An Act to repeal several Acts and Parts of Acts in force in Ireland, relating to Bail in Cases of Felony, and to certain Proceedings in Criminal Cases, and to the Benefit of Clergy, and to Larceny and other Offences connected therewith, and to malicious Injuries to Property.
In 1806, the Commission on Public Records passed a resolution requesting the production of a report on the best mode of reducing the volume of the statute book.[2] From 1810 to 1825, The Statutes of the Realm was published, providing for the first time the authoritative collection of acts.[2] In 1816, both Houses of Parliament, passed resolutions that an eminent lawyer with 20 clerks be commissioned to make a digest of the statutes, which was declared "very expedient to be done." However, this was never done.[3]
The territorial terms of the act led to several acts being for the avoidance of doubt for Scotland repealed by later Statute Law Revision Acts, including:
Section 1 of the act repealed 142 enactments listed in that section. The territorial extent of the repeal, to take effect on 31 August 1828, was limited to Ireland and the jurisdiction of the Admiralty of Ireland. Section 1 of the act also stated that for offenses and other matters committed or done before 31 August 1828, the repealed Acts will still apply as if the Act had not been passed.[4]
Section 2 of the act repealed all provisions in other laws that were designed to continue or perpetuate the acts being repealed by this legislation, to take effect on 31 August 1828.[4]
Section 3 of the act stated that the extent of any repeals did not stretch to the Post Office, "any Branch of the Public Revenue", navy and army stores and other royal "Public Stores", with the exception of the Embezzlement of Naval, etc., Stores Act 1812 (52 Geo. 3 c. 12).[4]
A Statute made in the Twenty-third Year of the same Reign.
As relates to Sheriffs, and other Officers and Ministers therein mentioned, letting out of Prison upon Sureties any Person in Custody upon Indictment.[h]
An Act passed in the Third Year of the Reign of King Edward the Second, intituled An Act to restrain great Lords from taking of Prises, Lodging, and Sojourning, against the Will of the Owner.
An Act passed in the Eighteenth Year of the Reign of King Henry the Sixth, intituled An Act that no Lord or other shall charge the King's Subjects with Horses, Horsemen, or Footmen, without their good Wills; the Offender a Traitor.
An Act passed in the Thirty-fifth Year of the same Reign, intituled An Act that every Man shall answer for the Offence of his Sons, as the Offender ought to do, saving Punishment of Death.
An Act passed in the same Thirty- fifth Year of the same Reign, 35 H.6. c.3. intituled An Act that Persons not amenable to the Law shall not enter, distrain, rob, threaten, or kill any Tenants for any Lands or Tenements, contrary to the Common Law, but shall first show their Title to the Governor and Council, and thereupon have Licence to distrain or enter in peaceable Manner.
Act passed in the Fifteenth Year of the Reign of King Edward the Fourth, intituled An Act prohibiting Distresses to be taken contrary to the Common Law.
An Act passed in the Tenth Year of the Reign of King Henry the Seventh, intituled An Act that no Peace nor War be made with any Man without a Licence of the Governor.
An Act passed in the Thirteenth Year of the Reign of King Henry the Eighth, intituled An Act for burning of Corn as well in Ricks in the Fields as in Villages and Towns.
An Act passed in the First Session of the Thirty-third Year of the same Reign, intituled An Act that maketh it Felony to any Man to run away with his Master's Casket.
An Act passed in the c.5. Session of Parliament holden in the Third and Fourth Years of the Reign of King Phillip and Queen Mary, intituled An Act that the Owners of Goods stolen may be restored thereunto.
An Act passed in the Session of Parliament holden in the Eleventh, Twelfth, and Thirteenth Years of the Reign of King James the First, intituled An Act for the taking away of Clergy in certain Cases of Felonies, and for Deliverie of Clerakes Convict without Purgation.
Save and except so far as the said Act relates to any felonious Rape or Ravishment.
An Act passed in the Second Session of the Tenth Year of the Reign of King Charles the First, intituled An Act appointing an Order to Justices of Peace, touching the Bailment, committing, and taking Examination of Prisoners, &c.
An Act passed in the Session of Parliament holden in the Tenth and Eleventh Years of the same Reign, intituled An Act for the limiting of peremptory Challenges in Cases of Treason and Felonies, &c.
An Act passed in the Fourth Year of the Reign of Queen Anne, intituled An Act against Horse Stealing, and to prevent the buying and selling of stolen Horses, and for punishing all Accessaries to Felonies.
As relates to Buyers or Receivers of Stolen Goods, or Accessaries to Felonies.
An Act passed in the Ninth Year of the same Reign, intituled An Act for taking away the Benefit of Clergy in certain Cases and for taking away the Book in all Cases, and for repealing Part of the Statute for transporting Felons.
Save and except such Part thereof as relates to the Offence of having carnal Knowledge of any Female Child, or as relates to Witnesses.
An Act passed in the Second Year of the Reign of King George the First, intituled An Act to empower Justices of the Peace to determine Disputes about Servants, Artificers, Day Labourers Wages, and other small Demands, and to oblige Masters to pay the same, and to punish idle and disorderly Servants.
As relates to the hereinbefore recited Act of the Thirty-third Year of the Reign of King Henry the Eighth.
An Act passed in the Second Year of the Reign of King George the First, intituled An Act for making more effectual an Act, intituled, ‘An Act to prevent the maiming of Cattle’.
an Act passed in the Fourth Year of the same Reign, intituled An Act for the preserving of all such Ships and Goods thereof which shall happen to be forced on Shore or stranded upon the Coasts of this Kingdom.
An Act passed in the Sixth Year of the same Reign, intituled An Act for the better and more effectual apprehending and transporting Felons and others, and for continuing and amending several Laws made in this Kingdom for suppressing Tories, Robbers, and Rapparees.
As authorises the Punishment of Transportation instead of burning in the Hand or Whipping, and as relates to the Offence of taking Money or Reward for helping Persons to stolen Property.
An Act passed in the First Year of the Reign of King George the Second, intituled An Act for preventing the embezzling of Goods under the Value of Forty Shillings by Servants, and the malicious Destruction of Engines and other Things belonging to Mines.
An Act passed in the Third Year of the same Reign, intituled An Act for the more effectual preventing and further Punishment of Forgery, Perjury, and Subornation of Perjury, and to make it Felony to steal Bonds, Notes, or other Securities for Payment of Money, and for the more effectual transporting Felons, Vagabonds, and others.
As relates to the stealing or taking by Robbery of any Securities for Money therein enumerated.
An Act passed in the same Third Year of the same Reign, intituled An Act to prevent unlawful Combinations of Workmen, Artificers, and Labourers, employed in the several Trades and Manufactures of this Kingdom, and for the better Payment of their Wages, as also to prevent Abuses in making of Bricks, and to ascertain their Dimensions.
As relates to the Offence of injuring or destroying any Goods, Wares, or Work.
An Act passed in the Fifth Year of the same Reign, intituled An Act for the more effectual punishing Stealers of Lead or Iron Bars fixed to Houses, or any Fences belonging thereunto.
An Act passed in the Seventeenth Year of the same Reign, intituled An Act to amend and make more effectual the Laws to prevent the maiming, killing, and destroying of Cattle, and to prevent Frauds committed by Butchers dressing Meat for Sale.
An Act passed in the same Year, intituled An Act to take away the Benefit of Clergy from any Person that shall, by Night or by Day-time, feloniously and privately steal any Goods out of any Shop, Warehouse, Tan Yard, Drying House, Cellar, or Outhouse, though not adjoining to any Dwelling House, or off of Quays, and to encourage Persons to apprehend such Felons and other Robbers.
An Act passed in the Twenty- first Year of the same Reign, intituled An Act for the more effectual Punishment of Assaults with Intent to commit Robbery.
An Act passed in the Twenty-ninth Year of the same Reign, intituled An Act to prevent unlawful Combinations of Tenants, Colliers, Miners, and others, and the sending of threatening Letters without Names, or with fictitious Names subscribed thereto, and the malicious Destruction of Carriages; and for the more effectual Punishment of wicked Persons who shall maliciously set fire to Houses or Outhouses, or to Stacks of Hay, Corn, Straw, or Turf, or to Ships or Boats.
An Act passed in the Thirty-first Year of the same Reign, intituled An Act for the more effectual preventing Frauds and Abuses committed by Persons employed in the Manufacture of Hats, and in the Fustian, Cotton, Iron, Furr, Wollen, Mohair, and Silk Manufactures of this Kingdom; and for continuing and amending an Act made in the Seventh Year of His present Majesty's Reign, intituled ' An Act to prevent Frauds and ' Abuses in Bay Yarns exported to Great Britain'.
Save and except so far as the said Act relates to Yarn.
An Act passed in the Session of Parliament holden in the Thirteenth and Fourteenth Years of the same Reign, intituled An Act for the more effectual proceeding against Persons standing mute on their Arraignment for Murder, Felony, or Piracy.
An Act passed in the Session of Parliament holden in the Fifteenth and Sixteenth Years of the same Reign, intituled An Act for the encouraging the Cultivation, and for the better Preservation of Trees, Shrubs, Plants, and Roots.
Save and except such Part thereof as declares what shall be deemed Timber Trees, and except so far as relates to any Certificates therein mentioned.
An Act passed in the same Session of Parliament, intituled An Act for the more effectual preventing the plundering of Ships or Vessels which may be wrecked or stranded on the Coasts of this Kingdom.
An Act passed in the Session of Parliament holden in the Nineteenth and Twentieth Years of the same Reign, intituled An Act to prevent Combinations, and for the further Encouragement of Trade.
As relates to breaking or entering by force into any House or Shop with any Intent in the said Act mentioned, and as relates to any wilful or malicious Injury to any Manufacture, or any Tools employed in the making thereof, or any Mill, Engine, or Device for the making or perfecting thereof, or to be employed therein.
An Act passed in the same Session of Parliament, intituled An Act to prevent the detestable Practices of houghing Cattle, burning of Houses, Barns, Haggards, and Corn, and for other Purposes.
As relates to Searches and Search Warrants for stolen Lambs.
An Act passed in the Session of Parliament holden in the Twenty-third and Twenty-fourth Years of the same Reign, intituled An Act to amend the Laws for the Encouragement of planting Timber Trees.
As relates to any Conviction for a Second or Third Offence of cutting down, pulling up, barking, or otherwise destroying any Tree or Trees, or as relates to any Felony.
An Act passed in the same Session of Parliament, intituled An Act for the more easy Discovery and effectual Punishment of Buyers and Receivers of Stolen Goods.
An Act passed in the same Session of Parliament, intituled An Act for the Amendment of the Law in relation to the Salvage of Ships and Goods stranded or in danger of perishing at Sea.
An Act passed in the Twenty-sixth Year of the same Reign, intituled An Act for the more effectual Punishment of Persons who shall attain or attempt to attain Possession of Money or Goods by false Pretences or by Threats.
An Act passed in the Twenty-seventh Year of the same Reign, intituled An Act for directing the Application of the Funds granted by Parliament or promoting and carrying on Inland Navigation in this Kingdom, and for the Purposes therein mentioned.
As relates to any wilful and malicious Injury to any Works or Parts of any Canal or Inland Navigation.
An Act passed in the same Year, intituled An Act to punish more effectually Persons who shall steal any old Lead, Iron Bars, or Rails, or Iron or Brass Knockers.
An Act passed in the same Year intituled An Act for preventing the wilful Destruction of Turnpike Gates, and for the better securing the Payment of Tolls at such Gates.
As relates to any Injury to any Turnpike Gate, or to any other Thing therein mentioned.
An Act passed in the Twenty-eighth Year of the same Reign, intituled An Act for the better Preservation of Sheep, and the more speedy Detection of Sheep- Stealers.
An Act passed in the Thirty-first Year of the same Reign, intituled An Act to amend an Act, intituled ‘An Act to prevent the Practice of seducing Artificers and Manufacturers of this Kingdom, and of exporting the several Tools and Utensils made use of in preparing and working up the Manufactures thereof into Parts beyond the Seas’.
As relates to any Apprentice or other Person wilfully cutting, defacing, spoiling, or by Mismanagement or Neglect injuring any Work, or any Loom, Tool, or Materials.
An Act passed in the Forty-third Year of the Reign of 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 Part of Buildings; and also for repealing a certain Act made in England in the Twenty-first Year of the late King James, intituled ‘An Act to prevent the destroying and Murdering 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 murdering of Bastard Children’; and for making other Provisions in lieu thereof.
As relates to the setting fire to any of the Buildings therein enumerated.[k]
An Act passed in the same Year, intituled An Act for making more effectual Provisions, within Ireland, for the Punishment of Offences in wilfully casting away, sinking, burning, or destroying Ships and Vessels, and for the more convenient Trial of Accessaries in Felonies.
An Act passed in the same Year, intituled An Act to prevent unlawful Combinations of Workmen, Artificers, Journeymen, and Labourers, in Ireland, and for other Purposes relating thereto.
As relates to wilfully damnifying, spoiling, destroying, selling, or otherwise disposing of any Goods, Wares, Work, or Materials.[m]
An Act passed in the Forty-fourth Year of the same Reign, intituled An Act to render more easy the apprehending and bringing to Trial Offenders escaping from One Part of the United Kingdom to the other, and also from One County to another.
As relates to the Prosecution and Punishment of Persons for Theft or Larceny, and for receiving or having any stolen Property as therein mentioned.
An Act passed in the Fifty-first Year of the same Reign, intituled An Act to protect Masters against Embezzlements by their Clerks and Servants in Ireland.
An Act passed in the same Year, intituled An Act to repeal so much of An Act passed in the Parliament of Ireland in the Third Year of the Reign of His present Majesty, intituled An Act for the better Regulation of the Linen and Hemp Manufactures ' as takes away the Benefit of Clergy from Felons convicted of stealing Cloth from Bleaching Grounds, and for more effectually preventing such Felonies.
An Act passed in the Fifty-second Year of the same Reign, intituled An Act for the extending the Laws for preventing the Embezzlement of His Majesty's Naval, extending Ordnance, and Victualling Stores, to Ireland.
As relates to an Act of the Twenty- second Year of King Charles the Second, for taking away the Benefit of Clergy from such as steal Cloth from the Rack, and from such as steal or embezzle His Majesty's Ammunition and Stores.[p]
An Act passed in the same Year of the same Reign, intituled An Act for more effectually preventing the Embezzlement of Securities for Money and other Effects left or deposited for safe Custody or other special Purpose in the Hands of Bankers, Merchants, Brokers, Attornies, or other Agents.
An Act passed in the same Year, intituled An Act for the extending the Provisions of an Act of the Thirtieth Year of King George the Second, against Persons obtaining Money by false Pretences, to Persons so obtaining Bonds and other Securities.
An Act passed in the same Year, intituled An Act for the more effectual Punishment of Persons destroying the Properties of His Majesty's Subjects , and enabling the Owners of such Properties to recover Damages for the Injury sustain.
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.
An Act passed in the Fifty-eighth Year of the same Reign intituled An Act to repeal so much of an Act passed in Ireland in the Ninth Year of the Reign of Queen Anne, intituled ' An Act for taking away the Benefit of Clergy in certain Cases, and for taking away the Book in all Cases, and for repealing Part of the Statute for transporting Felons,' as takes away the Benefit of Clergy from Persons stealing privily from the Person of another; and more effectually to prevent the Crime of Larceny from the Person.
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.
An Act passed in the same Year, intituled An Act to facilitate the Trial of Felonies committed on Stage Coaches and Stage Waggons and other such Carriages, and of Felonies committed on the Boundaries of Counties.
An Act passed in the First Year of the Reign of His present Majesty, intituled An Act for the summary Punishment in certain Cases of Persons wilfully or maliciously damaging or committing Trespasses on public or private Property.
An Act passed in the same Year, for making general the Provisions of the hereinbefore recited Act of the Fifty-sixth Year of the Reign of King George the Third
An Act passed in the Session of Parliament holden in the First and Second Years of His present Majesty's Reign, intituled An Act to repeal so much of Two Acts made in the Parliament of Ireland in the Ninth Year of Queen Anne, and in the Seventeenth Year of King George the Second, as inflicts Capital Punishment on Persons guilty of stealing to the Amount of Five Shillings out of or from Shops, Warehouses, and other Outbuildings and Places, and to provide more suitable and effectual Punishment for such Offences.
An Act passed in the Third Year of His present Majesty's Reign, intituled An Act for extending the Laws against Receivers of Stolen Goods to Receivers of stolen Bonds, Bank Notes, or other Securities for Money.
An Act passed in the same Year, intituled 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 of Grand Larceny, and certain other Felonies.
Except as far as the said Act relates to Manslaughter.
An Act passed in the Sixth Year of His present Majesty's Reign, intituled An Act for the Amendment of the Law as to the Offence of sending threatening Letters.
An Act passed in the same Year, intituled An Act to amend Two Acts for removing Difficulties in the Conviction of Offenders stealing Property in Mines, and from Corporate Bodies.
An Act passed in the Sixth Year of His present Majesty's Reign, intituled An Act for the better Regulation of Copartnerships of certain Bankers in Ireland.
As makes any Offence therein mentioned a Felony.[ab]
An Act passed in the same Year, intituled An Act to alter and amend an Act for the better Protection of the Property of Merchants and others, who may hereafter enter into Contracts or Agreements, in relation to Goods, Wares, or Merchandize intrusted to Factors or Agents.
An Act passed in the Seventh Year of His present Majesty's Reign, intituled An Act to provide for the more effectual Punishment of certain Offences in Ireland, by Imprisonment with hard Labour.
As relates to Grand or Petty Larceny, or to receiving stolen Goods, or to false Pretences.[ac]
An Act passed in the Session of Parliament holden in the Seventh and Eighth Years of His present Majesty's Reign, to explain and amend the hereinbefore recited Act of the Seventh Year of the Reign of His present Majesty, for preventing the wilful and malicious Destruction of Dwelling Houses in Ireland
^ abcdefCommons, Great Britain House of (1828). Journals of the House of Commons. H.M. Stationery Office. pp. 322, 340, 358, 364, 374, 386, 391, 396, 417, 433, 499, 521, 535.
^Lords, Great Britain House of (1828). Journals of the House of Lords. Vol. 80. pp. 547, 572–573, 594, 596, 598, 617. Retrieved 19 October 2024.
^ abLords, Great Britain House of (1828). Journals of the House of Lords. Vol. 80. pp. 547, 572–573, 594, 596–598, 617. Retrieved 19 October 2024.
