at length the previous indictment, &c., and to peace, in 38. Whenever any person shall be convicted of any Fine and indictable misdemeanor punishable under this Act, sureties for the Court may, if it shall think fit, in addition to or keeping the in lieu of any of the punishments by this Act autho- what cases. rised, fine the offender, and require him to enter into his own recognisances, 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 recognisances and to find sureties, both or either, for keeping the peace, in addition to any punishment by this Act authorised; provided that no person shall be imprisoned under this clause, for not finding sureties, for any period exceeding one year. -- Note. See ante, p. 6, for the note to this section. 39. Whenever imprisonment, with or without Hard hard labour, may be awarded for any indictable labour. 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 of correction. Solitary confine ment. Note.-See ante, p. 5, for the note to this section. 40. Whenever solitary confinement may be awarded for any offence under this Act, the Court may direct the offender to be kept in solitary confinement for any portion or portions of his imprisonment, or of his imprisonment with hard labour, not exceeding one month at any one time, and not exceeding three months in any one year. Note.-See ante, p. 5, for the note to this section. Summary Vict. c. 43, and in Ireland under the Vict. c. 93. 14 & 15 41. Every offence hereby made punishable on sumproceedings mary conviction may be prosecuted in England in the in England may manner directed by the Act of the Session holden in be under the eleventh and twelfth years of Queen Victoria. the 11 & 12 chapter forty-three, and may be prosecuted in Ireland before two or more justices of the peace, or one metropolitan or stipendiary magistrate, in the manner directed by the Act of the Session holden in the fourteenth and fifteenth years of Queen Victoria, chapter ninety-three, or in such other manner as may be directed by any Act that may be passed for like purposes; and all provisions contained in the said Acts shall be applicable to such prosecutions in the same manner as if they were incorporated in this Act: Except in Provided that nothing in this Act contained shall in the Metro- any manner alter or affect any enactment relating to politan procedure in the case of any offence punishable on summary conviction within the City of London or the metropolitan police district, or the recovery or application of any penalty or forfeiture for any such offence. London and Police District. Note. See the note to s. 76 of the Offences against the Person Act, ante, p. 96. tions. 42. In all prosecutions for any offence against this Costs of Act in England, which shall be conducted under the prosecudirection 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 order 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. Note.-Before the passing of this Act the costs of mint prosecutions were paid by the treasury wherever they were conducted by the solicitors of the treasury; but in no other case. As the solicitors of the treasury were accustomed to employ attorneys in the country to conduct these prosecutions, and they did not always like to pay the witnesses before they had received the costs of the prosecution from the treasury, it sometimes happened that the witnesses did not get their expenses till a considerable time after the trial, and the earlier part of this clause was introduced in order that the attorneys might at once obtain the costs of the prosecution, and pay the witnesses their expenses; and, as in all mint prosecutions so conducted the expenses were invariably paid, the first part of the clause is imperative, and the Court must allow the expenses. It sometimes also happened that private individuals conducted mint prosecutions, after the officers of the mint had declined to prosecute, and, considering the importance of bringing offenders in such cases to justice, it was thought expedient to give the costs in some of these cases; the second part of the clause therefore gives the Court a discretion to grant the costs in such Commencement of Act. cases, provided a conviction takes place, but not otherwise. This provision will on the one hand encourage prosecutions where there are substantial grounds for them, and on the other hand it will prevent speculative prosecutions where the evidence is unsatisfactory. This clause is confined to England, as it was introduced to provide for the state of things there existing. 43. This Act shall commence and take effect on the first day of November, one thousand eight hundred and sixty-one. REPEALING ACT. 24 & 25 VICT. c. XCV. An Act to repeal certain enactments which have been consolidated in several Acts of the present session relating to indictable offences and other [6th August, 1861.] matters. WHEREAS HEREAS by six several Acts of the present session of Parliament, relating respectively to offences against the person, malicious injuries to property, larceny, forgery, coining, and accessories and abettors, divers Acts and parts of Acts have been consolidated and amended, and it is expedient to repeal the enactments so consolidated and amended, and certain other enactments: Be it therefore 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: parts of 1. The several Acts and parts of Acts in the sche- Repeal of dule hereto annexed shall continue in force until and Acts and throughout the last day of October in the present Acts menyear, and shall from and after that day be repealed tioned in to the extent following; (that is to say,) in any case schedule. where the enactment does not form part of the law of Scotland then the enactment shall be wholly repealed, but in any case where the enactment does form part of the law of Scotland, then the enactment shall be wholly repealed as to every other place, but shall not be repealed as to Scotland, unless otherwise expressly mentioned. |