[*eviii 8. Where any holder of a license granted in the form set forth in the *said Schedule (A.) is convicted of an offence punishable summarily under this or any other Act, the justices, sheriff, sheriff substitute, or other magistrate convicting the prisoner shall without delay forward by post a certificate in the form given in Schedule (B.) to this Act annexed, if in England or Scotland to one of Her Majesty's principal secretaries of state, if in Ireland to the lord lieutenant or other chief governor of Ireland, and thereupon the license of the said holder may be revoked in manner provided by the said Penal Servitude Acts. 9. Where any license granted in the form set forth in the said Schedule (A.) is forfeited by a conviction of any indictable offence, or is revoked in pursuance of a summary conviction under this Act or any other Act of Parliament, the person whose license is forfeited or revoked shall, after undergoing any other punishment to which he may be sentenced for the offence in consequence of which his license is forfeited or revoked, further undergo a term of penal servitude equal to the portion of his term of penal servitude that remained unexpired at the time of his license being granted, and shall, for the purpose of his undergoing such last-mentioned punishment, be removed from the prison of any county, borough, or place in which he may be confined, to any prison in which convicts under sentence of penal servitude may lawfully be confined, by warrant under the hand and seal of any justice of the peace of the said county, borough, or place, and shall be liable to be there dealt with in all respects as if such term of penal servitude had formed part of his original sentence. 10. Provided always, that it shall be lawful for Her Majesty, or for the lord lieutenant or other chief governor in Ireland, whenever they shall respectively think fit, to grant from time to time to convicts under sentence of penal servitude, licenses in any other form different from that set forth in Schedule (A.), which they may respectively consider it expedient to adopt, and containing other and different conditions; and such last-mentioned licenses shall be revocable at pleasure by the authority by which they are granted; but no holder of such last-mentioned license. shall be deemed guilty of an offence punishable upon summary conviction merely by reason of the breach of the conditions of the said last-mentioned licenses, or any of them. SCHEDULE (A). Order of License to a Convict made under the Statute. and was then and there sentenced to be kept in penal servitude for the term of and is now confined in the Her Royal license to be at large from the day of his liberation under this order during the remaining portion of his said term of penal servitude, unless the said shall before the expiration of the said term be convicted of some indictable offence within the United Kingdom, in which case such license will be immediately forfeited by law, or unless it shall please Her Majesty sooner to revoke or alter such license. This license is given subject to the conditions endorsed upon the same, upon the breach of any of which it will be liable to be revoked, whether such breach is followed by a conviction or not. And Her Majesty hereby orders that the said be set at liberty within thirty days from the date of this order. Given under my hand and seal 1. The holder shall preserve his license and produce it when called upon to do so by a magistrate or police officer. 2. He shall abstain from any violation of the law. 3. He shall not habitually associate with notoriously bad characters, such as reputed thieves and prostitutes. 4. He shall not lead an idle and dissolute life, without visible means of obtaining an honest livelihood. If his license is forfeited or revoked in consequence of a conviction for any offence, he will be liable to undergo a term of penal servitude equal to the portion of his term of years which remained unexpired when his license was granted, viz., the term of years. SCHEDULE (B). Form of Certificate of Conviction of Holder of License. I do hereby certify that A. B., the holder of a license under the Penal Servitude Act, was on the day of of the offence of in the year and sentenced to duly convicted by C. D., 28 VICT. c. 18. Clerk to the said Justices. An Act for amending the Law of Evidence and Practice on Criminal Trials. [9th May, 1865.] "Whereas it is expedient that the law of evidence and practice on trials for felony and misdemeanor and other proceedings in courts of criminal judicature should be more nearly assimilated to that on trials at Nisi Prius:" be it enacted by the Queen'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 as follows: that is no say, 1. That the provisions of section two of this Act shall apply to every trial for felony or misdemeanor which shall be commenced on or after the first day of July, one thousand eight hundred and sixty-five, and that the provisions of sections from three to eight, inclusive, of this Act shall apply to all courts of judicature, as well criminal as all others, and to all persons having, by law or by consent of parties, authority to hear, receive, and examine evidence. 2. If any prisoner or prisoners, defendant or defendants, shall be defended by counsel, but not otherwise, it shall be the duty of the presiding judge, at the close of the case for the prosecution, to ask the counsel for each prisoner or defendant so defended by counsel whether he or they intend to adduce evidence, and in the event of none of them thereupon announcing his intention to adduce evidence, the counsel for the prosecution shall be allowed to address the jury a second time in support of his case, for the purpose of summing up the evidence against such prisoner or pri soners, or defendant or defendants; and upon every trial for felony or misdemeanor, whether the prisoners or defendants, or any of them, shall be defended by counsel or not, each and every such prisoner or defendant, or his or their counsel respectively, shall be allowed, if he or they shall think fit, to open his or their case or cases respectively; and after the conclusion of such opening or of all such openings, if more than one, such prisoner or prisoners, or defendant or defendants, or their counsel, shall be entitled to examine such witnesses *as he or they may think *cx] fit, and when all the evidence is concluded to sum up the evidence respectively; and the right of reply, and practice and course of proceedings, save as hereby altered, shall be as at present. 3. A party producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but he may, in case the witness shall, in the opinion of the judge, prove adverse, contradict him by other evidence, or, by leave of the judge, prove that he has made at other times a statement inconsistent with his present testimony; but before such last-mentioned proof can be given the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement. 4. If a witness, upon cross-examination as to a former statement made by him relative to the subject-matter of the indictment or proceeding, and inconsistent with his present testimony, does not distinctly admit that he has made such statement, proof may be given that he did in fact make it; but before such proof can be given the circumstances of the supposed statement, sufficient to designate a particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement. 5. A witness may be cross-examined as to previous statements made by him in writing or reduced into writing relative to the subject-matter of the indictment or proceeding, without such writing being shown to him; but if it is intended to contradict such witness by the writing, his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him: provided always, that it shall be competent for the judge, at any time during the trial, to require the production of the writing for his inspection, and he may thereupon make such use of it for the purposes of the trial as he may think fit. 6. A witness may be questioned as to whether he has been convicted of any felony or misdemeanor, and upon being so questioned, if he either denies or does. not admit the fact, or refuses to answer, it shall be lawful for the cross-examining party to prove such conviction; and a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for such offence, purporting to be signed by the clerk of the court or other officer having the custody of the records of the court where the offender was convicted, or by the deputy of such clerk or officer (for which certificate a fee of five shillings, and no more, shall be demanded or taken), shall, upon proof of the identity of the person, be sufficient evidence of the said conviction, without proof of the signature or official character of the person appearing to have signed the same. 7. It shall not be necessary to prove by the attesting witness any instrument to the validity of which attestation is not requisite, and such instrument may be proved as if there had been no attesting witness thereto. 8. Comparison of a disputed writing with any writing proved to the satisfaction of the judge to be genuine shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the court and jury as evidence of the genuineness or otherwise of the writing in dispute. 9. The word "counsel" in this Act shall be construed to apply to attorneys in all cases where attorneys are allowed by law or by the practice of any court to appear as advocates. 10. This Act shall not apply to Scotland. INDEX ΤΟ THE THREE VOLUMES. A. ABANDONING CHILDREN, i. 1016. offence and punishment, ib. ABATEMENT, undue, of price of native commodities indictable, i. 253. forcible and fraudulent, of women, ib. et seq. offence at common law, i. 940. by statute, ib. for lucre, &c., ib. offender incapable of taking any property, i. 941. accessories, ib. construction of 3 Hen. 7 (now repealed), i. 942. county in which offence is committed, i. 943, et seq. taking with intent to marry sufficient, i. 942. indictment, i. 948. evidence of woman carried away, i. 949. construction of the 9 Geo. 4, c. 31, s. 19, i. 947. there must be evidence of taking from motives of lucre, ib. declaration of the defendant evidence of his motives, ib. unlawful abduction of a girl under sixteen from her parents or guardians, i. 950. et seq. forcible abduction and sending of persons into other countries, i. 962. masters of vessels forcing men on shore and leaving them, i. 963. ABETTORS, i. 49, et seq.-See tit. AIDERS AND ABETTORS. ABORTION, murder in attempt to procure, i. 740. administering poison, &c., to cause miscarriage, &c., i. 899, e tseq. procuring drugs, &c., for that purpose, ib. destroying infants in the mother's womb, i. 670. aider and abettor formerly considered, ib. before the fact, i. 57. who is to be considered, ib. description of, in different statutes, i. 58. the same person may be such accessory, and also a principal, i. 57. but was not so chargeable in one indictment, ib. note (x). how he differs from a principal in the second degree, i. 57. if a man be indicted as, he cannot be convicted on evidence of his being after an acquittal on such objection, he may be indicted as principal, |