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APPENDIX OF STATUTES.

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7 & 8 GEO. 4, c. 28. An Act for further improving the Administration of Justice in Criminal

Cases in England.

[21st 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, &c., that if any person, not having privilege A plea of Not of peerage, being arraigned upon any indictment for treason, felony, or

guilty,' with

out more, shall piracy, shall plead thereto a plea of . Not guilty,' he shall by such plea, put the priwithout any further form, be deemed to have put himself upon the soner on his country for trial; and the court shall, in the usual manner, order a jury trial by jury. for the trial of such person accordingly.

2. If any person, being arraigned upon or charged with any indict. If he refuses ment or information for treason, felony, piracy, or misdemeanor, shall to plead, stand mute of malice, or will not answer directly to the indictment or

order a plea of information, in every such case it shall be lawful for the court, if it shall Not guilty' so think fit, to order the proper officer to enter a plea of Not guilty' to be entered. 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.

3. If any person, indicted for any treason, felony, or piracy, shall Every chalchallenge pereniptorily a greater number of the men returned to be of lenge beyond the jury than such person is entitled by law so to challenge in any

the legal of the

number shall said cases, every peremptory challenge beyond the number allowed by be void. 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. 4. No plea setting forth any attainder shall be pleaded in bar of any

Attainder of indictment, unless the attainder be for the same offence as that charged another crime in the indictment.

. 5. Where any person shall be indicted for treason or felony, the jury Jury shall not empanelled to try such person shall not be charged to inquire concerning inquire of his lands, tenements, or goods, nor whether he fled for such treason or

prisoner's

lands, &c., nor felony

6. Benefit of clergy, with respect to persons convicted of felony, shall fled. be abolished; but that nothing herein contained shall prevent the joinder Benefit of . in any indictment of any counts which might bave been joined before the clergy, passing of this Act.

abolished. 7. No person convicted of felony shall suffer death unless it be for What felonies some felony which was excluded from the benefit of clergy before or on only shall be the first day of the present session of Parliament, or which hath been capital. or shall be made punishable with death by some statute passed after

whether ho

that day.

Felonies not 8. Every persou convicted of any felony, not punishable with death, capital punish- shall be punished in the manner prescribed by the statute or statutes able under the specially relating to such felony; and that every person convicted of any Acts, if any relating

felony, for which no punishment hath been or hereafter may be specially thereto; provided, shall be deemed to be punishable under this Act, and shall be otherwise liable, at the discretion of the court, to be transported beyond the seas under this Act. for the term of seven years, or to be imprisoned for any term not exceed

ing 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

9. And with regard to the place and mode of imprisonment for all order hard offences punishable under this Act, be it enacted, that where any person labour or solitary con

shall be convicted of any offence punishable under this Act, for which finement as

imprisonment may be awarded, it shall be lawful for the court to sentence part of the

the offender to be imprisoned, or to be imprisoned and kept to hard sentence of

labour, in the common gaol or house of correction, and also to direct that imprisonment. 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.

10. See vol. i. p. 81. Punishment 11. And whereas it is expedient to provide for the more exemplary for a subse- punishment of offenders who commit felony after a previous conviction quent felony. for felony, whether such conviction 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 Form of in- court shall so think fit), in addition to such imprisonment; and in an indictment for

dictment for any such felony committed after a previous conviction for the subsequent felony, it shall be sufficient to state that the offender was at a certain

time and place convicted of felony, without otherwise describing the preWhat shall be vious felony; and a certificate containing the substance and effect only sufficient

(omitting the formal part) of the indictment and conviction for the preproof of the

vious felony, purporting to be signed by the clerk of the court, or other first conviction.

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 eightpence, 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 Uttering false the same ; and if any such clerk, officer, or deputy shall utter a false certificate of

certificate of any indictment and conviction for a previous felony, or if conviction.

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 im

prisonment. Admiralty 12. 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,

ollences.

statutes,

13. Where the King's Majesty shall be pleased to extend his royal Effect of a mercy to any offender convicted of any felony punishable with death or free or condiotherwise, and by warrant under his royal sign manual, countersigned tional pardon

to a convict. by one of his principal secretaries of state, shall grant to such offender either a free or a 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 Proviso. 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.

14. Wherever this or any other statute relating to any offence, whether Rule for the punishable upon indictment or summary conviction, in describing or re- interpretation ferring to the offence or the subject-matter on or with respect to which it of all criminal 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. 16. Nothing herein contained shall extend to Scotland or Ireland. Not to extend

to Scotland or

Ireland. 1 Vict. C. 84, (a). 1. Recites the 2 & 3 Will

. 4, c. 59, s. 19 [see vol. 2, p. 813], the 2 & 3 Will. 4, c. 125, s. 64 (see vol. 2, p. 793], the 5 & 6 Will. 7, c. 45, s. 12 (see vol. 2, p. 793], and the 5 & 6 Will. 4, c. 51, s. 5 (see vol. 2, p. 793]; and enacts, that if any person shall after the commencement of Persons conthis Act be convicted of any of the offences hereinbefore mentioned, such victed of any person shall not suffer death, or have sentence of death awarded against of the offences

herein before him or her for the same, but shall be liable, at the discretion of the court, to be transported beyond the seas for life, or for any term not less than be liable to be seven years, or to be imprisoned for any term not exceeding four years transported. nor less than two years.

The Acts recited in sec. 2 are repealed by the 8 & 9 Vict. c. 81, and 24 & 25 Vict. c. 95.

3. And be it enacted, that when any person shall be convicted of any Persons conoffence punishable under this Act for which imprisonment may be vieted of awarded, it shall be lawful for the court to sentence the offender to be offences imprisoned, with or without hard labour, in the common gaol or house punishable buy

imprisonment of correction, and also to direct that the offender shall be kept in solitary may be kept to confinement for any portion or portions of such imprisonment, not ex- hard labour ceeding one month at any one time, and not exceeding three months in and to solitary

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mentioned to

confinement. any one year, as to the court in its discretion shall seem meet.

(a) The 37 & 38 Vict. c. 35 (the Also, except as to Scotland, so much Statute Law Revision Act, 1874), repeals as relates to the punishment of offences this Act in part ; namely,

formerly punishable under the Acts 2 & So much as relates to the punishment 3 Will. 4, c. 123 or 3 & 4 Will. 4, c. 44. of offences formerly punishable under Section four from “or in an Act" to the Acts 11 Geo. 1 & 1 Will. 4, c. 66, the end of that section. 5 & 6 Will. 4, c. 45, or 3 & 4 Will. 4, Section Five.

c. 51.

6

5 & 6 VICT. C. 38. (6) An Act to define the Jurisdiction of Justices in General and Quarter Sessions of the Peace.

[30th June, 1842.] Whereas it is expedient that the powers of justices in general and quarter sessions of the peace with respect to the trial of offences be better defined ;' be it enacted by the Queen'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 Justices in

the same, that after the passing of this Act neither the justices of the sessions restrained from peace acting in and for any county, riding, division, or liberty, nor the trying certain recorder of any borough, shall, at any session of the peace, or at any adoffences. journment thereof, try any person or persons for any treason, murder, or

capital felony, or for any felony which, when committed by a person not previously convicted of felony, is punishable [by transportation beyond the seas] (c) for life, or for any of the following offences (that is to say) :

1. Misprision of treason :
2. Offences against the Queen's title, prerogative, person, or govern-

ment, or against either House of Parliament :
3. Offences subject to the penalties of præmunire :
4. Blasphemy, and offences against religion :
5. Administering or taking unlawful oaths :
6. Perjury and subornation of perjury :
7. Making or suborning any other person to make a false oath, affir-

mation, or declaration, punishable as perjury or as a misde

meanor : 8. Forgery : 9. Unlawfully and maliciously setting fire to crops of corn, grain, or

pulse, or to any part of a wood, coppice, or plantation of trees, or

to any heath, gorse, furze, or fern : 10. Bigamy, and offences against the laws relating to marriage : 11. Abduction of women and girls : 12. Endeavouring to conceal the birth of a child : 13. Offences against any provision of the laws relating to bankrupts and

insolvents : (3) 14. Composing, printing, or publishing blasphemous, seditious, or defa

matory libels : 15. Bribery : 16. Unlawful combinations and conspiracies, except conspiracies or com

binations to commit any offence which such justices or recorder respectively have or has jurisdiction to try when committed by

one person : 17. Stealing or fraudulently taking, or injuring or destroying records

or documents belonging to any court of law or equity, or relating to any proceeding therein :

(6) By 32 & 33 Vict. c. 62, s. 20, so much of this Act as excludes from the jurisdiction of justices and recorders at sessions of the peace, or adjournments thereof, the trial of persons for offences against any provision of the laws relating to bankrupts, is hereby repealed as from the passing of this Act; and any offence under this Act shall be deemed to be

within the jurisdiction of such justices and recorders.

By 37 & 38 Vict. c. 96, this Act (5 & 6 Vict. c. 38), is repealed in part; namely,– section one, the item of offences numbered 13, and from “provided” to the end of that section.

Section Five.
(C) Now penal servitude, sce vol. 1, p. 73.

18. Stealing or fraudulently destroying or concealing wills or testamen

tary papers, or any document or written instrument being or
containing evidence of the title to any real estate or any interest

in lands, tenements, or hereditaments : Provided (d) always, that nothing herein contained shall be construed to Proviso as to give authority to the justices of the peace acting in and for the cities of justices acting London and Westminster, the liberty of the Tower of London, the in London and borough of Southwark, and the counties of Middlesex, Essex, Kent, and Surrey, to try any person or persons for any offence committed or alleged to be committed within the jurisdiction of the Central Criminal Court, which such justices are restrained from trying under the provisions of an Act passed in the fifth year of the reign of his late Majesty, intituled 4 & 5 Will. 4, • An Act for establishing a new court for the trial of offences committed c. 36. in the metropolis and parts adjoining.'

6 & 7 Vict, c. 12.
An Act for the more convenient Holding of Coroners' Inquests.

[11th April, 1843.] Whereas it often happens that it is unknown where persons lying dead have come by their deaths, and also that such persons may die in other places than those in which the cause of death happened :' be it enacted by the Queen'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 the

Coroner only coroner only within whose jurisdiction the body of any person upon whose

within whose death an inquest ought to be holden shall be lying dead shall hold the jurisdiction inquest, notwithstanding that the cause of death did not arise within the the body is jurisdiction of such coroner; and in the case of any body found dead in lying dead

shall hold the the sea, or any creek, river, or navigable canal within the flowing of the

inquest. sea, where there shall be no deputy coroner for the jurisdiction of the Admiralty of England, the inquest shall be holden only by the coroner having jurisdiction in the place where the body shall be first brought to land. 2. For the purpose of holding coroners' inquests every detached part Provision for

detached paits of a county, riding, or division shall be deemed to be within that county,

of counties, riding, or division by which it is wholly surrounded, or where it is partly surrounded by two or more counties, ridings, or divisions, within that one with which it has the longest common boundary.

3. If a verdict of murder or manslaughter, or as accessory before the Parties may le fact to any murder, shall be found by the jury at any such inquest, tried on against any person or persons, the coroner holding the said inquest and the verdicts of

murder or justices of oyer and terminer and gaol delivery for the county, city, dis

manslaughter. trict, or place in which such inquest shall be holden, and all other persons, shall have the same powers respectively for the commitment, trial, and execution of the sentence of the person or persons so charged as they now by law possess with regard to the commitment, trial, and execution of the sentence upon any person or persons committed and tried within the jurisdiction where the death happened.

7 & 8 Vict. c. 2.

See ss. 1 and 2, as to offences committed on the high seas, vol. 1, p. 16. Where 3. The justice or justices by whom any information shall be taken offenders shall

be tried. (d) See note (b) ante, r: 640.

VOL. III.

T T

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