Criminal Law Act 1876 (SA)

ANNO TRICESINO N O N 0 FT QUAr)RAGESI&IO

VICTORIA3 REGINE.

An Act fbr consolidrrting and crmending the Stlttute Lcrw of the

j ' r o a b c e o f Sonth Aush dia relating to Criminal O f i m e s and

other matt&

[Assented to, 27th October, 1876.1 .

HEREAS i t is expedient to consolidate and amend thc Statute Preamble.

to offences against the person, ma.'icions illjuries to property, larceny,	W Law of the Province of South Allstdiit r elntiog respectively
forgery, coining, offences of a public na tu~e, acccssoi-ies anti abettors, criminal procedure, and ccrtain other enactmcnts-Be it there- fore Enacted by the Governor of the Province of South Australia, with the advice and consent of thc Legislative Council and House
of Asscmbly of the said Province, in this present Parliament
assembled, as follows:

A

c m - -

1 This Act may be cited as '"l'he Criminal Law Cousolidation Shorttitle.

Act, 1876."

2. This Act shall bc divided into nine parts, narnely- Divison OE A*

PART I.-Reprrzl:

e PART 11.-Offences against the Person:

PART 111.-3lalicions Injuries to Property:

PART IV.-Larceny and similar Offences:

Y A v. ~ -Forgery:

PART vr,-Offences relating to the Coin:

39" & 40" VICTORIB, No. 38.

The Criminal Law Consolidation Act -1876.

PART v11.-Offences of a Public Nature:

PART	vm.--Accessories and Abettors:
PART	IX.-Miscellaneous, Procedure, &c.

PART I.	PART I
REPEAL.

Repeal of A C ~ S and 3. The several *Acts nnd parts of Acts in the Schedule hereto

parts Acts men- annexed inarlied A are hereby repealed.

tioned in Schedule A.

Repeal not to affect 4. Every offence which sl?:dl hwe been ivh)lly or partly com-

offences, &C., corn-

Illittod bof .re the	mitted ag&nst any of the said Arts or parts of Acts before
commencement of	this Act conies into operation shall be dealt with, inq~~i red of,
thia Act.	tried, detcrminc.cl, and punished, and every pc r~al ty ill rcspect of any such offence shall be recovered in the same Linnner as if tile said Act ant1 parts of h ~ t s had not been repealed, and every act duly done and crery warrant or other instrument d d y madc or granted before this Act comes into operation shall continue and be of thc same force and effcct as if tlie said Acts and parts of Acts hail not been repealed, and every right, liability, privilege, and protection, in respect of any matter or thing colnmitted or done before this Act comes into opcrntion, shall continue and be of the samc force and effect as if the said Acts ancl parts of -.lets had r:ot hccn icpraled,
and every action, plsnscrtution, 0;. other proceeding which shall have
been coniiilencccl bcfbre this Act comes into operation, or shall there- after be commeoccd in respccc of ally such matter or thing, may be prosecuted, continued, and defended in tile same manner as if thc said Acts and ])arts of Acts had not been repealed, allcl nothing hercin col~tained s h l l be deemed to repeal a n y Act or law lzot hcrcby expressly rrpenlo.!, and the provisions helkin eontaiucd shall be dcemrd to be cnmnl~tive to any srlch Act or law, except so far as
inconsistant therewith, In which case the provisio~~s of this Act shall
bc substituted for suck Act or law inconsistant with this Act.

OFFENCES AGAIS ST TI3 l3 PERSON.

Homicide:

5. TVhosoever sEdl br: concicted of murder shd l suffer death as

Murder.

24 and 26 Tic., c. 100, a "lon

6. Upon every conviction for rnurdcr the Court shell pronouncc

gentence for m ~ d e r. ~entcnee of dcath, but it shall not be lrcccssnry to express the

time for the ~secution thel.eof. If no time for thc evecrltioll be expressed in the scntcnci., i t shall take idace on the trvent)icighth day after t lx day on which the sentence was pronounced.

39% 40° VICTORIB, No, 38. 3

The Criminal Law ond did at ion Act.-1876.

7. Sentence of death passed on any person by the Supreme Court

of the said Province, or bv any Judge thereof, shall be carried into Execution to be

execution by the sheriff,. within tfte walls or within the enclosed

PART

f t~;$~~ a

yard of the Prison, at Adelaide, or of such other prison as the prison. *

overn nor shall by \&ting under his hand direct.

within the precincts of the prison in which the execution shall have a pmon. 8. Thc body of every person executed as aforesaid shall be buried Bodp to be buried in

taken pla,ce.

9. The Sheriff, and such of the officers of the prison as the Sheriff, officersof the witne8a

the occasion, shall bc prescnt at every such execution, together with	Sheriff may require, including the medical officer in attendance on :ai$.,
any Justices of the Peace, Ministers of Religion, and Officers of Police who may desire to attend, and such guard and adult spectators as the Sheriff may think fit to admit.

10. Each of the persons aforesaid who may attend or be present Medical Officer to sign certificate, and

at any such excoution shall continue and remain within thc walls or ,itnewCB

ligo

enclosed yard of the prison until the sentence shall have been declmtion.

carried into execution and completed according to law, and until the

said Medical Officer shall have signed a certificate in the form set

forth in the Schedule to this Act annexcd, marked B; and the Sheriff,

officers of the prison, and such other persons present shall before their

departure f ~ o m the prison subscribe a declaration according to the

form set forth in the Schedule annexed hereto, marked C.

11. The Coroner or Special Magistrate of the district in which Inqueet to be held on

the prison shall be situate wherein any sentence of death shall have @~~d~'$~~~y

been carried into execution upon the body of any person, or in the

absencc of such Coroner or Special Magistrate, a Justice of the Pcace shall, as soon as convenicntly may be, hold an inquest upon the body of such person, and the Jury empmnelled on such inquest shall in- quire and find whether such sentence was duly carried into execution.

12. Any person who shall subscribe any certificate or declaration Punishrnont for far declan-

as aforesaid, knowing the same to be false, or to contain any false statement, or who shall bury or remove from snch prison any such body until after such inquest shall have been duly held, shall be deemed guilty of felony, and, being convicted thereof, shall be liable to be imprisoned for any term not exceeding four years, with hard labor.

13. Every such certificate and declaration as aforesaid shdl be Certificate &C., to be

forthwith transmitted by the Sheriff to the Master of the said shed in Qartpntfient recorded and publi-

Supreme Court, and shall be entered and kept as n record of the Q a m.

said Court, and shall be published in the Governmefit Guxetk on

three separate occasions.

14 The Governor may, by writing under his hand, ordcr that Aboriginal nativea

any sentence of death which shall have been lawfully passed where the crime wa3 may be exeouted

on any aboriginal native of the said Province, may be publicly committed.

carried into execution at the place at which the crime in

respect of which such sentence shall have been passed was com-

mitted

P 39" & 40" VICTOBI-43, No. 38.

The Crimi9tal Law Consolidation Act.--1876.

PART 11. mitted, or as near to such place as may be convenient, and may order that after such sentence shall havc been executed the body of any such aboriginal native shall be buried at the place of execution, or at such other place as the Governor may deem expedient, and the provi- sions of this Act contained in the seven last preceding clauses regu- lating the execution of criminals shall not be applicable to the public execution of any aboriginal native.

Conspiring or solicit- 15. All persons who shall conspire, confederate, and agree to '

io~tocommitmurder. murder any person, whether he be a subject of Her Majesty or not,

a r ~ d whether he be within the Queen's dominions or not, and whoso-

ever shall solicit, encourage, persuade, or endeavor to persuade, or shall propose to any person to murder any other person, whether he

24 & 25 Vio., c. 100. be a subject of Her Majesty or not, and whether he be within thc

~ e c. 4.

Queen's dominions or not, shall be guilty 9f fclony, and, being convicted thereof, shall be liable to be imprisoned for life, or for any term not more than ten years nor less than three years, with hard labor.

Ifanslaughter. 16. TVhosoever shall be convicted of manslaughter shall be liable to be imprisoned for life, or for any less term, with or without hard

l''? labor, or shall pay such fine as the Court shall award, in addition

24 S. 6. a

to, or without any, such other discretionary punishment as aforesaid.

Information for 17. In any information for murder or mansl~ughter, or for being

Or man-

slaughter.	an accessory to any murder or manslaughter, i t shall not be necessary to set forth the manner in which, or the means by which the death of the deceased was caused, but i t shall be sufficient in every informa- tion for murder to charge that the defendant did feloniously, wilt'ully,
Same, a. R.	and of his malice aforethmght kill and murder the deceased, and it shall be sufficient in ally information for manslaughter to charge that the defendant did feloniously kill and slay the deceased, and it shall be sufficient in m y information against any accessory to any murder or manslaughter to charge the principal with the murder ar
xnanslaughter (as the case nxy be) in the manner hereinbefore specified, and then to charge the defendant as an accessory in the
manner heretofore used and accustomed.

Excuaahlo homicide, 18. NO punishment or forfeiture shall be incurred by any person

Same, S. 7.

who shall kill another by misfortune or in his own defence, or in any

other manner without felony.

Petit treaeon.

19, Every offcncc which before the cominencement of the Imperiai Act of the ninth year of King Gcorgo the Fourth, chapter thirty-

Same, S. S.

one, would have amounted to petit treason, shall be deemed to be murder only, a ~ d no greater offence; and all persons guilty in respect thereof, whether as principals or as accessories, shall be dealt with, tried and pirnished, as principals and accessories in murder.

Provision for the trial

and punishment of

20. Where any person being feloniously stricken, poisoned, or othervvise hurt at any place within the said Province shall die of such stroke, poisoning, or hurt, upon the sea, or at any place out of

murder when the

the

39" & 40" VICTORIB, No. 38.

The Crimina E Law Consolidation Act.-1 8 76.

PART 11-

the limits of the said Province, every offence committed in respect of

any such case, whether the same shall amount to the offence of causeofdeathonly

murder or of manslaughter, or of being accessory to murder or up^^^^^^ South

manslmghter, mav be dealt with, tried and punished, in the said been wholly committed within the said Province.

Attempts to Murder:

21. Whosoever shall administer to, or cause to be administered " d m s a t e h g poison or wounding with

to, or to be taken by, any person, any poison, or other destructive intent to murder.

thing, or shall by any means whatsoever wound, or cause any

grevious bodily harm to any person with intent in any of the cases i.4,b;.26	V i c p ~ c.	'O0!
aforesaid to commit murder, shall be guilty of felony, and, Being convicted thereof, shall be liable to be imprisoned for life, or for any term not less than three years, with hard labor, and may be whipped.

22. Whosoever by the explosion of gunpowder, or other explosive Destroying or damag-

substance, shall destroy or danlage any building with intent to gunporderwlth ing a building with

commit murder shall be guilcy of felony, and, being convicted intenttomuder.

thereof, shall be liable to be imprisoned for life, or for any term not Same a. 12-

less than three years, with hard labor, and may be whipped.

23. Whosoever shall set fire to any ship or vessel, or any part setting fire to or

thereof, or any part of the tackle, apparel, or furniture thereof, or ~ ~ ~ ~ t ~ , ~ ~ ~ U ~ ~ {

any goods or cb.attels being therein, or shall cast; away or destroy

any ship or vessel with intent in any of such cases to commit Fame S. 13.

m;rder,*shall be guilty of felony, and, 6eicg convicted thereof, shall

be liable to be imprisoned for life, or any term not less thar. three

years, with hard labor, anJ may be whipped.

to cause to be administered to, or to be taken by any person, any ing or attempting to 24. Whosoever shall attempt to administer to, or shall attempt ~~~~~$"'n~r~~$:

poison or other destructive thing, or shall shoot at any person, or ~ ~ O ~ o & a ~ ~ ~ $ $ f

shall, by drawing a trigger, or in any other manner, attempt to dis- intent t o murder.

charge any kind of loaded arms at any person, or shall attempt to 24 & 25 KC., c. 100,

drown, suffocate, or strangle any person, with intent in any of the ,, ,,,

cases aforesaid, to commit murder, shall, whether any bodily

injury be effected or nct, be guilty of felony, and, being ionvicteh

thereof, shall bc liable to be imprisoned for life, or any term not

less than three years, with hard labor, and may be whipped.

other mefins

25. Whosoever shall, by any means other than those specified in BY attempting to commit

any of the preceding sections of this Act, attempt to commit murder ,,,,d,,.

shall be guilty of felony, and, being convicted thereof, shall be liahle same a. 16.

to be imprisoned for life, or for any term not less than three years,

with hard labor, and may be whipped.

Letters threatening to Murder:

26. Whosoever shall maliciously send, deliver, or utter, or Sendingletterathreat-

directly or indirectly cause to be received, knowing the contents enin"o murder-

thereof, same '* l6

39" & 40" VICTORIB, No. 38.

The CriminaE Law ConsoEidatio~c Act.-1876.

PART thereof, any letter or writing threatening to kill or murder any person, shall be guilty of felony, and, being convicted thereof, shall be liable to be imprisoned for any term not exceeding ten years, and not less than three years, with hard labor.

Acts causing, or tending to cause, Danger to Life or Bodily

Harm:

xmpeaine endeavoring to save 27, Whosoever shall unlawfinlly and maliciously prevent or im- p s o n

him.elr from ship- pede any person, being on board of or having quitted any ship or wreck. vessel which shall be in distress or wrecked, stranded or cast on

shore, in his endeavour to save his life, or shall unlawfully and

Same S. 17. maliciously prevent or impede any person in his endeavour to save the life of any such person, as in this section first aforesaid, shall be guilty of felony, and, being convicted thereof, shall be liable to be imprisoned for life, or any term not less than three years, with hard labor.

Bhooting, or attempt- ing to shoot, or 28, Whosoever shall unlawfully and mnliciously, by any means wounding d t h intent whatsoever, wound or cause any grievous bodily harm to any person,

to grieyous bodily or shoot at any person, or by drawing a trigger or in any other

harm.

manner attempt to discharge any kind of loaded arms at any person with intent in any of the cases aforesaid to maim, disfigure, or

Bame a 18. disable any person, or to do some other grievous bodily harm to any

, person, or with intent to resist or prevent the lawful apprcahension or detainer of any person, shall be guilty of felony, and, being con- victed thereof, shall be liable to be imprisoned for life, or any term not less than three years, with hard labor.

*hatsha1lc0n~titute

loaded arms.

29. Any gun, pistol, or other arms which shall be loaded in the

barrel with gunpowder, or any other explosive substance, and ball,

Same s. 19.

shot, slug, ur other destructive material, shall be deemed to be loaded arms within thc meaning of this Act, although the attempt to discharge the same may fail from want of proper priming, or

from any other cause.

jury with or without

Idicting	in-	30' Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without a weapon or instrument, shall be guilty of a rnisdemeanor,
a weapon,
Same B. 20.	and, being convicted thereof, shall be liable to be imprisoned for any term not exceeding three years, with hard labor,

Party accused ma be 31. If upon the trial of any information for any felony, except the person accused did wou~ld any person, the jury shall be satisfied that the person accused is guilty of the wounding charged in such information, but are not satisfied that he is guilty of the felony charged in such information, then, and in every such case, the jury may ~ c q u i t him of such felony and find him g'uilty of unlawfully wounding, and thereupon he shall be liable to be imprisoned for any term not exceeding three years, with hard labor.

acquitted of %be f e h y

and found guilty of	for murder or manslaughter, where the information shall allege that
b e miademeanorof
wounding.

32. Whosoever

39" St 40" VICTORIA$ No. 38. 7

- - - U - --~

The Criminal Law Consolidwtion Act.-1876.

32. Whosoever shall by any means whatsoever attempt to choke, - PART 11.

suffocate, or strangle any other person, or shall by any means Attempti~~g to choke,

calculated to cholie, suffocatc, or strangle, attempt to render any 3~~~~?;fc~$~m-

other person insensible, unconscious, or incapable of resistance, with offence.

intent in any of such cases thereby to enable himself or any other

person to cdmrnit, or with intent in tlry of such cases thereby to same	21.
assist anv other person in committing any indictable offence, shall be guilty ot( hlony, and, bcing convicted thercof, shall be liable to be imprisoned for life, or any term not less than three years, with hard labor, and may be whipped.

33. Whosoever shall uiilawfullg apply or administer to, or cause Tsingchloroform,aic.,

to be taken by, or attcmpt to apply or administer to, or attempt to dictable

to commit any in-

cause to be administered to, or take11 by any pewon any ch lo ro f~m,

laudanurn, or othcr stupcf'ying or overpowering drug, matter, or thing

with intent in :my of such cases thereby to c i d d c himself or any

other person to commit, or with intent in any of such cases thereby same a. 22.

to assist any other pcrson in committing any indictable offence, shall. be guilty of fduny, md, being convicted thereof, shall be liable to be irnprisoncd for life, or any term not less than three years with hard labor, and Inay be whipped.

34, Whosower s l d unlawfully and maliciously administer to or hlaliciously arlministering poiaon,

cause to be administelml to or taken by any other person any poison, bc,, so aa to endaner

or noxious thing, 30 as thereby to endanger the life!orinflictgrievou~ '

or other d~structive bodlly harm.

life of such person, or so as thereby to inflict upon such any

grievous bodily !mm, shall be of felony, and, ileiog convicted 8.k .. 23,

thereof, shall bc liablc to be imprisoned for any term not exceeding

ten years, and not less than three years, with hard labor.

35. Whosoever shall nnlawf~~lly and inaliciously administer to, or Maliciously administering poison,

came to be adrni~istcred to, or taken by any other person, any poison kc., with intent to

or other dcstructive or ncsious thing, with intent to injure, aggrieve, in.iu=, w w i e w or

or annuy such person, shall be guilty of a misdenieanor, and, being pereon. onnoy nny ather

convicted thcreof, shall be liable to be imprisoned for any term not same a. 24.

exceeding three ypars, with hard labor.

36. If, upoil the trial of any person for any fclony in the last but ~f the jury be not

one preceding section mcntioned, the jury shall not be satisfied that ~ ~ ~ ~ ~ ~, . ~ ~ t ~ & $ ~;

such person is guilty thereof, but shall be erttisfied that he is of felony, but guilty of a misdemeanor,

guilty of any misdemeanor in the last preceding section mentioned, they find

then, and in every such case, the jury may acquit the accused of guilty nccordiudy.

such felony, and find him guilty of such rnisdemeanor, and there-

upon he shall be liable to be pulished in the same rnanuer as if Samo a. 26,

convicted upon an infbrmation for such misdemeanor.

37. Whosoever being legally liable, either as a husband, parent, Not providing food,

guardian, committee, master, mistress, nurse, 01 otherwise, to provide dren, kr,, &C., for wives, chil-

for any person as a wife, child, ward, lunatic, idiot, apprentice, lifeendanwed.

servant, infant, or otherwise, necessary food, clothing, or lodging,

shall wilfdly and without lawful excuse refuse or neglect to provide Same S. 26.

the

8 39" & 40" VICTORIB, So. 38.

The Criininal Law Consolidation A c t. 1 8 7 6.

PABTII- the same, or shall unlawfully and maliciously do, or cause to be done, any bodily harm to any such person as a wife, child, ward, lunatic, idiot, apprentice, servant, infant, or otherwise, so that the lives o f such respective persons shall be endangered, or the health of such person or persons shall have been, or shall be likely to be permanently injured, shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable to be imprisoned for any term not exceeding three years, with hard labor.

Exposing children	38. Whosoever shall unlawfully abandon or expose any child, being under the age of two years, whereby the life of such child shall be endangered, or the health of such child shall ha.ve been or shall
whereby hfe
endangered.
same, 8. 27.	be likely io be injured, shall be guilty of a rnisdemeanor, and, being conricted thereof, shall be liable to be imprisoned for any term not exceeding three years, with hard labor.
39. Whosoever shall unlawfully or maliciousiy, by the explosion of gunpowder or other explosi~e substance burn, maim, disfigure, disable, or do any grievous bodily harm to any person shall be guilty

aauaing boailp injury

by gunpowder.

same, B. 28.

of felony, and, being convicted thereof, shall be liable to be imprisoned

for any term not exceeding three years, with hard labor.

Causing gunpowder to 40. Whosoever shall unlawfully and r n a l i c i o ~ s ~ ~ cause any gun-

Or 8endin~ " powder or other explosive substance to explode, or send or deliver

any person an ex-

plobive substsnce,or to, or cause to be taken or received by, any person any explosive

throwing corrosive

fluid on a pereon with substance or any other dangerous or noxious thing, or put or lay at

in ten t to 110 glievous any place, or cast or throw at or upon, or otherwise: apply to any

bodily harm.	pe;son any corrosive fluid or anv destructive or explosive substmee,
with intent in any of the cases iforesaid to burn, maim, disfigure, or
Same, B. 29.	disable any person, or to do some grievous bodily harm to any person shall,*whether any bodily injury be effected or not, be guilty of felony, ancl being convicted thereof shall be liable to be imprisoned for life, or any term not less than three years, with hard labor.

Placin gunpowder 41. Whosoever shall unlawfully and maliciously place or tlirow

new s % u l ~ m ~, to do in, into, upon, against, or near any building, ship, or vessel any gun-

bodily injurybany	powder or other explosive substance with intent to do any bodily
person.	injury to any person shall, whether or not any explosion take place,
Same 13. 30.	and whether or not any bodily irtjury be effected, be guilty of felony, and being cortvicted thereof shall be liable to be imprisoned for any term not exceeding fourteen years, and not less than three years, with hard labor.

Betting spring-guns, 42. Whosoever shall set or place, or cause to be set or placed

inflict adeTou8 bodily any springgun, man-trap, or other engine calculated to destroy

&C., with intent to

harm.	human life or inflict grievous bodilv harm. with intent that the same
Bame a. 31.	or whereby the samemay destroy * or inilict grievous bodily harm upon a trespasser or other person coming into contact therewith, shall be guilty of a misdemeanor, and being convicted thereof shall

, be

The Criminal L a w ConsoZddation Ad.-1876.

--

be liable to be imprisoned for any term not exceeding two years, with hard labor; and whosoever shall knowingly and wilfully permit any such spring-gun, man-trap, or other engine which may have been set or placed in any place then being in or afterwards coming into his possession or occupation by some other person to continue so set or placed shall be deemed to have set and placed such gun, trap, or engine with such intent as aforesaid: Provided that nothing

in this section contained shall extend to make it illegal to set or

place any gin or trap such as may haw been or may be usually set or placed with the intent of destroying vermin: Provided also, that nothing in this section shall be deemed to make it unlawful to set or place, or caused to be set or placed, or to be continued set or placcd from sunset to sunrise any spring gun, man-trap, or other engine which shall be set or placed in a dwelling-house for the protection thereof.

43. Whosoever shall unlawfully and maliciously throw, or cause to fall, or strike at, against, into, or upon any engine, tender,	Ca~ting
a railway carriage

atone, QC., at

with intent to endangor the

carriage, or truck used upon m y railway, any wood, stone, or other	passongore.
matter or thing with intent to injure or endanger the safety of any
person being in or upon such engine, tender, carriage, or truck, or	Same a. 33.
in or upon anv other engine, tender, carriage or truck of any train of which suchv first mentioned engine, tender, carriage, or truck shall form part, shall be guilty of felony, and being convicted thcrcof stlall be liable to be imprisoned for life, or any less term, with hard labor.
44. Whosoever slxdl unlawfully and maliciously put or throw npon or across any railway any wood, stone, or other matter or	Plaoing wood, &C., on a railway vith intent to
endanger the safety of
thing, or shall unlawftdlv and maliciously take up, remove, or	persons trmelling
displace any rail, sleeper, Gr other matter or thing belonging to any	thcreon.
railway, or shall unlawfully and maliciously turn, move, or divert
any points or other machinery hnlenging to any railway, or shall
u~lswfully and indiciously make or show, hide or remove any signal or light upon or near to any railway, or shall unlawfully and mali-

ciously do or cause to be done any other matter or thing with intent Sams a. 39.

in nnv of the cases aforesaid to endanger the safety of any person travelling or being upon such railway shall bc guilty of felony, and Being convicted thereof shall be liable to be imprisoned for life, or any term not less than three years, with hard labor.

45. Whosoever by any u~lawful act or by m y wilful omission or Doing or omitting anything to endanger

neglect shall endanger or cause to be endangered the safety of any passengers by railway.

person conv~yed cr being in or upon a railway, or shall aid or assist

thcre.in shall be guilty of a misdemeanor, and being convicted

Same s. 34.

thereof shall be liable to bc imprisoned for any term not exceeding

two years, with liarcl labor.

46. Whosoever being the rider of any horse or other animal, or Injuring persone. by

furious driving. rldiug or

having the furious riding, driving, or racing, or other wilful misconduct, or by c h a r g ~ of fly carriagc or v&icle, shall by wanton' or

Same, s. 35.

B wilful

30 39" & 40" VICTORIB, No. 38.

The Criminal Law Consolidation Act.-1876.

--

PART 1-1, wilful neglect, do or cause to be done any bodily harm to any person whatsoever, shall be guilty of a misdemeanor, and being convicted thereof shall be liable to be imprisoned for any term not exceeding two years, with hard labor.

Assaults:

Aesaulb occaionine

harm.

47. Whosoever shall be convicted upon an information before the

Supreme Court of any assault occasioning actual bodily harm shall

game 6. 47.

be liable to be imprisoned for any term not exceeding three years.

with hard labor.

Common assault.

48. Whosoever shall be convicted upon an information before the Supreme Court of any common assault shall be liable to be im- prisoned for any term not exceeding one year, with or without hard labor.

Same e. 47.

assaulting a clergy- 49. Whosoever shall by threats or force obstruct or prevent, or	Obstructing or
man or other minister endeavor to obstruct or prevent, any clergjrnan or other minister in in the dk"arge or from celebrating Divine Service, or rtherwise officiating in any
his duties.

church, chqzl, meeting-house, or other place of Bivine Worship. or in or from the performance of his duty in the lawful burial of the dead in any cbmetery or other burial place, or shall strike or

Bame, B. 36.

offer any violence to, or shall upon any civil process or under the pretence of executing any civil process arrest any clergyman or other minister who is engaged in, or to the knowledge of the offender is about to engage in, any of the rites or duties in this section aforesaid, or who to the knowledge of the offender shall be going to perform the same or returning from the performance thereof, shall be g ~ i l t y of a misdemeanor, and being convicted thereof, shall be liable to be imprisoned for any term not exceediug two years, with hard labor,

Asaaul~nngamaeis-

trate, &C., on account 50. Whosoever shall assault and strike or wound any magistrate,

ofhispreeerving	officer, or other person whomsoever lawfully authorized in or on
wreck.	account of the exercise of his duty in or concerning the preservation

Same, a. 37.	of' any vessel in distress, or of any vessel, goods, or cEects wrecked,
stranded, or cast on shore, or lying under water, shall be guilty of a misdemeanor, and, being convicted thereof, shall be iiable to be imprisoned for any term not exceeding seven years with hard labor.

with

to commit felony, or	51. Whosoever shell assault any parson with intent to commit felony, or shall assault, resist, or wilfully obstruct any peace officer in the due execution of his dnty, or any person acting in aid of such officer, or shall assault any person with intent to resist or
on peace oseers, &c,
Same, B. 38.	prevent the lawful apprehension or detainer of himself or of any other person for any offence, shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable to be imprisoned for any term not exceeding two years, with hard labor,
A~aul ta
&c.

on seamen,

52. Whosoever shall unlawfully and with force hinder or prevent

any seaman from working at or exercising his lawful trade, business,

or

39" & 40" VICTORIX, No. 38.

The Criminal Law Consolidation Act.--1 876.

or occupation, or shall beat or use any violence to any such person pm* m

with intent to hinder or prevent him from working at or exercising the same, shall, on conviction thereof before any Special Magistrate or two Justices of the Peace, be liable to be imprisoned fbr any Same*B. 40.

term not exceeding six months, with hard labor.

conspiracy to raise the rate of wages, or of any unlawful combina- comb~nahon. 53. Whosoever, in pursuance of any unlawful combination or Aesaultsarisingfrom

tion or conspiracy respecting any trade business or manufacture, or

respecting any person concerned or employed therein, shall Same,	a.
unlawfully assault any person, shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable to be imprisoned for any term not exceeding two years, with hard labor,

54. Where any person shall unlawfully assault or beat any other summarv punish- ment for common

person, any Special Magistrate or two Justices of the Peace, up011 asanult or battery,

complaint by or on behalf of the party aggrieved, may hear and determine such offence in a summary way, and the offender shall on conviction thereof either be committed to prison for aily term 8-9	42.
not exceeding two months, with or withoet hard labor, or else shall forfeit and pay such fine as shall appear to such Special Magistrate or two Justiccs to be meet, not exceeding together with costs (if ordered) the sum of Five Pounds; and if' such fine as shall be so awarded together with the costs (if'ordercd) shall not be paid, either immediately after the conviction or within such period as the said Special Magistrate or Justices shall at the time of conviction ap-.
point, the said Special Magistrate or Justices shall conunit the offender to prison, there to be imprisoned for any term not exceed- ing two months, with hard labor, unlccss su'ch fine and costs be sooner paid.

55. If the Special Magistrate or Justices, upon the hearing of any certificate of dig- miesal.

such case of assault or battery upou t,he merits where the complaint was preferred by or on behalf of the party aggrieved under the

find the assault or battery to have been justified or so trifling as not a,,,s, 44. preceding section, shall deem the offence not, to be proved, or shall to merit any punishment, and shall accordingly dismiss the complaint, he or they shall forthwith make out a certificate under his or their hands, stating the &ct of such dismissal, and shall deliver such certificate to the party against whom the complaint was preferred.

56. If any person against whom any such complaint, as before Certificate or convic- tion shall be a bar to

mentioned, shall have been preferred by, or on behalf of, the party anyotherproceedirgs.

aggrieved, shall have obtained silch certificate, or having been con-

vlcted, shall have paid the whole amount adjijndged to be paid, or

shall have suffered thc imprisonment with hard labor awarded, in Same 46.

every such case he shall be released from all further or other pro-

ceedings, civil or criminal, for the same cause.

57. Subject to the provisions of this Act, an Ordinance of the Proviaionr oi Otdi.

Governor and Legislative Council, No. 6, of 1850-" To facilitate nanaa '* lsM'*

the

%P & 40" VICTORIB, No. 38.

The Criwaina E Law Coasolidation Act.-1 876.

PABT IT. the performance of the duties of Justices of the Peace out of Sessions

to apply to summary with respect to summary convictions and orders "--shall be ap-

aonviotions. plicable to all proceedings taken under the three last preceding sections of this Act; and in any case of the adjudication of a pecuniary penalty thereunder, and of imprisonment for non-payment thereof, together with costs (if costs are awarded), the conviction may be in the form contained in Schedule No. 1 2 to the said Ordinance.

Where amult of an 58. If i t shall appear to the Special Magistrate or Justices npon

aggravated nature

offender may be corn- the hearing of any complaint for any of the matters mentioned in

mittedtotheSu~reme the four last preceding sections, that the offence is of such an Court, or be dealt

with under tile Minor aggravated nature that it cannot, in his or their opinion, be

OfFencee Procedure

Act, 1869.	sufficiently punishable under the provisions of the said four last preceding sections of this Act, such Special Magistrate or Justices may either commit the person charged with such offence for trial before the Supreme Court, or may, with the consent of the person so charged, proceed to deal with and determine the case in manner prescribed by, and in accordance with, the provisions of "The Minor Offences Procedure Act, 1869;" and in the latter case such Special Magistrate or Justices shall have powcr, on conviction, to award any of the punishrrients mentioned in the said Act.
These provi8ions not
to apply to certain	69. l n case the Special Magistrate or Justices shall find thc assault or battery complained of to have been accompanied by any attempt to commit felon?, he or they shall abstain from any adjudication thereupon, and shall deal with the case in all respects
caaes.

S. 46. 24 & za Vie*$ c. loo in the same manner a6 if he or they had no authority finally to

hear and determine the same: Provided that nothing herein con- tained shall authorize any J-ustices to hear and deternyine any case of assault or battery in which any question shall arise as to the title to any lands, tenemeuts, or hereditaments, or any interest thewin or accruing thetefrom, or as to any insolvency, or any execution under the process of :my Court of Justice.

Rape, Defilement, and Abduction of Women and Girls:

Rape.	60. Whosoever shall be couvicted of the crime of rape shall be guilty of felony, and, being convicted thereof, shall be liable to be imprisoned for life, or any term not less than four pears, with hard labor, and may be whipped.
&me a. 48,
rape.

Attempt to commit 61. Whosoever shall be convicted of any attcmpt to commit, or

of an assault with intent to commit, the crime of rape, shall be guilty

of a misdemeanor, and, being convicted thereof, shall be liable to be imprisoned for any term not exceeding seven years, with hard labor.

Procurjng the defile-

ment of a woman	62. Whosoever shall, by false pretences, false representations, or twenty-one years, to have an); illicit carnal conuexion with any man, shall be guilty of s mi~demeanor, and, being convicted thereof, shall be liable to be irnprhoned for any term not exceeding seven years, with hard labor and may be whipped. 63. Whosoever
under age	other fraudulent means, procure any woman or girl under the age of
same E. 60,49.
39" & 40" VICTORIB, No. 38.

The Criminal ZQW Consolidatiora Act.-1 87 6.

63. Whosoever sball unlawfully and carnally know and abuse any girl under the age of twelve years shall be guilty of felony, and,	girl under 12.
Carnally knowing a
being convicted thereof, shall be liable to be imprisoned for life, or any	38 & 39 Vio., c. 94,
term not less than four years, with hard labor, and may be whipped. 64. Whosoever shall be convicted of any attempt, or assault with	S. 3.
Attempting to car-
nally know a girl

intent, i~nlawfully and c;irmlly to know and abuse any girl ~lnder undcr 12 years.

the age of twelve years, shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable to be imprisoned for any term not exceeding seven years, with hard labor, and inay be whipped.

65. T$Thosoever sllall unlawfully and carnally know and abuse any girl being above thc agc of twelve years and under the age of'	girl between twelve
Carnally knowing a
and thirteen years,

thirleen years, whetl~er	with or without her consent, shall be guilty	whether with or
without consent.

of a misdemeanor, nnd, being convicted thereof shall be liable to be 38 & 39 Vic., c. 94,

in~prieoned for any term not esceedilig seven years, with hard labor, S. 4.

and may be whippcd.

66. Whosoever shall be convicted of any indecent assault upon Indeccnt assault.

any woman or girl, sl~all be liable to be imprisoned for any term not

exceeding two years, with hard labor.

67. No child under thc age of twelve years shall bc deemed capable of consenting to any indecent assault.	Child under twolvc
incapable of coneent,
68. Where any wonian of any age sliall haw ally int&est, whether legal or equitable, present or future, absolute, conditional, or contin-	Abduction of a woman against her will, from
motives of lucro.
gent, in any real or personal estate, or shall be a presurriptive heiress
cr coheiress, or presumptive nest of kin, or one of the presumptive
next of kin to anyonc having such interest; whosoever shall, from
motives of lucre, takc away or detain such woman against hcr will,
with intent to marry her or carnally know her, or to cause her to be
married or carnally known by any other pcrsou; and whosoever
s11all fraudulently dlurc, takc away. or detiin such woman, being	24 and 25 Vic., c.
100, S. 53.
under thc agc of eighteen years, out of the possession, and against
thc will of her sather or mother, or of any other pcrson having the	lawful care or charge of her, with interi~ to marry or carnally know
her, or to cause her to be married or carnally known by any other
person, shall be guilty of felony, and, being convicted thereof, shall
be liable to be imprisonecl for any term not exceeding fourteen
years, with llarcl labor; and whosoever shall be convicted of any	Fraudulent abduction
off'ence against this section shall be incapable of taking any estate	of a girl under age,

or interest, legal or equitable, in any real or personal property of

&c,

such woman, or in which she shall have any such interest, or which shall come to her as such heiress, colieiress, or next of kin, as afore- said; and if any such marriage as aforesaid shall have taken place, such property shall upon such conviction be settled in such manner as the Supreme Court shall, upon any information at the suit of the Attorney-General, appoint.

69. Whosoever shall by force take away or detain against her will any woman of any age, with intent to marry or carnally know

Forcible abduction of any woman with

intent to marry her.

her, or to cause her to be married or carnally known by any other

person,

39" & 40" VICTORIB, No, 38.

The Criminal Law Consolidation Act.-187 6.

PAET 11, person, shall be guilty of felony, and, being convicted thereof, shall

Same, S. 64.

be liable to be imprisoned for any term not exceeding fourteen years,

with hard labor.

Abductioa of a girl

70, Whosoever shall uniawfully take, or cause to be taken, any unmarried girl, being under the age of sixteen years, out of the possession, and against the will of her father or mother, or of any other person having thc lawfnl care or charge of her, shall be guilty of a misderneanor, and, being convicted thereof, shall be liable to be imprisoned for any term not exceeding two years, with hard labor.

ut~der	sixteen years
of age.

S Unnatural Offences.

s o n o m ~ ~ a b e a = t ~ + 71. Whosoever shall be convicted of the abominable crime of

Bamea 61.

buggery, committed either with mankind or with any animal, shall be liable to be imprisoned for life, or any term not less than ten years, with hard labor, and may bc whipped.

Attempting to

an infamous crime.

72. Whosoever shall attempt to commit, either with mankind or with any animal, the abominable cl'ime of buggery, or shall be guilty of any assault with intent to commit the same, or of any indecent assault upon any male person, shall be guilty of a misderneanor, and being convicted thereof, shall be liable to be imprisoned for any term not exceeding seven years, with hard labor, and may be whipped.

Incest defined.

73. Any persons being related, either as parent and child, or

brother and sister, who shall unlawfully intermarry with each other,

or who shall commit fornication or adultery with each other, shall

be deemed to have been guilt: of the crime of incest.

P e h m ~ n t f f ~ r i n c e s t. 74. Whosoever shall be convicted of the crime of incest shall be

guilty of felony, and being convicted thereof, shall be liable to be imprisoned for any term not exceeding seven years, with hard labor.

Carnal knowledge 75. Whenever upon the trial for any offence punishable under

defined.	this Act, it shall be necessary to prove carnal knowledge, it shall not
Sanre, s. 63,	be necessary to prove the actual emission of seed in order to consti- tute a carnal knowledge, but the carnai knowledge shall be deemed complete upon proof of penetration only.

Child Stealing:

Child ateding.

76. Whosoever shall unlawfully, either by force or fraud, lead or take away, or decoy, or entice away, or detain any child under the age of fourteen years, with intent to deprive any psrent, guardian, or other person having the lawful care or char& of such child, of the possession of such child, or with intent to steal any article upon or about the person of such child, to whomsoever such article may belong, and whosoever shall with any such intent rcccive or harbor any such child, knowing the same to have been by force or fraud led, taken, decoyed, enticed away, or detained, as in this section before

Same, 8.66

mentioned, shall be guilty of felony, and, being convicted thereof; shall be liable to be imprisoned for any term not exceeding seven years, with hard labor: Provided that no person who shall have claimed any right to the possession of mch child, or shall be the

mother,

39" & 40" VICTORI2E, No. 38.

The Criminal Law ConsoZidation A c t. 1 8 7 6.

mother, or shall have claimed to be the father of an illegitimate	PART	TT.
child, shall be liable to be prosecuted by virtue hereof on account of the getting possession of such child, or taking such child out of the possession of any person having the lawful charge thereof.

Bigamy:

7'7. Whosoever being married shall marry any other person during Bigamy.

the life of the former husband or wife, shall be guilty of felony, and being convicted thereof shall be liable to be imprisoned fur any term not exceeding four years, with hard labor: Provided that nothing in this section contained, shall extend to any person marrying a

second time whose husband or wifk shall have been continually Same, s.a7.

absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time, or shall extend to any person who, at the time of such second marriage, shall have been divorced from the bond of the first marriage, or to any person whose former marriage shall have been declared void by the sentence of any Court of competent jurisdiction.

Attempt to produce Abortion:

78. Every woman bclng with child who, with intent; to procure Adminideringdrugs

her own miscarriage, shall nnlawfully administer to herself any ,,	or using instrumente
poison or other noxious thing, or shall unlawfully use any instru-
ment or other means whatsoever with the like intent, and whosoever

with intent to procure the miscarriage of any woman, whcther she be	+
or be not with child, shall unlawfully administer to her, or cause to

be taken by her any poison or other noxious thing, or shall unlaw- same,	B. 68.
fully use any instrument or other means whatsoever with the like intent, shall be guilty of fel.ony, and, bcing convicted thereof, shall be liable be imprisoned for life, or any term not less than three years, with hard labor.

79. Whosoever shall unlawfully supply or procure any poison Procuring d r y #, &c,

or other noxious thing, or any instrument or thing whatsoever, to oausc trbort~on.

knowing that the same is intended to be unlawfi illy used or employed	68s
with intent to procure the miscarriage of any woman, whether shc be or be not with child, shall be guilty of a misclemeanor, and, being convicted thereof, shall be liablc to be imprisoned for any term not exceeding three years, with hard labor.

Concealing the Birth of a Child:

80. If any woman shall be delivered of a child, every person who ? g . ; $ ; : the birth

shall, by any secret disposition of the dead body of the said child, whethe~such~child died before, at, or after its birth, endeavor to conceal the bib thereof, shall bc guilty of a misdemeanor, and being Barna, .. 60.

convicted thereof shall be liable to be imprisoned for any term not exceeding three years, with hard labor: Provided that if any person tried for the murder of any child shall be acquitted thereof, it shall P_vilo.

be lawful for the jury by whose verdict such person shall be acquitted

to find, in case it shall so appear in evidence, that the child had recently been born, and that such person did, by same secret dig-

position

16 39O & 440" VICTORTAE, No. 38.

The Criminal Law Consolidation Act.-1876.

PART 11. position of the dead body of such child endeavor to conceal the birth - thereof, and thereupon the Court mzly pass such sentence ais if such person had been committed upon an indictment for the concealment

of the birth.

PART Irr. PART 111.

MALICIOUS INJURIES TO PROPERTY.

Injuries by Fire to Buildings and Goods therein:

setting fire to a 81. Whosoever shall unlawfully and maliciously set fire to any

church* church, chapel, rneeting-house, or other place of Divine Worship,

1; shall be guilty of felony, and being convicted thereof shall be liable to be imprisoned for l&, or for any term n ~ t

24 8G 26 Vic. ,~. 9 7, ~ ~

less than seven years,

with hard labor.

getting fire to a 82. Whosoever shall unlawfully and maliciously set fire to any dwelling-house, any person being therein, shall be guilty of felony, and beiog convicted thereof slid1 be linble to be imprisoned for life,

awellhg-hou~e* person being therein. any

Same, 8. 2, or any term not less than seven years, with hard labor.

setting fife to a house, 83. Whosoever shall unlawful^ and mdiciously set fire to any

tent* outhouaet	house, tent, stable, coachliouse, outhouse, warehouse, office, shop,
Same, a. 3,	mill, malthouse, hop-oastl, barn. gmnary, hovel, shed, or fold, or to any farm building, or to any building or erection used in fnrminp land, or in carrying on any trade or rnlmufacture, or any bran& thereof, whether the same shall then be in the possession of the offender or in the possession of any other person, with interit thereby to injure or defraud any person, shall be guilty of felony, and being convicted shall be liable to be imprisoned for life, or any term not
less than three years, with hard labor.

Setting fire to any 84. Whosoever shall unlawfully and maliciously set fire to any

' a i 1 ~ a ~ t a t i ~ n p B; c. station, engine-house, warehouse, or other building belonging or

appertaining to any railway, port, dock, or harbor, or to any caud

Same, S. 4,	or other navigation, or to any jetty, wharf, or l a d i n g place, shall be	guilty of felony, and being convicted thereof shall bc lhble to be
imprisoned for life, or any term not less than seven years, with hard labor.

.Setting fire to any 85. Whosoever shall unlawfully and maliciously set fire to any

public building. building otlier than such as are in this Act before mcntioned, be- longing to Her Majesty, or used by or for any department of

m. 6. 24 & 25 Vie., c. 9'1, Government, or belonging to any Corporation or District Council

or University, or shall set fire to any other building devoted or dedicated to public use, shall be guilty of felony., and, being eon- victed thereof, shall be liable to be imprisoned for life, or any term not less than seven years, with hard labor.

Betting fire to other 86, Whosoever shall unlawfully and maliciously set fire to any

buildings.	building other tliun such as are in this Act before mentioned; shall
Same S. 6.	Iw guilty of felony, and, being convicted thereof, shall be liable to
be imprisoned for any term not exceeding fourteen years, with hard
lttbor. 87. Whosoever

39" & 40" VICTORIB, No. 38. --

The Criminal Law Consolidation ACE.-~ 8'76.

Whosoever shall unlawfully and n~nliciously set fire to any matter or thing, being in, against, or uoder any building, under y,"$c;$;r;t; PAR* 111.

87.

such circumstances that if tbe building were thereby set fire to the letting fire t o which

offence would amount to felony, shall be guilty of felony, and, being convicted thereof, shall be liable to be imprisoned fbr any term not exceeding fourteen years, with hard labor.

88. Whosoever shall unlmvfully and maliciuusly, by any overt Attempting to set fire to buildings.

act, attempt to set fire to any building, or auy matter or thing in,

against, or under any building, under suck circu~nstances that if a ,, , , , 8.

the same were thereby set fire to the oEender would be guilty of felony, shall be p i l t j of felony, and, being convicted thereof, shall be liable to be imprisoned for any term not exceeding fourteen " years, with hard la6or.

Injuries by Explosive Substal~ces to Buildings, &c.:

89. Whosoever shall unlawfully and mdiciously, by the explosion of gunpowder or ot.her explosive substance, destroy, throw down, or	Destroying or damng-
iog a house with gun-
powder, any person
damage the whole or any part of any dwelling-house, any person	being therein, &c.
being therein, or of any building whereby the life of any person	Same s. 9.
shall be endangered, shall be guilty of'felony, and, being eon- victed thereof, shall be liable to be imprisoned for life, or for m y term uot less than seven years, with hard labor.
Attempting to clestro~
90. Whosoever shall unlawfully and rudiciously place or throw in, into, upon, under, against, or near any building any gunpowder	buildings with gun-
p;owdor.
or other explosive substance, with intent to destroy or damage any building, or any engine, machinery, working tools, fixtures, goods,
or chattels, slinll, whether or not any exploi4on take place, and
whether or not any damage be caused, be guilty of felony, and, being convicted thereof, shall be liable to Fe imprisoned for a n y term not exceeding fourteen years, with hard lnbor.

Injuries to Buildings by Rioters, &c.: Iliotcru demolisbing

91. If any persox~s riotously and tumultuously assemble together buildings, &c.

to the disturbance of the public peace shall unlmvfully and with force demolish: or pull down, or destroy, or be@n to demolish, pull

down, or destrov, any church, chapel, or meeting-house, or other

place of Divine i ~ o r s k i ~, or any house, seble, coachhouse, outhouse, warchousc, office, shop, mill. mdthouse, hop-oast, baru, granary, shed, hovel, or fold, or any building or erection used in farming land, or in carrying on any trade or manufacture, or any branch thereof, or any other building whatsoever, whether public or private, or any machinery, whether fixed or moveable, prepared for or employed in any manufacture, or in any branch thereof, or any

steam engine or other engine for sinking, working, ventilating, or

draining any mine, or any building, or erection used in conuexion with such mine, or any bridge, tramway, or other convenience used for cotwevitig minerals ikon1 anv mine. everv such offender shall be guilty of l e lok, and being eonvhml thereofshall be liable to be h-

prisoned for life or any term not less than seven years with hard labor.

C 92. If'

& 40° VXCTORLB, No. 38.

The CrimifiaZ L6w Consolidatinn Act.- 1876.

PART m. 92. If any persons, riotously and tumultuously assembled to- and with force injure or damage any church, chapel, meeting- house, place of Divine Worship, house, stable, coach-bouse, out- house, warehouse, office, shop, mill, malthouse, hop-oast, barn,

Riotere injuring	gether to the disturbance of the public peace, shall unlawfully
buixdines, b.
Same, U, 12.	granary, shed, hovel, fold, building, erection, machinery, engine, or
' other thing, as is in the last preceding section mentioned, shall be
guilty of a misdemeanor, and being convicted thereof shall be liable to be imprisoned for any term not exceeding seven years, with
Prorieo.	hard labor: Provided that if upon trial of any person for any felony

I	in the last preceding sectiou mentioned the jury shall not be satisfied that such person is guilty thereof, but shall be satisfied that he is guilty of any offence in this section mentioned, then the
jury may find him guilty thereof, and he may be punished accor-
dingly.

Injuries to Buildings by Tenants:

h O u e ~ c ~

maliciously injuring	93. Whosoever being possessed of any dweiling-house or other building, or part of any dwelling-house or other building, held for any term of years or ot'her less term, or at will, or held over after
them.
Same, B. 13.	the terminat& of any tenancy, shall unlawfully and maliciously pull down or demolish, or begin to pull down or demolish, the same or any part tlicreof, or shall un:awfully and maliciously pull down or sever from the freehold any fixture being- fixed in or to such dwelling-bouee or building, or part of sucfr dwelling-house or building, shall be guilty of a misderneancrr, and 03 being convicted thereof shall be liable to be imprisoned for any term uot exceeding two years, with or witshout hard labor.

Injuries to Msnuf%ctures, Machinery, &c. :

94. \Vhosi)cvcr shall unlawfully and maliciously cut, break, or alpaca, or of any one or more ofF those 'materids mixed with each

process of manufao-	in
ture, certain ma-

DeatroyinggOods

chinery, &c.

destroy. or damage with intent to destroy or to render useless, any

V	goods or article of silk, woollen, linen, cottoll, hair, mohair, or
other or mixed with any other nla terial, or any frau~ework, knitted

piece, stocking, hose, or lace, being in the lootn or frame, or on auy

Same, 8. 14,

machine or engine, or. on the rack or tentem, or in any stage, process, or progress of manufacture, or shall unlawfully and maliciously cut, break, or destroy, or damage with intent to destroy or to render useless, any warp or shute of silk, woollen, linen, cotton, hair, mohair, or alpaca, or any one or more of those materials mixed with each other or mixed with any other material, or shall unlawfully aud~maliciously cut, break, or destroy, or damage with intent to destroy or render useless, any loom, frame, machine, engine, rack, tackle, tool, or implement, whether fixed or moveable, prepared for or employed in carding, spinning, throwing, weaving, fulling, sslrenring, or otherwise manufacturing or preparing any such goods or articles, or shall by force enter into any house, shop, building, or place with intent to commit any of the offences in this section mentioned, shall be p i l t y of felony, and beirrg convic'ted

thereof

39" & 40" VLCTORIB, No. 38. 19

The Criminal Law Consolidation A c t. 1 8 7 6.

thereof shall be liable to be imprisoned for life, or any less term,	P A ~ T
with hard labor.

95, Whosoever shall unlawfully and maliciously c ~ ~ t, break, or Destroying machine8 in other rnanufncture~,

destroy, or damage with intent to destroy or to render useless, any a,icultunl

ma-

machine or engine, whether fixed or moveable, used, or intended to chine#, &c.

be used for sowing, reaping, mowing, threshimg, ploughing, or

draining, wool-pressing or woolwashing, or for performing any 8. 15, same.

other agricultural or pastoral operation, or any machine or engine,

or any tool or implement, whether Lied or moveable, prepared

fbr or employed in any manufacture or industry whatsoever

(except in the manufacture of those articles mentioned in the

last preceding section) sha.11 be guilty of felony, and being

convicted thereof shall be liable to be imprisoned for any term not

exceeding seven years, with hard labor.

Injuries to Corn, Trees, and Vegetable Productions:

crop of hay, corn, grain, or pulse, or of any cultivated vegetable of corn, &C. 96. Whosoever shall unlawfully and maliciously set fire to any setting fire to crops

produce, whether standing or cut down, or to any part of any wood,, ,,,,

coppice, or plantation of trees, or to any grass, stubble, scrub, heath, gorse, furze, or fern, wheresoever the same may be growing or standing, or to any hedge or fence, shall be guilty of felony, and being convicted thereof, shall be liable to be imprisoned for life or any term not less than three years, with hard labor.

97. Whosoever shall unlawfully and inaliciously set fire to any setting fire to etacka,

stack of corn, grain, pulse, hay, straw, stubble, or of any cultivated vegetable produce, or of any furze, gorse, heath, fern, coals, char- coal, wood, or bark, shall be guilty of felony, and being convicted % 179

thereof, shall be liable to be imprisoned for life, or any term not less

than three years, with hard labor.

Whosoever shall unlawfully and maliciously, by any overt act, attempt to set fire to any such matter or thing ss in either of the to any crops, &C.	Attempting to set fire .
la'st two preceding sections mentioned, under such circumstances

98.

that if the same were thereby set fire to, the offender would be under,	,,,,
any of such sections guilty of felony, shall be gyilty of felony, and being convicted thereof, shall be liable to be imprisoned for any term not exceeding seven years, with hard labor, and may be whipped.

99. Whosoever shall unlawfully and maliciously cut, break, bark, Destroying or damag- ing trees, shrubs, &C.,

root-up, or otherwise destroy or damage the whde or any part of over sl in value.

any tree, sapling, shrub, 01- hopbinds, or any underwood, growing in any park, plantation, pleasure grounds, garden, orchard, or avenue, or

in any ground adjoming or belonging to any dwelling-house (in f;;;sndll,

case the ir~jury shall exceed One Pmnd) shall be guilty of felony, and being convicted thereof, shall be liable to be imprisoned for any term not exceeding four years, with hard labor, and may be whipped.

100. Whosoever

, 39" & 40" VICTOBIB, No, 38.

--. -- --

The Crinainal Law Consolidation A c t. 1 8 7 6.

PART m. 100. Whosoever shall unlawfully and maliciously cut, break, bark,

Damaging trees, &C., root up, or otherwise destroy or damage the whole or any part of

under $1 in value.	any tree, sapling, shrub, or underwood, ~vheresoever the same may
be growing, (the injury done being less than One Pound) or any
Same.	plant, root., fruit, or vegetable production growing in any garden.
a. 22,23,and 24.	orchard, nursery ground, hothouse, greenhouse, or couservatory, or any cultivated root or plant used for the food of man or beast, or foi any other purpose -whatsoever, and wheresoevor the same may be grow in^, shall, on convit:tion before a Special Magistrate or two Justices of the Peace, either be committed to gaol for any tefm not exceeding six months with hard labor, or else shall forfeit and pay, over and above the amount of the injury done, such sum of money not exceeding Five Pounds, as to such Special Magistrate or Justices shall seem meet, and may be whipped.

Damag~eg treee under 101. Whosoever after having been sunmarily convicted of m y

f; l i n value, after

previous eummary	of the offences in the last preceding sectiou mentioned shdl after-
conviction.	wards commit anv of the offencesv-in thc last preceding section mentioned sl i all "be guilty of' a misdemeaaor, a i d being convicted thereof, shall be liable to be imprisoned for any term not exceeding two years, with hard labpr, and may be whipped.

Injuries to Fences:

Destroying, &C., ,

fences, walls, &C.

102. Whosoever shall unlawJiully ancl maliciously cut, break,

throw down, or in anywise destroy any fence ~f any description

whatsoever, or any wall or gste, or any part thereof resper tively,

S R ~ C. S. 25. shall, 011 conviction thereof before a Special Maeistrate or two ~usticeces of the Peace, for the first offence' forfeit aid pay, rver and :%bow the amount of the injury done, such slim of money not

Second offence.	excecdiug Five Pounds, s s to the said Special Magistrate or Justiccs shall seen1 incet; am1 whosoever having been convicted of any such offence sllall afterwards commit anv of the said offences in this section before mentioned shall be li6ble to he impririson.:d for my term not exceeding six months, with hard labor, as tlie coavict-
ing Special Magistrate or Justices shall think fit,

Injuries to Mines:

Setting fire to a coal	103. Whosoever shall unlawf~d!~	and maliciously set fire to any
mine, or timbering of

any mine,

mine of cod, cannel coal, anthracik, or other mineral fuel, or to the timbering of the shafts or underground workings of itay mine

Same, B. 26.

shall be guilty of felony, and being convicted thereof shall be liable

to be imprisoned for life, or any less term, with hard labor.

Attem~t in~ to fire

to a mine, &c.

104. Whosoever shall unlawfully and nldiciously by any overt

act attempt to set fire to any mine or timbering of any mine, under

such circurnstances that if the same were tbereby set fire to the

Same, a. 27.

offender would be guilty of felony, shall be guilty of felony, and being convicted thereof shall be liable to be imprisoned for auy tern1 not exceeding eight years, with hard labor.

105. Whosoever

39* & 40" VICTORIE, No. 38.

The Criminal Law Consolidalion Act.--1 876,

105. Whosoever shall unlawfully and maliciously cause any PART 11s.

water to be conveyed or run into any mine, or into any sub- Conveying water into

terraneous passage communicating therewith, with intent thereby ~ h ~ ~ <; f ~ b ~ ~ c " u c t i n ~

to destroy or damage such mine, or to hinder or delay the working

thereof, or shall with the like intent unlawfully and maliciously pull same, e. 2s.

down, fill up, or obstruct, or damage with intent to destroy,

obstruct, or render useless, any airway, waterway, drain, pit, level,

or shaft of or belonging to any mine, shall be guilty of felony, and

being convicted thereof shall be liable to be imprisoned for any

term not exceeding seven years, with hard labor.

106. Whosoever shall unlawfully and maliciously pull down or Damaging, obstruot-

destroy, or damage with intent to destroy or render useless, any 2;ig;i::&	steam-engine or other engine for sinking, draining, ventilntinq or working mines.
working or for io anywise assisting in sinking, draining, j,entilLting, or workmg any mine, or any appliance or apparatus In colinexion with any such steam or other engine, or any staith, building, or sams,.. 2s.
erection used in conducting the business of any mine, or any bndge, waggonway, or trunk fm couveying minerals from any mine, vhether such engine, staith, building, erectio~, bridge, waggon-way, or trunk be completed or in an unfinished state, or shall unlawfully and maliciously stop, obstruct, or hinder the working of any such steam or other engine, or of auy such appliance or apparatus as aforesaid, vith intent thereby to destroy or damage any mine, or to hinder, obstruct, or delay the working thereof, or shall unlawfully and maliciously wholly or partially cut through, sever, break, or.
unfasten, or damage with intent to destroy or render useless, any rope, chain, or tackle, of whatsoever material the same s l d l be made, used in any nine, or in avd upon any inclined plane, railway, or other way, or other work whatsoever, in aaywise belonging or appertaining to, or coaiiected with, or employed in any mine or the working or business thereof, shall be guilty of fdoriy, and being convicted thereof shall be liable to be imprisoned for any term not
exceeding seven years, with hard labor,

Injuries to Sea ar~d River Banks and Works on Rivers, &c. :

107. Whosoever shall unlawfully and malicjously break down or Deatroyinga~abank, wall, &C., dams,

cut down, or otherwise damage dr destroy any sea bank, or sea ,har+rc.

wall, or the bank, dam, or wall, of or belor~ging to any river, canal,

creek, drain, reservoir, pool, or marsh, whereby any land or

building shall be, or shall be in danger of being, overflowed same, R. 30.

or damaged, or shall unlawfully and maliciouslv throw,

brea,k, or cut down, level, undermine, or otherwise destroy any

quay, wharf, jetty, lock, sluice, floodgate, weir, tunnel, towingpath,

drain, watercourse, or other work belonging to any port, harhor,

dock, or reservoir, or on or belonging, to any na;igable river or

canal, shall be guilty of felony, and being convicted thereof shall

be liable to be imprisoned for life or for any less term, with hard

labor.

108. Whosoever

p

me Criminal Law Conso lidation Act.-1 876.

PABT =I. 108. Whosoever shall unlawfcllly and maliciously cut off, draw up,

Removing iierof anp or remove stry piles or other material fixed in the groolind, and used bank, &a., or doingany dame@	for securing any sea bank or sea wall, or the bank, dam, or wall of
obstruct the naviga-	any river, canal, creek, drain, aqueduct, marsh, reservoir, pool, port,
tion of a river, &c.
hmbor, dock, quay, wharf, jetty, or lock, or shall unlawfully and maliciously open or draw up any flood-gste or duice, or do any
Samo, S. 31.	other injury or mischief to any navigable river or canal with intent, and sg as thereby to obstruct or prevent the carrying on, completing,
or maintaining the navigation thereof, shall be guilty of felony, and

-

being convicted thereof shall be liable to be mprisoned for any

term not exceeding seven years, with hard labor.

Injuries to Ponds, &c. :

Bre&in~ down the	109. Whosoever shall unlawfully and ma~ciously	cut through,
dam of any fi&ery,

C, , ,,	break down, or otherwise destroy the dam, floodgate, or sluice of
poisoning ash.	any fishpond, or of any water which shdl be private property, or in
Same, aec. 22.	which there shall be any right of fishery, with intent thereby to take or destroy m y ot the fish in such pond or water, or so as thereby to cause the loss or destruction of any of the fish, or shall unlaw- fully and maliciously put any lime or other noxious material in any such pond or water with intent the~eby to destroy any of thc fi& that may then be or that may thereafter be put therein, or shall unlawfully and maliciously cut through, break down, or otherwise destroy the dam or floodgate of any mill pond, reservoir, or pool, or other place used for storing water, shall be guilty of a mis- demeanor? and being convicted thereof shall be hable to be im- prisoned for any term not exceeding four years, with hard labor.
Poisoning water in
rivem, &C.	110. Whosoever shall u.nlapi.fully and maliciously put, cast, or throw any poison or other noxious material into any river, creek, lake, waterhole, wdl, reservoir, tank, or other place used for storing water, with intent to injure any person, or with intent to destroy any animal, shall (whe~her any injury 3e actually caused or not) be guilty of felony, and, being convicted thereof, shall be liable to
be imprisoned for lifc, or any less term, with hard labor.

Injuries to Bridges, &c. :

WUY t o a b d ~ ~ l, & o * 111. Whosoever shall unlawfully and maliciously pull or throw

down, or in anywise destroy, any bridge, public or private (whether

Beme a. 33.	over any stream of water or not), or any viaduct or aqueduct, over
or under which bridge, viaduct, or aqueduct any highway, railway,
or canal shall pass, or do any injury with intent and so as thereby to render such bridge, viaduct, or aqueduct, or the highway, rail- may, or canal passing over or under the sanie, or any part thereof, dangerous or impassable, slrall be guilty of felony, and, being con- victed thereof, shall be liable to be imprisoned for life, or any less
term, with hard labor.

Injuries to Railways, Telegraphs, &c.:

Phi% woo4 h a, on 112. Whosoever shall unlawfully and maliciously put, place, cast,

rrrilwa? with intent or

- S6 & 40" VJCTORPZ, NB. 38.

me Criminid Law Consolidation Act.-1876.

or throw upon or acrass any milway, any wood, stone, or other - PART m

matter or thing, or shall unlawfully md maliciously take up, remove, to obstruct or over-

or displace any rail, sleeper, or other matter or thing belonging to throw any engine, &a.

any 'ailway, or shall unlawfully and mdiciously turn, move, or

divert m y points or other machinery belonging to any railway, or S,,,

,35,

shall unlawfully and maliciously make or show, hide or remove, any signal or light upon or near to any railway, or shall nnlawfully and maliciously do, or cause to be done, any other matter or thing with intent in iny of the cases aforesaid to obstruct; upset, overthrow, i ~ $ ~ e, or destroy any engine, tender: carriage, or truck using such railway, shall be guilty of felony, and, bkirrg convicted thereof, shall be linble to be inrpriwned f i r life, or any less term, with hard labor, and may be whipped.

113. Whosoever, by any unlawful act, or by any wilful omission Obstructing engines

or neglect, shall obstruct, or cause to be obstructed, any engine or ;~$%eaonraa-

carriage using any railway, or eh11 aid or assist thereill, shall be guilty of u, misdemeauor, and, beillg convicted thereof, shall be liable to be imprisoned for any term not exceeding four years, with same,	ss,
hard labor.

1 1.4. ~ ~ ~ h o s o c v c r shall unlawf~dly a d n~aliciously cut, break, throw Injuriee to telegraph*.

down, destroy, iajure, or remove any battery, machinery7 wire,

cable, post, insulator, or other matter or tiling whatsoever, being Same, a. 37.

part of' or being used or employed ill or about any olectric or

magnetic telegraph, or in the workinq thereof, or shall uulawfully	.
and maliciously prevcl~t or obstruct iil any rna,nner whatsoever the sending, conveyance, or delivery of any commuuication by any sucl~ telegraph, shall he guilty of n niisdetneanor, and beitig convicted thereof shall be liable to he ~rnprisoned for any tern1 not exceeding tmo years, with hard labor.

115. Whosoerer shallunlawfully arid ~iialicio~isly, by any overt act, Attempts to injure

attempt to colillnit any of the offences in the last preceding section such telegraphe.

mentioned, shall, on conviction thereof befbre a Special M a g' istrate

or two Justices of the Peace, either bc imprisoned tbr three months S,,,	38.
or nny less term, with hard labor, or else shall forfeit and pay such
sun1 of money not exceediag Five Pounds :as to the convicting
Spcci;;tl Magistrntc or Justices shall seern meet.

Injuries to Works of Art:

116. Whosoever shall unlawfully a d nialicio~dy destroy or Destr~yin~ordamag. ing works of art in

damage m y book, mariuscript, picture, print, stiituc, bust, or .vase, mu aeu,n4 chu

or a n y other article or thing kept for the purposes of art, science, &C., or in publio

or literature. or as nil object of curiosity, in any museum, gallery, places.

cabinet, library, institute, or other repository, which gallery,

cabinet, library, or other repository is either at all times or jyom Smc	39.
time to time open for the adniission of the public, or of any con- siderable number of persons, to view the same, either by the permission of the proprietor thereof or by the payment of money

before

The Criminal Law Consolidation Act-1876.

P*m I1*.	before entering the same, or any picture, statue, monument, or other memorial of the dead, painted glass, or other ornament or work of art, in any church, chapel, meeting-house, or other piace of Divine Worship, or in any building belonging to Her street, square, churchyard, burial-ground, public garden or ground, Majesty, or used for any Government department, or in any
or any statue or monument exposeid to public view, or any orna- ment, railing, or fence surrounding such statue or monument, shall be gnilty of a misdemeanor, and, being convicted thereof, shall be liable to be imprisoned for any term not exceeding two pars, with

Proviso. hard labor, and may be whipped: Provided that nothing herein contained shall be deemed to affect the right of any person to recover by action a t law damages for the injury so committed.

Injuries to Cattle, &c. :

Killing, maiming,	1 l7 .Whosoever shallunlawfull~	and maliciously kill, luaim, wound,
wounding, &C., cattle.

or disfigure any horse, mare, gelding, colt, filly, mule, or ass, or any bull, cow, ox, heifer, or calf, or any. ram, ewe, sheep, or lanrb, or any

Hame 0.40.	camel, llama, alpaca, goat, or pig. 'shall be guilty of felony, and being convicted thereof shall be liable to be imprisoned for any term not exceeding four years, with or without hard labor.
Attempting to

kill, &C., cattlo. 118. Whosoever shall unlawfully and maliciously attempt to kill,

maim, poison, or injure anv of the animals. mentioned in the last precedlr~g section, "or whd shall unlawfully and maliciously place poison in such a position as to be easily partaken of by any such + animals, shall be guilty of a misdemeanor, aud being couvicted thereof, shall be liable to ba imprisoned for any term not exceeding three years, with or without hard labor.

filling, maiming, &C.,

other animals.	119. Whosoever shall unlawfully and milliciously kill, main], wound, or disfigure any dog. hird, beast, or other animal not de-
scribed in the two last preceding sections, but being either the subject .
same, B. 41.	of larceny a t common law, or being ordinarily kept in a state of con-
before a Special Magistrate or two Justices of the Peace, be finement, or for any domestic purpose, shall, on conviction thereof
imprisoned for auy term not exceeding six calendar months, with hard labor, or else shall forfeit and pay, over and above the amount of the injury done, such sum of money, not exceeding Twenty Pounds, as to the said Special Kagistrate or Justices shall wein
PI OV~SO.	meet: Provided that no t lhg contained in the two last preceding sections shall bc deernecl to affect the right of any person to destroy any goats, pigs, dogs, poultry, or rabbits, in the manner provided in
" The Impounding Act, 1 858.77

Injuries to Ships:

Setting fire t o hip, 120. Whosoever shall unlawfully anti maliciously set fire to, cast

&o.	away, or in anywise destroy any ship or vessel, whether the same
Same, a. 42.	be complete or in an unfinisl~ed state, shdl be guilty of felony, and being convicted thereof, shall be liable to be imprisoned for life, or any less term, with hard labor. 12 1. Whosoever

390 & 40" VICTORIX, No. 98.

The Criminal Law Consolidation A c t. 1 8 7 6.

121. Whosoever shall unlawfiilly and maliciously set fire to, or cast away, or in anywise destroy any ship or vessel, with intent thereby Setting fire to shipsto PA" m.

to prejudice any owner or part owner of such ship or vessel, or of prejudice or underwritem. the owners

any goods on board the same, or any person that has underwritten

or shall underwrite any policy of insurance upon such ship or vessel, Same, S. 48.

or on the freight thereof, or upon any goods on board the same,

shall be guilty of felony, and being convicted thereof, shall be liable

to he imprisoned for life, or any less term, with hard labor.

122. Whosoever shall unlawfully and rnaliciou~l~, by any overt Attempting to set fie

act, attempt to set fire to, cast away, or destroy any ship or vessel, to a ship.

under such circumstances that if the ship or vessel were set fire to,

cast away, or destroyed, the offender would be guilty of felony, shall

be guilty of felony, and being convicted thereof, shall be liable to be	hmes	a*44.
impisobed for any term not exceeding eight years, with hard labor.

12.7. Whosoever shall unlawfully and maliciously place or throw in, ~ ~ ~: \ ~ ~ ) ? $ f n -

into, or upon, against, or near any ship or vessel, any gunpowder, tent to damage it.

or other explosive substance, with intent to destroy or damage any

ship or vessel, or any machinery, working tools, goods, or chattels,

shall, whether or not any explosion take place, and whether or not,	46.
any injury bc effected, be guilty of felony, and being convicted thereof, shall be li'able to be i~uprisoncd for any term not exceeding eight years, with hard labor, and may be whipped.

124. Whosoever shall unlawfully and maliciously damage, other- De.aaging hips other-

wise than by fire, gunpowder, or other explosive substance, any wiae than by fire.

ship or vessel, whether complete or in an unfinished state, with

intent to destroy the same or render the same useless, shall bc	,,,,
guilty of felony, and being convicted thereof, shall be liable to be imprisoned for any term not exceeding four years, with hard labor.

125. Whosoever shall unlnwfully nmsk, alter, or remove any light Exhibiting f a h

or signal, or unlawfully exhibit any false light or signal, with intent nals, &C.

to bring any ship, vessel, or boat into danger, or shall unlawfully

and maliciously do anything tending to the immediate loss or game a, 17.

destruction of nny ship, vessel, or boat, and for which no punish-

ment is hcreinbefore provided, shall be guilty of felony, and being

convicted thereof, shall be liable to be imprisoned for life, or any

term not less than three Sears, with hard labor, and may be whipped.

126. Whosoever shall unlawfully and maliciously cut away, cast ~emovingorcon-

adrift, remove, alter, deface, fhk, or destroy, or shall uidawfully other sea marks.	cealing buoys and
and maliciously do any act with intent to cut away, cast adrift, remove, alter, defhcc, sink, or destroy, or shall in any other

manner unlawfully and maliciously injure or conceal any boat, Same 48.

buoy, buoy-rope, perch, or mark used or inteuded to be used for the guidance of seamen, or for the purpose of navigation, shall be p i l t r of felony, and being convicted thereof, shall be liable to be imprisoned for life or any term not less than three years, with hard labor,

D 127. Whosoever

39" Bt 40" VICTORIB, No. 38.

The Criminal Law Consolidation Act-1876.

PART III. 127. Whosoever shall unlawfully and maliciously destroy any

Deetrovina wrecks or mrt of anv s h i ~	or vessel which shall be in distress. or wrecked.
m y ar6clG belonging

thereto. stranded, br c&t on shore; or any goods, merchandise, or articles of any kind belonging to such ship or vessel, shall be guilty of

attempting to arrest

Expensesand cornpen- 396. Where any Court or Judge empowered under this Act or any

tained occor,i.ng to other Act in this behalf shall order payment to any witness	aatlon to bo ascer-
auchrewlation~,and for the prosecution, or to any person attending the Court in M~gistrate's oertifi-
.?h .n" to be mndo- obedience to any recognizance or subyacna, in the case of any pro-
w e. secution for felony or misdemeano~, or of aiiy costs or expenses incurred, or of any compensation for trouble or loss of tinle, or order payment to any person who may appear to have been active in or towards the apprehension of any pcrscjn charged with any ofknce, of compensation for expenses, exertions, end loss of time, in or towards such apprehension, thc amount of such costs, expenses, or coinpcnsation shall be ascertained by the proper oEcer of the
14 and 16, Viit., c. 66, Court, according to the regulations made as aforesaid; and where M. 6, 7. the expenses and compensation in respect of attending before any

examining Magistratc? are so .ordered to be paid, such expenses and compensation shall also be ascertained by the proper officer of the Court, according to such regulations, but the amount thereof as so ascertained shall not exceed the clinount rncntioned in the cer-

tificate of tificate of any examining Rlagistratc shall not be coilclusive as to the exami~ling Magistrate ; and, save as aforesaid, the ccr- thc amount to bc allowed for cxpenscs of attendance before him,

~ o t to interfere with or for compensation for trouble or loss of time therein: Provided

payments ior extraor-

dinary courage, &c.

that nothing in this Act, or in any regulations made under this Act, shall interfere with or affect the po:ver of any Court to order pal- ment to any person, who shall appear to such ( h r t to have shown extraordinary courage, diligeim, or cxertion in or towards any such apprehensim, of such sum as such Court shall think reasonable and adjudged to be paid in respect of such extraordinary courage, dili- gence, or exertion. Thc Supreme Court or any Judge may order any money or property in the hands of the police, taken from any prisoner, to be paid or given over to such prisoner's order for the purpose of his defence, except where, in the opinion of the Judge, the same shall be required for the purpose of identification or other- wise at the trial, or except where the said property shall be ,the subject of a criminal prosecution

39" & 40" VICTORIB, No. 38.

The Criminal Law Consolidation Act.-1876.

As to the Court of Criminal Appeal:

397. Tf upon the trial of any person convicted of any treason, felony, or nlisdcmeanor before any Judge of the Supreme Court or	Questions of law may
be roserved for con- sideration of J udgca.
Court of Oyer and Terniner or Gaol Delivery, or before any Justice or Justices of the lJeare or other Court of Criminal Jurisdiction, any question of difficulty in point of law shall haw arisen, it shall be lawful for such Judge, Court, or Justlces in its discretion, to reserve such question of law for the consideration and determination of the Judges of the Supreme Court, and in any such case to respite execution of the judgment on such conviction, or postponc the judgment until such question of law shall ha~re been considered and decided; and such case shall be stated by swh Court, Judge, or Justices if the Supreme Court shall upon motion make n Etule or Order for that purpose, which Rule or Order the Suprcme Court is hereby authorized to makc; and in either case the Court in its discretion, shall commit the pcrson convictcd to prison, or shall take n recognizance of bail, with one or two sufficient sureties, and in such sum as thc Court shall think fit, conditioned to appear at such time OF times as the Court slrall dircct, and receive judgment, or to render himself in execution as the case may be.

398. The Judge, Court, or Justices by whom such question of law Questions reservkd to

may have bem so reserved, shall thereupon state,in a case setting forth J,,ar8,	be certified to the
the question of law which 311x11 have beun so reserved, with the special circumstances upon which the s:mc shall have arisen; and the Judge, Justices, or otherperson presiding in such Court slnll sign and transmit

thesame within a r~asonalde time to the Judges of the Supremu Court;.

and the said Judgcs shall thereupon haw full power and authority to hear and finally determine the said question or questions, (2nd there- upon to &rm, arncnd, or rpverse my judgment which slmll have been given on the information on the trial whereof such qiiestion or questions shall haw arisen, 01. to itmid such judgment, and to ordcr an entry to be made on the record. that in the juclgmcnt of thc said Judges, the party cvnvictcd ought not to havc been convicted, or to

arrest the judgment, or order judgment to be given thercun at some	other S~ssion u r sitting of the Court whcrc the question arose, if no
judgment shall have been bcfore t lut timc given, or to make such other order as justice may reqnire; and such judgment and ordcr (if any) l 2 "
of the said Judgcs, shall be certified under the hand of the presiding Chief Justice or Senior Pusiric Judgc, to tllc Clerk of Atxtigns, or Associatc, or his deputy, who shall enter the same on the original record in proper forrn; and a certificate of such entry, under thc hand of the Clerk of Arraigns, or Associatc, or his deputy, in the form, as near as may be, or to the effect mentioned in the next succeeding scctiorl of this Act, with the necessary alterations to adapt it to the circumstances of the case, shall be delivcrcd or trans- mitted by him to the Sheriff or gaoler in whose custody the person convicted shall be; and the said certificate shall be a sufficient
warrant to such Sheriff or gaoler, and all other persons, for the

execution

39" & 400 VICTORIB, No. 38, -

The Criminal Law Consolidation Act.--1876.

execution of the judgment, as the same shall be so certified to have been affirmed or amended, and execution shall be thereupon exe- cuted on such judgment, and for the discharge of the person convicted from further imprisonment, if the judgment shall be reversed, avoided, or arrested, and in that case such Sheriff or gaoler shall forthwith discharge him, and also thc next Court having jurisdiction shall vacate the recopizance of bail, if any; and if the Court shdl be directed to give judgment, the said Court shall proceed to give judgment accordingly.

Form of certificate.

11 & 12 Vict., c. 78. 399. The certificate mentioned in the last preceding section shall

Schl;dde. be in the following form, or to the same effect-

Whereas at [deswibe the Court] held on before

, or at and AB., late of

laborer, having been found guilty of felony or misdemeanor, and judgment thcrcupon given, tha: 1 stute the substance], the C'ourt before whom he was tried reserved a certain question of law for the consideration of the ,Judges of the Supreme Court, and execution was there~pon respited in the meantime

[or judgment was postponec):

This is to ccrtify, that the Judges of the said Supreme Court having met at the Supreme Court House, in the City of Adelaide, on thc day of it was considered by the said Judges there that the judgment aforesaid should be annulled, and an entry made on the record that the said A.B. ought not, in t?le judgment of the said Judges, to have been convicted of the felony aforesaid; and you arc therefore hereby required fmthwith to discharge the said A .B. from your

custody, (Signed) E. G.

Clerk of Arraigns of the Supreme Court.

To the Sheriff of the Province of South Australia and the Gaoler

of and all others whom it may concern.

Quorum of Judgcs. 400. The jurisdiction and autho~ities to review by this Act given

by the said Judges or two' of them (but if by two ohy, the Judge to the Judees of the Sunreme Court shall and Inw be exercised U

Thcir judgment to be before whom the case in which the question of law arose shall not

delivered m open bc one) and thc judgment or judgments of the said Judgcs shdl be

Court.

l l & 12 Vict., c. 78,	delivered in open Court, after hearing counsel or the parties, in case
S. 3.	the prosccntor or thc pcrson convicted dmll think it fit that the case shall be argued, i11 like manner as other judgments of the Supreme - Court arc Eow delivered.

Case or cwtificnte may

be sent hack for 401. The Judges, when a case has been reserved for their opinion,

srnendrnent. shall haw power, if they think fit, to cause the case or certificate

11 IP; I?. Vict., C. 78

U. 4, to be sent back for amendment, and thereupon the same shall be amended accordingly, and judgment shall be delivered after it shall have been amended.

Appreheusion of Offenders and 0 t h i'roceedings:

Persona committing

402. Any person found committing any offence, punishabl'e either

o&uroa may b .

upon

39" & 40" VICTORIX, No. 38.

The Crimiml Law Consolidation Act.-1876.

upon information or upon summary cooviction by virtue of this PART

Act, or found in possession of any property on or in respect to arrested by any per-

which there is reasonable cause to believe that any felony or misde- 'On.

rneanor has been cornmittrd, and that such eithe;,comniitted

such felony or misdemeanor. or unlawfully received such property, 2r

2s tiic,,

knowing such felony or misdemeanor to have been committed, a. 103.

may be mmediately apprehended, without a warrant, by anv person,

a Justice of the Peace, to be dealt with according to law.

and forthwith taken, together with such prope~ty (if myj, before

403. Any constable, peace officer, or any other person may take Pereons loitering at into custody without n wr~rrant any person he may find lying or ~~~~~1~~~~~~

loitering in any highway, yard, or otber place during the night, may be apprehended.

and whoni he shall h v e good cause to susuect of havincr corn-. rnitted, or being about to c&nlit, any felony i i this Act rnezio'iooed, and shall take such person as soon as reasonably may be before .n Justice of tbe Peace, to be dealt with according to law; and if any person so liable to he apprehended under this Act, or any.Act relating to the criminal law, slmll assault or offer any violence to any person hereinbefore tluthorizecl to apprehend or detain him, or to any person acting in his aid and assistance, every such off'ender shall be guilty of a middemeanor, m d being convicted thereof shall be liable to be imprisoned for any term not exceeding three years, with hard labor.

Punishment:

404. Whenever imprisonment may by law be awarded for any Exemption from hard

offence under this Act, the Court h its discretion may direct that labor h

the offender shall not be kept to hard labor or to any labor, any law

or regulation to the contrary notvithstanding.

405. Whenever imprisonment may by law be awarded for any solitary o o ~ n a m a n t.

offence under this Act, the Court in its discretion may, by the sentence to be passed on the offender, direct that he be kept in

~olitary confinement for any portion of his imprisonment or im- risonment with hard labor, not exceeding one month at any one

p. tune, and not exceeding three months in any one year.

406. Whenever whipping may by law be awarded by the Supreme Vhipping for adult

Court for any oEence under this Act committed by any male adult above the age of sixteen years, the Court may, in addition to the other punishment awarded, set~tence the offender to be once, twice, or thrice privately whipped, and the number of strokes, not to exceed fifty at each whipping, sllall be specified by the Court in the sentence.

407. When any person being a male under the age of sixteen W ipping for boys

under sixteen yeara

years shall have been convicted of any offence under this Act, i t shall, age,

be lawful for the Court before which such person shall have been

convicted, to sentencc such offeilder, instead of or in addition to any

other

39" & 40" VTCTORIB, No. 38.

--...

The CriminaZ Law Comolidation A c t. 1 8 7 6.

PAW I x. other punishment authorized by this Act, to be once, twice, or thrice privately whipped, and the number of strokes not to exceed twenty- five at each whipping, shall bc specified by the Court in the sentence.

Whippings to be 408. All whipping shall take place within six months from the

withinisin monthe	fmmdate of sentence, passing of the sentencc.
s h e a to pmscribe 409. I t shall be lawful for the Sheriff, with the approval of the
the form of instru-
ment to be med. Governor, to prcscribc thc form and kind of instrument to be used in the whipping of offenders sentenced as aforesaid.
NO cwtiwariJ BC. 410. No summary conviction under this Act shall be quasbed for want of form, or be removed by certiorari into the Supreme Court, and no warrant of commitment shall be held void by reason of any defect therein: Provided that it be therein alleged that the person hag been convicted, and there be a good :md valid conviction to sustain the same.
Fine and auretie8for 411. Whenever any person shall h convicted of any misde-
keeping the peace.

mennor pnnishable under this Act, the Court may, in addition to or in lieu of any punishment by this Act authorized; fine the offender,

and require him to enter into his own recognizances and to find

sureties both or either for keeping the peace and being of good behaviour, and in case of any felony punishable under this Act, the

24 1. 117. F.

Court may require the offender to enter into his own recogniznnces and to find sureties, both or either for keeping the peace, in addition to any punishment by this Act authorized: Yrovided that no person shall be imprisoned for not finding sureties under this clause for more than one year.

Interpretation of 412. In the construct~on of this Act, and of all Acts wl;ttiiig ( o the

terme. crimimxl l l a w of the mid Province, heyetofore or Srcrra'itcr ro be passed, the word G indictable " shall be understood to ixean liable to prosecution by inforrnstion; the word " information " shall br understood to include " inquisition " and p~csentnwnt "; and the terms "finding of the information " shall be understood to include

the taking of an inquisition," the " exhi'uiting of an information,"

and the m a k i ~ g a presentment; " and the word person " ~ ~ h a l l be understood to include bodies politic and corporate as well as indi- viduals; and the word " property " shall be understood to include goods, chattels, money, valuable securities, and every other matter

or t b g, whether real or personal, upon or with respect to which

any affence may be committed.

Commencement of 413, This Act shall commence and takc effect on and from the

A C ~. first day of January, one thousand eight hundred and seventy-seven.

In the name and on behalf of Her Majesty, I hereby

assent to this Bill.

A. MUSGRAYE, Governor.

39' h 40" VTCTORIB, No. 38. --

______ll_-------l_ll- --

The Criminal Law Consolidaiiofi Act.-1876.

--	p-
SCHEDULES REFERRXD TO.

SCHEDULE A.

PnvZ L-dots adopting Inlpsrkd Aclr.

No. of Act. Title. atent of Repeal.

I I _	r___-_L_--._I_II_-
Au Act for adopting ccrtilin Acts of Parliament passed in the first year of the reign of Her Majesty Queen Victoria, in 'he whole,

except so far

I the Administration of Justicc in South Australia in like as regards 1

manner as otbcr 1, ~ ~ s of Englirnd are applied therein. Vic., c. 23,

i Which said Acts are as follows :- an Act to

l 1 Vic., c. 23, "An Act to abolish the Punishment of the abolish the

Pillory." punishment

1 Vic., c. 3.5, '( Au Act to amend the Laws relating to of the pillory.

Oll'enccu against the Person."

1 l. Tic.. c. 86, "An i l ~ t Eurglary ant1 Stealing iu Dwclliu<-houscs." to amend thc Laws relating to

l Tic., c. 87, "An Act to arnrnd the Lama relating to

I LZobbcry and Stealing from the Perbon."

I	1 Vic., c. 88, "An Art to amend curtain Acta relating
l

I to the crimp n l Pirary."

1 Vic., c. 89, "An Act to amenrl tllo Laws relating to

Bu~ning or Llestroyiag Buildings and Ships."

I l Vic., r. DO, "An Act to amend the Law relative to

Offcncw pullibhablo 11y Trrtusportation for Life."

l KC., c. 91, An Act for aholivliing the Punishment

of Death in certain cases."

rhe whole.

1 An Ordinancc to assimilate thc Law of this Province to the Law of England, relutivc to the l'unishmont for Malicious

Trijnries to l'ioperty hereto for^ Pimiutinble with Death;

knowing and abnsinp ally girl ~irlrlor ten years of age.

Adopting the following Acts :-

4 & C, Vic., c. 56, LbAn Act fix taking away the Punish-

ment of Denth in crrtain rasca and substituting

I other punishments in I ,cu therrof."

6 & 7 Vir, c. 10, " A n h ~ t for rcntoving doubts 55 to

the aunishlueut whirh ruav Lc awarded un&r the

pro&ms 7f an Act of t,& fourth and fifth

of Her prcsent M~jesty, "For taking

Punishment of Death in certain cases," oll'euucs therciu spt&ied."

An Ordillancr for adopting a ceitain Ac 1 of Parliament intitulcc The vhole.

" A n Act to nbollsh the I'unishm~nt of Death in cases o

Forgery," iu the Administration of Justice in South Arrs tralia, in like manner as other Law: ot England are applicc therein.

Which said Act i s a\ followu :-

1 Vic,, c. 81, L' An Act to abolish the Punishment Q

Death in certain cases."

An Ordinance for adopting crrtain Acts pasvcd in the Imperia Pnrli:lment, which was held in the k t l i and seventh ycarl	1 I	60 much of th	e
3	said Ordinanc	e

of the reign all Her RInjesty Q u e ~ u Victolin, in Ihl : as sdopts S. 2

Administ~atioo of Juvticc in South Australia, i n like mannel r and 3 of 6 &7

as other Laws of Euglaxl are applied tllercin. Tic., c. 85,

Which said Acts :m as follows :- and as. 4, 5,

B k 7 Iiic., c. 85, '.An Act for improving the Law o f 6, 7 and 8 of

Evidence." 6 & 7 %C., o.

- 96.

6 6; 7 Tic., c. DG, An Act to amenrl thc Law respect

ing Defamatory Wmds and Libel."

An Act to adopt a certaiq Act of l'ailiamcnt intitulcd ''AI The whole.

Act for further improving the Admin~stration	of Crixuina
Justice."

Which said Act is as i'ollowu :-

24 6; 15 Vic . c. 1 Do. "An A v t for firther irnl~ooin - B j

thl: hdini&t~ation of C~imiual Justice."

i

39" & 40" VICTORIB, No. 38. --S- - -- .p

--

The Crinzi?zal L a w Consolidation Act.-1 876.

No. of Act.	Title,	xtcnt of Repeal
--

,n Ordinance to provide for the Payment of Allowances to Witnesses in Criminal Casas.	The whole.
in Ordinance for the Removal of Dcfects in thc Adminiatration of Criminal Justice.	The wholc.
m Ordinance for the further amendment. of the Adminietration of the Criminal Law.	The wholc.
In Ordinance to amend the Lam of the Province of South Australia relative to Larceny and other offences connected therewith.	The whole.
i n Act to altcr the Fees payable to Witnesses in Criminal	The whole.

Casca.

in Act to provide for the trial of offeudera, without the intcr- The whole.

vention of Gritnd Juries.

Pn Act to make further provision for the Administration of Justice in respect of offences committed by the Aboriginal iSatives of South Auatralia.

The whole.

i n Act to amend the Criminal Law.

The whole.

crccpt a. 1

previously

repealed by I

of 1869-70,

and 14 (atill

in force.)

An Act to make provision f r x the more cffectnal protection ol Railwaytr and Electric Telegraphs.

The whole.

An Act to regulate the Erecution of Criminals.

The whole.

An Act for consolidating the Statute Law in force in Saut'k

The whole.

Australia relating :o Indictable Offences of a public nature An Act for consolidating the 8tatuto Law in fozcc in Soutk

The whole.

Australia relating to acccrrsorics to, and abettora of, Icdict. able Offcnces.

An Act fcr conrolidating the Stntute Law i n forcc in Soutt Australia rc~eting T i e wholo.

to Indictable Offcnces agrtinst Property

by lmceny and other offences connected therewith.

An Act for consolidating the Statute Law in forcc in Soutt Australia rtlating to indictable O&ncee (not being Treason The whole.

against Her Majesty the Quwn ~ n d PIer Government.

An Act for consolidating the Statute Law i n force in So1it2 Au~rralin

The whole.

elating to Criminal Procedurt by Indictment o

Informat~on by the Attornet -General, by v i r~ue of the Ac

No. 10, o f the yew 1852, intituled " XII Act to provilie fo

+he trial of offender8 without thc interveuticn of (;ran(

Juries."

An Act for consolidating thc Statute Lam in force in Soutl Australia relating to Indictable Offeuccs by Forgery.	The whole
A n Act for consolidating the Statutc Law in forcc in Soutl Australia relating to I~diotable Offeoce;~	The whole

against Propert

by Malicious Injuries.

An Art for consolidating the Statute Lam in force in Soutl Australia relating to Indict,ahlc Ofenccs againet the Person	The whole
An Act to amend an Act, No. 23, of 22 Victoria, intituled " A	The whcle

Act to regulatc the Execution of Criminals."

An Act to amend an Act fir consolidating the Statute Law i The whole

force in South Auatrrlia relating to Crirn~nal Procedure b Indictment or Inb rmation by thc Attcmey-General, b virtue of an Act, No. 10, of thc year 1852, intituled " A Act to prmide for tho trial of offenders without the inter vention of' Grand Juries!'

An Act to make provision for the Punishment of Frauds corn

mitted by trustees, bankers, and other persons entruste

with property.

The wholc

An Act for the furtllrr security of the peraons of Her Mgjesty' eubjects fiom Personal Violence and for other purposes.

The whole

An Act to fimend the Law relating to Assaults.

The' whole

An Act to amend the Lnw relating to the Punishment of cel

tain Offences against Wumen and Children, and to facilita~

the reception of evidence in certain cases, and for otht

purposes.

The whole

R.

39" & 40" 'STICTORIrE, No. 56.

Tke Chninal Law Ci.asol.idnt.ion Act.-1876.

SCHEDULE B.

1, , being the Medical Officer in attendanoc on

the execution of , at the prison at, do

hereby certify and declare that the said was, in pursuance of

the sentence of the Court, hanged by the neck until his body was dead.

Given under my hand this clay of in the year of our

Lord, one thousand eight hundred and at the said prison.

Medical Officer.

SCHEDULE C.

We, the undersigned do hereby testify and declare that we have this d y been present at the prison when the extreme penalty of the law was carried

into execution on the body of convicted at the Criminal Sessions

the Supreme Court the Circuit Court as the case muy b e ], held on the day

of , and sentenccd to death, and that the said was

in pursuance of the said sentence, hanged by his neck until his Body was dead.

Dated this day of A .D., 18 , at the said prison.

Sheriff. Gaoler. Turnkey.

Constables.

Justices of the Peace.

Other spectators.

SCHEDULB D.

In the Suprenie Court. '

Criminal Jurisdiction. This is to certify that I decline to file any information against A.B,, a person

lawfi l ly committed for trial at the Criminal Sessions to be held at upon

a charge of Lstate cliarys]. Given under my hand this day of 18.

Attorney-Geqeral.

To their Honors the Judges of t,he Supreme Court. SCHEDULE E.

In the Supreme Court, '

Criminal luriadiotion. I Whereas A.B. is detained in your custody under a warrant upon a charge of

in certijicate], and i t has been certified to the Judges of this Caurt by Her

ajesty'a Attorney-General that he declines to file any infnrmation against the said

A.B. for tbe aid offence, you are therefore hereby required forthwith to discharge

the said A.%. from your custody under the said warrant. Given under my hand this

day of 18.

A Judge of the Supreme C~urt.

To the Sheriff and to the Keeper of

Her Majesty's Prieon at

106 39" & 40" VICTORI2E, No. 38.

The Griminat Law Consolidation A c t. 1 8 7 6.

SCHEDULE F.

Form of summons to

#how why Victoria by the Grace of God, &c.

finee, &C., should not To our Sheriff of South Australia,

be levied by procesa

W e command you to demand of the several persons named in the Schedule here- under written [or annexed hereto, as the case may be1 the several fines, forfeitures, and sums of money set against their respective names as due to us for the several causes specified in the said Schedule, and that you summon such of them as shall make default in payment thereof to appear before our Supreme Court at Adelaide, on the

of the Court.

day of f t h e j r s t day of Term) at

o'clock in the forenoon, then and there to show cause ~vhy the same should not be levied by process of the Court, and have there then this writ, and all sums of money

received by you in pursuance thereof.	Witness, &c.	.- -.
(Seal).

(Signed)

Chief Clerk of the Supreme Court.

Schedule referred to.

games of Persons af whom Fine8 and .mount of sums to be Causes of Fines and Forfeitures.

Forfeitures are to be demanded. demanded.

John Doe.. .. .. ... . . .. .. ., .. . Forty Pounds. For so much money, acknowledged by

him to bo due to us by a certain re-

cognizance entered into by

on the day of

under a condition that should appear at the then next Criminal Sessions of the Supreme Court to answer to an information to be pre- ferred against him for a certain felony,

and forfeited by reason of the non-

appearance of the said

according to the aaid condition,

Robert Dodd . . . . . . . . . . , . . . . ,, Ten Pounds. For fine iuyosed upon the aaid Robert Dodd, for hi^ default, in not appearing

as a juror at the last Criminal Sessions

of the Supreme Cot~rt.

(Signed)

Chief Clerk of the Supreme Court.

SCHEDULE G.

Form of the demand To of

the On behalf of Her Majesty, I hereby demand of you the payment of the sum of

set out the cause of tAe$ne or forfeiture as in the Schedule to the Writ of

Summons and in default of your paying the same to me before the

day of fthe return of the writ) a t ten of the clock in the fore- \

noon, then and there to shew cause why the same should not be levied by process of

the Court.

Given under myPand and seal of office the day of 18 .

Sheriff.

,

SCHEDULE H.

39" & 40" VICTORIE, No. 38.

The Criminal Law Consolidation Act.- 1876. ---W- -

- -	-	-- - -
SCHEDULE H

Victoria, &C. To our Sheriff of South Australia, greeting.	Form o f writ of $cvi
facias to levy fines,

We command you that of the goods and chattels, lands and tenements, of the &C.

several persons named in the Schcdule hereto in your bailiwick, you cause to be made

the several sums of money set against their respective names as due to us for the

several causes mentioned in the said Schcdulc, and whereof they are severally con-

victed, as appears to us of record and have the said scveral sums of money in our ,

said Supreme Court o n the day of' to be rendered to us,

and have there then this writ. TTitnew, &c.

(Signed)

Chief Clerk of the Suprcme Court.

Schcdule reterred to

SCHEDU1,E 1.

yictoria, &C.	Form nf' writ of capiar
ad sati!ficimhm for

To our Sheriff of South Australia, greeting. the rwnvery of fine?,

Ilrhereas by our writ wc lately co~nrnanded !ou that of thc goodq and chst tc~l~,

lands and tencrnents, of the several persons named in tlie Schedule hereto in your bailiwick, you should cause to be made the several sums of money set against their respective namcs as clue to us for the sevcral causes mentioned in thc said Schedule, and you the said Sheriff, at a certain day now past, returned to us that the said several persons had no cffccts in your bailiwick whereof you could cause to be made the several sums of money or any part thereof. Therefore we command you that you take the said several persons and safcly kecp them so that you may have thcir bodies

before our Supreme Court at Adelaide, on the day of

to ~atisfy us the said several sum3 of money alPoresaid, and have you there then this

writ. (Signed)

Chief Cl~rk of the Suprcme Court.

Schedule referred to

- - -

Adelaide: R;p authority, W. C. Cox, Government Printer, North-terrace,