No. 399.

bona fide instituted by any party aggrieved, or if he shall have first 35 VICTORIA, disclosed the same in any compulsory examination or deposition before any court upon the hearing of any matter in insolvency.

shall be affected.

c. 96 s. 86.

17. Nothing in any of the last nine preceding sections of this No remedy at Act contained nor any proceeding conviction or judgment to be had law or in equity or taken thereon against any person under any of the said sections 24 & 25 Vict. shall prevent lessen or impeach any remedy at law or in equity which any party aggrieved by any offence against any of the said sections might have had if this Act had not been passed; but no Convictions shall such offender shall be received in evidence in any in evidence in conviction of any action at law or suit in equity against him; and nothing in the said civil suits. sections contained shall affect or prejudice any agreement entered into or security given by any trustee having for its object the restoration or repayment of any trust property misappropriated.

not be received

call meetings of

18. Whosoever being a director manager or officer of any body Neglecting to corporate or public company shall wilfully neglect or refuse to con- company. vene any meeting of the body corporate or public company in accordance with the provisions of any Act now or hereafter to be in force or any by-laws rules regulations articles or memorandum of association or deed of partnership relating to such body corporate or public company shall be guilty of a misdemeanor and being convicted thereof shall be imprisoned for any term not exceeding three years.

19. Every person who with intent to defraud shall make any false entry or shall falsely alter any entry made in any book of accounts kept by any corporation or in any book of accounts or passbook kept by any such corporation or its officers and delivered or intended to be delivered to any firm or person dealing with such corporation by which any pecuniary obligation claim or credit shall be or shall purport to be discharged diminished increased created or in any manner affected shall be guilty of a misdemeanor and being convicted thereof shall be liable to be imprisoned for any term not exceeding five years.

omcers of bank falsifying ac

count or pass

book.

20. No misdemeanor against any of the last twelve preceding Certain misdesections shall be prosecuted or tried at any court of general sessions able at sessions. of the peace.

PART III.-MALICIOUS INJURIES TO PROPERTY.

Ib. s. 87.

prin

21. Subject to the provisions of the third section hereof this This Part Incor Part shall be read and construed for all purposes as one with the Part III. of p Third Part of the principal Statute, and as though each of the said cipal Statute. Parts were incorporated with the other.

22. Whosoever shall unlawfully and maliciously set fire to any setting fire to fence of any description whatsoever shall be guilty of felony, and fences. being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding seven years.

tion of justice.

23. The one hundred and seventy-eighth section of the principal claim of title not Statute shall be read together with the following proviso: Provided to oust juris that no claim of right or title shall oust the jurisdiction of the said justice, but the said justice may and shall enquire into the whole

No. 399.

35 VICTORIA, circumstances of the case and may convict any person offending notwithstanding that such person claims to be or is in fact jointly interested with some other person in the property alleged to have been injured.

Person setting

fire to fence not to be convicted under s. 178.

This Part incorporated with

24. If any person shall be charged before any justice with any offence against the one hundred and seventy-eighth section of the principal Statute, and such justice shall find that the offence amounts to a felony within the meaning of the last preceding section of this Act or to an attempt to commit such felony, the justice shall abstain from any adjudication, and shall commit the person so charged for trial for the indictable offence.

PART IV.-PUNISHMENT FOR INDICTABLE OFFENCES.

25. Subject to the provisions of the third section hereof this Part IX. of prin- Part shall be read and construed for all purposes as one with the Ninth Part of the principal Statute, and as though each of the said Parts were incorporated with the other.

cipal Statute.

Whipping where sentence of death

muted.

26. In every case in which the Governor shall exercise the for rape &c. com- powers vested in him by the three hundred and nineteenth section of the principal Statute in respect of any person convicted under the forty-second, forty-fifth, fifty-eighth, or one hundred and tenth sections of the said Statute the Governor may if he shall see fit exercise in addition in respect of such person the powers vested in the court by the two hundred and ninety-sixth section, and the word "sentence in the said section shall for this purpose mean the direction given by the Governor in that behalf; and the said three hundred and nineteenth section and every provision thereof shall apply to and in respect of such direction in like manner as to the other matters which the Governor is thereby empowered to direct.

Commutation of

sentence may be

27. In the said three hundred and nineteenth section of the carried out by principal Statute, instead of the words following (that is to say)"The judge before whom such offender was convicted," there shall be read the words "any judge of the Supreme Court."

any judge.

Whipping for

adults in cases of attempts to commit rape &c.

This Part incorporated with

28. Where any person is convicted of a crime under any of the sections of the principal Statute numbered forty-three and forty-four and from forty-six to forty-nine both inclusive, or of a crime punishable with imprisonment under the section numbered fifty-eight or of a crime under the section numbered fifty-nine of the said Statute, the provisions of the two hundred and ninety-sixth section of the said Statute shall apply to and with respect to every such person in like manner as to and with respect to persons convicted as therein mentioned.

PART V.-PLEADING, PRACTICE, ETC.

29. Subject to the provisions of the third section hereof this Part X. of prin- Part shall be read and construed for all purposes as one with the Tenth Part of the principal Statute and as though each of the said Parts were incorporated with the other.

cipal Statute.

Information &c. for subsequent offences.

30. In any information for any indictable offence punishable under the principal Statute or this Act and committed after a

previous conviction or convictions for any felony misdemeanor or 35 VICTORIA, offence or offences punishable upon summary conviction, it shall be No. 399. sufficient after charging the subsequent offence to state that the 24 & 25 Vict. offender was at a certain time and place or at certain times and c. 96 s. 116. places convicted of felony or of an indictable misdemeanor or of an offence or offences punishable on summary conviction (as the case may be) without otherwise describing the previous offence or offences.

victions provable

31. In any information for any indictable offence not punish- Previous conable with death it shall be lawful, in order to enable the court the in cases not probetter to exercise its discretion with respect to punishment, to add vided for. and upon the trial to prove a statement that the offender had previously to committing such offence been convicted of an indictable offence, although either or both of such offences shall be not such as that by reason of any provision of the principal Statute the degree character or punishment of the subsequent offence is affected; and such previous conviction shall be averred, and such averment proceeded upon and proved in like order and manner as in the case of any previous conviction with respect to which provision is made by the said Statute: Provided that in such averment where the case is not within such provision as lastly aforesaid the substance and effect (omitting the formal part) of the information and conviction for the previous offence shall be stated.

cases of trial for indictable of

c. 18 s. 2.

32. If any prisoner or prisoners defendant or defendants shall summing up in be defended by counsel but not otherwise it shall be the duty of the presiding judge at the close of the case for the prosecution to ask fences. the counsel for each prisoner or defendant so defended by counsel 28 & 29 Vict. whether he or they intend to adduce evidence, and in the event of none of them thereupon announcing his intention to adduce evidence the counsel for the prosecution shall be allowed to address the jury a second time in support of his case for the purpose of summing up the evidence against such prisoner or prisoners or defendant or defendants; and upon every trial for an indictable offence whether the prisoners or defendants or any of them shall be defended by counsel or not each and every such prisoner or defendant or his or their counsel respectively shall be allowed if he or they shall think fit to open his or their case or cases respectively, and after the conclusion of such opening or of all such openings if more than one such prisoner or prisoners or defendant or defendants or their counsel shall be entitled to examine such witnesses as he or they may think fit and when all the evidence is concluded to sum up the evidence respectively, and the right of reply and practice and course of proceedings save as hereby altered shall be as at present: And ь. §. 1. the provisions of this section shall apply to every trial for an indictable offence which shall be commenced on or after the first day of November One thousand eight hundred and seventy-one.

PART VI.-PUNISHMENT BY JUSTICES IN CERTAIN CASES.

33. Where any person of the age of sixteen years or upwards whipping for inis convicted of an offence against the thirty-sixth section of "The decent exposure. Police Offences Statute 1865" in wilfully and obscenely exposing his person the provisions of the two hundred and ninety-sixth section

No. 399.

35 VICTORIA, of the principal Statute shall apply to and with respect to such person in like manner as to and with respect to persons convicted as therein mentioned; and for such purpose in the said last-mentioned section for the word "court" there shall be read the word "justices," and for the expression "passing of the sentence" there shall be read the word "adjudication."«)

*

* [NOTE.—The repeal of section 2 of the "Statute of Trusts 1864" is an obvious error, it should have been section 3, the provisions of which are re-enacted in section 7 of this Statute.]

No. 3.

An Act to prevent the Influx of Criminals into 18 VICTORIA, Victoria. [16th November 1854.]

E it enacted by His Excellency the Lieutenant-Governor of consent of Legislative

Council thereof as follows:

sons may

1. It shall be lawful for any justice of the peace or any constable suspected perat any time after the passing of this Act, having reasonable cause to arrested, be suspect that any person has at any time been found guilty of any capital or transportable felony by a court of competent jurisdiction in the United Kingdom of Great Britain and Ireland or any British possession other than Victoria and has at any time after the passing of this Act come into Victoria, forthwith and without any warrant for such purpose to cause such suspected person to be apprehended and taken before any two justices of the peace to be dealt with as hereinafter mentioned, such person not having been lawfully resident in Victoria at the time of or previous to the passing of this Act.(@) Provided that it shall be lawful for any justice of the peace to take bail for the appearance of such suspected person before such justices in such sum and with or without such sureties as such justice may deem expedient. Provided also that nothing in this Act contained shall apply or be deemed to apply to any person whose sentence or sentences (if more than one) shall have expired for a greater period than three years previous to his arrival in Victoria.

suspected persons

2. It shall be lawful for any two justices of the peace before Punishment on whom any such suspected person shall have been brought, on proof being convicted. that such person has come into Victoria contrary to the provisions of this Act, to convict him thereof; and at their discretion either to take bail that such person shall leave the colony within seven days after his conviction, or to cause such person to be conveyed in custody to the country or possession from whence he came, or to sentence such person if a male to be kept to hard labor with or without irons on the roads or other public works of the colony for any period not exceeding three years, or if a female to be imprisoned with or without hard labor in any gaol for any period not exceeding one year.

3. All property found upon or in the possession of any such Forfeiture of suspected person as aforesaid shall upon his apprehension be seized property. and detained; and in the event of his being convicted and sentenced as aforesaid shall at the discretion of the convicting justices be forfeited and sold.

ishment for convicted persons remaining after expiration of

4. Any person sentenced as aforesaid to hard labor or imprison- Additional punment who shall remain in Victoria for three months after the termination of such sentence shall be liable to be again similarly apprehended and sentenced; and so on from time to time as often sentence. as he shall so remain.

(a) This Act applies equally to absolutely as to conditionally pardoned criminals; and the Crown, in assenting to the Act, expressed an

intention that the Royal prerogative should be exercised subject to it.-Ryall v. Kenealy, 6 W. W, & a'B. (L.), 193.