The like after a previous conviction of three years, or to be imprisoned for any term not exceeding two years, with or without hard labour. Note.-This clause is taken from the 14 & 15 Vict. c. 19, s. 1. The distinction between this clause and s. 54, ante, p. 145, as far as relates to being in a dwelling house with intent to commit a felony, is this, that under s. 54 the entry must be proved to have been in the night; but under this clause proof that the prisoner was in the dwelling house by night with the intent to commit felony is enough, and it is unnecessary to prove whether he entered by day or by night. As to hard labour, &c., see ante, p. 5. 59. Whosoever shall be convicted of any such misdemeanor as in the last preceding section mentioned, committed after a previous conviction, either for felony, for felony or such misdemeanor, shall on such sub &c. Stealing in house to sequent conviction be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding ten years and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour. Note.-This clause is taken from the 14 & 15 Vict. c. 19, s. 2. See s. 116, post, p. 198, for the form of indictment and proceedings thereon under this clause. As to hard labour, &c., see ante, p. 5. As to larceny in the house: 60. Whosoever shall steal in any dwelling house a dwelling any chattel, money, or valuable security, to the value in the whole of five pounds or more, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal the value of 51. servitude for any term not exceeding fourteen years and not less than three years,-or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Note.-This clause is taken from the 7 & 8 Geo. 4, c. 29, s. 12, and 9 Geo. 4, c. 25, s. 12 (I.). As to hard labour, &c., see ante, p. 5. house with menaces. 61. Whosoever shall steal any chattel, money, or Stealing in valuable security in any dwelling house, and shall by a dwelling any menace or threat put any one being therein in bodily fear, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding fourteen years and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Note. This clause is taken from the 7 Will. 4 & 1 Vict. c. 86, s. 5. As to hard labour, &c., see ante, p. 5. As to larceny in manufactories: process of 62. Whosoever shall steal, to the value of ten Stealing shillings, any woollen, linen, hempen, or cotton yarn, goods in or any goods or article of silk, woollen, linen, cotton, manufac alpaca, or mohair, or of any one or more of those ture. 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 liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding fourteen years and not less than three years,-or to be imprisoned for any term not exceeding two years, with or Stealing from ships, docks, wharves, &c. Stealing without hard labour, and with or without solitary confinement. Note. This clause is framed on the 7 & 8 Geo. 4, c. 29, s. 16, and the 9 Geo. 4, c. 55, s. 16 (I.), with the additions in Italics. As to hard labour, &c., see ante, p. As to larceny in ships, wharves, &c.: 63. Whosoever shall steal any goods or merchandise in any vessel, barge, or boat of any description whatsoever in any haven, or in any port of entry or discharge, or upon any navigable river or canal, or in any creek or basin belonging to or communicating with any such haven, port, river, or canal, or shall steal any goods or merchandise from any dock, wharf, or quay adjacent to any such haven, port, river, canal, creek, or basin, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for. r any term not exceeding fourteen years and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Note.-This clause is taken from the 7 & 8 Geo. 4, c. 29, s. 17, and the 9 Geo. 4, c. 55, s. 17 (I.), with the addition in Italics. As to hard labour, &c., see ante, p. 5. 64. Whosoever shall plunder or steal any part of from ship any ship or vessel which shall be in distress, or or wrecked. wrecked, stranded, or cast on shore, or any goods, in distress merchandise, or articles of any kind belonging to such ship or vessel, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding fourteen years and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement; and the offender may be indicted and tried either in the county or place in which the offence shall have been committed or in any county or place next adjoining. Note. The first part of this clause is taken from the 7 Will. 4 & 1 Vict. c. 87, s. 8. The last part from the last part of the 7 & 8 Geo. 4, c. 29, s. 18, and the 9 Geo. 4, c. 55, s. 18 (I.). A clause authorising a prosecution for simple larceny in certain cases falling within this clause, has been omitted as clearly superfluous. As to hard labour, &c., see ante, p. 5. wrecked account. 65. If any goods, merchandise, or articles of any Persons in kind, belonging to any ship or vessel in distress, or possession wrecked, stranded, or cast on shore, shall be found of shipin the possession of any person, or on the premises goods not of any person with his knowledge, and such person, giving a being taken or summoned before a justice of the satisfactory peace, shall not satisfy the justice that he came lawfully by the same, then the same shall, by order of the justice, be forthwith delivered over to or for the use of the rightful owner thereof; and the offender shall, on conviction of such offence before the justice, at the discretion of the justice, 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 six months, or else shall forfeit and pay, over and above the value of the goods, merchandise, or articles, such sum of money not exceeding twenty pounds as to the justice shall seem meet. Note. This clause is taken from the 7 & 8 Geo. 4, c. 29, s. 19. There was a similar clause in the 14 & 15 Vict. c. 92, s. 4 (I.). The words "by virtue of a search warrant" have been omitted in this clause. See the note to s. 14, ante, p. 113. If any person offers shipwrecked goods for sale, the goods may be seized, &c. As to the proceedings under this clause, see the Appendix, post. 66. If any person shall offer or expose for sale any goods, merchandise, or articles whatsoever, which shall have been unlawfully taken, or shall be reasonably suspected so to have been taken, from any ship or vessel in distress, or wrecked, stranded, or cast on shore, in every such case any person to whom the same shall be offered for sale, or any officer of the customs or excise, or peace officer, may lawfully seize the same, and shall with all convenient speed carry the same, or give notice of such seizure, to some justice of the peace; and if the person who shall have offered or exposed the same for sale, being summoned by such justice, shall not appear and satisfy the justice that he came lawfully by such goods, merchandise, or articles, then the same shall, by order of the justice, be forthwith delivered over to or for the use of the rightful owner thereof, upon payment of a reasonable reward (to be ascertained by the justice) to the person who seized the same; and the offender shall, on conviction of such offence by the justice, at the discretion of the justice, 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 six months, or else shall forfeit and pay, over and above the value of the goods, merchandise, or articles, such sum of money not exceeding twenty pounds as to the justice shall seem meet. Note. This clause is taken from the 7 & 8 Geo. 4, c. 29, s. 20. There was a similar clause in the 14 & 15 Vict. c. 92, s. 4 (I.). As to the proceedings under this clause, see the Appendix, post. |