Recited act repealed. and that in all cases where the punishment of public whipping on female offenders has hitherto formed the whole or part of the judgment to be pronounced, it shall and may be lawful for the court before whom any such offender shall be tried, to pass such sentence of confinement to hard labour in the common gaol or house of correction, in lieu of the sentence of being publicly whipped, as to the said court shall seem most proper; provided that nothing herein contained shall extend, or be construed to extend, in any manner to change, alter, or affect any punishment whatsoever, which may then be by law inflicted in respect of any offence, except only the punishment of public whipping on female offenders: And whereas the said act extends only to abolishing the punishment of publicly whipping female offenders, and it is expedient that the said act should be repealed, and such further provisions made in lieu thereof as are hereinafter mentioned; may it therefore please your majesty, that it may be enacted, and be it enacted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 from and after the passing of this act, the said recited act of the fifty-seventh year of his late majesty shall be and the same is hereby repealed, to all intents and purposes whatsoever. Sentence of II. And be it further enacted, That from and whipping shall not be after the passing of this act, judgment or sen female of tence shall in no case whatever be given and awarded on awarded against any female or females convicted fenders; of any offence whatsoever, that such female offender or offenders do suffer the punishment of being whipped either publicly or privately; any law, statute, or usage to the contrary notwithstanding. thereof, im confinement. III. And be it further enacted, That in all cases but instead where the punishment of whipping, either publicly prisonment or privately, on female offenders, has hitherto or solitary formed the whole or part of the judgment or sentence to be pronounced, or has in any other case been inflicted, it shall and may be lawful for the court or justice of the peace before whom any such offender shall be tried or convicted, to pass sentence of confinement to hard labour in the common gaol or house of correction, for any space of time not exceeding six months, nor less than one month; or of solitary confinement therein for any space not exceeding the space of seven days at any one time, in lieu of the sentence of being publicly or privately whipped, as to the said court or justice shall seem most proper: provided that nothing herein contained shall extend, or be construed to extend, in any manner to change, alter, or affect any punishment whatsoever which may now be by law inflicted in respect of any offence, save and except only the punishment of publicly or privately whipping on female offenders, in manner as hereinbefore is enacted. Ꭰ 28 Hen. 8. c. 15. 39 Geo. 3. c. 37. j 1 GEO. IV. c. 90. An Act to remove Doubts, and to remedy Defects, aforesaid, should be committed upon the high seas, out of the body of any county of this realm, should be, and they were thereby declared to be offences of the same nature respectively, and to be liable to the same punishments respectively, as if they had been committed upon the shore, and should be inquired of, heard, tried, and determined and adjudged, in the same manner as treasons, felonies, murthers, and confederacies are directed to be by the said act of the twentyeighth year of the reign of King Henry the Eighth; and it was by the said act of the thirtyninth year of the reign of his said late majesty further enacted, that when any person or persons should be tried for the crime of murther or manslaughter committed upon the sea, by virtue of any commission directed under the said act of the twenty-eighth year of the reign of King Henry the Eighth, and should be found guilty of manslaughter only, such person or persons should be entitled to receive the benefit of clergy in like manner, and should be subject to the same punishment, as if he or they had committed such manslaughter in or upon the land: and whereas 43 Geo. 3. another act passed in the forty-third year of the reign of his said late majesty King George the Third, 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 c. 58. 6 twenty-first year of the reign 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:" and whereas doubts have arisen whether persons tried by virtue of any commission directed under the said act of the twenty-eighth year of the reign of King Henry the Eighth, for any other crime or offence than those of murder or manslaughter, and found guilty of manslaughter, are entitled to receive the benefit of clergy, although if such other crimes or offences had been committed in or upon the land, the person or persons committing the same would have been entitled to receive the benefit of clergy in respect of some of such crimes and offences; and doubts have also arisen whether the offences mentioned in the said act of the forty-third year of the reign of his said late majesty King George the Third, can, if the same be committed upon the seas out of the body of any county of this realm, be tried and punished by virtue of any commission directed under the said act of the twenty-eighth year of the reign of King Henry the Eighth, in the same manner as if the said offences had been committed upon the land, by reason that the said act of the fortythird year of the reign of his late majesty extends only to the offences therein mentioned, if the same be committed either in England or Ire |