Adoption of Acts Act 1842 (SA)

HEREAS certain Acts of Yarliamcnt; were passed in the First Preamble.

year of the Reigii of Her present Majesty Queen Victoria intituled res~eetirelg "An Act to abolish thc Punishment of the,

c. 23.

Pillory " a&

An Act to amend the Laws relating to offences,

vict. c ss.

against the Pe~soii

" and " An Act to a in~nd

the Lams relating to r Vict. c. 86.

Burglarv and Stealing i11 a Dwelling &use

" and '' A n Act to amend 1 Uict. C. 87.

the 1.a1Gs relating to Robbery and Stealing from the Person " and

" An Act to ai~icild

certain Acts relating to the crime of Piracy " and

1 vict. ,.

88.

"An Act to amend the Imvs relating to Burning or Destroying 1 Vict. c. 89.

and rc-enacted in this Act.

Ruildings and 8h;ps " and '.Ail Act to amend the I,aw relative to 1 vict. c,

Offences punishable by Transportation for Life " and an Act for I vict.	91.
abolishing the Pnnishmcnt of Dent11 in certain cases :" And whereas it is enpedicnt to adopt aud apply C1w said recitcd Acts of l'lzrlia-

, illclrt in the administration of justice in South Australia:
l

BE IT THEREYORE IGNACTEU

HIS EXCELLENCY

GEOKGE

GREY

EsQu rim Governor ancl Con~manGer-ill-Chief of the Province of South Australia and its Depenclcncies by and with the advice and consent
of the 1,cgislative Council thcrcof That the said recited Acts of Par- Adopted and applicd

lianlerlt and every clause pro~ision

arid cnactrnent therein contained jn south

shall be and the sanlc is m r l arc hereby adopted and clirccted to be applied ill the aclministr~ttion of justice in the said Proviace and its Depcndenrics in like manner as other Laws of England are therein applied and as if the sanlc and cvery part thereof had been repeated

11. Arld be it Xnacted

his Act shall cornnlence and take

effect on the first day of

ne Thousand Eight Hundred and

Forty-two except as to o	and other matters committed or
done before the said First	une which shall be dealt with and
punished as if this Act ha

f4

$.	GEORGE GREY,

i	Governor of South Australia.

Pnsscd in Council this twentybecond dog

of	March One Z1housand e igh t Hun

dred and Forty-two.

;

i	A. M. MUNDY,

Clerk of Council,

ACTS OF PARLIAMENT REFERRED TO*

ANNO P m x o VICTORIB

REGINB.

CAP. XXIII.

AN ACT to abolish the Punishment o f !he Pillol:y..-(30th June,

1837.)

WHEREAS

it is expedient to abolish the punishment of the Pillory:

BE IT THEREFORE ENACTED

BY THE QUEEN'S

MOST EXCELLENT

MAJESTY

by and with the advice and consent of thc Lords Spiritual and Tem-

poral and Commons in this present Parliament assembled and by the authority of the same That from anc3 after the passing of this

Act judgment shall not be given and awarded against any person Punishment of the

or persons convicted of any offence that such person or persons do Pillory abolished.

stand in or upon the Pillory any law statute or usage to the contrary

notwithstanding Provided that nothing hewin contained shall extend PrOviaO.

or be construed to extend in any manner to change alter or affect any

punishment whatsoever which may now be by law inflicted in respect

of any offence except only the Pillory. l pnnishment of

Car. LXXXV.

AN ACT to amend the Laws relating to Ofences ap ins t the Person.

-417th July, 1837.)

WIIEREAS

it is expedient to amend so much of an Act passed in the

ninth year of the Reign of King George the Fourth intit~ded

"An

-4ct for consolidating and amending the Statutes in England relative

3L.

to Offences against the Person" and also so much of an Act passed in

the tenth year of the same Reign intituled '@An

Act for consolidating

and amending the Statutes in Ireland r d a t i ~ f f

to Offences against the

Person" as relates to any person who shall unlawfully and maliciously 10 G,,. 4 ,. a4.

administer or attempt to administer to any person or who shall cause

to be taken by any person any poison or &her destructive thing or

who shall unlawfully and maliciously attempt to drown suffocate or

strangle any person or who shall counsel aid or abet therein and so

much of the same Acts or either of them as relates to any pcrson who

shall unlawfully and maliciously shoot at any person or ivho shall by

drawing a trigger or in any other manner attempt to discharge any

kind of loaded arms at any person or who shall unlawfully and

maliciously stab cut or wound m y person or who shall unlawfully

and maliciously throw or cast at or upon or otherwise apply to any

person any corrosive or noxious liquid or substance with any of the

intents in the same Acts mentioned or who ,shall counsel aid or abet

therein and so much of the same Acts as relates to any person who

shall use any of the ways or means therein mentioned with intent to

procure the miscarriage of any woman or who shall counsel aid or

abet
abet therein and so much as the same Acts as relates to the punish- ment of accessories aftar the fact to such of the felonies punishable under those Acts as a& hereinbcforc referred to: BE IT THEREFORE
ENACTED BY THE QUWN'S MOST EXCELLENT MAJESTY by and with
the aifvice and constfnt of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the authority of the same That sc~ much of the said Acts as is herein- befbre referred to shall" continue in forcc until and throughout the

,+.ions ofrecitedActs. 30th day of September One Thousand Eight Hundred and Thirty-

Repeal of certain pro-

seven and shall from and after that day be ~Sepealed except as to offences committcd before or upon the said 30th day of' September which shall be dealt with and pnnished as if' this Act had not been passed.

ministaring poison or 11. And be it Enacted That whosoever shall administer to or cause

Punishment fcr ad-

doing otherbodily in- to be taken by any person any poison or other destructivc thing or

jury with intent to shall st8b cut or wound any pcrson or shall by any means whatsoever

commit murder.

cause to any person any bodily injury dangerous to life with intent in any of the cases aforesaid to commit nlnrder shall be guilty of felony and being convicted thereof shall suffer death.

Puni~hment

for of-

111. And be it Enacted That whosoever shall a t t e m ~ t

to administer

fenoos aith intent to	to any prson m y poison or other destructive thing or shall shoot at
commit murdrr though
no bodily injury be	any person or shall by drawing a trigger or in any other manner
effeckd.	attempt to discharge any kind of loaded arms at any person or shall attempt to drown suffocate or strangle any person with intent in any of the cases aforesaid to commit thc crime of murder shall althourrh <7 no bodily injury shall be effected be guilty of felony and bcing con- victed thereof shall bc liable at thc discretion of the Court to be transported beyond thc seas for thc term of his or her natural life or for any term not less than fifteen years or be impriso~led for any term not exceeding three years,

P~uniahment

fm cut-

IV. And be it Enacted That whosoever unlnmf~dly and mdi-

ting rind maiming

with intent to dis-	ciously shall shoot at any person or shall by clruwing a trigger or in
jigme.	any other manner attempt to discharge any kind of loaded arms at any person or shall stab cat or wound m y person with intent in any
uf the cases aforesaid to maim disfigure or disable such person or t o
do some other grievous bodily harm to such person or with intent to resist or prevent the lawful apprehension or detainer of m y person 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 the term of his or her natural life or for any term not less than fif- teen years or to be imprisoned for any term not exceeding three years.

Pllni~hment

for send-

ing explosive sub-

V. And be .it Enacted That whosoever shall unlawfdly and mali-

stances or throwing

ciously send or deliver t o or cause to be taken or received by any

~ ~ r n t ~ ~ e

matter

with intent to d.?	person m y explosirc substmce or any other dangerous or noxious
bodily ham.	thing or shiU cast or throw upon or otherwise apply to any person any corrosivn fluid or other destrnctivt? lunttcr with intent in any of

the

thc cases doresaid to burn inaim disfigure o	isable any person or
to do some other grievous bodily harm to	person and whereby

in m y of

the cnscs aforesaid any persoli shall be burnt maimed dis-

figured or clist;~bled

or 'eccive some other grievous bodily harm shall

be guilty of felony and being convicted the re~f shall be liable at the discretion of the Court to bc transported beyond the seas for the term of his or her natural life or for any te&< not less than fifteen
years or to be imprisoned for any term not exceeding three years.

VI.

And Fe i t Enacted That wl~osoever

with intent to procure the runishment for try-

ing to procure abor-

miscarriage of any won~an sliall unlamfully administer to her or ,ion.

cause to be taken bv her m y poison or other aosio~is

thing or shall

unlawfully use any ~nstrumeht or other means whstsoc.ver with the like intent shall be guilty of felony ailcl being convicted thereof shall be liable at the discretion of the Court to be transyortcd beyond the seas for the term of his or her natural life or for any terin not lesv than fifteen ycars or to be imprisoned for any term not exceeding three years.

VII.

And

be i t E n a c t ~ d

That in the case of everv feloay punish- Punishment ofac-

able under this Act vvery principal in the second degree aud every cessarle~.
accessary before the fact shall bc puuishable with death or otherwise
in the same nmnner m the principal in the first degree is by this Act
punishable ancl ewry accessary after the fact to ~ n y felony punish-

able under this Act ~11~11

011 convi~lioii

lie liable to be imprisoned

for any terin not exceeding two years.

VTII. And be it El iact~d

'I'hat wlsere any pcrsoii shall be con- offenceapunish&b1e

by in~priaonmcnt

victed of any offencc punishable under this A& for which imprison- mcnt may b i awarded it shdi be lawful for the Court to sentence the offender to be imprisonctl or to br! imyrisoi~cd and kept to hard labor in the common panl OF house of correction and also to direct that the offender shall be kept in solitat!. confinement far any portion or por-

tions of such imprisonn~ent or of such imprisonment with hard labor

not cxceccling one nlonth a t ally one time and not exceeding three

n m t h s in any one year as to thr Court in its discretion shall seem

meet.

IX. And be it further Enacted Tha t nothing in this i i ~ t	c m - NO^ to affect power8
any of 6 and 6 Wm. 4th

taincd sliall be construed to extend to the alteration or repeal of

c. 38 and 4 Geo. 4th

of the p w e m provisions or regulations contaiued in an Act made C 64.
and passed in the fifth and sixth years of the reign of His late
h j e s t y King Wil l ia~n the E'ourtll intituled " An Act for effecting
greater uniformity of practice in thc government of the sevcral
prisons in England and Wales and for appointing Inspectors of
Prisons in Great Britain " or in an ,4ct made and mssed in the
fourth year of IIis &l'ajcsty King Cieorgc the Fourth hti tuled " An
Act for consolidating and amending thc laws relating to the building
repairing and regulating of certain gaols m d houses of correction in
England and Wales."
X. And
offencescommitted

within the juridic-

X. And be it Enacted That where any felony punishable under of England or of Ireland -the same shall be dealt with inquired of tried and determined in the same manner as any other felony com-

t i ~ n

of theAdmiralty. this Act shall be committed within the jurisdiction of the Admiralty

mitted within t h ~ t

jurisdiction.

imprison for three XI. And be it Enacted That on the trial of any person for any of

empowered to

years in certa.in cases, the offences hereinbefore mentioned or for anv felonv whatever where
the crime charged shall include an assault against the person it shall be lawful for the Jury to acquit of the felony and to find a verdict of guilty of assault against the person indicted if the evidence shall warrant such finding and whcn such verdict shall be found the Court shall have power to imprison the person so found guilty of an assault for any term not exceeding three years.
Not to extend to

Scotland.

XII. Provided always and be it Enacted That nothing in this Act

contained ghall extend to Scotland.
Commencement of

Act.	XIII. And be it Enacted That this Act shall commence and take effect on the first day of October One Thousand Eight Hundred and 'l'hirty-seven.

ANNO PRIM0 VICTORIB REGINB.
AN ACT to amend the Lam relating to Burglary and Stealky in a

Dwelling House.-(l

7 th July, 1837,)

WHEREAS it is expedient to amend so much of an Act passed in the
seventh and eighth years of the Reign of King George the Fourth

7th and 8th Geo.

intituled '' An Act for consolidating and amending the La RS in Eng-

4th c. 29.

land relative to Larccny and other offences connected therewith " and

intituled " An Act for con~olidating and amending the Laws in Irc-

also so much of an Act passed in the ninth year of the same reign

land relative to Larccny and other Offences connected therewith " as relates to the punishment of any person convicted of burglary and so much of the same Acts as relates to any person who shall steal any chattel money or valuable security to any value whatever in any dwellinghouse any person therein being put in fear and so much of the samc Acts as relates to the punishment of principals in the second degree and of accessarics before and after the fact respectively to such of the felonies punishable under those Acts as are hcreinbeforc

referred to: BE IT THEREFOBE ENACTED BY THE QUEEN'S MOST

EXCELLENT MAJESTY by and with thc advice and consent of the Lords Spiritual and Temporal and Commons in this prescnt Parlia-

Recited Acts in part

repealed after 30th

ment assembled and by the authority of the same That so much of

Sept. 1837 except as

the said Acts as is hereinbefore referred to shall continue in force

to offences on or be-

fora that day.

until and throughout the Thirtieth day of September Onc Thousand Eight Hundrcd and Thirty-seven arid dial1 fiom and after that day be repealed except as to offences committed before or. upon the said

Thirtieth
thirtieth day of September which shall be dealt with and punished
as if this Act had not been passed.

and enter into any dwelling-house and shall assault with idtent to

11. And be it Enacted That whosoever shall burglariously break $ ;~~ ;~$~;~~i.

murder any person being therein or shall stab cut wound beat or strike any such person shall be guilty of felony and being convicted thereof shall suffer death.

bur-

IIT. And be it Enacted That whosoever shall be convicted of the Pudshhmont

glary.

crinle of burglary shall be liable at the discretion of the Court to be transported beyond the seas for the term of the natural life of such offender or for any term uot less than tep years or to be imprisoned for any term not exceeding three years.

is essential to the offence of burglary theL night shall be considered house ia to be can- the breaking into a

.W. Provided always and be it Enacted That so f'x as the same Between what hours

and is hereby declared to commence at nine of the clock in the even- sidercd as burglary.
ing of each day and to conclude at six of the clock in the morning
of the next succeeding day.

V. And be it Enwted That whosoever shall steal any property in Skalinginadwelling-

house with menace or

any dwelling-house and shall by any menace or threat put any one threat.
being therein in bodily fear shall be guilty of felony and being con-
victcd thereof shall be liable to be transpbrted beyond the seas for
any term not exceeding fifteen years nor less than ten years or to be
imprisoned for any term not excceding threc years.

i(cCe8-

VI. And be it Bnac ted 'l'hat in the case of emry felony punishable under this Act every principal in the second degree and evcrv acces- szvy before the fact shall be p~unishable with death or othepwise in the same manner as the principal in the 6rst degree is hy this Act punishable and every accessmy after the fact to any felony punish- able under this Act (except only a rccrirer of stolcn property) shall

~ % ~. h m e n l

on conviction be liable to be imprisoned fbr any term not excceding

two years.

VII. And be it Enacted 'I'hnt where any person shall be colivicted by

Offeuccs

imprisonment.

prlnishuble

of any offence punishable under this ~ c t ' for which imprisonment may be awarded it shall bc lawful for the Court to sentence the offender to be imprisoned or to be imprisoned ancl kept to hadlabor in the common gaol or house of correction and also to direct that the uffender shall be kept in solitary confinement for any portion or portions of such imprisonment or of such imprisonment with hard hbor not exceeding one month at any one time and not excceding three months in any one year as to the Court in its discretion shall
seem meet.
VIII. And be it further Rnacted That rothing in this Act con- Kot to affect powers

tained shall be construed to extend to the alteration or repeal of any of 5 and 6 Wm. 4th

c. 38 and 4th Oeo. 4th

of the powers provisions or regulations eolltained in an Act made and c. 84.
gassed
passed in the fifth and sixth yen~*$of the reign of His latc Majesty
King William the Fourth intituld " An Act for effecting greater
uniformity of practice in the gove&ment of the several prisons in
England and Wales and for appbinting 1nspecto1.s of Prisons iu
Great Britain" or in an Act made'and passed in thc Fourth ycar of His Majesty King George the ~ o u i t h intituled " An Act for consoli- dating and amending the Laws relating to the building repairing and regulating of certain gaols and houses of correction in England and Wales."

~ o m t r u c t i o n

of the

. IX.

And be it Enacted That the word " Property" shall throughout this Act be deemed to denote every thing included under the words '' Chattel money or valuable security" used in thc said Acts of the seventh and eighth years and ninth year respectively of King Gcdrge the Fourth.

word	" Property."

Off encea committed

X. And be it Enacted That where any felony punishable under this Act shall be committed withiiz the jurisdiction of the Admiralty of England or of Ireland the same &m11 be dealt with inquired of tried and determined in the same inamer as any other felony com- mitted within that jurisdiction

within jurisdiction of

Admiralty.

Xot to extend to

Scotland.

XI Provided always and bc it Enacted That nothing in this Act contained shall extend to Scotland.

Commencement of

Aat.	XII. And be it Enacted That this Act shall commence and take effect on the first day of October One Thousand Zight I-llundred and Thirty-scvcn.

p-
AN NO PRIMO VlC'IORI2E REGINB.

AN ACT to amencl the Laws elating to Robbwy and Stealing from

the persov.-(1'7

th July, 1835. )

WHEREAS

it is expedient to amend so much of an Act passed in the

c. 19.

7& and 8th 90.46 seventh and eighth years of the Reign of King George the Fourth

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

S	and also so much of an Act passed in the ninth year of' the same &ign intituled " An Act for consolidating and amending the Laws

9th Gee. 4th

55.

in lseland relative to Larceny and other Offences connected there- with" as relates to any person who shall rob any other person of any chattel money or valuable security or who shall stcrtl any such pro- perty from the person of another or shall assault any other person with intent to rob him or shall with menaces or by force denland any such property of any other person with intent to steal the same and so much of the same Acts as relates to any person who shall accuse or threaten to accuse any other person of any infamous crime with a view or intent to extort or gain from him and who shall by intimi-
dating
dating him by such itccusation or threat extort or gain from him any chattel money or valuable security and so much of the same Acts as relates to any 6erson who shall plunder or steal ally part of any ship or vessel which shall be in distress or. wrecked stranded or cast on shore or any goods nierchandise or articles of any kind belonging to such ship or vessel and so much of the same. 4 c t ~ as relates to the pnishmeiit of' principals in the second degree and of accessaries before and after thc fact respectively to suc l~ of the felouies punish-

able under thosc Acts as are hereinhefore referred to BE:

LT THEREFORE

XNACTED BY THE QUEEX'S IVIOST ESCELI~ENT MAJESTY by and Gith the
advice and consent of the Ilbrds Spiritual and 'rcmporal and Com- mons in this prese11 t Parlianient assembled ;md by the authority of the

same That so much of the said Acts as is hereinbefore referred to Repealof provisions	shall continut: in force until and throughout the Thirtieth day of m recited Acts.
September One Thousand Eight Hundred and l'hir ty-se*n and shall from and after that day be repealed except as to offences committed before or upon the said Thirtieth day of September which shall be dealt mith and punished as if this Act had not beell passed.

11. And be i t Faacted That whosoever

shall rob any person

and ~

at the time of or immediately before or immediately after such cutting or wounding.
robbery sholl stab cut or wound any ycrson shall be guilty of felony
a i d being convicted thereof shall suff'cr death.
111. And be i t Enacted That whosoever shall being armed with any l'unkhrnenl of rob-

offensive weapon or instrument rob or assault with intent to rob any v;o~c,,,.	b a y attended with
person or shall together with one or more person or persons rob or assault with intcnt to rob any pcrson or shall rob any persou and at the time of or immcdiat;ely b&&e or immediately aft&- such robbery
shall beat strike or use i n y other personal violence to m y persui
shall be guilty of felony and being convicted thereof shall be liable a t the discretion of the C o u ~ t to be transported beyond the seas for the term of his or her natural life or for any tern1 not less than fifteen years or to be imprisoned for any term not exceeding three years.

IT'.

And be i t Enacted That whosoever shall accuse or threaten to Punishment for oh-

taining property by

accuse any person of the abominable crime of buggery cornn~itted

threat of accusing of

either with mankind or with beast or o£ any assault with intent to unnaturd rrr;nles.
commit the said abominiible criinc or of any attempt or endeavour to
commit the said abominable crime or of nlaking or offering any
solicitation persuasion promise or threat to any persGn whereby to
move or induce such person to commit or permit the said abominable
crime mith a view or intent in any of the cases aforesaid to extort or
gain from such person and shall by intimidating such person by such
accusation or threat extort 01. gain from such person any property
shall be guilty of felony and being corlvicted tllrreof shall be liable
at the discretion of the Court to be transported beyond the seas for
the term of his or her natural life or fo r any term not less than fifteen
years or to be imprisoned for any term not exceeding three y e a x
V. And be it Enacted That whosoever shall rob any person or Punishment for eteal-

R	ins from the pnrson.

shall steal any property from 1	e person of another shall be liable at
the discretion of the Court to 1	transported beyond the seas for any
term not exceeding fifteen y	,rs nor less than ten years or to be
imprisoned for any term not e	xeding three years.

Punishment for

assault with intent

VI. And be it Enacted Tl

I; whosoever shall assault any person

to rob.	with intent to rob shall be g	ilty of felony and being convicted
thereof shall (save and escep	'n the cases where a greater punish-
ment is provided by this Act)	) liable to be imprisoned for any term

not exceeding t h r ~ e

years.

Puni~hmont for	VII. And be it Enacted ~ h &	whosocvor shall with menaces or by
attempting to obtain

property by menace.	force demand any property o f any person with intent to steal the same shall be guilty of felony m ~ d being convicted thereof shall be liable to be imprisoned for any tkrm not exceeding three years.
Punishment for
wrecking.	VIII. And be it Enacted TIlht whosoever shall plunder or steal any part of any ship or vessel +ich shall be in clistress or wrecked stranded or cast on shore or any goods merchandise or articles of any kind belonging to such ship or vesscl and being convicted thereof shall be liable at the discretion of the Court to be transported beyond the seas for any term not exceeding fifteen years nor less than ten years or to be imprisoned for any tcrni not exceeding three years.
Punishment of awes-

ssries.

IX. And be it Enacted That in the case of cvery felony punishaf~le

under this Act every principal in the second degree and every accessary before the fact shall be punishable with death or otherwise in the same manner as the principal in the first degree is by this Act punishable and every accessary gter the fkct to any felony punish- able under this Act (except only's receivcr of stolen property) shall on conviction be liable to be imprisoned for any term not exceeding two years.
offences punishable

by	X, And be it Enacted That @here any person shall be convicted of any offence punishable undq 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 arid kept to hard labor in the common gaol or house of cprrection and also to direct that the offender shall be kept in solitary confinement fcr any portion or portions of such imprisonment or of such irnprisonmcnt with hard labor not exceeding one month at any one time, and not exceeding three months in any one year as to the Comt in its discretion shall seem meet.

~ o t

to affect powers

XI. And be it further Enacted That nothing in this Act contained

~ & ~ ~ ~ n ~ ' W \ Y m "	shall be construed to extend to the alteration or repeal of any of the
Geo. 4th C. 64.	powers provisions or regulations contained in an Act made and passed in the fifth and sixth years of the Reign of His late Majesty King William the Fourth intituled '' An Act for effecting greater uniformity of practice in the government of the several prisons in England and
Wales and for appointing Inspectars of Prisons in Great Britain" or

in

in an Act made and passed in the fourth year of His Majesty King

George the Fourth intitulacl "An ,4ct for consolidating and anle~ldirig

the Laws relating to the huilciing repairing and r~gullatiiig	of certain
Gaols and Houses of Cowcction in Nngland and Wales."

XII. Allcl be it Enacted That the word "property " s l d

throughout Construction of the

this Act be deemed to denote every thing included undcr the words word " Property."

chattel money or valuablc security " used in the said Act of the

se~enth

and eighth years and ninth year respectivelv of King George

the Fourth.

3311. And bc it Enacted That where any felony punishable under within

offences

the

committed

Admiralty

this Act shall he committed within the jurisdiction of thc Admiralty jUriS&ction,

of England or of Ireland the same shall be dealt wit11 inquired of

tried and determined in the same manner as any other felony com-

mitted within tlm t jurisdiction.

XIT'. Provided always and bc it Enacted That nothing in this NO^ to extendto scat-

Act contained slid1 extend to Scotland.

land.

XV. And be it Xnacted That this Act shall commence and take commencement of

effect or1 the first day of October One Thousa.nL1 Eight Hundred and

Thirty-seven.

C!AP. LXXXVIII.

ACT

to arnemi cert~iin Acts

relaii?zy to the O i t n c o j ' Pinrcy.-

(17th July, 183'7.)

~ V H E R E A S

it is expedieilt to amend so much of an Act passcd in the 28 Henry 8th C. 16.

twenty-eigh th y car of the Reign of King Herlzy the Eighth in tituled

" For Pirates " and so much of an Act passed in thc eleventh and

twelfth years of the Reign of King William the 'fl~ircl

intitulecl '.An 11 ,,a

12 wm.

3rd.

Act for the more effectual suppression of Piracy" and so much of an c. 7 -
Act passed in the fourt,h year of the Reign of King Georgc the First

intituled

An i4ct for the furtlm preventing Robbery Burglary and 4th as,,, lst c. 11.

other Felonies and for the more effectual 'I'ransportation of Felons 7,
and unlawful Exporters of Wool and for declaring the Law upon
some points relating to Pirates" and so much of an Act passed in the

eighth year of the same Reign intit~~led

'. An Act fbr the more 8thGeo. 1 s t ~.

24.

effectual suppression of Piracy " and so mucl1 of all Act passed in the
eighteenth year of the Reign of King Qeorge the Second intituled 18th aeo. 2nd C. 50.
" An Act to amend an Act made in the eleventh year of the Reign
of King William the Third i~ltit~decl "An Act for the rnore effectual
suppression of Piracy " as relates to the punishment of the crime of
piracy or of any offencc by any of the said Acts declared to be Piracy

or of accessaries thcrcto respectively: BB IT THEREVORE ENACTED

T H E ($uF,F:N's

MOST EXCELT,EKT

MAJESTY

by and with the advice and

consent
t
e 12

~epeal

of provisions consent of the Lords Spiritu

and Temporal and Commons in this

in reaited Acte.

present Parliament assembled A d by the authority of the same That so much of the said several A&S as is hcreinbefore referred to shall from and after the cornmence&mt of this Act be and the same is

hereby repealed.

1L And be it Enacted That &on1 and after the commencement of

~ ~ ~ u h m ~ n t

of piracy

when murder is at-

tempted.	this Act whosoever with intent %o commit or at the time of or imme- diately before or immediately after committing the crime of Piracy in respect of any ship or vcsset shall assault with intent to murder any person being on board of 0% belonging to such qhip or vessel or shall stab cut or wound any snth person or unlawfully do any Act
by which the life of such persod.mny be endangered shall be guilty
of felony and being convicted thereof shall suffer death as a felon.

P C ~ S O ~ S

guilty of

111, And be it Enacted That

orn and after the cornmencemcnt of

piracy to be trans-	this Act whosoever shall be con k	ted of any offence which by any of
ported.

the Acts hereinbefore referred totamounts to the crime of Piracy and is thereby made punishable with &ath shall bc liable at the discretion of the Court to be transported bkyond the seas for the term of the natural life of such offender or $or any term not less than fifteen years or to be imprisoned for atiy..term not exceeding three years.

pupisbent of acces-

1V.

And be it Enacted That inithc case of every felony punishable under this Act every principal in the second degree and every acces- sary before the fact shall be punishable with death or otherwise in
m e 8.
the same manner as the principakin the first degree is by this Act
punishable and cvery accesaary after thc fact to any felony punishable under this Act shall on conviction.be liable to be imprisoned for any
term not exceeding two years.

offenceapuniehable

V. And be it Enacted That wljere any person shall be convicted

of any offence punishable under this Act, for which imprisonment

may be awarded it shall be lawful for thc Court to sentence the offender to be imprisoned or to be imprisoned and kept to hard labor

in the common gaol or house of cotrection and also to direct that the

offender shall be kept in solitary confinement for any portion or portions of such imprisonment or, of such imprisonment with hard labor not exceeding one month a t any one time and not exceeding three months in any one year as to the Court in its discretion shall seem meet.

~ o t t o

d e ~ t

POW*

VI.

And be it further Enacted That nothing in this Act contained

and

Wm. Ith

cap. shall be construed to extend to the alteration or repcal of any of the

powers provisions or regulations contained in an Act made and passed

in the fifth and sixth years of the Reign of his late Majesty King
William the Fourth intituled 'L An Act for effectinggreater uniformity of practice in the government of the several Prisons in England and Wales and for appointing Inspectors of Prisons in Great Britain" or

and 4 Geo. 4th c. 64. in an Act made and passed in the fourth year of His Majesty King

George the Fourth intituled '&An Aet for consolidating and amending
tlie

the laws relating to the building repairing and regnlsting of certain

Gaols and Houses of Correction in England and Wales."

VII. And be it further Enacted That this Act shall conlinence Comoneenlent of

and take effect: on the first day of October, One 'l'llousand Eight ~ c t.

Hundred and Thirtywseven.

AN ACT to a m e d the Laws retntiny to burning 01% desiroying

Buildings and Shz$s.--(17th

duly, 1837.)

WHEREAS

i t is expedient to amend so much of an Act passed in thc 7 and 8 Geo. 4ah, a.

seventh and eighth years of the Reign of King George the Fourth So-
intituled " A11 Act for consolidating and anlcncling the 1,aws in
England relative to malicious injuries to Pmperty" and also so much
of an Act passed in the ninth year of thc same reign intitulcd ' C An

Act for consolidatiag and amending the Laws in Ireland relative to	4tb, c. 66A
malicious injurics to Property" as relates to any person who shall unlawfully and nialiciously set fire to any of the buildings or erections therein respectively mentioned and so nluch of the same Acts as relates to any person who shall unlawfully and maliciously sct fire to any minc of cod or cannel coal and so much of the smne Acts as relates to any person who shall unlawfully and maliciously sct fire to or in anywise destroy any ship or vessel whether the same be com- plete or in an unfinished state or who s l d l unlawfully and maliciously set fire to cast away or in anywise destroy any ship or vcsscl with intent thercby to prejudice any owner or part owner of such ship or vessel or of any goods m board the same or any person that hnth underwritten or shall underwrite :my policy of insurance upon snch ship or vessel or on the freight thereof' or upon any goods on board
the same and so much of the same Acts as relates to any person who shall exhibit any false lights or signal with intent to bring any ship	or vessel into danger or who shall unlawfully mid maliciously do
anything tending to the immediate loss or destruction of any ship or vessel in distress OF destroy m y part of any S]+ or vessel which shall be in distress or wrecked stranded or cast 011 shorc or any goods merchandise or articles of any kind belonging to such ship or vessel or who shall by force prcvent or impede any person endeavoring to save his life from such ship or vessel (whether he shall be on board or shall have quitted the same) and so much of the same Acts or either of them as relates to any person who shall unlawfully or maliciously set fire to any stack of corn grain pulse straw hay coals
turf charcoal or wood and so much of the samc Act as ]-dates to the
punishment of principals in the second degree and of accessaries before and after the fact respectively to such of the felonies punish- able under those Acts as are hereinbefore referred to: BE IT THERE- FORE ENACTED BY THE QUEEN'S MOST XXCBLLENT MAJESTY by and with the advice and consent of thc Lords Spiritual arid l'empora.1 a d

~oll~n~o11

Commons in this present PI

ament assembled and by the authority

f i e ~ e ~ o f p m ~ n i o n ~

ofthe same That io much (

le said Acts as is hereinbefore referred

in recited Acb.

)f Q

to shall continue in force U	nt3	and throughout the Thirtieth day of
September One Thousand 1	$id	it Hundred and Thirlylseven and shall
from and after that day be	:eR	ealed except as to offences committed
before or upon the said Tl	11rO	ieth day of September which shall be
dealt with and punished as	if @	his Act had not been passed.

Betting fire to a

11. And be it enacted T

hat

whosoever shall nnlawf ully and mali-

dwellin houae any

ciously set fire to any dwel

lina

?house any person being therein shall

prmn

be guilty of felony and beii

ng r

3onvicted thereof shall suffer death.

Setting ire to a

church or chapel,	111. And be it Enacted Thgt whosoever shall unlawfully and mali- religious worship of persons dissenting from the United Church of England and Ireland or shall unlawfully or maliciously set fire to any house stable coach-house outhouse warehouse office shop mill malthouse hopoast barn or granary or to any building or erection used in carrying 011 any tradc Or manufacture or any branch tb.ereof tvh~ther the same or any of them respectively shall then be in the possession of the offender or in the possession of any other person with intent thereby to injure cyr defraud any person shall be guilty of felouy and beiug convicted thereof shall be liable at thc discretion of thc Court to be transported beyond the seas for the term of the natural life of such offender or br any term not less than fifteen years or to be imprisoned for any term not exceeding three years.
hcuae, wanhou8e,	ciously set fire to any church or chapel or to any chapel for the
at.
setting 6re to ehips	IV. And be it f orther Enackd That whosoever shall unlawfully and maliciously set fire to cast $way or in axywise destroy any ship or vcssel either with intent to murder any person or whereby the life of any person shall be endangered shall be guilty of felony and

or ~essele,

with intent

to commit murder, &C.

being co~lvjcted

thereof shall suffer death.

Ranging out false

V. And bc it Enacted That whosoevex

shall ~lnlawfully exhibit

ligbiu?

wreck. to causa

any false light or signal with intent to bring any ship or vessel into danfier or shall unlawfully and rnaliciuusly do anything tending to the iinrnerliate loss OF destruction of any ship or vessel in distress shall be guilty of felony and being convicted thcrcof shall suffer death.

or veasele, with intent VI. And be i t Enacted That whosoever s l d l uillawfully and

Setting fire to ships

to destroy the aaule. maliciously set fire to or in anywise destroy any ship or vcssel whether the same be complete or in an unfinished state or shall unlawfully and maliciously set fire to cast away or in anywise destroy any ship or vessel with intent thereby to prejudice any owner or part owner of such ship or vessel or of any goods on board the same or any person that hath underwritten or shall underwrite any policy of insurance upon such ship or vessel or on the freight thereof 01. upon any goods on board the adme shall be guilty of felony and being convicted thereof shall be liable a t the discretion of the Court

to
to be transported beyond the seas for the term of the natural life of such offendcr or for any term not less than fifteen pears or to be imprisoned for any term not exceeding three years.
VLI. And be Enacted That whosoever shall bv force arevent or Impe&ng any person

impede any pcrson endeavoring to save his life from any ship or

endeavoring to-~sve

afifmm

Ship-

vessel which shall be in distress or wrecked stranded or cast on shore wreck, &c.
(whether 1.1~ shall be on board or shall have quitted the same) shall
bs guilty of felony a i d beiilg convicted thereof shall be liable at the
discretion of the Court to be transl;orted beyond thc seas for the
term of the natural life of suck offender or for any term not less than
fifteen years or to be imprisoned for any term not exceeding three
years.
VIIT. And be it Enacted That mhosocvcr shall unlawfully and Destroying wrceks or
inaliciously destroy any part of any ship or vessel which shall be in ~ & ~ ~ l e s e " " ' O n d n ~
distress or wrecked stranded or cast on shore or any goods merclmdise or articles of any kind belonging to such ship or vessel shall be guilty of fcloay, aid being convicted tlnereof shall be liable a t the discretion of the Court to be transportcd beyond the seas for any tern1 not cxceeding fifteen years, nor less than teu years or to bc imprisoned fbr any term not cxceecling three years.
IX. And be i t Enacted That whosocvcr shall unlawfully and Setting fire tocoal

~naliciously

set fire to any mine of coal or cannel coal shall bc guilty mnes.

of felony and being convicted thereof shall be liable at thc discretion of the Court to be transported beyond the seas for the term of the natural life of such offender or for any tcrm not less than fifteen years or to be imprisoned for any term not exceeding threc years.

X. Ant1 be it E w c

tcd 'Illat whosoever shall unlawfully and Settillg firc toagri-

maliciously set fire to any stack of corn grain pulse tares straw haulm	produce, &C.
stubble furze heath fern hay turf pest coals charcoal or wood or any stecr of wood shall be guilty of felony and being convicted thereof
shall be liable at the discretion of the Court to be transported bcyond	the seas f ~ r the term of the natural life of such offender or for any
term not less than fifteen years or to bc imprisoned for any term not exceeding three years.

XI. And be it X~iactecl

That in the case of every felony punishable Punkhment of accea.

under this AA ctevcry principle in the second degree and every accessary before the fact shall be punishable with death or otherwise in the same manner as the principal in the first degree is by this Act p.mishable and every accessarp after the fact to any felony punish- able under this Act shall on conviction be lirtblc to be imprisoned for any term not exceeding two years.
XII. And be it Enacted That where any person shall be convicted Offencespunisha~le
of any offence punishable under this Act for which imprisonment by imprisonment.
may be awardcd i t shall be lawful for the Court to sentence thc offender to be imprisoned or imprisoned and kept to h a d labor in
the

the common gaol or house 04 correction and also to direct that the

offender shall be kept in ary confinement for any portion or

portions of such imprison	or of such imprisonment with hard
labor not exceeding one	at any one time and not exceeding

three months in any one

as to thc Court in its discretion shall

e

seem

meet,

not to affect powers

of 6th and 6th Wm.

XIII. And be it further Idmeted That nothing in this Act con- of the powers provisions or re&dations contained in an Act made and passed in the fifth and sixth $ears of the Reign of His late Majesty King Williarn the Fourth infiituled An Act for effecting greater uniformity of practice in the @vernmmt of the several Prisons in England and Wales and for;appointing Inspectors of Prisons in Grcat Britain" or in an Act made and passed in the fourth year of His 3la;jesty King Qeorge the Fourth intituled (' An Act for con- solidating and amending the lqws relating to the building repairing

4th' a. M,	6th	tained shall be construed to cktmd to thc alteration m repeal of any
Gee. Ith, c,
and regdzlting of' certain gaols*,and houses of correction in England
and Wales."

Offences committcd

XIV. And be it Enacted hat where any felony punishable Admirality of England or of Beland the same shall be dealt with inquired 6f triedYand determiired in thc same: manner as any other felony committed within that jarisdiction.

the*d&lty

under this Act shall be committed within the jurisdiction of the

jurisdiction.

NO^ to extend to

XV. Provided always and be it Enacted That nothing in this Act

Gcotland.

contained shall extend to Scotlind.

Commencement of

XVI. And be i t Enacted 'I'lmt'this Act shall commence and take Thirty-seven.

A C ~.

effect on the first day of

October One Thousand Eight Hundred and

CAP. XC.

AN ACT to clmend the L a w rektive 20 ofemes punishable by Truns-

portalion j b r 1fe.-(17th

July, 183'7.)

2.d md,,dwm. ath, W H E R E M ~ ~ ~

an Act passcd in the second and third years of His

r. 62.	late Majesty King William the Fourth's reign intitulcd An Act for abolishing the punishment of death in certain cases and substi- tuting a lesser punishment in lieu thereof " persons convicted of certain offences therein mentioned are liable to be transported
4th Wm. 4th, c. 44.	beyond the seas for life: And whcreas by an Act passed in thc fourth yea.r of the same reign intituled An Act to repeal so much of two Acts of the seventh and eighth years and ninth year of King Ceol.ge the Fourth as inflicts the punishment of death upon persons brcaking entering and stealing in a dwelling-house also for giving yov er to the Judges to add to the punishment of transportation for

life
life in certain cases of forgery aud in certain other cases " persons punislmble by trai~sporatiou for life under the said recitcd Act are liable previously to their being transported in cast: the Court before ~ h o m suoli persons shall be convict,ccl sliall think fit to be iinprisonecl with OF without hard labor in the common gaol or house of correction
or to be confined in the penitentiary for any terin not exceeding four
years nor less than one year: And whereas by tllc said last-mentiond recitcd L4ct every person convicted of breaking and ~ntering any dwelling-house and stcaling therein any chattel money or valuable security to any vahc whatever as principals or accessarics bcforc the fact are liable to be transported beyond the seas for life or for any terin not less than sevcn years as the Court before whom any such person shall be convicted shall adjudge and previously to trauspor- tation are liable to be imprisoned with or without hascl labor as in that Act mentioned for any term not exceeding four' ycars or are liable to be imprisoned with or without hard labor in the common
gaol or house of correction for any term not exceeding four ycars
nor less than one year: And whereas it is cxpedient to alter and

amend the said recited Acts BE IT THEREFORE ENACTED

D V THE

QUEEN'S MOST EXCELLENT MAJESTY by and with the advicc and
consent of the Lords Suiritual and Temnoral ancl Commons in this

pesent Parliament assrmbled and by the'autliority of the same That 2::;

z i

pro-

SO much of the said recited Acts as relates to ihe ~~unishrnent

ilcts, and new D ~ O -

persons convicted of offences for which thcy are liableinder the said	'"liqu
Act of the second aud third pears of His said late Majesty's reign to be transported for life and so much of thr said Act of the f&rtli year of the said reign as relates to the punishment of' any person convicted of the offence of breaking and entering any dwelling-house and stcaling therein as in that Act mentioned shall from and after
the corn~nencement of this ,4ct be and the same is hereby repealed and that from and after the commencemerlt of this Act every yersou
convicted of any of such offences shall be liable to be transported beyond t'hc seas for any term not exceeding fifteen years nor less
than ten years or to be imprisoned for any tern not exceeding three
I

11.. And whereas by an Act passed in thc seventh and eighth years Acts herein recited in

part repealed, 7th and

ata, c. 29,

of the reign of King George the Fourth intitulrd " An Act for 8th oeo.
consolidating and amending the Laws in England relative to larceny 14.
and other ogences connected therewith " i t was Enacted That if anv attel money or valuable security such building being within the tilege of a dwelling-house and occupied therewith but not being t thereof according to the provision thereinbefore mentioned
son should break and enter any building and steal therein any
cry such offender being convicted thereof (either upon an indict-
ent for the same offence or upon an indictment for burglary ousebreaking or stealing to the value of five pounds in a dtvelling- Ouse containing a separate count for such offence) should be liable
the discretion of the Court to be transported beyond the spas for
e OF for any term not less than scvcn years or to be imprisoned
any tcrm not exceeding four years and if a malt to be once twice

or thrice publicly or privately $vhiipped	(if the Court should so think
fit) in addition to such impriso3ment:	And whereas by the said last-

mentioned Act it was also ~ n i o t e d

That if any person should break

and enter any shop wareho	r counting-house and steal therein
any chattel money or valuab	security every such offender being

convicted thcreof should bc li

e to any of the punishments which the

said Court might award as he before last-mentioned: Arid whereas by the said last-mentioned &t it was also Enacted That if any

Section 16.

person should steal to the valub of ten shillings any goods or article of silk woollen linen or cot@n or of any one or more of those materials mixed with each otlkr or mixed with any other material whilst laid placed or exposecl clbring any stage process or progress of manufacture in any bidding fikld or other place cvery such offender being convicted thereof should be liable to any of the yuuishments which tlre Court might award 3s hereinbefore last-mentioned: And

Section

1 7.

whereas by the said last-mentioned ,4ct it was also Knacted That if any person should steal any goods or merchandise in any vessel barque or boat of any description whatsoever in any port of entry or discharge or upon any navigrtble river or canal or. in any crcck belonging to or communicating with anv such port river or canal or should steal any goods or merchandise from any dock wharf or quay adjacent to any such port river canal or creek every such offender bcing convicted thereof should be liable to any of thc punish-

7th and 8th Geo. 4th,

c. 30: S. 16.

ments which the Court might award as hcrcinbefore last-mentioned: And whereas by an Act passed in the said seventh arid eighth years of the said Reign intitded " An Act for consolidating and amendin~ the Laws in England relative to Malicious Injuries to ~ropert? ' it was Enacted That if any person should unlawfully and maliciously kill maim or wound any cattle every such offender should be guilty of felony and being convicted thereof should 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 iin- prisoned for any term not exceeding four years and if a male to bc

once twice or thrice publicly or privately whipped (if thc Court

should so think fit) in addition to such imprisonment: And whereas

by the said last-mentioned Act it was also Enacted That if any person should unlawfully and maliciously cut or otherwise destroy any hop-binds growing 011 poles in any plantation of hops cvery such

Section 18.

offender should be guilty of felony and being convicted thereof should be liable at the discretion of the Court to be transported beyond the scas for lifc or for any term not less than seven years or to be imprisoned for any term not exceeding four ycstrs and if a male to be once twice or thrice publicly or privately whipped (if the Court should so think fit) in addition to such imprisonment: Ancl whereas it is expedient to alter and amend the said last-mentioned in part recited Acts: Be it therefore Enacted That so much of thc said last-

Repeal of pmvigions

nientioned Acts of the seventh and eighth years of the reign afore-

of	~vcited Acts

new provisions n lieu

thereof.

said as relates to the punishment of persons convicted of any of the offences hereinbefore specified as in those Acts rontained respectively shall from and after the commencement of this Act be and the same arc hereby repealed and every person convicted after the commence-

ment
rnent of this Act of any of such offcnccs respectively shall bc liable
to be transported bcyoltd the spa9 f ~r any term not exceeding fifteen
years nor less than ten years or to be imprisoned for ;my term not
exceeding three yyars.

imprisonment for any offence punishable m d e r this Act it shall bc

111. L4nd be i t Enactrd That in awarding the punishment of E$~;.EA~~~

lawful for the Conrt to direct such imprison&ent to be with or without hard labor in the common gaol or home of correction and also to direct that the offender shall bc kept in solitary confinement
for any portion or portioils of snch imprisonment or of such imprison-
nlcnt with hard lnbor not esceeding 01-1~ month at any one time and not exceeding threc months ill any one year as to the Court in its

ciiscretioi~

shall seem meet.

tained shall be construed to cxtcnd to the alteration or repeal of any .M,, c. ss, and 4th

IV. And be it further Enacted That nothing ill this Act con- 4::;,"?&~;";

of the powers provisions or regulations contained in an Act made	4th, c.
and passed in thc fifth and sixth years of the Reign of His late

Majesty King William the ~ o n r t h

iutitolrd " A11 Act for ~ffccting

greatcr uniformity of practice in the Government of the several Prisons in England and lt'alcs and for appointing Inspectors of Prisons in Great Britain" or in an Act made and passed in thc fourth

I ;onsolidating and arnendi-ng thc Lzws relating to the building	vear of IIis Majesty King George the Fourth inti tded "An Act for
repairing and regulatina of certain Gaols ancl Houses of Correction
in England and ~ a l e s. ~

V. And whercas by the laws now in forcc i t is lawful fbr the Lidat ion of time of

imprisonment.

Court bcfore whom m y ~ C ~ S O I L sEiaIl be convicted of certain offences
for whiv'h imlxisonrnent or imprisonment with hard labor may be
awarded to direct that thc ofl'eaclcr shnll be kept in ~olitary confine- ment for the wllolc or any portion or portions of such imprisonment or of such iniprisoarrlent with llard labor as to such Court in its

the commencement of this Act i t shall not be lawful for any Colxrt to	discretion should seem imet it is hereby Jhacted That from and after	direct that m y offender shall bc kept in solitary confiilein~nt for any longer period than one month a t a time or than three months in thc
space of one year.

VI. Ailcl be it further Enacted 'l'hat this Act shall commence and ~amluencement

tnhc effect on thc first day of October One Thousand Eight Hundred
and Thirty-seven.
ANNO PRIM0 VICTORIA3 REGINB.
CAP. XCI.

An Act .fbr nbolishiny the Peaishmmt of

Dead i t i certain cases.-

I	(1'7th July, 1837.)

WHEREAS

by an Act passed in the first year of tllc Reign of King lst Gee. 1st) c- 6.

George the First intitulcd

An A r t for preventing T u n l ~ ~ l t s

and

Riotous
I

Riotous Assemblies	r the more speedy and effectual punishing
the Rioters" i t was	t other things Enacted That if any persons
to the number of	or more being unlawfully riotously and gether to the disturbance of the public

commanded by any one or more Justice y the Sheriff of the County or his Under. iliff or Bailiffs or other head Officer or

Justice of the P	City or Town Corporate whcrc such mation to be made in the King's name
ed to disperse themselves and peaceably

to depart to their habitd$ions or to their lawful business should to the number of twelve orknore (notwithstanding such Proclamation made) unlawfully riotoubly and tumultuously remain or continue together by the space oft one hour aftcr such command or request made'by Proclamation %at then such continning together to the number of twelve or morb after such command or request made by Proclamation should be kdjudged felony without benefit of clergy and the offenders therein #hould be adjudged felons and should suffer dcath as in case of felony !without benefit of clergy and it was also by the said Act further E~lkctcd That if any person or persons did or should with force and are5 wilfully and knowingly oppose obstruct or in any manner wilfully' and knowingly let hinder or hurt any person or pcrsons that s&ould begin to procllain1 or go to proclaim according to the Proclam$ion thcreby directed to be made whereby such ~r&lamation should pot be made that then every such opposing obstructing letting hinde@ng or hurting such person or pcrsons so beginning or going to malge such Proclamation as aforesaid should be adjudged felony without benefit of clcrgy and thc vffenQrs thereill should be adjudged felons ind should suffer death as in case of fclony without benefit of clergy ;thd that also every such person or persons so being uirlawfully rioto$dy and tumultuously assembled to thc i~umher of twelve as aforesdd or more to whom Proclamation should or ought to havc bccn made if the same had not been hindcred as aforesaid should likewise is case they or any of them to the nurrlbei of twelve or more should continue together and not disperse them

knowledge of such lct or hindrance so made should be adjudged	selves within one hour a fkr such let or hindrance so made having
felons and should suffer death as in case of felony without benefit oj clergy: And whereas by ad Act passed in the twentyfifth year oi

26th Geo. Znd, 3. 37,

the reign of King George the Second intituled "911 Act for bcttei

8. 9.
preventing the horrid Crime, of Murder" and also by an Act passed
31st Geo. 3rd, c. 17,

a. 10.

in the Parliament of Ireland in the thirty-first year of the Reign ol

King George the Third in@tuled "An Act to p~evcnt

the boi~id

Crime of Murder" and to r q e a l an Act passed in the tcnth vcar oj King Henry the Seventh intituled An Act to make Muider oj malice prepense Treason" and for repealing an Act made in ninth year of Qnccn Anne intituled " B n Act for bringing an appeal in case of Murder notwithstanding the Statute of Henry the Severit1 ~vl~ereby 'Murder is made Righ Treason"' it was amongst othel things Enacted That if any person or persons whatcoever shoulc by forcc sct at liberty or rqscne or attempt to rescuc or set a1

libert]

liberty any person out of prison who shall b

ommitted for or found

guilty of murder or rescue or attempt to res	any person convicted
of murder going to execution or during e	tion cvery person so

shonld be deemed taken and adju

to be guilty of felony

and should suffer death without benefit of

y: And whereas by

an Act passed in the thirty-seventh year o

same reign intituled 37 G m 39

70,

An Act for the better prevention and pu9ishment of attempts to
seduce pcrsons serving i11 His hIajesty's for6es by sea or land from

their duty and nllegia~ice

to His Majesty or to incite them to mutiny 37 Geo. 3, c. 40, a. 1.

or disobedience" -4nd also by an Act in the Parliament of [reland in the same year and hearing the like title it was amongst other things Enactecl That any person or pe$sons who sho~dd mali- ciously and advisedly cndeavor to seduce'any person or persons serving in His Majestry's forms by sea or land from his or their duty and allegiance to His Majesty or to incite oy stir up any such person or persois to commit any act of mutiny or to malrc or endeavor to
make any mutinous assembly or to commit say traitorous or mutinons

practice whatsoever should on being legally ~onvicted of such offence bc adjudged guilty of felony and should suBer death as in cases of felony without benefit of clcrgy: ,4nd ~vhei$ns by an Act passed in the fifty-sccond year of the same Reign intibled " An Act to rcnder rj? G ~ O.	S, c.	104,s. l.
more effectual an Act passed in the thirty-se&nth year of His present Majesty for preventing thc administering or taking unlawful Oaths"
it was amongst other things Enacted That et-ery person who should
in any manner or form whatsoever adrninistcr or cause to be admninis-

terert or to be aiding or assisting at thc adm$listerin,s of any oath or engagement purporting or intending to bind the person taking the same to commit any treason or murder or aqy felony panisliable by law with death shonld on conviction therecif by due course of law be adjudged guilty of fe1:~iy and suffer death as a, felon without benefit of clcrgy And it was by the said Act further Enacted That persons aiding a i d assisting at the aclmir~istering of any such oath or mga,qernmt as aforesaid and persons cat$sing any such oath or engagement to be administered though not $resent at the ndminis- lering thereof sllodd be deemed principal r4ft'enclers and should be

trird as such and on conriction thereof by clue coursc of

law should

be adjildg~cl

guilty of felony and should suffei death 3s felons without

benefit of clergy altho~lgli

{he person or pcrsons who actually admin-

lIG3

lsteretl such oath or eugngement if any such there should be dlould $,Gee. 31	Ilot have been tried or convicted: And whereas by an Act passed in
the fifty-ninth year of the same Reign intittlled ( ( An Act for thc better regulation of the General Penitentia~y for Convicts at Mill- bank" it was mogst other things Enacted That if any convict who should be ordered to be confined in the said penitentiary should at any time during the tcrm of such confinemen$ break prison or escape

from the place of his or her confinement or in his or her conveyance

to snch place of confinement or froin the gierson or persorts having

the lawful custody of such convict and bein" punished for any such

offence in the manner in the said Act rnent f oiled should afterwards be convicted of a second escapc or breach of prison be or she should be adjudged guilty of felony withont benefit of clergy: And whereas

a oeob 4, c. 1139 a. 9. by an Act passed in the fift

r of thc Rcign of King George the

Fourth intituled " An Act	end and consoliciate the Laws re-
lating to the abolition of	ave Trade" i t was amongst other
things enacted That if any	t or subjects of H is Majesty or any
person or persons residing	g within any of the dominions forts
settlements factories or t	s then or thereafter belonging to
'His Majesty or being in	esty's occupation or possession or

under the Government Jnited Conipany of Merchants of England trading to the E a d indies should except in such cases as are in and by that Act permit@d upon the high seas or in any haven river creek or place where the?hdmirnl has jurisdiction knowinglv i; and wilfully carry away conw$ or remove or aid or assist in carrying away conveying or removing Cny person or persons as a slave or slaves or for the purpose of his #er or their being imported or brought as a slavc or slavcs into any islftnd colony country territory or placc whatsoever or for the purpose if his her or their being sold trans- ferred used or dealt with as a $ slave or slaves or should cxccpt in such cases as are in and by that Act permitted upon the high seas or within the jurisdiction af'o~csaid lrnowingly and wilfully ship embark receive detain or confi~e or assist in sl~ipping embarking receiving detaining or confining$on board any ship vessel or boat any person or persons for the pnrpme of his hcr or their being carried away conveyed or removed as a:slave or slaves or for the purpose of his her or their being imported o r brought as a slave or slaves into any island colony country territqry or place whatsocvcr or for the purpose of his her or their beini sold transferred used or dealt with * A as a slave or slaves then and in &erp such ease the person or persons so offending should be deemed and adjudged guilty of piracy felony and robbery and being convictccl+ thcrcof should suffcr death without benefit of Elergy and Gss of lands goods and chattels as pirates felom

3 and 4 Wm.

4, c. 53, and robbers upon the seas ought to suffkr: Ancl whereas by an Act

e. 58.

passed in the third and fourth years of His late AIajest$s Rcign intitulcd " An Act for thr prcvcntion of Smuggling" i t was amongst other things Enacted That if any+persons to the number of three or

more armed with fire arms or other offensive weapons should within

the United Kingdom or within the limits of any port harbor or creek

thereof be assembled in order to be aiding and assisting in the illegal landing running or carrying away of any prohibited goods or any goods liable to any duties which have not been paid or securcd or in rescuing or taking away any such goods as aforesaid after S ~ ~ Z U ~ E

from the officer of the Cl~zstoms or other officer authorised to seize the same or from any person or persons employed by them or assisting them or from the place whcre thc same shall have been lodged by them or in rescuing any person who shall have been ap. prehended for any of the offences made felony by that Act or any Act relating to the Customs or in the preventing the apprehension df any person who shall have been guilty of such offence or in case any persons to the numbcr of three or more so armed as aforesaid should within the United Kingdom or within the limits of any port harbor or creed thereof be so aiding or assisting every person so offending and every person aiding abetting or assisting therein shouldckbein&

thereof
thereof convicted be adjudged guilty of fcjtony ancl suffer death as a Section ss.
felon and it was by the said Act now in recital further Enactcd That
if any person shonld malirionsly shoot at g l y vosscl or boat belong-
ing to IIis Majesty's navy or in the scrvioc of the Revenue within olle hundred leagucmf ally p a ~ t of the ebabt of thc United King- dom or should nlaliciously shoot at main1 oy dangerously wonnil any oficer of the army navy or lrlarinvs being d l y emplcyed for the pre- vention of sn?uggling and on full pay or ~ n y officcr of Custonls or Excisc or any person acting in his aitl or assistance or duly employed for the prevention of smuggling in the clue execution of his office or duty every person so offending and every pcrson aiding abetting or assCting therein should being lawfully convicted be adjudged gmlty of felony and suffer death as n felon ,4nd whercns i t is expedient that nonc of the hereinbefore rnelltiord oti'ences should henceforth
be punishal~le with death BE rrr THEREFORE ENACTED BY THE
QUEEN'S nlosT EXCELLENT R'ZAJESTY by and with the advice and consent of the Lords Spiritual and Temporal and ('ommons ir\ this

yrescrit Parliament assen~bletl

and by the aulbority of the same That Abolishing yunjsh-

ment of death in cer-

if any person shall after the commencement of this Act be convicted taincnses.
of any of the offences hereinbefore mentioned such person shall not suffer death or ham sentence of death awarded against him or her for thc same but shall be liable at thc discretion of the Court to be transported beyond the seas for thc term of the nn'tnral life of such person or for any term not less than fifteen ycars or to be imprisoned for any term not cscccding three ycnrs.

11. And

i t Enacted That in awarding the p n n i s h c n t of

oEences punishable

prisonment for any offence punishable under this Act i t shall be law- biim~riaonment.
ful for thc Court to direct such irnprisoninent to be with or without
hard labor in thc common gaol or house of correction sncl also to direct that thc offender shall he kept in solitary confinement for any portion or portions of mch imprisonrncnt or of such imprisoiimeilt with hard labor not exceeding one month a t any onc time and not exceeding thrce months in any one year as ' to the Colwt in its dis-

cretion shall seem meet.

111. And be it further Enacted That nothing in this Act contained ~, t

effect powers

shall he construed to e x t e d to thr altcratioil or repeal of any of the ;~:~&64~'.4& 38i
pon7em provisions or r e p ~lations contained in an Act made and passcd
ill the fifth and sixth jcars of the reign of his late Majesty Icing Williaxn the Fourth iiitituled " An Act for effecting greater uni- formity of practice in thc government of the several prisons in
England and W d c e and for appointing inspectors of prisons in Great
Britain7' or in an Act made and passed in the Fourth year of His Majesty King George the Fourth intituled " An Act for consolidating ancl amending thc laws relating to the building rrpairing and r e p ] a t k g of certain gaols m d houses of conectlon in England and \Vales. 7 7
1V. And whereas it is expedient to relmd ail Act passed ill the Rapedof2ndJ~.1st7

Second year of the reign ot King Janles the First intituled " An "

'l.

Act
'l
Act for the charitable reli f and ordering of persons infected with the plague" and any Act c&tinuing or perpetuating the same so far as relates to the continuing 4 perpetuating the same Re it therefore Enacted That the same shal! be and the same are hereby respectively

repealed.

Commencement of

V. And be it further E

ted that this Act shall commencc and

A C ~.

take effect on the first day

October One Thousand Eight Hundred

and Thirty-seven.

/--

-p---

Adelaide : By authority, E. SPILLER,

Acting