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ii. Whipping once, twice, or thrice, may be awarded to males of any age in case of:

(a.) Robbery, etc., with violence-or an attempt to choke, suffocate, or strangle. The following regulations must be observed: The whipping must be privately inflicted; (b) if the age of the offender does not exceed sixteen, the number of strokes at each whipping must not exceed twenty-five, and instrument must be a birch rod; (c) in other cases not the more than fifty strokes at a whipping; (d) the court must specify the number of strokes and the instrument; (e) the whipping must not take place after six months from the sentence; (f) in the case of a person sentenced to penal servitude, the whipping must be inflicted before he is removed to a convict prison.(c)

(b.) Felony, after a previous conviction for felony; and certain offenses relating to the falsifying of certificates of previous conviction. The whipping is to be publicly or privately inflicted.()

(c.) Felony for which no particular punishment has been provided.(e)

Solitary confinement.-This may be ordered in certain specified cases mentioned in the criminal consolidation acts. Also for felonies for which no particular punishment has been prescribed by statute; (f) and for certain other offenses which it is unnecessary to enumerate. But in no case may a prisoner be kept in solitary confinement for any longer period than one month at a time, or than three months in the space of one year.(g)

Police supervision.-When any person is convicted on an indictment for a crime (explained by the act to mean in England-any felony, or the offense of uttering false or counterfeit coin, or of possessing counterfeit gold or silver coin, or of obtaining by false pretenses, or of conspiracy to defraud, or of any misdemeanor under 24 and 25 Vict., c. 96, § 58), and a previous conviction of a crime is proved

(c) 26 and 27 Vict., c. 44. (e) Ibid., % 8.

(g) 7 Wm. 4, and 1 Vict., c. 90, 97, 8 75; c. 98, 253; c. 99, 2 40; c.

(d) 7 and 8 Geo. 4, c. 28, ¿ 11. (f) Ibid.,

9.

5; 24 and 25 Vict., c. 96, 119; c. 100, 8 70.

against him, the court may, in addition to any other punishment, direct that he is to be the subject of the supervision of the police for a period of seven years or less, commencing immediately after the expiration of the sentence. passed on him for the last of such crimes.(h)

The consequence of such sentence is that the person to be supervised must notify the place of his residence to the chief officer of police of the district in which his residence is situated, and also notify any change within such district; and if he goes out of the district, he must notify the change to the chief officer of the district he is leaving, and also to the chief officer of the district to which he is going. If a male, he must report himself personally or by letter, as required, once a month to the chief officer of the district. If he offends against these regulations, or is fortyeight hours in any place without notifying the place of his residence to the chief officer, he is subject to imprisonment with or without hard labor for a term not exceeding one year.(i)

Recognizances and sureties.-Under each of the criminal consolidation acts, in case of conviction for an indictable misdemeanor punishable under those acts, the court may 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 behavior, in addition to to or in lieu of any other punishment. In case of a felony punishable under the acts, the court may order him to enter into his own recognizances and to find sureties, both or either, for keeping the peace, in addition to any other punishment. But under these clauses no one may be imprisoned for not finding sureties for any period exceeding one year.(k)

Reformatory and industrial schools.-When any offender who, in the judgment of the court or magistrates, is under the age of sixteen years, is convicted of an offense punishable by pénal servitude or imprisonment, and is sentenced to impris

(h) 34 and 35 Vict., c. 112, § 8. (i) Ibid.

(k) 24 and 25 Vict., 96, 117: c. 97, 8 73; c. 98, 2 51; c. 99, § 38; c 100, 71.

onment for ten days or more, the court or magistrates may also sentence him to be sent, after his imprisonment, to a certified reformatory school, to be there detained for a period of of from two to five years. But if he is under the age of ten years he may not be sent to the reformatory unless he has been previously charged with some offense punishable by penal servitude or imprisonment; or is sentenced by a judge of assize or a court of general or quarter sessions. The court sending such a youthful offender to a school will choose one of his apparent religious persuasion.(/)

Industrial schools meet the case of those who have not to so great an extent fallen into crime, but are on the highway to it. Thus, two magistrates may send the following, among others, to such schools: children apparently under the age of fourteen begging, having no home or visible means of existence, in the company of reputed thieves; destitute orphans, or having a surviving parent in penal servitude or imprisonment; children apparently under the age of twelve charged with an offense punishable by imprisonment or less punishment, but not having been convicted of felony, etc. No child is detained in such school after he has attained the age of sixteen, unless with his own consent expressed in writting.(m)

Other consequences of conviction.

Until recently certain forfeitures and other consequences followed on conviction for treason or felony. But by statute(n) it has been provided that from and after the passing of the act (July 4, 1870) no confession, verdict, inquest, conviction, or judgment of or for any treason, felony, or felo de se, shall cause any attainder or corruption of blood, or any forfeiture, or escheat; provided that nothing in the act shall affect the law of forfeiture consequent upon outlawry. Of course this does not refer to, or interfere with, any fine or penalty imposed in the sentence.(0)

But a conviction for treason or felony for which the sentence is death, penal servitude, or imprisonment with hard

(1) 29 and 30 Vict., c. 117, 14. (n) 33 and 34 Vict., c. 23, § 1.

(m) Ibid., c. 118
(2) Ibid., 8 5.

labor, or exceeding twelve months, determines the tenure of any military or naval office, or any civil office under the crown, or other public employment, or any ecclesiastical benefice, or any office or emolument in any university or other corporation, or any pension or superannuation allowance payable by the public, or out of the public funds, unless a pardon is received within two months after the conviction, or before the filling up of the office, place, etc., if given at a later period. It also disqualifies for the future, until the punishment has been suffered or pardon received, the felon from 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 within England, Wales, or Ireland.(p)

As to the property of the felon.-By the same statute(7) it is provided that this may be committed to the custody and management of an administrator, to be appointed by the crown; or, in default of such appointment, to the management of an interim curator, who may be appointed by the magistrates on an application made in the interest of the felon or his family. The administrator or curator must pay his debts and liabilities, and support his family, and preserve the residue of the property for the felon himself or his representatives, on the completion of his punisnment, his pardon, or his death.

Persons convicted of treason or felony may be condemned in costs; and if convicted of felony may be ordered to pay a sum of money, not exceeding £100, as compensation to the person defrauded or injured by the commission of the felony.(r)

(p) 33 and 34 Vict., c. 23, § 2. (2) Ibid., 22 9, 18, 21. (r) Ibid., 28 3, 4.

CHAPTER XXII.

PROCEEDINGS AFTER TRIAL.

THOUGH there is no appeal on the merits in a criminal case, the verdict of the jury does not always determine the conviction or acquittal of the prisoner. We have already seen(s) that judgment may be arrested on certain grounds. It remains to consider those cases in which the judgment, though actually given, is subsequently affected. This matter will be treated of under the heads of new trial, reversal of judgment by writ of error, and the court for crown cases reserved. The subject of reprieve and pardon will form a separate chapter.

NEW TRIAL.

"Where an indictment has been preferred in the queen's bench, or has been removed into that court by certiorari, a new trial may, after conviction, be moved for, on the ground that the prosecutor has omitted to give due notice of trial; or that the verdict has been contrary to evidence, or to the direction of the judge; or for the improper reception or rejection of evidence, or other mistake or misdirection of the judge; or for any gross misbehavior of the jury among themselves; or for surprise; or for any other cause where it shall appear to the court that a new trial will further the ends of justice.(t)

It is now settled that only in misdemeanors, and not in felonies, can a new trial be granted.(u) As a rule, after a verdict of acquittal, a new trial will not be granted; but this rule is subject to qualifications-for example, where the defendant has kept back witnesses for the prosecution; or where the object of the criminal proceeding is to try a

(8) v. p. 388.
(t) Arch. 188.
(u) R. v. Bertrand, L. R. 1 (Priv. Counc.) 520.

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