An Act to consolidate the Law relating to Crimes and the Practice in Criminal Courts. [2nd June, 1864.]

Be it enacted by the Queens Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Victoria in this Parliament assembled and by the authority of the same as follows that is to say –

Commencement and title of Act.

  1. This Act shall commence and come into operation in the first day of January in the year of our Lord One thousand eight hundred and sixty-five. It shall be called and may be cited as “The Criminal Law and Practice Statute 1864” and is divided into Ten Parts as follows –

PART 1 – OFFENCES AGAINST THE PERSON.

  • Homicide ss. 3-7.
  • Attempts to Murder ss. 8-12.
  • Letters threatening to Murder s. 13.
  • Acts causing Danger to Life or Bodily Harm ss. 14-31.
  • Assaults ss. 32-41.
  • Rape Abduction and Defilement of Women ss. 42-52.
  • Child Stealing s. 53.
  • Bigamy s. 54.
  • Attempts to procure Abortion ss. 55-56.
  • Concealing Birth of Child s. 57.
  • Making Gunpowder for committing Offences s. 61

PART 2 – Larceny and similar Offences.

  • Larceny in General ss. 63-71.
  • Larceny of Cattle or other Animals ss. 72-90.
  • Larceny of Written Instruments ss. 91-95.
  • Larceny of Things attached to or growing on Land ss. 96-103.
  • Larceny from Mines ss. 104-107.
  • Larceny from the Person and like Offences ss. 108-117.
  • Sacrilege Burglary and Housebreaking ss. 118-128.
  • Larceny in the House ss. 129-130.
  • Larceny in Manufactories &c. ss. 131-133.
  • Larceny in Ships Wharfs &c. ss. 134-137.
  • Larceny or Embezzlement by Clerks Servants or Persons in the Public Service ss. 138-141.
  • Larceny by Tenants or Lodgers s. 142.
  • Frauds by Agents Bankers or Factors ss. 143-148.
  • Obtaining Money &c. by False Pretences ss. 149-153.

PART 3 – Malicious Injuries to Property.

  • Injuries by Fire to Buildings and Goods ss. 154-161
  • Injuries by Explosive Substances to Buildings and Goods therein ss. 162-163.
  • Injuries to Buildings by Rioters ss. 164-165.
  • Injuries to Buildings by Tenants s. 166.
  • Injuries to Manufactures Machinery ss. 167-168.
  • Injuries to Corn Trees and Vegetable Productions ss. 169-177.
  • Injuries to Fences s. 178.
  • Injuries to Mines ss. 179-182.
  • Injuries to Sea and River Banks and to Works on Rivers Canals &c. ss. 183-184
  • Injuries to Ponds s. 185.
  • Injuries to Bridges Viaducts and Toll Bars ss. 186-187.
  • Injuries to Railway Carriages and Telegraphs ss. 188-191.
  • Injuries to Works or Art ss. 192.
  • Injuries to Cattle and other Animals ss. 193-194.
  • Injuries to Ships ss. 195-202.
  • Sending Letters Threatening to Burn or Destroy s. 203.
  • Injuries not before provided for s. 204.
  • Making Gunpowder for Committing Offences searching for the same s. 205.
  • Miscellaneous Provisions ss. 206-207.

PART 4 – Forgery.

  • Forging Her Majesty’s Seals and other Seals ss. 208-209.
  • Forging Transfers of Stock &c. ss. 210-212.
  • Forging India Bonds s. 213.
  • Forging Exchequer Bills &c. s. 214.
  • Forging Stamps of the United Kingdom s. 215.
  • Forging Bank Notes ss. 216-217.
  • Making and Engraving Plates &c. for Bank Notes &c. ss. 218-223.
  • Forging Deeds Wills Bills of Exchange &c. ss. 224-229.
  • Forging Records Process Instruments od Evidence &c. ss. 230-232.
  • Forging Registers of Deeds &c. ss. 233-234.
  • Forging Orders &c. of Justices of the Peace s. 235.
  • Forging Names &c. of Officers of Courts &c. s. 236.
  • Falsely acknowledging Recognizances &c. s. 237.
  • Forging Marriage Licenses &c. 238-239.
  • Forging Registers &c. of Births Deaths and Marriages s. 240.
  • Demanding Property upon Forged Instruments s. 241.
  • Miscellaneous Provisions ss. 242-245.

PART 5 – Coinage Offences.

  • Coinage Offences ss. 246-270.

PART 6 – Perjury.

  • Perjury ss. 271-272.

PART 7 – Principles in the second-degree Accessories Receivers and Abettors.

  • Principles in the Second-Degree s. 273.
  • Accessories before the Fact s. 274.
  • Accessories after the Fact s. 275-277.
  • Receivers ss. 278-280.
  • Accessories generally ss. 281-282.
  • Abettors in Misdemeanours s. 283.
  • Abettors in Offences punishable summarily s. 284.

PART 8 – Subsequent & other Felonies.

  • Subsequent and other Felonies ss. 285-286.

PART 9 – Punishment the Incidents and the Remission thereof.

  • Sentences for Indictable Offences ss. 287-301.
  • Awards &c. in Cases of Summary Conviction ss. 302-307.
  • Execution of Capital and other Sentences ss. 308-317.
  • Commutation Mitigation and Remission ss. 318-320.

PART 10 – Pleading and Procedure.

  • Discharge without Prosecution s. 321.
  • Venue &c. ss. 322-330
  • Joinder of Defendants in certain Cases s. 331.
  • What Information and Instruments shall suffice and avail ss. 332-352.
  • Objections to Information’s how taken Power of Amendment s. 353.
  • Postponement of Trial s. 354.
  • Court Fees not Payable by Defendants s. 355.
  • Arraignments Plea &c. ss. 356-363.
  • Defence s. 364.
  • Variances and Amendment s. 365.
  • Verdict ss. 366-380.
  • Evidence &c. in certain Cases ss. 381-386.
  • Amendments no to prejudice after Verdict &c. ss. 387-388.
  • Crown Cases reserved ss. 389-392.
  • Power to commit for Perjury s. 393.
  • Judgement good after Verdict in certain Cases s. 394.
  • Costs ss. 395-397.
  • No Certiorari &c. s. 398.
  • Restitution of Property stolen &c. ss. 399-400.
  • Apprehension of Offenders and Search Warrants ss. 401-410.
  • Miscellaneous ss. 411-412.
  1. The Acts and parts of Acts mentioned in the First Schedule to the extent to which the same are thereby expressed to be repealed shall be and the same are hereby repealed. Provided that every offence which shall have been wholly or partly committed against any of the said Acts or parts of Acts before this Act come into operation shall be dealt with inquired of tried determined and punished and every penalty in respect of every such offence shall be recovered in the same manner as if the said Acts and parts of Acts had not been repealed and that every act duly done and every warrant and other instrument duly made or granted before this Act comes into operation shall continue and be of the same force and effect as if the said Act and parts of Acts had not been repealed and that every right liability privilege and protection in respect of any matter or thing committed or done before this Act comes into operation shall continue and be of the same force and effect as if the said Act and parts of Acts had not been repealed and that every action prosecution and other proceeding which shall have been commenced before this Act comes into operation or shall thereafter be commenced in respect of any such matter or thing may be prosecuted continued and defended in the same manner as if the said Acts and parts of Acts had not been repealed.

PART 1 – OFFENCES AGAINST THE PERSON.

Homicide.

  1. Whosoever shall be convicted of murder shall suffer death as a felon.
  2. All persons who shall conspire confederate and agree to murder any person whether he be a subject of Her Majesty or not and whether he be within the Queen’s dominions or not and whosoever shall solicit encourage persuade or endeavour to persuade or shall propose to any person to murder any other person whether he be a subject of Her Majesty or not and whether he be within the Queen’s dominions or not shall be guilty of a misdemeanour and being convinced thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  3. Whosoever shall be convicted of manslaughter shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years or to pay such fine as the Court shall award in addition to or without any such other discretionary punishment as aforesaid.
  4. No punishment or forfeiture shall be incurred by any person who shall kill another by misfortune or in his own defence or in any other manner without felony.
  5. Every offence which before the twenty-seventh day of June in the year of our Lord One thousand eight hundred and twenty-eight would have amounted to petit treason shall be deemed to be murder only and no greater offence and all persons guilty in respect thereof whether as principals or as accessories shall be dealt with indicted tried and punished as principals and accessories in murder.

Attempts to Murder.

  1. Whosoever shall administer to or cause to be administered to or to be taken by any person any poison or other destructive thing or shall by any means whatsoever wound any person or cause to any person any bodily injury dangerous to life with intent in any of the cases aforesaid to commit murder shall be guilty of felony and being convicted thereof shall suffer death.
  2. Whosoever by the explosion of gunpowder or other explosive substance unlawfully and maliciously destroy or damage any building with intent to commit murder or whereby the life of any person shall be endangered shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  3. Whosoever shall unlawfully and maliciously set fire to any ship or vessel or any part thereof or any part of the tackle apparel or furniture thereof or any goods or chattels being therein or shall cast away any vessel with intent in any of such cases to commit murder or whereby the life of any person shall be endangered shall be guilty of felony and being convicted thereof shall suffer death.
  4. Whosoever shall attempt to administer to or shall attempt to cause to be administered to or to be taken by any person any poison or other destructive thing shall shoot at any person or shall by drawing a trigger or in any other manner attempt to discharge any kind of loaded arms at any person or shall attempt to drown suffocate or strangle any person with intent in any of the cases aforesaid to commit murder shall whether any bodily injury be effected or not be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  5. Whosoever shall by any means other than those specified in any of the preceding sections of this Act attempt to commit murder shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.

Letters threatening to Murder.

  1. Whosoever shall maliciously send deliver or utter or directly or indirectly cause to be received knowing the contents thereof any letter or writing threatening to kill or murder any person shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.

Acts causing or tending to cause Danger to Life or bodily Harm.

  1. Whosoever shall unlawfully and maliciously prevent or impede any person being on board of or having quitted any ship or vessel which shall be in distress o wrecked stranded or cast on shore in his endeavour to save his life or shall unlawfully and maliciously prevent or impede any person in his endeavour to save the life of any such person as in this section first aforesaid shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  2. Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person or shoot at any person or by drawing a trigger or in any other manner attempt to discharge any kind of loaded arms at any person with intent in any of the cases aforesaid to maim disfigure or disable any person or to do some other grievous bodily harm to any person or with intent to resist or prevent the lawful apprehension or detainer of any person shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  3. Any gun pistol or other arms which shall be loaded in the barrel with gunpowder or any other explosive substance and ball shot slug or other destructive material shall be deemed to be loaded arms within the meaning of this Act although the attempt to discharge the same may fail from want of proper priming or from any other cause.
  4. Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person either with or without any weapon or instrument shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any tern not exceeding three years.
  5. Whosoever shall by any means whatsoever attempt to choke suffocate or strangle any other person or shall by any means calculated to choke suffocate or strangle attempt to render any other person insensible unconscious or incapable of resistance with intent in any of such cases thereby to enable himself or any other person to commit or with intent in any of such cases thereby to assist any other person in committing any indictable offence shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  6. Whosoever shall unlawfully apply or administer to or cause to be taken by or attempt to apply or administer to or attempt to cause to be administered to or taken by any person any chloroform laudanum or other stupefying or overpowering drug matter or thing with intent in any of such cases thereby to enable himself or any other person to commit or with intent in any of such cases thereby to assist any other person in committing any indictable offence shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding seven years.
  7. Whosoever shall unlawfully and maliciously administer to or cause to be administered to or taken by any other person any poison or other destructive or noxious thing so as thereby to endanger the life of such person or so as thereby to inflict upon such person any grievous bodily harm shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  8. Whosoever shall unlawfully and maliciously administer to or cause to be administered to or taken by any other person any poison or other destructive or noxious thing with intent to injure aggrieve or annoy such person shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding two years.
  9. Whosoever being legally liable either as a master or mistress to provide for any apprentice or servant necessary food clothing or lodging shall wilfully and without lawful excuse refuse or neglect to provide the same or shall unlawfully and maliciously do or cause to be done any bodily harm to any such apprentice or servant so that the life of such apprentice or servant shall be endangered or the health of such apprentice or servant shall have been or shall be likely to be permanently injured shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding two years.
  10. Whosoever shall unlawfully abandon or expose any child being under the age of two years whereby the life of such child shall be endangered or the health of such child shall have been or shall be likely to be permanently injured shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding three years.
  11. Whosoever by negligently doing or omitting to do any act shall cause grievous bodily injury to any other person shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding two years.
  12. Whosoever shall unlawfully and maliciously by the explosion of gunpowder or other explosive substance burn maim disfigure disable or do any grievous bodily harm to any person shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  13. Whosoever shall unlawfully and maliciously cause any gunpowder or other explosive substance to explode or send or deliver to or cause to be taken or received by any person any explosive substance or any other dangerous or noxious thing or put or lay at any place or cast or throw at or upon or otherwise apply to any person any corrosive fluid or any destructive or explosive substance with intent in any of the cases aforesaid to burn maim disfigure or disable any person or to do some grievous bodily harm to any person shall whether any bodily injury be effected or not be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  14. Whosoever shall unlawfully and maliciously place or throw in into upon against or near any building ship or vessel any gunpowder or other explosive substance with intent to do any bodily injury to any person shall whether or not any explosion take place and whether or not any bodily injury be effected be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  15. Whosoever shall set or place or cause to be set or placed any spring-gun man-trap or other engine calculated to destroy human life of inflict grievous bodily harm with the intent that the same or whereby the same may destroy or inflict grievous bodily harm upon a trespasser or other person coming in contact therewith shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding three years and whosoever shall knowingly and wilfully permit any such spring-gun man-trap or other engine which may have been set or placed in any place then being in or afterwards coming into his possession or occupation by some other person to continue so set or placed shall be deemed to have set and placed such gun trap or engine with such intent as aforesaid. Provided that nothing in this section contained shall extend to make it illegal to set or place any gun or trap such as may have been or may be usually set or placed with the intent of destroying vermin. Provided also that nothing in this section shall be deemed to make it unlawful to set or place or cause to be set or placed or to be continued set or placed from sunset to sunrise any spring-gun man-trap or other engine which shall be set placed or caused or continued to be set or placed in a dwelling house for the protection thereof.
  16. Whosoever shall unlawfully and maliciously put or throw upon or across any railway any wood stone or other matter or thing or shall unlawfully and maliciously take up remove or displace any rail sleeper or other matter or thing belonging to any railway or shall unlawfully and maliciously turn move or divert any points or other machinery belonging to any railway or shall unlawfully and maliciously make or show hide or remove any signal or light upon or near to any railway or shall unlawfully and maliciously do or cause to be done any other matter or thing with intent in any of the cases aforesaid to endanger the safety of any person travelling or being upon such railway shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  17. Whosoever shall unlawfully and maliciously throw or cause to fall or strike at against into or upon any engine tender carriage or truck used upon any railway any wood stone or other matter or thing with intent to injure or endanger the safety of any person being in or upon such engine tender carriage or truck or in or upon any other engine tender carriage or truck of any train of which such first-mentioned engine tender carriage or truck shall form part shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  18. Whosoever by any unlawful act or by any wilful omission or neglect shall endanger or cause to be endangered the safety of any person conveyed or being in or upon a railway or shall aid or assist therein shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding two years.

Assaults.

  1. Whosoever shall by threats or force obstruct or prevent or endeavour to obstruct or prevent any clergyman or other minister in or from celebrating divine service or otherwise officiating in any church chapel meeting-house or other place of divine worship or in or from the performance of his duty in the lawful burial of the dead in any church-yard cemetery or other burial place or shall strike or offer any violence to or shall upon any civil process or under the pretence of executing any civil process arrest any clergyman or other minister who is engaged in or to the knowledge of the offender is about to engage in any of the rites or duties in this section aforesaid or who to the knowledge of the offender shall be going to perform the same or returning from the performance thereof shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding two years.
  2. Whosoever shall assault and strike or wound any magistrate officer or other person whatsoever lawfully authorized in or on account of the exercise of his duty in or concerning the preservation of any vessel in distress or of any vessel goods or effects wrecked stranded or cast on shore or lying under water shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding five years.
  3. Whosever shall assault any person with intent to commit felony or shall assault resist or wilfully obstruct any peace officer in the due execution of his duty or any person acting in aid of such officer or shall assault any person with intent to resist or prevent the lawful apprehension or detainer of himself or of any other person for any offence shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding two years.
  4. Whosoever shall beat or use any violence or threat of violence to any person with intent to deter or hinder him from buying selling or otherwise disposing of or to compel him to buy sell or otherwise dispose of any wheat or other grain flour meal malt or potatoes in any market or other place or shall beat or use any such violence or threat to any person having the care to charge of any wheat or other grain flour meal malt or potatoes whilst on the way to or from any city market town or other place with intent to stop the conveyance of the same shall on conviction thereof before two justices be liable to be imprisoned for any term not exceeding three months. Provided that no person who shall be punished for any such offence by virtue of this section shall be punished for the same offence by virtue of any other law whatsoever.
  5. Whosoever shall unlawfully and with force hinder or prevent any seaman keel man or caster from working at or exercising his lawful trade business or occupation or shall beat or use any violence to any such person with intent to hinder or prevent him from working at or exercising the same shall on conviction thereof before two justices be liable to be imprisoned for any term not exceeding three months. Provided that no person who shall be punished for any offence by reason of this section shall be punished for the same offence by virtue of any other law whatsoever.
  6. Whosoever in pursuance of any unlawful combination or conspiracy to raise the rate of wages or of any unlawful combination or conspiracy respecting any trade business or manufacture or respecting any person concerned or employed therein shall unlawfully assault any person shall be guilty of a misdemeanour an being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding two years.
  7. Where any person shall unlawfully assault or beat any other person any two justices may hear and determine such offence and the offender shall upon conviction thereof at the discretion of the justices either be imprisoned for any term not exceeding three months or else shall forfeit and pay such fine as shall appear to such justices to be meet not exceeding the sum of ten pounds and if such fine shall be so awarded shall not be paid either immediately after the conviction or within such period as the said justices shall at the time of the conviction appoint may commit the offender to gaol to be imprisoned for any term not exceeding three months unless such fine be sooner paid.
  8. When any person shall be charged before two justices with an assault or battery upon any male child whose age shall not in the opinion of such justices exceed fourteen years or upon any female the said justices if the assault or battery is of such an aggravated nature that it cannot in their opinion be sufficiently punished under the provisions hereinbefore contained as to common assaults and batteries may proceed to hear and determine the same in a summary way and if the same be proved may convict the person accused and every such offender shall be liable to be imprisoned for any period not exceeding six months or to pay a fine not exceeding together with costs the sum of twenty pounds and in default of payment to be imprisoned for any period not exceeding six months unless such fine and costs be sooner paid and if the justices shall so think fit in any of the said cases shall be bound to keep the peace and be of good behaviour for any period not exceeding six months from the expiration of such sentence.
  9. If any person against whom any such information for any such offence as in either of the last two preceding sections mentioned shall have been preferred having been convicted shall have paid the whole amount adjudged to be paid or have suffered the imprisonment awarded or the information shall have been dismissed in every such case he shall be released from all further or other criminal proceedings for the same but shall remain liable to all civil proceedings in like manner as if he had not been so convicted.
  10. In case the justices shall find the assault or battery complained of to have been accompanied by any attempt to commit felony or shall be of opinion that the same is from any other circumstance a fit subject for a prosecution by information as for an indictable offence they shall abstain from any adjudication thereupon and shall commit the person charged with such offence for trial in the usual way.

Rape Abduction and Defilement of Women.

  1. Whosoever shall be convicted of the crime of rape shall be guilty of felony and shall suffer death.
  2. Whosoever shall be convicted of an attempt to commit or of an assault with intent to commit the crime of rape shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  3. Whosoever shall by false pretences false representations or other fraudulent means procure any woman or girl under the age of twenty-one to have illicit carnal connexion with any man shall be guilty of misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding two years.
  4. Whosoever shall unlawfully and carnally know and abuse any girl under the age of ten years shall be guilty of felony and being convicted thereof shall suffer death.
  5. Whosoever shall be convicted of any attempt or assault with intent unlawfully and carnally to know and abuse any girl under the age of ten years shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years and such verdict of assault may be found notwithstanding the girl may have consented to the act or acts proved against the person charged.
  6. Whosoever shall unlawfully and carnally know and abuse any girl being above the age of ten years and under the age of twelve years shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years and whosoever shall be convicted of an attempt to commit such misdemeanour shall be liable at the discretion of the Court to be imprisoned for any term not exceeding three years.
  7. Whosoever shall unlawfully and indecently assault any girl under twelve years of age whether such assault be with or without the consent of such girl shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding three years.
  8. Whosoever having been convicted of such misdemeanour as in the fourth section of the Act passed in the eleventh year of Her Majesty numbered thirty or as in the last preceding section of this Act mentioned shall afterwards commit such misdemeanour shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  9. Where any women of any age shall have any interest whether legal or equitable present or future absolute conditional or contingent in any real or personal estate or shall be a presumptive heiress or co-heiress or presumptive next of kin or one of the presumptive next of kin to any one having such interest whosoever shall from motives of lucre take away or detain such woman against her will with intent to marry or carnally know her or to cause her to be married or carnally known by any other person and whosoever shall fraudulently allure take away or detain such woman being under the age of twenty-one years out of the possession and against the will of her father or mother or of any other person having the lawful care or charge of her with intent to marry or carnally know her or to cause her to be married or carnally known by any other person shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years and whosoever shall be convicted of any offence against this section shall be incapable of taking any estate or interest legal or equitable in any real or personal property of such woman or in which she shall have any interest or which shall come to her as such heiress co-heiress or next of kin as aforesaid and if any such marriage as aforesaid shall have taken place such property shall upon such conviction be settled in such manner as the Supreme Court shall upon any information at the suit of the Attorney-General appoint.
  10. Whosoever shall by force take away or detain against her will any woman of any age with intent to marry or carnally know her or to cause her to be married or carnally known by any other person shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  11. Whosoever shall unlawfully take or cause to be taken any unmarried girl being under the age of sixteen years out of the possession and against the will of her father or mother or of any other person having the lawful care or charge of her shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding two years.

Child-stealing.

  1. Whosoever shall unlawfully either by force or fraud lead or take away or decoy or entice away or detain any child under the age of fourteen years with intent to deprive any parent guardian or other person having the lawful care or charge of such child of the possession of such child or with intent to steal any article upon or about the person of such child to whomsoever such article may belong and whosoever shall with any such intent receive or harbor any such child knowing the same to have been by force or fraud led taken decoyed enticed away or detained as in this section before mentioned shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding five years. Provided that no person who shall have claimed any right to the possession of such child or shall be the mother or shall have claimed to be the father of an illegitimate child shall be liable to be prosecuted by virtue hereof on account of the getting possession of such child or taking such child out of the possession of any person having the lawful charge thereof.

Bigamy.

  1. Whosoever being married shall marry any other person during the life of the former husband or wife shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding five years. Provided that nothing in this section contained shall extend to any person marrying a second time whose husband or wife shall have been continually absent from such person for the space of seven years then last past and shall not have been known by such person to be living within that time or shall extend to any person who at the time of such second marriage shall have been divorced from the bond of the first marriage or to any person whose former marriage shall have been declared void by the sentence of any Court of competent jurisdiction.

Attempts to procure Abortion.

  1. Every woman being with child who with intent to procure her own miscarriage shall unlawfully administer to herself any poison or other noxious thing or shall unlawfully use any instrument or other means whatsoever with the like intent and whosoever with intent to procure the miscarriage of any woman whether she be or be not with child shall unlawfully administer to her or cause to be taken by her any poison or other noxious thing or shall unlawfully use any instrument or other means whatsoever with the like intent shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  2. Whosoever shall unlawfully supply or procure any poison or other noxious thing or any instrument or thing whatsoever knowing that the same is intended to be unlawfully used or employed with intent to procure the miscarriage of any woman whether she be or be not with child shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding three years.

Concealing the Birth of a Child.

  1. If any woman shall be delivered of a child every person who shall by any secret disposition of the dead body of the said child whether such child died before at or after its birth endeavour to conceal the birth thereof shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding two years.

Unnatural Offences.

  1. Whosoever shall be convicted of the abominable crime of buggery committed either with any person under the age of fourteen years or with or upon any person with violence and without the consent of such person shall suffer death as a felon and whosoever shall be convicted of the said abominable crime committed either with mankind or with any animal shall in any case in which the offence shall not be punishable under the preceding part of this section be guilty of felony and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding fifteen years.
  2. Whosoever shall attempt to commit either with mankind or with any animal the abominable crime of buggery or shall be guilty of any assault with intent to commit the same or of any indecent assault upon any male person shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  3. Whenever upon the trial for any offence punishable under this Part of this Act it may be necessary to prove carnal knowledge it shall not be necessary to prove the actual emission of seed in order to constitute a carnal knowledge but the carnal knowledge shall be deemed complete upon proof of penetration only.

Making Gunpowder &c. for committing Offences.

  1. Whosoever shall knowingly have in his possession or make or manufacture any gunpowder explosive substance or any dangerous or noxious thing or any machine engine instrument or thing with intent by means thereof to commit or for the purpose of enabling any other person to commit any of the felonies in this Part of this Act mentioned shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding two years.

PART 2 – LARCENY AND SIMILAR OFFENCES.

  1. In the interpretation of this Part of this Act-
    1. The term “document of title to goods” shall include 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 brought and sold note or any other document used in the ordinary course of business as proof of the possession or control of goods authorized 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.
    2. The term “document of title to lands” shall include any deed map paper or parchment written or printed or partly written and partly printed being or containing evidence of the title or any part of the title to any real estate or to any interest in or out of any real estate.
    3. The term “banker” shall include any director of an incorporated banking company.
    4. The term “valuable security” shall include any order exchequer 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 whether of the United Kingdom or of Great Britain or of Ireland or of Victoria or any other British colony or of any foreign state or in any fund of any body corporate company or society whether within the United Kingdom or within Victoria or any other colony or in any foreign state or country 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 whether of the United Kingdom or of Great Britain or of Ireland or of Victoria or any other colony or of any foreign state and any document of title to lands or goods as hereinbefore defined.
    5. The term “cattle” shall include any horse mare gelding colt foal or filly and any bull cow ox steer heifer or calf and any ram ewe sheep or lamb and any male or ass and any pig and any camel alpaca or llama.
    6. For the purposes of this Part 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.

Larceny in General.

  1. 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 first day of April in the year of Our Lord One thousand eight hundred and twenty-eight.
  2. Whosoever being a bailee of any property shall fraudulently take or convert the same to his own use of 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.
  3. Whosoever shall be convicted of simple larceny or of any felony hereby made punishable like simple larceny shall (except in cases otherwise provided for) be liable at the discretion of the Court to be imprisoned for any term not exceeding five years.
  4. Where any person shall be charged before any justices assembled in petty sessions with having committed or having attempted to commit or with having been an aider abettor counsellor or procurer in the commission of any offence which now is or hereafter shall or may be by law deemed or declared to be simple larceny or punishable as simple larceny if the age of such person at the period of the commission or attempted commission of such offence shall not in the opinion of such justices have exceeded the age of sixteen years or where any person shall be charged before any justices so assembled as aforesaid with having committed simple larceny and the value of the whole of the property alleged to have been stolen does not in the judgment of such justices exceed the sum of two pounds or with having attempted to commit larceny from the person or simple larceny it shall be lawful for such justices to hear and determine every such charge in a summary way and if the person charged shall confess the same or if such justices after hearing the whole case for the prosecution and for the defence shall find the charge to be proved then it shall be lawful for such justices to convict the person charged and commit him to gaol there to be imprisoned for any period not exceeding three calendar months or in such cases aforesaid where the offender’s age in the opinion of the justices shall not as aforesaid have exceeded sixteen years either in their discretion so to commit him or adjudge him to forfeit and pay any sum not exceeding three pounds and if they find the offence not proved they shall dismiss the charge upon the party charged finding surety or sureties for his future good behaviour or without such sureties and make out and deliver to the person charged a certificate under their hands stating the fact of such dismissal and every such certificate may be in the form in the second Schedule or to the like effect. Provided always that if the person charged do not consent or where the age of the accused shall not in the opinion of the justices have aforesaid exceeded sixteen years he shall not consent or his parent or guardian shall being present object to have the case heard and determined by such justices or if such justices be of opinion that the charge of from any circumstances fit to be made the subject of prosecution by information as for an indictable offence rather than to be disposed of summarily such justices shall instead of summarily adjudicating thereon deal with the case in all respects as if they had no authority finally to hear and determine the same. Provided also that if upon the hearing of the charge such justices shall be of opinion that there are circumstances in the case which render it inexpedient to inflict any punishment they shall have power to dismiss the person charged without proceeding to a conviction upon his finding surety or sureties for his future good behaviour or without such sureties and every conviction and certificate to be made or given as aforesaid shall contain a statement that the offender consented and in cases in which the parent or guardian is hereunder entitled to object that the parent or guardian if present did not object to the charge being decided summarily.
  5. Where the justices before whom any person is charged as aforesaid propose to dispose of the case summarily under the forgoing provisions one of such justices after the examination of all the witnesses for the prosecution have been completed and before calling upon the person charged for any statement which he may wish to make shall state to such person the substance of the charge against him and shall then say to him these words or words to the like effect- “Do you consent that the charge against you shall be tried by us or do you desire that it shall be sent for trial by a jury” and if the person charged shall consent or (in cases in which the parent or guardian is entitled to object as aforesaid) if such parent or guardian being present shall not object to the charge being summarily tried and determined as aforesaid then the justices shall reduce the charge into writing and read the same to such person and shall then ask him whether he is guilty or not of such charge and if such person shall say that he is guilty the justices shall then proceed to pass such sentence upon him as may by the last preceding section be passed in respect of such offence but if the person charged shall say that he is not guilty the justices shall then inquire of such person whether he has any defence to make to such charge and if he shall state that he has a defence the justices shall hear such defence and then proceed to dispose of the case summarily.
  6. Where any person is charged before any two justices at such petty sessions as aforesaid with simple larceny and the age of the accused may in the opinion of the justices have exceeded sixteen years or the value of the property alleged to have been stolen may exceed two pounds or with stealing from the person or larceny as a clerk or servant and the evidence when the case on the part of the prosecution has been completed is in the opinion of such justices sufficient to put the person charged in his trial for the offence with which he is charged such justices if the case appear to them to be one which may properly be disposed of in a summary way and may be adequately punished by virtue of the powers given by this section shall reduce the charge into writing and shall read it to the said person and shall then ask him whether he is guilty or not of the charge and if such person shall say that he is guilty such justices shall thereupon cause a plea of guilty to be entered upon the proceedings and shall convict him of such offence and commit him to gaol there to be imprisoned for any term not exceeding twelve calendar months. Provided always that the said justices before they ask such person whether he is guilty or not shall explain to him that he is not obliged to plead or answer before them at all and that if he do not plead or answer before them he will be committed for trial in the usual course.
  7. Where any person is charged before any justice with any offence mentioned in any of the three preceding sections of this Act and in the opinion of such justice the case may be such as is required to be or may be proper to be disposed of by justices in petty sessions under the said sections the justice before whom such person is so charged may if he see fit remand such person for further examination to the next petty sessions having jurisdiction to be holden nearest to the place at which such justice shall then be in like manner in all respects as a justice is by law authorized to remand a party accused of an indictable offence.
  8. Every conviction by justices in petty sessions under the four next preceding sections shall have the same effect as a conviction upon an information for the same offence as for an indictable offence would have had save that no conviction under the said sections or any of them shall be attended with any forfeiture.
  9. Every person who obtains a certificate of dismissal or is convicted under the five next preceding sections or any of them shall be released from all further or other criminal proceedings for the same cause.

Larceny of Cattle or other Animals.

  1. Whosoever shall steal any cattle shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  2. Whosoever shall take use or in any manner work any cattle or any goat the property of any other person without the consent of the owner or other person in lawful possession thereof shall be guilty of a misdemeanour and being convicted thereof either as an indictable offence or before two justices in petty sessions in a summary manner shall be liable at the discretion of the Court or justices to be imprisoned for any term not exceeding one year or to pay a fine not exceeding twenty pounds in respect of every head of cattle or of goats so taken used or worked.
  3. In case the justices before whom any person shall be charged with any such misdemeanour as lastly hereinbefore mentioned shall find that the offence charged ought to be dealt with as a charge of felony or shall be of opinion that the same is a fit subject for prosecution by information as for an indictable offence they shall abstain from any adjudication thereupon and shall deal with the case in all respects in the same manner as if they had no authority finally to hear and determine the same but may commit the offender for trial for the felony or misdemeanour as they may see fit.
  4. Whosoever shall wilfully kill any animal with intent to steal the carcass 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.
  5. If the skin or carcass or any part of the skin or carcass of any cattle or goat stolen from any person shall be found in the possession of any other person or on the premises of any other person with his knowledge and such person being taken or summoned before two justices shall not satisfy the justices that he came lawfully by such skin carcass or part thereof respectively he shall on conviction by the justices forfeit and pay any sum not exceeding fifty pounds.
  6. Whosoever shall unlawfully and wilfully course hunt snare or carry away or kill or wound or attempt to kill or wound any deer kept or being in or upon any unenclosed land shall for every such offence on conviction thereof before a justice forfeit and pay such sum not exceeding fifty pounds as to the justice shall seem meet and whosoever having been previously convicted of any offence relating to deer for which a pecuniary penalty shall have been imposed by this or by any former Act shall afterwards commit any of the offences hereinbefore in this section enumerated whether such second offence be of the same description as the first or not shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be punished in the same manner as in the case of simple larceny.
  7. Whosoever shall unlawfully and wilfully course hunt snare or carry away or kill or wound or attempt to kill or wound any deer kept or being in or upon any enclosed land shall be guilty of felony and being convicted thereof shall be liable to be punished in the same manner as in the case of simple larceny.
  8. If any deer or the head skin or other part thereof or any snare or engine for the taking of deer shall be 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 justice shall not satisfy the justice that he came lawfully by such deer or the head skin or other part thereof or had a lawful occasion for such snare or engine and did not keep the same for any unlawful purpose he shall on conviction by the justice forfeit and pay any sum not exceeding twenty pounds and if any such person shall not under the provisions of this section be liable to conviction then for the discovery of the party who actually killed or stole such deer the justice at his discretion as the evidence given and the circumstances of the case shall require may summon before him every person through whose hands such deer or the head skin or other part thereof shall appear to have passed and if the person from whom the same shall have been first received or who shall have had possession thereof shall not satisfy the justice that he came lawfully by the same he shall on conviction by the justice be liable to the payment of such sum of money as is hereinbefore last mentioned.
  9. Whosoever shall unlawfully and wilfully set or use any snare or engine whosoever for the purpose of taking or killing deer in or upon an enclosed land where deer shall usually be kept or shall unlawfully and wilfully destroy any part of the fence of any land where any deer shall then be kept shall on conviction thereof before a justice forfeit and pay such sum of money not exceeding twenty pounds as to the justice shall seem meet.
  10. Whosoever shall unlawfully and wilfully between the expiration of the first hour after sunset and the beginning of the last hour before sunrise take or kill any hare or rabbit in any warren or ground lawfully used for the breeding or keeping of hares or rabbits whether the same be enclosed or not shall be guilty of a misdemeanour and whosoever shall unlawfully and wilfully between the beginning of the last hour before sunrise and the expiration of the first hour after sunset take or kill any hare or rabbit in any such warren or ground or shall at any time set or use therein any snare or engine for the taking of hares or rabbits shall on conviction thereof before a justice forfeit and pay such sum of money not exceeding five pounds as to the justice shall seem meet.
  11. Whosoever shall steal any dog shall on conviction thereof before two justices either be imprisoned for any term not exceeding six months or forfeit and pay over and above the value of the said dog a sum of money not exceeding twenty pounds as to the said justices shall seem meet and 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 misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding eighteen months.
  12. 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 be liable to pay such sum of money not exceeding twenty pounds as to such justices shall seem meet 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 misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding two years.
  13. 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 misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding two years.
  14. Whosoever shall steal 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 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 at the discretion of the justice either be imprisoned 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 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 imprisoned for such term not exceeding twelve months as the convicting justice shall think fit.
  15. If any such bird or any of the plumage thereof or any dog or such beast of 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 on or 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 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 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.
  16. Whosoever shall unlawfully and wilfully kill wound or take any house-dove or pigeon under such circumstances as shall not amount to larceny at common law shall on conviction before a justice forfeit and pay over and above the value of the bird any sum not exceeding two pounds.
  17. Whosoever shall unlawfully and wilfully take or destroy any fish in any water which shall run through or be in any land adjoining or belonging to the dwelling-house of any person being the owner of such water or having a right or fishery therein shall be guilty of a misdemeanour and whosoever shall unlawfully and wilfully take or destroy or attempt to take or destroy any fish in any water 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 forfeit and pay over and above the value of the fish taken or destroyed (if any) such sum of money not exceeding five pounds as to the justice shall seem meet. Provided that nothing hereinbefore contained shall extend to any person angling between the beginning of the last hour before sunrise and the expiration of the first hour after sunset but whosoever shall by angling between the beginning of the last hour before sunrise and the expiration of the first hour after sunset unlawfully and wilfully take or destroy or attempt to take or destroy any fish in any such water as first mentioned shall on conviction before a justice forfeit and pay any sum not exceeding five pounds and if in any such water as last mentioned he shall on the like conviction forfeit and pay any sum not exceeding two pounds as to the justice shall seem meet.
  18. If any person shall at any time be found fishing against the provisions of this Part of this Act the owner of the ground water or fishery where such offender shall be so found his 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. Provided always that any person angling against the said provisions between the beginning of the last hour before sunrise and the expiration of the first hour after sunset from whom any implements used by anglers shall be taken or by whom the same shall be delivered up as aforesaid by the taking or delivering thereof be exempted from the payment of any damages or penalty for such angling.
  19. Whosoever shall steal any oysters or oyster brood from any oyster bed laying or fishery being the property of any other person and sufficiently marked out or known as such shall be guilty of felony and being convicted thereof shall be liable to be punished as in the case of simple larceny and whosoever shall unlawfully and wilfully use any dredge or any net instrument or engine whatsoever within the limits of any oyster bed laying or fishery being the property of any other person and sufficiently marked out or known as such for the purpose of taking oysters or oyster brood although none shall be actually taken or shall unlawfully and wilfully with any net instrument or engine drag upon the ground or soil of any such fishery shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding three months or to pay a fine not exceeding twenty pounds. Provided that nothing in this section contained shall prevent any person from catching or fishing for any floating fish within the limits of any oyster fishery with any net instrument or engine adapted for taking floating fish only.

Larceny of Written Instruments.

  1. Whosoever shall steal or shall for any fraudulent purpose destroy cancel or obliterate 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.
  2. Whosoever shall steal or shall for any fraudulent purpose destroy cancel obliterate or conceal the whole or any part of any document of title to lands shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court be imprisoned for any term not exceeding five years.
  3. 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 imprisoned for any term not exceeding five years.
  4. Nothing in either of the two last preceding sections 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 part aggrieved by any such offence as therein mentioned 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 either of the two last preceding sections 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 bona 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 insolvency.
  5. 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 bill petition answer interrogatory deposition affidavit rule order decree or warrant of attorney or of any original document whatsoever of or belonging to the Supreme Court or any court of record relating to any matter or cause civil or criminal begun depending or terminated in any such court or of any original document in anywise relating to the business of any office or employment under Her Majesty and being or remaining in any office appertaining to any court of justice or in any Government or public office shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding five years.

Larceny of Things attached to or growing on Land.

  1. Whosoever shall steal or shall rip cut sever or break with intent to steal any glass or wood-work belonging to any building whatsoever or 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 any thing made of metal fixed in any land being private property or for a fence to a 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 or cemetery shall be guilty of felony and being convicted thereof shall be liable to be punished as in the case of simple larceny.
  2. Whosoever shall steal or shall cut break root up or otherwise destroy or damage with intent to steal the whole or any part of any tree sapling or shrub or any underwood respectively growing in any park 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 shall exceed the sum of one pound) be guilty of felony and being convicted thereof shall be liable to be punished as in the case of simple larceny and whosoever shall steal or shall cut break root up or otherwise destroy or damage 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 injury done shall exceed the sum of five pounds) be guilty of felony and being convicted thereof shall be liable to be punished as in the case of simple larceny.
  3. Whosoever shall steal or cut break root up or otherwise destroy or damage with intent to steal the whole or any part of any tree sapling or shrub or any underwood wheresoever the same may be respectively growing the stealing of such article or articles or the injury done being to the amount of one shilling at the least shall on conviction thereof before a justice forfeit and pay over and above the value of the article or articles stolen or the amount of the injury done such sum of money not exceeding five pounds as to the justice shall seem meet and whosoever having been convicted of any such offence either against this or any former Act shall afterwards commit any of the said offences in this section before mentioned and shall be convicted thereof in like manner shall for such second offence be imprisoned for such term not exceeding twelve months as the convicting justice shall think fit and whosoever having been twice convicted of any such offence (whether both or either of such convictions shall have taken place before or after the coming into operation of this Act) shall afterwards commit any of the offences in this section before mentioned shall be guilty of felony and being convicted thereof shall be liable to be punished in the same manner as in the case of simple larceny.
  4. Whosoever shall steal or cut break up or otherwise damage or destroy with intent to steal any dead wood lying on land in the occupation of another person the stealing or such wood or the injury done being to the amount of one shilling at the least shall on conviction thereof before a justice forfeit and pay over and above the value of the wood stolen or the amount of injury done such sum of money not exceeding five pounds as to the justice shall seem meet and whosoever having been convicted of any such offence against this or any former Act shall afterwards commit any of the said offences in this section before mentioned and shall be convicted thereof in like manner shall for such second offence forfeit and pay over and above the value of the wood stolen or the amount if injury done such sum of money not exceeding ten pounds as to the justice shall seem meet and whosoever having been twice convicted of any such offence (whether both or either of such convictions shall have taken place before or after the coming into operation of this Act) shall afterwards commit any of the offences in this section before mentioned shall be guilty of felony and being convicted thereof shall be liable to be punished in the same manner as in the case of simple larceny.
  5. Whosoever shall steal or shall cut break or throw down with intent to steal any part of any live or dead fence or any wooden 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 justice forfeit and pay over and above the value of the article or articles so stolen or the amount of the injury done such sum of money not exceeding five pounds as to the justice shall seem meet and whosoever having been convicted of any such offence either against this or any former Act shall afterwards commit any of the said offences in this section before mentioned and shall be convicted thereof in like manner shall be imprisoned for such term not exceeding twelve months as the convicting justice shall think fit.
  6. 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 of gate or any part thereof being of the value of one shilling at the last shall be 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 justice shall not satisfy the justice that he came lawfully by the same he shall on conviction by the justice forfeit and pay over and above the value of the article or articles so found any sum not exceeding two pounds.
  7. Whosoever shall steal or shall destroy or damage with intent to steal any plant root fruit or vegetable production growing in any garden orchard pleasure-ground nursery-ground hot-house green-house or conservatory shall on conviction thereof before a justice at the discretion of the justice either be imprisoned for any term not exceeding six months or else shall forfeit and pay over and above the value of the article or articles so stolen or the amount of the injury done such sum of money not exceeding twenty pounds as to the justice shall seem meet and whosoever having been convicted of any such offence either against this or any former Act shall afterwards commit any of the offences in this section before mentioned shall be guilty of felony and being convicted thereof shall be liable to be punished in the same manner as in the case of simple larceny.
  8. Whosoever shall steal or shall destroy or damage with intent to steal any cultivated root or plant 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 justice at the discretion of the justice either be imprisoned for any term not exceeding one month or else shall forfeit and pay over and above the value of the article or articles so stolen or the amount of the injury done such sum of money not exceeding twenty shillings as to the justice shall seem meet and in default of payment thereof together with the costs (if ordered) shall be imprisoned for any term not exceeding one month unless payment be sooner made and whosoever having been convicted of any such offence either against this or any former Act shall afterwards commit any of the said offences in this section before mentioned and shall be convicted thereof in like manner shall be imprisoned for such term not exceeding six months as the convicting justice shall think fit.

Larceny form Mines.

  1. Whosoever shall steal or sever with intent to steal any gold or the ore of any metal or any lapis calaminaris manganese or mundic or any wad black cawke or black lead or any coal or cannel coal from any mine bed or vein thereof respectively or from any claim or form any land comprised in any lease for mining purposes granted or to be granted by or on behalf of the Crown or the Governor or the Governor in Council shall be guilty of felony and being convicted thereof shall be liable to be punished in the same manner as in the case of simple larceny.
  2. Whosoever being employed in or about any mine or claim or any land comprised in any such lease as aforesaid shall take remove or conceal any gold or the ore or any metal or any lapis calaminaris manganese mundic 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 at the discretion of the Court to be imprisoned for any term not exceeding two years.
  3. Whosoever being the holder of any lease issued under the provisions of any Act relating to the gold fields shall by any fraudulent device or contrivance defraud or attempt to defraud Her Majesty of any gold or money payable or reserved by such lease or shall with such intent as aforesaid conceal or make a false statement as to the amount of gold procured by him shall be guilty of a misdemeanour
  4. Whosoever with intent to defraud his co-partner co-adventurer joint tenant or tenant in common in any claim or in any share or interest in any claim shall secretly keep back or conceal any gold found in or upon or taken from such claim shall be deemed to have been guilty of felony and being convicted of the same shall be liable to be punished in the same manner as in the case of simple larceny.

Larceny from the Person and like Offences.

  1. Whosoever shall rob any person or shall steal and chattel money or valuable security from the person or another shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  2. Whosoever shall assault any person with intent to rob shall 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 at the discretion of the Court to be imprisoned for any term not exceeding three years.
  3. Whosoever shall rob any person and at the time of or immediately before or immediately after such robbery shall wound any person shall be guilty of felony and being convicted thereof shall suffer death.
  4. Whosoever shall being armed with and 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 beat strike or use any other personal violence to any person shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  5. Whosoever shall send deliver or utter or directly or indirectly cause to be received knowing the contents thereof any letter or writing demanding of any person with menaces and without any reasonable or probable cause any property chattel money valuable security or other valuable thing shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  6. Whosoever shall with menaces or by force demand 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 being convicted thereof shall be liable to be imprisoned for any term not exceeding three years.
  7. 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 five years or upwards or of any assault with intent to commit any rape or of any attempt or endeavour to commit any rape or of any infamous crime as hereinafter defined with a view or intent in any such cases 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 at the discretion of the Court to be imprisoned for any term not exceeding fifteen years 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 endeavour to commit the said abominable crime and every solicitation persuasion promise or threat offered or made to any person whereby to move or induce such person to commit or permit the said abominable crime shall be deemed to be an infamous crime within the meaning of this Act.
  8. Whosoever shall accuse or threaten to accuse either the person to whom such accusation or threat shall be made or any other person of any of the infamous or other crimes lastly hereinbefore mentioned with a view or intent in any of the cases last aforesaid 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 being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  9. Whosoever with intent to defraud or injure any other person shall 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 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 of the name of any other person or of any company firm or co-partnership 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 at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  10. It shall be immaterial whether the menaces of threats hereinbefore mentioned be of violence injury or accusation to be caused or made by the offender or by any other person.

Sacrilege Burglary and Housebreaking.

  1. 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 at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  2. Whosoever shall enter the dwelling-house for another with intent to commit any felony therein or being in such dwelling-house shall commit any felony therein shall in either case break out of the said dwelling-house in the night shall be deemed guilty of burglary.
  3. Whosoever shall be convicted of the crime of burglary shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  4. Whosoever shall burglarously break and enter into any dwelling-house and shall assault with intent to murder any person being therein or shall wound beat or strike any such person shall be guilty of felony and being convicted thereof shall suffer death.
  5. 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 Part of this Act unless there shall be 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.
  6. 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 at the discretion of the Court to be imprisoned for any term not exceeding seven years.
  7. 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 provisions hereinbefore 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 at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  8. Whosoever shall break and enter any dwelling-house school-house shop warehouse or counting-house and commit any felony therein or being in any dwelling-house school-house shop warehouse or counting-house shall commit any felony therein and break out of the same shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  9. Whosoever shall break and enter any church chapel meeting-house or other place of divine worship or any dwelling-house or any building within the curtilage school-house shop warehouse or counting-house with intent to commit any felony therein shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding seven years.
  10. Whosoever shall be found by night armed with any dangerous or offensive weapon or instrument whatsoever with intent to break or enter into any dwelling-house or other building whatsoever and to commit any felony therein or shall be found by night having in his possession without lawful excuse (the proof of which excuse shall lie on such person) any picklock key crow jack bit or other implement of house-breaking or shall be found by night having his face blackened or otherwise disguised with intent to commit felony or shall be found by night in any dwelling-house or other building whatsoever with intent to commit any felony therein or within any enclosed yard garden or area without lawful excuse the proof of which excuse shall lie on such person shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding three years.
  11. Whosoever shall be convicted of any such misdemeanour as in the last preceding section mentioned committed after a previous conviction either for felony or such misdemeanour shall on such subsequent conviction be liable at the discretion of the Court to be imprisoned for any term not exceeding seven years.

Larceny in the House.

  1. Whosoever shall steal in any dwelling-house any chattel money or valuable security to the value in whole of five pounds or more shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  2. Whosoever shall steal any chattel money or valuable security 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 at the discretion of the Court to be imprisoned for any term not exceeding ten years.

Larceny in Manufactories &c.

  1. Whosoever shall steal to the value of ten shillings any 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 these materials mixed with each other or mixed with any other 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 at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  2. Whosoever having been entrusted for the purpose of manufacture or for a special purpose connected with manufacture or who shall be employed to make any felt or hat or to prepare or work up any woollen linen fustian cotton iron leather fur hemp flax cotton silk or any such materials mixed one with another or having been so entrusted as aforesaid with any other article materials fabric or thing or with any tools or apparatus for manufacturing the same shall sell pawn purloin secrete embezzle exchange or otherwise fraudulently dispose of the same or any part thereof shall where the case shall not fall within the last preceding section hereof be guilty of a misdemeanour.
  3. Whosoever having been entrusted or employed as in the last preceding section mentioned shall not use all the articles materials or things with or in respect of which he shall have been so as aforesaid entrusted or employed and shall neglect or delay for the space of thirty days after the work for or in respect of which he shall have been so entrusted or employed has been completed to return (if required in writing by the owner of such articles materials or things so to do) so much thereof as shall not be used as aforesaid to the person or persons entrusting him therewith such neglect or delay shall be deemed to be a fraudulent disposition of such articles materials or things so not used as aforesaid within the meaning of the said section but no offender against either this or the last preceding section shall be liable to prosecution unless proceedings be commenced against such offender within six calendar months next after the offence shall have been committed.

Larceny in Ships Wharfs &c.

  1. Whosoever shall steal 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 upon any navigable river or canal or in any creek or basin belonging to or communicating with 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 at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  2. Whosoever shall plunder or steal any part of any ship or vessel which shall be in distress or wrecked 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 being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  3. If any goods merchandise or articles of any kind belonging to any ship or vessel in distress or wrecked stranded or cast on shore shall be 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 justice shall not satisfy the justice that he came lawfully by the same then the same shall by order of the justice be forthwith delivered over to for the use of the rightful owner thereof and the offender shall on conviction of such offence before the justice at the discretion of the justice either be imprisoned for any term not exceeding six months or else shall forfeit and pay over and above the value of the goods merchandise or articles such sum of money not exceeding twenty pounds as to the justice shall seem meet.
  4. If any person shall offer or expose for sale any goods merchandise or articles whatsoever shall have been unlawfully taken or shall be reasonably suspected so to have been taken from any ship vessel in distress or wrecked stranded or cast on shore in every such case any person to whom the same shall be offered for sale or any officer of the Customs or excise or peace officer may lawfully seize the same and shall with all convenient speed carry the same or give notice of such seizure to some justice and if the person who shall have offered or exposed the same for sale being summoned by such justice shall not appear and satisfy the justice that he came lawfully by such goods merchandise or articles then the same shall by order of the justice be forthwith delivered over to or for the use of the rightful owner thereof upon payment of a reasonable reward (to be ascertained by the justice) to the person who seized the same and the offender shall on conviction of such offence by the justice at the discretion of the justice either be imprisoned for any term not exceeding six months or else shall forfeit and pay over and above the value of the goods merchandise or articles such sum of money not exceeding twenty pounds as to the justice shall seem meet.

Larceny or Embezzlement by Clerks Servants or Persons in the Public Service.

  1. Whosoever being a clerk or servant or being employed for the purpose or in the capacity of a clerk or servant shall steal any chattel money or valuable security belonging to or in the possession or power of his master or employer shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  2. Whosoever being a clerk or servant or being employed for the purpose or in the capacity of a clerk or servant shall fraudulently embezzle any chattel money or valuable security which shall be 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 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 being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  3. Whosoever being employed in the public service of Her Majesty in Victoria shall steal any chattel money or valuable security belonging to or in the possession or power of Her Majesty or intrusted to or received or taken into possession by him by virtue of his employment shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  4. Whosoever being employed in the public service of Her Majesty in Victoria and intrusted by virtue of such employment with the receipt custody management or control of any chattel money or valuable security shall embezzle any chattel money or valuable security which shall be intrusted to or received or taken into possession by him by virtue of his employment or any part thereof or in any manner fraudulently apply or dispose of the same or any part thereof to his own use or benefit or for any purpose whatsoever except for the public service of the use or benefit of the person for or on whose account or for whose use or benefit the same shall have been intrusted to or received by him or have come to his possession or control shall be deemed to have feloniously stolen the same from Her Majesty and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.

Larceny by Tenants or Lodgers.

  1. Whosoever shall steal any chattel or fixture let to be used by him or her in or with any house or lodging whether the contract shall have been entered into by him or her or by her husband or by any person on behalf of him or her or her husband shall be guilty of felony and being convicted thereof shall be liable to be punished in the same manner as in the case of simple larceny.

Frauds by Agents Bankers or Factors.

  1. Whosoever having been intrusted either solely or jointly with any other person as a banker merchant broker attorney or other agent with any money or security for the payment of money with any direction in writing to apply pay or deliver such money or security or any part thereof respectively or the proceeds or any part of the proceeds of such security for any purpose or to any person specified in such direction shall in violation of good faith and contrary to the terms of such direction in anywise convert to his own use or benefit or the use or benefit of any person other than the person by whom he shall have been so intrusted such money security or proceeds or any part thereof respectively and whosoever having been intrusted either solely or jointly with any other person as a banker merchant broker attorney or other agent with any chattel or valuable security or any power of attorney for the sale or transfer of any share or interest in any public stock or fund whether of the United Kingdom or any part thereof or of the Colony of Victoria or any other British colony or of any foreign State or in any stock or fund of any body corporate company or society for safe custody or for any special purpose without any authority to sell negotiate transfer or pledge shall in violation of good faith and contrary to the object or purpose for which such chattel security or power of attorney shall have been intrusted to him sell negotiate transfer pledge or in any manner convert to his own use or benefit or the use or benefit of any person other than the person by whom he shall have been so intrusted such chattel or security or the proceeds of the same or any part thereof or the share or interest in the stock or fund to which such power of attorney shall relate or any part thereof shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding seven years but nothing in this section contained relating to agents shall effect any trustee in or under any instrument whatsoever or any mortgagee of any property real or personal in respect to any act done by such trustee or mortgagee in relation to the property comprised in or affected by any such trust or mortgage nor shall restrain any banker merchant broker attorney or other agent from receiving any money which shall be or become actually due and payable or by virtue of any valuable security according to the tenor and effect thereof in such manner as he might have done if this Act had not been passed nor from selling transferring or otherwise disposing of any securities or effects in his possession upon which he shall have any lien claim or demand entitling him by law so to do unless such sale transfer or other disposal shall extend to a greater number or part of such securities or effects than shall be requisite for satisfying such lien claim or demand.
  2. Whosoever being a factor or agent intrusted 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 shall contrary to or without the authority of his principle in that behalf for his use own use or benefit or the use or benefit of any person other than the person by whom he was so intrusted and in violation of good faith make any consignment deposit transfer or delivery of any goods or document of title so intrusted 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 by 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 shall contrary to or without such authority for his own use or the use or benefit of any person other than the person by whom he was so intrusted and in violation of good faith accept 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 misdemeanour and being convicted thereof shall be liable at the discretion of the Court to such punishment as in the last preceding section mentioned and every clerk or other person who shall knowingly and wilfully act and assist in making any such consignment deposit transfer or delivery or in accepting or procuring such advance as aforesaid shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to the like punishment. Provided that no such factor or agent shall be liable to any prosecution for consigning depositing transferring or delivering any such goods or documents of title in case the same shall not be 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 principle together with the amount of any bill of exchange drawn by or on account of such principle and accepted by such factor or agent.
  3. Any factor or agent intrusted 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 intrusted with the possession of the goods or of any other document of title thereto shall be deemed to have been intrusted with the possession of the goods represented by such document of title and every contract pledging or giving a lien upon such document of title as aforesaid shall be deemed to be a pledge of and lien upon the goods to which the same relates and such factor or agent shall be deemed to be possessed of such goods or document whether the same shall be in his actual custody or shall be held by any other person subject to his control or for him or on his behalf and where any loan or advance shall be bona fide made to any factor or agent intrusted with and in possession of any such goods or document of title on the faith of any contract or agreement in writing to consign deposit transfer or deliver such goods or document of title and such goods or document of title shall actually be received by the person making such loan or advance without notice that such factor or agent authorized to 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 preceding section though such goods or document of title shall not actually be received by the person making such loan or advance till the period subsequent thereto and 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 a contract or agreement with such factor or agent and 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 preceding section and a factor or agent in possession as aforesaid of such goods or document shall be taken for the purposes of the last preceding section to have be intrusted therewith by the owner thereof unless the contrary be shown in evidence.
  4. Nothing in any of the last three preceding sections of this Act contained shall enable or entitle any person to refuse to make a full and complete discovery by answer to any bill in equity or to answer any question or interrogatory in any civil proceeding in any court or upon the hearing of any matter in insolvency and no person shall be liable to be convicted of any of the misdemeanours in any of the said sections 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 bona fide instituted by any part 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 insolvency.
  5. Nothing in any of the last four preceding sections of this Act contained nor any proceeding conviction or judgement to be had or taken thereon against any person under any of the said sections shall prevent lessen 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 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.
  6. No misdemeanour against any of the last five preceding sections of this Act shall be prosecuted or tried at any court of general sessions of the peace.

Obtaining Money &c. by false Pretences.

  1. Whosoever shall by any false pretence obtain from any other person any chattel money or valuable security with intent to defraud shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding five years.
  2. Whosoever shall by any false pretence cause or procure 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 preceding section.
  3. Whosoever with intent to defraud or injure any other person shall by any false pretence fraudulently cause or induce any other person to execute make accept indorse 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 co-partnership 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 misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding five years.
  4. Whosoever shall corruptly take any money or reward directly or indirectly under pretence or upon account of helping any person to any chattel money valuable security or other property whatsoever which shall by any felony or misdemeanour have been stolen taken obtained extorted embezzled converted or disposed of as in this Act before mentioned shall (unless he shall have used all due diligence to cause the offender to be brought to justice for the same) be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  5. Whosoever shall publicly advertise a reward for the return of any property whatsoever which shall have been stolen or lost and shall in such advertisement use any words purporting that no questions will be asked or shall make use of any words in any public advertisement purporting that a reward will be given or paid for any property which shall have been stolen or lost without seizing or making any inquiry after the person producing such property or shall promise or offer in any such public advertisement to return to any pawnbroker or other person who may have bought or advanced 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 shall print or publish any such advertisement shall forfeit the sum of fifty pounds 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.

PART THREE – MALICIOUS INJURIES TO PROPERTY.

Injuries by fire to Buildings and Goods therein.

  1. Whosoever shall unlawfully and maliciously set fire to any church chapel meeting-house or other place of divine worship shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  2. Whosoever shall unlawfully and maliciously set fire to any dwelling-house any person being therein shall be guilty of felony and being convicted there of shall suffer death.
  3. Whosoever shall unlawfully and maliciously set fire to any house stable coach-house outhouse warehouse office shop mill malt-house hop-oast barn storehouse granary hovel shed or fold or to any farm building or to any building or erection used in farming land or in carrying on any trade or manufacture or any branch thereof whether the same shall then be in the possession of the offender or in the possession of any other person with intent thereby to injure or defraud any person shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  4. Whosoever shall unlawfully and maliciously set fire to any station engine-house warehouse or other building belonging or appertaining to any railway port dock or harbor or to any canal or other navigation shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  5. Whosoever shall unlawfully and maliciously set fire to any building other than such as are in this Part of this Act before mentioned belonging to the Queen or to the Government of Victoria or to the council or body corporate of any city town borough or shire or the board of any road district or belonging to any university or devoted or dedicated to public use or ornament or erected or maintained by public subscription or contribution shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  6. Whosoever shall unlawfully and maliciously set fire to any building other than such as are in this Part of this Act before mentioned shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  7. Whosoever shall unlawfully and maliciously set fire to any matter or thing being in against or under any building under such circumstances that if the building were thereby set fire to the offence would amount to felony shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  8. Whosoever shall unlawfully and maliciously by any overt act attempt to set fire to any building or any matter or thing being such as in the last preceding section mentioned under such circumstances that if the same were thereby set fire to the offender would be guilty of felony shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.

Injuries by Explosive Substances to Buildings and Goods therein.

  1. Whosoever shall unlawfully and maliciously by the explosion of gunpowder or other explosive substance destroy throw down or damage the whole or any part of any dwelling-house any person being therein and whosoever shall unlawfully and maliciously by such explosion destroy throw down or damage the whole or any part of any building so that the life of any person shall be thereby endangered shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  2. Whosoever shall unlawfully and maliciously place or throw in into upon under against or near any building any gunpowder or other explosive substance with intent to destroy or damage any building or any engine machinery working tools fixtures goods or chattels shall whether or not any explosion take place and whether or not any damage be caused be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.

Injuries to Buildings &c. by Rioters.

  1. If any persons riotously and tumultuously assembled together to the disturbance of the public peace shall unlawfully and with force demolish or pull down or destroy or begin to demolish pull down or destroy any church chapel meeting-house or other place of divine worship or any house stable coach-house outhouse warehouse office shop mill malthouse hop-oast barn granary shed hovel or fold or any building or erection used in farming land or in carrying on any trade or manufacture or any branch thereof or any building other than such as are in this section before mentioned belonging to the Queen or the Government of Victoria or to the council or body corporate of any city town borough or shire or to the board of any road district or belonging to any university or devoted or dedicated to public use or ornament or erected or maintained by public subscription or contribution or any machinery whether fixed or moveable prepared for or employed in any manufacture or in any branch thereof or any steam-engine or other engine for sinking working ventilating or draining any mine or any staith building or erection used in conducting the business of any mine or any bridge wagon-way tramway trunk or shoot for conveying minerals from any mine every such offender shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  2. If any person riotously and tumultuously assembled together to the disturbance of the public peace shall unlawfully and with force injure or damage any such church chapel meeting-house place of divine worship house stable coach-house outhouse warehouse office shop mill malthouse hop-oast barn granary shed hovel fold building erection machinery engine staith bridge wagon-way tramway trunk or shoot as is in the last preceding section mentioned every such offender shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding five years.

Injuries to Buildings by Tenants.

  1. Whosoever being possessed of any dwelling-house or other building or part of any dwelling-house or other building held for any term of years or other less term or at will or held over after the termination of any tenancy shall unlawfully and maliciously pull down or demolish or begin to pull down or demolish the same or any part thereof or shall unlawfully and maliciously pull down or sever from the freehold any fixture being fixed in or to such dwelling-house or building or part of such dwelling-house or building shall be guilty of a misdemeanour.

Injuries to Manufactures Machinery &c.

  1. Whosoever shall unlawfully and maliciously cut break or destroy or damage with intent to destroy or to render useless any goods or article of silk woollen linen cotton hair mohair or alpaca or of any one or more of those materials mixed with each other or mixed with any other material or any framework-knitted piece stocking hose or lace being in the loom or frame or on any machine or engine or on the rack of tenters or in any stage process or progress of manufacture or shall unlawfully and maliciously cut break or destroy or damage with intent to destroy or to render useless any wrap or shute of silk woollen linen cotton hair mohair or alpaca or of any one or more of those materials mixed with each other or mixed with any other material or shall unlawfully and maliciously cut break or destroy or damage with intent to destroy or render useless any loom frame machine engine rack tackle tool or implement whether fixed or moveable prepared for or employed in carding spinning throwing weaving fulling shearing or otherwise manufacturing or preparing any such goods or articles or shall by force enter into any house shop building or place with intent to commit any of the offences in this section mentioned shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  2. Whosoever shall unlawfully and maliciously cut break or destroy or damage with intent to destroy or to render useless any machine or engine whether fixed or moveable used or intended to be used for sowing reaping mowing threshing ploughing or draining or for performing any other agricultural operation or any machine or engine or any tool or implement whether fixed or moveable prepared for or employed in any manufacture whatsoever (except the manufacture of silk woollen linen cotton hair mohair or alpaca goods or goods of any one or more of those materials mixed with each other or mixed with any other material or any framework-knitted piece stocking hose or lace) shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding five years.

Injuries to Corn Trees and Vegetable Productions.

  1. Whosoever shall unlawfully and maliciously set fire to any crop of hay grass corn grain or pulse or of any cultivated vegetable produce whether standing or cut down or to any part of any wood coppice or plantation of trees or to any heath gorse furze or fern wheresoever the same may be growing shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding five years.
  2. Whosoever shall unlawfully and maliciously set fire to any stack of corn grain pulse tares hay straw haulm stubble or of any cultivated vegetable produce or of furze gorse heath fern turf peat coals charcoal wood or bark or to any steer or wood or bark shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  3. Whosoever shall unlawfully and maliciously by any overt act attempt to set fire to any such matter or thing as in either of the last two preceding sections mentioned under such circumstances that if the same were thereby set fire to the offender would be under either of such sections guilty of felony shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding five years.
  4. Whosoever shall unlawfully and maliciously cut or otherwise destroy any hop binds growing on poles in any plantation of hops shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  5. Whosoever shall unlawfully and maliciously cut break bark root up or otherwise destroy or damage the whole or any part of any tree sapling or shrub or any underwood growing in any park pleasure-ground garden orchard or avenue or in any ground adjoining or belonging to any dwelling-house (in case the amount of the injury done shall exceed the sum of one pound) shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding five years.
  6. Whosoever shall unlawfully and maliciously cut break bark root up or otherwise destroy or damage the whole or any part of any tree sapling or shrub or any underwood growing elsewhere than in any park pleasure-ground garden orchard or avenue or in any ground adjoining to or belonging to any dwelling-house (in case the amount of injury done shall exceed the sum of five pounds) shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding five years.
  7. Whosoever shall unlawfully and maliciously cut brake bark root up or otherwise destroy or damage the whole or any part of any tree sapling or shrub or any underwood wheresoever the same may be growing the injury done being to the amount of one shilling at the least shall on conviction thereof before a justice at the discretion of the justice either be imprisoned for any term not exceeding three months or else shall forfeit and pay over and above the amount of injury done such sum of money not exceeding five pounds as to the justice shall seem meet and whosoever having been convicted of any such offence either against this or any former Act shall afterwards commit any of the said offences in this section before mentioned and shall be convicted thereof in like manner shall for such second offence be imprisoned for such term not exceeding twelve months as the convicting justice shall think fit and whosoever having been twice convicted of any such offence (whether both or either of such convictions shall have taken place before or after the passing of this Act) shall afterwards commit any of the said offences in this section before mentioned shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding five years.
  8. Whosoever shall unlawfully and maliciously destroy or damage with intent to destroy any plant root fruit or vegetable production growing in any garden orchard nursery-ground hothouse green-house or conservatory shall on conviction thereof before a justice at the discretion of the justice either be imprisoned for any term not exceeding six months or else shall forfeit and pay over and above the amount of the injury done such sum of money not exceeding twenty pounds as to the justice shall seem meet and whosoever having been convicted of any such offence either against this or any former Act shall afterwards commit any of the said offences in this section before mentioned shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding five years.
  9. Whosoever shall unlawfully and maliciously destroy or damage with intent to destroy any cultivated root or plant 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 or nursey ground shall on conviction thereof before a justice at the discretion of the justice either be imprisoned for any term not exceeding one month or else shall forfeit and pay over and above the amount of the injury done such sum of money not exceeding twenty shillings as to the justice shall seem meet and in default of payment thereof together with the costs if ordered shall be imprisoned for any term not exceeding one month unless payment be sooner made and whosoever having being convicted of any such offence either against this or any former Act shall afterwards commit any of the said offences in this section before mentioned and shall be convicted thereof in like manner shall be imprisoned for such term not exceeding six months as the convicting justice shall think fit.

Injuries to Fences.

  1. Whosoever shall unlawfully and maliciously cut break throw down or in anywise destroy any fence of any description whatsoever or any wall stile or gate or any part thereof respectively shall on conviction thereof before a justice for the first offence forfeit any pay over and above the amount of the injury done such sum of money not exceeding five pounds as to the justice shall seem meet and whosoever having being convicted of any such offence either against this or any former Act shall afterwards commit any of the said offences in this section before mentioned and shall be convicted thereof in like manner shall be imprisoned for such term not exceeding twelve months as the convicting justice shall think fit.

Injuries to Mines.

  1. Whosoever shall unlawfully and maliciously set fire to any mine of coal cannel coal anthracite or other mineral fuel shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  2. Whosoever shall unlawfully and maliciously by any overt act attempt to set fire to any mine under such circumstances that if the mine were thereby set fire to the offender would be guilty of felony shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  3. Whosoever shall unlawfully and maliciously cause any water to be conveyed or run into any mine or into any subterraneous passage communicating therewith with intent thereby to destroy or damage such mine or to hinder or delay the working thereof or shall with the like intent unlawfully and maliciously pull down fill up or obstruct or damage with intent to destroy obstruct or render useless any airway waterway drain pit level shaft or drive of or belonging to any mine shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding five years. Provided that this provision shall not extent to any damage committed underground by any owner of any adjoining mine in working the same or by any person duly employed in such working.
  4. Whosoever shall unlawfully and maliciously pull down or destroy or damage with intent to destroy or render useless any steam-engine or other engine for sinking draining ventilating or working or for in anywise assisting in sinking draining ventilating or working any mine or any appliance or apparatus in connexion with any such steam or other engine or any staith building or erection used in conducting the business of any mine or any bridge wagon-way tramway trunk or shoot for conveying minerals from any mine whether such engine staith building erection bridge wagon-way tramway trunk or shoot be completed or in an unfinished state or shall unlawfully and maliciously stop obstruct or hinder the working of any such steam or other engine or of any such appliance or apparatus as aforesaid with intent thereby to destroy or damage any mine or to hinder obstruct or delay the working thereof or shall unlawfully and maliciously wholly or partially cut through sever break or unfasten or damage with intent to destroy or render useless any rope chain or tackle of whatsoever material the same shall be made used in any mine or in or upon any inclined plane railway or other way or other work whatsoever in anywise belonging or appertaining to or connected with or employed in any mine of the working or business thereof shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding seven years.

Injuries to Sea and River Banks and to Works on Rivers Canals &c.

  1. Whosoever shall unlawfully and maliciously break down or cut down or otherwise damage or destroy any sea bank or sea wall or the bank dam or wall of or belonging to any river canal drain reservoir pool or marsh whereby any land or building shall be or shall be in danger of being overflowed or damaged or shall unlawfully and maliciously throw break or cut down level undermine or otherwise destroy any quay wharf jetty lock sluice floodgate weir tunnel towing-path drain watercourse or other work belonging to any port harbour dock or reservoir or on or belonging to any navigable river or canal shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  2. Whosoever shall unlawfully and maliciously cut off draw up or remove any piles chalk or other materials fixed in the ground and used for securing any sea bank or sea wall or the bank dam or wall of any river canal drain aqueduct marsh reservoir pool port harbor dock quay wharf jetty or lock or shall unlawfully and maliciously open or draw up any floodgate or sluice or do any other injury or mischief to and navigable river or canal with intent and so as thereby to obstruct or prevent the carrying on completing or maintaining the navigation thereof shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding five years.

Injuries to Ponds.

  1. Whosoever shall unlawfully and maliciously cut through break down or otherwise destroy the dam floodgate or sluice of any fishpond or of any water which shall be private property or in which there shall be any private right of fishery with intent thereby to take or destroy any of the fish in such pond or water or so as thereby to cause the loss or destruction of any of the fish or shall unlawfully and maliciously put any lime or other noxious material in any such pond or water with intent thereby to destroy any of the fish that may then be or that may thereafter be put therein or shall unlawfully and maliciously cut through break down or otherwise destroy the dam or floodgate of any mill pond reservoir or pool shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding five years.

Injuries to Bridges Viaducts and Toll Bars.

  1. Whosoever shall unlawfully and maliciously pull or throw down or in anywise destroy any bridge (whether over any stream of water or not) or any viaduct or aqueduct over or under which bridge viaduct or aqueduct any highway railway or canal shall pass or do any injury with intent and so as thereby to render such bridge viaduct or aqueduct or the highway railway or canal passing over or under the same or any part thereof dangerous or impassable shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  2. Whosoever shall unlawfully and maliciously throw down level or otherwise destroy in whole or in part any turnpike-gate or toll-bar or any wall chain rail post bar or other fence belonging to any turnpike-gate or toll-bar or set up or erected to prevent passengers passing by without paying any toll payable by or under any Act relating thereto or any house building or weighing engine erected for the better collection ascertainment or security of any such toll or any mile-stone or mile-post shall be guilty of a misdemeanour.

Injuries to Railway Carriages and Telegraphs.

  1. Whosoever shall unlawfully and maliciously put place cast or throw upon or across any railway any wood stone or other matter or thing or shall unlawfully and maliciously take up remove or displace any rail sleeper or other matter or thing belonging to any railway or shall unlawfully and maliciously turn move or divert any points or other machinery belonging to any railway or shall unlawfully and maliciously make or show hide or remove any signal or light upon or near to any railway or shall unlawfully and maliciously do or cause to be done any other matter or thing with intent in any of the cases aforesaid to obstruct upset overthrow injure or destroy any engine tender carriage or truck using such railway shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  2. Whosoever by any unlawful act or by any wilful omission or neglect shall obstruct or cause to be obstructed any engine or carriage using any railway or shall aid or assist therein shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding two years.
  3. Whosoever shall unlawfully and maliciously cut break throw down destroy injure or remove any battery machinery wire cable post or other matter or thing whatsoever being part of or being used or employed in or about any electric or magnetic telegraph or in the working thereof or shall unlawfully and maliciously prevent or obstruct in any manner whatsoever the sending conveyance or delivery of any communication by any such telegraph shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding two years. Provided that if it shall appear to any justice on the examination of any person charged with any offence against this section that it is not expedient to the ends of justice that the same should be prosecuted by information the justice may proceed summarily to hear and determine the same and the offender shall on conviction thereof at the discretion of the justice either be imprisoned for any term not exceeding three months or else shall forfeit and pay such cum of money not exceeding ten pounds as to the justice shall seem meet.
  4. Whosoever shall unlawfully and maliciously by any overt act attempt to commit any of the offences in the last preceding section mentioned shall on conviction thereof before a justice at the discretion of the justice either be imprisoned for any term not exceeding three months or else shall forfeit and pay such sum of money not exceeding ten pounds as to the justice shall seem meet.

Injuries to Works of Art.

  1. Whosoever shall unlawfully and maliciously destroy or damage any book manuscript picture print statue bust or vase or any other article or thing kept for the purposes of art science or literature or as an object of curiosity in any museum gallery cabinet library or other repository which museum gallery cabinet library or other repository is either at all times or from time to time open for the admission of the public or of any considerable number of persons to view the same either by the permission of the proprietor thereof or by the payment of money before entering the same or any picture statue monument or other memorial of the dead painted glass or other ornament or work of art in any such church chapel meeting-house or other place of divine worship or in any building belonging to the Queen or to the Government of Victoria or to the council or body corporate of any city town borough or shire or the board of any road district or to any university or in any street square church-yard cemetery burial ground public garden or ground or any statue or monument exposed to public view or any ornament railing or fence surrounding such statue or monument shall be guilty of a misdemeanour and being convicted thereof shall be liable to be imprisoned for any term not exceeding six months provided that nothing herein contained shall be deemed to affect the right of any person to recover by action at law damages for the injury so committed.

Injuries to Cattle and other Animals.

  1. Whosoever shall unlawfully and maliciously kill maim or wound any animals being cattle within the meaning of the Second Part of this Act shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  2. Whosoever shall unlawfully and maliciously kill maim or wound any dog bird beast of other animal not being cattle within the meaning of the last preceding section but being either the subject of larceny at common law or being ordinarily kept in a state of confinement or for any domestic purpose shall on conviction thereof before a justice at the discretion of the justice either be imprisoned for any term not exceeding six months or else shall forfeit and pay over and above the amount of injury done such sum of money not exceeding twenty pounds as to the justice shall seem meet and whosoever having been convicted of any such offence shall afterwards commit any of the said offences in this section before mentioned and shall be convicted thereof in like manner shall be imprisoned for such term not exceeding twelve months as the convicting justice shall think fit.

Injuries to Ships.

  1. Whosoever shall unlawfully and maliciously set fire to cast away or in anywise destroy any ship or vessel whether the same be complete or in an unfinished state shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  2. Whosoever shall unlawfully and maliciously set fire to or cast away or in anywise destroy any ship or vessel with intent thereby to prejudice any owner or part owner of such ship or vessel or of any goods on board the same or any person that has underwritten or shall underwrite any policy of insurance upon such ship or vessel or on the freight thereof or upon any goods on board the same shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  3. Whosoever shall unlawfully and maliciously by any overt act attempt to set fire to cast away destroy any ship or vessel under such circumstances that if the ship or vessel were thereby set fire to cast away or destroyed the offender would be guilty of felony shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  4. Whosoever shall unlawfully and maliciously place or throw in into upon against or near any ship or vessel any gunpowder or other explosive substance with intent to destroy or damage any ship or vessel or any machinery working tools goods or chattels shall whether or not any explosion take place and whether or not any injury be effected be guilty of felony and being guilty thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  5. Whosoever shall unlawfully and maliciously damage otherwise than by fire gunpowder or other explosive substance any ship or vessel whether complete or in an unfinished state with intent to destroy the same or render the same useless shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding five years.
  6. Whosoever shall unlawfully mask alter or remove any light or signal or unlawfully exhibit any false light or signal with intent to bring any ship vessel or boat into danger or shall unlawfully and maliciously do anything tending to the immediate loss or destruction of any ship vessel or boat and for which no punishment is hereinbefore provided shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  7. Whosoever shall unlawfully and maliciously cut away cast adrift remove alter deface sink or destroy or shall unlawfully and maliciously do any act with intent to cut away cast adrift remove alter deface sink or destroy or shall in any other manner unlawfully and maliciously injure or conceal any boat buoy buoy rope perch or mark used or intended for the guidance of seamen or the purpose of navigation shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding five years.
  8. Whosoever shall unlawfully and maliciously destroy any part of any ship or vessel which shall be in distress or wrecked 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 being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.

Sending Letters threatening to burn or destroy.

  1. Whosoever shall send deliver or utter or directly or indirectly cause to be received knowing the contents thereof any letter or writing threatening to burn or destroy any house barn or other building or any rick or stack of grain hay or straw or other agricultural produce or any grain hay or straw or other agricultural produce in or under any building or any ship or vessel or to kill maim or wound any cattle shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.

Injuries not before provided for.

  1. Whosoever shall unlawfully an maliciously commit any damage injury or spoil to or upon any real or personal property whatsoever either of a public or private nature for which no punishment is hereinbefore provided the damage injury or spoil being to an amount exceeding five pounds shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding two years and in case any such offence shall be committed between the hours of nine of the clock in the evening and six of the clock in the next morning shall be liable at the discretion of the Court to be imprisoned for any term not exceeding five years.

Making Gunpowder for committing Offences – Searching for the Same.

  1. Whosoever shall make or manufacture or knowingly have in his possession any gunpowder or other explosive substance or any dangerous or noxious thing or any machine engine instrument or thing with intent thereby or by means thereof to commit or for the purpose of enabling any other person to commit any of the felonies in this Part of this Act mentioned shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding two years.

Miscellaneous Provisions.

  1. Every punishment and forfeiture by this Part of this Act imposed on any person maliciously committing any offence whether the same be punishable upon information or upon summary conviction shall equally apply and be enforced whether the offence shall be committed from malice conceived against the owner of the property in respect of which shall be committed or otherwise.
  2. Every provision of this Part of this Act not hereinbefore so applied shall apply to every person who with intent to injure or defraud any other person shall do any of the acts hereinbefore made penal although the offender shall be in possession of the property against or in respect of which such act shall be done.

PART FOUR – FORGERY.

Forging Her Majesty’s Seals and other Seals.

  1. Whosoever shall forge or counterfeit or shall utter knowing the same to be forged or counterfeited the great seal of the United Kingdom Her Majesty’s Privy Seal and Privy Signet of Her Majesty Her Majesty’s Royal Sign Manual any of Her Majesty’s seals appointed by the twenty-fourth article of the union between England and Scotland to be kept used and continued in Scotland the Great Seal of Ireland the Privy Seal of Ireland or the Seal of the Colony of Victoria or shall forge or counterfeit the stamp or impression of any of the seals aforesaid or shall utter any document or instrument whatsoever having thereon affixed thereto the stamp or impression of any such forged or counterfeited seal knowing the same to be the stamp or impression of such forged or counterfeited seal or any forged or counterfeited stamp or impression made or apparently intended to resemble the stamp or impression of any of the seals aforesaid knowing the same to be forged or counterfeited or shall forge or alter or utter knowing the same to be forged or altered any document or instrument having any of the said stamps or impressions thereon or affixed thereto shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  2. Whosoever shall forge or fraudulently alter any document bearing or purporting to bear the signature of the Governor or of any of Her Majesty’s Principle or Under Secretaries of State or shall offer utter dispose of or put off any such forged or fraudulently altered document as aforesaid knowing the same to be so forged or altered shall be guilty of felony and being convicted thereof shall be liable to be imprisoned for any term not exceeding ten years.

Forging Transfers of Stock &c.

  1. Whosoever shall forge or alter or shall offer utter dispose of or put off knowing the same to be forged or altered any transfer of any share or interest of or in the capital stock of any body corporate company or society which now is or hereafter may be established by charter or by under or by virtue of any Act or shall forge or alter or shall offer utter dispose of or put off knowing the same to be forged or altered any power of attorney or other authority to transfer any share of interest of or in any such capital stock or to receive any dividend or 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 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 cases aforesaid to defraud shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  2. Whosoever shall falsely and deceitfully personate any owner of any share or interest of or in the capital stock of any body corporate company or society which now is or hereafter may be established by charter or by under or by virtue of any Act or any owner of any dividend or money payable in respect of any such share or interest as aforesaid and shall thereby transfer or endeavour to transfer any share or interest belonging to any such owner or thereby receive or endeavour to receive any money due to any such owner as if such offender were the true and lawful owner shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  3. Whosoever shall forge any name handwriting or signature purporting to be the name handwriting or signature of a witness attesting the execution of any power of attorney or other authority to transfer any share or interest of or in any such capital stock as is in either of the last two preceding sections mentioned or to receive any dividend or money payable in respect of any such share or interest or shall offer utter dispose of or put off any such power of attorney or other authority with any such forged name handwriting or signature thereon knowing the same to be forged shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding five years.

Forging India Bonds.

  1. Whosoever shall forge or alter or shall offer utter dispose of or put off knowing the same to be forged or altered any bond commonly called an East India bond or any bond debenture or security issued or made under the authority of any Act passed or to be passed relating to East Indies or any indorsement on or assignment of any such bond debenture or security with intent to defraud shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.

Forging Exchequer Bills &c.

  1. Whosoever shall forge or alter or shall offer utter dispose of or put off knowing the same to be forged or altered and Exchequer bill or Exchequer bond or Exchequer debenture or any indorsement on or assignment of any Exchequer bill or Exchequer bond or Exchequer debenture or any receipt or certificate for interest accruing thereon with intent to defraud shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.

Forging Stamps of the United Kingdom.

  1. Whosoever shall forge or counterfeit any stamp or die or any part of any stamp or die which has been or shall be provided made or used under any Act now or hereafter to be in force by the Commissioners of Inland Revenue of the United Kingdom for expressing or denoting any stamp duty or shall forge or counterfeit the impression or any part of the impression of any such stamp or die upon any vellum parchment or paper or shall knowingly stamp or mark any vellum parchment or paper with any such forged or counterfeit stamp or die or any part of such stamp or die with intent to defraud Her Majesty or shall offer utter dispose of or put off or expose for sale any vellum parchment or paper having thereupon the impression of any such forged or counterfeit stamp or die or part of any stamp or die or any such forged or counterfeited impression or part of impression as aforesaid knowing the same respectively to be forged or counterfeited and whosoever shall knowingly and without lawful excuse (the proof whereof shall lie on the person accused) have in his possession any forged or counterfeited stamp or die or part of any such stamp or die resembling or intended to resemble either wholly or in part any stamp or die provided made or used as aforesaid and whosoever shall knowingly and without lawful excuse (the proof whereof shall lie on the person accused) have in his possession any vellum parchment or paper having thereon the impression or any part of the impression of any such forged or counterfeited stamp or die or part of any such stamp or die as aforesaid or having thereon any forged or counterfeit mark or impression resembling or apparently intended to resemble the impression of any such stamp or die so provided made or used as aforesaid or shall fraudulently use join fix or place for with or upon any vellum parchment or paper any mark or impression which shall have been cut torn or gotten off or removed from any other vellum parchment or paper or shall fraudulently erase cut scrape discharge or get out of or from any vellum parchment or paper stamped respectively under any Act of the Parliament of Great Britain and Ireland relating to stamp duties any name sum date or other matter or thing thereon written printed or expressed with intent to use any stamp or mark then impressed or being upon such vellum parchment or paper or that the same may be used for any deed instrument matter or thing in respect whereof any stamp duty is or shall or may be or become payable or shall knowingly use utter sell or expose to sale or shall knowingly and without lawful excuse (the proof whereof shall lie on the person accused) have in his possession any vellum parchment or paper stamped respectively under any such Act as last aforesaid from or off or out of which any such name sum date or other matter or thing as aforesaid shall have been fraudulently erased cut scraped discharged or gotten as aforesaid shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.

Forging Bank Notes.

  1. Whosoever shall forge or alter or shall offer utter dispose of or put off knowing the same to be forged or altered any note or bill of exchange of the Governor and Company of the Bank of England or the Governor and Company of the Bank of Ireland or of any other body corporate company or person carrying on whether within Victoria or elsewhere within the dominions of Her Majesty the business of bankers commonly called a bank note a bank bill of exchange or a bank post bill or any endorsement on or assignment of any bank note bank bill of exchange or bank post bill with intent to defraud shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  2. Whosoever without lawful authority or excuse (the proof whereof shall lie on the party accused) shall purchase or receive from any other person or have in his custody or possession any forged bank note bank bill of exchange or bank post bill or blank bank note or blank bank bill of exchange or blank bank post bill knowing the same to be forged shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.

Making and engraving Plates &c. for Bank Notes &c.

  1. Whosoever without lawful authority or excuse (the proof whereof shall lie on the party accused) shall make or use or knowingly have in his custody or possession any frame mould or instrument for the making of paper with the words “Bank of England” or “Bank of Ireland” or any part of such words intended to resemble and pass for the same visible in the substance of the paper or for the making of paper with curved or waving bar lines or with the laying wire lines thereof in a waving or curved shape or with any number sum or amount expressed in a word or words in Roman letters visible in the substance of the paper or with any device or distinction peculiar to and appearing in the substance of the paper used by the Governor and Company of the Banks of England and Ireland respectively for any notes bills of exchange or bank post bills of such banks respectively or shall make use sell expose to sale utter or dispose of or knowingly have in his custody or possession any paper whatsoever with the words “Bank of England” or “Bank of Ireland” or any part of such words intended to resemble and pass for the same visible in the substance of the paper or any paper with curved or waving bar lines or with the laying wire lines thereof in a waving or curved shape or with any number sum or amount expressed in a word or words in Roman letters appearing visible in the substance of the paper or with any device or distinction peculiar to and appearing in the substance of the paper used by the Governor and Company of the Banks of England and Ireland respectively for any notes bills of exchange or bank post bills of such banks respectively or shall by any art or contrivance cause the words “Bank of England” or “Bank of Ireland” or any part of such words intended to resemble and pass for the same or any device or distinction peculiar to and appearing in the substance of the paper used by the Governor and Company of the Banks of England and Ireland respectively for any notes bills of exchange or bank post bills of such banks respectively to appear visible in the substance of any paper or shall cause the numerical sum or amount of any bank note bank bill of exchange or bank post bill blank bank note blank bank bill of exchange or blank bank post bill in a word or words in Roman letters to appear visible in the substance of the paper whereon the same shall be written or printed shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  2. Nothing in the last preceding section contained shall prevent any person from issuing any bill of exchange or promissory note having the amount thereof expressed in guineas or in a numerical figure of figures denoting the amount thereof in pounds sterling appearing visible in the substance of the paper upon which the same shall be written or printed or shall prevent any person from making using or selling any paper having waving or curved lines or any other devices in the nature of water marks visible in the substance of the paper not being bar lines or laying wire lines provided in the same are not so contrived as to form the groundwork or texture of the paper or to resemble the waving or curved laying wire lines or bar lines or the watermarks of the paper used by the Governor and Company of the Banks of England and Ireland respectively.
  3. Whosoever without lawful authority or excuse (the proof whereof shall lie on the party accused) shall engrave or in anywise make upon any plate whatsoever or upon any wood stone or other material any promissory note bill of exchange or bank post bill or part of a promissory note bill of exchange or bank post bill purporting to be a bank note bank bill of exchange or bank post bill of the Governor and Company of the Bank of England or the Governor and Company of the Bank of Ireland or of any other body corporate company or person carrying on whether within Victoria or elsewhere within the dominions of Her Majesty the business of bankers or to be a blank note promissory note blank bank bill of exchange of blank bank post bill of the Governor and Company of the Bank of England or of the Governor and Company of the Bank of Ireland or of any such other body corporate company or person as aforesaid or to be a part of a bank note promissory note bank bill of exchange or bank post bill of the Governor and Company of the Bank of England or of the Governor and Company of the Bank of Ireland or of any such other body corporate company or person as aforesaid or any name word or character resembling or apparently intended to resemble any subscription to any bill of exchange or promissory note issued by the Governor and Company of the Bank of England or the Governor and Company of the Bank of Ireland or by any such other body corporate company or person as aforesaid or shall use any such plate wood stone or other material or any other instrument or device for the making or printing any bank note bank bill of exchange or bank post bill or blank bank note blank bank bill of exchange or blank bank post bill or part of a bank note bank bill or exchange or bank post bill or knowingly have in his custody or possession any such plate wood stone or other material or any such instrument or device or shall knowingly offer utter dispose of or put off or have in his custody or possession any paper upon which any blank bank note blank bank bill of exchange or blank bank post bill of the Governor and Company of the Bank of England or of the Governor and Company of the Bank of Ireland or of any such other body corporate company or person as aforesaid or part of a bank note bank bill or exchange or bank post bill or any name word or character resembling or apparently intended to resemble any such subscription shall be made or printed shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  4. Whosoever without lawful authority or excuse (the proof whereof shall lie on the party accused) shall engrave or in anywise make upon any plate whatsoever or upon any wood stone or other material any word number figure device character or ornament the impression taken from which shall resemble or apparently be intended to resemble any part of a bank note bank bill of exchange or bank post bill of the Governor and Company of the Bank of England or of the Governor and Company of the Bank of Ireland or of any other body corporate company or person carrying on whether within Victoria or elsewhere within the dominions of Her Majesty the business of bankers or shall use or knowingly have in his possession any such plate wood stone or other material or any other instrument or device for the impressing or making upon any paper or other material any word number figure character or ornament which shall resemble or apparently be intended to resemble any part of a bank note bank bill of exchange or bank post bill of the Governor and Company of the Bank of England or of the Governor and Company of the Bank of Ireland or of any such other body corporate company or person as aforesaid or shall knowingly offer utter dispose of or put off or have in his custody or possession any paper or other material upon which there shall be an impression of any such matter as aforesaid shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  5. Whosoever without lawful authority or excuse (the proof whereof shall lie on the party accused) shall make or use any frame mould or instrument for the manufacture of paper with the name or firm of any such body corporate company or person carrying on the business of bankers as in the last preceding section mentioned (other than and except the Banks of England and Ireland respectively) appearing visible in the substance of the paper or knowingly have in his custody or possession any such frame or instrument to make use sell expose to sale utter or dispose of or knowingly have in his custody or possession any paper in the substance of which the name or firm of any such body corporate company or person shall appear visible or cause the name or firm of any such body corporate company or person to appear visible in the substance of the paper upon which the same shall be written or printed shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  6. Whosoever without lawful authority or excuse (the proof whereof shall lie on the party accused) shall engrave or in anywise make upon any plate whatsoever or upon any wood stone or other material and bill of exchange promissory note undertaking or order for payment of money or any part of any bill of exchange promissory note undertaking or order for payment of money in whatsoever language the same may be expressed and whether the same shall or shall not be or be intended to be under seal purporting to be the bill note undertaking or order or part of the bill note undertaking or order of any foreign prince or state or of any minister or officer in the service of any foreign prince or state or of any body corporate or body of the like nature constituted or recognized by any foreign prince or state or of any person or company of persons resident in any country not under the dominion of Her Majesty or shall use or knowingly have in his custody or possession any plate stone wood or other material upon which any such foreign bill note undertaking or order or any part thereof shall be engraved or made or shall knowingly offer utter dispose of or put off or have in his custody or possession any paper upon which any part of any such foreign bill note undertaking or order shall be made or printed shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.

Forging Deeds Wills Bills of Exchange &c.

  1. Whosoever with intent to defraud shall forge or alter or shall offer utter dispose of or put off knowing the same to be forged or altered any deed or any bond or writing obligatory or any assignment at law or in equity of any such bond or writing obligatory or any lease issued under any Act relating to the gold fields or shall forge any name handwriting or signature purporting to be the name handwriting or signature of a witness attesting the execution of any deed bond or writing obligatory or shall offer utter dispose of or put off any deed bond writing obligatory or any such lease as aforesaid having thereon any such forged name handwriting or signature knowing the same to be forged shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  2. Whosoever with intent to defraud shall forge or alter or shall offer utter dispose of or put off knowing the same to be forged or altered any will testament codicil or testamentary instrument shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  3. Whosoever with intent to defraud shall forge or alter or shall offer utter dispose of or put off knowing the same to be forged or altered any bill of exchange or any acceptance indorsement or assignment of any bill of exchange or any promissory note for the payment of money or any indorsement or assignment of any such promissory note shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  4. Whosoever shall forge or alter or shall offer utter dispose of or put off knowing the same to be forged or altered any undertaking warrant order authority or request for the payment of money or for the delivery or transfer of any goods or chattels or of any note bill or other security for the payment of money of for procuring or giving credit or any indorsement on or assignment of any such undertaking warrant order authority or request or any accountable receipt acquittance or receipt for money or for goods for any note bill or other security for the payment of money or any indorsement on or assignment of any such accountable receipt with intent in any of the cases aforesaid to defraud shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  5. Whosoever with intent to defraud shall draw make sign accept or indorse any bill of exchange or promissory note or any undertaking warrant order authority or request for the payment of money or for the delivery or transfer of goods or chattels or of any bill note or other security for money by procuration or otherwise for in the name or on the account of any other person without lawful authority or excuse or shall offer utter dispose of or put off any such bill note undertaking warrant order authority or request so drawn made signed accepted or indorsed by procuration or otherwise without lawful authority or excuse as aforesaid knowing the same to have been so drawn made signed accepted or indorsed as aforesaid shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  6. Whosoever shall forge or fraudulently alter or shall offer utter dispose of or put off knowing the same to be forged or fraudulently altered any debenture issued or purporting to be issued under any lawful authority whatsoever either within Her Majesty’s dominions or elsewhere shall be guilty of felony and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding ten years.

Forging Records Process Instruments of Evidence &c.

  1. Whosoever shall forge or fraudulently alter or shall offer utter dispose of or put off knowing the same to be forged or fraudulently altered any record writ return panel process notice bill petition answer pleading rule decree report warrant interrogatory deposition affidavit affirmation recognizance cognovit actionem or warrant of attorney or any original document whatsoever of or belonging to the Supreme Court or any court of record or any document or writing or any copy of any document or writing used or intended to be used as evidence in any court in this section mentioned shall be guilty of felony and convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding five years.
  2. Whosoever being clerk of any court or other officer having custody of the records of any court or being the deputy of any such clerk or officer shall utter any false copy or certificate of any record knowing the same to be false and whosoever other than such clerk officer or deputy shall sign or certify any copy or certificate of any record as such clerk officer or deputy and whosoever shall forge or fraudulently alter or offer utter dispose of or put off knowing the same to be forged or fraudulently altered any copy or certificate of any record or shall offer utter dispose of or put off any copy or certificate of any record having thereon any false or forged name handwriting or signature knowing the same to be false or forged and whosoever shall forge the seal of any court of record or shall forge or fraudulently alter any process of any court other than such courts as in the last preceding section mentioned or shall serve or enforce any forged process of any court whatsoever knowing the same to be forged or shall deliver or cause to be delivered to any person any paper falsely purporting to be any such process or a copy thereof or to be any judgement decree or order of the Supreme Court or any court of record or a copy thereof knowing the same to be false or shall act or profess to act under any such false process knowing the same to be false shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding five years.
  3. Whosoever shall forge or fraudulently alter or shall offer utter dispose of or put off knowing the same to be forged or fraudulently altered any instrument whether written or printed or partly written and partly printed which is or shall be made evidence by any Act passed or to be passed and for which offence no punishment is herein provided shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding five years.

Forging Registers of Deeds &c.

  1. Whosoever shall forge or fraudulently alter or shall offer utter dispose of or put off knowing the same to be forged or fraudulently altered any memorial receipt affidavit affirmation attestation entry certificate indorsement document or writing made or issued under the provisions of any Act passed or hereafter to be passed for or relating to the registry of deeds or other instruments shall forge or counterfeit the seal of or belonging to any office for the registry of deeds or other instruments or any stamp or impression of any such seal or shall forge any name handwriting or signature purporting to be the name handwriting or signature of any person to any such memorial receipt affidavit affirmation attestation entry certificate indorsement document or writing which shall be required or directed to be signed by or by virtue of any Act passed or to be passed or shall offer utter dispose of or put off any such memorial or other writing as in this section before mentioned having thereon any such forged stamp or impression of any such seal or any forged name handwriting or signature knowing the same to be forged shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  2. Whosoever shall forge or fraudulently alter or shall offer utter dispose of or put off knowing the same to be forged or fraudulently altered any instrument document or writing made or issued under the provisions of any Act passed or to be passed for or relating to the transfer of estates or other interests in land or shall forge or counterfeit the seal of or belonging to any office or officer appointed by or under any such Act for the purposes thereof or any stamp or impression of such seal or shall forge any name handwriting or signature purporting to be the name handwriting or signature of any person to any instrument document or writing which shall be required or authorized to be signed by or by virtue of any such Act or shall offer utter dispose of or put off any instrument document or writing having thereon any such forged stamp or impression of such seal or any such forged name handwriting or signature knowing the same to be forged shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.

Forging Orders &c. of Justices of the Peace.

  1. Whosoever with intent to defraud shall forge or alter or shall offer utter or dispose of or put off knowing the same to be forged or altered any summons conviction order or warrant of any justice or any recognizance purporting to have been entered into before any justice or other officer authorized to take the same or any examination deposition affidavit affirmation or solemn declaration taken or made before any justice shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding three years.

Forging names &c. of Officers of Courts &c.

  1. Whosoever with intent to defraud shall forge or alter or offer or utter dispose of or put off knowing the same to be forged or altered any document instrument or writing made of purporting or appearing to be made by the Master-in-Equity the Chief Commissioner of Insolvent Estates or any officer of any court of record shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.

Falsely acknowledging Recognizances &c.

  1. Whosoever without lawful authority or excuse (the proof whereof shall lie on the party accused) shall in the name of any other person acknowledge any recognizance or bail or any cognovit actionem or judgement or any deed or other instrument before any court or judge or other person lawfully authorized in that behalf shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.

Forging Marriage Licenses &c.

  1. Whosoever shall forge or fraudulently alter any license of marriage or any consent or writing purporting to be a consent to the marriage of any person under the age of twenty-one years or any certificate of marriage or writing purporting to be a certificate or marriage or shall offer utter dispose of or put off any such license consent certificate or writing knowing the same to be forged for fraudulently altered shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  2. Whosoever shall knowingly and unlawfully transmit to any minister Registrar-General registrar or other officer appointed under any Act relating to marriages or the registration thereof any certificate or writing purporting to be a certificate containing any false statement shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding five years.

Forging Resisters &c. of Births Baptisms Marriages Deaths and Burials.

  1. Whosoever shall unlawfully destroy deface or injure or cause or permit to be destroyed defaced or injured any register of births baptisms marriages deaths or burials which now is or hereafter shall be by law authorized or required to be kept or any part of any such register or any certified copy of any such register or any part thereof or shall forge or fraudulently alter in any such register any entry relating to any birth baptism marriage death or burial or any part of any such register or any certified copy of such register or of any part thereof or shall knowingly and unlawfully insert or cause or permit to be inserted in any such register or in any certified copy thereof any false entry of any matter relating to any birth baptism marriage death or burial or shall knowingly and unlawfully give any false certificate relating to any birth baptism marriage death or burial or shall certify any writing to be a copy or extract from any such register knowing such writing or the part of such register whereof such copy or extract shall be so given to be false in any material particular or shall forge or counterfeit the seal if any of or belonging to the office of the Registrar-General or of any deputy registrar or shall offer utter dispose of or put off any such register entry certified copy certificate or seal knowing the same to be false forged or altered or shall offer utter dispose of or put off any copy of any entry in any such register knowing such entry to be false forged or altered shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding five years.

Demanding Property upon Forged Instruments.

  1. Whosoever with intent to defraud shall demand receive or obtain or cause or procure to be delivered or paid to any person or endeavour to receive or obtain or to cause or procure to be delivered or paid to any person any chattel money security for money or other property whatsoever under upon or by virtue of any forged or altered instrument whatsoever knowing the same to be forged or altered or under upon or by virtue of any probate or letters of administration knowing the will testament codicil or testamentary writing on which such probate or letters of administration shall have been obtained to have been forged or altered or knowing such probate or letters of administration to have been obtained by any false oath affirmation or affidavit shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.

Miscellaneous Provisions.

  1. Where by this Act or any other Act any person is or shall hereafter be made liable to punishment for forging or altering or for offering uttering disposing of or putting off knowing the same to be forged or altered any instrument or writing designated in such Act by any special name or description and such instrument or writing however designated shall be in law a will testament codicil or testamentary writing or a deed bond or writing obligatory or a bill of exchange or a promissory note for the payment of money or an indorsement on or assignment of a bill of exchange or promissory note for the payment of money or an acceptance of a bill of exchange or an undertaking warrant order authority or request for the payment of money or an indorsement or on assignment of an undertaking warrant order authority or request for the payment of money within the true intent and meaning of this Part of this Act in every such case the person forging or altering such instrument or writing or offering uttering disposing of or putting off such instrument or writing knowing the same to be forged or altered may be informed against as an offender against this Act and punished accordingly.
  2. Where the forging or altering any writing or matter whatsoever or the offering uttering disposing of or putting off any writing matter whatsoever knowing the same to be forged or altered is in this Act expressed to be an offence if any person shall in Victoria forge or alter or offer utter dispose of or put off knowing the same to be forged or altered any such writing or matter in whatsoever place or country out of Victoria whether under the domination of Her Majesty or not such writing or matter may purport to be made or may have been made and in whatever language the same or any part thereof may be expressed every such person and every person aiding abetting or counselling such person shall be deemed to be an offender within the meaning of this Act and shall be punishable thereby in the same manner as if the writing or matter had purported to be made or had been made in Victoria and of any person shall in Victoria forge or alter or offer utter dispose of or put off knowing the same to be forged or altered any bill of exchange or any promissory note for the payment of money or any indorsement on or assignment of any bill of exchange or promissory note for the payment of money or any acceptance of any bill of exchange or any undertaking warrant order authority or request for the payment of money or for the delivery or transfer of any goods or security or any deed bond or writing obligatory for the payment of money (whether such deed bond or writing obligatory shall be made only for the payment of money or for the payment of money together with some other purpose) or any indorsement on or assignment of any such undertaking warrant order authority request deed bond or writing obligatory in whatsoever place or country out of Victoria whether under the dominion of Her Majesty or not the money payable or secured by such bill note undertaking warrant order authority request deed bond or writing obligatory may be or may purport to be payable or the goods or security transferable or deliverable under such undertaking warrant order authority or request may be or may purport to be so transferable or deliverable and in whatever language the said writings or instruments respectively or any part thereof may be expressed and whether such bill note undertaking warrant authority or request be or be not under seal every such person and every person aiding abetting or counselling such person shall be deemed to be an offender within the meaning of this Act and shall be punishable thereby in the same manner as if the money had been payable or had purported to be payable in Victoria.
  3. Where the having any matter in the custody or possession of any person is in this Part of this Act expressed to be an offence if any person shall have any such matter in his personal custody or possession or shall knowingly and wilfully have any such matter in the actual custody or possession of any other person 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 of 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 Part of this Act.
  4. Where by any Act now in force any person falsely making forging counterfeiting erasing 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 Act be guilty of felony and would before the first day of August in the year of our Lord One thousand eight hundred and thirty-three have been liable to suffer death as a felon or where by any Act now in force 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 any 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 or false affirmation 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 or false affirmation would according to the provisions contained in any such Act be guilty of felony and would before the first day of August in the year of our Lord One thousand eight hundred and thirty-three have been liable to suffer death as a felon or where by any Act 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 Act be guilty of felony and would before the first day of August in the year of our Lord One thousand eight hundred and thirty-three have 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 Act be convicted of any felony as is hereinbefore 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 imprisoned for any term not exceeding fifteen years.

PART 5 – COINAGE.

  1. In the interpretation of and for the purposes of this Act the expression “the Queen’s current gold or silver coin” shall include any gold or silver coin coined in any of Her Majesty’s Mints or lawfully current by virtue of any Act or proclamation or otherwise in any part of Her Majesty’s dominions whether within the United Kingdom or otherwise and the expression “the Queen’s copper coin” shall include any copper coin and any coin of bronze or mixed metal coined in any of Her Majesty’s Mints or lawfully current by virtue of any Act or proclamation or otherwise in any part of Her Majesty’s said dominions and the expression “false or counterfeit coin resembling or apparently intended to resemble or pass for any of the Queen’s current gold or silver coin” shall include any of the current coin which shall have been gilt silvered washed coloured or cased over or in any manner altered so as to resemble or be apparently intended to resemble or pass for any of the Queen’s current coin of a higher denomination and the expression “the Queen’s current coin” shall include any coin coined in any of Her Majesty’s Mints or lawfully current by virtue of any Act or proclamation of otherwise in any part of Her Majesty’s said dominations and whether made of gold silver copper bronze or mixed metal and where the having any matter in the custody or possession of any person is mentioned in this Part of this Act it shall include not only the having of it by himself in his personal custody or possession but also the knowingly and wilfully having it in the actual custody or possession of any other person and also the knowingly and wilfully having it in any dwelling-house or any 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 benefit or for that of any other person.
  2. Whosoever shall falsely make or counterfeit any coin resembling or apparently intended to resemble or pass for any of the Queen’s current gold or silver coin shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  3. Whosoever shall gild or silver or shall with any wash or materials capable of producing the colour or appearance of gold or of silver or by any means whatsoever wash case over or colour any coin whatsoever resembling or apparently intended to resemble or pass for any of the Queen’s current gold or silver coin shall gild or silver or shall with any wash or materials capable of producing the colour or appearance of gold or of silver or by any means whatsoever wash case over or colour any piece of silver or copper or of coarse gold or coarse silver or of any metal or mixture of metals respectively being of a fit size and figure to be coined and with intent that the same shall be coined into false and counterfeit coin resembling or apparently intended to resemble or pass for any of the Queen’s current gold or silver coin or shall gild or shall with any wash or materials capable of producing the colour or appearance of gold or by any means whatsoever wash case over or colour any of the Queen’s current silver coin or file or in any manner alter such coin with intent to make the same resemble or pass for any of the Queen’s current gold coin or shall gild or silver or shall with any wash or materials capable of producing the colour or appearance of gold or silver or by any means whatsoever wash case over or colour any of the Queen’s current copper coin or file or in any manner alter such coin with intent to make the same resemble or pass for any of the Queen’s current gold or silver coin shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  4. Whosoever shall impair diminish or lighten any of the Queen’s current gold or silver coin with intent that the coin so impaired diminished or lightened may pass for the Queen’s current gold or silver coin shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years.
  5. Whosoever shall unlawfully have in his custody or possession any filings or clippings or any gold or silver bullion or any gold or silver in dust solution or otherwise which shall have been produced or obtained by impairing diminishing or lightening any of the Queen’s current gold or silver coin knowing the same to have been so produced or obtained shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding five years.
  6. Whosoever without lawful authority or excuse (the proof whereof shall lie on the party accused) shall buy sell receive pay or put off or offer to buy sell receive pay or put off any false or counterfeit coin resembling or apparently intended to resemble or pass for any of the Queen’s current gold or silver coin at or for a lower rate or value than the same imports or was apparently intended to import shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  7. Whosoever without lawful authority or excuse (the proof whereof shall lie on the party accused) shall import or receive into Victoria from beyond the seas any false or counterfeit coin resembling or apparently intended to resemble or pass for any of the Queen’s current gold or silver coin knowing the same to be false or counterfeit shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  8. Whosoever without lawful authority or excuse (the proof whereof shall lie on the party accused) shall export or put on board any ship vessel or boat for the purpose of being exported from Victoria any false or counterfeit coin resembling or apparently intended to resemble or pass for any of the Queen’s current coin knowing the same to be false or counterfeit shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding two years.
  9. Whosoever shall tender utter or put off any false or counterfeit coin resembling or apparently intended to resemble or pass for any of the Queen’s current gold or silver coin knowing the same to be false or counterfeit shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding one year.
  10. Whosoever shall tender utter or put off any false or counterfeit coin resembling or apparently intended to resemble or pass for any of the Queen’s current gold or silver coin knowing the same to be false or counterfeit and shall at the time of such tendering uttering or putting off have in his custody or possession besides the false or counterfeit coin so tendered uttered or put off any other piece of false or counterfeit coin resembling or apparently intended to resemble or pass for any of the Queens current gold or silver coin or shall either on the day of such tendering uttering or putting off or within the space of ten days then next ensuing tender utter or put off any false or counterfeit coin resembling or apparently intended to resemble or pass for any of the Queen’s current gold or silver coin knowing the same to be false or counterfeit shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding two years.
  11. Whosoever shall have in his custody or possession three or more pieces of false or counterfeit coin resembling or apparently intended to resemble or pass for any of the Queen’s current gold or silver coin knowing the same to be false or counterfeit and with intent to utter or put off the same or any of them shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding three years.
  12. Whosoever having been convicted either before or after the passing of this Act of any such misdemeanour as in any of the last three preceding sections mentioned or of any felony against this or any former Act relating to the coin shall afterwards commit any of the misdemeanours in any of the said sections mentioned shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  13. Whosoever shall with intent to defraud tender utter or put off as or for any of the Queen’s current gold or silver coin any coin not being such current gold or silver coin or any metal or piece of metal or mixed metals resembling in size figure and colour the current coin as or for which the same shall be so tendered uttered or put off such coin medal or piece of metal or mixed metals so tendered uttered or put off being of less value than the current coin as or for which the same shall be so tendered uttered or put off shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding one year.
  14. Whosoever shall falsely make or counterfeit any coin resembling or apparently intended to resemble or pass for any of the Queen’s current copper coin and whosoever without lawful authority or excuse (the proof whereof shall lie on the party accused) shall knowingly make or mend or begin to proceed to make or mend or buy or sell or have in his custody or possession any instrument tool or engine adapted and intended for the counterfeiting any of the Queen’s current copper coin or shall buy sell receive pay or put off or offer to buy sell receive pay or put off any false or counterfeit coin resembling or apparently intended to resemble or pass for any of the Queen’s current copper coin at or for a lower rate or value than the same imports or was apparently intended to import shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding five years.
  15. Whosoever shall tender utter or put off any false or counterfeit coin resembling or apparently intended to resemble or pass for any of the Queen’s current copper coin knowing the same to be false or counterfeit or shall have in his custody or possession three or more pieces of false or counterfeit coin resembling or apparently intended to resemble or pass for any of the Queen’s current copper coin knowing the same to be false or counterfeit and with intent to utter or put off the same or any of them shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding one year.
  16. Whosoever shall deface any of the Queen’s current gold silver or copper coin by stamping thereon any names or words whether such coin shall or shall not be thereby diminished or lightened shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding one year.
  17. No tender of payment in money made in any gold silver or cooper coin so defaced by stamping as in the last preceding section mentioned shall be allowed to be a legal tender and whosoever shall tender utter or put off any coin so defaced shall on conviction thereof before two justices be liable to forfeit and pay any sum not exceeding forty shillings. Provided that it shall not be liable for any person to proceed for any such last-mentioned penalty without the consent of a law officer.
  18. Whosoever shall make or counterfeit any kind of coin not being the Queen’s current gold or silver coin but resembling or apparently intended to resemble or pass for any gold or silver coin of any foreign prince state or country shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding five years.
  19. Whosoever without lawful authority or excuse (the proof whereof shall lie on the party accused) shall bring or receive into Victoria any such false or counterfeit coin resembling or apparently intended to resemble or pass for any gold or silver coin of any foreign prince state or country knowing the same to be false or counterfeit shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding five years.
  20. Whosoever shall tender utter or put off any such false or counterfeit coin resembling or apparently intended to resemble or pass for any gold or silver coin of any foreign prince state or country knowing the same to be false or counterfeit shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding six months.
  21. Whosoever having been so convicted as in the last preceding section mentioned shall afterwards commit the like offence of tendering uttering or putting off any such false or counterfeit coin as aforesaid knowing the same to be false or counterfeit shall be guilty of misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding two years and whosoever having been so convicted of a second offence shall afterwards commit the like offences of tendering uttering or putting off any such false or counterfeit coin as aforesaid knowing the same to be false or counterfeit shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  22. Whosoever shall falsely make or counterfeit any kind of coin not being the Queen’s current coin but resembling or apparently intended to resemble or pass for any copper coin of any foreign prince state or any other coin of any foreign prince state or country made of any metal or mixed metals of less value than the silver coin of such foreign prince state or country shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding one year and for the second offence to be imprisoned for any term not exceeding five years.
  23. Whosoever without lawful authority or excuse (the proof whereof shall lie on the party accused) shall have in his custody or possession any greater number of pieces than five pieces of false or counterfeit coin resembling or apparently intended to resemble or pass for any gold or silver coin of any foreign prince state or country or any such copper or other coin as in the last preceding section mentioned shall on conviction thereof before any justice forfeit and lose all such false and counterfeit coin which shall be cut in pieces and destroyed by order of such justice and shall for every such offence forfeit and pay any sum of money not exceeding forty shillings nor less than ten shillings for every such piece of false and counterfeit coin which shall be found in the custody or possession of such person and in case any such penalty shall not be forthwith paid it shall be lawful for any such justice to commit the person who shall have been adjudged to pay the same to be imprisoned and kept to hard labour for the space of three months or until such penalty shall be paid.
  24. Whosoever without lawful authority or excuse (the proof whereof shall lie on the party accused) shall knowingly make or mend or being or proceed to make or mend or buy or sell or have in his custody or possession any puncheon counter puncheon matrix stamp die pattern or mould in or upon which there shall be made or impressed or which will make or impress or which shall be adapted and intended to make or impress the figure stamp or apparent resemblance of both or either of the sides of any of the Queen’s current gold or silver coin of any coin of any foreign prince state or country or any part or parts of both or either of such sides or shall make or mend or begin or proceed to make or mend or shall buy or sell or have in his custody or possession any edger edging or other tool collar instrument or engine adapted and intended for the marking of coin round the edges with letters grainings or other marks or figures apparently resembling those on the edges of any such coin as in this section aforesaid knowing the same to be so adapted and intended as aforesaid or shall make or mend or begin or proceed to make or mend or shall buy or sell or have in his custody or possession any press for coinage or any cutting engine for cutting by force of a screw or of any other contrivance round blanks out of gold silver or other metal or mixture of metals or any other machine knowing such press to be a press for coinage or knowing such engine or machine to have been used or to be intended to be used for or in order to the false making or counterfeiting of any such coin as in this section aforesaid shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  25. Every offence of falsely making or counterfeiting any coin or of buying selling receiving paying tendering uttering or putting off or of offering to buy sell receive pay utter or put off any false or counterfeit coin against the provisions of this Part of this Act shall be deemed to be complete although the coin so made or counterfeited or bought sold received paid tendered uttered or put off or offered to be bought sold received paid uttered or put off shall not be in a fit state to be uttered or the counterfeiting thereof shall not be finished or perfected.

PART 6 – PERJURY.

  1. In every case in which by any Act now or hereafter to be in force it shall be required or authorised that facts matters or things be verified or otherwise assured or ascertained by or upon the oath affirmation declaration or affidavit of some or any person if any person having in any such case taken or made any oath affirmation or declaration so required or authorized shall knowingly wilfully and corruptly upon such oath affirmation or declaration depose swear to or make any false statement as to any such fact matter or thing or if any person shall knowingly wilfully and corruptly upon oath depose to the truth of any statement for so verifying assuring or ascertaining any such fact matter or thing or purporting so to do or shall knowingly wilfully and corruptly take make sign or subscribe any such affirmation declaration or affidavit as to any such fact matter or thing such statement affirmation or declaration being untrue in the whole or any part thereof shall knowingly wilfully and corruptly omit from any such affidavit made or sworn under the provisions of any law relating to the registration of newspapers any matter which by the provisions of such law is required to be stated in such affidavit he shall be deemed to be guilty of wilful and corrupt perjury and be punished accordingly. Provided that nothing herein contained shall affect any case amounting to perjury at the common law or the case of any offence in respect of which other or special provision is made by any Act.
  2. All evidence and proof whatsoever whether given or made orally or by or in any affidavit examination or deposition shall be deemed and taken to be material with respect to the liability of any person to be proceeded against and punished for wilful and corrupt perjury or for subordination of perjury.

PART 7 – PRINCIPLES IN THE SECOND DEGREE ACCESSORIES RECEIVERS AND ABETTORS.

Principles in the Second Degree.

  1. In every felony punishable under this Act every principle in the second degree shall be punishable in the same manner as the principle in the first degree is punishable.

Accessories before the Fact.

  1. Whosoever shall become an accessory before the fact to any felony whether the same be a felony at common law or by virtue of any Act passed or to be passed may be informed against tried convicted and punished in all respects as if he were a principle felon.

Accessories after the Fact.

  1. Whosoever shall become an accessory after the fact to any felony whether the same be a felony at common law or by virtue of any Act passed or to be passed may be informed against and convicted either as an accessory after the fact to the principle felony together with the principle felon or after the conviction of the principle felon or may be informed against and convicted of a substantive felony whether the principle felon shall or shall not have been previously convicted or shall or shall not be amenable to justice and may thereupon be punished in like manner as any accessory after the fact to the same felony if convicted as an accessory may be punished.
  2. Whosoever shall become accessory after the fact to murder shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  3. Every accessory after the fact to any felony (except where it is otherwise specially enacted) whether the same to be a felony at common law or by virtue of any Act passed or to be passed shall be liable at the discretion of the Court to be imprisoned for any term not exceeding two years.

Receivers.

  1. Whosoever shall receive and chattel money valuable security or other property whatsoever the stealing taking extorting obtaining embezzling or otherwise disposing whereof shall amount to a felony either at common law or by virtue of the Second Part of this Act such person knowing the same to have been feloniously stolen taken extorted obtained embezzled or disposed of shall be guilty of felony and may be informed against and convicted either as an accessory after the fact or for a substantive felony and in the latter case whether the principle felon shall or shall not have been previously convicted or shall or shall not be amenable to justice and every such receiver howsoever convicted shall be liable at the discretion of the Court to be imprisoned for any term not exceeding ten years. Provided always that no person howsoever tried for receiving as aforesaid shall be liable to be prosecuted a second time for the same offence.
  2. Whosoever shall receive any chattel money valuable security or other property whatsoever the stealing taking obtaining converting or disposing whereof is made a misdemeanour by the Second Part of this Act such person knowing the same to have been unlawfully stolen taken obtained converted or disposed of shall be guilty of a misdemeanour and may be informed against and convicted thereof whether the person guilty of the principle misdemeanour shall or shall not have been previously convicted thereof or shall or shall not be amenable to justice and every such receiver being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding three years.
  3. Where the stealing or taking of any property whatsoever is by the Second Part of this Act punishable on summary conviction either for every offence or for the first and second offence only or for the first offence only any person who shall receive any such property knowing the same to be unlawfully come by shall on conviction thereof before a justice be liable for every first second or subsequent offence of receiving to the same forfeiture and punishment to which a person guilty of a first second or subsequent offence of stealing or taking such property is by the said Second Part made liable.

Accessories generally.

  1. If any principle offender shall be in anywise convicted of any felony it shall be lawful to proceed against any accessory either before or after the fact in the same manner as if such principle felon had been attained thereof notwithstanding such principle felon shall die or be pardoned or otherwise delivered before attainder and every such accessory shall upon conviction suffer the same punishment as he would have suffered if the principle had been attainted.
  2. No person who shall be once duly tried either as an accessory before or after the fact or for a substantive felony under the provisions hereinbefore contained shall be liable to be afterwards prosecuted for the same offence.

Abettors in Misdemeanours.

  1. Whosoever shall aid abet counsel or procure the commission of any misdemeanour whether the same be a misdemeanour at common law or by virtue of any Act passed shall be liable to be tried informed against and punished as a principle offender.

Abettors in Offences punishable summarily.

  1. Whosoever shall aid abet counsel or procure the commission of any offence which is by this Act punishable on summary conviction either for every time of its commission or for the first and second time only or for the first time only every such person shall on conviction before a justice save in cases in which some other provision is made by this Act be liable for every first second or subsequent offence of aiding abetting counselling or procuring to the same forfeiture and punishment to which a person guilty of a first second or subsequent offence as a principle offender is by this Act made liable.

PART 8 – SUBSEQUENT AND OTHER FELONIES.

  1. Whosoever shall be convicted of any felony not punishable with death committed after a previous conviction for felony shall (save where it is otherwise specially provided) be liable on such subsequent conviction at the discretion of the Court to be imprisoned for any term not exceeding fifteen years.
  2. Whosoever shall be convicted of any felony not punishable with death shall be punished in the manner prescribed by the statutes or Acts relating to such felony and whosoever shall be convicted of any felony for which no punishment hath been or hereafter may be specially provided shall be deemed to be punishable under this section and shall be liable at the discretion of the Court to be imprisoned for any term not exceeding five years.

PART 9 – PUNISHMENT THE INCIDENTS AND THE REMISSION THEREOF.

Sentences for Indictable Offences.

  1. Upon every conviction for murder the Court shall pronounce sentence of death in the same manner in all respects as sentence of death might have been pronounced before the passing of this Act upon a conviction for any other felony for which the prisoner might have been sentenced to suffer death as a felon.
  2. Whenever any person shall be convicted of any felony punishable with death except murder and the court before which such offender shall be convicted shall be of opinion that under the particular circumstances of the case such offender is a fit and proper person to be recommended for the Royal mercy it shall and may be lawful for such Court if it shall think fit so to do to direct the proper officer then being present in Court to require and ask whereupon such officer shall require and ask if such offender hath or knoweth anything to say why judgement of death should not be recorded against such offender and in case such offender shall not allege any matter or thing sufficient in law to bar such judgement the Court shall and may and is hereby authorized to abstain from pronouncing judgement of death upon such offender and instead of pronouncing such judgement to order the same to be entered of record and thereupon such proper officer as aforesaid shall and may and is hereby authorized to enter judgement of death on record against such offender in the usual and accustomed form and in such and the same manner as is now used and as if judgement of death had actually been pronounced in open Court against such offender by the Court before which such offender shall have been convicted.
  3. A record of every such judgement so entered as aforesaid shall have the like effects to all intents and purposes and be followed by all the same consequences as if such judgement had actually been pronounced in open Court and the offender had been reprieved by the Court.
  4. Where any person shall have been convicted of any offence punishable with death and shall be reprieved without judgement pronounced against him at that time the Court shall have full power and authority to pronounce judgement of death against such person at any time afterwards.
  5. Whenever imprisonment may by law be awarded for any indictable offence the Court in its discretion may by the sentence to be passed direct that the offender being a male be imprisoned or be imprisoned and kept to hard labour in any gaol in Victoria or be detained and kept to hard labour on public works at the place or places from time to time appointed by or under any law now or hereafter to be in force in that behalf and for a term in every such several case not exceeding that for which by law the imprisonment may be awarded.
  6. Whenever imprisonment may by law be awarded for any indictable offence the Court in its discretion may by the sentence to be passed direct that the offender being a female be imprisoned or be imprisoned and kept to light labour or hard labour in any gaol for a term in every such case not exceeding that for which by law the imprisonment may be awarded.
  7. Whenever imprisonment may by law be awarded for any indictable offence the Court in its discretion may direct that the offender shall not be kept to hard labour or to any labour any law or regulation to the contrary notwithstanding.
  8. Whenever imprisonment may by law be awarded for any indictable offence the Court in its discretion may by the sentence to be passed on the offender direct that he be kept in solitary confinement for any portion or portions of his imprisonment or imprisonment with hard labour or detention as aforesaid not exceeding one month at any one time and not exceeding three months in any one year.
  9. Whenever imprisonment mat be awarded for any indictable offence against the First Second Third or Eighth Part of this Act the Court may in its discretion by the sentence to be passed on the offender if he be a male under the age of sixteen years direct in addition to such award that he be privately whipped in such manner and as often not exceeding three times as the Court shall direct and the number of strokes at each whipping and the instrument with which they shall be inflicted shall be specified by the Court in the sentence.
  10. Where any person is convicted of a crime under the eighteenth of the fifty-eighth or the one hundred and eleventh section of this Act the court before whom he is convicted may in addition to the punishment awarded direct that the offender if a male whose age exceeds sixteen years be once twice or thrice privately whipped. Provided the number of strokes do not exceed fifty at each such whipping and that the court in its sentence shall specify the number of strokes to be inflicted and the instrument to be used. Provided also that in no case shall such whipping take place after the expiration of six months from the passing of the sentence. Provided also that in all cases where the punishment of whipping shall be inflicted under the authority of this or the next preceding section the surgeon or medical officer of the gaol in which the offender is confined shall be present when the said punishment is inflicted and such surgeon or medical officer if he be of opinion that the prisoner is not at any time able to bear the whole or any part of the said punishment so awarded may from time to time order the infliction of the whole or any part of the said punishment to be postponed and shall within seven days after the making of any such order send a report in writing stating his reasons for making such order to the Minister in whose department the Act now or hereafter to be in force relating to gaols shall for the time being be administered.
  11. Whenever imprisonment may by law be awarded for any felony attended with violence to the person or committed by the offender when armed with any offensive weapon or instrument or by means of any threat or by putting in fear or for any perjury the Court may in its discretion by the sentence to be passed on the offender being a male direct that he be kept in irons for any portion not exceeding the first three years of such imprisonment or of such imprisonment or detention with hard labour as the Court may award.
  12. Whenever sentence shall be passed for felony on a person already whether under this or any former Act imprisoned or adjudged to be imprisoned or detained or adjudged to be detained and kept to hard labour on public works under sentence for another crime it shall be lawful for the Court to award the imprisonment or detention for the subsequent offence at the expiration of the imprisonment or detention to which such person shall have been previously sentenced although the aggregate term of imprisonment or detention respectively may exceed the term for which either of those punishments could be otherwise awarded.
  13. Benefit of clergy with respect to persons convicted of felony is and is declared since the first day of April in the year or our Lord One thousand eight hundred and twenty-eight to have been abolished but nothing herein contained shall prevent the joinder in any information of any counts which might have been joined before the passing of this Act.
  14. No person convicted of felony shall suffer death unless it be for some felony which was punishable with death at the commencement of this Act and remains so punishable thereafter or which is hereby or shall by some Act hereafter to be passed be made punishable with death.
  15. Whenever any person shall be convicted of any indictable misdemeanour punishable under this Act the Court may if it shall think fit in addition to or in lieu of any of the punishments by this act authorized fine the offender and 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 case of any felony punishable under this Act the Court may if it shall think fit require the offender to enter into his own recognizances and to find sureties both or either for keeping the peace in addition to any punishment by this Act authorized. Provided that no person shall be imprisoned under this clause for any period exceeding one year for not finding sureties. Provided that where any provision is made by this Act as to fines in any special case such provision shall be pursued in awarding a fine under this section.

Awards &c. in Cases of Summary Conviction.

  1. Whenever imprisonment may be awarded for any offence punishable on summary conviction under this Act the justices may in the discretion direct that the offender be imprisoned or be imprisoned and kept to hard labour in any gaol.
  2. Where any person shall be summarily convicted before a justice of any offence against any of the provisions of the Second or Third Part of this Act other than the sixty-sixth and the five sections next following the same and it shall be a first conviction the justice may if he shall so think fit discharge the offender from his conviction upon his making such satisfaction to the party aggrieved for damages and costs or either of them as shall be ascertained by the justice.
  3. In case any person convicted of any offence punishable upon summary conviction by virtue of any of the provisions of the Second or Third Part of this Act other than the sixty-sixth and the five sections next following the same shall have paid the sum adjudged to be paid together with costs under such conviction or shall have received a remission thereof from the Crown or shall have suffered the imprisonment awarded for non-payment thereof or the imprisonment adjudged in the first instance or shall have been discharged from his conviction by any justice as aforesaid in every such case he shall be released from all further or other proceedings for the same cause
  4. Every sum of money which shall under the Second or Third Part of this Act be forfeited on any 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 justice) shall save where herein otherwise provided be paid to the party aggrieved except where he in unknown and in that case such sum shall be paid and applied to the consolidated revenue. Provided that where several persons shall join in the commission of the same offence and shall upon conviction thereof each be adjudged to forfeit a sum equivalent to the value of the property or to the amount of the injury in every such case no further sum shall be paid to the party aggrieved than such value or amount and the remaining sum or sums forfeited shall be paid and applied to the consolidated revenue.
  5. Wherever under this Act or any other Act relating to any offence whether punishable on information as for an indictable offence or on summary conviction any forfeiture or penalty is payable to a party aggrieved it shall be payable to a body corporate in every case where such body shall be the party aggrieved.
  6. In every case of a summary conviction under the Second or Third Part of this Act where the sum which shall be forfeited for the value of the property stolen or taken or for the amount of the injury done or which shall be imposed as a penalty by the justice shall not be paid either immediately after the conviction or within such period as the justice shall at the time of the conviction appoint the convicting justice (unless where otherwise specially directed) may commit the offender to be imprisoned only or to be imprisoned and kept to hard labour according to the discretion of the justice for any term not exceeding two months where the amount of the sum forfeited or of the penalty imposed or of both (as the case may be) together with the costs shall not exceed five pounds and for any term not exceeding four months where the amount with costs shall not exceed ten pounds and for any term not exceeding six months in any other case the commitment to be determined in each of the cases aforesaid upon payment of the amount and costs.

Execution of Capital and other Sentences.

  1. Sentence of death passed on any person by the Supreme Court or any Circuit Court or by any judge thereof respectively shall be carried into execution within the walls or within the enclosed yard of such gaol as the Governor may by writing under his hand direct and not otherwise or elsewhere by the sheriff within whose bailiwick the gaol shall be situated.
  2. The sheriff aforesaid the gaoler and such of the officers of the gaol as the said sheriff may require including the medical officer in attendance on the occasion shall be present within such walls or yard at every such execution together with any justices ministers of religion and officers of police who may desire to attend and such military guard and adult spectators as the said sheriff may think fit to admit.
  3. Each of the persons aforesaid who may attend or be present at any such execution shall continue and remain within the walls or enclosed yard of the gaol until the sentence shall have been carried into execution and completed according to law and until the medical officer shall have signed a certificate in the form set forth in the third schedule and the said sheriff gaoler and officers of the gaol and such other persons present as may think fit shall before their departure from the gaol subscribe a declaration according to the form set forth in the fourth schedule.
  4. The body of any person on whom the sentence of death shall have been carried into execution as aforesaid shall not be buried or removed from the gaol within eight hours next after such execution or till after inquest as hereinafter provided and every person who shall within that time produce to the gaoler of such gaol an order from any justice requiring such gaoler to admit the bearer of such order to view the body of such person shall and may be admitted by such gaoler accordingly.
  5. The coroner acting for the district in which any gaol may be situated wherein any sentence of death shall have been carried into execution upon the body of any person shall so soon after as conveniently may be hold an inquest upon the body of such person and the jurors of the jury on such inquest shall enquire and find whether such sentence was duly carried into execution.
  6. Any person who shall subscribe any certificate or declaration as aforesaid knowing the same to be false or to contain any false statement or who shall bury or remove from such gaol within the time of eight hours aforesaid any such body as aforesaid shall be deemed guilty of felony and being thereof lawfully convicted shall be liable to be imprisoned for any period not exceeding seven years.
  7. Every such certificate and declaration as aforesaid shall be forthwith transmitted by the sheriff as aforesaid to the prothonotary of the Supreme Court in Melbourne and shall be entered and kept in his office as a record of the said court and shall be by him published in the Government Gazette on three separate occasions.
  8. The body of every person executed for murder shall be buried within the precincts of the gaol in which he shall have been last confined after conviction and the sentence of the Court shall so direct.
  9. Every sentence of imprisonment or of imprisonment or detention with hard labour which shall be passed for any indictable offence with or without solitary confinement whipping or irons and every award of imprisonment for any offence punishable on summary conviction shall be carried out in the manner for the time being provided by any Acts in force relating to gaols or penal establishments in that behalf according to the tenor of every such sentence.
  10. Judgement shall not be given or awarded against any person convicted of any offence that such person do stand in or upon the pillory any law or usage to the contrary notwithstanding.

Commutation Mitigation and Remission.

  1. It shall be lawful for the Governor to grant to any person under any sentence of imprisonment with hard labour or detention with hard labour who shall have suffered such imprisonment or been so detained as the case may be for not less in any case than two years a remission of the remainder of the term for which he shall have been so sentenced on condition that he shall not remain in or come within Victoria during the residue of the said term and it shall be lawful for the Governor in Council to make such rules and regulations as he shall think fit for the mitigation or remission conditional or otherwise of any sentence of imprisonment or of imprisonment or detention with hard labour as an incentive to or reward for good conduct whilst the offender shall be imprisoned or detained under such sentence and to mitigate or remit the term of punishment accordingly.
  2. It shall be lawful for the Governor in all cases in which he is or shall be authorised on behalf of Her Majesty to extend mercy to any offender under sentence or judgement of death whether actually pronounced or recorded only to extend mercy on condition of such offender being imprisoned or imprisoned and kept to hard labour or being detained and kept to hard labour as herein provided on public works for life or for such term as he shall think fit and also if he shall think proper to direct that any offender so pardoned shall be kept to hard labour in irons for any term not exceeding in any case the first three years of the time or term of imprisonment or of detention with hard labour on condition whereof such offender shall have been so pardoned and also direct that such offender shall be kept in solitary confinement for any portions of such time or term not other than or exceeding those for which solitary confinement may be awarded under this Act and such extension of mercy shall be signified by the Chief Secretary to the judge whom such offender was convicted who shall thereupon allow such offender the benefit of a conditional pardon and make an order that such offender be dealt with according to the tenor and condition of such pardon and such allowance or order shall be considered as and have the effect of a valid sentence made and passed by the Court before which such offender was convicted and shall be entered on the records of the Court accordingly.
  3. Nothing in this Act contained shall or doth in any manner affect Her Majesty’s royal prerogative of mercy.

PART 10 – PLEADING AND PROCEDURE.

Discharge without Prosecution.

  1. It shall be lawful for the Attorney General in respect of any person or persons now or hereafter imprisoned under committal for trial for felony or misdemeanour to grant at any time a certificate under his hand in the form in the fifth Schedule to this Act addressed to the judges of the Supreme Court or any one of them who shall thereupon by warrant under their or his hand in the form in the sixth Schedule to this Act order and direct the sheriff or gaoler in whose custody any such prisoner shall be immediately and without fee or reward to discharge the prisoner therein mentioned from imprisonment in respect of the offence mentioned in the same warrant and if such sheriff or gaoler shall refuse or neglect so to do he shall for every such offence forfeit and pay to the use of Her Majesty a fine or penalty of fifty pounds to be recovered by action of debt in the name of the Attorney General.

Venue &c.

  1. The offence of any person who shall be an accessory either before or after the fact to any felony may be dealt with inquired of tried determined and punished by any court which shall have jurisdiction to try the principal felony or any felonies committed in any place in which the act by reason whereof such person shall have become such accessory shall have been committed.
  2. The offence of bigamy may be dealt with inquired of tried determined and punished in any jurisdiction within which the offender shall be apprehended or be in custody in the same manner in all respects as if the offence had been actually committed within that jurisdiction.
  3. Whosoever shall receive any chattel money valuable security or other property whatsoever knowing the same to have been feloniously or unlawfully stolen taken obtained converted or disposed of may whether charged as an accessory after the face to the felony or with a substantive felony or with a misdemeanour only be dealt with informed against tried and punished in any jurisdiction in which he shall have or shall have had any such property in his possession or in any jurisdiction in which the party guilty of the principal felony or misdemeanour may by law be tried in the same manner as such receiver may be dealt with informed against tried and punished in the jurisdiction where he actually received such property.
  4. Whosoever shall steal any part of any ship which shall be in distress or shall commit any other of the offences enumerated in the section of this Act relating to such stealing may be informed against and tried either in the jurisdiction within which the offence shall have been committed or in any jurisdiction next adjoining.
  5. Whosoever shall as a person employed in the public service of Her Majesty commit any offence against the provisions of this Act relating to stealing embezzlement and fraudulent application or disposition by persons so employed may be dealt with informed against tried and punished either in the jurisdiction within which he shall be apprehended or be in custody or in that within which he shall have committed the offence.
  6. Whosoever shall commit any offence against the Fourth Part of this Act or shall commit any offence of forgoing or altering any matter whatsoever or of offering uttering disposing of or putting off any matter whatsoever knowing the same to be forged or altered whether the offence in any such case shall be indictable at common law or by virtue of any Act passed or to be passed may be dealt with informed against tried and punished in any jurisdiction in which he shall be apprehended or be in custody in the same manner in all respects as if his offence had been actually committed in that jurisdiction and every accessory before or after the fact to any such offence if the same be a felony and every person aiding abetting or counselling the commission of any such offence if the same be a misdemeanour may be dealt with informed against tried and punished in any jurisdiction in which he shall be apprehended or be in custody in the same manner in all respects as if his offence and the offence of his principal had been actually committed in such jurisdiction.
  7. Where any person shall tender utter or put off any false or counterfeit coin in one jurisdiction and shall also tender utter or put off any other false or counterfeit coin in any other jurisdiction either on the day of such first-mentioned tendering uttering or putting off or within the space of ten days next ensuing or where two or more persons acting in concert in different jurisdictions shall commit any offence against the Fifth Part of this Act every such offender may be dealt with informed against tried and punished and the offence laid and charged to have been committed in any one of the said jurisdictions in the same manner in all respects as if the offence had been actually and wholly committed within such one jurisdiction.
  8. It shall not be necessary to state any venue in the body of any information but the jurisdiction named in the margin thereof shall be taken to be the venue for all the facts stated in the body of such information provided that in cases where local description is or hereafter shall be required such local description shall be given in the body of the information.
  9. It shall be lawful for the Supreme Court at any stage of any criminal proceedings depending therein or in any circuit court whether the venue be by law local or not to order that the venue be changed and to direct that the trial be had in Melbourne or in some particular circuit district of the said colony in such cases and for such reasons as the justice of the case may require and subject to such conditions as the said court may in its discretion impose.

Joinder of Defendants in certain Cases.

  1. Any number of accessories at different times to any felony and any number of receivers at different times of the whole or any part or parts of any property which shall at one time have 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 Act may be charged with substantive felonies in the same information and may be tried together notwithstanding the principal felon shall not be included in the same information or shall not be in custody or amenable to justice.

What Information and Instruments shall suffice and avail.

  1. No information for any indictable offence shall be held insufficient for want of the averment of any matter unnecessary to be proved nor for the omission of the words “as appears upon the record” or “as appears by the record” or of the words “with force and arms” or of the words “against the peace” or of the insertion of the words “against the form of the statute” instead of the words “against the form of the statutes” or vice versa or for that any person mentioned in the information is designated by a name of office or other descriptive appellation instead of his proper name or for omitting to the state the time at which the offence was committed in any case where time is not of the essence of the offence or for stating the time imperfectly or for stating the offence to have been committed on a day subsequent to the finding of the information or on an impossible day or on a day that never happened or for want of a proper or perfect venue or for want of a proper or formal conclusion or for want of or imperfection in the addition of any defendant or for want of the statement of the value or price of any matter or thing or the amount of damage injury or spoil in any case where the value or price or the amount of damage injury or spoil is not of the essence of the offence.
  2. In any information for any felony or misdemeanour wherein it shall be requisite to state the ownership of any property of any property whatsoever whether real or personal which shall belong to or be in the possession of more than one person whether such persons be partners in trade joint tenants parceners or tenants in common it shall be sufficient to name one of such persons and to state such property to belong to the person so named and another or others as the case may be and whenever in any information for any felony or misdemeanour it shall be necessary to mention for any purpose whatsoever any partners joint tenants parceners or tenants in common it shall be sufficient to describe them in the manner aforesaid and this provision shall be construed to extend to all joint-stock companies and trustees.
  3. All property real and personal whereof any body corporate shall by law have the management control or custody shall for the purpose of any information or proceeding against any other person for any offence committed on or in respect thereof be deemed to be the property of such body corporate.
  4. In any information for murder or manslaughter or for being an accessory to any murder or manslaughter it shall not be necessary to set forth the manner in which or the means by which the death of the deceased was caused but shall be sufficient in any information for murder to charge that the defendant did feloniously wilfully and of his malice aforethought kill and murder the deceased and it shall be sufficient in any information for manslaughter to charge that the defendant did feloniously kill and slay the deceased and it shall be sufficient in any information against any accessory to any murder or manslaughter to charge the principal with the murder or manslaughter (as the case may be) in the manner hereinbefore specified and then to charge the defendant as an accessory in the manner heretofore used and accustomed.
  5. In any information for forging altering uttering offering disposing of or putting off any instrument whatsoever or for obtaining or attempting to obtain any property by false pretences or for any offence against the Third Part of this Act it shall be sufficient where it shall be necessary to allege an intent to defraud or injure to allege that the defendant did the act with intent to defraud or injure as the case may be without alleging an intent to defraud or injure any particular person and in the case of obtaining or attempting to obtain property by false pretences without alleging any ownership of the chattel money or valuable security and on the trial of any of the offences in this section mentioned it shall not be necessary to prove an intent on the part of the defendant to defraud or injure any particular person but it shall be sufficient to prove that the defendant did the act charged with an intent to defraud or injure as the case may be.
  6. In any information for an indictable offence punishable under this Act and committed after a previous conviction or convictions for any felony misdemeanour or offence or offences punishable upon summary conviction it shall be sufficient after charging the subsequent offence to state that the offender was at a certain time and place or at certain times and places convicted of felony or of an indictable misdemeanour or of an offence or offences punishable upon summary conviction (as the case may be) and to state the substance and effect only omitting the formal part of the information and conviction or of the summary conviction (as the case may be) for the previous offence without otherwise describing the previous offence or offences.
  7. In every information whatsoever whether for any of the offences hereinafter in this section specially named or not in which it shall be necessary to make any averment as to any money or any note of any bank and in every information for embezzlement fraudulent application or fraudulent disposition by any person as a person employed in the public service of Her Majesty or for embezzlement as a clerk or servant or person employed for the purpose or in the capacity of a clerk or servant where the offence shall relate to any valuable security it shall be sufficient to describe such money bank note or valuable security simply as money without specifying any particular coin bank note or valuable security and such allegation so far as regards the description of the property shall in all cases be sustained by proof of any amount of coin or of any bank note and in the cases of offences hereinbefore in this section specially named of any valuable security although the particular species of coin of which such amount was composed or the particular nature of the bank note or valuable security not be proved and in the cases of the offences so specially named and also in the case of obtaining money or bank notes by false pretences by proof that the offender embezzled fraudulently applied or disposed of any amount or obtained any piece of coin or any bank note or any portion of the value thereof respectively although such piece of coin or bank note or valuable security as the case may be may have been delivered to him in order that some part of the value thereof should be returned to the party delivering the same or to any other person and such part shall have been returned accordingly.
  8. It shall be lawful to insert several counts in the same information against the same person for any number of distinct acts 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.
  9. In any information for stealing or for any fraudulent purpose destroying cancelling obliterating or concealing the whole or any part of 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 the part of the title of the person or of some one of the persons having an interest whether vested or contingent legal or equitable in the real estate to which the same relates and to mentions such real estate or some part thereof.
  10. In any information for any of the following offences it shall not be necessary to allege that the instrument document article or thing in respect of which the offence is committed is the property of any person that is to say –
    1. The offence of stealing any testamentary instrument and any other of the offences enumerated in the section of this Act relating to such stealing.
    2. The offence of stealing any original document of any court and any other of the offences enumerated in the section of this Act relating to such stealing.
    3. The offence of stealing or of ripping cutting severing or breaking with intent to steal anything made of metal fixed in any square or street or in any place dedicated to public use or ornament.
  11. For preventing difficulties in the prosecution of offenders in any case of embezzlement or fraudulent application or disposition by any person as a person employed in the public service of Her Majesty or of embezzlement by any person as a clerk or servant or person employed for the purpose or in the capacity of clerk or servant it shall be lawful to charge in the information and proceed against the offender for any number of distinct acts of embezzlement or of fraudulent application or disposition not exceeding three which may have been committed by him against Her Majesty or against the same master or employer as the case may be within the space of six months from the first to the last of such acts.
  12. In every case of larceny committed against Her Majesty or embezzlement fraudulent application or disposition committed against Her Majesty as in the last preceding section mentioned of any chattel money or valuable security it shall be lawful in the order of committal by the justice before whom the offender shall be charged and in the information to be preferred against the offender to lay the property of any such chattel money or valuable security as aforesaid in Her Majesty.
  13. In every case of stealing any chattel let to be used in or with any house or lodging it shall be lawful to prefer an information in the common form as for larceny and in every case of stealing any fixture so let as aforesaid to prefer an information in the same form as if the offender were not a tenant or lodger and in either case to lay the property in the owner or person letting to hire.
  14. In any information containing a charge of feloniously stealing any property it shall be lawful at add a count or several counts for feloniously receiving the same or any part or parts thereof knowing the same to have been stolen and in any information for feloniously receiving any property knowing it to have been stolen it shall be lawful to add a count for feloniously stealing the same.
  15. In any information for forging altering offering uttering disposing of or putting off or for stealing embezzling extorting converting disposing or destroying or concealing or for obtaining by false pretences any instrument it shall be sufficient to describe such instrument by any name or designation by which the same may be usually known or by the purport thereof without setting out any copy of facsimile thereof or otherwise describing the same or the value thereof.
  16. In any information for engraving or making the whole or any part of any instrument matter or thing whatsoever or for using or having the unlawful custody or possession of any plate or other material upon which the whole or any part of any instrument matter or thing whatsoever shall have been engraved or made or for having the unlawful custody or possession of any paper upon which the whole or any part of any instrument matter or thing whatsoever shall have been made or printed it shall be sufficient to describe such instrument matter or thing by any name or designation by which the same may be usually known without setting out any copy or facsimile of the whole or any part of such instrument matter or thing.
  17. In all other cases wherever it shall be necessary to make any averment in any information as to any instrument whether the same consists wholly or in part of writing print or figures it shall be sufficient to describe such instrument by any name or designation by which the same may be usually known or by the purport thereof without setting out any copy or facsimile of the whole or any part thereof.
  18. In any information for unlawfully buying or selling any false or counterfeit coin at or for a lower rate or value than the same imports or was apparently intended to import or for any other of the offences enumerated in the section of this Act relating to such buying and selling it shall be sufficient to allege that the party accused did buy sell receive pay or put off or did offer to buy sell receive pay or put off the false or counterfeit coin at or for a lower rate or value than the same imports or was apparently intended to import without alleging at or for what rate price or value the same was bought sold received paid or put off or offered to be bought sold received paid or put off.
  19. In any information for perjury or for unlawfully wilfully falsely fraudulently deceitfully maliciously or corruptly taking making signing or subscribing any oath affirmation declaration affidavit deposition bill answer notice certificate or other writing it shall be sufficient to set forth the substance of the offence charged upon the defendant and by what court or before whom the oath affirmation declaration affidavit deposition bill answer notice certificate or other writing was taken made signed or subscribed without setting forth the bill answer affirmation information declaration or any part of any proceeding either in law or in equity or other jurisdiction and without setting forth the commission or authority of the Court or the person before whom such offence was committed.
  20. In every information for subornation of perjury or for corrupt bargaining or contracting with any person to commit wilful and corrupt perjury or for inciting causing or procuring any person unlawfully wilfully falsely fraudulently deceitfully maliciously or corruptly to take make sign or subscribe any oath affirmation declaration affidavit deposition bill answer notice certificate or other writing it shall be sufficient wherever such perjury or other offence aforesaid shall have been actually committed to allege the offence of the person who actually committed such perjury or other offence in the manner hereinbefore mentioned and then to allege that the defendant unlawfully wilfully and corruptly did cause and procure the said person the said offence in manner and form aforesaid to do and commit and wherever such perjury or other offence aforesaid shall not have been actually committed it shall be sufficient to set forth the substance of the offence charged upon the defendant without setting forth or averring any of the matters or things hereinbefore rendered unnecessary to be set forth or averred in the case of wilful and corrupt perjury.
  21. It shall not be necessary in any information for perjury or subornation of perjury to allege or on the trial thereof to prove the materiality of any evidence or proof whereupon the perjury shall be assigned.

Objections to Information how taken – Power of Amendment.

  1. Every objection to any information for any defect apparent on the face thereof shall be taken by demurrer or motion to quash such information before the accused has pleaded and not afterwards and every court before which any such objection shall be taken for any such defect may if it be thought necessary cause the information to be forthwith amended in such particular by some officer of the court or other person and thereupon the trial shall proceed as if no such defect had appeared and no motion in arrest of judgement shall be allowed for any defect in any information which might have been taken advantage of by demurrer or motion to quash as aforesaid.

Postponement of Trials &c.

  1. No person prosecuted shall be entitled as of right to traverse or postpone the trial of any information preferred against him in the Supreme Court or any Circuit Court or Court of General Sessions of the Peace or to have time to plead or demur to any such information allowed him. Provided always that if the Court before which any person is so informed against shall upon the application of such person or otherwise be of opinion that he ought to be allowed a further time to plead or demure or to prepare for his defence or otherwise such Court may grant such further time to plead or demur or may adjourn the receiving or taking of the plea or demurrer and the trial or as the case may be the trial of such person to some future time of the sittings of the said Court or the next or any subsequent session or sittings of such Court and upon such terms as to bail or otherwise as to such Court shall seem meet and may in the case of adjournment to another session or sitting respite the recognizances of the witnesses accordingly in which case the witnesses shall be bound to attend to prosecute and give evidence at such subsequent session or sittings without entering into any fresh recognizances for that purpose.

Court Fees not payable by Defendants.

  1. It shall not be lawful to take demand or receive any court fees for the issuing of any process for or in behalf of any person charged with or informed against for any felony or as accessory thereto or with or for any misdemeanour in any Court of criminal jurisdiction or before any justice or justices in Victoria nor shall it be lawful to take demand or receive any fees from any such person for taking any recognizance of bail or issuing any writ of habeas corpus or recording any appearance or plea to any information or for discharging any recognizance taken from any such person or surety or sureties for them.

Arraignment Plea &c.

  1. If any person being arraigned upon any information for any indictable offence shall plead thereto a plea of “Not guilty” he shall by such plea without any further form be deemed to have put himself upon the country for trial and the Court shall in the usual manner order a jury for the trial of such person accordingly.
  2. If any person being arraigned upon or charged with any information for any indictable offence shall stand mute of malice or will not answer directly to the information in every such case it shall be lawful for the Court if it shall so think fit to order the proper officer to enter a plea of “Not guilty” on behalf of such person and the plea so entered shall have the same force and effect as if such person had actually pleaded the same.
  3. If any person informed against for any indictable offence shall be insane and shall upon arraignment be found so to be by a jury lawfully impanelled for that purpose so that such person cannot be tried upon such information or if upon the trial of any person so informed against such person shall appear to the jury charged with such information to be insane it shall be lawful for the Court before whom any such person shall be brought to be arraigned or tried as aforesaid to direct such finding to be recorded and thereupon to order such person to be kept in strict custody until the Governor’s pleasure shall be known and if any person charged with any indictable offence shall be brought before any court to be discharged for want of prosecution and such person shall appear to be insane it shall be lawful for such court to order a jury to be impanelled to try the sanity of such person and if the jury so impanelled shall find such person to be insane it shall be lawful for the Court to order such person to be kept in strict custody in such place and in such manner as to such court shall seem fit until the Governor’s pleasure shall be known and in all cases of insanity so found it shall be lawful for the Governor to give such order for the safe custody of such person so found to be insane during the Governor’s pleasure in such place and in such manner as to him shall seem fit.
  4. No plea setting forth any attainder shall be pleaded in bar or any information unless the attainder be for the same offence as that charged in the information.
  5. No information shall be abated by reason of any dilatory plea of misnomer or of want of addition or of wrong addition of the party offering such plea if the Court shall be satisfied by affidavit or otherwise of the truth of such plea but in such cases the Court shall forthwith cause the information to be amended according to the truth and shall call upon such party to plead thereto and shall proceed as if no such dilatory plea had been pleaded.
  6. In any plea of autrefois convict or autrefois acquit it shall be sufficient for any defendant to state that he has been lawfully convicted or acquitted (as the case may be) of the said offence charged in the information.
  7. The proceedings upon any information for committing any offence after a previous conviction or convictions shall be as follows that is to say the offender shall in the first instance be arraigned upon so much only of the information as charges the subsequent offence and if he plead not guilty or if the Court order a plea of not guilty to be entered on his behalf the jury shall be charged in the first instance to inquire concerning such subsequent offence only and if they find him guilty or if on arraignment he plead guilty he shall then and not before be asked whether he had been so previously convicted as alleged in the information and if he answer that he had been so previously convicted the Court may proceed to sentence him accordingly but if he deny that he had been so previously convicted or stand mute of malice or will not answer directly to such question the jury so in the first instance charged as aforesaid or if by reason of a plea of guilty in the first instance no such jury has been so charged then a jury in like manner as in other cases shall be charged to inquire concerning such previous conviction or convictions and in the case of a jury so charged in the first instance it shall not be necessary to swear the jury again but the oath already taken by them shall for all purposes be deemed to extend to such last-mentioned inquiry. Provided that if upon the trial of any person for any such subsequent offence such person shall give evidence of his good character it shall be lawful for the prosecutor in answer thereto to give evidence of the conviction of such person for the previous offence or offences before such verdict of guilty shall be returned and the jury shall inquire concerning such previous conviction or convictions at the same time that they inquire concerning such subsequent offence.
  8. Where any person shall be informed against for treason or felony the jury impanelled to try such person shall not be charged to inquire concerning his lands tenements or goods nor whether he fled for such treason or felony.

Defence.

  1. All persons tried for felonies shall be admitted after the close of the case for the prosecution to make full answer and defence thereto by counsel learned in the law or by attorney in Courts where attorneys practise as counsel.

Variances and Amendment.

  1. If on the trial of any information for any indictable offence there shall appear to be any variance between the statement in such information and the evidence offered in proof thereof it shall and may be lawful for the Court before which the trial shall be had if such Court shall consider such variance not material to the merits of the case and that the defendant cannot be prejudiced thereby in his defence on such merits to order such information to be amended according to the proof in such part of the information and in such manner as such Court shall think fit on such terms as to postponing the trial to be had before the same or another jury as such Court shall think reasonable and after any such amendment the trial shall proceed whenever the same shall be proceeded with in the same manner in all respects and with the same consequences both with respect to the liability of witnesses to be informed against for perjury and otherwise as if no variance had occurred and in all such cases where the trial shall be so postponed it shall be lawful for the Court to discharge the jury sworn from giving any verdict and to cause to be endorsed on the information the words “Jury discharged from giving a verdict.” Provided that in all such cases where the trial shall be so postponed as aforesaid it shall be lawful for such Court to respite the recognizances of the witnesses and of the defendant and the surety or sureties if any accordingly in which case the witnesses shall be bound to attend to give evidence respectively and the defendant shall be bound to attend to be tried at the time and place to which such trial shall be postponed without entering into any fresh recognizances for that purpose in such and the same manner as if they were originally bound by their recognizances to appear and give evidence at the time and place to which such trial shall have been postponed. Provided also that where any such trial shall be to be had before another jury the Crown and the defendant shall respectively be entitled to the same challenges as they were respectively entitled to before the first jury was impanelled.

Verdict.

  1. In the cases where it shall be given in evidence upon the trial of any person charged with any indictable offence that such person was insane at the time of the commission of such offence and such person shall be acquitted the jury shall be required to find specially whether such person was insane at the time of the commission of such offence and to declare whether such person was acquitted by them on account of such insanity and if they shall find that such person was insane at the time of the committing of such offence the court before whom such trial shall be had shall order such person to be kept in strict custody in such place and in such manner as to the Court shall seem fit until the Governor’s pleasure shall be known and it shall thereupon be lawful for the Governor to give such order for the safe custody of such person so found to be insane during his pleasure in such place and in such manner as to him shall seem fit.
  2. If on the trial of any person charged with felony or misdemeanour it shall appear to the jury upon the evidence that the defendant did not complete the offence charged but that he was guilty only of an attempt to commit the same such person shall not by reason thereof be entitled to be acquitted but the jury may return as their verdict that the defendant is not guilty of the felony or misdemeanour charged but is guilty of an attempt to commit the same and thereupon such person shall be liable to be punished in the same manner as if he had been convicted upon an information for attempting to commit the particular felony or misdemeanour charged in the information and no person so tried as herein lastly mentioned shall be liable to be afterwards prosecuted for an attempt to commit felony or misdemeanour for which he was so tried.
  3. If upon the trial of any person for any misdemeanour it shall appear that the facts given in evidence amount in law to a felony such person shall not by reason thereof be entitled to be acquitted of such misdemeanour and no person tried for such misdemeanour shall be liable to be afterwards prosecuted for felony on the same facts unless the Court before which such trial may be had shall think fit in its discretion to discharge the jury from giving any verdict upon such trial and to direct such person to be informed against for felony in which case such person may be dealt with in all respects as if he had not been put upon his trial for such misdemeanour.
  4. If upon the trial of any information for any felony except murder or manslaughter where the information shall allege that the defendant did wound any person the jury shall be satisfied that the defendant is guilty of the wounding charged in such information but are not satisfied that the defendant is guilty of the felony charged in the information then in every such case the jury may acquit the defendant of such felony and find him guilty or unlawfully wounding and thereupon such defendant shall be liable to be punished in the same manner as if he had been convicted upon an information for the misdemeanour of wounding.
  5. If upon the trial of any person for the felony of unlawfully and maliciously administering poison so as thereby to endanger life or for any other felony mentioned in the section of this Act relating to such administering the jury shall not be satisfied that such person is guilty of such felony but shall be satisfied that he is guilty of any misdemeanour mentioned in the section next succeeding such section then and in every such case the jury may acquit the accused for such felony and find him guilty of such misdemeanour and thereupon he shall be liable to be punished in the same manner as if convicted upon an information for such misdemeanour.
  6. If on the trial of any person charged with the offence of rape or with the offence of having unlawfully and carnally known and abused any girl under the age of ten years the jury shall not be satisfied that he is guilty thereof but shall be satisfied that he is guilty of an assault with intent to commit the same then the jury may return as their verdict that he is not guilty of the offence so charged and may find him guilty of an assault with intent to commit the same.
  7. If any person tried for the murder of any child shall be acquitted thereof it shall be lawful for the jury by whose verdict such person shall be acquitted to find in case it shall so appear in evidence that the child had recently been born and that such person did by some secret disposition of the dead body of such child endeavour to conceal the birth thereof and thereupon the Court may pass such sentence as if such person had been convicted upon an information for the concealment of the birth.
  8. If upon the trial of any person upon any information for robbery it shall appear to the jury upon the evidence that the defendant did not commit the crime of robbery but that he did commit an assault with intent to rob the defendant shall not by reason thereof be entitled to be acquitted but the jury shall be at liberty to return as their verdict that the defendant is guilty of an assault with intent to rob and thereupon the defendant 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 before lastly mentioned shall be liable to be afterwards prosecuted for an assault with intent to commit the robbery for which he was so tried.
  9. If upon the trial of any person for feloniously stealing any cattle within the meaning of the Second Part of this Act the jury shall not be satisfied that he is guilty of such felony but shall be satisfied that he is guilty of the misdemeanour of unlawfully taking using or working the cattle contrary to this Act then the jury may return as their verdict that he is not guilty of the felony charge but is guilty of such misdemeanour and he may be punished accordingly.
  10. If upon the trial of any person informed against for embezzlement fraudulent application or disposition as a person employed in the public service of Her Majesty or with embezzlement as a clerk servant or person employed for the purpose or in the capacity of a clerk or servant it shall be proved that he took 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 but the jury shall be at liberty to return as their verdict that such person is not guilty of embezzlement or of fraudulent application or disposition as the case may be but is guilty of simple larceny or of larceny as a person employed in the public service of Her Majesty or as a clerk servant or person employed for the purpose or in the capacity of a clerk or servant 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 upon an information for such larceny and if upon the trial of any person informed against for larceny it shall be proved that he took the property in question in any such manner as to the amount in law to such embezzlement fraudulent application or disposition as first aforesaid or to embezzlement as a clerk or servant or such person employed as aforesaid as the case may be 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 larceny but is guilty of such embezzlement fraudulent application or disposition as first aforesaid or of embezzlement as a clerk or servant or such person employed as a clerk or servant 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 upon an information for such embezzlement fraudulent application or disposition according to the nature thereof respectively and no person so tried for embezzlement fraudulent application or disposition or larceny as aforesaid shall be liable to be afterwards prosecuted for larceny fraudulent application or disposition or embezzlement upon the same facts.
  11. If upon the trial of any person informed against for the misdemeanour of obtaining property by false pretences it shall be 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 misdemeanour and no person tried for such misdemeanour shall be liable to be afterwards prosecuted for larceny upon the same facts.
  12. If upon the trial of any information for larceny it shall appear that the property alleged in such information to have been stolen at one time was taken at different times the prosecutor shall not by reason thereof be required to elect upon which taking he will proceed unless it shall appear that there were more than three takings or that more than the space of six months elapsed between the first and the last of such takings and in either of such last-mentioned cases the prosecutor shall be required to elect to proceed 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.
  13. If upon the trial of two or more persons informed against for jointly receiving any property it shall be proved that one or more of such persons separately received any part or parts of such property it shall be lawful for the jury to convict upon such information such of the said persons as shall be proved to have received any part or parts of such property.
  14. Where any information containing two or more counts both for feloniously stealing and receiving shall have been preferred against any person the prosecutor shall not be put to his election but it shall be lawful for the jury who shall try the same to find a verdict of guilty either of stealing the property or of receiving the same or any part or parts thereof knowing the same to have been stolen and if such information shall have been preferred against two or more persons it shall be lawful for the jury who shall 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.
  15. If upon the trial of any person for the felony of having while with other persons riotously and tumultuously assembled unlawfully and with force demolished any church or for any other of the felonies enumerated in the section of this Act relating to such demolition the jury shall not be satisfied that such person is guilty thereof but shall be satisfied that he is guilty of any misdemeanour mentioned in the section next succeeding such section then the jury may return as their verdict that he is not guilty of the felony charged but is guilty of such misdemeanour and he may be punished accordingly.

Evidence &c. in certain cases.

  1. Where any person shall be informed against before any court of criminal jurisdiction or charged before justices for a subsequent offence in either cases committed after any previous summary conviction or convictions a copy of any such conviction certified by the proper officer of the court to which such summary conviction shall have been returned or proved to be a true copy shall be sufficient evidence to prove a conviction for the former offence and the conviction shall be presumed to have been unappealed against until the contrary be shown.
  2. The justices adjudicating under any of the sections hereof numbered sixty-six sixty-seven and sixty-eight shall transmit the conviction or a duplicate of a certificate of dismissal with the written charge the depositions of the witnesses for the prosecution and for the defence and the statement of the accused to the next court of general sessions for the district there to be kept by the proper officer among the records of the court and a copy of such conviction or of such certificate of dismissal certified by the proper officer of the court or proved to be a true copy shall be sufficient evidence to prove a conviction or dismissal for the offence mentioned therein in any legal proceedings whatever.
  3. All persons under trial shall be entitled at the time of their trial to inspect without fee or reward all depositions which have been taken against them and delivered in manner by law required to the proper officer of the Court before which such trial shall be had or copies of such depositions.
  4. Depositions taken in the preliminary or other investigation of any charge against any person may be read as evidence in the prosecution of the same or any other offence whatsoever upon the like proof and in the same manner in all respects as they may according to the law now in force be read in the prosecution of the offence with which such person was charged when such depositions were taken
  5. It shall be lawful for the Court and the jury sworn upon the trial of any person charged with any offence against the provisions of the Fourth Part of this Act relating to the stamps of the United Kingdom to compare and receive evidence founded upon the comparison of any stamp die mark or impression alleged to be forged or counterfeited with any mark or impression denoting any stamp duty which shall appear to the Court to be genuine and thereupon to decide and determine accordingly.
  6. Where upon the trial of any person charged with any offence against the Fifth Part of this Act it shall be necessary to prove that any coin produced in evidence against such person is false or counterfeit it shall not be necessary to prove the same to be false and counterfeit by the evidence of any moneyer or other officer of Her Majesty’s Mint but it shall be sufficient to prove the same to be false or counterfeit by the evidence of any other credible witness.

Amendments no to prejudice after Verdict &c.

  1. Every verdict and judgement which shall be given after the making of any amendment under this Act shall be of the same force and effect in all respects as if the information had originally been in the same form in which it was after such amendment was made.
  2. If it shall become necessary at any time for any purpose whatsoever to draw up a formal record in any case where any amendment shall have been made under this Act such record shall be drawn up in the form in which the information was after such amendment was made without taking any notice of the fact of such amendment having been made.

Crown Cases reserved.

  1. If on the trial of any person convicted of any indictable offence in or before any court of criminal jurisdiction any question of difficulty in point of law shall have arisen it shall be lawful for such Court in its discretion to reserve such question of law for the consideration and determination of the judges of the Supreme Court and in any such case to respite the execution of the judgement on such conviction or postpone the judgement until such question of law shall have been considered and determined and in either case the Court in its discretion shall commit the person convicted to prison or shall take a recognizance of bail with one or more sufficient surety or sureties and in such sum as the Court shall think fit conditioned to appear at such time or times and place as the Court shall direct and receive judgement or to render himself in execution as the case may be.
  2. The Court by which such question of law may have been so reserved shall thereupon state a case setting forth the question or questions of law which shall have been so reserved with the special circumstances upon which the same shall have arisen and the judge or other person presiding in such Court shall sign and transmit the same within a reasonable time to the judges of the said Supreme Court and the said judges shall have power to hear and finally determine the said question or questions and thereupon to affirm amend or reverse any given judgement which shall have been given on the information on the trial whereof such question or questions have arisen or to avoid such judgement and to order an entry to be made on the record that in the judgement of the said judges the party convicted ought not to have been convicted or to order judgement to be given thereon at some other session of gaol delivery or general sessions of the peace if no judgement shall have been before then given or to direct a venire do novo or new trial to be had or to make such other order as justice may require and such judgement and order if any of the said judges shall be certified under the hand of the presiding chief justice or senior of the said judges to the associate clerk of assize or clerk of the peace as the case may be or the deputy of such clerk who shall enter the same on the original record in proper form and a certificate of such entry under the hand of such clerk or deputy in the form as near as may be or to the effect in the Seventh Schedule with the necessary alterations to adapt it to the circumstances of the case shall be delivered or transmitted by him to the sheriff or gaoler in whose custody the person convicted shall be and the said certificate shall be a sufficient warrant to such sheriff or gaoler and all other persons for the execution of the judgement as the same shall have been so certified to have been affirmed or amended and execution shall be thereupon executed upon such judgement and for the discharge of the person convicted from further imprisonment if the judgement shall have been reversed or avoided and in the case such sheriff or gaoler shall forthwith discharge him and also the next court of gaol delivery or General Sessions of the Peace as the case may be shall vacate the recognizance of bail if any and if the court of gaol delivery or General Sessions of the Peace shall be directed to give judgement the said court shall proceed to give judgement at the next session.
  3. The said judges of the Supreme Court when a case has been reserved for their opinion shall have power if they think fit to cause the case to be sent back for amendment and thereupon the same shall be amended accordingly and judgement shall be delivered after it shall have been amended.
  4. The judgement or judgements of the judges of the Supreme Court shall be delivered in open Court after hearing counsel or the parties in case the prosecutor or person convicted shall think fit that the case be argued in like manner as other judgements of the Supreme Court are now delivered.

Power to commit Perjury.

  1. It shall be lawful for any of the judges of the Supreme Court or any chairman or other judge holding any Court of General Sessions of the Peace or for any commissioner of bankruptcy or insolvency or for any judge of any Court of Record or for any Court of Petty Sessions for any justice or for any sheriff or his lawful deputy or commissioner before whom any inquiry or trial is held which the said sheriff is by law required or authorised to hold in case it shall appear to him or them that any person has been guilty of wilful and corrupt perjury in any evidence given or in any affidavit deposition examination answer or other proceeding made or taken before him or them to direct such person to be prosecuted for such perjury in case there shall appear to them or him a reasonable cause for such prosecution and to commit such person so directed to be prosecuted until the next sessions of gaol delivery for the jurisdiction within which such perjury was committed or to permit such person to enter into a recognizance with one or more sufficient surety or sureties conditioned for the appearance of such person at such next sessions of gaol delivery and that he will then surrender and take his trial and not depart the Court without leave and to require any person he or they may think fit to enter into a recognizance conditioned to prosecute or give evidence against such person so directed to be prosecuted as aforesaid.

Judgement good after Verdict in Certain Cases.

  1. No judgement after verdict upon any information for any felony or misdemeanour shall be stayed or reversed for want of a similiter nor by reason that the jury process has been awarded to a wrong officer upon an insufficient suggestion nor for any misnomer or misdescription of the officer returning such process or of any of the jurors nor because any person has served upon the jury who has not been returned as a juror by the sheriff or other officer and where the offence charged has been created by any Statute or subjected to a greater degree of punishment or excluded from the benefit of clergy by any Statute the information shall after verdict be held sufficient to warrant the punishment prescribed by the Statute if it describe the offence in the words of the Statute.

Costs.

  1. Whenever any attorney of the Supreme Court shall have been employed in the defence of any person tried or committed for trial before the said Court he shall before appropriating any sum to the payment or settlement of his costs and charges make out and deliver to the party by whom he has been retained to conduct such defence a bill of costs containing full and particular items of the moneys laid out and business charged for therein and of all sums of money received held or appropriated by him or any person for his use on account thereof and shall at the same time make out and deliver to one of the associated clerks of some judge of the said Court a copy of the said bill of costs together with an affidavit annexed verifying the payment of all sums and fees paid to counsel and others and all actual expenditure charged therein and the said copy of such bill of costs shall after delivery to the said clerk be taxed in such manner as the said Court or any judge thereof shall direct and after such taxation the said Court or any judge thereof shall make such order or orders in relation thereto as to him or them shall seem fit.
  2. For the purpose of making any inquiries which may be necessary to give due effect to the provisions of the last preceding section it shall be lawful for the said Court or any judge thereof to summon or call before such Court or judge in a summary way any attorney who shall have been employed in such defence as aforesaid and by examination of him on oath or otherwise to ascertain the truth of any matters touching or relating to any bill of costs and charges which has been or ought to have been delivered under the foregoing provisions in respect of such defence and the said Court or any judge thereof shall also have power in regard to such matters to order the attendance before them or him of any person or persons whose testimony may be conductive to the discovery of the truth relating thereto and to examine them on oath or otherwise in regard to such matters and after hearing the said attorney and such person or persons as may be interested therein shall be lawful for the said Court or a judge thereof to make such order in the matter as to them or him shall seem meet. Provided always that no attorney shall be struck off the rolls of the said Court for misconduct in regard to any of the said matters until he has been previously called upon to show cause before the said Court why he should not be so struck off.
  3. It shall be lawful for the Court to establish a scale of fees and charges for the conduct of business in the criminal jurisdiction of such Court and the associate clerk of a judge shall tax and allow all bills of costs according to such scale as far as the same shall apply and for all business not comprehended within the said scale the like fees and charges shall be allowed as are sanctioned by the Court for the conduct of business in the common-law side of the said Court.

No Certiorari &c.

  1. No summary conviction under this Act and no adjudication made on appeal therefrom to any court of General Sessions shall be quashed for want of form or be removed by certiorari into the Supreme Court 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.

Restitution of Property Stolen &c.

  1. If any person guilty of any such felony or misdemeanour as is mentioned in the Second Part of this Act in stealing taking obtaining extorting embezzling converting or disposing of or as is mentioned in the Seventh Part of this Act in knowingly receiving any chattel money valuable security or other property whatsoever shall be informed against for such offence by or on behalf of the owner of the property or his executor or administrator and convinced thereof in such case the property shall be restored to the owner or his representative and in every case in this section aforesaid the Court before whom any person shall be tried for any case felony or misdemeanour shall have power to award from time to time writs of restriction for the said property or to order the restitution thereof in a summary manner and if any person informed against for any such felony or misdemeanour as in the preceding part of this section mentioned shall have been acquitted thereof it shall be lawful for the Court in its discretion if it shall be satisfied that any property to which such information relates has been so stolen taken obtained extorted embezzled converted disposed of or received to award cause writs of restitution or to order in a summary manner the restitution of the property to the owner or his representative as aforesaid. Provided that if it shall appear before any award or order made that any valuable security shall have been bona fide paid or discharged by some person or body corporate liable to the payment thereof or being negotiable instrument shall have been bona fide taken or received by transfer or delivery by some person or body corporate for a just and valuable consideration without any notice or without any reasonable cause to suspect that the same had by any felony or misdemeanour been stolen taken or obtained extorted embezzled converted 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 contained shall apply to the case of any prosecution of any banker merchant attorney factor broker or other agent intrusted with the possession of goods or documents of title to goods for any misdemeanour against this Act.
  2. It shall be lawful for the justices by whom any person is convicted under any of the sections hereof numbered sixty-six sixty-seven and sixty-eight to order restitution of the property stolen in those cases in which the Court before whom the person convicted would have been tried but for this Act may be by law authorised to order restitution.

Apprehension of Offenders and Search Warrants.

  1. Any person found committing any offence punishable either upon information as for an indictable offence or upon summary conviction by virtue of the Second Part of this Act except only the offence of angling in the day-time may be immediately apprehended without a warrant by any person and forthwith taken with the property if any on or in respect of which such offence of such person shall be committed before some neighbouring justice to be dealt with according to law and if any credible witness shall prove upon oath before a justice a reasonable cause 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 upon information or upon summary conviction by virtue of the Second Part of this Act shall have been committed the justice may grant a warrant to search for such property as in the case of stolen goods and any person to whom any property shall be offered to be sold pawned or delivered if he shall have reasonable cause to suspect that any such offence has been committed on or with respect to such property is hereby authorized and if in his power is required to apprehend and forthwith carry before a justice the party offering the same together with such property to be dealt with according to law.
  2. It shall be lawful for any person whomsoever to apprehend any person who shall be found committing any offence against the seventeenth one hundred and twenty-seventh or one hundred and twenty-eighth section of this Act or who shall be found committing any indictable offence in the night and to convey him or deliver him to some constable or other peace officer in order to his being conveyed as soon as conveniently may be before a justice to be dealt with according to law and the night shall for the purposes of this section be deemed to commence and conclude at the times respectively mentioned in the Second Part of this Act in that behalf.
  3. It shall be lawful for any person whomsoever who shall be present when any act shall be done or omitted to be done contrary to the twenty-fourth section hereof or when any injury shall be caused as in the said section mentioned by any such doing or omission to apprehend the offender and to convey him or deliver him to some constable or other peace officer in order to his being conveyed as soon as conveniently may be before a justice to be dealt with according to law.
  4. If any person liable to be apprehended under the two last preceding sections shall assault or offer any violence to any person authorized to apprehend or detain him or to any person acting in his aid and assistance every such offender shall be guilty of a misdemeanour and being convicted thereof shall be liable in the discretion of the Court to be imprisoned for any term not exceeding three years.
  5. Any person found committing any offence against the Third Part of this Act whether the same be punishable upon information or upon summary conviction may be immediately apprehended without a warrant by any peace officer or the owner of the property injured or his servant or any person authorized by him and forthwith taken before some neighbouring justice to be dealt with according to law.
  6. Any constable or peace officer may take into custody without warrant any person whom he shall find lying or loitering in any highway yard or other place during the night and whom he shall have good cause to suspect of having committed or being about to commit any felony against the First Second or Third Part of this Act and shall take such person as soon as reasonably may be before a justice to be dealt with according to law.
  7. Any justice of any place in which any machine engine implement or thing or any gunpowder or other explosive dangerous or noxious substance is suspected to be made kept or carried for the purpose of being used in committing any of the felonies in the First or Third Part of this Act mentioned upon reasonable cause assigned upon oath by any person may issue a warrant under his hand and seal for searching in the daytime any house mill magazine storehouse warehouse shop cellar yard wharf or other place or any carriage wagon cart ship boat or vessel in which the same is suspected to be made kept or carried for such purpose as hereinbefore mentioned and every person acting in the execution of any such warrant shall have for seizing and removing to proper places and detaining every such machine engine implement and thing and all such gunpowder explosives dangerous or noxious substances found upon such search which he shall have good cause to suspect to be intended to be used in committing any such offence and the barrels packages cases and other receptacles in which the same shall be the same powers which by “The Importation and Custody of Gunpowder Statute 1864” are given to persons searching under the warrant of a justice for gunpowder kept contrary to that Statute.
  8. If it shall be made to appear by information on oath or affirmation before a justice that there is reasonable cause to believe that any person has in his custody or possession without lawful authority or excuse any note or bill of the Governor and Company of the Bank of England or Ireland or of any body corporate company or person carrying on whether within Victoria or elsewhere within the dominions of Her Majesty the business of bankers or any frame mould or implement for making paper in imitation of the paper used for such notes or bills or any such paper or any plate wood stone or other material having thereon any words forms devices or characters capable of producing or intended to produce the impression of any such note or bill or any part thereof or any tool implement or material used or employed or intended to be used or employed in or about any of the operations aforesaid or any forged security document instrument or stamp whatsoever or any machinery frame mould plate die seal or other matter or thing used or employed or intended to be used or employed in the forgery of any security document instrument or stamp whatsoever such justice if he may think fit grant a warrant to search for the same and if the same shall be found upon such search it shall be lawful to seize and carry the same before some justice of the peace to be by him disposed of according to law and all such matters and things so seized as aforesaid shall by order of the Court where any such offender shall be tried or in case there shall be no such trial then by order of some justice be defaced and destroyed or otherwise disposed of as such Court or justice shall direct.
  9. Where any coin shall be tendered as the Queen’s current gold or silver coin to any person who shall suspect the same to be diminished otherwise than by reasonable wearing or to be counterfeit it shall be lawful for such person to cut break bend or deface such coin and if any coin so cut broken bent or defaced shall appear to be diminished otherwise than by reasonable wearing or to be counterfeit the person tendering the same shall bear the loss thereof but if the same shall be of due weight and shall appear to be lawful coin the person cutting breaking bending or defacing the same is hereby required to receive the same at the rate it was coined for and if any dispute shall arise whether the coin so cut broken bent or defaced be diminished in manner aforesaid or counterfeit it shall be heard and finally determined in a summary manner by any justice who is hereby empowered to examine upon oath as well the parties as any other person in order to the decision of such dispute and the Treasurer of Victoria and his deputies and clerks and all collectors of imports and receivers of revenue are hereby required to cut break or deface or cause to be cut broken or defaced every piece of counterfeit or unlawfully diminished gold or silver coin which shall be tendered to them in payment of any part of the consolidated revenue or otherwise by virtue of their office.
  10. If any person shall find or discover in any place whatever or in the custody or possession of any person having the same without lawful authority or excuse any false or counterfeit coin resembling or apparently intended to resemble or pass for any of the Queen’s current gold silver or copper coin or any coin of any foreign prince state or country or any instrument tool or engine whatsoever adapted and intended for the counterfeiting of any such coin or any filings or clippings or any gold or silver bullion or any gold or silver in dust solution or otherwise which shall have been produced or obtained by diminishing or lightening any of the Queen’s current gold or silver coin it shall be lawful for the person so finding or discovering and he is hereby required to seize the same and to carry the same forthwith before some justice and where it shall be proved on the oath of a credible witness before any justice that there is reasonable cause to suspect that any person has been concerned in counterfeiting the Queen’s current gold silver or copper coin or any such foreign or other coin as in the Fifth Part of this Act mentioned or has in his custody or possession any such false or counterfeit coin or any instrument tool or engine whatsoever adapted and intended for the making or counterfeiting of any such coin or any other machine used or intended to be used for making or counterfeiting any such coin or any such filings clippings or bullion or any such gold or silver in dust solution or otherwise as aforesaid it shall be lawful for any justice by warrant under his hand to cause any place whatsoever belonging to or in the occupation or under the control of such suspected person to be searched either in the day or in the night and if any such false or counterfeit coin or any such instrument tool or engine or any such machine or any such filings clippings or bullion or any such gold or silver in dust solution or otherwise as aforesaid shall be found in any place so searched to cause the same to be seized an carried forthwith before some justice and whensoever any such false or counterfeit coin or any such instrument tool or engine or any such machine or any such filings clippings or bullion or any such gold or silver in dust solution or otherwise as aforesaid shall in any case whatsoever be seized and carried before a justice he shall if necessary cause the same to be secured for the purpose of being produced in evidence against any person who may be prosecuted for any offence against the Fifth Part of this Act and all such false and counterfeit coin and all instruments tools and engines adapted and intended for the making or counterfeiting of coin and all such machines and all such filings clippings and bullion and all such gold and silver in dust solution or otherwise as aforesaid after they shall have been produced in evidence or when they shall have been seized and shall not be required to be produced in evidence shall forthwith be delivered up to the Treasurer of Victoria.

Miscellaneous.

  1. There shall be no forfeiture of any chattel which may have moved to or caused the death of any human being for or in respect of such death
  2. All actions and prosecutions to be commenced against any person for anything done in pursuance of the Second Third or Fifth Part 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 or 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 judgement 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.

SECOND SCHEDULE. s.66.

Certificate of Dismissal.

To Wit.

We the undersigned                                       of Her Majesty’s Justices of the Peace for the                                      of                                            certify that on the                            day of                                                    in the year of our Lord                                   at                                            in the said                                           A.B. being charged before us and consenting to our deciding upon the charge summarily for that he the said A.B. [stating the offence charged and the time and place when and where alleged to be committed] [and if the case so require and the value of the said property appearing to us to be under two pounds or the said A.B. in our opinion having been under the age of sixteen years at the time aforesaid] we did summarily adjudicate on the said charge and did dismiss the same.

                                Given under our hands and seals this                                       day of                                                   at                            in the [                                                  ] aforesaid.

THIRD SCHEDULE. s.310.

I A.B. being the medical officer in attendance on the execution of C.D. at the gaol of                          do hereby certify and declare that l have this day witnessed the execution of C.D. at the said gaol and l further certify and declare that the said C.D. was in pursuance of the sentence of the                                              Court hanged by the neck until his body was dead.

Given under my hand this                             day of                                    in the year of our Lord One thousand eight hundred and                        at the gaol of

FOURTH SCHEDULE. s.310.

We do hereby testify and declare that we have this day been present when sentence of death was carried into execution on the body of C.D. convicted at the criminal sessions of the Supreme [or Circuit] Court held at                                               on the                                                   day of                                                    and sentenced to death and that the said C.D. was in pursuance of the said sentence hanged by the neck until his body was dead.                                                                                                                        Dated this                            day of                                    A.D 18                   at the gaol of                

  • Sheriff
  • Gaoler
  • Turnkey
  • Constable
  • Justice of the Peace
  • Other Spectators.

FIFTH SCHEDULE. s.321.

To the Judges of the Supreme Court of Victoria or any one of them.

This is to certify that I decline to file any information against E.F. detained in the custody of G.H. gaoler of                                              under the warrant of I.J. Esq. J.P upon a charge of                                             Given under my hand this                                 day of                                    A.D.

                                                                                                                J.H.P Attorney General.

SIXTH SCHEDULE. s.321.

To A.B. Esq. Sheriff or to the C.D. Keeper of Her Majesty’s gaol at                                                                               the colony of Victoria.

Whereas E.F. is detained in your custody under the warrant of I.J. Esq. J.P. upon charge of                              and whereas it has been certified to me by J.H.P. Esq.

Her Majesty’s Attorney General that he declined to file any information against the said E.F. for the said offence you are therefore hereby authorised and required forthwith to discharge the said E.F. from your custody upon the said warrant.

Given under our [or my] hand this                            day of                                    A.D.                                                                                                                       K.L. Judges [or Judge] of the Supreme Court.

SEVENTH SCHEDULE. s.390.

To the Sheriff of                                                and the Gaoler of                                             and all others whom it may concern.

Whereas at the Court of                                for the                                                  held                                                       on the                                   day of                    A.D.        before                                  A.B. late of                                          labourer having been found guilty of felony and [here state the substance of the judgement if judgement has been given] that [state the substance] the Court before whom he was tried reserved a certain question of law for the consideration of the judges of the Supreme Court and judgement was postponed [or if the case be so] execution was thereupon respited in the meantime.

This is to certify that it has been considered by the said judges that the judgement aforesaid be annulled [or otherwise as the case may be] and you are therefore required forthwith to discharge the said A.B. from your custody.          

                                                E.F. Clerk of the

By Authority: John Ferres, Government Printer – Melbourne.

Sourced from Austlii.