of one clause from those in another, will be entitled to no weight in the construction of such clauses; for that argument can only apply with force where an Act is framed from beginning to end with one and the same view, and with the intention of making it thoroughly consistent throughout.

A single instance will well explain my meaning. In s. 18 of the Offences against the Person Act, post, p. 31, we have wounding "with intent to resist or prevent the lawful apprehension or detainer of any person." In s. 38 of the same Act, post, p. 43, we have assault "with intent to resist or prevent the lawful apprehension or detainer of himself or any other person. On which difference in the terms used if any argument were founded, the answer would be that the words in s. 18 are the very words of the 7 Will. 4 & 1 Vict. c. 85, s. 4, and those in s. 38 are the words of the 9 Geo. 4, c. 31, s. 25 (except that "himself" is substituted for "the party so assaulting"); and it is clear that the construction of both these clauses in this Act ought to be the same; for the 7 Will. 4 & 1 Vict. c. 85, s. 4, is a reenactment of the 9 Geo. 4, c. 31, s. 12, and the words "any person" are substituted in the former for "the party so offending or any of his accomplices," "any" being used in the former in its widest sense, as comprehending every person.

GENERAL CLAUSES IN THE ACTS.

THERE are certain clauses as to hard labour, solitary confinement, whipping, fines, and sureties for the peace, which are generally applicable to most of the provisions in the Acts, and may be most conveniently placed together before the Acts, and referred to in the parts of the Acts to which they apply. They are as follows:

labour.

Whenever imprisonment, with or without hard Hard labour, may be awarded for any indictable offence under any of the Acts, 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.

Note. This provision is founded on the similar provisions contained in the 7 & 8 Geo. 4, c. 29; 7 & 8 Geo. 4, c. 30, &c.

confine

ment.

Whenever solitary confinement may be awarded Solitary for any indictable offence under any of the Acts, 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.

Note. This clause represents the previously existing law as fixed by the 7 Will. 4 and 1 Vict. c. 90, s. 5.

Whipping.

Fines and

the Peace.

Whenever whipping may be awarded for any indictable offence under any of the Acts, 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. This clause alters the law in several respects; it limits the whipping to once, instead of once, twice or thrice; and it abolishes whipping publicly; it also makes it incumbent on the Court to specify in the sentence the number of strokes, and the instrument with which they are to be inflicted.

Whenever any person shall be convicted of any Sureties for indictable misdemeanor punishable under any of the Acts, the Court may, if it shall think fit, in addition to or in lieu of any of the punishments by that Act authorised, fine the offender, and require him to enter into his own recognisances, and to find sureties, both or either, for keeping the peace and being of good behaviour; and in case of any felony punishable under any of the Acts, the Court may, if it shall think fit, require the offender to enter into his own recognisances, and to find sureties, both or either, for keeping the peace, in addition to any punishment by that Act authorised: Provided that no person shall be imprisoned under this clause for not finding sureties for any period exceeding one year.

Note.-This is a new enactment.

A fine is at common law one of the punishments for a misdemeanor, and by this clause the Court may, in addition to, or in lieu of, any of the punishments assigned to any misdemeanor by these acts, fine the offender. It may be as well to observe that a fine ought not to be imposed on a married woman, because in presumption of law she has no property wherewith to pay it. Rex v. Thomas, Rep. T. Hard. 278.

In all cases of misdemeanor the Court might by the Common Law add to the sentence of imprisonment, by ordering the defendant to find security for his good behaviour and for keeping the peace, and might order him to be imprisoned until such security were found. Reg. v. Dunn, 12 Q. B. 1026; but as this power was not generally known, it was thought better to insert it in this clause.

As it sometimes happens in cases of felony, that it may be expedient to require sureties for keeping the peace after the expiration of any imprisonment awarded, this clause empowers the Court to require such sureties. It is easy to see that it may frequently be highly advisable to pass a very short sentence of imprisonment on a youth, and to direct him to be delivered to his friends on their entering into the proper recognisances. And it may be well worth making the experiment whether requiring adults to find such sureties may not prove beneficial. The great difficulty, with which convicts have to contend immediately after their discharge, is the want of some check that may tend to prevent them from relapsing into their former habits; and the knowledge that their sureties. would be liable to forfeit their recognisances might, and probably would, in some cases at least, operate as a check upon their conduct. In cases of assault and other breaches of the peace, it has been found highly beneficial to require the parties to find sureties for their future good behaviour; and this leads to the hope that even in cases of felony a similar result may follow from requiring sureties for keeping the peace, especially where the felony has been accompanied by any personal violence.

ACCESSORIES AND ABETTORS.

Accessories

tried and

24 & 25 VICT. c. XCIV.

An Act to consolidate and amend the Statute Law of England and Ireland relating to Accessories to and Abettors of Indictable Offences.

WHEREAS it

[6th August 1861.]

THEREAS it is expedient to consolidate and amend the Statute Law of England and Ireland relating to accessories to and abettors of indictable offences: Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

As to accessories before the fact :

1. Whosoever shall become an accessory before before the the fact to any felony, whether the same be a felony fact may be at Common Law or by virtue of any Act passed or punished as to be passed, may be indicted, tried, convicted, and principals. punished in all respects as if he were a principal felon.

Note. This clause is taken from the 11 & 12 Vict. c. 46, s. 1, upon which it was held, that it was no objection to an accessory before the fact being convicted that his principal had been acquitted. Hall and Hughes were jointly indicted for stealing certain cotton. Hall was acquitted, and called as a witness against Hughes; and it clearly appeared that Hall had stolen the cotton at the instigation of Hughes, and in his absence,