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peace or some other proper officer, to be dealt with according to law.
Note.—This clause is new, and clearly unnecessary, as far as it relates to any felony or indictable misdemeanor, for there is no doubt whatever that any person in the act of committing any such offence is liable by the common law to be apprehended by any person; but it was introduced at the instigation of the solicitors of the Treasury, as it has been found that there was great unwillingness to apprehend in such cases, in consequence of doubts that prevailed among the public as to the right to
The words " or officer of police,” were introduced in the House of Commons quite unnecessarily, as without doubt every officer of police is a peace officer; and they render this clause inconsistent with other clauses in some of the other Acts.
32. No conviction for any offence punishable on tiorari, &c. summary conviction under this Act shall be quashed
for want of form, or be removed by certiorari into any of Her Majesty's superior courts of record; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a valid conviction to sustain the same.
Note. This clause is taken from the 37 Geo. 3, c. 126, s. 8, and 43 Geo. 3, c. 139, s. 8.
See the note to sec. 72 of the Offences against the Person Act, ante, p. 92.
Venue in 33. All actions and prosecutions to be commenced proceedings against any person for anything done in pursuance of against
this Act shall, in England or Ireland, be laid and tried persons
in the county where the fact was committed, and shall, acting in England, Ireland, or Scotland, be commenced under this
Act. within six months after the fact committed, and not otherwise ; and notice in writing of such action and Notice of
action. of the cause thereof shall be given to the defendant or defender one month at least before the commence
General ment of the action; and in any such action brought issue. in England or Ireland the defendant may plead the general issue, and give this Act and the special matter in evidence, at any trial to be had thereupon, and in Scotland the defender may insist on all rele
Tender of vant defences; and no plaintiff or pursuer shall
amends, recover in any such action if tender of sufficient &c. amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court after such action brought, by or on behalf of the defendant or defender; and if
, in England or Ireland, a verdict shall pass for the defendant, or the plaintiff shall become nonsuit, or discontinue any such action after issue joined, or if, upon demurrer or otherwise, judgment shall be given against the plaintiff, or if, in Scotland, the verdict shall be for the defender, or if the pursuer shall abandon the action, or the Court shall dismiss it as irrelevant or improperly laid, in every such case the defendant or defender shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant or defender has by law in other cases; and though a verdict shall be given for the plaintiff or pursuer in any such action, such plaintiff or pursuer shall not have costs against the defendant or defender, unless the judge before whom the trial shall be shall certify his approbation of the action.
Note.This clause is taken from the 2 Will. 4, c. 34, s. 22, and see the similar clauses in the 37 Geo. 3, c. 126, s. 9, and 43 Geo. 3, c. 139,
See the note to sec. 113 of the Larceny Act, ante, p. 197.
34. All high crimes and offences, and crimes and offences in offences against this Act, which may be committed Scotland.
in Scotland, shall be proceeded against and tried according to the rules and procedure of the criminal law of Scotland, and all proceedings by this Act ade competent before any justice or justices, and all and every the powers and authorities by this Act given to or conferred upon any such justice or justices, shall, in Scotland, be competent before and may be exercised by any sheriff, magistrate, or justice of the peace.
Note.—The earlier part of this clause is framed on the 2 Will. 4, c. 34, s. 15.
The latter part was added at the suggestion of the Lord Advocate.
Punishment of principal in the second degree, and accessories.
35. In the case of every felony punishable under the Act, every principal in the second degree, and every accessory before the fact, shall be punishable in the same manner as the principal in the first degree is by this Act punishable; and every accessory after the fact to any felony punishable under this Act shall be liable to be imprisoned for any term not exceeding two years with or without hard lahour.
Note.-This clause is taken from the 2 Will. 4, c. 34, s. 18.
See the note to sec. 67 of the Offences against the Person Act, ante, p. 88.
Offences 36. All indictable offences mentioned in this Act committed which shall be committed within the jurisdiction of within the jurisdiction
the Admiralty of England or Ireland shall be deemed of the to be offences of the same nature and liable to the Admiralty. same punishments as if they had been committed
upon the land in England or Ireland, and may be dealt with, inquired of, tried, and determined in any county or place in England or Ireland in which the 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.
Note.-This clause is framed on the 2 Will. 4, c. 34, s. 20, and 7 & 8 Vict. c. 2.
The part in italics was added at the suggestion of the Lord Advocate.
See the note to sec. 68 of the Offences against the Person Act, ante, p. 89.
37. Where any person shall have been convicted of What shall any offence against this Act, or any former Act be suffirelating to the coin, and shall afterwards be indicted cient evifor any offence against this Act committed subsequent conviction to such conviction, it shall be sufficient in any such for a preindictment, after charging such subsequent offence, to vious
offence. 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 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 eightpence,
and no more, shall be demanded or taken; and the When the proceedings upon any indictment for committing any previous offence after a previous conviction or convictions shall conviction be as follows ; (that is to say,) the offender shall, in is to be proved on
the first instance, be arraigned upon so much only of the trial. 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 convicted, or stand mute of malice, or will not answer directly to such question, the jury shall then be charged to inquire concerning such previous conviction 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.
Note.—This clause is principally new. Under the 2 Will. 4, c. 34, it was necessary in an indictment for a subsequent offence, to set out