ORDINANCE No. 7 of 1865.
Larceny, &c.
conviction for the previous felony or misdemeanor, or a copy of any such summary conviction, purporting to be signed by the clerk of the Court or other officer having the custody of the records of the Court where the offender was first convicted, or by the deputy of such clerk or officer, shall, upon proof of the identity of the person of the offender, be sufficient evidence of such conviction, without proof of the signature or official character of the person appearing to have signed the same; and the proceedings upon any information for committing any offence after a previous conviction or convictions shall be as follows; (that is to say,) the offender shall, in the first instance, be arraigned upon so much only of the information as charges the subsequent offence, and if he plead not guilty, or if the Court order a plea of not guilty to be entered on his behalf, the jury shall be charged, in the first instance, to inquire concerning such subsequent offence only; and if they find him guilty, or if on arraignment he plead guilty, he shall then, and not before, be asked whether he had been previously convicted as alleged in the information, and if he answer that he had been so previously convicted the Court may proceed to sentence him accordingly, but if he deny that he had been so previously convicted, or stand mute of malice, or will not answer directly to such question, the jury shall then be charged to inquire concerning such previous conviction or convictions, and in such case it shall not be necessary to swear the jury again, but the oath already taken by them shall for all purposes be deemed to extend to such last-mentioned inquiry : Provided, that if upon the trial of any person for any such subsequent offence such person shall give evidence of his good character, it shall be lawful for the Attorney General, in answer thereto, to give evidence of the conviction of such person for the previous offence or offences before such verdict of guilty shall be returned, and the jury shall inquire concerning such previous conviction or convictions at the same time that they inquire concerning such subsequent offence.
95. Whenever imprisonment, with or without hard labour, may be awarded for any indictable offence under this Ordinance, the Court may sentence the offender to be imprisoned, or to be imprisoned and kept to hard labour, and in either case the sentence shall be carried out in accordance with the provisions of Ordinance No. 4 of 1863, section 15. ["No. 18 of 1885" as amended by that Ordinance.]
96. Whenever solitary confinement may be awarded for any indictable offence under this Ordinance, the Court may direct the offender to be imprisoned and kept to hard labour, and may also direct the offender to be kept in solitary confinement.
Hard labour. [See ibid.]
Solitary confinement and whipping. [See ibid.]
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ORDINANCE No. 7 or 1865.
Larceny, &c.
conviction for the previous felony or misdemeanor, or a copy of any such summary conviction, purporting to be signed by the clerk of the Court or other officer having the custody of the records of the Court where the offender was first convicted, or by the deputy of such clerk or officer, shall, upon proof of the identity of the person of the offender, be sufficient evidence of such conviction, without proof of the signature or official character of the person appearing to have signed the same; and the proceedings upon any information for committing any offence after a previous conviction or convictions shall be as follows; (that is to say,) the offender shall, in the first instance, be arraigned upon so much only of the information as charges the subsequent offence, and if he plead not guilty, or if the Court order a plea of not guilty to be entered on his behalf, the jury shall be charged, in the first instance, to inquire. concerning such subsequent offence only; and if they find him guilty, or if on arraignment he plead guilty, he shall then, and not before, be asked whether he had been previously convicted as alleged in the information, and if he answer that he had been so previously convicted the Court may proceed to sentence him accordingly, but if he deny that he had been so previously convicted, or stand mute of malice, or will not answer directly. to such question, the jury shall then be charged to inquire concerning such previous conviction or convictions, and in such case it shall not be necessary to swear the jury again, but the oath already taken by them shall for all purposes be deemed to extend to such last-mentioned inquiry : Provided, that if upon the trial of any person for any such subsequent offence such person shall give evidence of his good character, it shall be lawful for the Attorney General, in answer thereto, to give evidence of the conviction of such person for the previous offence or offences before such verdict of guilty shall be returned, and the jury shall inquire concerning such previous conviction or convictions at the same time that they inquire concerning such subsequent offence.
95. Whenever imprisonment, with or without bard labour, may be awarded for any indictable offence under this Ordinance, the Court may sentence the offender to be imprisoned, or to be imprisoned and kept to hard labour, and in either case the sentence shall be carried out in accordance with the provisions of Ordinance No. 4 of 1863, section 15. ["No. 18 of 1885" as amended by that Ordinance.]
96. Whenever solitary confinement may be indictable offence under this Ordinance, the Court may
awarded for any
direct the offender direct the offender
885
Hard labour. [Se ibid.]
Solitary confinement
and whipping.
[See ibid.]
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