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CAP. 95.

any person, shall be guilty of felony, and being convicted 24 & 25 VIST, thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life, or for any term not less than [three] years-or to be imprisoned for any term not exceed- "Five" ing two years, with or without hard labour, and with or without solitary confinement.

money, &c.

naces.

44. Whosoever shall send, deliver, or utter, or directly or Letter deindirectly cause to be received, knowing the contents manding thereof, any letter or writing demanding of any person with with memenaces, and without any reasonable or probable cause, any property, chattel, money, valuable security, or other valuable thing, 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 life or for any term not less than [three years-or to be imprisoned for any term not exceed- "Five" ing two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping.

with me

45. Whosoever shall with menaces or by force demand Demanding any property, chattel, money, valuable security, or other money, &c. valuable thing of any person, with intent to steal the same, naces, or by shall be guilty of felony, and being convicted thereof shall force, with be liable, at the discretion of the court, to be kept in penal teal. servitude for the term of [three] years or to be imprisoned for "Five" any term not exceeding two years, with or without hard labour, and with or without solitary confinement.

intent to

to accuse of

46. Whosoever shall send, deliver, or utter, or directly or Letter indirectly cause to be received, knowing the contents threatening thereof, any letter or writing accusing or threatening to crime, with accuse any other person of any crime punishable by law intent to exwith death or penal servitude for not less than seven years, tort. or of any assault with intent to commit any rape, or of any attempt or endeavour to commit any rape, or of any infamous crime as herein-after defined, with a view or intent in any of such cases to extort or gain by means of such letter or writing any property, chattel, money, valuable security, or other valuable thing, from any person, 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 life, or for any term not less than [three] years-or to be im- "Five" prisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and if a male under the age of sixteen years, with or without whipping; and the abominable crime of buggery, “Infamous committed either with mankind or with beast, and every crime" deassault with intent to commit the said abominable crime, fined. and every attempt or endeavour to commit the said abominable crime, 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

24 & 25 VICT. crime, shall be deemed to be an infamous crime within the meaning of this act.

OAP. 96.

Accusing or

to accuse, with intent to extort.

47. Whosoever shall accuse or threaten to accuse, either threatening the person to whom such accusation or threat shall be made or any other of any of the infamous or other crimes person, lastly herein-before mentioned, with the view or intent in any of the cases last aforesaid to extort or gain from such person so accused or threatened to be accused, or from any other person, any property, chattel, money, valuable security, or other valuable thing, 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 life, or for any term not less than [three] years-or to be imprisoned for any term not exceeding two years, with or without hard labour. and, if a male under the age of sixteen years, with or without whipping.

"Five ""

Inducing a person by violence or threats to execute

deeds, &c., with intent

48. Whosoever, with intent to defraud or injure any other person, shall, by any unlawful violence to or restraint of, or threat of violence to or restraint of, the person of another, or by accusing or threatening to accuse any person of any treason, felony, or infamous crime as herein-before deto defraud. fined, compel or induce any person to execute, make, accept, indorse, alter, or destroy the whole or any part of any valuable security, or to write, impress, or affix his name, or the name of any other person, or of any company, firm, or copartnership, or the seal of any body corporate, company, or society, upon or to any paper or parchment, in order that the same may be afterwards made or converted into, or used or dealt with as a valuable security, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in peual servitude for life, or for any term 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 confine

"Five"

It shall be immaterial

ment.

49. It shall be immaterial whether the menaces or threats from whom nerein-before mentioned be of violence, injury, or accusathe menaces tion to be caused or made by the offender or by any other proceed.

Breaking

a church or

any felony.

person.

As to sacrilege, burglary, and housebreaking:

50. Whosoever shall break and enter any church, chapel, and entering meeting house, or other place of divine worship, and commit chapel and any felony therein, or being in any church, chapel, meeting committing house, or other place of divine worship shall commit any felony therein and break out of the same, 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 life, or for any term 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 confine

"Five"

ment.

CAP. 96.

51. Whosoever shall enter the dwelling house of another 24 & 25 VIOT, with intent to commit any felony therein, or being in such dwelling house shall commit any felony therein, and shall Burglary by in either case break out of the said dwelling house in the breaking night, shall be deemed guilty of burglary.

out.

52. Whosoever shall be convicted of the crime of bur- Burglary. glary shall be liable, at the discretion of the court, to be kept in penal servitude for life, or for any term not less than [three]years-or to be imprisoned for any term not exceed- "Five" ing two years, with or without hard labour, and with or without solitary confinement.

deemed part

53. No building, although within the same curtilage with What building within any dwelling house, and occupied therewith, shall be deemed the curtilage to be part of such dwelling house for any of the purposes shall be of this act, unless there shall be a communication between of the dwellsuch building and dwelling house, either immediate, or by ing house. means of a covered and inclosed passage leading from the one to the other.

dwelling

commit any

54. Whosoever shall enter any dwelling house in the Entering a night, with intent to commit any felony therein, shall be house in the guilty of felony, and being convicted thereof shall be liable, night with at the discretion of the court, to be kept in penal servitude intent to for any term not exceeding seven years and not less than felony. [three] years or to be imprisoned for any term not exceeding Five" two years, with or without hard labour, and with or without solitary confinement.

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into any

curtilage

house and

55. Whosoever shall break and enter any building, and Breaking commit any felony therein, such building being within the building curtilage of a dwelling house, and occupied therewith, but within the not being part thereof, according to the provision herein- which is no before mentioned, or being in any such building shall com- part of the mit any felony therein, and break out of the same, shall be dwelling guilty of felony, and being convicted thereof shall be liable, committing at the discretion of the court, to be kept in penal servitude any felony. for any term not exceeding fourteen years and not less than [three years or to be imprisoned for any term not exceeding "Five" two years, with or without hard labour, and with or without solitary confinement.

into any

&c., and

56. Whosoever shall break and enter any dwelling house, Breaking schoolhouse, shop, warehouse, or counting-house, and com- house, shop, mit any felony therein, or, being in any dwelling house, warehouse, schoolhouse, shop, warehouse, or counting-house, shall com- committing mit any felony therein, and break out of the same, shall be any felony 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 "Five" two years, with or without hard labour, and with or without solitary confinement.

57. Whosoever shall break and enter any dwelling house, Housebreakchurch, chapel, meeting-house, or other place of divine ing,&c., with

D-C

CAP. 96.

intent to

commit any felony.

24 & 25 VICT. Worship, or any building within the curtilage, schoolhouse, shop, warehouse, or counting-house, with intent to commit any felony therein, 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 seven 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 confine

"Five"

Being armed

with intent

enter any

night.

ment.

58. Whosoever shall be found by night armed with any to break and dangerous or offensive weapon or instrument whatsoever, with intent to break or enter into any dwelling house or house in the other building whatsoever, and to commit any felony therein, or shall be found by night having in his possession without lawful excuse (the proof of which excuse shall lie on such person) any picklock key, crow, jack, bit, or other implement of housebreaking, or shall be found by night having his face blackened or otherwise disguised with intent to commit any felony, or shall be found by night in any dwelling house or other building whatsoever with intent to commit any felony therein, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for the term of [three years or to be imprisoned for any term not exceeding two years, with or without hard labour.

"Five"

The like,

after a pre

vious conviction for

59. Whosoever shall be convicted of any such misdemeanor as in the last preceding section mentioned, committed after a previous conviction, either for felony or such felony, &c. misdemeanor, shall on such subsequent 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.

"Five"

Stealing in

a dwelling value of 57.

house to the

"Five"

Stealing in a dwelling

menaces.

As to larceny in the house:

60. Whosoever shall steal in any dwelling house 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 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.

61. Whosoever shall steal any chattel, money, or valuable house with security in any dwelling house, and shall by 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

"Five"

two years, with or without hard labour, and with or without 24 & 25 VICT. solitary confinement.

As to larceny in manufactories:

CAP. 96.

goods in

process of

ture.

62. Whosoever shall steal, to the value of ten shillings, Stealing any woollen, linen, hempen, or cotton yarn, or any goods or article of silk, woollen, linen, cotton, alpaca, or mohair, or manufac of any one or more of 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 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.

As to larceny in ships, wharfs, &c. :

"Five"

63. Whosoever shall steal any goods or merchandise in Stealing any vessel, barge, or boat of any description whatsoever in from ships, docks, any haven, or in any port of entry or discharge, or upon wharfs, &c. 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 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.

"Five

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64. Whosoever shall plunder or steal any part of any ship Stealing from ship in or vessel which shall be in distress, or wrecked, stranded, or distress or cast on shore, or any goods, merchandise, or articles of any wrecked. 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] "Five" 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.

4

65. If any goods, merchandise, or articles of any kind, Persons in belonging to any ship or vessel in distress, or wrecked, shipwrecked possession of stranded, or cast on shore, shall be found in the possession goods not of any person, or on the premises of any person with giving a satisfactory his knowledge, and such person, being taken or sum account. moned before a justice of the peace, shall not satisfy the justice that he came lawfully by the same, then the

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