28 Vic. c. 37. to allege that the party accused did the act with intent to defraud, without alleging an intent to defraud any particular person, and without alleging any ownership of the chattel, money or valuable security; and on the trial of any such information, it shall not be necessary to prove an intent to defraud any particular person, but it shall be sufficient to prove that the party accused did the act charged with an intent to defraud. Where any money or thing is caused to be paid or de livered to any person other than the per son making a false pretence. Inducing per to execute deeds and other instruments. LXXVII. Whosoever shall, by any false pretence, cause, or procure any money to be paid, or any chattel, or valuable security, to be delivered to any other person, for the use or benefit, or on account of the person making such false pretence, or of other any person, with intent to defraud, shall be deemed to have obtained such money, chattel or valuable security, within the meaning of the last preceding section. LXXVIII. Whosoever, with intent to defraud, or injure any other person, shall, by any false pretence, fraudulently cause, or induce any other person to execute, make, accept, endorse, or sons by fraud 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 any paper or parchment, in order that the same may be afterwards made or converted into, or used, or dealt, as a valuable security, 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, and with or without solitary confinement. Receiving where the principal is guilty of felony. Information for stealing and receiving. AS TO RECEIVING STOLEN GOODS. LXXIX. 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 prosecuted 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. LXXX. In any information containing a charge of feloniously 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 information 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 information shall have been pre- 28 Vic. c. 37. ferred, 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 information shall have been preferred 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. the same infor LXXXI. Whenever any property whatsoever shall have been Separate stolen, taken, extorted, obtained, embezzled or otherwise disposed receivers may of, in such manner as to amount to a felony, either at common law be included in or by virtue of this Act, any number of receivers, at different mation in the times, of such property, or of any part or parts thereof, may be absence of the charged with substantive felonies in the same information, and principal. may be tried together, notwithstanding that the principal felon shall not be included in the same information, or shall not be in custody, or amenable to justice. ing, persons LXXXII. If, upon the trial of any two or more persons prose- On an inforcuted for jointly receiving any property, it shall be proved that mation for one or more of such persons separately received any part or parts jointly receivof such property, it shall be lawful for the Jury to convict upon such information such of the said persons as shall be proved to have received any part or parts of such property. may be convicted of separately re a misdemeanor. LXXXIII. Whosoever shall receive any chattel, money, valuable ceiving. security, or other property whatsoever, the stealing, taking, ob- Receiving taining, converting or disposing whereof is made a misdemeanor where the by this Act, knowing the same to have been unlawfully stolen, been guilty of principal has taken, obtained, converted or disposed of, shall be guilty of a misdemeanor, and may be prosecuted 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 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. offence is punishable on summary conviction. LXXXIV. Where the stealing or taking of any property Receivers of whatsoever is by this Act punishable on summary conviction, property where either for every offence, or for the first and second offence only, the original 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. LXXXV. In case of every felony, punishable under this Act, Principals in every principal in the second degree, and every accessory before the second degree, and accessories. 28 Vic. c. 37. 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, misdemeanors. abet, counsel or procure the commission of any misdemeanor, punishable under this Act, shall be liable to be prosecuted and punished as a principal offender. Abettors in Abettors in offences punishable on summary conviction. The owner of stolen property prosecuting thief or receiver to conviction, shall have restitution of his property. LXXXVI. Whosoever shall aid, abet, counsel or procure the commission of any offence, which is by this Act punishable on summary conviction, either for every time of the 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. AS TO RESTITUTION AND RECOVERY OF STOLEN PROPERTY. LXXXVII. If any person guilty of any such felony or misdemeanor, as is mentioned in this Act, in stealing, taking, obtaining, extorting, embezzling, converting or disposing of, or in knowingly receiving any chattel, money, valuable security, or other property whatsoever, shall be prosecuted 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, Provision as to or to order the restitution thereof in a summary 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 security: Provided also, to prosecutions that nothing in this section contained shall apply to the case of of trustees, any prosecution of any trustee, banker, merchant, attorney, factor, broker or other agent, intrusted with the possession of goods or documents of title to goods, for any misdemeanor against this Act. valuable and negotiable securities. Not to apply bankers, &c. Taking a reward for helping to the recovery of stolen property without bring ing the offender to trial. LXXXVIII. Whosoever 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, extorted, embezzled, converted or disposed of, as in this Act before mentioned, shall (unless he shall have used all due diligence to cause the offender to be brought to trial for the same), be guilty of felony, and being 28 Vic. c. 37. 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 confinement, and, if a male under the age of eighteen years, with or without whipping. the return of LXXXIX. Whosoever shall publicly advertise a reward for Advertising the return of any property whatsoever, which shall have been a reward for stolen or lost, and shall in such advertisement use any words pur- stolen proporting that no questions will be asked, or shall make use of any perty, &c. 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. committing AS TO APPREHENSION OF OFFENDERS AND OTHER PROCEEDINGS. XC. Any person found committing any offence punishable A person in either upon information or upon summary conviction, by virtue of the act of this Act, may be immediately apprehended without a warrant, by any offence any person, and forthwith taken, together with the property, if may be apany, before some neighbouring Justice of the Peace, to be dealt prehended with according to law; and if any credible witness shall prove without a 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 offence punishable either upon information or upon summary conviction warrant. by virtue of this Act shall have been committed, the Justice may A Justice may grant a warrant to search for such property, as in the case of grant a search stolen goods; and any person to whom any property shall be warrant upon offered to be sold, pawned or delivered, if he shall have reasonable certain 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 Justice of the Peace the party offering the same, together with such property, to be dealt with according to law. a grounds. who offers be apprehended. XCI. Any constable or peace officer may take into custody, without warrant, any person whom he shall find lying or loitering A person in any highway, yard or other place during the night, and whom loitering at night and sushe shall have good cause to suspect of having committed, or being pected of any about to commit, any felony against this Act, and shall take such felony against person, as soon as reasonably may be, before a Justice of the this Act may Peace, to be dealt with according to law. be appre- XCII. Where any person shall be charged on the oath of a credible witness, before any Justice of the Peace, with any offence Mode of compunishable on summary conviction under this Act, the Justice pelling the apmay summon the person charged to appear at a time and place to pearance of persons punishable on summary conviction. 28 Vic. c. 37. 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 summons (unless where otherwise specially directed), issue such warrant; and the Justice before whom the person charged shall appear or be brought, shall proceed to hear and determine the case. Application of forfeitures and penalties on summary convictions. Proviso where several persons join in commission of same offence. If a person summarily XCIII. Every sum of money which shall be forfeited on any summary conviction, for the value of any property stolen or taken, or for the amount of any injury done (such value or amonnt 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 thereof each be adjudged to forfeit a sum equivalent to the value of the property or to the amount of the injury, or in 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 as any penalty imposed by a Justice of the Peace is hereinbefore directed to be applied. XCIV. 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, the Justice may or which shall be imposed as a penalty by the Justice, shall convicted shall not pay, &c., commit him. Scale of imprisonment. Justice may discharge the offender in certain cases. not be paid either immediately after the conviction or within such period as the Justice shall at the time of the conviction appoint, the convicting Justice (unless where otherwise specially directed), may commit the offender to any lawful prison within the Colony, 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 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 months, where the amount with costs shall not exceed ten pounds, and for any term not exceeding six months in any other case; the commitment to be determinable in each of the cases aforesaid upon payment of the amount and costs. XCV. Where any person shall be summarily convicted before a Justice of the Peace of any offence against this Act, and it shall be a first conviction, the Justice may, if he shall so think fit, 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. |