4. Punishment for obtaining property by threat of accusing of unnatural crimes shall be felony, and transportation for life, or for not less than fifteen years, or imprisonment for not exceeding three years. 5. Punishment of stealing from the person, transportation for not exceeding fifteen nor less than ten years, or imprisonment for not exceeding three years. 6. The punishment for assault with intent to rob, felony, and, save and except in the cases where a greater punishment is provided by this Act, imprisonment for not exceeding three years. 7. Punishment for attempting to obtain property by menace, felony, and imprisonment for not exceeding three years. 8. Punishment for wrecking, transportation for not exceeding fifteen years nor less than ten years, or imprisonment for not exceeding three years. 9. Contains a precisely similar provision to the 6th section of the preceding Act, and 10 and 11 to the 7 and 8 ss. of the same Act. 12. Is the same enactment as 11 section there, and 13 and 14 as the 10 and 11 ss. PIRACY. [1 Victoria, c. 88.-17th July, 1837.] Reciting that it is expedient to amend several recited Acts from Henry VIII. to Geo. II. accordingly repeals such recited Acts. 2. The punishment of piracy when murder is attempted, shall be felony and death. 3. And whosoever shall be convicted of any offence which by any of the Acts hereinbefore referred to amounts to the crime of piracy, and is thereby made punishable with death, shall be liable, at the discretion of the court, to be transported for life, or for not less than fifteen years, or be imprisoned for not exceeding three years. 4. Contains a similar enactment to s. 9 of the preceding Act, and 5 and 6 to ss. 10 and 11. ARSON, &c. [1 Victoria, c. 89.-17th July, 1837.] Reciting that it is expedient to amend so much of the 7 and 8 Geo. IV. c. 30 (see Companion for 1828, p. 142), and of the 9 Geo. IV. c. 56 (see Companion for 1829, p. 161), as relates to the various species of the crime of arson there specified; accordingly repeals such provisions after 30th Sept., 1837, except as regards offences on or before that day. 2. The punishment for setting fire to a dwelling-house, any person being therein, shall be felony, and death. 3. And for setting fire to a church or chapel, house, warehouse, &c., or to any building or erection used in carrying on any trade or manufacture, or any branch thereof, whether the same or any of them respectively shall then be in the possession of the offender, or in the possession of any other person, with intent thereby to injure or defraud any person, shall be felony, and transportation for life, or for not less than fifteen years, or imprisonment for not exceeding three years. 4. And for setting fire to ships or vessels with intent to commit murder shall be felony, and death. 5. And the same punishment for hanging out false lights to cause shipwreck. 6. And for setting fire to ships or vessels with intent to destroy the same, with intent thereby to prejudice any owner or part owner of such ship or vessel, or of any goods on board the same, or any person that hath underwritten or shall underwrite any policy of insurance upon such ship or vessel, or on the freight thereof, or upon any goods on board the same, shall be felony, and transportation for life, or for not less than fifteen years, or imprisonment for not exceeding three years. 7. And for impeding any person endeavouring to save his life from any ship wrecked, whether he shall be on board or shall have quitted the same, shall be felony, and transportation for life, or for not less than fifteen years, or imprisonment for not exceeding three years. 8. And for destroying wrecks or any articles belonging thereto shall be felony, and transportation for not exceeding fiffeen years nor less than ten years, or imprisonment for not exceeding three years. 9. And for setting fire to coal mines shall be felony, and transportation for life, or for not less than fifteen years, or imprisonment for not exceeding three years. 10. And for setting fire to agricultural produce shall be felony, and transportation for life, or for not less than fifteen years, or imprisonment for not exceeding three years. 11. Contains the same enactment as s. 4 of the preceding cap., and 12 and 13 as ss. 5 and 6, and 13 and 14 as ss. 14 and 15 of cap. 87. TRANSPORTATION FOR LIFE. [1 Victoria, c. 90.-17th July, 1837.] Reciting that by the 2 and 3 Will. IV. c. 62 (see Companion for 1823, p. 148) persons convicted of certain offences therein mentioned are liable to be transported for life; and that by the 4 Will. IV. c. 44 (see Companion for 1834, p. 125) persons punishable by transportation for life under the said recited Act are liable, previously, in case the court shall think fit, to be imprisoned, with or without hard labour, or be confined in the penitentiary for not exceeding four years nor less than one year; and reciting also the punishment inflicted by the said last-mentioned Act on persons convicted of breaking and entering any dwelling-house, and stealing therein any chattel, money, or valuable security, to any value whatever, as principals or accessaries before the fact, repeals such provisions, and in lieu thereof enacts that every person convicted of any of such offences shall be liable to be transported for not exceeding fifteen years nor less than ten years, or to be imprisoned for not exceeding three years. 2. And reciting that by the 7 and 8 Geo. IV. c. 29, s. 14 (see Companion for 1828, p. 132) if any person should break and enter any building, and steal therein any chattel, money, or valuable security, being within the curtilage of a dwelling-house and occupied therewith, but not being part thereof, on conviction (either by indictment for the same offence, or indictment for burglary, housebreaking, or stealing to the value of five pounds in a dwelling house, containing a separate count for each offence), should be liable to be transported for life or for not less than seven years, or to be imprisoned for not exceeding four years, and if a male, to be once, twice, or thrice publicly or privately whipped (if the court should so think fit); and reciting also that by the 15th s., any person who should break and enter any shop, warehouse, or counting-house, and steal therein any chattel, money, or valuable security, should be liable to any of the punishments which the court might award as herein before last mentioned; and that by the 16th s., if any person should steal to the value of ten shillings any goods or article of silk, woollen, linen, or cotton, or of any one or more of those materials mixed with each other or mixed with any other material, whilst laid, placed, or exposed, during any stage, process, or progress of manufacture, in any building, field, or other place, he should be liable to any of the punishments which the court might award as hereinbefore last mentioned; and that by the 17th s., if any person should steal any goods or merchandize in any vessel, barge, or boat of any description whatsoever in any port of entry or discharge, or upon any navigable river or canal, or in any creek belonging to or communicating with any such port, river, or canal, or should steal any goods or merchandize from any dock, wharf, or quay adjacent to any such port, river, canal, or creek, he should be liable to any of the punishments which the court might award as hereinbefore last mentioned; and reciting also that by the 7 and 8 Geo. IV. c. 30, s. 16 (see Companion for 1828, p. 144) if any person should maliciously kill, maim, or wound any cattle, he should be guilty of felony and should be liable to be transported for life or for not less than seven years, or to be imprisoned for not exceeding four years, and if a male, to be once, twice, or thrice publicly or privately whipped (if the court should so think fit), and that by s. 18, if any person should unlawfully and maliciously cut or otherwise destroy any hopbines growing on poles in any plantation of hops, he should be guilty of felony, and should be liable to be transported for life, or for not less than seven years, or to be imprisoned for not exceeding four years, and if a male, to be once, twice, or thrice publicly or privately whipped (if the court should think fit); and reciting that it is expedient to alter and amend the said last-mentioned in part recited Acts; accordingly repeals such provisions, and in lieu thereof enacts that every person convicted of any of such offences respectively shall be liable to be transported for not exceeding fifteen years nor less than ten years, or to be imprisoned for not exceeding three years. 3 and 4. Contains the same enactment as 12 and 13 ss. of the preceding Act. 5. And as by the laws now in force it is lawful for the court before whom any person shall be convicted of certain offences for which imprisonment or imprisonment with hard labour may be awarded, to direct that the offender shall be kept in solitary confinement for the whole or any portion or portions of such imprisonment, as to such court in its discretion should seem meet; provides that it shall not be lawful for any court to direct that any offender shall be kept in solitary confinement for any longer periods than one month at a time, or than three months in the space of one year. CAPITAL PUNISHMENTS. An Act for abolishing the Punishment of Death in certain Cases. Reciting that by the 1 Geo. IV. c. 5 (the Riot Act) it was enacted, that if any persons to the number of twelve or more, being unlawfully, riotously, and tumultuously assembled together to the disturbance of the public peace, and being required or commanded by any one or more justice, or by the sheriff, or by the mayor, bailiff, or other head officer, or justice of any city or town corporate where such assembly should be, by proclamation in the King's name in the form thereinafter directed, to disperse themselves, and peaceably to depart to their habitations or to their lawful business, should to the number of twelve or more (notwithstanding such proclamation made) unlawfully, &c., continue together for one hour after such command or request made by proclamation, that then such continuing together should be adjudged felony without benefit of clergy; and reciting also that it was further enacted, that if any person did, with force and arms, wilfully and knowingly oppose, or in any manner hinder or hurt any person that should begin to proclaim, whereby such proclamation should not be made, that then every such opposing, &c., should be adjudged felony without benefit of clergy, and every such person, so unlawfully, &c., assembled, to whom proclamation should or ought to have been made if the same had not been hindered, should likewise, in case they or any of them to the number of twelve or more should continue together and not disperse themselves within one hour, having knowledge of such let or hindrance so made, be adjudged felons, and should suffer death; and reciting also that by the 25 Geo. 1. c. 37, s. 9, and by the 31 Geo. III. c. 17, s. 10 (I.), it was last; and the councillor elected by the smallest number of votes, if elected with other councillors, shall be the councillor elected to supply such extraordinary vacancy; and in every case in which more than one such extraordinary vacancy shall be so supplied, the councillor elected by the smallest number of votes shall be taken to be elected in the room of him who would regularly have first gone out of office, and the councillor elected by the next smallest number of votes shall be taken to be elected in the room of him who would regularly have next gone out of office, and so with respect to the other. 12. Provides for the election in 14 days thereafter to existing vacancies among the councillors or ward assessors. 13. Empowers the mayor or councillor to convene a meeting of the council to supply existing vacancies in the office of alderman or mayor. 14. Thenceforth the election of aldermen by the council shall be in the manner following; that is to say, every member of the council entitled to vote may vote for any number not exceeding the number of aldermen then to be chosen, by personally delivering to the mayor or chairman of the meeting a voting paper containing the christian name and surname of the persons for whom he votes, with their respective places of abode and descriptions, with the name of the member voting; and the mayor or chairman, as soon as all the voting papers have been delivered to him, shall openly produce and read the same, and immediately afterwards deliver them to the town-clerk, to be kept among the records of the borough; and in case of equality of votes among those entitled to vote, the mayor or chairman shall have a casting vote, whether or not he may be entitled to vote in the first instance. 15. Auditors and assessors disqualified to be of the council. 16. In case of illness of any alderman at election, the mayor may appoint another alderman to act in his room. 17. Assessor may appoint a deputy; such appointment to be signified to the council. 18. Any poll may be closed if an hour has elapsed without a vote being tendered. 19. Mayor, aldermen, and councillors under this Act to continue as if elected in due time. 20. Proceedings on account of defects cured by this Act to be discontinued, on payment of costs. 21. No advantage to be taken of any invalidity cured by this Act in actions brought by any corporation; but the judge may order the plaintiff to pay costs, if satisfied the invalidity would have been fatal but for this Act. 22. Any burgess may take extracts from minutes, &c. 23. Thenceforth, any proceedings of quo warranto against any mayor, &c., must be commenced within twelve months. 24. Applications may be made to Court of King's Bench for a mandamus to put a burgess on the roll, but before the end of the term next following rejection, &c. 25. In case elections are not made within the time appointed by 5 and 6 Will. IV. c. 76, and this Act, the corporations may proceed to such elections on the following day. 26. Powers given to Court of King's Bench under 11 Geo. I. c. 4, ex tended to elections under 5 and 6 Will. IV. c. 76, and this Act. 27. Freemen may be admitted who were entitled before the passing of 5 and 6 Will. IV. c. 76. 28. Money borrowed to discharge any pre-existing debt to be deemed a debt contracted before the passing of 6 and 7 Will. IV. c. 104 (see Companion for 1837, p. 145), and for which the council may contract for repayment. 29. Overseers may levy borough rates on parts exclusively of any parish within the limits of the borough. 30. Matters of local jurisdiction cognizable by the justices of any place which has ceased or may cease to be within and to be part of any borough or the liberties thereof, shall be cognizable by the justices for the county, &c. 31. Offences against local Acts made cognizable by borough justices. 32. Courts of record may be holden for all purposes within the competency of the said court (except the trial of issues in law or in fact) before any person whom the recorder shall appoint for that purpose being a barrister-at-law, or attorney of five years' practice. 33. Orders, affidavits, &c., now made by or before the recorder, may be made by or before the registrar in absence of the recorder. 34. Recorders to be sole judges of borough courts in which they act as assessors, and the provisions of 6 and 7 Will. IV. c. 105, shall extend to them. (See Companion for 1837, p. 145.) 35. Jurisdiction of Court of Record for the trial of civil actions, or of any court of requests or of conscience for the recovery of small debts within such borough, may be extended by his Majesty over any district adjacent to the said borough, and within the jurisdiction of the adjacent quarter sessions, and the 6 and 7 Will. IV. c. 105 shall apply thereto. 36. Jurors may be summoned more than once yearly when all who are qualified have been once summoned. 37. Councils of boroughs to have same powers as justices in general or quarter sessions had in relation to building, &c., gaols, &c., subject to the provisions of the Act for regulating prisons, the 5 and 6 Will. IV. c. 38, (see Companion for 1836, p. 121); and such council is to act at a quarterly meeting; but before such building, &c., the expediency thereof shall be certified under the hand of the recorder or other judge; and all rules and regulations shall be approved by two or more justices before they shall be transmitted to the secretary of state. 38. Justices of cities or boroughs to regulate gaols, &c., therein at quarterly sessions; but no order made by the justices which shall require the expenditure or payment of money shall be of force until confirmed by the council. 39. No mayor, &c., or officer, to be interested in any contract for building, &c., gaols, &c., under penalty of expulsion and future disqualification. 40. Borough gaol may be built beyond the limits of the borough. 41. Gaols, &c., under county jurisdiction previous to 6 and 7 Will. IV. c. 103, excluded from the provisions of that Act. (See Companion for 1837, p. 145.) 42. Borough debtors and prisoners in contempt may be removed to the county gaol, when such gaol is agreed to be so used under any contract between the county justices and the council; but they are not to be considered as in the legal custody of the sheriff. 43. Accounts of the borough fund shall be made up, to the last period of audit of the receipt and expenditure. 44. And as it is expedient to give all persons interested in the borough fund of every borough a more direct and easy remedy for any misapplication of such fund; enacts that any orders for payment of money may be removed into the Court of King's Bench by certiorari. 45 to 48. Prescribe the mode of transferring corporate property standing in the Bank books, &c.; charitable and not; and by what authority and to whom the dividends shall be paid; and the mode of giving receipts for the monies, and the application thereof. 49. Powers of the Act 5 and 6 W. 4. c. 76 may be granted by the Crown to towns or boroughs, though not corporate, on the petition of the inhabitant householders, but notice of such petition, and of the time when it shall please his Majesty to order that the same be taken into consideration by his Privy Council, shall be published in the London Gazette one month at least. |