1823.] 
[ 447 ] 
BRITISH LEGISLATION. 
—=— 
ACTS PASSED in the FOURTH YEAR of the REIGN of GEORGE THE FOURTH, or in the 
FOURTH SESSION of the SEVENTH PARLIAMENT of the UNITED KINGDOM. 
—r 
AP. XLVI... For repealing. the 
Y Capital Punishments inflicted by 
several Acts of the Sixth and Twenty- 
seventh Y ears of King George the Second, 
and of the Third, Fourth, and Twenty- 
second, Years of King George the Third ; 
and. for providing other Punishments in 
liewthereof, and in lieu of the Punishment 
of -Frame-breaking under an Act of the 
Lwenty-eighth Year of the same reign.— 
July 4, 1823. 
, See. 1.—So much of recited Acts as ex- 
eludes the benefit of elergy from persons 
destroying ‘banks, &c. or cutting hop 
binds, or personating pensioners, repealed; 
and offenders to be liable to transporta- 
ticn, 
“§2:—Panishing persons by transporta- 
tion or imprisonment, at discretion of the 
court, for destroying woollen, silk, linen, 
or’ cottow soo0ds, &c. in the loom, &c.— 
From and after the passing of this Act, if 
any) person shall by day or by night break 
into any house, shop, or building, or enter 
by foree into. any house, shop, or building, 
with intent to cut, break, destroy, or da- 
mage, in the loom or frame, or on any ma- 
chine oy engine, or on the rack or tenters, 
or in any stage, process, or progress, of 
Manufacture, any woollen, silk, linen, or 
cotton, goods, or any goods of any one or 
more of those materials mixed with each 
other, or mixed with any other materia! ; 
or to cut, break, destroy, or damage any 
other article of the woollen, silk, linen, or 
£otton, nianufactures in the loom or frame, 
or,on any machine or engine, or on the 
vack or tenters, or in any stage, process, or 
progress, of manufacture; or to cut, break, 
destroy, or damage any warp or shinte of 
woollen, silk, linen, or cotton, or of any 
one or more of those materials mixed with 
each other, or mixed with any other mate- 
vial, or any framework-knitted piece, 
stocking, hose, or lace; or to burn, break, 
‘cut, destroy, or damage, any loom, frame, 
machine, engine, rack, tool, tackle, uten- 
sil, instrument, or implement, whether 
fixed or moveable, prepared for or em- 
ployed. in carding, spinning, throwing, 
weaving, fulling, shearing, or otherwise 
mauufacturing or preparing, any such 
fee OF articles; or shall wilfully and ma- 
iciously, and without lawful authority, 
cut, break, destroy, or damage any such 
woollen, silk, linen, cotton, or mixed goods, 
or articles, in the loom or frame, or on 
any nlachine or engine, or on the rack or 
teiiters, or in any stage, process, or pro- 
gress of mantifacture ; or burn, break, ent, 
destroy, or damage, any such loom, frame, 
~ 
machine, engine, rack, tool, tackle, uten- 
sil, instrument, or implement, as aforesaid ; 
or counsel, procure, aid, or abet, the com- 
mission of the said offences, or of any of 
them ; every person so offending, being 
thereof lawfully convicted, shall be guilty 
of felony, and shall be liable, at the discre- 
tion of the court, to be transported be- 
yond the seas for L.fe, or for any term not 
Jess than seven years, or to be imprisoned 
only, or to be imprisoned and kept to hard 
labour in the common gaol or House of 
Correction, for any term not exceeding 
sevell years. ) 
Cap. XLVIY. For authorizing the 
Employment at Labour, in the Colonies, 
of Male Convicts under Sentence of 
Transportation. 
Sec. 1.—His Majesty, by order incoun- 
cil, may direct convicts to be employed in 
any part of his Majesty’s dominions out 
of England, under the manageinent of a 
superintendant and overseer.—I{t shall be 
lawful for his Majesty, by an order im 
writing to be notified by oae of his Majes- 
ty’s principal Secretaries of State, to direct 
the removal and confinement of any maie 
offender, either at land or on-board any 
ship or vessel to be provided by his Ma- 
jesty, within the limits of any port or har- 
bour in that part of his Majesty’s domi- 
nions which shail be named in such order 
in council, under the management of the 
sliperintendant now being or hereafter to 
be appointed ia England, and of an over- 
seer to be appointed by his Majesty for 
each ship or vessel or other place of con- 
finement to be provided under this Act 5 
and that every offender who shall be so re- 
moved, shail continue on-board the ship or 
vessel or other place of confinement to be 
so provided, or any similar ship or vessel 
or other place of coufinement to be from 
time to time provided py his Majesty, until 
his Majesty shall otherwise d‘veet, or until 
the offender shall be ,entitled to, his 
liberty. 
Cap. XLVI, £orenabling Courts 
to abstain from pronouncing Sentence of 
Death in certain Capital Helonies. 
See. 1.—Comt may abstain from pro- 
nouncing sentence of death on persons con- 
victed of any felonies, except murder.— 
From and after the passing of this Xet,when- 
ever any person shail be convicted of any 
felony, except 1aurder, and shall by law be 
excluded the benefit of clergy in respect 
thereof, and ‘the court before which sneh 
offender shall be convicted shall be of 
opinion that, under the partienlar cireum- 
stances of the case, such offender is a fit 
and 
