Stealers of

one part of

the same

in any

of the

defendant, or the plaintiff shall become nonsuit, or discontinue any such action after issue joined, or if, upon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant has by law in other cases; and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant unless the judge before whom the trial shall be shall certify his approbation of the action.

Note. This clause is taken from the 7 & 8 Geo. 4, c. 29, s. 75, and 9 Geo. 4, c. 55, s. 73 (I.).

By the 16 & 17 Vict. c. 113, s. 71 (I.), in actions in Ireland defendants are in all cases to plead justifications specially, but this clause restores the general issue in all actions commenced against any person for anything done in Ireland in pursuance of this Act,

Under the former Acts the judge must have certified his approbation of the verdict as well as of the action; but this is omitted in this clause,

As to other matters:

114. If any person shall have in his possession in property in any one part of the United Kingdom any chattel, the United money, valuable security, or other property whatKingdom soever, which he shall have stolen or otherwise who have feloniously taken in any other part of the United Kingdom, he may be dealt with, indicted, tried, and other part punished for larceny or theft in that part of the United Kingdom where he shall so have such proKingdom perty, in the same manner as if he had actually stolen or taken it in that part; and if any person in any one part of the United Kingdom shall receive or have any chattel, money, valuable security, or part of the other property whatsoever which shall have been United stolen or otherwise feloniously taken in any other where they part of the United Kingdom, such person knowing

United

may be

tried and punished

in that

Kingdom

such property to have been stolen or otherwise have the feloniously taken, he may be dealt with, indicted, property. tried, and punished for such offence in that part of the United Kingdom where he shall so receive or have such property, in the same manner as if it had been originally stolen or taken in that part.

Note.-This clause is taken from the 7 & 8 Geo. 4, c. 29, s. 76. The corresponding clause in the 9 Geo. 4, c. 55, s. 75 (I.), instead of "feloniously taken," had "unlawfully taken."

115. All indictable offences mentioned in this Offences Act which shall be committed within the jurisdic- committed tion of the Admiralty of England or Ireland shall be within the jurisdiction deemed to be offences of the same nature, and liable of the to the same punishments, as if they had been com- Admiralty. mitted upon the land in England or Ireland, and may be dealt with, inquired of, tried, and determined in any county or place in which the offender shall be apprehended or be in custody; and in any indictment for any such offence, or for being an accessory to any such 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 itself 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. See the note to s. 68 of the Offences against the Person Act, ante, p. 62.

indictment

for a sub

116. In any indictment for any offence punishable Form of under this Act, and committed after a previous conviction or convictions for any felony, misdemeanor, sequent or offence or offences punishable upon summary offence. conviction, it shall be sufficient, after charging the subsequent offence, to state that the offender was at a certain time and place or at certain times and places

When the previous conviction is to be

proved on the trial.

convicted of felony, or of an indictable misdemeanor, or of an offence or offences punishable upon summary conviction (as the case may be), without otherwise describing the previous felony, misdemeanor, offence or offences; and a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for the previous felony or misdemeanor, or a copy of any such summary conviction, purporting to be signed by the clerk of the Court or other officer having the custody of the records of the Court where the offender was first convicted, or to which such summary conviction shall have been returned, or by the deputy of such clerk or officer (for which certificate or copy a fee of five shillings and no more shall be demanded or taken), shall, upon proof of the identity of the person of the offender, be sufficient evidence of such conviction, without proof of the signature or official character of the person appearing to have signed the same; and the proceedings upon any indictment for committing any offence after a previous conviction or convictions shall be as follows; (that is to say,) the offender shall, in the first instance, be arraigned upon so much only of the indictment as charges the subsequent offence, and if he plead not guilty, or if the Court order a plea of not guilty to be entered on his behalf, the jury shall be charged, in the first instance, to inquire concerning such subsequent offence only; and if they find him guilty, or if on arraignment he plead guilty, he shall then, and not before, be asked whether he had been previously convicted as alleged in the indictment, and if he answer that he had been so previously convicted, the Court may proceed to sentence him accordingly, but if he deny that he had been so previously convicted, or stand mute of malice, or will not answer directly to such question, the jury shall then be charged to inquire concerning such previous conviction or convictions, and in such case it shall not be necessary to swear the jury again, but the oath already taken by them shall for all purposes be deemed to extend to such lastmentioned inquiry: Provided, that if upon the trial of any person for any such subsequent offence such person shall give evidence of his good character, it

shall be lawful for the prosecutor, in answer thereto, to give evidence of the conviction of such person for the previous offence or offences before such verdict of guilty shall be returned, and the jury shall inquire concerning such previous conviction or convictions at the same time that they inquire concerning such subsequent offence.

Note. This clause is framed from the 7 & 8 Geo. 4, c. 28, s. 11; 9 Geo. 4, c. 54, s. 21 (I.); 6 & 7 Will. 4, c. 111; 12 & 13 Vict. c. 11, s. 4; and 14 & 15 Vict. c. 19, ss. 2, 9.

The words "after charging the subsequent offence were inserted in order to render it absolutely necessary always to charge the subsequent offence or offences first in the indictment, and after so doing to allege the previous conviction or convictions. This was the invariable practice on the Oxford Circuit, and the Select Committee of the Commons were clear that it ought to be universally followed, so that the previous conviction should not be mentioned, even by accident, before a verdict of guilty of the subsequent offence had been delivered.

The proceedings on the arraignment and trial are now to be as follows:

The defendant is first to be arraigned on that part only of the indictment which charges the subsequent offence; that is to say, he is to be asked whether he be guilty or not guilty of that offence. If he plead not guilty, or if the Court order a plea of not guilty to be entered for him under the 7 & 8 Geo. 4, c. 28, s. 2, or 9 Geo. 4, c. 54, s. 8 (I.), where he stands mute or will not answer directly to the charge, then the jury are to be charged in the first instance to try the subsequent offence only. If they acquit of that offence, the case is at an end; but if they find him guilty of the subsequent offence, or if he plead guilty to it on arraignment, then the defendant is to be asked whether he has been previously convicted as alleged, and if he admit that he has, he may be sentenced accordingly;

Fine, and sureties

the peace;

cases.

but if he deny it, or stand mute of malice, or will not answer directly to such question, then the jury are to be charged to try whether he has been so previously convicted, and this may be done without swearing them again, and then the previous conviction is to be proved in the same manner as before this Act passed.

The proviso as to giving evidence of the previous conviction, if the prisoner give evidence of his good character, remains unaltered.

117. Whenever any person shall be convicted of any indictable misdemeanor punishable under this for keeping Act, the Court may, if it shall think fit, in addition in what to or 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.

Solitary

Note.-See ante, p. 6, for the note to this clause.

118. 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.

119. Whenever solitary confinement may be