Page images
PDF
EPUB

Court may, for all Offences under this Act, order hard Labour or solitary Confinement.

IV. And, with regard to the Place and Mode of Imprisonment for all indictable Offences punishable under this Act, be it enacted, That where any Person shall be convicted of any Felony or Misdemeanor 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 the whole or any Portion or Portions of such Imprisonment, or of such Imprisonment with hard Labour, as to the Court in its Discretion shall seem meet.

Stealing Public or Private Se

curities for Mo

ney, or War

rants for Goods, Felony.

V. And be it enacted, That if any Person shall steal any Tally, Order, or other Security whatsoever, entitling or evidencing the Title of any Person or Body Corporate to any Share or Interest in any Public Stock or Fund, whether of this Kingdom, or of Great Britain or of Ireland, or of any Foreign State, or in any Fund of any Body Corporate, Company, or Society, or to any Deposit in any Savings Bank, or shall steal any Debenture, Deed, Bond, Bill, Note, Warrant, Order, or other Security whatsoever for Money or for Payment of Money, whether of this Kingdom or of any Foreign State, or shall steal any Warrant or Order for the Delivery or Transfer of any Goods or valuable Thing, every such Offender shall be deemed guilty of Felony, of the same Nature and in the same Degree and punishable in the same Manner as if he had stolen any Chattel of like Value with the Share, Interest, or Deposit to which the Security so stolen may relate, or with the Money due on the Security so stolen or secured thereby and remaining unsatisfied, or with the Value of the Goods or other valuable Thing mentioned in the Warrant or Order; and each of the several Documents hereinbefore enumerated shall throughout this Act be deemed for every Purpose to be included under and denoted by the Words "valuable Security."

Robbery.

Stealing from the Person. Demands accompanied with Menaces.

VI. And be it enacted, That if any Person shall rob any other Person of any Chattel, Money, or valuable Security, every such Offender, being convicted thereof, shall suffer Death as a Felon ; and if any Person shall steal any such Property from the Person of another, or shall assault any other Person with Intent to rob him, or shall with Menaces or by Force demand any such Property of any other Person with Intent to steal the same, every such Offender shall be guilty of Felony, and, being convicted thereof, 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 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.

Obtaining Money, &c. by

Threats, to ac

cuse of infamous Crime, deemed Robbery.

VII. And be it declared and enacted, That if any Person shall accuse or threaten to accuse any other Person of any infamous Crime, as hereinafter defined, with a View or Intent to extort or gain from him, and shall by intimidating him by such Accusation or Threat extort or gain from him, any Chattel, Money, or valuable Security, every such Offender shall be deemed guilty of Robbery, and shall be indicted and punished accordingly.

VIII. And

Sending Letters containing

Threats to ac

cuse of infamous

Crimes.

VIII. And be it enacted, That if any Person shall knowingly send or deliver any Letter or Writing, demandiing of any Person, with Menaces, and without any reasonable or probable Cause, any Chattel, Money, or valuable Security; or if any Person shall accuse or threaten to accuse, or shall knowingly send or deliver any Letter or Writing accusing or threatening to accuse, any Person of any Crime punishable by Law with Death, Transportation, or Pillory, or of any Assault with Intent to commit any Rape, or of any Attempt or Endeavour to commit any Rape, or of any infamous Crime, as hereinafter defined, with a View or Intent to extort or gain from such Person any Chattel, Money, or valuable Security; every such Offender shall be guilty of Felony, and, being convicted thereof, 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 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.

What shall be

deemed an in

famous Crime.

IX. And, for defining what shall be an infamous Crime within the Meaning of this Act, be it enacted, That the abominable Crime of Buggery, committed either with Mankind or with Beast, and every Assault with Intent to commit the said abominable Crime, and every Attempt or endeavour to commit the said abominable Crime, and every Solicitation, Persuasion, Promise, or Threat offered or made to any Person, whereby to move or induce such Person to commit or permit the said abominable Crime, shall be deemed to be an infamous Crime within the Meaning of this Act.

Sacrilege.

X. And be it enacted, That if any Person shall break and enter any Church or Chapel, and steal therein any Chattel, or having stolen any Chattel in any Church or Chapel, shall break out of the same, every such Offender, being convicted thereof, shall suffer Death as a Felon.

XI. And be it enacted, That every Person convicted of Burglary.

Burglary shall suffer Death as a Felon; and it is hereby de

[ocr errors]

clared, that if any Person shall enter the Dwelling House of another with

Intent to commit Felony, or being in such Dwelling House shall commit any Felony, and shall in either Case break out of the said Dwelling House, in the Night-time, such Person shall be deemed guilty of Burglary.

House-breaking and stealing in

a House.

XII. And be it enacted, That if any Person shall break and enter any Dwelling House, and steal therein any Chattel, Money, or valuable Security to any Value whatever; or shall steal any such Property to any Value whatever in any Dwelling House, any Person therein being put in fear; or shall steal in any Dwelling House any Chattel, Money, or valuable Security to the Value in the whole of Five Pounds or more; every such Offender, being convicted thereof, shall suffer Death as a Felon.

· XIII. Provided always, and be it enacted, That no Building, although within the same Curtilage with the Dwelling House, and Occupied therewith, shall be deemed to be Part of such Dwelling House for the Purpose of Burglary, or for any of the Purposes

aforesaid,

What Buildings

to be considered

Part of a

House.

aforesaid, unless there shall be a Communication between such Building and Dwelling House, either immediate, or by means of a covered and inclosed Passage leading from the one to the other.

Breaking into any Building within the same Curtilage as the House.

XIV. And be it enacted, That if any Person shall break and enter any Building, and steal therein any Chattel, Money, or valuable Security, such Building being within the Curtilage of a Dwelling House, and occupied therewith, but not being Part thereof according to the Provision herein-before mentioned, every such Offender, being convicted thereof, either upon an Indictment for the same Offence, or upon an Indictment for Burglary, Housebreaking, or stealing to the Value of Five Pounds in a Dwelling House, containing a separate Count for such Offence, 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 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.

Breaking into a Shop, Warehouse, &c.

XV. And be it enacted, That if any Person shall break and enter any Shop, Warehouse, or Counting House, and steal therein any Chattel, Money, or valuable Security, every such Offender, being convicted thereof, shall be liable to any of the Punishments which the Court may award as herein-before last mentioned.

Stealing Goods in Process of Manufacture.

XVI. And be it enacted, That if any Person shall steal, to the Value of Ten Shillings, any Goods or Article of Silk, Woollen, Linen, or Cotton, or of any One or more of those Materials mixed with each other, or mixed with any other Material, whilst laid, placed, or exposed, during any Stage, Process, or Progress of Manufacture, in any Building, Field, or other Place, every such Offender, being convicted thereof, shall be liable to any of the Punishments which the Court may award as herein-before last mentioned.

Stealing Goods from Vessels.

XVII. And be it enacted, That if any Person shall steal any Goods or Merchandize in any Vessel, Barge, or Boat of any Description whatsoever, in any Port of Entry or Discharge, or upon any navigable River or Canal, or in any Creek belonging to or communicating with any such Port, River, or Canal, or shall steal any Goods or Merchandize from any Dock, Wharf, or Quay adjacent to any such Port, River, Canal, or Creek, every such Offender, being convicted thereof, shall be liable to any of the Punishments which the Court may award as herein-before last mentioned.

Plundering shipwrecked Vessels.

XVIII. And be it enacted, That if any Person shall plunder or steal any Part of any Ship or Vessel which shall be in Distress, or wrecked, stranded, or cast on shore, or any Goods, Merchandize, or Articles of any Kind belonging to such Ship or Vessel, every such Offender, being convicted thereof, shall suffer Death as a Felon;

Stealing stranded Ar ticles.

Provided always, that when Articles of small Value shall be stranded or cast on shore, and shall be stolen without Circumstances of Cruelty, Outrage, or Violence, it shall be lawful to prosecute and punish the Offender as for Simple Larceny; and in either Case the Offender may be indicted and tried in the

County

County in which the Offence shall have been committed, or in any County next adjoining.

Unlawful Pos

session of

shipwrecked Goods, punished by Fine.

XIX. And be it enacted, That if any Goods, Merchandize, or Articles of any Kind, belonging to any Ship or Vessel in Distress, or wrecked, stranded, or cast on shore as aforesaid, shall, by virtue of a Search Warrant, to be granted as herein-after mentioned, be found in the Possession of any Person, or on the Premises of any Person with his Knowledge, and such Person, being carried before a Justice of the Peace, shall not satisfy the Justice that he came lawfully by the same, then the same shall, by Order of the Justice, be forthwith delivered over to or for the Use of the rightful Owner thereof; and the Offender, on Conviction of such Offence before the Justice, shall forfeit and pay, over and above the Value of the Goods, Merchandize, or Articles, such Sum of Money, not exceeding Twenty Pounds, as to the Justice shall seem meet.

Shipwrecked
Goods offered

for Sale, may

be seized.

XX. And be it enacted, That if any Person shall offer or expose for Sale any Goods, Merchandize, or Articles whatsoever, which shall have been unlawfully taken, or reasonably suspected so to have been, from any Ship or Vessel in Distress, or wrecked, stranded, or cast on shore as aforesaid, in every such Case any Person to whom the same shall be offered for Sale, or any Officer of the Customs or Excise, or Peace Officer, may lawfully seize the same, and shall with all convenient Speed carry the same, or give Notice of such Seizure, to some Justice of the Peace; and if the Person who shall have offered or exposed the same for Sale, being duly summoned by such Justice, shall not appear and satisfy the Justice that he came lawfully by such Goods, Merchandize, or Articles, then the same shall, by Order of the Justice, be forthwith delivered over to or for the Use of the rightful Owner thereof, upon Payment of a reasonable Reward (to be ascertained by the Justice) to the Person who seized the same; and the Offender, on Conviction of such Offence by the Justice, shall forfeit and pay, over and above the Value of the Goods, Merchandize, or Articles, such Sum of Money, not exceeding Twenty Pounds, as to the Justice shall seem meet.

Stealing Records or Proceedings of

Court of
Justice.

;

XXI. And be it enacted, That if any Person shall steal, or shall for any fraudulent Purpose take from its Place of Deposit for the Time being, or from any Person having the lawful Custody thereof, or shall unlawfully and maliciously obliterate, injure, or destroy, any Record, Writ, Return, Panel, Process, Interrogatory, Deposition, Affidavit, Rule, Order, or Warrant of Attorney, or any original Document whatsoever of or belonging to any Court of Record, or relating to any Matter Civil or Criminal, begun, depending, or terminated in any such Court, or any Bill, Answer, Interrogatory, Deposition, Affidavit, Order, or Decree, or any original Document whatsoever of or belonging to any Court of Equity, or relating to any Cause or Matter begun, depending, or terminated in any such Court, every such Offender shall be guilty of a Misdemeanor, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be transported beyond the Seas for the Term of Seven Years, or to suffer such other Punishment by Fine or Imprisonment, or by both, as the Court shall award; and it shall not in any Indictment for such Offence be necessary to allege that the Article, in respect of which the Offence is committed, is the Property of any Person, or that the same is of any Value.

XXII. And

Stealing Wills.

XXII. And be it enacted, That if any Person shall, either during the Life of the Testator or Testatrix, or after his or her Death, steal, or for any fraudulent Purpose destroy or conceal, any Will, Codicil, or other Testamentary Instrument, whether the same shall relate to Real or Personal Estate, or to both, every such Offender shall be guilty of a Misdemeanor, and, being convicted thereof, shall be liable to any of the Punishments which the Court may award, as herein-before last mentioned; and it shall not in any Indictment for such Offence be necessary to allege that such Will, Codicil, or other Instrument, is the Property of any Person, or that the same is of any Value.

Stealing Writings relating to Real Estate.

XXIII. And be it enacted, That if any Person shall steal any Paper or Parchment, written or printed, or partly written and partly printed, being Evidence of the Title or of any Part of the Title to any Real Estate, every such Offender shall be deemed guilty of a Misdemeanor, and, being convicted thereof, shall be liable to any of the Punishments which the Court may award, as hereinbefore last mentioned; and in any Indictment for such Offence it shall be sufficient to allege the Thing stolen to be Evidence of the Title, or of Part of the Title, of the Person or of some one of the Persons having a present Interest, whether legal or equitable, in the Real Estate to which the same relates, and to mention such Real Estate, or some Part thereof; and it shall not be necessary to allege the Thing stolen to be of any Value.

The Provisions as to Wills and Writings not to lessen any Remedy which the Party aggrieved now

has.

XXIV. Provided always, and be it enacted, That nothing in this Act contained relating to either of the Misdemeanors aforesaid, nor any Proceeding, Conviction, or Judgment to be had or taken thereupon, shall prevent, lessen, or impeach any Remedy at Law or in Equity which any Party aggrieved by any such Offence might or would have had if this Act had not been passed; but nevertheless the Conviction of any such Offender shall not be received in Evidence in any Action at Law or Suit in Equity against him; and no Person shall be liable to be convicted of either of the Misdemeanors aforesaid, by any Evidence whatever, in respect of any Act done by him, if he shall at any Time previously to his being indicted for such Offence have disclosed such Act, on Oath, in consequence of any compulsory Process of any Court of Law or Equity in any Action, Suit, or Proceeding which shall have been bond fide instituted by any Party aggrieved, or if he shall have disclosed the same in Examination or Deposition before any Commissioners of Bankrupt.

Stealing Horses, Cows, and Sheep.

XXV. And be it enacted, That if any Person shall steal any Horse, Mare, Gelding, Colt or Filly, or any Bull, Cow, Ox, Heifer or Calf, or any Ram, Ewe, Sheep or Lamb, or shall wilfully kill any of such Cattle, with Intent to steal the Carcase or Skin or any Part of the Cattle so killed, every such Offender shall be guilty of Felony, and, being convicted thereof, shall suffer Death as a Felon.

Unlawfully coursing, hunting, &c. Deer in any inclosed Part of Forest, &c. Felony.

XXVI. And be it enacted, That if any Person shall unlawfully and wilfully course, hunt, snare, or carry away, or kill or wound, or attempt to kill or wound, any Deer kept or being in the inclosed Part of any Forest, Chase, or Purlieu, or in any inclosed Land wherein Deer shall be usually kept, every such

Offender

[ocr errors]
« PreviousContinue »