Act not to § 3. Nothing herein contained shall extend to that part of the extend to Scot- U. K. called Scotland. land. 3 G. 4. c. 114. Persons convicted of the offences herein mentioned, may be sentenced to bard labour. 9 G. 4. c. 31. By stat. 3 G. 4. c. 114., intituled "An act to provide for the more effectual punishment of certain offences, by imprisonment with hard labour;" § 1. after reciting stat. 53 G. 3. c. 162., and that it is expedient that the provisions of the said act should be extended to certain aggravated misdemeanors and offences below the degree of felony: it is enacted, that from and after the passing of this act, whenever any person shall be convicted of any of the offences hereafter specified and set forth; that is to say, (1.) Any assault with intent to commit felony. (Repealed, but see infra.) (2.) Any attempt to commit felony. (3.) Any riot. (4.) Any misdemeanor for having received stolen goods, knowing (5.) Any assault upon a peace officer, or upon an officer of the (7.) Being an utterer of counterfeit money, knowing the same to be (8.) Knowingly and designedly obtaining money, goods, wares, or merchandizes, bills, bonds, or other securities for money, by false pretences, with intent to cheat any person of the same. (9.) Keeping a common gaming-house, a common bawdy-house, or (10.) Wilful and corrupt perjury, or of subornation of perjury. illegally to destroy, take, or kill game or rabbits, or with in- "In each and every of the above cases, and whenever any person shall be convicted of any or either of the aforesaid offences, it shall and may be lawful for the court before which any offender shall be convicted, or which by law is authorised to pass sentence upon any such offender, to award and order (if such court shall think fit) sentence of imprisonment with hard labour, for any term not exceeding the term for which such court may now imprison for such offences, either in addition to, or in lieu of any other punishment which may be inflicted on any such offenders by any law in force before the passing of this act; and every such offender shall thereupon suffer such sentence, in such place and for such time as aforesaid, as such court shall think fit to direct." By 9 G. 4. c. 31. § 1., so much of 3 G. 4. c. 114. as relates to any of the assaults therein mentioned, is repealed. 9 G. 4. c. 31. Assaults with intent to comsaults on peace officers; or to prevent the ar mit felony; as rest of offenders; or in pursuance of a But by $25.," 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; 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 or 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 conspiracy to in pursuance of any conspiracy to raise the rate of wages; in any raise wages; such case the court may sentence the offender to be imprisoned, punishable with or without hard labour, in the common gaol or house of with hard 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." labour. capital punishacts, if any, relating thereto; otherwise, under this act. able under the By 7 & 8 G. 4. c. 28. § 8., " Every person convicted of any 7 & 8 G. 4. felony not punishable with death shall be punished in the manner c. 28. prescribed by the statute or statutes specially relating to such Felonies not felony; and every person convicted of any felony for which no punishment hath been or hereafter may be specially provided, shall be deemed to be punishable under this act, and shall be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or 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." The court may order hard labour or solitary confinement as § 9. "Where any person shall be convicted of any offence punishable under this act, for which imprisonment may be awarded, it shall be lawful for 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 prisonment. portions of such imprisonment, or of such imprisonment with hard labour, as to the court in its discretion shall seem meet." part of the sentence of im crime is con victed of felony, the court may pass a second § 10. "Wherever sentence shall be passed for felony on a person If a person already imprisoned under sentence for another crime, it shall be under sentence lawful for the court to award imprisonment for the subsequent offence, to commence at the expiration of the imprisonment to which such person shall have been previously sentenced; and where such person shall be already under sentence either of imprisonment or of transportation, the court, if empowered to pass sentence of sentence, to transportation, may award such sentence for the subsequent offence, commence after the expiration to commence at the expiration of the imprisonment or transport- of the first. ation to which such person shall have been previously sentenced, although the aggregate term of imprisonment or transportation respectively may exceed the term for which either of those punishments could be otherwise awarded." § 11. "If any person shall be convicted of any felony not punish- Punishment for able with death, committed after a previous conviction for felony, a subsequent such person shall, on such subsequent conviction, be liable, at the felony. 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 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 an indict 7 & 8 G. 4. c. 28. Form of indict ment for the subsequent felony. What shall be sufficient proof of the first conviction. Uttering false certificate of conviction. 1 W. 4. c. 70. Judgments may be pronounced as the assizes on indictments out of K. B. except in prosecutions by information. Motion for ment under ment 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 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, (for which certificate a fee of six shillings and eight-pence, and no more, shall be demanded or taken,) 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 transported beyond the seas for the term of seven years, or 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." By the 1 W. 4. c. 70. § 9. it is enacted, "that upon all trials for felonies or misdemeanors upon any record of the court of King's Bench, judgment may be pronounced during the sittings or assizes by the judge before whom the verdict shall be taken, as well upon the person who shall have suffered judgment by default or confession, upon the same record, as upon those who shall be tried and convicted, whether such persons be present or not in court, excepting only where the prosecution shall be by information filed by leave of the court of King's Bench, or such cases of informations filed by his majesty's attorney-general, wherein the attorneygeneral shall pray that the judgment may be postponed; and the judgment so pronounced shall be indorsed upon the record of nisi prius, and afterwards entered upon the record in court, and shall be of the same force and effect as a judgment of the court, unless the court shall, within six days after the commencement of the ensuing term, grant a rule to shew cause why a new trial should not be had or the judgment amended; and it shall be lawful for the judge before whom the trial shall be had, either to issue an immediate order or warrant for committing the defendant in execution, or to respite the execution of the judgment, upon such terms as he shall think fit, until the sixth day of the ensuing term; and in case imprisonment shall be part of the sentence, to order the period of imprisonment to commence on the day on which the party shall be actually taken to and confined in prison." Defendants having been convicted on an indictment for a conamending judg- spiracy, which had been removed by certiorari, and sentence of imprisonment passed upon them under the above act at the same assizes at which they were tried, a motion was afterwards made in B. R., on the ordinary affidavits in mitigation, to amend the judgment by diminishing the punishment: The court refused the appli 1 W. 4. c. 70. cation, holding, that a motion of this kind ought to point out some essential defect in the sentence, or to shew some reason why they did not suggest the same matter in mitigation of punishment at the assizes. R. v. Lloyd and another, 4 B. & Ad. 135. On conviction at the assizes for an unlawful assembly, upon an indictment which had been found at the sessions, and removed into B. R., it having been proposed to put in affidavits in mitigation, Patteson J. is stated to have said, that after the trial of a traverse on the crown side of the assizes, affidavits are never put in, and he conceived that it was the intention of this act to put these cases in the same situation as traverses; but adding, that under very special circumstances affidavits might be received after the trial of a traverse. R. v. Cox and others, Oxford Spring Ass., 1831. 4 C. & P. 538. By 7 G. 4. c. 64. § 20., that the punishment of offenders may be less frequently intercepted in consequence of technical niceties, it is enacted, "that no judgment upon any indictment or information for any felony or misdemeanor, whether after verdict or outlawry, or by confession, default, or otherwise, shall be stayed or reversed for want of the averment of any matter unnecessary to be proved, nor for the omission of the words as appears by the record,' or of the words with force and arms,' or of the words against the peace,' nor for the insertion of the words against the form of the statute,' instead of the words against the form of the statutes,' or vice versa, nor for that any person or persons mentioned in the indictment or information is or are designated by a name of office or other descriptive appellation instead of his, her, or their proper name or names, nor for omitting to state the time at which the offence was committed, in any case where time is not of the essence of the offence, nor for stating the time imperfectly, nor for stating the offence to have been committed on a day subsequent to the finding of the indictment or exhibiting the information, or on an impossible day, or on a day that never happened, nor for want of a proper or perfect venue, where the court shall appear by the indictment or information to have had jurisdiction over the offence." § 21. "No judgment after verdict upon any indictment or information for any felony or misdemeanor shall be stayed or reversed for want of a similiter, nor by reason that the jury process has been awarded to a wrong officer upon an insufficient suggestion, nor for any misnomer or misdescription of the officer returning such process, or of any of the jurors, nor because any person has served upon the jury who has not been returned as a juror by the sheriff or other officer; and where the offence charged has been created by any statute, or subjected to a greater degree of punishment, or excluded from the benefit of clergy, by any statute, the indictment or information shall, after verdict, be held sufficient to warrant the punishment prescribed by the statute, if it describe the offence in the words of the statute." See tit. Indictment. No distinction as to grand or petty larceny. Definition of larceny. Larceny. LARCENY comes from latrocinium, latrociny; and by contraction, or rather abuse, larceny. 3 Inst. 107. VI. Larceny on board Vessels, &c. on a River, Canal, &c., or from Vessels wrecked, &c. [7 & 8 G. 4. c. 29.] VII. Larceny from Manufactures. VIII. Of other Embezzlements. [7 & 8 G. 4. c. 29.-2 W. 4. c. 4.] IX. Of taking Rewards, or advertising, for Return of stolen [7 & 8 G. 4. c. 29.] X. Of offering for Pawn or Sale Goods suspected to have been stolen. [30 G. 2. c. 24.] XI. Of further Enactments in 7 & 8 G. 4. c. 29., concerning Appendix. Digest of Larceny at Common Law. I. Of Larceny in general. All distinction between grand and petty larceny is now at an end, as by 7 & 8 G. 4. c. 29. § 2., it is provided, that "the distinction between grand larceny and petty larceny shall be abolished; and every larceny, whatever be the value of the property stolen, shall be deemed to be of the same nature, and shall be subject to the same incidents, in all respects, as grand larceny was before the commencement of this act; and every court, whose power as to the trial of larceny was, before the commencement of this act, limited to petty larceny, shall have power to try every case of larceny, the punishment of which cannot exceed the punishment herein-after mentioned for simple larceny, and also to try all accessaries to such larceny." Larceny is defined by Bracton, L.3. de Corona. c. 32. fol. 130. b. "Fraudulenta contrectatio rei alienæ cum animo furandi, invito domino cujus res illa fuerit; animo dico, quia sine animo furandi non |