act passed in the Third 3G.4. c.38.

ear of the present Reign, intituled An Act for the further and Llore 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 Felocives; 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 Issaults 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 ment of this Day of July in the present Year.

II. And be it enacted, That every Offence, which before the Petit Treason Commencement of this Act would have amounted to Petit Treason, to be treated in shall be deemed to be Murder only, and no greater Offence; and all respects as 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, Punishment of or of being an Accessory before the fact to Murder, shall suffer Principals and Death as à Felon ; and every Accessory after the Fact to Mur

Accessories in

Murder. der 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 Murder Period of Esshall be executed according to Law on the Day next but One ecution, and

Marks of after that on which the Sentence shall be passed, unless the same

Infamy. 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 H 3

able immediately.

Act.

Murder.

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