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coin or valuable security of which such amount was composed shall not be proved; or if he shall be proved to have embezzled any piece of coin or valuable 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.

any or valuable security entrust ed to them for safe custody, or any special purpose, guilty of misdemeanor.

XLIX. And, for the punishment of embezzlements committed by agents entrusted with property, be it enacted, That if any money, or security for the payment of money, shall be entrusted to any banker, merchant, broker, attorney, or other agent, with any direction in writing to apply such money, or any part thereof, or the proceeds or any part of the proceeds 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 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 nor less than seven years, or to suffer such other punishment by fine or imor embezzling prisonment, or by both, as the court shall award; and if any chattel or vaor any power of attorney for the sale or of any share or interest in any public stock or fund, whether of this kingdom, or of Great Britain or of Ireland, or of any foreign state, or in any fund of any body corporate, company or society, shall be entrusted to any banker, merchant, broker, attorney or other agent, for safe custody, or for any special purpose, without any authority to sell, negotiate, transfer, or pledge, and he shall, in violation of good faith, and contrary to the object or purpose for which such 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 hereinbefore last mentioned.

Agents embezzling money entrusted to them to be applied to any special purpose:

L. Provided always, and be it enacted, That nothing hereinbefore contained relating to agents shall affect any trustee in or under any instrument whatever, 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 affected by any such trust or mortgage; nor shall restrain any banker, merchant, broker, attorney, or other agent, from receiving any money which shall be or become actually due and 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 for selling, transferring, or otherwise disposing of any securities or effects in his possession, upon which he

or disposing

of securities

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.

Not to affect trustees or mortgagees;

nor bankers,
&c. receiving
money due on
securities,

Factors pledging for their own use any goods or documents relating to goods entrusted to them for the purpose of sale, guilty of a misde

meanor.

Not to extend to cases where the pledge does not ex

LI. And be it enacted, That if any factor or agent entrusted, for the purpose of sale, with any goods or merchandize, or entrusted with any bill of lading, warehouse keeper's or wharfinger's certificate, or warrant or order for delivery of goods or merchandize, shall, for his own benefit and in violation of good faith, deposit or pledge any such 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, 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 nor less than seven years, or to suffer such other punishment by fine and imprisonment, or by both, as the Court shall award; but no such factor or agent shall be liable to any prosecution for depositing or pledging any such goods or merchandize, or any of the said documents, 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

ceed the a

mount of their

lien.

agents shall not lessen any remedy which the party aggrieved now

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, 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 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 of fender shall not be received in evidence in any action at law or suit in equity against him; and no banker, merchant, broker, factor, attorney, or other 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.

has.

LIII. And whereas a failure of justice frequently arises from the subtle dis- Obtaining motinction between larceny 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 be liable to be afterwards prosecuted for larceny upon the same facts. LIV. And, with regard to receivers of stolen property, be it enacted, That if any person shall receive any chattel, money, valuable security, or other property whatsoever, the stealing or taking whereof shall amount to a felony, either at common law, or by virtue of this act, such person knowing the same to have been feloniously stolen or taken, every such receiver 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 previously 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 transported beyond 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: provided always, that no person, howsoever tried for receiving as aforesaid, shall be liable to be prosecuted a second time for the same offence.

amounts to
larceny.
Where the
original of-
fence is felo-
ny, the re-
ceivers of
stolen pro-
ty may be
tried either as
accessories

after the fact,
or for a sub-

stantive fe

lony.

misdemeanor.

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 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

where the principal is

triable, or

with a substantive felony, or with a misdemeanor only, may be dealt with, indicted tried, and punished in any county or place in which he shall have or shall have had any such property in his possession, or in any county or place in which the party guilty of the principal felony or misdemeanor may by law be tried, in the same manner as such receiver may be dealt with, indicted, tried, and punished in the county or place where he actually received such property. LVII. And, to encourage the prosecution of offenders, be it enacted, That if any person, guilty of any such felony or misdemeanor as aforesaid, in stealing, taking, obtaining, or converting, or in knowingly receiving any chattel, money, valuable security, or other property whatsoever, shall be indicted for cuting thief or any such offence, by or on the behalf of the owner of the property, or his

perty prose

receiver to conviction shall have restitution of his property. Exception.

executor or administrator, and convicted thereof, in such case the property shall be restored to the owner or his representative; and the Court, before whom any such person shall be so convicted, shall have power to award from from time to time writs of restitution for the said property, or to order the 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 bona fide paid or discharged by some person or body corporate liable to the payment thereof, or being a negotiable instrument shall have been bona fide taken or received by transfer or delivery, by some person or body corporate, 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.

where the property is found

in their possession, as well as where the receiving takes place.

The owner of

stolen pro

Taking a reward for helping to the recovery of stolen property without bringing the offender to trial.

Advertising a reward for the return of

stolen proper ty, &c.

Receivers of
property,
where the ori-
ginal offence
is punishable
on summary
conviction.

Principals in the second degree and accessories.

LVIII. And be it enacted, That every person who shall corruptly take any money or reward, directly or indirectly, under pretence or upon account of helping any person to any chattel, money, valuable security, or other property whatsoever, which shall by any felony or misdemeanor have been stolen, taken, obtained, or converted as aforesaid, shall (unless he cause the offender to be apprehended and brought to trial for the same) be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for life, or for any term not less than seven years, or to 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.

LIX. And be it enacted, That if any person shall publicly advertise a reward for the return of any property whatsoever which shall have been stolen or lost, and shall in such advertisement use any words purporting that no questions will be asked, or shall make use of any words in any public advertisement purporting 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 advertisement 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 return of such property, or if any person shall print or publish any such advertisement, 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 whatsoever is by this act punishable on summary conviction, either for every offence, or for the first and second offence only, or for the first offence only, any person who shall receive any such property, knowing the same to be unlawfully come by, shall, on conviction thereof before a justice of the peace, be liable, for every first, second, or subsequent offence of receiving, to the 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.

LXI. And be it enacted, that in the cases of every felony punishable under this act, every principal in the second degree, and every accessory before the fact, shall be punishable with death or otherwise, in the same manner as the 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

procure the commission of any misdemeanor punishable under this act, shall be liable to be indicted and punished as a principal offender.

LXII. And be it enacted, that if any person shall aid, abet, counsel, or pro- Abettors in cure the commission of any offence which is by this act punishable on sum- offences pumary conviction, either for every time of its commission, or for the first and nishable on econd time only, or for the first time only, every such person shall, on con- summary conviction before a justice of the peace, be liable, for every first, second, or sub- viction. sequent offence of aiding, abetting, counselling, or procuring, to the same forfeiture and punishment to which a person guilty of a first, second, or subsequent offence, as a principal offender, by this act made liable.

A justice,

LXIII. And, for the more effectual apprehension and discovery of all offenders punishable under this act, be it enacted, that any person found committing any offence punishable, either upon indictment or upon summary conviction, by virtue of this act, except only the offence of angling in the daytime, may be immediately apprehended without a warrant by any peace of ficer, or by the owner of the property on or with respect to which the offence shall be committed, or by his servant or any person authorized by him, and forthwith taken before some neighbouring justice of the peace, to be dealt with according to law; and if any credible witness shall prove, upon oath beupon good fore a justice of the peace, a reasonable cause to suspect that any person has grounds of in his possession or on his premises any property whatsoever, on or with re- suspicion spect to which any such offence shall have been committed, the justice may proved on grant a warrant to search for such property, as in the case of stolen goods; oath, may and any person, to whom any property shall be offered to be sold, pawned, or grant a search delivered, if he shall have reasonable cause to suspect that any such offence warrant. has been committed on or with respect to such property, is hereby authorized, Any person, and, if in his power, is required to apprehend and forthwith to carry before a to whom justice of the peace the party offering the same, together with such property, to be dealt with according to law.

LXIV. And be it enacted, that the prosecution for every offence punishable on summary conviction under this act shall be commenced within three calendar months after the commission of the offence, and not otherwise; and the evidence of the party aggrieved shall be admitted in proof of the offence, and also the evidence of any inhabitant of the county, riding, or division in which the offence shall have been committed, notwithstanding any penalty or forfeiture incurred by the offence may be payable to the general rate of such county, riding, or division.

LXV. And, for the more effectual prosecution of all offences punishable on summary conviction under this act, be it enacted, that where any person shall be charged, on the oath of a credible witness, before any justice of the peace with any such offence, the justice may summon the person charged to appear at a time and place to be named in such summons, and, if he shall not appear accordingly, then (upon proof of the due service of the summons upon such person, by delivering the same to him personally, or by leaving the same at his usual place of abode) the justice may either proceed to hear and determine the case ex parte, or issue his warrant for apprehending such person, and bringing him before himself or some other justice of the peace, or the justice before whom the charge shall be made may (if he shall so think fit,) without any previous summous (unless where otherwise specially directed,) issue such warrant, and the justice before whom the person charged shall appear to be brought shall proceed to hear and determine the case.

Application of
forfeitures and
penalties on
summary con

LXVI. And, with regard to the application of all forfeitures and penalties
upon summary convictions under this act, be it enacted, that every sum of
money, which shall be forfeited for the value of any property stolen or taken,
or for the amount of any injury done, (such value or amount to be assessed in
each case by the convicting justice,) shall be paid to the party aggrieved, if victions.
known, except where such party shall have been examined in proof of the of
fence, and in that case, or where the party aggrieved is unknown, such sum shall
be applied in the same manner as a penalty; and every sum which shall be im-
posed as a penalty by any justice of the peace, whether in addition to such value
or amount, or otherwise, shall be paid to some one of the overseers of the poor,
or to some other officer (as the justice may direct) of the parish, township, or
place in which the offence shall have been committed, to be by such overseer
or officer paid over to the use of the general rate of the county, riding, or
division in which such parish, township, or place shall be situate, whether the

E

A person in the act of committing any offence may be appre

hended

out a warrant

stolen pro

perty is offered, may seize the party offering it. Limitation as

to summary proceedings. Competency of

witnesses.

Mode of compelling the appearance of persons pu

nishable on

summary coh

viction.

Proviso.

If a person summarily convicted shall

not pay, &c., the justice may commit him.

Scale of imprisonment.

Pardon for non-payment of money.

Justice may

LXVIII. Provided always, and be it enacted, that where any person shall discharge the be summarily convicted before a justice of the peace of any offence against

offender in certain cases.

this act, and it shall be a first conviction, it shall be lawful for the justice, if he shall so think fit, to discharge the offender from his conviction, upon his making such satisfaction to the party aggrieved for damages and costs, or either of them, as shall be ascertained by the justice.

LXIX. And be it enacted, that it shall be lawful for the King's Majesty to extend his royal mercy to any person imprisoned by virtue of this act, although he shall be imprisoned for nonpayment of money to some party other than the crown.

A summary conviction

shall be a bar to any other proceeding for

the same case.

same shall or shall not contribute to such general rate: provided always, that where several persons shall join in the commission of the same offence, and shall, upon conviction thereof, each be adjudged to forfeit a sum equivalent to the value of the property or to the amount of the injury, in every such case no further sum shall be paid to the party aggrieved than that which shall be forfeited by one of such offenders only; and the corresponding sum or sums forfeited by the other offender or offenders shall be applied in the same manner as any penalty imposed by a justice of the peace is hereinbefore directed to be applied.

Form of conviction.

LXVII. And be it enacted, that in every case of a summary conviction under this act, where the sum which shall be forfeited for the value of the property stolen or taken, or for the amount of the injury done, or which shall be imposed as a penalty by the justice, shall not be paid, either immediately after the conviction, or within such period as the justice shall, at the time of the conviction, appoint, it shall be lawful for the convicting justice (unless where otherwise specially directed) to commit the offender to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, according to the discretion of the justice, for any term not exceeding two calendar months, where the amount of the sum forfeited, or of the penalty imposed, or of both, (as the case may be,) together with the costs, shall not exceed five pounds; and for any term not exceeding four calendar months, where the amount with costs shall not exceed ten pounds; and for any term not exceeding six calendar months, in any other case; the commitment to be determinable in each of the cases aforesaid upon payment of the amount and costs.

LXX. And be it enacted, that in case any person convicted of any offence punishable upon summary conviction by virtue of this act, shall have paid the sum adjudged to be paid, together with costs, under such conviction, or shall have received a remission thereof from the crown, or shall have suffered the imprisonment awarded for nonpayment thereof, or the imprisonment adjudged in the first instance, or shall have been discharged from his conviction in the manner aforesaid, in every such case he shall be released from all further or other proceedings for the same cause.

LXXI. And be it enacted, that the justice before whom any person shall be convicted of any offence against this act may cause the conviction to be drawn up in the following form of words, or in any other form of words to the same effect, as the case shall require; videlicet,

'BE it remembered, that on the
' of our Lord

day of

in the year

at

in the county of

[or riding, division, liberty, city, &c., as the case may be,] A. O. is convicted before me J. P., one of his Majesty's justices of the peace for the said county ' [or riding, &c.,] for that he the said A. O. did [specify the offence, and the time and place when and where the same was committed, as the case may be; and on a second conviction state the first conviction;] and I the said J. P.

adjudge the said A. O. for his said offence to be imprisoned in the

[or, I

and there kept to hard labour] adjudge the said A. O. for his said offence to forfeit and pay [here state the penalty actually im'posed, or state the penalty, and also the value of the articles stolen, or the amount of the penalty, and also the value of the articles stolen, or the amount of the injury done, as the case may be,] and also to pay the sum of

for costs, and in default of immediate payment of the said sums, to be imprisoned in the [or to be imprisoned in the and there kept to hard labour] for the space of

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