A.D. 1878. of England measured from low-water mark, or deemed by interna tional law to be within the territorial sovereignty of Her Majesty by reason of its adjacency to the said coast. (6.) 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 25 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. 30 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 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. day of SECTION 4. PLACE OF COMMISSION OF OFFENCES. 40 (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. 5 (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. (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 docu ment, or in using any forged document, is committed as long as and unlawfully dealt with in his possession or under his control, whether The parts of this Act which do not relate to procedure shall apply on which it comes into force, but not to any offence the commission ns Lot 20 SECTION 5. OFFENDERS TO BE TRIED UNDER THIS ACT. 25 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. SECTION 6. INTERPRETATION OF TERMS. Every expression contained in this Act which refers to Her Superior court” means (a.) The High Court of Justice. 40 (6.) The Central Criminal Court. 66 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 of quarter session" includes courts of quarter session for counties and other districts, and for boroughs. 5 “ Court” includes a single judge acting as such. “ Justice” includes more justices than one acting together. Counsel,” in relation to courts in which solicitors practise as advocates, includes solicitors. 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. ENUMERATION OF PUNISHMENTS INFLICTED FOR OFFENCES. 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. 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 misdemeanants of the first division by the Prison Act, 1865. No prisoner shall henceforth be sentenced to solitary confinement for any part of the term of his imprisonment. 5 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. The punishment of whipping shall consist of the infliction of a not exceed 16 by a birch rod. No flogging or whipping shall take place after the expiration Every flogging or whipping inflicted on any person sentenced a convict prison with a view to his undergoing his sentence of penal From the passing of this Act no offender shall be liable to be No female shall be liable to be flogged or whipped. 20 SECTION 11. FINE. Every person sentenced to pay a fine shall be subject to simple 30 imprisonment till such fine is paid. SECTION 12. 35 PROVISION FOR THE INFLICTION OF MINOR PUNISHMENTS. 35 1 A.D. 1878. Every person liable under this or any other Act of Parliament Every person who by any provision of this Act is declared to be 15 Every person who by any provision of this Act is declared to be Every person who by any provision of this Act is declared to be Every person who by any provision of this Act is declared to be 25 SECTION 13. PUTTING UNDER RECOGNIZANCES. Every person who under any provision of this or any other Act 30 |