down river binds, break ing down the Bedford and being lawfully convicted of any such offence or offences, shall be deemed guilty of felony, and suffer death as a felon without benefit of clergy: and whereas it is expedient that a lesser degree of punishment should be provided for the several offences created by the above recited acts: be it therefore enacted by the king's most ex- Breaking cellent majesty, by and with the advice and con- or sea banks, sent of the lords spiritual and temporal, and inbrek commons, in this present parliament assembled, banks or and by the authority of the same, That so much sluices in of the said recited acts as excludes the benefit Level, per sonating outof clergy from persons convicted of the felonies pensioners of thereby respectively created, shall be and the hospital; same are hereby repealed; and that from and after the passing of this act, any person convicted of the said felonies, or any of them, shall be liable, at the discretion of the court,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 only, or to be imprisoned and kept to hard labour in the common gaol or house of correction, for any term not exceeding seven years. (1) II. [By this section it was made a felony, punishable only with transportation or imprisonment, to break into any building, for the purpose of destroying woollen, silk, linen, or cotton goods in any stage of manufacture, or frame-work knitted piece or lace, or machinery, or to destroy the (1) As to personating Chelsea and Greenwich pensioners, see stat. 5 Geo. 4. c. 107. s. 5, post. And as to the other offences mentioned here, see stat. 7 & 8 Geo. 4. c. 30. post. Greenwich punishment. same. This section, however, is repealed by stat. 7 & 8 Geo. 4. c. 27. s. 1, and other provisions made upon these subjects by stat. 7 & 8 Geo, 4. c. 30. s. 3.] Vide post. 4 GEO. IV. c. 48. An Act for enabling Courts to abstain from pro- WHEREAS it is expedient that in all cases of felony not within the benefit of clergy, except murder, the court before which the offender or offenders shall be convicted shall be authorized to abstain from pronouncing judgment of death, whenever such court shall be of opinion that, under the particular circumstances of any case, the offender or offenders is or are a fit and proper subject, or fit and proper subjects to be recommended for the royal mercy: 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 from and after the passing of this pronouncing act, whenever any person shall be convicted of death on per- any felony, except murder, (1) and shall by law be excluded the benefit of clergy in respect thereof, and the court before which such offender shall Court may abstain from sentence of sons con victed of capital felonies (except murder,) and order the same to be recorded. (1) In murder, the sentence must be pronounced immedi ately after conviction, "unless the court shall see reasonable cause for postponing the same." 9 Geo. 4. c. 31. s. 4. Vide post. be convicted shall be of opinion that, under the particular circumstances of the case, such offender is a fit and proper subject to be recommended for the royal mercy, it shall and may be lawful for such court, if it shall think fit so to do, to direct the proper officer then being present in court to require and ask, whereupon such officer shall require and ask, if such offender hath or knoweth any thing to say, why judgment of death should not be recorded against such offender; and in case such offender shall not allege any matter or thing sufficient in law to arrest or bar such judgment, the court shall and may and is hereby authorized to abstain from pronouncing judgment of death upon such offender; and instead of pronouncing such judgment, to order the same to be entered of record; and thereupon such proper officer as aforesaid shall and may and is hereby authorized to enter judgment of death on record against such offender, in the usual and accustomed form, and in such and the same manner as is now used, and as if judgment of death had actually been pronounced in open court against such offender, by the court before which such offender shall have been convicted. same effect nounced. II. And be it further enacted, That a record Record of judgment to of every such judgment, so entered as aforesaid, have the shall have the like effect to all intents and pur- as if pro poses, and be followed by all the same consequences, as if such judgment had actually been pronounced in open court, and the offender had been reprieved by the court. Act not to extend to Scotland. III. And be it further enacted, That nothing herein contained shall extend to that part of the united kingdom called Scotland. 4 GEO. IV. c. 52. An Act to alter and amend the Law relating to the Interment of the Remains of any Person found Felo de se. [8th July, 1823.] WHEREAS it is expedient that the laws and usages relating to the interment of the remains of persons, against whom a finding of felo de se shall be had, should be altered and amended; 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 Felo de se to authority of the same, That from and after the be privately buried in the passing of this act, it shall not be lawful for any church-yard coroner, or other officer having authority to hold parish at night. inquests, to issue any warrant or other process directing the interment of the remains of persons against whom a finding of felo de se shall be had, in any public highway; but that such coroner or other officer shall give directions for the private interment of the remains of such person felo de se, without any stake being driven through the body of such person, in the church-yard or other burial ground of the parish or place in which the remains of such person might by the laws or custom of England be interred if the verdict of felo de se had not been found against such per son; such interment to be made within twentyfour hours from the finding of the inquisition, and to take place between the hours of nine and twelve at night. Christian be perform former laws not otherwise altered. II. Provided nevertheless, That nothing herein Rites of contained shall authorize the performing of any burial not to of the rites of Christian burial on the interment ed; and of the remains of any such person as aforesaid; and usages nor shall any thing hereinbefore contained be taken to alter the laws or usages relating to the burial of such persons, except so far as relates to the interment of such remains in such churchyard or burial ground, at such time and in such manner as aforesaid. 4 GEO. IV. c. 53. An Act for extending the Benefit of Clergy to several Larcenies therein mentioned. [8th July, 1823.] c. 5. WHEREAS by an act passed in the twenty-second 22 Car. 2. year of the reign of his late majesty King Charles C.. the Second, intituled "An act for taking away the benefit of clergy from such as steal cloth from the rack, and from such as shall steal or imbezil his majesty's ammunition and stores," the benefit of clergy is taken away from persons convicted of cutting and taking, stealing, or carrying away any cloth or other woollen manufactures from the rack or tenter in the night-time, or of stealing or imbezling any of his majesty's sails, cordage, or F |