court, to be transported beyond the seas for the term of 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.

Indictment for a subsequent Felony, after a previous Conviction for Felony.

BERKSHIRE, to wit: The jurors for our lord the king upon their oath present, that heretofore, to wit [at the general quarter sessions of the peace, holden at

in and

in the

for the county of -], on the day of fourth year of the reign of our sovereign lord William the Fourth, by the grace of God of the united kingdom of Great Britain and Ireland king, defender of the faith, A. B. was then and there convicted of felony; and which said conviction is still in its full force, strength, and effect, and not in the least reversed, annulled, or made void : And the jurors aforesaid, upon their oath aforesaid, do further present, that the said A. B., late of the parish of in the county of

Berks aforesaid, labourer, being so convicted of felony as aforesaid, afterwards, on the third day of November, in the fifth year of the reign aforesaid, with force and arms, at the parish last aforesaid, in the county of Berks aforesaid [ten pieces of the current gold coin of the realm, called sovereigns, of the value of ten pounds, one woollen cloth coat of the value of ten shillings, and one linen shirt of the value of five shillings, of the monies, goods and chattels of one C. D., then and there being found, feloniously did steal, take, and carry away-[describing the subsequent felony, as in ordinary cases] against the form of the statute in that case made and provided, and against the peace of our lord the king, his crown and dignity.

Evidence.

To maintain this indictment, the prosecutor must prove1. The felony for which the prisoner is now indicted, as in ordinary cases.

2. The former conviction, by producing a certificate of it, as above directed in sect. 11. Formerly this evidence of the former conviction was not put in until the jury had first decided upon the prisoner's guilt as to the second felony ; but the judges have since holden, that it should be given in evidence before the prisoner is called upon for his defence. Per Park, J., in Rex v. Jones, 6 Car. & P. 391.

N

Admiralty offences.

Effect of a

free or con

don under

the sign manual.

3. The identity of the prisoner, as the person before convicted.

If you fail in proving the former conviction, or the identity of the prisoner, it should seem that the jury may, upon this indictment, find the prisoner guilty of the subsequent felony only.

XII. And be it enacted, That all offences prosecuted in the High Court of Admiralty of England, shall, upon every first and subsequent conviction, be subject to the same punishments, whether of death or otherwise, as if such offences had been committed upon the land. (5)

XIII. And be it declared and enacted, That ditional par- 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 royal 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 pu

Proviso.

(5) See stat. 1 Geo. 4. c. 90, ante, p. 50.

nishment to which the offender might otherwise be lawfully sentenced on a subsequent conviction for any felony committed after the granting of any such pardon. (6)

criminal sta

XIV. And be it enacted, That wherever this Rule for the interpretaor any other statute relating to any offence, tion of all whether punishable upon indictment or summary tutes. conviction, in describing or referring to the of fence or the subject-matter on or with respect to which it shall be committed, or the offender or the party affected or intended to be affected by the offence, hath used or 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 a party aggrieved, it shall be payable to a body corporate in every case where such body shall be the party aggrieved.

ment of this

XV. And be it enacted, That this act shall commencecommence and take effect on the first day of July, one thousand eight hundred and twenty

seven.

(6) See stat. 6 Geo. 4. c. 25, s. 1, ante, p. 175, and the note there; see also stat. 9 Geo. 4. c. 32. s. 3, post.

act.

Not to ex

tend to Scot

XVI. Provided always, and be it enacted,

land or Ire. That nothing herein contained shall extend to

land.

Scotland or Ireland.

7 & 8 GEO. IV. c. 29.

An Act for consolidating and amending the Laws in England relative to Larceny and other Offences connected therewith.

WHEREAS various statutes now in force in that part of the united kingdom called England, 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, are by an act of the present session of parliament repealed from and after the last day of June in the present year, except as to offences committed before or upon that day; and it is expedient that the provisions contained in those various statutes should be amended and consolidated into this act, to take effect at the same time as the said repealing 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 this act shall commence on the first 1st July, 1827. day of July in the present year.

This act to

commence

Distinction between grand and

II. And be it enacted, That the distinction between grand larceny and petty larceny shall be

abolished.

abolished, and every larceny, whatever be the petty larceny value of the property stolen, shall be deemed to be of the same nature, and shall be subject to the same incidents in all respects as grand larceny was before the commencement of this act; and every court, whose power as to the trial of larceny was before the commencement of this act limited to petty larceny, shall have power to try every case of larceny, the punishment of which cannot exceed the punishment hereinafter mentioned for simple larceny, and also to try all accessories to such larceny.

III. And be it enacted, That every person con- Punishments for simple victed of simple larceny, or of any felony hereby larceny. made punishable like simple larceny, shall (except in the cases hereinafter otherwise provided for) be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years; or to be imprisoned (1) 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.

Indictment for Simple Lurceny.

in

BERKSHIRE, to wit: The jurors for our lord the king upon their oath present, that A. B., late of the parish of the county aforesaid, labourer, on the third day of November, in the fifth year of the reign of our sovereign lord William the Fourth, by the grace of God of the united kingdom of Great Britain and Ireland king, defender of the faith, with force and arms, at the parish aforesaid, in the county aforesaid [ten pieces of the current gold coin of the realm called sovereigns, of the value of ten pounds, one woollen cloth

(1) Or imprisoned and kept to hard labour, s. 4, post.