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So much of 2 & 3 W.4. c. 123., 3 & 4 W. 4. c. 51. s. 27., and 3 & 4 W. 4. c. 44. as relates to the Punishment of certain Offences, repealed; and such Offences to be punished by Transportation for Life or for Years.
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II. ‘And whereas by the said recited Act of the Second and Third Years of His late Majesty’s Reign, for abolishing the Punishment of Death in certain Cases of Forgery, Persons convicted of the Forgeries and other Offences connected therewith therein respectively referred to are liable to be transported beyond the Seas for Life: And whereas by an Act passed in the Third and Fourth Years of the same Reign, intituled An Act for the Management of the Customs, it was amongst other things enacted, that if any Person or Persons should knowingly and wilfully forge or counterfeit, or cause or procure to be forged or counterfeited, or knowingly and wilfully act or assist in forging or counterfeiting, the Name or Handwriting of any Receiver General of the Customs, or of any Comptroller General of the Customs, or of any Person acting for them respectively as aforesaid, to any Draft, Instrument, or Writing whatsoever, for or in order to the receiving or obtaining any of the Money in the Hands or Custody of the Governor and Company of the Bank of England, on account of the Receiver General of the Customs; or should forge or counterfeit, or cause or procure to be forged or counterfeited, or knowingly and wilfully act or assist in the forging or counterfeiting, any Draft, Instrument, or Writing in Form of a Draft made by such Receiver General or Person as aforesaid, or should utter or publish any such, knowing the same to be forged or counterfeited, with an Intention to defraud any Person whomsoever; every such Person or Persons so offending, being thereof lawfully convicted, should be and was and were thereby declared and adjudged to be guilty of Felony, and should be transported beyond the Seas for Life: And whereas by an Act passed in the Fourth Year of the same Reign, intituled An Act to repeal so much of Two Acts of the Seventh and Eighth Years and Ninth Year of King George the Fourth as inflicts the Punishment of Death upon Persons breaking, entering, and stealing in a Dwelling House; also for giving Power to the Judges to add to the Punishment of Transportation for Life in certain Cases of Forgery, and in certain other Cases, Persons punishable by Transportation for Life under the said recited Act of the Second and Third Years of His late Majesty’s Reign, for abolishing the Punishment of Death in certain Cases of Forgery, are liable, previously to their being transported, in case the Court before whom such Persons shall be convicted shall think fit, to be imprisoned, with or without hard Labour, in the Common Gaol or House of Correction, or to be confined in the Penitentiary, for any Term not exceeding Four Years nor less than One Year: And whereas it is expedient to repeal the said Three lastly herein-before in part recited Acts, so far as relates to the Punishment of Persons liable to be transported for Life, in order that a more discretionary Punishment may be substituted for the same;’ be it therefore enacted, That so much of the said Three lastly herein-before in part recited Acts as relates to the Punishment of Persons convicted of Offences for which they are liable under the said Act of the Second and Third Years or the said Act of the Third and Fourth Years respectively of His late Majesty’s Reign to be transported for Life shall, from and after the Commencement of this Act, be and the same is hereby repealed; and that from and after the passing of this Act every Person convicted of any of such Offences 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 Four Years nor less than Two Years.
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