offences under titles Agents, Burglary, Cattle, Embezzlement, False Under the Malicious Injuries Act, 24 & 25 Vict. c. 97, s. 61, appli- Under the Coinage Offences Act, 24 & 25 Vict. c. 99, s. 31, applicable to title Coin. By three of the Criminal Law Acts persons loitering in the night and suspected of having committed or being about to commit any felony under the acts, may be taken into custody by any constable or peace officer without warrant (24 & 25 Vict. c. 96, s. 104; c. 97, s. 57; c. 100, s. 66). 5. Offences in Foreign Countries or the Colonies. 11th line from bottom-for "9 Geo. 4, c. 31, s. 7," substitute Page 712. "24 & 25 Vict. c. 100, s. 9." 8th line from bottom-" Id. s. 10." SECT. V. THE PRELIMINARY EXAMINATION AND COMMITTAL 2. Taking the Depositions in ordinary Cases. 3rd line from bottom, substitute “24 & 25 Vict. c. 96, s. 116," Page 735. "12 & 13 Vict. c. 11, s. 3; 14 & 15 Vict. c. 19, s. 2." for 7. Ordering Prosecution in certain Cases. The substituted enactments for "14 & 15 Vict. c. 11, ss. 6, Page 749. 7," are the 24 & 25 Vict. c. 100, s. 73, which are as follows :— "Where any complaint shall be made of any offence against Guardians and sect. 26 of this act (a), or of any bodily injury inflicted upon overseers may any person under the age of sixteen years, for which the party be required to committing it is liable to be indicted, and the circumstances of prosecute in certain cases of which offence amount, in point of law, to a felony, or an attempt offences to commit a felony, or an assault with intent to commit a felony, against this and two justices of the peace before whom such complaint is act. heard shall certify under their hands that it is necessary for the purposes of public justice that the prosecution should be conducted by the guardians of the union or place, or, where there are no guardians, by the overseers of the poor of the place, in which the offence shall be charged to have been committed, such guardians or overseers, as the case may be, upon personal service of such certificate or a duplicate thereof upon the clerk of such guardians or upon any one of such overseers, shall conduct the prosecution, and shall pay the costs reasonably and Costs of prose (a) See tit. "Servants," post. cution. Clerk of guardians may be bound over to prosecute. properly incurred by them therein (so far as the same shall not be allowed to them under any order of any court) out of the common fund of the union, or out of the funds in the hands of the guardians or overseers, as the case may be ;—and, where there is a board of guardians, the clerk or some other officer of the union or place, and, where there is no board of guardians, one of the overseers of the poor may, if such justices think it necessary for the purposes of public justice, be bound over to prosecute." PART II. CHAPTER II. A SYNOPSIS OF INDICTABLE OFFENCES (Under the Acts 24 & 25 Vict. cc. 94, 96, 97, 98, 99, 100). Page 772. Preliminary observations. Page 774. Fine and sureties for keeping the peace. THE Column, "Page, &c. of Formulist" refers to the form given in "Oke's Magisterial Formulist," third edition, of describing the offence. "14 & 15 Vict. c. 100, s. 29," is repealed by 24 & 25 Vict. c. 95, s. 1, so far as relates to " any indecent assault, or any assault occasioning actual bodily harm or any attempt to have carnal knowledge of a girl under twelve years of age," but certain other provisions are substituted by 24 & 25 Vict. c. 100, ss. 47, 52. Each of five of the acts (i. e. 24 & 25 Vict. c. 96, s. 117; c. 97, s. 73; c. 98, s. 51; c. 99, s. 38; c. 100, s. 71), enacts as follows in regard to fine and sureties to keep the peace : "Whenever any person shall be convicted of any indictable misdemeanor punishable under this act the court may, if it shall think fit, in addition to or in lieu of any of the punishments by this act authorized, 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;-and in case of any felony punishable under this act the court may, if it shall think fit, require the offender to enter into his own recognizances, and to find sureties, both or either, for keeping the peace, in addition to any punishment by this act authorized :-provided, that no person shall be imprisoned under this clause for not finding sureties for any period exceeding one year." Then following in each act these provisions: "Whenever imprisonment, with or without hard labour, may be awarded Hard labour. for any indictable offence under this act, the court may sentence the offender to be imprisoned, or to be imprisoned and kept to "Whenever solitary confinement may be awarded for any indictable Solitary con- 66 Throughout the acts the word "month" is used in reference "Month." to the punishment by imprisonment; this means a calendar month" (13 & 14 Vict. c. 21, s. 4). OFFENCE. Class of Offence and Statute or Authority. ABETTORS. 1. In Misdemeanors.] Whosoever shall aid, abet, counsel, or pro- M. 24 & 25 Vict. c. 94, cure the commission of any misdemeanor, whether the same be a misdemeanor at common law or by virtue of any act [See also column "Punishment.”] ABDUCTION (Note 1). [Page 776.] s. 8. s. 53. 2. Where any woman of any age shall have any interest, whether F. 24 & 25 Vict. c. 100, legal or equitable, present or future, absolute, conditional, or contingent in any real or personal estate, or shall be a presumptive heiress or co-heiress, or presumptive next of kin, or one of the presumptive next of kin, to any one having such interest,-whosoever shall, from motives of lucre, take away or detain such woman against her will, with intent to marry or carnally know her, or to cause her to be married or carnally known by any other person. 3. Whosoever shall fraudulently allure, take away, or detain such woman, being under the age of twenty-one years, out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her, with intent to marry or carnally know her, or to cause her to be married or carnally known by any other person. 4. Whosoever shall, by force, take away or detain against her will any woman, of any age, with intent to marry or carnally know her, or to cause her to be married or carnally known by any other person. 5. Whosoever shall unlawfully take or cause to be taken any unmarried girl, being under the age of sixteen years, out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her. [See Reg. v. Timmins, 1 Bell, C. C. 276;| 30 L. J. (N. S.) M. C. 45; 25 J. P. 453.] [See "Child Stealing," Offence 73, post.] ABORTION. [Page 776.] 66 F. Id. F. Id. s. 54. M. Id. s. 55. 6. Every woman, being with child, who, with intent to procure F. 24 & 25 Vict. c. 100, her own miscarriage, shall unlawfully administer to herself any poison or other noxious thing, or shall unlawfully use 7. And whosoever, with intent to procure the miscarriage of any woman, whether she be or be not with child, shall unlawfully administer to her or cause to be taken by her any poison or other noxious thing, or shall unlawfully use any instrument or other means whatsoever with the like intent. s. 58. 1 Apprehension of certain Offenders without Warrant.] By 24 & 25 Vict. c. 100, s. 66, any constable or peace officer may take into custody, without a warrant, any person whom he shall find lying or loitering in any highway, yard or other place during the night, 2 No. 1, p. 488. Assizes (5 & 6 Vict. Discretionary. Pen. serv. 14-3 yrs.; c. 38, s. 1). -or impr. not exc. The same (s. 53). As principal. Yes. Yes. 67 Nos. 3, 4, 75 pp. 488, 489. Assizes (5 & 6 Vict. Discretionary. Pen. serv. life-3 yrs.; Yes. -or impr. not exc. and whom he shall have good cause to suspect of having committed or being about to commit any felony in this act mentioned, and shall take such person as soon as reasonably may be before a justice of the peace, to be dealt with according to law." |