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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

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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 com-
mitted 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 cer- .
tificate containing the substance and effect only (omitting the formal
part) of the indictment and conviction for the previous felony, pur-
porting 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 cer-
tificate 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 coun-
terfeit 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

1828. 25 July, 9 Geo. 4, cap. 74.

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 shail 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

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the due performance of such sentence of transportation accordingly : provided always, that it shall not be lawful for any such court to order the transportation of any person, being a native of the East-Indies and not born of European parents, to the Eastern coast of New South Wales, or any of the islands adjacent thereto.

Persons returning from Transportation. (31) And be it enacted, that if any offender who shall be ordered by any court to be transported for any term of life or years, shall be found within any of the British territories within the limits of the said United Company's charter, except the place to which he shall have been so ordered to be transported, or shall come into any part of this United Kingdom before the end of his term, and shall be convicted thereof, he shall be liable to be punished as a person attainted of felony, and to suffer death accordingly: provided nevertheless, that nothing herein contained shall be construed or taken to prevent his Majesty from extending his royal mercy to any such offender, and allowing his return from such place of transportation. Party whose name is forged shall be a competent Witness in Prosecutions.

(32) And be it enacted, that on any prosecution by indictment or information, either at common law or by virtue of any statute, against any person, for forging or counterfeiting any deed, writing, instrument, or other matter whatsoever, or for uttering any deed, writing, instrument, or other matter whatsoever, knowing the same to be forged or counterfeited, or for being accessory before or after the fact to any such offence, if the same be a felony, or for aiding, abetting, or counselling the commission of any such offence, if the same be a misdemeanor, no person shall be deemed to be an incompetent witness in support of any such prosecution, by reason of any interest which such person may have or be supposed to have in respect of such deed, writing, instrument, or other matter.

Effect of free or conditional Pardon to a Convict. (33) And be it declared and enacted, that where the King's Majesty shall be pleased to extend his royal mercy to any offender convicted of any felony punishable with death or otherwise, and by warrant under his sign manual, countersigned by one of his principal secretaries of state, shall grant to such offender either a free or a conditional pardon, the discharge of such offender out of custody in the case of a free pardon, and the performance of the condition in the case of a conditional pardon, shall have the effect of a pardon under the great seal for such offender as to the felony for which such pardon shall be so granted : provided always, that no free pardon, nor any such discharge in consequence thereof, nor any conditional pardon, nor the performance of the condition thereof, in any of the cases aforesaid, shall prevent or mitigate the punishment to which

the

1828. 25 July, 9 Geo. 4, cap. 74.

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

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