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soon as conveniently may be, before a Justice of the Peace, to be Act, and dealt with according to Law.

convey them before a Justice.

hend Persons

Offences in

XI. And whereas Doubts have been entertained as to the Autho- Any Person rity to apprehend Persons found committing indictable Offences in may appre5 the Night: For Remedy thereof be it enacted, That it shall be lawful committing for any Person whatsoever to apprehend any Person who shall be indictable found committing any indictable Offence in the Night, and to the Night, convey him or deliver him to some Constable or other Peace Officer, and convey in order to his being conveyed, as soon as conveniently may be, before 10 a Justice of the Peace, to be dealt with according to Law.

them before

a Justice.

XII. If any Person liable to be apprehended under the Provi- Any Person assaulting sions of this Act shall assault or offer any Violence to any Person a Person by Law authorized to apprehend or detain him, or to any Person entitled to apprehend acting in his Aid and Assistance, every such Offender shall be guilty to be 15 of a Misdemeanor, and being convicted thereof shall be liable to be guilty of a imprisoned with or without Hard Labour for any Term not exceeding Three Years.

Misdemea

nor.

The Night,

against this Act, to be

XIII. The Time at which the Night shall commence and conclude in Offences in any Offence against the Provisions of this Act shall be the same 20 as in Cases of Burglary.

25

such

XIV. In all Prosecutions for any Offence against the Provisions of this Act, it shall be lawful for the Court before which any Offence shall be prosecuted or tried to allow the Expenses of the Prosecution in all respects as in Cases of Felony.

the same
Time as in
Burglary.
CLAUSE A.

Costs of Pro-
secutions.

5 G. 4, c. 83,

XV. Nothing in this Act contained shall be deemed to repeal Not to repeal wholly or in part the Fifth of George the Fourth, Chapter Eightythree, intituled "An Act for the Punishment of idle and disorderly "Persons, and Rogues and Vagabonds, in that Part of Great "Britain called England," but no Person shall be liable to be punished 30 for the same Offence both under the said last-mentioned Act and under this Act.

XVI. Nothing in this Act shall extend to Scotland.

Not to extend to Scot

land.

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ARRANGEMENT OF CLAUSES.

Preamble recites Acts 2 & 3 Vict. c. 42. and 7 & 8 Vict. c. 34.

Recited Acts to continue in force until altered; Sect. 1.

Repeal of Appointment of Lord Justice General and Lord Justice Clerk to be Members of General Board; 2.

Money may be borrowed on the Credit of the Assessments, and Securities to be recorded and to be transferable by Endorsement; 3. Saving existing Securities; 4.

Additional Assessments how to be imposed, collected, and remitted;

5.

Lands contiguous to Prisons may be acquired; and Act 8 Vict. c. 19. incorporated; 6.

Sentences of Imprisonment may be accompanied with hard Labour, and Rules in respect thereof to be made, and to be approved of by One of Her Majesty's Principal Secretaries of State; 7.

County Prison Boards may cause Sentences of Imprisonment (subject to Rules of General Board and Secretary of State) to be accompanied with hard Labour; 8.

SCHEDULE.

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Amend certain Acts for the Improvement of Prisons and Prison Discipline in Scotland.

[Note. The Words printed in Italics are proposed to be inserted.

W

in Committee.]

HEREAS an Act was passed in the Second and Third Preamble.
Years of the Reign of Her present Majesty, intituled

"An Act to improve Prisons and Prison Discipline in 2 & 3 Vict. "Scotland;" and another Act was passed in the Seventh and Eighth c.42. 5 Years of the Reign of Her present Majesty, intituled " An Act to 7 & 8 Vict. "amend and continue until the First Day of September One thou- c.34. "sand eight hundred and sixty-one, and to the End of the then "next Session of Parliament, the Law with respect to Prisons and "Prison Discipline in Scotland:" And whereas it was by the said 10 Second Act enacted, that the said First Act as amended by the said Second Act should continue in force until the First Day of January One thousand eight hundred and sixty-one, and from thence to the End of the then next Session of Parliament: And whereas it is expedient that the Duration of the said Two Acts should be rendered 15 perpetual, and that the said Acts should be altered and amended: 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 Autho rity of the same,

125.

A

I. That

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