c. 31. 11 H. 6. c. 11. 3 H. 7. c. 2. 3 H. 7. c. 14. 12 H. 7. c. 7. 24 H. 8. c. 5. 66 [Part V. No. XXIII. reign of King Henry the Fifth, as relates to persons fleeing for murders, 9 Geo. IV. manslaughters, robberies, and batteries; and so much of a statute made in the eleventh year of the reign of King Henry the Sixth, as relates to any assault or affray made to any lord, knight of the shire, citizen, or burgess, being and attending at the Parliament or other council of the King; and an Act passed in the third year of the reign of King Henry the Seventh, intituled "An Act against taking away of women against their "wills;" and an Act passed in the same year, intituled "An Act that the "Steward Treasurer and Controller of the King's House, shall enquire of "Offences done within the same;" and an Act passed in the twelfth year of the same reign, intituled "An Act to make some Offences Petty Treason ;" and an Act passed in the twenty-fourth year of the reign of King Henry the Eighth, intituled "An Act where a Man killing a Thief shall 25 H. 8. c. 6. "not forfeit his Goods;" and an Act passed in the twenty-fifth year of the same reign, intituled "An Act for the Punishment of the Vice of 33 H. 8. c. 12. "Buggery;" and so much of an Act passed in the thirty-third year of the Part of s. 6. same reign, intituled "An Act for Murther and malicious Bloodshed, "within the Court," as relates to the punishment of manslaughter and of 33 H. 8. c. 23. malicious striking, by reason whereof blood shall be shed; and an Act passed in the same year, intituled "An Act to proceed by a Commission "of Oyer and Determiner against such Persons as shall confess Treasons "without remanding the same to be tried in the same Shire where the "Offence was committed;" and so much of an Act passed in the first year of the reign of King Edward the Sixth, intituled "An Act for the Repeal "of certain Statutes concerning Treasons Felonies &c.," as relates to petty treason and murder and to bigamists, but nothing therein now in force relating to foreign pleas or dower; and so much of an Act passed in the fifth and sixth years of the same reign, intituled "An Act against quar"relling and fighting in Churches and Churchyards," as relates to the punishment of persons convicted of striking with any weapon, or drawing 4 & 5 P. & M. any weapon with intent to strike as therein mentioned; and an Act passc. 4. to s. 18. 1 Ed. 6. c. 12. s. 10. 13. 16. and 22. 5 & 6 Ed. 6. c. 4. s. 3. c. 8. 5 Eliz. c. 4. S. 21. 5 Eliz. c. 17. 18 Eliz. c. 7. 39 Elizic. 9. ed in the fourth and fifth years of the reign of King Philip and Queen Mary, intituled "An Act that Accessories in Murders and divers Felon4 & 5 P. & M. "ies shall not have the Benefit of Clergy;" and an Act passed in the same years, intituled “An Act for the Punishment of such as shall take away Maidens that be Inheritors, being within the Age of Sixteen Years, "or that marry them without Consent of their Parents;" and so much of an Act passed in the fifth year of the reign of Queen Elizabeth, intituled "An Act touching divers Orders for Artificers, Labourers, Servants of "Husbandry, and Apprentices," as relates to the punishment of any servant workman or labourer making any assault or affray as therein mentioned; and an Act passed in the same year, intituled “An Act for the "Punishment of the Vice of Sodomy" and an Act passed in the eightteenth year of the same reign, intituled "An Act to take away clergy from "the offenders in Rape and Burglary, and an Order for the Delivery of "Clerks convict without Purgation;" and an Act passed in the thirty-ninth year of the same reign, intituled "An Act for taking away of Clergy from "Offenders against a certain Statute made in the Third Year of the Reign "of King Henry the Seventh, concerning the taking away of Women Vulgo 2 J. 1. against their Wills unlawfully ;" and an Act passed in the first year of the reign of King James the First, intituled “An Act to take away the Benefit "of Clergy from some kind of Manslaughter;" and an Act passed in the same year, intituled "An Act to restrain all Persons from Marriage until "their former Wives and former Husbands be dead;" and an Act passed in the twenty-second and twenty-third years of the reign of King Charles the Second, intituled "An Act to prevent malicious Maiming and Wound"ing;" and so much of an Act passed in the same years, intituled " Án "Act to prevent the Delivery up of Merchant Ships, and for the Increase "of good and serviceable Shipping," as relates to any mariner laying violent hands on his commander, as therein mentioned; and so much of an Vulgo 11 & 12 W. 3. Act passed in the eleventh year of the reign of King William the Third, intituled "An Act for the more effectual Suppression of Piracy," as relates to any master of a merchant vessel, who shall force any man on shore, c. 8. Valgo 2 J. 1. c. 11. 22 & 23 C. 2. c. I. 22 & 23 C. 2. c. 11. s. 9. c. 7. s. 18. No. XXIII. 9 Geo. IV. c. 31. or wilfully leave him behind, or refuse to bring home any man as therein mentioned; and so much of an Act passed in the ninth year of the reign of Queen Anne, intituled “An Act for the better preventing of excessive " and deceitful Gaming," as relates to the forfeiture and punishment of any person assaulting and beating or challenging or provoking to fight 9 Ann. c. 14. any other person on account of any money won as therein mentioned; s. 8. and an Act passed in the same year, intituled "An Act to make an at- 9 Ann. c. 16. tempt on the Life of a Privy Councillor in the Execution of his Office 11 G. 2. c. 22. Part of s. 1 and 2. "to be Felony without Benefit of Clergy ;" and so much of an Act passed 12 G. 1. c. 34. in the twelfth year of the reign of King George the First, intituled "An s. 6. "Act to prevent unlawful Combinations of Workmen employed in the "Woollen Manufactures, and for better Payment of their Wages," as creates any felony; and an Act passed in the second year of the reign 2 G. 2. c. 21. of King George the Second, intituled "An Act for the Trial of Murders "in Cases where either the Stroke or Death only happens within that r part of Great Britain called England;" and so much of an Act passed in the eleventh year of the same reign, intituled "An Act for punishing "such Persons as shall do Injuries and Violences to the Persons or Pro66 perties of His Majesty's Subjects, with Intent to hinder the Exportation "of Corn," as relates to any Person who shall beat wound or use any other violence to any person or driver and so much thereof as makes any second offence felony; and so much of an Act passed in the twenty-second 22 G. 2. c. 27, year of the same reign, intituled "An Act for the more effectual prevent- Part of s. 12. "ing of Frauds and Abuses committed by Persons employed in the Manu"facture of Hats, and in the Woollen, Linen, Fustian, Cotton, Iron, "Leather, Fur, Hemp, Flax, Mohair, and Silk Manufactures; and for preventing unlawful Combinations of Journeymen Dyers and Journeymen Hotpressers, and of all Persons employed in the said several Manu"factures, and for the better Payment of their Wages," as extends to the persons therein mentioned that part of the Act of the twelfth year of King George the First which is herein-before referred to; and the whole of 25 G. 2. c. 37. an Act passed in the twenty-fifth of the reign of King George the Second, except s. 9 intituled "An Act for better preventing the horrid Crime of Murder," ex- and 10. cept so far as relates to rescues and attempts to rescue; and so much of 26 G. 2. c. 19. an Act passed in the twenty-sixth year of the same reign, intituled "An s.11. "Act for enforcing the Laws against Persons who steal or detain Ship"wrecked Goods, and for the Relief of Persons suffering Loss thereby," as relates to any person who shall be assaulted beaten and wounded for the exercise of his duty in the salvage of any vessel goods or effects, as therein mentioned; and so much of an Act passed in the thirtieth year 30 G. 3. c. 48. of the reign of King George the Third, intituled "An Act for discontinuing "the Judgment which has been required by Law to be given against Wo"men convicted of certain crimes, and substituting another Judgment in "lieu thereof," as relates to petit treason; and so much of an Act passed in the thirty-third year of the same reign, intituled "An Act for better pre- 33 G. 3. c. 67. "venting offences in obstructing destroying or damaging ships or other ves- s. 2. "sels, and in obstructing seamen, keelmen, casters, and ship carpenters "from pursuing their law ful occupations," as relates to any seaman, keelman, caster, ship carpenter, or other person, who shall prevent, hinder, or obstruct or assault, beat, wound, or do any bodily violence or hurt to any seaman, keelman, caster, or ship carpenter, as therein particularly mentioned; and an Act passed in the thirty-fifth year of the same reign, intituled "An 35 G. 3. c. 67. "Act for rendering more effectual an Act passed in the First Year of the "reign of King James the First, intituled An Act to restrain all Persons "from Marriage until their former Wives and former Husbands be "dead;"" and so much of an Act passed in the thirty-sixth year of the 36 G. 3. c. 9. same reign, intituled "An Act to prevent Obstructions to the free Passage Part of s. 1 "of Grain within the Kingdom," as relates to any person who shall beat aud 2. wound or use any other violence to any person or driver, and so much thereof as makes any second offence felony; and an Act passed in the forty-third year of the same reign, intituled "An Act for the further pre- 43 G. 3. c. 58. "vention of malicious shooting, and attempting to discharge loaded Fire "Arms, stabbing, cutting, wounding, poisoning, and the malicious using No. XXIII. 9 Geo. IV. c. 31. " of Means to procure the Miscarriage of Women, and also the malicious "setting fire to Buildings; and also for repealing a certain Act made in "England, in the Twenty-first Year of the late King James the First, in"tituled An Act to prevent the destroying and murthering of Bastard "Children,' and also an Act made in Ireland, in the Sixth Year of the "Reign of the late Queen Anne, also intituled An Act to prevent the "destroying and murthering of Bastard Children,' and for making other 43 G. 3. c. 113. Provisions in lieu thereof;" and an Act passed in the same fortythird year, intituled "An Act for the more effectually providing for the "Punishment of Offences in wilfully casting away burning or destroying "Ships and Vessels, and for the more convenient Trial of Accessories in "Felonies, and for extending the Powers of an Act made in the Thirty"third Year of the Reign of King Henry the Eighth, as far as relates to 54 G. 3. c. 101. "Murders, to Accessories to Murders, and to Manslaughters;" and an Act passed in the fifty-fourth year of the reign of King George the Third, intituled "An Act for the more effectual Prevention of Child-stealing;" 58 G. 3. c. 38. and so much of an Act passed in the fifty-eighth year of the same reign, ins 1. tituled "An Act to extend and render more effectual the present Regula"tions for the Relief of seafaring Men and Boys, Subjects of the United "Kingdom of Great Britain and Ireland, in Foreign Parts," as relates to the trial of offences against the Act of King William the Third, herein-before mentioned; and so much of an Act passed in the first year of the reign of his present Majesty, intituled "An Act to remove Doubts and to remedy "Defects in the Law, with respect to certain offences committed upon the "Sea or within the Jurisdiction of the Admiralty," as refers to the Act of the forty-third year of the reign of King George the Third, herein1 G. 4. c. 115. before first mentioned; and an Act passed in the same first year, intituled 1 G. 4. c. 90. s. 2. 1 & 2 G. 4. c. 88. 3 G. 4. c. 38. 3 G. 4. c. 114. Commencement of this Act. Petit Treason to be treated in all respects as Murder. Punishment of "An Act to repeal so much of the several Acts passed in the Thirty-ninth "Year of the Reign of Elizabeth, the Fourth of George the First, the Fifth and Eighth of George the Second, as inflicts Capital Punishment on cer"tain Offences therein specified, and to provide more suitable and effec"tual Punishment for such Offences;" and so much of an Act passed in the first and second years of the present reigu, intituled "An Act for the "Amendment of the Law of Rescue," as relates to the offences of assaulting beating and wounding therein mentioned; and an Act passed in the third year of the present reign, intituled "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 be"fore the Fact to Grand Larceny, and certain other Felonies;" and so much of an Act passed in the same year, intituled "An Act to provide "for the more effectual Punishment of certain Offences by Imprisonment "with hard Labour," as relates to any of the assaults therein mentioned; shall continue in force until and throughout the last day of June in the present year, and shall from and after that day, as to that part of the United Kingdom called England, and as to offences committed within the jurisdiction of the admiralty of England, be repealed, except so far as any of the said Acts may repeal the whole or any part of any other Acts, and except as to offences committed before or upon the said last day of June, which shall be dealt with and punished as if this Act had not been passed; and this Act shall commence and take effect (except as is hereinbefore excepted) on the first day of July in the present year. II. And be it enacted, That every offence, which before the commencement of this Act would have amounted to petit treason, shall be deemed to be murder only, and no greater offence; and all persons guilty in respect thereof, whether as principals or as accessories, shall be dealt with, indicted, tried, and punished as principals and accessories in murder. III. And be it enacted, That every person convicted of murder, or of being an accessory before the fact to murder, shall suffer death as a felon; and every accessory after the fact to murder shall be liable, at the discretion of the court, to be transported beyond the seas for life, or to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding four years. No. XXIII. 9 Geo. IV. c. 31. Period of Execution and Marks of In IV. And be it enacted, That every person convicted of murder shall be executed according to law on the day next but one after that on which the sentence shall be passed, unless the same shall happen to be Sunday, and in that case on the Monday following; and the body of every murderer shall, after execution, either be dissected or hung in chains, as to the court shall seem meet; and sentence shall be pronounced immediately after the conviction of every murderer, unless the court shall see reasonable cause for postponing the same; and such sentence shall ex- famy. press not only the usual judgment of death, but also the time hereby ap- Sentence to be pointed for the execution thereof, and that the body of the offender shall pronounced be dissected or hung in chains, whichsoever of the two the court shall immediately. order: Provided always, that after such sentence shall have been pronounced, it shall be lawful for the court or judge to stay the execution respite. thereof, if such court or judge shall so think fit. V. And be it enacted, That whenever dissection shall be ordered by such sentence, the body of the murderer, if executed in the county of Middlesex or city of London, shall be immediately conveyed by the sheriff or sheriffs, or his or their officers, to the hall of the Surgeons' Company, or to such other place as the said company shall appoint, and shall be delivered to such person as the said company shall appoint for the purpose of being dissected; and the body of the murderer, if executed elsewhere, shall in like manner be delivered to such surgeon as the court or judge shall direct, for the same purpose. Power to As to the Dis section of the Bodies of Murderers. Prison Regu lations as to Murderers under Sentence, VI. And be it enacted, That every person convicted of murder shall, after judgment, be confined in some safe place within the prison, apart from all other prisoners, and shall be fed with bread and water only, and with no other food or liquor, except in case of receiving the sacrament, or in case of any sickness or wouud, in which case the surgeon of the prison may order other necessaries to be administered; and no person but the gaoler and his servants, and the chaplain and surgeon of the prison, shall have access to any such convict, without the permission in writing of the court or judge before whom such convict shall have been tried, or of the sheriff or his deputy: Provided always, that in case the court or judge shall think fit to respite the execution of such convict, such court or judge may, by a licence in writing, relax, during the period of the respite, all or any of the restraints or regulations herein-before directed to be observed. VII. And be it enacted, That if any of his Majesty's subjects shall British Subbe charged in England with any murder or manslaughter, or with jects may be being accessory before the fact to any murder, or after the fact to any tried in Engmurder or manslaughter, the same being respectively committed on land land for Murout of the United Kingdom, whether within the King's dominions or with- der or Manslaughter out, it shall be lawful for any justice of the peace of the county or place committed where the person so charged shall be, to take cognizance of the offence so Abroad. charged, and to proceed therein as if the same had been committed within the limits of his ordinary jurisdiction; and if any person so charged shall be committed for trial, or admitted to bail to answer such charge, a commission of oyer and terminer under the Great Seal shall be directed to such persons, and into such county or place as shall be appointed by the Lord Chancellor, or Lord Keeper or Lords Commissioners of the Great Seal, for the speedy trial of any such offender; and such persons shall have full power to enquire of, hear, and determine all such offences, within the county or place limited in their commission, by such good and lawful men of the said county or place as shall be returned before them for that purpose, in the same manner as if the offences had been actually Proviso. committed in the said county or place: Provided always, that if any peers of the realm, or persons entitled to the privilege of peerage, shall be indicted of any such offences, by virtue of any commission to be granted as aforesaid, they shall be tried by their peers in the manner heretofore used: Provided also, that nothing herein contained shall prevent any person from being tried in any place out of this kingdom for any murder or manslaughter committed out of this kingdom, in the same manner as such person might have been tried before the passing of this Act. No. XXIII. 9 Geo. IV. c. 31. VIII. And be it enacted, That where any person, being feloniously stricken, poisoned, or otherwise hurt upon the sea, or at any place out of England, shall die of such stroke poisoning or hurt in England, or being. feloniously stricken poisoned or otherwise hurt at any place in England, shall die of such stroke poisoning or hurt upon the sea, or at any place out of England, every offence committed in respect of any such case, whether the same shall amount to the offence of murder or of manManslaughter, slaughter, or of being accessory before the fact to murder, or after the fact to murder or manslaughter, may be dealt with, enquired of, tried, Death, or the determined, and punished in the county or place in England in which Cause of Death such death, stroke, poisoning, or hurt shall happen, in the same manner, only, happens in all respects, as if such offence had been wholly committed in that in England. county or place. Provision for the Trial of Murder and where the Punishment of IX. And be it enacted, That every person convicted of manslaughter Manslaughter shall be liable, at the discretion of the court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding four years, or to pay such fine as the court shall award. As to Homi X. Provided always, and be it enacted, That no punishment or forcide not felo- feiture shall be incurred by any person who shall kill another by misfortune or in his own defence, or in any other manner without felony. nious. Attempts to Murder, when evidenced by certain Acts, shall be Capital. Shooting at, or stabbing, cutting, or wounding any Person, with Intent to maim, &c. shall be Ca. pital, provided the Case would have been Murder if Death had ensued. Administering Poison or a Woman not XI. And be it enacted, That if any person unlawfully and maliciously shall administer or attempt to administer to any person, or shall cause to be taken by any person, any poison or other destructive thing, or shall unlawfully and maliciously attempt to drown suffocate or strangle any person, or shall unlawfully and maliciously shoot at any person, or shall, by drawing a trigger, or in any other manner, attempt to discharge any kind of loaded arms at any person, or shall unlawfully and maliciously stab cut or wound any person, with intent, in any of the cases aforesaid, to murder such person, every such offender, and every person counselling aiding or abetting such offender, shall be guilty of felony, and being convicted thereof, shall suffer death as a felon. XII. And be it further enacted, That if any person unlawfully and maliciously shall shoot at any person, or shall, by drawing a trigger, or in any other manner, attempt to discharge any kind of loaded arms at any person, or shall unlawfully and maliciously stab cut or wound any person, with intent in any of the cases aforesaid, to main disfigure or disable such person, or to do some other grievous bodily harm to such person, or with intent to resist or prevent the lawful apprehension or detainer of the party so offending, or of any of his accomplices, for any offence for which he or they may respectively be liable by law to be apprehended or detained, every such offender, and every person counselling aiding or abetting such offender, shall be guilty of felony, and being convicted thereof, shall suffer death as a felon: Provided always, that in case it shall appear, on the trial of any person indicted for any of the offences above specified, that such acts of shooting, or of attempting to discharge loaded arms, or of stabbing cutting or wounding as aforesaid, were committed under such circumstances, that if death had ensued therefrom, the same would not in law have amounted to the crime of murder, in every such case the person so indicted shall be acquitted of felony. XIII. And be it enacted, That if any person, with intent to procure the miscarriage of any woman then being quick with child, unlawfully and maliciously shall administer to her, or cause to be taken by her, any poison or other noxious thing, or shall use any instrument or other means whatever with the like intent, every such offender, and every person counselling aiding or abetting such offender, shall be guilty of felony, and being convicted thereof, shall suffer death as a felon; and if any person with intent to procure the miscarriage of any woman not being, or not being proved to be, then quick with child, unlawfully and maliciously shall administer to her, or cause to be taken by her, any medicine or other thing, or shall use any instrument or other means whatever with |
