Restitution,

&c.

Taking

reward for stolen property.

Advertising,

&c.

RESTITUTION AND RECOVERY OF STOLEN PROPERTY.

Section 100.-If any person guilty of any such felony or misdemeanor as is mentioned in this Act in stealing, taking, obtaining, extorting, embezzling, converting, or disposing of or in knowingly receiving any chattel, money, valuable security, or other property, is indicted for such offence by or on behalf of the owner of the property, or his executors or administrators, and convicted thereof, in such case the property is to be restored to the owner or his representatives. The court may order the restitution in a summary manner. But no such restitution is made if it appears that any valuable security has been bond fide paid or discharged by some person or body corporate liable to the payment thereof, or being a negotiable instrument has been bona fide taken or received by transfer or delivery by some person or body corporate for a just and valuable consideration, without any notice or reasonable cause to suspect that the same had by any felony or misdemeanor been stolen, &c. But the above provisions as to restitution do not apply to the case of any prosecutions of any trustee, banker, merchant, solicitor, factor, broker, and other agent entrusted with the possession of goods or documents of title to goods, or any misdemeanor against this Act.

Section 101.-To corruptly take any reward for helping a person to property stolen or obtained, &c., by any felony or misdemeanor (unless all due diligence to bring the offender to trial has been used) is a felony punishable by penal servitude for seven years, or two years' imprisonment. Males under 16 may, in addition, be whipped.

Section 102.-An advertisement offering a reward for the return of stolen or lost property, using words purporting that no questions will be asked, or seizure or inquiry made after the person producing the property, or that returns will be made to any pawnbroker or person who has made advances on such property, renders the advertiser, printer, and publisher liable to forfeit of 50l. each.

Arrest.

Search

warrant.

APPREHENSION OF OFFENDERS, &c.

Section 103.-"Any person found committing any offence punishable either upon indictment or upon summary conviction by virtue of this Act, except only the offence of angling in the daytime, may be immediately apprehended without a warrant by any person, and forthwith taken, together with such property, if any, before some neighbouring justice of the peace, to be dealt with according to law; and if any credible witness shall prove upon oath before a justice of the peace a reasonable cause to

suspect that any person has in his possession or on his premises any property whatsoever, on or with respect to which any offence punishable either on indictment or upon summary conviction by virtue of this Act, shall have been committed, the justice may grant a warrant to search for such property as in the case of Seizure of stolen goods; and any person to whom any property shall be person offered to be sold, pawned, or delivered, if he shall have reason- offering able cause to suspect that any such offence has been committed stolen. on or with respect to such property, is hereby authorized, and, if in his power, is required to apprehend and forthwith to take before a justice of the peace the party offering the same, together with such property, to be dealt with according to law."

property

Section 104.-"Any constable or peace officer may take into Person custody without warrant any person whom he shall find lying or loitering. 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."

and war

Section 105.-A justice may, on oath of credible witness, issue Summons summons to compel the appearance of persons charged with any rant. offence punishable on summary conviction, and in default of appearance may upon proof of service of summons, adjudicate on the case, or issue warrant for the apprehension of such person, or the justice may issue warrant (unless when otherwise specially directed) without any previous summons.

Section 106.-Every sum of money forfeited for amount of Application any injury done shall be assessed by the convicting justice and of penalties. paid to the party aggrieved, except he be unknown, in which case it shall be applied as a penalty. Every sum imposed as a penalty by any justice shall be paid and applied in the same manner as other penalties recoverable before justices are to be applied in cases where the statute imposing the same contains no directions for the payment thereof to any person: provided, that where several persons shall join in the commission of an offence, and shall upon conviction each be adjudged to forfeit a sum equivalent to the amount of the injury done, in every such case no further sum shall be paid to the party aggrieved 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 as hereinbefore directed to be applied.

payment.

Section 107.-In case of summary conviction under this Act, Committal where the sum forfeited or imposed as a penalty shall not be for nonpaid, the convicting justice (unless where otherwise specially directed) may commit the offender to be imprisoned for any term not exceeding two months where the amount forfeited or penalty imposed, or of both (as the case may be), together with

Discharge of offender.

Summary conviction a bar, &c.

Appeal.

No certiorari, &c.

Conviction to be returned to quarter sessions.

Venue, notice of action, &c.

the costs, shall not exceed 57., and for any term not exceeding four months where the amount, with costs, shall not exceed 10., and for any term not exceeding six months in any other case. The commitment to be determinable upon payment of the

amount and costs.

Section 108.-When any person shall be summarily convicted of any offence against this Act, and it shall be a first conviction, the justices may 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.

Section 109.-In case any person convicted of any offence punishable on summary conviction by virtue of this Act shall have paid any penalty and costs imposed, or shall have suffered any imprisonment awarded, or shall have received a remission, &c., or shall have been discharged from his conviction as aforesaid (section 108), he shall be released from all other proceedings for the same cause.

Section 110.-Permission to appeal to quarter sessions is given in cases where the sum adjudged to be paid on any summary conviction shall exceed 57. or the imprisonment one month, or the conviction shall take place before one justice only. Notice in writing of such appeal, &c., to be given to the complainant within three days after such conviction, and seven clear days at least before such session.

The section contains a clause regarding "sureties," "deposit," "bail," &c., and costs of appeal.

Section 111.-No such conviction or adjudication made on appeal therefrom shall be quashed for want of form or be removed by certiorari, and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same.

Section 112.-Justices shall transmit conviction for offences under this Act to the next court of general or quarter sessions, to be kept among the records of the court, and upon any indictment against any person for a subsequent offence a copy of such conviction, certified by the proper officer of the court or proved to be a true copy, shall be sufficient evidence to prove a conviction for the former offence, and the conviction shall be presumed to be unappealed against till the contrary be shown.

Section 113.-All actions and prosecutions for anything done in pursuance of the Act shall be laid and tried in the county where the fact was committed, and shall be commenced within six months after the fact committed. Notice in writing of such

action, &c., to be given to the defendant one month at least before the commencement of the action. In any such action the defendant may plead the general issue, and give the Act and the special matter in evidence at the trial. No plaintiff shall recover in any such action if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into court after such action brought.

The section contains further provisions regarding costs, &c.

AS TO OTHER MATTERS.

of Admi

Section 114.-Under section 114, stealers of property in one part of the United Kingdom who have the same in any other part of the United Kingdom may be tried and punished in that part of the United Kingdom where they have the property (a). Section 115.-All offences mentioned in this Act committed Jurisdiction within the jurisdiction of the Admiralty shall be treated as if committed on land in England or Ireland, and may be tried and determined in any county or place in which the offender shall be apprehended or be in custody, and the offence shall be averred to have been committed "on the high seas;" but nothing contained in this section shall alter the laws relating to Her Majesty's land and naval forces.

ralty.

conviction.

Section 116.-In any indictment for an offence punishable Previous under this Act, and committed after a previous conviction for any felony, misdemeanor, or offence punishable on summary conviction, it shall be sufficient after charging such subsequent offence to state that the offender was at a certain time and place previously convicted for any such felony, misdemeanor, &c., without describing the previous offence. 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 the 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, and to which such summary conviction shall have been returned, or by the deputy of such officer (for which certificate a fee of 5s. shall be paid), shall upon proof of the identity 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. The proceedings upon an indict

(a) Where the prisoner stole a watch at Liverpool and sent it by railway to a confederate in London, it was held that the constructive possession (which is equivalent to the actual possession) remained in the prisoner, and that he was lawfully tried and convicted at the Middlesex sessions (R. v. Rogers, 1 L. R. (C. C.) 136).

Fine and sureties.

Hard labour, solitary confinement, and whipping.

Summary proceedings.

Costs.

ment for committing any offence after a previous conviction for any of the crimes above referred to, shall be as follows:-The offender shall in the first instance be arraigned upon so much only of the indictment as charges the subsequent offence, and the jury shall be charged in the first instance to inquire concerning such subsequent offence only, and if they find him guilty, or if he plead guilty, he shall then, and not before, be asked whether he had been previously convicted, as alleged in the indictment. If he admits, the court may proceed to sentence him; but if he denies or will not answer, the jury are then, without being again sworn, charged to inquire concerning such previous conviction, the point to be established being the identification of the accused with the person so convicted. The only case in which evidence of a previous conviction may be given before the subsequent conviction is found, is when the prisoner gives evidence of character. In this case the jury are to inquire of the previous conviction and of the subsequent offence at the same time.

Section 117.-Whenever any person shall be convicted of any indictable misdemeanor punishable under this Act, the court may, in addition to or in lieu of other punishment by this Act authorized, fine the offender and require him to enter into recognizances and find sureties for keeping the peace, &c.; and in case of any felony punishable under this Act, the court may require the offender to enter into recognizances and find sureties for keeping the peace, &c., in addition to any punishment by the Act authorized provided that no person shall be imprisoned under this clause for not finding sureties for any period exceeding one year.

Section 118.-"Hard labour," when awarded, is to be undergone in the common gaol or house of correction.

Section 119.-Solitary confinement during imprisonment is not to exceed one month at any one time, nor three months in any one year.

Whenever whipping may be awarded for any indictable offence the court may sentence the offender to be once privately whipped, the number of strokes and instrument to be used being specified.

Section 120.-Every offence hereby made punishable on summary conviction may be prosecuted in England in the manner directed by 11 & 12 Vict. c. 43, and in Ireland under 14 & 15 Vict. c. 93, &c. Nothing in this Act shall alter the procedure, &c., within the city of London or metropolitan police district.

Section 121.-The costs of the prosecution of misdemeanors against this Act may be allowed in the same manner in all respects as in cases of felony.

Section 122.-The Act does not extend to Scotland, except as hereinbefore expressly provided.

Section 123.-Commencement of Act, 1st November, 1861.