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No. XXIII. conviction, or shall have suffered the imprisonment awarded for non-pay9 Geo. IV. ment thereof, in every such case he shall be released from all further or c. 31.
other proceedings, civil or criminal, for the same cause.
XXIX. Provided always, and be it enacted, That in case the justices
shall find the assault or battery complained of to have been accompanied These Provisions not to
by any attempt to commit felony, or shall be of opinion that the same is, apply to ago
from any other circumstance, a fit subject for a prosecution by indictment, gravated
they shall abstain from any adjudication thereupon, and shall deal with Cases, &c. the case in all respects in the same manner as they would have done be
fore the passing of this Act: Provided also, that nothing herein contained
the process of any court of justice.
his homeward-bound voyage, every such master shall be guilty of a mishim Home.
demeanor, and being lawfully convicted thereof, shall be imprisoned for Mode of
such term as the court shall award; and all such offences may be proseTrial, &c.
cuted by indictment or by information, at the suit of his Majesty's attorney
trial of every such indictment or information.
less than seven years, or to be imprisoned with or without hard labour, in
to be proceeded against and punished as a principal offender. As to Offences
XXXII. And be it enacted, That all indictable offences mentioned in against this
this Act, which shall be committed within the jurisdiction of the admiralAct committed
ty of England, shall be deemed to be offences of the same nature, and Sea.
liable to the same punishments, as if they had been committed upon the
ed in the same manner as any other offences committed within the jurisNot to affect diction of the admiralty of England : Provided always, that nothing herein the Laws re- contained shall alter or affect any of the laws relating to the government lating to the
of his Majesty's land or naval forces. Forces.
XXXIII. And for the more effectual prosecution of offences punishable
any person shall be charged on the oath of a credible witness before Act punish
any justice of the peace with any such offence, the justice may summon able on sum
the person charged to appear before any two justices of the peace at a time mary Convic
and place to be named in such summons, and if he shall not appear action.
cordingly, then (upon proof of the due service of the summons upon such
XXXIV. Provided always, and be it enacted, That the prosecution for No. XXIII. every offence punishable on summary conviction by virtue of this Act 9 Geo. IV. shall be commenced within three calendar months after the commission
c. 31. of the offence, and not otherwise.
XXXV. And be it enacted, That the justices before whom any person Time for sumshall be summarily convicted of any offence against this Act may cause mary Prothe conviction to be drawn up in the following form of words, or in any ceedings. other form of words to the same effect, as the case shall require ; (that is Form of Conto say,)
viction. BE É it remembered, That on the
day of in the year of our Lord
in • the county of
[or riding, division, liberty, city, etc. as the case may be,], A.O. is convicted before us (naming the justices], two • of his Majesty's justices of the peace for the
said county, [or riding, etc.) • for that he the said A.0. did specify the offence, and the time and place • when and where the same was committed, as the case may be]; and we the
said justices adjudge the said A.O. for his said offenee to be imprisoned "in the
and there kept to hard labour for the space of
[or, we adjudge the said A.O. for his said offence to . forfeit and pay the sum of ] [here state the amount of the fine imposed], • and also to pay the sum of
for costs; and in default • of immediate payment of the said sums, to be imprisoned in the for the space of
unless the said sums shall be sooner paid ; [or, and we order that the said sums shall be paid by the said • A.0. on or before the
), and we direct that o the said sum of
[i. e. the amount of the fine] shall be paid to of
aforesaid, in which the said offence was com• mitted, to be by him applied according to the directions of the statute in • that case made and provided ; and we order that the said sum of
for costs shall be paid to C.D. (the party agerieved). Given under • our hands the day and year first above mentioned.
XXXVI. And be it enacted, That no such conviction shall be quashed No Certiorari, for want of form, or be removed by cerliorari or otherwise into any of his &c. Majesty's superior Courts of Record : and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same.
XXXVII. Provided always, and be it enacted, That nothing in this Act Not to repeal contained shall affect or after any Act, so far as it relates to the crime any Act relate of high treason, or to any branch of the public revenue, or shall affect or ing to High alter any Act for the prevention of smuggling, or any part of the Act Treason, the passed in the sixth year of the present reign, intituled “ An Act to repeal Combinations. the Laws relating to the Combination of Workmen, and to make other « Provisions in lieu thereof."
XXXVIII. Provided also, and be it enacted, That nothing in this Act Not to extend contained shall extend to Scotland or Ireland.
to Scotland or Ireland.
[No. XXIV.] 10 George IV. c. 34.--An Act for consolida
ting and amending the Statutes in Ireland, relating to
[ No. XXV. ] 10 George 4. c. 38.-An Act for the more No. XXV.
effectual Punishment of Attempts to murder in certain 10 Geo. IV. Cases in Scotland.-[4 June 1829.]
c. 38. WHEREAS an Act was passed in the sixth year of the reign of his 6 G. 4, c. 126.
present Majesty, intituled “ An Act to make Provision in Scotland “ for the further Prevention of inalicious shooting and attempting to dis“charge loaded Fire Arms, stabbing, cutting, wounding, poisoning, and
No. XXV. “ disabling His Majesty's Subjects; ” which Act did not extend to the 10 Geo. IV. punishment of cases of attempts to murder by means of suffocation,
strangulation, and drowning : And whereas it is expedient that a suitable punishment should attach to such crimes, and that the provisions relative to all the aforesaid offences should be included in one 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 Commons, in this
present Parliament assembled, and by the authority of the same, that Recited Act fron and after the passing of this Act, the before-recited Act passed in repealed, ex- the sixth year of the reign of his present Majesty shall be and the same cept as to Of- is hereby repealed, except as to any offences against the same committed fences already before the passing of this Act, which shall be dealt with and punished as committed. if this Act had not been passed. Persons wil. II. And be it enacted, That from and after the passing of this Act, if fully shooting, any person shall, within Scotland, wilfully maliciously and unlawfully stabbing, shoot at any of his Majesty's subjects, or shall wilfully maliciously strangling, and unlawfully present point or level any kind of loaded fire arms &c., punish- at any of his Majesty's subjects, and attempt, by drawing a trigger able with
or in any other manner, to discharge the same at or against his or their Death.
person or persons; or shall wilfully maliciously and unlawfully stab or cut any of his Majesty's subjects, with intent in so doing, or by means thereof, to murder or to inaim, disfigure or disable such his Majesty's subject or subjects, or with intent to do some other grievous bodily harm to such his Majesty's subject or subjects ; or shall wilfully maliciously and unlawfully administer to or cause to be administered to or taken by any of his Majesty's subjects any deadly poison or other noxious and destructive substance or thing, with intent thereby, or by means thereof, to murder or disable such his Majesty's subject or subjects, or with intent to do some oiher grievous bodily harm to such his Majesty's subject or subjects; or shall wilfully maliciously and unlawfully attempt to suffocate or to strangle or to drown any of his Majesty's subject or subjects, with the intent thereby, or by means thereof, to murder or disable such his Majesty's subject or subjects, or with intent to do some other grievous bodily harm to such his Majesty's subject or subjects; such person so offending, and being lawfully found guilty, actor or art and part of any one or more of the several offences herein-before enumerated, shall be hell guilty of a capital crime, and shall receive sentence of death accord
ingly. Throwing Sul
III. And be it enacted, That if any person in Scotland shall, from and phuric Acid,
after the passing of this Act, wilfully maliciously and unlawfully throw &c., punish- at or otherwise apply to any of his Majesty's subject or subjects any sulable with
phuric acid, or other corrosive substance calculatcd by external applicaDeath. tiwn to burn or injure the human frame, with intent in so doing, or by
means thereof, to murder or maim or disfigure or disable such his Majesty's subject or subjects, or with intent to do some other grievous bodily harm to sueh of his Majesty's subject or subjects, and where, in consequence of such acid or other substance being so willully maliciously and unlawfully thrown or appli d with intent as aforesaid, any of his Majesty's subjecis shall be naimed disfigured or disabled or receive other grievous bodily harm, such person, being thereof lawfully found guilty, actor or art and part, shall be held guilty of a capital crinie, and shall receive sen
tence of death accordingly. Proviso if the
IV. Provided always, and be it enacted, That if it shall appear, upon Acts done the trial of any person accused of any of the several offences herein-bewould not fore enumerated, that under the circumstances of the case, if death had have amount- ensued, the act or acts done would not have amounted to the crime of ed to Murder. inurder, such person shall not be held guilty of a capital crime, or be sub
ject to the punishment aforesaid. Power to re- V. And be it enacted, That nothing contained in this or in any other strict not af- statute enacting a capital punishment shall be held to affect or impair the fected. power of the prosecutor to restrict the pains of law,
No. I. 3 Edw. I,
Rape, Polygamy, Forcible Marriage, &c. ( No. I. ] 3 Edward I. c. 13.-The Punishment of him that
doth ravish a Woman. : AN ND the King prohibiteth that none do ravish nor take away by
force any maiden within age, (neither by her own consent nor • without) nor any wife or maiden of full age, nor any other woman
against her will; and if any do, at his suit that will sue within forty
days, the King shall do common right; and if none commence his suit ' within forty days, the King shall sue ; and such as be found culpable, • shall have two years' imprisonment, and after shall fine at the King's • pleasure; and they have not whereof, they shall be punished by • longer imprisonment, according as the trespass requireth.'
[ No. II. ] 13 Edward I. stat. 1. c. 34.- It is Felony to
commit Rape. A married Woman elopeth with an Advouterer. The Penalty for carrying à Nun from her
House. : IT
No. II. married, maid or other, where she did not consent, neither before • nor after, he shall have judgment of life and of member. And likewise
13 Edw. I. where a man ravisheth a woman married, lady, damosel, or other, with
c. 34, • force, although she consent after, he shall have judgment as before is • said, if he be attainted at the King's suit, and there the King shall have It is a Felony " the suit. And of women carried away with the goods of their husbands, to ravish a • the King shall have the suit for the goods so taken away. And if a wife
Woman. I willingly leave her husband, and go away, and continue with her ail- If a Wife do o vouterer, she shall be barred for ever of action to demand her dower
e!ope with an
Advouterer, that she ought to have of her husband's lands, if she be convict there- she shall for
upon, except that her husband willingly and without coertion of the feit her Dower. • church, reconcile her, and suffer her to dwell with him; in which case Taking away ( she shall be restored to her action. He that carrieth a nun from her of a Nuo. • house, although she consent, shall be punished by three years' impriosonment, and shall make convenient satisfaction to the house from • whence she was taken, and nevertheless shall makc fine at the King's
[ No. III.) 13 Edward I. stat. 1. c. 35.-In what Cases do
lie a Writ of Rayishment of Ward, Communi Custodia Ejectione, 8c.
No. IV. [ No. IV.] 3 Henry VII. c. 2.-The Penalty for carrying a 32 H. VII.
Woman away against her Will that hath Lands or Goods.
substances, some in goods moveable, and some in lands and tenements, and some being heirs apparent unto their ancestors, for the lucre
of such substances been oftentimes taken by misdoers, contrary to their ( will, and after married to such misdoers, or to other by their assent,
or defoiled, to the great displeasure of God, and contrary to the King's
laws, and disparagements of the said women, and utter heaviness and Felony to car- discomfort of their friends, and to the evil ensample of all other : It is ry away a Wo. therefore ordained established and enacted, by our Sovereign Lord the man against King, by the advice of the Lords Spiritual and Temporal, and the Comher will that mons, in the said Parliament assembled, and by authority of the same, hath Lands or That what person or persons from henceforth that taketh any woman Goods, or is
so (1) against her will unlawfully, that is to say maid widow or wife, that Heir Apparent such taking procuring and abetting (2) to the same and also receiving to her An.
wittingly the same woman so taken against her will, and knowing the By 39 El. c. 9. same, be felony; and that such misdoers takers and procurators to the this Offence is
same, ousted of
forth reputed and adjudged as principal felons. Provided always, That Clergy.
this Act extend not to any person taking any woman, only claiming her as his ward or bond-woman.
[ No. V.) 25 Henry VIII. c. 6.-The Punishment of the
Vice of Buggery.
[ No. VI. ] 32 Henry VIII. c. 10.-A Repeal of the Pu
nishment by Death of Priests married or unmarried, and of Women offending with them by Incontinency, limited by the Statute of 31 H. 8. c. 14. A Priest offending by Incontinency, and convict according to the Laws men. tioned in 31 H. 8. c. 14, shall the first Time forfeit to the King all bis Goods, Chattels, Debts, and all his Spiritual Promotions, saving one; and being the second Time convict, he shall forfeit all his Goods, Chattels, Debts, and the
Issue and Profits of all his Lands, Benefices and Promo(1) If the force be in one county and the sented, if she afterwards refused. The marwoman afterwards go into another, and be riage, though voidable on account of the force, there married or defiled, the case is not with- is a sufficient marriage, de facto, to bring the in the Act. The case of R. v. Gordon, for an case within the statute. The woman, potoffence against this Act, Oxford Spring Aso withstanding such marriage, is a competent sizes, 1804, which excited great public atten- witness to prove the fact. Sir M. Hale obtion, was stopped on this ground: Mrs. Lee, serves, that in Burn's case, 25 Car. II. most the prosecutrix, having admitted upon cross- were of opinion, that if the female had lived examination, that before she got into the with the prisoner any considerable tiine, and county of Oxford she had thrown away a consented to the marriage, she could not have camphire bag, which she regarded as a charm, been admitted as a witness. This is justly and exclaimed Now welcome pleasure ; but if questioned by Sir Wm. Blackstone, 4 Com. the force at all continued in the same county, 209, and Sir E. East, 1 P. C. 454, upon the the consent to marriage or defilement does ground, that if she were a competent witness
The indictment must follow the at the time of the marriage, no subsequent statute in alledging that the woman had in assent can incapacitate her. See the several substance, in lands or goods; or was an points above stated, with the authorities, heiress, that she was taken against her will, East, P. C. Ch. xi. s. 1. for lucre, and married or defiled; but need (2) The barely receiving the offender is not not alledge that the taking was with intent a case within the statute; and the party reto marry.or defile her. It is not material that ceiving is only au accessary at common law; the party marrying was not the author of the 1 Hale, 661. í Hawk, ch, xlii. s. 7, 8. I East, original force, or that the woman at first con- ch, xi. s. l.