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No, XX. subjeets, or any body corporate, that then and in every such case the 43 Geo. III. person or persons so offending, their counsellors, aiders, and abettors,

knowing of and privy to such offence, shall be and are hereby declared to e. 58.

be felons, and shall suffer death as in cases of felony without benefit of

elergy: Provided always, that in case it shall appear on the trial of any When the kill- person or persons indicted for the wilfully, maliciously, and unlawfully ing by such

shooting at any of his Majesty's subjects, or for wilfully, maliciously, and stabbing, &c. unlawfully presenting, pointing, or levelling any kind of loaded fire-arms at is not murder

any of his Majesty's subjects, and attempting, by drawing a trigger, or in by Law, the parties indict- any other manner, to discharge the same at or against his or their person ed under this

or persons, or for the wilfully, maliciously, and unlawfully stabbing or Act shall be cutting any of his Majesty's subjects with such intent as aforesaid, that such acquitted. acts of stabbing or cutting were committed under such circumstances as

that if death had ensued therefrom, the same would not in Law have amounted to the crime of murder, that then and in every such case the person or persons so indicted shall be deemed and taken to be not guilty

of the felonies whereof they shall be so indicted, but be thereof acquitted. Punishment of II. And whereas it may sometimes happen that poison or some other persons admin

other noxious and destructive substance or thing may be given, or other nistering me- means used, with intent to procure miscarriage or abortion where the dicines to wo- woman may not be quick with child at the time, or it may not be men though

proved that she was quick with child;' Be it therefore further enacted, not quick with That if any person or persons, from and after the said first day of July, in child, to proeure miscar.

the said year of our Lord one thousand eight hundred and three, shall riage, felony,

wilfully and maliciously administer to, or cause to be administered to, or punishable by taken by any woman, any medicines, drug or other substance or thing Imprisonment whatsoever, or shall use or employ, or cause or procure to be used or emor transporta- ployed, any instrument or means whatsoever, with intent thereby to cause tion.

or procure the miscarriage of any woman not being, or not being proved to be quick with child at the time of administering such things or using such means, that then and in every such case the person or persons so offending, their counsellors, aiders, and abettors, knowing of and privy to such offence, shall be and are hereby declared to be guilty of felony, and shall be liable to be fined, imprisoned, set in and upon the pillory, publickly or privately whipped, or to suffer one or more of the said punishments, or to be transported beyond

the seas for any term not exceeding fourteen years at the dis

cretion of the Court before which such offender shall be tried and convicted. English Act.

* III. And whereas doubts have been entertained respecting the true 21 Jac. 1. c. 27. 6

sense and meaning of a certain Act of Parliament, made in England in the and

twenty-first year of the reign of his late Majesty King James the first, inti

tuled, An Act to prevent the destroying and murthering of Bastard Children ; Irish Act ' and also of a certain other Act of Parliament, made in Ireland in the 6 Anne, c. 4. sixth year of the reign of her late Majesty Queen Anne, also intituled, repealed. An Act to prevent the destroying and murthering of Bastard Children; and

the same have been found in sundry cases, difficult and inconvenient to

be put in practice;' for remedy whereof, Be it enacted by the authority Trial of women aforesaid, That from and after the first day of July, in the year of our Lord for murder of one thousand eight hundred and three, the said two several Acts, and bastards shall every thing therein contained, shall be, and the same are hereby repealed; proceed as in and that, from and after the said first day of July, in the said year of our other cases of Lord one thousand eight hạndred and three, the trials in England and murder, Ireland respectively of women charged with the murder of any issue of

their bodies, male or female, which being born alive would by Law be bastard, shall proceed and be governed by such and the like rules of evidence and of presumption as are by Law used and allowed to take place in respect to other trials for murder, and as if the said two several Acts had

never been made. Women ac- IV. Provided always, and be it enacted, That it shall and may be lawquitted of such ful for the jury by whose verdict any prisoner charged (1) with such murder

6

(1) This extends to the case of a person

ther it would not be desirable to make the charged with murder by the coroner's inquest, concealment a substantive offence? R. v. Cole, 2 Leach, 4th Edit, 1095,-Q; Whe

as aforesaid shall be acquitted, to find, in case it shall so appear in evi. No. XXII. dence that the prisoner was delivered of issue of her body, male or female, 43 Geo. III. which if born alive would have been bastard, and that she did, by secret

c. 58. burying or otherwise, endeavour to conceal the birth thereof, and thereupon it shall be lawful for the court before which such prisoner shall have been tried, to adjudge that such prisoner shall be committed to the com

in cases of mon gaol or house of correction for any term not exceeding two years.

concealment, be imprisoned.

Murder may,

[ No. XXI.) 59 George III. c. 70.-An Act to repeal cer

tain Acts of the Parliament of Scotland regarding Duelling.--[3d July 1811.]

[ No. XXII.] 6 George IV. c. 126.-An Act to make

Provision in Scotland for the further Prevention of malicious shooting, and attempting to discharge loaded Fire Arms, stabbing, cutting, wounding, poisoning, maiming, disfiguring, and disabling His Majesty's Subjects.[5th July 1825.]

[ No. XXII. ] 9 George IV. c.31.-An Act for consolidat

ing and amending the Statutes in England relative to

Offences against the Person.-[27th June 1828.] WH THEREAS it is expedient to repeal various statutes now in force in No. XXIII.

that part of the United Kingdom called England, relative to offences 9 Geo. IV. against the person, in order that the provisions contained in those statutes

c. 31. may be amended and consolidated into this Act; 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 Cominons, in this present Parliament assembled, and by the authority of the same, That so much of the Repeal of great charter made in the ninth year of the reign of King Henry the Third, 9 H. 3. c. 26. as relates to inquisitions of life or member; and so much of a statute masle 52 H. 3. c. 25. in the fifty-second year of the same reign, as relates to murder; and so 3 Ed. 1. c. 11 much of a statute made in the third year of the reign of King Eduard the and 13. First, as relates to inquests of murder, and the writ of Odio el atiá, and to any person ravishing or taking away by force any female as therein mentioned; and so much of a statute made in the fourth year of the same 4 Ed. 1. st. 3. reign, intituled “ The Statute of Bigamy," as relates to bigamists; and c. 5. so much of a statute made in the sixth year of the same reign, as 6 Ed. 1. c. 9. relates to any person killing another by misfortune or in his own defence, or in other manner without felony; and so much of a statute made 13 Ed. 1. st. 1. at Westminster in the thirteenth year of the same reign, as relates to c. 29 and 34. the writ of Odio et utiá and to rape ; and so much of a statute made in 9 Ed. 2. st. 1. the ninth year of the reign of King Edward the Second, commonly called c. 3. “ Articuli Cleri,” as relates to laying violent hands on a clerk; and so 18 Ed. 3. st. 3. much of a statute made in the eighteenth year of the reign of King Ed- c. 2. ward the Third, as relates to bigamists; and so much of a statute nade in 25 Ed. 3. st. 5. the twenty-fifth year of the same reign, as relates to petit treason; and so Part of c. 2. much of a statute made in the fiftie ih year of the same reign, as relates 50 Ed. 3. c. 5. to the arrest of persons of holy church ; and so inuch of a statule made in 1 Ric. 2. c. 15. the first year of the reign of King Richard the Second, as relates 10 the 6 Ric. 2. st. 1. like arrests; and so much of a staiute made in the sixth year of the same reign, as relates to ravishers, and to women ravished; and so much of a 5 H. 4. c. 5. statute made in the fifth year of the reign of King Henry the Fourth, as relates to cutting the tongues or putting out the eyes of any of the King's liege people, and to any assault upon the servant of a knight of the shire 5 H. 4.c.6. in Parliament; and so much of a statule made in the second year of the 2 H.5. st. 1.

C, 6.

* P

Vol. V,

c. 9,

c. 31.

No. XXIII. reign of King Henry the Fifth, as relates to persons fleeing for murders, 9 Geo. IV. manslaughters, robberies, and batteries; and so much of a statute madé

in the eleventh year of the reign of King Henry the Sixth, as relates to

any assault or affray made to any lord, knight of the shire, citizen, or 11 H. 6. c. 11. burgess, being and attending at the Parliament or other council of the

King; and an Act passed in the third year of the reign of King Henry the 3 H. 7. c. 2. Seventh, intituled • An Act against taking away of women against their 3 H. 7, c. 14. “ wills ;” and an Act passed in the same year, intituled “An Act that the

“ Steward Treasurer and Controller of the King's House, shall enquire of J2 H. 7. c. 7. “ Offences done within the same;" and an Act passed in the twelfth year

of the same reign, intituled “An Act to make some Offences Petty Trea24 H. 8. c. 5. “son;" and an Act passed in the twenty-fourth year of the reign of King

Henry the Eighth, intituled “An Act where a Man killing a Thief shall 25 H. 8. c. 6. not forfeit his Gouds;" and an Act passed in the twenty-fifth year of

the same reign, intituled " An Act for the Punishment of the Vice of 33 H. 8. c. 12. “ Buggery;" and so much of an Act passed in the thirty-third year of the Part of s. 6. same reign, intituled “An Act for Murther and malicious Bloodshed, to s. 18.

“ within the Court," as relates to the punishment of manslaughter and of 33 H. 8. c. 23. malicious striking, by reason whereof blood shall be shed; and an Act

passed in the same year, intituled “ An Act to proceed by a Commission « of Oyer and Determiner against such Persons as shall confess Treasons

“ without remanding the same to be tried in the same Shire where the 1 Ed. 6. c. 12. “ Offence was committed ;" and so much of an Act passed in the first year s. 10. 13, 16.

of the reign of King Edward the Sixth, intituled “ An Act for the Repeal and 22.

“of certain Statutes concerning Treasons Felonies &c.," as relates to petty

treason and murder and to bigamists, but nothing therein now in force 5 & 6 Ed. 6. relating to foreign pleas or dower; and so much of an Act passed in the c. 4, s. 3. fifth and sixth years of the same reign, intituled “ An Act against quar

“ relling and fighting in Churches and Churchyards," as relates to the

punishment of persons convicted of striking with any weapon, or drawing 4 & 5 P. & M, any weapon with intent to strike as therein mentioned ; and an Act passc. 4.

ed in the fourth and fisth years of the reign of King Philip and Queen

Mary, intituled “An Act that Accessories in Murders and divers Felon4 & 5 P. & M. “jes shall not have the Benefit of Clergy;" and an Act passed in the

same years, intituled “ An Act for the Punishment of such as shall take

away Maidens that be Inheritors, being within the Age of Sixteen Years, 5 Eliz. c. 4. or that marry them without Consent of their Parents;" and so much of

an Act passed in the fifth year of the reign of Queen Elizabeth, intituled “ An Act touching divers Orders for Artificers, Labourers, Servants of “ Husbandry, and Apprentices," as relates to the punishment of any ser

vant workman or labourer making any assault or affray as therein men5 Eliz. c. 17. tioned; and an Act passed in the same year, intituled: An Act for the 18 Eliz, c. 7. “ Punishment of the Vice of Sodumy;" and an Act passed in the eight

teenth year of the same reign, intituled “An Act to take away clergy from

" the offenders in Rape and Burglary, and an Order for Delivery of 39 Eliz. c. 9. “ Clerks convict without Purgation;" and an Act passed in the thirty-ninth

year of the same reign, intituled “An Act for taking away of Clergy from * Offenders against a certain Statute made in the Third Year of the Reign

“of King Henry the Seventh, concerning the taking away of Women Vulgo 2 J. 1. against their Wills unlawfully;" and an Act passed in the first year of the

reign of King James the First, intituled “ An Act to take away the Benefit Valgo 2 J. I. " of Clergy from some kind of Manslaughter;" and an Act passed in the

same year, intituled “ An Act to re-train all Persons froni Marriage until 22 & 23 C.3.

" their former Wises and former Ilusbands be dead;" and an Act passed

in the twenty-second and twenty-third years of the reign of King Churlos 22 & 23 C. 2. the Second, intitule.! “An Act to prevent malicions Maiming and Woundc. ll. s. 9. ing;” and so much of an Act passed in the same years, intituled “ An

“ Act to prevent the Delivery up of Merchant Ships, and for the Increase

“ of good and serviceable Shipping," as relates to any mariner laying vioVulgo

Jelly hands on his commander, as therein mentioned ; and so much of an 11 & 12 W, 3. Act passed in the eleventh year of the reign of King !!illium the Third, c. 7. s. 18.

intituled “ An Act for the more eflectual Suppression of Piracy,” as relates to any master of a mechant vessel, who shall force any man ou shore,

c. 8.

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or wilfully leave him behind, or refuse to bring home any man as therein No. XXIII. mentioned ; and so much of an Act passed in the ninth year of the reign 9 Geo. IV. of Queen Anne, intituled "An Act for the better preventing of excessive

c. 31. “ and deceitful Gaming," as relates to the forfeiture and punishment of any person assaulting and beating or challenging or provoking to fight 9 Ann. c. 14. any other person on account of any money won as therein mentioned ; and an Act passed in the same year, intituled “An Act to make an at- 9 Ann. c. 16.

tempt on the Life of a Privy Councillor in the Execution of his Office " to be Felony without Benefit of Clergy;" and so much of an Act passed 12 G. 1. c. 34. in the twelfth year of the reign of King George the First, intituled “ An s. 6. “ Act to prevent unlawful Combinations of Workmen employed in the “ Woollen Manufactures, and for better Payment of their Wages,” as creates any felony; and an Act passed in the second year of the reign 2 G. 2. c. 21. of King George the Second, intituled “ An Act for the Trial of Murders “ in Cases where either the Stroke or Death only happens within that

part of Great Britain called England;" and so much of an Act passed 11 G. 2. c. 22. in the eleventh year of the sanie reign, intituled “ An Act for punishing Part of s. I “ such Persons as shall do Injuries and Violences to the Persons or Pro- and 2.

perties of His Majesty's Subjects, with Intent to hinder the Exportation “ of Corn," as relates to any Person who shall beat wound or use any other violence to any person or driver and so much thereof as makes any second offence felony; and so much of an Act passed in the twenty-second 22 G. 2. c. 27. year of the same reign, intituled “ An Act for the more effectual prevent- Part of s. 12.

ing of Frauds and Abuses committed by Persons employed in the Manu“ facture of Hats, and in the Woollen, Linen, Fustian, Cotton, Iron, “ Leather, Fur, Ilemp, Flax, Mohair, and Silk Manufactures; and fur "preventing unlawful Combinations of Journeymen Dyers and Journey

men Hotpressers, and of all Persons employed in the said several Manufactures, and for the better Payment of their Wages," as extends to the persons therein mentioned that part of the Act of the twelfth year of King George the First which is herein-before referred to; and the whole of 25 G. 2. c. 37. an Act passed in the twenty-fifth of the reign of King George the Second, except s. 9 intituled “ An Act for better preventing the horrid Crime of Murder," ex- and 10. cept so far as relates to rescues and attempts to rescue; and so much of 26 G. 2. c. 19. an Act passed in the iwenty-sixth year of the same reign, intituled “An s. 11. Act for enforcing the Laws against Persons who steal or detain Ship“ wrecked Goods, and for the Relief of Persons suffering Loss thereby, as relates to any person who shall be assaulted beaten and wounded for the exercise of his duty in the salvage of any vessel goods or effects, as therein mentioned ; and so much of an Act passed in the thirtieth year 30 G. 3. c. 48. of the reign of King George the Third, intituled “An Act for discontinuing “ the Judgment which has been required by Law to be given against Wo“ men convicted of certain crimes, and substituting another Judgment in “ lieu thereof,” as relates to petit treason; and so much of an Act passed in the thirty-third year of the same reign, intituled “ An Act for better pre- 33 G. 3. c. 67. “ venting offences in obstructing destroying or damaging ships or other ves- s. 2. • sels, and in obstructing seamen, keelmen, casters, and ship carpenters “ from pırsuing their lawful occupations," as relates to any seaman, keelman, caster, ship carpenter, or other person, whoshall prevent, hinder, or obstruct or assault, beat, wound, or do any bodily violence or hurt to any seaman, keelman, caster, or ship carpenter, as therein particularly mentioned; and an Act passed in the thirty-filth year of the savie reign, intituled" An 35 G. 3. c. 67. Act for rendering more effectual an Aet passed in the First Year of the

reign of King Jumes the First, intituled' An Act to restrain all Persons “« from Marriage until their former Wives and former Husbands be « « dead;'”and so much of an Act passed in the thirty-sixth year of the 36 G. 3. c. 9. same reign, intituled “ An Act to prevent Obstructions to the free Passage Part of 's, i “ of Grain within the Kingdom,” as relates to any person who shall beat and 2. wound or use any other violence to any person or driver, and so much thereof as makes any second offence felony; and an Act passed in the forty-third year of the same reign, intituled's An Act for the further pre- 43 G,3, c, 58. “ vention of malicious shooting, and attempting to discharge loaded fire

Arms, stabbing, cutting, wounding, poisoning, and the malicious using

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No. XXIII. “ of Means to procure the Miscarriage of Women, and also the malicious 9 Geo. IV. setting fire to Buildings; and also for repealing a certain Act made in c. 31.

England, in the Twenty-first Year of the late King James the First, in" tituled • An Act to prevent the destroying and murthering of Bastard 66 Children, and also an Act made in Ireland, in the Sixth Year of the “ Reign of the late Queen Anne, also intituled An Act to prevent the

“ destroying and murthering of Bastard Children,' and for making other 43 G.3. c. 113. “ Provisions in lieu thereof;" and an Act passed in the same forty

third year, intituled “ An Act for the more effectually providing for the “ Punishment of Offences in wilfully casting away burning or destroying

Ships and Vessels, and for the more convenient Trial of Accessories in “ Felonies, and for extending the Powers of an Act made in the Thirty

“ third Year of the Reign of King Henry the Eighth, as far as relates to 54 G. 3. c. 101. “ Murders, to Accessories to Murders, and to Manslaughters ;” and an

Act passed'in the fifty-fourth year of the reign of King George the Third,

intituled “An Act for the more effectual Prevention of Child-stealing;" 58 G. 3. c. 38. and so much of an Act passed in the fifty-eighth year of the same reign, insl.

tituled “An Act to extend and render more effectual the present Regula. “ tions for the Relief of seafaring Men and Boys, Subjects of the United

Kingdom of Great Britain and Ireland, in Foreign Parts," as relates to

the trial of offences against the Act of King William the Third, herein-before 1 G. 4. c. 90. mentioned; and so much of an Act passed in the first year of the reign of s. 2.

his present Majesty, intituled "An Act to remove Doubts and to remedy Defects in the Law, with respect to certain offences committed upon the “ Sea or within the Jurisdiction of the Admiralty,” as refers to the Act

of the forty-third year of the reign of King George the Third, herein. I G. 4. c. 115. before first mentioned ; and an Act passed in the same first year, intituled

“An Act to repeal so much of the several Acts passed in the Thirty-ninth “ Year of the Reign of Elizabeth, the Fourth of George the First, the Fifth 6. and Eighth of George the Second, as icflicts Capital Punishment on cer

“ tain Offences therein specified, and to provide more suitable and effec1 & 2 G. 4. “ tual Punishment for such Offences ;” and so much of an Act passed in c. 88.

the first and second years of the present reign, intituled An Act for the

66 Amendment of the Law of Rescue," as relates to the offences of assault3 G. 4, c. 38. ing beating and wounding therein mentioned; and an Act passed in the

third year of the present reign, intituled “ An Act for the further and

more adequate Punishment of Persons convicted of Manslaughter, and

66 of Servants convicted of robbing their Masters, and of Accessories be3 G. 4. c. 114.

fore the fact to Grand Larceny, and certain other Felonies;” and so much of an Act passed in the same year, intituled “An Act to provide 66 for the more effectual Punishment of certain Offences by Imprisonment “ with hard Labour,” as relates to any of the assaults therein mentioned; shall continue in force until and throughout the last day of June in the present year, and shall from and after that day, as to that part of the United Kingdom alled England, and as to offences committed within the jurisdiction of the admiralty of England, be repealed, except so far as any of the said Acts may repeal the whole or any part of any other Acts, and

except as to offences committed before or upon the said last day of June, Commence- which shall be dealt with and punished as if this Act had not been pasment of this sed; and this Act shall commence and take effect (except as is hereinAct.

before excepted) on the first day of July in the present year. Petit Treason II. And be it enacted, That every offence, which before the comto be treated mencement of this Act would have amounted to petit treason, shall in all respects be deemed to be murder only, and no greater offence; and all persons as Murder.

guilty in respect thereof, whether as principals or as accessories, shall be dealt with, indicted, tried, and punished as principals and accessories in

murder. Punishment of III. And be it enacted, That every person convicted of murder, or of Principals and being an accessory before the fact to murder, shall suffer death as a felon; Accessories in and every accessory after the fact to murder shall be liable, at the disMurder. cretion of the court, to be transported beyond the seas for life, or to be

imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding four years.

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