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LARCENY FROM THE PERSON, &c. Robbery. Section 40.—Whosoever shall rob any person, or shall steal

any chattel, money, or valuable security from the person of another, shall be guilty of felony. Punishment, 14 years' penal servitude, or two years' imprisonment.

Section 41.-If upon the trial of any person upon any indictment for robbery it shall appear to the jury upon the evidence that the defendant did not commit the crime of robbery, but that he did commit an assault with intent to rob, the defendant shall not by reason thereof be entitled to be acquitted, but the jury shall be at liberty to return as their verdict that the defendant is guilty of an assault with intent to rob; and thereupon such defendant shall be liable to be punished in the same manner as if he had been convicted upon an indictment for feloniously assaulting with intent to rob; and no person so tried shall be liable to be afterwards prosecuted for an assault with intent to

commit the robbery for which he was so tried. Assault with Section 42.—Whosoever shall assault any person with intent

to rob shall be guilty of felony. Punishment (save and except in the cases where a greater punishment is provided by this Act),

penal servitude for five years, or imprisonment for two years. Robbery by Section 43.—Robbery or assault with intent to rob by a person armed per- armed, or robbery, &c., by two or more persons, or robbery sons, &c.

accompanied by wounding, personal violence, &c., is felony.

Punishment, penal servitude for life, or two years' imprisonment. Letter with Section 44.—To send, &c., knowing the contents thereof, any

letter or writing demanding money, &c., with menaces, without reasonable cause, is felony. Punishment, penal servitude for life, or two years' imprisonment. Males under 16 may, in addition, be whipped.

Intent.

menaces.

Demanding money, &c., with menaces,

Section 45.- The demanding money, &c., with menaces (a) or by force, with intent to steal the same, is felony. Punishment, penal servitude for five years, or two years' imprisonment.

(a) To constitute the offence of demanding money with menaces, under 24 & 25 Vict. c. 96, s. 45, the menace or threat must be of a character to produce in a reasonable man some degree of alarm or bodily fear, and such alarm must be of a nature and extent to unsettle the mind upon which it operates, and take away that free voluntary action which constitutes consent. Where, therefore, persons had obtained money from one by means of a threat that they would execute a pretended warrant of distress, it was held that it was a question for the jury

“Infamous crime de

Section 46.—To send, &c., knowing the contents thereof, any Letter letter or writing threatening to accuse any person of crime accusing of punishable with death, or seven years' penal servitude; or rape, &c., or of any infamous crime, with intent to extort money, &c., is felony. Punishment, penal servitude for life, or two years' imprisonment. Males under 16 may, in addition, be whipped.

The abominable crime of buggery committed with mankind or with beast, and every assault with intent, or attempt, or endea- fined. vour to commit the same, and every solicitation, &c., to induce any person to commit or permit the said abominable crime, shall be deemed to be an infamous crime within the meaning of this Act.

Section 47.—To accuse, or threaten to accuse, any person of any Accusing of the infamous or other crimes referred to in last preceding section, with intent to extort money, &c., is felony. Punishment, penal servitude for life, or imprisonment for two years. Males under 16 may, in addition, be whipped.

Section 48.—To compel or induce any person by violence or Inducing by threat to execute, alter, or destroy any valuable security, or to execute any deeds, &c., with intent to defraud, is felony. deeds, &c. Punishment, penal servitude for life, or two years' imprisonment.

Section 49.-It shall be immaterial whether the menaces or threats hereinbefore mentioned be of violence, injury, or accusation to be caused or made by the offender or by any other person.

with intent to extort.

threat to execute

BURGLARY, HOUSEBREAKING, &c. Section 50. To break and enter any church, chapel, meeting. Breaking house, or other place of divine worship, and commit any felony ing a church therein, or being in any such place to commit any felony therein or chapel, and break out of same, is felony. Punishment, penal servitude &c. for life, or imprisonment for two years.

Section 51.—“Whosoever shall enter the dwelling-house of Burglary by another with intent to commit any felony therein, or being in breaking 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.”

Section 52.---Whosoever shall be convicted of the crime of Burglary. burglary shall be liable, at the discretion of the court, to be kept in penal servitude for life, or to be imprisoned for any term not exceeding two years.

out.

whether the threat was made with such gestures and demeanor, or with such unnecessarily violent acts, or under such circumstances of fear and intimidation as to excite either fear or alarm (R. v. Walton and Ogden, 32 L.J. M. C. 79).

Building Section 53.—“No building, although within the same curtilage within

with any dwelling-house and occupied therewith, shall be deemed curtilage.

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 neans of a

covered and inclosed passage leading from the one to the other.” Entering Section 54.—Whosoever shall enter any dwelling-house in the dwellinghouse, &c.

night with intent to commit any felony therein shall be guilty of felony. Punishment, seven years' penal servitude, or two years'

imprisonment. Breaking

Section 55.—“Whoever shall break or enter any building and into build. ing within commit any felony therein, such building being within the curtilage. curtilage of a dwelling-house and occupied therewith, but not

being part thereof according to the provisions hereinbefore mentioned, or being in any such building shall commit any felony therein and break out of the same, shall be guilty of felony." Punishment, 14 years' penal servitude, or two years' imprison

ment. Breaking Section 56.—“Whosoever shall break and enter any dwellinginto house, house, schoolhouse, shop, warehouse, or counting-house, and shop, &c.

commit any felony therein and break out of the same, shall be guilty of felony." Punishment, 14 years' penal servitude, or

two years' imprisonment. House- Section 57.—“Whosoever shall break and enter any dwellingbreaking, &c.

house, church, chapel, meeting-house, or other place of divine 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." Punishment, seven years'

penal servitude, or two years' imprisonment. Being found Section 58._"Whosoever shall be found by night armed with by night armed with any dangerous or offensive weapon or instrument whatsoever Intent to with intent to break or enter into any dwelling-house or other break, &c. 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 padlock, 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.” Punishment, five years' penal servitude, or two

years' imprisonment. After pre- Section 59.—Whosoever shall be convicted of any such misdevious conviction.

meanor as in the last preceding section mentioned, committed after a previous conviction either for felony or misdemeanor, is liable to a punishment of 10 years' penal servitude, or two years imprisonment.

LARCENY IN DWELLING-HOUSE. Section 60.—To steal in any dwelling-house any chattel, money, Stealing in or valuable security, to the value in the whole of 51. or more, is dwelling

house, &c. felony. Punishment, 14 years' penal servitude, or two years' imprisonment.

Section 61.–To steal any chattel, money, or valuable security with in any dwelling-house, putting any one therein in bodily fear by any menace or threat, is felony. Punishment, 14 years' penal servitude, or two years' imprisonment.

menaces.

LARCENY IN MANUFACTORIES.

Section 62.–To steal, to the value of 10s., any woollen, linen, Stealing hempen, or cotton yarn, or any goods or article of silk, woollen, goods in linen, cotton, alpaca, or mohair, or of any such materials mixed, manufac&c., whilst laid, placed, or exposed, during any stage, process, or ture. progress of manufacture, in any building, field, or other place, is felony. Punishment, 14 years' penal servitude, or two years' imprisonment.

LARCENY IN SHIPS, WHARVES, &c. Section 63.—To steal any goods or merchandize in any vessel, Stealing

from ships, barge, or boat of any description, in any haven or port, or upon &c. any navigable river or canal, or in any creek or basin belonging to or communicating therewith, or to steal any goods or mer. chandize from any dock, wharf, or quay, adjacent to any such port, river, &c., is felony. Punishment, 14 years' penal servitude or two years' imprisonment. Section 64.- To plunder or steal any part of any ship or vessel Stealing

from wreck, which shall be in distress, or wrecked, or any goods, merchandize, or articles of any kind belonging to such ship or vessel is felony. Punishment, 14 years' penal servitude or two years' imprisonment.

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. Section 65.-Shipwrecked goods, &c., found in possession Possession

of ship of any person not satisfactorily accounting for same shall on order of justice be delivered over to rightful owner, and the goods. offender on conviction is liable to imprisonment for six months, or shall forfeit and pay 201. over and above value of goods. Section 66.—If any person shall offer for sale shipwrecked Offering

shipwrecked goods, &c., unlawfully taken, &c., in every such case the person

wrecked

goods for sale.

same.

to whom such goods, &c., are offered, or any officer of customs or any peace officer may seize the same. The goods, if unlawfully come by, may by order of justice be delivered over to rightful owner upon payment of reward to person who seized the

If the person offering the goods shall not satisfactorily account for the possession of them, he may be imprisoned for any term not exceeding six months, or he may be required to forfeit and pay any sum not exceeding 201. over and above the value of the goods.

ment.

LARCENY OR EMBEZZLEMENT BY CLERKS, SERVANTS, &c. Larceny by Section 67.—“Whosoever, being a clerk or servant, or being clerk or servant.

employed for the purpose or in the capacity of a clerk or servant, shall steal any chattel, money, or valuable security belonging to or in the possession or power of his master or employer, shall be guilty of felony.” Punishment, 14 years' penal servitude or two years' imprisonment. Males under 16 years may, in addition, be

whipped. Embezzle- Section 68.—“Whosoever, being a clerk or servant, or being employed for the purpose or in the

capacity of a clerk or servant, shall 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 the 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.” Punishment, 14 years' penal servitude or two years' imprisonment.

Males under 16 years may, in addition, be whipped. Larceny by Section 69.-Any person employed in the Queen's service or police, &c.

in the police who shall steal any chattel, money, or valuable security belonging to or in the possession 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. Punishment, 14 years' penal servitude or two years' imprison

ment. Embezzle

Section 70.-Any person who is employed in the Queen's ment by police, &c. service or in the police, and who being intrusted by virtue of

such employment with the receipt, custody, management, or control of any chattel, money, or valuable security, shall embezzle 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. Punishment, 14 years' penal servitude or two years' imprisonment.

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