Capital Punishment (Ireland) Act 1842
| Jurisdiction | UK Non-devolved |
| Citation | 1842 c. 28 |
| Year | 1842 |
(5 & 6 Vict.) C A P. XXVIII.
[18th June 1842]
'WHEREAS it is expedient to alter and amend various Statutes now in force inIreland relative to certain Offences by the said Statutes now punishable with Death, and to assimilate the Law in Ireland as to the Punishmentof Death in certain Cases to the Law inEngland: And whereas by an Act passed in the Twelfth Year of the Reign of King George the First, intituled An Act to prevent Marriages by degraded Clergymen and Popish Priests, and for preventing Marriages consummated from being avoided by Pre-contracts, and for the more effectual Punishment of Bigamy , it was amongst other things enacted, that if any Person pretending to be a Popish Priest, or any degraded Clergyman, or any Layman pretending to be a Clergyman of the Church of Ireland as by Law established, should, after the Twenty-fifth Day of April in the Year of our Lord One thousand seven hundred and twenty-six, celebrate or take upon him to celebrate any Marriage between Two Protestants or reputed Protestants, or between a Protestant or reputed Protestant and a Papist, such degraded Clergyman, and Layman pretending to be a Clergyman, should be and was thereby declared to be guilty of Felony, and should suffer Death as a Felon, without Benefit of Clergy: And whereas it is expedient that none of the said Offences should be henceforth punishable with Death:' Be it therefore enacted by the Queen'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 Authorityof the same, That if any Person shall, after the Commencement of this Act, be convicted of any of the Offences herein-before mentioned, such Person shall not suffer Death, or have Sentence of Death awarded against him or her for the same, but shall be liable to be transported beyond the Seas for Seven Years: Provided always, that nothing in this Act contained shall alter or in anywise affect the Provisions of an Act passed in the Third and Fourth Years of the Reign of His late Majesty KingWilliam the Fourth, intituled An Act to repeal certain Penal Enactments made in the Parliament of Ireland against Roman Catholic Clergymen for celebrating Marriages contrary to the Provisions of certain Actsmade in the Parliament of Ireland.
II Recital of 11 G. 2. c. 5. \(I.) inflicting the Punishment of Death for burning or destroying Ships by Owners, Masters, or Mariners.
II. 'And whereas by an Act passed in the Parliament ofIreland in the Eleventh Year of the Reign of King George the Second, intituled An Act for enforcing and making perpetual an Act, intituled ‘An Act for preserving all such Ships, and Goods thereof, which should happen to be so forced on shore or stranded upon the Coasts of this Kingdom, and also for inflicting the Punishment of Death on such as should wilfully burn or destroy Ships ,’ it was among other things enacted, that for the effectual preventing the wilful casting away, burning, or otherwise destroying of Ships by the Owners, Masters, and Mariners thereof and thereto belonging, if any Owner of, or Captain, Master, or Mariner, or other Officer belonging to any Ship should after the Twenty-fifth Day of March which should be in the Year of our Lord One thousand seven hundred and thirty-eight, wilfully cast away, sink, burn, or otherwise Mariners. destroy the Ship of which he was the Owner, or unto which he belonged, or in any Manner otherwise direct and procure the same to be done, to the Prejudice of any Person or Persons, Bodies Politic or Corporate, that should underwrite or execute any Policy or Policies of Insurance thereon, or of any Merchant or Merchants that should load Goods thereon, and should be lawfully convicted thereof, such Person or Persons so offending should be adjudged guilty of Felony, and should suffer Death without Benefit of Clergy, or of the Statute made in the Ninth Year of the Reign of Her late Majesty Queen Anne , intituled And whereas it is expedient that none of the herein-before last-mentioned Offences should henceforth be punishable with Death;' be it therefore enacted, That if any Personshall, after the Commencement of this Act, be convicted of any of the Offences herein-before last mentioned, such Person shall not suffer 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 Offender, or for any Term not less than Fifteen Years, or to be imprisoned for any Term not exceeding Three Years.
III G. 2. c. 5. \(I.), prohibiting Persons serving the French King, repealed.
III. 'And whereas by an Act passed in the Parliament ofIreland in the Twenty-ninth Year of the Reign of King George the Second, intituled An Act to prohibit the Return into this Kingdom of such of His Majesty's Subjects as now are, or at any Time hereafter shall be, in the Service of the French King , it was enacted, that every Person, being a natural-born Subject of this Kingdom, who then was or hereafter should be an Officer, Soldier, or Mariner in the Service of the French King, who should land or should be found in Ireland , or should be found on board any Ship, Vessel, or Boat, being so on board with Intent to land in this Kingdom, and every Person or Persons who should within this Kingdom knowingly aid, abet, conceal, comfort, or succour any such Officer, Soldier, or Mariner returning into this Kingdom, should stand and be adjudged guilty of Felony without Benefit of Clergy, and should suffer and forfeit as Persons attainted of Felony by the Laws of the Land ought to suffer and forfeit: And whereas it is expedient to repeal the said last-recited Act;' be it therefore enacted, That the said recited Act, and the several Matters therein contained, shall from and after the Commencement of this Act be and the same are hereby repealed.
IV Recital of 21 & 22 G. 3. c. 16. s. 16. \(I.) inflicting the Punishment of Death for Embezzlement by Servants of Bank of Ireland of any Note, &c.
IV. 'And whereas by an Act passed in the Parliament ofIreland in the Twenty-first and Twenty-second Years of the Reign of King George the Third, intituled An Act for establishing a Bank by the Name of the Governors and Company of the Bank of Ireland, it was amongst other things enacted, that if any Officer or Servant of the Governor and Company of the Bank of Ireland , being intrusted with any Note, Bill, Dividend Warrant, Bond, Deed, or any Security, Money, or other Effects belonging to the said Governor or Company, or having any Bill, Dividend Warrant, Bond, Deed, or any Security or Effects of any other Person or Persons lodged or deposited with the said Company, or with him as an Officer or Servant of the said Company, shall secrete, embezzle, or run away with any such Note, Bill, Dividend Warrant, Bond, Deed, Security, Money, or Effects, or any Part of them, every Officer so offending, and being thereof convicted in due Form of Law, shall be deemed guilty of Felony, and shall suffer Death as a Felon without Benefit of Clergy: And whereas it is expedient that the said last-mentioned Offences should no longer be punishable with Death;' be it therefore enacted, That from and after the Commencement of this Act, if any Person shall be convicted of any of the Offences herein-before last mentioned, such Person shall not suffer 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 Seven Years, or to be imprisoned for any Term not exceeding Three Years.
V Recital of 23 & 24 G. 3. c. 20. ss. 1. to 8. \(I.) inflicting the Punishment of Death for Obstruction of the Corn Trade, or injuring Storehouses, Vessels, &c. used in the Corn Trade.
V. 'And whereas by an Act passed in the said Parliament ofIreland in the Twenty-third and Twenty-fourth Years of the Reign of King George the Third, intituled An Act for the more effectually punishing such Persons as shall by Violence obstruct the Freedom of Corn Markets and the Corn Trade, or who shall be guilty of other Offences therein mentioned, and for making satisfaction to the Parties injured , it was among other things enacted, that if any Persons, unlawfully, riotously, and tumultuously assembled together, should, at any Time after the passing of the said Act, wilfully and maliciously pull down, demolish, set fire to, or destroy, or should begin to pull down, demolish, set fire to, or destroy, any Storehouse, Mill, Granary, Corn Stack, or other Place where Corn, Grain, Meal, Malt, Flour, or Potatoes are usually stored or kept for Exportation or Sale, or should unlawfully enter or break into any such Storehouse, Mill, Granary, or other Place, or take, carry away, throw abroad, or spoil, or attempt by Force to take, carry away, throw abroad, or spoil, any Corn, Meal, Malt, Flour, or Potatoes stored or kept therein, or should unlawfully enter on board any Ship, Vessel, or Boat wherein any Corn, Grain...
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