Courts may fine Provisions to apply to all Justices and Coroners. Plea of Not guilty, without more, shall put the Prisoner on his Trial by Jury. If Prisoner refuse to plead, Court may order Plea of Not guilty to be entered. The King shall only challenge for Cause certain. + Sic. Courts may bid a Juror stand by. as know or declare any thing material touching the said Manslaughter or Murder, or the said Offence of being accessory to Murder, to appear at the next Court of Oyer and Terminer or Gaol Delivery, or other Court at which the Trial is to be, then and there to prosecute or give Evidence against the Party charged; and every such Coroner shall certify and subscribe the same Evidence, and all such Recognizances, and also the Inquisition before him taken, and shall deliver the same to the proper Officer of the Court in which the Trial is to be, before or at the opening of the Court. V. And be it further enacted, That if any Justice or Coroner shall neglect or offend in any thing contrary to the true Intent and Meaning of any of the Provisions of this Act, it shall be lawful for the Court to whose Officer any such Examination, Information, Evidence, Bailment, Recognizance, or Inquisition ought to have been delivered, and such Court is hereby authorized and required, upon Examination and Proof of the Offence, in a summary Manner to set such Fine upon every such Justice or Coroner as the Court shall think meet. VI. And be it further enacted, That the Provisions of this Act relating to Justices and Coroners shall apply to the Justices and Coroners not only of Counties at large, but also of all other Jurisdictions. VII. And be it enacted, That whenever any Person, not having Privilege of Peerage, being arraigned upon any Indictment for Treason, Felony, or Piracy, shall plead thereto a Plea of Not guilty, such Person shall, by such Plea, without any further Form, be deemed to have put himself or herself upon the Country for Trial, and the Court shall, in the usual Manner, order a Jury for the Trial of such Person accordingly. VIII. And be it enacted, That if any Person, being arraigned upon or charged with any Indictment or Information for Treason, Felony, Piracy, or Misdemeanor, shall stand mute of Malice, or will not answer directly to the Indictment or Information, in every such Case it shall be lawful for the Court, if it shall so think fit, to order the proper Officer to enter a Plea of Not guilty on behalf of such Person; and the Plea so entered shall have the same Force and Effect as if such Person had actually pleaded the same. IX. And be it further enacted, That in all Inquests to be taken before any of the Courts in Ireland, wherein the King is a Party, howsoever it be, notwithstanding it be alleged by them that sue for the King that the Jurors of those Inquests, or some of them, be not indifferent for the King, yet such Inquests shall not remain untaken for that Cause; but if they that sue for the King will challenge any of those Jurors, they shall assign of their Challenge a Cause certain, and the Truth of the same Challenge shall be enquired of according to the Custom of the Court; and it shall be proceeded to the taking of the same Inquisitions, as it shall be found, if the Challenges be true or not, after the Discretion of the Court: Provided always, that nothing herein contained shall affect or be construed to affect the Power of any Court in Ireland to order any Juror to stand by until the Pannel shall be gone through, at the Prayer of them that prosecute for the King, as has been heretofore accustomed; and that no Person arraigned for for Treason or Murder, or for other Felony, shall be admitted if to any peremptory Challenge above the Number of Twenty; and Prisoner any Person so arraigned for Treason or Murder, or for other allowed 20 Felony, shall peremptorily challenge more than Twenty, such peremptory Challenges excessive Challenge shall be rejected, and the Jurors so chal- only in Felony. lenged beyond the Number of Twenty shall be sworn on the Inquest, and the Trial shall proceed as if such excessive Challenge had not been made or taken. X. And be it enacted, That no Plea setting forth any Attainder Attainder not shall be pleaded in Bar of any Indictment, unless the Attainder pleadable in be for the same Offence as that charged in the Indictment. Bar. XI. And be it enacted, That where any Person shall be in- Jury shall dicted for Treason or Felony, the Jury impannelled to try such not enquire Person shall not be charged to enquire concerning his Lands, of Prisoner's Tenements, or Goods, nor whether he fled for such Treason or Lands, &c. Felony. XII. And be it enacted, That Benefit of Clergy with respect Benefit of to Persons convicted of Felony shall be abolished; but that Clergy nothing herein contained shall prevent the Joinder in any Indict- abolished. ment of any Counts which might have been joined before the passing of this Act. XIII. And be it enacted, That no Person convicted of Felony What Felonies shall suffer Death, unless it be for some Felony which was ex- only shall be cluded from the Benefit of Clergy before or on the First Day of Capital. the present Session of Parliament, or which hath been or shall be made punishable with Death by some Act passed after that Day. XIV. And be it enacted, That every Person convicted of a Fe- Persons conlony which was not excluded from the Benefit of Clergy before victed of certain or on the First Day of the present Session of Parliament, and Felonies, after Punishment, which hath not been and shall not be made punishable with declared comDeath by any Statute passed after that Day, shall, after having petent suffered the Punishment awarded by the Court upon such Con- Witnesses. viction, be a competent Witness. under the Acts XV. And be it enacted, That every Person convicted of any Felonies, not Felony not punishable with Death shall be punished in the Man- capital, ner prescribed by the Statute or Statutes specially relating to punishable such Felony; and that every Person convicted of any Felony relating thereto, for which no Punishment hath been or hereafter may be spe- or according to cially provided, shall be deemed to be punishable under this Act, this Act, by and shall be liable, at the Discretion of the Court, to be trans- Transportation, ported beyond the Seas for the Term of Seven Years, or to be &c. imprisoned for any Term not exceeding Two Years, and if a Male, to be Once, Twice, or Thrice publicly or privately whipped (if the Court shall so think fit), in addition to such Imprisonment. XVI. And be it enacted, That if any Person heretofore sentenced or ordered, or hereafter to be sentenced or ordered, to be transported, or who shall have agreed or shall agree to transport or banish himself or herself on certain Conditions, either for Life or for any Number of Years, shall be afterwards at large within any Part of the United Kingdom, without some lawful Cause, before the Expiration of his or her Term of Transportation or found, &c. Banishment, every such Offender shall be guilty of Felony, and shall suffer Death as a Felon; and every such Offender may be tried, either in the County or Place where such Offender shall Persons re turning from Transportation punishable with Death as Felons, may be tried where Allegation of Sentence, &c. of Transportation sufficient, without reference to Indictment. Certificate of the Sentence of Transportation by the Clerk of the Court sufficient Evi. dence, &c. The Court may order bard Labour or solitary Confinement as Part of the Sentence of shall be found at large, or in the County or Place at which such Sentence or Order of Transportation or Banishment was passed or made. XVII. And be it enacted, That in any Indictment or Information against any Offender for being found at large contrary to the Provisions of this Act, or of any other Act now in force or hereafter to be in force, whether such Offender shall have been tried before any Court or Judge within or without the United Kingdom, or before any Naval or Military Court Martial, it shall be sufficient to allege the Sentence or Order of Transportation or Banishment of such Offender, without alleging any Indictment, Information, Trial, Conviction, Judgment, or other Proceeding, or any Pardon or Intention of Mercy, or Signification thereof, of or against or in any Manner relating to such Offender. XVIII. And be it enacted, That the Clerk of the Court, or other Officer having the Custody of the Records of the Court where any such Sentence or Order of Transportation or Banishment shall have been passed or made, or his Deputy, shall, at the Request of any Person on behalf of His Majesty, make out and give a Certificate in Writing, signed by him, containing the Effect and Substance only (omitting the formal Part) of any Indictment, Information, and Conviction of such Offender, and of the Sentence or Order for his or her Transportation or Banishment (not taking for the same more than the Sum of Six Shillings and Eight-pence), which Certificate shall be sufficient Evidence of the Conviction and Sentence or Order for the Transportation or Banishment of such Offender; and every such Certificate, if made by the Clerk or Officer of any Court in Ireland, or by his Deputy, shall be received in Evidence upon Proof of the Signature of the Person signing the same; and every such Certificate, if made by the Clerk or Officer of any Court out of Ireland, shall be received in Evidence, if verified by the Seal of the Court, or by the Signature of the Judge or of One of the Judges of such Court, without further Proof. XIX. And be it enacted, That where any Person shall be convicted of any Offence punishable under this Act, for which Imprisonment may be awarded, it shall be lawful for the Court to sentence the Offender to be imprisoned, or to be imprisoned and kept to hard Labour, in the Common Gaol or House of Correction; and also to direct that the Offender shall be kept in solitary Imprisonment. Confinement for the whole or any Portion or Portions of such Imprisonment, or with such Imprisonment with hard Labour, as to the Court in its Discretion shall seem meet. On Conviction Person under Sentence for a former Crime, pass a second XX. And be it enacted, That whenever Sentence shall be of Felony of a passed for Felony on a Person already imprisoned under Sentence for another Crime, it shall be lawful for the Court to award Imprisonment for the subsequent Offence, to commence at the the Court may Expiration of the Imprisonment to which such Person shall have been previously sentenced; and where such Person shall be already under Sentence, either of Imprisonment or of Transportation, the Court, if empowered to pass Sentence of Transportation, award such Sentence for the subsequent Offence, to commence at the Expiration of the Imprisonment or Transportation to which such Person shall have been previously sentenced, al Sentence, to commence after the Expiration of the first. may though i though the aggregate Term of Imprisonment or Transportation Punishment XXI. And Whereas it is expedient to provide for the more exemplary Punishment of Offenders who commit Felony after a ' previous Conviction for Felony, whether such Conviction shall have taken place before or after the Commencement of this Act;' Be it therefore enacted, That if any Person shall be confor Felony victed of any Felony not punishable with Death, committed after (not capital) a previous Conviction for Felony, such Person shall on such sub- committed sequent Conviction be liable, at the Discretion of the Court, to be subsequent to transported beyond the Seas for Life, or for any Term not less a previous Conviction than Seven Years, or to be imprisoned for any Term not exceedfor Felony, ing Four Years, and if a Male, to be Once, Twice, or Thrice Transportation, publicly or privately whipped (if the Court shall so think fit), in &c. addition to such Imprisonment; and in any Indictment for any Form of such Felony committed after a previous Conviction for Felony, it Indictment for shall be sufficient to state, that the Offender was at a certain Time the subsequent and Place convicted of Felony, without otherwise describing the Felony. previous Felony; and a Certificate, containing the Substance and Effect only (omitting the formal Part) of the Indictment and Conviction for the previous Felony, purporting to be signed by the Clerk of the Court or other Officer having the Custody of the Records of the Court where the Offender was first convicted, or by the Deputy of such Clerk or Officer (for which Certificate a Fee of Six Shillings and Eight-pence, and no more, shall be demanded or taken) shall, upon Proof of the Identity of the Person of the Offender, be sufficient Evidence of the first Conviction, without Proof of the Signature or official Character of the Person appearing to have signed the same; and if any Clerk, Officer, or Deputy shall utter any false Certificate of any Indictment and Conviction for a previous Felony, or of any Sentence or Order of Transportation or Banishment, or if any Person, other than such Clerk, Officer, or Deputy, shall sign any such Certificate as such Clerk, Officer or Deputy, or shall utter any such Certificate with a false or counterfeit Signature thereto, every such Offender shall punishable by be guilty of Felony, and being lawfully convicted thereof, shall Transportation. be liable, at the Discretion of the Court, to be transported beyond the Seas for the Term of Seven Years, or to be imprisoned for any Term not exceeding Two Years, and if a Male, to be Once, Twice, or Thrice publicly or privately whipped (if the Court shall so think fit), in addition to such Imprisonment. Proof of the first Conviction by Certificate of Clerk of the Court. Uttering a false Certificate of Convic tion, Felony, XXII. And be it enacted, That all Offences prosecuted in the Admiralty High Court of Admiralty of Ireland shall upon every first and Offences. subsequent Conviction be subject to the same Punishment, whether of Death or otherwise, as if such Offences had been committed upon the Land. substantive XXIII. And, for the more effectual Prosecution of Accessories Accessory before the Fact to Felony, be it enacted, That if any Person shall before the Fact counsel, procure, or command any other Person to commit any may be tried as Felony, whether the same be a Felony at Common Law, or by such, or as a virtue of any Statute or Statutes made or to be made, the Person Felon, by any so counselling, procuring, or commanding, shall be deemed guilty Court which of Felony, and may be indicted and convicted as an Accessory has Jurisdiction before to try the prin cipal Felon, although Offence be committed on the Seas or Abroad. If the Offences be committed in different Counties, Accessory may be tried in either. Accessory after the Fact may Court which has Jurisdiction to try the principal Felon. before the Fact to the principal Felony, either together with the principal Felon, or after the Conviction of the principal Felon ; or may be indicted for and convicted of a substantive Felony, whether the principal Felon shall or shall not have been previously convicted, or shall or shall not be amenable to Justice, and may be punished in the same Manner as an Accessory before the Fact to the same Felony, if convicted as an Accessory, may be punished; and the Offence of the Person so counselling, procuring, or commanding, howsoever indicted, may be enquired of, tried, determined, and punished by any Court which shall have Jurisdiction to try the principal Felon, in the same Manner as if such Offence had been committed at the same Place as the principal Felony, although such Offence may have been committed, either on the High Seas, or at any Place on Land, whether within His Majesty's Dominions or without; and in case the principal Felony shall have been committed within the Body of any County, and the Offence of counselling, procuring, or commanding shall have been committed within the Body of any other County, the lastmentioned Offence may be enquired of, tried, determined, and punished in either of such Counties: Provided always, that no Person who shall be Once duly tried for any such Offence, whether as an Accessory before the Fact, or as for a substantive Felony, shall be liable to be again indicted or tried for the same Offence. XXIV. And for the more effectual Prosecution of Accessories after the Fact to Felony, be it enacted, That if any Person shall be tried by any become an Accessory after the Fact to any Felony, whether the same be a Felony at Common Law, or by virtue of any Statute or Statutes made or to be made, the Offence of such Person may be enquired of, tried, determined, and punished by any Court which shall have Jurisdiction to try the principal Felon, in the same Manner as if the Act by reason whereof such Person shall have become an Accessory had been committed at the same Place as the principal Felony, although such Act may have been committed, either on the High Seas, or at any Place on Land, If the Offences whether within His Majesty's Dominions or without; and that in be committed in different Counties, Accessory may be tried in either. Accessory may be prosecuted after Conviction of the Principal, though the Principal be not attainted, &c. case the principal Felony shall have been committed within the Body of any County, and the Act by reason whereof any Person shall have become Accessory shall have been committed within the Body of any other County, the Offence of such Accessory may be enquired of, tried, determined, and punished in either of such Counties: Provided always, that no Person who shall be Once duly tried of any Offence of being an Accessory shall be liable to be again indicted or tried for the same Offence. XXV. And in order that all Accessories may be convicted and punished in Cases where the principal Felon is not attainted, be it enacted, That if any principal Offender shall be in anywise convicted of any Felony, it shall be lawful to proceed against any Accessory either before or after the Fact, in the same Manner as if such principal Felon had been attainted thereof, notwithstanding such principal Felon shall die, or be pardoned, or otherwise delivered before Attainder; and every such Accessory shall suffer the same Punishment, if such Accessory be in anywise convicted, as such Accessory should have suffered if the Principal had been attainted.. XXVI. And |