Larceny (Ireland) Act 1828
| Jurisdiction | UK Non-devolved |
| Citation | 1828 c. 55 |
| Year | 1828 |
(9 Geo. 4) C A P. LV.
[15th July 1828]
WHEREAS in the last Session of Parliament an Act was passed for consolidating and amending the Laws inEngland relative to Larceny, and other Offences connected therewith; and, it is expedient that Provision should be made in Ireland for the like Purposes:' Be it therefore enacted by the King'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 Authority of the same, That this present Act, and the several Matters herein contained, shall extend toIreland , and not to England, Wales , or Scotland , except in the Two Cases hereinafter specially provided for; and that this Act shall commence and take effect in Ireland on the First Day of September One thousand eight hundred and twenty-eight.
II Distinction between Grand and Petty Larceny abolished; all Larceny shall be considered as Grand Larceny.
II. And be it enacted, 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 hereinafter mentioned for Simple Larceny, and also to try all Accessories to such Larceny.
III Punishments for Simple Larceny, or Felony punishable as such.
III. And be it enacted, That every Person convicted of Simple Larceny, or of any Felony hereby made punishable like Simple Larceny, shall (except in the Cases hereinafter otherwise provided for) 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.
IV For all Offences under this Act hard Labour or Solitary Confinement may be added to Imprisonment.
IV. And be it enacted, That in all Cases whenever any Person shall be convicted of any Felony, Crime, Misdemeanor, or indictable Offence punishable under this Act, for which Imprisonment may be awarded with or without any other Punishment, 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 it shall also be lawful for such Court to direct that the Offender shall be kept in solitary Confinement for the Whole or any Portion or Portions of such Imprisonment, or of such Imprisonment with hard Labour, as to the Court in its Discretion shall seem meet.
V Stealing public or private Securities for Money, or Warrants for Goods, &c. Felony, punishable, according to the Circumstances, as stealing Goods.
V. And be it enacted, That if any Person shall steal any Tally, Order, Exchequer Acquittance, or other Security whatsoever, entitling or evidencing the Title of any Person or Body Corporate to any Share or Interest in any Public Stock or Fund, whether of the United Kingdom, or ofGreat Britain , or of England , or of Scotland , or of Ireland , or of any Foreign State, or in any Fund of any Body Corporate lawfully acting as a Company or Society, or to any Deposit in any Savings Bank, or shall steal any Debenture, Deed, Bond, Bill, Note, Warrant, Order, or other Security whatsoever, for Money or for Payment of Money, whether of the United Kingdom, or of Great Britain , or of England , or of Scotland , or of Ireland , or of any Foreign State, or shall steal any Warrant or Order for the Delivery or Transfer of any Goods or valuable Thing, every such Offender shall be deemed guilty of Felony of the same Nature, and in the same Degree, and punishable in the same Manner, as if he had stolen any Chattel of like Value with the Share, Interest, or Deposit to which the Security so stolen may relate, or of like Value with the Money due on the Security so stolen, or secured thereby and remaining unsatisfied, or with the Valueof the Goods or other valuable Thing mentioned in the Warrant or Order; and each of the several Documents hereinbefore enumerated shall throughout this Act be deemed for every Purpose to be included under and denoted by the Words ‘valuable Security.’
VI Robbery from the Person, Felony, with Death.
VI. And be it enacted, That if any Person shall rob any other Person of any Chattel, Money, or valuable Security, every such Offender, being convicted thereof, shall suffer Death as a Felon; and if any Person shall steal any such Property from the Person of another, or shall assault any other Person with Intent to rob him, or shall with Menaces or by Force demand any such Propertyof any other Person, with Intent to steal the same, every such Offender 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 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.
VII Obtaining Money, &c. by threatening to accuse a Party of an infamous Crime.
VII. And be it enacted, That if any Person shall accuse or threaten to accuse any other Person of any infamous Crime, as hereinafter defined, with a View or Intent to extort or gain from him, and shall by intimidating him by such Accusation or Threat extort or gain from him, any Chattel, Money, or valuable Security, every such Offender shall be deemed guilty of Robbery, and shall be indicted and punished accordingly.
VIII Sending Letters containing menacing Demands, or threatening to accuse a Party of an infamous Crime, to extort Money, &c.
VIII. And be it enacted, That if any Person shall knowingly send or deliver any Letter or Writing demanding of any Person, with Menaces, and without any reasonable or probable Cause, any Chattel, Money, or valuable Security, or if any Person, with a View or Intent to extort or unlawfully gain any Money or Chattel or valuable Security, shall accuse or threaten to accuse, or shall knowingly send or deliver, or directly or indirectly cause to be received, any Letter or Writing accusing or threatening to accuse any Person of any Crime punishable by Law with Death, Transportation, or Pillory, or of any Assault with Intent to commit any Rape, or of any Attempt or Endeavour to commit any Rape, or of any Infamous Crime, as hereinafter defined, every such Offender 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 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.
IX What shall be deemed an infamous Crime.
IX. And for defining what shall be an infamous Crime within the Meaning of this Act, be it enacted, That the abominable Crime of Buggery, committed either with Mankind or with Beast, and every Assault with Intent to commit the said abominable Crime, and every Attempt or Endeavour to commit the said abominable Crime, and every Solicitation, Persuasion, Promise, or Threat offered or made to any Person, whereby to move or induce such Person to commit or permit the said abominable Crime, shall be deemed to be an infamous Crime within the Meaning of this Act.
X Stealing in or from a Church, with breaking in or out, Felony, with Death.
X. And be it enacted, That if any Person shall break and enter any Church, Meeting House, Chapel, or other Place of Divine Worship, and shall steal therein or therefrom any Chattel, or having stolen any Chattel in or from any Church, Meeting House, Chapel, or other Place of Divine Worship, shall break out of the same, every such Offender, being convicted thereof, shall suffer Death as a Felon.
XI Burglary, Felony, with Death.
XI. And be it enacted, That every Person convicted of Burglary shall suffer Death as a Felon; and it is hereby declared, that if any Person shall enter the Dwelling House of another with Intent to commit Felony, or being in such Dwelling House, shall commit any Felony, and shall in either Case break out of the said Dwelling House in the Night-time, such Person shall be deemed guilty of Burglary.
XII Housebreaking, and stealing in a House.
XII. And be it enacted, That if any Person shall break and enter any Dwelling House, and steal therein any Chattel, Money, or valuable Security to...
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