No cer Note.-This clause is taken from the 7 & 8 Geo. 4, c. 30, s. 38, with the additions in italics; as to which see the note to s. 110 of the Larceny Act, ante, p. 195. There is a similar appeal clause in the 14 & 15 Vict. c. 93, s. 24 (I.). 69. No such conviction, or adjudication made on tiorari, &c. appeal therefrom, 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 good and valid conviction to sustain the same. Convictions to be returned to the Quarter Ses sions. How far Note.-This clause is taken from the 7 & 8 Geo. 4, c. 30, s. 39. See the note to s. 72 of the Offences against the Person Act, ante, p. 92. 70. Every justice of the peace before whom any person shall be convicted of any offence against this Act shall transmit the conviction to the next Court of General or Quarter Sessions which shall be holden for the county or place wherein the offence shall have been committed, there to be kept by the proper officer among the records of the court: and upon evidence in any indictment or information against any person for a subsequent offence, a copy of such conviction, certified by the proper officer of the court, or proved to be a true copy, shall be sufficient evidence to prove a conviction for the former offence, and the conviction shall be presumed to have been unappealed against until the contrary be shown. future cases. Note.-This clause is taken from the 7 & 8 Geo. 4, c. 30, s. 40. Venue in 71. All actions and prosecutions to be commenced proceedings against any person for anything done in pursuance against See the note ! e Person Act, and client, and have the like remedy for defendant has by law in other cases verdict shall be given for the plain peace before rio action, such plaintiff shall not have any offence against defendant, unless the judge before viction to the next shall be shall certify his approbation ns which shall be t herein the offence to be kept by the of the court: and tion against an copy of such con r of the court, or e sufficient eviden Former offence, Note. This clause is taken Geo. 4, c. 30, s. 41, and 9 Ge (I.).. See the note to s. 113 of t ante, p. 197. 72. All indictable offences mentio ed to have been which shall be committed within the rary be shown. taken from the the Admiralty of England or Ireland to be offences of the same nature a same punishments as if they had upon the land in England or Irela dealt with, inquired of, tried, and de county or place in England or Irelan tions to be comm offender shall be apprehended or be ing done in purs the same manner in all respects as if Fine and 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 or place, and the offence shall be averred to have been committed" on 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. Note. This clause is framed from the 7 & 8 Geo. 4, c. 30, s. 43; 9 Geo. 4, c. 56, s. 55; 7 Will. 4 & 1 Vict. c. 89, s. 14, and 7 & 8 Vict. c. 2. See the note to s. 68 of the Offences against the Person Act, ante, p. 89. 73. Whenever any person shall be convicted of any sureties for indictable misdemeanor punishable under this Act, keeping the the Court may, if it shall think fit, in addition to or peace; in what cases. in lieu of any of the punishments by this Act authorised, 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. Hard labour. Note.-See ante, p. 6, for the note to this clause. 74. Whenever imprisonment, with or without hard labour, may be awarded for any indictable 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. Note.-See ante, p. 5, for the note to this clause. whipping. 75. Whenever solitary confinement may be Solitary awarded for any indictable offence under this Act, confinethe Court may direct the offender to be kept in soli- ment and tary 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; and whenever whipping may be awarded for any indictable offence under this Act, the Court may sentence the offender to be once privately whipped; and the number of strokes and the instrument with which they shall be inflicted shall be specified by the Court in the sentence. Note.-See ante, pp. 5, 6, for the note to this clause. may be Vict. c. 43, 14 & 15 76. Every offence hereby made punishable on sum- Summary mary conviction may be prosecuted in England in the proceedings in England manner directed by the Act of the session holden in the eleventh and twelfth years of Queen Victoria, under the chapter forty-three, so far as no provision is hereby 11 & 12 made for any matter or thing which may be required and in to be done in the course of such prosecution, and may Ireland be prosecuted in Ireland before two or more justices of under the the peace, or one metropolitan or stipendiary magis- Vict. c. 93; trate, 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: Provided that nothing in this Act contained except in shall in any manner alter or affect any enactment the Metrorelating to procedure in the case of any offence punish- politan able on summary conviction within the city of London Police Disor the Metropolitan Police District, or the recovery or London and trict. tion of mis application of any penalty or forfeiture for any such offence. Note. See the note to s. 76 of the Offences against the Person Act, ante, p. 95. The costs of 77. The Court before which any indictable misdethe prosecu- meanor against this Act shall be prosecuted or tried demeanors may allow the costs of the prosecution in the same against this 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. Act may be allowed. Act not to 78. Nothing in this Act contained shall extend extend to to Scotland, except as herein before otherwise expressly provided. Scotland. Commence 79. This Act shall commence and take effect on ment of the first day of November One thousand eight hundred and sixty-one. Act. |