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XIV. That if any person being arraigned upon or charged with No. 1. any indictment or information for treason, felony, piracy, or misde- Act 4 W. 4, meanour, shall stand mute of malice, or will not answer directly to c. 25. the indictment or information, in every such case it shall be lawful for the Court, if it shall so think fit, to order the proper officer to Persons standenter a plea of “Not Guilty" on behalf of such person, and the
ing mute, the plea so entered shall have the same force and effect as if such person cord a plea of had actually pleaded the same.
“ Not Guilty," and proceed to trial. XV. That if any person indicted for any treason, felony, or In indictmen's piracy, shall challenge, peremptorily, a greater number of the men for treason, &c. returned to be of the jury than twenty in any of the said cases,
not more than
twenty persons every peremptory challenge beyond that number, in any of the said mayb cases, shall be entirely void, and that the trial of such person shall lenged. proceed as if no such challenge had been made.
XVI. That no plea, setting forth any attainder, shall be pleaded in bar of any indictment, unless the attainder be for the same offence as that charged in the indictment.
XVII. That where any person shall be indicted for treason or Duty of Jury felony, the jury empanelled to try such person shall not be charged relative to the to inquire concerning his lands, tenements, or goods, nor whether
lands, &c., of
Felons. he fled for such treason or felony.
XVIII. That benefit of clergy, with respect to persons convicted Benefit of of felony shall be abolished ; but that nothing herein contained Clergy to Fe.
lons abolished. shall prevent joinder in any indictment of any counts which might lon have been joined before the passing of this Act.
XIX. That no person convicted of felony shall suffer death unless When Felons it be for some felony which was excluded from the benefit of clergy, a.e not to sufier before or on the first day of the present Session of Assembly, or deatii. which hath been, or shall be made punishable with death by some Act or Statute passed after that day.
XX. That every person convicted of any felony not punishable How persons with death shall be punished, in the manner prescribed by the sta- convicted of
on any Felony not tute or statutes specially relating to such felony; and that every
in felony ; ma unat every punishable with person convicted of any felony, for which no punishment hath been death are to be or hereafter may be specially provided, shall be deemed to be punished. punishable under this Act, and shall be liable, at the discretion of the Court, 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.
XXI. And with regard to the place and mode of imprisonment Place and for all offences punishable under this Act; Be it, &c., That where mode of imany person shall be convicted of any offence punishable under this
for otienens Act, for which imprisonment may be awarded, it shall be lawful for under this Act. the Court to sentence the offender to be imprisoned, or to be imprisoned and kept to hard labour in the common gaol or house of correction, and also to direct that the offender shall be kept in solitary confinement for the whole or any portion or portions of such im prisonment, or of such imprisonment with hard labour, as to the Court, in its discretion, shall secm meet.
XXII. That wherever sentence shall be passed for felony on a Punishment of person already imprisoned under sentence for another crime, it Felons imprishall be lawful for the Court to award imprisonment for the subse- soned under quent offence, to commence at the expiration of the imprisonment sentence for to which such person shall have been previously sentenced; and
No. 1. where such person shall be alrcady under sentence of imprisonAct 4 W.4, ment, the Court may award such sentence for the subsequent offence c. 25. to commence at the expiration of the imprisonment to which such
person shall have been previously sentenced, although the aggregate term of imprisonment may exceed the term for which those punish
ments could be otherwise awarded. Exemplary
XXIII. And whereas, it is expedient to provide for the more punishment of exemplary punishment of offenders who commit felony after a preFelons who commit Felony
vious conviction for felony, whether such previous conviction shall after a previous have taken place before or after the commencement of this Act; conviction pro- Be it, &c., That if any person shall be convicted of any felony, vided for.
not punishable with death, committed after a previous conviction for felony, such person shall, on such subsequent conviction, be liable, at the discretion of the Court, to be imprisoned for any term not exceeding four 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; and in any indictment for any such felony committed after a previous conviction for felony, it shall be sufficient to state that the offender was at a certain time and place convicted of a felony, without otherwise describing the previous felony: and a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for the previous felony, purporting to be signed by the clerk of the Court or other officer having the custody of the records of the Court where the offender was first convicted, or by the deputy of such clerk or officer, shall, upon proof of the identity of the person of the offender, be sufficient evidence of the first conviction, without proof of the signature or official character of the person appearing to have signed the same; and if any such clerk, officer, or deputy shall utter a false certificate of any indictment and conviction for a previous felony, or if any person other than such clerk, officer, or deputy shall sign any such certificate as such clerk, officer, or deputy, or shall utter any such certificate, with a false or counterfeit signature thereto, every such offender shall be guilty of felony, and being lawfully convicted thereof, shall be liable, at the discretion of the Court, to be imprisoned for any term not excecding 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.
XXIV. That all offences prosecuted in the Court of Vice-Admiralty Sessions in these islands 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. In case of
XXV. That when the King's Majesty shall be pleased to extend parlon by the Crown or
his royal mercy to any offender convicted of any felony punishable President. with death or otherwise, and by warrant under his royal sign
manual, or the sign-manual of the President, or other officer administering this Government in His Majesty's name, shall grant to such offender either a free or 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 Pardon not to
offender, as to the felony for which such pardon shall be so granted : affect subsequent convic Provided always, That no free pardon, nor any such discharge in
tions for Fe
consequence thereof, nor any conditional pardon, nor the perform- No. 1. ance of the condition thereof, in any of the cases aforesaid shall Act 4 W. 4, prevent or mitigate the punishinent to which the offender might otherwise be lawfully sentenced on a subsequent conviction for any tions felony committed after the granting of any such pardon.
XXVI. That wherever this or any other statute relating to any Statute applioffence, whether punishable upon indictment, information or sum- cable whether mary conviction, in describing or referring to the offence, or the expressed in
the singular or subject matter with respect to which it shall be committed, or the plural number. offender, or the party affected, or intended to be affected by the and shall, offence, hath used, or shall use words importing the singular though not
ssed, be number or the masculine gender only, yet the statute shall be
held to refer understood to include several matters as well as one matter, and to fem several persons as well as one person, and females as well as males, well as males, and bodies corporate as well as individuals, unless it be otherwise and to bodies specially provided, or there be something in the subject or context corporate as
well as to indirepugnant to such construction, and wherever any forfeiture or
viduals. 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.
XXVII. Suspends part of Declaratory Act, 40 Geo. 3, c. 2.
No. 2. Act 4 Vic.
No. 2.-4 Vic. ch. 30. Declares the following Acts of Parliament
relating to criminal proceedings to be in force in the Colony. 4 Geo. 4, ch. 48. An Act for enabling Courts to abstain from pronouncing sentence of death in certain capital felonies.
9 Geo. 4, ch. 32. An Act for amending the law of evidence in eertain cases.
6 & 7 Wm. 4, ch. 111. An Act to prevent the fact of a previous conviction being given in evidence to the jury on the case before them, except when evidence to character is given.
6 & 7 Wm. 4, ch. 114. An Act for enabling persons indicted of felony to make their defence by counsel or attorney.*
No. 3.-8 Vic. ch.4. An Act to authorize the mitigation of pecuniary
penalties in certain cases. (11th February, 1815.) See this Act in extenso, post, Class XI. of this part, No. 1.
No. 4.-Act of Parliament, 12 & 13 Vic. ch. 96. An Act to provide No. 4.
for the Prosecution and Trial in Her Majesty's Colonies of Act of Parl. Offences committed within the Jurisdiction of the Admiralty. 12 & 13 Vic.
c. 96. (1st August, 1849.) W HEREAS by an Act passed in the eleventh year of the reign 10 and 11 W. 3,
of King William the Third, entitled “ An Act for the more c. 7. effectual Suppression of Piracy,” it is enacted, that all piracies,
* So much of the 4 Vic, c. 30, as declares the 2nd, 3rd, and 4th sections of this Act to be in force in the Colony, is repealed by Ord. No. 4, 1855.
felonies, and robberies committed on the sea, or in any haven, Act of Parl, river, creek, or place, where the Admiral or Admirals have power,
13 Vic. authority, or jurisdiction, may be examined, inquired of, tried, c. 96.
heard, and determined, and adjudged, in any place at sea or upon the land in any of His Majesty's islands, plantations, colonies, dominions, forts, or factories, to be appointed for that purpose by the King's Commission, in the manner therein directed, and accord
ing to the civil law and the method and rules of the Admiralty : 46 G. 3, c. 54. And whereas by an Act passed in the forty-sixth year of the reign
of King George the Third, entitled “ An Act for the speedy Trial of Offences committed in distant Parts upon the Sea," it is enacted, that all treasons, piracies, felonies, robberies, murders, conspiracies, and other offences of what nature or kind soever, committed upon the sea, or in any haven, river, creek, or place where the Admiral or Admirals have power, authority, or jurisdiction, may be inquired of, tried, heard, determined, and adjudged, according to the common course of the laws of this realm used for offences committed upon the land within this realm, and not otherwise, in any of His Majesty's islands, plantations, colonies, dominions, forts, or factories under and by virtue of the King's Commission or Commissions under the Great Seal of Great Britain, to be directed to Commissioners in the manner and with the powers and authorities therein provided : And whereas it is expedient to make further and better provision for the apprehension, custody, and trial in Her Majesty's islands, plantations, colonies, dominions, forts, and factories of persons charged with the commission of such offences on the sea, or in any such haven, river, creek, or place as aforesaid; Be it therefore enacted by the Queen'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 All persons
authority of the same, that if any person within any colony shall charged in any Colony with
y be charged with the commission of any treason, piracy, felony, offences com
robbery, murder, conspiracy, or other offence, of what nature or mitted on the kind soever, committed upon the sea, or in any haven, river, creek, Sea, may be or place where the Admiral or Admirals have power, authority, or dealt with in
jurisdiction, or if any person charged with the commission of any the same manner as if the
such offence upon the sea, or in any such haven, river, creek, or offences had place shall be brought for trial to any colony, then and in every been commit such case all Magistrates, Justices of the Peace, public prosecutors, ted on waters
juries, judges, courts, public officers, and other persons in such within the local J jurisdiction of
colony shall have and exercise the same jurisdiction and authorities the Courts of for inquiring of, trying, hearing, determining, and adjudging such the Colony. offences, and they are hereby respectively authorized, empowered,
and required to institute and carry on all such proceedings for the bringing of such person so charged as aforesaid to trial, and for, and auxiliary to and consequent upon the trial of any such person for any such offence wherewith he may be charged as aforesaid, as by the law of such colony would and ought to have been had and exercised or instituted and carried on by them respectively if such offence had been committed, and such person had been charged with having committed the same, upon any waters situate within the limits of any such colony, and within the limits of the local
jurisdiction of the Courts of Criminal Justice of such colony. Persons con II. Provided always, and be it enacted, That if any person shall victed of such
be convicted before any such Court of any such offence, such person offences shall
so convicted shall be subject and liable to and shall suffer all such No. 4. and the same pains, penalties, and forfeitures as by any law or Act of Parl. laws now in force persons convicted of the same respectively would 12 & 13 Vic. be subject and liable to in case such offence had been committed, c. 96. and were inquired of, tried, heard, determined, and adjudged, in for the tiles England, any law, statute, or usage to the contrary notwith- punishments standing.
as on conviction of like offences in England, III. And be it enacted, That where any person shall die in any Provision for colony, of any stroke, poisoning, or hurt, such person having been the trial of feloniously stricken, poisoned, or hurt upon the sea, or in any
manslaughter, haven, river, creek, or place where the Admiral or Admirals have power, authority, or jurisdiction, or at any place out of such colony, death only every offence committed in respect of any such case, whether the happens in the same shall amount to the offence of murder or of manslaughter, or Colony or upon
the Sea. of being accessary before the fact to murder, or after the fact to murder or manslaughter, may be dealt with, inquired of, tried, determined, and punished in such colony in the same manner in all respects as if such offence had been wholly committed in that colony; and that if any person in any colony shall be charged with any such offence as aforesaid in respect of the death of any person who, having been feloniously stricken, poisoned, or otherwise hurt, shall have died of such stroke, poisoning, or hurt upon the sea, or in any haven, river, creek, or place where the Admiral or Admirals have power, authority, or jurisdiction, such offence shall be held for the purpose of this Act to have been wholly committed upon the sea.
IV. Provided also, and be it enacted, That nothing in this Act Jurisdiction of contained shall in any way affect or abridge the jurisdiction of the the Supreme Supreme Courts of New South Wales and Van Diemen's Land, as
À von Diomon's Londos Courts of New
South Wales established by an Act passed in the ninth year of the reign of and Van DieKing George the Fourth, entitled “An Act to provide for the Ad- men's Land ministration of Justice in New South Wales and Van Diemen's preserved. Land, and for the more effectual Government thereof, and for other 9 G. 4, c. 83. purposes relating thereto.
V. And be it enacted, That for the purposes of this Act the Interpretation word “ Colony" shall mean any island, plantation, colony, domi- of terms. nion, fort, or factory of Her Majesty, except any island within the United Kingdom, and the Islands of Man, Guernsey, Jersey, Alderney, and Sark, and the islands adjacent thereto respectively, and except also all such parts and places as are under the Government of the East India Company; and the word “President” shall mean the officer for the time being administering the Government of any colony.
VI. And be it enacted, That this Act may be amended or re- Act may be pealed by any Act to be passed during this present Session of amended, &c. Parliament.
No. 5.-ORDINANCE No. 13 of 1852.
No. 5. An Ordinance for further improving the administration of Criminal Ord. No. 13.
Justice. (Passed 12th November, 1852. Assented to 1st
August, 1853.) W HEREAS offenders frequently escape conviction on their PREAMBLE,
V trials by reason of the technical strictness of criminal pro