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and Second shall afterwards be guilty of any of the said offences, and shall be convicted Offence;

thereof in like manner, every such offender shall for such second offence bex Third Offence, committed to the common gaol or house of correction, there to be kept to bard Felony. labour for such term, not exceeding twelve calendar months, as the convicting See post, s. 66. justice shall think fit; and if such second conviction shall take place before two & 67.

justices, they may further order the offender, if a male, to be once or twice pub-
licly or privately whipped, after the expiration of four days from the time of
such conviction, and if any person so twice convicted shall afterwards commit
any of the said offences, such offender shall be deemed guilty of felony, and,
being convicted thereof, shall be liable to be punished in the same manner as

in the case of simple larceny.
Stealing, &c. XL. And be it enacted, That if any person shall steal, or shall cut, break,
any live or or throw down with intent to steal, any part of any live or dead fence, or any
dead fence, wooden post, pale, or rail set up or used as a fence, or any stile or gate, or
wooden fence, any part thereof respectively, every such offender, being convicted before a
stile, or gate; justice of the peace, shall for the first offence forfeit and pay, over and above
see post. s. 66 the value of the article or articles so stolen, or the amount of the injury
& 67.

done, such sum of money, not exceeding five pounds, as to the justice shall
seem meet; and if any person so convicted shall afterwards be guilty of any
of the said offences, and shall be convicted thereof in like manner, every
such offender shall be committed to the common gaol or house of correc-
tion, there to be kept to hard labour for such term, not exceeding twelve ca-
lendar months, as the convicting justice shall think fit; and if such subse-
quent conviction shall take place before two justices, they may further order
the offender, if a male, to be once or twice publicly or privately whipped,

after the expiration of four days from the time of such conviction.
Suspected XLI. And be it enacted, That if the whole or any part of any tree, sapling,
persons in

or shrub, or any underwood, or any part of any live or dead fence, or any possession of post, pale, rail, stile, or gate, or any part thereof, being of the value of wood, &c. not iwo shillings at the least, shall, by virtue of a search warrant, to be granted satisfactorily

as hereinafter mentioned, be found in the possession of any person, or on the accounting for premises of any person, with his knowledge, and such person, being carried it.

before a justice of the peace, shall not satisfy the justice that he came lawSee post. s. 63.

fully by the same, he shall on conviction by the justice forfeit and pay, over Sce post. s. 66 and above the value of the article or articles so found, any sum not exceeding & 67.

two pounds. Stealing, &c. XLII. And be it enacted, That if any person shall steal, or shall destroy or any fruit or damage with intent to steal, any plant, root, fruit, or vegetable production, vegatable pro- growing in any garden, orchard, nursery grourd, hothouse, greenhouse, or duction in a conservatory, every such offender, being convicted thereof before a justice garden, &c. of the peace, shall, at the discretion of the justice, either be committed to punishable on the common gaol or house of correction, there to be imprisoned only, or to summary con- be imprisoned and kept to hard labour, for any term not exceeding six caviction for first offence;

lendar months, or else shall forfeit and pay, over and above the value of the second of

article or articles so stolen, or the amount of the injury done, such sum of fence, felony.

money, not exceeding twenty pounds, as to the justice shall seem meet; and. See post. s. 66 if any person so convicted shall afterwards commit any of the said offences, & 67.

such offender shall be deemed guilty of felony, and, being convicted thereof,
shall be liable to be punished in the same manner as in the case of simple

larceny.
Stealing, &c. XLÚl. And be it enacted, That if any person shall steal, or shall destroy
vegetable pro- or damage with intent to steal, any cultivated root or plant used for the food
ductions not

of man or beast, or for medicine, or for distilling, or for dyeing, or for or growing in

in the course of any manufacture, and growing in any land, open or inclosed, gardens, &c.

not being a garden, orchard, or nursery ground, every such offender, being
convicted before a justice of the peace, shall, at the discretion of the jus-
tice, either be committed to the common gaol or house of correction, there
to be imprisoned only, or to be imprisoned and kept to hard labour, for any

term not exceeding one calendar month, or else shall forfeit and pay, over See post. B. 66 and above the value of the article or articles so stolen, or the amount of the & 67.

injury done, such sum of money, not exceeding twenty shillings, as to the
justice shall seem meet, and in default of payment thereof, together with
the costs, (if ordered,) shall be committed as aforesaid, for any term not ex-
ceeding one calendar month, unless payment be sooner made; and if any
person so convicted shall afterwards be guilty of any of the said offences, and

shall be convicted thereof in like manner, every such offender shall be com mitted to the common gaol or house of correction, there to be kept to hard labour for such term, not exceeding six calendar months, as the convicting justice shall think fit; and if such subsequent conviction shall take place bea fore two justices, they may further order the offender, if a male, to be once or twice publicly or privately whipped, after the expiration of four days from the time of such conviction.

XLIV. And be it enacted, that if any person shall steal, or rip, cut, or Stealing glass, 'break with intent to steal, any glass or wood-work belonging to any building wood-work, whatsoever, or any lead, iron, copper, brass, or other metal, or any utensil or fixtures of or fixture, whether made of metal or other material, respectively fixed in or any kind from to any building whatsoever, or any thing made of metal fixed in any land buildings, and being private property, or for a fence to any dwelling-house, garden, or area,

metal fixtures or in any square, street, or other place dedicated to public use or ornament,

from grounds. every such offender shall be guilty of felony, and, being convicted thereof, shall be liable to be punished in the same manner as in the case of simple larceny ; and in case of any such thing fixed in any square, street, or other like place, it shall not be necessary to allege the same to be the property of any person.

XLV. And, for the punishment of depredations conmitted by tenants and Tenants and lodgers, be it enacted, 'That if any person shall steal any chattel or fixture let lodgers stealto be used by him or her in or with any house or lodging, whether the con- ing any protract shall have been entered into by bim or her, or by her husband, or by perty from

houses or any person on behalf of him or her, or her husband, every such offender

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

let to them. punished in the same manner as in the case of simple larceny; and in every such case of stealing any chattel it shall be lawful to prefer an indictment in the common form as for larceny, and in every such case of stealing any fixtore 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.

XLVI. And, for the punishment of depredations committed by clerks and Clerks and servants in cases not punishable capitally, be it enacted, That if any clerk or servants stealservant shall steal any chattel, money, or valuable security belonging to or in ing property the possession or power of his master, every such offender, being convicted of their masthereof, shall be liable, at the discretion of the Court, to be transported be- ters. yond the seas for any term not exceeding fourteen years nor less than seven years, or to be imprisoned for any term not exceeding three years, and, if a male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit) in addition to such imprisonment.

XLVII. And, for the punishment of embezzlements committed by clerks Clerks or serand servants, be it declared and enacted, That if any clerk or servant, or any vants receivperson employed for the purpose or in the capacity of a clerk or servant, ing any moshall, by virtue of such employment, receive or take into his possession any ney, &c. on chattel, money, or valuable security, for or in the name or on the account their master's of his master, and shall fraudulently embezzle the same, or any part thereof, account, and every such offender shall be deemed to have feloniously stolen the same from embezzling it his master, although such chattel, money, or security was not received into ed to have fethe possession of such master otherwise than by the actual possession of his

loniously clerk, servant, or other person so employed ; and every such offender, being stolen it. convicted thereof, shall be liable, at the discretion of the Court, to any of the punishments which the Court may award as hereinbefore last mentioned.

XLVIII. And, for preventing the difficulties that have been experienced in Distinct acts the prosecution of the last mentioned offenders, be it enacted, That it shall of embezzlebe lawful to charge in the indictment and proceed against the offender for any ment may be number of distinct acts of embezzlement not exceeding three, which may charged in the have been committed by him against the same master, within the space of six same indictcalendar months from the first to the last of such acts; and in every such in

ment. dictment, except where 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 As to allegaThe description of the property, shall be sustained, if the offender shall be tion and proof proved to have embezzled any amount, although the particular species of of the proper

ty embezzled.

,

coin or valuable security of which such amount was composed shall not be

to luable security, or any portion of the value thereof, although such piece of coin or valuable security may have been delivered to him in order that some part of the value thereof should be returned to the party delivering the same,

and such part shall have been returned accordingly. Agents em- XLIX. And, for the punishment of enibezzlements committed by agents bezzling mo- entrusted with property, be it enacted, That if any money, or security for ney entrusted the payment of money, shall be entrusted to any banker, merchant, broker, to them to be attorney, or other agent, with any direction in writing to apply such money, applied to any or any part thereof, or the proceeds or any part of the proceeds of such sespecial purpose :

curity, for any purpose specified in such direction, and he shall, in violation of good faith, and contrary to the purpose so specified, in any wise convert to his own use or benefit such money, security, or proceeds, or any part thereof respectively, every such offender shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for any term not exceeding fourteen years

por less than seven years, or to suffer such other punishment by fine or imor embezzling prisonment, or hy both, as the court shall award ; and if any chattel or vaany goods or valuable se- or interest in any public stock or fund, whether of this kingdom, or of Great curity entrust- Britain or of Ireland, or of any foreign state, or in any fund of any body cd to them for corporate, company or society, shall be entrusted to any banker, merchant, safe custody, broker, attorney or other agent, for safe custody, or for any special purpose, or any special without any authority to sell

, negotiate, transfer, or pledge, and he shall, in guilty of mis- violation of good faith, and contrary to the object or purpose for which such demeanor.

chattel, security, or power of attorney shall have been entrusted 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, every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable, at the discretion of the Court, to any of the punishments which the Court may award, as herein

before last mentioned. Not to affect

L. Provided always, and be it enacted, That nothing hereinbefore contained trustees or relating to agents shall affect any trustee in or under any instrument whatever, mortgagees;

or any mortgagee of any property, real or personal, in respect of any act done

by such trustee or mortgagee in relation to the property comprised in or nor bankers, affected by any such trust or mortgage; nor shall restrain any banker, mer&c. receiving chant, broker, attorney, or other agent, from receiving any money which shall money due on be or become actually due and payable upon or by virtue of any valuable sesecurities,

curity, according to the tenor and effect thereof, in such manner as he might or disposing have done if this act had not been passed ; nor for selling, transferring, or of securities otherwise disposing of any securities or effects in his possession, upon which he on which they shall have any lien, claim, or demand entitling him by law so to do, unless have a lien.

such sale, transfer, or other disposal shall extend to a greater number or part of such securities or effects than shall be requisite for satisfying such lien,

claim, or demand. Factors pledg- LI. And be it enacted, That if any factor or agent entrusted, for the purpose ing for their

of sale, with any goods or merchandize, or entrusted with any bill of lading, own use any

warehouse keeper's or wharfinger's certificate, or warrant or order for delivery goods or documents relat- of goods or merchandize, shall, for his own benefit and in violation of good ing to goods

faith, deposit or pledge any such goods or merchandize, or any of the said entrusted to documents, as a security for any money or negotiable instrument borrowed or them for the received by such factor or agent, at or before the time of making such deposit purpose of

or pledge, or intended to be thereafter borrowed or received, every such ofsale, guilty of fender shall be guilty of a misdemeanor, and, being convicted thereof, shall a misde

be liable, at the discretion of the Court, to be transported beyond the seas for any term not exceeding fourteen years nor less than seven years, or to suffer

such other punishment by fine and imprisonment, or by both, as the Court Not to extend shall award ; but no such factor or agent shall be liable to any prosecution to cases where for depositing or pledging any such goods or merchandize, or any of the said the pledge documents, in case the same shall not be made a security for or subject to the does not ex- payment of any greater sum of money than the amount which, at the time of

meanor.

lien.

nts shall

such deposit or pledge, was justly due and owing to such factor or agent from ceed the ahis principal, together with the amount of any bill or bills of exchange drawn mount of their by or on account of such principal, and accepted by such factor or agent.

LII. Provided always, and be it enacted, That nothing in this act contained, These provinor any proceeding, conviction, or judgment to be had or taken thereupon, sions as to against any banker, merchant, broker, factor, attorney, or other agent as aforesaid, shall prevent, lessen, or impeach any remedy at law or in equity not lessen any which any party aggrieved by any such offence might or would have had if remedy which this act had not been passed; but nevertheless the conviction of any such of- the party agfender shall not be received in evidence in any action at law or suit' in equity grieved now against him; and no banker, merchant, broker, factor, attorney, or other has. agent as aforesaid, shall be liable to be 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 being 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 bona fide instituted by any party aggrieved, or if he shall have disclosed the same in any examination or deposition before any commissioners of bankrupt.

LIII. And whereas a failure of justice frequently arises from the subtle dis- Obtaining motinclion between larceng and fraud; for remedy thereof be it enacted, That if ney, &c. by any person shall by any false pretence obtain from any other person any false prechattel, money, or valuable security, with intent to cheat or defraud any per- tences, a misson of the same, every such offender shall be guilty of a misdemeanor, and, demeanor. being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for the term of seven years, or to suffer such other punishment, by fine or imprisonment, or by both, as the Court shall award ; provided always, that if upon the trial of any person indicted for such misde- No acquittal meanor it shall be proved that he obtained the property in question in any on the ground such manner as to amount in law to larceny, he shall not by reason thereof be that the case entitled to be acquitted of such misdemeanor ; and no such indictment shall proved be removeable by certiorari; and no person tried for such misdemeanor shall amounts to be liable to be afterwards prosecuted for larceny upon the same facts.

larceny. LIV. And, with regard to receivers of stolen property, be it enacted, That Where the if any person shall receive any chattel, money, valuable security, or other original ofproperty whatsoever, the stealing or taking whereof shall amount to a felony, fence is feloeither at common law, or by virtue of this act, such person knowing the same ny, the reto have been feloniously stolen or taken, every such receiver shall be guilty of ceivers of felony, and may be indicted and convicted either as an accessory after the stolen profact, or for a substantive felony, and in the latter case, whether the principal ty, may be felon shall or shall not have been previously convicted, or shall or shall not tried either as be amepable to justice ; and every such receiver, howsoever convicted, shall accessories be liable, at the discretion of the Court, to be transported beyond the seas for after the fact, any term oot exceeding fourteen years, nor less than seven years, or to be im

stantive feprisoned for any term not exceeding three years, and, if a male, to be once, lony. twice, or thrice, publicly or privately whipped (if the Court shall so think fit) in addition to such imprisonment: provided always, that no person, howsoever tried for receiving as aforesaid, shall be liable to be prosecuted a second time for the same offence.

LV. And be it enacted, that if any person shall receive any chattel, money, Where the orivaluable security, or other property whatsoever, the stealing, taking, obtain- ginal offence is ing, or converting whereof is made an indictable misdemeanor by this act, a misdemeansuch person knowing the same to have been unlawfully stolen, taken, obtained, or, receivers or converted, every such receiver shall be guilty of a misdemeanor, and may may be prosebe indicted and convicted thereof, whether

the person guilty of the principal cuted for a misdemeanor shall or shall not have been previously convicted thereof, or

misdemeanor. shall or shall not be amenable to justice; and every such receiver shall, on conviction, be liable, at the discretion of the Court, to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years, and, if a male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit) in addition to such imprisonment.

LVI. And be it enacted, That if any person shall receive any chattel, money, All receivers valuable security, or other property whatsoever, knowing the same to have may be tried been feloniously or unlawfully stolen, taken, obtained, or converted, every such person, whether charged as an accessory after the fact to the felony, or principal is

triable, or

stolen pro

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where the pro- with a substantive felony, or with a misdemeanor only, may be dealt with, inperty is found dicted tried, and punished in any county or place in which he shall have or in their pos

shall have had any such property in his possession, or in any county or place session, as in which the party guilty of the principal felony or misdemeanor may by law well as where be tried, in the same manner as such receiver may be dealt with, indicted, iried, the receiving and punished in the county or place where he actually received such property. takes place. LVII. And, to encourage the prosecution of offenders, be it enacted, That The owner of if any person, guilty of any such felony or misdemeanor as aforesaid, in steal

ing, taking, obtaining, or converting, or in knowingly receiving any chattel, perty prose- money, valuable security, or other property whatsoever, shall be indicted for cuting thief or any such offence, by or on the bebalf of the owner of the property, or his receiver to

executor or administrator, and convicted thereof, in such case the property conviction shall have

shall be restored to the owner or his representative; and the Court, before restitution of

whom any such person shall be so convicted, shall have power to award from his property.

from time to time writs of restitution for the said property, or to order the Exception.

restitution thereof in a summary manner : provided always, that if it shall
appear before any award or order made that any valuable security shall have
been bond fide paid or discharged by some person or body corporate liable to
the payment thereof, or being a negotiable instrument shall have been bonů
fide taken or received by transfer or delivery, by some person or body corpo-
rate, for a just and valuable consideration, without any notice, or without any
reasonable cause to suspect that the same had by any felony or misdemeanor
been stolen, taken, obtained, or converted as aforesaid, in such case the Court

shall not award or order the restitution of such security. Taking a re

LVIII. And be it enacted, That every person who shall corruptly take any ward for help- money or reward, directly or indirectly, under pretence or upon account of ing to the re- helping any person to any chattel, money, valuable security, or other property covery of

whatsoever, which shall by any felony or misdemeanor have been stolen, taken, stolen proper- obtained, or converted as aforesaid, shall (unless he cause the offender to be ty without apprehended and brought to trial for the same) be guilty of felony, and, being bringing the convicted thereof, shall be liable, at the discretion of the Court, to be transoffender to ported beyond the seas for life, or for any term not less than seven years, or to trial.

be imprisoned for any term not exceeding four years, and, if a male, to be
once, twice, or thrice publicly or privately whipped (if the Court shall so think

fit) in addition to such imprisonment. Advertising a

LIX. And be it enacted, That if any person shall publicly advertise a reward reward for the for the return of any property whatsoever which shall have been stolen or lost, return of

and shall in such advertisement use any words purporting that no questions stolen proper

will be asked, or shall make use of any words in any public advertisement purty, &c.

porting that a reward will be given or paid for any property which shall have
been stolen or lost, without seizing or making any enquiry after the person
producing such property, or shall promise or offer in any such public adver-
tisement to return to any pawnbroker or other person who may have bought
or advanced money by way of loan upon any property stolen or lost, the
money so paid or advanced, or any other sum of money or reward for the re-
turn of such property, or if any person shall print or publish any such adver-
tiseinent, in any of the above cases every such person shall forfeit the sum of
fifty pounds for every such offence, to any person who will sue for the same
by action of debt, to be recovered with full costs of suit.

LX. And be it enacted, that where the stealing or taking of any property
Receivers of
property,

whatsoever is by this act punishable on summary conviction, either for every where the ori- offence, or for the first and second offence only, or for the first offence only, ginal offence

any person who shall receive any such property, knowing the same to be unis punishable lawfully come by, shall, on conviction thereof before a justice of the peace, on summary be liable, for every first, second, or subsequent offence of receiving, to the conviction.

same forfeiture and punishment to which a person guilty of a first, second, or
subsequent offence of stealing or taking such property is by this act made

liable. Principals in

LXI. And be it enacted, that in the cases of every felony punishable under the second de- this act, every principal in the second degree, and every accessory before the gree and ac

fact, shall be punishable with death or otherwise, in the same manner as the cessories.

principal in the first degree is by this act punishable; and every accessory after
the fact to any felony punishable under this act (except only a receiver of
stolen property) shall on conviction be liable to be imprisoned for any term
not exceeding two years ; and every person, who shall aid, abet, counsel, or

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