offender shall be apprehended or be in custody, in the same manner in all respects as if the same had been actually committed in that county or place, and in any indictment for any such offence, or for being accessory to any such offence, the venue in the margin shall be the same as if such offence had been committed in such county or place, and the offence itself shall be averred to have been committed “on the high seas;" [and where any of the crimes and offences, or high crimes and offences, mentioned in this act, shall be committed at sea, and the vessel in which the same shall be committed shall be registered in Scotland, or touch at any part thereof, the courts of criminal law of Scotland may inquire, try, and determine the same in the same manner as if such crime and offence, or high crime and offence, had been committed in Scotland ;] provided that nothing herein contained shall alter or affect any of the laws relating to the government of her majesty's land or naval forces.

Framed on the 2 & 3 Will. 4, c. 34, s. 20. So far as respects accessories this provision is merged in the 24 & 25 Vict. c. 94, s. 9. See ante, pp. 5, 6.

37. [Where any person shall have been convicted of any offence against this act, or any former act relating to the coin, and shall afterwards be indicted for any offence against this act committed subsequent to such conviction, it shall be sufficient in any such indictment, after charging such subsequent offence, to state the substance and effect only (omitting the formal part) of the indictment and conviction for the previous offence; and a certificate containing the substance and effect only omitting the formal part) of the indictment and conviction for the previous offence, purporting to

What shall evidence of for a previous

be sufficient

conviction

offence.

When the previous conviction is to be proved on the trial.

be signed by the clerk of the court or other officer
having or purporting to have the custody of the
records of the court where the offender was first
convicted, or by the deputy of such clerk or officer,
shall, upon proof of the identity of the person of
the offender, be sufficient evidence of the previous
conviction, without proof of the signature or official
character or authority of the person appearing to
have signed the same, or of his custody or right to
the custody of the records of the court, and for every
such certificate a fee of six shillings and eight-
pence, and no more, shall be demanded or taken;
and the proceedings upon any indictment for com-
mitting any offence after a previous conviction or
convictions shall be as follows; (that is to say,) the
offender shall, in the first instance, be arraigned
upon so much only of the indictment as charges the
subsequent offence, and if he plead not guilty, or if
the court order a plea of not guilty to be entered on
his behalf, the jury shall be charged, in the first
instance, to inquire concerning such subsequent
offence only; and if they find him guilty, or if on
arraignment he plead guilty, he shall then, and not
before, be asked whether he had been previously
convicted as alleged in the indictment, and if he
answer that he had been so previously convicted
the court may proceed to sentence him accordingly,
but if he deny that he had been so previously con-
victed, or stand mute of malice, or will not answer
directly to such question, the jury shall then be
charged to inquire concerning such previous con-
viction or convictions, and in such case it shall not
be necessary to swear the jury again, but the oath
already taken by them shall for all purposes be
deemed to extend to such last-mentioned inquiry :
provided that if upon the trial of any person
for any

such subsequent offence such person shall give evidence of his good character, it shall be lawful for the prosecutor, in answer thereto, to give evidence of the conviction of such person for the previous offence or offences, before such verdict of guilty shall be returned, and the jury shall inquire concerning such previous conviction or convictions at the same time that they inquire concerning such subsequent offence.]

This section is new so far as offences against the coin are concerned.

The first part of this section is however framed on the 7 & 8 Geo. 4, c. 28, s. 11, which is thus extended to offences against the coin. Under the repealed statute, 2 Will. 4, c. 34, s. 9, a certified copy of the record was necessary. Now a certificate only will be sufficient. As to that part of the section which regulates the proceedings upon the indictment, see the note to sect. 116 of the Larceny Act, 24 & 25 Vict. c. 96, ante, p. 115. There is a difficulty, however, under this section in charging the subsequent offence as a felony without previously showing that which makes it a felony, namely, the previous conviction for misdemeanor. Moreover, arraigning the prisoner for the subsequent offence as for a felony, is equivalent to saying that the prisoner has been before convicted. The legislature perhaps relies upon the ignorance of the jury as to this distinction.

Fine and

sureties for

under this

keeping the

in addition

peace; in

38. Whenever any person shall be convicted of any indictable misdemeanor punishable ct the court may, if it shall think fit, to or in lieu of any of the punishments by this act authorized, fine the offender, and require him to nter into his own recognizances, and to find ureties, both or either, for keeping the peace and eing of good behaviour; and in case of any felony unishable under this act, the court may, if it shall hink fit, require the offender to enter into his own ecognizances, and to find sureties, both or either, or keeping the peace, in addition to any punishent by this act authorized; provided that no per

M

what cases.

Hard labour.

Solitary confinement.

Summary proceedings in England

may be under the 11 & 12 Vict. c. 43, and in Ireland under the 14 & 15 Vict. c. 93.

Except in

son shall be imprisoned under this clause for no finding sureties for any period exceeding one year.

39. Whenever imprisonment, with or withou hard labour, may be awarded for any indictabl offence under this act, the court may sentence the offender to be imprisoned, or to be imprisoned and kept to hard labour, in the common gaol or house o correction.

This section follows the 7 & 8 Geo. 4, c. 29, s. 4.

40. Whenever solitary confinement may be awarded for any offence under this act, the cour may direct the offender to be kept in solitary con finement for any portion or portions of his imprison ment, or of his imprisonment with hard labour, no exceeding one month at any one time, and no exceeding three months in any one year.

Framed on the 7 Will. 4 & 1 Vict. c. 90, s. 5.

41. [Every offence hereby made punishable or summary conviction may be prosecuted in Englan in the manner directed by the act of the session holden in the eleventh and twelfth years of queer Victoria, chapter forty-three, and may be prosecuted in Ireland before two or more justices of the peace or one metropolitan or stipendiary magistrate, it the manner directed by the act of the session holde in the fourteenth and fifteenth years of quee Victoria, chapter ninety-three, or in such othe manner as may be directed by any act that may passed for like purposes; and all provisions con tained in the said acts shall be applicable to suc prosecutions in the same manner as if they were in corporated in this act: provided that nothing

the metro

police dis

this act contained shall in any manner alter or London and affect any enactment relating to procedure in the politan case of any offence punishable on summary con- trict. viction within the city of London or the metropolitan police district, or the recovery or application of any penalty or forfeiture for any such offence.]

prosecu

42. [In all prosecutions for any offence against Costs of this act in England, which shall be conducted under tions. the direction of the solicitors of her majesty's treasury, the court before which such offence shall be prosecuted or tried shall allow the expenses of the prosecution in all respects as in cases of felony; and in all prosecutions for any such offence in England which shall not be so conducted it shall be lawful for such court, in case a conviction shall take place, but not otherwise, to allow the expenses of the prosecution in like manner and every for the payment of such costs shall be made out, and the sum of money mentioned therein paid and repaid, upon the same terms and in the same manner in all respects as in cases of felony.]

;

order

The costs of prosecutions by direction of the treasury have been heretofore paid by the treasury.

ment of act.

43. This act shall commence and take effect on Commencethe first day of November, one thousand eight hundred and sixty-one.

24 & 25 VICT. CAP. 100.

An Act to consolidate and amend the Statute
Law of England and Ireland relating to
Offences against the Person.

[6th August, 1861.] Whereas it is expedient to consolidate and amend