"Valuable security."

28 Vic. c. 37. and shall include the heir, or personal representative, of any such trustee, and any other person upon or to whom the duty of such trust shall have devolved, or come, and also an executor and administrator, and an official manager, assignee, liquidator, or other like officer acting under any present or future Act relating to joint-stock companies, bankruptcy, or insolvency: The term "valuable security" shall include any order, acquittance, or other security whatsoever, entitling or evidencing the title of any person or body corporate to any share or interest in any public stock or fund, or in any fund of any body corporate, company or society, or to any deposit in any bank, and shall also include any debenture, deed, bond, bill, note, warrant, order or other security whatsoever for money or for payment of money, and any document of title to lands or goods as hereinbefore defined: The term "property" shall include every description of real and personal property, money, debts and legacies, and all deeds and instruments relating to or evidencing the title or right to any property or giving a right to recover or receive any money or goods, and shall also include, not only such property as shall have been originally in the possession or under the control of any party, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise: For the purpose of this Act, the night shall be deemed to commence at seven of the clock in the evening of each day, and to conclude at five of the clock in the morning of the next succeeding day.

66

'Property."

"Night."

All larcenies to be of the

same nature.

Bailees fraudulently con

II. Every larceny, whatever be 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 before the tenth day of December, one thousand eight hundred and thirty-eight.

III. Whosoever, being a bailee of any chattel, money or valuable security, shall fraudulently take or convert the same to his own use or the use of any person, other than the owner thereof, perty guilty of although he shall not break bulk or otherwise determine the baillarceny.

verting pro

Punishment for simple larceny.

Three larcenies within six

ment, shall be guilty of larceny, and may be convicted thereof upon an information for larceny; but this section shall not extend to any offence punishable on summary conviction.

IV. Whosoever shall be convicted of simple larceny, or of any felony hereby made punishable like simple larceny, shall (except in the cases hereinafter otherwise provided for) be liable, at the discretion of the Court, to be kept in penal servitude for the term of three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping.

V. It shall be lawful to insert several counts in the same information against the same person for any number of distinct acts months may be of stealing, not exceeding three, which may have been committed by him against the same person, within the space of six months from the first to the last of such acts, and to proceed thereon for all or any of them.

charged in one information.

Where a single taking is charged and

several takings

VI. If upon any trial for larceny it shall appear that the property alleged in the information to have been stolen at one time was taken at different times, the prosecuting officer shall not by

reason thereof be required to elect upon which taking he will pro- 28 Vic. c. 37. ceed, unless it shall appear that there were more than three takings,

or that more than the space of six months elapsed between the first at different and the last of such takings; and in either of such last-mentioned times are cases the prosecuting officer shall be required to elect to proceed proved. for such number of takings, not exceeding three, as appear to have taken place within the period of six months from the first to the last of such takings.

VII. Whosoever shall commit the offence of simple larceny Larceny after after a previous conviction for felony, whether such conviction a conviction shall have taken place before a Superior Court of Criminal Law, for felony. or by summary conviction before a Justice or Justices of the Peace, under any Statute Law of the Colony, shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding ten years, and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping.

misdemeanor

Larceny after

two summary

convictions.

VIII. Whosoever shall commit the offence of simple larceny or Larceny after any offence hereby made punishable like simple larceny, after conviction of having been previously convicted of any misdemeanor punishable an indictable under this Act, or after having been twice summarily convicted now under this of any of the offences punishable upon summary conviction, Act. under the provisions of any Act relating to malicious injuries to property (whether each of the convictions shall have been in respect of an offence of the same description or not, and whether such convictions, or either of them, shall have been, or shall be before, or after the passing of this Act), shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding seven years, and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping.

AS TO LARCENY of Cattle, OR OTHER ANIMALS.

IX. Whosoever shall steal any horse, mare, gelding, colt or Stealing filly, or any bull, cow, ox, heifer or calf, or any ram, ewe, sheep horses, cows, or lamb, or any mule, ass, hog or pig, shall be guilty of felony, sheep, &c. and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding fourteen years, and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement.

X. Whosoever shall wilfully kill any animal, with intent to Killing animals steal the carcase, skin or any part of the animal so killed, shall with intent to be guilty of felony, and being convicted thereof shall be liable to steal the carthe 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.

case, &c.

XI. Whosoever shall steal any dog shall, on conviction thereof Stealing dogs. before two Justices of the Peace, either be committed to any

lawful prison within the Colony, there to be imprisoned, or to

1867.

G

28 Vic. c. 37. be imprisoned and kept to hard labour for any term not exceeding six months, or shall forfeit and pay over and above the value of the said dog such sum of money, not exceeding twenty pounds, as to the said Justices shall seem meet; and Second offence. whosoever, having been convicted of any such offence either against this or any former Act, shall afterwards steal any dog shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding eighteen months, with or without hard labour.

Possession of stolen dogs.

XII. Whosoever shall unlawfully have in his possession, or on his premises, any stolen dog, or the skin of any stolen dog, knowing such dog to have been stolen, or such skin to be the skin of a stolen dog, shall, on conviction thereof before two Justices of the Peace, be liable to pay such sum of money, not exceeding twenty pounds, as to such Justices shall seem meet; Second offence. and whosoever, having been convicted of any such offence, either against this or any former Act, shall afterwards be guilty of any such offence as in this section before mentioned, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding eighteen months, with or without hard labour. XIII. Whosoever shall corruptly take any money or reward, directly or indirectly, under pretence, or upon account of aiding any person to recover any dog which shall have been stolen, or which shall be in the possession of any person not being the owner thereof, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding eighteen months, with or without hard labour.

Taking money

to restore

dogs.

Stealing beasts

or birds ordi

confinement,

and not the subjects of larceny.

XIV. Whosoever shall steal any bird, beast or other animal, narily kept in ordinarily kept in a state of confinement, or for any domestic purpose, not being the subject of larceny at common law, or shall wilfully kill any such bird, beast or animal, with intent to steal the same or any part thereof, shall, on conviction thereof before a Justice of the Peace, at the discretion of the Justice, either be committed to any lawful prison within the Colony, there to be imprisoned only, or to be imprisoned and kept to hard labour for any term not exceeding six months, or else shall forfeit and pay, over and above the value of the bird, beast or other animal, such sum of money, not exceeding twenty pounds, as to the Justice Second offence. shall seem meet; and whosoever, having been convicted of any such offence, either against this or any former Act, shall afterwards commit any offence in this section before mentioned, and shall be convicted thereof in like manner, shall be committed to any lawful prison within the Colony, there to be kept to hard labour for such term not exceeding twelve months as the convicting Justice shall think fit.

Persons found in possession of stolen beasts, &c.

liable to forfeiture.

XV. If any such bird, or any of the plumage thereof, or any dog, or any such beast, or the skin thereof, or any such animal, or any part thereof, shall be found in the possession, or on the premises of any person, any Justice may restore the same respectively to the owner thereof; and any 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,

shall be so found (such person knowing that the bird, beast or 28 Vic. c. 37. 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 beast, or that the part is a part of a stolen animal), shall, on conviction before a Justice of the Peace, be liable, for the first offence, to such forfeiture, and for every subsequent offence, to such punishment, as any person convicted of stealing any beast or bird is made liable to by the last preceding section.

XVI. Whosoever shall unlawfully and wilfully kill, wound or Killing take any house dove or pigeon, under such circumstances as shall pigeons. not amount to larceny at common law, shall, on conviction before a Justice of the Peace, forfeit and pay, over and above the value of the bird, any sum not exceeding two pounds.

AS TO LARCENY OF FISH AND TURTLE.

any water

XVII. Whosoever shall unlawfully and wilfully take, or destroy Taking fish, any fish, turtle or other shell-fish in any water which shall run turtle or other through, or be in any land adjoining or belonging to the dwelling- shell-fish in house of any person being the owner of such water, or having a situate on land right of fishery therein, or being in any pond, or crawl, in which belonging to such fish or turtle, or other shell-fish, may have been placed, shall a dwellingbe guilty of a misdemeanor; and whosoever shall unlawfully and house; in a wilfully take or destroy, or attempt to take or destroy, any fish, private fishery turtle, or other shell-fish, in any water, or other place not being such as hereinbefore mentioned, but which shall be private property, or in which there shall be any private right of fishery, shall, on conviction thereof before a Justice of the Peace, forfeit and pay, over and above the value of the fish, turtle, or other shell-fish taken or destroyed (if any), such sum of money, not exceeding five pounds, as to the Justice shall seem meet.

elsewhere.

XVIII. If any person shall at any time be found fishing, or The tackle of turtling against the provisions of this Act, the owner of the fishers may ground, water, or fishery, where such offender shall be found, his be seized. servant, or any person authorized by him, may demand from such offender any rod, line, hook, net, or other implement for taking or destroying fish which shall then be in his possession, and, in case such offender shall not immediately deliver up the same, may seize and take the same from him for the use of such owner.

AS TO LARCENY OF WRITTEN INSTRUMENTS.

XIX. Whosoever shall steal, or shall for any fraudulent pur- Bonds, bills, pose, destroy, cancel or obliterate, the whole or any part of any notes, &c. 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, so 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.

XX. Whosoever shall steal, or shall for any fraudulent purpose Deeds, &c., destroy, cancel, obliterate or conceal, the whole or any part of relating to real any document of title to lands, shall be guilty of felony, and being property.

Form of information.

28 Vic. c. 37. convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for the term of three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement; and in any information for any such offence relating to any document of title to lands, it shall be sufficient to allege such document to be or to contain evidence of the title, or of part of the title of the person, or of some one of the persons having an interest, whether vested on contingent, legal or equitable, in the real estate to which the same relates, and to mention such real estate or some part thereof.

Wills or codicils.

Form of information.

Stealing re

cords or other legal docu

ments.

XXI. Whosoever shall, either during the life of the testator or after his death, steal, or for any fraudulent purpose destroy, cancel, obliterate or conceal, the whole or any part of any will, codicil or other testamentary instrument, whether the same shall relate to real or personal estate, or to both, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life, or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement; and it shall not in any information for such offence be necessary to allege that such will, codicil or other instrument is the property of any person; provided that nothing in this or the last preceding section mentioned, nor any proceeding, conviction or judgment to be had or taken thereupon, shall prevent, lessen or impeach any remedy at law or in equity which any party aggrieved by any such offence might or would have had, if this Act 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 in this and the last preceding section mentioned by any evidence whatever, in respect of any act done by him, if he shall at any time previously to his being charged with such offence have first disclosed such act, on oath, in consequence of any compulsory process of any Court of law or equity in any action, suit or proceeding, which shall have been bonâ fide instituted by any party aggrieved, or if he shall have first disclosed the same in any compulsory examination or deposition before any Court upon the hearing of any matter in bankruptcy or insolvency.

XXII. Whosoever shall steal, or shall for any fraudulent purpose take from its place of deposit for the time being, or from any person having the lawful custody thereof, or shall unlawfully and maliciously cancel, obliterate, injure or destroy the whole or any part of any record, writ, return, panel, process, interrogatory, deposition, affidavit, rule, order or warrant of attorney, or of any original document whatsoever of or belonging to any Court of Record, or relating to any matter, civil or criminal, begun, depending or terminating in any such Court, or of any bill, petition, answer, interrogatory, deposition, affidavit, order or decree, or of any original document whatsoever of or belonging to any Court of Equity, or relating to any cause or matter begun, depending or terminated in any such Court, or the whole or any part of any record of or belonging to any office of record, or of any original document in anywise relating to the business of any office or em