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 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. XLVII. Provided always, and be it, &c., That nothing in this contained, nor any proceeding, conviction, or judgment, to be had, or taken thereupon, 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 offender 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. No. 1. Act 2 Vic. c. 5. This Act not to lessen any emely at law. Nor shall the conviction be received in evidence. XLVIII. And whereas, a failure of justice frequently arises Punishment from the subtle distinction between larceny and fraud, for remedy for obtaining thereof, Be it, &c., That if any person shall, by false pretences, &c., with inany chattel, obtain from any other person any chattel, money, or valuable tent to cheat. security, with intent to cheat or defraud any person of the same, every such offender shall be guilty of a misdemeanour, and being convicted thereof, shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding twelve calendar months, and if a male, to be once or twice publicly or privately whipped, if the Court shall so think fit, in addition to such imprisonment: Provided always, That if upon the trial of any person indicted for Proviso. such misdemeanour, it shall be proved that he obtained the property in question in such manner as to amount in law to larceny, he shall not, by reason thereof, be entitled to be acquitted of such misdemeanour; but no person tried for such misdemeanour shall be liable to be afterwards prosecuted for larceny on the same facts. Receivers of stolen goods guilty of felony. XLIX. And with regard to the receivers of stolen property: Be it, &c., 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 away, every such receiver shall be guilty of felony, and may be indicted and convicted either as an accessary 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 receiver, howsoever convicted, shall be liable at the discretion of the Court, 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, Proviso. for receiving, as aforesaid, shall be liable to be prosecuted a second time for the same offence. c. 5. Punishment for receiving stolen goods. No. 1. L. That if any person shall receive any chattel, money, valuable Act 2 Vic. security, or other property whatsoever, the stealing, taking, obtaining or converting whereof is made an indictable misdemeanour by this Act, such person knowing the same to have been unlawfully stolen, taken, obtained, or converted, every such offender shall be guilty of a misdemeanour, and may be indicted and convicted thereof, whether the person guilty of the principal misdemeanour 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 imprisoned for any term not exceeding one year, 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. Stolen property, when received, LI. And to encourage the prosecution of offenders: Be it, &c., That if any person guilty of any such felony or misdemeanour, as how dealt with. aforesaid, in stealing, taking, obtaining, or converting, or in knowingly receiving any chattel, money, valuable security, or other property, whatsoever, shall be indicted for any such offence, by or on 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 the Court, before whom any such person shall be so convicted, 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 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 negociable 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 misdemeanour, been stolen, taken, obtained, or converted, as aforesaid, in such case the Court shall not award or order the restitution of such security. Persons helping to stolen goods guilty of felony. Punishment for advertising rewards for stolen property. LII. 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, security, or other property whatsoever, which shall by any felony, or misdemeanour 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 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. LIII. 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 question will be asked, or shall make use of any words 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 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. LIV. 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 have been unlawfully come by, shall, on conviction thereof before two Justices 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 to. No. 1. Act 2 Vic. c. 5. Liability of persons receiving any knowing the same to be stolen. property, Justices of the Peace empow ered to hear and adjudicate in cases of Larceny not LV. And whereas, it is expedient that larcenies to a trifling amount should be punished in a summary manner; Be it, &c., That if any person or persons shall be brought before two Justices of the Peace, charged with larceny, and it shall appear, on proof, to the said Justices that the value of the property stolen or alleged to be stolen, does not exceed the sum of ten shillings, of lawful exceeding ten money of these islands, it shall and may be lawful for the said shillings. Justices to proceed to adjudicate on the case in a summary manner, and on conviction of the offender or offenders, to sentence him, her, or them to imprisonment, with or without hard labour, for any term not exceeding three months, or to forfeit and pay any sum of money, not exceeding the sum of five pounds of lawful money of these islands: Provided, That in case the Justices shall be of Proviso. opinion that the same is, from any circumstance, a fit subject for a prosecution by indictment, they shall abstain from any adjudication thereupon, and shall deal with the case in all respects in the same manner as in cases above the value of ten shillings. LVI. That in case of every felony punishable under this Act, Punishment of every principal in the second degree, and every accessary before accessaries, the fact, shall be punishable with death, or otherwise, in the same manner as the principal in the first degree is by this Act made punishable, and every accessary, 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 misdemeanour punishable under this Act, shall be liable to be indicted and punished as a principal offender. aiders and abettors. LVII. That if any person shall aid, abet, counsel or procure the Punishment of commission of any offence, which is by this Act punishable on summary conviction, either for every time of its commission, or for the first and second time only, or for the first time only, every such person shall, on conviction before two Justices 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. LVIII. And for the more effectual apprehension and discovery Persons may be of all offenders punishable under this Act; Be it, &c., That any apprehended No. 1. c. 5. without a warrant by a peace officer. person found committing any offence, punishable either upon an Act 2 Vic. indictment or upon summary conviction, by virtue of this Act, may be immediately apprehended, without a warrant, by any peace officer, or by the owner of the property, in or with respect to which the offence shall be committed, or by his servant, or by 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, before a Justice of the Peace, a reasonable cause to suspect that any person has in his possession, or on his premises, any property whatsoever, on or with respect to which any such offence shall have been committed, the Justice may grant a warrant to search for such property, as in the case of stolen goods; and any person to whom any property shall be offered to be sold, pawned, or delivered, if he shall have 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 carry before a Justice of the Peace, the party offering the same, together with such property, to be dealt with according to law. Prosecutions shall be commenced within six months LIX. That the prosecution for every offence punishable on summary conviction, under this Act, shall be commenced within six calendar months after the discovery of the offence, and not otherafter discovery. wise, and the evidence of the party aggrieved shall be admitted in proof of the offence. Justice may issue summons, and may proceed to hear the case ex parte. Sums of money forfeited for property stolen, how disposed of. LX. And for the more effectual prosecution of all offences punishable on summary conviction under this Act; Be it, &c., 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 due proof of the 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 with any other Justice to hear and determine the case ex parte, or issue his warrant for apprehending such person, and bringing him before himself and some other Justice of the Peace, or any other two Justices; or the Justice before whom the charge shall be made may (if he shall so think fit), without any previous summons, unless where otherwise specially directed, issue such warrant, and the Justices, before whom the person charged shall appear or be brought, shall proceed to hear and determine the case. LXI. And with regard to the application of all forfeitures and penalties upon summary conviction under this Act; Be it, &c., 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 Justices, shall be paid to the party aggrieved, if known, except where such party shall have been examined in proof of the offence, 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 imposed as a penalty by any Justice of the Peace, whether in addition to such value or amount, or otherwise, shall be paid into the Public Treasury of the said islands, in aid of the support of Her Majesty's Government therein, and the con No. 1. Act 2 Vic. c. 5. tingent expenses thereof; Provided always, That where several LXII. That in every ease of a summary conviction under this Aet, where the sum which shall be forfeited for the value of the property stolen, or for the amount of the injury done, or which shall be imposed as a penalty by the Justices, shall not be paid either immediately after the conviction, or within such period as the Justices at the time of the conviction shall appoint, it shall be lawful for the convicting Justices, 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 within or without the walls of the same, according to the discretion of the Justices, 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 cases; the commitment to be determinable in each of the cases aforesaid upon payment of the amount and costs. LXIII. That where any person shall be summarily convicted before two Justices of the Peace of any offence against this Act, and it shall be a first conviction, it shall be lawful for the Justices, if they 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 Justices. For non-payment of a penalty, the be committed. offender may For a first conviction the Justice may discharge the offender. LXIV. That the Justices before whom any person shall be con- Form of convicted of any offence against this Act, may cause the conviction to viction. 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, viz. :— at one of the said Turks and Caicos Islands, kept to hard labour) for the space of for costs; and in default of immediate payment of the said sums, |