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teen or not less than seven years, or imprisonment for three years or not less than one year. The above section is therefore a substitution for the last-mentioned provision.

As to imprisonment and solitary confinement, see post, ss. 52, 53.

which were

before the

capital
1 W. 4, c. 66,
otherwise
punishable
act, shall be

and are not

under this

punished

with penal for life, &c.

servitude

48. Where by any act now in force any person All forgeries falsely making, forging, counterfeiting, erasing or altering any matter whatsoever, or uttering, publishing, offering, disposing of, putting away, or making use of any matter whatsoever, knowing the same to have been falsely made, forged, counterfeited, erased or altered, or any person demanding or endeavouring to receive or have any thing, or to do or cause to be done any act, upon or by virtue of any matter whatsoever, knowing such matter to have been falsely made, forged, counterfeited, erased or altered, would, according to the provisions contained in any such act, be guilty of felony, and would, before the passing of the act of the first year of king William the fourth, chapter sixty-six, have been liable to suffer death as a felon; or where by any act now in force any person falsely personating another, or falsely acknowledging any thing in the name of another, or falsely representing any other person than the real party to be such real party, or wilfully making a false entry in any book, account or document, or in any manner wilfully falsifying any part of any book, account or document, or wilfully making a transfer of any stock, annuity or fund, in the name of any person not being the owner thereof, or knowingly taking any false oath, or knowingly making any false affidavit or false affirmation, or demanding or receiving any money or other thing by virtue of any probate or letters of administration, knowing the will on which such probate shall have been

Principals

obtained to have been false or forged, or knowing such probate or letters of administration to have been obtained by means of any false oath or false affirmation, would, according to the provisions contained in any such act, be guilty of felony, and would before the passing of the said act of the first year of king William the fourth have been liable to suffer death as a felon; or where by any act now in force any person making or using, or knowingly having in his custody or possession, any frame, mould, or instrument for the making of paper, with certain words visible in the substance thereof, or any person making such paper, or causing certain words to appear visible in the substance of any paper, would, according to the provisions contained in any such act, be guilty of felony, and would before the passing of the said act of the first year of king William the fourth have been liable to suffer death as a felon; then, and in each of the several cases aforesaid, if any person shall after the commencement of this act be convicted of any such felony as is hereinbefore in this section mentioned, or of aiding, abetting, counselling, or procuring the commission thereof, and the same shall not be punishable under any of the other provisions of this act, every such person shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years,-or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement.

Framed on the 11 Geo. 4 & 1 Will. 4, c. 66, s. 1, and extended to Ireland. As to imprisonment and solitary confinement, see post, ss. 52, 53.

49. In the case of every felony punishable under

degree and

A bettors in

nors.

this act, every principal in the second degree (a), in the second and every accessory before the fact shall be punish- accessories. able in the same manner as the principal in the misdemeafirst degree is by this act punishable; and every accessory after the fact to any felony punishable under this act shall on conviction be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement; and every person who shall aid, abet, counsel or procure the commission of any misdemeanor punishable under this act shall be liable to be proceeded against, indicted and punished as a principal offender.

(a) See the note to sect. 98 of the 24 & 25 Vict. c. 96, ante, p. 98.

See

Framed on the 11 Geo. 4 & 1 Will. 4, c. 66, s. 25. the Accessories and Abettors Act, 24 & 25 Vict. c. 94, ss. 1, 2, 4, 8, and notes to those sections, ante, pp. 1, 5, from which it will be seen that this section is merged in the general provision of that act.

committed

within the jurisdiction of the ad

miralty.

50. All indictable offences mentioned in this act Offences which shall be committed within the jurisdiction of the admiralty of England or Ireland shall be deemed to be offences of the same nature and liable to the 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 they had been actually committed in that county or place; and in any indictment for any such offence, or for being an accessory to such an offence, the venue in the margin shall be the same as if the offence had been committed in such county

Fine and sureties for

keeping the peace; in what cases.

Hard labour.

Solitary confinement.

or place, and the offence shall be averred to have
been committed on 66
the high seas;" 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.

Framed on the 11 Geo. 4 & 1 Will. 4, c. 66, s. 27. See also the 7 & 8 Vict. c. 2 (unrepealed), which is thus extended to Ireland. So far as respects accessories, this provision is merged in the 24 & 25 Vict. c. 94, ss. 7, 9; vide ante, pp. 4, 5.

51. [Whenever any person shall be convicted of a misdemeanor under this act it shall be lawful for the court, if it shall think fit, in addition to or in lieu of any of the punishments by this act authorized, to fine the offender, and to 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 all cases of felonies in this act mentioned it shall be lawful for the court, if it shall think fit, to require the offender to enter into his own recognizances, and to find sureties, both or either, for keeping the peace, in addition to any of the punishments by this act authorized; provided that no person shall be imprisoned under this clause for not finding sureties for any period exceeding one year.]

52. Whenever imprisonment, with or without hard labour, may be awarded for any 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.

53. 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.

This section follows the provisions of the 7 Will. 4 & 1 Vict. c. 90, s. 5.

54. The court before which any indictable misdemeanor against this act shall be prosecuted or tried may allow the costs of the prosecution in the same manner as in cases of felony; 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.

See the note to sect. 121 of the 24 & 25 Vict. c. 96, ante, p. 118.

55. Nothing in this act contained shall extend to Scotland, except as otherwise hereinbefore expressly provided.

[blocks in formation]

ment of act.

56. This act shall commence and take effect on Commencethe first day of November, one thousand eight hundred and sixty-one.

24 & 25 VICT. CAP. 99.

An Act to consolidate and amend the Statute Law

of the United Kingdom against Offences re-
lating to the Coin.
[6th August, 1861.]

Whereas it is expedient to consolidate and amend the statute law of the united kingdom against of

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