Imperial Criminal Acts Adoption Act 1828 No 1a (NSW)

ANNO NONO

GEORGII IV. REGIS

No. I.

An Act for adopting certain Acts of Parl iament passed during the Seventh and E igh th Years of His Present Majesty King George the Four th for the Amendment of the Law and the Improvement of t he Administrat ion of Jus t ice in Criminal Cases. [26th March, 1828.]

WH E R E A S W a l e s in pu r suance of t h e A c t of P a r l i a m e n t in such case

since t h e appo in tmen t of a Legis la ture in N e w South

m a d e and provided divers Ac t s of P a r l i a m e n t have been m a d e for

repea l ing var ious S ta tu te s in E n g l a n d re la t ive to the Benefit of Clergy

a n d for J u s t i c e in Cr imina l Cases a n d i t is expedient t h a t t he same should	a m e n d i n g	the	Laws	a n d	improv ing	t h e	Admin i s t r a t i on	of
be

adopted a n d appl ied in N e w South W a l e s Be i t therefore enac ted by H i s Excel lency the Governor wi th t h e advice of t he Legis la t ive Counci l t h a t t he following Acts of P a r l i a m e n t Tha t is to say an A c t m a d e in

t h e seventh year of H i s Majesty K i n g George t h e F o u r t h in t i tu led

" An Act for improving the Administration of Criminal Justice in

" England" Majes ty in t i tu led " An Act for a n A c t m a d e in t he seventh and e igh th years of H i s said

repealing various Statutes in England

" relative to the Benefit of Clergy and to Larceny and other Offences

" connected therewith and to malicious Injuries to Properly and to

" Remedies	against	the Hundred"	a n A c t m a d e in t he seventh	and
e igh th years of H i s said Majesty in t i tu led	" An	Act	for	further

" improving the Administration of Justice in Criminal Cases in England"

A N N O

a n A c t m a d e in t h e seventh a n d e igh th years of H i s said Majesty

in t i tu led " An Act for consolidating and amending the Laws in

" England relative to Larceny and other Offences connected therewith"

a n d an Ac t m a d e a n d passed in t h e seventh a n d e igh th years of H i s

said Majesty in t i tu led " An Act for consolidating and amending the

" Laws in England relative to malicious Injuries to Property" shal l be and t h e same are hereby directed to be adopted in N e w South W a l e s a n d i t s Dependenc ies and appl ied in t h e adminis t ra t ion of J u s t i c e in

l ike m a n n e r as o ther pa r t s of t h e Cr imina l Laws of E n g l a n d a re

adopted a n d appl ied in t h e said Colony.

2. A n d be i t enacted T h a t th i s A c t shal l commence a n d t ake

effect on t h e first day of Apr i l one t h o u s a n d eight h u n d r e d a n d twen ty - e igh t except as to offences and other m a t t e r s commit ted or done before t h e said first day of Apr i l which shal l be deal t wi th and p u n i s h e d as if

th i s A c t h a d n o t been passed.

ANNO SEPTIMO GEORGII IV. REGIS .

CAP. L X I V

An Act for improving the Administration of Criminal Justice in

England. [26th May, 1826.]

WHEREAS it is expedient to define u n d e r w h a t persons m a y he admi t t ed to bail i n cases of felony and to

c i rcumstances

m a k e be t te r provision for t a k i n g examina t ions informat ions ba i lments

and recognizances and returning- t h e same to t h e proper t r ibuna l s

A n d whereas t h e technica l s t r ic tness of Cr imina l proceedings m i g h t in

m a n y ins tances be re laxed so as to ensure t he p u n i s h m e n t of t h e

gui l ty w i t h o u t depr iving the accused of any j u s t means of defence

and t h e admin i s t r a t ion of J u s t i c e in t h a t p a r t of t he U n i t e d K i n g d o m

called E n g l a n d m i g h t in o ther respects be rendered more effectual

Be it therefore enac ted	by t h e K i n g ' s Mos t Exce l l en t Majesty by	and
wi th t h e advice a n d consent of	t h e Lords Sp i r i tua l a n d Tempora l	and

Commons in t h i s present P a r l i a m e n t assembled and by t h e au tho r i t y of t h e same T h a t where any person shal l be t aken on a charge of felony or suspicion of felony before one or more J u s t i c e or Jus t i ces of t h e Peace and t h e charge sha l l ' be suppor ted by posit ive and credible evidence of t he fact or by such evidence as if no t expla ined or cont radic ted shal l in t h e opinion of t he J u s t i c e or Jus t i ces raise

a s t rong p re sumpt ion of t he gu i l t of t h e person charged such person

shal l be commit ted to pr ison by such Jus t i ce or Jus t i ces in t h e m a n n e r hereinafter ment ioned b u t if t he re shall be only one Jus t i ce present and t h e whole evidence given before h im shal l be such as ne i ther to raise a s t rong p re sumpt ion of gu i l t nor to w a r r a n t t h e dismissal of t h e charge such J u s t i c e shal l order t he person charged to be deta ined in cus tody u n t i l he or she shal l be t aken before two Jus t i ce s a t t h e least and where any person so t aken or any person in t h e first ins tance t a k e n before two Jus t i ces of t h e Peace shall be charged wi th felony or on suspicion of felony and t h e evidence given in sup­ por t of t h e charge shall in the i r opinion no t be such as to raise a s t rong p r e s u m p t i o n of t h e gui l t of t h e person charged and to requi re his or her commi t t a l or such evidence shall be adduced on behalf of t he person charged as shall in the i r opinion weaken t h e p re sumpt ion of his or he r gui l t b u t the re shall n o t w i t h s t a n d i n g appear to t h e m in

ei ther of such cases to be sufficient g round for judic ia l enqu i ry i n to his	or her gui l t t h e person charged shall be admi t t ed to bai l by such two
Jus t i ce s in t h e m a n n e r hereinafter men t ioned Provided a lways t h a t
n o t h i n g here in conta ined shall be cons t rued to requi re any such Jus t i ce or Jus t i ces to hear evidence on behalf of any person so charged as aforesaid unless i t shall appear to h i m or t h e m to be mee t a n d con­ ducive to t h e ends of J u s t i c e to hear t h e same.
2. A n d whereas i t is expedient to amend and ex tend t h e pro­ visions of two A c t s t h e first passed in t he first and second years of t h e reign of K i n g Ph i l ip a n d Queen M a r y in t i tu led " An Act appointing " an order to Justices of Peace for the bailment of prisoners " and tin; second passed in t h e second a n d th i rd years of t h e same re ign in t i tu led " An Act to take examination of prisoners suspected of
" manslaughter or felony" be i t therefore enacted T h a t t h e two
Jus t i ces of t he Peace before they shall admi t to bail a n d t h e J u s t i c e or Jus t i ces before he or they shal l commit to pr ison any person arres ted for felony or on suspicion of felony shall t a k e t h e examina­ t ion of such person and t h e informat ion u p o n oath of those who shall k n o w t h e facts and c i rcumstances of t h e case a n d shall p u t t h e same or as m u c h thereof as shall be mate r ia l in to wr i t ing and t h e two

Jus t ices

Jus t i ces shal l certify such ba i lmen t in wr i t i ng a n d every such J u s t i c e shal l have au tho r i t y to b ind by recognizance all such persons as k n o w or declare any t h i n g ma te r i a l t o u c h i n g any such felony or suspicion of felony to appear a t t he n e x t Cour t of Oyer a n d Terminer or Gaol Del ivery or Superior Cr imina l Cour t of a County P a l a t i n e or Grea t Sessions or Sessions of t h e Peace a t which t h e t r i a l thereof is in tended to be t h e n and the re to prosecute or give evidence aga ins t t h e p a r t y

accused a n d such Jus t i ces a n d Jus t i ce respectively shall subscr ibe all

such examina t ions informat ions ba i lments a n d recognizances a n d deliver or cause t h e same to be delivered to t h e proper officer of t h e Cour t in which the t r i a l is to be before or a t t h e opening of t h e Cour t .

3 . A n d be i t fur ther enacted Tha t every J u s t i c e of t h e Peace

before w h o m any person shal l be t a k e n on a charge of	misdemeanor
or suspicion thereof shall t a k e t h e examina t ion of t h e person	charged
and t h e informat ion u p o n oa th of those who shall k n o w t h e facts	and
c i rcumstances of t h e case and shall p u t t he same or as m u c h	thereof

as shall be ma te r i a l in to wr i t i ng before he shal l commit to pr i son or

requi re bai l from t h e person so charged a n d in every case of ba i lment

shal l certify t h e ba i lmen t in wr i t i ng a n d shal l have au thor i ty to b ind all persons by recognizance to appear to prosecute or give evidence aga ins t t h e p a r t y accused in l ike m a n n e r as in cases of Felony and shal l subscr ibe all examina t ions informat ions ba i lments a n d recog­ nizances deliver or cause t h e same to be delivered to t h e proper officer of t he Cour t in which t h e t r i a l is t o be before or a t t h e opening of t h e Cour t in l ike m a n n e r as in cases of felony.

4 . A n d be i t fur ther enacted T h a t every Coroner u p o n any

inquis i t ion before h i m t a k e n whereby any person shall be indicted for

m a n s l a u g h t e r or m u r d e r or as an accessory to m u r d e r before t h e fact

shall p u t in wr i t i ng t h e evidence given to t h e J u r y before h i m or as

m u c h thereof as shal l be ma te r i a l a n d shal l have au tho r i t y to b ind by

recognizance all such persons as k n o w or declare any t h i n g ma te r i a l

t ouch ing t h e said m a n s l a u g h t e r or m u r d e r or t h e said offence of be ing

accessory to m u r d e r to appea r a t	t h e nex t Cour t of Oyer a n d Te rmine r
or Gaol Delivery or Super ior Cr imina l Cour t of a Coun ty Pa l a t i ne	or

Grea t Sessions a t which t h e t r i a l is t o be t h e n and the re to prosecute

or give evidence aga ins t t h e p a r t y charged a n d every such Coroner shal l certify and subscr ibe t he same evidence a n d all such recogni­ zances and also t h e inquis i t ion before h i m t a k e n and shall deliver t h e

same t o t h e p roper officer of t h e Cour t in which t h e t r i a l is t o be

before or a t t h e opening of t he

5. A n d be i t fur ther enacted Tha t i f any Jus t i ce or Coroner Cour t .

shall offend in any t h i n g cont ra ry to t h e t r u e i n t en t a n d m e a n i n g of these

provis ions t h e Cour t t o whose officer a n y such examina t ion informa­ t ion evidence ba i lmen t recognizance or inquis i t ion ough t to have been delivered shal l u p o n examina t ion a n d proof o f t h e offence in a

s u m m a r y m a n n e r set such fine u p o n every such J u s t i c e or Coroner as

t h e Cour t shall t h i n k meet .

6. t o Jus t i ces and Coroners shall apply t o t h e Jus t i ces a n d A n d be i t fur ther enacted T h a t all these provisions r e l a t i ng

Coroners n o t

only of count ies a t l a rge b u t also o f al l o ther jur isdic t ions .

7. A n d clergy or c rea t ing felonies w i thou t benefit of clergy have whereas divers S ta tu tes t a k i n g away t h e benefit o f

omi t t ed

to t a k e away t h e benefit o f clergy under cer ta in c i rcumstances conse­

q u e n t upon r emedy for such defects was suppl ied by a n A c t passed in t h e t h e ind ic tmen t o f t h e offender A n d whereas a pa r t i a l

th i rd

year o f t h e re ign of K i n g "William a n d Queen M a r y in t i t u l ed " An " Act to take away Clergy from some offenders and to bring others to "punishment " whereby i t was enacted t h a t i f any person should be indicted of any offence for which by v i r tue of any former S t a tu t e such

person

person was excluded from the benefit of clergy if convicted by verdict or confession such person should no t be admi t t ed to t h e benefit of clergy u n d e r any of t h e c i rcumstances there in enumera ted A n d whereas it is expedient to extend the l ike remedy to all offences which now are or hereafter shal l be excluded from t h e benefit of clergy be i t therefore enacted Tha t if any person shall he indic ted of any offence for which by v i r tue of th i s or of any o ther S t a tu t e or S ta tu tes m a d e or to be made t h e offender is or shal l be excluded from t h e benefit of clergy such person shall be equal ly excluded from t h e benefit of clergy w h e t h e r he or she shall be convicted by verdict or by confession

or shall upon a r r a i g n m e n t s t and m u t e of mal ice or will no t answer

direct ly to t h e charge or shall chal lenge peremptor i ly above t h e n u m ­

ber of t w e n t y persons r e tu rned to be of t h e J u r y or shal l be out lawed

upon such ind ic tmen t a l though t h e S t a tu t e or S ta tu te s t a k i n g away

t h e benefit of clergy in any such case m a y no t expressly provide t h a t t h e offender shall be excluded from t h e benefit of clergy in case such offender shal l confess or s t and m u t e or no t answer directly or chal lenge peremptor i ly above t h e n u m b e r of twen ty persons r e t u r n e d to be of

t h e J u r y or be out lawed a n d every t h i n g here in conta ined shal l ex tend

as well t o all accessories as to pr incipals .

8. A n d wi th regard to clergyable felonies be i t enacted T h a t if any person shal l be indic ted of any felony for which t h e offender is or shal l be en t i t l ed to t he benefit of clergy a n d such person shall on a r r a i g n m e n t confess t h e felony or s tand m u t e of mal ice or will no t answer directly to t h e charge or shal l chal lenge peremptor i ly above t h e n u m b e r of twen ty persons r e tu rned to be of t h e J u r y or shal l be ou t lawed upon such ind ic tment in every such case such person shal l be deemed and t a k e n to be convicted of t h e felony a n d the Cour t shall a w a r d such j u d g m e n t as if such person h a d been convicted by verdict and every t i l ing herein conta ined shal l ex tend as well t o all accessories

as to pr inc ipa ls .

9. A n d for t h e more effectual prosecut ion of accessories before t he fact to felony be i t enacted Tha t if any person shall counsel pro­ cure or c o m m a n d any other person to commit any felony whe ther t h e same be a felony a t Common L a w or by v i r tue of any S t a tu t e or S t a tu t e s m a d e or to be made t h e person so counsel l ing p rocur ing or

c o m m a n d i n g shal l be deemed gui l ty of felony and m a y be indicted

a n d convicted e i ther as a n accessory before t h e fact t o t h e pr incipal felony toge ther w i t h t he pr incipal felon or after t he conviction of t he

pr inc ipa l felon or m a y be indicted and convicted of a subs tan t ive
felony whe the r t he pr incipal felon shall or shall no t have been previously

convicted or shall or shall no t be amenable to jus t ice a n d m a y be pun i shed in t h e same m a n n e r as any accessory before t h e fact t o t he same Fe lony if convicted as a n accessory m a y be pun i shed and the offence of t h e person so counsell ing p rocur ing or command ing howso­ ever indicted m a y be inqui red of t r ied de termined and punished by any Cour t which shall have jur isd ic t ion to t r y t he pr incipal felon in t h e same m a n n e r as if such offence h a d been commit ted a t t h e same place as t h e pr incipal felony a l though such offence m a y have been commit ted e i ther on t h e h igh seas or a t any place on l and whe the r wi thin H i s Majes ty ' s dominions or wi thou t and t h a t in case t h e pr incipal felony shal l have been commit ted wi th in t h e body of any county and t h e offence of counsel l ing p rocur ing or c o m m a n d i n g shal l

have been commi t t ed wi th in t h e body of any other county t h e last

ment ioned offence m a y be inqui red of t r ied de termined a n d pun ished

in e i ther of such counties Provided a lways t h a t no person who shal l be once duly t r ied for any such offence whe the r as a n accessory before t h e fact or as for a subs tan t ive felony shal l be l iable to be again indicted or t r ied for t he same offence.

10. A n d for t h e more effectual prosecut ion of accessories after
t h e fact t o felony be i t enacted Tha t if any person shall become an

accessory after t h e fact t o any felony whe the r t h e same be a felony

a t Common L a w or by v i r tue of any S t a tu t e or S ta tu te s m a d e or to

be m a d e t h e offence of such person m a y be inqui red of t r ied deter­

mined a n d pun ished b y any Cour t which shal l have jur i sd ic t ion to t r y t h e pr incipal felon in t h e same m a n n e r as if t h e act by reason whereof such person shal l have become a n accessory h a d been commi t t ed a t t h e same place as t h e pr inc ipa l felony a l though such act m a y have been commi t t ed e i ther on t h e h igh seas or a t any place on l and whe the r w i th in H i s Majes ty ' s dominions or wi thou t and t h a t in case t h e pr inc ipa l felony shal l have been commi t t ed wi th in t h e body of any county and t h e act by reason whereof any person shall have become accessory shal l have been commit ted wi th in t h e body of any o ther county t h e offence of such accessory m a y be inqui red of t r ied deter­ mined and punished in ei ther of such counties Provided always t h a t no person who shal l be once duly t r ied for any offence of be ing an accessory shal l be l iable to be aga in indicted or t r ied for t h e same offence.

1 1 . A n d in order t h a t all accessories m a y be convicted and

pun ished in cases where t h e pr incipal felon is no t a t t a in ted be it

enac ted T h a t if any pr inc ipa l offender shal l be in anywise convicted of any felony i t shal l be lawful to proceed aga ins t a n y accessory e i ther before or after t h e fact in t he same m a n n e r as if such pr incipal felon h a d been a t t a in t ed thereof no twi th s t and ing such pr incipal felon shal l die or be admi t ted to t h e benefit of clergy or pardoned or o therwise delivered before a t t a inde r and every such accessory shal l suffer t h e same p u n i s h m e n t if he or she be in anywise convicted as he

or she should have suffered if t he pr inc ipa l h a d been a t ta in ted .

12. A n d for t h e more effectual prosecut ion of offences commit­
ted nea r t he boundar ies of counties or pa r t l y in one county and pa r t ly

in ano the r b e i t enacted Tha t where any felony or misdemeanor shal l

be commi t t ed on t h e b o u n d a r y or boundar ies of two or more count ies

or wi th in t h e dis tance of five h u n d r e d ya rds of any such b o u n d a r y or

boundar ies or shal l be b e g u n in one coun ty a n d completed in ano ther every such felony or misdemeanor m a y be deal t wi th inqui red of t r ied de te rmined a n d pun i shed in any of t h e said counties in t h e same

m a n n e r as if i t had been ac tua l ly and whol ly commit ted there in .

1 3 . A n d for t h e m o r e effectual prosecut ion of offences com­

mi t t ed du r ing journ ies from place to place be i t enacted That where any felony or misdemeanor shal l be commit ted on any person or on or in

respec t of any p rope r ty in or u p o n any coach waggon car t or o ther

carr iage wha tever employed in any j o u r n e y or shall be commit ted on any person or on or in respect of any p rope r ty on board any vessel wha tever employed on a n y voyage or j ou rney u p o n any navigable r iver canal or in land navigat ion such felony or misdemeanor m a y be deal t w i t h inqu i red of t r ied de te rmined and pun ished in any county t h r o u g h a n y p a r t whereof such coach waggon car t carr iage or vessel shall have passed in t h e course of t h e j o u r n e y or voyage du r ing which such felony or misdemeanor shall have been commit ted in t h e same m a n n e r as if i t had been ac tual ly commit ted in such county and in all cases where t h e side cent re or o the r p a r t of any h ighway or t h e side

bank cent re or other p a r t of any such r iver canal or naviga t ion shal l

cons t i tu te t he b o u n d a r y of any two counties such felony or misde­

meanor m a y be deal t wi th inqu i red of t r ied de termined a n d pun i shed in e i ther of t h e said counties t h r o u g h or adjoining to or b y t he bounda ry of any pa r t whereof such coach waggon car t carr iage or vessel shal l have passed in t h e course of the jou rney or voyage dur ing which such felony or misdemeanor shall have been commit ted in the same m a n n e r as if i t had been ac tual ly commit ted in such county.

14. A n d in order to remove t h e difficulty of s t a t ing t h e names

of all t h e owners of p roper ty in t h e case of pa r tne r s and other jo in t owners be it enacted Tha t in any ind ic tment or informat ion for any felony or misdemeanor where in it shal l be requis i te t o s ta te t h e ownership of a n y p roper ty whatsoever whe the r real or personal which shall be long to or be in t he possession of more t h a n one person whe the r such persons be p a r t n e r s in t r ade jo in t t enan t s parceners or t enan t s in common i t shall be sufficient to n a m e one of such persons and to s ta te such p roper ty to belong to t he person so n a m e d and ano ther or o thers as t h e case m a y be and whenever in any ind ic tment or inform­ ation for any felony or misdemeanor i t shal l be necessary to ment ion for any purpose whatsoever any pa r tne r s jo in t t enan t s parceners or t enan t s in common i t shall be sufficient t o describe t h e m in t h e m a n n e r aforesaid and th i s provision shall be const rued to ex tend to all

jo in t stock companies and t rus tees .

15 . A n d wi th respect to t h e p roper ty of counties r id ings and divisions bo it enacted Tha t in any ind ic tment or informat ion for any felony or misdemeanor commit ted in upon or w i th respect to any br idge court gaol house of correct ion inf i rmary a sy lum or o ther bu i ld ing erected or ma in ta ined in whole or p a r t a t t h e expense of any coun ty r id ing or division or on or wi th respect to any goods or chat te ls whatsoever provided for or a t t h e expense of any county r id ing or division to be used for m a k i n g a l t e r ing or repa i r ing any br idge or any h ighway a t t h e ends thereof or any cour t or o ther such bui ld ing as aforesaid or to be used in or wi th any such court or o ther bui ld ing it shal l be sufficient to s ta te a n y such p rope r ty rea l or personal to belong to t he inhab i t an t s of such coun ty r id ing or division a n d i t shall not be necessary to specify t h e n a m e s of any

of such inhab i t an t s .

16. A n d w i t h respect to t h e p roper ty of par i shes townships

and hamle t s be i t enacted T h a t in any ind ic tmen t or informat ion for

any felony or misdemeanor commi t t ed in u p o n or w i t h respect t o any workhouse or poorhouse or on or w i th respect to any goods or cha t te l s whatsoever provided for t h e use of t h e poor of any par i sh or par ishes townsh ip or townsh ips h a m l e t or hamle t s place or places or to be used in any workhouse or poorhouse in or be longing to t h e same or by t h e mas t e r or mist ress of such workhouse or poorhouse or by any w o r k m e n or servants employed there in i t shall be sufficient to s ta te any such proper ty to belong to t h e overseers of t h e poor for t he t ime- being of such par i sh or par ishes townsh ip or townships h a m l e t or	hamle t s place or places and i t shal l no t be necessary to specify t he
names of all or any of such overseers and in any ind ic tmen t or
informat ion for a n y felony or misdemeanor commi t t ed on or w i th respect to a n y mate r i a l s tools or implements provided for m a k i n g a l te r ing or r epa i r ing any h ighway wi th in any par i sh township hamle t or place otherwise t h a n by t h e t rus tees or commissioners of a n y t u r n p i k e road it shal l be sufficient t o aver t h a t any such t h i n g s are
t he p roper ty of t h e surveyor or surveyors of t h e h ighways for t h e
t ime-being of such par i sh townsh ip h a m l e t or place a n d i t shal l no t be necessary to specify t h e n a m e or names of any such surveyor or surveyors.

17. A n d with respect to proper ty unde r t u r n p i k e t r u s t s be i t

enacted	T h a t in a n y ind ic tmen t or informat ion for any felony or
misdemeanor	commi t t ed on or wi th respect to any house bu i ld ing
gate machine l a m p board s tone post fence or other t h i n g erected	or

provided in pu r suance of any Ac t of P a r l i a m e n t for m a k i n g any

t u r n p i k e road or any of the conveniences or appur tenances t he reun to

respectively belonging or any mate r ia l s tools or implement s provided

for m a k i n g a l ter ing or repa i r ing any such road i t shal l be sufficient

to

t o s ta te any such p roper ty to belong to t h e t rus tees or commissioners of such road a n d i t shal l no t be necessary to specify t h e names of a n y of such t rus tees or commissioners .

18 . A n d wi th respect t o p roper ty unde r commissioners of

sewers be i t enacted T h a t in any ind ic tmen t or informat ion for any felony or misdemeanor commit ted on or w i th respect t o any sewer or o ther m a t t e r wi th in or unde r t h e view cognizance or m a n a g e m e n t of any commissioners of sewers i t shal l be sufficient to s ta te any such p roper ty to be long to t h e commissioners of sewers wi th in or unde r whose view cognizance or m a n a g e m e n t any such th ings shal l be a n d i t shal l no t be necessary to specify t he names of any of such commis­ sioners.

19 .    A n d for p reven t ing abuses from di latory pleas be i t enacted

T h a t no ind ic tment or informat ion shall be abated by reason of a n y di latory plea of misnomer or of w a n t of addi t ion or of wrong addi t ion of t h e p a r t y offering such plea if t h e Cour t shal l be satisfied by affidavit or otherwise of t he t r u t h of such plea b u t in such case t h e Cour t shal l for thwi th cause t h e ind ic tment or informat ion to be amended according to t h e t r u t h and shall call upon such pa r ty to plead the re to and shal l proceed as if no such di latory plea h a d been pleaded.

20. A n d t h a t t h e p u n i s h m e n t of offenders m a y be less fre­

quen t ly in tercepted in consequence of technical niceties be i t enacted

T h a t no j u d g m e n t upon any ind ic tment or informat ion for any felony or misdemeanor whe the r after verdict or ou t lawry or by confession default or otherwise shal l be s tayed or reversed for w a n t of t h e ave rmen t of any m a t t e r unnecessary to be proved nor for t h e omission of t h e words " as appears by t h e record " or of t h e words " w i th force a n d a r m s " or of t h e words " aga ins t t h e p e a c e " nor for t h e inser t ion of t he words " aga ins t t h e form of t he S t a t u t e " ins tead of t h e words " aga ins t t he form of t h e S ta tu te s " or vice versa no r for t h a t a n y person or persons ment ioned in t h e ind ic tment or informat ion is or a re designated by a n a m e of office or o ther descriptive appel la t ion

ins tead of his he r or the i r proper n a m e or names nor	for	omi t t i ng	to
s t a te t h e t ime a t which t h e offence was commi t t ed	in any	case	where

t i m e is n o t of t h e essence of t h e offence nor for s ta t ing t h e t i m e

imperfect ly nor for s t a t ing t h e offence to have been commit ted on a

day subsequen t to t he finding of t he ind ic tmen t or exh ib i t ing t h e informat ion or on an impossible day or on a day t h a t never happened nor for w a n t of a p roper or perfect venue where t he Cour t shal l

appea r by t he ind ic tment or informat ion to have h a d jur isdic t ion over
t h e	offence.

2 1 . A n d be it fu r ther enacted Tha t no j u d g m e n t after verdict

upon any ind ic tmen t or informat ion for any felony or misdemeanor shal l be s tayed or reversed for w a n t of a s imil i ter no r by reason t h a t t h e j u r y process has been awarded to a w r o n g officer upon an insuffi­ cient suggest ion nor for any misnomer or misdescr ipt ion of t h e officer r e t u r n i n g such process or of any of t h e j u r o r s nor because any person has served upon t h e j u r y who has n o t been r e tu rned as a j u r o r by t h e sheriff or o ther officer and t h a t where t h e offence charged h a s been created by any S t a t u t e or subjected to a grea ter degree of pun i sh ­ m e n t or excluded from t h e benefit of clergy by any S t a tu t e t h e ind ic tment or informat ion shal l after verdict be held sufficient t o w a r r a n t t h e p u n i s h m e n t prescr ibed by t h e S t a tu t e if it describe t h e

offence in t h e words of t h e S ta tu te .

22. A n d wi th regard to t h e p a y m e n t of t he expenses of prose­

cut ions for felony be i t enacted T h a t t he Cour t before which any person shall be prosecuted or t r ied for any felony is hereby author ised and empowered a t t h e reques t of t h e prosecutor or of any other person who shal l appear on recognizance or subpoena to prosecute or

give

give evidence agains t any person accused of any felony to order p a y m e n t u n t o t h e prosecutor of t he costs and expenses which such prosecutor shal l incur in preferr ing t he ind ic tment a n d also p a y m e n t to t h e prosecutor and witnesses for t he prosecut ion of such sums of money as to t he Cour t shal l seem reasonable and sufficient to reim­ bu r se such prosecutor and witnesses for t he expenses t hey shal l have

severally incurred in a t t end ing before the examin ing Magis t r a t e or

Magis t ra tes and the G r a n d J u r y and in otherwise ca r ry ing on such prosecut ion and also to compensate t h e m for thei r t rouble and loss of t ime there in and a l though no bil l of ind ic tment be preferred it shall still be lawful for t he Cour t where any person shall in t he opinion of the Cour t bond fide have a t tended the Cour t in obedience to any such recognizance or subpoena to order p a y m e n t u n t o such person of such s u m of money as to the Cour t shal l seem reasonable and sufficient to r e imburse such person for t he expenses which he or she shal l have bond fide incur red by reason of a t t end ing before t h e examin ing Mag i s t r a t e or Magis t ra tes and by reason of such recognizance or subpoena and also to compensate such person for t roub le and loss of t i m e and the a m o u n t of t h e expenses of a t t end ing before t h e exami­ n i n g Mag i s t r a t e or Magis t ra tes and the compensat ion for t roub le and loss of t ime there in shall be ascer tained by t h e certificate of such Mag i s t r a t e or Magis t ra tes g ran ted before t he t r ia l or a t t endance in

Cour t if such Mag i s t r a t e or Magis t ra tes shall t h ink fit t o g r a n t t he

same and t h e a m o u n t of all t he other expenses and compensat ion shall be ascer ta ined by t h e proper officer of t he Cour t subject nevertheless to t h e regula t ions to be established in t he m a n n e r hereinafter ment ioned.

23. A n d whereas for w a n t of power in the Cour t t o order pay- m e n t of t h e expenses of any prosecut ion for a misdemeanor m a n y individuals a re deterred by the expense from prosecut ing persons gui l ty of misdemeanors who thereby escape t h e p u n i s h m e n t due to the i r offences for remedy thereof be i t enacted T h a t where any prose­ cutor or o ther person shall appear before any Cour t on recognizance or subpoena to prosecute or give evidence aga ins t any person indicted of any assaul t wi th in ten t to commit felony of any a t t e m p t to commit felony of any r iot of any misdemeanor for receiving any stolen pro­ per ty k n o w i n g t h e same to have been stolen of any assaul t u p o n a peace officer in t h e execut ion of his du ty or upon a n y person ac t ing in aid of such officer of any neglect or breach of d u t y as a peace officer of any assaul t commit ted in pu r suance of any conspiracy to raise t he r a t e of wages of knowingly and designedly ob ta in ing any

p rope r ty b y false pre tences of wilful a n d indecent exposure of t he

person of wilful and cor rupt per jury or of suborna t ion of perjury

every such Cour t is hereby authorised and empowered to order pay­ m e n t of t h e costs and expenses of t he prosecutor and witnesses for t h e prosecut ion toge ther wi th a compensat ion for the i r t roub le and loss of t ime in t he same m a n n e r as Cour ts are hereinbefore authorised and empowered to order t h e same in cases of felony and a l though no bill of ind ic tment be preferred i t shall still be lawful for t h e Court where any person shall have bond fide a t tended the Cour t in obedience to any such recognizance to order p a y m e n t of t he expenses of such person together w i th a compensat ion for his or her t rouble and loss of t ime in the same m a n n e r as in cases of felony Provided t h a t in cases of misdemeanor t h e power of order ing the paymen t of expenses a n d compensat ion shall not extend to the a t t endance before the examin ing Mag i s t r a t e .

24. A n d be i t fur ther enacted T h a t every order for p a y m e n t to

a n y prosecutor or other person as aforesaid shall be for thwith m a d e

o u t a n d delivered by the proper officer of t he Cour t u n t o such prose cutor or other person upon being paid for t he same the s u m of one

shilling

K

shi l l ing for the prosecutor and six-pence for each other person and no more a n d except in t he cases hereinafter provided for shall ho m a d e upon the t reasure r of t h e coun ty r id ing or division in which t h e offence shall have been commit ted or shal l be supposed t o have been commit ted who is hereby author ised and required upon s ight of every such order for thwith to pay to t he person named there in or to any one duly authorised to receive t he same on his or her behalf t h e money in such order ment ioned and shall be allowed the same in his accounts .

25. A n d whereas felonies and such misdemeanors as a re herein­ before enumera ted m a y bo commit ted in l ibert ies franchises cities t owns and places which do not cont r ibu te to t h e p a y m e n t of a n y coun ty r a t e some of which raise a r a t e in t h e n a t u r e of a county r a t e and others have nei ther any such r a t e no r any fund applicable to similar purposes and i t is j u s t t h a t such l ibert ies franchises cities towns and places should be charged wi th all costs expenses and com­ pensat ions ordered by v i r tue of th i s Ac t in respect of felonies and such misdemeanors commit ted there in respectively be i t therefore enacted Tha t all sums directed to be paid by v i r tue of th i s Ac t in respect of felonies and of such misdemeanors as aforesaid commit ted or supposed to have been commit ted in such liberties franchises cities towns and places shal l be paid out of t h e r a t e in t he n a t u r e of a county r a t e or out of any fund applicable to similar purposes where the re is such a ra te or fund by t h e t reasurer or other officer hav ing t h e collection or d isbursement of such r a t e or fund and where the re is no such r a t e or fund in such l ibert ies franchises cities towns or places shall be pa id out of t h e r a t e or fund for t he relief of t h e poor of t he par i sh townsh ip district or precinct there in where t h e offence was commit ted or sup­ posed to have been commit ted by t h e overseers or other officers hav ing t h e collection or d isbursement of such las t -ment ioned ra t e or fund a n d the Order of Court shall in every such case be directed to such t reasure r overseers or other officers respectively ins tead of t h e t r easure r of t h e county r id ing or division as t h e case m a y require .

26. A n d for t h e be t te r regula t ion of costs and expenses in t he cases aforesaid and for p reven t ing abuses in respect thereof be i t enacted Tha t i t shall be lawful for t h e Jus t i ces of t he Peace of a n y coun ty r id ing or division or of any l iber ty franchise city town or place chargeable wi th costs and expenses u n d e r t he provision afore­ said in Q u a r t e r Sessions assembled to establ ish and from t ime to t ime

to a l ter such regula t ions as to t h e r a t e of any costs and expenses

thereafter t o be allowed by v i r t ue of th i s Ac t as to t h e m shall seem

j u s t a n d reasonable which regula t ions h a v i n g received t h e approba t ion

a n d s igna tu re of one Jus t i ce of Gaol Del ivery or of Great Sessions for t h e county wherein any such regula t ions shall have been established shall be b ind ing on all persons whatsoever .

27. A n d for enabl ing t h e H i g h Cour t of Admi ra l t y to order

t he paymen t of t h e costs and expenses of prosecutors and witnesses and compensat ion for the i r t roub le and loss Of t ime in cases in which

other Cour ts have a l ike power unde r th i s Act be i t enacted T h a t i t

shall be lawful for t h e J u d g e of t h e said Cour t of A d m i r a l t y in every case of felony and in every case of misdemeanor of t he denomina t ions hereinbefore enumera ted commit ted upon the h igh seas to order t h e Ass i s tan t t o t he Counsel for t he Affairs of t h e Admi ra l t y and N a v y to pay such costs expenses and compensat ion to prosecutors and witnesses in l ike m a n n e r as o ther Cour t s may order t h e Treasurer of t h e Coun ty to pay t h e same and such Ass i s tan t is hereby authorised a n d required upon sight of every such order for thwith to pay to t he person named there in or to any one duly author ised to receive t h e same on his or her behalf t he money in such order ment ioned and shal l be allowed the same in his accounts .

28. A n d for t h e be t te r r emunera t ion of persons who have

been act ive in t he apprehension of cer ta in offenders be i t enacted Tha t where any person shall appear to any Cour t of Oyer and Terminer Gaol Del ivery Superior Cr imina l Cour t of a Coun ty Pa l a t i ne or Cour t of Grea t Sessions to have been active in or towards t he apprehension of any person charged wi th m u r d e r or w i th feloniously and maliciously shoot ing a t or a t t e m p t i n g to discharge any k ind of loaded fire-arms at

any other person or w i th s t abb ing c u t t i n g or poisoning or wi th

adminis te r ing any t h i n g to p rocure t h e miscarr iage of any woman

or wi th rape or w i t h b u r g l a r y or felonious house-breaking or wi th robbery on the person or wi th arson or wi th horse-steal ing bullock- steal ing or sheep-steal ing or w i t h be ing accessory before t h e fact to any of t h e offences aforesaid or wi th receiving any stolen proper ty knowing t h e same to have been stolen every such Cour t is hereby author ised and empowered in any of t h e cases aforesaid to order t he Sheriff of t h e County in which the offence shall have been commit ted to pay to t h e person or persons who shall appear to t he Cour t t o have been act ive in or towards t he apprehension of any person charged with any of the said offences such s u m or sums of money as to t h e Cour t shal l seem reasonable and sufficient t o compensate such person or persons for his he r or the i r expenses exert ions and loss of t ime in or towards such apprehens ion and where any person shal l appear to any Cour t of Sessions of t he Peace to have been active in or towards t h e apprehens ion of any pa r ty charged wi th receiving stolen proper ty knowing t h e same to have been stolen such Cour t shall have power to order compensat ion to such person in t h e same m a n n e r as t h e o ther

Cour t s hereinbefore men t ioned Provided always t h a t no th ing herein

conta ined shall p reven t any of t h e said Cour t s from also al lowing to any such persons if prosecutors or witnesses such costs expenses and compensat ion as Cour t s arc by th is Act empowered to allow to prose­ cu tors and witnesses respectively.

29. A n d be i t fur ther enacted T h a t every order for paymen t

t o any person in respect of such apprehens ion as aforesaid shall be for thwi th m a d e out and delivered by the proper officer of t he Cour t u n t o such person upon be ing paid for t he same t h e s u m of five shi l l ings and no more and the Sheriff of t he County for t h e t ime- be ing is he reby author ised and requi red upon sight of such order fo r thwi th to pay to such person or to any one duly author ised on his or he r behalf t h e money in such order men t ioned and every such Sheriff m a y immedia te ly apply for r epaymen t of t h e same to t h e Commiss ioners of H i s Majesty 's Treasury who u p o n inspect ing

such order toge ther wi th t h e acqui t tance of t h e person ent i t led to

receive t h e money thereon shall for thwi th order r e p a y m e n t to t he

Sheriff	of t h e money so by h i m	paid wi thou t any fee or r eward what ­
soever.

30 . A n d be it fur ther enacted Tha t if any m a n shall h a p p e n to be ki l led in endeavour ing to apprehend any person who shal l be charged wi th any of t h e offences hereinbefore last ment ioned i t shall be lawful for t h e Cour t before w h o m such person shall be t r ied to order t h e Sheriff of t he County to pay to t he widow of t he m a n so killed in case he shal l have been mar r ied or to his child or chi ldren in case his wife shall be dead or to his fa ther or mo the r in case he shall have left ne i the r wife n o r child such sum of money as to t he Cour t in i t s discretion shal l seem mee t and t h e order for p a y m e n t of such money shall be m a d e out and delivered by the proper officer of t he Cour t u n t o the p a r t y ent i t led to receive t he same or u n t o some one on h is or he r behalf to be named in such order by the direction of the Cour t and every such order shall be paid by and repaid to t h e Sheriff

in t he m a n n e r	hereinbefore	ment ioned .
3 1 . A n d whereas t h e prac t ice of indiscr iminate ly es t rea t ing

recognizances for t he appearance of persons to prosecute or give evidence or to answer for a common assaul t or in t he other cases hereinafter specified has been found in m a n y instances product ive of ha rdsh ip to persons who have en te red in to t h e same he i t therefore enacted Tha t in every case where any person hound by recognizance for his or he r appearance or for whose appearance any other person shall he so bound to prosecute or give evidence in any case of felony or misdemeanor or t o answer for any common assaul t or to ar t ic les of t h e peace or t o abide a n order in bas ta rdy shal l the re in m a k e default

t he officer of t he Cour t by w h o m the es t reats are made out shal l and

is hereby requ i red to p repa re a list in wr i t ing specifying t h e n a m e of

every person so m a k i n g default and t h e n a t u r e of t he offence in respect of which every such person or his or her sure ty was so b o u n d toge ther w i th t h e residence t r ade profession or cal l ing of every such person and sure ty and shall in such list d is t inguish t h e pr inc ipa ls from t h e suret ies and shall s ta te t h e cause if k n o w n w h y each such person has no t appeared a n d whe the r b y reason of t he non-appearance of such person t h e ends of jus t ice have been defeated or delayed a n d every such officer shal l a n d is hereby requi red before any such recog­ nizance shall be es t reated to lay such list if a t a Cour t of Oyer and Terminer or Gaol Del ivery in any County besides Middlesex and London or a t a Cour t of Grea t Sessions or a t one of t h e Super ior Cour ts of t h e Count ies Pa l a t i ne before one of t he Jus t i ces of those Cour ts respectively if a t a Cour t where in a Recorder or o ther Corpora te Officer is t h e J u d g e or one of t h e J u d g e s before such Recorder or o ther Corporate Officer and if at a Session of t h e Peace before t h e C h a i r m a n or two other Jus t i ces of t he Peace who shall have a t tended such Cour t who are respect ively au thor i sed and requi red to examine such list a n d to m a k e such order t ouch ing t h e es t rea t ing or p u t t i n g in process of any such recognizance as shall appear to t h e m respectively to be j u s t and i t shall no t be lawful for t he officer of any Cour t to estreat or p u t in process any such recognizance wi thou t t he wr i t t en order of t he J u s t i c e Recorder Corpora te Officer C h a i r m a n or Jus t i ces of t he Peace before w h o m respectively such l ist shal l have been laid.

32. A n d be i t fur ther enacted T h a t from and after t h e com­

mencemen t of th i s A c t so m u c h of a S t a tu t e m a d e a t Wes tmins t e r in

t he t h i r d year of t he re ign of K i n g E d w a r d the F i r s t as provides w h a t pr isoners shal l no t be replevisable and w h a t shal l be so and a

F i f th and so m u c h of a S ta tu te made in t h e n i n t h year of t h e same	S t a tu t e made in t h e seventh year of t h e r e ign of K i n g H e n r y t h e
re ign as re la tes to ind ic tments and appeals laid in a non-exis t ing place and so m u c h of a S t a tu t e made in t h e e igh teen th year of t h e re ign of
K i n g H e n r y t h e S ix th as perpe tua tes t h e said provision of t h e S t a t u t e
las t referred to and so m u c h of a S t a t u t e m a d e in t h e twen ty - th i rd year of t h e same re ign as re la tes to Sheriffs and o ther officers and minis te rs t he re in ment ioned l e t t ing ou t of pr i son u p o n suret ies any
person in custody u p o n ind ic tment and a n A c t passed in t h e first year
of t h e re ign of K i n g R i c h a r d t he Th i rd in t i tu led " An Act for bailing
of persons suspected of felony" and so m u c h of an A c t passed in t h e
t h i r d year of t h e re ign of K i n g H e n r y t h e Seventh in t i tu led " An Act
that Justice of the Peace may take bail" as relates to bail or m a i n -
prize and an A c t passed in t h e twenty-fifth year of t h e re ign of K i n g
H e n r y t h e E i g h t h in t i tu led "An Act for standing mute and peremptory
challenge" and so m u c h of an A c t passed in t h e th i r ty-second year of
t h e same re ign in t i tu led " For the continuation of Acts" as pe rpe tua tes
t h e said las t -ment ioned Ac t and an Ac t passed in t h e second and th i rd
years of t h e re ign of K i n g E d w a r d t h e Sixth in t i tu led "An Act for the trial of murders and felonies in several counties" and an Ac t passed

in

in t h e fifth and s ix th years of t h e same re ign in t i tu led " An Act to " take away the benefit of clergy from such as rob in one shire and fly " into another" and an Ac t passed in t h e first and second years of t h e

re ign of K i n g Ph i l ip and Queen M a r y in t i tu led "An Act appointing

an order to Justices of Peace for the bailment of prisoners" and an

Ac t passed in t he second and th i rd years of t he same re ign in t i tu led

" An Act to take examination of prisoners suspected of manslaughter or

felony" and an Ac t passed in t h e four th year of K i n g W i l l i a m a n d

Queen M a r y in t i tu led " An Act for encouraging the apprehending of

highwaymen" and so m u c h of an A c t passed in the t e n t h and e leventh

years of t h e re ign	of	K i n g W i l l i a m	in t i tu led "An	Act for	the	better
" apprehending	prosecuting	and punishing	of felons	that	commit	bur-

" glary housebreaking or robbery in shops warehouses coach-houses

" or stables or that steal horses" as re la tes to t he certificates the re in ment ioned and so m u c h of an Act passed in t he first year of t h e re ign of Queen A n n e in t i tu led " An Act for punishing of accessories to

"felonies and receivers of stolen goods and to prevent the w i l f u l

" burning and destroying of ships" as relates to accessories and an Ac t

passed in t h e s ix th year of t h e same re ign in t i tu led " An Act for the

encouraging the discovery and apprehending of housebreakers" except t h e special provision affecting t h e Sheriffs and U n d e r Sheriffs of London and Middlesex and an Ac t passed in t he s ix th year of t he re ign of K i n g George the F i r s t in t i tu led " An Act for the further

" preventing robbery burglary and other felonies and for the more

" effectual transportation of felons" a n d so m u c h of a n A c t passed

i n t h e twenty-fif th year of t h e re ign of K i n g George t h e Second

in t i tu led " An Act for the better preventing thefts and robberies

" and for regulating places of public entertainment and punishing

" persons keeping disorderly houses" as relates to paymen t s to prosecutors in cases of felony and so m u c h of a n Ac t passed in t he twen ty-seven th year of t h e same re ign in t i tu led " An Act for the

" better securing	to constables and others the expenses of	conveying
" offenders	to gaol and for allowing the charges of poor persons	bound

" to give evidence against felons" as relates to t h e al lowance of com­ pensa t ion to poor persons appear ing on recognizance to give evidence aga ins t any one accused of felony a n d so m u c h of an A c t passed in t h e e igh teen th year of t h e reign of K i n g George t h e Th i rd in t i tu led " An Act for the payment of costs to parties on complaints determined " before Justices of the Peace out of Sessions for the payment of the " charges of constables in certain cases and for the more effectual " payment of charges to witnesses and prosecutors of any larceny

" or other felony" as relates to p a y m e n t s and allowances to prosecu­ tors and o the r persons appear ing on recognizance or subpoena to give evidence as to any felony and to rules and regula t ions t o u c h i n g t h e costs a n d charges to be allowed to such prosecutors and persons a n d so m u c h of a n A c t passed in t h e for ty- thi rd year of t h e same re ign

in t i tu led " An Act for remedying certain defects in the Laws relative

" to the building and repairing of county bridges and other works

" maintained at the expense of the inhabitants of counties in England" as relates to lay ing t h e proper ty in t h e surveyor of coun ty br idges in any ind ic tment and so m u c h of a n Ac t passed in t h e same year for providing a m o n g o ther t h i n g s for t h e more convenient t r i a l of accessories in felonies as relates to t h e t r ia l of accessories except t h e special provisions the re in contained as to accessories before t h e fact in murde r and an Act passed in t h e fifty-sixth year of t h e same re ign

in t i tu led " An Act for removing difficulties in the conviction of

offenders stealing property from mines" and an A c t passed in t h e

fifty-eighth year of t he same re ign in t i tu led " An Act for repealing

" such parts of several Acts as allow pecuniary and other rewards

" upon

" upon the conviction of persons for highway robbery and other

" crimes and offences and for facilitating the means of prosecuting

"persons accused of felony and other offences''' except so much thereof as relates to disorderly houses and an Ac t passed in t h e fifty- n i n t h year of t h e same re ign in t i tu led " An Act to facilitate the trial

" of felonies committed on board vessels employed on canals

"navigable rivers and inland navigations" and ano the r A c t passed

i n t h e same year in t i tu led " An Act to facilitate the trials of felonies

" committed on stage coaches and stage waggons and other such

" carriages and of felonies committed on the boundaries of counties" a n d a n Act passed in t h e first year of h is present Majesty 's re ign for m a k i n g general t h e provisions of t h e said reci ted Act of t h e fifty-

s ix th year of t h e re ign of K i n g George t h e Thi rd and so m u c h of a n

A c t passed in t h e t h i r d year of t h e present re ign in t i tu led " An Act

"for the further and more adequate punishment of persons convicted

" of manslaughter and of servants convicted of robbing their masters

" and of accessories before the fact to grand larceny and certain

" other felonies" as provides t h a t accessories before t h e fact m a y be indic ted for a misdemeanor and so m u c h of ano ther A c t passed in t h e same year in t i tu led " An Act to amend the general Laics note m being "for regulating turnpike roads in that part of Great Britain called

" England" t h e p roper ty of as relates to s t a t i ng in any ind ic tment any t h i n g s t o be

t h e clerk to t h e t rus tees or commissioners as there in

ment ioned and a n A c t passed in t h e s ix th year of t h e present reign

in t i tu led " An Act to amend two Acts for removing difficulties in the

" conviction of offenders stealing property in mines and from

" corporate bodies " shall be and t h e same are hereby repealed except

so far as any of t h e said Ac t s re la te to Scot land or I r e l a n d or repeal

t h e whole or any p a r t of any o ther A c t s and except as to offences

commi t t ed before t h e pass ing of t h i s A c t which shall be deal t wi th

and pun ished as if t h i s Ac t h a d no t been passed.

ANNO SEPTIMO & OCTAVO GEORGII IV. REGIS .

CAP. XXVII .

An Act for repealing various Statutes in England relative to the
Benefit of Clergy and to Larceny and other Offences con­
nected therewith and to malicious Injuries to Property and to Remedies against the Hundred. [21st June, 1827.]

WH E R E A S it is expedient t o repeal var ious S ta tu tes now in force in t h a t p a r t of t h e U n i t e d K i n g d o m called E n g l a n d relative	t o t h e benefit of clergy A n d i t is also expedient to repeal var ious
S t a tu t e s re lat ive to larceny and o the r offences of s tea l ing a n d t o
bu rg la ry robbery a n d t h r ea t s for t h e purpose of robbery or of
ex tor t ion a n d t o embezzlement false pretences a n d t h e receipt of
stolen p rope r ty in order t h a t t h e provisions conta ined in those
S ta tu te s m a y be amended and consolidated in to one Ac t and i t is also
expedient w i th t h e same view to repeal var ious S ta tu tes re lat ive t o
mal ic ious injuries to p roper ty and also wi th t he same view to repea l
var ious Sta tu tes re lat ive to remedies aga ins t t h e h u n d r e d Be i t therefore
enac ted by t h e K i n g ' s Mos t Excel len t Majesty by and wi th t h e advice and consent of t h e Lords Spir i tual and Tempora l and Commons in th i s present Pa r l i amen t assembled a n d b y t h e au thor i ty of t h e same Tha t so m u c h of a Char te r or S ta tu te made in the n in th year of t he r e ign of K i n g H e n r y the Third commonly called Charla de Forestd as relates to the; p u n i s h m e n t for t a k i n g the K i n g ' s venison and so m u c h of a S ta tu te made
a t Wes tmin i s t e r in t h e th i rd year of t he re ign of K i n g E d w a r d the F i r s t

as

as re la tes to clerks t a k e n for gui l ty of felony and to t respassers in

pa rks a n d ponds and so m u c h of a S ta tu te m a d e a t Wes tmin i s t e r in

t he t h i r t e e n t h year of t h e same re ign as ordains t h a t the towns nea r adjoining shall be dis t ra ined to levy a t the i r own cost a hedge or dyke over thrown and to yield damages and the whole of a S ta tu te m a d e in

t h e same year in t i tu led Statutum Winton except so m u c h thereof

as forbids fairs and m a r k e t s be ing k e p t in churchyards and a

S t a tu t e m a d e in t h e twenty-first year of t h e same re ign in t i tu led

Sta tu tum de Malefactor	Urns in Parcis	and so m u c h of a	S ta tu te
made in the first year of t h e re ign of K i n g E d w a r d	t h e Thi rd	as	re ­

lates to t respasses in t h e K i n g ' s Eorcs ts of ver t and venison and so

much of a S t a tu t e m a d e in t h e twenty-fifth year of t h e same re ign

in t i tu led Ordinatio pro Clero as relates to clerks convicted of t reasons or felonies and to t he a r r a ignmen t of clerks and so m u c h of a S t a tu t e made in the twenty-eighth, year of t he same re ign as relates to m a k i n g cry and fresh sui t a n d to h u n d r e d s and franchises

being answerable as there in ment ioned and so m u c h of a S t a tu t e m a d e

in t he th i r ty - four th year and of ano ther S ta tu te made in t h e th i r ty - seventh year of t he same reign as relates to hawks and so m u c h of a S ta tu te made; in t he e igh th year of the re ign of K i n g H e n r y the Six th as relates to t he offences of s tea l ing t ak ing away wi thdrawing or avoiding of any record or other l ike t i l ing there in ment ioned and so m u c h of a S ta tu te made in t he th i r ty - th i rd year of t h e same re ign as relates to servants t a k i n g and spoil ing t h e goods of the i r mas te r s after the i r death and a n Act passed in t h e first year of t h e re ign of K i n g H e n r y the Seventh in t i tu led " An Act against unlawful hunting

in forests and parks" and an Act passed in t he four th year of t h e

same re ign int i tuled " An Act to take away the benefit of clergy from certain persons " and a n Ac t passed in t he twenty-first year of t he re ign of K i n g H e n r y the E i g h t h in t i tu led " An Act for the punishment

" of such servants	as shall withdraw	themselves and go away with	their
" Masters'	or Mistresses'	caskets and other jewels or goods committed	to

" them in trust to be kept" and an Ac t passed in t h e same year in t i tu led " An Act for restitution to be made of the goods of such as shall be robbed by felons " and a n Ac t passed in the twenty- th i rd year of t h e

same re ign in t i tu led " An Act that no person committing petty treason

murder or felony shall be admitted to his clergy under subdeacon "

and an Ac t passed in the same year in t i tu led " An Act for breaking

of prison by clerks convict" and an Ac t passed in t he thir ty-first

year of t h e same re ign int i tuled " An Act against fishing in

ponds " and an A c t passed in t h e th i r ty - th i rd year of t h e same re ign

in t i tu led " An Act concerning counterfeit letters or privy tokens to receive money or goods in other men's names " a n d an Ac t passed in t he th i r ty - four th and thirty-fifth years of t h e same re ign in t i tu led

" An Act for a certificate of convicts to be made into the King's

Bench " and an A c t passed in t h e thirty-fifth year of t h e same re ign

in t i tu led "An Act for the preservation of woods" and an Ac t passed

in t h e th i r ty - seven th year of t he same re ign in t i tu led " An Act against

burning of frames " and so m u c h of an Ac t passed in t h e same year

in t i tu led "An Act that an indictment lacking these 'words ' Vict Armis ' shall be sufficient in Law " as re la tes to persons s teal ing any horse gelding m a r e foal or filley and so m u c h of an Ac t passed in t h e first year of t h e re ign of K i n g E d w a r d t h e S ix th in t i tu led " An Act for the repeal of certain Statutes concerning treasons felonies etc." as relates to house-breaking robbing horse-steal ing and sacrilege and to t h e allowance of t h e benefit of clergy in any case the re in ment ioned and a n Ac t passed in t he second and th i rd years of t h e same re ign in t i tu led " An Act that no man stealing horse or horses shall enjoy the benefit of his clergy " and an Act passed in t h e fifth and s ix th years

of

of t h e same re ign in t i tu led " An Act that no man robbing any house booth or tent shall not be admitted to the benefit of his clergy " a n d so m u c h of an Ac t passed in t h e four th a n d fifth years of t h e re ign of K i n g Ph i l ip and Queen M a r y in t i tu led " An Act that accessories in murder and dicers felonies shall not have the benefit of clergy " as relates to accessories to any robbery or b u r n i n g the re in ment ioned and an Ac t passed in t h e fifth year of t h e re ign of Queen El izabe th in t i tu led " An Act reviving a Statute made Anno 21 II. 8 touching

servants embezzling their masters' goods" and ano the r A c t passed in

t he same fifth year in t i tu led "An Act for the punishment of unlawful

taking of fish deer or hawks " and an Ac t passed in t h e e igh th

year of t h e same re ign in t i tu led " An Act to take away the benefit of

clergy from certain felonious offenders " and so m u c h of an A c t

passed in t h e t h i r t e e n t h year of t h e same re ign in t i tu led " An Act for

the reviving and continuance of certain Statutes " as a l ters and per­

pe tua te s t h e Ac t of t h e thirty-fif th year of t h e re ign of K i n g H e n r y

t h e E i g h t h hereinbefore reci ted and so m u c h of an A c t passed in

t h e e igh teen th year of t h e re ign of Queen El izabe th in t i tu led " An

" Act to take away clergy from the offenders in rape and burglary and " an order for the delivery of clerks convict without purgation " as re la tes to bu rg l a ry and to persons admi t t ed to t h e benefit of clergy and

a n Ac t passed in t he twenty-seventh year of t he same re ign in t i tu led

"An	Act for the following	of hue and cry"	and an A c t passed in
t h e thir ty-f i rs t year of	t he same re ign in t i tu led " An	Act	against

embezzling of armour habiliments of tear and victual" a n d so m u c h

of an A c t passed in t he same year in t i tu led " An Act to avoid horse­ stealing " as enacts t h a t all accessories to horse-steal ing shal l be deprived of t h e benefit of clergy and a n A c t passed in t h e th i r ty - n i n t h year of t h e same re ign in t i tu led " An Act that no person robbing

" any house in the day-time although no person be therein shall be

" admitted	to have the benefit of his clergy " and an Ac t passed in t h e
for ty- third year of the same re ign in t i tu led " An Act	to avoid and

prevent divers misdemeanors in lewd and idle persons " and an A c t

passed in t h e same year in t i tu led " An Act for the more peaceable

" Government	of the parts of	Cumberland	Northumberland	West-
" moreland	and	the Bishoprick	of Durham"	and so m u c h of an A c t

passed in t h e second year of t he re ign of K i n g J a m e s t h e F i r s t

in t i tu led " An Act for the better execution of the intent and meaning

" of former Statutes made against shooting in guns and for the pre-

" servation of the game of pheasants and partridges and against the

" destroying of hares with hare pipes and tracing hares in the snow"

as re la tes to house doves pigeons a n d deer and an Ac t passed in t h e t h i r d year of t he same re ign in t i tu led " An Act against unlawful hunting and stealing of deer and conies" a n d a n A c t passed in t he seventh year of t he same re ign for t he explana t ion of the last men­ t ioned A c t a n d an A c t passed in t he fifteenth year of the re ign of

K i n g Char les t he Second in t i tu led " An Act for the punishment of

" unlawful cutting or stealing	or spoiling of wood and underwood	and
" destroying	of young Umber trees "	a n d an A c t passed in t he twen ty-

second year of t he same re ign in t i tu led " An Act for taking away	the
" benefit of clergy from such as steal cloth from the rack and	from

" such as shall steal His Majesty's ammunition and stores " and a n

A c t passed in t he twenty-second and twenty- th i rd years of t he same

re ign in t i tu led " An Act to prevent the malicious burning of houses

stacks of corn and hay and killing or maiming of cattle" a n d so

m u c h of an A c t passed in t h e same years in t i tu led " An Act to

" prevent the delivery up of merchant ships and for the increase of " good and serviceable shipping " as relates to t h e wilful dest ruct ion of any ship by any of t he persons belonging to i t as the re in ment ioned

and

a n d a n A c t passed in t h e same years in t i tu led " An Act for the belter

" preservation of the game and for securing warrens not enclosed

" and the several fishings of this realm" so far as relates to all

subjects t he re in men t ioned except t h e appo in tmen t a n d powers of

game-keepers search w a r r a n t s a n d t h e descript ion of persons who a re the reby declared to be persons no t allowed, to have or keep for themselves or any o ther person a n y guns bows greyhounds or o ther an imals or th ings the re in enumera t ed and a n Act passed in t h e th i rd

year of t he re ign of K i n g W i l l i a m and Queen M a r y in t i tu led " An

" Act " others to take away clergy from some offenders and to bring

to punishment" and so m u c h of an A c t passed in t h e

four th year of t h e same re ign in t i tu led " An Act for the more easy " discovery and conviction of such as shall destroy the game of this " Kingdom " as relates to pigeons a n d fish a n d to persons wrongfully

fishing a n d to all i n s t r u m e n t s a n d engines for des t roying or t a k i n g

fish a n d so m u c h of an A c t to t h e b u r n i n g of any gr ig l ing hea th furze goss or fern a n d

passed in t he four th year of t he same re ign

in t i tu led	"An	Act	for	reviving	continuing	and	explaining	several
Laws	therein	mentioned	which	are	expired	and	near	expiring''''

as expla ins t he said reci ted A c t of t h e t h i r d year of t h e same

re ign a n d t h e whole of an A c t passed in t he t e n t h year of

t h e re ign of K i n g W i l l i a m t h e Th i rd in t i tu led " An Act for the

" belter apprehending prosecuting and punishing of felons that

" commit	burglary	house-breaking	or robbery	in	shops	ivarchouses
"coach-houses	or stables	or that	steal	horses''	except	so m u c h

thereof as re la tes to fees for d i scharg ing recognizances a n d d rawing

bil ls of t h e whole of an A c t passed in t h e i nd ic tmen t and to defective bil ls of i nd ic tmen t and

first year of t he re ign of Queen

A n n e in t i tu led " An Act for punishing of accessories to felonies

" and receivers of stolen goods and to prevent the wilful burning and

" destroying of ships " except so m u c h thereof as re la tes to witnesses

on behalf of t he pr isoner u p o n any t r i a l for t reason or felony a n d a n

A c t passed in t he s ix th year of t he same re ign in t i tu led " An Act

"for repealing a Clause in an Act intituled 'An Act for the better

" ' apprehending prosecuting and punishing felons that commit bur-

" ' glaries house-breaking or robberies in shops warehouses coach-houses " ' or stables or that steal horses' " and a n A c t passed in t h e twelf th year of t h e same re ign in t i tu led " An Act for the more effectual pre­

venting and punishing robberies that shall be committed in houses "

a n d so m u c h of an A c t passed in t h e t h i r t e en th year of t he same

re ign in t i tu led " An Act for the preserving	of all such ships and goods
" thereof which shall happen to be forced on shore or stranded	upon

" the coasts of this Kingdom or any other of Her Majesty's dominions " as re la tes to any person upon w h o m any goods stolen or carr ied off from any vessel in distress shal l be found a n d to t h e several offences t ouch ing vessels in distress which are thereby m a d e capi ta l felonies

and so m u c h of a n A c t passed in t h e first year of t he re ign of K i n g

George t h e F i r s t in t i tu led " An Act for preventing tumults and

" riotous assemblies and for the more speedy and effectual punishing " the rioters " as relates to any r io ters demol ishing or pu l l ing down or beg inn ing to demolish or pu l l down any of t he bui ld ings there in ment ioned a n d to t h e l iabil i ty of t h e inhab i t an t s of t h e h u n d r e d ci ty or town in which t h e damage shall be done to yield damages to t he pa r ty injured a n d a n A c t passed in t h e same year in t i tu led " An Act

" to encourage the planting of timber trees fruit trees and other

" trees for ornament shelter or profit and for the better preservation of

" the same and for the preventing the burning of woods " and the whole of an Ac t passed in the four th year of t h e same re ign in t i tu led " An Act for the further preventing robbery burglary and other

L "felonies

"felonies and for the more effectual transportation of felons and

" unlawful exporters of wool and. for declaring the Law upon some

"points relating to pirates " except so m u c h thereof as relates to t h e

t r i a l of p i racy felony or robbery commi t t ed wi th in t h e Admi ra l t y

Ju r i sd ic t ion a n d a n A c t passed in t h e fifth year of t h e same re ign

in t i tu led " An Act for the further	punishment	of such persons	as shall
" unlawfully	kill or destroy deer in parks paddocks	or other	inclosed

" grounds " and a n A c t passed in t he s ix th year of t h e same re ign

in t i tu led " An Act to explain and amend an Act passed in the first

" year of His Majesty's reign intituled ' An Act to encourage the

" 'planting of timber trees fruit trees and other trees for ornament

" 'shelter	or profit and for the better preservation	of the same and for
" ' the preventing	the burning of woods' and for the better	preservation

" of the fences of such woods" and a n A c t passed in t h e n i n t h

year of t he same re ign in t i t u l ed "An Act for the more effectual

" punishing wicked and evil-disposed persons going armed in disguise " and doing injuries and violences to the persons and properties of His " Majesty's subjects and for the more speedy bringing the offenders to "justice" a n d so m u c h of an A c t passed in t h e second year of t h e

re ign of K i n g George t he Second in t i tu led " An Act for the more

" effectual preventing and further punishment of forgery perjury and

" subornation of perjury and to make it felony to steal bonds notes

" or other securities for payment of money " as relates to t h e s tea l ing

or t a k i n g by robbery any orders or other securit ies t he re in enumera ted

a n d a n A c t passed in t h e four th year of t he same re ign in t i t u l ed

" An Act for the more effectual punishing stealers of lead or

"iron bars fixed to houses or any fences belonging thereunto"

a n d a n A c t passed in t h e s ix th year of t he same re ign in­

t i tu led " An Act for making perpetual the several Acts therein

" mentioned for the better regulation of Juries and for empowering the " Justices of Sessions or Assizes for the Counties Palatine of Chester " Lancaster and Durham to appoint a Special Jury in manner therein " mentioned and for continuing the Act for regulating the manufacture " of cloth in the West Riding of the County of York (except a clause " therein contained) and for continuing an Act for the more effectual

" punishing wicked and, evil-disposed persons going armed in disguise and

"for other purposes therein mentioned and to prevent the cutting or

" breaking down the bank of any river or any sea bank and to prevent the " malicious cutting of hop-binds and for continuing an Act made in the " thirteenth and fourteenth years of the reign of King Charles the

" Second for preventing theft and rapine upon the Northern Borders of

" England and for reviving and, continuing certain clauses in two other " Acts made for the same purpose" and an Ac t passed in t h e e igh th

year of t h e re ign of K i n g George t h e Second in t i tu led " An Act for

" the amendment	of the Law relating to Actions on the Statute of Hue
" and, Cry " and an Ac t passed in t h e same year in t i tu led " An	Act

"for rendering the Laws more effectual for punishing such persons as

" shall wilfully and maliciously pull doivn or destroy turnpikes for

" repairing highways or locks or other works erected by Act of Parlia-

" ment for making rivers navigable and, for other purposes therein

" mentioned" and an Act passed in t he t e n t h year of t h e same r e ign

in t i tu led " An Act for continuing an Act for the more effectual

" punishing toicked and evil-disposed persons going armed m disguise " and doing injuries and violences to the persons and properties of His " Majesty's subjects and, for the more speedy bringing the offenders to "justice and for continuing two clauses to prevent the cutting or " breaking down the bank of any river or sea, bank and to prevent the " malicious cutting of hop-binds contained in an Act passed in the sixth " year of his present Majesty's reign and for the more effectual punish-

" ment

" merit of persons removing any materials used for securing marsh or " sea walls or banks and of persons maliciously setting on fire any " mine pit or delph of coal or cannel coal and of persons unlawfully " hunting or taking any red or fallow deer in forests or chases or beating " or wounding keepers or other officers in forests chases or parks

"and for more effectually securing the breed, of wildfowl" except

so m u c h thereof as relates to wild fowl and so m u c h of an A c t passed

in t h e e leventh year of t he same re ign in t i tu led " An Act for punishing

" such persons as shall do injuries and violences to the persons or

"properties	of His Majesty's	subjects	with the intent	to hinder	the
"	exportation	of	corn " as relates to t h e l iabil i ty	of t h e	inhab i t an t s of

hundreds	a n d an Ac t passed in t h e	t h i r t e e n t h	year of t he same re ign
in t i tu led " An Act for further	and more effectually	preventing	the

wilful and malicious destruction of collieries and coal ivories" and

an A c t passed in t h e four teenth year of t h e same re ign in t i tu led

" An Act to render the Laws more effectual for the preventing the

"stealing and destroying of sheep and other cattle" a n d a n Ac t

passed in t h e fifteenth year of t he same re ign in t i tu led " An Act	to
" explain an Act made in the fourteenth	year of the reign of His

" present Majesty intituled ' An Act to render the Laws more effectual

" 'for preventing the stealing and destroying of sheep and, other

" ' cattle' " and an A c t passed in t h e twenty-second year of t h e same

re ign in t i tu led " An Act for remedying inconveniences which may

happen by* proceedings in Actions on the Statute of Hue and Cry " and so m u c h of a n A c t passed in t h e same year for (among o ther purposes) ascer ta in ing the me thod of l evy ing wr i t s of execut ion

aga ins t t h e inhab i t an t s of h u n d r e d s as re la tes to such wri t s and

the proceedings t he r eupon and a n Ac t passed in t h e twenty- four th year

of t h e same re ign in t i tu led " An Act for the more effectual preventing " of robberies and thefts upon any navigable rivers ports of entry or " discharge wharfs and keys adjacent" and an Ac t passed in t h e twenty-fifth year of t h e same re ign in t i tu led " An Act for the more effectual securing mines of black lead from theft and robbery"

Cour t shal l so t h i n k fit) in addi t ion to such impr i sonment .

16. A n d be it enacted T h a t if any pe r son shall unlawful ly maliciously ki l l m a i m or w o u n d any ca t t le every such offender and

shal l be

gui l ty of felony and be ing convicted thereof shal l be l iable a t t h e dis­

cret ion of t h e Cour t t o be t r anspor t ed beyond t h e seas for life or for

any t e r m n o t less t h a n seven years or t o be imprisoned for any t e r m n o t exceeding four years a n d if a male t o be once twice or th r i ce publ ic ly or pr ivate ly whipped (if t h e Cour t shall so t h i n k fit) in

addi t ion to such impr i sonment .

17. A n d be i t enac ted T h a t if any person shal l unlawful ly a n d

maliciously set fire t o any s tack of corn gra in pu lse s t raw hay or wood every such offender shal l be gui l ty of felony a n d being convicted thereof shal l suffer dea th as a felon a n d if a n y person shal l unlawful ly a n d maliciously set fire t o any crop of corn gra in or pulse w h e t h e r s t and ing or cu t down or to any pa r t of a wood coppice or p lan ta t ion of t rees or t o any hea th gorze furze or fern wheresoever t h e same m a y be growing every such offender shal l be gu i l ty of felony and being convicted thereof shal l be l iable a t t h e discret ion of t h e Cour t t o be

t r a n s p o r t e d beyond t h e seas for t h e t e r m of seven years or t o b e impr isoned for any t e r m not exceeding two years a n d if a ma le to be once twice or th r i ce publ ic ly or pr iva te ly whipped (if t h e Cour t shal l

so t h i n k fit) in addit ion to such impr i sonment .

18 . A n d be i t enacted T h a t if any person shal l unlawful ly a n d

maliciously cut or otherwise destroy any hopbinds growing on poles in any p l an t a t ion of hops every such offender shal l be gu i l ty of felony a n d being convicted thereof shal l be l iable a t t h e discret ion of t h e Cour t t o be t r anspor t ed beyond t h e seas for life or for any t e r m n o t less t h a n seven years or t o be impr isoned for any t e r m no t exceeding four years a n d if a male to be once twice or th r ice publ ic ly or pr iva te ly whipped (if t h e Cour t shal l so t h i n k fit) in add i t ion to

such impr i sonment .

19. A n d be it enacted T h a t if any person shall unlawful ly and maliciously cu t b reak ba rk root u p or otherwise destroy or damage t h e whole or any p a r t of any t r ee sapl ing or s h r u b or any underwood respectively g rowing in any p a r k p leasure g round ga rden orchard or avenue or in any a r o u n d adjoining or belonging to any dwell ing-house

every

every such offender (in case t h e a m o u n t of t h e in jury done shal l ex­

ceed t h e s u m of one pound) shal l be gui l ty of felony a n d be ing	con­
victed thereof	shal l be l iable a t t h e discret ion of t h e Cour t to be

t r anspo r t ed beyond t h e seas for t h e t e r m of seven years or to be

impr isoned for any t e r m no t exceeding two years a n d if a ma le to be

once twice or th r ice publ ic ly or pr iva te ly whipped (if t h e Cour t shal l so t h i n k fit) in addi t ion to such impr i sonment a n d if any person shall unlawful ly a n d maliciously cu t b reak b a r k root u p or otherwise destroy or damage t h e whole or a n y pa r t of any t ree sapl ing or sh rub or any underwood respectively growing elsewhere t h a n in any of t h e s i tuat ions hereinbefore men t ioned every such offender (in case t h e a m o u n t of t h e in jury done shal l exceed the s u m of five pounds) shall be gu i l ty of felony and be ing convicted thereof shal l be l iable to any

of t h e p u n i s h m e n t s which t h e Cour t m a y award for t h e felony herein­

before last ment ioned .

20. A n d be i t enacted T h a t if any person shal l unlawful ly and

maliciously cu t b reak b a r k root u p or otherwise destroy or damage t h e whole or any p a r t of any t ree sapl ing or sh rub or any under ­ wood wheresoever t h e same m a y be respectively growing t h e in jury

done be ing to t h e a m o u n t	of	one shi l l ing a t t h e least every	such
offender	be ing convicted	before	a J u s t i c e of t h e Peace shall for t h e
first	offence; forfeit a n d pay over a n d above t h e	a m o u n t of t h e	in jury

done such s u m of money n o t exceeding five pounds as to t h e Jus t i ce shal l seem meet and if any person so convicted shal l af terwards be gu i l ty of any of t h e said offences a n d shal l be convicted thereof in l ike m a n n e r every such offender shal l for such second offence be commi t t ed

to t h e common gaol or house of correct ion t he r e to be kep t to	h a r d
labor for such t e r m no t exceeding twelve calendar m o n t h s as t h e	con­

vic t ing Jus t i ce shal l t h i n k fit and if such second conviction shal l t ake place before two Jus t i ces t hey m a y fur ther order t h e offender if a ma le to be once or twice publ ic ly or pr iva te ly whipped after t h e expira t ion of four days from t h e t ime of such conviction and if any person so twice convicted shal l af terwards commit any of t h e said offences such offender shal l be deemed gui l ty of felony a n d being convicted thereof shal l be l iable to any of t h e p u n i s h m e n t s which t h e Cour t m a y award for t h e felony hereinbefore last ment ioned .

2 1 . A n d be i t enacted T h a t if any person shal l unlawful ly and

maliciously destroy or damage w i t h i n t en t to destroy any p l a n t root frui t or vegetable produc t ion growing in any garden o rchard nu r se ry g r o u n d ho thouse greenhouse or conservatory every such offender

be ing convicted thereof before a Ju s t i ce of t h e Peace shal l a t t h e

discret ion of t h e Jus t i ce ei ther be commi t t ed to t h e common gaol or house of correct ion t he r e to be imprisoned only or t o be imprisoned a n d k e p t t o h a r d labor for any t e r m n o t exceeding six calendar

m o n t h s or else shal l forfeit	and pay over a n d above t h e a m o u n t of t h e
in jury done such s u m of money no t exceeding t w e n t y pounds as	t o

t h e J u s t i c e shal l seem meet and if any person so convicted shal l after­ wards commi t any of t h e said offences such offender shal l be deemed gui l ty of felony a n d being convicted thereof shal l be l iable to any of t h e p u n i s h m e n t s which t h e Cour t m a y award for t h e felony hereinbe­ fore last ment ioned .

22. A n d be i t enacted T h a t if any person shal l unlawful ly a n d

maliciously destroy or damage w i t h in t en t to destroy any cul t ivated root or p lan t used for t h e food of m a n or beast or for medicine or for dis t i l l ing or for dyeing or for or in t h e course of any manufac tu r e and g rowing in any l and open or inclosed no t be ing a ga rden orchard or n u r s e r y g round every such offender be ing convicted thereof before a J u s t i c e of t h e Peace shal l at t h e discretion of t h e Jus t i ce e i ther be commi t t ed to the common gaol or house of correct ion t he r e to be

imprisoned

imprisoned only or to be imprisoned and kept to hard labor for any term not exceeding one calendar month or else shall forfeit and pay over and above the amount of the injury done such sum of money not exceeding twenty shillings as to the Justice shall seem meet and in default of payment thereof together with the costs if ordered shall be committed as aforesaid for any term not exceeding one calendar month unless payment be sooner made and if any person so convicted shall afterwards be guilty of any of the said offences and shall be con­ victed thereof in like manner every such offender shall be committed to the common gaol or house of correction there to be kept to hard labor for such term not exceeding six calendar months as the con­ victing Justice shall think fit and if such subsequent conviction shall take place before two Justices they may further order the offender if a male to be once or twice publicly or privately whipped after the expiration of four days from the time of such conviction.

23. And be it enacted That if any person shall unlawfully and maliciously cut break throw down or in anywise destroy any fence of any description whatsoever or any wall stile or gate or any part thereof respectively every such offender being convicted before a Justice of the Peace shall for the first offence forfeit and pay over and above the amount of the injury done such sum of money not exceeding five pounds as to the Justice shall seem meet and if any person so convicted shall afterwards be guilty of any of the said offences and shall be convicted thereof in like manner every such offender shall be committed to the common gaol or house of correc­ tion there to be kept to hard labor for such term not exceeding twelve calendar months as the convicting Justice shall think fit and if such subsequent conviction shall take place before two Justices they may further order the offender if a male to be once or twice publicly or privately whipped after the expiration of four days from the time of such conviction.

2 4 And be it enacted That if any person shall wilfully or maliciously commit any damage injury or spoil to or upon any real or personal property whatsoever either of a public or private nature for which no remedy or punishment is hereinbefore provided every such person being convicted thereof before a Justice of the Peace shall forfeit and pay such sum of money as shall appear to the Justice to be a reasonable compensation for the damage injury or spoil so com­

mitted not exceeding the sum of five pounds which sum of money shall in the case of private property be paid to the party aggrieved

except where such party shall have been examined in proof of the

offence and in such case or in the case of property of a public nature or wherein any public right is concerned the money shall be applied in such manner as every penalty imposed by a Justice of the Peace under this Act is hereinafter directed to be applied and if such sum of money together with costs (if ordered) shall not be paid either immediately after the conviction or within such period as the Justice shall at the time of the conviction appoint the Justice may commit the offender to the common gaol or house of correction there to be imprisoned only or to be imprisoned and kept to hard labor as the Justice shall think fit for any term not exceeding two calendar months unless such sum and costs be sooner paid Provided always that nothing herein contained shall extend to any case where the party trespassing acted under a fair and reasonable supposition that he had a right to do the act complained of nor to any trespass not being wilful and malicious committed in hunting fishing or in the pursuit of game but that every such trespass shall be punishable in the same manner as before the passing of this Act.

25. And be it enacted That every punishment and forfeiture by this Act imposed on any person maliciously committing any offence whether the same be punishable upon indictment or upon summary conviction shall equally apply and be enforced whether the offence shall be committed from malice conceived against the owner of the property in respect of which it shall bo committed or otherwise.

2G. And be it enacted That in the case of every felony punish­ able under this Act every principal in the second degree and every accessory 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 accessory after the fact to any felony punish­ able under this Act shall on conviction be liable to be imprisoned for any term not exceeding two years and every person who shall aid abet counsel or procure the commission of any misdemeanor punish­ able under this Act shall be liable to be indicted and punished as a principal offender.

27. And be it enacted That where any person shall be con­ victed of any indictable offence punis liable under this Act for which imprisonment may be awarded it shall be lawful for the Court to sen­ tence the offender to be imprisoned or to be imprisoned and kept to hard labor in the common gaol or house of correction and also to direct that 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 labor as to the Court in its discretion shall seem meet.

28. And for the more effectual apprehension of all offenders against this Act be it enacted That any person found committing any offence against this Act whether the same be punishable upon indict­ ment or upon summary conviction may be immediately apprehended without a warrant by any Peace Officer or the owner of the property injured or his servant or any person authorised by him and forthwith taken before some neighbouring Justice of the Peace to be dealt with according to law.
29. And be it enacted That the prosecution for every offence punishable on summary conviction under this Act shall be commenced within three calendar months after the commission of the offence and not otherwise and the evidence of the party aggrieved shall be admitted in proof of the offence and also the evidence of any inhabi­

been committed notwithstanding any forfeiture or penalty incurred by tant of the county riding or division in which the offence shall have	the offence may be payable to the general rate of such county riding
or division.
30. And for the more effectual prosecution of all offences punishable on summary conviction under this Act be it enacted That where any person shall be charged on the oath of a credible witness before any Justice of the Peace with any such offence the Justice may summon the person charged to appear at a time and place to be named in such summons and if he shall not appear accordingly then (upon proof of the due service of the summons upon such person by deliver­ ing the same to him personally or by leaving the same at his usual place of abode) the Justice may either proceed to hear and determine the case cx parte or issue his warrant for apprehending such person and bringing him before himself or some other Justice of the Peace or the Justice before whom the charge shall be made may (if he shall so think fit) without any previous summons (unless where otherwise specially directed) issue such warrant and the Justice before whom the person charged shall appear or be brought shall proceed to hear and determine the case.

31. And be it enacted That where any offence is by this Act punishable on summary conviction either for every time of its com­ mission or for the first and second time only or for the first time only any person who shall aid abet counsel or procure the commission of such offence shall on conviction before a Justice of the Peace be liable for every first second or subsequent offence of aiding abetting coun­ selling or procuring to the same forfeiture and punishment to which a person guilty of a first second or subsequent offence as a principal offender is by this Act made liable.

32. And with regard to the application of all forfeitures and penalties upon summary convictions under this Act be it enacted That every sum of money which shall be forfeited for the amount of any injury done (such amount to be assessed in each case by the convicting Justice) shall be paid to the party aggrieved if known except where such party shall have been examined in proof of the offence and in that case or where the party aggrieved i s unknown such sum shall be applied in the same manner a s a penalty and every sum which shall be imposed as a penalty by any Justice of the Peace whether in addition to such amount or otherwise shall be paid to some one of the overseers of the poor or to some other officer (as the Justice may direct) of the parish township or place in which the offence shall have been com­ mitted to be by such overseer or officer paid over to the use of the general rate of the county riding or division in which such parish township or place shall be situate whether the same shall or shall not contribute to such general rate Provided always that where several persons shall join in the commission of the same offence and shall upon conviction thereof each be adjudged to forfeit a sum equivalent to the amount of the injury done in every such case no further sum shall be paid to the party aggrieved than that which shall be forfeited by one of such offenders only and the corresponding sum or sums forfeited by the other offender or offenders shall be applied in the same manner as any penalty imposed by a Justice of the Peace is hereinbefore directed to b e applied.

33. And be it enacted That in every case of a summary con­ viction under this Act where the sum which shall be forfeited for the amount of the injury done or which shall be imposed as a penalty by the Justice shall not be paid either immediately after the conviction or within such period as the Justice shall at the time of the conviction appoint it shall be lawful for the convicting Justice (unless where

imprisoned and kept to hard labor according to the discretion of the	gaol or house of correction there to be imprisoned only or to be otherwise specially directed) to commit the offender to the common
Justice for any term not exceeding two calendar months where the amount of the sum forfeited or of the penalty imposed or of both (as
t h e case may be) together with the costs shall not exceed five pounds
and for any term not exceeding four calendar months where the amount with costs shall not exceed ten pounds and for any term not exceeding six calendar months in any other case the commitment to b e determinable in each of the cases aforesaid upon payment of the amount and costs.
34. Provided always and be it enacted That where any person shall b e summarily convicted before a Justice of the Peace of any offence against this Act and it shall be a first conviction it shall be lawful for the Justice if he shall so think fit to discharge the offender from his conviction upon his making such satisfaction to the party aggrieved for damages and costs or either of them as shall be ascer­ tained b y the Justice.
35. And be it enacted That it shall be lawful for the King's Majesty to extend His Royal Mercy to any person imprisoned by

virtue

virtue of this Act although he shall he imprisoned for nonpayment of
money to some party other than the Crown.

36. And be it enacted That in case any person convicted of any offence punishable upon summary conviction by virtue of this Act shall have paid the sum adjudged to be paid together with costs under such conviction or shall have received a remission thereof from the Crown or shall have suffered the imprisonment awarded for nonpay­ ment thereof or the imprisonment adjudged in the first instance or shall have been discharged from his conviction in the manner afore­ said in every such case he shall be released from all further or other proceedings for the same cause.

37. And be it enacted That the Justice before whom any person shall be convicted of any offence against this Act may cause the con­ viction to be drawn up in the following form of words or in any other form of words to the same effect as the case shall require videlicet—

" B E it remembered That on the	day of
" in the year of our Lord	at

" in the county of [or riding division liberty city " &c. as the case may be] A. O. is convicted before me J. P . one of " His Majesty's Justices of the Peace for the said county [or riding " &c.] for that he the said A. 0. did [specify the offence and the time " and place when and where the same teas committed as the case may " be and on a second conviction state the first conviction] and I the " said J. P . adjudge the said A. O. for his said offence to be imprisoned

" in the [or to be imprisoned in the

" and there kept to hard labor] for the space of
" or I adjudge the said A. 0. for his said offence to forfeit and pay
" [here state the penalty actually imposed or state
" the penally and also the amount of the injury done as the case may
" be] and also to pay the sum of for costs
" and in default of immediate payment of the said sums to be impri-

" soned in the [or to be imprisoned in

" the and there kept to hard

" labor] for the space of unless the said sums shall " be sooner paid [or and I order that the said sums shall be paid

" by the said A. O. on or before the	day of
" and I direct that the said sum of	[i. e. the penalty

" only] shall be paid to of aforesaid in

" according to the directions of the Statute in that case made and	" which the said offence was committed to lie by him applied
" provided [or that the said sum of [i. e. the

" penalty] shall be paid to &c. \as before] and that the said sum of

" [i. e. the sum for the amount " of the injury done] shall be paid to CD. [the party aggrieved unless " he is unknown or has been examined in proof of the offence in which " case state that fact and dispose of the whole like the penalty as " before] and I order that the said sum of for costs

" shall be paid to [the complainant] Given under

" my hand and seal the day and year first above mentioned."

38. And be it enacted That in all cases where the sum adjudged to be paid on any summary conviction shall exceed five pounds or the imprisonment adjudged shall exceed one calendar month or the conviction shall take place before one Justice only any person who shall think himself aggrieved by any such conviction may appeal to the next Court of General or Quarter Sessions which shall be holden not less than twelve days after the day of such conviction for the county riding or division wherein the cause of complaint shall have arisen provided that such person shall give to the complainant a notice in

writing

writing of such appeal and of the cause and matter thereof within three days after such conviction and seven clear days at the least before such Sessions and shall also either remain in custody until the Sessions or enter into a recognizance with two sufficient sureties before a Justice of the Peace conditioned personally to appear at the said Sessions and to try such appeal and to abide the judgment of the Court thereupon and to pay such costs as shall be by the Court awarded and upon such notice being given and such recognizance being entered into the Justice before whom the same shall be entered into shall liberate such person if in custody and the Court at such Sessions shall hear and determine the matter of the appeal and shall make such order therein with or without costs to either party as to the Court shall seem meet and in case of the dismissal of the appeal or the affirmance of the conviction shall order and adjudge the offender to be punished according to the conviction and to pay such costs as shall be awarded and shall if necessary issue process for enforcing such judgment.

39. And be it enacted That no such conviction or adjudication made on appeal therefrom shall be quashed for want of form or be removed by certiorari or otherwise into any of His Majesty's superior Courts of Record and no warrant of commitment shall be held void by reason of any defect therein provided it be therein alleged that the party has been convicted and there be a good and valid conviction to sustain the same.

40. And be it enacted That every Justice of the Peace before whom any person shall be convicted of any offence against this Act shall transmit the conviction to the next Court of General or Quarter Sessions which shall be holden for the county or place wherein the offence shall have been committed there to be kept by the proper officer among the records of the Court and upon any indictment or information against any person for a subsequent offence a copy of such conviction certified by the proper officer of the Court or proved to be a true copy shall be sufficient evidence to prove a conviction for the former offence and the conviction shall be presumed to have been unappealed against until the contrary be shown.

41. And for the protection of persons acting in the execution of this Act be it enacted That all actions and prosecutions to be commenced against any person for any thing done in pursuance of this Act shall be laid and tried in the county where the fact was committed and shall be commenced within six calendar months after the fact committed and not otherwise and notice in writing of such action	and of the cause thereof shall be given to the defendant one calendar
month at least before the commencement of the action and in any
such action the defendant may plead the general issue and give this Act and the special matter in evidence at any trial to be had thereupon and no plaintiff shall recover in any such action if tender of sufficient amends shall have been made before such action brought or if a suffi­ cient sum of money shall have been paid into Court after such action brought by or on behalf of the defendant and if a verdict shall pass for the defendant or the plaintiff shall become nonsuit or discontinue any such action after issue joined or if upon demurrer or otherwise judgment shall be given against the plaintiff the defendant shall recover his full costs as between attorney and client and have the like remedy for the same as any defendant hath by law in other cases and though a verdict shall be given for the plaintiff in any such action such plaintiff shall not have costs against the defendant unless the Judge before whom the trial shall be shall certify his approbation of the action and of the verdict obtained thereupon.
42. Provided always and be it enacted That nothing in this Act contained shall extend to Scotland or Ireland.

43. And be it enacted That where any felony or misdemeanor punishable under this Act shall be committed within the jurisdiction of the Admiralty of England the same shall be dealt with enquired of tried and determined in the same manner as any other felony or misdemeanor committed within that jurisdiction.