LARCENY ORDINANCE, 1865

LARCENY ORDINANCE, 1865

No. 5 of 1865.

To consolidate and amend the laws relating to Larceny and
similar Offences. [14th June,1865.]
1.The Larceny Ordinance,1865.
2.In this Ordinance-
'Document of title to goods'includes 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
course 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:
'Trustee'means a trustee on some express trust created by
some deed,will,or instrument in writing,and includes the heir
or personal representative of any such trustee,and any other
person upon or to whom the duty of such trust has devolved or
come,and also an executor and administrator and an official
manager,assignee,liquidator,or other like officer acting under
any Ordinance relating to joint stock companies,bankruptcy,or
insolvency:
'Valuable security' includes any order or other security
whatsoever entitling or evidencing the title of any perosn to any
share or interest in any public stock or fund,whether of
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 State or country,or to any deposit in any bank,
and also includes any denenture,deed,bond,bill,note,warrant,
order,or other security whatsoever for money or for payment of
money,whether of the Colony,or of the United Kingdom,or of
Great Britain,or of Ireland,or of any foreign State,and any
document of title to goods as hereinbefore defined: 'Property' includes every description of real and personal
property,money,debts,and legacies,and all deeds and instru-
ments relating to or evidencing the title or right to any property,
or giving a right to recover or receive any money or goods,and
also includes not only such property as has 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 thing acquired by such conversion or exchange,whether
immediately or otherwise:
The night shall be deemed to commence at 9 p.m. of each day
and to conclude at 6 a.m. of the succeeding day.
General provisions.
3.Every larceny,whatever the value of the property stolen,
shall be deemed to be of the same nature,and shall be subject to
the same incidents in all respects,as grand larceny was by the
Law of England before 21 st June,1827.
4.Every person who,being a bailee of any chattel,money,or
valuable security,fraudulently takes or converts the same to his
own use or to the use of any person other than the owner thereof,
although he does not break bulk or otherwise determine the bail-
ment,shall be guilty of larceny,and may be convicted thereof on
an indictment for larceny.
5.Every person who is convicted of simple larceny,or of any
felony hereby made punishable like simple larcent,shall(except
in the cases hereinafter otherwise provided for)be liable to
imprisonment for any term not exceeding 3 years.
Every male person who is charged with having committed or
having attempted to commit,or having been an aider,abettor,
counseller,or procurer in commission of,any offence which now
is or hereafter may be by law deemed or declared to be simple
larceny or punishable as simple larceny,and whose age,at the
time of the commission or attempted commission of such offence,
does not,in the opinion of the Court before which he is brought
or appears,exceed the age of 16 years,shall,on conviction thereof,
be liable to be flogged either instead of or in addition to any other
punishment which may be inflicted for such offence. 6.Every person who commits the offence of simple larceny after
a previous conviction for felony shall be liable to imprisonment for
any term not exceeding 10 years,and,if a male under the age of
16 years,with or without whipping.
7.Every person who commits the offence of simple larceny or
any offence hereby made punishable like simple larceny,after
having been previously convicted of any indictable misdemeanor
punishable under this Ordinance,shall be liable to imprisonment
for any term not exceeding 7 years,and,if a male under the age
of 16 years,with or without whipping.
8.Every person who commits the offence of simple larceny or
any offence hereby made punishable like simple larceny,after
having been twice summarily convicted of any of the offences
punishable on summary convicted of any of the offences
ounishable on summary conviction (whether each of the convic-
tions has been in respect of an offence of the same description or
not),shall be guilty of felony,and shall be liable to imprisonment
for any term not exceeding 7 years,and,if a male under the age
of 16 years,with or without whipping.
Larceny of cattle and other animals.
9.Every person who steals-
(1)any horse,mare,gelding,colt,or filly;or
(2)any bull,cow,ox,heifer,or calf;or
(3)any ram,ewe,sheep,or lamb,
shall be guilty of felony,and shall be liable to imprisonment for
any term not exceeding 14 years,and,if a male under the age of
16 years,with or without whipping.
10.Every person who steals-
(1)any goat or kid,whether male or female;or
(2)any boar,sow,hog,or pig,
shall be guilty of felony,and shall be liable to imprisonment for
any term not exceeding 3 years,and,if a male under the age of
16 years,with or without whipping.




11. Every person who wilfully kills any animal, with intent to
steal the carcase, skin, or any part of the animal so killed, shall
be guilty of felony, and shall be liable to the same punishment as
if he had been convicted of feloniously stealing the same, provided
the offence of stealing the animal so killed would have amounted
to felony.

12.-(1) Every person who steals any dog shall, on conviction
thereof before a Magistrate, be liable to imprisonment for any temm
not exceeding 6 months, or shall be liable to a fine,over and above
the value of the said dog, not exceeding 100 dollars.

(2) Every person who,having been convicted of any such
offence, either against this or any former enactment, afterwards
steals any any dog shall be guilty of a misdemeanor,and shall be liable
to imprisonment for any term not exceeding 18 months.

13.-(1)Every person who unlawfully has in his possession or
on his premises any stolen dog or the skin of any stolen dog, know-
ing such dog to have been stolen or such skin to be the skin of
a stolen dog, shall, on conviction thereof before a Magistrate, be
liable to a fine not exceeding 100 dollars.

(2) Every person who, having been convicted of any such
offence,either against this or any former enactment,is afterwards
guilty of any offence under this section shall be guilty of a mis-
demeanor, and shall be liable to imprisonment for any term not
exceeding 18 months.

14. Every person who corruptly takes any money or reward,
directly or indirectly, under pretence or upon account of aiding
any person to recover any dog which has been stolen, or which is
in the possession of any person not being the owner thereof, shall
be guilty of a misdemeanor,and shall be liable to imprisonment for
any term not exceeding 18 months.

15.-(1) Every person who---

(a)steals any bird,beast or other animal ordinarily kept in a
state of confinement or for any domestic purpose,not being the
subject of larceny at common law in England;or
(b)wilfully kills any such bird,beast,or animal,with intent
to steal the same or any part thereof,
shall,on conviction thereof before a Magistrate,be liable to im-
prisonment for any term not exceeding 6 months,or to pay,over
and above the value of the bird,beast,or other animal,a fine not
exceeding 100 dollars.
(2)Every person who,having been convicted of any such
offence,either against this or any former enactment,is afterwards
guilty of any offence under this section shall be guilty of a mis-
demeanor,and shall be liable to imprisonment for any term not
exceeding 12 months.
16.-(1)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,is found in the possession or on the premises of
any person,a Magistrate may restore the same respectively to the
owner thereof.
(2)Every person in whose possession or on whose premises such
bird or the plumage thereof,or such beast or the skin thereof,or
such animal or any part thereof,is so found (such person knowing
that the bird,beast,or animal has been stolen,or that the plumage
is the plumage of a stolen bird,or that the skin is the skin of a
stolen beastmir that the part is a part of a stolen animal),shall ,
on conviction before a Magistrate,be liable ,for the first offence,
to such punishment as any person convicted of stealing any beast or
bird is made liable to by the last section.
17.Every person who unlawfully and wilfully kills,wounds,or
takes any house-dove or pigeon under such circumstances as do
not amount to larceny at common law in England shall,on con-
viction before a Magistrate,be liable to a fine,over and above the
value of the bird,not exceeding 10 dollars.
Larceny of written instruments.
18.Every person who steals,or for any defraudulent purpose
destroys,cancels,or obliterates,the whole or any part of any

valuable security,other than a document of title to lands,shall be
guilty of felony,of the same nature and in the same degree and
punishable in the same manner as if he had stolen any chattel of
like value with the share,interest,or deposit to 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.
19.Every person who steals,or for any fraudulent purpose
destroys,cancels,obliterates,or conceals,the whole or any part
of any document of title to lands shall be guilty of felony,and shall
be liable to imprisonment for any term not exceeding 3 years,and,
if a male under the age of 16 years,with or without whipping.
20.-(1)Every person who,either during the life of the testator
or after his death,steals,or for any defraudulent purpose destroys,
cancels,obliterates,or conceals,the whole or any part of any will,
whether the same relates to real or personal estate,or to both ,shall
be guilty of felony,and shall be liable to imprisonment for life,
and,if a male under the age of 16 years,with or without whipping.
(2)In any indictment for any such offence it shall not be neces-
sary to allege that such will is the property of any person.
(3)Nothing in this or th elast section,nor any proceeding,con-
viction,or judgment to be had or taken thereupon,shall prevent,
lessenm,or impeach any remedy at law or in equity which any party
aggrieved by any such offence might or would have had if this
Ordinance had not been passed;but no conviction of any such
offender shall be received in evidence in any action at law or suit
in equity against him;and no person shall be liable to be convicted
of any of the felonies mentioned in this and the last section,by
any evidence whatever,in respect of any act done by him,if he
at any time previously to his being charged with such offence has
first disclosed such act upon oath in consequence of any compulsory
process of any Court in any action,suit,or proceeding which has
been bona fide instituted by any party aggrieved,or if he has first
disclosed the same in any compulsory examination or deposition
before any Court on the hearing of any matter in bankruptcy. 21.-(1)Every person who-
(a)steals;or
(b)for any fraudulent purpose takes from its place of deposit
for the time being or from any person having the lawful custody
thereof;or
(c)unlawfully and maliciously cancels,obliterates,iniures,or
destroys,
the whole or any part of any record,writ,return,panel,process,
interrogatory,deposition,affidavit,rule,order,or warrant of at-
torney,or of any original document whatsoever of or belonging
to any Court in this Colony,or relating to any matter begun,
depending,or terminated in any such Court,or of any bill,petition,
answer,interrogatory,deposition,affidavid,order,or decree,or of
any original document in anywise relating to the business of any
office or employment inder His Majesty,and being or remaining
in any office appertaining to any Court or in any government or
public office,shall be guilty of felony,and shall be liable to impri-
sonment for any term not exceeding 3 years,and,if a male under
the age of 16 years,with or without whipping.
(2)In any indictment for any such offence it shall not be neces-
sary to allege that the article in respect of which the offence is
committed is the property of any person.
Larceny of things attached to or growing on land.
22.-(1)Every person who steals,or rips,cuts,severs.or breaks
with intent to steal,-
(a)any glass,shingles,or wood-work belonging to any building
whatsoever;or
(b)any lead,iron,copper,brass,or other metal,or any utensil
or fixture,whether made of metal or other material or of both,
respectively fixed in or to any building whatsoever;or
(c)any thing made of metal fixed in any land being private
property,or for a fence to 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 shall be liable to be punished as in the
case of simple larceny.
(2)In the case of any such thing fixed in any such square,
street,or place as aforeasaid,it shall not be necessary to allege the
same to be the property of any person.
23.-(1)Every person who steals,or cuts,breaks,roots up,or
otherwise destroys or damages with intent to steal,the whole or any
part of any tree,sapling,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,exceeds the sum of 5 dollars) be guilty of
felony,and shall be liable to be punished as in the case of simple
larceny.
(2)Every person who steals,or cuts,breaks,roots up,or other-
wise destroys or damages with intent to steal,the whole or any
part of any tree,sapling,or shrub,or any underwood,respectively
growing elsewhere 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,exceeds the sum of 25
dollars)be guilty of felony,and shall be liable to be punished as
in the case of simple larceny.
24.-(1)Every person who steals,or cuts,breaks,roots up,or
otherwise destroys or damages with intent to steal,the whole or
any part of any tree,sapling,or shrub,or any underwood,where-
soever the same may be respectively growing,the stealing of such
article or articles or the injury done being to the amount of 25 cents
at the least,shall,on conviction thereof before a Magistrate,be liable
to a fine,over and above the value of the article or articles stolen or
the amount of the injury done,not exceeding 25 dollars.
(2)Every person who,having been convicted of any such offence,
either against this or any former enactment,afterwards commits
any offence against this section,shall,on conviction thereof in like
manner for such second offence,be liable to imprisonment for any
term not exceeding 6 months.
(3)Every person who,having been twice convicted of any such
offence afterwards commits any offence against this section shall
be guilty of felony,and shall be liable to be punished as in the case
of simple larceny. 25.-(1)Every person who steals,or cuts,breaks,or throws
down with intent to steal,any part of any live or dead fence,or any
woopden 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 Magistrate,be liable to a fine,over and above the
value of the article or articles so stolen or the amount of the injury
done,not exceeding 25 dollars.
(2)Every person who,having been convicted of any such
offence,either against this or any former enactment ,afterwards
commits any offence against this section shall,on conviction there-
of in like manner,be liable to imprisonment for any term not
exceeding 6 months.
26.If the whole or any part of any tree,sapling,or shrub,or any
underwood,or any part of any live or dead fence,or any post,pale,
wire,rail,stile,or gate,or any part thereof,being of the value of
25 cents at the least,is 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 Magistrate,does not satisfy
him that he came lawfully by the same,he shall be liable to a fine,
over and above the value of the article or articles so found,not
exceeding 10 dollars.
27.-(1)Every person who steals,or destroys or damages with
intent to steal,any plant,root,fruit,or vegetable production
growing in any garden,orchard,pleasure ground,or nursery ground,
hot-house,green-house,or conservatory shall,on conviction thereof
before a Magistrate,be liable to imprisonment for any term not
exceeding 6 months,or to a fine,over and above the value of the
article or articles so stolen or the amount of the injury done,not
exceeding 100 dollars.
(2)Every person who,having been convicted of any such
offence,either against this or any former enactment,afterwards
commits an offence against this section shall be guilty of felony,
and shall be liable to be punished as in the case of simple larceny.
28.-(1)Every person who steals,or destroys,or damages
with intent to steal,any cultivated plant or root 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 enclosed,not being a garden,orchard,pleasure
ground,or nursery ground,shall,on conviction thereof before a
Magistrate,be liable to imprisonment for any term not exceeding
one month,or to a fine,over and above the value of the article or
articles so stolen or the amount of the injury done,not exceeding 5
dollars;and in default of payment thereof,together with the
costs(if ordered),shall be dealt with as the law relating to the
jurisdiction of Magistrate provides.
(2)Every person who,having been convicted of any such
offence,either against this or any former enactment,afterwards
commits any offence against this section shall,on conviction there-
of in like manner,be liable to imprisonment for any term not
exceeding 6 months.
Larceny of Eletricity.
28a.Any person who maliciously or fraudulently abstracts,
causes to be wasted or diverted,consumes,or uses any electricity
shall be guilty of simple larceny and punishable accordingly.
Larceny from the person and similar offences.
29.Every person who robs any person,or steals any chattel,
money,or valuable security from the person of another,shall be
guilty of felony,and shall be liable to imprisonment for any term
not exceeding 14 years,and,if a male under the age of 16 years,
with or without whipping.
30.Every person who assaults any person with intent to rob
shall be guilty of felony,and shall (save and except in the cases
where a greater punishment is provided by this Ordinance)be
liable to imprisonment for any term not exceeding 3 years.
31.Every person who- (1)being armed with nay offensive weapon or instrument ,robs,
or assaults with intent to rob,any person;or,
(2)together with one or more other person or persons,robs,or
assaults with intent to rob,any person;or,
(3)robs any person,and,at the time of or immediately before
or immediately after such robbery,wounds,beats,strikes,or uses
any other personal violence to any person,
shall be guilty of felony and shall be liable to imprisonment for life.
32.Every person who sends,delivers,or utters,or directly or
indirectly causes to be received,knowing the contents thereof,any
letter or writing demanding of any person with menaces,and with-
out any reasonable or probable cause,any property,chattel,money,
valuable security,or other valuable thing shall be guilty of felony,
and shall be liable to imprisonment for life,and,if a male under
the age of 16 years,with or without whipping.
33.Every person who,with menaces or by force,demands any
property,chattel,money,valuable security,or other valuable thing
of any person,with intent to steal the same,shall be guilty of
felony,and shall be liable to imprisonment for any term not exceed-
ing 3 years.
34.-(1)Every perosn who sends,delivers,utters,or directly
or indirectly causes to bereceived,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 imprisonment
with hard labour for not less than seven years,or of an assault with
intent to commit a rape,or of an attempt or endeavour to commit
a rape,or of any infamous crime as hereinafter defined,with the
view or intent in any of such cases to extort or gain by means of such
letters of writing any property,chattel,money,valuable security,
and shall be liable to imprisonment for life,and,if a male under the
age fo 16 years,with or without whipping.
(2)The abominable crime of buggery,committed either with
mankind or with any 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,persua-
sion,promise,or threat offered or made to any person whereby to
move or induce such person to commit or permit the said abomin-
able crime shall be deemed to be an infamous crime within the
meaning of this Ordinance.
35.Every person who accuses or threatens to accuse,either the
person to whom such accusation or threat is 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 afore-
said 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 shall be liable to imprisonment for life,and,if a male under
the age of 16 years,with or without whipping.
36.Every person who,with intent to defraud or injure any other
person,by any unlawful violence to or restraint of,or threat of
violence to or restraint of,the person of another,or by accusing
or threatening to accuse any person of any treason,felony,or infa-
mous crime as hereinbefore defined,compels or induces 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 shall be liable
to imprisonment for life,and,if a male under the age of 16 years,
with or without whipping.
37.It shall be immaterial whether the menaces or threats here-
inbefore mentioned are of violence,injury,or accusation to be
caused or made by the offender or by any other person.
Sacrilege,burglary,and housebreaking.
38.Every person who-
(1)breaks and enters any church,chapel,meeting house,or
other place of divine worship,and commits any felony therein;or,
(2)being in any church,chapel,meeting house,or other place
of divine worship,commits any felony therein and breaks out of
the same, shall be guilty of felony,and shall be liable to imprisonment for life,
and,if a male under the age of 16 years,with or without whipping.
39.Every person who-
(1)enters the dwelling house of another with intent to commit
any felony therein;or,
(2)being in such dwelling house,commits any felony therein,
and in either case breaks out of the said dwelling house in the night,
shall be deemed guilty of burglary.
40.Every person who is convicted of the crime of burglary shall
be liable to imprisonment for life,and,if a male under the age of
16 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 is 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.Every person who enters any dwelling house in the night,
with intent to commit any felony therein,shall be guilty of felony,
and shall be liable to imprisonment for any term not exceeding 7
years.
43.Every person who-
(1)breaks and enters any buildings,and commits any felony
therein,such building being within the curtilage of a dwelling
house and occupied therewith,but not being part thereof,accord-
ing to the provision hereinbefore mentioned ;or,
(2)being in any such building,commits any felony therein,and
breaks out of the same,
shall be guilty of felony,and shall be liable to imprisonment for any
term not exceeding 14 years,and,if a male under the age of 16
years,with or without whipping.
44.Every person who-
(1)breaks and enters any dwelling house,school house,store,
shop,warehouse,godown,or counting-house,and commits any
felony therein;or, (2)being in any dwelling house,school house,store,shop,ware-
house,godown,or counting-house,commits any felony therein and
breaks out of the same,
shall be guilty of felony,and shall be liable to imprisonment for
any term not exceeding 14 years,and,if a male under the age of
16 years,with or without whipping.
45.Every person who breaks and enters any dwelling house,
church,chapel,meeting house,or other place of divine worship,
or any building 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 shall be liable to impri-
sonment for any term not exceeding 7 years.
46.Every person who-
(1)is found by night armed with any dangerous or offsive
weapon or instrument whatsoever,with intent to break or enter
any dwelling house,or other building whatsoever,and to commit
any felony therein;or
(2)is found by nigt having in his possession,without lawful
excuse,any picklock,key,crow,jack,bit,or other implement of
housebreaking;or
(3)is found by night havinf his face blackened or otherwise
disguised,with intent to commit any felony;or
(4)is 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 shall be liable to imprison-
ment for any term not exceeding 3 years.
47.Every person who is convicted of any such misdemenaor as
is mentioned in the last section,committed after a previous convic-
tion either for felony or for such misdemenaor,shall,on such
subsequent conviction,be liable to imprisonment for any term not
exceeding 10 years.
Larceny in dwelling houses.
48.Every person who steals in any dwelling house any chattel,
money,or valuable security,to the value in the whole of 25 dollars or more,shall be guilty of felony,and shall be liable to imprison-
ment for any term not exceeding 14 years,and,if a male under the
age of 16 years,with or without whipping.
49.Every person wh steals any chattel,money,or valuable
security in any dwelling house,and by any menace or threat puts
any one being therein in bodily fear,shall be guilty of felony,and
shall be liable to imprisonment for any term not exceeding 14 years.
Larceny in ships,wharves,etc.
50.Every person who-
(1)steals any goods or merchandise in any vessel,barge,or boat
of any description whatsoever in any haven,or in any port 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 communicating with any such haven
or port;or
(2)steals 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 shall be liable to imprisonment for
any term not exceeding 14 years,and,if a male under the age of
16 years,with or without whipping.
51.Every person who plunders or steals any part of any ship or
vessel which is in distress or wreckes,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 shall be liable to impri-
sonment for any term not exceeding 14 years,and,if a male under
the age of 16 years,with or without whipping.
52.If any goods,merchandise,or articles of any kind belonging
to any ship or vessel in distress,or wrecked,stranded,or cast on
shore,are or is 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 Magistrate,does not satisfy him 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,be liable to imprisonment for any
term not exceeding 6 months,or to a fine,over and above the value
of the goods,merchandise,or articles,not exceeding 100 dollars.
53.-(1)If any person offers or exposes for sale any goods,
merchandise,or articles whatsoever which have or has been unlaw-
fully taken,or are or is 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 any person to whom the same are or is
offered for sale,or any officer of the customs or police,may lawfully
seize the same,and shall with all convenient speed carry the same,
or give notice of such seizure,to a Magistrate.
(2)If the person who has offered or exposed the same for sale,
being summoned by the Magistrate,does not appear and satisfy
him 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,on
payment of a reasonable reward (to be ascertained by the Magis-
trate) to the person who seized the same;and the offender shall,on
conviction of such offence before the Magistrate,be liable to
imprisonment for any term not exceeding 6 months,or to a fine,
over and above the value of the goods,merchandise,or articles,
not exceeding 100 dollars.
Larceny or embezzlement by clerks,servants,etc.
54.Every person who,being a clerk or servant or being employed
for the purpose or in the capacity of a clerk or servant,steals any
chattel,money,or valuable security belonging to or in the posses-
sion or power of his master or employer shall be guilty of felony,
and shall be liable to imprisonment for any term not exceeding 14
years,and,if a male under the age of 16 years,with or without
whipping.
55.Every person who,being a clerk or servant or being employed
for the purpose or in the capacity of a clerk or servant,fraudulently
embezzles any chattel,money,or valuable security which is
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 shall be liable to imprisonment for
any term not exceeding 14 years, and, if a male under the age of 16
years, with or without whipping.

56. Every person who, being a member of any copartnership or
being one of two or more beneficial owners of any money, goods,
or effects, bills, notes, securities, or other property, steals or
embezzles any such money, goods, or effects, bills, notes, securities,
or other property belonging to such copartnership or to such joint
beneficial owners shall be Iiable to be dealt with,tried, convicted,
and punished for the same as if such person had not been or was not
a member of such copartnership or one of such beneficial owners.

57. Every person who, being employed in the public service of
His Majesty in this Colony or beIng a constable or other person
employed in the police force, steals any chattel, money, or valuable
security belonging to or in the possession or power of His Majesty,
or entrusted to or received or taken into possession by him by virtue
of his employment, shall be guilty of felony, and shall be liable to
imprisonment for any term not exceeding 14 years.

58. Every person who, being employed in the public service of
His Majesty in this Colony or being a constable or other person
employed in the police force,and entrusted by virtue of such
employment with the receipt,custody,management,or control
of any chattel,money, or valuable security, embezzles any chattel,
money, or valuable security which is entmsted to or received or
taken into possession by hirri by virtue of his employment, or any
part thereof, or in any manner fraudulently applies or disposes of
the same or any part thereof to his own use. or benefit or for any
purpose whatsoever except for the public service, shall be deemed
to have feloniously stolen the same from His Majesty, and shall be
liable to imprisonment for any term not exceeding 14 years.

59. In every case of larceny,embexxlement,or fraudulent appli-
cation or disposition of any chattel, money, or valuable security
mentioned in the last two sections, it shall be lawful, in the warrant
of commitment by the Magistrate before whom the offender is





charged and in the indictment to be preferred against such offender,
to lay the property of any such chattel,money, or valuable security
in His Majesty.

60.-(1) If, on the trial of any person indicted for embezzlement
or fraudulent applicatioii or disposition as aforesaid, it is proved
that, lie took the property in question in lily such manner as to
amount in law to larceny, he shall not by reason thereof be entitled
to be acquitted, but the jury shall be at liberty to return as their
verdict that such person is not guilty of embezzlement or fraudulent
application or disposition, but is guilty of simple larceny, or of
larceny, as a clerk, servant, or person employed for the purpose or
in the capacity of a clerk or servant, or as a person employed in the
public service or in the police force, as the case may be; and there-
upon such person shall be liable to be punished in the same manner
as if he had been convicted on an indictment for such larceny.
(2) If, on the trial of any person indicted for larceny, it is proved
that he took the property in question in any such manner as to
amount in law to embezzlement or fraudulent application or disposi-
tion as aforesaid, lie shall not by reason thereof be entitled to bp,
acquitted, but the jury shall be at liberty to return as their verdict
that such person is not guilty of larceny, but is guilty of embezzle-
ment 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 on an indictment for such
embezzlement or fraudulent application or disposition.
(3) No person so tried for embezzlement,fraudulent application
or disposition, or larceny as aforesilid shall be liable to be afterwards
prosecuted for larceny, fraudulent, application or disposition, or
embezzlement upon the same facts.

Larceny by tenants or lodgers.
61.-(1) Every person who steals any chattel or fixture let to
be used by him or her in or with any house or lodging, whether the
contract has been entered into by him or her or by her husband or
by any person on behalf of him or her husband, shall be guilty of
felony, and shall be liable to imprisonment for any term not exceed-
ing 2 years, and, if a male under the age of 16 years, with or without
whipping; and, in case the value of such chattel or fixture exceeds






the sum of 25 dollars, shall be liable to imprisonment for any term
not exceeding 7 years, and, if a male under the age of 16 years, with

or without whipping.
(2) In every case of stealing any chattel mentioned in this
section, it shall be lawful to prefer an indictment in the common
form as for larceny, and in case of stealing any fixture
mentioned in this section, to prefer an indictment in the same form
as if the offender were not a temmit or lodger, ,and in either case to
lay the property in the owner or person to hire.

62.-(1) Whosoever-
(a) being entrusted,either solely or jointly with any other
person, with any property, in order that he may retain in safe
custody or apply, pay or deliver, for any purpose or to any person,
the property or any part thereof or any proceeds thereof; or
(b)having,either solely jointly with any other person
received any property for or on account of any other person,
fraudulently converts to his own use or benefit, or the use or benefit
of any other person, the properly or any part thereof or any
proceeds thereof, shall be guilty of a misdemeanor, and shall be
liable to imprisonment for any term not exceeding 7 years.
(2) Nothing in this section shall apply to or affect any trustee on
any express trust created by a deed or will, or any mortagree of any
property, real or personal, in respect of any act done by the trustee
or mortagee in relation to the property comprised in or affected by
any such trust or mortage.
[s. 63, rep. No. 7 of 1909, s. 2]

64. Every person who, being entrusted, either solely or jointly
with any other person, with any power of attorney for tbe sale or
transfer of any property, fraudulently sells or transfers or other-
wise converts the same or any part thereof to his own use or benefit,
or to the use or benefit of any person other than the person by
whom he has been so entrusted, shall be guilty of a misdemeanor,
and shall be liable to imprisonment for any term not exceeding 7
years.

65.-(1) Every person who, being a factor or agent entrusted,
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, contrary to or without Che authority of his prin-
cipal in that behalf, for his own use or benefit or for the use or
benefit of any person other than the person by whom he has Leen
so entrusted, and in violation of good faith,-
(a) makes any consignment, deposit, transfer, or delivery of any
goods or document, of title so entrusted to him as in this section
before mentioned, as and by way of a pledge, lien, or security for
any money or valuable security borrowed or received b such factor

or agent at or before the time of making such consignment, deposit,

transfer, or delivery, or intended to be thereafter borrowed or
received ; or
(b) accepts any 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 shall be liable to imprison-
ment for any term not exceeding 7 years.
(2) Every clerk or other person who knowingly and wilfully acts
and assists in makingg any such consignment,deposit, transfer, or
delivery, or in accepting or such advance as aforesaid,
shall be guilty of a misdemeanor, and shall be liable to the same
punishment : Provided that no such factor or agent shall be liable to
any prosecution for consigning, depositing, transferring, or deliver-
ing any such goods or document of title, in case the same is not
made a security for or subJect to the payment of any greater sum
of money than the amount which, at the time of such consignment,
deposit, transfer, or delivery, was justly due and owing to such
agent, from his principal, tolgether with the amount of any bill of
exchange drawn by or on account of such principal and accepted
by such factor or agent.
66.-(1) Any factor or agent entrusted as aforesaid and possessed
of any such document of title,whether derived immediately from
the owner of such goods or obtained by reason of such factor or
agent having been entrusted with the possession of the goods or of
tiny other docunient of title thereto, shall be deemed to have been
entrusted with the possession of the goods represented by such
document of title.
(2) Every contract pledging or giving a lien upon such document
of title as aforesaid shall be, decined to be a pledge of and lien upon
the goods to which the same relates.






(3) Such factor or agent shall be deemed to be possessed of such
goods or document, whether the same are or is in his actual custody
or are or is held by any other person subject to his control or for
him or on his behalf.
(4) Where any loan or advance is bona fide made to any factor
or agent entrusted with and in possecion of any such goods or
document of title, on the faith ofnr agreement in
writing to consign, deposit, transfer or deliver such goods or docu-
ment of title, and such goods or docurtient, of title are or is actually
received by the person making such loan or advance, without notice
that such factor or agent was notto make such pledge
or security, every such loan or advance shall be deemed to be a loan
or advance on the security of such goods or document of title within
the meaning of the last section, though such goods or document
of title are or is not actually received by the person making such
loan or advance till the period subsequent thereto.
(5) Any contract or agreement, whether made direct with such
factor or agent or with any clerk or other person on his behalf, shall
be deemed to be a contract or agreement with such factor or agent.
(6) 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 section.
(7) A factor of agent in possession as aforesaid of such goods or
document of title shall be taken, for the porposes of tile last section,
to have been entrusted therewith by the owner thereof, unless the
contrary is shown in evidence.

67. Every person who, being a trustee of any property for the use
or benefit, either wholly or partially, of some other person or for
any public or charitable purpose, with intent to defraud, converts
or appropriates the same or any part thereof to or for his own use or
benefit, or to or for the use or benefit of person other than such
person as aforesaid, or for any purpose other than such public or
charitable purpose as aforesaid, or otherwise disposes of or destroys
such property or any part thereof, shall be guilty of a misdemeanor,
and shall be liable, to imprisonment for any term not exceeding 7
years. Provided that no proceeding or prosecution for any offence
included in this section shall be commenced without the sanction
of the Attorney General Provided, also, that where any civil






proceeding has been taken against any person to whom the provi-
sions of this section apply, no person who has taken such civil
proceeding shall commence any prosecution under this section
without the sanction of the Court or Judge before whom such
proceeding has been had or is pending.

68. Every person who, being a director, member, or public
officer of any body corporate or public company, fraudulently takes
or applies 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 such body corporate, or public company shall
be guilty of a misdemeanor, and shall be liable to imprisonment for
any term not exceeding 7 years.

69. Every person who, being a director, public officer, or mananger
of any body corporate or public company, as such receives or
possesses himself of any of the property of such body coporate or
public comany otherwise than in payment of a just debt or demand,
and, with intent to defraud, omits to make or to cause or direct to
be made a full and true entry thereof in the books and accounts of
such body corporate or public company, shall be guilty of a
misdeineanor, shall be liable to imprisonment for any term not
exceeding 7 years.

70. Every person who, being a director, manager, public officer,

or member of any body corporate or public company, with intent
to defraud, destroys, alters, mutilates, or falsifies any book, paper,
writing, or valuable seemity belonging to sucb body corporate or
public company, or makes or concurs in the making of any false
entry, or omits or concurs in omitting any material particular, in
any book of account or other document, shall be guilty of a mis-
demeanor, and shall be liable to imprisonment for any term not ex-
ceeding 7 years.

71. Every person who, being a director,or public,manager,or public
officer of any body corporate or public company, makes, circulates,
or publishes, or concurs in making, circulating, or publishing, any
written statement or account which he knows 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 entrust 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 shall be liable
to imprisonment for any term not 7 years.

72,-(1) Nothing in section 62 to 71 shall enable or entitle any
person to refuse to make a full and complete discovery or to answer
any question or interrogatory in any proceeding in any Court or on
the hearing of any matter in bankruptcy.
(2) No person shall be liable to be convicted of any of the misde-
meanors mentioned in sections 62 to 71 by any evidence whatever
in respect of any act done by him, if he,at any time previously to
his being charged with such offence, has first disclosed such act,
upon oath, in consequence of any compulsory process of any Court,
in any action suit, or proceeding which has been bond fide insti-
tuted by any party aggrieved.
(31) A statement or admission mak by any person in any
compulsory examination or deposition before any Court shall not
be admissible as evidence against that person in any proceeding in
respect of any of the misdemeanor mentioned in the said sections.

73. Nothing in sections 62 to 72, nor any preceeding, conviction,
or judgment to be had or taken thereon against any person under
any of the said sections, shall prevent, lesson,or impeach any
remedy at law or in equity which any party, aggrieved by any offence
against any of the said sections might have had if this Ordinance
had not been passed ; but no conviction of any such offender shall
be received in evidence in any action at law or suit in equity against
him; and nothing in the said sections 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.

74-(1) Every person who, being a clerk, officer, or servant or
employed or acting in the capacity of a clerk, officer, or servant,
wilfully and with intent to defraud,-
(a) destroys, alters, mutilates, or falsifies any book, paper,
writing, valuable security, or account which belongs to or is in the
possession of his employer or has been received by him for or on
behalf of his employer; or






(b) makes or concurs in making any false entry in, or omits or
alters, or concurs in omitting or altering, any material particular
from or in any such book or any document or account,
shall be guilty of a misdemeanor, and shall be liable to imprison-
ment for any term not exceeding 7 years.
(2) In any indictment under this section it shall be sufficient to
allege a general intent to defraud, without naming any particular
person intended to be defrauded.

Obtaining property by false pretences.
75-(1) Every person who by any false pretence obtains from
any other person any chattel, money, or valuable security, with
intent to defraud, shall be guilty of a misdemeanor, and shall be
liable to imprisonment for any term not exceeding 3 years : Pro-
vided that, if, on the trial of any person indicted for such mis-
demeanor, it is 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 shall be liable to be
afterwards prosecuted for larceny upon the same facts.
(2) In any indictment for obtaining or attempting to obtain any
such property by false pretences, it shall be sufficient to allege that
the accused (lid the let with intent to defraud, without alleging
an intent to defraud any particular person,and without alleging
any ownership of the chattel, money, or valuable security; and,on
the trial of any such indictment, it shall not be necessary to prove
an intent to defraud any particular person, but it shall be sufficient
to prove that the accused did the act charged with an intent to
defraud.

76. Every person who by any false pretence causes or procures
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
section.

77. Every person who, with intent to defraud or injure any other
person, by any false pretence fraudulently causes or induces any






other person to execute, make, accept, indorse, or sestroy the whole
or any part of any valuable security, or to write, impress, or affix,
his value, or the name of any other person or of any company, firm,
or copartnership, or the seal of any body corporate,company, or
society, upon any paper or parchment, in order that the same may
be afterwards made or converted into or used or dealt with as a
valuable security, shall be guilty of a misdemeanor, and shall he
lible to imprisonment for any term not exceeding 3 years.

78.-(1) Every person who falsely and deceitfully personates any
person, or the heir, executor, or administrator,wofe,widow,next
of kin, or relation of any person, with intent fraudulently to obtain
any land,estate,chattel,money,valuable security,or property,
shall be guilty of felony, and shall be liable to imprisonment for life.
(2) Nothing in this section shall prevent any person from being
proceeded against and punished under any other enactment or at
Inw in respect of an offence, if any, punishable as well
under this section as under any other enactment or at common law.
Receiving stolen property.
79.-(1) Every person who receives any chattel,money, valu-
able security, or other property whatsoever,the stealing, taking,
extorting, obtaining, embezzlhig, or otherwise disposing whereof
amounts to a felony, either at common law or by virtue of this
Ordinance, knowing the same to have been feloniously stolen, taken,
extorted, obtained, enibezzled, 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 pricipal felon has or has not been previously convicted
or is or is not amenable to jushice.
(2) Every such receiver, however convicted, shall be liable to
imprisonment for any term not exceeding 14 years, and, if a male
under the age of 16 years, with or without whipping:Provided
that no person,however tried for receiving as aforesaid, shall be
liable to be prosecuted a second time for the same offence.

80-(1) Every person who, without Iawful excuse, receives or
has in his possession, in this colony,any property stolen outside
the Colony, knowing such property to have been stolen,shall be
liable to imprisonment for any term not exceeding 7 years.






(2) For the purpose of this section ,property shall be deemed to
have been stolen where it has been taken, extorted, obtained, em-
bezzled, converted, or disposed of under such circumstances that,
if the act had been committed in this Colony, the person committing
it would have been guilty of an indictable offence according to the
law for the time being in force in this Colony.
(3) An offence under this section shall be a felony or misdemean-
or according as the act committed outside this Colony would have
been a felony or misdemeanor if committed in the Colony.

81. Where an indictment is preferred against two or more per-
sons, it shall be lawful for the jury who try the same to find all
or any of the said persons guilty either of stealing the property or
of receiving the same, or any part or parts thereof, knowing the
same to have been stolen, or to find one or more of the said persons
guilty of stealing the property,and the other or others of them
guilty of receiving the same or any part or parts thereof, knowing
the same, to have been stolen.

82. Whenever any properfy whatsoever has been stolen, taken,
extorted, obtained,embezzled, or otherwise disposed of in such a
manner as to amount to a felony, either at common law or by virtue
of this Ordinance, any number of receivers at different times of such
property, or of any part or parts thereof, may be charged with
substantive felonies in the same indictment, and may be tried
together, notwithstanding that the principal felon is not included
in the same indictment, or is not in custody or amenable to justice.

83. If, on the trial of any two or more persons indicted for jointly
receiving any property, it is proved that one or more of such persons
separately received any part or parts of such property, it shall be
lawfuI for the jury to convict on such indictment such of the said
persons as may be proved to have received any part or parts of such
property.

84.-(1) Every person who receives any chattel, money, valuable
security, or other property whatsoever, the stealing, taking, obtain-
ing, converting or disposing whereof is inade a misdemeanor by
this Ordinance, knowing the same to have been unlawfully stolen,
taken, obtained, converted, or disposed of, shall be guilty of a mis-






demeanor, and may be indicted and convicted thereof, whether the
person guilty of the principal misdemeanor has or has not been
previously convicted thereof or is or is not amenable to justice.
(2) Every such receiver shall be liable to imprisoninent for any
term not exceeding 7 years, and, if a male under the age of 16
years, with or without whipping.

85.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, every person who receives any such property,
knowing the same to be unlawfully come by,shall,on conviction
thereof before a Magistrate, be liable, for every first,second,or
subsequent offence of receiving, to the same penalty to wIlich a
person guilty of a, first, second, or subsequent offence of stealing,
or taking such property is by this Ordinance made liable.

86-(1) In the 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.
(2) Every accessory after the fact to any felon punishable under
this Ordinane (except only a receiver of stolen property) shall be
liable to imprisonment for any term not exceeding 2 years.
(3) Every person who aids, abets, counsels, or procures the com-
mission of any misdemeanor punisliable under this Ordinance shall
be liable to be indicted and punished as a principal offender.

87.Every person who aids,abets,counsels,or procures the com-
mission of any offence which is by this Ordinance punisbable on
summary conviction, either for every time of its commission, or for
the first and second time only, or for the first time only, shall, on
convict before a Magistrate, be liable, for every first, second, or
subsequent offence of aiding, abefting, counselling, or procuring,

to the same penalty to which a person guilty of a first, second, or
subsequent offence as a principal offender is by this Ordinance made
liable.

Restitution and recovery of stolen property.
88. If any person guilty of any such felony or misdemeanor as is
mentioned in this Ordinance in stealing,taking,obtaining, extort-





ing, embezzling, converting, or disposing or, or in knowingly
receiving, any chattel,money, vaIuable security,or other property
whatsoever, is indicted for such offence, by or on the behelf of the
owner of the property oF his executor or administrator, and con-
victed thereof, in such case the property shall be restored to the
owner or his representative ; and in every case in this section afore-
said the Court before which any person is tried for any such felony
or misdemeanor shall have power to order the restitution thereof
in a summary manner: Provided that if it appears,before any
award or order made,that any valuable security has been bona fide
paid or discharged by some person liable to the payment thereof,
or, being a negotiable instrument, has been bona fide taken or
received by transfer or delivery, by some person for a just and
valuable consideration, without any notice or without any reason-
able cause to suspect that the same had by any felony or misde-
meanor been stolen, taken, obtained, extorted, embezzled, convert-
ed, or disposed of, in such case the Court shall not award or order
the restitution of such security :Provided,also,that nothing in
this section shall apply to the case if any prosecution of any banker,
merchant, uttorney, factor, broker, or other agent, or of any trustee,
entrusted mhrh the posseshw of any goods or of any document of
title to goods for any misdemeanor against this Ordinance.

89.Every person who corruptly takes any money or reward,
directly or indirectly, under pretence, or upon account of helping
any person to recover any chattel, money,valuable security, or
other property whatsoever which by any felony or misdemeanor
has been stolen,taken,obtained,extorted,embezzled,converted,
or disposed of,as in this Ordinance before mentioned, shall (unless
be has used all due diligence to cause the offender to be brought
to trial for the same) be guilty of felony, and Shall be liable to
imprisonment for any term not exceeding 7 years, and, if a male
under the age of 16 years,with or without whipping.

90. Every person who-
(1) publicly advertises a reward for the return of any property
whatsoever which has been stolen or lost,and in such advertisement;
uses any words purporting that no questions will be asked;or






(2) makes use of any words in any public advertisement purport-
ing that a reward will be given or paid for property which has
been stolen or lost, without seizing or making any inquiry after the
person producing such property ; or
(3) promises or offers in any such public advertisement to return
to any pawnbroker or other porson who may have bought or ad-
vanced 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
(4) prints or publishes any such advertisement,
shall forfeit the sum of 250 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.

Apprehension of offenders and other proceedings.
91-(1) Any person who is found committing any offence
punishable, either on indictment or on summary conviction, by
virtue of this Ordinance may be immediately apprehended without
a warrant by any person, and forthwith taken, together with such
properly, if any, before a Magistrate, to be dealt with according to
law.
(2) If any credible witness proves, npon oath before a Magistrate,
a reasonable canse 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 on indictment or on summary
conviction, by virtue of this Ordinance has been committed, the
Magistrate may grant a warrant to search for such property as in
the case of stolen goods.

(3)Any person to wbom any property is offored to be sold, pawn-
ed,or delivered,if he has reasonable cause to suspect that any such
offence has been committed on or with respect to such property,
is hereby authorised, and, if in his power, is required, to apprehend
and forthwith to take before a Magistrate the person offering the
same, together with such properly, to be dealt with according to
law.

92. Any constable may take into custody, without a warrant,
any person whom he finds lying or loitering in any highway, yard,






or other place, during the night, and whom he has good cause to

suspect of having committed, or being about to commit, any felony
mentioned in this Ordinance, and shall take such person, as soon
as reasonably may be, before a Magistrate, to be dealt with accord-
ing to law.

93. Every sum of money which is ordered to be paid on a
summary conviction for the value of any property stolen or taken,
or for the amount of any injury done (such value or amount to be
assessed in each case by the convicting Magistrate), shall be paid
to the party aggrieved, except where he is unknown, and in that
case such sum shall be applied in the same manner as a penalty :
Provided that where several persons join in the commission of the
same offence, and, on conviction thereof, each is ordered to pay a sum
equivalent to the value of the property or to the amount of the
injury, no further sum shall be paid to the party aggrieved than
such value or amount ; and the remaining sum ordered to be paid
shall be applied in the sarne inanner as a penalty.
[s. 94, rep. No.50 of 1911.]
95. Where any person is summarily convicted of any offence
against this Ordinance,and it is a first conviction ,the Magistrate
may discharge the offender from his conviction, on his making such
satisfaction to the, party aggrieved for damages and costs, or either
of them, as may be ascertained by ihe Magistrate.

96. In case any person convicted of any offence punishable on
summary conviction by virtue of this Ordinance pays the sum or-
dered to be paid, together with costs, under such conviction, or
receives a reemission thereof from the Crown or from the Governor,
or suffers the imprisonment awarded for non-payment thereof or
the imprisonment ordered in the first instance, or is discharged
from his conviction by any Magistrate as aforesaid, he shall be
released from all further or other proceedings for the same cause.
[s. 97, rep. No. 31 of 1911.]

98. Where any person is charged on all indichnent with any
offence punishable under this Ordinance and committed after a
previous conviction for any felonly,misdemeanor, or offence punish-


able on summary conviction, and, on his trial for such subsequent
offence, such person gives 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 for the previous offence
before such verdict of guilty is returned, and the jury shall inquire
concerning such previous conviction at the same time that they
inquire concerning such subsequent offence.
[ss. 99, 100, rep. No. 30 of 1911.]

1O1.-(1) Whenever any person is convicted of any indictable
misdemeanor punishable under this Ordinance, the Court may, in
addition to or in lieu of any of the punishments authorised by this
Ordinance,fine the offender, and require hint to enter into his own
recognizances and to find sureties, both or cither, for keeping the
peace and being of good behaviour.
(2) In the case of any felony punishable under this Ordinance,
the Court may require the offender to enter into his own recogniz-
ances, and to find sureties, both or either, for keeping the peace, in
addition to any punishment authorised by this Ordinance.
(3) No person shall be imprisoned under this section for not
finding sureties for any period exceeding one year.
[s. 102, rep. No. 50 of 1911.]
Short title. [24 & 25 Vict.c.96.] Interpretation of terms. [ib.s.1.] All larcenies to be of the same nature. [24 & 25 Vict.c.96 s.2.] Fraudulent conversion of property by hailee. [ib.s.3.] Simple larceny. [ib.s.4.] Power to order flogging of juvenile male offenders. [cf. No. 3 of 1903.] Larceny after conviction for felony. [24 & 25 Vict.c.96 s.5.][cf. No. 3 of 1903.] Larceny after conviction of indictable misdemeanor under the Ordinance. [ib.s.7.][cf. No.3 of 1903.] Larceny after two summary convictions. [ib.s.9.][cf. No. 3 of 1903.] Stealing horse, bull, ram, etc. [ib.s.10] [cf. No. 3 of 1903.] Stealing goat, boar, etc. [cf. No. 3 of 1903.] Killing animal with intent to steal carcase. [24 & 25 Vict.c.96 s.11.] Stealing dog. [ib.s.18.] Possession of stolen dog. [ib.s.19.] Taking money to restore dog. [ib.s.20.] Stealing beast or bird ordinarily kept in confinement. [ib.s.21.] Punishment of person found in possession of stolen bird etc. [24 & 25 Vict.c.96 s.22.] Killing house-dove or pigeon. [ib.s.23.] Stealing valuable security [ib.s.27.] Stealing document of title of lands. [24 & 25 Vict.c.96 s.28.] [cf.No. 3 of 1903.] Stealing will. [ib.s.29.][cf.No.3 of 1903.] Stealing record or other legal document. [24 & 25 Vict.c.96 s.30.][cf. No. 3 of 1903.] Stealing metal, glass, wood, etc., fixed to building or land. [ib.s.31.] Stealing trec, etc., growing in pleasure ground or elsewhere. [24 & 25 Vict.c.96 s. 32.] Stealing small tree, etc., wherever growing. [ib.s.33.] Stealing live or dead fence, etc. [24 & 25 Vict.c.96 s.34.] Suspected person in possession of tree, and not accounting for it. [ib.s.35.] Stealing plant, etc., growing in garden, etc. [ib.s.36.] Stealing cultivated plant, etc., not growing in garden. [24 & 25 Vict.c.96 s.37.] Stealing electricity. [see s.5. and cf.45 & 46 Vict. C. 56 s.23.] Robbery or stealing from the person. [24 & 25 Vict.c.96 s.40.][cf.No.3 of 1890 s. 85 and No. 3 of 1903.] Assault with intent to rob. [ib.s.42.] Robbery or assault by person armed, or by two or more, or robbery and wounding. [ib.s.43.] [cf. No. 3 of 1903.] Sending letter demanding money with menaces. [24 & 25 Vict.c.96 s.44.] [cf. No. 3 of 1903.] Demanding property with menaces with intent. [ib.s.45.] [cf.No.3 of 1903.] Sending letter threatening to accuse of crime, with intent to extort. [ib.s.46.][cf. No 3 of 1903.] Accusing or threatening to accuse of crime with intent to extort. [24 & 25 Vict.c. 96 s.47.][cf. No. 3 of 1903.] Inducing person by violence or threat to execute deed, etc., with intent to defraud. [ib.s.48.] [cf.No.3 of 1903.] Immaterial by whom violence etc. to be caused. [ib.s.49.] Breaking and entering church, etc., and committing felony. [ib.s.50.][cf. No. 3 of 1903.] Burglary by breaking out. [24 & 25 Vict.c.96 s. 51.] Burglary. [ib.s.52.] [cf.No.3 of 1903.] Explanation as to building within curtilage. [ib.s.53.] Entering dwelling house at night with intent. [ib.s.54.] Breaking into building not being part of dwelling house, and committing felony. [ib.s.55.][cf. NO. 3 of 1903.] Breaking into dwelling house, etc., and committing felony. [ib.s.56.][cf. No. 3 of 1903.] Breaking into dwelling house, etc., with intent. [24 & 25 Vict.c.96 s.57.] Being armed with intent to break and enter dwelling house, at night. [ib.s.58.][cf. No.3 of 1903.] Conviction under s. 46 after previous conviction. [ib.s.59.] Stealing in dwelling house. [ib.s.60.][cf. No. 8 of 1903.] Stealing in dwelling house with menace. [24 & 25 Vict.c.96 s.61.] Stealing from vessel, etc. [ib.s.63.] [cf. No. 3 of 1903.] Plundering ship in distress, etc. [ib.s.64.] [cf. No. 3 of 1903.] Person in possession of shipwrecked goods not satisfactorily accounting. [ib.s.65.] Power to seize ship-wrecked goods offered for sale. [24 & 25 Vict.c.96 s.66.] Larceny by clerk or servant. [ib.s.67.][cf. No.3 of 1903.] Embezzlement by clerk or servant. [ib.s.68.] [cf. No.3 of 1903.] Stealing or embezzlement by partner of partnership property. [31 & 32 Vict.c.116 s.1.] Larceny by person in public service or in police force. [24 & 25 Vict.c.96 s.69.] Embezzlement by person in public service or in police force. [ib.s.70.] Form of warrant, etc., under ss. 57 and 58. [ib.s.70.] Person indicted for embezzlement as clerk, etc., not to be acquitted if offence turns out to be larceny; and vice versa. [24 & 25 Vict.c.96 s.72.] Stealing by tenant or lodger of chattel or fixture let with house or lodging. [ib.s.74.][cf. No.3 of 1903.] Fraudulent misappropriation of property. [1 Edw. VII, c. 10 s. 1.] Fraudulent conversion of property entrusted for sale. [24 & 25 Vict.c.96 s. 77.] Fraudulent pledging by factor of goods entrusted. [ib.s. 78.] Explanation of terms as to offences by factors or agents. [24 & 25 Vict.c.96 s. 79.] Fraudulent disposition of property by trustee. [24 & 25 Vict.c.96 s. 80.] Fraudulent appropriation by director, etc., of property. [24 & 25 Vict.c.96 s. 81.] Keeping by director, etc., of fraudulent accounts. [ib.s.82.] Fraudulent destruction by director, etc., of documents. [ib.s.83.] Making by director, etc., of false and fraudulent statement. [ib.s.84.] Exemption from liability to prosecution under ss. 62-71 for compulsory disclosure. [24 & 25 Vict.c.96 s. 85.] Saving of remedies at law and in equity. [ib.s.86.] Falsification of book, etc., by clerk, etc., with intent to defraud. [38 & 39 Vict.c.24 ss. 1,2.] Obtaining chattel, etc., by false pretence. [24 & 25 Vict.c. 96 s. 88.] Where property delivered to person not making false pretence. [ib.s.89.] Causing person by fraud to execute deed. [ib.s.90.] Personation in order to obtain property. [37 & 38 Vict.c.36 ss. 1, 2.] Receiving stolen property where principal in guilty of felony. [24 & 25 Vict.c.96 s. 91.] [cf. No. 6 of 1900 s. 37 and 1903.] Receipt or possession of property stolen abroad. [59 & 60 Vict.c.52 s.1.] Indictment for stealing and receiving. [24 & 25 Vict.c.96 s. 92.][cf. No. 6 of 1900 s. 37.] Inclusion of separate receivers in same indictment in absence of principal. [ib.s.93.][cf.No.6 of 1900 s.37.] Persons jointly receiving may be convicted separately. [ib.s.94.][cf. No. 6 of 1900 s. 37.] Receiving where principal has been guilty of misdemeanor. [ib.s.95.][cf. No. 6 of 1900 s. 37 and No. 3 of 1903.] Receiving where principal is punishable on summary conviction. [24 & 25 Vict.c.96 s. 97.][cf. No. 6 of 1900 s. 37.] Punishment of principals in second degree, accessories, and abettors. [ib.s.98.][cf. No. 4 of 1875 s. 12 and No. 6 of 1900 s. 37.] Abettors in offences punishable on summary conviction . [ib.s.99.][cf. No.4 of 1875 s.12 and No. 6 of 1900 s.37.] Right of owner of stolen property prosecuting thief or receiver to conviction to have restitution of his property. [24 & 25 Vict.c.96 s. 100.] [cf. No. 4 of 1875 s. 12.] Taking reward for helping to recover stolen property without bringing offender to trial. [ib.s.101.][cf. No. 3 of 1903.] Advertising reward for return of stolen or lost property. [ib.s.102.] Power to apprehend without warrant person found committing offence. [24 & 25 Vict.c.96 s. 103.] [cf. No.4 of 1875 s. 12.] Apprehension of person loitering at night and suspected of felony. [ib.s.104.] Application of forfeiture or penalty on summary conviction. [24 & 25 Vict.c.96 s. 106.] First offenders. [ib.s.108.] [cf. No. 4 of 1875 s. 12.] Summary conviction to bar any other proceeding for the same cause. [ib.s.109.] [cf. No. 4 of 1875 s. 12.] Evidence of good character on trial for second or subsequent offence. [ib.s.116.] [cf. No. 4 of 1875 s. 12.] Fine and sureties for keeping the peace. [24 & 25 Vict c.96 s. 117.] [cf. No. 4 of 1875 s. 12.]

Short title. [24 & 25 Vict.c.96.] Interpretation of terms. [ib.s.1.] All larcenies to be of the same nature. [24 & 25 Vict.c.96 s.2.] Fraudulent conversion of property by hailee. [ib.s.3.] Simple larceny. [ib.s.4.] Power to order flogging of juvenile male offenders. [cf. No. 3 of 1903.] Larceny after conviction for felony. [24 & 25 Vict.c.96 s.5.][cf. No. 3 of 1903.] Larceny after conviction of indictable misdemeanor under the Ordinance. [ib.s.7.][cf. No.3 of 1903.] Larceny after two summary convictions. [ib.s.9.][cf. No. 3 of 1903.] Stealing horse, bull, ram, etc. [ib.s.10] [cf. No. 3 of 1903.] Stealing goat, boar, etc. [cf. No. 3 of 1903.] Killing animal with intent to steal carcase. [24 & 25 Vict.c.96 s.11.] Stealing dog. [ib.s.18.] Possession of stolen dog. [ib.s.19.] Taking money to restore dog. [ib.s.20.] Stealing beast or bird ordinarily kept in confinement. [ib.s.21.] Punishment of person found in possession of stolen bird etc. [24 & 25 Vict.c.96 s.22.] Killing house-dove or pigeon. [ib.s.23.] Stealing valuable security [ib.s.27.] Stealing document of title of lands. [24 & 25 Vict.c.96 s.28.] [cf.No. 3 of 1903.] Stealing will. [ib.s.29.][cf.No.3 of 1903.] Stealing record or other legal document. [24 & 25 Vict.c.96 s.30.][cf. No. 3 of 1903.] Stealing metal, glass, wood, etc., fixed to building or land. [ib.s.31.] Stealing trec, etc., growing in pleasure ground or elsewhere. [24 & 25 Vict.c.96 s. 32.] Stealing small tree, etc., wherever growing. [ib.s.33.] Stealing live or dead fence, etc. [24 & 25 Vict.c.96 s.34.] Suspected person in possession of tree, and not accounting for it. [ib.s.35.] Stealing plant, etc., growing in garden, etc. [ib.s.36.] Stealing cultivated plant, etc., not growing in garden. [24 & 25 Vict.c.96 s.37.] Stealing electricity. [see s.5. and cf.45 & 46 Vict. C. 56 s.23.] Robbery or stealing from the person. [24 & 25 Vict.c.96 s.40.][cf.No.3 of 1890 s. 85 and No. 3 of 1903.] Assault with intent to rob. [ib.s.42.] Robbery or assault by person armed, or by two or more, or robbery and wounding. [ib.s.43.] [cf. No. 3 of 1903.] Sending letter demanding money with menaces. [24 & 25 Vict.c.96 s.44.] [cf. No. 3 of 1903.] Demanding property with menaces with intent. [ib.s.45.] [cf.No.3 of 1903.] Sending letter threatening to accuse of crime, with intent to extort. [ib.s.46.][cf. No 3 of 1903.] Accusing or threatening to accuse of crime with intent to extort. [24 & 25 Vict.c. 96 s.47.][cf. No. 3 of 1903.] Inducing person by violence or threat to execute deed, etc., with intent to defraud. [ib.s.48.] [cf.No.3 of 1903.] Immaterial by whom violence etc. to be caused. [ib.s.49.] Breaking and entering church, etc., and committing felony. [ib.s.50.][cf. No. 3 of 1903.] Burglary by breaking out. [24 & 25 Vict.c.96 s. 51.] Burglary. [ib.s.52.] [cf.No.3 of 1903.] Explanation as to building within curtilage. [ib.s.53.] Entering dwelling house at night with intent. [ib.s.54.] Breaking into building not being part of dwelling house, and committing felony. [ib.s.55.][cf. NO. 3 of 1903.] Breaking into dwelling house, etc., and committing felony. [ib.s.56.][cf. No. 3 of 1903.] Breaking into dwelling house, etc., with intent. [24 & 25 Vict.c.96 s.57.] Being armed with intent to break and enter dwelling house, at night. [ib.s.58.][cf. No.3 of 1903.] Conviction under s. 46 after previous conviction. [ib.s.59.] Stealing in dwelling house. [ib.s.60.][cf. No. 8 of 1903.] Stealing in dwelling house with menace. [24 & 25 Vict.c.96 s.61.] Stealing from vessel, etc. [ib.s.63.] [cf. No. 3 of 1903.] Plundering ship in distress, etc. [ib.s.64.] [cf. No. 3 of 1903.] Person in possession of shipwrecked goods not satisfactorily accounting. [ib.s.65.] Power to seize ship-wrecked goods offered for sale. [24 & 25 Vict.c.96 s.66.] Larceny by clerk or servant. [ib.s.67.][cf. No.3 of 1903.] Embezzlement by clerk or servant. [ib.s.68.] [cf. No.3 of 1903.] Stealing or embezzlement by partner of partnership property. [31 & 32 Vict.c.116 s.1.] Larceny by person in public service or in police force. [24 & 25 Vict.c.96 s.69.] Embezzlement by person in public service or in police force. [ib.s.70.] Form of warrant, etc., under ss. 57 and 58. [ib.s.70.] Person indicted for embezzlement as clerk, etc., not to be acquitted if offence turns out to be larceny; and vice versa. [24 & 25 Vict.c.96 s.72.] Stealing by tenant or lodger of chattel or fixture let with house or lodging. [ib.s.74.][cf. No.3 of 1903.] Fraudulent misappropriation of property. [1 Edw. VII, c. 10 s. 1.] Fraudulent conversion of property entrusted for sale. [24 & 25 Vict.c.96 s. 77.] Fraudulent pledging by factor of goods entrusted. [ib.s. 78.] Explanation of terms as to offences by factors or agents. [24 & 25 Vict.c.96 s. 79.] Fraudulent disposition of property by trustee. [24 & 25 Vict.c.96 s. 80.] Fraudulent appropriation by director, etc., of property. [24 & 25 Vict.c.96 s. 81.] Keeping by director, etc., of fraudulent accounts. [ib.s.82.] Fraudulent destruction by director, etc., of documents. [ib.s.83.] Making by director, etc., of false and fraudulent statement. [ib.s.84.] Exemption from liability to prosecution under ss. 62-71 for compulsory disclosure. [24 & 25 Vict.c.96 s. 85.] Saving of remedies at law and in equity. [ib.s.86.] Falsification of book, etc., by clerk, etc., with intent to defraud. [38 & 39 Vict.c.24 ss. 1,2.] Obtaining chattel, etc., by false pretence. [24 & 25 Vict.c. 96 s. 88.] Where property delivered to person not making false pretence. [ib.s.89.] Causing person by fraud to execute deed. [ib.s.90.] Personation in order to obtain property. [37 & 38 Vict.c.36 ss. 1, 2.] Receiving stolen property where principal in guilty of felony. [24 & 25 Vict.c.96 s. 91.] [cf. No. 6 of 1900 s. 37 and 1903.] Receipt or possession of property stolen abroad. [59 & 60 Vict.c.52 s.1.] Indictment for stealing and receiving. [24 & 25 Vict.c.96 s. 92.][cf. No. 6 of 1900 s. 37.] Inclusion of separate receivers in same indictment in absence of principal. [ib.s.93.][cf.No.6 of 1900 s.37.] Persons jointly receiving may be convicted separately. [ib.s.94.][cf. No. 6 of 1900 s. 37.] Receiving where principal has been guilty of misdemeanor. [ib.s.95.][cf. No. 6 of 1900 s. 37 and No. 3 of 1903.] Receiving where principal is punishable on summary conviction. [24 & 25 Vict.c.96 s. 97.][cf. No. 6 of 1900 s. 37.] Punishment of principals in second degree, accessories, and abettors. [ib.s.98.][cf. No. 4 of 1875 s. 12 and No. 6 of 1900 s. 37.] Abettors in offences punishable on summary conviction . [ib.s.99.][cf. No.4 of 1875 s.12 and No. 6 of 1900 s.37.] Right of owner of stolen property prosecuting thief or receiver to conviction to have restitution of his property. [24 & 25 Vict.c.96 s. 100.] [cf. No. 4 of 1875 s. 12.] Taking reward for helping to recover stolen property without bringing offender to trial. [ib.s.101.][cf. No. 3 of 1903.] Advertising reward for return of stolen or lost property. [ib.s.102.] Power to apprehend without warrant person found committing offence. [24 & 25 Vict.c.96 s. 103.] [cf. No.4 of 1875 s. 12.] Apprehension of person loitering at night and suspected of felony. [ib.s.104.] Application of forfeiture or penalty on summary conviction. [24 & 25 Vict.c.96 s. 106.] First offenders. [ib.s.108.] [cf. No. 4 of 1875 s. 12.] Summary conviction to bar any other proceeding for the same cause. [ib.s.109.] [cf. No. 4 of 1875 s. 12.] Evidence of good character on trial for second or subsequent offence. [ib.s.116.] [cf. No. 4 of 1875 s. 12.] Fine and sureties for keeping the peace. [24 & 25 Vict c.96 s. 117.] [cf. No. 4 of 1875 s. 12.]

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