24 & 25 VICT. C. 98. An Act to consolidate and amend the Statute Law of England and [6th August, 1861.] 'Whereas it is expedient to consolidate and amend the statute law of England and Ireland relating to indictable offences by forgery:' be it enacted, &c., as follows: Sects. 1 to 48 inclusive will be found in vol. 2. See table of statutes at the commencement of that vol. Abettors in misdemea 49. In the case of every felony punishable under this Act, every prin- Principals in cipal in the second degree, and every accessory before the fact, shall be the second punishable in the same manner as the principal in the first degree is by accessories. degree and this Act punishable; and every accessory after the fact to any felony punishable under this Act shall on conviction be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement; and every person who shall aid, abet, counsel, or procure the commission of any misdemeanor punishable under this Act shall be liable to be proceeded against, indicted, and punished as a principal offender. 50. All indictable offences mentioned in this Act which shall be committed within the jurisdiction of the Admiralty of England or Ireland shall be deemed to be offences of the same nature and liable to the same punishments as if they had been committed upon the land in England or Ireland, and may be dealt with, inquired of, tried, and determined in any county or place in England or Ireland in which the offender shall be apprehended or be in custody, in the same manner in all respects as if they had been actually committed in that county or place; and in any indictment for any such offence, or for being an accessory to such an offence, the venue in the margin shall be the same as if the offence had been committed in such county or place, and the offence shall be averred to have been committed on the high seas:' provided that nothing herein contained shall alter or affect any of the laws relating to the government of her Majesty's land or naval forces. nors. Offences com mitted within the jurisdic tion of the Admiralty. keeping the peace; in what cases. 51. Whenever any person shall be convicted of a misdemeanor under Fine and this Act it shall be lawful for the court, if it shall think fit, in addition sureties for to or in lieu of any of the punishments by this Act authorized, to fine the offender, and to 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 all cases of felonies in this Act mentioned it shall be lawful for the court, if it shall think fit, to require the offender to enter into his own recognizances, and to find sureties, both or either, for keeping the peace, in addition to any of the punishments by this Act authorized provided, that no person shall be imprisoned under this clause for not finding sureties for any period exceeding one year. 52. Whenever imprisonment, with or without hard labour, may be Hard labour. awarded for any 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. finement. 53. Whenever solitary confinement may be awarded for any offence Solitary conunder 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. 54. The court before which any indictable misdemeanor against this The costs of the prosecution of misdemeanor against this Act may be allowed. Act not to extend to Scotland. Commence ment of Act. Act shall be prosecuted or tried may allow the costs of the prosecution in the same manner as in cases of felony; and every order for the payment of such costs shall be made out, and the sum of money mentioned therein paid and repaid, upon the same terms and in the same manner in all respects as in cases of felony. 55. Nothing in this Act contained shall extend to Scotland, except a otherwise hereinbefore expressly provided. 56. This Act shall commence and take effect on the first day of November, 1861. 24 & 25 VICT. c. 99. Interpretation of terms. Current gold and silver coin. Copper coin. False or counterfeit coin. Current coin. What shall be possession. Penalty on more than five An Act to consolidate and amend the Statute Law of the United Kingdom against Offences relating to the Coin. [6th August, 1861.] 'Whereas it is expedient to consolidate and amend the statute law of the United Kingdom against offences relating to the coin:' be it therefore enacted by, &c., as follows:— 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 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 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. Sects. 2 to 30 inclusive (except s. 23) will be found in the first volume. See the Table of Statutes at the commencement of that volume. 23. Whosoever, without lawful authority or excuse (the proof whereof shall lie on the party accused), shall have in his custody or possession any greater number of pieces than five pieces of false or counterfeit coin resembling or apparently intended to resemble or pass for any gold or silver coin of any foreign prince, state, or country, or any such copper or other coin as in the last preceding section mentioned, shall, on conviction thereof before any justice of the peace, forfeit and lose all such false and counterfeit coin, which shall be cut in pieces and destroyed by order of such justice, and shall for every such offence forfeit and pay any sum of money not exceeding forty shillings nor less than ten shillings for every such piece of false and counterfeit coin which shall be found in the cus tody or possession of such person, one moiety to the informer, and the other moiety to the poor of the parish where such offence shall be committed; and in case any such penalty shall not be forthwith paid it shall be lawful for any such justice to commit the person who shall have been adjudged to pay the same to the common gaol or house of correction, there to be kept to hard labour for the space of three months, or until such penalty shall be paid. 31. It shall be lawful for any person whatsoever to apprehend any person who shall be found committing any indictable offence, or any high crime and offence, or crime and offence, against this Act, and to convey or deliver him to some peace officer, constable, or officer of police, in order to his being conveyed as soon as reasonably may be before a justice of the peace or some other proper officer, to be dealt with according to law. 32. No conviction for any offence punishable on summary conviction No certiorari, under this Act shall be quashed for want of form, or be removed by &c. certiorari into any of Her Majesty's Superior Courts of Record; 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 valid conviction to sustain the same. Venue in proceedings against perunder this Act. sons acting Notice of action. 33. All actions and prosecutions to be commenced against any person for anything done in pursuance of this Act shall, in England or Ireland, be laid and tried in the county where the fact was committed, and shall, in England, Ireland, or Scotland, be commenced within six months after the fact committed, and not otherwise; and notice in writing of such action and of the cause thereof shall be given to the defendant or defender one month at least before the commencement of the action; and in any such action brought in England or Ireland the defendant General issue. may plead the general issue, and give this Act and the special matter in evidence, at any trial to be had thereupon, and in Scotland the defender may insist on all relevant defences; and no plaintiff or pursuer shall Tender of recover in any such action if tender of sufficient amends shall have amends, &c. been made before such action brought, or if a sufficient sum of money shall have been paid into court after such action brought, by or on behalf of the defendant or defender; and if, in England or Ireland, a verdict shall pass for the defendant, or the plaintiff shall become nonsuit, or discontinue any such action after issue joined, or if, upon demurrer or otherwise, judgment shall be given against the plaintiff, or if, in Scotland, the verdict shall be for the defender, or if the pursuer shall abandon the action, or the court shall dismiss it as irrelevant or improperly laid, in every such case the defendant or defender shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant or defender has by law in other cases; and though a verdict shall be given for the plaintiff or pursuer in any such action, such plaintiff or pursuer shall not have costs against the defendant or defender, unless the judge before whom the trial shall be shall certify his approbation of the action. Secs. 34 to 40, inclusive, will be found in vol. 1. See Table of Statutes at commencement of that vol. 41. Every offence hereby made punishable on summary conviction may be prosecuted in England in the manner directed by the Act of the session holden in the eleventh and twelfth years of Queen Victoria, chapter forty-three, and may be prosecuted in Ireland before two or more justices of the peace, or one metropolitan or stipendiary magistrate, in the manner directed by the Act of the session holden in the fourteenth and fifteenth years of Queen Victoria, chapter ninety-three, or in such other manner as may be directed by any Act that may be passed for like purposes; and all provisions contained in the said Acts shall be Summary proceedings in England may 11 12 Vict. c. 43, and in Ireland under the 14 & 15 be under the Vict. c. 93. Except in London and the metropolitan police district. Costs of prosecutions. Commencement of Act. A person loitering at night, and suspected of any felony against this Act, may be apprehended. Punishment of principals in the second degree, and accessories. Offences com mitted within the jurisdic applicable to such prosecutions in the same manner as if they were incorporated in this Act: provided, that nothing in this Act contained shall in any manner alter or affect any enactment relating to procedure in the case of any offence punishable on summary conviction within the City of London or the metropolitan police district, or the recovery or application of any penalty or forfeiture for any such offence. 42. In all prosecutions for any offence against this Act in England, which shall be conducted under the direction of the solicitors of Her Majesty's treasury, the court before which such offence shall be prosecuted or tried shall allow the expenses of the prosecution in all respects as in cases of felony; and in all prosecutions for any such offence in England which shall not be so conducted it shall be lawful for such court, in case a conviction shall take place, but not otherwise, to allow the expenses of the prosecution in like manner; and every order for the payment of such costs shall be made out, and the sum of money mentioned therein paid and repaid, upon the same terms and in the same manner in all respects as in cases of felony. .43. This Act shall commence and take effect on the first day of November, 1861. 24 & 25 VICT. c. 100. An Act to consolidate and amend the Statute Law of England and Ireland relating to Offences against the Person." [6th August, 1861.] 'Whereas it is expedient to consolidate and amend the statute law of England and Ireland relating to offences against the person :' be it enacted by &c., as follows: Secs. 1 to 56, inclusive, will be found in vol. 1. See the Table of Statutes at the commencement of that volume. Sec. 57. See vol. 3, p. 264. Secs. 58 to 65, inclusive, will be found in vol. 1. See Table of Statutes at the commencement of that volume. Other Matters. 66. Any constable or peace officer may take into custody, without a warrant, any person whom he shall 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 in this Act mentioned, and shall take such person as soon as reasonably may be before a justice of the peace, to be dealt with according to law. 67. In the case of every felony punishable under this Act, every principal in the second degree, and every accessory before the fact, shall be punishable in the same manner as the principal in the first degree is by this Act punishable; and every accessory after the fact to any felony punishable under this Act (except murder) shall be liable to be imprisoned for any term not exceeding two years, with or without hard labour; and every accessory after the fact to murder shall be liable, at the discretion of the court, to be kept in penal servitude for life or for any term not less than three years,— -or to be imprisoned for any term not exceeding two years, with or without hard labour; and whosoever shall counsel, aid, or abet the commission of any indictable misdemeanor punishable under this Act shall be liable to be proceeded against, indicted, and punished as a principal offender. 68. All indictable offences mentioned in this Act which shall be committed within the jurisdiction of the Admiralty of England or Ireland shall be deemed to be offences of the same nature and liable to the same punishments as if they had been committed upon the land in England tion of the or Ireland, and may be dealt with, inquired of, tried, and determined in Admiralty. any county or place in England or Ireland in which the offender shall be apprehended or be in custody, in the same manner in all respects as if they had been actually committed in that county or place; and in any indictment for any such offence, or for being an accessory to such an offence, the venue in the margin shall be the same as if the offence had been committed in such county or place, and the offence shall be averred to have been committed on the high seas:' provided, that nothing herein contained shall alter or affect any of the laws relating to the government of Her Majesty's land or naval forces. Hard labour house of correction. finement and whipping. 69. Whenever imprisonment, with or without hard labour, may be awarded for any indictable offence under this Act, the court may sentence in gaol or the offender to be imprisoned, or to be imprisoned and kept to hard labour in the common gaol or house of correction. 70. Whenever solitary confinement may be awarded for any offence Solitary conunder this Act, the court may direct the offender to be kept in solitary confinement for any portion or portions of any imprisonment, or of any imprisonment with hard labour, which the court may award, not exceeding one month at any one time, and not exceeding three months in any one year; and whenever whipping may be awarded for any 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 infiicted shall be specified by the court in the sentence. 71. 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 punishment by this Act authorized, 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 otherwise than with death 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 authorized provided, that no person shall be imprisoned for not finding sureties under this clause for any period exceeding one year. Fine and sureties for keeping the peace; in what cases. 72. No summary conviction under this Act shall be quashed for want No certiorari, of form, or be removed by certiorari into any of Her Majesty's Superior &c. Courts of Record; 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. 73. Where any complaint shall be made of any offence against section twenty-six of this Act, or of any bodily injury inflicted upon any person under the age of sixteen years, for which the party committing it is liable to be indicted, and the circumstances of which offence amount, in point of law, to a felony, or an attempt to commit a felony, or an assault with intent to commit a felony, and two justices of the peace before whom such complaint is heard shall certify under their hands that it is necessary for the purposes of public justice that the prosecution should be conducted by the guardians of the union or place, or, where there are no guardians, by the overseers of the poor of the place, in which the offence shall be charged to have been committed, such guardians or overseers, as the case may be, upon personal service of such certificate or a duplicate thereof upon the clerk of such guardians or upon any one of such overseers, shall conduct the prosecution, and shall pay the costs reasonably and properly incurred by them therein (so far Guardians and be required to overseers may prosecute in certain cases of offences against this Act. |