PART V. for the same, or shall receive a free pardon from Her Majesty) shall continue thenceforth incapable of holding any military or naval office, or any civil office under the crown or other public employment, or any ecclesiastical benefice, or of being elected, or sitting, or voting as a member of either house of parliament, or of exercising any right of suffrage or other parliamentary or municipal franchise whatever within England, Wales, or Ireland."

By sect. 3, upon the conviction of any person for treason or felony, he may be condemned to the payment of the whole or any part of the costs or expenses incurred in and about the prosecution and conviction, and the payment may be ordered to be made out of any moneys taken from him on his apprehension, or may be enforced as mentioned in this section. (R. v. Roberts, 43 L. J. M. C. 17; L. R. 9 Q. B. 77.)

By sect. 4, immediately after the conviction of any person for felony, the court, upon the application of the party aggrieved, may award any sum of money not exceeding £100, by way of satisfaction or compensation for any loss of property suffered by the applicant, through or by means of the said felony, and the amount may be enforced as mentioned in this section.

By sect. 6, "the expression convict,' as hereinafter used, shall be deemed to mean any person against whom, after the passing of this Act, judgment of death or of penal servitude shall have been pronounced or recorded by any court of competent jurisdiction in England, Wales, or Ireland, upon any charge of treason or felony."

By sect. 7, "when any convict shall die or be made bankrupt, or shall have suffered any punishment to which sentence of death, if pronounced or recorded against him, may be lawfully commuted, or shall have undergone the full term of penal servitude for which judgment shall have been pronounced or recorded against him, or such other punishment as may by competent authority have been substituted for such full term, or shall have received Her Majesty's pardon for the treason or felony of which he may have been convicted, he shall thenceforth, so far as relates to the provisions hereinafter contained, cease to be subject to the provisions of this Act."

By sect. 8, no action for the recovery of any property, debt, or damage can be brought by any convict during the time he is subject to the operation of this Act; and he is incapable, during such time, of alienating or charging any property, or of making any contract, save as hereinafter provided. By

sect. 9, the crown may appoint administrators of his pro- CH. XXII. perty. By sect. 13, they may pay out of his property costs of the prosecution, &c., and his debts and liabilities. By sect. 15, "the administrator may cause to be paid or satisfied out of such property such sum of money by way of satisfaction or compensation for any loss of property or other injury alleged to have been suffered by any person through or by means of any alleged criminal or fraudulent act of such convict, as to him shall seem just, although no proof of such alleged criminal or fraudulent act may have been made in any court of law or equity; and all claims to any such satisfaction or compensation may be investigated in such manner as the administrator shall think fit, and the decision of the administrator thereon shall be binding." By sect. 17, the powers given to the administrator may be exercised by him in such order and course, as to the priority of payments or otherwise, as he shall think fit; and all contracts of letting or sale, mortgages, conveyances, or transfers of property, bonâ fide made by the administrator under the powers of this Act, and all payments or deliveries over of property bonâ fide made by or under the authority of the said administrator for any of the purposes herein before mentioned, shall be binding; and the propriety thereof, and the sufficiency of the grounds on which the said administrator may have exercised his judgment or discretion in respect thereof shall not be called in question by such convict, or by any person claiming an interest in such property by virtue of this Act. By sect. 18, the property reverts to the convict or his representatives on completion of sentence, pardon, or death. By sect. 21, if no administrator is appointed, a curator may be appointed by justices. By sect. 27, the execution of judgments against convicts is provided for.

At p. 31 of their report the Criminal Code Commissioners state" that persons convicted of felony cannot serve on juries (33 & 34 Vict. c. 77, s. 10 [Eng.], 34 & 35 Vict. c. 65, s, 17 [Ire.]), nor retail wine (23 & 24 Vict. c. 27, s. 32) or spirits (33 & 34 Vict. c. 29, s. 14), nor keep a beerhouse (3 & 4 Vict. c. 61, s. 17), nor be brokers in London (33 & 34 Vict. c. 60, s. 6)."

Where no punishment is specially provided by law, fine and For misimprisonment (both or either) are the most ordinary sentences demeanors in cases of misdemeanor; but the court may in addition to any other punishment require the offender to find sureties to keep the peace and be of good behaviour. (1 Russ. on Crimes, p. 198.) When sentence of imprisonment is passed the court may also order hard labour for certain offences specified

PART V. in 3 Geo. 4, c. 114, and 14 & 15 Vict. c. 100, s. 29, ante, p. 151. Under the Crim. Law Con. Acts, 1861, the court may where any person is convicted of any indictable misdemeanor punishable under such Acts, in addition to or in lieu of any other punishments, fine the offender and require him. to enter into his own recognizances and to find sureties, both or either for keeping the peace and being of good behaviour. (1 Russ. on Crimes, 81.) But no person can be imprisoned under these Acts for not finding sureties for more than 1 year. By 28 & 29 Vict. c. 126, s. 67, when a person convicted of misdemeanor is sentenced to imprisonment without hard labour, the court before whom he is tried may order that he be treated as a misdemeanant of the first division; in which case he is not deemed to be a criminal prisoner within the meaning of this Act. As to the classification and treatment of prisoners, see 40 & 41 Vict. c. 21.

Sentence By the 7 & 8 Geo 4, c. 28, s. 10, wherever sentence is when per- passed for felony on a person already imprisoned under senson already tence for another crime, the court may award imprisonment under sen- for the subsequent offence, to commence at the expiration of

tence.

Juvenile

offenders.

the imprisonment to which such person has been previously sentenced; and where such person is already under sentence either of imprisonment or of penal servitude, the court, if empowered to pass sentence of penal servitude, may award such sentence for the subsequent offence, to commence at the expiration of the imprisonment or term to which such person has been previously sentenced. Where a person is charged with several offences at the same time of the same kind, he may be sentenced to several terms of imprisonment or penal servitude, one to commence after the conclusion of the other. (Castro v. The Queen, 50 L. J. Q. B. 497.)

By the Reformatory Schools Act, 1866 (29 & 30 Vict. c. 117), s. 14, any offender, who, in the judgment of the court, or magistrates before whom he is charged, is under the age of 16 years, is convicted, on indictment or in a summary manner, of an offence punishable with penal servitude or imprisonment, and is sentenced to be imprisoned for 10 days or longer, may be sentenced to be sent, at the expiration of his imprisonment, to a certified reformatory school, for not less than 2 years and not more than 5 years. But an offender under the age of 10 years cannot be sent to a reformatory school unless he has been previously charged with some crime or offence punishable with penal servitude or imprisonment, or is sentenced by a judge of assize or court of general or quarter sessions. The particular school to which the youthful offender is to be sent

may be named either at the time of his sentence being CH. XXII. passed, or within 7 days thereafter, by the court, or magistrate who sentenced him, or in default thereof at any time before the expiration of his imprisonment by any visiting justice of the prison to which he is committed. So far as is possible, a selection is made of a school conducted in accordance with the religious persuasion to which the offender belongs. Upon the representation of the parent (or in the case of an orphan), then of the guardian or nearest adult relative, of any offender detained in any such school, a minister of the religious persuasion of such offender, at certain fixed. hours of the day, fixed by the Secretary of State for the purpose, may visit such school for the purpose of affording religious assistance to such offender, and also for the purpose of instructing him in the principals of his religion.

ment same effect as

When a person is convicted of a felony not punishable Suffering with death and has endured the punishment which has been punishadjudged to him for the same, the punishment so endured has the like effect and consequences as a Queen's pardon as to pardon. such felony. (9 Geo. 4, c. 32, s. 3. Leyman v. Latimer, 46 L. J. Ex. 765; 14 Cox C. C. 51.)

count is

If any one count in an indictment be bad, a general judg- Judgment ment against the defendant "for his offences aforesaid," is when one bad. (O'Connell v. R., 11 Cl. & Fin. 155.) For this reason bad. the court sometimes passes the same sentence on each count in the indictment, making one sentence concurrent with the other.

The court may, at any time during the same sessions or Altering assizes, vacate the judgment passed upon the defendant, be- sentence. fore it has become matter of record, and pass another less or more severe. (Com. Dig. Indictment, (N.); Bac. Abr., Court of sessions.)

A reprieve is a suspension of the execution—it is granted by Reprieve. the Queen, and it is said that it may be granted by the court empowered to award the execution. (1 Hale, 368; 2 Hale, 412; 2 Hawk. c. 51, s. 8.)

PART V.

CHAPTER XXIII.

COSTS HEREIN OF REWARDS FOR APPREHENSION, &C., OF

OFFENDERS.

At common law.

Present law.

Ar common law, as it is a general principle that the Queen neither pays nor receives costs, and as an indictment, though carried on by an individual, is always considered as her suit, no costs are payable, whatever may be the event of the prosecution (Hullock, 557); therefore at common law the prosecutor had to defray his own expenses, and witnesses were bound to attend on a criminal trial and give evidence on the part of the prosecution and had to pay their own expenses.

At p. 40 of their report the Crim. Code Commissioners, state" as the law now stands, costs may be allowed in all cases of felony, and in all misdemeanors indictable under any of the Consolidation Acts of 1861; also (by 7 Geo. 4, c. 64), for assaults with intent to commit felony, attempts to commit felony, riots, misdemeanors for receiving stolen property knowingly, assaults upon peace officers in the execution of their duty, or upon persons acting in their aid, neglect and breach of duty as a peace officer, assaults committed in pursuance of any conspiracy to raise the rates of wages, indecent exposure, perjury and subornation of perjury; also (by 14 & 15 Vict. c. 55, s. 2), in cases of abduction, conspiracy to accuse a person of felony and conspiring to commit a felony-in short, in all the commoner misdemeanors. The law as to costs in Ireland is substantially the same, though it is in practice differently administered by reason of all prosecutions being conducted by the crown officers.'