Detention.

6

493

a court of assize or Q. S. under this s. [99] to the Court of Criminal Appeal . . as if the parent,' &c. against whom the order was made had been convicted on indictment and the order were a sentence passed on his conviction.'

No disqualification] By s. 100, 'The conviction of a child or young person shall not be regarded as a conviction for felony for the purposes.. of any disqualification attaching to felony."

Restrictions on punishment] By s. 102 (1), ‘A child shall not be sentenced to imprisonment or penal servitude for any offence or committed to prison in default of payment of a fine, damages or costs.' But this sub-s. does not abolish whipping, e.g. under 6-7 G. 5, 50, 2: Lydford, 1914, 2 K. B. 378; 83 L. J. K. B. 589; 24 Cox C. C. 142; 78 J. P. 213; 10 Cr. A. R. 62. The duty of carrying out such a. sentence is on the sheriff: ib.

(2) A young person shall not be sentenced to penal servitude for any offence.'

(3) A young person shall not be sentenced to imprisonment for an offence or committed to prison in default of payment of a fine, damages. or costs, unless the court certifies that the young person is of so unruly a character that he cannot be detained in a place of detention provided under this Part of this Act or that he is of so depraved a character that he is not a fit person to be so detained. A sentence of imprisonment unauthorised by this sub-s. was set aside: Bradford, 7 Cr. A. R. 42, 1911. Where no place of detention' for tuberculous boys had been provided by the county and a boy was sent to prison for six months, the court certifying that he was depraved' (apparently without evidence), the C. C. A. quashed the imprisonment and bound him over in his own recognisance (57.) and sent him to a home: F. A. E. Foster, 12 Cr. A. R. 164, 1916.

Death sentence abolished] By s. 103, it is not to be pronounced on or recorded against a child or young person, but in lieu thereof the court shall sentence him to be detained during His Majesty's pleasure.

. When a boy under sixteen committed murder but was not convicted till he was over sixteen, the Irish C. C. R. held that sentence of death must be pronounced: Fitt, 1919, 2 Ir. R. 35: C. C. R.

Detention] By s. 104: 'Where a child or young person is convicted on indictment of an attempt to murder or of manslaughter or of wounding with intent to do grievous bodily harm and the court is of opinion that no punishment which under the provisions of this Act it is authorised to inflict is sufficient, the court may sentence the offender to be detained for such period as may be specified . . .'; other details are left to the Secretary of State.

Custody'] By s. 106: Where a child or young person is convicted of an offence punishable, in the case of an adult, with penal servitude or imprisonment or would, if he were an adult, be liable to be imprisoned in default of payment of any fine, damages or costs, and the court considers that none of the other methods in which the case may legally be dealt with is suitable, the court may, in lieu of sentencing him to imprisonment or committing him to prison, order that he be committed to custody in a place of detention provided under this Part (V.) of this Act and named in the order for such term as may be specified in the order, not exceeding the term for which he might,

but for this Part of this Act, be sentenced to imprisonment or committed to prison, nor in any case exceeding one month.'

Summary] By s. 107: Where any child or young person charged with any offence is tried by any court and the court is satisfied of his guilt, the court shall take into consideration the manner in which, under the provisions of this or any other Act enabling the court to deal with the case, the case should be dealt with, namely, whether(a) by dismissing the charge; or

(b) by discharging the offender on his entering into a recognisance; or

(c) by so discharging the offender and placing him under the supervision of a probation officer; or

(d) by committing the offender to the care of a relative or other fit person; or

(e) by sending the offender to an industrial school; or

(f) by sending the offender to a reformatory school; or

(g) by ordering the offender to be whipped; or

(h) by ordering the offender to pay a fine, damages or costs; or

(i) by ordering the parent or guardian of the offender to pay a fine, damages or costs; or

(j) by ordering the parent or guardian of the offender to give security for his good behaviour; or

(k) by committing the offender to custody in a place of detention provided under this Part of this Act; or

(1) where the offender is a young person, by sentencing him to imprisonment; or

(m) by dealing with the case in any other manner in which it may be legally dealt with:

Provided that nothing in this section shall be construed as authorising the court to deal with any case in any manner in which it could not deal with the case apart from this section.'

Age] See s. 123, above, and note that (2) deals also with the age of the offender.

Forcible entry] at common law: see under that title.

CHOSES IN ACTION, LARCENY OF.

See under Larceny and Written Instruments.

CHRISTIAN RELIGION, OFFENCES AGAINST.
See Religion.

CHURCH, OFFENCES CONNECTED WITH THE.
See Index.

Marriage Formalities.

495

CLERGYMEN.

solemnise

I. OFFENCES BY (OTHER THAN THOSE ONLY ECCLESIASTICAL). Solemnising matrimony] By 4 G. 4, 76, Marriage A. 1836, 21, as amended by 49-50 V. 14: If any person shall matrimony in any other place than a church or such public chapel wherein banns may be lawfully published, or at any other time than between the hours of eight in the forenoon and three in the afternoon, unless by special licence from the Archbishop of Canterbury, or shall solemnise matrimony without due publication of banns, unless licence of marriage be first had and obtained from some person or persons having authority to grant the same; or if any person falsely pretending to be in holy orders shall solemnise matrimony according to the rites of the Church of England; every person knowingly and willingly so offending, and being lawfully convicted thereof, shall be deemed and adjudged to be guilty of felony, and shall be transported for the space of fourteen years. . . Provided that all prosecutions for such felony shall be commenced within the space of three years after the offence committed.' See Disqualification. The amending A. only applies to England and Wales.

For a prosecution of this sort see per L. Mansfield in Northfield, 2 Doug. 661, 1781. It is doubtful whether a clergyman who refuses to marry persons lawfully marriageable inter se can be indicted. James, 3 C. & K. 167; 4 Cox C. C. 217, 1850: C. C. R.: c. q. For this, and other offences cognisable by an ecclesiastical court, see Millis, at 859-60. For Burials, see under Dead Bodies.

Marriages between British subjects and foreigners] Any clergyman who is a party, after notice, to the solemnisation of such a marriage without the certificate required under 6 E. 7, 40-for which see Marriage, &c.-is liable to the punishment there mentioned.

Disqualification] See that title. By s. 1 (1) of 55-6 V. 32, the Clergy Discipline A. 1892: 'If a clergyman [i.e. practically of the Church of England, s. 12] is convicted of treason or felony or is convicted on indictment of a misdemeanour and on any such conviction is sentenced to imprisonment with hard labour or any greater punishment... the preferment (if any) held by him shall within twentyone days without further trial be declared by the bishop to be vacant

and he shall be incapable, save as in this Act mentioned [i.e. if he is pardoned by the crown: sub-s. (2) and s. 6 (2)], of holding preferment. By s. 5 (4), the convicting court must certify the conviction to the bishop.

By 61-2 V. 58, the Marriage A. 1898, 12, if any authorised person does not comply with this A. or the enactments or regulations for the time being in force with respect to the solemnisation and registration f marriages,' he is liable on conviction on indictment to imprisonment

for two years or to a fine of 50%. and shall authorised person.'

Ecclesiastical privilege] See that title.

Ireland] 'It would seem that the celebration of marriages between two Protestants by a Roman Catholic priest is still illegal and punishable': 1 Russ. Cri. 1002, citing Taggart, 2 Cox C. C. 50, 1846: Q. B. Ir.

II. AGAINST.

Disturbing officiating clergyman, &c.] See 24-5 V. 100, 36, and Disturbing Public Worship.

CLUBS, BETTING, &c. IN.

'A bona fide club is not subject to the provisions of the Betting Houses Act, 1853, even though the members thereof habitually bet with one another on the club premises and there is a special room set apart for betting, provided that the betting is confined to members and that they bet with one another indiscriminately. . . . But if persons who are not members are admitted to the premises for the purpose of betting with members or if the club is not a bona fide club but a mere blind' for betting purposes, the provisions of the Act apply. .. Gaming at clubs may be unlawful either because the club premises are a common gaming-house in which all gaming even at games which are not unlawful in themselves is unlawful or because the particular game is itself an unlawful game': 4 Halsbury, 435.

Unlawful games are ace of hearts, pharaoh (or faro), basset and hazard passage and every other game played with dice (except backgammon), roulette, baccarat and every game of cards which is not a game of mere skill, and probably every other game of mere chance: 12 G. 2, 28; 13 G. 2, 19; 18 G. 2, 34: Jenks v. Turpin, 13 Q. B. D. 505, 1884.' Ib. 9, 546. See further Gaming.

'The occupier of the house and in the case of a club the members of the committee, if any, are liable to the penalties' of 'the Gaming Houses Act, 1854, as having the care or management or assisting in conducting the business of the house. The players may be indicted for unlawful gaming: see stat. 33 H. 8, c. 9, s. 14, and Jenks v. Turpin, at 526.' Ib.

'If a club is a common gaming-house, the keeper is indictable at common law; a club may be a common gaming-house although the gaming is restricted to members and the club exists for other purposes than that of gaming': Jenks v. Turpin, at 505, 513. Ib. 4, 436.

COAL MINES, OFFENCES RELATING TO.

See Mines.

'Sterling.'

497

COIN-OFFENCES RELATING TO.

.

Interpretation] By 24-5 V. 99, 1: In the interpretation of and for the purposes of this Act, the expression the queen's current gold or silver coin,' shall include any gold or silver coined in any of her Majesty's mints, or lawfully current by virtue of any proclamation or otherwise in any part of her Majesty's dominions, whether within the United Kingdom or otherwise; and the expression 'the queen's copper coin,' shall include any copper coin and any coin of bronze or mixed metal coined in any of her Majesty's mints, or lawfully current by virtue of any proclamation or otherwise, in any part of her Majesty's said dominions; and the expression false or counterfeit coin, resembling or apparently intended to resemble or pass for any of the queen's current gold or silver coin,' shall include any of the current coin which shall have been gilt, silvered, washed, coloured, or cased over, or in any manner altered, so as to resemble or be apparently intended to resemble, or pass for any of the queen's current coin of a higher denomination; and the expression the queen's current coin,' shall include any coin coined in any of her Majesty's mints, or lawfully current by virtue of any proclamation or otherwise in any part of her Majesty's said dominions, and whether made of gold, silver, copper, bronze, or mixed metal; and where the having any matter in the custody or possession of any person is mentioned in this Act, it shall include not only the having of it by himself in his personal custody or possession, but also the knowingly and wilfully having it in the actual custody or possession of any other person, and also the knowingly and wilfully having it in any dwelling-house or other building, lodging, apartment, field, or other place, open or inclosed, whether belonging to or occupied by himself or not, and whether such matter shall be so had for his own use or benefit, or for that of any other person.'

'Whether the coin is the King's current coin or not is a mere question of fact which may be found upon evidence of common usage or notoriety: 1 Russ. Cri. 344, from 1 East P. C. 149; Hale, 1 P. C. 213, adds: though no proclamation of it extant.' Cf. s. 29.

'The standard of the money of England that hath for many ages obtained is that which is commonly called sterling . . . tho the denomination of sterling was at first applied to the coin of silver . . . yet use hath made it applicable not only to all kind of English coin of silver, but also to coin of gold.' 1 Hale P. C. 188.

Counterfeiting coin] By s. 2: 'Whosoever shall falsely make or counterfeit any coin, resembling or apparently intended to resemble or pass for any of the queen's current gold or silver coin shall, in England and Ireland, be guilty of felony and being convicted thereof shall be liable. to be kept in penal servitude for life." (This crime was reduced from treason by 2 W. 4, 34, 1.)