Proviso for guns, traps, &c. set in dwellinghouses, from sunset to sunrise. Not to affect proceedings already com menced. Not to extend to Scotland. fixed such gun, trap, or engine, with such intent as aforesaid. IV. Provided always, and be it further enacted, That nothing in this act shall be deemed or construed to make it a misdemeanor, within the meaning of this act, to set or cause to be set, or to be continued set, from sunset to sunrise, any spring gun, man trap, or other engine which shall be set or caused or continued to be set in a dwelling-house for the protection thereof. V. Provided always, and it is hereby further enacted and declared, That nothing in this act contained shall in any manner affect or authorize any proceedings in any civil or criminal court touching any matter or thing done or committed previous to the passing of this act. VI. Provided always, and be it further enacted, That nothing in this act contained shall extend or be construed to extend to that part of the united kingdom called Scotland. 7 & 8 GEO. IV. c. 27. An Act for repealing various Statutes in England relative to the Benefit of Clergy, and to Larceny and other Offences connected therewith, and to malicious Injuries to Property, and to Remedies against the Hundred. WHEREAS it is expedient to repeal various statutes now in force in that part of the united kingdom called England, relative to the benefit of clergy; and it is also expedient to repeal various. statutes relative to larceny, and other offences of stealing, and to burglary, robbery, and threats for the purpose of robbery or of extortion, and to embezzlement, false pretences, and the receipt of stolen property, in order that the provisions contained in those statutes may be amended and consolidated into one act; and it is also expedient with the same view to repeal various statutes relative to malicious injuries to property; and also with the same view to repeal various statutes relative to remedies against the hundred: be it therefore enacted, by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, That so much of a charter 9 H. 3. st. 2. or statute made in the ninth year of the reign of King Henry the Third, commonly called "Charta de Forestâ," as relates to the punishment for taking the king's venison; and so much of a 3 Ed. 1. c. 2. statute made at Westminster in the third year of c. 10. & 20. the regn n ng Eiwari the First, as relates to #erks taken for* quiity of felony, and to tresJassers n parks and ponds; and so much of a statute made at Vestminster in the thirteenth year of the same reign, as riains that the towns near joining shail e fistrained to levy at their awn cast a ledge or irke overthrown, and to yield 13 E4 1. &. 2. famages; and the whole of a statute made in the same year, ntituled “Statutum Winton," except so much thereof as forbids fairs and markets n Bula.z being kept in church-yards; and a statute made in the twenty-first year of the same reign, inti taled "Statutum de malefactoribus in parcis;" 1 Ed. 3. st. 1. and so much of a statute made in the first year of the reign of King Edward the Third, as relates to trespasses in the king's forests of vert and veni25 Et. 3. 4. 6. son; and so much of a statute made in the twentyfifth year of the same reign, intituled “Ordi natio pro Clero," as relates to clerks convicted of treasons or felonies, and to the arraignment 28 Ed. 3. c. 11. of clerks: and so much of a statute made in the twenty-eighth year of the same reign, as relates 8 H. 6. c. 12. 8. 3. to making cry and fresh suit, and to hundreds and franchises being answerable as therein men34E4.3. c. 22. tioned; and so much of a statute made in the 27 E. 3. &. 19. thirty-fourth year, and of another statute made in the thirty-seventh year of the same reign, as relates to hawks; and so much of a statute made in the eighth year of the reign of King Henry the Sixth, as relates to the offences of stealing, taking away, withdrawing, or avoiding of any record 33 H. 6. e. 1. or other like thing therein mentioned; and so much of a statute made in the thirty-third year of the same reign as relates to servants taking and spoiling the goods of their masters after their death; and an act passed in the first year 1 H 7. c. 7. of the reign of King Henry the Seventh, intituled "An act against unlawful hunting in forests and parks ;" and an act passed in the fourth year of 4 H. 7. c. 13. the same reign, intituled "An act to take away the benefit of clergy from certain persons ;" and 21 H. 8. c. 7. an act passed in the twenty-first year of the reign of King Henry the Eighth, intituled "An act for the punishment of such servants as shall withdraw themselves, and go away with their masters or mistresses caskets and other jewels or goods committed to them in trust to be kept;" and an 21 H. 8. c. 11. act passed in the same year, intituled "An act for restitution to be made of the goods of such as shall be robbed by felons ;" and an act passed 23 H. 8. c. 1. in the twenty-third year of the same reign intituled "An act that no person committing petty treason, murder or felony, shall be admitted to his clergy under subdeacon ;" and an act passed 23 H. 8. c. 11. in the same year, intituled "An act for breaking of prison by clerks convict; and an act passed 31 H. 8. c. 2. in the thirty-first year of the same reign, inti tuled "An act against fishing in ponds ;" and an 33 H. 9. c. 1. act passed in the thirty-third year of the same reign, intituled "An act concerning counterfeit letters, or privy tokens, to receive money or goods in other men's names ;" and an act passed in the 34 & 35 H. 8. thirty-fourth and thirty-fifth years of the same. 14. reign, intituled "An act for a certificate of convicts to be made into the King's Bench;" and an act 35 H. 8. c. 17. passed in the thirty-fifth year of the same reign, s. 2. intituled "An act for the preservation of woods;" 37 H. 8.c. 6. and an act passed in the thirty-seventh year of the same reign, intituled “An act against burning 37 H. 8. c. 8. of frames ;" and so much of an act passed in the same year, intituled "An act that an indictment lacking these words, vi et armis, shall be sufficient in law," as relates to persons stealing any horse, gelding, mare, foal, or filley; 1 Ed. 6. c. 12. 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, etc.," as relates to house-breaking, robbing, horse-stealing, and sacrilege, and to the allowance of the benefit of 2 & 3 E. 6. clergy in any case therein mentioned; and an s. 10, 14. c. 33. c. 9. * Sic. c. 4. act passed in the second and third years of the same reign, intituled "An act that no man stealing horse or horses shall enjoy the benefit of his 5&6 Ed. 6. clergy:" and an act passed in the fifth and sixth years of the same reign, intituled "An act that no man robbing any house, booth, or tent, shall not* 4 & 5 P. & M. be admitted to the benefit of his clergy;" and so much of an act passed in the fourth and fifth years of the reign of King Philip and Queen Mary, intituled "An act that accessories in murder and divers felonies shall not have the benefit of clergy," as relates to accessories to any robbery or burning therein mentioned; and an act passed in the fifth year of the reign of Queen Elizabeth, intituled "An act reviving a statute made anno 21 H. 8. touching servants embezzling their masters 5 Eliz. c. 21. goods ;" and another act passed in the same fifth year, intituled "An act for the punishment of un 5 Eliz. c. 10. |
