c. 38. 54 & 55 VICT. secreting any machinery, implements, or utensils applicable to the commission of any such offence, to be searched, and if upon such search any of the said several matters and things are found, the same may be seized Stamp Duties Management and carried away, and shall afterwards be delivered over to the ComAct, 1891. missioners. for detection of stamps stolen or obtained 17. (1.) Any justice having jurisdiction in the place where any stamps Proceedings are known or supposed to be concealed or deposited, may, upon reasonable suspicion that the same have been stolen or fraudulently obtained, issue his warrant for the seizure thereof, and for apprehending and bringing before himself or any other justice within the same jurisdiction the person fraudulently. in whose possession or custody the stamps may be found, to be dealt with according to law. Licensed person in (2.) If the person does not satisfactorily account for the possession of the stamps, or it does not appear that the same were purchased by him at the chief office or at one of the head offices, or from some person duly appointed to sell and distribute stamps, or duly licensed to deal in stamps, the stamps shall be forfeited, and shall be delivered over to the Commissioners. (3.) Provided that if at any time within six months after the delivery any person makes out to the satisfaction of the Commissioners that any stamps so forfeited were stolen or otherwise fraudulently obtained from him, and that the same were purchased by him at the chief office or one of the head offices, or from some person duly appointed to sell and distribute stamps, or duly licensed to deal in stamps, such stamps may be delivered up to him. 18. (1.) If any forged stamps are found in the possession of any person possession of appointed to sell and distribute stamps, or being or having been licensed forged stamps to deal in stamps, that person shall be deemed and taken, unless the to be precontrary is satisfactorily proved, to have had the same in his possession sumed guilty knowing them to be forged, and with intent to sell, use, or utter them, until contrary and shall be liable to the punishment imposed by law upon a person selling, using, uttering, or having in possession forged stamps knowing the same to be forged. is shown. (2.) If the Commissioners have cause to suspect any such person of having in his possession any forged stamps, they may by warrant under their hands authorise any person to enter between the hours of nine in the morning and seven in the evening into any house, room, shop, or building of or belonging to the suspected person, and if on demand of admittance, and notice of the warrant, the door of the house, room, shop, or building, or any inner door thereof, is not opened, the authorised person may break open the same and search for and seize any stamps that may be found therein or in the custody or possession of the suspected person. (3.) All officers of the peace are hereby required, upon request by any person so authorised, to aid and assist in the execution of the warrant. (4.) Any person who- (a.) Refuses to permit any such search or seizure to be made as aforesaid: or (b.) Assaults, opposes, molests, or obstructs any person so authorised in the due execution of the powers conferred by this section, or any person acting in his aid or assistance, and any officer of the peace who upon any such request as aforesaid, refuses or neglects to aid and assist any person so authorised in the due execution of his powers, shall incur a fine of fifty pounds. c. 38. 19. Where stamps are seized under a warrant, the person authorised by 54 & 55 VICT. the warrant shall, if required, give to the person in whose custody or possession the stamps are found an acknowledgment of the number, particulars, and amount of the stamps, and permit the stamps to be marked before the removal thereof. Stamp Duties Mode of proceeding when 20. Every person who by any writing in any manner defaces any adhesive stamp before it is used shall incur a fine of five pounds: Provided that any person may with the express sanction of the Commis- stamps are sioners, and in conformity with the conditions which they may prescribe, seized. write upon or otherwise appropriate an adhesive stamp before it is used As to defacefor the purpose of identification thereof. 21. Any person who practises or is concerned in any fraudulent act, contrivance, or device, not specially provided for by law, with intent to defraud Her Majesty of any duty, shall incur a fine of fifty pounds. 27. In this Act, unless the context otherwise requires,The expression "Commissioners Revenue : means Commissioners of Inland The expression "officer means officer of Inland Revenue : means chief office of Inland Revenue : means the head offices of Inland Revenue The expression "duty' The expression "material" includes every sort of material upon which The expression "instrument includes every written document: The expressions "forge" and forged" include counterfeit and The expression "stamp means as well a stamp impressed by means 66 The expressions "executed" and 'execution," with reference to instruments not under seal, mean signed and signature: The expression "justice" means justice of the peace. ment of adhesive stamps. Penalty for frauds in relation to duties. Definitions. 29. This Act shall come into operation on the first day of January one Commence. thousand eight hundred and ninety-two. ment. 30. This Act may be cited as "The Stamp Duties Management Act, Short title. 1891." VOL. XVII. Amendment of law as to term of penal servitude and PENAL SERVITUDE ACT, 1891. 54 & 55 VICT. CAP. 69. An Act to amend the Law relating to Penal Servitude and the Prevention of Crime.-[5th August, 1891.] 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: 1. (1.) Where under any enactment in force when this section comes into operation a court has power to award a sentence of penal servitude, the sentence may, at the discretion of the court, be for any period not as to sentences less than three years, and not exceeding either five years, or any greater of imprison- period authorised by the enactment. ment- Amendment of law as to apprehension of licensees and supervisees 34 & 35 Vict. c. 112 27 & 28 Vict. c. 47. Power to grant licences in cases of unexpired (2.) Where under any Act now in force or under any future Act a court is empowered or required to award a sentence of penal servitude, the court may in its discretion, unless such future Act otherwise provides, award imprisonment for any term not exceeding two years, with or without hard labour. (3.) Section two of the Penal Servitude Act, 1864, is hereby repealed with respect to any sentence awarded after the date at which this section comes into operation. 2. (1.) Any constable may take into custody without warrant any holder of a licence under the Penal Servitude Acts, or any person under the supervision of the police in pursuance of the Prevention of Crimes Act, 1871, whom he reasonably suspects of having committed any offence, and may take him before a court of summary jurisdiction to be dealt with according to law. (2.) Any convict may be convicted before a court of summary jurisdiction of an offence against section three of the Prevention of Crimes Act, 1871, although he was brought before the court on some other charge or not in manner provided by that section. (3.) Section six of the Penal Servitude Act, 1864, is hereby repealed. 3. (1.) Where an offender is, under section nine of the Penal Servitude Act, 1864, undergoing, or liable to undergo, a term of penal servitude in consequence of the forfeiture or revocation of a licence granted in pursuance of the Penal Servitude Acts, Her Majesty may grant a licence to 27 & 28 Vict. the offender in like manner as if the forfeiture or revocation of the c. 47. former licence were a sentence of penal servitude which the offender is likely to undergo. terms (2.) Where a person is sentenced on any conviction to a term of penal servitude, and by virtue of the same conviction his licence is forfeited, the term for which he is sentenced, together with the term which he is required further to undergo under the said section shall, for all purposes of the Penal Servitude Acts relating to licences, be deemed to be one term of penal servitude, and those Acts shall apply as if, on conviction of the offence, the offender had been sentenced to the combined term. (3.) In section nine of the Penal Servitude Act, 1864, the words "on indictment of any offence" shall be substituted for the words "of any indictable offence," and in Schedule A to the said Act the words "on indictment of some offence" shall be substituted for the words "of some indictable offence." c. 69. 4. (1.) Sections five and eight of the Prevention of Crimes Act, 1871, 54 & 55 VICT. and section two of the Prevention of Crimes Act, 1879 (which recites and refers to those sections), shall have effect as if the following sub- Penal Servi stitutions had been made in the said sections five and eight; that is tude Act, 1891. to say, (a.) As if for the words "and whenever he changes his residence from Amendment dence to be one police district to another shall notify such change of residence of law as to supervisees c. 55. "and whenever he is about to leave a police district he shall 42 & 43 Vict. notify such his intention to the chief officer of police of that district, stating the place to which he is going, and also, if required, and, so far as is practicable, his address at that place, and whenever he arrives in any police district he shall forthwith notify his place of residence to the chief officer of police of such lastmentioned district; and (b.) As if for the words in section five, from "If any holder" to the end of the section, and for the words in section eight, from "If any person" to the end of the section, there had been substituted in each section the following words : If any person to whom this section applies fails to comply with any of the requisitions of this section, he shall, in any such case, be guilty of an offence against this Act, unless he proves to the satisfaction of the court before whom he is tried, either that being on a journey he tarried no longer in the place, in respect of which he is charged with failing to notify his place of residence, than was reasonably necessary, or that otherwise he did his best to act in conformity with the law; and on conviction of such offence it shall be lawful for the court in its discretion either to forfeit his licence, or to sentence him to imprisonment with or without hard labour for a term not exceeding one year." (2.) Her Majesty may, by order under the hand of a Secretary of State, remit any of the requirements of sections five and eight of the Prevention of Crimes Act, 1871, either generally or in the case of any holder of a licence or person subject to the supervision of the police. 5. The provisions of the Penal Servitude Act, 1864, applying to a Amendment licence in the form set forth in Schedule A. to that Act, shall apply also of 27 & 28 to a licence in any other form for the time being authorised by section Vict. c. 47, ten of that Act. ss. 4, 8. 6. A person who has been convicted on indictment of a crime within Extension of the meaning of the Prevention of Crimes Act, 1871, and against whom a 34 & 35 Vict. previous conviction of such crime is proved shall, c. 112, s. 7. (a.) if the second sentence is to a term of imprisonment, then at any time within seven years after the expiration of the sentence; and (b.) if the second sentence is to a term of penal servitude, then whilst at large on licence under that sentence, and also at any time within seven years after the expiration of the sentence, be guilty of an offence against the Prevention of Crimes Act, 1871, under the circumstances stated in section seven of that Act or any of them, and may be taken into custody in manner provided by that section. 54 & 55 VICT. c. 69. Penal Servi tude Act, 1891. 34 & 35 Vict. as to rogues and vagabonds. Regulations as to mea suring and 7. Section four of the Act, passed in the fifth year of the reign of King George the Fourth, chapter eighty-three, intituled "An Act for the punishment of idle and disorderly persons and rogues and vagabonds in that part of Great Britain called England," as amended by section fifteen of the Prevention of Crimes Act, 1871, shall be read and construed as if the provisions applying to suspected persons and reputed thieves frequenting the places and with the intent therein described, applied also to every suspected person or reputed thief loitering about or in any of the said places and with the said intent. 8. The Secretary of State may make regulations as to the measuring and photographing of all prisoners who may for the time being be confined in any prison; and all the provisions of section six of the Prevention of Crimes Act, 1871, with respect to the photographing of prisoners shall apply to any regulations as to measuring made in pursuance of this photographing section. All regulations made under this section shall be laid before of prisoners. both Houses of Parliament as soon as practicable after they are made. Application to 9. The powers of the Secretary of State under this Act shall be exerScotland and Ireland. cised as to Scotland by the Secretary for Scotland, and as to Ireland by the Lord Lieutenant. Application of penal servi tude provisions to Channel Islands and Isle of Man. 10. Any person convicted in the Channel Islands or the Isle of Man of an offence for which he is sentenced to penal servitude may be confined, removed, and otherwise dealt with in the same place and manner as if he had been convicted in the United Kingdom. 11. This Act may be cited as "The Penal Servitude Act, 1891," and this Act and the Penal Servitude Acts, 1853, 1857, and 1864, may be Short title cited collectively as "The Penal Servitude Acts, 1853 to 1891," and are 16 & 17 Vict. c. 99-20 & 21 Vict. c. 3 27 & 28 Vict. c. 47. in this Act referred to as "The Penal Servitude Acts." Statistics as to weight and sale of cattle. MARKETS AND FAIRS (WEIGHING OF CATTLE) ACT, 1891. 54 & 55 VICT. CAP. 70. An Act to amend the Markets and Fairs (Weighing of Cattle) Act, 1887. -[5th August, 1891.] 3. (1.) The market authority of every market and fair held in any of the places mentioned in the schedule to this Act shall send to the Board of Agriculture returns, at such intervals, and in such form and with such particulars as the Board of Agriculture by order prescribe, showing, so far as the market authority can ascertain the same, the number of cattle entering and the number and weight of cattle weighed at the market or fair, and the price of the cattle sold thereat. Such market authority may, for the purpose of making a prescribed return, cause any cattle which have been sold at the market to be weighed without fee. (2.) The Board of Agriculture shall publish the returns so sent, or abstracts thereof, or extracts therefrom, in such manner as they think most expedient for the information of the public. (3.) If a market authority wilfully makes default in complying with the requirements of this section, it shall for each offence be liable on summary conviction to a fine not exceeding twenty pounds, or in case of a continuing offence to a fine not exceeding ten pounds for every day during which the offence continues. |