Larceny Act 1859 (SA)

ANNO VICESIMO SECUNDO ET VICESIMO TERrI'IO

V I C T O R I B REGINB.

A. D. 1859.

No. 4.

An A c t fir consolidating the &'tat?& Law in- force in Smth Australia,

r e ~ & f ! ~ to Imlictable Oferxes agailzst Property, by Larceny and

other Ofences connected tl~erezoith.

[Assented to, 1st Septcniber, 1869.1

HRREAS it is expedient to amend and consolidate the Statute PreamM~.

Law in force in the l'rovince of South Australia, relating to offences against property, by larceny ancl other offences connected therewith, punishable upon indictment or information-Be it there- fore Xnacted bp the Governor-in-Chief of the Province of South Sust~alia, with the advice and consent of the Legislative Council ancl Rouse of Assembly of the said Province in this present Parliament assembled, its follows:

G

_Is to simple larceny:

1. Whosoever shall be convicted of simple larceny, or of any Punishment for eim-

felony hereby made punishable like simply larceny, shall (except ;lilr~z; c. 29.,

in the cases'hereinafter otherwise provided for) be liable, at the a, 4. 12 & 13 Vict., c. 11,

discretion of the Court, to be imprisoned for any term not exceeding

l.

two years, with or without hard labor, and with or without solitary

confinement.

2, It shall bc lawful to insert sevcral counts in the same inclict- Indictmnt for lu r - reny, scveral countn.

rnent against the same pcrson for any number of distinct acts of 14 Er. yict.,

stealing not cxcceding three, which may have been conlmitted by 8. ' 6,

him against tllc same person within the space of six months from the first to the 1:tst of such acts: and to proceecl thereon for all or any of

them. 3. If

Indictmentwl-erc

taking hilv h e w at	3. If upon the trial of any indictment for larceny, it shall appear one time was taken at different times, the prosecutor shall not by reason thereof be required to elect upon which taking he will proceed, unless it shall appear that there were more than three takings, or that more than the space of six months elapsed between the first and the last of such takings; and in either of such lastmen* tioned cases, the prosecutor shall be required to elect to proceed for such number of takingx, not exceeding three, as appear to llave taken place within the period of six months from the first to the last of such takings.
diflerent times.	that the property alleged in such indictment to have been stoleii at
14 and l5 Vict., c.
100, S. 17.
Larceny, after two

summary convictions. 4. Whosoever sIrall commit the offence of simple Iarceny, or any

12 and 13 Vict., C.	offence made punishable like simple larceny, after having been
11, S. 3.	twice summarily convicted of any of thc offences now punislmble upou
7 and B C. 4, c 20.	summary conviction, under the provisions contained in the Act of thc Session of' the seventh and eighth years of King Gcorge the Fourth, chapter twenty-ninc, or the ,4ct passed in South Australia in the pear one thousand eight hundred and fifty, KO. 3 (whether each of the convictions shall have been in respect of m off'ence of the same description or not, and whether such convictioils or either of them shall have been or shall be before or after the passirig of this Act), s l d l be guilty of felony, and being convicted thereof, shall bc liable, at the discretion of the Court, to be imprisoned for the term of

and G.4, c.29,fls. four years, or for any less term, with or without hard labor, and

3, 4.

with or without solitary or separate confinement.

As to larceny of cattle or other animals:

Skaling horacs, cows,

sheep, &C., or killing 5. TYhosoever shall stcal any horse, mare, gclding, colt, or filly,

them with intent to	OX any bull, cow, ox, heifer, or calf, or any ram, ewe, sheep, or lamb,
stdal.
7 and 8 G. 4, c. 29, s.	or shall wilfully kill any of such cattle with intent to steal the car-
28.	case or skin or any part of the cattle so killed, shall be guilty of felony, and being convicted thewof, shall be liable, at the discretion
2 and S W * 4, c. 6%
E. l,:	of the Court, to be inlprisoncd for any term not exceeding eight

I I c. go, ss. 1, 3. years, with or without hard labor, and with or without solitary

9 and l 0 Vict., C. 24, confinement.

S. 1.

Hunting, killing, or 6. Whosoever shall unlawfully and wilfully snare or carry away,

wounding deer in in- 1

closed lands. or kill or wound, or attempt to kill or wound, any deer, llama,

7 and G. 4, c- 29,

a. 26.	or alpaca kept or being in any enclosed land wherein deer, llamas,
M. S. 3.	or alpacas shall be usually kept, shall he guilty of felony, and being

l2 and l3 Vict.~ c. convicted thereof, shall be imprisoned for any term not exceeding

Y. 1.

eight years, and with or without solitary confinement.

Taking fish in water

$joining to a dwcll-	7. Whosoever shall unlawfully and wilfully take or destroy any ing to the dwelling-house of any person being the owner of such water, shall bc guilty of a misdemeanor: Provided that
mg-home.	fish in any water which shall be in any land adjoining or belong-
7 and s G. 4, c. 29,
S, 34.

nothing

nothing herein contained shall extend to any person angling in the

daytime.

8, Whosoever shalI steal any oysters, or oyster brood, 03: oyster stealing or dredging for oyatcrs in oyster

spat from any oyster bed named in any such licence as is mentioned fisherie,

in the Act of this Colony, number I d of the year 1853, intituled k a t 4 . : : : ; p

,4n Act to encourage the formation of beds and to protect the

same," or being the broperty of any other person, and 'sufficiently

masked out or known as such, shall be guilty of larceny, arid being convicted thereof', shall be punished accordingly; and whosoever shall unlawfully and ~vilfully use any dredge, or any net, instrument, or engine whatsoever, within the limits of any such oyster fishery, for the purpose of taking oysters or oyster brood, although none shall be actually taken, or shall with any net, instrument, or engine drag upon the ground or soil of any such oyster bed or fishery, shall be guilty of a misdemenor, and bcing convicted thereof, shall be pnished by fine or imprisonment, such fine not to exceed Twenty Younds, and such imprisonment not to exceed three calendar months, and to be with or without hard labor, and ~ i t h or without solitary coilfinernent; and it shall be sufficient in any indictnxnt to describe cither by name or otherwise the bed, laying, or fishery in which any of the said offences shall have been committed, without stating the same to be in any particular township, or other locality: Provided that nothing in this section contained shall prevent any person from catching or fishing for any floating fish within the limits of any oystcr fishcry with any net, instrument, or engine adapted for taking floating fish only.

9. \\%osoever slid1 steal any dog, after having been summariIy Stealing a dog, mend offence.

convicted of stealing any dog, either before or after the passing of 8	9 Vict., c, 47,
thereof, shall be punished by fine or imprisonment, or both, as the
this Act, shall be guilty of a misdemeanor, and being convicted B. 2- cighteen months, and to be with or without hard lnbor.

10. V any dog, or the skin of any dog, shall have been found in ~; $ ~ ~ ~ ~ ~ ~ $

the possession or on the premises of any person, by virtue of any search B C C O ~ ~ o&enec.

\va~rant, such person kriowing that the dog has been stolen, or that :.p" c* "?

t,hc &in is the skin of a stolen dog, and such person shall have been summarily convictcd of such offence, cither before or after the pass- ing of this Act, and shall afterwards be guilty of any such offence, he shall be guilty of a misdemcanor.

l l. Whosoever shall corruptly take any money or reward directly Receiving money to restore stolen dog.

or indirectly, under pretence or upon account of aiding any person 8 U I I ~

Q Vict., C. 47,

to recover any dog which shall haw been stolen, or which shall be E. 6.

in the possession of any person not being the owner thereof, shall be

guilty of a misdemeanor.

As to larceny of valuable securities:

12. Whoesoever shall steal any tally, order, or other security Rund@,bill~,note~,&r., 7 and 8 G, 4, c, 29,

whatsoever #,F,.

whatsoever, entitling or evidencing the title of any person or body corporate to any share or interest in any public stock or fund, whether of the said Province, or of any other part of 13er Majesty's dominions, or of any Foreign State, or in any fund of any body corporate, company, or society, or to any deposit in any savings bank, or shall steal any debenture, deed, bond, bill, note, warrant, order, or other security whatsoever for money or for payment of money, whcther of the said Province or of any other part of Her Majesty's dominions, or of any Foreign State, or shall steal any warrant or order for the delivery or transfer of any goods or valuable thing, shall be guilty of felony, of the same nature and in the same degree, and punishable in the same manner as if he had stolen any chattel of like value with the share, interest, or deposit to which the security so stolen may rclatc, or with the money due on the security so stolen or secured thereby and remaining unsatisfied, or with the value of the goods or other valuable thing mentioned in the warrant or order; and each of the several documents in this section before enumerated shall throughout this Act be deemed for every purpose to be included under and denoted by the words " valuable security."

Deeds, &C., relating

to real property.	13. MThosoever shall steal any paper or parchment, written or title, or of any part of the title to any real est'ate, shall be guilty of a misdemeanor, and being convicted thereof, shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding four years, such imprisonment to bc with or without hard labor, and with or without any fine in addition thereto, and with or without solitary confinement; and in any indictment for such offence, it shall be sufficient to allege the thing stolen to be evidence of the title, or of part of the title, of the person, or of some one of the persons having a prescnt interest, whether legal or equitable, in the real estate to which the same relates, and to n~ention such r ed estate, or some part thereof; and it shall not be necessary to allege the thing stolen to be of any value.
7 & 8 G. 4, c. 29, ss.	printed, or partly written and partly printed, being evidence of the
4, 23.

Wills or codicils. 14. Whosoever shall, cither during the life of the testator, or after

7 & 8 G. 4, c. 29, ss,

4, 22, 24. his death, steal, or for any fraudulent purpose destroy or conceal,

misdenieanor, and being convicted thcreof, shall be liaLlc, at the

any will, codicil, or other testamentary instrument, whether the same shall relate to r e d or personal estate, or to both, shall be guilty. of a

discretion of the Court, to anv of the ~mnishments in the last preceding section mentioned; nna it shall &ot, in any indictment for such offence, be necessarv to allege that such will, codicil. or other instrument, is the prope~t:ty of an; person, or that the same'ia of any

be affected.

Otherrcmcdiesnott0 value: Provided that nothing in this or the last preceding section

7 g: 8 G. 4, C. 29, e. mentioned, nor any proceeding, conviction, or judgment to be had or 24. taken thereupon, shall prevent, lessen, or- impeach any remedy at Law or in Equity, which any party aggrieved by any such offence might or would have had if this Act had not been passed; but nevertheless, the conviction of any such offender shall not bc received in evidence in any action at Law or suit in Eqnity against him; and

no

no person shall bc liablc to bc convicted of either of the inisdenlea- nors in this and in thc last prcwding sc~tion n~entioncd, by any evidence whatever, in respect of tiny act done by him, if he shall at any time prcvioi~sly to his being indicted for such offence have disclosed such act, on oath, in consequence of m y coml~ulsory

process of any Court of Law or Equity in any action, suit, or proceeding which shall have been bond$de instituted by any party aggrieved, or if he shall have disclosed the same in any examix~ation

or deposition before any Commissioi~ers of Bankrupt.

As to larceny of things attached to or growing on land:

15. Whosoewr shall steal, or rip, cut, or break with intent to ~~~a~xf~;;~h;$

steal, any glass or mooclworli belonging to any building wvllatsoeves, or land.

'3 297

or any leid, iron, copper, brass, or other metal, or any utensil m :,:2

fixture, wllctl~er made of metal or other material, respectidy fixed

in or to any building whatsoever, or anything ruade of mctal fixed in any land being private property, or for zl fence to any dwelling house, gardcn, or area, or in any square, street, or other place dedicated to public use or ornamcnt, shall be guilty of felony, and being convicted tlrercof, shall be liablc to be punished us in the case of simple larceny; and in the case of any such thing fixed in any square, street, or other like place, i t shall not bc necessary to allege the same to be the property of any person.

16. Whosoever shall stcnl, or slid1 cut, break, root up, or other- Trees in ylcasuro

wise destroy or damage with intent to stcal, the whole or any part of ,,l,,,,ffiveShillings, groondc, if of the

any tree, sapling, or shrub, or any un?lerwood, respectively gowing or e1sl:whcw if of the valuc of 0110 Pound.

in any pleasure ground, garden, orchard, or avenue, or in any ground & G. 4, c, 2D, ns.

adjoining or belonging to any dwelling house, shd l (in case the value	% 3 $ -
of the article or artlcles stolen, or the amount of the injury done, shall exceed the sum of Five Shillings), be guilty of felony, and being convicted thereof, shall be liable to be punished as in the case of simple larceny, and whosoever shall steal, or shall cut, break, root up, or otherwise destroy or damage with intent to steal, the whole or any part of any trec, sapling, or shrub, or any ~inderwood, respec-
tively growing elsewhere than in any of the situations in this section

beforc mentioned, shall (in case the value of the article or articles

stolen, or the amount of the injury done, shall exceed the sum of One Pound), be guilty of felony, and being convicted thereof, shall be liable to be punished as in the case of simple larceny,

17. Whosoever shall stcd, or shall cut, break, root up, or other- Trcrs, &o., of the

wise destroy or damage with intcnt to steal, the whole or any part of ~ ~ ~ ~ ~ ~ ~ ~ 2 ~. 9 h i 1 1 i 1 1 ~ )

any tree, sapling, or shrub, or any underwood, wheresoevcr the same 7 & 8 G. 4, r. In, ss.

may be respectively growing, the stealing of such article or articles, 4, 39.

or the injury done, being to the amount of a Shilling at the least, after having been twice summarily convicted of any of the offences

in this section before mentioned (wkcther all the said offences be of the same description or not, and whether both or either of such

summary convictions shall have taken place before or after the passing of this Act,) shall bc guilty of felony, and being convicted

R thereof

thereof, shall be liable to he punished as in the case of i~lzple

larceny.

Plants. fruits. &cc, in

garde&, second '	18. Whosoever shall steal, or shall destroy or damage with intent any garden, orchard, nursery ground, hothouse, greenhouse, or conservatory, after having been summarily convicted of any of the offences in this section before mentioned (whether such second offence be of the same description as the first or not, and whether such summary conviction shall have taken place before or after the passing of this Act), slmll be guilty of felony, and being convicted thereof, shall be liable to be punished as in thc case of simple larceny.
offence.	to steal, any plant, root, fruit, or vegetable production, growing in
7 & 8 Cf. 4. c. 29, ss.

As to larceny from mines:

Ore ofmetd,coal, &c, 19. \Vhosoever shall steal, or sever with intcnt to steal, the ore of any metal, or any lapis calaminaris, manganese or mundick, or any wad, black cawke, or black lead, or any coal or cannel coal, from any mine, bed, or vein thereof respectively, slrrall be guilty of felony, and being convicted thereof shall be liable to be punished as in the casc of simple larceny.

O & 8 G. 4, c. 29,	ss.
4, 37.

As to larceny from thc person, and offences of tlmt description:

Robbery or stealin@;	from the person. 20. TYhosover shall rob any pcrson, or shall steal any chat tcl,
1 T7ict, a. 87, ss. 4 1 0. moncy, or valuable security from the person of another, shall bc

guilty of felony, and being convicted thereof, shall bc liable, at the discretion of the Court, to be imprisoned for any tern1 not cxcwding eight years, with or without hard labor, and with or without solitary confinement.

On trial for robbery,

jury may convict of 21. If upon the trial of any person upon any indictment for

an assault with intent	robbery, it shall appear to the Jury upon the evidence, that the
to rob.
14 and 16 Vict., c.	defendant did not commit the crime of robbery, but that he did

100, S. 11. commit an assault with intent to rob, the dcfcndunt shall not by

Assault with intent reason thereof be entitled to be acquitted, but the Jury shall be at

liberty to return as their vmdict, that the defendant i; guilty of an

assault with intent to rob; and thereupon such defendant shall be liable to be punished in the same manner as if he had been convicted upon an indictment for feloniously assaulting with intent to rob; and no pcrson so tried, as is herein lastly mentioned, shall be liablc to be afterwards prosecuted for an assault with intent to commit the robbery for which hc vas so tried.

Assault with intent

to rob. 22. Whosoever shall assault any person with intent to rob shall be guilty of felony, and being convicted thereof, shall (save and

, , 7, ,

20. exccpt in the cases where a greater punishment is provided by this Act) be liable, at the discretion of the Court, to be imprisoned for any term not exceeding three years, with or without hard labor, and with or without solitary or separatc confinernent.

23. Whosoever

23. Whosoever shall, being armed with any offensive weapon or instrunient, rob, or assault with intent to rob, any person, or shall,

by a person armed,, o r

Robbery or as~aul t

by t ~ o or more, or

robbery and striking.

together with one or nlorc other person or persons, rob, or assault

1 Viet., c. 87, ss. 3,

with intent to rob, any person, or shall rob any person, and at the

10.

time of, or im~ncdiatcly before, or immediately after such robbery, shall beat, strike, or use any other personal violence to any person, shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be imprisoned for life, or for any

less term, with or without hard labor, and with or without solitary or

sepmatc confinement.

24. VCrhosoever shall rob any person, and at the time of or imme- diately before, or immediately after such robbery, shall stab, cut, or

or wounding.

Robbery and cutting

1 Vict. Q. 87, a. 2.

wound any person, shall be guilty of felony, and being convicted

thereof, shall suffer death as a felon.

25. Whosoever shall knowingly send or deliver any letter or Letter denlanding money, &C., with

writing demanding of any person with menaces, and without any

reasonable or probable cause, any chattel, money, or valuable security, 4,	7	8. 8 G. 4,	299
shii11 bc p i l t y of felony, and being convicted thereof, shall be liable, at the cliscrction of the Court, to be imprisoned for life, or for any less term, mith or without hard labor, and with or without solitary confinement.

26. Whosoever shall, mith menaces or by force, demand any Demandingmoney,

chattel, money, or valuable security uf any person, with Intent to $ i ~ ~ ~ ~ C t " ~ ~ ~ s ~	stcal thc same, shall be guilty of felony, and being convicted thereof, intent to steal.
shall be liable, at the discretion of the Court, to be imprisoned for 1 Viot., r. 87, S. 6.

any term not excceding three years, with or without hard labor, and

with or wit*hont solitary confinement.

27. Whosoever shall knowingly send or deliver or utter to any Letter thre~teningto accuse of crime, or to

other person any letter in writing, accusing or threatening to accuse kill or burn, &.c,, with

either the person to whom such letter or writing shall be sent or de- intent to extort. 10 & 1 1 Vict., c. 66,

livered, or any other person, of any crime punishable by law with, l.

death, or imprisonment with hard labor for a longer period than 7 & 8 G. 4, ~. 291

ss, 8 ,9.

two years, or of any assault with intent to commit any rape, or of any attempt or cndcavor to commit any rape, or of any inf'amous crime as hereinafter defined, with a view or intent to extort or gain by means of such letter or writing any property, chattel, money, valuable security, or other valuable thing from any person whatever; or any letter or vriting threatening to kill or murder any person, or to burn or destroy any house, barn, or other building, or any rick or stack of grain, hay, or straw, or other agricultural produce, shall be ,quilty of felony, and being convicted thereof, shall be liable, at the discre- tion of the Court, to be imprisoned for life, or for any less term, with or without hard labor, and with or without solitary or separate confinement; ancl for defining what shall be an infamous crime

within the meaning of this Act-Be it Enacted, That the abominable Infamous crime

crime of buggery, committed either with mankind or with beast, defined.

and

and every assault with intent to commit the said abominable crime, and every attempt or endeavor to commit the said abominable crimc, and every solicitation, persuasion, promise, or threat offered or made to any person whereby to move or induce such person to commit or permit the said abominable crime, shall be deernod to be an infamous crime within the meaning of this Act.

Accusing, or threaten-

to accuse, with intent 28. Whosoever shall accuse or threaten to accuse either the person

to extort.	to whom such accusation or threat shall be made, or any other
10 & 11 Vict., c. GG,
S, 2.	person, of any of the crimes in the last preceding section specified,
7 & 8 G. 4, c. 29, S. 8.	with thc view or intent, in any of the cases last &rcsaid, to extort or gain from such person so accused or threatened to be accused, or from any other person whatever, any property, chattel, money, valuable security, or othcr valuablc thing, shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to any one of the punishments in thc last preceding section mentioned.
Threatening to pub

lish a libel with 29. Whosoever shall publish or threaten to publish any libel upon

intent to extort.	any other person, or shall directly or indirectly threaten to print or
6 & 7 Vict., c. 96, S. 3.	publish, or shall directly or inPirectly propose to abstain from print-
ing or publishing, or shall directly or indirectly off'er to prevent the
printing or publishing of any matter or thing touching any other person, with intent to extort any money or security for money, or any valuable thing from such or any othcr person, or with intent to induce any person to confer or procure for any person any appoint- ment,, or office of profit or trust, shall, being convicted thereof, be liable, at the discretion of the Court, to be imprisoned for any term not exceeding three years, with or without hard labor.

As to sacrilege, burglary, and housebreaking:

Burglary.

1 Vict., c. 86, ss. 3, 4, 30. Whosoever shall be convicted of the crime of burglary shall

7. be liable, at the discretion of the Court, to be imprisoned for life,

or for any less term, with or without hard labor and solitary or

separate confinement; and so far as the same is essential to the

offence of burglary, the night shall be deemed to cornmence at

nine of the clock in the evening of each day, and to conclude at six

of the clock in the morning of the next succeeding day.

Burglary by breaking

out. 31. Whosoever shall enter the dwelling-house of anothcr with intent to commit felony, or being in such dwellinghouse shall com- mit any felony, and shall in either case break out of the said dwelling- house in the night time, shall be deemed guilty of burglary.

7 & 8 G. 4, c. 29, S. 11.

Burglary and attempt

to murder, &c.	32. Whosoever shall burglariously break and enter into any dwelling-house, and shall assault, with intent to murder any person being therein, or shall stab, cut, wound, beat or strike any such person, shall be guilty of felony, and being convicted thereof, shall suffer death as a felon.
1 Yict,, c. 86, S. 2.

What building within

33. No building, although within the same curtilage with any clwclling-house, and occupied therewith, slmll be deemed to be part

thc curtilago shall Ire

dwelling house.

decnied part of the

of such dwelling-house for any of the purposes of this Act, unless

7 & 8 Gco. 4, c. 29,

there shall be a copmunication between such building and d~vclling-

S. 13.

house, either immediate or by means of a covered and illclosed

passage leading from the one to the other.

Breaking and entering.

34. Whosoerer shall break and enter any building, and steal tlmcin any chattel, money, or valuable security, such building being

building within the

cmtilage which is not

part of the dwclling

within the curtilagc of a dwelling-house and occupied thcrcwith, but

homn.

not being part thereof according to the provision in the last yrccccling

7 & R G. 4, c. 29, S. 14.

section mentioned, shall be guilty of felony, and bving convicted

1 Vivt., c. 00, as. 2, 3.

thereof, either upon an indictment for the same offcwx, or upon a11 indictment for burglary, housebreaking, or stealing to the value of Five Pounds in a dwellinghouse, containing a scparate count for such offencc, shall be liable, at the discretion of the Court, to be imprisoned for a term not exceeding cight years, with or without hard labor, and with or without solitary or separate confincmcnt.

35. Whosoever shall break and cnter any church or chapel, and steal therein any chattel, or having stolen any chattel in any dulrch

a chnrch or chapel.

Breaking and entering

7 & X L;. 4, c. 29, S. 10.

5 & 6 W. 1, c. 81.

or chapel, shall break out of the same, shall be guilty of felony, ancl

6 h 7 W. 4, c, L

being convicted thereof, shall bc liable, at thc discretion of the Court, to be ir~iprisonecl for life, or for any less term, ancl with or without hard labor and solitary or separate confinement.

36. Whosoever shall break and enter anv dwellinrr-house, and shall steal therein any chattcl, money, or v ~ l u d ~ l e " Housebreaking an& stcaling.

security tb m y 7 L % 8 G. 4, c. 29, B#.

12. 13.

value whatever, shall Ge ,guiltyhf feloiy, and being oonvictecfthereo& l qic t c 90 S 1

shall be liable, at the discretion of the Court, to be in~prisoned cE

4, L.

for n terin not exceeding cight years, with or without hard labor, ancl 4 2.

with or without solitary or separntc confinement.

37. Whosoever shall break and enter any shop, warehouse, or Wcalring andentering

counting-house, and steal therein any chattel, money, or valuable """7 nnd stealing. ' v u r e h o u s ' ~ ~ c ~ ~

be liable, at the discretion of the Court, to be imprisoned for a term l Vict., c. 90, ss. 2, 3 security, s h d be guilty of felony, and being convicted thereof, shall 7 6: s G, 4, c. 29, s. U.

not exceeding eight years, with or without had labor, ancl with or

without solitary or separate confinement.

38, Whosoever shall be found by night armed with any dangerous Being armed with irltont to break and

or offensive weapon or instrument whatsoever, with intent to break ent;cr,

:5,.Vict*~ c. 19,

to commit any felony therein, or shall be found by night having in	or enter into any dwelling-house or other building whatsoever, and ::
his possession without lawful excuse (the proof of which excuse shall
lie on such person) any picklock key, crow, jack, bit, or other im- plement of housebreaking, or shall be found by night having his facc blackened or otherwise disguised, with intent to commit any felony, or shall be found by night in any dwellinghouse or other building whatsoever with intent to commit any felony therein, shall bc guilty
of n misdcmennor, and bcing convicted thereof', shall bc liablr, at thc

I ciiscrction

discretion of the Court, to be imprisoned for any term not exceeding three ycars, with or without hard labor; ancl thc time at which thr: night shall commence and conclude in m y offence against thc provisions of this section shall be the same ns in cases of bur- glar%

Thcr*c aftFr a pre-

vious conviction for

39. Whosoever shall be convicted of any sue11 misclenlcanor as irr viction, either for felony or such misderncanor, shall on such subsc- quent conviction, be liable, at the discretion of the Court, to be im- prisoned for any term not exceeding six years, with or without hard labor; and in any indictment for such misdcmennor, conmittcc1 after a previous con~~iction as afo'oresaid, it shall be sufficient to state. that the offender was at a certain time and place convicted of felony or misdemeanor against this Act, without otherwise describing Ihc previous felony or misdemeanor; and a certificate containing the substance and effect only (omitting the formal part) of the indictment

felony, &C.

the last preceding section mentioned, committed after a previous con-

l4 & 15Vict.7	c- 19,
a. %

and conviction for thc previous felony or misdemeanor, purporting to

be signed by the Clerk of the Court or other officer having the custody of the records of the Court tvhere the offender was first coil- victed, or by the deputy of such clerk or ofTicer, shall, 11pon proof of the identity of thc person of the offender, bc sufficient cviilcncc of the first conviction, without proof of the signature or official cllaractcr

of the person appearing to haw signed the same,

As to larceny from the house:

Siealing in a dwell- 40, Whosoever shall steal in any rlweLli~g-ho~~se any chattd,

ing-house to the valua money, or valuable security, to the vttluc in the wl~ole of Five T'omds

ofFivo pounds.

7 & 8 G. 4, c. 291 ss.

12 13. or more, shd3 Fe guilty of felony, and bcing corn-icted thercof, shall

I {rid. c. 90, ss, 1,3. be liable, at the discretion of the Court, to h impl-isoncil for n tcrm

a W. 4,c.627B-1. not exceeding eight years, with or without hard labor, and with or

without solitary or separate confinement.

StenWinadwelW- 41. Whosoever shall steal any chattel, money, or valuable security

ho~tst., any pcrson

therein bchg put in to any V ~ U C whatever, in any dwelling-house, and shdl by any

fear. BB. 6, 7. menace or threat put any onc being therein in bodily fear, shall ba

1 Vict., c. 86, guilty of felony, and being convicted thercof, shall be liable, at the discretion of the Court, to be imprisoned for a term not escccding eight ycars, with or without hard labor, and without solitary or scpa- rate confinement.

As to larceny from manufactories:

Stealing goods in pro-	42.	Whosoever shall steal to the value of Ten Shillings, any goods
eess of ninuhcturc.

7 8 G. 4, c. 29, O r EL~tide of silk, woollen, linen, or cotton, or of any one or more of

16. 1 Vict., c. 90, ss, 2, 3. those materials mixed with each other, or mixed with any other

material, whilst laid, placed, or exposed, during any stage, process, or progress of manufacture, in any building, field, or other place, shall be guilty of felony, and being convicted thereof, shall be l iabl~,

at the discretion of the Court, to be imprisoned for a term not cx- ceediag eight years, with or without hard labor, and with or without solitary or separate confinchmcnt*

A6

As to larceny from sl~ips, wharfs, &c,:

43. Whosoever shall steal any goods or merchandize in, or slcaling fromshlpy, doclru, wharfs, &c,

any of the gcar, fittings, or other articles bclongiug to any vessel, 7 s- s o. 4, c. 29,

barge, or boat of any description whatsoever, in any port of entry or :7+i,t,, ,.

, , 2,

discharge, or upon any navigable rivcr or canal, or in any creek be- longing to or communicating with any such port, rivcr, or canal, or shall steal any gooils or nierchandize from any dock, wl~arf, or quay adjacent to any sucll port, river, canal, or creek, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion

of the Court, to be inlprisoned for any term not excccchg eight

years, with or without hard labor, aid with or without solitary con-

finement.

44. Whosocver shall plunder or steal any part of any ship or stealing from a ship

vessel which shall be in distress, or wrecked, stranded, or cast on & ~ ~ ~ ~ ~, ~ ~ $:	shore, or any goods, merchandize, or articles of any kind belonging
to such ship or vessel, shall be guilty of felony, and being convicted thereof s h l l bc liable, at the discretion of tho Court, to be impri- soned for any term not cxceecling cight years, wit11 or withont lmrd
labor, and with or ~Vithont solitary confinement: Provided, that when 7 s: 8 C;, 1, (. 29, .h
articles of small value sliall be strandcd or cast on shorc, and shall be H.
stolen, withoot circumstances of cruelty, outra~e, or violuncc, it shall be larvful to prosecute and punish the offcnder as for simple larceny.

As to larceny or embezzlement by clerks or servants:

45. Whosoever bcing a clerk or. servant shall steal any chattel, Larceny by c~c lku or

scvwnt H.

money, or valuable sccurity belonging to or in the posscmion or A G, c, 21),

power of his mastcr, shall be guilty of fclony, and being convicted 1, 4 ~

thcreof, shall bc liable, at thc, cliscrction of the (fourt, to be iinyri-

soned for any tcrm not csceeclirig cight years, with or without hard

labor, and with or without solitary confiiiement.

46. Whosocver bciag a clerk or servant, or bcing employed for En~brzxlement by

the purpose or in the capacity of a clerk or servant, shall, by virtue ~ ~ ~ ~ s 8 ,

of such eniploymeat, rcceive or take into his possession any chattel, 4,47,4s.

money, or valuable security, for or in the name or on the account of

his master, and shall fraudulently embezzle the samc or any part

thereof, shall be deemed to have feloniously stolen the sa-pie from his

master, although such chattel, money, or security was not reccived

into the possession of such master otherwise than by the actual pas-

scssion of his clerk, servant, or o t lm person so employed, and being

convicted thereof shall be liable, at the discretion of the Court, to

be imprisoned for any term not exceeding eight years, with or

without hard labor, and with or without solitary confinement, Diztinct Acts uf em-

and for preventing difficulties in the prosecution of thc last-mentioned bcoelclllc~ be

offenders, it shall be lawful to charge in the indictment and proceed +:@in thcsame

indu tnwnt.

against the offender for any numbcr of distinct acts of crnbezzlemcnt, 7 s: s c; 4, c. 29,

llot exceeding thrce, which may have bccn coinmittcc1 by him against 48.

thc samc master, witllin the space of six months from thc first to the

last

last of such acts; and in every such indictment, except wberr the offence shall relate to any chattel, it shall be sufficient to allege the embezzlement to be of money, without specifying any particular coin or valuable security; and such allegation, so far as regards the de- scription of the property, shall be sustained if the ofl'ender shall be proved to have embezzled any amount, although the particular species of coin or valuable security of which such amount was conlposcd shall not be proved; or if he shall be proved to have embezzled any piece of coin or any valuable security, or any portion of the value

S. 18. been delivcrcd to him in order that some part of the value thercof 1.i k 15 Vid., c. 100, thercof, although such piece of coin or valuable security may have

should be returned to the party delivering the same, or to some other

person, and such part shall have been returned accordingly.

person inscbd for

embezzlement as a

47. If upon the trial of any person indicted for embczzlement as

a clerk, servant, or person employed for the purpose or in the

clerk, &C., not to

acquitteaiftheoffencc capacity of a clerk or servant, it shall be proved that he took the

turn out to be larccny ;

and aiee V W S ~. property in question in any such manner as to amount in law to

S. 13. l4 & l5 Vict., c* loo, larceny, he shall not by reason thereof be entitled to be acquitted,

but the jury shall be at liberty to return as their verdict that such person is not guilty of embezzlement, but is guilty of simple larccny, or of larceny as a clerk, servant, or person employed for the purpose or in the capacity of a clerk or servant, as the case may be; and thereupon such person shall be liable to be punished in the same manner as if he had been convicted upon an indictment for such larceny; and if upon the trial of any person indicted for larccny it shall be proved that he took the property in question in any such manner as to a n l o u t in law to embezzlement, he shall not by reason thereof be entitled to be acquitted, but the jury shall be at liberty to return as their verdict that such person is not guilty of larceny, but is guilty of embezzlement; and thereupon such person shall be liable to be punished in the same manlier as if he had been convicted upon an indictment for such embezzlement; and no person so tried for embczzlement or larceny as aforesaid shall bc liable to be afterwards prosecuted for larceny or embezzlement upon the same facts.

As to larceny by tenants or lodgers:

Tenant or lodger steal-

ing chattel or fixture 48. Whosoever shall steal any chattel, OF fixture let to be used

let to hire with house	by him or her in or with any house or lodging, whether the contract
or lodgings.
7 gt 8 G. 4, C. 29, srr.	shall have been entered into by him or her or by her husband or
4, 45.
12 & 13 Viot., c. 11,s.	by any person on behalf of him or her or her husband, shall be guilty
2.	of felony, and being convicted thereof shall be liable, at the discretion
of the Court, to belimprisoned, for any term not exceeding two years, I
with or without hard labor, and with or without solitary confine- ment; and in case thc value of such chattel or fixture shall exceed the sum of Five Pounds, shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding four ycars, with or without hard labor, and with or without solitary or separate confinement; and in every case of stealing any chattel in this scction mentioned it shall be lawful to prefer an indictment in the

common

common form as for larceny, and in every case of stealing any fixture in this section mentioned to prefer an indictment in the same form as if the offender were not a tenant or lodger, and in either case to lay the property in the owner or person letting to hire.

As to frauds by agents, bankers, or factors:

intrusted to any banker, merchant, broker, attorney, or other agent, wlling securities, &C., 49. If any money, or security for the payment of money, shall be ~ g ~ ~; $ ~ o ~ i ~ m

with any direction in writing to apply such money or security or any F':t&"''F;i7	,	,
part thereof respectively, or the proceeds or any part of the proceeds 4,49,50.
of such security, for any purpose specified in such direction, and he
shall, in violation of good faith and contrary to the purpose so
specified, in anywipe convert to his own use or benefit such money,
security, or procecds, or any part thereof respectively, he shall be
guilty of a misdemeanor, and being convicted thereof shall be liable
at the discretion of the Court, to be imprisoned for any term not
exceeding eight years; or to suffer such other punishment by fine or
imprisonment, or by both, the Court shall award, such imprisonment

to be with or without hard labor, and with or without solitary con- finemcnt; and if' any chattel or valuable security, or any power of Or goods, &C., in-

trusted to him for safa

attorney for the sale or transfer of any share or interest in any custoa~.

public stock or fund, whether of the said Province, or of any

other part of Her Majesty's Dominions, or of any foreign state,

or in any fund of any body corporate, company, or society, shall

be intrusted to any banlccr, merchant, broker, attorney, or other

agcnt, for safe custody or for any special purpose, without any

authority to scll, negotiate, transfer, *or pledge, and he shall, in

violation of good fmth, and contrary to the object or purpose

for which such chattel, security, or power of attorney shall have

been intrusted to him, sell, negotiate, transfer, pledge, or in any

manner convert to his own use or benefit such chattel or security,

or the proceeds of the same, or any part thereof, or the share or interest in the stock or fund to which such power of attorney shall relate, or any part thereof, he shall be guilty of a misdemcanor, and being convicted thercof shall be liable, at the discretion of the Court, to any of the punishments which the Court may award as hereinbe-

before last mentioned; but nothing in this section contained relating $ ~ ~ & ~, ", ~. ~ l ~ t @ e ~

to agents shall affect any trustee in or under any instrument what- ever, or any mortgagee of any property, real or personal, in respect of any act done by such trustee or mortgagee in relation to the pro- perty comprised in or affected by any such trust or mortgage; nor shall restrain any banker, merchant, broker, attorney, or other agent Nor bankcra, &C., re-

from receiving any money which shall be or becomc actually due and ~ ~ " ' $ ' ~ ~ y d u c On

payable upon or by virtue of any valuable security, according to the tenor and effect thereof, in such manner as he might have done if this Act had not been passed; nor from selling, transferring, or q~ disposingofsccuri- ties on wh~ch they

otherwise disposing of any securities or effects in his possession, have	a lien.
upon which he shall have any lien, claim, or demand entitling him by law, so to do, unless such sale, transfer, or other disposal shall extcnd to a greater number or part of such securities or effects than shall be requisite for satisfying such lien, claim, or demand.

K 50. Whosoever

50. Whosoever being a factor or agent intrusted for the llUrpOSC of sale with any goods or merchandize, or intrusted with any bill of

property of their prin-	Factors pledging the lading, warehouse-keeper's or wharfmger's certificate, or warrant
cipals. or order for delivery of goods or merchandize, shall, for his own

4, c* benefit, and in violation of good faith, deposit or pledge any such

'

4, & 61.

goods or merchandize, or any of the said documents, as a security for any money or negotiable instrument borrowed or received by such factor or agent, at or before the time of making such deposit or pledge, or intended to be thereafter borrowed or received, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to any of the punishments in the last preceding section mentioned; but no stlch factor

or agent shall be liable to any prosecution for depositing or pledging

Not to extend where any such goods or merchandize, or any of the said documents,

Be dml not

ceed the Uen.	in case the same shall not be made a security for or subject to the payment of any greater sum of money than the amount which at the time of such deposit or pledge was justly due and owing to such factor or agent from his principal, together with the amount of any bill or bills of exchange drawn by or on account of such principal and accepted by such factor or agent.
Factors obtailling ad-

yanceu on the property 5 1. Whosoever being an agent intrusted with the possession of

of their prinripnls. goods, or of the documents of title to goods, shall, contrary to or

& vict.7 c- 39) .". without the authority of his principal in t l~at behalf, for his own

.benefit, and in violation of good faith, make any consignment, deposit, transfer, or delivery of any goods or documents of title so intrusted to him as in this section before mentioned, as and by way of a pledge, lien, or security, or shall, contrary to or without such authority, for his own benefit, and in violation of good faith, accept any advance on the faith of any contract or agreement to consign, deposit, tranfesr, or deliver any such goods or documents of title, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding eight nor less than four years, or to suffer such other punish- ment by fine or imprisonment, or both, as the Court shall awwd, and with or without hard labor, or solitary confinement; and every clerk or	other person who shall knowingly and wilfully act and assist in making	any such consignment, deposit, transfer, or delivery, or in accepting
or procuring such advance as aforesaid, shall be guilty of a rnisde- meanor, and being convicted thereof shall be liable, at the discretion
of the Court, to any of the same punishments: Provided never-
theless, that no such agent shall be Liable to any prosecution for consigning, depositing, transferring, or delivering any such goods or documents of title, in case the same shall not be made a security for or subject to the payment of any greater sum of money than the amount which at the time of such consignment, deposit, transfer, or delivery was justly due and owing to such agent from his principal, together with the amount of any bills of exchange drawn by or on account of such principal, and accepted by such agent.

5 & G Vict., c. 39, S. 4. 52. Any bill of lading, India warrant, dock warrant, warehouse-

Definitions: Irccper's

ceeper's certificate, warrant, or order for the delivery of goods, or

my other document used in the ordinary course of business as proof	Document of titlc .-
)f the possession or control of goods, or authorizing or purporting to

mthorize, either by endorsement or by delivery, the possessor of such locurnent to transfer or receive goods thereby represented, shall be lnmed and taken to be a document of title within the meaning of "Intmated."

he last preceeding section; and any agent intrusted with the iossession of goods, or of the documents of title to goods, and ~ossessed of any such document of title, whether dcrivcd immediately i-om the owner of such goods, or obtained by reason of such agent's laving been intrusted with the possession of the goods, or of any other iocument of title thereto, shall be deemed and taken to have been ntrusted with the possession of the goods represented by such docu- ncnt of title, and all contracts, pledging, or giving a lien upon such tocument of title as aforesaid s h d be deemed and taken to be res- ~ectively pledges of and liens upon the goods to which the same

dates; and such agent shall be deemed to be possessed of such goods " P ~ s ~ s c d. "

)r documents, whether the same shall be in his actual custody, or ;hall be held by any other person subject to his control, or for him )r on his behalf; and where any loan or advance shall be Irondj'de nade .to any agent intrusted with and in possession of any such ;oods or documents of title, on the faith of any contract or agrec- nent in writing to consign, deposit, transfer, or deliver such goods or locuments of title, and such goods or documents of titlc shall cctually be received by the person making such loan or advance, without notice that such agent was not authorized to make such )ledge or security, every such loan or advance shall be deemed ind taken to be a loan or advance on the security of such goods or locuments of titlc within the meaning of the last preceding section, hough such goods or documents of title shall not actually be Seceived by the person making such loan or advance till the period

~ubsequcnt thereto; and any contract or agreement, whether made or

lirect with such agent, or with any clerk or other person on his mcnt.'$

~ehalf, shall be deemed a contract or agreement with such agent;

md any payment made, whether by money or bills of exchange, or

tther negotiable ~ecurity, shall be deemed and taken to be an advance ''Ad"ncc:"

vithin the meaning of the last preceding section; and an agent in

assession as aforesaid of such goods or documents shall be taken, ~ ~ ~ ~ $ $ ~ ~ $ $ -

br the purposes of the last preceding section, to have been intrusted

herewith by the owner thereof, unless the contrary can be shown in

widence.

53. Nothing in this Act contained, nor any proceeding, conviction, In what oascs offender

Ir judgment to be had or taken thereupon against any banker, ~ ~ t ~ ~ ~ : ~ ~ ~ a -

nerchant, broker, factor, attorney, or other agent as aforesaid, shall 6 & 6 V+, c. 39, S. 6.

trevent, lessen, or impeach any remedy at LW or in Equity which Proceedmgs Icssonremedy not by to party

m y party aggrieved by any such offence might or would have had if aggrieved.

his Act had not been passed; but nevertheless the conviction of any uch offender shall not be received in evidence in any action at Law

w suit in Equity against him; and no banker, merchant, broker, m e n offender not

btor, attorney, or other agent as aforesaid, shall be liable to be 'YbeprOBaUted*

convictefi

convicted by any evidence whatever as an offender against this Act, in respect of any act done by him, if he shall at any time previously to his bcing indicted for such offence have disclosed such act, on oath, in consequence of any compulsory process of any Court of Law or Equity in any action, suit, or proceeding which shall have been bond fide instituted by any party aggrieved, or if he shall have disclosed the same in any examination or deposition before any Commissioner of Insolvency.

As to obtaining money, &C., by false pretences:

Fdee pretences.

7 & 8 G. 4, c. 29, as.	54. Whosoever shall by any false pretence obtain from any other person any chattel, money, or valuable security, with intent to cheat or defraud, shall be guilty of a misdemeanor, and being convicted thereof, shall be liable, at the discretion of the Court, to bc ini- prisoned for the term of four years, or to suffer such other punish- ment by fine or imprisonment, or by both, as the Court shall award,"such imprisonment to be with or without hard labor, and
4, 53.
No acquittal because
the offence amounts	with or without solitary confinement: Provided, that if upon the
to larceny :	trial of any person indicted for such misdemeanor it shall be proved that he obtained the property in question in any such manner as to amount in Law to larceny, he shall not by reason thereof be entitled to be acquitted of such misdemeanor; and no such indictment shall be removable by certiorari; and no person tried for such misderneanor shall be liable to be afterwards prosecuted for larceny upon the same
Form of indictment
and evidence.	facts: Provided also, that it shall be sufficient in any indictment for
14 & 15 Yict., c. 100,	obtaining, or attempting to obtain, any such property by false
S. 8.	pretences, to allege that the party accused did the act with intent to dcfraud, without alleging an intent to defraud any particular person; and on the trial of any such offence, it shall not be necessary to prove an intent to defraud any particular person, but it shall be sufficient to prove that the party accused did thc act charged with an intent to defraud.

As to piracy:

Piracy.

28 H. 8 c. 15 ss. 1 4. 55. Whosoever shall commit any robbery in or upon the sea, or

1 viat.,'c. ssIpsr. 1: 3, in any haven, river, creek, or place +here th i Admiral has, or pretends

G.	to have, jurisdiction, shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be im-
prisoned for life, or for any less term, with or without hard labor,
and with or without solitary or separate confinement.
Piracy and attempt to	56. Whosoever, with intent to cornlit, or at the time of, or immedistcly before, or immediately aftcr, committing the crime of piracy in respect of any ship or vessel, shall assault, with intent to murder, any person being on board of, or belonging to such ship or vessel, or shall stab, cut, or wound any such person, or unlawfully do any act by which the life of such person may be endangered, shall be guilty of felony, and being convicted thereof, shall suffer death asa felon.
murder.
1 Vict., C. 88, S. 2.
Robbery orother act

of hostility at sea 57. Whosoever, being a natural born subject of Her Majesty or a

under color of a

denizen of the United Kingdom of Great Britain and Ireland, shall

commit

commit any piracy or robbery, or any act of hostility against any ~~~~$;;~;;~;8,

other of Her Majesty's subjects, upon the sea, or in any haven, river, 18 G. 2, 30, 1.

creek, or place where the Admiral has, or pretends to have? juris-	vicLp	c.	as.
diction, under color of any Commission from any Foreign Prlnce or State, or pretence of authority from any person whatsoever, shall
be guilty of felony, and being convicted thereof, shall be liable,
a t the discretion of the Court, to be imprisoned for life, or for any less term, with or without hard labor, and with or without solitary or separate confinement.

58. Whosoever, being a commander or master of any ship, or a Piracy bymaater or seaman of ship.

seaman or mariner, shall, in any placc where the Admiral has juris- 11 .	d	.	12 W. 3, c. 7,
diction, betray his trust, and turn pirate, enemy, or rebel, and pirati-	c, , . 3,
cally or feloniously run away with, or yield up vollintarily to any piratc, his ship, or any barge, boat, ordnance, ammunition, goods, or merchandize, or shall bring any seducing messagcs from any pirate, enemy, or rebel, or consult, combine, or confederate with, or attempt or endeavor to corrupt any commander, master, officer, or mariner t~ yield up or run away with any ship, goods, or merchandizes, or turn pirate, or go over to pirates; and whosoever shall lay violent hands on his commander, wheroby to hinder him from fighting in the defence of his ship and goods committed to his trust, or shall confine his master, or make, or endeavor to make, a revolt in the ship, shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be imprisoned for life, or for any less term, with or without hard labor, and with or without solitary ar separate confincmcnt.

59. Whosoever belonging to any ship or vessel whatsoever, upon Forc ihb hoarainga shlp, and th~owing

meeting any merchant ship or vessel on the sea, or in any port, haven, the goods overboard,

vessel, and, although he shall not seize and carry off' such ship or	or creek whatsoever, shall forcibly board or enter into such ship or ~~i$:~c,~&;tl;,$..
vesscl, shall throw ovcrboard or destroy any part of the goods or merchandizes belonging to such ship or vcs~cl, shall be guilty of felony, and being colivictecl thereof, shall be liable, at the discretion of the Court, to be imprisoned for life, or for any less term, with or
finement. without hard labor, and with or without solitary or separate con- 60. TVhosoever shall anywisc trade with any pirate, by truck, Trading withpirates.
barter, ~xd iaage, or in any other manner, or shall furnish any pirate, 8,Fi\;.$i:;.1;,.
felon, or robbc r upon the seas with any ammunition, provision, or I Vict., c. 88, sa. 3,5.
stores of any kind, or shall fit out any ship or vessel knowingly, and with a design to trade with, or supply, or correspond with any pirate, felon, or robber, upon the seas, or shall anyways consult, combine, confederate, or corresponci with any pirate, fblon, or robber upon the seas, knowing him to be guilty of any such piracy, f'elony, or robbery, shall be guilty of felony, and being convktcd thcreof, be liable, a t the discretion of the Court, to be imprisoned for life, or for any less term, with or without hard labor, and with or without solitary or separate confinement.

L As

As to receiving stolen goods,:

ReoeiPmg where the

principal is guilty

61. Whosoever shall receive any chattel, money, valuable security, amount to a felony, either at Common Law or by virtue of this Act, knowing the same to have been feloniously stolen or taken, shall be guilty of felony, and may be indicted and convicted either as an accessory after the fact, or for a substantive felony, and in the latter case, whether the principal felon shall or shall not have been pre- viously convicted, or shall or shall not be amenable to Justice; and every such receiver, howsoever convicted, shall be liable, at the discretion of the Court, to be imprisoned for any term not ex- ceeding eight years, with or without hard labor, and with or without solitary confinement: Provided that no person, howsoever tried for receiving as aforesaid, shall be liable to be prosecuted a second time for the same offence.

of felony.

or other property whatsoever, the stealing or taking whereof shall

7 & 8 G.	4, c. 29, ss.
4, 64,

Receiving where the 62. Whosoever shall receive any chattel, money, valuable security,

principal has been

guilty of a misde-	or other property whatsoever, the stealing, taking, obtaining, or
7 & 8 G. 4, c, 29, ss.
meanox.	converting whereof is made a misdemeanor by this Act, knowing the
4) 65,	same to have been unlawfully stolen, taken, obtained, or converted, shall be guilty of a misdemeanor, and may be indicted and convicted thereof, whether the person guilty of the principal misdemeanor shall or shall not have been previously convicted thereof, or shall or shall not be amenable to Justice; and every such receiver, being convicted thereof, shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding four years, with or without hard labor, and with or without solitary or separate confinement.
Indictment forstealing	6 3. I n every indictment for feloniously stealing property, it shall be lawful to add a count for feloniously receiving the same property, knowing it to have becn stolen, and in any indictment for feloniously receiving property knowing it to have been stolen, it shall be lawful to add a count for feloniously stealing the same property; and where any such indictment shall have been preferred and found against any person, the prosecutor shall not be put to his election, but it shall be lawful for the Jury who shall try the same, to find a verdict of guilty, either of stealing the property, or of receiving it knowing it to have
and receiving.
11 &l2 Vict., c. 46s. 3
been stolen; and if such indictment shall have been preferred and found against t-WO or more persons, i t shall be lawful for the Jury
who shall try the same to find all or any of the said persons guilty either of stealing the property, or of receiving it knowing it to have been stolen, or to find one or more of the said persons guilty of stealing the property, and the other or others of them guilty of receiving it knowing it to have been stolen.
Receiver where tri-

able. 64, Whosoever shall receive any chattel, money, valuable security,

7 g c S ~, r, ~, 2 9, s. 6 ~. or other property whatsoever, knowing the same to have been feloniously or unlawfully stolen, taken, obtained, or converted, may, whether charged as an accessory after the fact to the felony, or with a substantit-e felony, or with a misdemeanor only, be dealt with, tried,.

and

and punished in the game place in which the party guilty of the

principal felony or rnisdemeanor may by Law be tried.

As to other matters:

meanor under this Act, it shall be lawful for the Court, if it shall o a w, 65. I n all cases where any person shall be convicted of a d s d a ~~"pe4p~~,@g$;~~~

think fit, in addition to, or in lieu of any of the punishments by this

Act authorized, to fine the offender, and to require him to find sureties for keeping the peace and being of good behaviour, both or either; and in all cases of felonies in this Act mentioned, not punishable with death, it shall be lawful for the Court, if i t shall think fit, to requirc the offender to find sureties for keeping the peace, in addition to any of the punishments by this Act authorized.

66. Where imprisonment with or without hard labor may be H a d labor, ~olitwr

awarded for any offence under this Act, the Court may sentence the whipping,

coufinoment, and

offender to be imprisoned, or to be imprisoned and kept to hard labor, in any common gaol or labor prison; and where solitary confinement may be awarded for any offence under this Act, the Court may (except where otherwise provided by this Act,) direct the offender to be kept in solitary or separate confinement for any portion or portions of his imprisonment, or of his impri- sonment with hard labor, not exceeding one month at any one time, and not exceeding three months in any one year; and where any offender, convicted under any clause of this Act, shall be under the age of fourteen years, the Court may sentence the offender, if a male, hut not otherwise, to be once, twice, or thrice publicly or privately whippcd.

67. This Act shall commence and take effect from the passing ~ ~ m o n c o m n t e t

thereof.

LT-- z f̂T--2- - - - X - -

Adelaide ; l?rintcd by authority, bq. W. C, Cox, Government Printer, Victoria-square.