24 & 25 VICT. CAP. 96. Receiving where the principal is guilty of felony. "Five Indictment for stealing As to receiving stolen goods: 91. Whosoever shall receive any chattel, money, valuable security, or other property whatsoever, the stealing, taking, extorting, obtaining, embezzling, or otherwise disposing whereof shall amount to a felony, either at common law or by virtue of this act, knowing the same to have been feloniously stolen, taken, extorted, obtained, embezzled, or disposed of, 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 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, if a male under the age of sixteen years, with or without whipping: Provided that no person, howsoever tried for receiving as aforesaid, shall be liable to be prosecuted a second time for the same offence. 92. In any indictment containing a charge of feloniously and receiv stealing any property it shall be lawful to add a count or several counts for feloniously receiving the same or any part or parts thereof, knowing the same to have been stolen, and in any indictment for feloniously receiving any property knowing it to have been stolen it shall be lawful to add a count for feloniously stealing the same; and where any such indictment shall have been preferred and found against any person, the prosecutor shall not be put to his election, but it shall be lawful for the jury who shall try the same to find a verdict of guilty, either of stealing the property, or of receiving the same, or any part or parts thereof, knowing the same to have been stolen; and if such indictment shall have been preferred and found against two or more persons it shall be lawful for the jury who shall try the same to find all or any of the said persons guilty either of stealing the property or of receiving the same, or any part or parts thereof, knowing the same to have been stolen, or to find one or more of the said persons guilty of stealing the property, and the other or others of them guilty of receiving the same or any part or parts thereof knowing the same to have been stolen. ing. Separate receivers may indictment in the ab 93. Whenever any property whatsoever shall have been be included stolen, taken, extorted, obtained, embezzled, or otherwise in the same disposed of in such a manner as to amount to a felony, either at common law or by virtue of this act, any number sence of the of receivers at different times of such property, or of any principal. part or parts thereof, may be charged with substantive felonies in the same indictment, and may be tried together, notwithstanding that the principal felon shall not be in cluded in the same indictment, or shall not be in custody or 24 & 25 VICT. amenable to justice. CAP. 96. jointly re 94. If upon the trial of any two or more persons in- On an indicted for jointly receiving any property it shall be proved dictment for that one or more of such persons separately received any ceiving, perpart or parts of such property, it shall be lawful for the sons may be jury to convict, upon such indictment, such of the said persons as shall be proved to have received any part or parts receiving. of such property. convicted of separately where the misdemea 95. Whosoever shall receive any chattel, money, valua- Receiving, ble security, or other property whatsoever, the stealing, principal taking, obtaining, converting, or disposing whereof is made has been a misdemeanor by this act, knowing the same to have been guilty of a unlawfully stolen, taken, obtained, converted, or disposed nor. of, shall be guilty of a misdemeanor, and may be indicted and convicted thereof, whether the person guilty of the principal misdemeanor shall or shall not have been previously convicted thereof, or shall or shall not be amenable to justice; and every such receiver, 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 "Five" 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. where 96. Whosoever shall receive any chattel, money, valuable Receiver security, or other property whatsoever, knowing the same triable. to have been feloniously or unlawfully stolen, taken, obtained, converted, or disposed of, may, whether charged as an accessory after the fact to the felony, or with a substantive felony, or with a misdemeanor only, 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. where the on summary 97. Where the stealing or taking of any property what- Receivers of soever is by this act punishable on summary conviction, property, either for every offence, or for the first and second offence original only, or for the first offence only, any person who shall offence is receive any such property, knowing the same to be unlaw- punishable fully come by, shall, on conviction thereof before a justice conviction. 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. 98. In case of every felony punishable under this act Principals in 24 & 25 VICT. CAP. 96. the second degree and accessories. Sects. 98 to 100, 103, 105, every principal in the second degree, and every accessory before the fact, shall be punishable 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, at the discretion of the court, to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement; and every person who shall aid, abet, counsel, or c. procure the commission of any misdemeanor punishable under this act shall be liable to be indicted and punished as a principal offender. 107 to 113, and 115 to 121, in corporated by 27 & 28 Vict. o. 91 s. 14; and 30 & 31 Vict. 119 s. 15; c. 128 s. 16. Abettors in offences punishable conviction. 99. Whosoever shall aid, abet, counsel, or procure the commission of any offence which is by this act punishable on summary on summary conviction, either for every time of its commission, or for the first and second time only, or for the first time only, shall, on conviction before a justice of the peace, be liable, for every first, second, or subsequent 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 is by this act made liable. Sects. 99, 100, 103, 105, 107 to 118, and 115 to 121, incorpo rated by 25 & 26 Vict. c. 64 s. 17. The owner of stolen property thief or receiver to conviction shall have restitution of his property. As to restitution and recovery of stolen property: 100. If any person guilty of any such felony or misdemeanor as is mentioned in this act, in stealing, taking, prosecuting obtaining, extorting, embezzling, converting, or disposing of, or in knowingly receiving, any chattel, money, valuable security, or other property whatsoever, shall be indicted for such offence, by or on the behalf of the owner of the property, or his executor or administrator, and convicted thereof, in such case the property shall be restored to the owner or his representative; and in every case in this section aforesaid the court before whom any person shall be tried for any such felony or misdemeanor shall have power to award from time to time writs of restitution for the said property, or to order the restitution thereof in a summary Provision as manner: Provided, that if it shall appear before any award or order made that any valuable security shall have been bonâ fide paid or discharged by some person or body corporate liable to the payment thereof, or being a negotiable instrument shall have been bonâ 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, extorted, embezzled, converted, or disposed of, in such case the court shall not award or order the restitution of such Not to apply security: Provided also, that nothing in this section conto prosecu- tained shall apply to the case of any prosecution of any trustee, banker, merchant, attorney, factor, broker, or bankers, &c. other agent intrusted with the possession of goods or docu to valuable and nego. tiable secu rities. tions of trustees, ments of title to goods for any misdemeanor against this 24 & 25 VICT. act. CAP. 96. the recovery out bringing 101. Whosoever shall corruptly take any money or Taking a reward, directly or indirectly, under pretence or upon reward for account of helping any person to any chattel, money, valu- helping to able security, or other property whatsoever which shall by of stolen proany felony or misdemeanor have been stolen, taken, obtained, perty with. extorted, embezzled, converted, or disposed of, as in this the offender act before mentioned, shall (unless he shall have used all to trial. due diligence to cause the offender to be 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 kept in penal servitude for any term not exceeding seven years and not less than [three] years-or to be imprisoned for any term "Five" not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of eighteen years, with or without whipping. a reward for 102. Whosoever shall publicly advertise a reward for the Advertising return of any property whatsoever which shall have been the return stolen or lost, and shall in such advertisement use any words of stolen purporting that no questions will be asked, or shall make property, &c, 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 inquiry 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 shall print or publish any such advertisement, 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. A in person the act of prehended As to apprehension of offenders, and other proceedings: 103. Any person found committing any offence punishable, committing either upon indictment or upon summary conviction, by any offence virtue of this act, except only the offence of angling in the may be apdaytime, may be immediately apprehended without a war- without a rant by any person, and forthwith taken, together with warrant. such property, if any, before some neighbouring justice of the peace, to be dealt with according to law; and if any A justice, credible witness shall prove upon oath before a justice of upon good the peace a reasonable cause to suspect that any person has grounds of in his possession or on his premises any property whatsoever proved on on or with respect to which any offence, punishable either oath, may upon indictment or upon summary conviction by virtue of search this act, shall have been committed, the justice may grant warrant. a warrant to search for such property as in the case of stolen goods; and any person to whom any property shall Any person be offered to be sold, pawned, or delivered, if he shall have to whom D-D suspicion grant a CAP. 96. 24 & 25 VICT. reasonable cause to suspect that any such offence has been committed on or with respect to such property, is hereby authorized, and, if in his power, is required to apprehend and forthwith to take before a justice of the peace the party offering the same, together with such property, to be dealt with according to law. stolen property is offered may seize the party offer ing it. A person loitering at night and suspected of against this act may be any felony apprehended. Mode of com. of persons conviction. s. By 25 & 26 Vict. c. 50 tion is not to 3, this sec 104. Any constable or peace officer may take into custody, without warrant, any person whom he shall find lying or loitering in any highway, yard, or other place during the night, and whom he shall have good cause to suspect of having committed, or being about to commit, any felony against this act, and shall take such person, as soon as reasonably may be, before a justice of the peace, to be dealt with according to law. 105. Where any person shall be charged on the oath of a pelling the credible witness before any justice of the peace with any appearance offence punishable on summary conviction under this act, punishable the justice may summon the person charged to appear at a on summary 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 ceedings to other justice of the peace; or the justice before whom the be subject to charge shall be made may (if he shall so think fit), without provisions of 14 & 15 Vict. any previous summons (unless where otherwise specially c. 93 and 21 directed), issue such warrant, and the justice before whom & 22 Vict. c. the person charged shall appear or be brought shall proceed to hear and determine the case. extend to Ireland, but all such pro 100. Application offorfeitures and penal mary convictions. 106. Every sum of money which shall be forfeited on any summary conviction for the value of any property stolen or ties on sum- 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, except where he is unknown, and in that case such sum shall be applied in the same manner as a penalty; and every sum which shall be imposed as a penalty by any justice of the peace, whether in addition to such value or amount or otherwise, shall be paid and applied in the same manner as other penalties recoverable before justices of the peace are to be paid and applied in cases where the statute imposing the same contains no direction for the payment thereof to any person: Provided, that where several persons shall join in the commission of the same offence, and shall, upon conviction sons join in thereof, each be adjudged to forfeit a sum equivalent to the commission value of the property or to the amount of the injury, in of the same every such case no further sum shall be paid to the party aggrieved than such value or amount; and the remaining sum or sums forfeited shall be applied in the same manner Proviso where several per offence. |