Forgery. XLVI. Whosoever shall after the Commencement of this Other PunishOrdinance be convicted of an Offence which shall have been sub- ments substijected by any Enactment or Enactments in Force in this Colony tuted for those to the same Pains and Penalties as are imposed by the Act of of 5 Eliz. c. 14. the Imperial Parliament passed in the Fifth Year of the Reign of Queen Elizabeth, intituled An Act against Forgers of false Deeds and Writings for any of the Offences first enumerated in the said Act, shall be guilty of Felony, and shall, in lieu of such Pains and Penalties, 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. Capital before the 1 Wm. 4, not otherwise punishable under this Ordinance, shall be punished with Penal c. 66, and are Servitude for XLVII. Where by any Enactment now in Force in this All Forgeries Colony any Person falsely making, forging, counterfeiting, erasing, which were or altering any Matter whatsoever, or uttering, publishing, offering, disposing of, putting away, or making use of any Matter whatsoever, knowing the same to have been falsely made, forged, counterfeited, erased, or altered, or any Person demanding or endeavouring to receive or have any Thing, or to do or cause to be done any Act, upon or by virtue of any Matter whatsoever, knowing such Matter to have been falsely made, forged, counterfeited, erased, or altered, would according to the Provisions contained in any such Enactment be guilty of Felony and would before the passing of the Act of the First Year of King William the Fourth, Chapter Sixty-six, have been liable to suffer Death as a Felon; or where by any Enactment now in Force in this Colony any Person falsely personating another, or falsely acknowledging any Thing in the Name of another, or falsely representing any other Person than the real Party to be such real Party, or wilfully making a false Entry in any Book, Account, or Document, or in any Manner wilfully falsifying any Part of any Book, Account or Document, or wilfully making a transfer of any Stock, Annuity, or Fund in the Name of any Person not being the Owner thereof, or knowingly taking any false Oath, or knowingly making any false Affidavit, false Affirmation or false Declaration or demanding or receiving any Money or other Thing by virtue of any Probate or Letters of Administration, knowing the Will on which such Probate shall have been obtained to have been false or forged, or knowing such Probate or Letters of Administration to have been obtained by means of any false Oath, false Affirmation or false Declaration would according to the Provisions contained in any such Act, be guilty of Felony, and would before the passing of the said Act of the First Year of King William the Fourth have been liable to suffer Death as a Felon; or when by any Enactment now in Force any Person making or using, or knowingly having in his Custody or Possession, any Frame, Mould, or Instrument for the making of Paper, with certain words visible in the Substance thereof, or any Person making such Paper, or causing certain Words to appear visible in the Substance of any Paper would, according to the Provisions contained in any such Enactment, be guilty of Felony, and would before the passing of the said Act of the First Year of King William the Fourth have been G g Principals in Fine and Sure ties for keeping the Peace; in what Cases. Hard Labour. Solitary Confinement. Commencement of Ordi nance. Forgery. been liable to suffer Death as a Felon; then, and in each of the several Cases aforesaid, if any Person shall after the Commencement of this Ordinance be convicted of any such Felony as is herein-before in this Section mentioned, or of aiding, abetting, counselling, or procuring the Commission thereof, and the same shall not be punishable under any of the other Provisions of this Act, every such Person 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. XLVIII. 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; and every Accessory after the Fact to any Felony punishable under this Ordinance shall on Conviction be liable, at the Discretion of the Court, to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement; and every Person who shall aid, abet, counsel, or procure the Commission of any Misdemeanor punishable under this Ordinance shall be liable to be proceeded against, indicted, and punished as a principal Offender. XLIX. Whenever any Person shall be convicted of a Misdemeanor under this Ordinance it shall be lawful for the Court, if it shall think fit, in addition to or in lieu of any of the Punishments by this Ordinance authorized, to fine the Offender, and to require him to enter into his own Recognizances, and to find Sureties, both or either, for keeping the Peace, and being of good Behaviour; and in all Cases of Felonies in this Ordinance mentioned it shall be lawful for the Court, if it shall think fit, to require the Offender to enter into his own Recognizances, and to find Sureties, both or either, for keeping the Peace, in addition to any of the Punishments by this Ordinance authorized Provided that no Person shall be imprisoned under this Clause for not finding Sureties for any Period exceeding One Year. L. Whenever Imprisonment, with or without Hard Labour, may be awarded for any Offence under this Ordinance, the Court may sentence the Offender to be imprisoned, or to be imprisoned and kept to Hard Labour, and in either Case the Sentence shall be carried out in accordance with the Provisions of Ordinance No. 4. of 1863, Section XV. LI. Whenever Solitary Confinement may be awarded for any Offence under this Ordinance, the Court may direct the Offender to be kept in Solitary Confinement for any Portion or Portions of his Imprisonment, or of his Imprisonment with Hard Labour, not exceeding One Month at any One Time, and not exceeding Three Months in any One Year. LII. This Ordinance shall commence and take effect on the Fourteenth Day of June, in the Year One Thousand Eight hundred and Sixty-five. Larceny, &c. No. 7. OF 1865. An Ordinance to consolidate and amend the Enactments in Title. Force in this Colony relating to Larceny and other similar Offences. WE [3rd June, 1865.] HEREAS it is expedient to consolidate and amend the Preamble. ' and other similar Offences: Be it enacted by His Excellency Interpretation I. In the Interpretation of this Ordinance : of Terms: The Term "Document of Title to Goods" shall include any "Document of Bill of Lading, India Warrant, Dock Warrant, Warehouse Title to Keepers' Certificate, Warrant or Order for the Delivery Goods." 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 authorizing or purporting to authorize, either by Indorsement or by Delivery, the Possessor of such Document to transfer or receive any Goods thereby represented or therein mentioned or referred to: The Term "Trustee" shall mean a Trustee on some express Trust created by some Deed, Will, or Instrument in Writing, and shall include the Heir, or personal Representative, of any such Trustee, and any other Person upon or to whom the Duty of such Trust shall have devolved or come, and also an Executor and Administrator and an Official Manager, Assignee, Liquidator or other like Officer acting under any present or future Act relating to Joint Stock Companies, Bankruptcy or Insolvency : "Trustee." The Term "valuable Security" shall include any Order or "Valuable The Term "Property" shall include every Description of "Property." "Night." All Larcenies to Nature. Larceny, &c. exchanged, and any Thing acquired by such Conversion or Exchange, whether immediately or otherwise. For the purposes of this Ordinance, the Night shall be deemed to commence at Nine of the Clock in the Evening of each Day, and to conclude at Six of the Clock in the Morning of the next succeeding Day. II. Every Larceny, whatever be the Value of the Property be of the same 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 the Twenty-first Day of June, One Thousand Eight Hundred and Twenty-Seven. Bailees fraudu lently converting Property Guilty of Lar ceny. Punishment for Simple Larceny. Larceny after a Conviction for Felony. Larceny after dinance. 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, although he shall not break Bulk or otherwise determine the Bailment, shall be guilty of Larceny, and may be convicted thereof upon an Information for Larceny. IV. Whosoever shall be convicted of Simple Larceny, or of any Felony hereby made punishable like Simple Larceny, shall (except in the Cases herein-after 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. Whosoever shall commit the Offence of Simple Larceny after a previous Conviction for Felony 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. VI. Whosoever shall commit the Offence of Simple Larceny, or any Offence hereby made punishable like Simple Larceny, after having been previously convicted of any indictable Misdeunder this Or- meanor punishable under this Ordinance, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Seven Years, and not less than Three Years, -or to be imprisoned for any 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. Larceny after Convictions. VII. Whosoever shall commit the Offence of Simple Larceny, or any Offence hereby made punishable like Simple Larceny, after having been twice summarily convicted of any of the Offences punishable upon Summary Conviction, under the Provisions contained in any Enactment in Force in this Colony (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 Ordinance) shall be guilty of Felony, and being convicted thereof, shall be liable, at the Discretion of the Court, to Larceny, &c. 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. VIII. Whosoever shall steal any Horse, Mare, Gelding, Colt, Stealing or Filly, or any Bull, Cow, Ox, Heifer, or Calf, or any Ram, Ewe, Horses, Cows, Sheep, or Lamb, shall be guilty of Felony, and being convicted Sheep, &c. thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Fourteen Years and not less than Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement, and, if a Male under the Age of Sixteen Years, with or without Whipping. IX. Whosoever shall steal any Goat, or Kid, whether male or Stealing Goats female, or any Boar, Sow, Hog, or Pig, shall be guilty of Felony, and Pigs. and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for the Term of Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement, and, if a Male under the Age of Sixteen Years, with or without Whipping. X. Whosoever shall wilfully kill any Animal, with Intent to steal the Carcase, Skin, or any Part of the Animal so killed, shall be guilty of Felony, and being convicted thereof shall be liable to the same Punishment as if he had been convicted of feloniously stealing the same, provided the Offence of stealing the Animal so killed would have amounted to Felony. Killing Animals with Intent to steal the Carcase, &c. XI. Whosoever shall steal any Dog shall, on Conviction thereof Dog stealing. before any Police Magistrate, either be committed to the Common Gaol, there to be imprisoned, or to be imprisoned and kept to Hard Labour, for any Terin not exceeding Six Months, or shall forfeit and pay, over and above the value of the said Dog, such Sum of Money, not exceeding One Hundred Dollars, as to the said Magistrate shall seem meet;-and whosoever, having been Subsequent convicted of any such Offence, either against this or any former Offence. Enactment in Force in this Colony, shall afterwards steal any Dog, shall be guilty of a Misdemeanor, and being convicted thereof shall be liable, at the Discretion of the Court, to be imprisoned for any Term not exceeding Eighteen Months, with or without Hard Labour. XII. Whosoever shall unlawfully have in his Possession or on Possession of his Premises any stolen Dog, or the Skin of any stolen Dog, stolen Dogs. knowing such Dog to have been stolen, or such Skin to be the Skin of a stolen Dog, shall, on Conviction thereof before a Police Magistrate, be liable to pay such Sum of Money, not exceeding One Hundred Dollars, as to such Magistrate shall seem meet ;and whosoever, having been convicted of any such Offence, either against this or any former Enactment in Force in this Colony, Gg3 shall |