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Punishments.
14 & 15 Vict. c. 92.
24 & 25 Vict. c. 96.
24 & 25 Vict. c 97.
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37.—(1) Every person who commits the offence of simple larceny after having been previously convicted of felony shall be liable to penal servitude for any term not exceeding ten years.
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(2) Every person who commits the offence of simple larceny, or any offence made punishable like simple larceny, after having been previously convicted—
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(a) of any indictable misdemeanour punishable under this Act; or
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(b) twice summarily of any offence punishable under section six of the Summary Jurisdiction (Ireland) Act, 1851, or under the Larceny Act, 1861, or under the Malicious Damage Act, 1861, or under this Act (whether each of the convictions has been in respect of an offence of the same description or not, and whether such convictions, or either of them, have been before or after the passing of this Act);
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shall be liable to penal servitude for any term not exceeding seven years.
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(3) In every case in this section before mentioned the offender, if a male under the age of sixteen years, shall be liable to be once privately whipped in addition to any other punishment to which he may by law be liable.
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(4) Where a sentence of penal servitude may be imposed on conviction of an offence against this Act, the court may instead thereof impose a sentence of imprisonment, with or without hard labour, for not more than two years.
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(5)—(a) On conviction of a misdemeanour punishable under this Act the court, instead of or in addition to any other punishment which may be lawfully imposed, may fine the offender.
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(b) On conviction of a felony punishable under this Act the court, in addition to imposing a sentence of penal servitude or imprisonment, may require the offender to enter into his own recognizances, with or without sureties, for keeping the peace and being of good behaviour.
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(c) On conviction of a misdemeanour punishable under this Act the court, instead of or in addition to any other punishment which may lawfully be imposed for the offence, may require the offender to enter into his own recognizances, with or without sureties, for keeping the peace and being of good behaviour.
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(d) Provided that a person shall not be imprisoned for more than one year for not finding sureties.
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(6) Where a sentence of whipping may be imposed under this Act—
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(a) in the case of an offender whose age does not exceed sixteen years, the number of strokes at such whipping shall not exceed twenty-five and the instrument used shall be a birch-rod;
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(b) in the case of any other offender, the number of strokes at such whipping shall not exceed fifty;
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(c) in each case the court in its sentence shall specify the number of strokes to be inflicted and the instrument to be used;
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(d) such whipping shall not take place after the expiration of six months from the passing of the sentence;
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(e) such whipping to be inflicted on any person sentenced to penal servitude shall be inflicted on him before he is removed to a convict prison with a view to his undergoing his sentence of penal servitude.
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