plosive substance, or any dangerous or noxious thing, &c. with or any machine, engine, instrument, or thing, with intent to commit any intent by means thereof to commit, or for the pur- felony pose of enabling any other person to commit, any of against the felonies in this Act mentioned, shall be guilty of this Act. a misdemeanor, and being convicted thereof shall 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, if a male under the age of sixteen years, with or without whipping. This clause is taken from the 9 & 10 Vict. c. 25, s. 8, and extended to all the felonies against this Act. As to hard labour, &c., see ante, p. 5. warrants &c. in which ex pected to committing 65. Any justice of the peace of any county or Justices place in which any such gunpowder, or other explosive, may issue dangerous, or noxious substance or thing, or any for searchsuch machine, engine, instrument, or thing, is suspected ing houses, to be made, kept, or carried for the purpose of being used in committing any of the felonies in this Act plosive mentioned, upon reasonable cause assigned upon substances oath by any person, may issue a warrant under his are sushand and seal for searching in the daytime, any be made house, mill, magazine, storehouse, warehouse, shop, for the cellar, yard, wharf, or other place, or any carriage, purpose of waggon, cart, ship, boat, or vessel, in which the same felonies is suspected to be made, kept, or carried for such against this purpose as hereinbefore mentioned; and every per- Act. son acting in the execution of any such warrant shall have, for seizing, removing to proper places, and detaining all such gunpowder, explosive, dangerous, or noxious substances, machines, engines, instruments, or things, found upon such search, which he shall have good cause to suspect to be intended to be used in committing any such offence, and the barrels, packages, cases, and other receptacles in which the same shall be, the same powers and protections which are given to persons searching for unlawful quantities of gunpowder under the warrant of a 23 & 24 Vict. c. 139. justice by the Act passed in the Session holden in the twenty-third and twenty-fourth years of the reign of Her present Majesty, chapter one hundred and thirty-nine, intituled "An Act to amend the Law concerning the making, keeping, and carriage of Gunpowder and Compositions of an explosive nature, and concerning the manufacture, sale, and use of fireworks.” This clause is framed from the 9 & 10 Vict. c. 25, s. 12, which referred to the 12 Geo. 3, c. 61, for the powers to search for explosive substances, &c.; but that Act was repealed by the 23 & 24 Vict. c. 139, which contains similar provisions to those in the repealed Act. This clause has consequently been altered in some of its terms, so as to correspond with the 23 & 24 Vict. c. 139, and the reference made to that Act instead of the repealed Act. The clause has also been extended to the search for any machine, engine, instrument, or thing intended to be used for any purpose speIcified in the Act. A person loitering at night, and of any Other Matters. 66. Any constable or peace officer may take into custody, without a warrant, any person whom he suspected 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. felony against this Act, may be apprehended. This clause is taken from the 9 & 10 Vict. c. 25, ss. 13, 14, and extended to all the felonies against this Act. in the 67. In the case of every felony punishable under Punishthis Act, every principal in the second degree, and ment of every accessory before the fact, shall be punishable principals in the same manner as the principal in the first second degree is by this Act punishable; and every acces- degree, and sory after the fact to any felony punishable under accessories. 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. This clause is framed on the similar clauses in the 7 & 8 Geo. 4, c. 29, s. 61; 7 & 8 Geo. 4, c. 30, s. 26; 9 Geo. 4, c. 31, s. 31; 9 Geo. 4, c. 55, s. 54 (I.); 9 Geo. 4, c. 56, s. 33 (I.); and 10 Geo. 4, c. 34, s. 40 (I.); and a similar clause will be found in all the Acts following this in this work. The punishment of accessories before the fact is the same as that of principals under the 11 & 12 Vict. c. 46, s. 1, which has impliedly repealed any lesser punishment assigned to accessories before the fact by any previous Act. As to hard labour, &c., see ante, p. 5. of the 68. All indictable offences mentioned in this Act Offences which shall be committed within the jurisdiction of committed the Admiralty of England or Ireland shall be deemed within the to be offences of the same nature and liable to the jurisdiction same punishments as if they had been committed Admiralty. 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. Note.-This enactment is framed on the similar clauses contained in the 7 & 8 Geo. 4, c. 29, s. 77; 7 & 8 Geo. 4, c. 30, s. 43; 9 Geo. 4, c. 31, s. 32; 9 Geo. 4, c. 55, s. 74 (I.); 9 Geo. 4, c. 56, s. 55 (I.); and 10 Geo. 4, c. 34, s. 41 (I.); together with the 7 & 8 Vict. c. 2. Some of these enactments simply provide for the trial of offences committed within the jurisdiction of the Admiralty; whilst others provide in addition, that the offences mentioned in the Act, which shall be committed within the jurisdiction of the Admiralty, 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. It seems clear that, wherever an Act creates new offences, this is the proper enactment; for, though in the case of offences against the laws of nature and nations, such as murder or piracy committed on the seas, the general course of legislation has been simply to provide for their trial, and no doubt correctly, because, in the eye of the law of England, they were offences of the same nature as if they had been committed on land in England, yet it may well be doubted whether that be sufficient in the case of newly created offences; and it is certainly much safer to have the provision with which this clause commences. The 39 Geo. 3, c. 37, s. 1, no doubt provides generally, that every offence committed upon the high seas shall be of the same nature, &c., as if it had been committed on shore, but it is by no means clear that that enactment applies to In Ireland it was necessary to issue a special Gaol or 69. Whenever imprisonment, with or without hard Hard lalabour, may be awarded for any indictable offence hour in under this Act, the Court may sentence the offender House of to be imprisoned, or to be imprisoned and kept Correction. to hard labour, in the common gaol or house of correction. Note.-See ante, p. 5, for the note to this clause. direct may confinement and 70. Whenever solitary confinement may be awarded Solitary for any offence under this Act, the Court the offender to be kept in solitary confinement for whipping. 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 inflicted shall be specified by the Court in the sentence. Note.-See ante, p. 5, 6, for the note to this clause. |