LARCENY, & c. ORDINANCE
Title
LARCENY, & c. ORDINANCE
Description
Larceny, & c.
No. 7 of 1865.
An Ordinance to consolidate and amend the Enactinents in
Force in this Colony relating to Larceny and other similar
Offences.
[3rd June, 1865.]
WHEREAS it is expedient to consolidate and amend the enactments
in force in this Colony relating to larceny and other similar [see amend-
i11 g Ord& No.
offences : Be it enacted by His Excellency the Governor of Hongkong
sofzssa awt
zlo.7 of 1890.]
with the advice of the Legislative Council thereof, as follows :-
Interp,~et.
tib4 gE t~a.:
'Document
o£ title to
Goods :'
' valuaLle
security :'
Property:
0RDINANC9 If o, 7 om 1,8,654
Larceny, 8fc.
1 In tie interp:retatim of this OrdinaTxce
The term 'Document of Title to Goods ' shall include any bill
of lading, India warrant, dock warrant., warehouse keepers'
certificate, warrant or order for the delivery or transfer of
any goods or valuable thing, bought and sold note, or any
other document used in the ordinary coarse of business as
proof of the possession or control of goods, or authorising
or purporting to authorise, either by indorsement or by
delivery, the possessor of such document to transfer or
receive any goods thereby represented or therein mentioned
or referred to
The term ' Trustee' shall mean a trustee on some empress trust
created by some deed, will, or instrument in writing, and
shall include the heir, or personal representative, of any
such trustee, and any other person upon or to whom the
duty of such trust shall have devolved or come, and also
an executor and ,administrator and an official manager,
assignee, liq.uidator or other like officer acting under any
present or future Act gelatin; to joint stock companies,
bankruptcy or insolvency
v
The term 'valuable Security' shall include any order or other
security whatsoever entitling or evidencing the title of any
person or body corporate to any share or interest in,any
public stock or fund, whether o£ the United Kingdom, or
of Great Britain or of Ireland, or of any Foreign State, or
in any fund of any body corporate, company, or society,
whether within this Colony or in the United Kingdom or
in any Foreign Mate or country; or to any deposit in any
bank, and shall also include any debenture, deed, bond,
bill, note, warrant, order, or other security whatsoever for
money or for payment of money, whether o£ this Colony,
or of the United Kingdom, or of Great Britain or of Ireland,
or of any Foreign State, and any document of title to lands
or goods as hereinbefore defined.
The term ' Property ' shall include every description of real..
and personal ;property, money, debts and legacies, and all
deeds,and, .instrutnen.ts relating to or ev.ide,ncing he title
ORDINANCE No.. 7 of 18&5.
Larcenies, &c.
or right to any property, or giving a rigvt to recover or
receive any money or roods, and shall also include not
only such property as shall have been originally in the
possession or under the control of any party, but also any
property into or for which the same may have been
converted or exchanged, and any thin; acquired by such
conversion or excbanne, whether immediately or otherwise.
For the purposes of this Ordinance, the night shall be deemed
to commence at nine of the clock in the evening of each
day, and to conclude at six of the clock in the morning of
the next succeeding day.
2. Every larceny, whatever be the value of the property stolen, shall All
larcenies
be ,deemed to be of tile same nature, and shall be subject to tile same
to be of the
same nature.
incidents in all respects as brand larceny was by the Law of England
before the twenty-first day of June, one thousand eight hundred and
twqnty-seven.
$. Whosoever being a bailee of any chattel, money, or valuable
13ailees frauul-
ulently
converting
property
guilty °f
larceny. _
security, shall fraudulently take or convert the same to leis own use or
the use of any person other than the owner thereof, although he shall not
break bulk or otherwise determine the bailment, shall be guilty of
larceny,
tend may be convicted thereof upon an information for larceny.
4. Whosoever shall be convicted of simple larceny, or of any felony
Punipbruent
for simple
hereby made punishable like simple larceny, shall (except in the cases
larceny.
hereinafter otherwise provided for) 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
bard. labour, and with or without solitary confinement, and, if a male
under the age of sixteen years, with or without whipping.
6. Whosoever shall commit the offence of simple larceny after a Larceny
after
a conviction
previous conviction for felony shall be liable, at the discretion of the
Court, for felony..
to be kept in penal servitude for any term not exceeding ten years and
not less than throe 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.
6. Whosoever shall commit the offence of simple larceny, or any
Lar°euyaft°r
conviction °f
offence hereby made punishable like simple larceny, a:fter having been an
iwdi°table
SteAina. goats
Awl r)ia .
misdemeanor
under Ws
UrdinaiiCe.
Larceny after
two summary
convictions.
stealing
horses, cows,.
sheep, a;o.
ORDINANCE No. 7 0F 1865:
Larcenies, 4c.
previously convicted of any indictable misdemeanor punishable under thin
Ordinance, 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 terra 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.
'J. Whosoever shall commit the offence of simple larceny, or any
offence hereby made punishable like simple larceny, after having been
twice summarily convicted of any of f;lie offences punishable upon
summary conviction, under the provisions contained in any enactment in
force in this Colony ( whether each of the conviction s'.:111 have been in
respect of an offence of the same description or not, and whether such
convictions or either of them shall have been or shall be before or after
the passing of this Ordinance) 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, and, if a male under the awe of sixteen years, with or
without whipping.
As to. Larceny of Cattle or other Animals
$. Whosoever shall steal any horse, mare, gelding, colt, or filly, or
any bull, cow, ox, heifer, or calf, or any ram, ewe, sheep, or lamb, 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 impri-
soned for any term not exceeding two years, with or without hard labour,
and with or without solitary confinement, dud, if a male under the age of
sixteen years, with or without whipping.
9. Whosoever shall steal any goat, or hid, whether male or female,
or any boar, sow, hog, or pig, shall be guilty of felony, and being con-
victed 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
terra 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 whippiu.g.
805
ORDINANCE No. 7 olF 1865.
Larceny, L~c.
10. Whosoever shall wilfully kill any animal, with intent to steal
the carcase, skin, or any part of the animal so killed, shall be guilty of
-felony, and being convicted thereof shall be liable to the same
punishment
as if he had been convicted of feloniously stealing the sarne, provided
tile
offence of stealing the animal so killed would have amounted to felony.
11. Whosoever shall steal any dog shall, on conviction thereof before
voglstoalin<n.
any Police Magistrate, either be committed to the common gaol, there to
be imprisoned, or to be imprisoned and kept to bard labour, for any term
not exceeding six months, or shall forfeit and pay, over and above the
value of the said dog, such sum of money, not exceeding one hundred
dollars, as to the said Magistrate shall seem meet;-and whosoever, having
been convicted of any such offence, either against this or any former
.enactment in force in this Colony, shall afterwards steal any dog, shall
be
guilty of a misdemeanor, and being convicted thereof shall be liable, at
the discretion of the Court, to be imprisoned for any term not exceeding
eighteen months, with or without hard labour.
12. Whosoever shall unlawfully have in his possession or on his
Possession of
stolen doted:
premises any stolen dog, or the skin of any stolen dog, knowing such dog
to have been stolen, or such skin to be the skin of a stolen do;, shall,
on
conviction thereof before a Police Magistrate, be liable to pay such sure
of
money, not exceeding one hundred dollars, as to such Magistrate shall
seem meet;-and whosoever, having been convicted of any such offence,
either against this or' any former enactment in force in this Colony,
shall
afterwards be guilty of any such offence as in this section before
mentioned,
shall be guilty of a. misdemeanor, and being convicted thereof shall be
liable, at the discretion of the Court, to be ilnpri.,oned for any term
not
exceeding eighteen months, with or without hard labour. °.
13. Whosoever shall corruptly take any money or reward, directly
TakingmeneT
to restore
or indirectly, under pretence or upon account of aiding any person to
toir~.
recover any dog which shall leave been stolen, or which shall be in the
possession of any person not being the owner thereof, shall be guilty of a
misdemeanor, and being convicted thereof shall be liable, at the
discretion
of the Court, to be imprisoned for any term not exceeding eighteen months,
with or without hard labour.
14. Whosoever shall steal any bird, beast, or other animal ordinarily
stealing
kept in a state of confinement or for any domestic purpose, not being the
be art
or
K;ntu
animals wi tL
intent to steal
the carca5e,
sub.se<aaoar,
kept in, .
a>ufinemexrt.
Subsequent
Persons fou ad
in poeaesaion
of atoien
rata, &c.,
I
jA, t0
~3i~tiea.
Killing
pigeons.
Stealing or
destroying
valuable
securities.
ORDINTAIYCt ho. 1 op'- 1885.
Larceny, Bye.
subject of larceny at Common Law in Ennlarid, or shall wilfully kill any
such bird, beast, or animal with intent to steal the same or any part
therecif,-
shall, on conviction thereof before a Police Magistrate, at the
discreti6i~
of the Magistrate, either be committed to the common gaol, 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 bird, beast, or other animal, such sum of money,
not exceeding one hundred dollars, as to the 14lariistrate shall seem
meet;
-and whosoever, having been convicted of any such offence, either against.
this or any former enactment in force in this Colony, shall afterwards
commit any offence in this section before mentioned, shall be guilty of a
misdemeanor, and being convicted thereof shall be liable, at the
discretion
of the Court, to be imprisoned for any term not exceeding twelve months,
with or without herd labour.
16. If any such bird, or any of the plumage thereof, or any dog, or-
any such beast, or the skin thereof, or any such animal, or any part-
thereof, shall be found in tire possession or on the premises of any
person,
a Police Magistrate rnay restore the same respectively to the owner
thereof;
an any person in whose possession or on whose premises Auch bird ot,
a '
the plu>.nag a thereof, or such beast or the skin thereof, or such animal
or
any part thereof, shall be so found, (such person f:nowing that the bird,
beast, or animal has been stolen, or that the plumarie is the plum,~,,,,e
of a
stolen bird, or that the skin is the skin of a stolen b.~ast, or that the
part
is a part of a stolen animal,) shall, on convicticm before a Police
Nlaais--
trute, be liable, for the first offence to such forfeiture, and for every
sub-
sequent offence, to such punishment, as any person convicted of stealing
any beast or bird is made liable to by the lust preceding section.
16. Whosoever shall unlawfully and wiltizlly kill, wound, or ta ke~
buy house dove0r pigeon .under such circumstances as shall riot amount
to larceny at `Common Law in England, stall, on conviction before a Police
Magistrate, forfeit and pay, over and above the value of the bird, any
gum not elceedinten dollars.
g As to larceny q f written Instruments:-
17. Whosoever shall steal, or shall for any fraudulent purpose destroy,
cancel, or obliterate, the whole or any part of any valuable security,
other
'than a document of title to binds, shall be guilty of felony, of the same
nature and in the same degree and punishable in the same manner as T£~
URDINANCE No. '= oF° 1865:
Larceny, .~e.
he haci stolen any chattel of like value with the share, interest, or
deposit
td which the security so stolen may relate, or with the money due on the
security so stolen, or secured thereby and remaining unsatisfied; or with
the value of the goods or other valuable thing represented, mentioned, or
referred to in or by the security.
18. Whosoever shall steal, or shall for any fraudulent purpose destroy,
Documents °f
cancel, obliterate, or conceal, the whole or any part of any document of
title t° lands.
title to lands 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
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, and, if a male under the age of sixteen years, with or
*ithout
whipping.
19. Whosoever shall, either during the life of the testator or after
his death, steal, or for any fraudulent purpose destroy, cancel,
obliterate,
or conceal, the whole or any part of any will, codicil, or other
testamentary
instrument, whether the same shall relate to real or personal estate, or
to
both, fihall be guilty of felony, and being convicted thereof shall be
liable,,
at the discretion of the Court, to be kept in penal servitude for life or
tot
any terriz 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; and it shall not in any information for such offence
be necessary to allege that such will, codicil, or other instrument is the
property of any person: Provided, that nothing in this or the last pre-
ceding section mentioned, nor any proceeding, conviction, or judgment to
be had or taken thereupon, shall prevent, lessen, or impeach ally remedy
at Law or in Equity Which any party aggrieved by any such offence rinight
or would have had if this Grdinaunce had not been liassea; but no cone
viction of any such offender shall be received in evidence iii any action
at
Law, or suit in Equity against him; and no person shall be liable to be
convicted of any of the felonies in this and the last preceding section
'rn'ehtioned, by any evidence whatever, in respect of any act done by him;
if he'shall at any time previously to his being charged with such offence
have first disclosed such act, on oath; affirmation or declaration, in
co17-
sequence of any compulsory process of any Court of Law or Equity in any
action, suit; or proceeding which shall have been bond fide instituted by
wills or
Codicils.
Other
remedies not
to be affected,
st,:arizib
records or
other lager ,
.locuments.
Metal, glass,
wood &c.,
fixed to home
or land.
ORDINANCE ~ Na. ~7 ok r865:
IsareenJ, .8fc
any party aggrieved, or if he shall have first disclosed the same in any
compulsory examination or deposition- before any Court upon the hearing
of any matter in bankruptcy.
20. Whosoever shall steal, or shall for any fraudulent purpose take
from its place of deposit for the time being, or from any person having
the lawful custody thereof,-or shall unlawfully and maliciously cancel,
obliterate, injure, or destroy the whole or any part of any record, writ,
return, panel, process, interrogatory, deposition,. affidavit, rule,
order, or
warrant of attorney, or of any original document whatsoever of or belong-
ing to any Court of Record in this Colony, or relating to any matter,
civil or criminal, begun, depending, or terminated in any such Court, or
of any bill, petition, answer, interrogatory, deposition, affidavit,
order, or
decree, or of any original document whatsoever of or belonging to any
Court of Equity, or relating to any cause or matter begun; depending or
terminated in any such Court, or of any original document in anywise
relating to the business of any office or employment under Her Majesty,
and being or remaining in any office appertaining to any Court of Justice,
or in any Government or public .office,-shall be guilty of,felony, send
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, and, if a male under the age of
Form of sixteen years, with or without. whipping; and it shall not in any
infor-
informnt~on, oration for such offence be necessary to allege that the
article in respect
of which the offence is committed is the property of any person.
' As to Larceny of Things attached to or growing on Land:-
21. Whosoever shall steal,. or- shall- rip, cut, sever; or break with
intent to steal, any glass, shingles, or wood-work belonging to any
building whatsoever, or any' lead, iron, copper, brass, or other metal, or
any utensil or fixture, whetberr, made of metal or other material.or of
both, respectively fixed in or to any .building whatsoever, or any thing,
made of metal fixed in any land being private property, or for a fence ta,
any dwelling house, garden,' or area, or . in any square or .street, or
in.
any place dedicated to public use or ornament, or in any burial ground,-
shall be guilty of felony, and being convicted thereof shall be liable to
be' punished as in the case -of,~ pimple larceny ; and in the case of any
ORDINANCE ~°No. 7 or .1865.
Larceny, 8jrc.
such thins fixed in any such square, street or place as aforesaid, it
shall
not be necessary to allege the same to be the property of any person.
22. Whosoever shall steal, or shall cut, break, root up, or other-
wise destroy or damage with intent to steal, the whole or any part of
any tree, saplin;, or shrub, or any underwood, respectively growing in
any pleasure ground, garden, orchard, or avenue, or in any ground
adjoining or belonging to any dwelling house, shall (in case the value
of the article or articles stolen, or the amount of the injury done, shall
exceed the sum of five dollars,) be guilty of felony, and being convicted
thereof shall be liable to be punished as in the case of simple larceny;-
and whosoever shall steal; or shall cut, break, root up, or otherwise
destroy or damage with intent to steal, the whole or any part of any
tree, sapling, or shrub, or any underwood, respectively growing else-
where than in any of the situations in this section before mentioned,
shall
(in case the value of the article or articles stolen, or the amount of the
injury done, shall exceed the sum of tweilty-five dollars,) be guilty of
felony, and being convicted thereof shall be liable to be punished as in
the case of simple larceny.
23. Whosoever shall steal, or shall cut, break, root up, or other-
wise destroy or darnage with intent to- steal, the whole or any part of
any tree, sapling, or shrub, or any underwood, wheresoever the same
may be respectively growing, the stealing of such article or articles, or
the injury done, being to the amount of twenty-four cents at' the least,
shall, on conviction thereof before a Police Magistrate, forfeit and pay,
over and above the value of the article or articles stolen, or the amount
of the injury done, such sum of money not exceeding twenty-five dollars
as to the said Magistrate shall seern meet; and whosoever having been
convicted of any such offence, either against this or any former' enact-
ment in force in this Colony, shall afterwards . commit any of the said
offences in this section before mentioned, and shall be convicted thereof
in like manner, shall for such second offence be committed to the common
gaol; there to be- kept to hard labour for such term not exceeding six.
months as the convicting Magistrate shall think fit ; and whosoever Third
offence.
having been twice convicted of any such offence (whether both or either of
such convictions shall have taken place before or after the passing of
this
Ordinance;) shall afterwards commit any of the offences in this section
before mentioned, shall be guilty of felony; and being'convicted,tbereof
shall
be liable to be punished in the same inaliner as in the case of simple
larceny;
809
Stealing trees,
&C., in
pleasure
grounds to the
valve of $o,
and elsewhere
to the valve
of $25.
Stealing trees,
&c., where-
soever grow-
ing to the
amount of 21
cents.
Second
offence.
Stealing fruit
or vegetable
production in
a garden.
ORDINANCE. No. Vo~ ~180a
Lore'eny, cf4.
Stealing, aye., ° _ 24. Whosoever shall .steal, or .shall cut, break, .or
throw don with
any live or
dead fence, intent to steal, any part of any live or dead fence, or any
wooden post,
pale, wire, or rail set up or used as a fence, or any stile or gate, or
any
part thereof respectively, shall, on conviction thereof before a Police
Magistrate, forfeit and pay, over and above the value of the article or
articles so stolen, or the amount of the injury done, such sum of money
uot.exceeding twenty-five dollars as to the Magistrate shall seem meet;
and whosoever, having been convicted of any such offence, either against
this or .any former enactment in force in this Colony, shall afterwards
commit any of the said offences in this section before mentioned, and
shall be convicted thereof in like manner, shall be committed to the
common gaol, there to be kept to hard labour, for such term not exceed-
ing six months. as the convicting Magistrate shall think fit.
~uspeotea 213. If the whole or any part of any tree, sapling, or shrub, or
any
persona in
possession or underwood, or any part of any live or dead fence, or any
post, pale, wire,
wood, &e., not
satisfactorily rail, stile, or gate, or any part thereof, being o£ the
value of twenty-four
f~; °tnting
cents at the least, 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 Police Magistrate, shall not satisfy the
'Magistrate that he came lawfully by the same, he shall on conviction
forfeit and pay, over and above the value of the article or articles so
found, any sum not exceeding ten dollars.
26. Whosoever shall steal, or shall destroy or damage with intent
,to steal, any plant, root, fruit; or vegetable production growing in any
;garden, orchard, pleasure ground, or nursery ground, hothouse, green-
house or conservatory, shall, on conviction thereof before a Police -Ala
gis-
trate, at the discretion of the Magistrate, either be committed to the
common gaol, 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 article or articles so
stolen, or the amount of the injury done, such sum of money not exceed-
Subsequent 1Tlg .one' hundred dollars as to the Magistrate shall seem
meet; and
offence.
whosoever, having been convicted of any such offence, either against
this or any former enactment in force in this Colony, shall afterwards
commit any of the offences in this section before mentioned, .shall be
guilty of felony, and being convicted thereof shall be liable to be
punished
iu tie same manner as in the case of simple larceny.
QRLIIN$NCE -No. T op 1865.
Larcmy, 4a.
2'j. Whosoever shall steal, or shall .destroy or damage with intent
to steal, any cultivated root or.plant used for the food of man or beast,
-or for medicine, or for distilling, or for dyeing, or for or in the
course
of any manufacture, and growing in any land, open or inclosed, not
being a garden, orchard, pleasure ground, or nursery ground, shall, on
conviction thereof before a Police Magistrate, at the discretion of the
Magistrate, either be committed to the common gaol, there to be impri-
soned only, or to be imprisoned and kept to hard labour, for any term
not exceedinn one month, or else shall forfeit and pay; over and above
the value of the article or articles so stolen, or the amount of the
injury
done, such sum of money not exceeding five dollars as to the Magistrate
shall seem meet; and in default of payment thereof, together with the
costs (if ordered), shall be committed as aforesaid for any term not
exceeding one month, unless payment be sooner made; and whosoever,
having been convicted of any such offence either against this or any
former enactment in force in this Colony, shall afterwards commit any
of the said offences in this section before mentioned, and shall be
convicted thereof in like manner, shall be committed to the common
gaol, there to be kept to hard labour, for such tercn not exceeding sie
months as the convicting Magistrate shall think fit.
4s to Larceny from the Person, and other like Ofences:--
28. Whosoever shall rob any person, or shall steal any chattel,
money or valuable security from the person of another, 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. .
29. If upon the trial of any person upon any information 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 there-
upon such defendant shall be liable to be punished in the same manner
stealing
vegetable
production,
not growing
in gardens.
Robbery or
stealing front
the person.
[&e Ood g. VO.
16 of 1887 a lad
.ayo. 23 of
1387.]
On trial for
robtery,jury
inay convict,
of an assault,
Nvith intent,
t0 1'obL
ORDINANCE Nd: - 7oi 1861;:
Assault with
intent to rob.
Robbery or
assault by a
person armed,
or by two or
more, or
rubbery and
wound'
'I
('See Ordaes.
s'v'o. 1,E of XBab
,.5' ,g of 188T.]
Latter
demanding
money with
menaces.
~'e~s-.Ord. 11 0,
~Q o,~'1887.] .
Larceny, Bfc:
as if be had been convicted upon an information for feloniously assault-
inn with intent to rob ; and no person so tried as is herein lastly men:
tinned shall be liable to be afterwards prosecuted for an assault with
intent to commit the robbery for which he was so tried.
30. Whosoever shall assault any person with intent to rob shall
be guilty of felony, and being convicted thereof shall (save and except
in the cases where a greater punishment is provided by this Ordinance
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.
31. Whosoever shall, being armed with any offensive weapon or'
instrument, rob, or assault with intent to rob, any person, or shall,
together with one or more other person or persons, rob, or assault with
intent to rob, any person, or shall rob any person, and at the time of or
immediately before or immediately after such robbery shall wound, beat,
strike, or use any other personal violence, to any person, 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 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 con-
finemet.
32. Vrhosoever shall send, deliver, or utter, or directly or indirectly
cause to be received, knowing the contents thereof, any letter or writing
demanding of any person with menaces, and without any reasonable or~
probable cause, any property, chattel, money, valuable security, or other:
valuable thing, shall be guilty of felony, and being convicted thereof
shale
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 foe
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.
nemauding, 33. Whosoever shall with menaces or by force demand any
property;
wthmenaees, chattel, money, valuable security, or other valuable thing of
any person,.
or Force
to with intent to steal the same; shall be guilty of felony, and being
convicted:
steal..
[&e No. thereof shall be liable, lit the discretion of the Court, to be
kept. in penal
16 °f z$87'1 s'~rvitrzde for the term of three .years;-or to be
imprisoned for any ter-m
ORDINANCE No. 7 of 1865.
Larceny, ~-c.
tot exceeding two years; `with or without hard labour, and with or without
solitary confinement.
34. Whosoever shall send, deliver, or utter, or directly or indirectly
cause to be received, knowing the contents thereof, any letter or writing
accusing or threatening to accuse any other person of any crime punishable
by law with death or penal servitude for not less than seven years, or of
any assault with intent to commit any rape, or of any attempt or
endeavour to commit any rape, or of any infamous crime as hereinafter
defined, with a view or intent in any of such cases to extort or gain by
means of such letter or writing any property, chattel, money, valuable
security, or other valuable thing, from any person, sball be guilty of
felony,
and being convicted thereof 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, and, if
a male under the age of sixteen years, with or without whipping ; and
~
crime
the abominable crime of buggery, committed either with mankind or det»-1.
with beast, and every assault with intent to commit the said abominable
crime, and every attempt or endeavour to commit the said abominable
crime,; and every solicitation, persuasion, promise, or threat offered or
, . -
made to any person whereby to move or induce such person to commit
or permit the said abominable crime, shall be deemed to be an infamous
crime within the meaning of this Ordinance.
35. Whosoever shall accuse or threaten to accuse, either the person
to whom such accusation or threat shall be made or any other person, of
.any of the infamous or other crimes lastly hereinbefore mentioned, with
the 'view or intent in any of the cases last aforesaid, to extort or gain
from such person so accused or. threatened to be accused; or from any
,other person, any property, chattel, money, valuable, security, or other
valuable thing, 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
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.
Aor without solitary confinement, and, if a male under the age of sixteen
years with or without whipping.
36. Whosoever, with intent to,defraud or injure any other person,i
dh,e;ng,:T.
by
:ball by any unlawful violence to or restraint of, or threat of violence
to per5ou oryiozonce <>r
Letter
threatening
to accuse of
crime, witli
intent to
extort.
Sec Ord~ _1'i).
~6 if XfiSi.j
.nocnsitiz! o,
threatening
to accuse,
With in tent t .o
extent.
[See Ord. -Yo.
16' nf'188i.j
threats to
execute deeds,
&a, with
intent to
defraud.
[8ie Ord, ~lru.
rQ of rssy.]
Immaterial
from whonx
arenacea
proceed.
Breaking and
entering a
church or
chapel and
committing.
utty felony.
©RDIIQANCE 1VTil: fi. 0k' 186.
Larceny, ~e.
restraint of, the person of another; or by aceus'ing or threatening to
accuse
any person of any treason, felony or infamous crime as .hereinbefore
defined;
compel of induce any person to execute, make, accept, indorse, alter, or
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 or to any -paper or parchment, in order that
the same may be afterwards made or converted into,- or used or dealt
with, as a valuable security, 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 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, and, if a male under
the age of sixteen years, with or without whipping:
37. It shall be immaterial whether the menaces or threats herein
before mentioned be of violence, injury, or accusation to be caused or
rrrade by the offender or by any other person.
As to Sacrilege, Burglary, and Housebreaking:-
38. Whosoever shall break and enter any church, chapel, meeting
house, or other place of divine worship, and commit any felony therein;
or being in any church, chapel, meeting house, or other place of divine
worship 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 life or for any
term not less than three years,-or to be imprisoned for any term not
eACeeding two years, with or without hard labour, arid with or without
solitary confinement, and, if a male under the age of sixteen years, with
or without whipping.
Burglary by $9. Whosoever shall enter the dwelling house of another with
l:reaking.our. 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.
Burglary. 40. 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
aiiy term not exceeding two years, with or without hard labour, and with
ORDINANCE No. 7 - of 1866.
Larceny, 8fc.
or without solitary confinement, and, if a, male under the age of sixteen
years, with or without whipping.
41. No building, although within the same curtilage with any
dwelling house, and occupied therewith, shall be deemed to be part of
such dwelling house for any of the purposes of this Ordinance, 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.
42. 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.
43. Whosoever shall break and enter any building, and commit
any felony therein, such buildllh being within the curtilage of a dwelling
house, and occupied therewith, but not being part thereof, according to
the provision hereinbefore mentioned,-or being 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, and, if a male under
the age of sixteen years, with or without whipping.
44. Whosoever shall break and enter any dwelling house, school
house, store, shop, warehouse, godown, or counting-house, and commit
any felony therein, or, being in any dwelling house, school house, store,
shop, warehouse, godown, 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 bard labour, and with or without solitary
confinement, and, if a male under the age of sixteen years, with or
without
w ,kipping, .'
what build-
ing within the
curtilage shall
be deemed
part of the
dwelling
house.
Entering a
dwelling
house in the
night with
intent to
commit any
felony.
Breaking into
any building
within the
curtilage, &c.,
not being part
of the
dwelling
house, and
committing
any felony.
Breaking into
any house,
store, &c., and,
committing
any felony.
'The like, after
a previous
:conviction. .,
Stealing in s
dwelling
house to the
value of $25.
ORDINANCE No. 7'of 186.5.
Larceny, ~e.
Housebwemk- 45. Whosoever shall break and enter any dwelling house, church,
ing, &o., with
intentto chapel, meeting-house, or other place of divine worship, or any
building
commit any
f~us~. - within the curtilage, school house, store, shop, warehouse,
godown, 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.
-x;mic; armed 46. Whosoever shall be found by night armed with any
dangerous
with intent to
break and or offensive weapon or instrument whatsoever, with intent to
break or
u:nter any.
house, ao., in enter into any dwelling house, or other building
whatsoever, and to
the night.
commit any felony therein, or shall be found by night hav ing in his
possession without lawful excuse (the proof of which excuse shall lie on
such
person) any picklock key, crow, jack, bit, or other implement of house-
breaking, 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; 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.
47. Whosoever shall be convicted of any such misdemeanor as in
the last preceding section mentioned, committed ~after a previous
conviction.
either for felony or such misdemeanor, shall on such subsequent conviction
be liable, at the discretion of the 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:-
48. Whosoever shall steal in any dwelling house any chattel,
honey, or valuable security, to the value in the whole of twenty-live
dollars or more, 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
ORDINANCE loo. 7 of 1865.
Larceny, 4c.
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.
49. Whosoever shall steal any chattel, money, or valuable security
in any dwelling house, and shall by any menace or threat put any one
being therein in bodily fear, 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 terra 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, 4,c.:-
Stealing in
a dwelling
house with
menaces.
50. Whosoever shall steal any goods or merchandise in any vessel,
Stealing from .
barge, or boat of any description whatsoever in any haven, or in any port
ships. whar-
res, kc.
of entry or discharge, or in the course of any voyage from any port or
place in this Colony to any other port or place therein, or in any creek
or basin belonging to or corninunicating with any such haven or port, or
shall steal any goods or merchandise from any dock, wharf, or quay
adjacent to any such haven, port, creek or basin,-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 net 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.
51. Whosoever shall plunder or steal any part of any ship or vessel
which shall be in distress, or wrecked, stranded, or cast on shore, or any
goods, merchandise, or articles of any kind belonging to 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
bard labour, and with or without solitary confinement, and, if a male
under the age of sixteen years, with or without whipping.
52. If any,goods, merchandise, or articles of any kind, belonging
to rersehsii,
an ship or. vessel in distress or wrecked stranded or cast on
~. shorei possession ef,
ship wrcckpd
stealing from
snips in dis=
tress or
wrecked.
goods not
giving a
satisfactory
account.
if any person
offer ship.
'wrecked
goods for
sale, the goods
may be seined.
Bee Ord. No
of 1890.]
Larceny by
clerks or
servants.
ORDINANCE No., 7 of 1865.
Larceny, &.
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 Police Magistrate, shall not satisfy the Magistrate that he came
lawfully by the same, then the same shall, by order of the Magistrate,
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 Magistrate, at the discretion of the Magistrate, either be committed
to the common gaol, 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, merchan-
dise, or articles, such sum of money not exceeding one hundred dollars
as to the Magistrate shall seem meet.
53. If any person shall offer, or expose for sale any goods, mer-
chandise, or articles whatsoever, which shall have been unlawfully taken,
or shall be reasonably suspected so to have been taken, from any ship or
vessel in distress, or wrecked, stranded, or cast on shore, in every such
case ally person to whom the same shall be offered for sale, or any
officer
of the customs, or peace officer, may lawfully seize the same, and shall
with all convenient speed carry the same, or give notice of such seizure,
to a Police Magistrate; and if the person who shall have offered or
exposed the same for sale, being summoned by such Magistrate, shall not
appear and satisfy the, Magistrate that he came lawfully by such goods,
merchandise, or articles, then the same shall, by order of the Magistrate,
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 Magistrate)
to the person who seized the same; and the offender shall, on conviction
of such offence by the Magistrate, at the, discretion of the Magistrate,
either be committed to the common .gaol, 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, merchandise, or articles, such sum of money not exceeding ore
hundred dollars as to the Magistrate shall seem meet.
As to Larceny or Embezzlement by Clerks, Servants, or Persons in the
Public .S'erviee:---
54. Whosoever, being, a clerk or servant, or being 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
ORDINANCE No. 7 of 1865.
Larceny, ~c.
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.
65. 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, 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
withouA
whipping.
56. Whosoever, being employed in the public service of Her Majesty
in this Colony, or being a constable or other person employed in the
Police Force, 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, 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.
57. Whosoever, being employed in' the public service of Her Majesty
in this Colony, or being a constable or other person employed in the
Police Force, and intrusted by virtue of such employment with the receipt,
custody, management or control of any chattel, money, or valuable
security,
shall embezzle any chattel, money or valuable security which shall be
Embezzle-
ment by
clerks or
servants.
Larceny by
persons in
the Queen's
service or by
the police.
Embezzle-
ment-by per-
sons in the
Queen's
service or by
the Police.
rorulof
warrant of
commitment
end iufor-
ruutioTt.
lx,dloted for
cu1lrezzlomeTit
><a a clerk,
fit., not to be
acquitted if
the offence
turnout to be
larceny - and,
QRDINAN-.CE No,, 2 of 1865.
Larceny, 4c.
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 sane 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 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 Magistrate before ,',horn 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.
5$F. If upon the trial of any person indicted 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 j ury 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, or in the Police, 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 indicted 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 afore-
said, he shall not by,reason thereof be entitled to be acquitted, but the
jury shall be at liberty to return as their verdict that slch 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 embezzlement, fraudulent applica-
tion or disposition,' or larceny as aforesaid, shall beaiable to be
afterwards-
ORD11V.4NTCE No: 7 oF~ 1865.
Larceny, ~c.
prosecuted for larceny, fraudulent application or disposition, or
embezzle-
ment, upon the same facts.
[See Ordinance No. 3 of 1886 as to embezzlement by partners.]
As to Larceny by Tenants or Lodgers:-
59. Whosoever shall steal any chattel or fixture let to be used by
him or her in or with any house or lodging, whether the contract shall
have been entered into by him or her or by .her husband, or by any person
,on behalf of him or her or her husband, shall be guilty of felony, and
being
convicted thereof shall be liable, at the discretion of the Court, to be
im-
prisoned for any term not exceeding two years, with or without hard
labour, and with or without solitary confinement, and, if a male finder
the
age of sixteen years, with or without whipping ; and in case the value of
such chattel or fixture shall exceed the sum of twenty-five dollars, 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; and in every
case of stealing any chattel in this section mentioned it shall be
lawful.to,
prefer an information in the common form as for larceny, and 'iin everf
case of stealing any fixture 'in this section mentioned to prefer an
infor-
mation in the same form as if the offender were not a tenant or lodger,
aud in either case to lay the.property in the owner or person letting to
hire.
As to Frauds by Agents, Bankea's, or Factors:--
60. Whosoever, having been intrusted, either solely, or jointly with
any other person, as a banker, merchant; broker, attorney, or other anent,
with any money or security for the payment of money, with any direction
in writing to apply, pay, or deliver such money or security or any part
thereof respectively, or the proceeds or any part.of the proceeds of such
security, for any purpose, or to any person specified in such direction,
shall, in violation of good faith, and contrary ,to the terms of snap
direc-
tion, in anywise convert to his own use or benefit, or the use or benefit
of.
any person other than the person by whom he shall have been so intrusted,
such money, security, or proceeds, or any part thereof respectively;-and
whosoever, °having been intrusted, either solely, or jointly with any
other
person, as a banker, merchant, broker, attorney, or other agent, with any
.chattel or valuable security, or any power of attorney ,for the sale or
rreiiant or
lodger stexl-
ina chattel or
fixture let
with boncc or
lodgings.
Agent,bankcr
&c., embez-
zling money
or selling
securities,
&c.. intrasted
to him
or goods, &C.,
intrusted to
him for safe
custody.
ORDINANCE No.,7 OP 118655.
Larceny, 8ie.
Punishment.
Not to afteot
trustees or
mortgagees ;
nor banker,
xc., receiving
money due
nn securities ;
or disposing
of securities
nn which they,
leave a lien.
transfer of any share or interest in any public .stock or fund, whether
of-
the United Kingdom, or any part thereof, or of any Foreign State, or of'.
this Colony, or in any stock or fund of any body corporate, company, or
society, for safe custody, or for any special purpose, without any
authority
to sell, negotiate, transfer, or pledge, shall, in violation of good
faith, and
contrary to the object or purpose for which such chattel, security, or
power
of attorney shall have been intrusted to him, sell, negotiate, transfer,,
pledge, or in any manner convert to his own use or benefit, or the use or'
benefit of any person other than the person by whom he shall have been'
so intrusted, such chattel or security, or the proceeds of the same, or
any
part thereof, or the share or interest in the stock or fund to which-such
power of attorney shall relate, or any part thereof,-shall be guilty of a
misdemeanor, and being convicted thereof shall be liable, at the
discretion
o£ 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; but nothing in this section contained
relating to agents shall affect any trustee in or under any instrument
whatsoever, or any mortgagee of any property,.in respect of any act done
by such trustee or mortgagee in relation to the property comprised in or-
affected by any such trust or mortgage ; nor shall restrain any banker,
merchant, broker, attorney, or other agent from receiving any money'
which shall be or become actually due and payable upon or by virtue----_f_
any valuable security, according to the tenor and effect thereof, in such'
manner as he might have done if this Ordinance had not been passed;
nor for selling, transferring, or otherwise disposing of any securities
or.
effects in his possession upon which he shall ,have any lien, claim, or
demand entitling him by law so to do, unless such sale, transfer, or other
disposal shall extend to a greater number or part of such securities or
effects than shall be requisite for satisfying such lien, claim, or
demand.
sc., 61. Whosoever being a banker, merchant, broker, attorney, or
agent;;
fraudulently
converting and being intrusted, either solely, or jointly with any other
person, with
property
entrusted to the property of any other person for safe custody, shall,
with intent to;
them.
defraud, sell, negotiate, transfer, pledge, or in any manner convert or
appropriate the same or any part thereof to or for his own use or benefit;
or, the use or benefit of any person other than the person by whomr
he was so intrusted, shall be guilty o£ a, misdemeanor, and being
convicted,.
ORDINANCE No. 7 of 1865.
Larceny, arc.
thereof shall be liable, at the discretion of the Court, to any of the
punishments which the Court may award as bereinbefore last mentioned.
62. Whosoever being intrusted, either solely, or jointly with any
other person, with any power of attorney for the sale or transfer of any
property, shall fraudulently sell or transfer or otherwise convert the
same
or any part thereof to his own use or benefit, or the use or benefit of
any
person other than the person by whom he was so intrusted, shall be guilty
of a misdemeanor, and being convicted thereof shall be liable, at the
discretion of the Court, to any of the punishments which the Court may
award as hereinbefore last mentioned.
63. Whosoever, being a factor or agent intrusted, either solely, or
jointly with any other person, for the purpose of sale or otherwise, with
the possession of any goods, or of any document of title to goods, shall,
contrary to or without the authority of his principal in that behalf, for
his own use or benefit, or the use or benefit of any person other than the
person by whom he was so intrusted, and in violation of good faith, make
any consignment, deposit, transfer, or delivery of any goods or document
of title so intrusted to him as in this section before mentiod, as an .1
by
Nvay of a pledge, lien, or Kcurity for any money or valuable security
borrowed or received by such factor or agent at or before the time=o£
making such consignment, deposit, transfer, or delivery, or intended tAe
thereafter borrotved or received, or shall, contrary to or without- such
`hority, for leis own use or benefit, or the use or benefit of any person
-other than the person by whom he was so intrusted, and in violation of
good faith, accept ally advance of any money or valuable security on
the faith of any contract or agreement to .consign, deposit, transfer, or
deliver any such goods or document of title, shall be guilty of a
misdemeanor, and being convicted thereof shall be liable, at the
discretion
of the Court, to any of the punishments which the Court may award as
hereinbefore last mentioned ; and every clerk or other person who shall
knowingly and wilfully act and assist in making any such consignment,
deposit, transfer, or delivery, or in accepting or procuring such advance
as aforesaid, shall be guilty of a misdemeanor, and being convicted
thereof
shall- be liable, at the discretion of the Court, to any of the same
punish-
ments: Provided, that no such factor or agent shall be liable to
any~.liro-
eGUt ion :for consigning, depositing, transferring, or delivering.any such
-goods or documents of title, in .qase the same shall not be made -a
security
-for'.or sul~eet to the payment of any gfeater sum of money than tte
amount
Persons under
powers of
attorney
fraudulently
selling
property.
Factors
obtaining
advances on
the property
of their
principals.
Clerks
wilfully
assisting,
Cases except-
ed where the
pledge does
hot exceed
the mount of
their~,M&n. .-
ORDINANCE. ~No. 7 of -1865.
Larceny, (~c.
which at the tune of such consignment, deposit, transfer or delivery was
justly due and owing to such agent from his principal, together with the
amount of any bill of exchange drawn by or on account of such principal,
and accepted by such factor or agent.
Definition of 64. Any factor or agent intrusted as aforesaid, and
possessed of any
ter'ne' such document of title, whether derived immediately from the owner
of
such goods or obtained by reason of such factor or agent having been
intrusted :' intrusted with the possession of the goods, or of any other
document of
title thereto, shall be deemed to have been intrusted with the possession
of the goods represented by such document of title; and every contract
pledge:' pledging or giving a lien upon such document of title as
aforesaid shall
be deemed to be a pledge of and lien upon the goods to which the same
possessed:y relates; and such factor or agent shall be deemed to be
possessed of such
goods or document, whether the same shall be in his actual custody, or
shall be held by any other person subject to his control, or for him or on
hip behalf; and where any loan or advance shall be bond fide made to any
factor or agent entrusted with and in possession of any such goods or
document o£,title, on the faith of any contract or agreement in writing to
consign, deposit, transfer, or deliver such goods or document of title,
and
such goods or document of title shall actually be received by the person
making such loan or advance, without notice that such factor or agent
was not authorized to make such pledge or security, every such loan or
advance shall be deemed to be a loan or advance on the security of suph
goods or document of title within the meaning of the last preceding
section, though such goods or document of title shall not actually be
received by the person miaking such loan or advance till the period
srzbse-
°°contract quent thereto; and any contract or agreement, whether made
direct with
or agree-
ment '
advance: '
«advancu'
Possession to
be evidence of
inGrusting.
Trustees
fraudulent'y
disposing of
property,
such factor or anent, or with any clerk or other person on his behalf;
shall.be deemed a contract or agreement with such factor or agent; and
any payment made, whether by money or bill of exchange or other
negotiable security, shall be deemed to be an advance within the meaning
of the last preceding section; and a factor or agent in possession as
afore-
said of such goods or document shall be taken, for the purposes of the
last preceding section, to have been- entrusted therewith by the owner
thereof, unless the contrary be shewn in evidence..
65. Whosoever, being a trustee of any property for the use or benefit,
either wholly or partially, of come other person, or for any public or
charitab''e puri;ose, shall, with intent d defraud, convert or appropriate
ORDINANCE 'No. 7' oF' 1865.
Larceny, 4c. '
the same or any part thereof to or for his own use or benefit; or the use
or benefit of any person other than such person as aforesaid, or for any
purpose other than such public or charitable purpose as aforesaid, .or
othervie dispose of or destroy such property or any part thereof, shall
be guilty of a misdemeanor, and being convicted thereof shall be' liable,
at the discretion of the Court, to any of the punishments which the Court
may award as hereinbefore last mentioned: Provided, that no proceeding
or prosecution for any offence included in this section shall be commenced
Nvithout tile sanction of Her Majesty's Attorney General: Provided also,
that where any civil proceeding shall have been taken against any person
to whor.n the provisions of this section may apply, no person who shall
have taken such civil proceeding shall commence any prosecution under
this section without the sanction of the Court or Judbe before whom such
civil proceeding shall have been had or shall be pending.
66. Whosoever, being a director, member, or public officer of any
body corporate or. public company, shall fraudulently take or apply for
his own use or benefit, or for any use or purposes other than the use or
purposes of such body corporate or public company, any of the property
of'suchbody corporate or public company, shall be guilty of a
udsderneanor,
and Un- convicted thereof shall be liable, at the discretion of the
Court, to any of the punishments which the Court may award as herein-
before last mentioned.
6'7. Whosoever, -being; a director, public officer, or manager of any
body corporate or public company, :hall as such receive or possess himself
of.any of the property of such bo ly corporate or public company otherwise
than in paynlent of a just debt or demand, and shall, with intent to
defraud, omit to male or to cans: or direct to be made a.full and true
entry thereof in the bo >ks and accounts of such body corporate or public
company, shall be guilty of a misdemeanor, and being convicted thereof
shall be liable, at the discretion of the Court, to any of the punishments
which the Court may award as hereinbefore last mentioned.
68. Whosoever, being a director, manager, public officer, or member or
wilfully
destroying=
of any body corporate or public company, shall, with intent to defraud,
books, ~o.;
destroy, alter, mutilate, or falsify any book, paper, writing, or,
valuable
security belonging to the body corporate or public company,, or snake or
concur in the making of any false entry, or omit or concur in omittirln
any 'Material particular, in any book of account or other document, shall
No prosecu-
tion shall be
commenced
without the
sanction of the
Attorney
General.
Proviso, Rc.
Directors, &C.,
of any body
corporate or .
public cozh-
puny fraudn
lenfay appro=
printing pro-
perty.
or keeping
fraudulent
accounts;
ORDINANCE No 7 0r 1865.
Larceny,'8fc.
be guilty o£ a misdemeanor, and being convicted thereof shall be liable,
at the discretion of the Court, to any of the punishments which the Court
may award as hereinbe£ore last mentioned.
or publishing 69. Whosoever, being a director, manager, or public officer
o£ any
fraudulent
statements. body corporate or public company, shall make, circulate, or
publish, or
concur in making, circulating, or publishing, any written statement or
account which he shall know to be false in any material particular, with
intent to deceive or defraud any member, shareholder, or creditor of such
body corporate or public company, or with intent to induce any person
to become a shareholder or partner therein, or to intrust or advance any
property to such body corporate or public company, or to enter into any
security for the benefit .thereof, shall be guilty of a misdemeanor, and
being convicted thereof shall be liable, at the discretion of the Court,
to
any of the punishments which the Court may award, as hereinbefore last
mentioned.
No person to 'l0. Nothing in any of the last ten preceding sections- of
this
be exempt
from answer- Ordinance contained shall enable or entitle any person to
refuse to make
iu~.qaesti8ns
,fin ja~ ~ court, a full and complete discovery by answer to any Bill in
Equity, or .to-
but not to be
cable to answer any question or interrogatory in any civil proceeding in
aby-
seoution Yorro' 0 zD
=Isory Court, or upon the bearing of any matter in bankruptcy; and no
person
ure. shall be liable to be convicted of any of the misdemeanors in any of
the
said sections mentioned by any evidence whatever in respect of any act
done by him, if he shall at any time previously to his being charged with
such offence have first disclosed such act on oath or declaration, 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, or if he shall have first disclosed the
sans in any compulsory examination or deposition before any Court upon
the hearing of any matter in bankruptcy.
No remedy at 'I1. Nothing in any of the last eleven preceding sections of
this
Law or in
..Equity $bm Ordinance contained, nor any proceeding, conviction, or
judgment to be
w affected,
had or taken thereon against any person under any of the said sections,
shall prevent, lessen, or impeach any remedy at Law or in Equity which
any .party aggrieved by any offence against any of the said sections might
Convictions have had if this Ordinance had not been passed; but no
conviction .of
shall not be
evidence m any such offender shall be received in evidence in any action
at Law or.
civil suits, suit in Equity against him; and nothing#im the said sections
contained
ORDINANCE No. 7 of 186.5.
Larceny, 8rc.
-shall affect or prejudice any agreement entered into or security given.
by
.any trustee, having for its object the, restoration or repayment of any
trust property misappropriated.
As to obtaining Money, (~c., by False Pretences.
72. Whosoever shall by any false pretence obtain from any other raise pre-
person any chattel, money, or valuable security, with intent to defraud,
tences.
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 bard labour, and with or without solitary
confinement: Provided, that if upon the trial of any person indicted for
such misdemeanor it shall be proved that he obtained 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 of such misdemeanor; and
no person tried for such misdemeanor sl3all be liable to be afterwards
prosecuted for larceny upon the same facts: Provided also, that it shall
be sufficient in any information for obtaining or attempting to obtain any
-such property by false pretences 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 chatteh, .
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.
'l3. 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 any other 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.
'l4. 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 destroy the whole or any part of
any vahuable 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
:teal- of any body corporate; company, or society, upon any paper or,
No acquittal
because the
offence
amounts t r.
larceny.
Form of inTor-
mation anti
evidence..
Where any
money or
thing is
caused to be .
paid or deli-
vered, &c., to
any person
other than the
person mak-
ing the false
pretence.
Inducing,
persons by
fraud to
execute deed,
and other
instruments.
Receiving
whore. the
principal is
i;uilty of
fcr.ony.
Information
for stealing
at,areceivina,
separate
r9eeiaer9 mad
be included
in. the same
information
in the absenQo
of the princi-
OTI,DI\TA.NCE No' .'7 oi~ 1865.
Larceny, ~c.
parchment, in order that the same pray be afterwards made or converted
into or used or dealt' with as a valuable security, shall be riuilty.of a
misdemeanor, and being convicted thereof shall be liable, at the
discretion
of tile Court, to be kept in penal. servitude far 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.
As to receiving Stolen Goods :-
75, v'hosoever. 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 Ordinance, 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, ii 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 salve offence.
76. If any 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 tile 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 guy part or parts thereof knowing the same to have been
stolen.
77. Whenever any property whatsoever shall have been stolen,
taken, extorted, obtained, embezzled, or otherwise disposed of in such a
maisner as to amount to a felony, either at Common Law or by virtue of
this Ordinance; guy number of receivers at different times of such
property,
or: of any part or par is thereof, may be charred with substantive
felonies;
.ORDINANCE No. 7 of 1865.
Larceny, 4c.
in the- same information, and 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.
78. If upon the trial of any two or more persons indicted for jointly
Persons
indicted for
receiving any property it shall be proved that one or more of such
Jointly receiv-
ing may be
persons separately received any part or parts of such property, it shall
convicted of
separately
be lawful for the jury to convict, upon such information such of the said
receiving,
persons as shall be proved to have received any part or parts of such
property.
'J9. Whosoever shall receive any chattel, money, valuable security,
-or other property whatsoever, the stealing, taking, obtaining,
converting,
or disposing whereof is made a misdemeanor by this Ordinance, knowing
the same to have been unlawfully stolen, taken, obtained, converted, or
disposed 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 con-
victed 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 confine-
ment, and, if a male under the age of sixteen years, with or without
80. Where the stealing or taking of any property whatsoever is by
this Ordinance 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 be unlawfully come by, shall on conviction thereof before a Police
Magistrate 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 pro-
perty is by this Ordinance made liable.
81. In case of every felony punishable under this Ordinance 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 Ordinance punishable;-and every accessory after the fact to
.4ny felony punishable under this Ordinance (except only a receiver of
Receiving
where the
principal has
been guilty of
a misde-
meanor.
Receivers or.
property
where the
principal is
punishable on
summary
conviction.
Punishment
of principals
in the second
degree and
accessories.
[See Ord. No.
9 of 1875
~.
12.1
.-ORDINANCE No. 7.oF 1865.
Larceny, ~c.
stolen property) shall, on conviction, be liable, at the discretion of the
'Court, to be imprisoned for any term not exceeding two years, with
Abettors in or without hard labour, and with or without solitary
confinement ;-and
misde-
meanorh, every person who shall aid, abet, counsel, or procure the
commission of'
any misdemeanor punishable under this Ordinance shall be liable to be
indicted and punished as a principal- offender.
Abettora in- $2, Whosoever shall aid, abet, counsel, or procure the
commission
offences
punishable on of any offence which is by this Ordinance punishable on
summary cort--
nuznmary
aonviotion. viction, either for every time of its commission, or for the
first anal
[See Ord. wn. second time only, or for the first tirne only, shall; on
conviction before 'i%
fl of 1875 a.
X2:] Police Magistrate, be liable, for every first, second, or subsequent
offence of aiding, abettinng, counselling, or procurinb, to the same for-
feiture and punishment to which a person guilty of a first, second, or,
subsequent offence as a principal offender is by this Ordinance made
liable.
As to Restitution and Recovery of stolen Property --
The owner of $3. If any person guilty of any such felony or misdemeanor as
.is,
stolen pro.
perty prose- mentioned in this Ordinance, in stealing; taking, obtaining,
extorting,.
uuting thief
or receiver to embezzling, converting, or disposing of, or in knowingly
receiving, any -
Conviction
,;hall have chattel> money> valuable security> or other property
whatsoever> shall
restitution tyf
Ills propertbe indicted for such offence, by or on . the behalf of the
owner of the
~&a o>q. Nn, property, or his executor or administrator, and convicted
thereof, in
12fzsy5 x. , such case the property shall be restored to the owner or his
representa-
tive; 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
Provision as power to order the restitution thereof in a summary manner:
Provided,
a
to valuable,
that if it shall appear before any award or order made that any valualjle-
able secu-
aaiefi. security shall have been bona fide paid or discharged by some
person -or
body corporate liable to the payment thereof, or being a negotiable.
instrument shall have been bond 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
:._
Nut to apply --Provided also, that nothing in this section contained
shall apply to=,the-
to prosecution .
of trnstees,ke, .-case o£ anv.prosecution of any trustee, banker,
merchant, attorney, ..fact©r,_.
ORDINANCE No. 7 of 1865.
Larceny, dfe.
broker, or other agent intrusted with the possession of goods or docu-
ment of title to goods for any misdemeanor against this Ordinance:
84. 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 Ordi-
nance 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 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.
85, Whosoever shall publicly advertise a reward fur the return of
any property whatsoever which shall have been stolen or lost, and shall
in such advertisement use any words purporting that no questions will
be asked, or shall make 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 inqui
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 tvvo.hundred and
fifty dollars 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.
As to Apprehension of Offenders, and other P'roceedi?aqs:-
86. Any person found committing any offence punishable; either
upon information or upon summary conviction, by virtue of this
Ordinance, may be immediately apprehended without a warrant by any
person, and forthwith taken, tonether with such property, if anyy,
before a Police Magistrate, to be dealt with according to Law; 'any -if
any credible witness shall prove upon oath or declaration before a.
Taking a
reward for
helping to the
recovery of
stolen pro-
perty without
bringing the
offender to
trial.
Advertising a
rewarV for
the return of
stolen pro-
perty.
A person
committing
an offence
may be-appre-
hended with=
out warrant.
[ ewe O7 Na.
9 of 1875 -s..
ORDINANCE No. 7 oli 186:
Larceny, 8fc
Police Magistrate 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 by virtue of this Ordinance, shall have been
committed, the.Magistrate 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 lie shall have
reason-
able cause to suspect that any such offence has been committed on or with
respect to such property, is hereby authorised, and, if in leis power, is
required to apprehend and forthwith to take before a Police Magistrate:=v
the party offering the same, together with such property, to be dealt
with according to lave.
I'crson loiter.
ing at night
and suspected
of any felony
may be appre
headed.
Mode of com-
pelling the
appearance of
persons
punishable on
summary
conviction.
~Stse Ord. llro.
of 1 &y5 a.
12.1
w 87. Any constable or peace officer may take into custody, without-.
a. warrant, any person whom be shall find lying or loitering in any
highway, yard, or other place, during the night, and whom he shall have
hood cause to suspect of having committed, or being about to commit,
any felony in this Ordinance mentioned, and shall take such person, as
soon as reasonabl.Vmay be, before a Police Magistrate, to be dealt with
according to law.
88. Where any person shall be charged on the oath or declaration
of a credible witness before a Police Magistrate with any offence
punishable
on summary conviction under this Ordinance, the Magistrate may summon
the person charged to appear at a time and place to be named in such
summons, and if ale 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
Magistrate may either proceed to hear and determine the case ex carte, or
issue his warrant for apprehending such person, and bringing him before
himself or some other Magistrate ; or the Magistrate 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 Magistrate before whom the person charged shall appear or be
brought shall proceed to hear and determine the case.
89. Every sum of Tnoney which shall be forfeited on any sumlnary
Application
of forfeiturce
and penalties,: convictrbn for the value of any property stolen or taken,
or for the amount,
on summary
0anaietions. of any -injury done (such value or amount to be assessed in
each ease bv-
tlae convicting Manistrat-.,) ,;hall be, paid to the har&3? aggrieved,
exec' t
ORDINANCE. No. 7 of 1865:
Larceny, ~-c.
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 Police Magistrate, whether in addition to such value or
amount or otherwise, shall be paid to Her Alajesty for the use of the
Colony and in support of the Government thereof : 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, in every such
case no further sum shall be paid to the party aggrieved than such value
xIor amount; and the remaining sum or sums forfeited shall be applied
in the same manner as any penalty imposed by a Police Magistrate is
bereinbefore directed to be applied.
90. In every case of a summary conviction under this Ordinance,
where the sum which shall be forfeited for the value of the property
stolen
or taken, or for the amount of the injury done, or which shall be imposed
as a penalty by the Police Magistrate, shall not be paid, either
immediately after tl~e conviction, or within such period as the Magistrate
shall at the time of the conviction appoint, the convicting Magistrate
(unless where otherwise specially directed) may- commit the- offender to
the common gaol, there to be imprisoned only, or to be imprisoned and
kept to hard labour, according to the discretion of the Magistrate, 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 twenty-five dollars, and for any term not
exceeding four months where the amount, with costs, shall not exceed
fifty dollars, and for any term not exceeding six months irl. any other
case ; the commitment to be determinable in cacti of the cases aforesaid
upon payment of the amount and costs.
91. Where any person shall be summarily convicted before a Police
Magistrate of any offence against this Ordinance, and it shall be a first
conviction, the Magistrate 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 said Magistrate.
92. In case any person convicted. of any offence punishable upon
summary, conviction by virtue of this Ordinance shall have, paid the sum,
adjudged to be paid,,together with costs, under such conviction, or shall.
Proviso where
several
persons join
in commission
of same
offence.
If, a person
summarily
convicted
shall not pay,
fic., the Ma-
gistrate may
commit him.
[Sec Ord.
llra. 9 4!f 1875
8r. 12.]
Magistrate-.
may discharge
the offender
in certain
cases.
[See ib&.]
A summary.
conviction
shall be a -bar,
to any other
proceeding -
ORDINANCE-No. 7 0p 1865:
Larceny, ~c.
for the same (have received a remission thereof from the-Crown, or from
the Governor;
cause.
[&,e ibid.] or shall have suffered the imprisonment awarded for
non-payment thereof;
'or the ienprisonrnent adjudged in the first instance, or shall have been
so
discharged from his conviction by any '.Magistrate as aforesaid, in every
such. case he shall be released from all further or other proceeding for
the
same cause.
General issue,
Form of
information
for a
subsequent
offence and
proceedings
thereon.
[1Sce ibad,.]
Notice of , 9$, All actions and prosecutions to he commenced against any
:action.
[see ibid.] person for anything done in pursuance of this Ordinance shall
be
commenced within six months after the fact committed, and not otherwise ;
and notice in writing of such action and of the cause thereof shall be'
given to the defendant one month at least before the commencement of
the action ; and in any such action the defendant may plead the general
issue, and give this Ordinance and the special matter in evidence, at any
trial to be had thereupon ; and no: -plaintiff shall recover iii any such
action if tender of sufficient amends shall have been made before such
action brought, or if a sufficient sum of money shall have been paid into
_
Court after such action brought, by or on behalf of the defendant; and
of a verdicts shall-`pass for the defendant, or, the plaintiff shall
become-
nonsuit, or discontinue any such action after issue joined, or if upon
demurrer or otherwise, judgment shall be given against the. plaintiff, the
defendant shall recover-his full costs as between attorney and client, and
have the like remedy for the same as any defendant has by law in other
cases; and though a verdict shall be given for the plaintiff in any such
action, such plaintiff shall not have costs against the defendant unless
the Judge before whom the trial shall be shall certify his approbation of
the action.
I As to other Jlfatters:-
94. In any information for any offence punishable under this
Ordinance, and committed after a previous conviction or convictions for
any felony, misdemeanor, or offence or offences punishable upon summary
conviction, it shall be sufficient, after charging the subsequent
offence, to
state that the offender was at a certain tune and place, or at certain
times
and places convicted of felony, or of an indictable misdemeanor, or of
an offence or offences punishable upon summary conviction, (as the case
rnay be,) without otherwise describing the previous felony, misdemeanor,
offence or offences ; and a certificate containing the substance and
effect
only= (omitting the £orffial part) of the indictment~or information aucb
ORDINANCE No. 7 of 1565.
Larceny, 8;e.
conviction for the previous felony or misdemeanor; or a copy of any such
summary conviction, purporting to be signed by the clerk of the Court
or other officer having the custody of the records of the Court where
the offender was first convicted, or by the deputy of such clerk or
officer, shall, upon proof of the identity of the person of the offender,
be sufficient evidence of such conviction, without proof of the signature
or official character of the person appearing to have signed the same ;
and the proceedings upon any information for committing any offence
after a previous conviction or convictions shall be as follows ; (that
is to say,) the offender shall, in the first instance, be arraigned upon
so
much only of the information as charges the subsequent offence, and if he
plead not guilty, or if the Court order a plea of not guilty to be entered
on his behalf, the jury sba ll be charged, in the first instance, to
inquire
concerning such subsequent offence only ; and if they find him guilty, or
if on arraignment lie plead guilty, lie shall then, and not before, be
asked
whether he had been previously convicted as alleged in the information,
and
if he answer that he had been so previously convicted the Court may
proceed to sentence him accordingly, but if he deny that he had been so
previously convicted, or staid mute of malice, or will not answer directly
to such question, the jury shall then be charged to inquire concerning
Such previous conviction or convictions, and in such- case it shall not be
necessary to swear the jury again, but the oath altehdy taken by them
shall for all purposes be deemed to extend to such last-mentioned inquiry
Provided, that if upon the trial of any person for any such subsequent
offence such person shall give evidence of his good character, it shall be
lawful for the Attorney General, in answer thereto, to give evidence of
the conviction of such person fbr the previous offence or offences before
such verdict of guilty shall be returned, and the jury shall inquire
concerning such previous conviction or convictions at the same time- that
they inquire concerning such subsequent offence.
95. Whenever imprisonment, with or without bard labour, may be H;L,d
lavonr.
awarded for any indictable offence under this 0 rdinance, the Court may
sentence the offender to be imprisoned, or to be imprisoned and kept to
hard labour, and in either case the sentence shall be carried out in
accordance with the provisions of Ordinance No. 4 of 1863, .section 15.
PNo. 18 of 18-85 ' as amended by that Ordinance.
- 96. Whenever solitary confinement may be awarded for any
indictable offence under this Ordinance, the Count may direct the
offender.
Solitary
confinement
andwhipping.
[Sce ibid.]
Fine and
sureties for
keeping the
peace, in what
cases.
(see ibirl.]
h <i summary
conviction
'4r warrant to
be quashedfor
want of form.
[ Sre Mid,]
Procedure in
gases of
summary
con viction.
blagistrates'
jurisdz`Ction
saved.
(* Repealed
by Ord. No.
16 of 1818.]
©RDIN4NTCE . No. 7 of '1865:
Larceny, 6c.
to be kept in solitary confinement for any portion or portions of his
imprisonment, or of his imprisonment with hard labour, not exceeding
one month at any one time, and not exceeding three months in any one
year; and whenever whipping may be awarded for any indictable offence
under this Ordinance, the Court may sentence the offender to be o;tjce
privately whipped, and the number of strokes [' zc-hicla shall in no case
exceiforty' as amended by Ordinance No. 1 of 1866 and the il)strum.eDt
with
which they shall be inflicted shall be specified by the Court in the
sentence,
97. Whenever any person shall be convicted of any indictable
misdemeanor punishable under this Ordinance, the Court may, if it shall
think fit, in addition to or in lieu of any of the punishments by this.
Ordinance authorized, line the offender, and require him to enter into his
own recognizances and to fine sureties, both or either, for keeping the
peace and being of good behaviour; and in case of any felony punishable
under this Ordinance the Court may, if it shall think fit, require the
offender to enter into his own recognizances, and to fine sureties, both
or
either, for keeping the peace, in addition to any punishment by this.
Ordinance authorized: Provided that no person shall be imprisoned under'
this clause for not finding sureties for any period exceeding one year.
98. No summary conviction under this Ordinance stall be quashed
for want of form, or be removed by certiorari; and no warrant of com-
mitment shall be held void by reason of any defect therein, provided it
be therein alleged that the party has been convicted, ,a.nd there be a
good
and valid conviction to sustain the same.
99, Every offence under this Ordinance made punishable on
summary conviction by a Police Magistrate, shall be prosecuted, tried, and
determined in the manner directed by Ordinance No 10 of 184 ; and.'
every such Police Magistrate shall have, and is hereby invested with full
jurisdiction, power, and authority, to deal with, enquire of, try, deter-
mine, and punish, every offence under this Ordinance made punishable on
summary conviction by a Police Magistrate.
100. Nothing in this Ordinance contained shall prejudice, abridger,
diminish, or affect the powers and jurisdiction conferred upon. the
Magistrates by Ordinance No. 1 of 1563, * but all such powers and juris--
diction shall remain as ood, ample, and effectual to all intents and-
Z5
purposes as if this Ordinance had not been passed.
Larceny, & c.
No. 7 of 1865.
101. This Ordinance shall commence and take effect on the
fourteenth day of June, in the year one thousand eight hundred and
-sixty-five.
801
Title.
[See 24 & 25 V. c. 96.]
Preamble.
[See amending Ords. No. 3 of 1886 and No. 7 of 1890.]
802
Interpretation of terms: 'Document of Tilte to Goods:'
'Trustee:'
'Valuable Security:'
'Property:'
803
'Night:'
All lacenies to be of the same nature.
Bailees fraudulently converting property guilty of larceny.
Punishment for sample larceny.
Larceny after a coviction for felony.
Larceny after conviction of an indictable
804
misdemeanor under this Ordinance.
Larceny after two summary convictions.
Stealing horses, cows, sheep, &c.
Stealing goats and pigs.
805
Killing animals with intent to steal the carease, &c.
Dog stealing
Subsequent offence.
Possession of stolen dogs.
Taking money to restore dogs.
Stealing beasts or birds.
806
ordinarily kept in confinement.
Subsequent offence.
Persons found in possession of stolen beasts, &c., liable to penalties.
Killing pigeons.
Stealing or destroying valuable securities.
807
Documents of title to lands.
Wills or codicils.
Other remedies not to be affected.
808
Stealing records or other legal documents.
Form of information.
Metal, glass, wood &c., fixed to house or land.
809
Stealing trees, &c., in pleasure grounds to the value of $5, and elsewhere to the value of $25.
Stealing trees, &c., wheresoever growing to the amount of 24 cents.
Second offence.
Third offence.
810
Stealing, &c., any live or dead fence, &c.
Suspected persons in posoession of wood, &c., not satisfactorily accounting for it.
Stealing fruit or vegetable production in a garden.
Subsequent offence.
811
Stealing vegetable productions not growing in gardens.
Robbery or stealing from the person.
[See Ords. No. 16 of 1887 and No. 23 of 1887.]
On trial for robbery, jury may convict of an assault with intent to rob.
812
Assault with intent to rob.
Robbery or assault by a person armed, or by two or more, or robbery and wounding.
[See Ordces. No. 12 of 1865 & 3 of 1881.]
Letter demanding money with menances.
[See Ord. No. 16 of 1887.]
Demanding money, &c., with menaces, or by Force with intent to steal.
[See Ord. No. 16 of 1887.]
813
Letter threatening to accuse of crime, with intent to extort.
[See Ord. No. 16 of 1887.]
'Infamous crime' defined.
Accusing or threatening to accuse, with intent to extort.
[See Ord. No. 16 of 1877.]
Inducing a person by violence or
814
threats to execute deeds, &c., with intent to defraud.
[See Ord. No. 16 of 1887.]
Immaterial from whom menaces proceed.
Breaking and entering a church or chapel and committing any felony.
Burglary by breaking out.
Burglary.
815
What building within the curtilage shall be deemed part of the dwelling house.
Entering a dwelling house in the night with intent to commit any felony.
Breaking into any building within the curtilage, &c., not being part of the dwelling house, and committing any felony.
Breaking into any house, store, &c., and committing any felony.
816
Housebreaking, &c., with intent to commit any felony.
Being armed with intent to break and enter any house, &c., in the night.
The like, after a previous conviction.
Stealing in a dwelling house to the value of $25.
817
Stealing in a dwelling house with menaces.
Stealing from ships wharves, &c.
Stealing from ships in distress or wrecked.
Persons in possession of ship wrecked
818
goods not giving a satisfactory account.
If any person offer ship wrecked goods for sale, the goods may be seized.
[See Ord. No. 7 of 1890.]
Larceny by clerks or servants.
819
Embezzlement by clerks or servants.
Larceny by persons in the Queen's service or by the Police.
Embezzlement by persons in the Queen's service or by the Police.
820
Form of warrant of commitment and information.
Person indicted for embezzlement as a clerk, &c., not to be acquitted if the offence turn out to be larceny; and vice versa.
821
Tenant or lodger stealing chattel or fixture let with house or lodgings.
Agent, banker &c., embezzling money or selling securities, &c., instrusted to him
or goods, &c., instrusted to him for safe custody.
822
Punishment.
Not to affect trustees or mortgagees;
nor bankers, &c., receiving money due on securities;
or disposing of securities on which they have a lien.
Bankers, &c., frudulently converting property entrusted to them.
823
Persons under powers of attorney fraudulently selling property.
Factors obtaining advances on the property of thier principals.
Clerks wilfully assisting.
Cases excepted where the pledge dose not exceed the amount of thier lien.
824
Definition of terms:
'intrusted:'
'pledge:'
'possessed:'
'advance:'
'contract or agreement.'
'advance.'
Possession to be evidence of intrusting.
Trustees fraudulently disposing of property.
825
No prosecution shall be commenced without the sanction of the Attorney General.
Proviso, &c.
Directors, &c., of any body corporate or public company fraudulently appropriating property.
or keeping fraudulent accounts;
or wilfully destroying books, &c.;
826
or publishing fraudulent statements.
No person to be exempt from answering questions in any Court, but not to be liable to prosecution for compulsory disclosure.
No remedy at Law or in Equity shall be affected.
Convictions shall not be evidence in civil suits.
827
Fakse protences.
No acquittal because the offence amounts to larceny.
Form of information and evidence.
Where any money or thing is caused to be paid or delivered, &c., to any person other than the person making the false pretence.
Inducing persons by fraud to execute deeds and other instruments.
828
Receiving where the principal is guilty of felony.
Information for sealing and receiving.
Separate receivers may be included in the same information in the absence of the principal.
829
Persons indicted for jointly receiving may be convicted of separately receiving.
Receiving where the principal has been guilty of a misdemeanor.
Receivers of property where the principal is punishable on summary conviction.
Punishment of principals in the second degree and accessories.
[See Ord. No. 9 of 1875 s. 12.]
830
Abettors in misdemeanors.
Abettors in offences punishable on summary conviction.
[See Ord. No. 9 of 1875 s. 12.]
The owner of stolen property prosecuting thief or receiver to conviction shall have restitution of his property.
[See Ord. No. 9 of 1875 s. 12.]
Provision as to valuable and negotiable securities.
Not to apply to prosecution of trustees, &c.
831
Taking a reward for helping to the recovery of stolen property without bringing the offender to trial.
Advertising a reward for the return of stolen property.
A perosn committing an offence may be apprehended without warrant.
[See Ord. No. 9 of 1875 s. 12.]
832
Person loitering at night and suspended of any felony may be apprehended.
Mode of compelling the appearance of perosons punishable on summary conviction.
[See Ord. No. 9 of 1875 s. 12.]
Application of forfeitures and penalties on summary convictions.
833
Proviso where seversal persons join in commission of same offence.
If a person summarily convicted shall not pay, &c., the Magistrate may commit him.
[See Ord. No. 9 of 1875 s. 12.]
Magistrate may discharge the offender in certain cases.
[See ibid.]
A summary conviction shall be a bar to any other proceeding.
824
for the same cause.
[See ibid.]
Notice of action.
[See ibid.]
General issue, &c.
Form of information for a subsequent offence and proceedings thereon.
[See ibid.]
835
Hard labour
[See ibid.]
Solitary confinement and whipping.
[See ibid.]
Fine and sureties for keeping the peace, in what cases.
[See ibid.]
No summary conviction or warrant to be quashed for want of form.
[See ibid.]
Procedure in cases of summary conviction.
[See ibid.]
Magistrates' jurisdiction saved.
[* Repealed by Ord. No. 16 of 1878.]
837
Commencement of Ordinance.
No. 7 of 1865.
An Ordinance to consolidate and amend the Enactinents in
Force in this Colony relating to Larceny and other similar
Offences.
[3rd June, 1865.]
WHEREAS it is expedient to consolidate and amend the enactments
in force in this Colony relating to larceny and other similar [see amend-
i11 g Ord& No.
offences : Be it enacted by His Excellency the Governor of Hongkong
sofzssa awt
zlo.7 of 1890.]
with the advice of the Legislative Council thereof, as follows :-
Interp,~et.
tib4 gE t~a.:
'Document
o£ title to
Goods :'
' valuaLle
security :'
Property:
0RDINANC9 If o, 7 om 1,8,654
Larceny, 8fc.
1 In tie interp:retatim of this OrdinaTxce
The term 'Document of Title to Goods ' shall include any bill
of lading, India warrant, dock warrant., warehouse keepers'
certificate, warrant or order for the delivery or transfer of
any goods or valuable thing, bought and sold note, or any
other document used in the ordinary coarse of business as
proof of the possession or control of goods, or authorising
or purporting to authorise, either by indorsement or by
delivery, the possessor of such document to transfer or
receive any goods thereby represented or therein mentioned
or referred to
The term ' Trustee' shall mean a trustee on some empress trust
created by some deed, will, or instrument in writing, and
shall include the heir, or personal representative, of any
such trustee, and any other person upon or to whom the
duty of such trust shall have devolved or come, and also
an executor and ,administrator and an official manager,
assignee, liq.uidator or other like officer acting under any
present or future Act gelatin; to joint stock companies,
bankruptcy or insolvency
v
The term 'valuable Security' shall include any order or other
security whatsoever entitling or evidencing the title of any
person or body corporate to any share or interest in,any
public stock or fund, whether o£ the United Kingdom, or
of Great Britain or of Ireland, or of any Foreign State, or
in any fund of any body corporate, company, or society,
whether within this Colony or in the United Kingdom or
in any Foreign Mate or country; or to any deposit in any
bank, and shall also include any debenture, deed, bond,
bill, note, warrant, order, or other security whatsoever for
money or for payment of money, whether o£ this Colony,
or of the United Kingdom, or of Great Britain or of Ireland,
or of any Foreign State, and any document of title to lands
or goods as hereinbefore defined.
The term ' Property ' shall include every description of real..
and personal ;property, money, debts and legacies, and all
deeds,and, .instrutnen.ts relating to or ev.ide,ncing he title
ORDINANCE No.. 7 of 18&5.
Larcenies, &c.
or right to any property, or giving a rigvt to recover or
receive any money or roods, and shall also include not
only such property as shall have been originally in the
possession or under the control of any party, but also any
property into or for which the same may have been
converted or exchanged, and any thin; acquired by such
conversion or excbanne, whether immediately or otherwise.
For the purposes of this Ordinance, the night shall be deemed
to commence at nine of the clock in the evening of each
day, and to conclude at six of the clock in the morning of
the next succeeding day.
2. Every larceny, whatever be the value of the property stolen, shall All
larcenies
be ,deemed to be of tile same nature, and shall be subject to tile same
to be of the
same nature.
incidents in all respects as brand larceny was by the Law of England
before the twenty-first day of June, one thousand eight hundred and
twqnty-seven.
$. Whosoever being a bailee of any chattel, money, or valuable
13ailees frauul-
ulently
converting
property
guilty °f
larceny. _
security, shall fraudulently take or convert the same to leis own use or
the use of any person other than the owner thereof, although he shall not
break bulk or otherwise determine the bailment, shall be guilty of
larceny,
tend may be convicted thereof upon an information for larceny.
4. Whosoever shall be convicted of simple larceny, or of any felony
Punipbruent
for simple
hereby made punishable like simple larceny, shall (except in the cases
larceny.
hereinafter otherwise provided for) 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
bard. labour, and with or without solitary confinement, and, if a male
under the age of sixteen years, with or without whipping.
6. Whosoever shall commit the offence of simple larceny after a Larceny
after
a conviction
previous conviction for felony shall be liable, at the discretion of the
Court, for felony..
to be kept in penal servitude for any term not exceeding ten years and
not less than throe 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.
6. Whosoever shall commit the offence of simple larceny, or any
Lar°euyaft°r
conviction °f
offence hereby made punishable like simple larceny, a:fter having been an
iwdi°table
SteAina. goats
Awl r)ia .
misdemeanor
under Ws
UrdinaiiCe.
Larceny after
two summary
convictions.
stealing
horses, cows,.
sheep, a;o.
ORDINANCE No. 7 0F 1865:
Larcenies, 4c.
previously convicted of any indictable misdemeanor punishable under thin
Ordinance, 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 terra 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.
'J. Whosoever shall commit the offence of simple larceny, or any
offence hereby made punishable like simple larceny, after having been
twice summarily convicted of any of f;lie offences punishable upon
summary conviction, under the provisions contained in any enactment in
force in this Colony ( whether each of the conviction s'.:111 have been in
respect of an offence of the same description or not, and whether such
convictions or either of them shall have been or shall be before or after
the passing of this Ordinance) 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, and, if a male under the awe of sixteen years, with or
without whipping.
As to. Larceny of Cattle or other Animals
$. Whosoever shall steal any horse, mare, gelding, colt, or filly, or
any bull, cow, ox, heifer, or calf, or any ram, ewe, sheep, or lamb, 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 impri-
soned for any term not exceeding two years, with or without hard labour,
and with or without solitary confinement, dud, if a male under the age of
sixteen years, with or without whipping.
9. Whosoever shall steal any goat, or hid, whether male or female,
or any boar, sow, hog, or pig, shall be guilty of felony, and being con-
victed 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
terra 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 whippiu.g.
805
ORDINANCE No. 7 olF 1865.
Larceny, L~c.
10. Whosoever shall wilfully kill any animal, with intent to steal
the carcase, skin, or any part of the animal so killed, shall be guilty of
-felony, and being convicted thereof shall be liable to the same
punishment
as if he had been convicted of feloniously stealing the sarne, provided
tile
offence of stealing the animal so killed would have amounted to felony.
11. Whosoever shall steal any dog shall, on conviction thereof before
voglstoalin<n.
any Police Magistrate, either be committed to the common gaol, there to
be imprisoned, or to be imprisoned and kept to bard labour, for any term
not exceeding six months, or shall forfeit and pay, over and above the
value of the said dog, such sum of money, not exceeding one hundred
dollars, as to the said Magistrate shall seem meet;-and whosoever, having
been convicted of any such offence, either against this or any former
.enactment in force in this Colony, shall afterwards steal any dog, shall
be
guilty of a misdemeanor, and being convicted thereof shall be liable, at
the discretion of the Court, to be imprisoned for any term not exceeding
eighteen months, with or without hard labour.
12. Whosoever shall unlawfully have in his possession or on his
Possession of
stolen doted:
premises any stolen dog, or the skin of any stolen dog, knowing such dog
to have been stolen, or such skin to be the skin of a stolen do;, shall,
on
conviction thereof before a Police Magistrate, be liable to pay such sure
of
money, not exceeding one hundred dollars, as to such Magistrate shall
seem meet;-and whosoever, having been convicted of any such offence,
either against this or' any former enactment in force in this Colony,
shall
afterwards be guilty of any such offence as in this section before
mentioned,
shall be guilty of a. misdemeanor, and being convicted thereof shall be
liable, at the discretion of the Court, to be ilnpri.,oned for any term
not
exceeding eighteen months, with or without hard labour. °.
13. Whosoever shall corruptly take any money or reward, directly
TakingmeneT
to restore
or indirectly, under pretence or upon account of aiding any person to
toir~.
recover any dog which shall leave been stolen, or which shall be in the
possession of any person not being the owner thereof, shall be guilty of a
misdemeanor, and being convicted thereof shall be liable, at the
discretion
of the Court, to be imprisoned for any term not exceeding eighteen months,
with or without hard labour.
14. Whosoever shall steal any bird, beast, or other animal ordinarily
stealing
kept in a state of confinement or for any domestic purpose, not being the
be art
or
K;ntu
animals wi tL
intent to steal
the carca5e,
sub.se<aaoar,
kept in, .
a>ufinemexrt.
Subsequent
Persons fou ad
in poeaesaion
of atoien
rata, &c.,
I
jA, t0
~3i~tiea.
Killing
pigeons.
Stealing or
destroying
valuable
securities.
ORDINTAIYCt ho. 1 op'- 1885.
Larceny, Bye.
subject of larceny at Common Law in Ennlarid, or shall wilfully kill any
such bird, beast, or animal with intent to steal the same or any part
therecif,-
shall, on conviction thereof before a Police Magistrate, at the
discreti6i~
of the Magistrate, either be committed to the common gaol, 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 bird, beast, or other animal, such sum of money,
not exceeding one hundred dollars, as to the 14lariistrate shall seem
meet;
-and whosoever, having been convicted of any such offence, either against.
this or any former enactment in force in this Colony, shall afterwards
commit any offence in this section before mentioned, shall be guilty of a
misdemeanor, and being convicted thereof shall be liable, at the
discretion
of the Court, to be imprisoned for any term not exceeding twelve months,
with or without herd labour.
16. If any such bird, or any of the plumage thereof, or any dog, or-
any such beast, or the skin thereof, or any such animal, or any part-
thereof, shall be found in tire possession or on the premises of any
person,
a Police Magistrate rnay restore the same respectively to the owner
thereof;
an any person in whose possession or on whose premises Auch bird ot,
a '
the plu>.nag a thereof, or such beast or the skin thereof, or such animal
or
any part thereof, shall be so found, (such person f:nowing that the bird,
beast, or animal has been stolen, or that the plumarie is the plum,~,,,,e
of a
stolen bird, or that the skin is the skin of a stolen b.~ast, or that the
part
is a part of a stolen animal,) shall, on convicticm before a Police
Nlaais--
trute, be liable, for the first offence to such forfeiture, and for every
sub-
sequent offence, to such punishment, as any person convicted of stealing
any beast or bird is made liable to by the lust preceding section.
16. Whosoever shall unlawfully and wiltizlly kill, wound, or ta ke~
buy house dove0r pigeon .under such circumstances as shall riot amount
to larceny at `Common Law in England, stall, on conviction before a Police
Magistrate, forfeit and pay, over and above the value of the bird, any
gum not elceedinten dollars.
g As to larceny q f written Instruments:-
17. Whosoever shall steal, or shall for any fraudulent purpose destroy,
cancel, or obliterate, the whole or any part of any valuable security,
other
'than a document of title to binds, shall be guilty of felony, of the same
nature and in the same degree and punishable in the same manner as T£~
URDINANCE No. '= oF° 1865:
Larceny, .~e.
he haci stolen any chattel of like value with the share, interest, or
deposit
td which the security so stolen may relate, or with the money due on the
security so stolen, or secured thereby and remaining unsatisfied; or with
the value of the goods or other valuable thing represented, mentioned, or
referred to in or by the security.
18. Whosoever shall steal, or shall for any fraudulent purpose destroy,
Documents °f
cancel, obliterate, or conceal, the whole or any part of any document of
title t° lands.
title to lands 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
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, and, if a male under the age of sixteen years, with or
*ithout
whipping.
19. Whosoever shall, either during the life of the testator or after
his death, steal, or for any fraudulent purpose destroy, cancel,
obliterate,
or conceal, the whole or any part of any will, codicil, or other
testamentary
instrument, whether the same shall relate to real or personal estate, or
to
both, fihall be guilty of felony, and being convicted thereof shall be
liable,,
at the discretion of the Court, to be kept in penal servitude for life or
tot
any terriz 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; and it shall not in any information for such offence
be necessary to allege that such will, codicil, or other instrument is the
property of any person: Provided, that nothing in this or the last pre-
ceding section mentioned, nor any proceeding, conviction, or judgment to
be had or taken thereupon, shall prevent, lessen, or impeach ally remedy
at Law or in Equity Which any party aggrieved by any such offence rinight
or would have had if this Grdinaunce had not been liassea; but no cone
viction of any such offender shall be received in evidence iii any action
at
Law, or suit in Equity against him; and no person shall be liable to be
convicted of any of the felonies in this and the last preceding section
'rn'ehtioned, by any evidence whatever, in respect of any act done by him;
if he'shall at any time previously to his being charged with such offence
have first disclosed such act, on oath; affirmation or declaration, in
co17-
sequence of any compulsory process of any Court of Law or Equity in any
action, suit; or proceeding which shall have been bond fide instituted by
wills or
Codicils.
Other
remedies not
to be affected,
st,:arizib
records or
other lager ,
.locuments.
Metal, glass,
wood &c.,
fixed to home
or land.
ORDINANCE ~ Na. ~7 ok r865:
IsareenJ, .8fc
any party aggrieved, or if he shall have first disclosed the same in any
compulsory examination or deposition- before any Court upon the hearing
of any matter in bankruptcy.
20. Whosoever shall steal, or shall for any fraudulent purpose take
from its place of deposit for the time being, or from any person having
the lawful custody thereof,-or shall unlawfully and maliciously cancel,
obliterate, injure, or destroy the whole or any part of any record, writ,
return, panel, process, interrogatory, deposition,. affidavit, rule,
order, or
warrant of attorney, or of any original document whatsoever of or belong-
ing to any Court of Record in this Colony, or relating to any matter,
civil or criminal, begun, depending, or terminated in any such Court, or
of any bill, petition, answer, interrogatory, deposition, affidavit,
order, or
decree, or of any original document whatsoever of or belonging to any
Court of Equity, or relating to any cause or matter begun; depending or
terminated in any such Court, or of any original document in anywise
relating to the business of any office or employment under Her Majesty,
and being or remaining in any office appertaining to any Court of Justice,
or in any Government or public .office,-shall be guilty of,felony, send
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, and, if a male under the age of
Form of sixteen years, with or without. whipping; and it shall not in any
infor-
informnt~on, oration for such offence be necessary to allege that the
article in respect
of which the offence is committed is the property of any person.
' As to Larceny of Things attached to or growing on Land:-
21. Whosoever shall steal,. or- shall- rip, cut, sever; or break with
intent to steal, any glass, shingles, or wood-work belonging to any
building whatsoever, or any' lead, iron, copper, brass, or other metal, or
any utensil or fixture, whetberr, made of metal or other material.or of
both, respectively fixed in or to any .building whatsoever, or any thing,
made of metal fixed in any land being private property, or for a fence ta,
any dwelling house, garden,' or area, or . in any square or .street, or
in.
any place dedicated to public use or ornament, or in any burial ground,-
shall be guilty of felony, and being convicted thereof shall be liable to
be' punished as in the case -of,~ pimple larceny ; and in the case of any
ORDINANCE ~°No. 7 or .1865.
Larceny, 8jrc.
such thins fixed in any such square, street or place as aforesaid, it
shall
not be necessary to allege the same to be the property of any person.
22. Whosoever shall steal, or shall cut, break, root up, or other-
wise destroy or damage with intent to steal, the whole or any part of
any tree, saplin;, or shrub, or any underwood, respectively growing in
any pleasure ground, garden, orchard, or avenue, or in any ground
adjoining or belonging to any dwelling house, shall (in case the value
of the article or articles stolen, or the amount of the injury done, shall
exceed the sum of five dollars,) be guilty of felony, and being convicted
thereof shall be liable to be punished as in the case of simple larceny;-
and whosoever shall steal; or shall cut, break, root up, or otherwise
destroy or damage with intent to steal, the whole or any part of any
tree, sapling, or shrub, or any underwood, respectively growing else-
where than in any of the situations in this section before mentioned,
shall
(in case the value of the article or articles stolen, or the amount of the
injury done, shall exceed the sum of tweilty-five dollars,) be guilty of
felony, and being convicted thereof shall be liable to be punished as in
the case of simple larceny.
23. Whosoever shall steal, or shall cut, break, root up, or other-
wise destroy or darnage with intent to- steal, the whole or any part of
any tree, sapling, or shrub, or any underwood, wheresoever the same
may be respectively growing, the stealing of such article or articles, or
the injury done, being to the amount of twenty-four cents at' the least,
shall, on conviction thereof before a Police Magistrate, forfeit and pay,
over and above the value of the article or articles stolen, or the amount
of the injury done, such sum of money not exceeding twenty-five dollars
as to the said Magistrate shall seern meet; and whosoever having been
convicted of any such offence, either against this or any former' enact-
ment in force in this Colony, shall afterwards . commit any of the said
offences in this section before mentioned, and shall be convicted thereof
in like manner, shall for such second offence be committed to the common
gaol; there to be- kept to hard labour for such term not exceeding six.
months as the convicting Magistrate shall think fit ; and whosoever Third
offence.
having been twice convicted of any such offence (whether both or either of
such convictions shall have taken place before or after the passing of
this
Ordinance;) shall afterwards commit any of the offences in this section
before mentioned, shall be guilty of felony; and being'convicted,tbereof
shall
be liable to be punished in the same inaliner as in the case of simple
larceny;
809
Stealing trees,
&C., in
pleasure
grounds to the
valve of $o,
and elsewhere
to the valve
of $25.
Stealing trees,
&c., where-
soever grow-
ing to the
amount of 21
cents.
Second
offence.
Stealing fruit
or vegetable
production in
a garden.
ORDINANCE. No. Vo~ ~180a
Lore'eny, cf4.
Stealing, aye., ° _ 24. Whosoever shall .steal, or .shall cut, break, .or
throw don with
any live or
dead fence, intent to steal, any part of any live or dead fence, or any
wooden post,
pale, wire, or rail set up or used as a fence, or any stile or gate, or
any
part thereof respectively, shall, on conviction thereof before a Police
Magistrate, forfeit and pay, over and above the value of the article or
articles so stolen, or the amount of the injury done, such sum of money
uot.exceeding twenty-five dollars as to the Magistrate shall seem meet;
and whosoever, having been convicted of any such offence, either against
this or .any former enactment in force in this Colony, shall afterwards
commit any of the said offences in this section before mentioned, and
shall be convicted thereof in like manner, shall be committed to the
common gaol, there to be kept to hard labour, for such term not exceed-
ing six months. as the convicting Magistrate shall think fit.
~uspeotea 213. If the whole or any part of any tree, sapling, or shrub, or
any
persona in
possession or underwood, or any part of any live or dead fence, or any
post, pale, wire,
wood, &e., not
satisfactorily rail, stile, or gate, or any part thereof, being o£ the
value of twenty-four
f~; °tnting
cents at the least, 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 Police Magistrate, shall not satisfy the
'Magistrate that he came lawfully by the same, he shall on conviction
forfeit and pay, over and above the value of the article or articles so
found, any sum not exceeding ten dollars.
26. Whosoever shall steal, or shall destroy or damage with intent
,to steal, any plant, root, fruit; or vegetable production growing in any
;garden, orchard, pleasure ground, or nursery ground, hothouse, green-
house or conservatory, shall, on conviction thereof before a Police -Ala
gis-
trate, at the discretion of the Magistrate, either be committed to the
common gaol, 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 article or articles so
stolen, or the amount of the injury done, such sum of money not exceed-
Subsequent 1Tlg .one' hundred dollars as to the Magistrate shall seem
meet; and
offence.
whosoever, having been convicted of any such offence, either against
this or any former enactment in force in this Colony, shall afterwards
commit any of the offences in this section before mentioned, .shall be
guilty of felony, and being convicted thereof shall be liable to be
punished
iu tie same manner as in the case of simple larceny.
QRLIIN$NCE -No. T op 1865.
Larcmy, 4a.
2'j. Whosoever shall steal, or shall .destroy or damage with intent
to steal, any cultivated root or.plant used for the food of man or beast,
-or for medicine, or for distilling, or for dyeing, or for or in the
course
of any manufacture, and growing in any land, open or inclosed, not
being a garden, orchard, pleasure ground, or nursery ground, shall, on
conviction thereof before a Police Magistrate, at the discretion of the
Magistrate, either be committed to the common gaol, there to be impri-
soned only, or to be imprisoned and kept to hard labour, for any term
not exceedinn one month, or else shall forfeit and pay; over and above
the value of the article or articles so stolen, or the amount of the
injury
done, such sum of money not exceeding five dollars as to the Magistrate
shall seem meet; and in default of payment thereof, together with the
costs (if ordered), shall be committed as aforesaid for any term not
exceeding one month, unless payment be sooner made; and whosoever,
having been convicted of any such offence either against this or any
former enactment in force in this Colony, shall afterwards commit any
of the said offences in this section before mentioned, and shall be
convicted thereof in like manner, shall be committed to the common
gaol, there to be kept to hard labour, for such tercn not exceeding sie
months as the convicting Magistrate shall think fit.
4s to Larceny from the Person, and other like Ofences:--
28. Whosoever shall rob any person, or shall steal any chattel,
money or valuable security from the person of another, 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. .
29. If upon the trial of any person upon any information 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 there-
upon such defendant shall be liable to be punished in the same manner
stealing
vegetable
production,
not growing
in gardens.
Robbery or
stealing front
the person.
[&e Ood g. VO.
16 of 1887 a lad
.ayo. 23 of
1387.]
On trial for
robtery,jury
inay convict,
of an assault,
Nvith intent,
t0 1'obL
ORDINANCE Nd: - 7oi 1861;:
Assault with
intent to rob.
Robbery or
assault by a
person armed,
or by two or
more, or
rubbery and
wound'
'I
('See Ordaes.
s'v'o. 1,E of XBab
,.5' ,g of 188T.]
Latter
demanding
money with
menaces.
~'e~s-.Ord. 11 0,
~Q o,~'1887.] .
Larceny, Bfc:
as if be had been convicted upon an information for feloniously assault-
inn with intent to rob ; and no person so tried as is herein lastly men:
tinned shall be liable to be afterwards prosecuted for an assault with
intent to commit the robbery for which he was so tried.
30. Whosoever shall assault any person with intent to rob shall
be guilty of felony, and being convicted thereof shall (save and except
in the cases where a greater punishment is provided by this Ordinance
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.
31. Whosoever shall, being armed with any offensive weapon or'
instrument, rob, or assault with intent to rob, any person, or shall,
together with one or more other person or persons, rob, or assault with
intent to rob, any person, or shall rob any person, and at the time of or
immediately before or immediately after such robbery shall wound, beat,
strike, or use any other personal violence, to any person, 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 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 con-
finemet.
32. Vrhosoever shall send, deliver, or utter, or directly or indirectly
cause to be received, knowing the contents thereof, any letter or writing
demanding of any person with menaces, and without any reasonable or~
probable cause, any property, chattel, money, valuable security, or other:
valuable thing, shall be guilty of felony, and being convicted thereof
shale
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 foe
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.
nemauding, 33. Whosoever shall with menaces or by force demand any
property;
wthmenaees, chattel, money, valuable security, or other valuable thing of
any person,.
or Force
to with intent to steal the same; shall be guilty of felony, and being
convicted:
steal..
[&e No. thereof shall be liable, lit the discretion of the Court, to be
kept. in penal
16 °f z$87'1 s'~rvitrzde for the term of three .years;-or to be
imprisoned for any ter-m
ORDINANCE No. 7 of 1865.
Larceny, ~-c.
tot exceeding two years; `with or without hard labour, and with or without
solitary confinement.
34. Whosoever shall send, deliver, or utter, or directly or indirectly
cause to be received, knowing the contents thereof, any letter or writing
accusing or threatening to accuse any other person of any crime punishable
by law with death or penal servitude for not less than seven years, or of
any assault with intent to commit any rape, or of any attempt or
endeavour to commit any rape, or of any infamous crime as hereinafter
defined, with a view or intent in any of such cases to extort or gain by
means of such letter or writing any property, chattel, money, valuable
security, or other valuable thing, from any person, sball be guilty of
felony,
and being convicted thereof 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, and, if
a male under the age of sixteen years, with or without whipping ; and
~
crime
the abominable crime of buggery, committed either with mankind or det»-1.
with beast, and every assault with intent to commit the said abominable
crime, and every attempt or endeavour to commit the said abominable
crime,; and every solicitation, persuasion, promise, or threat offered or
, . -
made to any person whereby to move or induce such person to commit
or permit the said abominable crime, shall be deemed to be an infamous
crime within the meaning of this Ordinance.
35. Whosoever shall accuse or threaten to accuse, either the person
to whom such accusation or threat shall be made or any other person, of
.any of the infamous or other crimes lastly hereinbefore mentioned, with
the 'view or intent in any of the cases last aforesaid, to extort or gain
from such person so accused or. threatened to be accused; or from any
,other person, any property, chattel, money, valuable, security, or other
valuable thing, 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
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.
Aor without solitary confinement, and, if a male under the age of sixteen
years with or without whipping.
36. Whosoever, with intent to,defraud or injure any other person,i
dh,e;ng,:T.
by
:ball by any unlawful violence to or restraint of, or threat of violence
to per5ou oryiozonce <>r
Letter
threatening
to accuse of
crime, witli
intent to
extort.
Sec Ord~ _1'i).
~6 if XfiSi.j
.nocnsitiz! o,
threatening
to accuse,
With in tent t .o
extent.
[See Ord. -Yo.
16' nf'188i.j
threats to
execute deeds,
&a, with
intent to
defraud.
[8ie Ord, ~lru.
rQ of rssy.]
Immaterial
from whonx
arenacea
proceed.
Breaking and
entering a
church or
chapel and
committing.
utty felony.
©RDIIQANCE 1VTil: fi. 0k' 186.
Larceny, ~e.
restraint of, the person of another; or by aceus'ing or threatening to
accuse
any person of any treason, felony or infamous crime as .hereinbefore
defined;
compel of induce any person to execute, make, accept, indorse, alter, or
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 or to any -paper or parchment, in order that
the same may be afterwards made or converted into,- or used or dealt
with, as a valuable security, 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 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, and, if a male under
the age of sixteen years, with or without whipping:
37. It shall be immaterial whether the menaces or threats herein
before mentioned be of violence, injury, or accusation to be caused or
rrrade by the offender or by any other person.
As to Sacrilege, Burglary, and Housebreaking:-
38. Whosoever shall break and enter any church, chapel, meeting
house, or other place of divine worship, and commit any felony therein;
or being in any church, chapel, meeting house, or other place of divine
worship 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 life or for any
term not less than three years,-or to be imprisoned for any term not
eACeeding two years, with or without hard labour, arid with or without
solitary confinement, and, if a male under the age of sixteen years, with
or without whipping.
Burglary by $9. Whosoever shall enter the dwelling house of another with
l:reaking.our. 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.
Burglary. 40. 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
aiiy term not exceeding two years, with or without hard labour, and with
ORDINANCE No. 7 - of 1866.
Larceny, 8fc.
or without solitary confinement, and, if a, male under the age of sixteen
years, with or without whipping.
41. No building, although within the same curtilage with any
dwelling house, and occupied therewith, shall be deemed to be part of
such dwelling house for any of the purposes of this Ordinance, 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.
42. 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.
43. Whosoever shall break and enter any building, and commit
any felony therein, such buildllh being within the curtilage of a dwelling
house, and occupied therewith, but not being part thereof, according to
the provision hereinbefore mentioned,-or being 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, and, if a male under
the age of sixteen years, with or without whipping.
44. Whosoever shall break and enter any dwelling house, school
house, store, shop, warehouse, godown, or counting-house, and commit
any felony therein, or, being in any dwelling house, school house, store,
shop, warehouse, godown, 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 bard labour, and with or without solitary
confinement, and, if a male under the age of sixteen years, with or
without
w ,kipping, .'
what build-
ing within the
curtilage shall
be deemed
part of the
dwelling
house.
Entering a
dwelling
house in the
night with
intent to
commit any
felony.
Breaking into
any building
within the
curtilage, &c.,
not being part
of the
dwelling
house, and
committing
any felony.
Breaking into
any house,
store, &c., and,
committing
any felony.
'The like, after
a previous
:conviction. .,
Stealing in s
dwelling
house to the
value of $25.
ORDINANCE No. 7'of 186.5.
Larceny, ~e.
Housebwemk- 45. Whosoever shall break and enter any dwelling house, church,
ing, &o., with
intentto chapel, meeting-house, or other place of divine worship, or any
building
commit any
f~us~. - within the curtilage, school house, store, shop, warehouse,
godown, 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.
-x;mic; armed 46. Whosoever shall be found by night armed with any
dangerous
with intent to
break and or offensive weapon or instrument whatsoever, with intent to
break or
u:nter any.
house, ao., in enter into any dwelling house, or other building
whatsoever, and to
the night.
commit any felony therein, or shall be found by night hav ing in his
possession without lawful excuse (the proof of which excuse shall lie on
such
person) any picklock key, crow, jack, bit, or other implement of house-
breaking, 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; 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.
47. Whosoever shall be convicted of any such misdemeanor as in
the last preceding section mentioned, committed ~after a previous
conviction.
either for felony or such misdemeanor, shall on such subsequent conviction
be liable, at the discretion of the 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:-
48. Whosoever shall steal in any dwelling house any chattel,
honey, or valuable security, to the value in the whole of twenty-live
dollars or more, 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
ORDINANCE loo. 7 of 1865.
Larceny, 4c.
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.
49. Whosoever shall steal any chattel, money, or valuable security
in any dwelling house, and shall by any menace or threat put any one
being therein in bodily fear, 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 terra 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, 4,c.:-
Stealing in
a dwelling
house with
menaces.
50. Whosoever shall steal any goods or merchandise in any vessel,
Stealing from .
barge, or boat of any description whatsoever in any haven, or in any port
ships. whar-
res, kc.
of entry or discharge, or in the course of any voyage from any port or
place in this Colony to any other port or place therein, or in any creek
or basin belonging to or corninunicating with any such haven or port, or
shall steal any goods or merchandise from any dock, wharf, or quay
adjacent to any such haven, port, creek or basin,-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 net 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.
51. Whosoever shall plunder or steal any part of any ship or vessel
which shall be in distress, or wrecked, stranded, or cast on shore, or any
goods, merchandise, or articles of any kind belonging to 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
bard labour, and with or without solitary confinement, and, if a male
under the age of sixteen years, with or without whipping.
52. If any,goods, merchandise, or articles of any kind, belonging
to rersehsii,
an ship or. vessel in distress or wrecked stranded or cast on
~. shorei possession ef,
ship wrcckpd
stealing from
snips in dis=
tress or
wrecked.
goods not
giving a
satisfactory
account.
if any person
offer ship.
'wrecked
goods for
sale, the goods
may be seined.
Bee Ord. No
of 1890.]
Larceny by
clerks or
servants.
ORDINANCE No., 7 of 1865.
Larceny, &.
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 Police Magistrate, shall not satisfy the Magistrate that he came
lawfully by the same, then the same shall, by order of the Magistrate,
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 Magistrate, at the discretion of the Magistrate, either be committed
to the common gaol, 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, merchan-
dise, or articles, such sum of money not exceeding one hundred dollars
as to the Magistrate shall seem meet.
53. If any person shall offer, or expose for sale any goods, mer-
chandise, or articles whatsoever, which shall have been unlawfully taken,
or shall be reasonably suspected so to have been taken, from any ship or
vessel in distress, or wrecked, stranded, or cast on shore, in every such
case ally person to whom the same shall be offered for sale, or any
officer
of the customs, or peace officer, may lawfully seize the same, and shall
with all convenient speed carry the same, or give notice of such seizure,
to a Police Magistrate; and if the person who shall have offered or
exposed the same for sale, being summoned by such Magistrate, shall not
appear and satisfy the, Magistrate that he came lawfully by such goods,
merchandise, or articles, then the same shall, by order of the Magistrate,
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 Magistrate)
to the person who seized the same; and the offender shall, on conviction
of such offence by the Magistrate, at the, discretion of the Magistrate,
either be committed to the common .gaol, 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, merchandise, or articles, such sum of money not exceeding ore
hundred dollars as to the Magistrate shall seem meet.
As to Larceny or Embezzlement by Clerks, Servants, or Persons in the
Public .S'erviee:---
54. Whosoever, being, a clerk or servant, or being 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
ORDINANCE No. 7 of 1865.
Larceny, ~c.
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.
65. 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, 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
withouA
whipping.
56. Whosoever, being employed in the public service of Her Majesty
in this Colony, or being a constable or other person employed in the
Police Force, 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, 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.
57. Whosoever, being employed in' the public service of Her Majesty
in this Colony, or being a constable or other person employed in the
Police Force, and intrusted by virtue of such employment with the receipt,
custody, management or control of any chattel, money, or valuable
security,
shall embezzle any chattel, money or valuable security which shall be
Embezzle-
ment by
clerks or
servants.
Larceny by
persons in
the Queen's
service or by
the police.
Embezzle-
ment-by per-
sons in the
Queen's
service or by
the Police.
rorulof
warrant of
commitment
end iufor-
ruutioTt.
lx,dloted for
cu1lrezzlomeTit
><a a clerk,
fit., not to be
acquitted if
the offence
turnout to be
larceny - and,
QRDINAN-.CE No,, 2 of 1865.
Larceny, 4c.
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 sane 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 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 Magistrate before ,',horn 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.
5$F. If upon the trial of any person indicted 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 j ury 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, or in the Police, 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 indicted 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 afore-
said, he shall not by,reason thereof be entitled to be acquitted, but the
jury shall be at liberty to return as their verdict that slch 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 embezzlement, fraudulent applica-
tion or disposition,' or larceny as aforesaid, shall beaiable to be
afterwards-
ORD11V.4NTCE No: 7 oF~ 1865.
Larceny, ~c.
prosecuted for larceny, fraudulent application or disposition, or
embezzle-
ment, upon the same facts.
[See Ordinance No. 3 of 1886 as to embezzlement by partners.]
As to Larceny by Tenants or Lodgers:-
59. Whosoever shall steal any chattel or fixture let to be used by
him or her in or with any house or lodging, whether the contract shall
have been entered into by him or her or by .her husband, or by any person
,on behalf of him or her or her husband, shall be guilty of felony, and
being
convicted thereof shall be liable, at the discretion of the Court, to be
im-
prisoned for any term not exceeding two years, with or without hard
labour, and with or without solitary confinement, and, if a male finder
the
age of sixteen years, with or without whipping ; and in case the value of
such chattel or fixture shall exceed the sum of twenty-five dollars, 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; and in every
case of stealing any chattel in this section mentioned it shall be
lawful.to,
prefer an information in the common form as for larceny, and 'iin everf
case of stealing any fixture 'in this section mentioned to prefer an
infor-
mation in the same form as if the offender were not a tenant or lodger,
aud in either case to lay the.property in the owner or person letting to
hire.
As to Frauds by Agents, Bankea's, or Factors:--
60. Whosoever, having been intrusted, either solely, or jointly with
any other person, as a banker, merchant; broker, attorney, or other anent,
with any money or security for the payment of money, with any direction
in writing to apply, pay, or deliver such money or security or any part
thereof respectively, or the proceeds or any part.of the proceeds of such
security, for any purpose, or to any person specified in such direction,
shall, in violation of good faith, and contrary ,to the terms of snap
direc-
tion, in anywise convert to his own use or benefit, or the use or benefit
of.
any person other than the person by whom he shall have been so intrusted,
such money, security, or proceeds, or any part thereof respectively;-and
whosoever, °having been intrusted, either solely, or jointly with any
other
person, as a banker, merchant, broker, attorney, or other agent, with any
.chattel or valuable security, or any power of attorney ,for the sale or
rreiiant or
lodger stexl-
ina chattel or
fixture let
with boncc or
lodgings.
Agent,bankcr
&c., embez-
zling money
or selling
securities,
&c.. intrasted
to him
or goods, &C.,
intrusted to
him for safe
custody.
ORDINANCE No.,7 OP 118655.
Larceny, 8ie.
Punishment.
Not to afteot
trustees or
mortgagees ;
nor banker,
xc., receiving
money due
nn securities ;
or disposing
of securities
nn which they,
leave a lien.
transfer of any share or interest in any public .stock or fund, whether
of-
the United Kingdom, or any part thereof, or of any Foreign State, or of'.
this Colony, or in any stock or fund of any body corporate, company, or
society, for safe custody, or for any special purpose, without any
authority
to sell, negotiate, transfer, or pledge, shall, in violation of good
faith, and
contrary to the object or purpose for which such chattel, security, or
power
of attorney shall have been intrusted to him, sell, negotiate, transfer,,
pledge, or in any manner convert to his own use or benefit, or the use or'
benefit of any person other than the person by whom he shall have been'
so intrusted, such chattel or security, or the proceeds of the same, or
any
part thereof, or the share or interest in the stock or fund to which-such
power of attorney shall relate, or any part thereof,-shall be guilty of a
misdemeanor, and being convicted thereof shall be liable, at the
discretion
o£ 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; but nothing in this section contained
relating to agents shall affect any trustee in or under any instrument
whatsoever, or any mortgagee of any property,.in respect of any act done
by such trustee or mortgagee in relation to the property comprised in or-
affected by any such trust or mortgage ; nor shall restrain any banker,
merchant, broker, attorney, or other agent from receiving any money'
which shall be or become actually due and payable upon or by virtue----_f_
any valuable security, according to the tenor and effect thereof, in such'
manner as he might have done if this Ordinance had not been passed;
nor for selling, transferring, or otherwise disposing of any securities
or.
effects in his possession upon which he shall ,have any lien, claim, or
demand entitling him by law so to do, unless such sale, transfer, or other
disposal shall extend to a greater number or part of such securities or
effects than shall be requisite for satisfying such lien, claim, or
demand.
sc., 61. Whosoever being a banker, merchant, broker, attorney, or
agent;;
fraudulently
converting and being intrusted, either solely, or jointly with any other
person, with
property
entrusted to the property of any other person for safe custody, shall,
with intent to;
them.
defraud, sell, negotiate, transfer, pledge, or in any manner convert or
appropriate the same or any part thereof to or for his own use or benefit;
or, the use or benefit of any person other than the person by whomr
he was so intrusted, shall be guilty o£ a, misdemeanor, and being
convicted,.
ORDINANCE No. 7 of 1865.
Larceny, arc.
thereof shall be liable, at the discretion of the Court, to any of the
punishments which the Court may award as bereinbefore last mentioned.
62. Whosoever being intrusted, either solely, or jointly with any
other person, with any power of attorney for the sale or transfer of any
property, shall fraudulently sell or transfer or otherwise convert the
same
or any part thereof to his own use or benefit, or the use or benefit of
any
person other than the person by whom he was so intrusted, shall be guilty
of a misdemeanor, and being convicted thereof shall be liable, at the
discretion of the Court, to any of the punishments which the Court may
award as hereinbefore last mentioned.
63. Whosoever, being a factor or agent intrusted, either solely, or
jointly with any other person, for the purpose of sale or otherwise, with
the possession of any goods, or of any document of title to goods, shall,
contrary to or without the authority of his principal in that behalf, for
his own use or benefit, or the use or benefit of any person other than the
person by whom he was so intrusted, and in violation of good faith, make
any consignment, deposit, transfer, or delivery of any goods or document
of title so intrusted to him as in this section before mentiod, as an .1
by
Nvay of a pledge, lien, or Kcurity for any money or valuable security
borrowed or received by such factor or agent at or before the time=o£
making such consignment, deposit, transfer, or delivery, or intended tAe
thereafter borrotved or received, or shall, contrary to or without- such
`hority, for leis own use or benefit, or the use or benefit of any person
-other than the person by whom he was so intrusted, and in violation of
good faith, accept ally advance of any money or valuable security on
the faith of any contract or agreement to .consign, deposit, transfer, or
deliver any such goods or document of title, shall be guilty of a
misdemeanor, and being convicted thereof shall be liable, at the
discretion
of the Court, to any of the punishments which the Court may award as
hereinbefore last mentioned ; and every clerk or other person who shall
knowingly and wilfully act and assist in making any such consignment,
deposit, transfer, or delivery, or in accepting or procuring such advance
as aforesaid, shall be guilty of a misdemeanor, and being convicted
thereof
shall- be liable, at the discretion of the Court, to any of the same
punish-
ments: Provided, that no such factor or agent shall be liable to
any~.liro-
eGUt ion :for consigning, depositing, transferring, or delivering.any such
-goods or documents of title, in .qase the same shall not be made -a
security
-for'.or sul~eet to the payment of any gfeater sum of money than tte
amount
Persons under
powers of
attorney
fraudulently
selling
property.
Factors
obtaining
advances on
the property
of their
principals.
Clerks
wilfully
assisting,
Cases except-
ed where the
pledge does
hot exceed
the mount of
their~,M&n. .-
ORDINANCE. ~No. 7 of -1865.
Larceny, (~c.
which at the tune of such consignment, deposit, transfer or delivery was
justly due and owing to such agent from his principal, together with the
amount of any bill of exchange drawn by or on account of such principal,
and accepted by such factor or agent.
Definition of 64. Any factor or agent intrusted as aforesaid, and
possessed of any
ter'ne' such document of title, whether derived immediately from the owner
of
such goods or obtained by reason of such factor or agent having been
intrusted :' intrusted with the possession of the goods, or of any other
document of
title thereto, shall be deemed to have been intrusted with the possession
of the goods represented by such document of title; and every contract
pledge:' pledging or giving a lien upon such document of title as
aforesaid shall
be deemed to be a pledge of and lien upon the goods to which the same
possessed:y relates; and such factor or agent shall be deemed to be
possessed of such
goods or document, whether the same shall be in his actual custody, or
shall be held by any other person subject to his control, or for him or on
hip behalf; and where any loan or advance shall be bond fide made to any
factor or agent entrusted with and in possession of any such goods or
document o£,title, on the faith of any contract or agreement in writing to
consign, deposit, transfer, or deliver such goods or document of title,
and
such goods or document of title shall actually be received by the person
making such loan or advance, without notice that such factor or agent
was not authorized to make such pledge or security, every such loan or
advance shall be deemed to be a loan or advance on the security of suph
goods or document of title within the meaning of the last preceding
section, though such goods or document of title shall not actually be
received by the person miaking such loan or advance till the period
srzbse-
°°contract quent thereto; and any contract or agreement, whether made
direct with
or agree-
ment '
advance: '
«advancu'
Possession to
be evidence of
inGrusting.
Trustees
fraudulent'y
disposing of
property,
such factor or anent, or with any clerk or other person on his behalf;
shall.be deemed a contract or agreement with such factor or agent; and
any payment made, whether by money or bill of exchange or other
negotiable security, shall be deemed to be an advance within the meaning
of the last preceding section; and a factor or agent in possession as
afore-
said of such goods or document shall be taken, for the purposes of the
last preceding section, to have been- entrusted therewith by the owner
thereof, unless the contrary be shewn in evidence..
65. Whosoever, being a trustee of any property for the use or benefit,
either wholly or partially, of come other person, or for any public or
charitab''e puri;ose, shall, with intent d defraud, convert or appropriate
ORDINANCE 'No. 7' oF' 1865.
Larceny, 4c. '
the same or any part thereof to or for his own use or benefit; or the use
or benefit of any person other than such person as aforesaid, or for any
purpose other than such public or charitable purpose as aforesaid, .or
othervie dispose of or destroy such property or any part thereof, shall
be guilty of a misdemeanor, and being convicted thereof shall be' liable,
at the discretion of the Court, to any of the punishments which the Court
may award as hereinbefore last mentioned: Provided, that no proceeding
or prosecution for any offence included in this section shall be commenced
Nvithout tile sanction of Her Majesty's Attorney General: Provided also,
that where any civil proceeding shall have been taken against any person
to whor.n the provisions of this section may apply, no person who shall
have taken such civil proceeding shall commence any prosecution under
this section without the sanction of the Court or Judbe before whom such
civil proceeding shall have been had or shall be pending.
66. Whosoever, being a director, member, or public officer of any
body corporate or. public company, shall fraudulently take or apply for
his own use or benefit, or for any use or purposes other than the use or
purposes of such body corporate or public company, any of the property
of'suchbody corporate or public company, shall be guilty of a
udsderneanor,
and Un- convicted thereof shall be liable, at the discretion of the
Court, to any of the punishments which the Court may award as herein-
before last mentioned.
6'7. Whosoever, -being; a director, public officer, or manager of any
body corporate or public company, :hall as such receive or possess himself
of.any of the property of such bo ly corporate or public company otherwise
than in paynlent of a just debt or demand, and shall, with intent to
defraud, omit to male or to cans: or direct to be made a.full and true
entry thereof in the bo >ks and accounts of such body corporate or public
company, shall be guilty of a misdemeanor, and being convicted thereof
shall be liable, at the discretion of the Court, to any of the punishments
which the Court may award as hereinbefore last mentioned.
68. Whosoever, being a director, manager, public officer, or member or
wilfully
destroying=
of any body corporate or public company, shall, with intent to defraud,
books, ~o.;
destroy, alter, mutilate, or falsify any book, paper, writing, or,
valuable
security belonging to the body corporate or public company,, or snake or
concur in the making of any false entry, or omit or concur in omittirln
any 'Material particular, in any book of account or other document, shall
No prosecu-
tion shall be
commenced
without the
sanction of the
Attorney
General.
Proviso, Rc.
Directors, &C.,
of any body
corporate or .
public cozh-
puny fraudn
lenfay appro=
printing pro-
perty.
or keeping
fraudulent
accounts;
ORDINANCE No 7 0r 1865.
Larceny,'8fc.
be guilty o£ a misdemeanor, and being convicted thereof shall be liable,
at the discretion of the Court, to any of the punishments which the Court
may award as hereinbe£ore last mentioned.
or publishing 69. Whosoever, being a director, manager, or public officer
o£ any
fraudulent
statements. body corporate or public company, shall make, circulate, or
publish, or
concur in making, circulating, or publishing, any written statement or
account which he shall know to be false in any material particular, with
intent to deceive or defraud any member, shareholder, or creditor of such
body corporate or public company, or with intent to induce any person
to become a shareholder or partner therein, or to intrust or advance any
property to such body corporate or public company, or to enter into any
security for the benefit .thereof, shall be guilty of a misdemeanor, and
being convicted thereof shall be liable, at the discretion of the Court,
to
any of the punishments which the Court may award, as hereinbefore last
mentioned.
No person to 'l0. Nothing in any of the last ten preceding sections- of
this
be exempt
from answer- Ordinance contained shall enable or entitle any person to
refuse to make
iu~.qaesti8ns
,fin ja~ ~ court, a full and complete discovery by answer to any Bill in
Equity, or .to-
but not to be
cable to answer any question or interrogatory in any civil proceeding in
aby-
seoution Yorro' 0 zD
=Isory Court, or upon the bearing of any matter in bankruptcy; and no
person
ure. shall be liable to be convicted of any of the misdemeanors in any of
the
said sections mentioned by any evidence whatever in respect of any act
done by him, if he shall at any time previously to his being charged with
such offence have first disclosed such act on oath or declaration, 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, or if he shall have first disclosed the
sans in any compulsory examination or deposition before any Court upon
the hearing of any matter in bankruptcy.
No remedy at 'I1. Nothing in any of the last eleven preceding sections of
this
Law or in
..Equity $bm Ordinance contained, nor any proceeding, conviction, or
judgment to be
w affected,
had or taken thereon against any person under any of the said sections,
shall prevent, lessen, or impeach any remedy at Law or in Equity which
any .party aggrieved by any offence against any of the said sections might
Convictions have had if this Ordinance had not been passed; but no
conviction .of
shall not be
evidence m any such offender shall be received in evidence in any action
at Law or.
civil suits, suit in Equity against him; and nothing#im the said sections
contained
ORDINANCE No. 7 of 186.5.
Larceny, 8rc.
-shall affect or prejudice any agreement entered into or security given.
by
.any trustee, having for its object the, restoration or repayment of any
trust property misappropriated.
As to obtaining Money, (~c., by False Pretences.
72. Whosoever shall by any false pretence obtain from any other raise pre-
person any chattel, money, or valuable security, with intent to defraud,
tences.
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 bard labour, and with or without solitary
confinement: Provided, that if upon the trial of any person indicted for
such misdemeanor it shall be proved that he obtained 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 of such misdemeanor; and
no person tried for such misdemeanor sl3all be liable to be afterwards
prosecuted for larceny upon the same facts: Provided also, that it shall
be sufficient in any information for obtaining or attempting to obtain any
-such property by false pretences 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 chatteh, .
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.
'l3. 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 any other 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.
'l4. 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 destroy the whole or any part of
any vahuable 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
:teal- of any body corporate; company, or society, upon any paper or,
No acquittal
because the
offence
amounts t r.
larceny.
Form of inTor-
mation anti
evidence..
Where any
money or
thing is
caused to be .
paid or deli-
vered, &c., to
any person
other than the
person mak-
ing the false
pretence.
Inducing,
persons by
fraud to
execute deed,
and other
instruments.
Receiving
whore. the
principal is
i;uilty of
fcr.ony.
Information
for stealing
at,areceivina,
separate
r9eeiaer9 mad
be included
in. the same
information
in the absenQo
of the princi-
OTI,DI\TA.NCE No' .'7 oi~ 1865.
Larceny, ~c.
parchment, in order that the same pray be afterwards made or converted
into or used or dealt' with as a valuable security, shall be riuilty.of a
misdemeanor, and being convicted thereof shall be liable, at the
discretion
of tile Court, to be kept in penal. servitude far 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.
As to receiving Stolen Goods :-
75, v'hosoever. 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 Ordinance, 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, ii 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 salve offence.
76. If any 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 tile 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 guy part or parts thereof knowing the same to have been
stolen.
77. Whenever any property whatsoever shall have been stolen,
taken, extorted, obtained, embezzled, or otherwise disposed of in such a
maisner as to amount to a felony, either at Common Law or by virtue of
this Ordinance; guy number of receivers at different times of such
property,
or: of any part or par is thereof, may be charred with substantive
felonies;
.ORDINANCE No. 7 of 1865.
Larceny, 4c.
in the- same information, and 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.
78. If upon the trial of any two or more persons indicted for jointly
Persons
indicted for
receiving any property it shall be proved that one or more of such
Jointly receiv-
ing may be
persons separately received any part or parts of such property, it shall
convicted of
separately
be lawful for the jury to convict, upon such information such of the said
receiving,
persons as shall be proved to have received any part or parts of such
property.
'J9. Whosoever shall receive any chattel, money, valuable security,
-or other property whatsoever, the stealing, taking, obtaining,
converting,
or disposing whereof is made a misdemeanor by this Ordinance, knowing
the same to have been unlawfully stolen, taken, obtained, converted, or
disposed 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 con-
victed 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 confine-
ment, and, if a male under the age of sixteen years, with or without
80. Where the stealing or taking of any property whatsoever is by
this Ordinance 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 be unlawfully come by, shall on conviction thereof before a Police
Magistrate 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 pro-
perty is by this Ordinance made liable.
81. In case of every felony punishable under this Ordinance 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 Ordinance punishable;-and every accessory after the fact to
.4ny felony punishable under this Ordinance (except only a receiver of
Receiving
where the
principal has
been guilty of
a misde-
meanor.
Receivers or.
property
where the
principal is
punishable on
summary
conviction.
Punishment
of principals
in the second
degree and
accessories.
[See Ord. No.
9 of 1875
~.
12.1
.-ORDINANCE No. 7.oF 1865.
Larceny, ~c.
stolen property) shall, on conviction, be liable, at the discretion of the
'Court, to be imprisoned for any term not exceeding two years, with
Abettors in or without hard labour, and with or without solitary
confinement ;-and
misde-
meanorh, every person who shall aid, abet, counsel, or procure the
commission of'
any misdemeanor punishable under this Ordinance shall be liable to be
indicted and punished as a principal- offender.
Abettora in- $2, Whosoever shall aid, abet, counsel, or procure the
commission
offences
punishable on of any offence which is by this Ordinance punishable on
summary cort--
nuznmary
aonviotion. viction, either for every time of its commission, or for the
first anal
[See Ord. wn. second time only, or for the first tirne only, shall; on
conviction before 'i%
fl of 1875 a.
X2:] Police Magistrate, be liable, for every first, second, or subsequent
offence of aiding, abettinng, counselling, or procurinb, to the same for-
feiture and punishment to which a person guilty of a first, second, or,
subsequent offence as a principal offender is by this Ordinance made
liable.
As to Restitution and Recovery of stolen Property --
The owner of $3. If any person guilty of any such felony or misdemeanor as
.is,
stolen pro.
perty prose- mentioned in this Ordinance, in stealing; taking, obtaining,
extorting,.
uuting thief
or receiver to embezzling, converting, or disposing of, or in knowingly
receiving, any -
Conviction
,;hall have chattel> money> valuable security> or other property
whatsoever> shall
restitution tyf
Ills propertbe indicted for such offence, by or on . the behalf of the
owner of the
~&a o>q. Nn, property, or his executor or administrator, and convicted
thereof, in
12fzsy5 x. , such case the property shall be restored to the owner or his
representa-
tive; 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
Provision as power to order the restitution thereof in a summary manner:
Provided,
a
to valuable,
that if it shall appear before any award or order made that any valualjle-
able secu-
aaiefi. security shall have been bona fide paid or discharged by some
person -or
body corporate liable to the payment thereof, or being a negotiable.
instrument shall have been bond 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
:._
Nut to apply --Provided also, that nothing in this section contained
shall apply to=,the-
to prosecution .
of trnstees,ke, .-case o£ anv.prosecution of any trustee, banker,
merchant, attorney, ..fact©r,_.
ORDINANCE No. 7 of 1865.
Larceny, dfe.
broker, or other agent intrusted with the possession of goods or docu-
ment of title to goods for any misdemeanor against this Ordinance:
84. 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 Ordi-
nance 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 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.
85, Whosoever shall publicly advertise a reward fur the return of
any property whatsoever which shall have been stolen or lost, and shall
in such advertisement use any words purporting that no questions will
be asked, or shall make 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 inqui
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 tvvo.hundred and
fifty dollars 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.
As to Apprehension of Offenders, and other P'roceedi?aqs:-
86. Any person found committing any offence punishable; either
upon information or upon summary conviction, by virtue of this
Ordinance, may be immediately apprehended without a warrant by any
person, and forthwith taken, tonether with such property, if anyy,
before a Police Magistrate, to be dealt with according to Law; 'any -if
any credible witness shall prove upon oath or declaration before a.
Taking a
reward for
helping to the
recovery of
stolen pro-
perty without
bringing the
offender to
trial.
Advertising a
rewarV for
the return of
stolen pro-
perty.
A person
committing
an offence
may be-appre-
hended with=
out warrant.
[ ewe O7 Na.
9 of 1875 -s..
ORDINANCE No. 7 oli 186:
Larceny, 8fc
Police Magistrate 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 by virtue of this Ordinance, shall have been
committed, the.Magistrate 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 lie shall have
reason-
able cause to suspect that any such offence has been committed on or with
respect to such property, is hereby authorised, and, if in leis power, is
required to apprehend and forthwith to take before a Police Magistrate:=v
the party offering the same, together with such property, to be dealt
with according to lave.
I'crson loiter.
ing at night
and suspected
of any felony
may be appre
headed.
Mode of com-
pelling the
appearance of
persons
punishable on
summary
conviction.
~Stse Ord. llro.
of 1 &y5 a.
12.1
w 87. Any constable or peace officer may take into custody, without-.
a. warrant, any person whom be shall find lying or loitering in any
highway, yard, or other place, during the night, and whom he shall have
hood cause to suspect of having committed, or being about to commit,
any felony in this Ordinance mentioned, and shall take such person, as
soon as reasonabl.Vmay be, before a Police Magistrate, to be dealt with
according to law.
88. Where any person shall be charged on the oath or declaration
of a credible witness before a Police Magistrate with any offence
punishable
on summary conviction under this Ordinance, the Magistrate may summon
the person charged to appear at a time and place to be named in such
summons, and if ale 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
Magistrate may either proceed to hear and determine the case ex carte, or
issue his warrant for apprehending such person, and bringing him before
himself or some other Magistrate ; or the Magistrate 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 Magistrate before whom the person charged shall appear or be
brought shall proceed to hear and determine the case.
89. Every sum of Tnoney which shall be forfeited on any sumlnary
Application
of forfeiturce
and penalties,: convictrbn for the value of any property stolen or taken,
or for the amount,
on summary
0anaietions. of any -injury done (such value or amount to be assessed in
each ease bv-
tlae convicting Manistrat-.,) ,;hall be, paid to the har&3? aggrieved,
exec' t
ORDINANCE. No. 7 of 1865:
Larceny, ~-c.
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 Police Magistrate, whether in addition to such value or
amount or otherwise, shall be paid to Her Alajesty for the use of the
Colony and in support of the Government thereof : 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, in every such
case no further sum shall be paid to the party aggrieved than such value
xIor amount; and the remaining sum or sums forfeited shall be applied
in the same manner as any penalty imposed by a Police Magistrate is
bereinbefore directed to be applied.
90. In every case of a summary conviction under this Ordinance,
where the sum which shall be forfeited for the value of the property
stolen
or taken, or for the amount of the injury done, or which shall be imposed
as a penalty by the Police Magistrate, shall not be paid, either
immediately after tl~e conviction, or within such period as the Magistrate
shall at the time of the conviction appoint, the convicting Magistrate
(unless where otherwise specially directed) may- commit the- offender to
the common gaol, there to be imprisoned only, or to be imprisoned and
kept to hard labour, according to the discretion of the Magistrate, 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 twenty-five dollars, and for any term not
exceeding four months where the amount, with costs, shall not exceed
fifty dollars, and for any term not exceeding six months irl. any other
case ; the commitment to be determinable in cacti of the cases aforesaid
upon payment of the amount and costs.
91. Where any person shall be summarily convicted before a Police
Magistrate of any offence against this Ordinance, and it shall be a first
conviction, the Magistrate 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 said Magistrate.
92. In case any person convicted. of any offence punishable upon
summary, conviction by virtue of this Ordinance shall have, paid the sum,
adjudged to be paid,,together with costs, under such conviction, or shall.
Proviso where
several
persons join
in commission
of same
offence.
If, a person
summarily
convicted
shall not pay,
fic., the Ma-
gistrate may
commit him.
[Sec Ord.
llra. 9 4!f 1875
8r. 12.]
Magistrate-.
may discharge
the offender
in certain
cases.
[See ib&.]
A summary.
conviction
shall be a -bar,
to any other
proceeding -
ORDINANCE-No. 7 0p 1865:
Larceny, ~c.
for the same (have received a remission thereof from the-Crown, or from
the Governor;
cause.
[&,e ibid.] or shall have suffered the imprisonment awarded for
non-payment thereof;
'or the ienprisonrnent adjudged in the first instance, or shall have been
so
discharged from his conviction by any '.Magistrate as aforesaid, in every
such. case he shall be released from all further or other proceeding for
the
same cause.
General issue,
Form of
information
for a
subsequent
offence and
proceedings
thereon.
[1Sce ibad,.]
Notice of , 9$, All actions and prosecutions to he commenced against any
:action.
[see ibid.] person for anything done in pursuance of this Ordinance shall
be
commenced within six months after the fact committed, and not otherwise ;
and notice in writing of such action and of the cause thereof shall be'
given to the defendant one month at least before the commencement of
the action ; and in any such action the defendant may plead the general
issue, and give this Ordinance and the special matter in evidence, at any
trial to be had thereupon ; and no: -plaintiff shall recover iii any such
action if tender of sufficient amends shall have been made before such
action brought, or if a sufficient sum of money shall have been paid into
_
Court after such action brought, by or on behalf of the defendant; and
of a verdicts shall-`pass for the defendant, or, the plaintiff shall
become-
nonsuit, or discontinue any such action after issue joined, or if upon
demurrer or otherwise, judgment shall be given against the. plaintiff, the
defendant shall recover-his full costs as between attorney and client, and
have the like remedy for the same as any defendant has by law in other
cases; and though a verdict shall be given for the plaintiff in any such
action, such plaintiff shall not have costs against the defendant unless
the Judge before whom the trial shall be shall certify his approbation of
the action.
I As to other Jlfatters:-
94. In any information for any offence punishable under this
Ordinance, and committed after a previous conviction or convictions for
any felony, misdemeanor, or offence or offences punishable upon summary
conviction, it shall be sufficient, after charging the subsequent
offence, to
state that the offender was at a certain tune and place, or at certain
times
and places convicted of felony, or of an indictable misdemeanor, or of
an offence or offences punishable upon summary conviction, (as the case
rnay be,) without otherwise describing the previous felony, misdemeanor,
offence or offences ; and a certificate containing the substance and
effect
only= (omitting the £orffial part) of the indictment~or information aucb
ORDINANCE No. 7 of 1565.
Larceny, 8;e.
conviction for the previous felony or misdemeanor; or a copy of any such
summary conviction, purporting to be signed by the clerk of the Court
or other officer having the custody of the records of the Court where
the offender was first convicted, or by the deputy of such clerk or
officer, shall, upon proof of the identity of the person of the offender,
be sufficient evidence of such conviction, without proof of the signature
or official character of the person appearing to have signed the same ;
and the proceedings upon any information for committing any offence
after a previous conviction or convictions shall be as follows ; (that
is to say,) the offender shall, in the first instance, be arraigned upon
so
much only of the information as charges the subsequent offence, and if he
plead not guilty, or if the Court order a plea of not guilty to be entered
on his behalf, the jury sba ll be charged, in the first instance, to
inquire
concerning such subsequent offence only ; and if they find him guilty, or
if on arraignment lie plead guilty, lie shall then, and not before, be
asked
whether he had been previously convicted as alleged in the information,
and
if he answer that he had been so previously convicted the Court may
proceed to sentence him accordingly, but if he deny that he had been so
previously convicted, or staid mute of malice, or will not answer directly
to such question, the jury shall then be charged to inquire concerning
Such previous conviction or convictions, and in such- case it shall not be
necessary to swear the jury again, but the oath altehdy taken by them
shall for all purposes be deemed to extend to such last-mentioned inquiry
Provided, that if upon the trial of any person for any such subsequent
offence such person shall give evidence of his good character, it shall be
lawful for the Attorney General, in answer thereto, to give evidence of
the conviction of such person fbr the previous offence or offences before
such verdict of guilty shall be returned, and the jury shall inquire
concerning such previous conviction or convictions at the same time- that
they inquire concerning such subsequent offence.
95. Whenever imprisonment, with or without bard labour, may be H;L,d
lavonr.
awarded for any indictable offence under this 0 rdinance, the Court may
sentence the offender to be imprisoned, or to be imprisoned and kept to
hard labour, and in either case the sentence shall be carried out in
accordance with the provisions of Ordinance No. 4 of 1863, .section 15.
PNo. 18 of 18-85 ' as amended by that Ordinance.
- 96. Whenever solitary confinement may be awarded for any
indictable offence under this Ordinance, the Count may direct the
offender.
Solitary
confinement
andwhipping.
[Sce ibid.]
Fine and
sureties for
keeping the
peace, in what
cases.
(see ibirl.]
h <i summary
conviction
'4r warrant to
be quashedfor
want of form.
[ Sre Mid,]
Procedure in
gases of
summary
con viction.
blagistrates'
jurisdz`Ction
saved.
(* Repealed
by Ord. No.
16 of 1818.]
©RDIN4NTCE . No. 7 of '1865:
Larceny, 6c.
to be kept in solitary confinement for any portion or portions of his
imprisonment, or of his imprisonment with hard labour, not exceeding
one month at any one time, and not exceeding three months in any one
year; and whenever whipping may be awarded for any indictable offence
under this Ordinance, the Court may sentence the offender to be o;tjce
privately whipped, and the number of strokes [' zc-hicla shall in no case
exceiforty' as amended by Ordinance No. 1 of 1866 and the il)strum.eDt
with
which they shall be inflicted shall be specified by the Court in the
sentence,
97. Whenever any person shall be convicted of any indictable
misdemeanor punishable under this Ordinance, the Court may, if it shall
think fit, in addition to or in lieu of any of the punishments by this.
Ordinance authorized, line the offender, and require him to enter into his
own recognizances and to fine sureties, both or either, for keeping the
peace and being of good behaviour; and in case of any felony punishable
under this Ordinance the Court may, if it shall think fit, require the
offender to enter into his own recognizances, and to fine sureties, both
or
either, for keeping the peace, in addition to any punishment by this.
Ordinance authorized: Provided that no person shall be imprisoned under'
this clause for not finding sureties for any period exceeding one year.
98. No summary conviction under this Ordinance stall be quashed
for want of form, or be removed by certiorari; and no warrant of com-
mitment shall be held void by reason of any defect therein, provided it
be therein alleged that the party has been convicted, ,a.nd there be a
good
and valid conviction to sustain the same.
99, Every offence under this Ordinance made punishable on
summary conviction by a Police Magistrate, shall be prosecuted, tried, and
determined in the manner directed by Ordinance No 10 of 184 ; and.'
every such Police Magistrate shall have, and is hereby invested with full
jurisdiction, power, and authority, to deal with, enquire of, try, deter-
mine, and punish, every offence under this Ordinance made punishable on
summary conviction by a Police Magistrate.
100. Nothing in this Ordinance contained shall prejudice, abridger,
diminish, or affect the powers and jurisdiction conferred upon. the
Magistrates by Ordinance No. 1 of 1563, * but all such powers and juris--
diction shall remain as ood, ample, and effectual to all intents and-
Z5
purposes as if this Ordinance had not been passed.
Larceny, & c.
No. 7 of 1865.
101. This Ordinance shall commence and take effect on the
fourteenth day of June, in the year one thousand eight hundred and
-sixty-five.
801
Title.
[See 24 & 25 V. c. 96.]
Preamble.
[See amending Ords. No. 3 of 1886 and No. 7 of 1890.]
802
Interpretation of terms: 'Document of Tilte to Goods:'
'Trustee:'
'Valuable Security:'
'Property:'
803
'Night:'
All lacenies to be of the same nature.
Bailees fraudulently converting property guilty of larceny.
Punishment for sample larceny.
Larceny after a coviction for felony.
Larceny after conviction of an indictable
804
misdemeanor under this Ordinance.
Larceny after two summary convictions.
Stealing horses, cows, sheep, &c.
Stealing goats and pigs.
805
Killing animals with intent to steal the carease, &c.
Dog stealing
Subsequent offence.
Possession of stolen dogs.
Taking money to restore dogs.
Stealing beasts or birds.
806
ordinarily kept in confinement.
Subsequent offence.
Persons found in possession of stolen beasts, &c., liable to penalties.
Killing pigeons.
Stealing or destroying valuable securities.
807
Documents of title to lands.
Wills or codicils.
Other remedies not to be affected.
808
Stealing records or other legal documents.
Form of information.
Metal, glass, wood &c., fixed to house or land.
809
Stealing trees, &c., in pleasure grounds to the value of $5, and elsewhere to the value of $25.
Stealing trees, &c., wheresoever growing to the amount of 24 cents.
Second offence.
Third offence.
810
Stealing, &c., any live or dead fence, &c.
Suspected persons in posoession of wood, &c., not satisfactorily accounting for it.
Stealing fruit or vegetable production in a garden.
Subsequent offence.
811
Stealing vegetable productions not growing in gardens.
Robbery or stealing from the person.
[See Ords. No. 16 of 1887 and No. 23 of 1887.]
On trial for robbery, jury may convict of an assault with intent to rob.
812
Assault with intent to rob.
Robbery or assault by a person armed, or by two or more, or robbery and wounding.
[See Ordces. No. 12 of 1865 & 3 of 1881.]
Letter demanding money with menances.
[See Ord. No. 16 of 1887.]
Demanding money, &c., with menaces, or by Force with intent to steal.
[See Ord. No. 16 of 1887.]
813
Letter threatening to accuse of crime, with intent to extort.
[See Ord. No. 16 of 1887.]
'Infamous crime' defined.
Accusing or threatening to accuse, with intent to extort.
[See Ord. No. 16 of 1877.]
Inducing a person by violence or
814
threats to execute deeds, &c., with intent to defraud.
[See Ord. No. 16 of 1887.]
Immaterial from whom menaces proceed.
Breaking and entering a church or chapel and committing any felony.
Burglary by breaking out.
Burglary.
815
What building within the curtilage shall be deemed part of the dwelling house.
Entering a dwelling house in the night with intent to commit any felony.
Breaking into any building within the curtilage, &c., not being part of the dwelling house, and committing any felony.
Breaking into any house, store, &c., and committing any felony.
816
Housebreaking, &c., with intent to commit any felony.
Being armed with intent to break and enter any house, &c., in the night.
The like, after a previous conviction.
Stealing in a dwelling house to the value of $25.
817
Stealing in a dwelling house with menaces.
Stealing from ships wharves, &c.
Stealing from ships in distress or wrecked.
Persons in possession of ship wrecked
818
goods not giving a satisfactory account.
If any person offer ship wrecked goods for sale, the goods may be seized.
[See Ord. No. 7 of 1890.]
Larceny by clerks or servants.
819
Embezzlement by clerks or servants.
Larceny by persons in the Queen's service or by the Police.
Embezzlement by persons in the Queen's service or by the Police.
820
Form of warrant of commitment and information.
Person indicted for embezzlement as a clerk, &c., not to be acquitted if the offence turn out to be larceny; and vice versa.
821
Tenant or lodger stealing chattel or fixture let with house or lodgings.
Agent, banker &c., embezzling money or selling securities, &c., instrusted to him
or goods, &c., instrusted to him for safe custody.
822
Punishment.
Not to affect trustees or mortgagees;
nor bankers, &c., receiving money due on securities;
or disposing of securities on which they have a lien.
Bankers, &c., frudulently converting property entrusted to them.
823
Persons under powers of attorney fraudulently selling property.
Factors obtaining advances on the property of thier principals.
Clerks wilfully assisting.
Cases excepted where the pledge dose not exceed the amount of thier lien.
824
Definition of terms:
'intrusted:'
'pledge:'
'possessed:'
'advance:'
'contract or agreement.'
'advance.'
Possession to be evidence of intrusting.
Trustees fraudulently disposing of property.
825
No prosecution shall be commenced without the sanction of the Attorney General.
Proviso, &c.
Directors, &c., of any body corporate or public company fraudulently appropriating property.
or keeping fraudulent accounts;
or wilfully destroying books, &c.;
826
or publishing fraudulent statements.
No person to be exempt from answering questions in any Court, but not to be liable to prosecution for compulsory disclosure.
No remedy at Law or in Equity shall be affected.
Convictions shall not be evidence in civil suits.
827
Fakse protences.
No acquittal because the offence amounts to larceny.
Form of information and evidence.
Where any money or thing is caused to be paid or delivered, &c., to any person other than the person making the false pretence.
Inducing persons by fraud to execute deeds and other instruments.
828
Receiving where the principal is guilty of felony.
Information for sealing and receiving.
Separate receivers may be included in the same information in the absence of the principal.
829
Persons indicted for jointly receiving may be convicted of separately receiving.
Receiving where the principal has been guilty of a misdemeanor.
Receivers of property where the principal is punishable on summary conviction.
Punishment of principals in the second degree and accessories.
[See Ord. No. 9 of 1875 s. 12.]
830
Abettors in misdemeanors.
Abettors in offences punishable on summary conviction.
[See Ord. No. 9 of 1875 s. 12.]
The owner of stolen property prosecuting thief or receiver to conviction shall have restitution of his property.
[See Ord. No. 9 of 1875 s. 12.]
Provision as to valuable and negotiable securities.
Not to apply to prosecution of trustees, &c.
831
Taking a reward for helping to the recovery of stolen property without bringing the offender to trial.
Advertising a reward for the return of stolen property.
A perosn committing an offence may be apprehended without warrant.
[See Ord. No. 9 of 1875 s. 12.]
832
Person loitering at night and suspended of any felony may be apprehended.
Mode of compelling the appearance of perosons punishable on summary conviction.
[See Ord. No. 9 of 1875 s. 12.]
Application of forfeitures and penalties on summary convictions.
833
Proviso where seversal persons join in commission of same offence.
If a person summarily convicted shall not pay, &c., the Magistrate may commit him.
[See Ord. No. 9 of 1875 s. 12.]
Magistrate may discharge the offender in certain cases.
[See ibid.]
A summary conviction shall be a bar to any other proceeding.
824
for the same cause.
[See ibid.]
Notice of action.
[See ibid.]
General issue, &c.
Form of information for a subsequent offence and proceedings thereon.
[See ibid.]
835
Hard labour
[See ibid.]
Solitary confinement and whipping.
[See ibid.]
Fine and sureties for keeping the peace, in what cases.
[See ibid.]
No summary conviction or warrant to be quashed for want of form.
[See ibid.]
Procedure in cases of summary conviction.
[See ibid.]
Magistrates' jurisdiction saved.
[* Repealed by Ord. No. 16 of 1878.]
837
Commencement of Ordinance.
Abstract
801
Title.
[See 24 & 25 V. c. 96.]
Preamble.
[See amending Ords. No. 3 of 1886 and No. 7 of 1890.]
802
Interpretation of terms: 'Document of Tilte to Goods:'
'Trustee:'
'Valuable Security:'
'Property:'
803
'Night:'
All lacenies to be of the same nature.
Bailees fraudulently converting property guilty of larceny.
Punishment for sample larceny.
Larceny after a coviction for felony.
Larceny after conviction of an indictable
804
misdemeanor under this Ordinance.
Larceny after two summary convictions.
Stealing horses, cows, sheep, &c.
Stealing goats and pigs.
805
Killing animals with intent to steal the carease, &c.
Dog stealing
Subsequent offence.
Possession of stolen dogs.
Taking money to restore dogs.
Stealing beasts or birds.
806
ordinarily kept in confinement.
Subsequent offence.
Persons found in possession of stolen beasts, &c., liable to penalties.
Killing pigeons.
Stealing or destroying valuable securities.
807
Documents of title to lands.
Wills or codicils.
Other remedies not to be affected.
808
Stealing records or other legal documents.
Form of information.
Metal, glass, wood &c., fixed to house or land.
809
Stealing trees, &c., in pleasure grounds to the value of $5, and elsewhere to the value of $25.
Stealing trees, &c., wheresoever growing to the amount of 24 cents.
Second offence.
Third offence.
810
Stealing, &c., any live or dead fence, &c.
Suspected persons in posoession of wood, &c., not satisfactorily accounting for it.
Stealing fruit or vegetable production in a garden.
Subsequent offence.
811
Stealing vegetable productions not growing in gardens.
Robbery or stealing from the person.
[See Ords. No. 16 of 1887 and No. 23 of 1887.]
On trial for robbery, jury may convict of an assault with intent to rob.
812
Assault with intent to rob.
Robbery or assault by a person armed, or by two or more, or robbery and wounding.
[See Ordces. No. 12 of 1865 & 3 of 1881.]
Letter demanding money with menances.
[See Ord. No. 16 of 1887.]
Demanding money, &c., with menaces, or by Force with intent to steal.
[See Ord. No. 16 of 1887.]
813
Letter threatening to accuse of crime, with intent to extort.
[See Ord. No. 16 of 1887.]
'Infamous crime' defined.
Accusing or threatening to accuse, with intent to extort.
[See Ord. No. 16 of 1877.]
Inducing a person by violence or
814
threats to execute deeds, &c., with intent to defraud.
[See Ord. No. 16 of 1887.]
Immaterial from whom menaces proceed.
Breaking and entering a church or chapel and committing any felony.
Burglary by breaking out.
Burglary.
815
What building within the curtilage shall be deemed part of the dwelling house.
Entering a dwelling house in the night with intent to commit any felony.
Breaking into any building within the curtilage, &c., not being part of the dwelling house, and committing any felony.
Breaking into any house, store, &c., and committing any felony.
816
Housebreaking, &c., with intent to commit any felony.
Being armed with intent to break and enter any house, &c., in the night.
The like, after a previous conviction.
Stealing in a dwelling house to the value of $25.
817
Stealing in a dwelling house with menaces.
Stealing from ships wharves, &c.
Stealing from ships in distress or wrecked.
Persons in possession of ship wrecked
818
goods not giving a satisfactory account.
If any person offer ship wrecked goods for sale, the goods may be seized.
[See Ord. No. 7 of 1890.]
Larceny by clerks or servants.
819
Embezzlement by clerks or servants.
Larceny by persons in the Queen's service or by the Police.
Embezzlement by persons in the Queen's service or by the Police.
820
Form of warrant of commitment and information.
Person indicted for embezzlement as a clerk, &c., not to be acquitted if the offence turn out to be larceny; and vice versa.
821
Tenant or lodger stealing chattel or fixture let with house or lodgings.
Agent, banker &c., embezzling money or selling securities, &c., instrusted to him
or goods, &c., instrusted to him for safe custody.
822
Punishment.
Not to affect trustees or mortgagees;
nor bankers, &c., receiving money due on securities;
or disposing of securities on which they have a lien.
Bankers, &c., frudulently converting property entrusted to them.
823
Persons under powers of attorney fraudulently selling property.
Factors obtaining advances on the property of thier principals.
Clerks wilfully assisting.
Cases excepted where the pledge dose not exceed the amount of thier lien.
824
Definition of terms:
'intrusted:'
'pledge:'
'possessed:'
'advance:'
'contract or agreement.'
'advance.'
Possession to be evidence of intrusting.
Trustees fraudulently disposing of property.
825
No prosecution shall be commenced without the sanction of the Attorney General.
Proviso, &c.
Directors, &c., of any body corporate or public company fraudulently appropriating property.
or keeping fraudulent accounts;
or wilfully destroying books, &c.;
826
or publishing fraudulent statements.
No person to be exempt from answering questions in any Court, but not to be liable to prosecution for compulsory disclosure.
No remedy at Law or in Equity shall be affected.
Convictions shall not be evidence in civil suits.
827
Fakse protences.
No acquittal because the offence amounts to larceny.
Form of information and evidence.
Where any money or thing is caused to be paid or delivered, &c., to any person other than the person making the false pretence.
Inducing persons by fraud to execute deeds and other instruments.
828
Receiving where the principal is guilty of felony.
Information for sealing and receiving.
Separate receivers may be included in the same information in the absence of the principal.
829
Persons indicted for jointly receiving may be convicted of separately receiving.
Receiving where the principal has been guilty of a misdemeanor.
Receivers of property where the principal is punishable on summary conviction.
Punishment of principals in the second degree and accessories.
[See Ord. No. 9 of 1875 s. 12.]
830
Abettors in misdemeanors.
Abettors in offences punishable on summary conviction.
[See Ord. No. 9 of 1875 s. 12.]
The owner of stolen property prosecuting thief or receiver to conviction shall have restitution of his property.
[See Ord. No. 9 of 1875 s. 12.]
Provision as to valuable and negotiable securities.
Not to apply to prosecution of trustees, &c.
831
Taking a reward for helping to the recovery of stolen property without bringing the offender to trial.
Advertising a reward for the return of stolen property.
A perosn committing an offence may be apprehended without warrant.
[See Ord. No. 9 of 1875 s. 12.]
832
Person loitering at night and suspended of any felony may be apprehended.
Mode of compelling the appearance of perosons punishable on summary conviction.
[See Ord. No. 9 of 1875 s. 12.]
Application of forfeitures and penalties on summary convictions.
833
Proviso where seversal persons join in commission of same offence.
If a person summarily convicted shall not pay, &c., the Magistrate may commit him.
[See Ord. No. 9 of 1875 s. 12.]
Magistrate may discharge the offender in certain cases.
[See ibid.]
A summary conviction shall be a bar to any other proceeding.
824
for the same cause.
[See ibid.]
Notice of action.
[See ibid.]
General issue, &c.
Form of information for a subsequent offence and proceedings thereon.
[See ibid.]
835
Hard labour
[See ibid.]
Solitary confinement and whipping.
[See ibid.]
Fine and sureties for keeping the peace, in what cases.
[See ibid.]
No summary conviction or warrant to be quashed for want of form.
[See ibid.]
Procedure in cases of summary conviction.
[See ibid.]
Magistrates' jurisdiction saved.
[* Repealed by Ord. No. 16 of 1878.]
837
Commencement of Ordinance.
Title.
[See 24 & 25 V. c. 96.]
Preamble.
[See amending Ords. No. 3 of 1886 and No. 7 of 1890.]
802
Interpretation of terms: 'Document of Tilte to Goods:'
'Trustee:'
'Valuable Security:'
'Property:'
803
'Night:'
All lacenies to be of the same nature.
Bailees fraudulently converting property guilty of larceny.
Punishment for sample larceny.
Larceny after a coviction for felony.
Larceny after conviction of an indictable
804
misdemeanor under this Ordinance.
Larceny after two summary convictions.
Stealing horses, cows, sheep, &c.
Stealing goats and pigs.
805
Killing animals with intent to steal the carease, &c.
Dog stealing
Subsequent offence.
Possession of stolen dogs.
Taking money to restore dogs.
Stealing beasts or birds.
806
ordinarily kept in confinement.
Subsequent offence.
Persons found in possession of stolen beasts, &c., liable to penalties.
Killing pigeons.
Stealing or destroying valuable securities.
807
Documents of title to lands.
Wills or codicils.
Other remedies not to be affected.
808
Stealing records or other legal documents.
Form of information.
Metal, glass, wood &c., fixed to house or land.
809
Stealing trees, &c., in pleasure grounds to the value of $5, and elsewhere to the value of $25.
Stealing trees, &c., wheresoever growing to the amount of 24 cents.
Second offence.
Third offence.
810
Stealing, &c., any live or dead fence, &c.
Suspected persons in posoession of wood, &c., not satisfactorily accounting for it.
Stealing fruit or vegetable production in a garden.
Subsequent offence.
811
Stealing vegetable productions not growing in gardens.
Robbery or stealing from the person.
[See Ords. No. 16 of 1887 and No. 23 of 1887.]
On trial for robbery, jury may convict of an assault with intent to rob.
812
Assault with intent to rob.
Robbery or assault by a person armed, or by two or more, or robbery and wounding.
[See Ordces. No. 12 of 1865 & 3 of 1881.]
Letter demanding money with menances.
[See Ord. No. 16 of 1887.]
Demanding money, &c., with menaces, or by Force with intent to steal.
[See Ord. No. 16 of 1887.]
813
Letter threatening to accuse of crime, with intent to extort.
[See Ord. No. 16 of 1887.]
'Infamous crime' defined.
Accusing or threatening to accuse, with intent to extort.
[See Ord. No. 16 of 1877.]
Inducing a person by violence or
814
threats to execute deeds, &c., with intent to defraud.
[See Ord. No. 16 of 1887.]
Immaterial from whom menaces proceed.
Breaking and entering a church or chapel and committing any felony.
Burglary by breaking out.
Burglary.
815
What building within the curtilage shall be deemed part of the dwelling house.
Entering a dwelling house in the night with intent to commit any felony.
Breaking into any building within the curtilage, &c., not being part of the dwelling house, and committing any felony.
Breaking into any house, store, &c., and committing any felony.
816
Housebreaking, &c., with intent to commit any felony.
Being armed with intent to break and enter any house, &c., in the night.
The like, after a previous conviction.
Stealing in a dwelling house to the value of $25.
817
Stealing in a dwelling house with menaces.
Stealing from ships wharves, &c.
Stealing from ships in distress or wrecked.
Persons in possession of ship wrecked
818
goods not giving a satisfactory account.
If any person offer ship wrecked goods for sale, the goods may be seized.
[See Ord. No. 7 of 1890.]
Larceny by clerks or servants.
819
Embezzlement by clerks or servants.
Larceny by persons in the Queen's service or by the Police.
Embezzlement by persons in the Queen's service or by the Police.
820
Form of warrant of commitment and information.
Person indicted for embezzlement as a clerk, &c., not to be acquitted if the offence turn out to be larceny; and vice versa.
821
Tenant or lodger stealing chattel or fixture let with house or lodgings.
Agent, banker &c., embezzling money or selling securities, &c., instrusted to him
or goods, &c., instrusted to him for safe custody.
822
Punishment.
Not to affect trustees or mortgagees;
nor bankers, &c., receiving money due on securities;
or disposing of securities on which they have a lien.
Bankers, &c., frudulently converting property entrusted to them.
823
Persons under powers of attorney fraudulently selling property.
Factors obtaining advances on the property of thier principals.
Clerks wilfully assisting.
Cases excepted where the pledge dose not exceed the amount of thier lien.
824
Definition of terms:
'intrusted:'
'pledge:'
'possessed:'
'advance:'
'contract or agreement.'
'advance.'
Possession to be evidence of intrusting.
Trustees fraudulently disposing of property.
825
No prosecution shall be commenced without the sanction of the Attorney General.
Proviso, &c.
Directors, &c., of any body corporate or public company fraudulently appropriating property.
or keeping fraudulent accounts;
or wilfully destroying books, &c.;
826
or publishing fraudulent statements.
No person to be exempt from answering questions in any Court, but not to be liable to prosecution for compulsory disclosure.
No remedy at Law or in Equity shall be affected.
Convictions shall not be evidence in civil suits.
827
Fakse protences.
No acquittal because the offence amounts to larceny.
Form of information and evidence.
Where any money or thing is caused to be paid or delivered, &c., to any person other than the person making the false pretence.
Inducing persons by fraud to execute deeds and other instruments.
828
Receiving where the principal is guilty of felony.
Information for sealing and receiving.
Separate receivers may be included in the same information in the absence of the principal.
829
Persons indicted for jointly receiving may be convicted of separately receiving.
Receiving where the principal has been guilty of a misdemeanor.
Receivers of property where the principal is punishable on summary conviction.
Punishment of principals in the second degree and accessories.
[See Ord. No. 9 of 1875 s. 12.]
830
Abettors in misdemeanors.
Abettors in offences punishable on summary conviction.
[See Ord. No. 9 of 1875 s. 12.]
The owner of stolen property prosecuting thief or receiver to conviction shall have restitution of his property.
[See Ord. No. 9 of 1875 s. 12.]
Provision as to valuable and negotiable securities.
Not to apply to prosecution of trustees, &c.
831
Taking a reward for helping to the recovery of stolen property without bringing the offender to trial.
Advertising a reward for the return of stolen property.
A perosn committing an offence may be apprehended without warrant.
[See Ord. No. 9 of 1875 s. 12.]
832
Person loitering at night and suspended of any felony may be apprehended.
Mode of compelling the appearance of perosons punishable on summary conviction.
[See Ord. No. 9 of 1875 s. 12.]
Application of forfeitures and penalties on summary convictions.
833
Proviso where seversal persons join in commission of same offence.
If a person summarily convicted shall not pay, &c., the Magistrate may commit him.
[See Ord. No. 9 of 1875 s. 12.]
Magistrate may discharge the offender in certain cases.
[See ibid.]
A summary conviction shall be a bar to any other proceeding.
824
for the same cause.
[See ibid.]
Notice of action.
[See ibid.]
General issue, &c.
Form of information for a subsequent offence and proceedings thereon.
[See ibid.]
835
Hard labour
[See ibid.]
Solitary confinement and whipping.
[See ibid.]
Fine and sureties for keeping the peace, in what cases.
[See ibid.]
No summary conviction or warrant to be quashed for want of form.
[See ibid.]
Procedure in cases of summary conviction.
[See ibid.]
Magistrates' jurisdiction saved.
[* Repealed by Ord. No. 16 of 1878.]
837
Commencement of Ordinance.
Identifier
https://oelawhk.lib.hku.hk/items/show/207
Edition
1890
Volume
v2
Cap / Ordinance No.
No. 7 of 1865
Number of Pages
37
Files
Collection
Historical Laws of Hong Kong Online
Citation
“LARCENY, & c. ORDINANCE,” Historical Laws of Hong Kong Online, accessed March 11, 2025, https://oelawhk.lib.hku.hk/items/show/207.
