A.D. 1878. of England measured from low-water mark, or deemed by international law to be within the territorial sovereignty of Her Majesty by reason of its adjacency to the said coast. (b.) To all acts done by any person, whether a natural-born subject of Her Majesty or not, on board any British ship, vessel, or boat, 5 on any part of the sea, or in any place in which the admiral has jurisdiction, or done in or upon the sea by any person who immediately before doing such act was in or upon any such ship, vessel, or boat as aforesaid. (c.) To all acts done on land out of Her Majesty's dominions 10 in any country or place in which, and by any person over whom Her Majesty has power and jurisdiction, and in which and in regard to whom Her Majesty has directed that the criminal law of England shall be in force: Provided that this Act shall not come into operation in any such country or place until Her Majesty is pleased 15 to direct that it shall do so by an Order in Council, and then only to such an extent as such Order in Council may direct. (d.) To all offences tried in any Court in Her Majesty's Indian or Colonial Possessions not under the local law of such Possessions but under the law of England: Provided that this Act shall not 20 come into force in any such Possession until a day to be fixed by a proclamation to be issued in India by the Governor-General in Council, and in any Colony by the Governor-General, Governor, Lieutenant-Governor, or other chief officer. Provided also, that whenever in this Act it is enacted that any enactment shall apply to acts done by Her Majesty's natural born or naturalized subjects, on land out of England, such enactment shall not extend to any part of Her Majesty's dominions out of England, but shall relate to the acts to which it applies only when any person accused of any of them is tried in England. The provisions of this Act which relate to procedure shall apply only to proceedings in England, but they shall extend to all proceedings in relation to indictable offences taken after the day of 25 30 whenever such offences may have been committed, and although the prosecution of such offences may have 35 been commenced before that day. No provision as to procedure contained in this Act shall affect any proceedings upon an impeachment in Parliament. SECTION 4. PLACE OF COMMISSION OF OFFENCES. (a.) Every offence which consists in displaying an intention by an overt act is committed at every place in which any overt act is done, by which any such intention is displayed. 40 (b.) Every conspiracy is committed at every place at which any of A.D. 1878. the conspirators did any overt act in furtherance of their common unlawful purpose, as well as at the place where their unlawful agreement was made. 5 (c.) Every murder and manslaughter, and every offence which consists in the infliction of any bodily injury on any person, is committed both at the place of the act or omission which was the cause of death or bodily injury, and at the place where the death of the person killed took place, and at the place where the person injured 10 received such injury. (d.) Every indictable offence consisting in unlawfully taking or obtaining or appropriating property, or in knowingly receiving property so taken, obtained, or appropriated, or in forging any document, or in using any forged document, is committed as long as and 15 at every place where the offender has the property or document so unlawfully dealt with in his possession or under his control, whether the original offence was committed within Her Majesty's dominions or without. The parts of this Act which do not relate to procedure shall apply 20 to all offences committed against its provisions on or after the day on which it comes into force, but not to any offence the commission of which was begun before that day, although the offence may have been completed or may have become complete on or after that day. 25 SECTION 5. OFFENDERS TO BE TRIED UNDER THIS ACT. Every person who, after this Act comes into force, commits any indictable offence against any provision thereof, shall be proceeded against under such provision or under some other provision of some statute not inconsistent therewith and not repealed thereby, and 30 shall not be proceeded against at common law. 40 SECTION 6. INTERPRETATION OF TERMS. In this Act the following words and expressions are used in the following senses, unless a different intention appears from the 35 context. Every expression contained in this Act which refers to Her Majesty is intended to refer to Her Majesty, her heirs and successors. "Superior court" means (a.) The High Court of Justice. A.D. 1878. (c.) The Court of a judge or Commissioner of assize oyer and terminer or gaol delivery. (d.) The Superior Criminal Courts of the counties palatine. "Court" includes a single judge acting as such. Counsel," in relation to courts in which solicitors practise as advocates, includes solicitors. 66 5 District," in relation to the jurisdiction of courts and justices, 10 means any county, riding, division, liberty, city, borough, or place in which any court or justice of the peace is authorised to act, either by any commission or by any statute. The word "oath," and all other words relating to the swearing of witnesses or jurors, include declarations or affirmations permitted 15 by law to be substituted for oaths, and the act of making such declarations or affirmations. CHAPTER II. OF PUNISHMENTS. SECTION 7. ENUMERATION OF PUNISHMENTS INFLICTED FOR OFFENCES. 20 The following punishments may be inflicted for the offences herein-after defined, that is to say, death, penal servitude, imprisonment, detention in a reformatory school, subjection to police supervision, flogging, whipping, fines. Every such punishment shall be 25 inflicted in the manner now prescribed by law, subject to the provisions herein-after contained. SECTION 8. PUNISHMENT OF DEATH. The punishment of death shall in all cases be inflicted in the 30 manner prescribed by the Capital Punishment Amendment Act, 1868. SECTION 9. FUNISHMENT OF IMPRISONMENT. There shall be three kinds of imprisonment; that is to say, (1.) Imprisonment with hard labour; (2.) Imprisonment without hard labour; and (3.) Simple imprisonment; 35 and every sentence of imprisonment shall specify which of the three A.D. 1878. kinds of imprisonment is to be inflicted. The punishment of simple imprisonment shall be inflicted in the manner prescribed for mis- 35 5 No prisoner shall henceforth be sentenced to solitary confinement for any part of the term of his imprisonment. SECTION 10. FLOGGING AND WHIPPING. The punishment of flogging shall consist of the infliction of a 10 number of strokes, not exceeding 50, on a person whose age exceeds 16, by an instrument to be specified by the court. 15 The punishment of whipping shall consist of the infliction of a number of strokes, not exceeding 25, on a person whose age does not exceed 16 by a birch rod. In each case the court shall in its sentence specify the number of strokes and the instrument to be used. No flogging or whipping shall take place after the expiration of six months from the passing of the sentence. Every flogging or whipping inflicted on any person sentenced 20 to penal servitude shall be inflicted on him before he is removed to a convict prison with a view to his undergoing his sentence of penal servitude. From the passing of this Act no offender shall be liable to be either flogged or whipped except under the provisions of this or 25 some other Act of Parliament. No female shall be liable to be flogged or whipped. SECTION 11. FINE. Every person sentenced to pay a fine shall be subject to simple 30 imprisonment till such fine is paid. SECTION 12. PROVISION FOR THE INFLICTION OF MINOR PUNISHMENTS. Every person liable under this or any other Act of Parliament to be sentenced to penal servitude for life or for any term of years 35 may, unless the contrary is expressed in this Act, and except in the case herein-after provided for, be sentenced to any shorter term of penal servitude not being less than five years, or instead thereof to any term of imprisonment not exceeding two years, with or without hard labour. A.D. 1878. Every person liable under this or any other Act of Parliament to be sentenced for any indictable offence to imprisonment for any term may, unless the contrary is expressed in this Act, be sentenced to imprisonment for any shorter term, and every person liable under this or any other Act of Parliament to be sentenced for any indict- 5 able offence to imprisonment with hard labour, may, unless the contrary is expressed in this Act, be sentenced to imprisonment without hard labour, but no offender against any provision of this Act who is declared to be liable to imprisonment with hard labour for any offence shall be sentenced to simple imprisonment therefor, 10 unless the infliction of such a punishment is expressly authorised. Every person who by any provision of this Act is declared to be liable to imprisonment generally may be sentenced either to imprisonment without hard labour or to simple imprisonment for any term not exceeding two years. No person shall be sentenced for any offence either at common law or under the provisions of any statute to any longer term of imprisonment than two years. 15 Every person who by any provision of this Act is declared to be liable to penal servitude or imprisonment of any kind may, in addi- 20 tion thereto, or instead thereof, be sentenced to pay a fine. Every person who by any provision of this Act is declared to be liable to be flogged or whipped, besides being otherwise punished, may be sentenced to all or any one or more of such punishments. Every person who by any provision of this Act is declared to be 25 liable to a fine of any specified amount may be sentenced to pay any smaller fine. SECTION 13. PUTTING UNDER RECOGNIZANCES. Every person who under any provision of this or any other Act 30 of Parliament is convicted of any indictable offence for which he is liable to be sentenced to penal servitude or imprisonment or to fine may, in addition thereto or instead thereof, be required to enter into his own recognizances and to find sureties (both or either) to such amount as the court by which he is tried considers reasonable, 35 that he shall keep the peace, be of good behaviour, abstain from repeating or continuing the offence of which he has been convicted, or do or forbear from doing any other act of the same kind which the court may consider proper, or that he will appear and receive judgment when called upon, or be of good behaviour (both or either). 40 |