or interim curator, appointed in the manner and invested with the powers described in the statute, 33 & 34 Vict. c. 23.

1

(f.) 1 Any person subject to the provisions of clauses (d.) or (e.) ceases to be affected by them when he dies, or is made bankrupt, or has suffered any punishment to which sentence of death has been commuted, or has undergone the full term of penal servitude to which he was sentenced, or such other punishment as may have been substituted for it by lawful authority, or receives Her Majesty's pardon.

ARTICLE 17.

RECORDING SENTENCE OF DEATH.

2 When any person is convicted of any felony, except murder, punishable with death, the Court may, if it thinks fit, instead of pronouncing judgment of death on such offender, order the same to be entered of record, and a record of every judgment so entered has the same effect as if the judgment had been duly pronounced and the offender reprieved by the Court.

ARTICLE 18.

PUNISHMENT FOR FELONY IF NO EXPRESS PUNISHMENT PROVIDED FELONIES UNDER THE CONSOLIDATION ACTS.

3 Every person convicted of any felony for which no punishment is specially provided by the law in force for the time being, is liable upon conviction thereof to be sentenced to penal servitude for any period not exceeding seven years.

1 33 & 34 Vict. c. 23, s. 7.

24 Geo. 4, c. 48, ss. 1, 2 (very much abridged). By 6 & 7 Will. 4, c. 30, the same power was given to the Court in cases of murder (R. v. Hogg, 1849, 2 Moo. & R. 380), but this Act was repealed by 24 & 25 Vict. c. 95. As to the history of the subject see 1 Hist. Cr. Law, 472.

3 37 & 8 Geo. 4, c. 28, ss. 8, 9, modified by 1 Vict. c. 90, s. 5; 16 & 17 Vict. c. 99; 20 & 21 Vict. c. 3.

Every person convicted of any felony (except murder) punishable under any of the Criminal Law Consolidation Acts, 1861, may, in addition to any punishment thereby authorized, be required to enter into his own recognizances and to find sureties, both or either, for keeping the peace, and in default thereof may be imprisoned for any period not exceeding a year.

ARTICLE 19.

PREVIOUS CONVICTIONS.

(a) 2 If any person is convicted of any felony, not punish. able with death on the 1st July, 1827, committed after a previous conviction for felony, he is liable, on such subsequent conviction, to be sentenced to penal servitude for life, or to be imprisoned with or without hard labour, for any term not exceeding four years.

1 24 & 25 Vict. c. 96, s. 117; Ibid. c. 97, s. 73; Ibid. c. 98, s. 51; Ibid. c. 99, s. 38; Ibid. c. 100, s. 71.

27 & 8 Geo. 4, c. 28, s, 11. By this Act a person convicted of larceny, after a previous conviction, was liable to transportation for life, &c. By 16 & 17 Vict. c. 99, s. 12, it was enacted that no person shall be liable to be transported by reason only of a previous conviction for larceny, but every such person may be sentenced to not more than ten or less than four years penal servitude. This enactment was repealed by 24 & 25 Vict. c. 95, after having been to some extent superseded by 20 & 21 Vict. c. 3, s. 2, which abolished transportation. By 24 & 25 Vict. c. 96, s. 7, it was enacted that a person convicted of simple larceny after a previous conviction for felony should be liable to a maximum punishment of ten years penal servitude (W.). Probably this was meant to be a substitute for 7 & 8 Geo. 4, c. 28, s. 11, so far as that section applies to convictions for simple larceny, but they are not in terms inconsistent. Theoretically, therefore, I suppose, a person might on a second conviction for larceny be sentenced to penal servitude for life, or imprisonment with hard labour for four years, and to be thrice publicly whipped. The question of the legality of such a sentence is not likely to occur in practice; see Article 347, Note 2. By 27 & 28 Vict. c. 47, s. 2, a person sentenced to penal servitude, after a previous conviction for felony, could not be sentenced to less than seven years. But this was repealed by 42 & 43 Vict. c. 54, s. 1. Practically, therefore, the net result of all this legislation is as stated in the text. The simple" larceny of the 24 & 25 Vict. c. 96, obviously means larceny not subjected to any special punishment by reason of any of the aggravating circumstances provided for in that Act. Hale uses the expression "simple" larceny in contradistinction to larceny with violence, which is robbery: 1 Hale, P. C. 503. As to what constitutes a previous conviction see R. v. Blaby, 1894, 2 Q. B. 170, post, p. 359.

Provided that a person convicted of simple larceny after a previous conviction for felony, cannot be sentenced to a longer term of penal servitude than ten years.

(b) 1 When any person is convicted of any felony, or of any of the misdemeanors, mentioned in the note hereto, 2 and a previous conviction of any felony, or any such misdemeanor is proved against him, the Court having cognizance of the indictment may, in addition to any other punishment which it may award to him, direct that he is to be subject to the supervision of the police for a period of seven years, or such less period as the Court may direct, commencing immediately after the expiration of the sentence passed on him for the last of such crimes.

ARTICLE 20.

SPECIAL OFFENCES IN THE CASE OF PERSONS TWICE CONVICTED.

3 Every person convicted on indictment of any felony or any such misdemeanor as is mentioned in the note hereto,* and having had a previous conviction of any such offence proved against him, is liable to a punishment of a year's imprisonment and hard labour, if at any time within seven years immediately after the expiration of the sentence passed upon him for the last of such offences,

(a.) 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 he is getting his livelihood by dishonest means; or if,

(b.) on being charged with any offence punishable on in

134 & 35 Vict. c. 112, s. 8, and s. 20, which defines the word "crime" employed in s. 8.

2 Viz., 1. Uttering false or counterfeit coin. 2. Possessing counterfeit gold or silver coin. 3. Obtaining goods or money by false pretences. 4. Conspiracy to defraud. 5. Being found by night armed with intent to break into a dwelling-house. 6. Being found by night, without lawful excuse, with housebreaking implements. 7. Being found by night with face blackened, &c., with intent to commit felony. 8. Being found by night in any dwelling-house or building with intent to commit felony. 334 & 35 Vict. c. 112, ss. 7, 20.

4 See Note 2, supra.

dictment or summary-conviction, and on being required by the Court of summary jurisdiction to give his name and address, he refuses to do so, or gives a false name or false address; or if

(c.) 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 punishable on indictment or summary conviction, or was waiting for an opportunity to commit or aid in the commission of any offence punishable on indictment or summary conviction; or if

(d.) he is found in or upon any dwelling-house, or any building, yard, or premises being parcel of or attached to such dwelling-house, or in or upon any shop, warehouse, counting-house, or other place of business, or in any garden, orchard, pleasure-ground, or nursery-ground, or in any building, or erection in any garden, orchard, pleasure-ground, or nursery-ground, without being able to account to the satisfaction of the Court before whom he is brought for his being found on such premises.

ARTICLE 21.

PUNISHMENT OF PERSONS UNDER SIXTEEN YEARS OF AGE.

1 Whenever any offender who, in the judgment of the Court, justices, or magistrate before whom he is charged is under the age of sixteen years, is convicted, on indictment or in a summary manner, of an offence punishable with penal servitude or imprisonment, and is sentenced to be imprisoned for the term of ten days or a longer term, the Court, justices, or magistrate may also sentence him to be sent at the expiration of his period of imprisonment to a certified reformatory school, and to be there detained for a period of not less than two years and not more than five

years.

A youthful offender under ten is not to be so directed to be sent to a reformatory school unless he has been previously

1 29 & 30 Vict. c. 117, s. 14

charged with some crime or offence punishable with penal servitude or imprisonment, or is sentenced by a judge of assize or court of general quarter or quarter sessions.

ARTICLE 22.

PROBATION OF FIRST OFFENDERS.

1In any case in which a person is convicted of larceny or false pretences, or any other offence punishable with not more than two years imprisonment, before any Court, and no previous conviction is proved against him, if it appears to the Court before whom he is so convicted that, regard being had to the youth, character and antecedents of the offender, to the trivial nature of the offence and to any extenuating circumstances under which the offence was committed, it is expedient that the offender be released on probation of good conduct, the Court may instead of sentencing him at once to any punishment, direct that he be released on his entering into a recognizance, with or without sureties, and during such period as the Court may direct, to appear and receive judgment when called upon, and in the meantime to keep the peace and be of good behaviour. The Court may direct that the offender do pay the costs of the prosecution, or a portion thereof within a given time and by given instalments.

The original Court or any Court of summary jurisdiction, if satisfied by information on oath that the offender has failed to observe any of the conditions of his recognizance, may issue a warrant for his apprehension; on which he may be remanded till judgment.

The Court before directing the release of an offender under this Act must be satisfied that he or his surety has a fixed place of abode or regular occupation in the place for which the Court acts, or in which the offender is likely to live during the period named for the observance of the conditions.

1 50 & 51 Vict. c. 25. I do not see how this Act conferred on the Court any powers which it did not already possess, except that on a breach of a condition of the recognizance the offender may be arrested and remanded or held to bail.

C