jurisdiction of an offence against section three of the Prevention of Crimes Act, 1871, although he was brought before the court on some other charge, or not in manner provided by that section.

Sec. 3. (1.) Where an offender is, under section nine of the Penal Servitude Act, 1864, undergoing, or liable to undergo, a term of penal servitude in consequence of the forfeiture or revocation of a licence granted in pursuance of the Penal Servitude Acts, Her Majesty may grant a licence to the offender in like manner as if the forfeiture or revocation of the former licence were a sentence of penal servitude which the offender is liable to undergo.

(2.) Where a person is sentenced on any conviction to a term of penal servitude, and by virtue of the same conviction his licence is forfeited, the term for which he is sentenced, together with the term which he is required further to undergo under the said section, shall, for all purposes of the Penal Servitude Acts relating to licences, be deemed to be one term of penal servitude, and those Acts shall apply as if, on conviction of the offence, the offender had been sentenced to the combined term.

By sec. 4. (1.) Sections five and eight of the Prevention of Crimes Act, 1871, and section two of the Prevention of Crimes Act, 1879 (which recites and refers to those sections), are modified as shown above.

(2.) Her Majesty may, by order under the hand of a Secretary of State, remit any of the requirements of sections five and eight of the Prevention of Crimes Act, 1871, either generally or in the case of any holder of a licence or person subject to the supervision of the police.

Sec. 5. The provisions of the Penal Servitude Act, 1864, applying to a licence in the form set forth in Schedule A. to that Act, shall apply also to a licence in any other form for the time being authorised by section ten of that Act.

Sec. 6. A person who has been convicted on indictment of a crime within the meaning of the Prevention of Crimes Act, 1871, and against whom a previous conviction of such a crime is proved, shall,

(a.) if the second sentence is to a term of imprisonment, then at any time within seven years after the expiration of the sentence; and (b.) if the second sentence is to a term of penal servitude, then whilst at large on licence under that sentence, and also at any time within seven years after the expiration of the sentence, be guilty of an offence against the Prevention of Crimes Act, 1871, under the circumstances stated in section seven of that Act or any of them, and may be taken into custody in manner provided by that section.

Sec. 7. Section four of the Act passed in the fifth year of the reign of King George the Fourth, chapter eighty-three, intituled An Act for the punishment of idle and disorderly persons and rogues and vagabonds in that part of Great Britain called England,' as amended by section fifteen of the Prevention of Crimes Act, 1871, shall be read and construed as if the provisions applying to suspected persons and reputed thieves frequenting (g) the places and with the intent therein described, applied also to every suspected person or

(g) As to the meaning of " frequent," see R. v. Clark, 14 Q. B. D. 92.

reputed thief loitering about or in the said intent.

any of the said places and with

Sec. 8. The Secretary of State may make regulations as to the measuring and photographing of all prisoners who may for the time being be confined in any prison; and all the provisions of section six of the Prevention of Crimes Act, 1871, with respect to the photographing of prisoners shall apply to any regulations as to measuring made in pursuance of this section. All regulations made under this section shall be laid before both Houses of Parliament as soon as practicable after they are made.

Juvenile Offenders.

By the Reformatory Schools Act 1893 (56 & 57 Vict. c. 48): Sec. 1. Where a youthful offender, who in the opinion of the court before whom he is charged is less than sixteen years of age, is convicted, whether on indictment or by a court of summary jurisdiction, of an offence punishable with penal servitude or imprisonment, and either

(a) appears to the court to be not less than twelve years of age; or (b) is proved to have been previously convicted of an offence punishable with penal servitude or imprisonment, the court may, in addition to or in lieu of sentencing him according to law to any punishment, order that he be sent to a certified reformatory school, and be there detained for period of not less than three and not more than five years, so, however, that the period is such as will in the opinion of the court expire at or before the time at which the offender will attain the age of nineteen years.

By sec. 2. Without prejudice to any other powers of the court, the court may direct that the offender be taken to a prison, or to any other place, not being a prison, which the court thinks fit, and the occupier of which is willing to receive him, and be detained therein. for any time not exceeding seven days, or in case of necessity for a period not exceeding fourteen days, or until an order is sooner made for his discharge, or for his being sent to a reformatory school, or otherwise dealt with under this or any other Act; and the person to whom the order is addressed is hereby empowered and required to detain him accordingly, and if the offender escapes he may be apprehended without warrant and brought back to the place of detention.

Punishment of hard labour, solitary confinement, whipping, &c.

By 3 Geo. 4, c. 114, after reciting the 53 Geo. 3, c. 162, it is enacted, that whenever any person shall be convicted of any of the offences hereafter specified and set forth, that is to say [any assault with intent to commit felony ]; any attempt to commit felony; any riot [any misdemeanor for having received stolen goods, knowing them to have been stolen; any assault upon a peace officer, or upon an officer of the customs or excise, or upon any other officer of the revenue, in the due discharge and execution of his or their respective duty or duties, or upon any person or persons acting

VOL. I. — 6

in aid of any such officer or officers in the due discharge and execution of his or their respective duty or duties, any assault committed in pursuance of any conspiracy to raise the rate of wages; being an utterer of counterfeit money, knowing the same to be counterfeit ; knowingly and designedly obtaining money, goods, wares, or merchandises, bills, bonds, or other securities for money, by false pretences, with intent to cheat any person of the same]; keeping a common gaming-house, a common bawdy-house, or a common ill-governed and disorderly house; wilful and corrupt perjury, or of subornation of perjury; [having entered any open or enclosed ground with intent there illegally to destroy, take, or kill game or rabbits, or with intent to aid, abet, and assist any person or persons illegally to destroy, take, or kill game or rabbits, and having been there found armed with an offensive weapon], (h) in each and every of the above cases, and whenever any person shall be convicted of any or either of the aforesaid offences, it shall and may be lawful for the court before which any such offender shall be convicted, or which by law is authorised to pass sentence upon any such offender, to award and order (if such court shall think fit) sentence of imprisonment with hard labour for any term not exceeding the term for which such court may now imprison for such offences, either in addition to or in lieu of any other punishment which may be inflicted on any such offenders by any law in force before the passing of this Act; and every such offender shall thereupon suffer such sentence, in such place, and for such time as aforesaid, as such court shall think fit to direct.'

The parts of this statute between brackets, except the part stated to be repealed by 36 & 37 Vict. c. 91, are repealed by the 9 Geo. 4, c. 31, s. 1; 9 Geo. 4, c. 53, s. 1; 9 Geo. 4, c. 74, s. 125; 7 & 8 Geo. 4, c. 27; and 2 Will. 4, c. 34, s. 1.

As to sentence to hard labour where offence punishable under 7 & 8 Geo. 4, c. 28, see s. 9 of that Act, ante, p. 65.

By 7 Will. 4 & 1 Vict. c. 84, s. 3, when any person shall be convicted of any offence punishable under this Act for which imprisonment may be awarded, it shall be lawful for the court to sentence the offender to be imprisoned, with or without hard labour, in the common gaol or house of correction, and also to direct that the offender shall be kept in solitary confinement for any portion or portions of such imprisonment, not exceeding one month at any one time, and not exceeding three months in any one year, as to the court in its discretion shall seem meet.

By 14 & 15 Vict. c. 100, s. 29, whenever any person shall be convicted of any one of the offences following, as an indictable misdemeanor; that is to say, any cheat or fraud punishable at common law; any conspiracy to cheat or defraud, or to extort money or goods, or falsely to accuse of any crime, or to obstruct, prevent, pervert, or defeat the course of public justice; any escape or rescue from lawful custody on a criminal charge; any public and indecent exposure of the person; any indecent assault, or any assault occasioning actual bodily harm; any attempt to have carnal knowledge of a girl under twelve years of age; any public selling, or exposing for public sale

(h) The part within brackets is repealed by 36 & 37 Vict. c. 91.

or to public view of any obscene book, print, picture, or other indecent exhibition; it shall be lawful for the court to sentence the offender to be imprisoned for any term now warranted by law, and also to be kept to hard labour during the whole or any part of such term of imprisonment.

Each of the Consolidation Acts, 24 & 25 Vict. c. 96 (larceny, &c.), s. 118; c. 97 (malicious injuries to property), s. 74; c. 98 (forgery), s. 52; c. 99 (offences relating to the coin), s. 39, and c. 100 (offences against the person), s. 69, contains the following clause:

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.'

By 28 & 29 Vict. c. 126, (entitled, An Act to consolidate and amend the law relating to prisons,') s. 67, In every prison to which this Act applies, prisoners convicted of misdemeanor, and not sentenced to hard labour, shall be divided into at least two divisions, one of which shall be called the first division; and whenever any person convicted of misdemeanor is sentenced to imprisonment without hard labour, it shall be lawful for the court or judge before whom such person has been tried to order, if such court or judge think fit, that such person shall be treated as a misdemeanant of the first division; and a misdemeanant of the first division shall not be deemed to be a criminal prisoner within the meaning of this Act. (i)

Each of the Consolidation Acts 24 & 25 Vict. c. 96, s. 119; c. 97, s. 75; c. 98, s. 53; c. 99, s. 40, and c. 100, s. 70, contains the following clause:

Whenever solitary confinement may be awarded for any indictable offence under this Act, the Court may direct the offender to be kept in solitary confinement for any portion or portions of his imprisonment, or of his imprisonment with hard labour, not exceeding one month at any one time, and not exceeding three months in any one year.' (j)

Whipping. Each of the Consolidation Acts 24 & 25 Vict. c. 96, s. 119; c. 97, s. 75; c. 100, s. 70, contains the following clause :

'Whenever whipping may be awarded for any indictable offence under this Act, the Court may sentence the offender to be once privately whipped; and the number of strokes, and the instrument with which they shall be inflicted, shall be specified by the Court in the sentence.'

No limit as to the instrument to be used or the number of strokes which may be inflicted seems to be imposed in the case of whipping

(i) This Act does not apply to the prisons for convicts under the superintendence of the directors of convict prisons, or to any military or naval prison (s. 3). The expres sions hereinafter mentioned shall have the meanings hereinafter attached to them unless there is something in the tenor of the Act inconsistent with such meanings, i. e., prison shall mean gaol, house of correction, bridewell, or penitentiary; it shall also include the airing grounds or other grounds or buildings occupied by prison officers, for the

use of the prison and contiguous thereto. 'Gaoler' shall mean governor, keeper, or other chief officer of a prison (s. 4). The 40 & 41 Vict. c. 21 contains further regulations for the treatment of prisoners, and by s. 40 persons convicted of sedition or seditious libel, and by s. 41, persons imprisoned for any contempt of court are to be treated as first class misdemeanants. See Osborne v. Milman, 18 Q. B. D. 471.

(j) See 1 Vict. c. 90, s. 5, ante, p. 66.

for indictable offences. By 25 & 26 Vict. c. 18, where whipping is ordered by justices in the case of an offender under fourteen years of age, the instrument is to be a birch rod, and the number of strokes are not to exceed twelve. A similar provision is contained in the Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49, s. 11), and by s. 10 of the same Act, a child under twelve may not be ordered to receive more than six strokes of the birch rod. By 25 & 26 Vict. c. 18, s. 2, 'No offender shall be whipped more than once for the same offence.'

Whipping can only be awarded to adults under the provisions of 26 & 27 Vict. c. 44, which provides that a male offender may be once, twice, or thrice, privately whipped, and that if his age does not exceed sixteen years, the number of strokes shall not exceed twenty-five at each whipping, and the instrument used shall be a birch rod. In the case of any other male offender, the number of strokes shall not exceed fifty at each whipping, and the court is to specify the instrument to be used. In the case of taking a reward for helping to the discovery of stolen property, whipping can be inflicted on a male offender who is under the age of eighteen (24 & 25 Vict. c. 96, s. 101). In many In many other cases (chiefly relating to offences against property) this punishment can be inflicted on male offenders under the age of sixteen, and also, by the 48 & 49 Vict. c. 69, s. 4, in case of offences against girls under thirteen. This section expressly incorporated the provisions of 25 & 26 Vict. c. 18. It would, therefore, seem that it is the intention of the legislature, where a sentence of whipping is imposed on a boy over fourteen and under sixteen years of age that the instrument to be used should be a birch rod, and the number of strokes should not be more than twenty-five. There is no power to order whipping in cases of assault, as 48 & 49 Vict. c. 69, s. 4, only refers to carnal knowledge or attempted carnal knowledge of a girl under thirteen. (k)

Fine and sureties for the peace. (1)—Each of the Consolidation Acts, 24 & 25 Vict. c. 96, s. 117; c. 97, s. 73; c. 98, s. 51; c. 99, s. 38; and c. 100, s. 71, contains the following clause:

Whenever any person shall be convicted of any indictable misdemeanor punishable under this Act, the Court may, if it shall think fit, in addition to, or in lieu of any of the punishments by this Act authorised, fine the offender, and require him to enter into his own recognizances, 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, (m) the Court may, if it shall think fit, require the offender to enter into his own recognizances, 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?'

Punishment of principals in second degree, and accessories. Each of the Consolidation Acts, 24 & 25 Vict. c. 96, s. 98; c. 97, s. 56; c. 98, s. 49; c. 99, s. 35, and c. 100, s. 67, enacts that 'In the case of every felony punishable under this Act, every principal in the second degree,

(k) Power is given to justices in Quarter Session by 5 Geo. 4, c. 83, s. 10 to punish by whipping incorrigible rogues and vaga

bonds.

() As to finding sureties in common-law misdemeanors, see post.

(m) The 24 & 25 Vict. c. 100 (the Offences Against the Person Act), s. 71, here adds, 'otherwise than with death.'