1813: 53 George 3 c.162: An Act to repeal a certain Provision respecting Persons convicted of Felony without Benefit of Clergy, contained in an Act made in the Fifty second Year of the Reign of His present Majesty, for the Erection of a Penitentiary House for the Confinement of Persons convicted within the City of London and County of Middlesex, and for making other Provisions in lieu thereof.
[22d July 1813.]
WHEREAS it is necessary that so much of a certain Act, made in the Fifty second Year of the Reign of His present Majesty King George the Third,
[52 G.3. c. 44.]
intituled An Act for the Erection of a Penitentiary House for the Confinement of Offenders convicted within the City of London and County of Middlesex; and for making Compensation to Jeremy Bentham Esquire, for the Non-performance of an Agreement between the said Jeremy Bentham and the Lords Commissioners of His Majesty’s Treasury, respecting the Custody and Maintenance of Convicts, as enacts,
[§47.]
That in all cases where any Court or Courts shall think fit to sentence any Person or Persons, convicted before such Court or Courts of Felony without Benefit of Clergy, to Imprisonment as or for the Punishment, or Part of the Punishment for such Offence, such Court or Courts may, if they shall think fit so to do, moreover direct that the Person or Persons so convicted shall during such Imprisonment be kept to Hard Labour, should be repealed, and that other Provisions in lieu thereof should be made in respect to the Sentences of Persons convicted before such Court or Courts of Felony with Benefit of Clergy: May it therefore please Your Majesty that it may be enacted; and be it enacted by the King’s Most Excellent Majesty, and 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,
[repealed.]
That so much of the said Act as enacts, ‘That in all cases where any Court or Courts shall think fit to sentence any Person or Persons, convicted before such Court or Courts, of Felony without Benefit of Clergy, to Imprisonment as or for the Punishment, or Part of the Punishment for such Offence, such Court or Courts may, if they shall think fit so to do, moreover direct that the Person or Persons so convicted shall during such Imprisonment be kept to Hard Labour,’ shall be and the same is hereby repealed;
[Felony, Grand and Petit Larceny.]
and that, from and after the passing of this Act, it shall and may be lawful for any Court to pass upon any Person, who shall be lawfully convicted before any such Court or Felony, with Benefit of Clergy, or of any Grand Larceny or of any Petit Larceny, the Sentence of Imprisonment to Hard Labour, either simply and alone, or in addition to any other Sentence which such Court may or shall be authorised by Law to pass upon any Perfect lawfully convicted of any of the Offences aforesaid, as to such Court shall seem fit;
[Punishment.]
and such Person shall thereupon suffer such other Sentence, and be moreover imprisoned and kept to Hard Labour, or be simply imprisoned and kept to Hard Labour, in such Place and for such time as such Court shall think fit to direct, not exceeding the time for which such Courts may now imprison for such Offences.
Source: Butterworths, Statutes of the United Kingdom, 1813.