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stolen, taken, obtained, converted, or disposed of (1), shall be 24 & 25 Vict. guilty of a Misdemeanor (m).

96. [Receivers may be tried in the county or place where the Venue. goods are possessed, or where the principal felony or misdemeanor may be tried, as if the goods were actually received there.]

c. 96.

the original

able on summary

97. Where the stealing or taking of any property whatsoever Receivers of is by this Act punishable on summary conviction, either for property, where every offence, or for the 1st and 2nd offence only, or for the 1st offence is punishoffence only, any person who shall receive any such property, conviction. knowing the same to be unlawfully come by, shall, on conviction thereof before a justice. . . . be liable, for every 1st, 2nd, or subsequent offence of receiving, to the same forfeiture and punishment to which a person guilty of a 1st, 2nd, or subsequent offence of stealing or taking such property is by this Act made liable.

34 & 35 VICT. c. 112, s. 19.

Where proceedings are taken against any person for having Evidence of received goods knowing them to be stolen, or for having in guilty knowledge. his possession stolen property, evidence may be given at any stage of the proceedings that there was found in the possession of such person other property stolen within the preceding period of 12 months, and such evidence may be taken into consideration for the purpose of proving that such person knew the property to be stolen which forms the subject of the proceedings taken against him.

Where proceedings are taken against any person for having received goods knowing them to be stolen, or for having in his possession stolen property, and evidence has been given that the stolen property has been found in his possession, then if such person has within 5 years immediately preceding been convicted of any offence involving fraud or dishonesty, evidence of such previous conviction may be given at any stage of the proceedings, and may be taken into consideration for the purpose of proving that the person accused knew the property which was proved to be in his possession to have been stolen; provided that not less than 7 days notice in writing shall have been given to the person accused that proof is intended to be given of such previous conviction; and it shall not be necessary for the purposes of this section to charge in the indictment the previous conviction of the person so accused.

(Two prisoners were convicted under a count charging them with receiving goods knowing them to have been stolen upon proof that they were present aiding and abetting a third receiver who was found in actual possession of the box containing the goods; the two prisoners never had manual possession of the box:-Held, that the conviction was right (R. v. Rogers, 37 L. J. M. C. 33; L. R. 1 C. C. R. 136; 16 W. R. 733; 18 L. T. N. S. 414; R. v. Smith, ante, p. 647, note (f)).

(m) Triable at Sessions. Bail Discretionary. Costs allowed (s. 121).

Definitions.

Rules.

s. 20.

Officers to have privileges, &c. of constables.

Commitment.

Offenders under 16 years of age.

Under 10 years

old.

Reformatory Schools.

29 & 30 VICT. c. 117.

1. [Short title, "Reformatory Schools Act, 1866."]
2. This Act shall not extend to Ireland.

3. "Managers" shall include any person or persons having
the management or control of any school to which this Act
applies: "Justice" . . . . shall mean a justice of the peace
having jurisdiction in the place where the matter requiring the
cognizance of a justice arises: "Justices"
Justices". . . . shall mean two
or more justices in petty sessions, and shall include the Lord
Mayor or an alderman of the city of London, or a police or
stipendiary magistrate or other justice having by law authority
to act alone for any purpose with the powers of two justices:
"Magistrate" shall apply to Scotland only . . . . "Prison
authority" shall in England mean the same persons as are
defined to be prison authorities by the Prisons Act, 1865.
4-11. [Certifying and inspecting schools.]

12. [The managers may make rules for the management and discipline of the school; not to be contrary to the provisions of this Act, and not to be enforced until approved in writing by the Secretary of State; no alteration shall be made therein without similar approval.]

13. Every officer of a certified reformatory school authorized by the managers of the school, in writing under their hands or the hand of their secretary, to take charge of any youthful offender sentenced to detention under this Act for the purpose of conveying him to or from the school, or of bringing him back to the school in case of his escape or refusal to return, shall, for such purpose and while engaged in such duty, have all such powers, authorities, protection, and privileges for the purpose of the execution of his duty as a reformatory officer as any constable duly appointed has within his constablewick by common law, statute, or custom.

14. Whenever any offender who, in the judgment of the Court, justices, or magistrate before whom he is charged, is under the age of 16 years, is convicted, on indictment or in a summary manner, of an offence punishable with penal servitude or imprisonment, and is sentenced to be imprisoned for the term of ten days or a longer term, the Court, justices, or magistrate may also sentence him to be sent, at the expiration of his period of imprisonment, to a certified reformatory school, and to be there detained for a period of not less than 2 years and not more than 5 years:-Provided always, that a youthful

c. 117.

Commitment.

offender under the age of 10 years shall not be so directed to 29 & 30 Vict. be sent to a reformatory school unless he has been previously charged with some crime or offence punishable with penal servitude or imprisonment, or is sentenced in England by a judge of assize or court of general or quarter sessions. The particular school to which the youthful offender is to be sent School to be may be named either at the time of his sentence being passed, or within 7 days thereafter, by the Court, justices, or magistrate who sentenced him, or in default thereof at any time before the expiration of his imprisonment by, any visiting justice of the prison to which he is committed.

named.

[So far as is possible the offender shall be sent to a school Religion. conducted in accordance with the religious persuasion to which he belongs. On the representation of the father, or guardian, or nearest adult relative, a minister of that religion to which the offender belongs may at hours fixed by the Secretary of State visit the school to assist and instruct such offender in his religion.]

15. [The gaoler, at the time appointed, shall deliver the Removal from offender to the superintendent or other person in charge of the gaol to school. school in which he is to be detained, together with the warrant. Such warrant shall be sufficient authority for his detention in such school.]

16. [Application by parent for removal, as in "INDUSTRIAL SCHOOLS," s. 20, ante, p. 348.]

17. [The Secretary of State may order the offender to be dis- Discharge or charged or removed to another certified reformatory school, and, removal by Secretary of after 10 days' notice to the managers, he may order an offender State. in any reformatory or industrial school established under any other Act, the general rules whereof have been approved, to be discharged, or removed to a certified reformatory school; to be then deemed subject to all the provisions of this Act: but the whole period of detention is not to be increased.]

18, 19. [Placing out on licence and apprenticeship, as in "INDUSTRIAL SCHOOLS," ss. 27, 28, ante, p. 348.]

20. If any offender detained in a certified reformatory school wilfully neglects or wilfully refuses to conform to the rules thereof

[Punishment. Before 1 justice where the school is situate,-Imprisonment not exc. 3 months, with or without hard labour, and at the expence of the managers, to be brought back to the school for a period equal to that unexpired at the time of his being sent to prison.]

Offences.

Not conforming

to rules.

school.

21. If any offender sentenced to be detained in a certified Escaping from reformatory school escapes therefrom, he may, at any time before the expiration of his period of detention, be apprehended without warrant, and if the managers of the school think fit, but

c. 117.

29 & 30 Vict. not otherwise, may (any other Act to the contrary notwithstanding) be then brought before a justice. . . . in the place or district where he is found, or in the place or district where the school from which he escaped is situate—

Assisting,

or inducing escape;

or harbouring.

Expences.

Contributions.

Conditional pardons.

[Punishment.-Imprisonment not exc. 3 months, with or without hard labour; at the expiration to be taken back to the school at the expence of the managers, to be detained for the period unexpired at his escape.]

22. Every person who. . . . (n) knowingly assists directly or indirectly an offender detained in a certified reformatory school to escape from the sehool;-directly or indirectly induces such an offender to escape from the school;-knowingly harbours, conceals, or prevents from returning to the school, or assists in harbouring, concealing, or preventing from returning to the school, any offender who has escaped from a certified reformatory school

[Penalty not exc. £20;-or Imprisonment not exc. 2 months, with or without hard labour (0).]

23. [Expences of conveyance and of necessary clothing to be paid by prison authorities as current expences.]

24-26. [Contributions by parents, as in "INDUSTRIAL SCHOOLS" (ss. 39, 40), ante, p. 350.]

27-30. [Prison authorities may contract with or contribute (p) to reformatory schools; expences to be deemed under the Prisons Act, 1865.]

31. [Refuges in Scotland.]

32. [The Secretary of State may order offenders under 16 years of age, conditionally pardoned, to be sent to a reformatory school.]

Rescue.

See" ESCAPE AND RESCUE."

(n) Evidence.-Certificates may be proved by the London Gazette, by production, or by a copy purporting to be signed by the inspector. The warrant of detention with an endorsement, purporting to be signed by the person in charge of the school, that the offender named therein was received and is detained, or has been otherwise lawfully dealt with, shall be evidence of his identity, conviction, imprisonment and detention;-a copy of the rules purporting to be signed by the inspector shall be evidence ;-the school to which an offender is sent shall be deemed certified until the contrary be proved (s. 33).

(0) Procedure (s. 34, under 11 & 12 Vict. c. 43).—Within 6 months; 2 justices. Penalty enforced by Imprisonment, under Small Penalties Act, if not exc. £5 with costs; or by distress, in default Imprisonment not exc. 3 months (Introd. p. 31): Payable to county treasurer (Introd. p. 38). Appeal, none. (p) See also 35 & 36 Vict. c. 21; 36 & 37 Vict. c. 47.

Riot; Rout; Unlawful Assembly.

Rioters demolishing buildings, see 24 & 25 Vict. c. 97, s. 11, "MALICIOUS INJURIES (PROPERTY)," ante, p. 455.

A riot is described to be a tumultuous disturbance of the peace by three persons or more assembling together of their own authority, with an intent mutually to assist one another against any who shall oppose them in the execution of some enterprise of a private nature, and afterwards actually executing the same in a violent and turbulent manner, to the terror of the people, whether the act intended were of itself lawful or unlawful (1 Hawk., P. C. c. 65, s. 1).

A rout is a meeting of persons upon a purpose—which, if executed, would make them rioters, and which they actually make a motion to execute.

An unlawful assembly is a meeting upon a similar purpose, but which the persons do not execute, nor make any motion to execute.

In some cases, where the law authorizes it, necessary violence may be used and it will not be a riot. There may be a riot without personal violence, and it is enough that only one person. be terrified. The violence and tumult must be to some degree premeditated, for if people meet together on an innocent occasion, and suddenly fall out, they are guilty only of a sudden affray and not of a riot; though it appears that if they carry it further, and form themselves into parties, with promises of mutual assistance, and then make an affray, they are guilty of a riot. All are principals in a riot (see Clifford v. Brandon, 2 Campb. 367).

These persons may be apprehended and held to bail for a breach of the peace, or may be committed for trial for a Misdemeanor.

rioters not dispersing after

1 Geo. 1, stat. 2, c. 5, s. 1: "If any persons to the number of Twelve or more 12 or more, being unlawfully, riotously, and tumultuously assembled together, to the disturbance of the publick peace. . . . and proclamation. being required or commanded by any one or more justice or justices of the peace, or by the sheriff of the county, or his undersheriff, or by the mayor, bailiff or bailiffs, or other head-officer, or justice of the peace of any city or town-corporate, where such assembly shall be, by proclamation to be made in the King's name, in the form herein after directed, to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, shall, to the number of 12 or more (notwithstanding such proclamation made) unlawfully, riotously, and tumultuously remain, or continue together by the space of one hour after such command or request made by proclamation, then such continuing together to the number of 12 or more,

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