Appendix. to a fine, the amount of the costs so ordered to be paid shall in no case exceed the amount of the fine, and, except so far as the court may think fit to expressly order otherwise, all fees payable or paid by the informant in excess of the amount of costs so ordered to be paid shall be remitted or repaid to him, and the court may also order the fine or any part thereof to be paid to the informant in or towards the payment of his costs.

4. Remand or committal to place other than prison.]—(1) A court of summary jurisdiction, on remanding or committing for trial any child or young person, may, instead of committing him to prison, remand or commit him into the custody of any fit person named in the commitment who is willing to receive him (due regard being had, where practicable, to the religious persuasion of the child), to be detained in that custody for the period for which he has been remanded, or until he is thence delivered by due course of law, and the person so named shall detain the child or young person accordingly; and if the child or young person escapes he may be apprehended without warrant and brought back to the custody in which he was placed.

(2) The court may also exercise the like powers pending any inquiry concerning a child under section nineteen of the Industrial Schools Act, 1866 (29 & 30 Vict c. 118).

(3) The court may vary or revoke the remand or commitment, and, if it is revoked, the child or young person may be committed to prison.

(5) Where the court makes an order under this section the court may make an order on the parent or other person legally liable to maintain the child or young person, requiring that parent or person to pay, as a contribution towards the cost of maintaining the child or young person, such sum, not exceeding five shillings a week, as the court may think fit, during the whole or any part of the time of his custody. The payment shall be made to the inspector of reformatory and industrial schools, or to a constable or other person authorised by the inspector to receive the payment, and the money paid shall be applied under the direction of the Treasury towards the expenses incurred under this section.

6. Recovery of expenses of maintenance from parent or person legally liable.]—(1) Where a court of summary jurisdiction makes an order that a child or young person be sent to a certified reformatory or industrial school, the court may make at the same time such order for a contribution to his support and maintenance on his parent, or other person legally liable to maintain him, as may be made by justices or a magistrate under sections twenty-five and twenty-six of the Reformatory Schools Act, 1866 (29 & 30 Vict. c. 117), or under section forty of the Industrial Schools Act, 1866 (29 & 30 Vict. c. 118), or under any local Act relating to reformatory or industrial schools; and thereupon, subject to the provisions of this Act, those enactments shall apply as if the order had been made on a complaint thereunder.

(2) An order made on complaint under any of those enact- Appendix, ments may be enforced as an order of affiliation.

(3) A certificate purporting to be under the hand of the inspector or assistant inspector of reformatory and industrial schools, or in the case of a day industrial school of the superintendent of such school or an officer of the managers, or of the superintendent of the school in the case of any school established under a local Act, stating that any sum due from a parent or other person for the maintenance of a child or young person is overdue and unpaid shall be evidence of the facts stated therein.

(4) Where a parent or other person has been ordered under this section or under any of the enactments mentioned therein to contribute to the support and maintenance of a child or young person, he shall give notice of any change of address to the inspector of reformatory and industrial schools or his agent, or in the case of any such school established under a local Act to the superintendent of the school, or in the case of a day industrial school to the superintendent of such school or an officer of the managers, and if he fails to do so, without reasonable excuse, he shall be liable on summary conviction to a fine not exceeding two pounds.

7. Appeals against orders for maintenance.]-(1) Where an order is made under this Act on a parent or other person liable to maintain a child or young person, the order shall be served in the prescribed manner on the person on whom it is made, and shall be binding on him unless he makes an application against it within the prescribed time to the court on the ground either that he is not legally liable to maintain the child or young person, or that he is unable to contribute the sum specified in the order.

(2) The court may confirm the order with or without modifications, or may rescind it.

(3) Any such order may be enforced as an order of affiliation.

10. Rules.] The power to make rules under section twentynine of the Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), shall extend to making rules for regulating the procedure under this Act, and for prescribing anything which may under this Act be prescribed.

11. Definitions.] In this Act the expressions "child," "young person," and "guardian" have respectively the same meanings as in the Summary Jurisdiction Act, 1879, except that the expression "guardian includes the guardian of a young person as well as the guardian of a child.

Appendix.

THE PRISON ACT, 1898.

(61 & 62 VICT. c. 41.)

6. Divisions of prisoners.]—(1) Prisoners convicted of offences, either on indictment or otherwise, and not sentenced to penal servitude or hard labour, shall be divided into three divisions.

(2) Where a person is convicted by any court of an offence, and is sentenced to imprisonment without hard labour, the court may, if it thinks fit, having regard to the nature of the offence and the antecedents of the offender, direct that he be treated as an offender of the first division or as an offender of the second division. If no direction is given by the court, the offender shall, subject to the provisions of this section, be treated as an offender of the third division.

(3) Any person imprisoned for default in payment of a debt, including a civil debt recoverable summarily, or in default or in lieu of distress to satisfy a sum of money adjudged to be paid by order of a court of summary jurisdiction, when the imprisonment is to be without hard labour, shall be placed in a separate division and treated under special prison rules, and shall not be placed in association with criminal prisoners, nor be compelled to wear prison dress unless his own clothing is unfit for use.

(4) Any person imprisoned for default of entering into a recognizance or finding sureties for keeping the peace, or for being of good behaviour, shall be treated under the same rules as an offender of the second division, unless he is a convicted prisoner, or unless the court direct that he be treated under the same rules as an offender of the first division.

(5) References in sections forty and forty-one of the Prison Act, 1877 (40 & 41 Vict. c. 21), to a misdemeanant of the first division within the meaning of section sixty-seven of the Prison Act, 1865, shall be construed as references to an offender of the first division within the meaning of this section.

Sub-section (2) will apply to cases of imprisonment in default of paying a penalty.

With regard to sub-s. (4) the Home Secretary by Circular Letter, dated February 10th, 1904, asked that in the case of all prisoners who as the result of a conviction are required to find sureties and committed to prison in default of finding them, the fact of the conviction should be clearly stated in the warrant of commitment. They will then be treated as prisoners of the Third Division, unless the court in any particular case has given a specific direction for the prisoners being included in the Second Division.

9. Release of prisoner on payment of portion of fine.] Where a person is committed to prison for non-payment of a sum adjudged to be paid by the conviction of any court of summary jurisdiction, then, on payment to the governor of the prison, under conditions prescribed by prison rules, of any sum in part satisfaction of the sum so adjudged to be paid, and of any charges for

which the prisoner is liable, the term of imprisonment shall be Appendix. reduced by a number of days bearing as nearly as possible the same proportion to the total number of days for which the prisoner is sentenced as the sum so paid bears to the sum for which he is so liable. Provision may be made by rules under section twenty-nine of the Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), for the application of sums paid under this section and for any matter incidental thereto.

The rule of April 6th, 1899, set out at p. 229, relates to this section. The Home Secretary by Circular Letter, dated May 31st, 1904, pointed out that in exceptional cases the clerk to the justices might accept payment of part of a fine after commitment and before the prisoner's conveyance to prison, certifying in writing on the back of the commitment the amount thus paid; this is to be regarded as a payment under this section, and the term of imprisonment will be reduced accordingly.

As to part payment, the following extracts from the Home Secretary's Circular Letter of April 10th, 1900, are worthy of attention:

The Home Secretary's attention has been drawn to a case in which a defendant sentenced to pay a fine of £2 and costs, or in default to undergo 28 days' imprisonment, paid 12s. 6d. in court and was allowed fourteen days for payment of the balance of fine and costs. He failed, however, to make any further payment and was committed to prison.

He thereupon requested that in consideration of the payment of the sum of 12s. 6d. his term of imprisonment might be proportionately reduced in accordance with s. 9 of the Prison Act, 1898. That section, however, refers only to payments made to the governors of prisons after committal, and the prisoner in this case could derive no benefit from it.

The Secretary of State thinks that there has been some hardship in the case, and in order that it may be avoided in future he would suggest that whenever under such circumstances a part sum is tendered in court, it should be explained to the defendant that if he retains the money and pays it to the governor at the prison, it will proportionately affect the term of his imprisonment, but that if paid into court it will not do so, unless the sum paid is such as will alter the maximum of imprisonment under the scale given in s. 5 of the S. J. Act, 1879.

11. Order for production of prisoner.]-(1) A Secretary of State, on proof to his satisfaction that the presence of any prisoner at any place is required in the interest of justice, or for the purpose of any public inquiry, may by writing under his hand order that the prisoner be taken to that place.

(2) A prisoner taken from a prison in pursuance of an order made under this section, or of a warrant issued under section nine of the Criminal Procedure Act, 1853 (16 & 17 Vict. c. 30), shall, whilst outside that prison, be kept in such custody as the Secretary of State may by general rules prescribe, and whilst in that custody shall be deemed to be in legal custody.

(3) For the purposes of this section, the expression "prisoner' shall include any person lawfully confined under any sentence or under commitment for trial or otherwise, and the expression "prison" shall include any place in which any such person is lawfully confined.

12. Calculation of term of sentence.]-(1) In any sentence of imprisonment passed after the commencement of this Act the

Appendix. word "month" shall, unless the contrary is expressed, be construed as meaning "calendar month."

(2) A prisoner whose term of imprisonment or penal servitude expires on any Sunday, Christmas Day, or Good Friday, shall be discharged on the day next preceding.

The following extracts from a Circular Letter of the Home Secretary, dated April 25th, 1899, are explanatory of the Act:

I. The triple division of offenders created by s. 6 constitutes a most important alteration of the ordinary penal methods. Broadly, its intention is to allow prison treatment to be brought more closely in accord than it is at present, with the great variety of offences which, under the existing law, have been subjected to exactly similar treatment. Without any attempt arbitrarily to classify offences in such a manner as to render those guilty of them liable to differential treatment in prison, Parliament has decided that it shall be optional for the court, when sentencing a prisoner to imprisonment without hard labour, to decide in which of the three divisions he shall be placed, the only exceptions being that persons convicted of sedition or seditious libel are to be placed in the First Division, in pursuance of s. 40 of the Prison Act, 1877, and s. 6 (5) of the Prison Act, 1898, and that persons committed to prison for breaches of the Vaccination Act will also be treated in this Division in pursuance of s. 5 of the Vaccination Act, 1898. It may be noted, however, that in this Division will also be placed persons committed to prison for contempt of court (s. 41 of the Prison Act, 1877, and s. 6 (5) of the Prison Act, 1898); and that persons imprisoned for default of entering into a recognizance or finding sureties for keeping the peace or being of good behaviour are, unless their commitment follows on a conviction, to be created under the same rules as offenders of the Second Division.

Speaking generally, however, the operation of the law depends entirely on the discretion of the courts by whom sentence is passed, and it is only by their careful attribution of penalty, according to these Divisions, after full consideration of all the circumstances of each case, that the intention of the Act can be carried into effect.

The rules for Division I. correspond with the rules for the treatment of Misdemeanants of the First Division made under the Prison Act, 1865; and the Secretary of State has no reason to suppose that the number of prisoners to whom this special treatment is accorded will be any larger in the future than it has been in the past.

The Second Division of offenders, however, is an entire innovation on the existing practice. The rules made for them constitute a considerable modification of the ordinary prison treatment, such as will be accorded to ordinary criminals in Division III.; e.g., they will be kept apart from the ordinary criminals, they will wear a different dress, and they will be allowed more frequent letters and visits. It is impossible, in the Secretary of State's opinion, to define with precision the class of offenders who should properly be included in the Second Division. The only broad principle on which the courts can act will be that they can properly order a convicted offender's inclusion in the Second Division whenever it shall appear that the ends of justice would be met by the infliction of a less severe treatment during the term of his sentence than that to which he would be liable under the ordinary prison rules; and, as it seems to him, the best criterion whether this is the case is not so much the legal character of the offence, as the character and antecedents of the offender and the circumstances in which the offence was committed. Whenever it is clear to the court that the prisoner does not belong to the criminal class and has not been generally of criminal habits, Sir Matthew Ridley would suggest that a special direction should be given for his treatment in the Second