6 G.2. c.37. § 5. 27 G.2. e. 19. § 49. CA P. XLVI. An Act for repealing the Capital Punishments inflicted by several Acts of the Sixth and Twenty seventh Years of King George the Second, and of the Third, Fourth and Twenty second Years of King George the Third; and for providing other Punishments in lieu thereof, and in lieu of the Punishment of Frame breaking under an Act of the Twenty eighth Year of the same Reign. [4th July 1823.] WHEREAS by an Act passed in the Sixth Year of the Reign of His late Majesty King George the Second, intituled An "Act for making perpetual the several Acts therein mentioned, for the better Regulation of Juries, and for empowering the Justices of Session or Assizes for the Counties Palatine of Chester, Lan'caster and Durham, to appoint a Special Jury in Manner therein mentioned; and for continuing the Act for regulating the Manufacture of Cloth in the West Riding of the County of York (except a Clause therein contained); and for continuing an Act for the more effectual punishing wicked and evil disposed Persons going armed in Disguise, and for other Purposes therein mentioned; and to prevent the cutting or breaking down the Bank of any River or any Sea Bank; and to prevent the malicious cutting off Hop Binds; and for continuing an Act made in the Thirteenth and Fourteenth Years of the Reign of King Charles the Second, for preventing Theft and Rapine upon the Northern Borders of England, and for reviving and continuing certain Clauses in Two other Acts made for the same Purpose, it is among other Things enacted, that if any Person or Persons shall unlawfully and maliciously break down or cut down the Bank or Banks of any River or any Sea Bank, whereby any Lands shall be overflowed or damaged, every Person so offending, being thereof lawfully convicted, shall be adjudged guilty of Felony, and shall suffer Death as in Cases of Felony without Benefit of Clergy: And Whereas by the same Act it is further enacted, that if any Person or Persons shall unlawfully and maliciously cut any Hop Binds growing on Poles in any Plantation of Hops, every Person or Persons so offending, being thereof lawfully con'victed, shall be adjudged guilty of Felony, and shall suffer Death as in Cases of Felony without Benefit of Clergy: And Whereas by an Act passed in the Twenty seventh Year of the Reign of His said late Majesty, intituled An Act for discharging the Corporation of the Governor, Bailiffs and Commonalty of the Company of Conservators of the Great Level of the Fens, com monly called Bedford Level, from a Debt due to the Duke of Bedford and Earl of Lincoln; and for enabling the Proprietors of Lands in the North Level, Part of the said Great Level, to raise Money to discharge the Proportion of the said North Level in the Debts of the said Corporation; and for ascertaining and appropriating the Taxes to be laid on the said North Level; and for the more effectual draining and preserving the said North Level, and divers Lands adjoining thereto, in the Manor of 'Crowland; it is among other Things enacted, that if any Per • son 6 6 6 6 § 6. 'son or Persons shall maliciously cut, break down, burn, de'molish or destroy any Bank, Mill, Engine, Flood Gate or Sluice, making or erecting, or made or erected, supported or maintained, for answering the Purposes specified in the said Act, every Person or Persons so offending, being thereof convicted, shall be guilty of Felony, and shall suffer Death as Felons without Benefit of Clergy: And Whereas by an Act passed in the Third Year of the Reign of His late Majesty King George the 3 G.3. c.16. Third, intituled An Act to empower the Commissioners or Governors of the Royal Hospital for Seamen at Greenwich, after defraying the necessary Expences thereof, to provide for such Seamen, worn out and become decrepit in the Service of their Country, who shall not be provided for within the said Hospital, and to enable them to receive such Pensions as shall be granted them by the said Commissioners or Governors in the most easy and convenient Manner, and for preventing Frauds and Abuses attending the same, it is among other Things enacted, that whosoever willingly and knowingly shall personate or falsely assume the Name or Character of, or procure any other to personate or falsely to assume the Name and Character of any Person entitled or supposed to be entitled as an Out Pensioner to any Out Pension or Allowance of Money, from the Commissioners or Governors of the said Hospital, in order to receive the Money due or supposed to be due on such Out Pension, every such Person so offending, 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 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 the repealed; and said recited Acts as excludes the Benefit of Clergy from Persons Offenders to be convicted of the Felonies thereby respectively created, shall be liable to Transand the same are hereby repealed; and that from and after the portation. 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, any Term not exceeding Seven Years. 6 for II. And Whereas by an Act passed in the Fourth Year of 4 G.3. c.37. the Reign of His said late Majesty King George the Third, in- § 16. tituled An Act for the better establishing a Manufactory of Cam bricks and Lawns, or Goods of the kind usually known under those Denominations, now carrying on at Winchelsea in the County of Sussex, and for improving, regulating and extending the Manufacture of Cambricks and Lawns, or Goods of the kind usually known under those Denominations, in that Part of Great Britain called England, Provision was made for the Capital Punishment of Persons convicted of divers Offences, in stealing, cutting and destroying Linen Yarn, Linen Cloth or Manufactures of Linen Yarn, and the Looms, Tools and Implements used therein: And • Whereas 22 G.S. c.40. § 1, 2, 3. 28 G.3. c.55. § 4. • Whereas by an Act passed in the Twenty second Year of • Reign of His said late Majesty, intituled An Act for puni Persons wilfully and maliciously destroying any Woollen, Linen or Cotton Goods, or any Implements prepared for or u 'the Manufacture thereof; and for repealing so much of Two 'made in the Twelfth Year of King George the First, and i Sixth Year of His present Majesty, as relates to the Punish of Persons destroying any Woollen or Silk Manufactures, o Implements prepared for or used therein, Provision was mad the Capital Punishment of Persons convicted of divers Offe in destroying the Woollen, Silk, Linen and Cotton Manufact and the Tools, Tackle and Utensils used therein: And Whe it is expedient to provide a lesser Degree of Punishmen such Offences, and to amend some Defects in the said Acts, and to incorporate therewith the Provision made by Act passed in the Twenty eighth Year of the Reign of His late Majesty, intituled An Act for the better and more effec Protection of Stocking Frames, and the Machines or Engines nexed thereto or used therewith; and for the Punishment • Persons destroying or injuring of such Stocking Frames, Mach or Engines, and the Framework knitted Pieces, Stockings and Articles and Goods used and made in the Hosiery or Frame knitted Manufactory; or breaking or destroying any Machin contained in any Mill or Mills used or any way employed in paring or spinning of Wool or Cotton for the Use of the Stock Frame, for the Punishment of Persons convicted of div Offences, in cutting and destroying Framework knitted Piece Stockings and other like Articles, and breaking, destroying an damaging Frames, Machines, Engines, Tools, Instruments a Utensils used in the same Manufacture and Machinery in t 'said Act mentioned;' Be it therefore further enacted, That fro wholly repealed, and after the passing of this Act, the whole of the said recit Act of the Twenty second Year aforesaid, except so much there as repeals former Acts, and so much of the said recited Acts the Fourth and Twenty eighth Years aforesaid, as create Feloni in stealing, damaging or destroying Manufactures, Implements Machinery, shall be and the same are hereby repealed, sa only as to Offences committed before the passing of this Act, as which the said Three last recited Acts shall continue in forc and that from and after the passing of this Act, if any Person shi by Day or by Night break into any House, Shop or Building, enter by Force into any House, Shop or Building, with intent cut, break, destroy or damage, in the Loom or Frame, or c any Machine or Engine, or on the Rack or Tenters, or in an Stage, Process or Progress of Manufacture, any Woollen, Si Linen or Cotton Goods, or any Goods of any one or more of thos Materials mixed with each other, or mixed with any other Ma terial; or to cut, break, destroy or damage any other Article the Woollen, Silk, Linen or Cotton Manufactures in the Loom o Frame, or on any Machine or Engine, or on the Rack or Tenter or in any Stage, Process or Progress of Manufacture; or to cut break, destroy or damage any Warp or Shute of Woollen, Silk Linen or Cotton, or of any one or more of those Materials mixed with each other, or mixed with any other Material, or an Framework 22 G.3. c. 40. and 4 G.3. c.37. 28G.3. c.55. in part repealed. Destroying Woollen, Silk, Linen or Cot ton Goods, &c. in the Loom, &c. Framework knitted Piece, Stocking, Hose or Lace; or to burn, break, cut, destroy or damage any Loom, Frame, Machine, Engine, Rack, Tool, Tackle, Utensil, Instrument or Implement, whether fixed or moveable, prepared for or employed in carding, spinning, throwing, weaving, fulling, shearing or otherwise manufacturing or preparing any such Goods or Articles; or shall wilfully and maliciously, and without lawful Authority, cut, break, destroy or damage any such Woollen, Silk, Linen, Cotton or Mixed Goods, or Articles, in the Loom or Frame, or on any Machine or Engine, or on the Rack or Tenters, or in any Stage, Process or Progress of Manufacture; or burn, break, cut, destroy or damage any such Loom, Frame, Machine, Engine, Rack, Tool, Tackle, Utensil, Instrument or Implement as aforesaid; or counsel, procure, aid or abet the Commission of the said Offences, or of any of them; every Person so offending, being thereof law- Transportation fully convicted, shall be guilty of Felony, and shall be liable, at or Imprison. the Discretion of the Court, to be transported beyond the Seas ment. 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. CA P. XLVII. An Act for authorizing the Employment at Labour, in the Colonies, of Male Convicts under Sentence of Transport[4th July 1823.] ation. WHEREAS in 560 HEREAS an Act was passed in the Fifty sixth Year of the 56 G.3. c.27. 'tuled An Act to amend several Laws relative to the Transportation of Offenders, to continue in force until the First Day of May One thousand eight hundred and twenty one, which was, by an 'Act passed in the First and Second Years of His present 1 & 2 G.4. · Majesty's Reign, continued for Two Years and to the End of c.6. the then next Session: And Whereas by the said first recited • His 25G.3.c.46. His Majesty, by Order in Council, may direct Convicts to be employed in any Part of His Majesty's Dominions out of England, under a Super intendant and Overseer. 6 His Majesty should from time to time appoint, until such Offender should be transported according to Law, or by the Expiration of ⚫ the Term of such Transportation or otherwise, should be entitled to his Liberty, or until His Majesty should direct the Return of such Offender to the Gaol or Prison from which he should have been so removed; and it was further enacted, that the 'Superintendant or Overseer who should have the Custody of " every such Offender should, during the Term of such Custody, have the same Powers over him as are incident to the Office of a Sheriff or Gaoler, and in like manner be answerable for any Escape of such Offender; and also during such Custody should see him fed and clothed, according to a Scale of Diet and Clothing to be fixed on, and notified in Writing by One of His Majesty's Principal Secretaries of State to the Superintendant, and should keep such Offender to Labour, at such Places and under such Regulations, Directions, Limitations and Restrictions, as His Majesty should from time to time, by any Order, to be directed to such Superintendant or Overseer for their In⚫struction, appoint: And Whereas by an Act passed in the Twenty fifth Year of the Reign of His said late Majesty, similar Provisions were made with respect to Male Offenders 'convicted in Scotland, which were by the said secondly recited Act continued for the same Term: And Whereas under the • Provisions of the said Acts, many Male Convicts have been confined on board Ships or Vessels provided by His Majesty, in the River Thames and within the Limits of certain Ports or Harbours of England, and have been kept to Labour in some of His Majesty's Dock Yards, and on other Public Works of great Utility and Importance; wherefrom there have resulted not only great Advantage to the Public, but also considerable Reformation of many of the Offenders so kept to Labour: And Whereas Public Works of a similar Kind are and may here. after be undertaken in other Parts of His Majesty's Dominions out of England, on which it may be expedient to employ Male Offenders convicted in Great Britain, being under Sentence or Order of Transportation, in the same manner as Male Offenders are employed in England under the said recited Acts: 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 it shall and may be lawful for His Majesty, by any Order or Orders in Council, to declare His Royal Will and Pleasure, that Male Offenders convicted in Great Britain, and being under Sentence or Order of Transportation, shall be kept to Labour in any Part of His Majesty's Dominions out of England, to be named in such Order or Orders in Council; and that whenever His Majesty's Will and Pleasure shall be so declared in Council, it shall be lawful for His Majesty, by an Order in Writing to be notified by One of His Majesty's Principal Secretaries of State, to direct the Removal and Confinement of any such Male Offender, either at Land or on board any. Ship or Vessel to be provided by His Majesty, within the Limits of which shall be named in such Order in Council, under the any Port or Harbour in that Part of His Majesty's Dominions 6 Management |