of any felony against this A person 57. Any constable or peace officer may take into loitering at night, and custody, without warrant, any person whom he shall suspected find lying or loitering in any highway, yard, or other place during the night, and whom he shall have good cause to suspect of having committed or being about to commit any felony against this Act, and shall take such person as soon as reasonably may be before a justice of the peace, to be dealt with according to law. Act, may be appre hended. Malice against owner of property unnecessary. Provisions of this Act Note.-This clause is taken from the 9 & 10 Vict. c. 25, ss. 13, 14, and extended to all the felonies against this Act. 58. Every punishment and forfeiture by this Act imposed on any person maliciously committing any offence, whether the same be punishable upon indictment or upon summary conviction, shall equally apply and be enforced, whether the offence shall be committed from malice conceived against the owner of the property in respect of which it shall be committed or otherwise. Note. This clause is taken from the 7 & 8 Geo. 4, c. 30, s. 25; 9 Geo. 4, c. 56, s. 32 (I.); and 8 & 9 Vict. c. 44, s. 2. 59. Every provision of this Act not hereinbefore so shall apply applied shall apply to every person who, with intent to to persons injure or defraud any other person, shall do any of the in posses- acts hereinbefore made penal, although the offender sion of the shall be in possession of the property against or in respect of which such act shall be done. property injured. Note. This clause is new, and a very important amendment. It extends every clause of the Act not already so extended (see s. 3, ante, p. 162) to persons in possession of the property injured, provided they intend to injure or defraud any other person. It, therefore, defraud stated in 60. It shall be sufficient in any indictment for any Intent to offence against this Act, where it shall be necessary to injure or allege an intent to injure or defraud, to allege that the particular party accused did the act with intent to injure or persons defraud (as the case may be), without alleging an need not be intent to injure or defraud any particular person; any indictand on the trial of any such offence it shall not be ment. necessary to prove an intent to injure or defraud any particular person, but it shall be sufficient to prove that the party accused did the act charged with an intent to injure or defraud (as the case may be). Note. This clause is new. It is framed from the 14 & 15 Vict. c. 100, s. 8, and renders it unnecessary to allege in an indictment for any offence against this Act, or to prove on the trial, an intent to injure or defraud any particular person. It places the law on these points in the same position as in cases of forgery and false pretences. committing any offence 61. Any person found committing any offence Persons in against this Act, whether the same be punishable the act of upon indictment or upon summary conviction, may be immediately apprehended, without a warrant, by may be apany peace officer, or the owner of the property injured, prehended or his servant, or any person authorised by him, and forthwith taken before some neighbouring justice of the peace, to be dealt with according to law. Note.-This clause is taken from the 7 & 8. without a warrant. Mode of the appear sons punishable on summary conviction. Geo. 4, c. 30, s. 28, and 9 Geo. 4, c. 56, s. 35 (I.). 62. Where any person shall be charged on the compelling oath of a credible witness before any justice of the ance of per- peace with any offence punishable on summary conviction under this Act, the justice may summon the person charged to appear at a time and place to be named in such summons; and if he shall not appear accordingly, then (upon proof of the due service of the summons upon such person by delivering the same to him personally, or by leaving the same at his usual place of abode,) the justice may either proceed to hear and determine the case ex parte, or issue his warrant for apprehending such person and bringing him before himself or some other justice of the peace; or the justice before whom the charge shall be made may (if he shall so think fit), without any previous summons (unless where otherwise specially directed), issue such warrant; and the justice before whom the person charged shall appear or be brought shall proceed to hear and determine the case. Abettors in offences punishable on sum mary con viction. Note.-This clause is taken from the 7 & 8 Geo. 4, c. 30, s. 30. See the note to s. 105 of the Larceny Act, ante, p. 147, and s. 76 of this Act, post, p 213. 63. Whosoever shall aid, abet, counsel, or procure the commission of any offence which is by this Act punishable on summary conviction, either for every time of its commission, or for the first and second time only, or for the first time only, shall, on conviction before a justice of the peace, be liable, for every first, second, or subsequent offence of aiding, abetting, counselling, or procuring, to the same forfeiture and punishment to which a person guilty of a first, second, or subsequent offence as a principal offender is by this Act made liable. Note. This clause is taken from the 7 & 8 Geo. 4, c. 30, s. 31. There is a similar clause in the 14 & 15 Vict. c. 93, s. 22 (I.). tion of summary 64. Every sum of money which shall be forfeited Applicafor the amount of any injury done shall be assessed forfeitures in each case by the convicting justice, and shall be and penalpaid to the party aggrieved, except where he is ties upon unknown, and in that case such sum shall be applied convictions. in the same manner as a penalty; and every sum which shall be imposed as a penalty by any justice of the peace, whether in addition to such amount or otherwise, shall be paid and applied in the same manner as other penalties recoverable before justices of the peace are to be paid and applied in cases where the statute imposing the same contains no directions for the payment thereof to any person: Provided that Proviso where several persons shall join in the commission several of the same offence, and shall, upon conviction persons thereof, each be adjudged to forfeit a sum equivalent join in to the amount of the injury done, in every such case no further sum shall be paid to the party aggrieved offence. than such value or amount; and the remaining sum or sums forfeited shall be applied in the same manner as any penalty imposed by a justice of the peace is herein before directed to be applied. Note. This clause is taken from the 7 & 8 Geo. 4, c. 30, s. 32. See the note to s. 106 of the Larceny Act, ante, p. 148. where commission of same convicted 65. In every case of a summary conviction under If a person this Act, where the sum which shall be forfeited for summarily the amount of the injury done, or which shall be shall not imposed as a penalty by the justice, shall not be pay, &c., paid, either immediately after the conviction, or the justice within such period as the justice shall, at the time may com of the conviction, appoint, the convicting justice (unless where otherwise specially directed) may commit the offender to the common gaol or house of correction, there to be imprisoned only, or to be mit him. imprisoned and kept to hard labour, according to the discretion of the justice, for any term not exceeding two months, where the amount of the sum forfeited, or of the penalty imposed, or of both (as the case may be), together with the costs, shall not exceed five pounds; and for any term not exceeding four months where the amount, with costs, shall not exceed ten pounds; and for any term not exceeding six months in any other case; the commitment to be determinable in each of the cases aforesaid upon payment of the amount and costs. The justice may discharge the offender in certain cases. A summary other pro Note. This clause is taken from the 7 & 8 Geo. 4, c. 30, s. 33. There is a similar clause in the 14 & 15 Vict. c. 93, s. 22 (I.). 66. Where any person shall be summarily convicted before a justice of the peace of any offence against this Act, and it shall be a first conviction, the justice may, if he shall so think fit, discharge the offender from his conviction upon his making such satisfaction to the party aggrieved for damages and costs, or either of them, as shall be ascertained by the justice. Note.-This clause is taken from the 7 & 8 Geo. 4, c. 30, s. 34. There is a similar clause in the 14 & 15 Vict. c. 93, s. 21 (I.). 67. When any person convicted of any offence conviction punishable upon summary conviction by virtue of shall be a this Act shall have paid the sum adjudged to be bar to any paid, together with costs, under such conviction, or ceeding for shall have received a remission thereof from the Crown, or the Lord Lieutenant or other Chief Governor of Ireland, or shall have suffered the imprisonment awarded for nonpayment thereof, or the imprisonment awarded in the first instance, or shall have been so discharged from his conviction by any jus the same cause. |