able as simple larceny,' and whose age at the period of the commission or attempted commission of such offence shall not, in the opinion of the justices before whom he or she shall be brought or appear as hereinafter mentioned, exceed the age of fourteen years, shall, upon conviction thereof, upon his own confession or upon proof, before any two or more justices of the peace for any county, riding, division, borough, liberty, or place in petty sessions assembled, at the usual place, and in open court, be committed to the common gaol or house of correction within the jurisdiction of such justices, there to be imprisoned, with or without hard labour, for any term not exceeding three calendar months, or, in the discretion of such justices, shall forfeit and pay such sum, not exceeding three pounds, as the said justices shall adjudge, or, if a male, shall be once privately whipped, either instead of or in addition to such imprisonment, or imprisonment with hard labour; and the said justices shall from time to time appoint some fit and proper person, being a constable, to inflict the said punishment of whipping when so ordered to be inflicted out of prison :

Justices may dismiss the accused if they deem it expedient not to inflict any punishment.

Provided always, that if such justices upon the hearing of any such case shall deem the offence not to be proved, or that it is not expedient to inflict any punishment, they shall dismiss the party charged, on finding surety or sureties for his future good behaviour, or without such sureties, and then make out and deliver to the party charged a certificate under the hands of such justices stating the fact of such dismissal, and such certificate shall and may be in the form

The punishment for larceny is that of transportation for seven years, or imprisonment for two years with or without hard labour and solitary confinement, 7 & 8 Geo. 4, c. 29, s. 4, (such solitary confinement not to exceed one month at a time, 7 & 8 Will. 4 & 1 Vict. c. 90, s. 5,) with whipping. All offences thus punishable as larcenies before the act passed are now within its scope for juvenile offenders. It thus includes all larcenies at common law, but not larcenies by servants under 7 & 8 Geo. 4, c. 29, s 46; nor the stealing of cattle; nor of writings under the 23rd section of that act; nor of obtaining goods by false pretences; nor receiving goods knowing them to be stolen; nor in dwelling houses or shops; nor stealing letters, &c.; nor from wrecks; nor for taking conies or rabbits in warrens or fish from fish ponds; nor stealing or dredging for oysters; but it does include "stealing, or severing with intent to steal, ore, &c. from mines," 7 & 8 Geo. 4, c. 20; also "stealing or cutting trees," 7 & 8 Geo. 4, c. 29; also stealing or destroying plants in gardens; also "stealing or cutting lead or metal fixed to any building, &c., or in any square, &c.," 7 & 8 Geo. 4, c. 29, s. 44; also "stealing bills and securities for money, &c.," if they relate to goods which it would be simple larceny to steal, 7 & 8 Geo. 4, c. 29, s. 5; also hunting or stealing deer in enclosed places," 7 & 8 Geo. 4,

c. 29, s. 26.

2 The age is to be determined by the discretion of the justices. They will be bound nevertheless to require some evidence of the fact.

3 This is a power which must be exercised with great rareness and discretion; the expediency of not punishing a guilty party is of very rare occurrence. Care must be taken not to allow this to give rise to charges of partiality.

or to the effect set forth in the schedule hereto annexed in that behalf: Provided also, that if such justices shall be of opinion, before the person charged shall have made his or her defence, that the charge is from any circumstance a fit subject for prosecution by indictment, or if the person charged shall, upon being called upon to answer the charge object to the case being summarily disposed of under the provisions of this act, such justices shall, instead of summarily adjudicating thereupon, deal with the case in all respects as if this act had not been passed.1

2.-Power to justices to hear and determine.

And be it enacted, that any two or more justices of the peace for any county, riding, division, borough, liberty, or place in petty sessions assembled, and in open court, before whom any such person as aforesaid charged with any offence made punishable under this act shall be brought or appear, are hereby authorized to hear and determine the case under the provisions of this act :

One magistrate may, in certain cases, perform acts usually done by two. Provided always, that any magistrate of the police courts of the metropolis sitting at any such police court, and any stipendiary magistrate sitting in open court, having by law the power to do acts usually required to be done by two or more justices of the peace, shall and may within their respective jurisdictions hear and determine every charge under this act, and exercise all the powers herein contained, in like manner and as fully and effectually as two or more justices of the peace in petty sessions assembled as aforesaid can or may do by virtue of the provisions in this act contained.

3.-Proceedings under this act a bar to further proceedings.

And be it enacted, that every person who shall have obtained such certificate of dismissal as aforesaid, and every person who shall have been convicted under the authority of this act, shall be released from all further or other proceedings for the same cause.

4.-Mode of compelling the appearance of persons punishable on summary

conviction.

And for the more effectual prosecution of offences punishable upon summary conviction by virtue of this act, be it enacted, that where any person whose age is alleged not to exceed fourteen years shall be charged with any such offence on the oath of a credible witness before any justice of the peace, such justice may issue his summons or warrant to summon or to apprehend the person so charged to appear before any two justices of the peace in petty sessions assembled as aforesaid at a time and place to be named in such summons or

warrant.

This power to the party charged to require the proceedings to stand over to the sessions or assizes will be of very unusual occurrence: it will oftener happen that when the law of the case shall be doubtful the justices themselves will discreetly prefer that the responsibility of deciding it shall not fall upon them.

This will not affect the power of sentencing afterwards as for previous convictions. The convictions under this act will still be for felonies, and therefore satisfy the terms of 7 & 8 Geo. 4, c. 28.

5.- Power to one Justice to remand and take bail.

And be it enacted, that any justice or justices of the peace, if he or they shall think fit, may remand for further examination or for trial, or suffer to go at large upon his or her finding sufficient surety or sureties, any such person as aforesaid charged before him or them with any such offence as aforesaid; and every such surety shall be bound by recognizance to be conditioned for the appearance of such person before the same or some other justice or justices of the peace for further examination, or for trial before two or more justices of the peace in petty sessions assembled as aforesaid, or for trial at some superior court, as the case may be; and every such recognizance may be enlarged from time to time by any such justice or justices to such further time as he or they shall appoint; and every such recognizance which shall not be enlarged shall be discharged without fee or reward, when the party shall have appeared according to the condition thereof.

6.- Application of fines.

And be it enacted, that every fine imposed by any justices under the authority of this act shall be paid to the clerk to the convicting justices, and shall be by him paid over to the use of the general county rate, or rate in the nature of a general county rate, for the county, riding, division, borough, liberty, franchise, city, town, or place in which the offence in respect of which such fine shall be imposed may have been committed.

7.—As to the summoning and attendance of witnesses.

And be it enacted, that it shall be lawful for any justice of the peace by summons to require the attendance of any person as a witness upon the hearing of any case before two justices, under the authority of this act, at a time and place to be named in such summons; and such justice may require and bind by recognizance all persons whom he may consider necessary to be examined touching the matter of such charge to attend at the time and place to be appointed by him, and then and there to give evidence upon the hearing of such charge; and in case any person so summoned or required or bound as aforesaid shall neglect or refuse to attend in pursuance of such summons or recognizance, then, upon proof being first given of such person's having been duly summoned as hereinafter mentioned, or bound by recognizance as aforesaid, it shall be lawful for the justices before whom any such person ought to have attended to issue their warrant to compel his appearance as a witness.

8.-Service of summons.

And be it enacted, that every summons issued under the authority of this act may be served by delivering a copy of the summons to the party, or by delivering a copy of the summons to some inmate at such party's usual place of abode, and every person so required, by any writing under the hand or hands of any justice or justices, to attend and give evidence as aforesaid, shall be deemed to have been duly summoned.

9.-Form of conviction.

And be it enacted, that the justices before whom any person shall be summarily convicted of any such offence as hereinbefore mentioned may cause the conviction to be drawn up in the form of words set forth in the schedule to this act annexed, or in any other form of words to the same effect, which conviction shall be good and effectual to all intents and purposes.

10. No certiorari, &c.

And be it enacted, that no such conviction shall be quashed for want of form, or be removed by certiorari or otherwise 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 good and valid conviction to sustain the same.

11.-Convictions to be returned to the Quarter Sessions.

And be it enacted, that the justices of the peace before whom any person shall be convicted under the provisions of this act shall forthwith thereafter transmit the conviction and recognizances to the clerk of the peace for the county, borough, liberty, or place wherein the offence shall have been committed, there to be kept by the proper officer among the records of the court of general quarter sessions of the peace; and the said clerk of the peace shall transmit to one of her majesty's principal secretaries of state a monthly return of the names, offences, and punishments mentioned in the convictions, with such other particulars as may from time to time be required.

12.-No forfeiture upon convictions under act, but presiding justices may order restitution of property.

And be it enacted, that no conviction under the authority of this act shall be attended with any forfeiture, but whenever any person shall be deemed guilty under the provisions of this act it shall be lawful for the presiding justices to order restitution of the property in respect of which such offence shall have been committed to the owner thereof or his representatives, and if such property shall not then be forthcoming, the same justices, whether they award punishment or dismiss the complaint, may inquire into and ascertain the value thereof in money, and if they think proper order payment of such sum of money to the true owner, by the person or persons convicted, either at one time or by instalments at such periods as the court may deem reasonable, and the party or parties so ordered to pay shall be liable to be sued for the same as a debt in any court in which debts may be by law recovered, with costs of suit, according to the practice of such court.

13. Recovery of penalties

And be it enacted, That whenever any justices of the peace shall adjudge any offender to forfeit and pay a pecuniary penalty under the authority of this act, and such penalty shall not be forthwith paid, it shall be lawful for such justices, if they shall deem it expedient, to appoint some future day for the payment of such penalty, and to order the offender to be detained in safe custody until the day

so to be appointed, unless such offender shall give security to the satisfaction of such justices for his or her appearance on such day; and such justices are hereby empowered to take such security by way of recognizance or otherwise, at their discretion; and if at the time so appointed such penalty shall not be paid, it shall be lawful for the same or any other justices of the peace, by warrant under their hands and seals, to commit the offender to the common gaol or house of correction within their jurisdiction, there to remain for any time not exceeding three calendar months, reckoned from the day of such adjudication, such imprisonment to cease on payment of the said penalty.

14.-Expenses of prosecutions how to be paid.

And be it enacted, that the justices in petty sessions assembled as aforesaid, before whom any person shall be prosecuted or tried for any offence cognizable under this act, are hereby authorized and empowered, at their discretion, at the request of the prosecutor or of any other person who shall appear on recognizance or summons to prosecute or give evidence against any person accused of any such offence, to order payment to the prosecutor and witnesses for the prosecution of such sums of money as to the justices shall seem reasonable and sufficient to reimburse such prosecutor and witnesses for the expenses they shall have severally incurred in attending before the examining magistrate, and in otherwise carrying on such prosecution, and also to compensate them for their trouble and loss of time therein, and to order payment to the constables and other peace officers for the apprehension and detention of any person or persons so charged; and although no conviction shall actually take place, it shall be lawful for the said justices to order all or any of the payments aforesaid when they shall be of opinion that the parties or any of them have acted bonâ fide; and the amount of expenses of attending before the examining magistrate, and the compensation for trouble and loss of time therein, and the allowances to the constables and other peace officers for the apprehension and detention of the offender, and the allowances to be paid to the prosecutor, witnesses and constables for attending at the said petty sessions, shall be ascertained by and certified under the hands of the justices in such petty session assembled as aforesaid: provided always, that the amount of the costs, charges and expenses attending any such prosecution, to be allowed and paid as aforesaid, shall not in any one case exceed the sum of forty shillings: provided also, that no expenses shall be allowed to prosecutors, witnesses and constables exceeding the sums allowed, according to a scale of fees and allowances authorized and settled by the justices of the peace at quarter sessions assembled, according to the statute in such case made and provided with respect to preliminary inquiries before justices of the peace in cases of felony.

15.-Orders for payment how to be made.

And be it enacted, that every such order of payment to any prosecutor or other person, after the amount thereof shall have been