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(b.) Whenever he is about to leave a police district he must 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 must forthwith notify his place of residence to the chief officer of police of such last-mentioned district. Notification is made as stated above. He is excused from making the notifications required to be made in (a) and (b) if he can prove 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.

(c.) 2 Once in each month he must-if a male-report himself at such time, and personally, or by letter, as may be prescribed by the chief officer of police of the district, either to such chief officer himself, or to such person as he may direct.

(d.) If he fails to do any one of these things within the proper time he is liable to be imprisoned, with hard labour, for any period not exceeding one year.

ARTICLE 12.

PUNISHMENT OF WHIPPING.

(a.) 3 When no special provisions are made as to the punishment of whipping, the number of strokes and the instrument to be used are left to the discretion of the person by whom the whipping is inflicted.

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(b) When the punishment of whipping is awarded by

154 & 55 Vict. c. 69, s. 8, which is enacted in substitution of a part of 34 & 35 Vict. c. 112, s. 8.

234 & 35 Vict. c. 112, s. 8.

3 Such was the practice when whipping was inflicted as a common law punishment, and such must still be the practice where no statutory directions are given as to the mode of inflicting it. The only limitation is contained in the declaration of the Bill of Rights against "illegal and cruel punishments" (1 W. & M. sess. 2, c. 2, preamble).

4 25 Vict. c. 18, ss. 1, 2.

order of one or more justices, in exercise of their power of summary conviction, the order awarding such punishment must specify the number of strokes to be inflicted, and the instrument to be used in the infliction of them. In the case of an offender whose age does not exceed fourteen years the number of strokes inflicted must not exceed twelve, and the instrument used must be a birch rod. No such offender may be whipped more than once for the same offence.

(c.) 1 When the punishment of whipping is awarded by order of a Court for an indictable offence, under the Larceny Act, 1861, the Malicious Injuries to Property Act, 1861, or the Offences against the Person Act, 1861, the Court may sentence the offender to be once privately whipped, and the number of strokes and the instrument with which they are to be inflicted must be specified by the Court in the sentence (d.) When the punishment of whipping is awarded under the Act for the further security of Her Majesty's subjects from personal violence (26 & 27 Vict. c. 44), the Court may direct that the offender-if a male-in addition to the other punishment awarded to him, be once, twice, or thrice privately whipped, subject to the following provisions :—

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(i.) In the case of an offender whose age does not exceed sixteen years, the number of strokes at each such whipping must not exceed twenty-five, and the instrument used must be a birch rod.

(ii.) In the case of any other male offender, the number of strokes must not exceed fifty at each such whipping.

(iii.) In each case the Court in its sentence must specify the number of strokes to be inflicted and the instrument to be used.

(iv.) Such whipping must in no case take place after the expiration of six months from the passing of the sentence.

(v.) Every such whipping to be inflicted on a person sentenced to penal servitude must be inflicted on him before he is removed to a convict prison, with a view to undergoing his sentence of penal servitude.

1 24 & 25 Vict. c. 96, s. 119; c. 97, s. 75; c. 100, s. 70.
226 & 27 Vict. c. 44, s. 1.

ARTICLE 13.

FINE.

1 The punishment of fining consists in ordering the offender to pay to Her Majesty a sum of money expressed in the sentence. When no particular sum is limited as the maximum amount of a fine, the fine imposed must not be excessive.

ARTICLE 14.

PUTTING UNDER RECOGNIZANCES.

The punishment of putting under recognizances consists in ordering the offender to promise to pay to Her Majesty a sum of money expressed in the recognizance if he breaks the condition thereof, and to find other persons to make a similar promise on his behalf and as his sureties. In cases in which the Court or magistrate is authorized to require such securities, they may direct the offender to be imprisoned till he enters into the recognizance and finds the sureties.

1 1 W. & M. sess. 2, c. 2. See also Magna Charta, 'Salvo contenemento suo.'

CHAPTER II

1 CLASSIFICATION OF CRIMES AND GENERAL PROVISIONS AS TO THEIR PUNISHMENT

ARTICLE 15.

TREASON, FELONY, AND MISDEMEANOR.

EVERY crime is either treason, felony, or misdemeanor. Every crime which amounts to treason or felony is so denominated in the definitions of crimes hereinafter contained. All crimes not so denominated are misdemeanors.

ARTICLE 16.

CONSEQUENCES OF A CONVICTION OF TREASON OR FELONY.

The consequences of a conviction of treason or felony are as follows

:

(a.) 2 Every person convicted of treason or felony may be condemned to the payment of the whole or any part of the costs and expenses incurred in and about his prosecution and conviction.

(b.) 3 Immediately upon the conviction of any person for felony, the Court before which he is convicted may award any sum of money not exceeding £100, by way of satisfaction or compensation for any loss of property suffered by any person through or by means of such felony, upon the application of such person. Such sum is to be deemed to be a judgment debt due to the person entitled to receive the same from the person so convicted.

1 2 Hist. Cr. Law, ch. xx. pp. 192-6.

233 & 34 Vict. c. 23, s. 3. The section contains various subsidiary provisions as to costs, which do not bear on the punishment of the offence. See 1 Hist. Cr. Law, 487-9.

3 33 & 34 Vict. c. 23, s. 4.

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(c.) Every person sentenced to death, to penal servitude, or to any term of imprisonment with hard labour, or exceeding twelve months:

(i.) Becomes incapable of holding any military or naval office, or any civil office under the Crown, or other public. employment, or any ecclesiastical benefice, or of being elected, or sitting, or voting as a member of either House of Parliament, or of exercising any right of suffrage or other parliamentary or municipal franchise whatever in England, Wales, or Ireland.

Such incapacity continues until such person has suffered the punishment to which he has been sentenced, or such other punishment as by competent authority may be substituted for the same, or until he receives a free pardon from Her Majesty.

(ii.) If any such person holds, at the time of his conviction, any military or naval office, or any civil office under the Crown, or other public employment, or any ecclesiastical benefice, or any place, office, or emolument in any university, college, or other corporation, or is entitled to any pension or superannuation allowance, payable by the public or out of any public fund; such office, benefice, employment, or place, forthwith becomes vacant, and such pension or superannuation allowance, or emolument, forthwith determines and ceases to be payable, unless such person receives a free pardon from Her Majesty within two months after such conviction, or 2 before the filling up of such office, benefice, employment, or place, if given at a later period.

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(d.) Every person sentenced to death, or to penal servitude, or against whom sentence of death is recorded, is disabled from suing any person, from alienating or charging any property, and from making any contract.

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(e.) The custody and management of the property of any such person may be committed to an administrator,

1 33 & 34 Vict. c. 23, s. 2.

2 I suppose this means if the pardon is given more than two months after the conviction.

3 33 & 34 Vict. c. 23, s. 8.

4 See ss. 9-29 inclusive.

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