Offences Better Prevention Act 1852 No 17a (NSW)

No. XVII.

Offence* BETTEu All Act foi the better prevention of Oifences.

P revention.

[19 /̂i August, 1852.]

PrcamUo. 1 HERE AS it is expedient to make further provision for the

YV prevention of Burglary and other Offences Be it enacted by

His Excellency the Governor of New South Wales by and with the advice and consent of the Legislative Council thereof as follows :—

Any person found by 1, I f any persou shall he found by night armed with any

bJ^k Tn'to any house daugcrous or ofeusivc wcapou or instrument whatsoever with intent

and commit any to break 01' cutcr iuto any dwelling-house or other building Avhatsoever

of °a mUdemeaSor. ̂and to commit any felony therein or if any person shall be found by

night

1852. 16" VIC. No. 17. 2515

Offences better Prevention.

niglit having in his possession without lawful excuse (the proof of Avhich excuse sliall lie on such person) any picklock key crow jack bit or other implement of housebreaking or if any person shall be found by night having his face blackened or otherwise disguised with intent to commit any felony or if any person shall be found by night in any dwelling-house or other building whatsoever with intent to commit any felony therein every such offender shall be guilty of a misdemeanor and being convicted thereof shall be lialile at the discretion of the Court to be imprisoned with or without hard labor for any term not exceeding three years.

2. If any person shall be convicted of any such misdemeanor rnnishmei.t on con- as aforesaid committed after a previous conviction either for felony or ''y**'*” aftt r a pre- , . , p • 1 ^ 1 1 1 1 1 1 i conviction.

such misdemeanor as aforesaid such person shall on such subsequent conviction be liable at the discretion of the Court to be transported beyond the seas for any term not less than seven years and not exceeding ten years or imprisoned with or ivithout hard labor for any term not exceeding three years and in any indictment for such misdemeanor Form of imiictmcn!.

committed after a previous conviction as aforesaid it shall be sufficient to state that the offender was at a certain time and place convicted of felony or misdemeanor (as the case may be) against “ The A ct fo r the better prevention o f Offences 1852 ” (as the case may be) without otherwise describing the previous felony or misdemeanor.

3. I f any person shall unlawfully apply or administer or Persons using chioro-

attempt to apply or administer to any other person any chloroform c3nlit a'wo^

laudanum or other stupifying or overpowering vapour drug matter or

thing Avith intent thereby to enable such offender or any other person to

commit or with intent to assist such offender or other person in com­

mitting any felony every such oflFender shall be guilty of felony and

being convicted thereof shall be liable at the discretion of the Court

to be transported for life or for any term not less than seven years or

to be imprisoned Avith or Avithout hard labor for any term not

exceeding three years.

4. I f any person shall unlaAvfully and maliciously inflict upon Persons inflicting

any other person either AA'ith or Avithout any Aveapon or instrument any grievous bodily harm or unlaAvfully or maliciously cut stah or Avound any other person every such offender shall be guilty of a mis­ demeanor and being conAucted thereof shall be liable at tlie discretion of the Court to be imprisoned Avith or Avithout hard labor for any term not exceeding three years.

5. I f upon the trial of any information for any felony except on trial fm-feinni-

murder or manslaughter Avhere the information shall allege that the

defendant did cut stah or Avound any person the jury shall be satisfied feUui,nn<î cô ^̂ ̂

that the defendant is guilty of the cutting stabbing or Avounding

charged in such information but are not satisfied that the defendant is

guilty of tlic felony charged in such information then and in every such

case the jury may acquit the defendant of such felony and find him

guilty of unhvAvfully cutting stabbing or Avounding and thereupon such

defendant shall be liable to bo punished in the same manner as if

he had been convicted upon an information for the misdemeanor of

cutting stabbing or Avounding.

6. I f any person shall Avilfully and maliciously set fire to any Setting fire to any

station engine-house Avarehouse or other building belonging or apper-

station &c.

taining to any railway dock canal or other navigation every such person shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be transported beyond the seas for the term of his natural life or for any term not less than seven years or to be imprisoned Avith or Avithout hard labor for any term not exceeding three years and if any person shall Avilfully and maliciously set fire to any goods or chattels being in any building the setting fire

to

2516 No. 17. IG*’ VIC. 1852.

Offences better Frevention.

to which is made felony hy this or any other Act of Council or any Act of Parliament every such offender shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be transported beyond the seas for any term not exceeding ten years nor less than seven years or to be imprisoned with or without hard labor for any term not exceeding three years.

Persons refusing or ̂ Where the master or mistress of any person shall be lecrally

neglecting to supply - j r - i

necessary food &c. to liable to provide lor such person as an apprentice or as a servant BCTv̂ ants*̂ or unlaw necossary food elothing or lodging and shall wilfully and without

fully assaulting

lawful cxcuse refuse or neglect to provide the same or where the

mfs'dem”eanor!̂ ''

master or luistrcss of any such person shall unlawfully and maliciously assault such person whereby the life of such person shall be endan­ gered or the health of such person shall have been or shall lie likely to he permanently injured such master or mistress shall be guilty of a misdemeanor and being convicted thereof shall be liable to be im­ prisoned with or without hard labor in the common gaol or house of correction for any term not exceeding three years.

Punishing for H. I f any person shall by false pretences false representations

procuring. or other fraudulent means procure any woman or child under the age of twenty-one years to have illicit carnal connection with any man such person shall be guilty of a misdemeanor and shall being duly convicted thereof suffer imprisonment for a term not exceeding two years with or without hard labor.

Apprehension of	9. It shall be laAvful for any person whatsoever to apprehend
offenders against

thi.s Act. any person who shall be found committing any offence against the provisions of this Act and to convey him or deliver him to some constable or other peace officer in order to his being conveyed as soon as conveniently may be before a Justice of the Peace to be dealt with according to law.

Apprehension of 10. And whei’cas doubts have been entertained as to the

offhn- authority to apprehend persons found committing indictable offences

ces in the night. in the night foi* remedy thereof bc it ciiacted That it shall be lawful for any person whatsoever to apprehend any person who shall be found committing any indictable offence in the night and to convey him or deliver him to some constable or other peace officer in order to his being conveyed as soon as conveniently may be before a Justice of the Peace to be dealt with according to law.

Persons as.saulting a	11.	I f any person liable to be apprehended under the provisions
person entitled to

apprehend. of this Act shall assault or offer any violence to any person by law authorized to apprehend or detain him or to any person acting in liis aid and assistance every such offender shall be guilty of a misdemeanor and being convicted thereof shall be liable to be imprisoned with or without hard labor for any term not exceeding three years.

The night in offence* 12. The time at which the night shall commcnce and conclude

bf arin*bû gtaiV.”' ill ^ny offcnce against the provisions of this Act shall be the same as

in cases of burglary.

Vagrancy Act (15 13. Nothing in this Act Contained shall be deemed to repeal

reperfed.̂ ̂

wholly or in part the Act of Council passed in the fifteenth year of

Her present Majesty’s reign numbered four.

No. X V III.