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the benefit of clergy before the day hereinbefore mentioned for this act taking effect, or which shall be made punishable with death by this act or by some statute to be passed hereafter.

Felonies not capital how to be punished.

(21) And be it enacted, that every person convicted of any felony not punishable with death, shall be punished in the manner prescribed by the statute or statutes specially relating to such felony; and that every person convicted of any felony for which no punishment hath been or hereafter may be specially provided, shall be deemed to be punishable under this act, and shall be liable, at the discretion of the court, to be transported to such place as such court shall direct, for any term not exceeding 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.

Court may order hard Labour or solitary Confinement.

(22) 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 confinement for any portion, or portions of such imprisonment, or of such imprisonment with hard labour, as to the court in its discretion shall seem meet.

Court may pass a second Sentence, to commence after the Expiration of the first.

(23) And be it enacted, that wherever sentence shall be 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 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, may 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, although the aggregate term of imprisonment or transportation respectively may exceed the term for which either of those punishments could be otherwise awarded.

Punishment for subsequent Felony.

(24) And be it enacted, that if any person shall be convicted of any felony not punishable with death, committed after a previous conviction for felony, such person shall on such subsequent conviction

be

1828.

25 July,

9 Geo. 4,

cap. 74.

1828.

25 July, 9 Geo. 4,

cap. 74.

be liable, at the discretion of the court, to be transported to such place as such court shall direct, for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years, and if a male to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment; and in an indictment for any such felony committed after a previous conviction for felony, it shall be sufficient to state that the offender was at a certain time and place convicted of felony, without otherwise describing the 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 three sicca rupees, 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 person other than such clerk, officer, or deputy, shall sign any such certificate as such clerk, officer, or deputy, or if any person shall utter any such certificate with a false or counterfeit signature thereto, every such offender shall be guilty of felony, and being lawfully convicted thereof, shall be liable, at the discretion of the court, to be transported to such place as the court shall direct, for any term not exceeding 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.

Admiralty Offences.

(25) And be it enacted, that all offences prosecuted in any of his Majesty's Courts of Admiralty shall, upon every first and subsequent conviction, be subject to the same punishments, whether of death or otherwise, as if such offence had been committed upon the land.

Rule for interpreting Criminal Statutes.

(26) And be it enacted, that wherever this or any other statute relating to any offence, whether punishable upon indictment or summary conviction, in describing or referring to the offence or the subject matter thereof, or the offender, or the party affected or intended to be affected by the offence, shall use words importing the singular number or the masculine gender only, yet the statute shall be understood to include several matters as well as one matter, and several persons as well as one person, and females as well as males, and bodies corporate as well as individuals, unless it be otherwise specially provided, or there be something in the subject or context repugnant to such construction; and wherever any forfeiture or penalty is payable

to

to a party aggrieved, it shall be payable to a body corporate in every case where such body shall be the party aggrieved.

Court may abstain from pronouncing Sentence of Death. (27) And be it enacted, that whenever any person shall be convicted of any felony, except murder, for which he shall by law be liable to suffer death, and the court before which such offender shall be convicted shall be of opinion that the particular circumstances of the case do not require that judgment of death should be pronounced, but that such offender is a fit and proper subject either to be recommended to the royal mercy or to be ordered to be transported under the authority of this act, it shall and may be lawful for such court, if it shall think fit so to do, to direct the proper officer then being present in court to require and ask, whereupon such officer shall require and ask, if such offender hath or knoweth any thing to say why judgment of death should not be recorded against such offender; and in case such offender shall not allege any matter or thing sufficient in law to arrest or bar such judgment, the court shall and may, and is hereby authorized to abstain from pronouncing judgment of death upon such offender, and instead of pronouncing such judgment, to order the same to be entered of record, and thereupon such proper officer as aforesaid shall and may and is hereby authorized to enter judgment of death on record against such offender in the usual and accustomed form, and in such and the same manner as is now used, and as if judgment of death had actually been pronounced in open court against such offender by the court before which such offender shall have been convicted.

Record of Judgment to have Effect.

(28) And be it further enacted, that a record of every such judgment so entered as aforesaid shall have the like effect to all intents and purposes, and be followed by all the same consequences, as if such judgment had actually been pronounced in open court, and the offender had been reprieved by the court.

Court may order Capital Offenders to be transported.

(29) And be it enacted, that when any person shall be convicted of any felony for which judgment of death shall be pronounced or recorded against him, it shall and may be lawful for the court, instead of leaving such judgment of death to be executed on such offender, to order such offender to be transported to such place as the court shall direct, either for life or for such term of years as the court shall order.

(30) And be it enacted, that where any offender shall be ordered or sentenced to be transported by any court, the Governor-in-Council of the presidency, or other chief officer of the place where the conviction shall be had, shall and he is hereby required to take order for

the

1828.

25 July, 9 Geo. 4,

cap. 74.

1828. 25 July,

9 Geo. 4,

Plea of not guilty shall put Prisoner on his Trial.

(14) And be it enacted, that if any person, being arraigned upon any indictment or inquisition for treason, felony, or piracy, shall cap. 74. plead thereto a plea of not guilty, he shall by such plea, without any further form, be deemed to have put himself upon the country for trial, and the court shall in the usual manner order a jury for the trial of such person accordingly.

On refusal to plead, Court may order a plea of not guilty.

(15) And be it enacted, that if any person, being arraigned upon or charged with any indictment, inquisition, or information, for treason, felony, piracy, or misdemeanor, shall stand mute, or will not answer directly to such indictment, inquisition, 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.

Challenge of Jury.

(16) And be it enacted, that if any person arraigned upon any indictment or inquisition for any treason, felony, or piracy, shall challenge peremptorily a greater number of the men returned to be of the jury than such person is entitled by law so to challenge in any of the said cases, every peremptory challenge beyond the number allowed by law in any of the said cases shall be entirely void, and the trial of such person shall proceed as if no such challenge had been made.

Another attainder not pleadable.

(17) And be it enacted, that no plea setting forth any attainder shall be pleaded in bar of any indictment, unless the offence stated in the plea be substantially the same offence as that charged in the indictment.

Jury not to inquire of Prisoner's Lands, &c.

(18) And be it enacted, that where any person shall be arraigned upon any indictment or inquisition for treason or felony, the jury impannelled to try such person shall not be charged to inquire concerning his lands, tenements, or goods, nor whether he fled for such treason or felony.

Benefit of Clergy abolished, and what Felonies shall be capital.

(19) And be it enacted, that benefit of clergy with respect to persons convicted of felony shall be abolished.

(20) And be it enacted, that no person convicted of felony shall suffer death, unless it be for some felony which was excluded from

the

the benefit of clergy before the day hereinbefore mentioned for this act taking effect, or which shall be made punishable with death by this act or by some statute to be passed hereafter.

Felonies not capital how to be punished.

(21) And be it enacted, that every person convicted of any felony not punishable with death, shall be punished in the manner prescribed by the statute or statutes specially relating to such felony; and that every person convicted of any felony for which no punishment hath been or hereafter may be specially provided, shall be deemed to be punishable under this act, and shall be liable, at the discretion of the court, to be transported to such place as such court shall direct, for any term not exceeding 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.

Court may order hard Labour or solitary Confinement.

(22) 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 confinement for any portion, or portions of such imprisonment, or of such imprisonment with hard labour, as to the court in its discretion shall seem meet.

Court may pass a second Sentence, to commence after the Expiration of the first.

(23) And be it enacted, that wherever sentence shall be 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 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, may 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, although the aggregate term of imprisonment or transportation respectively may exceed the term for which either of those punishments could be otherwise awarded.

Punishment for subsequent Felony.

(24) And be it enacted, that if any person shall be convicted of any felony not punishable with death, committed after a previous conviction for felony, such person shall on such subsequent conviction

be

1828.

25 July,

9 Geo. 4,

cap. 74.

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