XLII. Whosoever shall enter the dwelling-house of another with intent to commit any felony therein, or being in such dwelling-house shall commit any felony therein, and shall in either case break out of the said dwelling-house in the night, shall be deemed guilty of burglary.

XLIII. Whosoever shall be convicted of the crime of burglary 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 confinement.

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

XLV. Whosoever shall enter any dwelling-house in the night, 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 confinement. XLVI. Whosoever shall break and enter any building and commit any felony therein, such building being within the curtilage of a dwelling-house and occupied therewith, but not being part thereof, according to the provision hereinbefore mentioned, or in any such building 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 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.

XLVII. Whosoever shall break and enter any dwelling-house, school-house, shop, warehouse or counting-house, and commit any felony therein, or being in any dwelling-house, school-house, shop, warehouse or counting-house, 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 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.

XLVIII. Whosoever shall break and enter any dwelling-house, church, chapel, meeting-house, or other place of divine worship, or any building within the curtilage, school-house, 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 confinement.

XLIX. Whosoever shall be found by night armed with any

dangerous or offensive weapon or instrument whatsoever, with in- 28 Vic. c. 37. tent to break or enter into any dwelling-house or other building whatsoever, and to commit any felony therein, or shall be found break and by night having in his possession without lawful excuse (the enter any proof of which excuse shall lie on such person) any picklock, key, house in the crow, jack, bit or other implement of house-breaking; or shall be night. 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.

L. Whosoever shall be convicted of any such misdemeanor as The like after in the last preceding section mentioned, committed after a pre- a previous convious conviction, either for felony or such misdemeanor, shall on viction for such subsequent conviction be liable, at the discretion of the felony, &c. 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.

AS TO LARCENY IN THE HOUSE.

£5.

LI. Whosoever shall steal in any dwelling-house any chattel, Stealing in a money or valuable security, to the value in the whole of five dwelling-house pounds or more, shall be guilty of felony, and being convicted to the value of 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.

menaces.

LII. Whosoever shall steal any chattel, money or valuable Stealing in a security in any dwelling-house, and shall, by any menace or threat, dwellingput any one being therein to bodily fear, shall be guilty of felony, house, with 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, WHARVES, &C.

LIII. Whosoever shall steal any goods or merchandize in any Stealing from vessel, barge or boat, of any description whatsoever, in any har- ships, docks, bour, anchorage or roadstead, or in any port of entry or discharge, wharves, &c. or in any creek or basin, or other place belonging to or communicating with any such harbour, anchorage, roadstead or port, or shall steal any goods or merchandize from any dock, wharf or quay, adjacent to any such harbour, anchorage, roadstead, port, creek or basin, 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.

28 Vic. c. 37.

or wrecked.

LIV. Whosoever shall plunder or steal any part of any ship or vessel, which shall be in distress or wrecked, stranded or cast on Stealing from shore, or any goods, merchandize or articles of any kind belonging ship in distress, to or being on board of any 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.

Persons in possession of shipwrecked goods not giving a satisfactory

account.

If any person offers shipwrecked goods for sale, the goods may be seized, &c.

LV. If any goods, merchandize or articles of any kind, belonging to any ship or vessel in distress, or wrecked, stranded, or cast on shore, shall be found in the possession of any person, or on the premises of any person with his knowledge, and such person, being taken or summoned before a Justice of the 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 any lawful prison within the Colony, 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, merchandize or articles, such sum of money not exceeding twenty pounds, as to the Justice shall seem meet; and should the person or persons in whose premises or possession such property be found have been instrumental by himself or servants in saving the same, or any part of the cargo, materials or other articles whatsoever that may have come from the ship or vessel, from whence the property found shall have come, he, she or they and all and every other person or persons so concerned in such embezzlement or fraud, shall forfeit all right to any salvage or remuneration they might otherwise have been entitled to for services rendered or property or money saved.

LVI. If any person shall offer or expose for sale any goods, merchandize or articles whatsoever, which shall have been unlawfully taken or shall reasonably be 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 revenue 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, merchandize 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 any lawful prison within the Colony, 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,

merchandize or articles such sum of money not exceeding twenty 28 Vic. c. 37. pounds, as to the Justice shall seem meet.

AS TO LARCENY OR EMBEZZLEMENT BY CLERKS, SERVANTS OR

PERSONS IN THE PUBLIC SERVICE.

LVII. Whosoever being a clerk or servant, or being employed Larceny by for the purpose, or in the capacity of a clerk or servant, shall steal clerks or any chattel, money or valuable security, belonging to or in the servants. possession or power of his master or employer, 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, if a male under the age of sixteen years, with or without whipping.

servants.

LVIII. Whosoever being a clerk, or servant, or being employed Embezzlement for the purpose or in the capacity of a clerk or servant, shall by clerks or fraudulently embezzle any chattel, money or valuable security which shall be delivered to or received, or taken into possession by him for, or in the name, or on account of his master or employer, or any part thereof, shall be deemed to have feloniously stolen the same from his master or employer, although such chattel, money or security was not received into the possession of such master or employer, otherwise than by the actual possession of his clerk, servant or other person so employed, 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, if a male under the age of sixteen years, with or without whipping.

pos

vice.

LIX. Whosoever, being employed in the public service of Her Larceny by Majesty in the Colony in any capacity whatsoever, shall steal any persons in the chattel, money or valuable security belonging to, or in the Queen's sersession or power of Her Majesty, or intrusted to or received or taken into possession by him by virtue of his employment, 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.

service.

LX. Whosoever, being employed in the public service of Her Embezzlement Majesty in the Colony in any capacity whatsoever, and intrusted by persons in by virtue of such employment with the receipt, custody, managethe Queen's ment, or control of any chattel, money or valuable security, shall embezzle any chattel, money or valuable security, which shall be intrusted to or received, or taken into possession by him, by virtue of his employment, or any part thereof, or in any manner fraudulently apply or dispose of the same or any part thereof, to his own use or benefit, or for any purpose whatsoever, except for the public service, shall be deemed to have feloniously stolen the same from Her Majesty, 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

28 Vic. c. 37. without hard labour; and in every case of larceny, embezzlement, or fraudulent application or disposition of any chattel, money or valuable security, in this and the last preceding section mentioned, it shall be lawful, in the warrant of commitment by the Justice of the Peace before whom the offender shall be charged, and in the information to be preferred against such offender, to lay the property of any such chattel, money or valuable security in Her Majesty.

Form of war. rant of commitment and information.

Distinct act of

embezzlement may be charged

in the same information.

Persons prosecuted for embezzlement as a clerk, &c., not to be ac

quitted if the offence turn out to be larceny, and vice versâ.

LXI. For preventing difficulties in the prosecution of offenders, in case of embezzlement, fraudulent application or disposition, hereinbefore mentioned, it shall be lawful to charge in the information and proceed against the offender for any number of distinct acts of embezzlement, or of fraudulent application or disposition, not exceeding three, which may have been committed by him against Her Majesty, or against the same master or employer, within the space of six months from the first to the last of such acts; and in every such information where the offence shall relate to any money, or any valuable security, it shall be sufficient to allege the embezzlement, or fraudulent application or disposition, to be of money, without specifying any particular coin or valuable security, and such allegation, so far as regards the description of the property, shall be sustained, if the offender shall be proved to have embezzled, or fraudulently applied or disposed of any amount, although the particular species of coin or valuable security, of which such amount was composed, shall not be proved; or if he shall be proved to have embezzled or fraudulently applied or disposed of any piece of coin or any valuable security, or any portion of the value thereof, although such piece of coin or valuable security may have been delivered to him, in order that some part of the value thereof should be returned to the party delivering the same, or to some other person, and such part shall have been returned accordingly.

LXII. If upon the trial of any person prosecuted for embezzlement, or fraudulent application, or disposition, as aforesaid, it shall be proved that he took the property in question, in any such manner as to amount in law to larceny, he shall not by reason thereof be entitled to be acquitted, but the Jury shall be at liberty to return as their verdict, that such person is not guilty of embezzlement, or fraudulent application or disposition, but is guilty of simple larceny, or of larceny as a clerk, servant, or person employed for the purpose, or in the capacity of a clerk, or servant, or as a person employed in the public service, as the case may be; and thereupon such person shall be liable to be punished in the same manner, as if he had been convicted upon an information for such larceny; and if, upon the trial of any person prosecuted for larceny, it shall be proved that he took the property in question, in any such manner as to amount in law to embezzlement, or fraudulent application or disposition, as aforesaid, he shall not, by reason thereof, be entitled to be acquitted, but the Jury shall be at liberty to return as their verdict, that such person is not guilty of larceny, but is guilty of embezzlement, or fraudulent application, or disposition, as the case may be, and thereupon such person shall be liable to be punished in the same manner as if he had been convicted upon an information for such embezzlement, fraudulent application, or disposition; and no person, so tried for em