XCVI. In case any person, convicted of any offence punishable 28 Vic. c. 37. upon summary conviction by virtue of this Act, shall have paid the

sum adjudged to be paid, together with costs, under such convic- A summary tion, or shall have received a remission thereof from the Crown conviction or shall have suffered the imprisonment awarded for non-payment shall be a bar thereof, or the imprisonment adjudged in the first instance, or shall have been so discharged from his conviction by any Justice aforesaid, in every such case he shall be released from all further or other proceedings for the same cause.

AS TO OTHER MATTERS.

to any other proceeding for as the same

cause.

trate in certain

XCVII. In every case of larceny, where the articles alleged to Summary have been stolen, shall have formed part of the cargo, or materials power of adof any vessel wrecked or stranded within the limits of the Ba- judication hama Islands, or of any vessel not belonging to the Colony, but vested in Police Magiswhich shall be then in any port, roadstead or anchorage within the same, or shall be the property or alleged property of any person' cases. serving in, or who shall have arrived within the Colony in any such vessel, it shall be lawful for any Police or other salaried Magistrate, if the Superior Court of Criminal Justice is not then in session, upon being satisfied that there are reasonable grounds for believing that the owner or alleged owner of the property charged to have been stolen will depart from the Colony, before the charge can be brought to trial in such Superior Criminal Court, to hear and determine such charge in a summary way; and if the accused shall confess the same, or if, after hearing the case for the prosecution, and for the defence, the Police or other salaried Magistrate, shall find the charge to be proved, then it shall be lawful for such Police or other Magistrate to convict the accused, and to sentence him to imprisonment, with or without hard labour, for any term not exceeding six months.

vested in

XCVIII. Where any person is charged with simple larceny, Summary and the value of the articles alleged to have been stolen shall not power of adexceed forty shillings, it shall be lawful for any Police Magistrate, judication or other salaried Justice, or any other two Justices of the Peace, salaried and to hear and determine such charge, in a summary way; and if the general Jusaccused shall confess the same, or if, after hearing the case for the tices in certain prosecution and for the defence, such Magistrate or Justice shall cases. find the charge to be proved, then it shall be lawful for such Police Magistrate or salaried Justice, or other Justices, as the case may be, to convict the accused and to sentence him to imprisonment, with or without hard labour, for any term not exceeding six months.

XCIX. In every case of summary conviction under this Act the Appeal reguparty convicted shall have a right of appeal to the General Court, lated. as provided for by the Act of Assembly, 10 Vic. c. 11, or as may be provided for by any other Act to be passed regulating appeals.

C. In the case of every felony punishable under this Act, Punishment of every principal in the second degree, and every accessory before principals in the fact, shall be punishable in the same manner as the principal the second in the first degree is by this Act punishable; and every accessory accessories. degree and after the fact to any felony punishable under this Act shall be liable to be imprisoned for any term not exceeding two years, with or without hard labour; and whosoever shall counsel, aid, or abet, the commission of any misdemeanor punishable under this

28 Vic. c. 37. Act, shall be liable to be proceeded against, and punished as a principal offender.

No certiorari, &c.

Mode of proceeding in

cases of summary trials regulated.

Venue in proceedings against persons acting under this Act.

Notice of action.

General issue, &c., may be pleaded.

Commencement of Act.

CI. This section which provided for the punishment of offences committed within the jurisdiction of the Admiralty of England is repealed by 29 Vic. c. 2.

CII. No summary conviction under this Act shall be quashed for want of form, or be removed by certiorari into any of Her Majesty's Superior Courts of Record, and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same.

CIII. Every offence, hereby made punishable on summary conviction, may be prosecuted in the manner directed by the Act of Assembly of the twelfth year of Her Majesty's reign, chapter ten; and in every such case the party accused shall be allowed to make his full answer and defence, and to have all witnesses examined and cross-examined by Counsel or Attorney.

CIV. All actions and prosecutions to be commenced against any person for anything done in pursuance of this Act shall be commenced within six months after the fact committed, and not otherwise; and notice in writing of such action, and of the cause thereof, shall be given to the defendant one month at least before the commencement of the action; and in any such action the defendant may plead the general issue, and give this Act and the special matter in evidence, at any trial to be had thereupon; and no plaintiff shall recover in any such action, if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court after such action brought by, and on behalf of the defendant; and if a verdict shall pass for the defendant, or the plaintiff shall become nonsuit, or discontinue any such action, after issue joined, or if, upon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover his full costs, as between attorney and client, and have the like remedy for the same, as any defendant has by law in other cases; and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant unless the Judge, before whom the trial shall be, shall certify his approbation of the action.

CV. This Act shall commence and take effect on the first day of December, 1865.

4 Vic. c. 31.

PART III.

CLASS IV.

FORGERY, PERJURY, AND FALSE DECLARATIONS.

4 Vic. c. 31. An Act to amend the Laws relative to Forgery. (February 25th, 1841.)

I. Repeals so much of declaratory Act, 40 Geo. 3, c 2, as Repeals declares the following Acts of Parliament to be in force, viz.: certain Acts. 5 Eliz. c. 14; 7 Geo. 2, c. 22; and 2 Geo. 2, c. 25; except so far as the last-mentioned Act relates to perjury and subornation of perjury.

II. That if any person shall forge or alter, or shall offer, utter, dispose of, or put off, knowing the same to be forged or altered, any bill, note, receipt, debenture, or other security, entitling or evidencing the title of any person or persons, or of any body corporate, to any share or interest in any public loan, stock, or fund, whether of the United Kingdom or of any part of it, or of this, or any other of Her Majesty's Colonial Possessions, or of any Foreign state, colony, or possession, or in any fund of any body corporate, company, or society, or in any savings or other bank or banks, or any endorsement on, or assignment of any such bill, note, receipt, debenture, or other security, or any will, testament, codicil, or testamentary writing, or any bill of exchange, or any promissory note, for the payment of money, or any acceptance of any bill of exchange, or any undertaking, warrant, or order, for the payment of money, or any endorsement on, or assignment of, any bill of exchange, or promissory note, undertaking, warrant, or order, for the payment of money, with intent, in any of the cases aforesaid, to defraud any person whatsoever, every such offender shall be guilty of felony, and being convicted thereof shall be liable to be imprisoned for any term not exceeding four years.

III. That if any person shall wilfully make any false entry in, or wilfully alter any word or figure in any of the books of account, kept at the Public Bank of this Colony, or shall in any manner wilfully falsify the account of any owner of any stock of such Bank, or of any depositor of money in such Bank, with intent, in any of the cases aforesaid, to defraud any person whatsoever, every such offender shall be guilty of felony, and being convicted thereof shall be liable to be imprisoned for any term not exceeding four years.

Penalty for forging any note, bill, &c.,

with intent to defraud.

Penalty for wilfully making any false entry in books at the

public bank.

IV. That if any person shall forge or alter, or shall utter, Penalty for knowing the same to be forged or altered, any transfer of any wilfully forgshare or interest of or in any public loan, stock, or fund, which ing, &c., any now is or hereafter may be transferable or payable at the Public stock, or fund, public loan, Bank or at the Public Treasury of these Islands, or of or in the &c., &c. stock or funds of any body corporate, or of any company or society, or shall forge or alter, or shall utter, knowing the same to be forged or altered, any power of attorney, or any other authority, to transfer any share or interest of or in any such public loan, stock or fund, or other stock or fund, as is hereinbefore mentioned,

4 Vic. c. 31. or to receive any dividend or interest money payable in respect of any such share or interest, or shall demand or endeavour to have any such share or interest transferred, or to receive any dividend or interest money payable in respect thereof, by virtue of any such forged or altered power of attorney, or other authority, knowing the same to be forged or altered, with intent, in any of the several cases aforesaid, to defraud any person whatsoever, or if any person shall falsely and deceitfully personate any owner of any such share, interest, or dividend as aforesaid, and thereby transfer, or endeavour to transfer, any such share or interest belonging to such owner, or thereby receive or endeavour to receive any money due to such owner, as if such person was the true and lawful owner, every such offender shall be guilty of felony, and being convicted thereof shall be liable to be imprisoned for any term not exceeding four years.

Penalty for deceitfully personating the owner of any share, &c.

Penalty for forging the handwriting of a witness to power of

attorney.

Penalty for wilfully forging any deed, &c.

Penalty for the unauthorised acknowledgments of a recognizance.

Penalty for the unauthorised engraving any bill of exchange.

V. That if any person shall forge the name or handwriting of any person, as or purporting to be a witness, attesting the execution of any power of attorney or other authority, to transfer any share or interest of or in any such stock, annuity, public fund, or capital stock, as is hereinbefore mentioned, or to receive any dividend payable in respect of any such share or interest, or shall utter any such power of attorney or other authority, with the name or handwriting of any person forged thereon as an attesting witness, knowing the same to be forged, every such offender shall be guilty of felony, and being convicted thereof shall be liable to be imprisoned for any term not exceeding two years.

VI. That if any person shall forge, or alter, or shall offer, utter, dispose of, or put off, knowing the same to be forged or altered, any deed, bond, or writing, obligatory, or any acquittance or receipt, either for money or goods, or for any note, bill, or other security for payment of money, or any warrant, order, or request for the delivery or transfer of goods, or for the delivery of any note, bill, or other security for the payment of money, with intent to defraud any person whatsoever, every such offender shall be guilty of felony, and being convicted thereof shall be imprisoned for any term not exceeding four years.

VII. That if any person shall before any Court, Judge, or other person lawfully authorised to take any recognizance of bail, acknowledge any recognizance of bail, in the name of any other person not privy or consenting to the same, whether such recognizance of bail in either case be or be not filed; or if any person shall, in the name of any other person not privy or consenting to the same, acknowledge any fine, recovery, cognovit actionem, or judgment, or any deed to be enrolled, every such offender shall be guilty of felony, and being convicted thereof shall be imprisoned for any term not exceeding four years.

VIII. That if any person shall engrave, or in anywise make upon any plate whatsoever, or upon any wood, stone, or other material, any bill of exchange, or promissory note, for the payment of money, or any part of any bill of exchange, or promissory note, for the payment of money, purporting to be the bill or note, or part of the bill or note of any person or persons, body corporate, or mercantile company, without the authority of such person or persons, body corporate or company, the proof of which authority shall lie on the party accused, or if any person shall engrave, or

make upon any plate whatever, or upon any wood, stone, or other 4 Vic. c. 31, material, any word or words resembling, or apparently intended to resemble, any subscription subjoined to any bill of exchange or promissory note, for the payment of money issued by any such person or persons, body corporate, or company carrying on the business of bankers without such authority, to be proved as aforesaid; or if any person shall, without such authority, to be proved as aforesaid, use, or shall without lawful excuse, to be proved by the party accused, knowingly have in his custody or possession, any plate, wood, stone, or other material, upon which any such bill or note, or part thereof, or any word or words resembling, or apparently intended to resemble, such subscription, shall be engraved or made: or if any person shall, without such authority, to be proved as aforesaid, knowingly offer, utter, dispose of, or put off, or shall, without lawful excuse to be proved as aforesaid, knowingly have in his custody or possession any paper upon which any part of such bill or note, or any word or words resembling, or apparently intended to resemble, any such subscription, shall be made or printed; every such offender shall be guilty of felony, and being convicted thereof shall be liable to be imprisoned for any term not exceeding three years.

IX. That when any person shall be convicted of any offence Discretion as punishable under this Act, it shall be lawful for the Court to to punishment sentence the offender to be imprisoned with or without hard of offenders. labour, within or without the walls of any lawful prison within these Islands, and also to direct that the offender shall be kept in solitary confinement, for any portion or portions of such imprisonment, or of such imprisonment with hard labour, not exceeding one month at any one time, and not exceeding three months in any one year as to the Court, in its discretion, shall seem meet.

custody," person."

X. That where the having any matter in the custody or pos- Definition of session of any person, is in this Act expressed to be an offence, if the terms any person shall have such matter in his personal custody or possession, or shall knowingly and wilfully have any such matter in any dwelling-house or other building, lodging, apartment, field, or other place, open or enclosed, whether belonging to or occupied by himself or not, and whether such matter shall be so had for his own use, or for the use or benefit of another, every such person shall be deemed and taken to have such matter in his custody or possession, within the meaning of this Act, and where the committing any offence with intent to defraud any person whatsoever is made punishable by this Act, in every such case the word person" shall, throughout this Act, be deemed to include Her Majesty, or any foreign prince or state, or any body corporate, or any company or society of persons not incorporated, or any person or number of persons whatsoever who may be intended to be defrauded by such offence, whether such body corporate, company, society, person, or number of persons whatsoever, who may be intended to be defrauded by such offence, shall reside or carry on business within these Islands or elsewhere, in any place or country, whether under the dominion of Her Majesty or not; and it shall be sufficient in any indictment to name one person only of such company, society, or number of persons, and to allege the offence to have been committed with intent to defraud the person so named and another, or others, as the case may be.