Offences against the Person Act 1828

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The Offences against the Person Act 1828
Parliament of the United Kingdom
This is an Act of the Parliament of the United Kingdom. The text has been taken from the Statutes at Large (1828).

Contents

[edit]

An Act for consolidating and amending the Statutes in England relative to Offences against the Person. [27th June 1828.]

'WHEREAS it is expedient to repeal various Statutes now in force in that Part of the United Kingdom called England, relative to Offences against the Person, in order that the Provisions contained in those Statutes may be enacted and consolidated into this 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 so much of the Great Charter made in the Ninth Year of the Reign of King Henry the Third,[1] as relates to Inquisitions of Life or Member; and so much of a Statute made in the Fifty-second year of the same Reign,[2] as relates to murder; and so much of a Statute made in the Third Year of the Reign of King Edward the First,[3] as relates to Inquests of Murder, and the Writ of Odio et Atiâ, and to any Person ravishing or taking away by Force any Female as therein mentioned; and so much of a Statute made in the Fourth Year of the same Reign, intituled The Statute of Bigamy,[4] as relates to Bigamists; and so much of a Statute made in the Sixth Year of the same Reign,[5] as relates to any Person killing another by Misfortune or in his own Defence, or in other Manner without Felony; and so much of a Statute made at Westminster in the Thirteenth Year of the same Reign,[6] as relates to the Writ of Odio et Atiâ and to Rape; and so much of a Statute made in the Ninth Year of King Edward the Second, commonly called Articuli Cleri,[7] as relates to laying violent Hands on a Clerk; and so much of a Statute made in the Eighteenth Year of the Reign of King Edward the Third,[8] as relates to Bigamists; and so much of a Statute made in the Twenty-fifth Year of the same Reign,[9] as relates to Petit Treason; and so much of a Statute made in the Fiftieth Year of the same Reign,[10] as relates to the Arrest of Persons of Holy Church; and so much of an Statute made in the First Year of the Reign of King Richard the Second,[11] as relates to like Arrests; and so much of a Statute made in the Sixth Year of the same Reign,[12] as relates to Ravishers, and to Women ravished; and so much of a Statute made in the Fifth Year of the Reign of King Henry the Fourth,[13][14] as relates to cutting the Tongues or putting out the Eyes of any the King's Liege People, and to any Assault upon the Servant of a Knight of the Shire in Parliament; and so much of a Statute made in the Second Year of the Reign of King Henry the Fifth,[15] as relates to Persons fleeing for Murders, Manslaughters, Robberies, and Batteries; and so much of a Statute made in the Eleventh Year of the Reign of King Henry the Sixth,[16] as relates to any Assault or Affray made to any Lord, Knight of the Shire, Citizen, or Burgess being and attending at the Parliament or other Council of the King; and an Act passed in the Third Year of the Reign of King Henry the Seventh, intituled An Act against taking away of Women against their Wills;[17] and an Act passed in the same Year, intituled An Act that the Steward, Treasurer, and Controller of the King's House, shall enquire of Offences dome within the same;[18] and an Act passed in the Twelf Year of the same Reign, intituled An Act to make some Offences Petty Treason;[19] and an Act passed in the Twenty-fourth Year of the Reign of King Henry the Eighth, intituled An Act where a Man killing a Thief shall not forfeit his Goods;[20] and an Act passed in the Twenty-fifth Year of the same Reign, intituled An Act for the Punishment of the Vice of Buggery;[21] and so much of an Act passed in the Thirty-third Year of the same Reign, intituled An Act for Murther and malicious Bloodshed within the Court,[22] as relates to the Punishment of Manslaughter and malicious Striking; and an Act passed in the same Year, intituled An Act to proceed by a Commission of Oyer and Determiner against such Persons as shall confess Treasons, without remanding the same to be tried in the same Shire where the Offence was committed;[23] and so much of an Act passed in the First Year of the Reign of King Edward the Sixth, intituled an Act for the Repeal of certain Statutes concerning Treasons, Felonies, etc.,[24] as relates to Petty Treason and Murder, and to Bigamists, but nothing therein now in force relating to Foreign Pleas or Dower; and so much of an Act passed in the Fifth and Sixth Years of the same Reign, intituled An Act against quarrelling and fighting in Churches and Churchyards,[25] as relates to the Punishment of Persons convicted of striking with any Weapon, or drawing any Weapon with Intent to strike as therein mentioned; and an Act passed in the Fourth and Fifth Years of the Reign of King Phillip and Queen Mary, intituled An Act that Accessories in Murder and divers Felonies shall not have the Benefit of Clergy;[26] and an Act passed in the same Years, intituled An Act for the Punishement of such as shall take away Maidens that be Inheritors, being within the Age of Sixteen Years, or that marry them without Consent of their Parents;[27] and so much of an Act passed in the Fifth Year of the Reign of Queen Elizabeth, intituled An Act touching divers Orders for Artificers, Labourers, Servants of Husbandry, and Apprentices,[28] as relates to the Punishment of any Servant, Workman, or Labourer making any Assault or Affray as therein mentioned; and an Act passed in the same Year, intituled An Act for the Punishment of the Vice of Sodomy;[29] and an Act passed in the Eighteenth Year of the same Reign, intituled An Act to take away Clergy from the Offenders in Rape and Burglary, and an Order for the Delivery of Clerks convict without Purgation;[30] and an Act passed in the Thirty-ninth Year of the same Reign, An Act for taking away of Clergy from Offernders against a certain Statute made in the Third Year of the Reign of King Henry the Seventh, concerning the taking away of Women against their Wills unlawfully;[31] and an Act passed in the First Year of the Reign of King James the First, intituled An Act to take away the Benefit of Clergy from some kind of Manslaughter;[32] and an Act passed in the same Year, intituled An Act to restrain all Persons from Marriage until their former Wives and former Husbands be dead;[33] and an Act passed in the Twenty-second and Twenty-third Years of the Reign of King Charles the Second, intituled An Act to prevent malicious Maiming and Wounding;[34] and so much of an Act passed in the same Years, intituled An Act to prevent the Delivery up of Merchant Ships, and for the Increase of good and serviceable Shipping,[35] as relates to any Mariner laying violent Hands on his Commander, as therein mentioned; and so much of an Act passed in the Eleventh Year of King William the Third, intituled an Act for the more effectual Suppression of Piracy,[36] as relates to the Master of a Merchant Vessel, who shall force any Man on Shore, or wilfully leave him behind, or refuse to bring Home any Man as therein mentioned; and so much of an Act passed in the Ninth Year of Queen Anne, intituled An Act for the better preventing of excessive and deceitful Gaming,[37] as relates to the Forfeiture and Punishment of any Person assaulting and beating or challenging or provoking to fight any other Person on account of any Money won as therein mentioned; and an Act passed in the same Year, intituled An Act to make an Attempt on the Life of a Privy Councillor in the Execution of his Office to be Felony without Benefit of Clergy;[38] and so much of an Act passed in the Twelf Year of the Reign of King George the First, intituled An Act to prevent unlawful Combinations of Workmen employed in the Woollen Manufactures, and for the better Payment of their Wages,[39] as creates any Felony; and an Act passed in the Second Year of the Reign of King George the Second, intituled An Act for the Trial of Murders in cases where either the Stroke or Death only happens within that Part of Great Britain called England;[40] and so much of an Act passed in the Eleventh Year of the same Reign, intituled An Act for punishing such Persons as shall do Injuries and Violences to the Persons or Properties of His Majesty's Subjects, with Intent to hinder the Exportation of Corn,[41] as relates to any Person who shall beat, wound, or use any other Violence, to any Person or Driver, and so much thereof as makes any Second Offence Felony; and so much of an Act passed in the Twenty-second Year of the same Reign, intituled An Act for the more effectual preventing of Frauds and Abuses committed by Persons employed in the Manufacture of Hats, and in the Woollen, Linen, Fustian, Cotton, Iron, Leather, Fur, Hemp, Flax, Mohair, and Silk Manufactures; and for preventing unlawful Combinations of Journeymen Dyers and Journeyman Hotpressers, and of all Persons employed in the said several Manufactures, and for the better Payment of their Wages,[42] as extends to the Persons therein mentioned †[43] that Part of the Act of the Twelfth Year of King George the First which is hereinbefore referred to; and the whole of an Act passed in the Twenty-fifth Year of the Reign of King George the Second, intituled An Act for better preventing the horrid Crime of Murder,[44] except so far as relates to Rescues and Attempts to Rescue; and so much of an Act passed in the Twenty-sixth Year of the same Reign, intituled An Act for enforcing the Laws against Persons who steal or Shipwrecked Goods, and for the Relief of Persons suffering Loss thereby,[45] as relates to any Person who shall be assaulted, beaten, and wounded for the Exercise of his Duty in the Salvage of any Vessel, Goods, or Effects, as therein mentioned; and so much of an Act passed in the Thirtieth Year of the Reign of King George the Third, intituled An Act for discontinuing the Judgement which has been required by Law to be given against Women convicted of certain Crimes, and substituting another Judgement in lieu thereof,[46] as relates to Petit Treason; and so much of an Act passed in the Thirty-third Year of the same Reign, intituled An Act for better preventing Offences in obstructing, destroying, or damaging Ships or other Vessels, and in obstructing Seamen, Keelmen, Casters, and Ship Carpenters from pursuing their lawful Occupations,[47] as relates to any Seaman, Keelman, Caster, Ship Carpenter, or other Person, who shall prevent, hinder, or obstruct, or assault, beat, wound, or do any bodily Violence or Hurt to any Seaman, Keelman, Caster, Ship Carpenter, as therein particularly mentioned; and an Act passed in the Thirty-fifth Year of the same Reign, intituled An Act for rendering more effectual an Act passed in the First Year of the Reign of King James the First, intituled 'An Act to restrain all Persons from Marriage until their former Wives and former Husbands be dead';[48] and so much of an Act passed in the Thirty-sixth Year of the same Reign, intituled An Act to prevent Obstructions to the free Passage of Grain within the Kingdom,[49] as relates to any Person who shall beat, wound, or use any other Violence to any Person or Driver, and so much thereof as makes any Second Offence Felony; and an Act passed in the Forty-third Year of the same Reign, intituled An Act for the further Prevention of malicious shooting, and attempting to discharge loaded Fire-Arms, stabbing, cutting, wounding, poisoning, and the malicious using of Means to procure the Miscarriage of Women; and also the malicious setting Fire to Buildings; and also for repealing a certain Act, made in England in the twenty-first Year of the late King James the First, intituled, 'An Act to prevent the destroying and murthering of Bastard Children,' and also an Act made in Ireland in the sixth Year of the Reign of the late Queen Anne, also intituled, 'An Act to prevent the destroying and murthering of Bastard Children,' and for making other Provisions in lieu thereof;[50] and an Act passed in the same Forty-third Year, intituled An Act for the more effectually providing for the Punishment of Offences in wilfully casting away, burning, or destroying Ships and Vessels, and for the more convient Trial of Accessories in Felonies, and for extending the Powers of an Act made in the Thirty-third Year of the Reign of King Henry the Eighth, as far as relates to Murders, to Accessories to Murders, and to Manslaughters;[51] and an Act passed in the Fifty-fourth Year of the Reign of King George the Third, intituled An Act for the more effectual prevention of Child-stealing;[52] and so much of an Act passed in the Fifty-eighth Year of the same Reign, intituled An Act to extend and render more effectual the present Regulations for the Relief of seafaring Men and Boys, Subjects of the United Kingdom of Great Britain and Ireland, in Foreign Parts,[53] as relates to the Trial of Offences against the Act of King William the Third, hereinbefore mentioned; and so much of an Act passed in the First Year of the Reign of His present Majesty, intituled An Act to remove Doubts and to remedy Defects in the Law, with respect to certain Offences committed upon the Sea or within the Jurisdiction of the Admiralty,[54] as refers to the Act of the Forty-third Year of the Reign of King George the Third, hereinbefore first mentioned; and an Act passed in the same First Year, intituled An Act to repeal so much of the several Acts passed in the Thirty-ninth Year of the Reign of Elizabeth, the Fourth of George the First, the Fifth and Eighth of George the Second, as inflicts Capital Punishment on certain Offences therein specified, and to provide more suitable and effectual Punishment for such Offences;[55] and so much of an Act passed in the Firts and Second Years of the present Reign, intituled An Act for the Amendment of the Law of Rescue,[56] as relates to the Offences of assaulting, beating, and wounding therein mentioned; and an Act passed in the Third Year of the present Reign, intituled An Act for the further and more adequate Punishment of Persoons convicted of Manslaughter, and of Servants convicted of robbing their Masters, and of Accessories before the Fact of Grand Larceny, and certain other Felonies[57] and so much of an Act passed in the same Year, intituled An Act to provide for the more effectual Punishment of certain Offences by Imprisoment with hard Labour,[58] as relates to any of the Assaults therein mentioned; shall continue in force until and throughout the last Day of June in the present Year, and shall from and after that Day, as to that Part of the United Kingdom called England, and as to Offences committed within the Jurisdiction of the Admiralty of England, be repealed, except so far as any of the said Acts may repeal the Whole or any Part of any other Acts, and except as to Offences committed before or upon said last Day of June, which shall be dealt with and punished as if this Act had not been passed;[59] and this Act shall commence and take effect (except as hereinbefore excepted) on the First Day of July in the present Year.

Petit treason to be treated in all respects as Murder.[edit]

II. And be it enacted, That every Offence, which before the Commencement of this Act would have amounted to Petit Treason, shall be deemed to be Murder only, and no greater Offence; and all Persons guilty in respect thereof, whether as Principals or as Accessories, shall be dealt with, indicted, tried, and punished as Principals and Accessories in Murder.

Punishment of Principals and Accessories in Murder.[edit]

III. And be it enacted, That every Person convicted of Murder, or of being an Accessory before the Fact to Murder, shall suffer Death as a Felon; and every Accessory after the Fact to Murder shall be liable, at the Discretion of the Court, to be transported beyond the Seas for Life, or to be imprisioned, with or without hard Labour, in the Common Gaol or House of Correction, for any Term not exceeding Four Years.

Period of Execution, and Marks of Infamy.[edit]

IV. And be it enacted, That every Person convicted of Murder shall be executed according to Law on the Day next but One after that on which the Sentence shall be passed, unless the same shall happen to be Sunday, and in that Case on the Monday following; and the Body of every Murderer shall, after Execution, either be dissected or hung in Chains, as to the Court shall seem meet;[60] and Sentence shall be pronounced immediately after the Conviction of every Murderer, unless the Court shall seem reasonable Cause for postponing the same; and such Sentence shall not only the usual Judgment of Death, but also the Time hereby appointed for the Execution thereof, and that the Body of the Offender shall be dissected or hung in Chains, whichsoever of the Two the Court shall order:[61] Provided always, that after such Sentence shall have been pronounced, it shall be lawful for the Court or Judge to stay the Execution thereof, if such Court or Judge shall so think fit.

As to the Dissection of the Bodies of Murderers.[edit]

V. And be it enacted, That whenever Dissection shall be ordered by such Sentence, the Body of the Murderer, if executed in the County of Middlesex or City of London, shall be immediately conveyed by the Sheriff or Sheriffs, or his or their Officers, to the Hall of the Surgeon's Company, or to such other Place as the said Company shall appoint, and shall be delivered to such Person as the said Company shall appoint, for the Purpose of being dissected; and the Body of the Murderer, if executed elsewhere, shall in like Manner be delivered to such Surgeon as the Court or Judge shall direct, for the same Purpose.

Prison Regulations as to Murderers under Sentence.[edit]

VI. And be it enacted, That every Person convicted of Murder shall, after Judgement, be confined in some safe Place within the Prison, apart from all other Prisoners, and shall be fed with Bread and Water only, and with no other Food or Liquor, except in case of receiving the Sacrement, or in case of any Sickness or Wound, in which case the Surgeon of the Prison may order other Neccessaries to be administered; and no Person but the Gaoler and his Servants, and the Chaplain and Surgeon of the Prison, shall have access to any such Convict, without the Permission in Writing of the Court or Judge before whom such Convict shall have been tried, or of the Sheriff or his Deputy: Provided always, that in case the Court or Judge shall think fit to respite the Execution of such Convict, such Court or Judge may, by a Licence in Writing, relax, during the Period of the Respite, all or any of the Restraints or Regulations hereinbefore directed to be observed.

British subjects may be tried in England for Murder or Manslaughter committed abroad[edit]

VII. And be it enacted, That if any of His Majesty's subjects shall be charged in England with any Murder or Manslaughter, or with being an accessory before the Fact to any Murder or Manslaughter, or after the Fact to any Murder or Manslaughter, the same being respectively committed on Land out of the United Kingdom, whether within the King's dominions or without, it shall be lawful for any Justice of the Peace of the County or Place where the Person so charged shall be, to take Cognizance of the Offence so charged, and to proceed therein as if the same had been committed within the Limits of his ordinary Jurisdiction; and if any Person so charged shall be committed for Trial, or admitted to bail to answer such Charge, a Commission of Oyer and Terminer under the Great Seal shall be directed to such Persons, and into such County or Place as shall be appointed by the Lord Chancellor, or Lord Keeper, or Lords Commissioners of the Great Seal, for the speedy Trial of any such Offender; and such Persons shall have full Power to enquire of, hear, and determine all such Offences, within the County or Place limited in their Commission, by such good and lawful Men of the said County or Place as shall be returned before them for that Purpose, in the same Manner as if the Offences had been actually committed in the said County or Place:[62] Provided always, that if any Peers of the Realm, or Persons entitled to the Privilege of Peerage, shall be indicted of any such Offences, by virtue of any Commission to be granted as aforesaid, they shall be tried by their Peers in the Manner heretofore used: Provided also, that nothing herein contained shall prevent any Person from being tried in any Place out of this Kingdom for any Murder or Manslaughter committed out of this Kingdom, in the same manner as such Person might have been tried before the passing of this Act.

Provision for the Trial of Murder and Manslaughter, where the Death, or the Cause of Death only, happens in England.[edit]

VIII. And be it enacted, That where any Person, being feloniously stricken, poisoned, or otherwise hurt upon the Sea, or at any Place out of England, shall die of such Stroke, Poisoning or Hurt in England, or, being feloniously stricken, poisoned, or otherwise hurt at any Place in England, shall die of such Stroke, Poisoning or Hurt upon the Sea, or at any Place out of England, every Offence committed in respect of any such Case, whether the same shall amount to the Offence of Murder or of Manslaughter, or of being accessory before the Fact to Murder, or after the Fact to Murder or Manslaughter, may be dealt with, enquired of, tried, determined, and punished in the County or Place in England in which such Death, Stroke, Poisoning or Hurt shall happen, in the same Manner in all respects as if such Offence had been wholly committed in that County or Place.

Punishment of Manslaughter.[edit]

IX. And be it enacted, That every Person convicted of Manslaughter 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, with or without hard Labour, in the Common Gaol or House of Correction, for any Term not exceeding Four Years, or to pay such Fine as the Court shall award.

As to Homicide not felonious.[edit]

X. Provided always, and be it enacted, That no Punishment or Forfeiture shall be incurred by any Person who shall kill another by Misfortune, or in his own Defence, or in any other Manner without Felony.

Attempts to murder, when evidenced by certain Acts, shall be Capital.[edit]

XI. And be it enacted, That if any Person unlawfully and maliciously shall administer or attempt to administer to any Person, or shall cause to be taken by any Person, any Poison or other destructive Thing, or shall unlawfully and maliciously attempt to drown, suffocate, or strangle any Person, or shall unlawfully and maliciously shoot at any Person, or shall by drawing a Trigger or in any other Manner, attempt to discharge any kind of loaded Arms at any Person, or shall unlawfully and maliciously stab, cut, or wound any Person, with Intent, in any of the Cases aforesaid, to murder such Person, every such Offender, and every Person counselling, aiding, or abetting such Offender, shall be guilty of Felony, and being convicted thereof, shall suffer Death as a Felon.

Shooting at, or stabbing, cutting, or wounding any Person, with intent to maim, &c. shall be Capital, provided the Case would have been Murder if Death had ensued.[edit]

XII. And be it further enacted, That if any Person unlawfully and maliciously shall shoot at any Person, or shall, by drawing a Trigger, or in any other Manner, attempt to discharge any Kind of loaded Arms at any Person, or shall unlawfully and maliciously stab, cut, or wound any Person, with Intent, in any of the Cases aforesaid, to maim, disfigure, or disable such Person, or to do some other grievously bodily Harm to such Person, or with Intent to resist or prevent the lawful Apprehension or Detainer of the Party so offending, or of any of his Accomplices, for any Offence for which he or they may respectively be liable by Law to be apprehended or detained, every such Offender, and every Person counselling, aiding, or abetting such Offender, shall be guilty of Felony, and being convicted thereof, shall suffer Death as a Felon: Provided always, that in case it shall appear, on the Trial of any Person indicted for any of the Offences above specified, that such Acts of shooting, or of attempting to discharge loaded Arms, or of stabbing, cutting, or wounding as aforesaid, were committed under such Circumstances, that if Death had ensued therefrom, the same would not in Law have amounted to the Crime of Murder, in every such Case the Person so indicted shall be acquitted of Felony.

Administering Poison or using any Means to procure the Miscarriage of a Woman quick with Child. The like as to a Woman not quick with Child.[edit]

XIII. And be it enacted, That if any Person, with Intent to procure the Miscarriage of any Woman then being quick with Child, unlawfully and maliciously shall administer to her, or cause to be taken by her, any Poison or other noxious Thing, or shall use any Instrument or other Means whatever with the like Intent, every such Offender, and every Person counselling, aiding, or abetting such Offender, shall be guilty of Felony, and being convicted thereof, shall suffer Death as a Felon; and if any Person, with Intent to procure the Miscarriage of any Woman not being, or not being proved to be, then quick with Child, unlawfully and maliciously shall administer to her, or cause to be taken by her, any Medicine or other Thing, or shall use any Instrument or other Means whatever with the like Intent, every such Offender, and every Person counselling, aiding, or abetting such Offender, shall be guilty of Felony, and being convicted thereof, shall be liable, at the Discretion of the Court, to be transported beyond the Seas for any Term not exceeding Fourteen Years nor less than Seven Years, or to be imprisoned, with or without hard Labour, in the Common Gaol or House of Correction, for any Term not exceeding Three 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.

A Woman secreting the dead Body of her Child, to conceal the Fact of its Birth, guilty of Misdemeanor.[edit]

XIV. And be it enacted, That if any Woman shall be delivered of a Child, and shall, by secret burying or otherwise disposing of the dead Body of the said Child, endeavour to conceal the Birth thereof, every such Offender shall be guilty of a Misdemeanor, and being convicted thereof, shall be liable to be imprisoned, with or without hard Labour, in the Common Gaol or House of Correction, for any Term not exceeding Two Years; and it shall not be necessary to prove whether the Child died before, at, or after its Birth:[63] Provided always, that if any Woman tried for the Murder of her Child shall be aquitted thereof, it shall be lawful for the Jury, by whose Verdict she shall be aquitted, to find, in case it shall so appear in Evidence, that she was delivered of a Child, and that she did, by secret burying or otherwise disposing of the dead Body of such Child, endeavour to conceal the Birth thereof, and thereupon the Court may pass such Sentence as if she had been convicted upon an Indictment for the Concealment of the Birth.

Sodomy.[edit]

XV. And be it enacted, That every Person convicted of the abominable Crime of Buggery, committed either with Mankind or with any Animal, shall suffer Death as a Felon.

Rape.[edit]

XV. And be it enacted, That every Person convicted of the Crime of Rape shall suffer Death as a Felon.

Carnal Knowledge of a Girl under 10. The like of a Girl above 10 and below 12.[edit]

XVI. And be it enacted, That if any Person shall unlawfully and carnally know and abuse any Girl under the Age of Ten Years, every such Offender shall be guilty of Felony, and being convicted thereof, shall suffer Death as a Felon; and if any Person shall unlawfully and carnally know and abuse any Girl, being above the Age of Ten Years and under the Age of Twelve Years, every such Offender shall be guilty of a Misdemeanor, and being convicted thereof, shall be liable to be imprisoned, with or without hard Labour, in the Common Gaol or House of Correction, for such Term as the Court shall award.

What shall be sufficient Proof of carnal Knowledge in the Four preceding Cases.[edit]

XVIII. 'And Whereas upon Trials for the Crimes of Buggery and of Rape, and of carnally abusing Girls under the respective Ages hereinbefore mentioned, Offenders frequently escape by reason of the Difficulty of the Proof which has been required of the Completion of those several Crimes;' for Remedy thereof be it enacted, That it shall not be necessary, in any of those Cases, to prove the actual Emission of Seed to constitute carnal Knowledge, but that the carnal Knowledge shall be deemed complete upon Proof of Penetration only.

Forcible Abduction of a Woman on account of her Fortune, with Intent to marry her, &c.[edit]

XIX. And be it enacted, That where any Woman shall have any Interest, whether legal or equitable, present or future, absolute, conditional, or contingent, in any Real or Personal Estate, or shall be an Heiress presumptive or next of Kin to any one having such an Interest, if any Person shall, from Motives of Lucre, take away or detain such Woman against her Will, with Intent to marry or defile her, or to cause her to be married or defiled by any other Person, every such Offender, and every Person counselling, aiding, or abetting such Offender, shall be guilty of Felony, and being convicted thereof, shall be liable to be transported beyond the Seas for Life, or for any Term not less than Seven Years, or to be imprisoned, with or without hard Labour, in the Common Gaol or House of Correction, for any Term not exceeding Four Years.

Unlawful abduction of a Girl from her Parents or Guardians.[edit]

XX. And be it enacted, That if any Person shall unlawfully take, or cause to be taken, any unmarried Girl, being under the Age of Sixteen Years, out of the Possession and against the Will of her Father or Mother, or of any Person having the lawful Care or Charge of her, every such Offender shall be guilty of a Misdemeanor, and being convicted thereof, shall be liable to suffer such Punishment, by Fine or Imprisonment, or by both, as the Court shall award.

Child-stealing.[edit]

XXI. And be it enacted, That if any Person shall maliciously, either by Force or Fraud, lead or take away, or decoy or entice away, or detain, any Child under the Age of Ten Years, with Intent to deprive the Parent or Parents, or any Person having the lawful Care or Charge of such Child, of the Possession of such Child, or with Intent to steal any Article upon or about the Person of such Child, to whomsoever such Article may belong; or if any Person shall, with any such Intent as aforesaid, receive or harbour any such Child, knowing the same to have been, by Force or Fraud, led, taken, decoyed, enticed away, or detained as hereinbefore mentioned; every such Offender, and every Person counselling, aiding, or abetting such Offender, shall be guilty of Felony, and being convicted thereof, shall be liable to be transported beyond the Seas for the Term of Seven Years, or to be imprisoned, with or without hard Labour, in the Common Gaol or House of Correction, 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 think fit), in addition to such Imprisonment:[64] Provided always, that no Person who shall have claimed to be the Father of an illegitimate Child, or to have any Right to the Possession of such Child, shall be liable to be prosecuted by virtue hereof, on account of his getting Possession of such Child, or taking such Child out of the Possession of the Mother, or any other Person having the lawful Charge thereof.

Bigamy.[edit]

XXII. And be it enacted, That if any Person, being married, shall marry any other Person during the Life of the former Husband or Wife, whether the Second Marriage shall have taken Place in England or elsewhere, every such Offender, and every Person counselling, aiding, or abetting such Offender, shall be guilty of Felony, and being convicted thereof, shall be liable to be transported beyond the Seas for the Term of Seven Years, or to be imprisoned, with or without hard Labour, in the Common Gaol or House of Correction, for any Term not exceeding Two Years;[65] and any such Offence may be dealt with, enquired of, tried, determined, and punished in the County where the Offender shall be apprehended or be in Custody, as if the Offence had been actually committed in that County:[66] Provided always, that nothing herein contained shall extend to any Second Marriage contracted out of England by any other than a Subject of His Majesty, or to any Person marrying a Second Time, whose Husband or Wife shall have been continually absent from such Person for the Space of Seven Years then last past, and shall not have been known by such Person to be living within that Time, or shall extend to any Person who at the Time of such Second Marriage shall have been divorced from the Bond of the First Marriage, or to any Person whose former Marriage shall have been declared void by the Sentence of a Court of competant Jurisdiction.

Arresting a Clergyman during Divine Service.[edit]

XXIII. And be it enacted, That if any Person shall arrest any Clergyman upon any Civil Process, while he shall be performing Divine Service, or shall, with the Knowledge of such Person, be going to perform the same, or returning from the Performance thereof, every such Offender shall be guilty of a Misdemeanor, and being convicted thereof, shall suffer such Punishment, by Fine or Imprisonment, or by both, as the Court shall award.

Punishment for Assaults on Officers, &c. for their Endeavours to save shipwrecked Property.[edit]

XXIV. And be it enacted, That if any Person shall assault and strike or wound any Magistrate, Officer, or other Person whatsoever lawfully authorised, on account of the Exercise of his Duty in or concerning the Preservation of any Vessel, Goods, or Effects wrecked, stranded, or cast on Shore, or lying under Water, every such Offender shall, being convicted thereof, shall be liable to be transported beyond the Seas for the Term of Seven Years, or to be imprisoned, with or without hard Labour, in the Common Gaol or House of Correction, for such Term as the Court shall award.

Assaults with Intent to commit Felony; Assaults on Peace Officers; or to prevent the Arrest of Offenders; in pursuance of a Conspiracy to raise Wages; punishable with hard Labour.[edit]

XXV. And be it enacted, That where any Person shall be charged with and convicted of any of the following Offences as Misdemeanors; that is to say, of any Assault with Intent to commit Felony, or of any Assault upon any Peace Officer or Revenue Officer in the due Execution of his Duty, or upon any Person acting in aid of such Officer; of any Assault upon any Person with Intent to resist of Prevent the lawful Apprehension or Detainer of the Party so assaulting, or of any other Person, for any Offence for which he or they may be liable by Law to be apprehended or detained; or of any Assault committed in pursuance of any Conspiracy to raise the Rate of Wages; in any such Case the Court may sentence the Offender to be imprisoned, with or without hard Labour, in Common Gaol or House of Correction, for any Term not exceeding Two Years, and may also (if it shall so think fit) fine the Offender, and require him to find Sureties for keeping the Peace.

Assault on any Seaman, &c. to prevent him from working; Assaults with Intent to obstruct the buying or selling of Grain, or its free Passage; punishable before Two Magistrates, with Imprisonment not exceeding Three Months.[edit]

XXVI. And be it enacted, That if any Person shall unlawfully and with Force hinder any Seaman, Keelman, or Caster from working at or exercising his lawful Trade, Business, or Occupation, or shall beat, wound, or use any other Violence to him, with Intent to deter or hinder him from working at or exercising the same; or if any Person shall beat, wound, or use any other Violence to any Person, with Intent to deter or hinder him from selling or buying any Wheat or other Grain, Flour, Meal, or Malt, in any Market or other Place, or shall beat, wound, or use any other Violence to any Person having the Care or Charge of any Wheat or other Grain, Flour, Meal, or Malt, whilst on its Way to or from any City, Market Town or other Place, with Intent to stop the Conveyance of the same, every such Offender may be convicted thereof before Two Justices of the Peace, and imprisoned and kept to hard Labour in Common Gaol or House of Correction, for any Term not exceeding Three Calendar Months: Provided always, that no Person, who shall be punished for any such Offence by virtue of this Provision, shall be punished for the same Offence by virtue of any other Law whatsoever.

Persons committing any Common Assault or Battery may be compelled by Two Magistrates to pay Fine and Costs not exceeding 5l.[edit]

XXVII. 'And Whereas it is expedient that a summary Power of punishing Persons for Common Assaults and Batteries should be provided under the Limitations hereinafter mentioned;' Be it therefore enacted, That where any Person shall unlawfully assault or beat any other Person, it shall be lawful for Two Justices of the Peace, upon Complaint of the Party aggrieved, to hear and determine such Offence, and the Offender, upon conviction thereof before them, shall forfeit and pay such Fine as shall appear to them meet, not exceeding, together with Costs (if ordered), the Sum of Five Pounds, which Fine shall be paid to one of the Overseers of the Poor, or to some other Officer of the Parish, Township or Place in which the Offence shall have been committed, to be by such Overseer or Officer paid over to the Use of the general Rate of the County, Riding, or Division in which such Parish, Township, or Place shall be situate; whether the same shall or shall not contribute to such general Rate;[67] and the Evidence of any Inhabitant of the County, Riding, or Division shall be admitted in Proof of the Offence, notwithstanding such Application of the Fine incurred thereby;[68] and if such Fine shall be awarded by the said Justices, together with the Costs (if ordered), shall not be paid, either immediately after the Conviction, or within such Period as the said Justices shall at the Time of the Conviction appoint, it shall be lawful for them to commit the Offender to the Common Gaol or House of Correction, there to be imprisoned for any Term not exceeding Two Calendar Months unless such Fine and Costs be sooner paid;[69] but if the Justices, upon the Hearing of any such Case of Assault or Battery, shall deem the Offence not to be proved, or shall find the Assault or Battery to have been justified, or so trifling as not to merit any Punishment, and shall accordingly dismiss the Complaint, they shall forthwith make out a Certificate under their Hands, stating the Fact of such Dismissal, and shall deliver such Certificate to the Party against whom the Complaint was preferred.

Such Certificate or Conviction shall be a Bar to any other Proceedings.[edit]

XXVIII. And be it enacted, That if any Person against whom any such Complaint shall have been preferred for any Common Assault or Battery, shall have obtained such Certificate as aforesaid, or having been convicted shall have paid the whole Amount adjudged to be paid under such Conviction, or shall have suffered the Imprisonment awarded for the Nonpayment thereof, in every such Case he shall be released from all further or other Proceedings, Civil or Criminal for the same Cause.

These Provisions not to apply to aggravated Cases, &c.[edit]

XXIX. Provided alsways, and be it enacted, That in case the Justices shall find the Assault or Battery complained of to have been accompanied by any Attempt to commit Felony, or shall be of Opinion that the same is, from any other Circumstance, a fit Subject for a Prosecution on Indictment, they shall abstain from any Adjudication thereupon, and shall deal with the Case in all respects in the same Manner as they would have done before the passing of this Act: Provided also, that nothing herein contained shall authorise any Justices of the Peace to hear and determine any Case of Assault or Battery in which any Question shall arise as to the Title to any Lands, Tenements, Hereditaments, or any Interest therein or accruing therefrom, or as to any Bankruptcy or Insolvency, or any Execution under the Process of any Court of Justice.

Punishment for the Master of a Merchant Vessel forcing a Seaman on Shore, or refusing to bring him Home.[edit]

XXX. And be it enacted, That if any Master of a Merchant Vessel shall, during his being Abroad, force any Man on Shore, or wilfully leave him behind in any of Hia Majesty's Colonies or elsewhere, or shall refuse to bring him Home with him again all such of the Men whom he carried out with him, as are in a Condition to return when he shall be ready to proceed on his homewardbound Voyage, every such Master shall be guilty of a Misdemeanor, and being lawfully convicted thereof, shall be imprisoned for such Term as the Court shall award;[70] and all such Offences may be prosecuted by Indictment or by Information, at the Suit of His Majesty's Attorney General, in the Court of King's Bench, and may be allegded in the Indictment or Information to have been committed at Westminster in the County of Middlesex; and the said Court is hereby authorised to issue One or more Commissions, if necessary, for the Examination of Witnesses Abroad; and Depositions taken under the same shall be received in Evidence on the Trial of every such Indictment or Information.

Provision for Accessories to Offences against this Act.[edit]

XXXI. And be it enacted, That every Accessory before the Fact, to any Felony punishable under this Act, for whom no Punishment has been hereinbefore provided, shall be liable, at the Discretion of the Court, to be transported beyond the Seas, for any Term not exceeding Fourteen Years nor less than Seven Years, or to be imprisoned, with or without hard Labour, in the Common Gaol or House of Correction, for any Term not exceeding Three Years; and every Accessory after the Fact to any Felony punishable under this Act (except Murder), shall be liable to be imprisoned, with or without hard Labour, in the Common Gaol or House of Correction, for any Term not exceeding Two Years; and every Person who shall counsel, aid, or abet the Commission of any Misdemeanor punishable under this Act, shall be liable to be proceeded against and punished as a principal Offender.

As to Offences against this Act committed at Sea.[edit]

XXXII. And be it enacted, That all Indictable Offences mentioned in this Act, which shall be committed within the Jurisdiction of the Admiralty of England, shall be deemed to be Offences of the same Nature, and liable to the same Punishments, as if they had been committed upon the Land in England, and may be dealt with, enquired of, tried, and determined in the same Manner as any other Offences committed within the Jurisdiction of the Admiralty of England:[71] Provided always that nothing herein contained shall affect any of the Laws relating to the Government of His Majesty's Land or Naval Forces.

Provisions for Offences against this Act punishable on summary Conviction.[edit]

XXXIII. And for the more effectual Prosecution of Offences punishable on summary Conviction by virtue of this Act, be it enacted, That where any Person shall be charged on the Oath of a credible Witness before any Justice of the Peace with any such Offence, the Justice may summon the Person charged to appear before any Two Justices of the Peace at a Time and a Place to be named in such Summons, and if he shall not appear accordingly, then (upon Proof of the due Service of the Summons upon such Person by delivering the same to him) the Justices may either proceed to hear and determine the case ex parte, or may issue their Warrant for apprehending such Person and bringing him before them; or the Justice before whom the Charge shall be made may (if he shall so think fit) issue such Warrant in the first Instance, without any previous Summons.

Time for summary Proceedings.[edit]

XXXIV. Provided always, and be it enacted, that the Prosecution for every Offence punishable on summary Conviction by virtue of this Act shall be commenced within Three Calendar Months after the Commission of the Offence, and not otherwise.

Form of Conviction.[edit]

XXXV. And be it enacted, That the Justices before whom any Person shall be summarily Convicted of any Offence under this Act may cause the Conviction to be drawn up in the following Form of Words, or in any other Form of Words to the same Effect, as the Case shall require; (that is to say,)

'BE it remembered, That on the . . . Day of . . . in the Year of our Lord . . . at . . . 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.O. did [specify the Offence, and the Time and the 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 Offence 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 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.O. on or before the . . . Day of . . .], and we direct that the said Sum of . . . [i.e. the Amount of the Fine] shall be paid to . . . of . . . aforesaid, in which the said Offence was committed, 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 aggrieved]. Given under our Hands the Day and Year first above mentioned.'

No Certiorari, &c.[edit]

XXXVI. And be it enacted, That no such Conviction shall be quashed for Want of Form, or be removed by Certiorari or otherwise into any of His 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.

Not to repeal any Act relating to High Treason, the Revenue, or Combinations.[edit]

XXXVII. Provided always, and be it enacted, That nothing in this Act contained shall affect or alter any Act, so far as it relates to the Crime of High Treason, or to any Branch of the Public Revenue, or shall affect or alter any Act for the Prevention of Smuggling, or any Part of the Act passed in the Sixth Year of the present Reign, intituled, An Act to repeal the Laws relating to the Combination of Workmen, and to make other Provisions in lieu thereof.

Not to extend to Scotland or Ireland.[edit]

XXXVIII. Provided also, and be it enacted, That nothing in this Act contained shall extend to Scotland or Ireland.

Marginal citations and other marginal notes that are not included in the text of the Act above[edit]

  1. Repeal of 9 H.3. c.26.
  2. 52 H.3. c.25.
  3. 3 Ed.1. c.11. & 13.
  4. 4 Ed.1. st.3. c.5.
  5. 6 Ed.1. c.9
  6. 13 Ed. 1. st.1. c.29. & 34.
  7. 9 Ed.2. st.1. c.3.
  8. 18 Ed.3. st.3. c.2.
  9. 25 Ed.3. st.5. Part of c.2.
  10. 50 Ed.3. c.5.
  11. 1 Ric.2. c.15.
  12. 6 Ric.2. st.1. c.6.
  13. 5 H.4. c.5.
  14. 5 H.4. c.6.
  15. 2 H.5. st.1. c.9
  16. 11 H.6. c.11.
  17. 3 H.7. c.2.
  18. 3 H.7. c.14.
  19. 12 H.7. c.7.
  20. 24 H.8. c.5.
  21. 25 H.8. c.6.
  22. 33 H.8. c.12. Part of s.6. to s.18.
  23. 33 H.8. c.23
  24. 1 Ed.6. c.12. s. 10. 13. 16. & 22.
  25. 5 & 6 Ed.6. c.4. s.3.
  26. 4 & 5 P. & M. c.4.
  27. 4 & 5 P. & M. c.8.
  28. 5 Eliz. c.4. s.21.
  29. 5 Eliz. c.17.
  30. 18 Eliz. c.7.
  31. 39 Eliz. c.9.
  32. Vulgo 2 J.1. c.8.
  33. Vulgo 2 J.1. c.11.
  34. 22 & 23 C.2. c.1.
  35. 22 & 23 C.2. c.11. s.9.
  36. Vulgo 11 & 12 W.3. c.7. s.18.
  37. 9 Ann. c.14. s.8.
  38. 9 Ann. c.16.
  39. 12 G.1. c.34. s.6.
  40. 2 G.2. c.21.
  41. 11 G.2. c.22. Part of s.1. & 2.
  42. 22 G.2. c.27. Part of s.12.
  43. † Sic.
  44. 25 G.2. c.37. except s.9. & 10.
  45. 26 G.2. c.19. s.11.
  46. 30 Geo.3. c.48.
  47. 33 G.3. c.67. s.2.
  48. 35 G.3. c.67.
  49. 36 G.3. c.9. Part of s.1. & .2.
  50. 43 G.3. c.58.
  51. 43 G.3. c.113.
  52. 54 G.3. c.101.
  53. 58 G.3. c.38. s.1.
  54. 1 G.4. c.90. s.2.
  55. 1 G.4. c.115.
  56. 1 & 2 G.4. c.88.
  57. 3 G.4. c.38.
  58. 3 G.4. c.114.
  59. Commencement of this Act.
  60. Sentenced to be pronounced immediately.
  61. Power to respite.
  62. Proviso.
  63. Proviso
  64. Not to extend to Fathers taking their illegitimate Children.
  65. Place of Trial.
  66. Exceptions.
  67. Application of the Fine.
  68. Commitment on Nonpayment.
  69. If the Magistrates dismiss the Complaint, they shall make out a Certificate to that Effect.
  70. Mode of Trial, &c.
  71. Not to affect the Laws relating to the Forces
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