underwrite any policy of insurance upon such ship or vessel, 7 Will. 4, & 1 or on the freight thereof, or upon any goods on board the Vict. c. 89. sanie, 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 the term of the natural life of such offender, or for any term not less than fifteen years, or to be imprisoned for any term not exceeding three years. wreck, &c.; 7. That whosoever shall by force prevent or impede any Impeding any person endeavouring to save his life from any ship or vessel person endeavouring to which shall be in distress, or wrecked, stranded, or cast on save his life shore, (whether he shall be on board or shall have quitted the from ship. same,) shall be guilty of felony, and being convicted thereof felony. shall be liable, at the discretion of the court, to be transported beyond the seas for the term of the natural life of such offender, or for any term not less than fifteen years, or to be imprisoned for any term not exceeding three years. wrecks or articles be 8. That whosoever shall unlawfully and maliciously destroy Destroying any part of any ship or vessel which shall be in distress, or wrecked, stranded, or cast on shore, or any goods, merchan- longing dize, or articles of any kind belonging to such ship or vessel, thereto; felony. 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 fifteen years, nor less than ten years, or to be imprisoned for any term not exceeding three years. 9. That whosoever shall unlawfully and maliciously set fire Setting fire to to any mine of coal or cannel coal shall be guilty of felony, coal mines; felony. and being convicted thereof shall be liable, at the discretion of the court, to be transported beyond the seas for the term of the natural life of such offender, or for any term not less than fifteen years, or to be imprisoned for any term not exceeding three years. 10. That whosoever shall unlawfully and maliciously set Setting fire fire to any stack of corn, grain, pulse, tares, straw, haulm, to agricultural produce, stubble, furze, heath, fern, hay, turf, peat, coals, charcoal, or &c.; felony. wood, or any steer of wood, 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 the term of the natural life of such offender, or for any term not less than fifteen years, or to be imprisoned for any term not exceeding three years. of accessories. 11. That in the case of every felony punishable under this Punishment act, every principal in the second degree, and every accessory before the fact shall be punishable with death or otherwise, in the same manner as the principal in the first degree is by this act punishable; and every accessory after the fact to any felony punishable under this act, shall, on conviction, be liable to be imprisoned for any term not exceeding two years. 12. That where any person shall be convicted of any of- Offences punishable by imprisonment. 7 Will, 4, & 1 fence punishable under this act, for which imprisonment may Vict. c. 89. be awarded, it shall be lawful for the court to sentence the offender to be imprisoned, or 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 any portion or portions of such imprisonment, or of such imprisonment with hard labour, not exceeding one month at any one time, and not exceeding three months in any one year, as to the court in its discretion shall seem meet. Admiralty 14. That where any felony punishable under this act shall jurisdiction. be committed within the jurisdiction of the admiralty of England or of Ireland, the same shall be dealt with, inquired of, tried, and determined in the same manner as any other felony committed within that jurisdiction. CAP. 90 (a), s. 1. [Recites 2 & 3 Will. 4, c. 62, (Hayes C. & P. 4) and 4 Will. 4, c. 44, ss. 1, 2, 3. (H. C. P. 35 a.)] And whereas it is expedient to alter and amend the said reRepeal of cited acts; Be it therefore &c., that so much of the said recertain pro- cited acts as relates to the punishment of persons convicted visions of recited acts, and of offences for which they are liable, under the said act of the new provision second and third years of his said late majesty's reign, to be in lieu there- transported for life; and so much of the said act of the fourth of. Offences punishable by imprisonment. year of the said reign as relates to the punishment of any person convicted of the offence of breaking and entering any dwelling house, and stealing therein as in that act mentioned, shall, from and after the commencement of this act, be and the same is hereby repealed; and that from and after the commencement of this act, every person convicted of any of such offences, shall be liable to be transported beyond the seas for any term not exceeding fifteen years, nor less than ten years, or to be imprisoned for any term not exceeding three years. 3. That in awarding the punishment of imprisonment for any offence punishable under this act, it shall be lawful for the court to direct such imprisonment to be with or without hard labour in the common gaol or house of correction, and also to direct that the offender shall be kept in solitary confinement for any portion or portions of such imprisonment, or of such imprisonment with hard labour, not exceeding one month at any one time, and not exceeding three months in any one year, as to the court in its discretion shall seem meet. 5. And whereas, by the laws now in force, it is lawful for the court, before whom any person shall be convicted of certain offences for which imprisonment or imprisonment with hard labour may be awarded, to direct that the offender shall be kept in solitary confinement for the whole or any (a) Entitled "An act to amend the law relative to offences punishable by transportation for life." It came into operation on the 1st of October, 1837.-s. 6. portion or portions of such imprisonment or of such im- 7 Will. 4, & 1 prisonment with hard labour, as to such court in its discretion Vict. c. 90. should seem meet; it is hereby enacted, that from and after Limitation the commencement of this act, it shall not be lawful for any of time of court to direct that any offender shall be kept in solitary con- solitary confinement for any longer periods than one month at a time, or than three months in the space of one year. finement. CAP. 91 (a), s. 1.—Recites the 1 Geo. 1, c. 5 Eng., to which the 27 Geo. 3, c. 15, ss. 1 (H. C. P. 142 b) & 3. (H. C. P. 143) nearly correspond; also the 25 Geo. 2, c. 37 Eng., and the corresponding act of the 31 Geo. 3, c. 17, s. 10 Īr. (H. C. P.338); also the 37 Geo. 3, c. 70 Eng., and the corresponding Irish act, 37 Geo. 3, c. 40, s. 1, (H. C. P. 134); also the 52 Geo. 3, c. 104; 59 Geo. 3, c. 136; 5 Geo. 4, c. 113; 3 & 4 Will. 4, c. 53, ss. 58 & 59, (H. C. P. 217).]— And whereas it is expedient that none of the herein-before mentioned offences should henceforth be punishable with death. Be it therefore &c., that if any person shall, after Punishment the commencement of this act, be convicted of any of the of death in offences herein-before mentioned, such person shall not suffer abolished. death, or have sentence of death awarded against him or her for the same, but shall be liable, at the discretion of the court, to be transported beyond the seas for the term of the natural life of such person, or for any term not less than fifteen years, or to be imprisoned for any term not exceeding three years. certain cases 2. That in awarding the punishment of imprisonment for Offences any offence punishable under this act, it shall be lawful for the punishable by imprisoncourt to direct such imprisonment to be with or without hard ment. labour in the common gaol or house of correction, and also to direct that the offender shall be kept in solitary confinement for any portion or portions of such imprisonment, or of such imprisonment with hard labour, not exceeding one month at any one time, and not exceeding three months in any one year, as to the court in its discretion shall seem meet. (b) Entitled, "An act for abolishing the punishment of death in certain cases." Its operation commenced on the first of October, 1837—s. 5. The reader will have the goodness to make references and corrections in the principal work, according to the following observations. Page 4. In the 9 Geo. 4, c. 55, s. 25, strike out all that follows the words "shall suffer death as a felon," the same having been held to have been repealed by the 3 & 4 Will. 4, c. 62, s. 1, R. v. Reid, 5 Law Rec. 97, per Joy, C. B. To the 2 & 3 Will. 4, c. 62, s. 1, annex a marginal reference to the 7 Will. 4, & 1 Vict. c. 90, s. 1, Supp. 21, by which the punishment is altered. 3 & 4 Will. 4, c. 44, s. 3. Strike out the words "and all persons punishable by transportation for life, under an act passed, &c. [2 & 3 Will. 4, c. 123]" so much of the clause having been repealed by the 7 Will. 4, & 1 Vict. c. 84, s. 2, (Supp. 11.) 16. Sections 6 & 7 of the 9 Geo. 4, c. 55, have been repealed by the 7 Will. 4, § 1 Vict., c. 87, (Supp. 15,) which also enacts other provisions in lieu thereof. 19. The third section of the 11, 12 & 13 Jac. 1, c. 2, has been repealed by the 7 Will. 4, & 1 Vict. c. 88, (Supp. 17,) which makes great alterations in the law of Ireland as to piracy. 20. The 9 Geo. 4, c. 55, s. 18, has been repealed by the 1st sec. of the 7 Will. 4 & 1 Vict., c. 87, (Supp. 15,) and another provision enacted by the 8th section (Supp. 17.) 22. Sections 9 & 11 of the 9 Geo. 4, c. 56, have been repealed by the 7 Will. 4, & 1 Vict., c. 89, s. 1, (Supp. 19,) and other provisions reenacted by sections 4-8, of the same act, (Supp. 20.) 30. Opposite the 6 & 7 Will. 4, c. 14, append a reference to the 7 Will. 4, & 1 Vict., c. 48. (Supp. 10.) 34 a. Strike out the 9 Geo. 4, c. 55, s. 11. It has been repealed by the 7 Will. 4, & 1 Vict., c. 86, and other provisions substituted, (Supp. 14.) 9 Geo. 4, c. 55, s. 12. The whole of this section is now repealed; the last remaining part, as to stealing in a dwelling-house, any person therein being put in fear, having been repealed by the 7 Will. 4, & 1 Vict., c. 86, (Supp. 14.) 35 a. The punishment of transportation for life affixed to the offences mentioned in the 2 & 3 Will. 4, c. 62, has been mitigated by the 7 Will. 4, & 1 Vict., c. 90, s. 1, (Supp. 22.) 3 & 4 Will. 4, c. 44, s. 2. This clause has been repealed, and a new punishment annexed, by the 7 Will. 4, § 1 Vict., c. 90, s. 1, (Supp. 22.) Sections 2 and 6 of the 9 Geo. 4, c. 56, have been re- The punishment of transportation for life, affixed to the The 3 & 4 Will. 4, c. 44, s. 3, as set out, may be -87. The act 10 Geo. 4, c. 34, ss. 14, 15, & 16, has been 7. Opposite the 10 Geo. 4, c. 34, s. 17, add a reference to 35. The punishment attached to the offences mentioned in 42 b. See the 7 Will. 4, & 1 Vict., c. 91, s. 1, which recites 49. At the end of SECTION 1," add a reference to 7 Will. 159-162. Sections 8-13 & 18, all seem to have been vir- tually repealed by the 6 & 7 Will. 4, c. 116; and may 215. The punishment prescribed by the 3 & 4 Will. 4, c. 51, 218. A similar observation applies to the 59th section of the 246-256. Cancel the whole of "SECTION 5," all the statutes 338. 31 Geo. 3, c. 17, s. 10. The penalty of death men- 344. So much of the 28 Eliz. c. 1, ss. 1 & 2, as inflicts the 349. To note (b), add a reference to 7 Will. 4, & 1 Vict., c. C |