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effectual transportation of felons ;" and so much

s. 11.

s. 3.

8. 7 and 8.

of an act passed in the twenty-fifth year of the 25 G. 2. c. 36. reign of King George the Second, intituled " An act for the better preventing thefts and robberies, and for regulating places of public entertainment, and punishing persons keeping disorderly houses,' as relates to payment of prosecutors in cases of felony; and so much of an act passed in the 27 G. 2. c. 3. twenty-seventh year of the same reign, intituled "An act for the better securing to constables and others the expenses of conveying offenders to gaol, and for allowing the charges of poor persons bound to give evidence against felons," as relates to the allowance of compensation to poor persons appearing on recognizance to give evidence against any one accused of felony; and so much of an 18 G. 3. c. 19. act passed in the eighteenth year of the reign of King George the Third, intituled "An act for the payment of costs to parties on complaints determined before justices of the peace out of sessions; for the payment of the charges of constables in certain cases; and for the more effectual payment of charges to witnesses and prosecutors of any larceny or other felony," as relates to payment and allowances to prosecutors and other persons appearing on recognizance or subpoena to give evidence as to any felony, and to rules and regulations touching the costs and charges to be allowed to such prosecutors and persons; and so much of an act 43 G. 3. c. 59. passed in the forty-third year of the same reign, intituled "An act for remedying certain defects in the laws relative to the building and repairing of county bridges and other works maintained at

s. 3.

8. 5.

the expense of the inhabitants of counties in England," as relates to laying the property in the surveyor of county bridges in any indictment; 43 G. 3. c.113. and so much of an act passed in the same year, for providing, among other things, for the more convenient trial of accessories in felonies, as relates to the trial of accessories, except the special provisions therein contained as to accessories be56 G. 3. c.73. fore the fact in murder; and an act passed in the fifty-sixth year of the same reign, intituled “An

act for removing difficulties in the conviction of

offenders stealing property from mines ;" and an 58 G. 3. c.70. act passed in the fifty-eighth year of the same reign, intituled "An act for repealing such parts of several acts as allow pecuniary and other rewards upon the conviction of persons for highway robbery, and other crimes and offences, and for facilitating the means of prosecuting persons accused of felony and other offences," except so much thereof as relates to disorderly houses; and

59 G. 3. c. 27. an act passed in the fifty-ninth year of the same reign, intituled "An act to facilitate the trial of

felonies committed on board vessels employed on

canals, navigable rivers, and inland navigations;" 59 G. 3. c. 96. and another act passed in the same year, intituled "An act to facilitate the trials of felonies com

mitted on stage coaches and stage waggons and

other such carriages, and of felonies committed on 1 G. 4. c. 102. the boundaries of counties ;" and an act passed in the first year of his present majesty's reign, for making general the provisions of the said recited act of the fifty-sixth year of the reign of King George the Third; and so much of an act passed

in the third year of the present reign, intituled 3 G. 4. c. 38. "An act for the further and more adequate punishment of persons convicted of manslaughter, and of servants convicted of robbing their masters, and of accessories before the fact to grand larceny and certain other felonies," as provides that accessories before the fact may be indicted for a misdemeanor; and so much of another act passed 3 G. 4. c. 126. in the same year, intituled " An act to amend the general laws now in being for regulating turnpike roads in that part of Great Britain called England," as relates to stating in any indictment any thing to be the property of the clerk to the trustees or commissioners, as therein mentioned;

s. 60.

and an act passed in the sixth year of the present 6 G. 4. c. 56. reign, intituled "An act to amend two acts for removing difficulties in the conviction of offenders stealing property in mines and from corporate bodies," shall be and the same are hereby repealed, except so far as any of the said acts relate to Scotland or Ireland, or repeal the whole or any part of any other acts, and except as to offences committed before the passing of this act, which shall be dealt with and punished as if this act had not been passed.

7 GEO. IV. c. 69.

An Act to amend the Law in respect to the offence of stealing from Gardens and Hot-houses.

REPEALED by stat. 7 & 8 Geo. 4. c. 27. s. 1.

7 & 8 Géo. IV. c. 18.

An Act to prohibit the setting of Spring Guns, Man Traps, and other Engines calculated to destroy human Life, or inflict grievous bodily [28th May, 1827.]

Harm.

WHEREAS it is expedient to prohibit the setting of spring guns and man traps, and other engines calculated to destroy human life, or inflict grievous bodily harm : be it therefore enacted and declared 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, Setting spring That from and after the passing of this act, if traps, &c. mis. any person shall set or place, or cause to be set

guns, man

demeanor.

or placed, any spring gun, man trap, or other engine calculated to destroy human life, or inflict grievous bodily harm, with the intent that the same or whereby the same may destroy or inflict grievous bodily harm upon a trespasser or other person coming in contact therewith, the person so setting or placing, or causing to be so set or placed, such gun, trap, or engine as aforesaid, shall be guilty of a misdemeanor.

Indictment.

BERKSHIRE, to wit: The jurors for our lord the king upon their oath present, that Joseph Styles, late of the parish of —, in the county of Berks aforesaid, labourer, on the third day of November, in the fifth year of the reign of our sovereign lord William the Fourth, by the grace of God of the united kingdom of Great Britain and Ireland king, defender of the faith, with force and arms, at the parish aforesaid, in the county aforesaid, did unlawfully set and place, and did

cause to be set and placed, in a certain garden there situate, a certain spring gun, which was then and there loaded and charged with gunpowder and divers leaden shot, with the intent then and there that the said spring gun, so loaded and charged as aforesaid, should inflict grievous bodily harm upon any trespasser who might come in contact therewith; against the form of the statute in such case made and provided, and against the peace of our lord the king, his crown and dignity. [If any person were actually injured by it, state it, and take care to state it with sufficient certainty.]

Evidence.

To maintain this indictment, the prosecutor must prove:1. That the defendant placed or caused to be placed the spring gun in the garden, &c., that it was loaded with powder and shot, &c., and set.

2. The intent, as stated in the indictment, which may in general be implied from the fact of the gun being loaded, and placed in a situation where persons might come in contact with it. If a person have been actually injured by it, this will be strong evidence of the intent; but it is safer in such a case, instead of stating the intent only in the indictment, to state the fact of the person being injured by the gun, and prove it.

II. Provided always, and be it further enacted, That nothing herein contained shall extend to make it illegal to set any gin or trap such as may have been or may be usually set with the intent of destroying vermin.

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by others to

deemed to

same.

III. And be it further enacted and declared, Persons perinitting guns, That if any person shall knowingly and wilfully traps, &c. set permit any such spring gun, man trap, or other continue, engine as aforesaid, which may have been set, have set the fixed, or left in any place then being in or afterwards coming into his or her possession or occupation, by some other person or persons, to continue so set or fixed, the person so permitting the same to continue shall be deemed to have set and

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