PART IV. The Criminal Law Consolidation Act.-1876. or the ore of any metal, metalliferous stone, or any coal, from any mine, bed, or vein thereof respectively, or from any claim, or from 24 and 25 Vic.. c. 96, any land comprised in any lease for mining purposes, granted or to 8. 38. Fraudulently removing ore, &c., from mines. Robbery from the person. be granted by or on behalf of the Crown, shall be guilty of felony, and being convicted thereof shall be liable to be imprisoned for any term not exceeding two years, with hard labor. 159. Whosoever being employed in or about any mine or claim, or any land comprised in such lease as aforesaid, shall take, remove, or conceal any gold, or the ore of any metal, or other mineral found or being in such mine, claim, or land, with intent to defraud any proprietor of or any adventurer in such mine, claim, or land, or any workman or miner employed therein, shall be guilty of felony, and being convicted thereof shall be liable to be imprisoned for any term not exceeding four years, with hard labor. Larceny from the Person, and other like Offences: 160. 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 to be 24 and 25 Vic., c. 96, imprisoned for any term not exceeding fourteen years and not less than two years, with hard labor. 8. 40. On trial for robbery Jury may convict of to rob. 161. If, upon the trial of any person upon any information for an assault with intent robbery, it shall appear to the Jury upon the evidence that the prisoner did not commit the crime of robbery, but that he did commit an assault with intent to rob, the prisoner shall not by reason thereof be entitled to be acquitted, but the Jury shall be at 24 and 25 Vic., c. 96, liberty to return as their verdict that the prisoner is guilty of an S. 41. Assault with intent to rob. B. 43. assault with intent to rob, and thereupon such prisoner shall be liable to be punished in the same manner as if he had been convicted upon an information for feloniously assaulting with intent to rob; and no person so tried as is herein lastly mentioned shall be liable to be afterwards prosecuted for an assault with intent to commit the robbery for which he was so tried. 162. Whosoever shall assault any person with intent to rob shall 24 and 25 Vict., c. 96, be guilty of felony, and being convicted thereof, shall (save and except in the cases where a greater punishment is provided by this Act) be liable to be imprisoned for any term not exceeding three years, with hard labor, and may be whipped. 163. 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, shali be imprisoned for life, or for any term not less than three years, with hard labor, and may be whipped. 164. Whosoever The Criminal Law Consolidation Act.-1876. PART IV. 164. Whosoever shall send, deliver, or utter, or directly or indirectly cause to be received, knowing the contents thereof, Letters demanding any letter or writing demanding of any person, with menaces and money by menaces. without any reasonable or probable cause, any property, chattel, 24 and 25 Vic., c. 96, money, valuable security, or other valuable thing, shall be guilty s. 44. of felony, and being convicted thereof, shall be liable to be imprisoned for life, or any term not less than three years, with hard labor. &c., with menaces to steal. 24 and 25 Vic., c. 96, 165. Whosoever shall, with menaces or by force, demand any Demanding money, property, chattel, money, valuable security, or other valuable thing, by force, with intent of any person with intent to steal the same, shall be guilty of felony, and being convicted thereof, shall be liable to be imprisoned for any term not exceeding three years, with hard labor, and may be whipped. s. 45. Letter threatening to with intent to extort. accuse of a crime, s. 46. 166. 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 imprisonment for a longer term than two years, or of any assault with intent to commit a rape, or of any attempt or endeavor to commit any rape, or of any infamous crime as hereinafter defined, with a view or intent in 24 and 25 Vic., c. 9C, any such case to extort or gain by means of such letter or writing any property, chattel, money, valuable security, or other valuable thing, from any person, shall be guilty of felony, and being convicted thereof, shall be liable to be imprisoned for life, or for any Infamous crime determ not less than three years, with hard labor, and may be whipped; fined. and the abominable crime of buggery, committed either with mankind or with beast, and every assault with intent to commit the said abominable crime, and every attempt or endeavor to commit the same abominable crime, and every solicitation, persuasion, promise, or threat, offered or made to any person whereby to move or induce person to commit or permit the said abominable crime, shall be deemed to be an infamous crime within the meaning of this Act. such ing to accuse with in 167. Whosoever shall accuse, or threaten to accuse, either the Accusing or threatenperson to whom such accusation or threat shall be made or any tent to extort. other person, of any of the infamous or other crimes in the last 24 and 25, Vic., c. 96, preceding section mentioned, with the view or intent, in any of the labor. 168. Whosoever shall publish or threaten to publish any libel Threatening to pubupon any other person, or shall directly or indirectly threaten to lish a libel with inor publish, or shall directly or indirectly propose to abstain from printing or publishing, or shall directly or indirectly offer to prevent the printing or publishing of any matter or thing touching any tent to extort. PART IV. Inducing a person by violence or threats to execute deeds, &c., 24 and 25 Vict., c. 96, s. 48. The Criminal Law Consolidation Act.-1876. any other person, with intent to extort any money, or security for money, or any valuable thing, from such or any other person, or with intent to induce any person to confer or procure for any person any appointment, or office of profit or trust, shall, being convicted thereof, be liable to be imprisoned for any term not exceeding three years, with hard labor. 169. Whosoever, with intent to defraud or injure any other person, shall by any unlawful violence to or restraint of, or threat of with intent to defraud. violence to or restraint of, the person of another, or by accusing or threatening to accuse any person of any treason, felony, or infamous crime as hereinbefore defined, compel or 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 to be imprisoned for life, or for any term not less than three years, with hard labor. It shall be immaterial from whom the 170. It shall be immaterial whether the menaces or threats hereinbefore mentioned be of violence, injury, or accusation to be caused 24 and 25 Vict., c. 98, or made by the offender or any other person. menaces proceed. 8. 49. Breaking and entering a church or chapel, and committing any felony. 24 and 25 Vict., c. 96, 8.50. Burglary. Sacrilege, Burglary, or Housebreaking: 171. 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 to be imprisoned for life, or any term not less than three years, with hard labor. 172. Whosoever shall be convicted of the crime of burglary shall 24 and 25 Vict., c. 96, be liable to be imprisoned for life, or any term not less than three years, with hard labor. s. 52. "Night" defined. Same. Burglary by breaking out. 24 and 25 Vict., c. 96, s. 51. 173. For all purposes of this Act 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. 174. Whosoever shall enter the dwelling-house of another with intent to commit any felony therein, or being in such dwelling-house shall commit any felony therein, and shall in either case break out of the said dwelling-house in the night, shall be deemed guilty of burglary, and may be punished accordingly. 175. No The Criminal Law Consolidation Act.-1876. PART IV. deemed part of the 175. No building, although within the same curtilage with any dwelling-house, and occupied therewith, shall be deemed to be part What building within of such dwelling-house for any of the purposes of this Act, unless the curtilage shall be there shall be a communication between such building and dwelling- dwelling-house. house, either immediate, or by means of a covered and enclosed passage leading from the one to the other. 176. 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 to be imprisoned for any term not exceeding seven years, with hard labor. 24 & 25 Vic., c. 96, 8. 53. Entering a dwellingwith intent to commit any felony. house in the night 24 & 25 Vic., c. 96, s. 54. Breaking into any curtilage which is no part of the dwellingany felony. building within the house, and committing 177. Whosoever shall break and enter any building, and commit any felony therein, such building being within the curtilage of a dwelling-house, and occupied therewith, but not being part thereof, according to the provision herein before 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 to be imprisoned for any term not exceeding eight years, with 55. hard labor. 24 & 25 Vic., c. 96, s. 178. Whosoever shall break and enter any dwelling-house, school- Breaking into any house, shop, warehouse, or counting-house, and commit any felony house, &c., and comtherein, or being in any dwelling-house, school-house, shop, ware- mitting any felony. house, or counting-house, shall commit any felony therein, and break 56. out of the same, shall be guilty of felony, and being convicted 24 & 25 Vic., c. 96, s. thereof, shall be liable to be imprisoned for any term not exceeding eight years, with hard labor. with intent to commit any felony. 179. Whosoever shall break and enter any dwelling-house, church, Housebreaking, &c., chapel, meeting-house, or other place of Divine Worship, or any building within the curtilage, shop, warehouse, school-house, or counting-house, with intent to commit any felony therein, shall be guilty of felony, and being convicted thereof, shall be liable to be 24 & 25 Vic., c. 96, imprisoned for any term not exceeding seven years, with hard labor, 8. 57. intent to break or 180. Whosoever shall be found by night, armed with any dangerous Being armed with or offensive weapon or instrument whatever, with intent to break or enter any house in the enter into any dwelling-house, or other building whatsoever, and to night. commit any felony therein, or shall be found by night having in shall lie on such person), any picklock, key, crow, jack, bit, or other implement of housebreaking; or shall be found by night having his face blackened, or otherwise disguised, with intent to commit any felony, or shall be found by night in any dwelling-house or other-building whatsoever, with intent to commit any felony therein, shall be guilty of a misdemeanor, and being convicted thereof, shall be liable to be imprisoned for any term not exceeding seven years, with hard labor and may be whipped. 181. Whosoever shall be convicted of any such 24 & 25 Vict., c. 96, 8. 58. misdemeanor, as The like, after a pre vious conviction for in the last preceding section mentioned, committed after a previous felony, &c. conviction, PART IV. The Criminal Law Consolidation Act.-1876. conviction, either for felony or such misdemeanor, shall, on such 24 & 55 Vic., c. 96, subsequent conviction, be liable to be imprisoned for any term not exceeding ten years, with hard labor. s. 59. Stealing in a dwellinghouse to the value of Five Pounds. 24 & 25 Vic., c. 96, 8. 60. Stealing in a dwelling house, any person fear. Larceny in the House : 182. Whosoever shall steal in any dwelling-house any chattel, money, or valuable security to the value in the whole of Five Pounds or more, shall be guilty of felony, and being convicted thereof, shall be liable to be imprisoned for any term not exceeding eight years, with hard labor. 183. Whosoever shall steal any chattel, money, or valuable security therein put in bodily 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 to be imprisoned for any term not exceeding eight years, with hard labor. 24 & 25 Vic., c. 96, s. 61. Stealing goods in pro Larceny in Manufactories: 184. Whosover shall steal, to the value of Ten Shillings, any cess of manufacture. Woollen, linen, hempen, or cotton yarn, or any goods or article of silk, woollen, linen, cotton, alpaca, or mohair, or of any one or more of those materials mixed with each other or mixed with any other 24 & 25 Vict., c. 96, material, whilst laid, placed, or exposed during any stage, process, or progress of manufacture, in any building, field, or other place, shall be guilty of felony, and being convicted thereof, shall be liable to be imprisoned for any term not exceeding eight years, with hard labor. 8. 62. Stealing from ships, &c Larceny in Ships, Wharfs, &c. : 185. Whosoever shall steal any goods or merchandise in any vessel, barge, or boat of any description whatsoever, or the gear, fittings, or other articles belonging to the same, in any haven, or in any port of entry or discharge, or upon any navigable river or 24 & 25 Vict., c. 96, canal, or in any creek or basin belonging to or communicating with 8. 63. Stealing from ship in distress. any such haven, port, river, or canal, or shall steal any goods or merchandise from any dock, wharf, or quay adjacent to any such haven, port, river, canal, creek, or basin, shall be guilty of felony, and being convicted thereof, shall be liable to be imprisoned for any term not exceeding eight years, with hard labor. 186. Whosoever shall plunder or steal any part of any ship or vessel which shall be in distress or wrecked, stranded, or cast on 24 & 25 Vict., c. 96, 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 to be imprisoned for any term not exceeding eight years, with hard labor. 8. 64. Persons in possession 187. If any goods, merchandise, or articles of any kind, belonging of shipwrecked goods to any ship or vessel in distress or wrecked, stranded, or cast on shore, |