Benford v. Sims [1898] 2 Q. B. 641, decided on similar provisions contained in s. 5 of the Summary Jurisdiction Act, 1848 (11 & 12 Vict. c. 43); and ef. R. v. Clayton, 1 C. & K. 128: R. v. Moland, 2 Mood. C. C. 276. But in certain cases, e.g., where the principal offence is that of a bankrupt under s. 11 of the Debtors Act, 1869 (ante, p. 1135), it is still necessary to indict the abettor on the above form. Evidence. Prove that the principal offence was committed, and that the defendant aided, abetted, counselled, or procured its commission (as ante, p. 1303). BOOK II. PART V. OFFENCES COMMITTED AFTER PREVIOUS CONVICTION, AND OFFENCES BY CONVICTS ON LICENSE OR UNDER POLICE SUPERVISION. Statutes. 7 & 8 G. 4, c. 28 (Criminal Law Act, 1827), s. 11—Punishment of felony after a previous conviction for felony.]-(Whereas it is expedient to provide for the more exemplary punishment of offenders who commit felony after a previous conviction of felony, whether such conviction shall have taken place before or after the commencement of this Act [1st July, 1827]: be it therefore enacted, that [preamble rep. Statute Law Revision, No. 2, 1888]) if any person shall be convicted of any felony, not punishable with death, committed after a previous conviction for felony, such person shall, on such subsequent conviction, be liable. . . to be transported beyond the seas for life. .. [Now to penal servitude, see ante, p. 235. Words omitted rep. Statute Law Revision (No. 2) Act, 1888.] Indictment and trial.]—And in an indictment for any such felony committed after a previous conviction for felony, it shall be sufficient to state that the offender was at a certain time and place convicted of felony, without otherwise describing the previous felony; and a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for the previous felony, 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 first convicted, or by the deputy of such clerk or officer (for which certificate a fee of six shillings and eight pence, and no more, shall be demanded or taken), shall, upon proof of the identity of the person of the offender, be sufficient evidence of the first conviction, without proof of the signature or official character of the person appearing to have signed the same; and if any such clerk, officer, or deputy, shall utter a false certificate of any indictment and conviction for a previous felony, or if any person other than such clerk, officer, or deputy, shall sign any such certificate as such clerk, officer, or deputy, or shall utter any such certificate with a false or counterfeit signature thereto, every such offender shall be guilty of felony; and, being lawfully convicted thereof, shall be liable... to be transported beyond the seas for the term of seven years. [Now to penal servitude, see ante, p. 235. Words omitted rep. Statute Law Revision (No. 2) Act, 1888.] 20 & 21 Vict. c. 3, s. 2-Substitutes penal servitude for transportation.]— Ante p. 235. 54 & 55 Vict. c. 69, s. 1-Regulating length of sentences of penal servitude and authorizing imprisonment in lieu thereof.]—Ante, p. 235. 6 & 7 W. 4, c. 111 (Previous Conviction Act, 1836)—Course of proceedings at the trial on a charge of felony after a previous conviction of felony.]— After reciting that by 7 & 8 G. 4, c. 28 (supra), provision is made for the more exemplary punishment of offenders who shall commit any felony not punishable with death after a previous conviction for felony; and that since the passing of the said Act the practice had been on the trial of any person for any subsequent felony to charge the jury to inquire at the same time concerning such previous conviction: and that doubts might be reasonably entertained whether such practice was consistent with a fair and impartial inquiry as regarded the matter of such subsequent felony, and it was expedient that such practice should thenceforth be discontinued, enacts:-That from and after the passing of this Act [20th August, 1836] it shall not be lawful on the trial of any person for any such subsequent felony to charge the jury to inquire concerning such previous conviction until after they shall have inquired concerning such subsequent felony, and shall have found such person guilty of the same; and whenever in any indictment such previous conviction shall be stated, the reading of such statement to the jury as part of the indictment shall be deferred until after such finding as aforesaid: provided nevertheless, that if upon the trial of any person for any such subsequent felony as aforesaid, such person shall give evidence of his or her good character, it shall be lawful for the prosecutor, in answer thereto, to give evidence of the indictment and conviction of such person for the previous felony before such verdict of guilty shall have been returned; and the jury shall inquire concerning such previous conviction for felony at the same time that they inquire concerning the subsequent felony. 24 & 25 Vict. c. 96 (Larceny Act, 1861), s. 7-Punishment of simple larceny after a previous conviction of felony.]—Ante, p. 428. Sect. 8-Punishment of simple larceny, or any offence by the Larceny Act made punishable like simple larceny after a previous conviction of any indictable misdemeanor punishable under the Larceny Act.]-Ante, p. 428. Obtaining money or goods by false pretences is not an offence" made punishable like simple larceny" within this section, and therefore the fact that in an indictment for that offence a previous conviction for an indictable misdemeanor under the Larceny Act is charged (and proved) does not authorize the court, on conviction of the subsequent offence, to pass a sentence of penal servitude for a longer term than five years. R. v. Horn, 15 Cox, 205. Sect. 9-Punishment of simple larceny, or any offence by the Larceny Act made punishable like simple larceny after two summary convictions.]—Ante, p. 429. Sect. 116-Form of indictment, and course of proceeding at trial, for an offence punishable under the Larceny Act committed after a previous conviction for any felony, misdemeanor or offence punishable upon summary conviction.] -Ante, p. 430. 24 & 25 Vict. c. 99 (Coinage Offences Act, 1861), s. 12-Uttering base coin after a previous conviction under ss. 9-11.]-Ante, p. 973. Sect. 37-Form of indictment and course of proceedings at trial for an offence against the Coinage Act, after a previous conviction for an offence against that Act.]-Ante, p. 961. 27 & 28 Vict. c. 47 (Penal Servitude Act, 1864) s. 9—Remission of convict to undergo original sentence on revocation or forfeiture of licence.]-Where any licence granted in the form set forth in the said schedule A. is forfeited by a conviction on indictment of any offence, or is revoked in pursuance of a summary conviction under this Act or any other Act of Parliament, the person whose licence is forfeited or revoked shall, after undergoing any other punishment to which he may be sentenced for the offence in consequence of which his licence 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 licence 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. [The words in italics were substituted for words originally in the enactment by 54 & 55 Vict. c. 69, s. 3. The section applies now to licences in any form. 27 & 28 Vict. c. 47, s. 10; 54 & 55 Vict. c. 69, s. 5. As to the effect of the section on the powers of the court, see R. v. King [1897] 1 Q. B. 214; 66 L. J. (Q. B.) 87; 18 Cox, 447 (C. C. R.); and ante, p. 232.] 34 & 35 Vict. c. 112 (Prevention of Crimes Act, 1871), s. 5-Convict under licence to notify residence to police.]-Every holder of a licence granted under the Penal Servitude Acts, who is at large in Great Britain or Ireland, shall notify the place of his residence to the chief officer of police of the district in which his residence is situated, and shall whenever he changes such residence within the same police district, notify such change to the chief officer of police of that district, and whenever he is about to leave a police district he shall notify such his intention to the chief officer of police of that district, stating the place to which he is going, and also, if required, and so far as is practicable, his address at that place; and whenever he arrives in any police district he shall forthwith notify his place of residence to the chief officer of police of such last-mentioned district; moreover, every male holder of such a licence as aforesaid shall, once in each month, report himself at such time as may be prescribed by the chief officer of police of the district in which such holder may be, either to such chief officer himself or to such other person as that officer may direct, and such report may, according as such chief officer directs, be required to be made personally or by letter. If any person to whom this section applies fails to comply with any of the requisitions of this section, he shall, in any such case, be guilty of an offence against this Act, unless he proves to the satisfaction of the court before whom he is tried, either that being on a journey he tarried no longer in the place, in respect of which he is charged with failing to notify his place of residence, than was reasonably necessary, or that otherwise he did his best to act in conformity with the law; and on conviction of such offence it shall be lawful for the court in its discretion either to forfeit his licence, or to sentence him to imprisonment, with or without hard 83 A.C.P. labour, for a term not exceeding one year. [The words in italics in this section were substituted for the original provisions of the section by s. 4 of the Penal Servitude Act, 1891 (54 & 55 Vict. c. 69).] 42 & 43 Vict. c. 55 (Prevention of Crime Act, 1879), s. 2.]—After reciting 34 & 35 Vict. c. 112, ss. 5, 8, enacts that :-Any holder of a licence required under section five, and any person subject to the supervision of the police required under section eight of the Prevention of Crimes Act, 1871, to notify his residence or any change of his residence to a chief officer of police, shall comply with such requirement by personally presenting himself and declaring his place of residence to the constable or person who at the time when such notification is made is in charge of the police station or office of which notice has been given to such holder or person as the place for receiving his notification, or if no such notice has been given, in charge of the chief office of such chief officer of police. The power of the chief officer of a police district to direct the reports required by sections five and eight of the Prevention of Crimes Act, 1871, to be made by holders of licences and persons subject to the supervision of the police shall be made to some other person, shall extend to authorize him to direct such reports to be made to the constable or person in charge of any particular police station or office without naming the individual person. Any appointment, direction, or authority purporting to be signed by the chief officer of police, and to have been made or given for the purposes of this Act, or of sections five and eight of the Prevention of Crimes Act, 1871, or one of them, shall be evidence until the contrary is proved, that the appointment, direction, or authority thereby made or given was duly made or given by the chief officer of police, and evidence that it appears from the records kept by authority of the chief officer of police that a person required as above mentioned to notify his residence or change of residence, or make a report, has failed to comply with such requirement, shall be prima facie evidence that the person has not complied with such requirement; but if the person charged alleges that he made such notification or report to any particular person or at any particular time, the court shall require the attendance of such persons as may be necessary to prove the truth or falsehood of such allegation. 34 & 35 Vict. c. 112, s. 7-Special offences by persons twice convicted of crime.]-Where any person is convicted on indictment of a crime [defined s. 20, post, p. 1317], and a previous conviction of a crime is proved against him, he shall, at any time within seven years immediately after the expiration of the sentence passed on him for the last of such crimes, be guilty of an offence under this Act, and be liable to imprisonment, with or without hard labour, for a term not exceeding one year, under the following circumstances, or any of them : - First.-If, on his being charged by a constable with getting his livelihood by dishonest means, and being brought before a court of summary jurisdiction, it appears to such court that there are reasonable grounds for believing that the person so charged is getting his livelihood by dishonest means: or, Secondly.-If, on being charged with any offence punishable on indictment or summary conviction, and on being required by a court of summary jurisdiction to give his name and address, he refuses to do so, or gives a false name or a false address: or, Thirdly. If he is found in any place, whether public or private, under such circumstances as to satisfy the court before whom he is brought that he was about to commit or to aid in the commission of any offence |