hmgaolbeechworth.com, Crimes Act 1915.

An Act to consolidate and amend the Law relating to Crimes and Criminal Offences. [6^th September, 1915.] No.2637.

Be it enacted by the King’s Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):-

This Act may be cited as the Crimes Act 1915, and shall come into operation on the first day of October One thousand nine hundred and fifteen, and is divided into Parts Divisions and Subdivisions as follows:-

PART ONE – OFFENCES

(DIVISION ONE – Offences against the Person ss. 3-67.)

Homicide ss. 3-7.
Acts done with intent to commit Murder and attempts to Murder ss. 8-11.
Letters threatening to Murder s. 12
Acts causing Danger to Life or Bodily Harm ss. 13-32.
Assaults ss. 33-39.
Rape and similar Offences Defilement of Women Abduction ss. 40-59.
Child Stealing s. 60.
Bigamy s. 61.
Attempts to procure Abortion ss. 62-63.
Concealing Birth of Child s. 64.
Unnatural Offences ss. 65-66.
Carnal Knowledge s. 67.

(DIVISION TWO – Larceny and similar Offences ss. 68-185.)

Larceny in General. Summary jurisdiction in cases of Larceny ss. 69-77.
Larceny of Cattle and other Animals ss. 78-93.
Larceny of Written Instruments ss. 94-98.
Larceny of Things attached to or growing on Land ss. 99-106.
Larceny from Mines ss. 107-110.
Larceny from the Person and like Offences. Threats Extortion &c. ss. 111-120.
Sacrilege Burglary and Housebreaking ss. 121-131.
Larceny in the House ss. 132-133.
Larceny of Books &c. in Public Libraries &c. s. 134.
Larceny in Manufactories &c. ss. 135-137.
Larceny in Ships Wharfs &c. ss. 138-139.
Larceny or Embezzlement by Clerks Servants or Agents or by Persons in the Public Service &c. ss. 140-145.
General Deficiency s. 146.
Falsification of Accounts by Clerk Servant &c. ss. 147-148.
Larceny by Tenants or Lodgers s. 149.
Frauds by Agents Bankers Factors Trustees Partners &c. ss. 150-159.
Frauds by Directors Officers &c. of Companies &c. ss. 160-168.
Secret Commissions Prohibition ss. 169-180.
Obtaining Money &c. by False Pretences ss. 181-185.

(DIVISION THREE – Malicious Injuries to Property ss. 180-241.)

Injuries by Fire to Buildings and Goods therein ss. 186-193.
Injuries by Explosive Substances to Buildings and Goods therein ss. 194-195.
Injuries to Buildings &c. by Rioters ss. 196-197.
Injuries to Buildings by Tenants s. 198.
Injuries to Manufactures Machinery &c. ss. 199-200.
Injuries to Corn Trees and Vegetable Productions ss. 201-209.
Injuries to Fences ss. 210-212.
Injuries to Mines ss. 213-216.
Injuries to Sea and River Banks and to Works on Rivers Canals &c. ss. 217-218.
Injuries to Ponds s. 219.
Injuries to Bridges Viaducts and Toll Bars ss. 220-221.
Injuries to Railway Carriages and Telegraphs ss. 222-225.
Injuries to Works of Art s. 226.
Injuries to Cattle and other Animals ss. 227-228.
Injuries to Ships ss. 229-236.
Letters Threatening to Burn or Destroy s. 237.
Injuries not before provided for s. 238.
Making Gunpowder for Committing Offences s. 239.
Supplementary Provisions ss. 240-241.

(DIVISION FOUR – Forgery ss. 242-279.)

Forging His Majesty’s Seals and other Seals ss. 242-244.
Forging Municipal Seals and Petitions ss. 245-246.
Forging Transfers of Stock &c. ss. 247-249.
Forging Victorian Treasury Documents s. 250.
Forging Stamps of the United Kingdom &c. 251.
Forging Bank Notes &c. Making Plates &c. for Bank Notes &c. ss. 252-257
Forging Deeds Wills Bills of Exchange &c. ss. 258-263.
Forging Records Process Instruments of Evidence &c. ss. 264-266.
Forging Registers of Deeds &c. ss. 267-268.
Forging Orders &c. of Courts of Petty Sessions or Justices s. 269.
Forging Names &c. of Officers of Courts &c. s. 270.
Falsely acknowledging Recognisances &c. s. 271.
Forging Marriage Licences &c. ss. 272-273.
Falsifying Entries &c. of Births Deaths Marriages &c. s. 274.
Demanding Property on Forged Instruments s. 275.
Supplementary Provisions ss. 276-279.

(DIVISION FIVE – Coinage Offences ss. 280 – 303.)

(DIVISION SIX – Perjury ss. 304-306.)

(DIVISION SEVEN – Subsequent and other Felonies ss. 307-308.)

PART TWO – OFFENDERS

(DIVISION ONE – Principals in the Second Degree Accessories Receivers and Abettors ss. 309 – 320.)

Principals in the Second Degree s. 309.
Accessories ss. 310-314.
Receivers ss. 315-318.
Abettors in Misdemeanours s. 319.
Abettors in Offences Punishable Summarily s. 320.

(DIVISION TWO – Juvenile Offenders ss. 321-369)

Establishment of Reformatory Schools ss. 322-325.
Officers ss. 326-335.
Committal to Reformatory Schools ss. 336-341.
Management of Wards of the Department for Reformatory Schools ss. 342-351.
Visitors to Schools and Religious Instruction ss. 352-355.
Committal to the Care of Private Persons ss. 356-359.
Offences Penalties and Legal Proceedings ss. 360-367.
Regulations of the Governor in Council ss. 368-369.

(DIVISION THREE – Suspected Persons ss. 370-384)

PART THREE – PROCEDURE AND PUNISHMENT

(DIVISION ONE – Pleading Procedure Proof &c. ss. 385-502)

Mode of Prosecution ss. 385-390.
Discharge without Prosecution s. 391.
Offences Triable in any Bailiwick s. 392.
Change of Time or Place of Trail s. 393.
Postponement of Trial s. 394.
Removal of Accused Persons to and from Gaol s. 395.
Joinder of Defendants in Certain Cases s. 396.
What Presentments Indictments shall suffice and avail ss. 397-420.
Objections to Presentments Indictments and Informations how taken. Power of Amendment s. 421.
No Right to Traverse or Postpone s. 422.
Arraignment Plea &c. ss. 423-429.
Defence s. 430.
Evidence Depositions Subpœnas and Warrants against Witnesses ss. 431-446.
Variances and Amendment s. 447.
Summing Up s. 448.
Statements by Prisoners s. 449.
View s. 450.
Election in Cases of Larceny &c. ss. 451-465.
Amendments not to prejudice Verdict or Judgement ss. 466-467.
Judgements ss. 468-470.
Restitution of Property stolen ss. 471-474.
Procedure on Disagreement of Jury s. 475.
Power to commit for Perjury s. 476.
Crown Cases reserved ss. 477-481.
Costs ss. 482-484
Court Fees not payable by Defendants s. 485.
No Warrants not void for defects s. 486.
Actions s. 487.
Apprehension of Offenders ss. 488-494.
Search Warrants for and Seizure of Things ss. 495-500.
Search Warrants for Women and Girls s. 501.
Orders as to Guardianship of Girls s. 502.

(DIVISION TWO – Punishment, the Incidents and the Remission thereof ss. 503-568.)

Sentences for Indictable Offences ss. 503-513.
Indeterminate Sentences and Release on Recognisances of First Offenders &c. ss. 514-543.
Summary Convictions Penalties Enforcement ss. 544-548.
Execution of Capital and other Sentences ss. 549-558.
Commutation Mitigation and Remission ss. 559-567.
Supplemental s. 568.

PART FOUR – PROPERTY OF PERSONS CONVICTED OF TREASON OR FELONY.

Orders as to Costs ss. 569-591.

PART FIVE – APPEALS IN CRIMINAL CASES. REFERENCES ON PETITIONS FOR MERCY.

DIVISION ONE – Interpretation s. 592.

DIVISION TWO – Right of Appeal and Determination of Appeals ss. 593-597.

DIVISION THREE – Procedure ss. 598-609

DIVISION FOUR – References on Petitions for Mercy s. 610.

The Acts mentioned in the First Schedule to the extent thereby expressed to be repealed are hereby repealed.

Provided that such repeal shall not affect any offence wholly or partly committed, or any disqualification incurred, or any warrant or other instrument duly granted, or any action prosecution or other proceeding commenced, or any appointment order presentment rule or regulation made, or any school established or approved under the said repealed Acts or any of them before the commencement of this Act.

PART ONE – OFFENCES.

DIVISION ONE – Offences Against the Person.

Homicide.

Whosoever is convicted of murder shall suffer death as a felon.
All persons who conspire confederate and agree to murder any person whether a subject of His Majesty or not and whether within the King’s dominions or not, and whosoever solicits encourages persuades or endeavours to persuade or proposes to any person to murder any other person whether a subject of His Majesty or not and whether within the King’s dominions or not, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than ten years.
Whosoever is convicted of manslaughter shall be liable to imprisonment for a term of not more than fifteen years or to a fine in addition to or without any such other punishment as aforesaid.
No punishment or forfeiture shall be incurred by any person who kills another by misfortune or in his own defence or in any other manner without felony.
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 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.

Acts done with intent to commit Murder and attempts to Murder.

Whosoever administers to, or causes to be administered to or to be taken by, any person any poison or other destructive thing, or by any means wounds or causes to any person any bodily injury dangerous to life, with intent in any such case to commit murder, shall be guilty of felony, and being convicted thereof shall suffer death.

Whosoever attempts to administer to or attempts to cause to be administered to or taken by any person any poison or other destructive thing, or shoots at or in any manner attempts to discharge any kind of loaded arms at any person, or attempts to drown suffocate or strangle any person, with intent in any such case to commit murder, shall (whether any bodily injury is effected or not) be guilty of felony, and shall be liable to imprisonment for a term of not more that fifteen years.

Whosoever by the explosion of gunpowder or other explosive substance unlawfully and maliciously destroy or damages any building with intent to commit murder or whereby the life of any person is endangered, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever unlawfully and maliciously sets fire to any ship or vessel or any part thereof or any part of her tackle apparel or furniture or any chattel therein, or casts away or destroys any ship or vessel with intent in any such case 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.
Whosoever attempts to commit murder shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.

Letters Threatening to Murder.

Whosoever knowing the contents thereof maliciously sends delivers or utters or directly or indirectly causes to be received any letter or writing threatening to kill or murder any person, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.

Acts causing Danger to Life or Bodily Harm.

Whosoever unlawfully and maliciously prevents or impedes any person on board of or having quitted any ship or vessel in distress or wrecked stranded or cast on shore in his endeavour to save his life, or unlawfully and maliciously prevents or impedes any person in his endeavour to save the life of any such first mentioned person, shall be guilty of felony, and shall be liable to imprisonment for a term of not more that fifteen years.
Whosoever unlawfully and maliciously wounds or causes any grievous bodily harm to any person or shoots at or attempts to discharge any kind of loaded arms at any person, with intent in any such case to do 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 shall be liable to imprisonment for a term of not more than fifteen years.
Any gun pistol or other arms loaded in the barrel with gunpowder or 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.
Whosoever unlawfully and maliciously wounds or inflicts grievous bodily harm upon any other person, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than three years.
Whosoever attempts to choke suffocate or strangle any person or by any means calculated to choke suffocate or strangle attempts to render any person insensible unconscious or incapable of resistance, with intent in any such case to enable himself or any other person to commit or with intent in any such case to assist any other person in committing any indictable offence, shall be guilty of felony, and shall be liable to imprisonment for a term or not more than fifteen years.
Whosoever unlawfully applies or administers to or causes to be taken by or attempts to apply or administer to or attempts to cause to be applied or administered to or taken by any person any chloroform laudanum or other stupefying or overpowering drug matter or thing, with intent in any such case to enable himself or any other person to commit or with intent in any such case to assist any other person in committing any indictable offence, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than seven years.
Whosoever unlawfully and maliciously applies or administers to or causes to be applied or administered to or taken by any person any poison or other destructive or noxious thing so as thereby to endanger the life of such person or so as to inflict upon such person grievous bodily harm, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than ten years.
Whosoever unlawfully and maliciously administers to or causes to be administered to or taken by any 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 shall be liable to imprisonment for a term of not more than two years.
Whosoever being legally liable either as a master or mistress to provide for any apprentice or servant necessary food clothing or lodging wilfully and without lawful excuse refuses or neglects to provide the same, or unlawfully and maliciously does or causes to be done any bodily harm to any such apprentice or servant so that the life of such apprentice or servant is endangered or the health of such apprentice or servant is or is likely to be permanently injured, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than two years.
Whosoever unlawfully abandons or exposes any child being under the age of two years, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than three years.
Whosoever by negligently doing or omitting to do any act causes grievous bodily injury to any other person, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than two years.
Whosoever unlawfully and maliciously by the explosion of gunpowder or other substance burns maims disfigures disables or does any grievous bodily harm to any person, shall be guilty of felony, and shall be liable to imprisonment for a term or not more than fifteen years.
Whosoever unlawfully and maliciously causes any gunpowder or other explosive substance to explode, or sends or delivers to or causes to be taken or received by any person any explosive substance or other dangerous or noxious thing, or puts or lays at any place or casts or throws at or upon or otherwise applies to any person any corrosive fluid or any destructive or explosive substance, with intent in any such case to burn maim disfigure disable or do some grievous bodily harm to any person, shall (whether bodily injury is effected or not) be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever unlawfully and maliciously places or throws 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 any explosion takes place or not and whether bodily injury is effected or not) be guilty of felony, and shall be liable to imprisonment for a term of not more than ten years.
Whosoever knowingly has in his possession or makes or manufactures any gunpowder explosive substance or 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 person to commit any of the felonies in this Division mentioned, shall be guilty of a misdemeanour and shall be liable to imprisonment for a term of not more than two years.
Whosoever unlawfully and maliciously causes to be sent driven or conveyed into or through or to be generated or produced in any mine or any subterraneous passage communicating therewith, whether such mine is claimed by or belongs to such person or not any suffocating stupefying or overpowering fumes gas or vapour with intent to prevent any other person from working remaining or being in the same or any other mine or any such passage communicating therewith, shall be guilty of a misdemeanour and shall be liable to imprisonment for a term of not more than three years.
Whosoever sets or places or causes to be set or placed any spring-gun man-trap or other engine calculated to destroy human life or inflict grievous bodily harm on any person, or continues any such engine so placed or knowingly permits the same to continue so placed with the intent in any such case to inflict grievous bodily harm, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than three years. Nothing in this section contained shall extend to any gin or trap such as has been or is usually set or placed with the intent of destroying vermin or to any spring-gun man-trap or other engine set or placed from sunset to sunrise in a dwelling-house for the protection thereof.
Whosoever unlawfully and maliciously puts or throws upon or across a railway any wood stone or other thing, or unlawfully and maliciously takes up removes or displaces any rail sleeper or other thing belonging to any railway, or unlawfully and maliciously turns moves or diverts any points or other machinery belonging to any railway, or unlawfully and maliciously makes or shows hides or removes any signal or light upon or near to any railway or unlawfully and maliciously does or causes to be done any other matter or thing, with intent in any such cases to endanger the safety of any person travelling or being upon such railway, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever unlawfully and maliciously throws or causes to fall or strike at against into or upon any engine tender carriage or truck used upon a railway any wood stone or other thing, with intent to injure or endanger the safety of any person 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 forms part, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than ten years.
Whosoever by any unlawful act or by any wilful omission or neglect endangers or causes to be endangered the safety of any person conveyed or being in or upon a railway, or aids or assists therein, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term or not more than two years.

Assaults.

Whosoever is convicted upon presentment or indictment of any assault occasioning actual bodily harm, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than four years; and whosoever is convicted upon presentment or indictment for a common assault shall be liable to imprisonment for a term of not more than two years.
Whosoever by threats or force obstructs or prevents or endeavours 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 churchyard cemetery or other burial place, or strikes or offers any violence to, or upon any civil process or under the pretence of executing any civil process arrests 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 aforesaid, or who to the knowledge of the offender is going to perform the same or returning from the performance thereof, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than two years.
Whosoever assaults and strikes or wounds any magistrate officer or other person lawfully authorized in or on account of the exercise of his duty in or containing 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 shall be liable to imprisonment for a term of not more than five years.
Whosoever assaults any person with intent to commit felony, or assaults resists or wilfully obstructs any member of the police force in the due execution of his duty or any person acting in aid of such officer, or assaults any person with intent to resist or prevent the lawful apprehension or detainer of any person for any offence, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than two years.
Whosoever beats or uses 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 beats or uses any such violence or threat to any person having the care or 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 before a court or petty sessions be liable to imprisonment for a term of not more than three months. No person who is punished for any such offence by virtue of this section shall be punished for the same offence by virtue of any other law whatsoever.
Whosoever unlawfully and with force hinders or prevents any seaman keelman or caster from working at or exercising his lawful trade business or occupation, or beats or uses any violence to any such person with intent to hinder or prevent him from working at or exercising the same, shall on conviction before a court of petty sessions be liable to imprisonment for a term or not more than three months. No person who is punished for any such offence by reason of this section shall be punished for the same offence by virtue of any other law whatsoever.
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 unlawfully assaults any person, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than two years.

Rape and Similar Offences. Defilement of Women. Abduction.

Whosoever is convicted of rape shall be guilty of felony and except as herein provided shall suffer death.

If on the trial of any person charged with rape the jury are satisfied that the offence charged has been committed but that there were circumstances connected with the commission of the crime which appear to mitigate the offence the jury may return as their verdict that such person is guilty of the offence so charged with mitigating circumstances.
A person convicted or rape with mitigating circumstances shall not be condemned to or suffer death therefor but shall be liable to imprisonment for a term of not more than ten years.

Whosoever is convicted of an attempt to commit or of an assault with intent to commit the crime of rape shall be liable to imprisonment for a term of not more than ten years.
Whosoever unlawfully and carnally knows and abuses any girl under the age of ten years, shall be guilty of felony and shall suffer death.
Whosoever is 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 to imprisonment for a term of not more than ten years.

It shall be no defence to any such charge that such attempt or assault with intent was made with the consent of such girl.

Whosoever unlawfully and carnally knows any girl of or above the age of ten and under the age of sixteen years shall be guilty of felony, and shall be liable to imprisonment for a term of not more than ten years; but if he is a schoolmaster or teacher, and such girl is a pupil, he shall be liable to imprisonment for a term of not more than fifteen years.

Whosoever attempts to have unlawful carnal knowledge of any girl of or above the age of ten and under the age of sixteen years, or assaults any such girl with intent unlawfully and carnally to know her, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than three years; but if he is a schoolmaster or teacher, and such girl his pupil, he shall be liable to imprisonment for a term or not more than five years.

It shall be no defence to a charge for unlawfully and carnally knowing, or for attempting or for assaulting with intent unlawfully and carnally to know any girl under the age of sixteen years that such carnal knowledge or attempt to have carnal knowledge or assault with intent was or was made with the consent of such girl unless such girl is older than or of the same age as the defendant.
If any person of or above the age of twenty-one years unlawfully and carnally knows any unmarried female of or above the age of sixteen and under the age of eighteen years he shall be guilty of an indictable offence and shall be liable to imprisonment for a term of not more than twelve months.

It shall be no defence to any charge presentment indictment or information for an offence under this section that such carnal knowledge was with the consent of such female.
In this section the expression “female” does not include a female who with her consent has previously had intercourse with a male person.

No prosecution for an offence against a girl of or above twelve years of age under the provisions of section forty-four or against a female of or above sixteen years of age under section forty-six shall be commenced more than twelve months after its commission.
Whosoever unlawfully and carnally knows a woman or girl of or above the age of ten years such woman or girl being to his knowledge his daughter or other lineal descendant or his step-daughter shall be guilty of felony, and shall be liable to imprisonment for life or for any term the court thinks fit.

Whosoever attempts to have unlawful carnal knowledge of a woman or girl of or above the age of ten years, or assaults any such woman or girl with intent unlawfully and carnally to know her, such woman or girl being to his knowledge his daughter or other lineal descendant or his step daughter shall be guilty of felony, and shall be liable to imprisonment for a term of not more than ten years.
It shall be no defence to any such charge that such carnal knowledge or attempt or assault with intent to have unlawful carnal knowledge was or was made with the consent of such woman or girl.

Any woman or girl of or above the age of eighteen years who consents to her father or other lineal ancestor or step-father having carnal knowledge of her and permits him (knowing him to be her father or other lineal ancestor or her step-father as the case may be) so to do shall be guilty of felony, and shall be liable to imprisonment for a term of not more than five years.

It shall be sufficient to prove in support of a charge for any offence against this or the last preceding section that the woman or girl whose person or by whom the offence is alleged to have been committed is or is reputed to be the daughter or other lineal descendant or step-daughter of the person charged or with whom the offence is alleged to have been committed, and it shall not be necessary to prove that such woman or girl (or any person being her parent or ancestor and descendant of the person charged or with whom the offence is alleged to have been committed) was born in lawful wedlock.
In all proceedings under this or the last preceding section knowledge on the part of the accused of the relationship or affinity existing between the woman or the girl on whose person or by whom the offence is alleged to have been committed and the person charged or with whom the offence is alleged to have been committed shall unless or until evidence to the contrary is given be presumed to have existed at the time at which the offence is alleged to have been committed.
In all proceedings against any woman or girl for an offence against this section, it shall be a sufficient defence to prove that such woman or girl was at the time she consented to her father or other lineal ancestor or her step-father having carnal knowledge of her or permitted him so to do acting under his coercion.

Whosoever being:-
1. A superintendent medical attendant officer nurse attendant or other person employed in any hospital for the insane (including a hospital for the criminal insane) receiving house receiving ward or licensed house or benevolent asylum or charitable institution; or
2. A person having the care or charge of any female being a patient within the meaning of the Lunacy Act 1915;

Carnally knows or attempts or assaults with intent to carnally know any such female or any female under care or treatment as a lunatic in a hospital for the insane (including a hospital for the criminal insane) receiving house receiving ward or licensed house or benevolent asylum or charitable institution, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than five years; and no consent or alleged consent of such female thereto shall be a defence

No person shall be convicted of an offence against this section upon the evidence of one witness only unless such witness is corroborated in some material particular by evidence implicating the accused.

Whosoever unlawfully and indecently assaults any woman or girl, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than three years.

It shall be no defence to a charge for an indecent assault on a girl under the age of sixteen years that such assault was made with the consent of such girl.
Whosoever having been convicted of such misdemeanour as in this section mentioned afterwards commits such misdemeanour as in this section mentioned, shall be guilty of felony, and shall be liable to imprisonment for a term or not more than ten years.

Whosoever:-
1. Procures or attempts to procure any woman or girl under twenty-one years of age not being a common prostitute or of known immoral character to have unlawful carnal connexion within or without Victoria with any other person or persons; or
2. Procures or attempts to procure any woman or girl to become within or without Victoria a common prostitute; or
3. Procures or attempts to procure any woman or girl to leave Victoria with intent that she may become an inmate of a brothel elsewhere; or
4. Procures or attempts to procure any woman or girl to leave her place if abode in Victoria, such place not being a brothel, with intent that she may become an inmate of a brothel within or without Victoria;

Shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than two years.

No person shall be convicted of any offence under this section upon the evidence of one witness only unless such witness is corroborated in some material particular by evidence implicating the accused.

Whosoever:-
1. By threats or intimidation procures or attempts to procure any woman or girl to have unlawful carnal connexion within or without Victoria; or
2. By any false pretences or false representation or other fraudulent means procures or attempts to procure any woman or girl not being a common prostitute or of known immoral character to have any unlawful carnal connexion within or without Victoria;

Shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than two years.

Whosoever applies administers to or causes to be taken by any woman or girl any drug matter or thing with intent to stupefy or overpower so as thereby to enable any person to have unlawful carnal connexion with such woman or girl, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than ten years.
No person shall be convicted of an offence under this section upon the evidence of one witness only unless such witness is corroborated in some material particular by evidence implicating the accused.

Whosoever being the owner or occupier of any premises or having or acting or assisting in the management or control thereof induces or knowingly suffers any girl of such age as in this section mentioned to resort to or be in or upon such premises for the purpose of being unlawfully and carnally known by any man whether such carnal knowledge is intended to be with any particular man or generally;

If such girl is under the age of thirteen years shall be guilty of felony, and shall be liable to imprisonment for a term or not more than ten years;
If such girl is of or above the age of thirteen and under the age of sixteen years, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than two years.

Whosoever with intent that any girl or woman under the age of eighteen years should be unlawfully and carnally known by any man whether such carnal knowledge is intended to be with any particular man or generally takes or causes to be taken such girl or woman out of the possession and against the will of her father or mother or any person having the lawful charge of her shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than two years.
Whosoever detains any woman or girl against her will;
1. In or upon any premises with intent that she may be unlawfully and carnally known by any man whether any particular man generally; or
2. In any brothel;

Shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than two years.

When a woman or girl is in or upon any premises for the purpose of having an unlawful carnal connexion or is in any brothel, a person shall be deemed to detain such woman or girl in or upon such premises or in such brothel if with intent to compel or induce her to remain in or upon such premises or in such brothel such person withholds from such woman or girl any wearing apparel or other property belonging to her, or where wearing apparel has been lent or otherwise supplied to such woman or girl by or by the direction of such person such person threatens such woman or girl with legal proceedings if she takes away with her the wearing apparel so lent or supplied.
No legal proceedings civil or criminal shall be taken against any such woman or girl for taking away or being found in possession of any such wearing apparel as was necessary to enable her to leave such premises or brothel.

Whosoever from motives of lucre takes away or detains against her will a woman of any age who has any estate or interest in any real or personal property, or is a presumptive heiress or coheiress or next of kin to any one having such interest, with intent to marry or carnally know her or to cause her to be married or carnally known by any person, and whosoever fraudulently allures takes away or detains such woman being under the age of twenty-one years out of the possession and against the will of her parent or guardian 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 shall be liable to imprisonment for a term of not more than fifteen years.

And whosoever is convicted of any offence against this section shall be incapable of taking any estate or interest in any property of such woman or in which she has any such interest or which comes to her as such heiress coheiress or next of kin as aforesaid; and of any such marriage as aforesaid has taken place, such property shall upon such conviction be settled in such manner as the Supreme Court upon any information at the suit of the Attorney-General appoints.

Whosoever by force takes away or detains 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 shall be liable to imprisonment for a term or not more than ten years.
Whosoever unlawfully takes or causes to be taken any unmarried girl being under the age of sixteen years out of the possession and against the will of her parent or guardian or of any other person having the lawful care or charge of her, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than two years.

Child Stealing.

Whosoever unlawfully either by force or fraud leads or takes away or decoys or entices away or detains any child under the age of fourteen years, with intent to deprive any parent or guardian or any 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; and whosoever with any such intent receives or harbours any such child knowing the same to have been by force or fraud led taken decoyed enticed away or detained, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than five years.

No person who has claimed any right to the possession of such child, or is the mother or has 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 care or charge thereof.

Bigamy.

Whosoever being married goes through the form or ceremony of marriage with any other person during the life of her or his husband or wife, shall be guilty of felony, and shall be liable to imprisonment for a term or not more than five years. Nothing in this section contained shall extend to any person going through the form or ceremony of marriage as aforesaid whose husband or wife has been continually absent from such person for the space of seven years then last past and has not been known by such person to be living within that time; or shall extend to any person who at the time of her or his going through such form or ceremony of marriage has been divorced from the bond of marriage; or to any person whose marriage at such time has been declared void by the sentence of any court of competent jurisdiction.

Attempts to procure Abortion.

Whosoever being a woman with child with intent to procure her own miscarriage unlawfully administers to herself any poison or other noxious thing or unlawfully uses any instrument or other means, and whosoever with intent to procure the miscarriage of any woman whether she is or is not with child unlawfully administers to her or causes her to be taken by her any poison or other noxious thing, or unlawfully uses any instrument or other means with the like intent, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever unlawfully supplies or procures 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 with child or not, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term or not more than three years.

Concealing the Birth of a Child.

If any woman has been delivered of a child, every person who by any secret disposition of the dead body of the said child whether such child died before at or after birth endeavours to conceal the birth thereof, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than two years.

Unnatural Offences.

Whosoever commits the abominable crime of buggery 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 upon conviction thereof suffer death as a felon.

And whosoever commits the said abominable crime either with mankind or with any animal shall, in any case in which the offence is not punishable under the preceding part of this section, be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.

Whosoever attempts to commit either with mankind or with any animal the abominable crime of buggery, or is 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 shall be liable to imprisonment for a term or not more than ten years.

Carnal Knowledge.

Whenever upon the trial for any offence punishable under this Division it is 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.

DIVISION TWO – Larceny and Similar Offences.

For the purposes of this Division:-

“Banker” includes any director of an incorporated banking company.
“Cattle” includes 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 mule or ass, and any pig, and any camel alpaca or llama.
“Document of title to goods” includes any bill of lading dock warrant warehouse-keeper’s certificate warrant or order for the delivery or transfer of any goods or valuable thing bought and sold note, or any other document used in the ordinary course of business as proof of the possession or control of goods or authorizing or purporting to authorize either by indorsement or by delivery the possessor of such document to transfer or receive any goods thereby represented or therein mentioned or referred to.
“Document of title to lands” includes 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.
The night shall be deemed to commence at nine of the clock in the evening of each day, and to conclude at the six of the clock in the morning of the next succeeding day.
“Property” includes every description of real and personal property money debts and legacies, and all deeds and instruments relating to or evidencing the title or right to any property or giving a right to recover or receive any money or goods; and also includes not only such property as has been originally in the possession or under the control of any party, but also any property into or for which the same has been converted or exchanged, and anything acquired by such conversation or exchange whether immediately or otherwise.
“Trustee” means a trustee on some express trust created by some deed will or instrument in writing, and includes the heir or personal representative of such trustee, and any other person upon whom the duty of such trust has devolved, and also an executor and an administrator and an official agent manager liquidator or other like officer acting or appointed under any Act or any decree or order of the Supreme Court, and also a receiver so acting or appointed and also an assignee or trustee in insolvency.
“Valuable security” includes any order 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 any part of the British dominions or of any foreign State, or in any fund of any body corporate company or society whether within or without the British dominions, or to any deposit in any bank; and also includes any debenture seed bond bill note warrant order or other security whatsoever for money or for payment of money whether of any part of the British dominions or of any foreign State, and any document of title to lands or goods as herein defined.

Larceny in General. Summary Jurisdiction in Cases of Larceny.

Every larceny whatever is 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 One thousand eight hundred and twenty-eight.
Whosoever being a bailee of any property fraudulently takes or converts the same to his own use or the use of any person other than the owner thereof, although he does not break bulk or otherwise determine the bailment, shall be guilty of simple larceny.
Whosoever commits simple larceny or any felony made punishable like simple larceny shall (except in cases otherwise provided for) be liable to imprisonment for a term of not more than five years.
Where any person is charged before justices assembled in petty sessions:-

With simple larceny, and the value of property alleged to have been stolen does not in the judgement of such justices exceed the sum of two pounds, or
With having the attempt 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 of the person charged confesses the same, or if such justices after hearing the whole case for the prosecution and for the defence find the charge proved, then such justices may convict the person charged and commit him to goal for imprisonment for a term of not more than three months; and if they find the offence not proved, they shall dismiss the charge and on being requested so to do make out and deliver 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 does not consent or if such justices are of the opinion that the charge is from any circumstance fit to be prosecuted by proceedings 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 are of opinion that there are circumstances in the case which render it inexpedient to inflict any punishment, they shall have the 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. Every conviction and certificate to be made or given as aforesaid shall contain a statement that the offender consented to the charge being decided summarily.

Where the justices before whom any person is charged as aforesaid propose to dispose of the case summarily under the foregoing provisions, one of such justices, after the examination of all the witnesses for the prosecution has 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 consents 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 ask him whether he is guilty or not of such charge; and if such person says that he is guilty, the justices shall pass such sentence upon him as may by the last preceding section be passed in respect of such offence; but if the person charged says that he is not guilty, the justice shall inquire of such person whether he has any defence to make to such charge; and if he states that he has a defence, the justice shall hear such defence and then proceed to dispose of the case summarily.

When any person is charged before justices assembled in petty sessions:-
1. With simple larceny and the value of the property alleged to have been stolen may exceed two pounds, or
2. With larceny from the person, or
3. With 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 on his trial for the offence with which he is charged, such justices, if it appears to them a case 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 read it to the said person and ask him whether he is guilty or not; and if such person says that he is guilty, such justices shall thereupon cause a plea of guilty to be entered upon the proceedings and shall convict him and commit him to gaol for a term of not more than twelve months. 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; and that if he does not plead or answer before them or pleads not guilty they will direct him to be tried.

Every conviction by justices under the three last proceeding sections shall have the same effect as a conviction upon an information for the same offence as for an indictable offence.

Every person who obtains a certificate of dismissal or is convicted under such sections or any of them shall be released from all further criminal proceedings for the same cause.
The justices may make an order as to the restitution of property as provided by section four hundred and seventy-four.

The justices adjudicating under any of the such sections 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.
Where any person is charged before any justice with any offence mentioned in any of such sections and in the opinion of such justice the case may be as is required to be or may be proper to be disposed of under the said sections by justices assembled in petty sessions the justice before whom such person is so charged may if he sees fit remand such person for further examination to the next petty sessions having jurisdiction to be held nearest to the place at which such justice then is, in like manner in all respects as a justice is by law authorized to remand a party accused of an indictable offence.

Larceny of Cattle or other Animals.

Whosoever steals any cattle shall be guilty of felony and shall be liable to imprisonment for a term of not more than ten years.
Whosoever takes uses or in any manner works any cattle or any goat the property of any other person without consent of the owner or other person in lawful possession thereof, shall be guilty of an offence, and being convicted thereof either as an indictable offence or before a court of petty sessions in a summary manner shall be liable to imprisonment for a term of not more than one year or to a penalty of not more than Twenty pounds in respect of every head of cattle or of goats so taken used or worked.
In case the court of petty sessions before which any person is charged with any such offence as in the last preceding section mentioned finds that the offence charged ought to be dealt with as a charge of felony or is of opinion that the same is a fit subject for prosecution as for an indictable offence, it shall abstain from any adjudication thereupon and shall deal with the case in all respects in the same manner as if it had no authority finally to hear and determine the same, but may direct the offender to be tried for the felony or such indictable offence.
Whosoever wilfully kills any animal with intent to steal the carcass skin or any part of the animal so killed, shall be guilty of felony, and 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.
Whosoever unlawfully and wilfully courses hunts snares or carries away of kills or wounds or attempts to kill or wound any deer kept of being in or upon any enclosed land shall be guilty of felony and shall be liable to be punished as in simple larceny.
If any deer or the head skin or other part thereof or any snare or engine for the taking of deer is 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 court of petty sessions does not satisfy the court 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 be liable to a penalty of not more than Twenty pounds. And if any such person is not under the provisions of this section liable to conviction, then for the discovery of the party who actually killed or stole such deer, the court (at its discretion as the evidence given and the circumstances of the case require) may summon before it every person through whose hands such deer or the head skin or other part thereof appears to have passed; and if the person from whom the same has been first received or who has had possession thereof does not satisfy the court that he came lawfully by the same, he shall be liable to the penalty hereinbefore last mentioned.
Whosoever unlawfully and wilfully sets or uses any snare or engine whatsoever for the purpose of taking or killing deer in or upon any enclosed land where deer are usually kept, or unlawfully and wilfully destroys any part of the fence of any land where any deer are then kept, shall be liable on conviction before a court of petty sessions to a penalty of not more than Twenty pounds.
Whosoever steals any dog shall on conviction thereof before a court of petty sessions be liable to imprisonment for a term of not more than six months or to a penalty over and above the value of the said dog of not more than Twenty pounds. And whosever having been convicted of any such offence afterwards steals any dog, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than eighteen months.
Whosoever unlawfully has in his possession or on his premises any stolen dog or the skin of any stolen dog knowing that such dog was stolen or that the skin was the skin of a stolen dog, shall on conviction thereof before a court of petty sessions be liable to a penalty of not more than Twenty pounds. And whosoever having been convicted of any such offence afterwards commits any such offence as in this section before mentioned, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than two years.
Whosoever corruptly takes any money or reward directly or indirectly under pretence or upon account of aiding any person to recover any dog which has been stolen or which is in the possession of any person not being the owner thereof, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than two years.
Whosoever steals 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 wilfully kills any such bird beast or animal with intent to steal the same or any part thereof, shall on conviction thereof before a court of petty sessions be liable to imprisonment for a term of not more than six months, or to a penalty over and above the value of the bird beast or other animal of not more than Twenty pounds. And whosoever having been convicted of any such offence afterwards commits any offence in this section before mentioned shall on conviction before a court of petty sessions be liable to imprisonment for a term of not more than twelve months.
If any such bird or any of the plumage thereof or any dog or any such beast or the skin thereof or any such animal or any part thereof is found in the possession or on the premises of any person, any court of petty sessions may restore the same respectively to the owner thereof. And any person in whose possession or on whose premises such bird or the plumage thereof or such beast or the skin thereof or such animal or any part thereof is 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 court of petty sessions be liable for the first offence to such penalty, 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.
Whosoever unlawfully and wilfully kills wounds or takes any house-dove or pigeon under such circumstances as do not amount to larceny at common law, shall on conviction before a court of petty sessions be liable to a penalty over and above the value of the bird of not more than Two pounds.
Whosoever unlawfully and wilfully takes or destroys any fish in any water which runs through or is in any land adjoining or belonging to the dwelling-house of any person being the owner of such water or having a right of fishery therein, shall be guilty of a misdemeanour. And whosoever unlawfully and wilfully takes or destroys or attempts to take or destroy any fish in any water not being such as hereinbefore mentioned but which is private property or in which there is any private right of fishery, shall on conviction thereof before a court of petty sessions be liable to a penalty over and above the value of the fish taken or destroyed (if any) of not more than Five pounds.

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 by angling between the beginning of the last hour before sunrise and the expiration of the first hour after sunset unlawfully and wilfully takes or destroys or attempts to take or destroy any fish in any such water as first mentioned, shall on conviction before a court of petty sessions be liable to a penalty of not more than Five pounds; and if in any such water as last mentioned be shall on the like conviction be liable to a penalty of not more than Two pounds.

If any person is at any time found fishing against the provisions of this Part, the owner of the ground water or fishery where such offender is 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 is then in his possession; and in case such offender does 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 are taken or by whom the same are delivered up as aforesaid, shall by the taking or delivering thereof be exempted from the payment of any damages or penalty for such angling.

Whosoever steals 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 shall be liable to be punished as in the case of simple larceny.

And whosoever unlawfully and wilfully uses 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 are actually taken, or unlawfully and wilfully with any net instrument or engine drags upon the ground or soil of any such fishery, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than three months or to a penalty of not more than Twenty pounds.

Nothing in this section 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.

Whosoever steals, or for any fraudulent purpose destroys cancels or obliterates the whole or any part of any valuable security other than a document of title to lands, shall be guilty of felony and shall be liable to imprisonment for a term of not more than five years.
Whosoever steals, or for any fraudulent purpose destroys cancels obliterates or conceals the whole or any part of any document of title of lands, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than five years.
Whosoever either during the life of the testator or after his death steals, or for any fraudulent purpose destroys cancels obliterates or conceals the whole or any part of any will codicil or other testamentary instrument (whether the same relates to real or personal estate or to both), shall be guilty of felony, and shall be liable to imprisonment for a term of not more than five years.
Nothing in the last two preceding sections nor any preceding conviction or judgment to be had or taken thereupon shall prevent lessen or impeach any remedy which any party 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 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 in respect of any act done by him, if before being charged with such offence he first disclosed such act on oath under compulsory process or any court in any action or proceeding instituted in good faith by any party aggrieved, or under compulsory examination or deposition before any court upon the hearing of any matter in insolvency.
Whosoever steals, or for any fraudulent purpose takes from its place of deposit for the time being or from any person having the lawful custody thereof, or unlawfully and maliciously cancels obliterates injures or destroys, 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 or court of petty sessions or relating to any matter or cause civil or criminal in any such court, or of any original document in anywise relating to the business of any office or employment under His Majesty and being or remaining in any office appertaining to any court or in any Government or public office, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than five years.

Larceny of Things attached to or growing on Land.

Whosoever steals, or rips cuts severs or breaks with intent to steal, any glass or wood-work belonging to any building erection or structure or any metal or any utensil or fixture whether made of metal or other material or of both respectively fixed in or to any building erection or structure, or anything 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 shall be liable to be punished as for simple larceny.
Whosoever steals, or cuts breaks roots up or otherwise destroys or damages with intent to steal, 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 belonging to any dwelling-house, shall (in case the value of the article or articles stolen or the amount of the injury done exceeds the sum of one pound) be guilty of felony and shall be liable to be punished as for simple larceny. And whosoever steals, or cuts breaks roots up or otherwise destroys or damages with intent to steal, the whole or any part of any tree sapling or shrub or any underwood growing elsewhere than in any situation before mentioned, shall (in case the value of the article or articles stolen or the amount of the injury done exceeds the sum of five pounds) be guilty of felony, and shall be liable to be punished as for simple larceny.
Whosoever steals, or cuts breaks roots up or otherwise destroys or damages 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 a the least, shall on conviction thereof before a court of petty sessions be liable to a penalty over and above the value of the article or articles stolen or the amount of the injury done of not more than Five pounds. And whosoever having been convicted of any such offence either against this or any former Act afterwards commits any of the said offences in this section before mentioned shall for such second offence on conviction before a court of petty sessions be liable to imprisonment for a term of not more than twelve months. And whosoever having been twice convicted of any such offence afterwards commits any of the offences in this section before mentioned, shall be guilty of felony, and shall be liable to be punished as for simple larceny.
Whosoever steals, or cuts breaks up or otherwise damages or destroys with intent to steal, any dead wood lying on land in the occupation of another person, the stealing of such wood or the injury done being to the amount of one shilling at the least, shall be liable on conviction before a court of petty sessions to a penalty over and above the value of the wood stolen or the amount of injury done of not more than Five pounds. And whosoever having been convicted of any such offence either against this or any former Act afterwards commits any of the said offences in this section before mentioned shall for such second offence be liable on conviction before a court of petty sessions to a penalty over and above the value of the wood stolen or the amount of injury done of not more than Ten pounds. And whosoever having been twice convicted of any such offence afterwards commits any of the offences in this section before mentioned, shall be guilty of felony, and shall be liable to be punished as for simple larceny.
Whosoever steals, or cuts breaks or throws 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 be liable on conviction before a court of petty sessions to a penalty over and above the value of the article or articles so stolen or the amount of the injury done of not more than Five pounds. And whosoever having been convicted of any such offence either against this or any former Act afterwards commits any of the said offences in this section before mentioned, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than twelve months.
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 or gate or any part thereof being of the value of one shilling at the least is found in the actual possession of any person or on the premises of any person with his knowledge, and such person being taken or summoned before a court of petty sessions does not satisfy the court that he came lawfully by the same, he shall be liable to a penalty over and above the value of the article or articles so found of not note than Two pounds.
Whosoever steals, or destroys or damages with intent to steal, and plant root fruit or vegetable production growing in any garden orchard pleasure-ground nursery-ground hot-house green-house or conservatory, shall be liable on conviction before a court of petty sessions to imprisonment for a term of not more than six months or to a penalty over and above the value of the article or articles so stolen or the amount of the injury done of not more than Twenty pounds. And whosoever having been convicted of any such offence either against this or any former Act afterwards commits any of the offences in this section before mentioned, shall be guilty of felony, and shall be liable to be punished as for simple larceny.
Whosoever steals, or destroys or damages 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 be liable on conviction before a court of petty sessions to imprisonment for a term of not more than one month or to a penalty over and above the value of the article or articles stolen or the amount of the injury done of not more than Twenty shillings and in default of payment thereof shall be imprisoned for a term of not more than one month unless payment is sooner made. And whosoever having been convicted of any such offence either against this or any former Act afterwards commits any of the offences in this section before mentioned shall be liable on conviction before a court of petty sessions to imprisonment for a term of not more than six months.

Larceny from Mines.

Whosoever steals or severs 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 from 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 shall be liable to be punished as for simple larceny.

This and the three next succeeding sections shall apply to mining on private property under Part 2 of the Mines Act 1915 and the word “claim” wherever occurring in such sections shall include private land occupied by the holder of a miner’s right under the provisions of the said Part and words referring to lands held under lease shall extend and apply to private land in respect of which a lease has been granted under the said Part.

Whosoever being employed in or about any mine or claim or any land comprised in any such lease as aforesaid takes removes or conceals any gold or the ore of any metal or any lapis clalminaris 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 shall be liable to imprisonment for a term of not more than two years.
Whosoever being the holder of any lease issued under any Act relating to the gold fields by any fraudulent device or contrivance defrauds or attempts to defraud His Majesty of any gold or money payable or reserved by such lease, or with such intent as aforesaid conceals or makes a false statement as to the amount of any gold procured by him shall be guilty of a misdemeanour.
Whosoever with intent to defraud his co-partner co-adventurer joint tenant or tenant in common in any claim or in any land comprised in any lease for mining purposes granted by the Governor in Council or in any share or interest in any claim or in any such land secretly keeps back or conceals any gold found in or upon or taken from such claim or land shall be liable to be punished as for simple larceny.

Larceny from the Person and like Offences. Threats Extortion &c.

Whosoever robs any person or steals any chattel money or valuable security from the person of another shall be guilty of felony and shall be liable to imprisonment for a term or not more than ten years.
Whosoever assaults any person with intent to rob shall be guilty of felony and shall (except in any case where a greater punishment is provided by this Act) be liable to imprisonment for a term of not mote than three years.
Whosoever robs any person and at the time of or immediately before or immediately after such robbery wounds any person, shall be guilty of felony, and shall suffer death.
Whosoever being armed with any offensive weapon or instrument robs or assaults with intent to rob any person, or together with any other person robs or assaults with intent to rob any person, or robs any person and at the time of or immediately before or immediately after such robbery beats strikes or uses any other personal violence to any person, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever knowing the contents thereof sends delivers or utters or directly or indirectly causes to be received 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 shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever with menaces or by force demands 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 shall be liable to imprisonment for term of not more than three years.
Whosoever sends delivers or utters or directly or indirectly causes to be received knowing the contents thereof any letter or writing accusing or threatening to accuse a 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 intent in any such case to extort or gain by means of such letter or writing any property chattel money valuable security or other valuable thing from any person, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than 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.

Whosoever accuses or threatens to accuse either the person to whom such accusation or threat is made or any other person of any of the infamous or other crimes lastly hereinbefore mentioned, with intent 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 shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever with intent to defraud or injure any other person by unlawful violence to or restrain of or threat of violence or to 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, compels or induces 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 any name or seal 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 shall be liable to imprisonment for a term of not more than fifteen years.
It shall be immaterial whether the menaces or threats hereinbefore mentioned are of violence injury or accusation to be caused or made by the offender or by any other person.

Sacrilege Burglary and Housebreaking.

Whosoever breaks and enters any church chapel meeting-house or other place of divine worship and commits a felony therein or being in any church chapel meeting-house or other place of divine worship commits a felony therein and breaks out of the same, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever enters the dwelling-house of another with intent to commit a felony therein or being in such dwelling-house commits a felony therein and in either case breaks out of the said dwelling-house in the night, shall be deemed guilty of burglary.
Whosoever commits burglary shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever burglariously breaks and enters into any dwelling-house and assaults with intent to murder any person being therein or wounds beats or strikes any such person, shall be guilty of felony, and being convicted thereof shall suffer death.
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 Division unless there is a 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.
Whosoever enters any dwelling-house in the night with intent to commit a felony therein, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than seven years.
Whosoever breaks and enters any building and commits a felony therein (such building being within the curtilage of a dwelling-house and occupied therewith but not being part thereof according to the provision hereinbefore mentioned) or being in any such building commits a felony therein and breaks out of the same, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than ten years.
Whosoever breaks and enters any dwelling-house school-house shop warehouse or counting-house and commits a felony therein or being in any dwelling-house school-house shop warehouse or counting-house commits a felony therein and breaks out of the same, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than ten years.
Whosoever breaks and enters 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 felony therein, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than seven years.
Whosoever is found by night armed with any dangerous or offensive weapon or instrument with intent to break or enter into any dwelling-house or other building and to commit a felony therein, or is found by night having in his possession without lawful excuse any picklock key crowjack bit or other implement of housebreaking, or is found by night having his face blackened or otherwise disguised with intent to commit a felony, or is found by night in any dwelling-house or other building or in any enclosed yard garden or area or in or on any premises connected therewith with intent to commit a felony therein or thereon shall be guilty of a misdemeanour, and being convicted thereof shall be liable to imprisonment for a term or not more than three years.
Whosoever is convicted of any such misdemeanour as in the last preceding section mentioned committed after a previous conviction either for felony or such misdemeanour, shall be liable to imprisonment for a term or not more than seven years.

Larceny in the House.

Whosoever steals in any dwelling-house any chattel money or valuable security, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than seven years.
Whosoever steals any chattel money or valuable security in any dwelling-house and by any menace or threat puts any one being therein in bodily fear, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than ten years.

Larceny of Books &c. in Public Libraries &c.

Whosoever steals or removes secretes or damages with intent to steal any book print manuscript or other article or any part thereof, kept for the purposes of reference or exhibition or of art science or literature in any public library or any building belonging to the Crown or to any university or college affiliated to any university or any municipality, shall be guilty of a misdemeanour and shall be liable to imprisonment for a term of not more than two years, and to pay a sum equal to four times the value of such article so stolen removed secreted or damaged.

Every collection of books prints manuscripts or similar articles kept in any school of arts or mechanics’ institute or in any building or room occupied or habitually used by the members of any association or municipality as a reading room or library shall be deemed a public library within the meaning of this section.

Larcenies in Manufactories &c.

Whosoever steals 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 those materials mixed with each other or mixed with any other materials 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 shall be liable to imprisonment for a term of not more than ten years.
Whosoever being for the purpose of manufacture or any special purpose connected with manufacture 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 being for any such purpose intrusted with any such goods article or material or with any tools or apparatus for manufacturing the same sells pawns purloins secretes embezzles exchanges or otherwise fraudulently dispose of the same or any part thereof, shall (where the case does not fall within the last preceding section hereof) be guilty of a misdemeanour.
Whenever any person intrusted or employed as in the last preceding section mentioned does not use all the articles materials or things with or in respect of which he has been so as aforesaid intrusted or employed and neglects or delays for the space of thirty days after the work for or in respect of which he has been so intrusted 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 is not used as aforesaid to the person or persons intrusting 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 are commenced against him within six calendar months next after the offence was committed.

Larceny in Ships Wharfs &c.

Whosoever steals any goods or merchandise in any vessel barge or boat in any haven port 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 steals any goods or merchandise from any dock wharf or quay, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than ten years.
Whosoever plunders or steals any part of any ship or vessel 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 shall be liable to imprisonment for a term of not more than ten years.

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

Whosoever being a clerk or servant or being employed for the purpose or in the capacity of a clerk or servant steals 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 shall be liable to imprisonment for a term of not more than ten years.
Whosoever being a clerk or servant or being employed for the purpose or in the capacity of a clerk or servant fraudulently embezzles any chattel money or valuable security which is 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 or 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 shall be liable to imprisonment for a term or not more than ten years.
Whosoever having as the clerk servant or agent of any person or as a bailee received or obtained any property on terms express or implied and whether such terms are written or verbal requiring him to account for deliver or pay such property or the proceeds thereof or any part of such proceeds to his master employer principal or bailor (as the case may be) or to any other person though not requiring him to deliver over or pay in specie the identical property received or obtained fraudulently converts such property or proceeds to his own use or fraudulently omits to account for deliver or pay such property or any part thereof or to account for deliver or pay such proceeds or any part thereof which he was required to account for deliver or pay as aforesaid shall be deemed to have fraudulently stolen the same from his master employer principal or bailor or other person to whom the said accounting delivering or payment ought to have been made, and shall be liable to imprisonment for a term of not more than ten years.
Where a company incorporated under the Companies Act 1915 or any corresponding enactment previously in force or any other body corporate has as the agent of any person or as a bailee received or obtained any property on terms express or implied, and whether such terms are written or verbal requiring such company or body corporate to account for deliver or pay such property or the proceeds thereof or any part of such proceeds to the person for whom it is agent or to any other person though not requiring it to deliver over or pay in specie the identical property received or obtained, every director manager officer employee and agent of the said company or body corporate who is knowingly a party to the fraudulent conversion of such property or any part thereof or such proceeds or any part thereof, or who is knowingly a party of the fraudulent omission to account for deliver or pay such property or any part thereof or to account for deliver or pay such proceeds or any part thereof which the company or body corporate was required to account for deliver or pay as aforesaid, shall be deemed to have feloniously stolen the same from the person to whom the said accounting delivering or payment ought to have been made, and shall be liable to imprisonment for a term of not more than ten years.
Whosoever being employed in the public service of His Majesty in Victoria steals any chattel money or valuable security belonging to or in the possession or power of His Majesty or intrusted to or received or taken into possession by him by virtue of his employment, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than ten years.
Whosoever, being employed in the public service of His Majesty in Victoria and intrusted by virtue of such employment with the receipt custody management or control of any chattel money or valuable security embezzles any chattel money or valuable security which has been intrusted to or received or taken into possession by him by virtue of his employment or any part thereof, or in any manner fraudulently applies or disposes of the same or any part thereof to his own use or benefit 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 has been intrusted to or received by him or has come to his possession or control, shall be deemed to have feloniously stolen the same from His Majesty, and being convicted thereof shall be liable to imprisonment for a term of not more

than ten years.

General Deficiency.

On the prosecution of any person for the larceny or embezzlement by him as a clerk or servant of money the property of his master or employer it shall not be necessary to prove the larceny or embezzlement by him or any specific sum of money of there is proof of a general deficiency on the examination of the books of account or entries kept or made by him or otherwise and the jury is satisfied that the accused stole or fraudulently embezzled the deficient money or any part thereof.

Falsification of Accounts by Clerk Servant &c.

Whosoever being a clerk officer or servant, or any person employed or acting in the capacity of a clerk officer or servant, wilfully and with intent to defraud destroys alters mutilates or falsifies any book paper writing valuable security or account which belongs to or is in the possession of his employer, or has been received by him for or on behalf of his employer, or wilfully and with intent to defraud makes or concurs in making any false entry in or omits or alters or concurs in omitting or altering any material particular from or in any such book or any document or account, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than seven years.
It shall be sufficient in any indictment or presentment under the last preceding section to allege a general intent to defraud without naming any particular person intended to be defrauded.

Larceny by Tenants or Lodgers.

Whosoever steals any chattel or fixture let to be used by him or her in or with any house or lodging, whether the contract has 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 shall be liable to be punished as for simple larceny.

Frauds by Agents Bankers Factors Trustees Partners &c.

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 a direction 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, in any manner converts to his own use or benefit or the use or benefit of any person other than the person by whom he has been so intrusted such money security or proceeds or any part thereof respectively, in violation of good faith and contrary to the terms of such direction; 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 other valuable security for safe custody or for any special purpose without authority to sell negotiate transfer or pledge the same, or with any power or 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 Victoria or any other British state or colony or of any foreign state or in any capital or stock or fund in any body corporate company or society in any manner converts to his own use or benefit or the care or benefit of any person other than the person by whom he has been so intrusted such chattel or security or the proceeds of the same or any part thereof or the share or interest in the capital or stock or fund to which such power of attorney relates or any part thereof, in violation of good faith and contrary to the purpose for which such chattel security or power of attorney was intrusted to him, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than seven years.

Nothing in this section shall affect any trustee under any instrument or any mortgagee of property in respect of any act done by such trustee or mortgagee in relation to the property comprised in or affected by any such trust or mortgage; or shall restrain an agent from receiving money payable upon any valuable security according to the tenor and effect thereof or from disposing of any securities or effects in his possession upon which he has any claim entitling him by law so to do, unless such disposal extends to more than is requisite for satisfying such claim.

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, contrary to or without the authority of his principal in that behalf for his own use or benefit or the use or benefit of any person other than the person by whom he was so entrusted and in violation of good faith consigns deposits transfers or delivers the goods or any part thereof or document of titles so intrusted to him as security for money or other valuable thing borrowed or received or to be borrowed or received by such factor or agent or contrary to or without the authority of his principal for his own use or benefit or the use or benefit of any person other than the person by whom he was so entrusted and in violation of good faith accepts any advance of money or other valuable thing 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 shall be liable to imprisonment for a term of not more than seven years.

And whosoever knowingly and wilfully acts and assists 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 shall be liable to the like punishment. No such factor or agent shall be liable to prosecution for consigning depositing transferring or delivering any such goods or documents of title in case the same are not made a security for any greater sum than the amount, if any, then due to such factor or agent from his principal and of any bill of exchange drawn by or on account of such principal and accepted by such factor or agent.

For the purposes of the last preceding section:-
1. Every 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 such factor or agent by reason of his having 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;
2. 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;
3. And such factor or agent shall be deemed to be possessed of such goods or document whether the same are in his actual custody or are held by any other person subject to his control or for him or on his behalf;
4. Where any loan or advance is boná 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 are or is actually received by the person making such loan or advance without notice that the factor or agent was not 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 though such goods or document of title are or is not actually received by the person making such loan or advance till the period subsequently thereto: and any contract or agreement whether made direct with such factor or agent or with any 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;
5. A factor in possession as aforesaid of such goods or document shall be taken to have been intrusted therewith by the owner, unless the contrary is shown.
Whosoever being a banker merchant broker attorney or agent, and being intrusted either solely or jointly with any other person with the property of any other person for safe custody with intent to defraud sells negotiates transfers pledges or in any manner converts or appropriates the same or any part thereof to or for his own use or benefit, or the use or benefit of any person other than the person by whom he was so intrusted, shall be guilty of misdemeanour, and shall be liable to imprisonment for a term of not more than seven years.
Whosoever being intrusted either solely or jointly with any other person with any power of attorney for the sale or transfer of any property fraudulently sells or transfers or otherwise converts the same or any part thereof to his own use or benefit or to the use or benefit of any person other than the person by whom he was so intrusted, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term or not more than seven years.
Whosoever being a trustee of any property for the use or benefit either wholly or partially of some other person or for any public or charitable purpose with intent to defraud converts or appropriates the same or any part thereof to or for his own use or benefit or the use or benefit of any person other than such person as aforesaid, or for any purpose other than such public or charitable purpose as aforesaid, or otherwise disposes of or destroys such property or any part thereof, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than seven years.

No prosecution for any offence included in this section shall be commenced without the sanction of a law officer.

Where any civil proceeding has been taken against any person to whom the provision of this section applies no person who has taken such proceeding shall commence ant prosecution under this section without the sanction of the court or judge before whom such proceeding has been had or is pending.

Whosoever being a member of any co-partnership or being one of two or more beneficial owners of any property steals or embezzles any such property of or belonging to any such co-partnership or such joint beneficial owners shall be liable to be dealt with tried convicted and punished for the same as if such person was not a member of such co-partnership or one of such beneficial owners.
Nothing in any of the seven last preceding sections shall enable or entitle any person to refuse to make a full and complete discovery in any civil proceeding in any court or to answer any question or interrogatory in any such proceeding or upon the hearing of any matter in insolvency; and no person shall be convicted of any of the misdemeanours in any of the said sections mentioned if before being charged with the offence he first disclosed such act on oath under any compulsory process of any court of law or equity in any proceeding boná fide instituted by any party aggrieved, or if he first disclosed the same in any compulsory examination or deposition before any court upon the hearing of any matter in insolvency.
Nothing in any of the eight last preceding sections nor any proceeding or conviction under them shall affect any remedy which any party aggrieved 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 against him; and nothing in the said sections shall affect any agreement entered into or security given by any trustee having for its object the restoration or repayment of any trust property misappropriated.
No misdemeanour against any of the nine last preceding sections shall be prosecuted or tried at any court of general sessions of the peace.

Frauds by Directors Officers &c. of Companies &c.

Whosoever being a director member manager or officer of any body corporate or public company fraudulently takes or applies for his own use or benefit or for any use or purposes other than the use or purposes of such body corporate or public company any of the property of such body corporate or public company, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than seven years.
Whosoever being a director manager or officer of any body corporate or public company as such receives or possesses himself of any of the property of such body corporate or public company otherwise than in payment of a just debt or demand, and with intent to defraud omits to make or to cause or direct to be made a full and true entry thereof in the books and accounts of such body corporate or public company, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term or not more than seven years.
Whosoever being a director member manager or officer of any body corporate or public company with intent to defraud destroys alters mutilates or falsifies any book paper writing or valuable security belonging to the body corporate or public company or makes or concurs in making any false entry, or omits or concurs in omitting any material particular in any book of account or other document, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than seven years.
Whosoever being a director manager or officer of any body corporate or public company makes circulates or publishes or concurs in making circulating or publishing any written statement or account which he knows to be false in any material particular with intent to deceive or defraud any member shareholder or creditor of such body corporate or public company or with intent to induce any person to become a shareholder or partner therein, or to intrust or advance any property to such body corporate or public company, or to enter into any security for the benefit thereof, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than seven years.
Nothing in any of the four last preceding sections shall enable or entitle any person to refuse to make a full and complete discovery in any civil proceeding in any court, or to answer any question or interrogatory in any proceeding, or upon the hearing of any matter in insolvency; and no person shall be convicted of any of the misdemeanours in any of the said sections if before being charged with the offence he first disclosed such act on oath under any compulsory process of any court of law or equity in any proceeding boná fide instituted by any party aggrieved, or if he first disclosed the same in any compulsory examination or disposition before any court upon the hearing of any matter in insolvency.
Nothing in any of the five last preceding sections nor any proceeding or conviction under them shall affect any remedy which any party aggrieved 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 against him.
Whosoever being a director manager or officer of any body corporate or public company wilfully neglects or refuses to convene any meeting of the body corporate or public company in accordance with the provisions of any Act in force or any by-laws rules regulations articles or memorandum of association or deed of partnership relating to such body corporate or public company, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than three years.
Whosoever with intent to defraud makes any false entry or falsely alters any entry made in any book of accounts kept by any corporation or in any book of accounts or pass-book kept by any such corporation or its officers and delivered or intended to be delivered to any firm or person dealing with such corporation by which any pecuniary obligation claim or credit is or purports to be discharged diminished increased created or in any manner affected, shall be guilty of a misdemeanour and shall be liable to imprisonment for a term of not more than five years.
No misdemeanour against any of the eight last preceding sections shall be prosecuted or tried at any court of general sessions of the peace.

Secret Commissions Prohibition.

For the purpose of this subdivision:-
- “Agent” includes any corporation or other person acting or having been acting or desirous or intending to act for or on behalf of any corporation or other person whether as agent partner co-owner clerk servant employee banker broker auctioneer architect clerk of works engineer barrister and solicitor surveyor buyer salesman foreman trustee executor administrator liquidator trustee in an insolvency or in liquidation or of a deed of arrangement as defined in the Insolvency Act 1915 receiver director manager or other officer or member of committee or governing body of any corporation club partnership or association or in any other capacity either alone or jointly with any other person and whether in his own name or in the name of his principal or otherwise and a person serving under the Crown.
- “Principal” includes a corporation or other person for or on behalf of whom the agent acted or is desirous or intending to act.
- “Trustee” includes trustee executor administrator liquidator trustee in an insolvency or of a deed of arrangement as defined in the Insolvency Act 1915 receiver director committee of the estate under the Lunacy Act 1915 person having power to appoint a trustee or person entitled to obtain probate of the will or letters of administration to the estate of a deceased person.
- “Valuable consideration” includes any money loan office place employment agreement to give employment benefit or advantage whatsoever and any commission or rebate deduction or percentage bonus or discount or any forbearance to demand any money or money’s worth or valuable thing and the acceptance of any of the said things shall be deemed the receipt of a valuable consideration.
- “Valuable consideration” when used in connexion with the offer thereof includes any offer of any agreement or promise to give and every holding out of any expectation of valuable consideration.
- “Valuable consideration” when used in connexion with the receipt thereof includes any acceptance of any agreement promise or offer to give any of any holding out of any expectation of valuable consideration.
- “Contract” includes contract of sale or of employment or any other contract whatever.
- “Solicit any valuable consideration” and “valuable consideration solicited” and words to the like effect shall be construed with the following directions, namely:- That every agent who diverts obstructs or interferes with the proper course of business or manufacture or impedes or obstructs or fails to use due diligence in the prosecution of any negotiation or business with the intent to obtain the gift of any valuable consideration from any person interested in the said negotiation or business or with intent to injure any such person shall be deemed to have solicited a valuable consideration from a person having business relations with the principal of such agent.
- “Person having business relations with the principal” includes every corporation or other person whether as principal or agent carrying on or having carried on or desirous or intending to carry on any negotiation or business with or engaged or having been engaged or desirous or intending to be engaged in the performance of any contract with or in the execution of any work or business for or in the supply of any goods or chattels to any principal and also includes any agent of such corporation or other person.
- “In relation to his principal’s affairs or business” implies the additional words “whether within the scope of his authority or course of his employment as agent or not”: and
- “Advice given” and words to the like effect include every report certificate statement and suggestion intended to influence the person to whom the same may be made or given and every influence exercised by one person over another.

Any act or thing prohibited by this subdivision is prohibited whether done directly or indirectly by the person mentioned or by or through any other person.

Whosoever being an agent corruptly receives or solicits from any person for himself or for any other person any valuable consideration:-
1. As an inducement or reward for or otherwise on account of doing or forbearing to do or having done or forborne to do any act in relation to his principal’s affairs or business; or
2. The receipt or any expectation of which would in any way tend to influence him to show or to forbear to show favour or disfavour to any person in relation to his principal’s affairs or business; or

Whosoever corruptly gives or offers to any agent any valuable consideration:-

As an inducement or reward for or otherwise on account of doing or forbearing to do or having done or forborne to do any act in relation to his principal’s affairs or business; or
The receipt or any expectation of which would in any way tend to influence him to show or to forbear to show favour or disfavour to any person in relation to his principal’s affairs or business:-

Shall be guilty of a misdemeanour, and shall:-

Be liable if a corporation to a penalty of not more than Five hundred pounds and if any other person to imprisonment for a term of not more than two years or to a penalty of not more than Five hundred pounds or to imprisonment and penalty as aforesaid; and
In addition be liable to be ordered to pay to such person and in such manner as the court directs the amount or value according to the estimation of the court of any valuable consideration received or given by him or any part thereof and such order shall be enforceable as a judgment of the court.

Any valuable consideration given or offered to any parent husband wife or child of any agent or to his partner clerk or employee or at the agent’s request to any person by any person having business relations with the principal of such agent shall be deemed to have been given or offered to the agent.

Any valuable consideration received or solicited by any parent husband wife or child of any agent or by his partner clerk or employee from any person having business relations with the principal of such agent shall be deemed to have been received or solicited by the agent, unless it is proved that the valuable consideration was so received or solicited without the consent knowledge or privity of the agent.

If with intent to deceive or defraud the principal any person gives to any agent or any agent receives or uses or gives to the principal any receipt invoice account or document in respect of which or in relation to a dealing transaction or matter in which the principal is interested and which:-
1. Contains any statement which he knows is false or erroneous or defective in any important particular or is in any way likely to mislead the principal; or
2. Omits to state explicitly and fully the fact of any commission percentage bonus discount rebate repayment gratuity or deduction having been made given or allowed or agreed to be made given or allowed:-

He shall be guilty of a misdemeanour, and shall:-

Be liable if a corporation to a penalty of not more than Five hundred pounds and if any other person to imprisonment for a term of not more than two years or to pay a penalty of not more than Five hundred pounds or to imprisonment and penalty as aforesaid; and
In addition be liable to be ordered to pay to such person and in such manner as the court directs the amount or value according to the estimation of the court of any valuable consideration received or given by him or any part thereof and such order shall be enforceable as a judgment of the court.

Whenever any advice is given by one person to another and such advice is in any way intended to induce or influence the person advised:-
1. To enter into a contract with any third person; or
2. To appoint or join with another in appointing or to vote for or to aid in obtaining the election or appointment or to authorize or join with another in authorizing the appointment of any third person as trustee;

And any valuable consideration is given by such third person to the person giving the advice without the assent of the person advised the gift or receipt of the valuable consideration shall be a misdemeanour, but this sub-section shall not apply when the person giving the advice was to the knowledge of the person advised the agent of such third person, or when the valuable consideration was not given in respect of such advice.

Any offer or solicitation of a valuable consideration in respect of any advice given or to be given by one person to another with a view to induce or influence the person advised:-

To enter into a contract with the person offering or solicited; or
To appoint or join with another in appointing or to vote for or to aid in obtaining the election or appointment or to authorize or join with another in authorizing the appointment of the person offering or solicited as trustee:-

And with the intent that the gift or receipt of such valuable consideration is not to be made known to the person advised shall be a misdemeanour, but this sub-section shall not apply when such first-mentioned person is the agent of the person offering or solicited.

Any person on conviction of a misdemeanour under any of the provisions of this section shall:-

Be liable is a corporation to a penalty of not more than Five hundred pounds and if any other person to imprisonment for a term of not more than two years or to pay a penalty of not more than Five hundred pounds or to imprisonment and penalty as aforesaid; and
In addition be liable to be ordered to pay such person and in such manner as the court directs the amount or value according to the estimation of the court of any valuable consideration received or given by him or any part thereof and such order shall be enforceable as a judgment of the court.

If any person offers or gives any valuable consideration to a trustee or if any trustee receives or solicits any valuable consideration for himself or for any other person without the assent of the persons beneficially entitled to the estate or of a judge of the Supreme Court as an inducement or reward for appointing or having appointed or for joining or having joined with another in appointing or for authorizing or having authorized or for joining or having joined with another in authorizing any person to be appointed in his stead or instead of him and any other person as a trustee he shall be guilty of a misdemeanour and shall:-
1. Be liable if a corporation to a penalty of not more than Five hundred pounds and if any other person to imprisonment for a term of not more than two years or to pay a penalty of not more than Five hundred pounds or to imprisonment and penalty as aforesaid; and
2. In addition be liable to be ordered to pay to such person and in such manner as the court directs the amount or value according to the estimation of the court of any valuable consideration received or given by him or any part thereof and such order shall be enforceable as a judgment of the court.
Any person who being within Victoria knowingly aids, abets, counsels, or procures, or who attempts or takes part in or is in any way privy to:-
1. Doing any act or thing in contravention of this subdivision;
2. Doing any act or thing outside Victoria, or partly within and partly outside Victoria, which if done within Victoria would be in contravention of this subdivision:-

Shall be guilty of a misdemeanour, and shall:-

Be liable if a corporation to a penalty of not more than Five hundred pounds and if any other person to imprisonment for a term of not more than two years or to pay a penalty of not more than Five hundred pounds or to imprisonment and penalty as aforesaid; and
In addition be liable to be ordered to pay to such person and in such manner as the court directs the amount or value according to the estimation of the court of any valuable consideration received or given by him or any part thereof and such order shall be enforceable as a judgment of the court.

Any director manager or officer of a company or any person acting for another who knowingly takes part in or is in any way privy to doing or who attempts to do any act or thing without authority which if authorized would be in contravention of any of the provisions of this subdivision shall be guilty of a misdemeanour, and shall:-
1. Be liable if a corporation to a penalty of not more than Five hundred pounds and if any other person to imprisonment for a term of not more than two years or to pay a penalty of not more than Five hundred pounds or to imprisonment and penalty as aforesaid; and
2. In addition be liable to be ordered to pay to such person and in such manner as the court directs the amount or value according to the estimation of the court of any valuable consideration received or given by him or any part thereof and such order shall be enforceable as a judgment of the court.
Upon the trial of a person for any offence under this subdivision if it appears to the court that the offence charged is in the particular case of a trifling or merely technical nature or that in the particular circumstances it is inexpedient to proceed to a conviction the court may in its discretion and for reasons stated on the application of the accused withdraw the case from the jury and this shall have the same force and effect as if the jury had returned a verdict of not guilty except that the court may if it thinks fit make the order mentioned in the last preceding section.
A person who is called as a witness in any proceedings shall not be excused from answering any question relating to any offence under this subdivision on the ground that the answer thereto may criminate or tend to criminate him:-

Provided that:-

A witness who in the judgment of the court or justices answers truly all questions which he is required by the court or justices to answer shall be entitled to receive a certificate from the court or justices stating that such witness has so answered; and
An answer by a person to a question put by or before the court or justices in any proceeding under this subdivision shall not except in the said proceeding or in the case of any criminal proceedings for perjury in respect of such evidence be in any proceeding civil or criminal admissible in evidence against him.

When a person has received a certificate as aforesaid and any criminal proceeding is at any time instituted against him in respect of the offence which was in question in the proceeding in which the said person was called as a witness the court or justices having cognizance of the case shall on proof of the certificate and of the identity of the offence in question in the two cases stay the proceedings.
In any prosecution under this subdivision it shall not amount to a defence to show that any such valuable consideration as is mentioned in this subdivision is customary in any trade or calling.
1. For the purposes of this subdivision where it is proved that any valuable consideration has been received or solicited by an agent from or given or offered to an agent by any person having business relations with the principal without the assent of the principal the burden of proving that such valuable consideration was not received solicited given or offered in contravention of any of the provisions of this subdivision shall be on the accused.
2. No prosecution of an offence under this subdivision shall be commenced after the expiration of two years next after the commission of the offence or six months next after the first discovery thereof by the principal or the person advised as the case may be whichever expiration first happens.
3. No prosecution for an offence under this subdivision shall be commenced without the consent of the Attorney-General.
4. Every information for any offence under this subdivision shall be upon oath.

Obtaining Money &c. by False Pretences.

Whosoever by any false pretences obtains from any other person any chattel money or valuable security with intent to defraud, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than five years.

Whosoever incurring any debt or liability obtains credit under false pretences or by means of other fraud, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than one year.

Whosoever by any false pretence causes or procures any money to be pain 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.
Whosoever with intent to defraud or injure any person by any false pretences fraudulently causes or induces any person to execute make accept indorse or destroy the whole or any part of any valuable security, or to write impress or affix any name or seal 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 shall be liable to imprisonment for a term of not more than five years.
Whosoever corruptly takes 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 which is by any felony or misdemeanour stolen taken obtained extorted embezzled converted or disposed of as in this Act before mentioned, shall (unless he has used all due diligence to cause the offender to be brought to justice for the same) be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever publicly advertises a reward for the return of any property which has been stolen or lost and in such advertisement uses any words purporting that no questions will be asked, or makes use of any words in any public advertisement purporting that a reward will be given or paid for any property which has been stolen or lost without seizing or making any inquiry after the person producing such property, or promises or offers in any such public advertisement to return to any pawnbroker or other person who has 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 prints or publishes any such advertisement, shall forfeit the sum of Fifty pounds for every such offence to any person who sues for the same by action to be recovered with full costs of suit.

DIVISION THREE – Malicious Injuries to Property.

Injuries by Fire to Buildings and Goods therein.

Whosoever unlawfully and maliciously sets fire to any church chapel meeting-house or other place of divine worship, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever unlawfully and maliciously sets fire to any dwelling-house any person being therein, shall be guilty of felony, and shall suffer death.
Whosoever unlawfully and maliciously sets fire to any house stable coach-house outhouse warehouse office shop mill malt-house hop-oast barn store-house 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 is then 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 a felony, and shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever unlawfully and maliciously sets 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 shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever unlawfully and maliciously sets fire to any building not hereinbefore in this Division mentioned belonging to the King or to the Government of Victoria or to the council or body corporate of any city town borough or shire 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 shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever unlawfully and maliciously sets fire to any building not hereinbefore mentioned in this Division mentioned, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than ten years.
Whosoever unlawfully and maliciously sets fire to any matter or thing in against or under any building, in such circumstances that if the building were thereby set on fire the offence would amount to felony, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than ten years.
Whosoever unlawfully and maliciously by any overt act attempts to set fire to any building or any matter or thing being such as in the last preceding section mentioned, in such circumstances that if the same were thereby set on fire the offender would be guilty of felony, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than ten years.

Injuries by Explosive Substances to Buildings and Goods therein.

Whosoever unlawfully and maliciously by the explosion of gunpowder or other explosive substance destroys throws down or damages the whole or any part of any dwelling-house any person being therein, or the whole or any part of any building whereby the life of any person is endangered, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever unlawfully and maliciously places or throws 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 any explosion takes place or not and whether any damage is caused or not) be guilty of felony, and shall be liable to imprisonment for a term of not more than ten years.

Injuries to Buildings &c. by Rioters.

Whosoever is one of any persons riotously tumultuously assembled together to the disturbance of the public peace who 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 King or the Government of Victoria or to the council or body corporate of any city town borough or shire 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 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 waggon-way tramway trunk or shoot for conveying minerals from any mine, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever is one of any persons riotously and tumultuously assembled together to the disturbance of the public peace who unlawfully and with force injure or damage any such place building or erection or thing as in the last preceding section mentioned, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than five years.

Injuries to Buildings by Tenants.

Whosoever being possessed of any building or part of any building held for any term of years or other less term or at will or held over after the termination of any tenancy unlawfully and maliciously pulls down or demolishes, or begins to pull down or demolish the same or any part thereof, or unlawfully and maliciously pulls down or severs from the freehold any fixture being in or to such building or part of such building, shall be guilty of a misdemeanour.

Injuries to Manufactures Machinery &c.

Whosoever unlawfully and maliciously cuts breaks or destroys or damages 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 frame work knitted piece stocking hose or lace being in the loom or frame or on any machine or engine or on the rack or tenters or in any stage process or progress of manufacture, or unlawfully and maliciously cuts breaks or destroys or damages with intent to destroy or to render useless any warp 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 unlawfully and maliciously cuts breaks or destroys or damages with intent to destroy or render useless any loom frame machine engine rack tackle tool or implement (whether fixed or movable) prepared for or employed in carding spinning throwing weaving fulling shearing or otherwise manufacturing or preparing any such goods articles or material or by force enters into any building or place with intent to commit any such offence, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever unlawfully and maliciously cuts breaks or destroys or damages with intent to destroy or to render useless any machine or engine (whether fixed or movable) 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 movable) prepared for or employed in any manufacture whatsoever (not included in the last preceding section) or by force enters into any building or place with intent to commit any such offence shall be guilty of felony, and shall be liable to imprisonment for a term of not more than five years.

Injuries to Corn Trees and Vegetable Productions.

Whosoever unlawfully and maliciously sets fire to any crop of hay grass corn grain or pulse or of any cultivated vegetable produce standing or cut down, or to any part of any wood coppice or plantation of trees, or to any grass heath gorse furze or fern wheresoever the same may be growing, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than five years.
Whosoever unlawfully and maliciously sets fire to any stack of corn grain pulse tares hay straw haulm stubble, or of any cultivated vegetable produce or of grass heath gorse furze fern turf peat coals charcoal wood or bark, or to any steer or stack of wood or bark, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever unlawfully and maliciously by any overt act attempts to set fire to any such matter or thing as in either of the two last preceding sections mentioned, under such circumstances that if the same were thereby set on fire the offender would be under either of such sections guilty of felony, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than five years.
Whosoever unlawfully and maliciously cuts or otherwise destroys any hopbinds growing on poles in any plantation of hops, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than ten years.
Whosoever unlawfully and maliciously destroys or damages 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 (if the amount of injury done exceeds the sum of One pound), shall be guilty of felony, and shall be liable to imprisonment for a term of not more than five years.
Whosoever unlawfully and maliciously destroys or damages 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 (if the amount of injury done exceeds the sum of Five pounds), shall be guilty of felony, and shall be liable to imprisonment for a term of not ore than five years.
Whosoever unlawfully and maliciously destroys or damages 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 be liable on conviction before a court of petty sessions to imprisonment for a term of not more than three months or to a penalty over and above the amount of injury done or not more than Five pounds.

And whosoever having been convicted of any such offence against either this or any former Act afterwards commits any of the offences in this section before mentioned, shall for such second offence be liable on conviction before a court of petty sessions to imprisonment for a term of not more than twelve months.

And whosoever having been twice convicted of any such offence afterwards commits any of the offences in this section before mentioned, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than five years.

Whosoever unlawfully and maliciously destroys or damages with intent to destroy any plant root fruit or vegetable production growing in any garden orchard nursery-ground hothouse greenhouse or conservatory, shall be liable on conviction before a court of petty sessions to imprisonment for a term of not more than six months, or to a penalty over and above the amount of the injury done or not more than Twenty pounds. And whosoever having been convicted of any such offence either against this or any former Act afterwards commit any of the said offences in this section before mentioned, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than five years.
Whosoever unlawfully and maliciously destroys or damages 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 nursery ground, shall be liable on conviction before a court of petty sessions to imprisonment for a term of not more than one month, or to a penalty over and above the amount of the injury done of not more than Twenty shillings and in default of payment thereof shall be imprisoned for a term of not more than one month unless payment is sooner made.

And whosoever having been convicted of any such offence either against this or any former Act afterwards commits any of the said offences in this section before mentioned shall be liable on conviction before a court of petty sessions to imprisonment for a term of not more than six months.

Injuries to Fences.

Whosoever unlawfully and maliciously cuts breaks throws down or in anywise destroys any fence of any description or any wall stile or gate or any part thereof respectively, shall on conviction thereof before a court of petty sessions for the first offence be liable to a penalty over and above the amount of the injury done of not more than Five pounds.

And whosoever having been convicted of any such offence either against this or any former Act afterwards commits any of the said offences in this section before mentioned, shall be liable to imprisonment for a term of not more than twelve months.

Provided that no claim of right or title shall oust the jurisdiction of the said court, but the said court may and shall inquire into the whole circumstances of the case, and may convict any person offending notwithstanding that such person claims to be or is in fact jointly interested with some other person in the property alleged to have been injured.

If any person is charged before any court of petty sessions with any offence against the last preceding section, and such court finds that the offence amounts to a felony within the meaning of the next succeeding section of this Act or to an attempt to commit such felony, it shall abstain from any adjudication, and shall direct the person so charged to be tried for the indictable offence.
Whosoever unlawfully and maliciously sets fire to any fence of any description, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than seven years.

Injuries to Mines.

Whosoever unlawfully and maliciously sets for to any mine of coal cannel coal anthracite or other mineral fuel, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever unlawfully and maliciously by any overt act attempts to set fire to any mine, under such circumstances that if the mine were thereby set on fire the offender would be guilty of felony, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than ten years.
Whosoever unlawfully and maliciously causes any water to be conveyed or run into any mine or into any subterraneous passage communicating therewith the intent thereby to destroy or damage such mine or to hinder or delay the working thereof, or with the like intent unlawfully and maliciously pulls down fills up or obstructs or damages 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 shall be liable to imprisonment for a term of not more than five years. This provision shall not extend 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.
Whosoever unlawfully and maliciously pulls down or destroys with intent to destroy or render useless any steam engine or other engine employed or about to be employed 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 therewith or any staith building or erection used in conducting the business of any mine, or any bridge waggon-way tramway trunk or shoot for conveying minerals from any mine (whether such engine staith building erection bridge waggon-way tramway trunk or shoot is completed or unfinished) or unlawfully and maliciously stops obstructs or hinders the working of any such engine appliance or apparatus with intent thereby to destroy or damage any mine or to hinder obstruct or delay the working thereof, or unlawfully and maliciously cuts severs breaks or unfastens or damages with intent to destroy or render useless any rope chain or tackle (of whatsoever material the same is made) used in any mine or in or upon any inclined place railway or other way, or other work whatsoever in anywise belonging to or appertaining to or connected with or employed in any mine or the working or business thereof, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than seven years.

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

Whosoever unlawfully and maliciously breaks down cuts down or otherwise damages or destroys 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 is or is in danger of being overflowed or damaged, or unlawfully and maliciously throws breaks or cuts down levels undermines or otherwise destroys any quay wharf jetty lock sluice floodgate weir tunnel towingpath drain watercourse or other work belonging to any port harbor dock or reservoir or on or belonging to any navigable river or canal, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever unlawfully and maliciously cuts off draws up or removes 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 unlawfully and maliciously opens or draws up any floodgate or sluice or does any other injury or mischief to any navigable river or canal with intent to obstruct or prevent the carrying on completing or maintaining the navigation thereof, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than five years.

Injuries to Ponds.

Whosoever unlawfully and maliciously cuts through breaks down or otherwise destroys to dam floodgate or sluice of any fishpond or of any water being private property or in which there is any private right of fishery with intent thereby to take or destroy any fish in such pond or water or so as to cause the loss or destruction of any fish, or unlawfully and maliciously puts any lime or other noxious material in any such pond or water with intent to destroy any fish then or that may thereafter be therein, or unlawfully and maliciously cuts through breaks down or otherwise destroys the dam or floodgate of any millpond reservoir or pool, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than five years.

Injuries to Bridges Viaducts and Toll Bars.

Whosoever unlawfully and maliciously pulls or throws down or in anywise destroys any bridge whether over any stream of water or not or any viaduct or adequate over or under which any highway railway or canal passes, or does any injury with intent 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 shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever unlawfully and maliciously throws down levels or otherwise destroys 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 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 milestone or milepost, shall be guilty of a misdemeanour.

Injuries to Railway Carriages and Telegraphs.

Whosoever unlawfully and maliciously puts places casts or throws upon or across any railway any wood stone or other matter or thing, or unlawfully and maliciously takes up removes or displaces any rail sleeper or other thing belonging to any railway, or unlawfully and maliciously turn moves or diverts any points or other machinery belonging to any railway, or unlawfully and maliciously makes or shows hides or removes any signal or light upon or near to any railway, or unlawfully and maliciously does or causes to be done any other matter or thing with intent in any such case to obstruct upset overthrow injure or destroy any engine tender carriage or truck on such railway, shall be guilty of felony, and shall be liable to imprisonment for a term or not more than ten years.
Whosoever by any unlawful act or by any wilful omission or neglect obstructs or causes to be obstructed any engine or carriage on any railway, or aids or assists therein, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than two years.
Whosoever unlawfully and maliciously cuts breaks throws down destroys injures or removes 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 unlawfully and maliciously prevents or obstructs in any manner whatsoever the sending conveyance or delivery of any communication by any such telegraph, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than two years.

Provided that if it appears to the justices on the examination of any person charged with any such offence that it is not expedient to the ends of justice that the same should be prosecuted as an indictable offence, they may summarily hear and determine the same; and the offender shall be liable to imprisonment for a term of not more than three months or to a penalty of not more than Ten pounds.

Whosoever unlawfully and maliciously by any overt act attempts to commit any of the offences in the last preceding section mentioned, shall be liable on conviction before a court of petty sessions to imprisonment for a term of not more than three months or to a penalty of not more than Ten pounds.

If any person is found offending against any of the provisions of this or of the last preceding section, any other person may with or without warrant apprehend him and may take him or deliver him to some member of the police force to be taken before some justices to be dealt with according to law.

Injuries to Works of Art.

Whosoever unlawfully and maliciously destroys or damages any book manuscript picture print statue bust or vase or any other article or thing kept for the purpose of art science or literature or as an object of curiosity in any museum gallery cabinet library or other repository habitually or from time to time open for the admission of the public or of any considerable number of persons to view the same whether gratuitously or by the payment of money, or any picture statue monument or other memorial of the dead painted glass or other ornament or work of art in any church chapel meeting house or other place of divine worship or in any building belonging to the King or to the Government of Victoria or to the council or body corporate of any city town borough or shire or to any university or in any street square churchyard cemetery burial-ground public garden or ground, or any statute or monument exposed to public view, or any ornament railing or fence surrounding the same, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than two years.

Nothing herein contained shall affect the right of any person to recover by action at law damages for the injury so committed.

Injuries to Cattle and other Animals.

Whosoever unlawfully and maliciously kills maims or wounds any animals being cattle within the meaning of the Second Division of this Part shall be guilty of felony, and shall be liable to imprisonment for the term of not more than ten years.
Whosoever unlawfully and maliciously kills maims or wounds any dog bird beast or 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 of for any domestic purpose, shall be liable on conviction before a court of petty sessions to imprisonment for a term of not more than six months or to a penalty of over and above the amount of injury done of not more than Twenty pounds.

And whosoever having been convicted of any such offence afterwards commits any of the offences in this section mentioned, shall be liable on conviction before a court of petty sessions to imprisonment for a term of not more than twelve months.

Injuries to Ships.

Whosoever unlawfully and maliciously sets fire to casts away or in anywise destroys any ship or vessel, whether complete or unfinished, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever unlawfully and maliciously sets fire to or casts away or in anywise destroys any ship or vessel with intent to prejudice any owner or part owner of such ship or vessel or of any goods on board the same or any person who has underwritten or underwrites any policy of insurance upon such ship of vessel or on the freight thereof or upon any goods on board the same, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever unlawfully and maliciously by any overt act attempts to set fire to cast away or 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 shall be liable to imprisonment for a term of not more than ten years.
Whosoever unlawfully and maliciously places or throws in into upon against or near any ship or vessel any gunpowder or other explosive substance, with intent to destroy or damage such ship or vessel or any machinery working tools goods or chattels, shall (whether or not any explosion takes place and whether or not any injury is done) be guilty of felony, and shall be liable to imprisonment for a term of not more than ten years.
Whosoever unlawfully and maliciously damages otherwise than by fire gunpowder or other explosive substance any ship or vessel whether complete or unfinished with intent to destroy the same or render the same useless, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than five years.
Whosoever unlawfully masks alters or removes any light or signal or exhibits any false light or signal with intent to bring any ship vessel or boat into danger, or unlawfully and maliciously does 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 shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever unlawfully and maliciously cuts away casts adrift removes alters defaces sinks or destroys or in any other manner injures or conceals, or unlawfully and maliciously does any act with intent to cut away cast adrift remove alter deface sink destroy, or in any other manner 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 shall be liable to imprisonment for a term of not more than five years.
Whosoever unlawfully and maliciously destroys any part of any ship or vessel in destress 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 shall be liable to imprisonment for a term of not more than ten years.

Letters threatening to burn or destroy.

Whosoever sends delivers or utters or directly or indirectly causes 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 shall be liable to imprisonment for a term of not more than fifteen years.

Injuries not before provided for.

Whosoever unlawfully and maliciously commits any damage injury or spoil to or upon any real or personal property 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 shall be liable to imprisonment for a term of not more than two years: and where any such offence is committed in the night shall be liable to imprisonment for a term of not more than five years. For the purpose of this section the expression “the night” shall have meaning assigned to in section sixty-eight.

Making Gunpowder for committing Offences.

Whosoever makes or knowingly has 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 person to commit any of the felonies this Division mentioned, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than two years.

Supplementary Provisions.

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

DIVISION FOUR – Forgery ETC.

Forging His Majesty’s Seals and other Seals.

Whenever in this Division any document is referred to by any name or designation such reference shall be deemed to include any document purporting to be a document of such name or designation

“Forge” includes counterfeit,

“Utters” includes utters offers disposes or puts off.

Whosoever forges or utters knowing the same to be forged, any of His Majesty’s seals, or the seal of Victoria, or forges the stamp or impression of any of the seals aforesaid, or utters any document or instrument having thereon or affixed thereto the stamp or impression of any such forged seal knowing the same to be the stamp or impression of such forged seal, or any forged stamp or impression made or apparently intended to resemble the stamp or impression of any such seal knowing the same to be forged, or forges or alters or utters 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 shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever forges or fraudulently alters any document bearing or purporting to bear the signature of the Governor, or of any of His Majesty’s Principal or Under Secretaries of State, or the responsible Ministers of the Crown in Victoria or utters any such forged or fraudulently altered document as aforesaid knowing the same to be so forged or altered, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than ten years.

Forging Municipal Seals and Petitions.

Whosoever forges or utters knowing the same to be forged the common seal of any municipality including the city of Melbourne and the city of Geelong, or forges the stamp or impression of any such seal, or utters any document or instrument having thereon any forged stamp or impression of any such seal knowing the same to be forged or forges or alters or utters 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 shall be liable to imprisonment for a term of not more than ten years.
Whosoever forges or utters knowing the same to be forged any petition or representation in writing purporting to be under the provisions or relating to the administration of the Local Government Act 1915, or any signature to any such petition or representation, shall be guilty of misdemeanour, and shall be liable to imprisonment for a term of not more than five years.

Forging Transfers of Stocks &c.

Whosoever forges or alters or utters knowing the same to be forged or altered any transfer of any share or interest of or in the capital or stock of any body corporate company or society established by charter or by or under any Act, or forges or alters or offers utters disposes of or puts off knowing the same to be forged or altered any power of attorney or other authority to transfer any share or interest of or in any such capital or stock or to receive any dividend or money payable in respect of any such share or interest, or demands or endeavours 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 such case to defraud, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever falsely and deceitfully personates any owner of any share or interest of or in the capital or stock of any body corporate company or society established by charter or by or under any Act or any owner of any dividend or money payable in respect of any such share or interest and thereby transfer or endeavours to transfer any share or interest belonging to any such owner or thereby receives or endeavours to receive any money due to any such owner as if such offender was the true owner, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever forges 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 or stock as is in either of the two last preceding sections mentioned or to receive any dividend or money payable in respect of any such share or interest or offers utters disposes of or puts 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 shall be liable to imprisonment for a term of not more than five years.

Forging Victorian Treasury Documents.

Whosoever knowingly and wilfully forges or causes or procures to be forged or knowingly and wilfully acts or assists in forging the name initials mark or handwriting of any other person to any writing whatsoever for in order to the receiving or obtaining any part of the consolidated revenue or any money out of the public account or any stores belonging to His Majesty, or forges or causes or procures to be forged or knowingly or wilfully acts or assists in the forging any writing made by any such person as aforesaid, or utters or publishes any such writing knowing the same to be forged with an intention to defraud His Majesty or any person whomsoever, shall be guilty of felony, and shall be liable to imprisonment for a term of not less than seven nor more than fifteen years.

Forging Stamps of the United Kingdom &c.

Whosoever forges any stamp or die or any part of any stamp or die provided made used under the authority of any Act of the Parliament of Great Britain and Ireland now or hereafter in force for expressing or noting any stamp duty, or forges the impression or any part of the impression of any such stamp or die upon any material, or knowingly stamps or marks any material with such forged stamp or die or any part of such stamp or die with intent to defraud His Majesty, or offers utters disposes of or puts off or *** exposes for sale any material having thereupon the impression of any such forged stamp or die or part of any stamp or die or any such forged impression or part of impression as aforesaid knowing the same respectively to be forged, and whosoever knowingly and without lawful excuse has in his possession any forged 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 knowingly and without lawful excuse has in his possession any material 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 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 fraudulently uses joins fixes or places for with or upon any material any mark or impression which has been obtained or removed from any other material, or fraudulently erases cuts scrapes discharges or get out of or from any material 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 material 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 knowingly uses utters sells or exposes to sale, or knowingly and without lawful excuse has in his possession any material stamped respectively under any such Act from or off or out of which any such name sum date or other matter or thing as aforesaid has been fraudulently cut or obtained, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.

Forging Bank Notes, Making Plates &c. for Bank Notes &c.

In this Subdivision unless inconsistent with the context or subject-matter:-
- “Bank note” includes any bank note bank bill of exchange or bank post bill and any blank bank note blank bill of exchange or blank bank post bill and any document commonly called by any of the names aforesaid and any document purporting to be a bank note as hereinbefore defined and whether or not stamped as provided by any law in force in Victoria or elsewhere.
- “Banker” includes any body corporate company society firm or person carrying on whether within Victoria or Australia or elsewhere within the dominions of His Majesty the business of banking and without limiting the generality of the foregoing definitions includes the Governor and Company of the Bank of England the Governor and Company of the Bank of Ireland.
- “Distinctive device” includes any distinctive word figure number device character ornament watermark or any distinctive arrangement of lines words or marks or any distinctive groundwork or texture or any distinctive combination of any of the matters or things before mentioned.
- “Paper” includes paper and other material used for documents.
Whosoever forges or alters or knowing the same is forged or altered utters any bank note or any indorsement on or assignment of any bank note, with intent to defraud, shall be guilty of felony, and shall be liable to imprisonment for a term of not mote than fifteen years.
Whosoever without lawful authority or excuse purchases or receives from any other person, or has in his custody or possession, any forged bank note knowing the same to be forged, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than ten years.
Whosoever without lawful authority or excuse:-
1. Makes or uses or knowingly has in his custody or possession any frame mould or instrument for the making of paper with the name style or firm or any substantial part of the name style or firm of any banker or with any distinctive devise or any substantial part of the distinctive device of any banker appearing visible in the substance of the paper; or
2. Causes by any act or contrivance such name style or firm or any substantial part thereof or any such distinctive device or any substantial part thereof, to appear visible in the substance of any paper; or
3. Makes uses sells or utters or knowingly has in his custody or possession any paper in the substance of which such name style or firm or any substantial part thereof or such distinctive device or any substantial part thereof appears visible;

Shall be guilty of felony, and shall be liable to imprisonment for a term of not more than ten years.

Whosoever without lawful authority or excuse:-
1. Engraves or in anywise makes upon any plate whatsoever or upon any wood stone or other material any wood figure number device character or ornament the impression taken from which resembles or is apparently intended to resemble any bank note or any part of the bank note of any banker; or
2. Uses or knowingly has in his custody or possession any such plate wood stone or other material or any other instrument or means for the impressing or making upon any paper or other material any such word figure number device character or ornament; or
3. Knowingly utters or has in his custody or possession any paper or other material upon which there is an impression of any such matters as aforesaid;

Shall be guilty of felony, and shall be liable to imprisonment for a term of not more than ten years.

Whosoever without lawful authority or excuse engraves or makes upon any material any bill of exchange promissory note under-taking or order for payment of money, or any part of any such instrument, in whatsoever language the same is expressed and whether the same is or is not under seal or intended to be under seal purporting to by the bill note undertaking or order or part of the bill note under-taking or order of any foreign prince or state or any body corporate or body of the like nature constituted or recognised by any foreign prince or state or of any person or company of persons resident in any country not under the dominion of His Majesty, or uses or knowingly has in his custody or possession any material upon which any such foreign bill note undertaking or order or any part thereof is engraved or made, or knowingly offers utters disposes of or puts off or has in his custody or possession any paper upon which any part of any such instrument is made or printed, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than ten years.

Forging Deeds Wills Bills of Exchange &c.

Whosoever with intent to defraud forges or alters or offers utters disposes of or puts off knowing the same is forged or altered any deed or any bond or writing obligatory or any assignment thereof or any lease issued under any Act relating to the gold-fields, or forges 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 offers utters disposes of or puts off any deed bond or writing obligatory or any such lease as aforesaid having thereon any such forged name handwriting or signature knowing the same is forged, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever with intent to defraud forges or alters or offers utters disposes of or puts off knowing the same is forged or altered any will testament codicil or testamentary instrument, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever with intent to defraud forges or alters or offers utters disposes of or puts off knowing the same is forged or altered, any bill of exchange or any acceptance indorsement or assignment thereof or any promissory note for the payment of money or any indorsement or assignment thereof, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever with intent to defraud forges or alters or utters, knowing the same is 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 or 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 or for any note bill or other security for the payment of money or any indorsement on or assignment of any such accountable receipt, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever with intent to defraud draws makes signs accepts or indorses 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, or utters any such bill note undertaking warrant order authority or request so drawn made signed accepted or indorsed by procuration or otherwise as aforesaid knowing the same was so drawn made signed accepted or indorsed as aforesaid, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than ten years.
Whosoever forges or fraudulently alters or utters knowing the same was forged or fraudulently altered, any debenture issued or purporting to be issued under any lawful authority whatsoever either within His Majesty’s dominions or elsewhere, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than ten years.

Forging Records Process Instruments of Evidence &.

Whosoever forges or fraudulently alters or offers utters disposes of or puts off knowing the same is forged or fraudulently altered any record writ return panel process notice bill petition answer pleading rule order decree report warrant interrogatory deposition affidavit affirmation recognisance 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 shall be liable to imprisonment for a term of not more than five years.
Whosoever being the officer having the custody of the records of any court utters any false copy or certificate of any record knowing the same to be false, and whosoever not being such officer signs or certifies any copy or certificate of any record as such officer, and whosoever forges or fraudulently alters or offers utters disposes of or puts off knowing the same is forged or fraudulently altered any copy or certificate of any record, or offers, utters disposes of or puts off any copy or certificate of any record having thereon any false or forged name handwriting or signature knowing the same is false or forged, and whosoever forges the seal of any court of record, or forges or fraudulently alters any process of any court other than such courts as in the last preceding section mentioned, or serves or enforces any forged process of any court knowing the same is forged, or delivers or causes to be delivered to any person any paper falsely purporting to be any such process or a copy thereof or to be a judgment decree or order of the Supreme Court or any court of record or a copy thereof knowing the same to be false, or acts or professes to act under any such false process knowing the same is false, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than five years.
Whosoever forges or fraudulently alters or offers utters disposes of or puts off knowing the same is forged or fraudulently altered, any instrument whether written or printed or partly written and partly printed which is made evidence by any Act the forging or uttering of which is not herein otherwise punishable, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than five years.

Forging Registers of Deeds &c.

Whosoever forges or fraudulently alters or offers utters disposes of or puts off knowing the same is forged or fraudulently altered, any memorial receipt affidavit affirmation attestation entry certificate indorsement document or writing made or issued or purporting so to be under the provisions of any Act passed or hereafter to be passed for or relating to the registry of deeds or other instruments, or forges 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 forges 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 is required or directed to be signed by or by virtue of any Act passed or to be passed or offers utters disposes of or puts 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 such forged name handwriting or signature knowing the same is forged, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever forges or fraudulently alters or offers utters disposes of or puts off knowing the same is 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 or estates or other interests in land, or forges the seal of or belonging to any officer appointed by or under any such Act for the purposes thereof or any stamp or impression of such seal, or forges any name handwriting or signature purporting to be the name handwriting or signature of any person to any instrument document or writing or offers utters disposes of or puts off any instrument document or writing which is required or authorized to be signed by or by virtue of any such Act 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 shall be liable to imprisonment for a term of not more than fifteen years.

Forging Orders &c. of Courts or Petty Sessions or of Justices.

Whosoever with intent to defraud forges or alters, or offers utters or disposes of or puts off knowing the same to be forged or altered, any summons conviction order or warrant of any court of petty sessions or justice or any recognisance purporting to have been entered into before any court or petty sessions justice or other officer authorized to take the same, or any examination deposition affidavit affirmation or solemn declaration taken or made before any court of petty sessions or justice or other officer authorised to take the same, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than three years.

Forging Names &c. of Officers of Courts &c.

Whosoever with intent to defraud forges or alters, or offers or utters disposes of or puts off knowing the same is forged or altered, any document instrument or writing made or purporting or appearing to be made by the Master-in-Equity, a judge chairman or officer of any court of record, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than ten years.

Falsely acknowledging Recognisances &c.

Whosoever without lawful authority or excuse in the name of any other person acknowledges any recognisance or bail or any cognovit actionem or judgment or any deed or other instrument before any court or person lawfully authorized in that behalf, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.

Forging Marriage Licences &c.

Whosoever forges or fraudulently alters any licence 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 of marriage, or offers utters disposes of or puts off any such licence consent certificate or writing knowing the same is forged or fraudulently altered, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever knowingly and unlawfully transmits to any minister government statist registrar or other officer appointed under any Act relating to marriages or the registration thereof any certificate or writing being or purporting to be a certificate containing any false statement, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than five years.

Falsifying Entries of Births Deaths and Marriages &c.

Whosoever unlawfully destroys defaces or injures or causes or permits to be destroyed defaced or injured any register of births baptisms marriages deaths or burials now or hereafter by law 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 forges or fraudulently alters in any such register or certified copy any entry relating to any birth baptism marriage death or burial or any part thereof, or knowingly and unlawfully inserts or causes or permits to be inserted in any such register or certified copy any false entry of any matter relating to any birth baptism marriage death or burial, or knowingly and unlawfully gives any false certificate relating to any birth baptism marriage death or burial, or certifies any writing to be a copy or extract from any such register knowing such writing or any part thereof is false in any material particular, or forges the seal of or belonging to the office of the government statist or of any registrar, or offers utters disposes of or put off any such register entry certified copy certificate or seal knowing the same is false forged or altered, or offers utters disposes of or puts off any copy of any entry in any such register knowing such entry to be false forged altered, shall be guilty of felony, and shall be liable to imprisonment for a term or not more than five years.

Demanding property on Forged Instruments.

Whosoever with intent to defraud demands or obtains or causes to be delivered or paid to any person or endeavours to obtain or to cause to be delivered or paid to any person any property upon or by virtue of any forged or altered instrument whatsoever knowing the same is forged or altered, or 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 or administration was or were obtained was forged or altered or knowing such probate or letters of administration was or were obtained by any false oath affirmation or affidavit, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than ten years.

Supplementary Provisions.

Where by this Act or by any other Act and person is made liable to punishment for forging or altering or for offering uttering disposing of or putting off knowing the same were forged or altered any instrument or writing designated in such Act by any special name od description and such instrument or writing however designated is 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 an undertaking warrant order authority or request for the payment of money or an indorsement on or assignment of an undertaking warrant order or authority or request for the payment of money within the true intent and meaning of this Division, in every such case the person forging or altering such instrument or writing of offering uttering disposing of or putting off such instrument or writing knowing the same was forged altered may be informed against as an offender against this Act, and punished accordingly.
Where the forging or altering any writing or matter of the offering uttering disposing of or putting off any writing or matter knowing the same was forged or altered is in this Act expressed to be an offence, if any person in Victoria forges or alters or offers utters disposes of or puts off knowing the same is forged or altered any such writing or matter, in whatsoever place or country out of Victoria whether under the dominion of His Majesty or not such writing or matter purports to be made or may have been made and in whatever language the same or any part thereof is 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 in the same manner as if the writing or matter purported to be made or had been made in Victoria. And if any person in Victoria forges or alters or offers utters disposes of or puts off knowing the same is 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 obligations for the payment of money (whether such deed bond or writing obligatory is 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 suck undertaking warrant order authority request deed bond or writing obligatory, in whatsoever place or country out of Victoria whether under the dominion of His Majesty or not the money payable or secured by suck bill note undertaking warrant order authority request deed bond or writing obligatory is or purports to be payable for the goods or security transferrable or deliverable under such undertaking warrant order authority or request is or purports to be so transferrable or deliverable, and in whatever language the said writings or instrument respectively or any part thereof is or are expressed, and whether such bill note undertaking warrant authority or request is or is 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 in the same manner as if the money had been payable or had purported to be payable in Victoria.
Where the having any matter in the custody or possession of any person is in this Division expressed to be an offence, if any person has any such matter in his personal custody or possession or knowingly and wilfully has any such matter in the actual custody or possession of any other person, or knowingly and wilfully has 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 is so had for his own use or for the use or benefit of another, every such person shall be deemed and taken to have such matter in his custody or possession within the meaning of this Division.
Unless otherwise expressly provided for by some Act of the Legislature of Victoria whosoever forges or utters any instrument or matter the forging or uttering of which was a capital offence shall not suffer death but shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.

DIVISION FIVE – Coinage Offences.

For the purpose of this Division the expression “the King’s gold or silver coin” includes any gold or silver coin coined in any of His Majesty’s mints or lawfully current by virtue of any Act or proclamation or otherwise in any part of His Majesty’s dominions. The expression “the King’s cooper coin” includes any copper coin or coin of bronze or mixed metal so coined or lawfully current as aforesaid. Any expression referring to counterfeit coin “resembling or apparently intended to resemble any of the King’s gold or silver coin” includes any of the current coin 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 King’s current coin of a higher denomination. The expression “the King’s current coin” includes any coin so coined or lawfully current as aforesaid and whether made of gold silver copper or bronze or mixed metal. In any case in which having any matter in the custody or possession of any person is mentioned in this Division, it includes not only the having of it by himself in his personal custody 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 other building lodging apartment field or other place open or enclosed whether belonging to or occupied by himself or not and whether such matter is so had for his use or benefit or for that of any other person.
Whosoever unlawfully makes or counterfeits any coin resembling or apparently intended to resemble any of the King’s gold or silver coin, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever gilds or silvers any coin resembling or apparently intended to resemble any of the King’s gold or silver coin, or gilds or silvers any piece of silver or copper or of coarse gold or coarse silver or of any metal or mixture of metals respectively being of fit size and figure to be copied with intent that the same shall be coined into counterfeit coin resembling or apparently intended to resemble or pass for any of the King’s gold or silver coin, or gilds any of the King’s silver coin, of files or in any manner alters such coin with intent to make the same resemble or pass for any of the King’s gold coin, or gilds or silvers any of the King’s copper coin, or files or in any manner alters such coin with intent to make the same resemble or pass for any of the King’s gold or silver coin, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.

For the purpose of this section the expressions “gilds or silvers” including the washing casing over or colouring of any coin or any such piece of silver or copper or coarse gold or silver, or metal or mixtures of metals as therein mentioned, with any wash or material capable of producing the colour or appearance of gold or of silver or by any other means whatsoever.

Whosoever impairs diminishes or lightens any of the King’s gold silver coin, with intent that the coin so dealt with may nevertheless pass for the King’s gold or silver coin, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than ten years.
Whosoever unlawfully has in his custody or possession any filings or clippings or any gold silver bullion or any gold or silver in in dust solution or otherwise obtained by impairing diminishing or lightening any of the King’s gold or silver coin knowing the same has been so obtained, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than five years.
Whosoever without lawful authority or excuse buys sells receives pays or puts off, or offers to buy sell receive pay or put off any counterfeit coin resembling or apparently intended to resemble or pass for any of the King’s gold or silver at a lower rate or value than the same imports or is apparently intended to import, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever without the lawful authority or excuse import or receives into Victoria any counterfeit coin resembling or apparently intended to resemble or pass for any of the King’s gold or silver coin knowing the same is counterfeit, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years

And whosoever without lawful authority or excuse exports or puts on board any vessel for the purpose of exportation from Victoria any such counterfeit coin or silver coin knowing the same is counterfeit shall be guilty of a misdemeanour and shall be liable to imprisonment for a term of not more than two years.

Whosoever tenders utters or puts off any counterfeit coin resembling or apparently intended to resemble or pass for any of the King’s gold or silver coin knowing the same is counterfeit, shall be guilty of a misdemeanour and shall be liable to imprisonment for a term of not more than one year.
Whosoever tenders utters or puts off any counterfeit coin resembling or apparently intended to resemble or pass for any of the King’s gold or silver coin knowing the same is counterfeit, and at the time of such tendering uttering or putting off has in his custody or possession besides the coin so tendered uttered or put off any other piece of counterfeit coin or either on the day of such tendering uttering or putting off or within ten days then next ensuing tenders utters or puts off any other counterfeit coin knowing the same is false of counterfeit, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than two years.
Whosoever has in his custody or possession three or more pieces of counterfeit coin resembling or apparently intended to resemble or pass for any of the King’s gold or silver coin knowing the same is counterfeit with intent to utter or put off the same or any of them, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than three years.
Whosoever having been convicted of any such misdemeanour as in any of the last three preceding section mentioned or of any felony against this or any former Act relating to the coin, afterwards commits any of the misdemeanours in any of the said sections mentioned, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.
Whosoever with intent to defraud tenders utters or put off as or for any of the King’s gold or silver coin or metal or piece of metal or mixed metals resembling the King’s current coin for which the same is so tendered uttered or put off, and not being such current coin, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than one year
Whosoever unlawfully makes or counterfeits any coin resembling or apparently intended to resemble or pass for any of the King’s copper coin and whosoever without lawful authority or excuse knowingly makes or mends or begins or proceeds to make mend or buys or sells or has in his custody or possession any instrument tool or engine intended to be used in counterfeiting any of the King’s copper coin, or buys sells receives pays or puts off or offers to buy sell receive pay or put off any counterfeit coin resembling or apparently intended to resemble or pass for any of the King’s copper coin at or for a lower rate or value than the same imports or is apparently intended to import, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than five years.
Whosoever tenders utters or puts off any counterfeit coin resembling or apparently intended to resemble or pass for any of the King’s copper coin knowing the same is counterfeit, or has in his custody or possession three or more pieces of counterfeit coin resembling or apparently intended to resemble or pass for any of the King’s copper coin knowing the same are false or counterfeit with intent to utter or put odd the same or any of them, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than one year.
Whosoever defaces any of the King’s gold or silver coin or the King’s copper coin by stamping thereon any name or word, whether such coin in thereby diminished or lightened or not, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than one year.
No tender of payment in money made in any gold silver or copper coin so defaced by stamping as in the last preceding section mentioned shall be allowed to be a legal tender; and whosoever tenders utters or puts off any coin so defaced shall be liable on conviction before a court of petty sessions to a penalty of not more than Forty shillings. It shall not be lawful for any person to proceed for any such last-mentioned penalty without the consent of a law officer.
Whosoever unlawfully makes or counterfeits any kind of coin not being the King’s gold or silver coin but resembling or apparently intended to resemble or pass for the gold or silver coin of any foreign prince state or country, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than five years.
Whosoever without lawful authority or excuse brings or receives into Victoria any such counterfeit coin resembling or apparently intended to resemble or pass for the gold or silver coin any foreign prince state or country, knowing the same to be counterfeit, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than five years.
Whosoever tenders utters or puts off any such counterfeit coin resembling or apparently intended to resemble or pass for the gold or silver coin of any foreign prince state or country, knowing the same is counterfeit, shall be guilty of a misdemeanour and shall be liable to imprisonment for a term of not more than six months.
Whosoever having been so convicted as in the last preceding section mentioned afterwards commits the like offence of tendering uttering or putting off any such counterfeit coin as aforesaid, knowing the same is counterfeit, shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than two years.

And whosever having been so convicted of a second offence afterwards commits the like offence of tendering uttering or putting off any such counterfeit coin as aforesaid, knowing the same is counterfeit, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.

Whosoever unlawfully makes or counterfeits any kind of coin not being the King’s current coin but resembling or apparently intended to resemble or pass for any coin of any foreign prince state or country made of copper or 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 shall be liable for the first offence to imprisonment for a term of not more than one year; and for the second offence to imprisonment for a term of not more than five years.
Whosoever without lawful authority or excuse has in his custody or possession any greater number of pieces than five pieces of counterfeit coin resembling or apparently intended to resemble or pass for the gold or silver coin o any foreign prince state or country or any such copper or other coin as in the last preceding section mentioned, shall forfeit and lose all such false and counterfeit coin, which shall be cut in pieces and destroyed; and shall for every such offence be liable on conviction before a court of petty sessions to a penalty of not more than Forty shillings nor less than Ten shillings for every such piece of false and counterfeit coin found in his custody or possession. And in case any such penalty is not forthwith paid the court of petty sessions may commit the person who has been adjudged to pay the same to be imprisoned for a term of three months unless payment is sooner made.
Whosoever without lawful authority or excuse knowingly makes or mends or begins or proceeds to make or mend or buys or sells or has in his custody or possession any puncheon counter puncheon matrix stamp die pattern or mould in or upon which there is impressed or which will impress either wholly or in part the figure stamp or apparent resemblance of both or either of the sides of any of the King’s gold or silver coin or of any foreign coin or any part thereof or makes or mends or begins or proceeds to make or mend or buys or sells or has in his custody or possession any edger edging or other tool collar instrument or engine intended for making coin round the edges with letters graining’s or other marks or figures apparently resembling those on the edges of any such coin as aforesaid knowing the same is so intended, or makes or mends or begins or proceeds to make or mend or buys or sells or has in his custody or possession any press for coinage or any engine for cutting by force of a screw or 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 such engine or machine to be used or intended for the counterfeiting of any such coin, shall be guilty of felony, and shall be liable to imprisonment for a term of not more than fifteen years.
Every offence of unlawfully making or counterfeiting any coin or of having selling receiving paying tendering uttering or putting off or offering to buy sell receive pay utter or put off any false or counterfeit coin against the provisions of this Division 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 in a fit state to be uttered or the counterfeiting thereof is not finished or perfected.

DIVISION SIX – Perjury.

Whosoever commits wilful and corrupt perjury or subornation of perjury shall be liable to imprisonment for a term of not more than fifteen years.
Where by or under any Act it is required to authorize 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, who in any such case takes or makes any oath affirmation or declaration so required or authorized and who knowingly wilfully and corruptly upon such oath affirmation or declaration deposes swears to or makes any false statement as to any such fact matter or thing, and any person who knowingly wilfully and corruptly upon oath deposes to the truth of any statement for so verifying assuring or ascertaining any such fact matter or thing or purporting so to do, or who knowingly wilfully and corruptly takes makes signs or subscribes any such affirmation declaration or affidavit as to any such fact matter or thing, such statement affirmation declaration or affidavit being untrue wholly or in part, or who knowingly wilfully and corruptly omits from any such affirmation declaration or affidavit made or sworn under the provisions of any law any matter which by the provisions of such law is required to be stated in such affirmation declaration or affidavit, shall be deemed guilty of wilful and corrupt perjury. 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 provision is made by any Act.
All evidence and proof whatsoever, whether given or made orally or by or in any affidavit examination declaration 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 perjury or subornation of perjury.

DIVISION SEVEN – Subsequent and Other Felonies.

Whosoever is 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 convictions to imprisonment for a term of not more than fifteen years.
Whosoever is convicted of any felony which by any law now in force other than this Act is punishable with death shall be liable to imprisonment for a term of not more than fifteen years; and whosoever is 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 is convicted of any felony under such Statute or Act for which no punishment had been or is specially provided shall be deemed to be punishable under this section and shall be liable to imprisonment for a term of not more than five years.

PART TWO – OFFENDERS.

DIVISION 1 – Principals in the Second Degree Accessories Receivers and Abettors.

Principals in the Second Degree.

Every principal in the second degree in any felony whether the same be a felony at common law or under any Act shall be liable to the same punishment as the principal in the first degree.

Accessories.

Every accessory before the fact to any felony whether the same is a felony at common law or under any Act may be presented indicted informed against tried convicted and punished in all respects as if he was a principal felon.
Every accessory after the fact to any felony whether the same is a felony at common law or under any Act may be presented indicted informed against an convicted either as an accessory after the fact to the principal felony together with the principal felon of after the conviction of the principal felon, or may be presented indicted informed against and convicted of a substantive felony whether the principal felon has or has not been previously convicted or is or is not 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 me be punished.
Every accessory after the fact to murder shall be liable to imprisonment for a term of not more than fifteen years.
Every accessory after the fact to any felony (except where it is otherwise specially enacted) whether a felony at common law or under any Act shall be liable to imprisonment for a term of not more than two years.
No person who has been once duly tried either as an accessory before or after the fact or for a substantive felony shall be liable to be afterwards prosecuted for the same offence.

Receivers.

For the purpose of the three next succeeding sections “stealing” includes the taking extorting obtaining embezzling of otherwise disposing of the property in question, and “stolen” has a corresponding meaning.
Whosoever receives any property the stealing whereof amounts to a felony either at common law or by virtue of Division two of Part One, of this Act knowing the same was stolen shall be guilty of felony; and may be presented indicted informed against and convicted either as an accessory after the fact or for a substantive felony; and in the latter case whether the principal felon has been previously convicted or not or is amendable to justice or not; and every such receiver howsoever convicted shall be liable to imprisonment for a term of not more than ten years.
Whosoever receives any property the stealing whereof is a misdemeanour by Division two Part One, of this Act knowing the same was stolen, shall be guilty of misdemeanour, and may be presented indicted informed against and convicted thereof, whether the person guilty of the principal misdemeanour has been previously convicted or not or is amenable to justice or not; and every such receiver shall be liable to imprisonment for a term of not more than three years.
Where the stealing of any property id by Division two of Part One 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 receives any such property knowing the same was unlawfully come by shall 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 is liable.

Abettors in Misdemeanours.

Whosoever aids abets counsels or procures the commission of any misdemeanour whether the same is a misdemeanour at common law or by virtue of any Act may be tried presented indicted informed against and punished as a principal offender.

Abettors in Offenders punishable summarily.

Whosoever aids abets counsels or procures 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 shall be liable for every first second or subsequent offence of aiding abetting counselling or procuring to the same punishment as a principal offender.

DIVISION TWO – Juvenile Offenders.

In the construction of this Division unless inconsistent with the subject-matter or context:-

“The Inspector” means the Inspector of Reformatory Schools;
“The Minister” means the responsible Minister of the Crown administering this Division;
“The Secretary” means the Secretary of the Department for Reformatory Schools;
“Ward of the Department for Reformatory Schools” includes any one of whose person the superintendent or matron of any reformatory school is guardian under the provisions of this Division.

Establishment of Reformatory Schools.

The Governor in Council may from time to time establish and abolish reformatory schools and every such school shall be occupied by an used for males and females exclusively as the Governor in Council may direct, and any such reformatory school for males if the Governor in Council think fit may be established upon a training ship, and all existing reformatory schools established under the Crimes Act 1890 The Juvenile Offenders Act 1887 or under any Act thereby repealed shall for the purposes of this Division be deemed to have been established under this Act.
Any school established by private contributions and approved by the Governor in Council as a reformatory school shall unless and until such approval is withdrawn be deemed a reformatory school within the meaning of this Division, and any person for the time being approved by the Governor in Council for that purpose shall be deemed the superintendent or matron of such school. And in case any such school is established for any religious denomination or denominations exclusively the Governor in Council may approve of the same for such denomination or denominations, and in such case no child shall be sent or committed to such school who is not a member of the denomination or of one of the denominations for which he school is approved.

Any school approved by the Governor in Council under section nine of The Neglected and Criminal Children’s Act 1864 as a reformatory school shall unless and until such approval is withdrawn be deemed to have been appointed as a reformatory school within the meaning of this Division for the denomination or denominations (if any) for which the school is stated to be supported in the order of approving the same.

The manager of every school established by private contributions and approved by the Governor in Council as aforesaid as a reformatory school shall be entitled to receive out of any moneys which may be appropriated by Parliament for that purpose for every ward of the Department for Reformatory Schools maintained in such school during the preceding year or any part thereof a sum calculated at the rate of not more than five shillings a week, or in case such ward is a cripple or invalid or of unsound mind at such greater rate as the Minister my approve.
If at any time upon the report of the Inspector the Governor in Council is dissatisfied with the condition management or regulations of any reformatory school established by private contributions he may withdraw his approval from such school, and from and after publication of such withdrawal in the Government Gazette the school shall cease to be a reformatory school within the meaning of this Division and to be entitled to receive aid from the consolidated revenue. Providing nevertheless that the Governor in Council shall not withdraw his approval of any school as aforesaid until after the lapse of two months from the transmission of a duplicate of the report aforesaid to the superintendent matron or managers of such school.

Officers.

The person holding the office of Secretary of the Department for Reformatory Schools at the commencement of this Act shall unless and until removed in accordance with the provisions of the Public Service Act 1915 by the Governor in Council be the Secretary of the Department for Reformatory Schools under this Act as if appointed hereunder, and the Governor in Council may subject to the provisions of the Public Service Act 1915 from time to time appoint some fit and proper person to be Secretary of the Department for Reformatory Schools and remove every such Secretary. It shall be the duty of the Secretary under the direction of the Minister to carry into operations the provisions of this Division so far as the execution thereof is not expressly committed to any other person.
The Secretary shall on or before the thirtieth of June in each year submit to the Minister a report of his proceedings and accounts the receipts and expenditure under the powers or for the purposes of this Division during the past year with returns showing the number of children received and discharged their ages religion parentage birthplace location and cost of maintenance and the same contributed by relatives towards their support together with any general remarks he may think fit to make, and there shall be annexed to such report reports by the superintendent matron or manager of every reformatory school upon the sate and requirements of such school which such superintendents matron and managers are hereby required to furnish to the Secretary on or before the thirty-first day of March in every year for that purpose. And the minister shall lay such report of the Secretary with the reports annexed to it before both Houses of Parliament within three weeks after the presentation thereof if Parliament be then sitting or if not then sitting within three weeks from the next assembling of Parliament
The person holding the office of Inspector of Reformatory Schools at the commencement of this Act shall unless and until removed in accordance with the provisions of the Public Services Act 1915 by the Governor in Council be the Inspector of Reformatory Schools under this Division as if appointed hereunder, and the Governor in Council may subject to the provisions of such Act from time to time appoint some fit and proper person to be Inspector of Reformatory Schools and remove every such Inspector.
It shall be the duty of the Inspector to visit and inspect every reformatory school as often as occasion may require and not less often than the Governor in Council may by regulation direct, and to report to the Minister thereon and upon all matters connected therewith.
Subject to the provisions of the Public Services Act 1915 the Governor in Council may from time to time appoint for every reformatory school for males a superintendent and for every reformatory school for females a matron and may remove every such superintendent and matron, and it shall be the duty of the superintendent and matron of every such school to carry into execution all the provisions of this Division and the regulations in force thereunder so far as the same relate to such schools and the children for the time being detained there.
Every person holding the office of superintendent or matron of any reformatory school at the commencement of this Act shall, unless and until removed by the Governor in Council continue superintendent or matron as the case may be of such school under this Division as if appointed hereunder.
It shall be the duty of the teachers officers and servants of every reformatory school to obey all lawful and reasonable orders and directions of the superintendent or matron as the case may be in the execution of this Division.
The inspector and every superintendent and matron deemed to be appointed under this Division shall be deemed to be so appointed with the same classification salaries and emoluments subject to be altered in the same manner and no other as would have been the case if this Division had not passed, and save as aforesaid nothing in this Division shall be deemed to alter or repeal the Public Services Acts; and all appointments and removals to be made by the Governor in Council under the powers contained in this Division shall be made subject to the provisions of the Public Services Act 1915.
In case of the absence on leave or temporary incapacity of any officer appointed under the provisions of this Division the Governor in Council may appoint some fit and proper person to act in his stead, and every such person when so acting may exercise all the powers and duties of the officer in whose place such person is appointed.
All courts judges and persons acting judicially shall take judicial notice of the signature of the Minister the Secretary the Inspector and of any superintendent matron or clerk of a court or of any person acting of such offices to every document required to be signed for the purpose of this Division.

Committal to Reformatory Schools.

Whenever a child apparently under the age of seventeen years is convicted of any offence for which a sentence of imprisonment may be awarded whether such offence is an indictable offence or punishable on summary conviction the judge or chairman of the court before which or a Children’s Court by which such child is so convicted may in lieu of any sentence of imprisonment order such child to be committed if apparently over the age of twelve years or having in the opinion of such judge chairman or Children’s Court been leading an immoral or depraved life to a reformatory school, and if apparently under the age of twelve years and not having in the opinion of such judge chairman or Children’s Court been leading and immoral or depraved life to the care of the Department for Neglected Children. Provided always that such judge chairman or Children’s Court may under circumstances of any case order any such child apparently over the age of twelve years and not having in the opinion of such judge chairman or Children’s Court been leading an immoral or depraved life to be committed to the care of the Department for Neglected Children instead of to a reformatory school.
When any child convicted of any offence is committed to a reformatory school or to the care of the Department for Neglected Children such child shall not suffer any forfeiture or disability of any kind in consequence of such conviction other than is provided by this Division or any law for the time being in force relating to neglected children.
Every order committing a child to a reformatory school shall specify the particular school to which the child is committed which must be some one of the schools established or approved by the Governor in Council as aforesaid to which such child may be lawfully committed. Provided always that no order shall be bad or liable to be quashed for specifying a school to which the child cannot be lawfully committed, but it shall be the duty of the Secretary in any such case to take the proper steps to procure the transfer of such child to some school to which such child might have been lawfully committed.
Every order committing a child to a reformatory school or to the care of the Department of Neglected Children may be in such one of the forms in the Third Schedule hereto as may be applicable or in any form which may be substituted by the regulations of the Governor in Council for the time being in force or to the like effect, and such order or an office copy thereof without any warrant shall be sufficient authority for any member of the police force to take such child to the reformatory school named therein, or in case of a child committed to the care of the Department of Neglected Children to the place to which the Secretary may direct such child to be take, or in default of any such direction to such receiving house for children of the same age and sex as may be nearest or most convenient.
When at or after the commencement of this Act any child apparently under the age of eighteen years is confined in any gaol under sentence of imprisonment it shall be the duty of the Inspector-General of Penal Establishments to consult with the Secretary and consider whether such child could be properly transferred to a reformatory school, and if the Inspector-General and Secretary concur that such child should be transferred to a reformatory school they may jointly report to the Minister to that effect naming the school to which in their opinion such child could be properly transferred and accompanying such report by a full record of such child, and the Minister shall transmit such report and record to the superintendent or matron of such school who shall make such remarks thereon as to such superintendent or matron may seem fit and return the same to the Minister who shall lay such report and record together with the remarks of such superintendent or matron before the Governor in Council, who may it if seem fit upon the circumstances thereof order that such child be transferred to such reformatory school, and such order shall have the same effect as and be deemed un order committing such child to such reformatory school under the provisions of this Division and shall unless such child be transferred back to such gaol under the powers herein contained in that behalf operate as a remission of the residue of the sentence of imprisonment of such child.
In case the behaviour of any person transferred from a gaol to a reformatory under the power contained in the last preceding section be in the opinion of the matron or superintendent of such reformatory so bad as to be injurious to the discipline of the said reformatory and to the other wards of the Department for Reformatory Schools or inmates therein such matron or superintendent may report to the Minister to that effect who may lay such report before the Governor in Council, who may if it seem fit upon the consideration thereof order such person to be transferred back to such gaol, and thereupon such person shall be removed to such gaol and shall serve the residue of his sentence which was unexpected at the time of the order for his transfer to the reformatory, and the time spent in the reformatory shall not be reckoned as part thereof.

Management of Wards of the Department for Reformatory Schools.

Whenever any child is committed or transferred to a reformatory school under the provisions of this or any other Act for the time being in force authorizing such committal or transfer the superintendent or matron of such school shall become guardian of the person of such child to the exclusion respectively of the father and every other guardian until such child attains the age of eighteen years or such greater age not exceeding twenty years as the Governor in Council may direct unless such child is sooner discharged; and such superintendent or matron shall as such guardian have the sole right to the custody of such child and shall deal with such child as directed by this Division and the regulation of the Governor in Council in force hereunder.
Whenever any ward of the Department for Reformatory Schools is desired to be transferred from one reformatory school to another the Secretary may write or cause to be written on the order committing such ward to such reformatory school or an office copy thereof a memorandum to the following effect :- “I recommend that A.B. within named be transferred to the reformatory school at (describing the school)” and may sign such memorandum, and the Minister may write or cause to be written after such memorandum the word “approved” together with the date and may sign the same, and thereupon such ward shall be deemed to be transferred to such reformatory school.
Whenever any ward of the Department for Reformatory Schools is desired to be transferred from a reformatory school to the care of the Department for Neglected Children the superintendent or matron of such school may write or cause to be written on the order committing such ward to such school or if such ward has been transferred from the care of the Department for Neglected Children the order committing such ward to the care of such Department or an office copy thereof respectively, a memorandum to the following effect :- “I recommend that A.B. within named be transferred to the care of the Department for Neglected Children” and may sign such memorandum, and the Secretary may write or cause to be written after such memorandum the words “I concur” and may sign the same, and the Minister may thereupon write or cause to be written the word “approved” together with the date and sign the same, and thereupon such ward shall be deemed to be transferred to the care of the Department for Neglected Children.
No warrant shall be necessary to authorize the detention of any ward of the Department for Reformatory Schools, but if the right to the custody of such ward be called in question by habeas corpus or otherwise it shall be sufficient to give in evidence the order committing such ward to a reformatory school, and in case such ward has been transferred from one reformatory school to another to another the order or orders transferring such ward or in case such ward has been transferred from the care of the Department for Neglected Children to a reformatory school the order committing such ward to the care of the Department for Neglected Children together with the order or orders transferred such ward, and to show that such ward is detained by the authority of the superintendent or matron as the case may be as guardian of the person of such ward.
The Governor in Council may at any time order any ward of the Department for Reformatory Schools to be discharged, and thereupon the superintendent or matron as the case may be shall cease to be guardian of the person of such ward.
Subject to the regulations of the Governor in Council every ward of the Department for Reformatory Schools may from time to time be dealt with by the superintendent or matron in one or other of the following ways:-
1. Detained in the reformatory school;
2. Transferred with the approval of the Minister to some other reformatory school to which such ward might be lawfully committed;
3. Transferred with the approval of the Minister to the care of the Department for Neglected Children;
4. Placed at service with some suitable person;
5. Apprentices to some trade either on land or at sea;
6. Placed in the custody of some suitable person who has given a bond with or without sureties in the form prescribed by the regulations of the Governor in Council conditioned for the good behaviour of such ward.

The last-mentioned power shall apply to inmates of reformatory schools on and after the first day of January One thousand eight hundred and eighty-eight, who for that purpose shall be deemed wards of the Department for Reformatory Schools.

Provided always that no ward of the Department for Reformatory Schools who has been leading an immoral or depraved life shall be transferred to the care of the Department for Neglected Children until the superintendent or matron has certified to the Minister that such ward can be safely and properly transferred.

Every person with whom any ward of the Department for Reformatory Schools may be placed shall from time to time permit such ward to be visited and any place where such ward may be or reside to be inspected by the Inspector or any person authorized by or under the regulation of the Governor in Council for the time being in force in that behalf.
It shall be the duty of the matron of every reformatory school for females to keep all wards of the Department for Reformatory Schools committed to a reformatory school on the ground that they have been living an immoral or depraved life or who she has reason to believe have in fact been leading an immoral or depraved life so far as possible separate from all others.
The superintendent or matron of every reformatory school shall be deemed a person having the control of a public institution of an eleemosynary nature, and all wards of the Department for Reformatory Schools in such school shall be deemed children under his or her care or control within the meaning of the Master and Apprentice Act 1915.
All members of the police force and peace officers shall assist every superintendent or matron of a reformatory school in retaining or recovering the custody of any ward of the Department for Reformatory Schools or inmate who has absconded or absconds or attempts to abscond

Visitors to Schools and Religious Instruction.

The Governor in Council may appoint for every reformatory school so many fit and proper persons as may be determined by the regulations hereunder in that behalf, and in default of any such determination as may seem desirable a majority of whom reside in the locality to be a visiting committee, and the members of such visiting committee shall from time to time visit such schools as occasion may require and may report to the Minister as to them may seem fit.
Subject to the regulation of the Governor in Council all ministers of religion or any person being duly authorized by the recognised head of any religious denomination shall have admission to every reformatory school maintained at the sole expense of the State and access to such of the persons placed or detained therein as may be members of their respective denominations, and may give instruction to them on the days and at the times allotted by such regulations for the religious education of such persons of their respective denominations.
Subject to the regulations of the Governor in Council or persons authorized in that behalf by the Minister all Executive Councillors all Members of either House of Parliament all judges of courts (whether of record or otherwise) and all justices shall be entitled to visit every reformatory school and shall have admission to the same accordingly.
Every person who by virtue of the provisions hereinbefore contained is entitled to visit any such school as aforesaid and every minister of religion may inscribe in a book (to be for that purpose provided and kept in such house or school by the superintendent or matron thereof) any remarks or observations which he may think fit to make touching or concerning such house or school and the superintendent matron teachers officers or servants or the persons placed or detained therein or any of them, and such book shall be produced to the Inspector whenever he visits such house or school.

Committal to the Care of Private Persons.

When any child has been committed to any reformatory school under this Division or any law for the time being in force relating to neglected children, if any person who in the opinion of the judge chairman or Children’s Court committing such child is a proper person to have the custody of such child appears and applies for the custody of such child and offers to enter into such security as such judge chairman or Children’s Court thinks sufficient for the good behaviour of such child and for the appearance of such child at the reformatory school to which such child has been committed when such child may be called upon by the Minister, such judge chairman or Children’s Court may take the recognisance of such person for the appearance of such child at such reformatory school at any time such child may be called upon by the Minister before such child attain the age of eighteen years and for the good behaviour of such child in the meantime, and may thereupon commit such child to bail of such person without such child being taken to reformatory school. Provided always that no such child shall be educated in any religious different from that in which it would be the duty of any guardian of such child appointed by the Supreme Court to direct such child to be educated.
Any child so released on bail may be at any time surrendered by the person to whom bail such child has been committed to the custody of the superintendent or matron of the reformatory school to which such child has been committed, and such bail shall thereupon be discharged from his recognisance as regards any liability thereafter to be incurred.
If any child so released on bail refuses to neglects to go to the reformatory school to which such child is committed when called upon by the Minister or the person to whose bail such child has been committed so to do such child shall be deemed to abscond from such school within the meaning of this Division.
When any child who has been committed to any reformatory school is released on bail so long as such child remains on bail the person whose bail such child has been committed shall exercise the powers of guardian of the person of such child, and unless the Secretary intervenes any person who would have been guardian of the estate of such child if such child had not been committed to a reformatory school shall continue to act as such guardian of the estate. But the secretary shall have power to intervene at any time, and thereupon the powers of any such person as guardian of the estate of such child shall cease.

Offences Penalties and Legal Proceedings.

Whosoever without lawful authority or excuse:-
1. Hold or attempts to hold any communication with any ward of the Department for Reformatory Schools in any reformatory school; or
2. Enters any reformatory school or any building yard or ground belonging thereto and does not depart therefrom when required to do so by the superintendent matron or other officer or servant of such house or school;

Shall be liable on conviction before a court of petty sessions to a penalty of not more than Twenty pounds.

Whosoever being the superintendent or matron of any reformatory school or any teacher officer or servant thereof negligently or voluntarily permits any ward of the department to escape shall be liable on conviction before a court of petty sessions to a penalty of not more than Twenty pounds.
Whosoever directly or indirectly:-
1. Withdraws unlawfully any ward of the Department for Reformatory Schools or counsels or induces any such ward to abscond from any reformatory school or from any person to or with whom such ward is licensed or placed under the provisions of this Division; or
2. Knowing any such ward to have been so withdrawn or to have so absconded harbors or conceals or assists in harbouring or concealing such ward or prevents such ward from returning to the school from which or the person from whom such ward has been so withdrawn or has so absconded; or
3. Being the person to or with whom any such ward is licensed or placed ill-treats or neglects to discharge his duty to such ward;

Shall be liable on conviction before a court of petty sessions to a penalty of not more than Ten pounds or to imprisonment for a term of not more fourteen days.

Whosoever:-
1. For the purposes of prostitution or defilement inveigles or entices any unmarried female ward of the Department for Reformatory Schools apparently under the age of eighteen years from any reformatory school or from the house or other place where or from any person to or with whom she may be licensed placed or apprenticed under the provisions of this Division; or
2. Being the person to or with whom such female is licensed placed or apprenticed carnally knows any such female who is apparently under the age of eighteen years; or
3. Aids or assists any person in any of the foregoing acts;

Shall be guilty of a misdemeanour and shall be liable to imprisonment for a term of not more than three years. No conviction shall be had under the provisions of this section on the unsupported testimony any one witness nor unless proceedings are taken within six months after the commission of the offence.

Nothing in this section shall exempt any person from prosecution under any other section of this Act or under any other law so that no person is punished for the same offence both under this section and any other section or law.

If any ward of the Department for Reformatory Schools is guilty of any misbehaviour of which the Minister shall be the sole judge:-
1. The Minister may order the whole or any part of any money’s to which is entitled invested on deposit with the Commissioners of the State Savings Bank under any law now or hereafter to be in force relating to post-office deposit for savings to be applied in making good to His Majesty or any other person any loss or expense occasioned by the misbehaviour of such ward. And for the purpose of carrying out the powers contained in this section the Minister may sign an order on the said Commissioners directing payment to the Secretary or his order of the whole or any part of the money, and the said Commissioners shall pay the same accordingly.
2. The Minister may direct the whole of such moneys to be withheld from such ward notwithstanding such ward may have come of age until proof of the good conduct of such ward for a period of twelve months be given to the satisfaction of the Minister.
For the more effectual prosecution of all offences against this division any person found committing any such offence may be immediately apprehended without a warrant by any member of the police force and forthwith taken before some justice to be dealt with according to law.
When any bot apparently under the age of sixteen years is convicted of any offence punishable on summary conviction for which imprisonment may be awarded the Children’s Court may in addition to or in lieu of any other punishment which may be lawfully awarded for such offence order such boy to be privately whipped with a cane or a birch rod in the presence if he desires to be present of the parent or guardian of the child by any person who may be duly authorized for such purpose by the Governor in Council. Provided that the order shall specify the number of strokes to be inflicted and that no such punishment shall exceed in degree or severity such as may be lawfully inflicted by schoolmasters.
When for the purpose of exercising any of the powers conferred by this Division it is necessary to determine the age of any person the court or justices dealing with the case shall determine such age as they may be best able having regard to the evidence before them or if there is no other sufficient evidence to the appearance of such person, and every order directing any person to be committed to a reformatory school or to the care of the Department for Neglected Children shall state the age of the person so committed as determined by the court or justices making such order, and the statement of the age of any such person contained in any such order shall be conclusive for the purposes of this Division.

Regulations of the Governor in Council.

The Governor in Council may from time to time by Order to be published in the Government Gazette made alter and repeal regulations for the following purposes:-
1. The conduct management inspection and supervision of reformatory schools;
2. The employment education supervision and correction of wards of the Department for Reformatory Schools. Provided that no such regulation shall permit any corporal punishment except such as may ne lawfully inflicted by schoolmasters;
3. The placing out at service or apprenticing of the wards of the Department for Reformatory Schools either on land or at sea;
4. Prescribing the forms of orders warrants bonds and other instruments to be used by courts judges justices the various officers mentioned in this Division and others in carrying into execution this Division;
5. The collection and investment either with the Postmaster General under any law now or hereafter to be in force relating to post-office deposit for savings or otherwise of any earnings or any ward of the Department for Reformatory Schools and the application thereof or any part thereof;
6. Prescribing the method of keeping accounts of payments and moneys payable under the provisions of this Division;
7. For prescribing the manner of carrying out the whipping provided for boys under seventeen and limiting directing and regulating the same;
8. For the various purposes mentioned in this Division and generally for carrying this Division into effect.
All regulations of the Governor in Council made hereunder shall be laid before both Houses of Parliament within ten days after the publication there of if Parliament is then sitting, or if not then sitting then within tendays from the next assembling of Parliament.

DIVISION THREE – Suspected Persons.

Subject to the provisions of the Commonwealth of Australia Constitution Act it shall be lawful for any justice of the peace or any member of the police force at any time after the commencement of this Act, having reasonable cause to suspect that any person has at any time been found guilty of any felony by a court or competent jurisdiction in the United Kingdom of Great Britain and Ireland or any part of His Majesty’s dominions other than Victoria and has at any time either previous to or after the commencement of this Act come into Victoria, forthwith and without any warrant for such purpose to cause such suspected person to be apprehended and taken before any two justices of the peace to be dealt with as hereinafter mentioned, such person not having been lawfully resident in Victoria at the time of or previous to the commencement of this Act. Provided that it shall be lawful for any justice of the peace to take bail for the appearance of such suspected person before such justices in such sum and with or without such securities as such justice may deem expedient. Provided also that nothing in this Division contained shall apply or be deemed to apply to any person whose sentence or sentences (if more than one) shall have expired for a greater period than three years previous to his arrival in Victoria.
It shall be lawful for any two justices of the peace before whom any such suspected person has been brought, on proof that such person has come into Victoria contrary to the provisions of this Division, to convict him thereof; and at the discretion either to take bail that such person shall leave Victoria within seven days after his conviction, or to cause such person to be conveyed in custody to the country or possession whence he came, or to sentence such person if a male to imprisonment for a term of not more than three years, of if a female to imprisonment for a term of not more than one year.
All property found upon or in the possession of any such suspected person as aforesaid shall upon his apprehension be seized and detained; and in the event of his being convicted and sentenced as aforesaid shall at the discretion of the convicting justices be forfeited and sold.
Any person sentenced as aforesaid who remains in Victoria for three months after the termination of such sentence shall be liable to be again similarly apprehended and sentenced; and so on from time to time as often as he so remains.
Any person how harbours or conceals any other person whom he knows or believes to have come into or remained in Victoria contrary to the provisions of this Division shall be liable on conviction before a court of petty sessions to a penalty of not more than One hundred pounds or to imprisonment for a term of not more than twelve months.
Any master mariner or other person, commanding navigating or sailing any vessel for the trip or voyage when such vessel brings to any port or place in Victoria any person having been found guilty as aforesaid, shall be liable on conviction before a court of petty sessions to a penalty of not more than One hundred pounds, or to imprisonment for a term of not more than six months, or to both.
It shall be lawful for any justice of the peace, having information on oath that any person who has arrived in Victoria contrary to the provisions of this Division is harboured in any home or other place within the jurisdiction of such justice, to grant a general search warrant to any member of the police force for such person; and it shall be lawful for any such member of the police force in virtue of such general search warrant to break enter and search by day or by night any dwelling-house tenement or other place wherein such person is suspected to be concealed, and to apprehend any person whom such member of the police force has reasonable cause for suspecting to have arrived or remained in Victoria contrary to the provisions hereof, and also to apprehend all persons found in or about such dwelling-house tenement or other place whom such member of the police force has reasonable grounds for suspecting and believing have knowingly harboured and concealed such suspected person; and all persons found and apprehended as aforesaid shall be forthwith taken before any justices of the peace to be dealt with as herein provided.
It shall be lawful for any justice of the peace or member of the police force to enter on board any vessel and, having reasonable cause to suspect that any person having been found guilty as aforesaid is on board such vessel, to search any and every part thereof, and apprehend any person found therein contrary to the provisions of this Division.
It shall be lawful for any two or more justices assembled in petty sessions to hear and determine in a summary way all cases arising under this division and at their discretion to fix and determine all the fines penalties punishments and forfeitures hereby imposed; and no complaint conviction order for confiscation punishment or forfeiture or other proceeding before or by any justices under this Division shall be quashed or set aside or deemed void or insufficient for want of form only, or be removed or removable by certiorari or any other writ or process whatsoever into the Supreme Court.
Every summons information conviction and warrant of commitment under the provision of this Division shall be deemed valid in which the offence charged or alleged in the same respectively shall be set forth in the words of this Division.
Oral proof that any person was in any country known to have been commonly deemed or reputed to have been found guilty of any felony in the United Kingdom or any part of His Majesty’s Dominions other than Victoria or to have been serving any sentence of transportation or imprisonment for such offence, or the production of any paper purporting to be a Government Gazette published in any of the States of the Commonwealth of Australia and containing the name of any person charges with offending against any of the provisions of this Division described in such paper as a convicted prisoner of the Crown or felon, shall for the purposes of this Division be taken as good primâ facie evidence that such person was found guilty of felony as aforesaid; and proof that any person so found guilty was apprehended in Victoria at any time after the commencement of this Act not having a fixed and known place of residence shall be deemed good primâ facie evidence that such person arrived in Victoria after the commencement hereof unless the contrary is proved.
Whenever any pecuniary penalty has been imposed under the provisions of this Division and the person convicted shall not forthwith pay the same into the bands of the convicting justices or their clerk, it shall be lawful for such justices to direct that such person be imprisoned for a term or not more than two calendar months if the penalty is not above Twenty pounds, and for a term of not more than four calendar months of the penalty is above Twenty pounds and not above Fifty pounds, and for a term of not more than twelve calendar months of the penalty is above Fifty pounds; and such person shall be detained and kept to hard labour unless such respective penalties are sooner paid.
All pecuniary fines and penalties and the proceeds of all forfeitures received under this Division shall be paid into the police superannuation fund, except such portion thereof not exceeding one-half as the convicting justices may award to the informer.
If any suit or action is brought against any justices of the peace constable or other person for any act or thing done in furtherance of the provisions of this Division, the defendant in every such action may give this Division and the special matter in evidence at any trial; and if the verdict is for the defendant, or if the plaintiff in any such action or suit is nonsuited or discontinued his action or suit, or if judgement is given against the plaintiff, the defendant shall have treble costs, and shall have the like remedy for the same as any other defendant has in any other case to recover costs by law; and although a verdict is given for the plaintiff in any such action or suit he shall not be entitled to recover any costs against the defendant unless the judge whom such action is tried certifies at the trial and in open court under his hand on the back of the record his approbation of the action and of the verdict thereupon.
Any person who feels aggrieved by the judgement of the justices adjudicating under this Division may appeal from their order or adjudication to the next Court of General Sessions of the peace held nearest to the place where such order or adjudication has been given or made; and the execution of every such order or adjudication so appealed from and the forfeiture and sale of any property as aforesaid may at the discretion of such justices be suspended, in case such person with one or more sufficient surety or sureties before such justices enters into a recognisance to His Majesty his heirs and successors in such sum as to such justices seem fit, conditioned to prosecute such appeal with effect and to be forthcoming to abide the determination of such Court of General Sessions and pay such costs as the said court awards, and such court is hereby authorized finally to hear and determine the matter of such appeal.

PART THREE – PROCEDURE AND PUNISHMENT.

DIVISION ONE – Pleading Procedure, Proof ETC.

Mode of Prosecution.

All treasons and misprisions of treason shall be prosecuted by indictment only, and all other indictable offences may be prosecuted by indictment or by presentment as hereinafter directed.
Every person who at the time of commencement of this Act holds the office of Prosecutor for the King shall without any further or other appointment than this Act be a Prosecutor for the King under the provisions hereof as if appointed under this Act, and the Governor in Council may from time to time appoint as many fit and proper persons as may be needed to be Prosecutors for the King; and every such person shall be a barrister and solicitor of Victoria, and shall have practised as an advocate or barrister and special pleader or as either in England Ireland Scotland and Victoria or any of them for such period as shall make an aggregate of five years.
Subject to the provisions hereinbefore contained, His Majesty’s Attorney-General or Solicitor-General for Victoria or any Prosecutor for the King in the name of a law officer may make presentment at the Supreme Court or Court of General Sessions of the peace of any person for any indictable offence cognizable by such courts respectively, and every such presentment may be in the form contained in the Fourth Schedule or to that effect and shall be as good and of the same force strength and effect in the law as if the same had been presented and found by the oaths of twelve men.

The said power conferred on His Majesty’s Attorney-General or Solicitor-General of Victoria or on any Prosecutor for the King in the name of a law officer to make presentment at the Supreme Court or Court of General Sessions of the peace of any person for any indictable offence cognizable by such courts respectively shall include the power to make any such presentment at the said Supreme Court or Court of General Sessions in any part of Victoria whatsoever notwithstanding that such court is not in the same bailiwick as that in which the accused was committed for trial or the offence committed, and the court at which such presentment is made shall have full power to deal with try determine and punishment such accused irrespective of the fact that he was not committed for trial or that the offence was not committed in the bailiwick where such court is held.

Upon the application of any person supported by an affidavit disclosing an indictable offence and either that the same has been committed by some body corporate or that some justice has declined or refused to commit or hold to bail the alleged offender or that no presentment was made against him at the court at which the trial would in due course have taken place, or upon the application of a law officer, it shall be lawful for the Full Court to order the sheriff to summon a grand jury to appear at a court to be holden at a time and place to be mentioned in the order; and upon receipt of such order the sheriff shall summon not less than twenty-three men to attend at such court at the time and place aforesaid to inquire present do and execute all things which on the part of the King shall then and there be commanded of them, and such men shall be taken from the special jury book of the jury district in which such place is situate in the same manner as a special jury is or may be taken; and at the time and place aforesaid the said sheriff shall bring into court the said order with the name place of abode and addition of every grand juror written on a panel signed by him and sealed with his seal of office and shall deliver the said panel to the proper officer of the said court, who shall in open court call aloud the names of the grand jurors on the said panel one after another, and the twenty-three men so first drawn and appearing or if twenty-three men shall not appear such of them as do appear not being less than twelve men shall be the grand jury and shall be sworn and act accordingly. Provided always that every such order shall be delivered to the sheriff ten days before the day on which the indictment is intended to be preferred.
Nothing herein contained shall in any manner alter or affect the power which His Majesty’s Attorney-General possess at common law to file by virtue of his office and information in the Supreme Court, and all acts and duties which in England would be done and performed by or in the name of the King’s Coroner and Attorney or the Master of the Crown office or by or in the name of the King’s Remembrancer at the date of the commencement of the Act No. 502 shall be respectively done and performed by or in the name of the Prothonotary of the Supreme Court.
Every Act in force at the date of commencement of the Act No. 502 in which the word “information” occurs in reference to trials for indictable offences shall apply to presentments and indictments unless there is something in the context showing that it only applies to an information at common law.

Discharge without Prosecution.

The Attorney-General, in respect of any person or persons now or hereafter imprisoned under committal for trial for felony or misdemeanour may grant at any time a certificate under his hand in the form in the Fifth Schedule addressed to the judge 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 order and direct the sheriff or gaoler in whose custody any such prisoner is 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 refuses or neglects so to do, he shall for every such offence forfeit and pay to the use of His Majesty a penalty of Fifty pounds, to be recovered by action in the name of the Attorney-General

Offences Triable in any Bailiwick.

Any indictable offence committed or punishable in any part of Victoria either before or after the commencement of this Act and cognizable by the Supreme Court or any Court of General Sessions of the peace respectively may be dealt with tried determined and punished by the Supreme Court or any Court of General Sessions as the case may be sitting in any bailiwick whatsoever as fully and effectively and in the same manner as if such offence had been actually committed in such bailiwick.

Change of Time or Place of Trial.

When in respect of any indictable offence any person has been committed or remanded for trial or notice of trial or of intention to prefer a presentment has been given to any person by or on behalf of the Attorney-General or a prosecutor for the King a judge of the Supreme Court may on application on behalf of His Majesty or by or on behalf of such person on good cause shewn order that such person shall be tried before a special or a common jury at any sitting of the Supreme Court specified in such order or (if such offence is triable by a court of general sessions) at any sitting of the Court of General Sessions specified in such order. Such order may be made notwithstanding that in its result a case which would otherwise be tried by the Supreme Court is ordered to be tried by a Court of General Sessions or vice versâ and notwithstanding that it is ordered that the trial shall take place at a date earlier than otherwise it would take place and notwithstanding that it is ordered that the trial take place in a different bailiwick.

In circumstances of special urgency or importance such order may be made for trial by the Supreme Court at any place appointed for holding the court at a date other than a date appointed by the Governor in Council for holding the court at that place and the consequences in all respects and with regard to all officers and persons shall be the same as if the date specified in the order had been a date appointed by the Governor in Council for holding the court at that place.

When an order as mention in sub-section one is made the consequences except so far as is otherwise expressly provided shall in all respects and with regard to all persons be the same as if the sitting specified in the order had been the sitting specified in or in connexion with the commitment remand or notice and in particular every recognisance given in connexion with such commitment or remand by such accused person or any surety or sureties for him or by any person bound to attend as a witness or for the purpose of producing documents shall be deemed to be altered as it the sitting specified in the order had been the sitting specified in or in connexion with the commitment or remand. Provided that the recognisance of any person bound to attend as a witness or for the purpose of producing documents shall not be estreated unless a reasonable time before the sitting at which such trial is ordered notice in writing of the alteration in the effect of the recognisance produced by such order has been given to him either personally or by sending a telegram or prepaid post letter addressed to him at his usual place of abode.
On any application under sub-section one it shall not be necessary for the accused person to be present provided that if the application is made on behalf of His Majesty and the accused person is detained in any gaol he shall be notified in writing that he may through the gaoler forward to the judge an affidavit or statement in relation to such application and that he may be represented on the hearing of such application by his counsel or solicitor.
A judge of the Supreme Court may by the order mentioned in sub-section one or on an ex parte application on behalf of His Majesty (and whether an order has been made under sub-section one or not) direct that any accused person who is detained in any gaol shall be removed to any other gaol for the purposes of trial whether before the Supreme Court or a Court of General Sessions and the gaoler or keeper of the gaol in which such person is detained shall on delivery to him of an office copy of such order of removal cause such person with his commitment and detainer to be removed in safe custody to such other gaol and the keeper of such gaol shall on delivery to him of an office copy of such order of removal receive such person into his custody there to remain until he is discharged or delivered in due course of law.
Whenever any such order as is mentioned in sub-section one has been made on application on behalf of His Majesty the judge shall if requested so to do by or on behalf of such accused person at any time before the trial issue a certificate that an order under this section has been made upon the production of which the Treasurer may order to be paid (out of any moneys provided by Parliament for allowances to witnesses) to the accused person a sum not exceeding Thirty pounds to enable him to defray the charges and expenses of his witnesses. If the accused person is on the trial acquitted the judge or chairman of general sessions before whom the trial takes place may at any time within one month of the conclusion of the trial issue a certificate for such sum as appears to him to have been properly expended for charges and expenses of witnesses in consequence of any change of the time or place of trial deducting therefrom the amount of any moneys so advanced as aforesaid and the Treasurer may upon receipt of such certificate pay such cum to the person so acquitted out of any moneys provided by Parliament for allowances to witnesses.
In this and the two next succeeding sections the word “gaol” shall have the meaning assigned to it in the Gaols Act 1915.

Postponement of Trial.

When in respect of any indictable offence any person has been committed or remanded for trial or notice of trial or of an intention to prefer a presentment has been given to any person by or on behalf of the Attorney-General or a prosecutor for the King or a presentment indictment or information has been made found laid or filed against any person and such commitment remand or notice is returnable or the trial of the accused is to be held or is being held at a sitting of the Supreme Court or Court of General Sessions the court at such sitting may at any stage of the proceedings whenever it is so provided in this Act or whether otherwise in the interest of justice it is expedient so to do direct:-
1. That the trial shall take place at a later time at the same sitting; or
2. That the receiving or taking of any plea or demurrer shall be adjourned and that the trial shall be postponed or that the trial shall be postponed and that the accused person shall be remanded for trial at a sitting of the Supreme Court or (if the offence is triable by a Court of General Sessions) by a Court of General Sessions at such time and place (whether in the same bailiwick or not) as the court making such order may direct.

If necessary in any case referred to in paragraph (a) or (b) of sub-section one any jury sworn may be discharged from giving a verdict and an indorsement made in the presentment indictment or information “Jury discharged from giving a verdict”
The time and place for the commencement of any such postpone sittings shall be stated in open court and the court may (with the consent of any surety or sureties) respite the recognisances or any of the recognisances of the accused person or any surety or sureties and may respite the recognisance of any person bound to attend as a witness or for the purpose of producing documents and thereupon the accused person and the persons so bound to attend shall be bound to attend at such time and place without entering into fresh recognisances and any surety so consenting shall be bound accordingly or the court may in the case of the accused person make such order as to bail and commitment and removal to any gaol specified by the court until such bail is forthcoming as seems fit.
The powers conferred by this section may be exercised by a Court of General Sessions notwithstanding that the offence charged is not triable in such court.

Removal of Accused Persons to and from Gaol.

Every accused person in the custody of the keeper of any gaol shall without writ of habeas corpus or other writ for that purpose be removed to and from the court at which he is to be tried when and so often as may be necessary by the keeper of the said gaol with his commitment and detainer in order that he may be tried sentenced or otherwise dealt with according to law and such removal shall not be deemed to be an escape.

Every person so being removed and every person ordered to be removed to or committed to any gaol under any provision of either of the two last preceding sections for and during the time of his being removed to and from or through any gaol or bailiwick and for and during the time of his being detained in any gaol or bailiwick be deemed to be in legal custody of the gaoler or other officer or of the member of the police force having custody of him and acting under the order mentioned in either of such sections.
No proceeding either criminal or civil shall be maintained by such accused person or any other person against any gaoler or other officer or member of the police force or against any other person by reason of any such removal or detainer.

Joinder of Defendants in certain cases.

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 at one time has been stolen taken extorted obtained embezzled or otherwise disposed of in such a manner as to amount to felony at common law or by statute, may be charged with substantive felonies in the same presentment indictment or information and be tried together, notwithstanding the principal felon is not included in such presentment indictment or information or is not in custody or amenable to justice.

What Presentments Indictments Informations and Instruments shall suffice and avail.

No presentment indictment or information shall be held insufficient for want of an averment of any matter unnecessary to be provided nor for the omission of the words “as appears upon the record” or “as appears by the record” or “with force and arms” or “against the peace;” nor for the insertion of the words “against the form of the Statute” instead of the words “against the form of the Statutes” or vice versâ; nor for designating any person by a name of office or other descriptive appellation instead of his proper name; nor for omitting to state the time at which the offence was committed in any case where time is not of the essence of the offence; nor for stating the time imperfectly; nor for the offence to have been committed on a day subsequent to the finding of the presentment indictment or information or on an impossible day or on a day that never happened; nor for want of a venue; nor for want of a proper or formal conclusion; nor for want of or imperfection in the addition of any defendant; nor 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.
In any presentment indictment or information wherein it is requisite to mention any co-owners of any property it shall be sufficient to name one of such persons adding the words “and another” “and others” as the case may be.
All property real and personal whereof any bod corporate has by law the management control or custody shall, for the purpose of any presentment indictment or 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.
In an presentment indictment or information for any indictment offence commitment after a previous conviction for an offence whether indictable or punishable upon summary conviction, it shall be sufficient after charging the subsequent to state that the offender was theretofore at a certain time and place convicted of a felony or misdemeanour or an offence punishable on summary conviction (as the case may be) without otherwise describing such previous offence.
In any presentment indictment or information for any indictable offence not punishable with death it shall be lawful, in order to enable the court the better to exercise its discretion with respect to punishment, to add and upon the trial to prove a statement that the offender had previously to committing such offence been convicted of an indictable offence, although either or both of such offences is or are not such as that by reason of any provision of this Act the degree character or punishment of the subsequent offence is affected; and such previous conviction shall be averred, and such averment proceeded upon and proved in like order and manner as in the case of any previous conviction with respect to which provision is made by this Act. Provided that in such averment where the case is not within such provision as lastly aforesaid the substance and effect (omitting the formal part) of the presentment indictment or information and of the conviction for the previous offence shall be stated.
Where any person has been presented for an indictable offence at any time before or after the jury has been charged to inquire of such offence, but before such jury has given their verdict, it shall be lawful to add a count or counts to such presentment averring that the person so presented as aforesaid was at a certain time and place or at certain times and places previously convicted of any offence or offences; and such count or counts may be added notwithstanding other provisions convictions are already averred in such presentment; and such count or counts so added may be proved after verdict upon the count or counts for such indictable offence in the same manner and shall have the same effect in all respects as such count or counts might have been proved and would have had it if or they had been part of such presentment at the time the person charged therein was arraigned.
The previous conviction in any of the States of the Commonwealth of Australia (other than Victoria) or in the Dominion of New Zealand or in Fiji British New Guinea or New Hebrides of any person for any indictable offence or offence punishable summarily by justices may in any presentment indictment or information for any subsequent offence in Victoria be averred in like manner as any previous conviction in Victoria, and such averment may in the case of places other than Victoria be proceeded upon in like order and manner as in the case of any previous conviction in a court of justice in Victoria.
In any presentment indictment or information for murder 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 was caused; but it shall be sufficient in any presentment indictment or 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 presentment indictment or information for manslaughter to charge that the defendant did feloniously kill and slay the deceased; and it shall be sufficient in any presentment indictment or 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 accustomed.
In every presentment indictment or information for stealing taking receiving or embezzling or for the fraudulent application or fraudulent disposition of money or any valuable security or for the obtaining money or any valuable security, it shall be sufficient to describe such money or valuable security simply as money, without specifying any particular kind of money or security, which description shall be sustained by proof of the stealing taking receiving embezzling applying or disposing or obtaining of any money or valuable security, although some part of the value thereof was agreed to be or was in fact returned.
It shall be lawful to insert several counts in the same presentment indictment or information against the same person for any number of distinct acts of stealing not exceeding three which are alleged to 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.
In any presentment indictment or 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 that such document is or contains evidence of the title or of part of the title of the person or of some of the persons having an interest in the real estate to which the same relates, and to mention such real estate or some part thereof.
In any presentment indictment or 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. Stealing any testamentary instrument and any other of the offences enumerated in section ninety-six of this Act.
2. Stealing any original document of any court and any other of the offences enumerated in section ninety-eight of this Act.
3. 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.
It shall be lawful to insert several counts in the same presentment indictment or information for any number of distinct acts of embezzlement or of fraudulent application or disposition not exceeding three which are alleged to have been committed by any accused person against His 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 and to proceed thereon for all or any of them.
In every case of larceny embezzlement fraudulent application or disposition committed against His Majesty the property may be described as the property of His Majesty.
In every case of stealing any chattel let to be used in or with any house or lodging, a presentment indictment or information in the common form as for larceny and in every case of stealing any fixture so let as aforesaid, a presentment indictment or information in the same form as if the offender was not a tenant or lodger shall be sufficient and in either cast the property may be laid in the owner or the person letting to hire.
In any presentment indictment or information containing a charge of feloniously stealing property, a count or several counts may be added for feloniously receiving the same or any part or parts thereof knowing the same to have been stolen; and in any presentment indictment or information for feloniously receiving any property knowing it to have been stolen, a count may be added for feloniously stealing the same.
In any presentment indictment or 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 Division three of Part One where it is necessary to allege an intent to defraud or injure, it shall be sufficient 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 accused to defraud or injure any particular person; but it shall be sufficient to prove that the accused did the act charged with an intent to defraud or injure (as the case may be).
In any presentment indictment or information for forging altering offering uttering disposing of or putting off or for stealing embezzling extorting converting disposing of 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 is usually known or by the purport thereof without setting out any copy of fac-simile thereof or otherwise describing the same or the value thereof.
In any presentment indictment or information for engraving or making the whole or any part of any instrument matter or thing, or 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 is engraved or made, or for having possession of any paper upon which the whole or any part of any instrument matter or thing is made or printed, it shall be sufficient to describe such instrument matter or thing by any name or designation by which it s usually known, without setting out any copy of the whole or any part thereof or otherwise describing the same or the value thereof.
In all other cases wherever it is necessary to make any averment in any presentment indictment or 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 is usually known or by the purport thereof, without setting out any copy thereof or otherwise describing the same or the value thereof.
In any presentment indictment or information for the unlawful buying or selling any false or counterfeit coin it shall not be necessary to allege at or for what rate price or value the same was bought sold received paid or put off or offered so to be.
In any presentment indictment or information for perjury or for any offence deemed to be perjury it shall be sufficient to set forth the substance of the offence charged upon the defendant and by what court or before whom the accused falsely swore or falsely declared or affirmed the matter charged as false without setting forth the proceedings and without setting forth the commission or authority of the court or the reason before whom such offence was committed.
In every presentment indictment or information for subornation of perjury and other like offences it shall be sufficient wherever such perjury has 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 did cause and procure the said person the said offence in manner and form aforesaid to do and commit; and whenever such perjury or other offence aforesaid has not been actually committed, it shall be sufficient to set forth the substance of the offence charged upon the defendant, without setting forth any of the matters or things hereinbefore rendered unnecessary to be set forth in the case of wilful and corrupt perjury.
It shall not be necessary in any presentment indictment or 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 is assigned.

Objections to Presentments Indictments and Informations how taken – Power of Amendment.

No person by himself or by his counsel shall take any objection in any court to any order made under sections three hundred and ninety-three or three hundred and ninety-four under or by virtue of which the time or place of trial has been altered or to any matter or thing set out or appearing on the face of the record and any objection to any presentment indictment information for any formal defect apparent on the face thereof shall be taken by demurrer or by motion to quash such presentment indictment or information before the trial is commenced and not afterwards, and every court before which any such objection is taken may if it is thought necessary cause the presentment indictment information or inquisition to be forthwith amended in such particular by some officer of the court or other person the thereupon the trial shall proceed as if no such defect had appeared.

No right to traverse or postpone.

No accused person shall be entitled as of right to traverse or postpone the trial of any presentment indictment or information preferred against him in the Supreme Court or Court of General Sessions or to have time to plead or demur to any such presentment indictment or information allowed him. Provided that if the court is of opinion that the accused ought to be allowed a further time to plead or demur or to prepare for his defence or otherwise, it may grant such further time to plead or demure or may adjourn the receiving or taking of the plea or demurrer and postpone the trial or as the case may be postpone the trial as provided by section three hundred and ninety-four.

Arraignment Plea &c.

If any person arraigned or any presentment indictment or information pleads thereto “Not guilty,” he shall without 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 his trial accordingly.
If any person being so arraigned stands mute of malice or will not answer directly to the presentment indictment or information, the court may 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 he had actually pleaded the same.
If any person presented indicted or informed against for any indictable offence is insane and is upon arraignment so found by a jury lawfully impanelled for that purpose so that such person cannot be tried upon such presentment indictment or information, or of upon the trial of any person so presented indicted or informed against such person appears to the jury charged with such presentment indictment or information to be insane, it shall be lawful for the court before whom any such person is brought to be so 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 the person who has been charged with any indictable offence is brought before any court to be discharged for want of prosecution and such person appears 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 finds 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 seems fit until the Governor’s pleasure is known. And in all cases of insanity so found the Governor may give such order for the safe custody of such person during the Governor’s pleasure in such place and in such manner as to him seems fit.
No presentment indictment or information shall be abated by reason of any dilatory plea of misnomer or of want of addition or of wrong addition of the accused; but the court shall forthwith cause the presentment indictment or information to be amended according to the truth, and shall call upon the accused to plead thereto and shall proceed as if no such plea had been pleaded.
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 presentment indictment or information
The proceedings upon any presentment indictment or 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 presentment indictment or information as charges the subsequent offence; and if he pleads not guilty or if the court orders 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 pleads guilty he shall then and not before be asked whether he had been previously convicted as alleged in the presentment indictment or information; and if he answers that he had been so previously convicted, the court may proceed to sentence him accordingly; but if he denies 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 charges in the first instance, it shall not ne 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 gives 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 is returned; and the jury shall inquire concerning such previous conviction or convictions at the same time that they inquire concerning such subsequent offence.
Where any person is presented indicted or informed against for treason or felony, they jury shall not be charged to inquire concerning his lands or goods, nor whether he fled for such treason or felony.

Defence.

Every accused person shall be admitted after the close of the case for the prosecution to make full answer and defence thereto by counsel.

Evidence Depositions Subpœnas and Warrants against Witnesses.

Where a person charges with an offence is not defended by counsel or solicitor, the following caution or words to the like effect shall, before he is called as a witness, be handed to him in writing under the direction of the court judge or justice before which or before whom he is charges (that is to say):- “Having heard the evidence against you, do you wish to be called as a witness and give evidence in answer to the charge. You are not obliged to be called and give evidence unless you wish, but if you are called the evidence you give may be used against you and you will be liable to be cross-examined.”
Where in any court before any judge or justice a person is presented indicted informed against or charged with an indictable offence or an offence punishable on summary conviction, whether solely or with others, such person and his wife or her husband (as the case may be) may be called as a witness at any stage of the proceedings at which witnesses may be called. Provided as follows:-
1. The person presented indicted informed against or charged shall not be called as a witness without his consent;
2. The wife or husband of the person presented indicted informed against or charged shall not be called as a witness without the consent of that person except in any case in which such wife or husband might have been compelled to give evidence before the commencement of this Act.
3. A person called as a witness in pursuance of this section shall not be asked, and if asked shall not be required to answer, either on examination cross-examination or re-examination any question not relevant to the particular offence with which he is charged unless such person has given evidence of good character. Provided always that no comment shall be made upon the fact that any such person has not given evidence in his own behalf.
When any person has been presented indicted or informed against for committing any offence after a previous conviction or convictions and has been convicted of such subsequent offence (hereinafter in this section termed the “first-mentioned principal offence”) and such previous conviction or convictions or any of them have thereupon been admitted by or proved against him, and

At any subsequent time such person is presented indicted or informed against for committing any other offence subsequent to the committing of such first-mentioned principal offence and to such previous conviction or convictions as aforesaid then such first-mentioned principal offence and such other previous conviction or convictions as aforesaid may notwithstanding anything contained in this or any other Act be proved against such person as follows:-

A certificate containing the substance and effect only of the conviction for such first-mentioned principal offence purporting to be signed by the officer having the custody of the records of the court where the offender was convicted or by the deputy of such officer or by the officer for the time being acting in such first-mentioned capacity and setting forth that a the time of such conviction such previous convictions (at the places and times therein mentioned, for the offences therein specified or generally for felonies indictable misdemeanours or offences punishable on summary conviction, as the case may be) were admitted by or proved against such offender may be given in evidence; such certificate shall (upon proof of the identity of the person against whom the same is given in evidence with the offender mentioned in the certificate as having been convicted of such first-mentioned principal offence) be sufficient evidence of the conviction of such person not only for such first-mentioned principal offence but also of the previous conviction or convictions therein mentioned without proof of the signature or official character of the person appearing to have signed the same.
Or a certificate purporting to be signed by the governor keeper or officer in charge of any gaol prison hulk or penal establishment or by the officer for the time being acting in that capacity and setting forth that the person therein mentioned underwent the whole or a portion of the sentence of imprisonment therein mentioned may be given in evidence; such certificate shall contain a copy of the record warrant or other authority under which such person was detained in such gaol prison hulk or penal establishment, and shall (upon proof of the identity of the person against whom the same is given in evidence with the offender mentioned in the certificate as having so undergone the whole or a portion of such sentence of imprisonment) be sufficient evidence not only of the conviction of such person for the crime of which such sentence of imprisonment appears from such certificate to have been awarded but also of the admission by or proof against such person immediately before such sentence was awarded of any previous conviction or convictions mentioned in such copy of the record warrant or other authority.

Nothing in this section contained shall be construed to affect or alter the law with respect to the proper stage of the proceedings upon such presentment indictment or information for proving any previous conviction therein averred.

Where any person has been presented indicted or informed against for committing any offence after a previous conviction or convictions and has been convicted of such subsequent offence and such previous conviction or convictions or any of them have been admitted by or proved against him the fact that such previous conviction or convictions have been so admitted or proved and the date or dates thereof and the term or terms of imprisonment awarded therefor respectively shall be entered upon the minutes or record of such subsequent offence.
Where upon the hearing before a justice of a charge of rape or of attempting to rape or of unlawfully and carnally knowing or of attempting or assaulting with intent unlawfully and carnally to know or of indecently assaulting any girl or of any offence such as is described in sections sixty-five or sixty-six of this Act against any boy under the age of fourteen years; or where upon the trial of any person for any of such offences the girl or boy in respect of whom the offence is charged to have been committed or any other child of tender years who is tendered as a witness does not in the opinion of the court or justices understand the nature of an oath, the evidence of such girl or boy or other child of tender years may be received through not given upon oath if in the opinion of the court or justices (as the case may be) such girl or boy or other child of tender years is possessed of sufficient intelligence to justify the reception of the evidence and understands the duty of speaking the truth.

No person shall be liable to be convicted of the offence unless the testimony admitting by virtue of this section and given on behalf of the prosecution is corroborated by some other material evidence in support thereof implicating the accused.
Any witness whose evidence has been admitted under this section shall be liable to be presented indicted or informed against and punished for perjury in all respects as if he or she had been sworn.

On the hearing before a justice of or on the trial of any person on a charge of having (during the life of his or her wife or husband) gone through the form of ceremony of marriage with some other person, the production of a copy of the register or other official record of a marriage or of an extract from such register or other official record shall on proof of the identity of such first-mentioned person be primâ facie evidence of his or her marriage or of his or her having gone through the ceremony of marriage:-

If such copy or extract is proved to be an examined copy or extract of or from the register or other official record of marriages kept in any portion of His Majesty’s dominions; or
If such a copy or extract is signed and certified as a true copy or extract by the officer to whose custody the original is intrusted, and if the facts that such officer is an officer intrusted with the custody of the original register or official record and that the signature thereto is the signature of such officer and that such register or other official record is an official record within the meaning of this Act purports to be certified to by a judge of a superior court of Governor or Administrator of the Government of that portion of His Majesty’s dominions in which such register or official record is kept.

For the purposes of the last preceding section, an official record of a marriage shall be such record of marriages as is required by law to be kept, or as is made by law evidence of marriages celebrated in that portion of His Majesty’s dominions in which the same is kept. Nothing in this or the last preceding section contained shall apply to the proof of marriages celebrated or of ceremony or marriage performed in Victoria.
On the hearing before a justice or on the trial of any person on a charge of having (during the life of his or her wife or husband) gone through the form or ceremony of marriage with some other person, such wife or husband (as the case may be) of the first marriage shall be competent but not compellable to give evidence for or against the accused, but the marriage of such wife or husband shall not be proved by the evidence of such witness alone.
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 Division four of Part One 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 appears to the court to be genuine and thereupon to decide and determine accordingly.
Where upon the trial of any person charged with any offence against Division Five of Part One it is 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 is false and counterfeit by the evidence of any moneyer or other officer of His 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.
Wherever by this Act doing any act matter or thing or having a specified article or thing in possession without lawful authority or excuse is made, or expressed to be an offence, the proof of such authority or excuse shall lie on the accused.
Where for the purposes of this Act it is necessary for any judge or chairman or for any court of petty sessions to determine the age of any person such judge or chairman or court shall determine such age as he or it may be best able having regard to the evidence or if there is no other sufficient evidence to the appearance of such person.
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.
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.
Every sheriff may issue subpœnas ad testificandum and subpœnas duces tecum in any criminal case to be tried at the Supreme Court and every deputy sheriff may issue such subpœnas in any criminal cases to be tried at sittings of the Supreme Court within any bailiwick for which he acts. Every such subpœna shall be sealed by the sheriff or deputy sheriff issuing the same, and every person served with any such subpœna shall be liable and subject to the like penalties for disobedience thereof as if the same had been issued out of the Supreme Court.
Whenever any person has been bound over by a justice to appear and give evidence or to appear for the purpose of producing documents on any trial before the Supreme Court or before a Court of General Sessions, or whenever a subpœna ad testificandum subpœna duces tecum or summons has been issued for the attendance of any person on any trial before the Supreme Court or a Court of General Sessions and a copy thereof has been duly served upon such person, and a reasonable sum of money has been paid or tendered to him for his costs and expenses in that behalf, the judge of such Supreme Court or the chairman of such Court of General Sessions may if such person neglects or refuses to attend issue his warrant to apprehend such person (or any person for whose attendance such subpœna has been issued and who is proved to be keeping out of the way to avoid service thereof), and may also order any such person to pay a fine not more than Twenty pounds, but no such fine shall exempt such person from any other proceedings for disobeying such subpœna or summons.

When a witness has been apprehended under a warrant as hereinbefore provided any justice may discharge such witness upon his entering into a recognisance with or without sureties at the discretion of such justice conditioned for his appearance at the time and place mentioned in the said warrant.

Variances and Amendment.

Where on any trial any variance appears between any statement name of description in the presentment indictment or information and the evidence offered in proof thereof or some words required by law to be inserted in the presentment indictment or information have been omitted therefrom or words which ought to have been omitted have been inserted the court may if it considers such variance omissions or insertion not material and that the defendant will not be prejudiced in his defence on the merits, order such presentment indictment or information to ne amended according to the proof in such manner as such court thinks fit, on such terms as to postponing the trial to be had before the same or another jury or otherwise as such court thinks reasonable or may postpone the trial as provided by section three hundred and ninety-four; and after any such amendment the trial shall proceed, whenever or wherever the same is proceeded with in the same manner in all respects and with the same consequences as if no variance omission or insertion had occurred.

Summing Up.

If any accused person is defended by counsel but not otherwise the presiding judge or the chairman of General Sessions as the case may be shall at the close of the case for the prosecution ask the counsel for such accused person whether he intends to adduce evidence, and in the event of his thereupon announcing his intention not to adduce evidence the counsel for the prosecution shall be allowed to address the jury a second time in support of his case for the purpose of summing up the evidence against such accused person; and upon every trial for an indictable offence whether the accused is defended by counsel or not he or his counsel respectively shall be allowed if he thinks fit to open his case, and after the conclusion of such opening such accused person or his counsel shall be entitled to examine such witnesses as he thinks fit and when all the evidence is concluded to sum up the evidence respectively, and the right of reply and practice and course of proceedings save as hereby provided shall be as at present.

Statements by Prisoners.

Where any person is charged upon indictment presentment or information with the commission of any indictable offence and upon his trial makes answer or defence thereto by his counsel, and such person desires also to make a statement of facts (without oath) in lieu of or in addition to any evidence on his behalf, such statement of facts shall only be made by such person, but where it is intended to be so made may be opened by the counsel of such person. Such statement shall in all cases be made by such person after the counsel appearing for the defence of such person or for the defence of other persons also charged in such indictment presentment or information has or have concluded his or their final address to the jury. Whenever any such statement is made the counsel for the Crown shall have the right of reply.

View.

The court may in any case if it thinks fit at any time before the jury have given their verdict direct that they shall view any place or thing which the court thinks it desirable that they should see and may give any directions necessary for that purpose. The Validity of the proceedings shall not be affected by disobedience to any such directions, but if the fact is discovered before the verdict is given the court may if it thinks fit discharge the jury and direct that a new trial shall take place during the same sitting or may postpone the trial as provided by section three hundred and ninety-four.

Verdict. Election in Cases of Larceny &c.

In cases where it is given in evidence on 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 is 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 find that such person was insane at the time of such offence, the court before which such trial is had shall order such person to be kept in strict custody in such place and in such manner as to the court seems fit until the Governor’s pleasure is known; and thereupon the Governor may give such order for the safe custody of such person during his pleasure in such place and in such manner as to him seems fit.
Where on the trial of any person for any felony or misdemeanour the jury are not satisfied that he is guilty thereof but are satisfied that he is guilty of an attempt to commit the same they may acquit him of the offence charged and find him guilty of such attempt; and thereupon he shall be liable to be punished in the same manner as if he had been convicted upon a presentment indictment or information for attempting to commit the particular felony or misdemeanour charged in the presentment indictment or information.
Where on the trial of a person for a misdemeanour it appears that the facts in evidence amount in law to felony, he shall not by reason thereof be entitled to be acquitted of such misdemeanour; and no person tried for such misdemeanour shall be liable afterwards prosecuted for felony on the same facts, unless the court before which such trial is had thinks fit in its discretion to discharge the jury from giving any verdict upon such trial and to direct such person to be presented 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
Where on the trial of any person for any felony except murder or manslaughter the presentment indictment or information alleges that the defendant did wound any person or did cause grievous bodily harm to any person and the jury are satisfied that the defendant is guilty of the wounding or of inflicting the grievous bodily harm charged in such presentment indictment or information but are not satisfied that the defendant is guilty of the felony charged they may acquit him of such felony and find him guilty of unlawfully wounding or of inflicting grievous bodily harm (as the case may be); and he shall be liable to punishment accordingly.
Where on the trial of a person for the felony of unlawfully and maliciously administering poison so as thereby to endanger life or for any other felony mentioned in the nineteenth section of this Act the jury are satisfied that the accused is guilty thereof but are satisfied that he is guilty of any misdemeanour mentioned in the twentieth section they may acquit him of such felony and find him guilty of such misdemeanour; and shall be liable to punishment accordingly.
Where on the trial of a person charged with rape or with having unlawfully and carnally known and abused a girl under the age of ten years, the jury are not satisfied that he is guilty thereof but are satisfied that he is guilty of an assault with intent to commit the same, they 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.

Where on the trial of a person charged with rape or with having unlawfully and carnally known and abused a girl under the age of ten years or with unlawfully and carnally knowing a girl of or above the age of ten year and under the age of sixteen years or with unlawfully and carnally knowing a woman or girl of or above the age of ten years, such woman or girl being to his knowledge his daughter or other lineal descendant or his step daughter the jury are satisfied that the accused is guilty of any offence against sections thirty-three or forty-one of this Act or any misdemeanour under sections forty-four or fifty-one of this Act, but are not satisfied that he is guilty of the felony charged or of an attempt to commit the same, then and in every such case the jury may acquit the defendant of such felony and find him guilty of such misdemeanour as aforesaid, and he shall be liable to punishment accordingly.

If any person tried for the murder of any child is acquitted thereof, the jury by whose verdict such person is acquitted may find (in case it so appears 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 a presentment indictment or information for the concealment of the birth.
When on the trial of a person for robbery it appears 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 may return as their verdict that the defendant is guilty of an assault with intent to rob; and he shall be liable to punishment accordingly.
Where on trial of a person for feloniously stealing cattle the jury are not satisfied that he is guilty of such felony but are satisfied that he is guilty of the misdemeanour of unlawfully taking using or working the cattle contrary to this Act, they may return as their verdict that he is not guilty of the felony charged but is guilty of such misdemeanour and he shall be liable to punishment accordingly.
Where on the trial of a person for embezzlement or the fraudulent application or disposition of property as a person employed in the public service of His Majesty or as a clerk servant or person employed for the purpose or in the capacity of a clerk or servant it appears that he took the property in such manner as to amount in law to larceny, the jury may acquit him of the offence charged and find him guilty of simple larceny or of larceny as a person employed in the public service of His 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 he shall be liable to punishment accordingly.

And where on the trial of a person for larceny it appears that he took the property in such manner as to amount in law to such embezzlement fraudulent application or disposition as aforesaid or to embezzlement as a clerk or servant or such person employed as aforesaid (as the case may be) the jury may acquit him of the offence charge and find him 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 he shall be liable to punishment accordingly.

Where on the trial of a person for obtaining property by false pretences it appears that he obtained the property in such manner as to amount in law to larceny of any kind the jury may acquit him of the offence charged, and find him guilty of such larceny as he shall be liable to punishment accordingly.
Where on the trial of a person for larceny it appears that the property alleged in the presentment indictment or information to have been stolen at one time was taken at different times, the prosecutor shall not be required to elect upon which taking he will proceed; unless it appears that there were more than three takings or that more than the space of six months elapsed between the first and last of such takings; and in either of such last-mentioned cases the prosecutor shall if the accused person so desires 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.
Where on the trial of two or more persons presented indicted or informed against for jointly receiving any property it appears that one or more of such persons separately received any part or parts of such property, the jury may convict upon such presentment indictment or information such of the said persons as are proved to have received any part or parts of such property.
Where any presentment indictment or information containing two or more counts both for feloniously stealing and receiving has been preferred against any person, the prosecutor shall not be put to his election; but the jury who try the same may 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 presentment indictment or information has been preferred against two or more persons, they jury who try the same may 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.

Where on 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 one hundred and ninety-sixth section of this Act the jury are not satisfied that such person is guilty thereof but are satisfied that he is guilty of any misdemeanour mentioned in the one hundred and ninety-seventh section, then they may return as their verdict that he is not guilty of the felony charged but is guilty of such misdemeanour; and he shall be liable to punishment accordingly.

Amendments not to prejudice Verdict or Judgement.

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

Judgements.

No judgement after the verdict in respect of 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 by any Statute, the indictment presentment or information shall after verdict be held sufficient to warrant the punishment prescribed by the Statute if it describes the offence in the words of the statute.
Upon all trials for felonies or misdemeanours before the Supreme Court or Court of General Sessions judgement may be pronounced during the sittings by the judge or chairman before whom the verdict is taken as well upon the person who has suffered judgement by default or confession as upon those who are tried and convicted, whether such persons are present or not in court, excepting only where the prosecution is by information filed by leave of the Supreme Court, or such cases of information filed by His Majesty’s Attorney-General wherein the Attorney-General prays that the judgement may be postponed.
Execution of the judgement of the Supreme Court or the judgement of the Court of General Sessions shall and may be had and done upon any person convicted before such courts respectively in the same way and as fully to all intents and purposes as execution of the judgement of any circuit court or court of general sessions could have been had and done previously to the fourth day of January One thousand eight hundred and seventy-five.

Restitution of Property Stolen &c.

Subject to the provisions of section eighty-one of the Goods Act 1915 where any person is convicted of any felony or misdemeanour such as is mentioned in Division two of Part One of this Act in stealing taking obtaining extorting embezzling converting or disposing of any property, or as is mentioned in Division one of Part Two of this Act in knowingly receiving any property, the court may order the restitution thereof, in a summary manner, to the owner or his representative.
Where any person charged with any such felony or misdemeanour is acquitted, the court in its discretion, on being satisfied that any property to which such information relates has been so stolen taken obtained extorted embezzled converted disposed of or received, may order in a summary manner the restitution of said property.
Where any valuable security has been boná fide paid by some person liable to the payment thereof, or being a negotiable instrument has been boná fide taken for a valuable consideration without notice or cause to suspect that the same had been dishonestly come by the court shall not order such restitution.

This and the two last preceding sections shall not 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.

The justices by whom any person is convicted under any of the sections hereof numbered seventy-two seventy-three and seventy-four may order restitution of property stolen, in those cases in which the court before whom the person convicted would have been tried but for these sections may be by law authorized to order restitution.

Procedure in Disagreement or Jury.

Where on the trial of a person for any offence the jury after six hours of deliberation are unable to agree on their verdict and the jury are discharged from giving a verdict the court may direct that a new trial shall take place during the same sitting or may postpone the trial as provided by section three hundred and ninety-four.

Power to commit for Perjury.

A judge of the Supreme Court or a chairman of any Court of General Sessions or a judge of the Court of Insolvency or a judge of any court of record or a court of petty sessions or a justice, or the sheriff or his lawful deputy before whom any inquiry or trial is held which the said sheriff is by law required or authorized to hold, in case it appears to him or it 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 it, may direct such person to be prosecuted for such perjury and may commit such person so directed to be prosecuted until some sittings of the Supreme Court or Court of General Sessions or may permit such person to enter into a recognisance with one or more sufficient surety or sureties conditioned for the appearance of such person at such sittings and that he will then surrender and take his trial and not depart the court without leave; and may require any person he or it thinks fit to enter into a recognisance conditioned to attend and give evidence against such person so directed to be prosecuted as aforesaid.

Crown Cases reserved.

If on the trial of any person convicted of any indictable offence in or before the Supreme Court or Court of General Sessions any question of difficulty in point of law has arisen, the judge or chairman may in his discretion reserve such question of law for the consideration and determination of the Full Court; and in any such case the court may respite the execution of the judgement on such conviction or postpone the judgement until such question of law has been considered and determined; and in either case the court in its discretion shall commit the person convicted to prison, or shall take a recognisance of bail with one or more sufficient surety or sureties and in each sum as the court thinks fit conditioned to appear before the court at such time or times and place as the court directs and receive judgement or render himself into custody as the case may be.
The judge or chairman by whom such question of law has been so reserved shall thereupon state a case setting forth the question or questions of law which has or have been so reserved with the special circumstances upon which the same has arisen and shall sign and transmit the same within a reasonable time to the Full Court; and the Full Court consisting of any three or five judges of the Supreme Court shall have power to hear and finally determine the said question or questions, and thereupon to affirm amend or reserve any judgement which has been given and in case of reversing any judgement to direct a new trial to be had, or to avoid such judgement and to order an entry to be made on the record that in the judgement of the said Full Court the party convicted ought not to have been convicted, or to direct judgement to be given thereon at some other session of the Supreme Court or Court of General Sessions if no judgement has been then given, or to make sure other order as justice may require. In case a new trial is directed and the person so convicted is in custody the Full Court may make such order as to bail as it thinks fit. The judgement and order (if any) of the Full Court shall be certified under the hand of the presiding Chief Justice or senior of the said judges and an office copy thereof shall be delivered or transmitted by the Prothonotary to the associate or clerk of the peace or the deputy of such clerk as the case may be, who shall enter the same on the original record in proper form.

The said associate or clerk or deputy shall if the accused person is in custody forthwith deliver or transmit to the sheriff or gaoler such office copy which shall be a sufficient warrant to such sheriff or gaoler and all other persons for the execution of the judgement as the same has been affirmed or amended, and execution shall be thereupon executed upon such judgement; and for the discharge of the person convicted from further imprisonment under the judgement if it has been reversed or avoided, and in that case such sheriff or gaoler shall forthwith discharge him from such imprisonment provided that if a new trial is directed such person may unless released on bail be detained in safe custody to await such new trial.

If the Full Court has reversed or avoided a judgement and has not directed a new trial the recognisance of bail (if any) given under the last preceding section shall be vacated by the Supreme Court or Court of General Sessions as the case may be; and if the Supreme Court or Court of General Sessions is directed to give judgement, the said court shall proceed to give judgement at the session directed by the Full Court, and if no such session has been directed may give such judgement at a session held at any place at which the court sits and at which the person convicted id bound by recognisance to appear or at any court at which he does appear

The Full Court when a case has been reserved for its opinion shall have power if it thinks fit to cause the case to be sent back for amendment; and thereupon the same shall be amended accordingly and the judgement of the Full Court shall be delivered after it has been amended.
When a judge of the Supreme Court or a chairman of General Sessions refuses to reserve any question of law under the provisions of this Act the applicant may apply to the Full Court for a rule or order nisi calling on such judge or chairman aforesaid and also upon the Attorney-General to show cause why such question should not be reserved for the opinion of the Full Court, and the Full Court may make the same absolute or discharge it with or without costs as it thinks proper.
The judge or chairman aforesaid upon being served with any such rule or order absolute shall reserve such question of law accordingly for the opinion of the Full Court; and thereupon the procedure defined by sections four hundred and seventy-seven four hundred and seventy-eight and four hundred and seventy-nine shall with any necessary modifications become applicable as if such judge or chairman had consented to reserve such question of law.

Costs.

Whenever any solicitor of the Supreme Court has 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 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 associate 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 directs; and after such taxation the said court or any judge thereof shall make such order or orders in relation as to it or him sees fit.
For the purpose of making any inquiries which may be necessary to give due effect to the provisions of the last preceding section, the said court or any judge thereof may summon or call before it or him in a summary way any solicitor who has been employed in such defence as aforesaid, and by examination of him on oath or otherwise may 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 may also order the attendance before it or him or any person or persons whose testimony may be conducive 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 solicitor and such person or persons as may be interested therein, the said court or a judge thereof may make such order as to it or him seems meet. No solicitor 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.
The court may 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 subject to any direction given by the judge tax and allow all bills of costs according to such scale as far as the same applies; 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 the civil business of the said court.

Court Fees not payable by Defendants.

It shall not be lawful to receive any court fees for the issuing of process on behalf of a person charged with felony or misdemeanour in any court or before any justice; nor to receive a fee from any such person for taking a recognisance of bail or issuing any writ or recording any appearance or plea to any presentment indictment or information or discharging any recognisance.

No Certiorari – Warrant not void for defects.

No presentment or indictment in any Court of General Sessions shall be removed by writ of certiorari into the Supreme Court.

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 is therein alleged that the party has been convicted and there is a good and valid conviction to sustain the same.

Actions.

All actions against any person for anything done in pursuance of this Act shall be commenced within six months after the fact committed 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.

No plaintiff shall recover in any such action if a tender of sufficient amends was made before action brought or if a sufficient sum is paid into court on behalf of the defendant after action brought.

If a verdict passes for the defendant or the plaintiff becomes nonsuit or discontinues his action after issue joined, or of judgement is given against the plaintiff, the defendant shall recover costs as between solicitor and client.

Apprehension of Offenders.

Any person may without warrant apprehend any person who is found committing an offence punishable as an indictable offence or on summary conviction by virtue of Division two Part One except only the offence of angling in the daytime and forthwith take him and any property found upon him before a justice to be dealt with according to law.
Every person to whom any property is offered to be sold pawned or delivered, and who has reasonable cause to suspect that any such offence has been committed on or with respect to such property, may and if in his power is required to apprehend and forthwith take before a justice the person offering the same together with such property to be dealt with according to law.
Any person may without warrant apprehend any person who is found committing any offence against the sixteenth or one hundred and thirtieth section of this Act or who is found committing any indictable offence in the night; and may forthwith take him or deliver him to a member of the police force to be taken before a justice to be dealt with according to law and the night shall for the purposes of this section be deemed to commence at nine o’clock of the evening of each day and to conclude at six o’clock of the morning of the succeeding day.
Any person present when any act is done or omitted to be done contrary to the twenty-third section hereof or when any injury is caused as in the said section mentioned by any such doing or omission may without warrant apprehend the offender and forthwith take him or deliver him to a member of the police force to be taken before a justice to be dealt with according to law.
If any person liable to be apprehended under the two last preceding sections assaults or offers any violence to any person authorized to apprehend or detain him or to any person acting in his aid and assistance, he shall be guilty of a misdemeanour; and shall be liable to imprisonment for a term of not more than three years.
Any member of the police force or the owner of the property injured or his servant or any person authorized by such owner may without warrant apprehend any person who is found committing an offence against Division three of Part One and may forthwith take him before a justice to be dealt with according to law.
Any member of the police force may without warrant apprehend any person lying or loitering in any highway yard or other place during the night whom he with reasonable cause suspects of having committed or being about to commit any felony against Division one two or thee of Part One of this Act and may forthwith take him and any property found upon him before a justice to be dealt with according to law.

Search Warrants for and Seizure of Things.

When any credible person on oath before a justice shows reasonable cause to suspect that any person has in his possession or on his premises any property with respect to which an offence punishable whether as an indictable offence or on summary conviction by virtue of Division two of Part One has been committed, the justice may grant a warrant to search such property as in the case of stolen goods.
Any police magistrate who is satisfied by information upon oath laid by any member of the police force of a rank not below that of inspector that there is reasonable ground for believing that there is in any building, receptacle or place.
1. Anything upon or in respect of which any indictable offence has been or is suspected to have been committed; or
2. Anything which there is reasonable ground to believe will afford evidence as to the commission of any such offence; or
3. Anything which there is reasonable ground to believe is intended to be used for the purpose of committing any indictable offence against the person for which the offender may be arrested without warrant;

May at any time issue a warrant under his hand authorizing some member of the police force or other person named therein to search such building receptacle or place for any such thing and to seize and carry it before the police magistrate issuing the warrant or some other justice to be by him dealt with according to law.

Subject to this section the rules to be observed with regard to warrants to search mentioned in the Justices Act 1915 shall extend and apply to warrants under this section
The provisions of this section shall be read and construed as in aid of and not in derogation of the provisions with regard to warrants to search contained in this or any other Act.
The Governor in Council may make regulations prescribing the form of any warrant to be issued under this section and any such regulations shall be published in the Government Gazette and shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting, and if not then within fourteen days after the next meeting of Parliament.

Where any credible person on oath before a justice shows reasonable cause to suspect that a person named or described has in his possession or on his premises any machine or implement or gunpowder or other explosive dangerous or noxious substance or things suspected to be made or kept or carried for the purpose of committing any of the felonies on Division one or three of Part One, such justice may grant a warrant to search for the same. And every person acting in the execution of any such warrant shall have the same powers which by the Explosives Act 1915 are given to persons searching under the warrant of a justice for explosives kept contrary to such Act.
If it is 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 bank note of any banker as defined in the two hundred and fifty-second section of this Act 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 of 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 paper 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 may grant a warrant to search for the same; and of the same is found upon such search, it shall be lawful to seize and carry the same before some justice 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 is tried or in case there is no such trial then by order of some justice, be defaced and destroyed or otherwise disposed of as such court or justice directs.
Where any coin is tendered as the King’s gold or silver coin to any person who suspects that the same is diminished otherwise than by reasonable wear or is counterfeit, such person may cut break bend or deface such coin; and if it has been diminished otherwise than by reasonable wear or is counterfeit, the person tendering the same shall bear the loss thereof; but if the same is due weight and lawful coin, the person cutting breaking bending or defacing the same shall receive the same at the rate it was coined for.
1. If any duplicate arises whether the coin is diminished in manner aforesaid or counterfeit, the matter shall be determined in a summary manner by any justice, who may examine upon oath as well the parties as any other person in order to the decision of such dispute.
2. The Treasurer of Victoria and his deputies and clerks, and all collectors of imposts and receivers of revenue, are hereby required to cut break or deface every piece of counterfeit or unlawfully diminished gold or silver coin tendered to them in payment of any part of such revenue.
If any person finds in any place or in the custody or possession of any person having the same without lawful authority or excuse any counterfeit coin or any instrument tool or engine intended for the counterfeiting of coin or any filings or clippings or any gold or silver bullion or any gold or silver in dust solution or otherwise which have been produced or obtained by diminishing or lighting any of the King’s gold or silver coin, he may and is hereby required to seize the same and to carry the same before a justice. And where any credible person on oath before a justice shows reasonable cause to suspect that a person named or described has in his custody or possession any such counterfeit coin or any instrument tool or engine intended for the counterfeiting of coin or any such filings clippings or bullion or any such gold or silver in dust solution or otherwise as aforesaid, such justice may grant a warrant to search for the same. The person finding any such article or thing under any search warrant shall carry the same before a justice who shall if necessary cause the same to be secured for the purpose of evidence. Thereafter the same shall forthwith be delivered up to the Treasurer of Victoria.

Search Warrants for Women and Girls.

If it appears to any justice, on information made before him on oath by any parent relative or guardian of any woman or girl or by any other person who in the opinion of such justice is boná fide acting in the interest of any woman or girl, that there is reasonable cause to suspect that such woman or girl is unlawfully detained for immoral purposes by any person within the jurisdiction of such justice, he may issue a warrant authorizing any person named therein to search for and when found to take to and detain in a place of safety such woman or girl she can be brought before a justice.
1. The justice before whom such woman or girl is brought may cause her to be delivered up to her parent or guardian or otherwise dealt with as circumstances may permit and require.
2. The justice at the time of or after issuing such warrant may issue another warrant for the arrest of any person of so unlawfully detaining such woman or girl and may order proceedings to be taken for prosecuting such person according to law.
3. A woman or girl shall be deemed to be unlawfully detained for an immoral purpose if she is so detained for the purpose of being unlawfully and carnally known by any man whether any particular man or generally, and
  1. Either is under the age of sixteen years; or
  2. If of or above the age of sixteen years and under the age of eighteen years is so detained against her will or against the will of her father or mother or of any other person having the lawful care or charge of her; or

If of or above the age of eighteen years is so detained against her will.

Any person authorized by warrant under this section to search for any woman or girl so detained as aforesaid may enter (if need be, by force) any house building or other place specified in such warrant, and may remove such woman or girl therefrom.
Every warrant issued under this section shall be addressed to and executed by some senior constable sergeant or other officer of police of higher rank, who shall be accompanied by the parent relative or guardian or other person making the information if such person so desire unless the justice otherwise directs.

Orders as to Guardianship of Girls.

Where on the trial of any offence under the provisions of this Act it is proved to the satisfaction of the court that the seduction or prostitution of a girl under the age if sixteen has been caused encouraged favoured or knowingly permitted by her father mother step-father step-mother guardian master or mistress, the court may divest such father mother step-father step-mother guardian master or mistress of all authority over her and may appoint the Secretary of the Department for Neglected Children or any person or persons willing to take charge of such girl to be her guardian until she has attained the age of twenty-one year or any age below that as the court may direct, and the Supreme Court or any judge thereof shall have from time to time power to rescind or vary such order by the appointment of any other person or persons as such guardian or in any other respect.

DIVISION TWO – Punishment.

Sentences for Indictable Offences.

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.
Whenever any person is convicted of any felony punishable with death except murder and the court before which such offender is convicted is of opinion that in the particular circumstances of the case such offender is a fit and proper person to be recommended for the royal mercy, such court may direct the proper officer to require and ask (whereupon such officer shall require and ask) if such offender has or knows anything to say why judgement of death should not be recorded against such offender; and in case such offender does not allege any matter or thing sufficient in law to bar such judgement, the court may abstain from pronouncing judgement of death upon such offender and instead of pronouncing such judgement may order the same to be entered of record; and thereupon such offender shall enter judgement of death on record against such offender in the usual form, and in the same manner as is now used, and as if judgement of death has actually been pronounced in open court against such offender by the court before which such offender has been convicted.
A record of every such judgement entered as aforesaid shall have the like effect and be followed by the same consequences as if such judgement had actually been pronounced in open court and the offender had been reprieved by the court.
Where any person has been convicted of any offence punishable with death and is 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.
No person convicted of felony shall suffer death or be sentenced to death unless it is for some felony which was punishable with death at the commencement of this Act or which shall by some Act hereafter to be passed be made punishable with death.
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:-
1. Shall 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, or
2. Shall being female be imprisoned to be imprisoned and kept to light labour or hard labour in any gaol, or
3. Shall not be kept to hard labour or to any labour, or
4. Shall 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.
Whenever imprisonment may be awarded for any indictable offence against Division one two three or seven of Part One, the court may in its discretion by the sentence to be passed in the offender, if he is a male apparently under the age of sixteen years, direct in addition to or in lieu of such award that he be privately whipped in such manner and as often not exceeding three times as the court directs; 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.
Where any male person apparently of the age of sixteen years or upwards is convicted of a crime under the ninth and eleventh the seventeenth the forty-first and forty-third and forty-fourth the forty-eighth the fiftieth the fifty-first the fifty-third the sixty-sixth or the one hundred and fourteenth section or of a crime punishable with imprisonment under the sixty-fifth section of this Act or of rape with mitigating circumstances the court before which he is convicted may in addition to the punishment awarded direct that the offender be once twice or thrice privately whipped.
1. Where any male person apparently of the age of sixteen years or upwards is convicted of an indictable offence against the person of another, and in the opinion of the court the commission of the offence was attended with or accompanied by cruelty or great personal violence the court may in addition to the punishment awarded direct that he be once twice or thrice privately whipped.
2. The number of strokes at each such whipping shall not exceed fifty; and 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 is 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 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.
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, the court may 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 awards.
Whenever sentence is 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, the court may award the imprisonment or detention for the subsequent offence to commence at the expiration of the imprisonment or detention to which such person has 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.
Whenever any person is convicted of any indictable misdemeanour punishable under this Act, the court may (if it thinks 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 recognisances and to find sureties both or either for keeping the peace and being of good behaviour; and in the case of any felony punishable under this Act, the court may if it thinks fit require the offender to enter into his own recognisances 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 section 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.

Indeterminate Sentences and Release on Recognisances of First Offenders &c.

When any person apparently of the age of seventeen years or upwards is convicted of any indictable offence and has been previously convicted on at least two occasions of any indictable offence or offences the judge of the Supreme Court or the chairman of the Court of General Sessions before which such person is convicted may declare that he is an habitual criminal and direct as part of his sentence that on expiration of the term of imprisonment then imposed upon him he be detained during the Governor’s pleasure in a reformatory prison.
1. Before passing any such sentence the judge or chairman may if he thinks fit hear evidence to enable him to determine whether or not any person so convicted should be declared an habitual criminal.
Where any person of the age of seventeen years or upwards is convicted of any indictable offence (whether such person has been previously convicted of any offence or not) the judge of the Supreme Court or the chairman of the Court of General Sessions before which such person is convicted may if he thinks fit, having regard to the antecedents associates age health or mental condition of the person convicted, the nature of the offence, or any special circumstances of the case:-
1. Direct as part of his sentence that on the expiration of the term of imprisonment then imposed upon him he be detained during the Governor’s pleasure in a reformatory prison; or
2. Without imposing any term of imprisonment upon him sentence him to be forthwith committed to a reformatory prison and to be there detained during the Governor’s pleasure.

Before passing any such sentence the judge or chairman may if he thinks fir hear evidence to enable him to determine whether such person should or should not be so detained.

Where any person apparently of the age of seventeen years or upwards:-
1. Is convicted by a court of petty sessions consisting of two or more justices one of whom is a police magistrate of any offence under Part Three of the Police Offences Act 1915, and sentenced to a term of imprisonment of not less than three months, and
2. Has been previously convicted on at least two occasions of any offence or offences under Part Three of the said Act or any corresponding provision previously in force or of any indictable offence or offences (whether of the same description of offence or not);

Such court of petty sessions may by order in the prescribed form direct that such person shall before the completion of such term of imprisonment be brought up at some sittings of the Supreme Court or of the Court of General Sessions to be named in such order in the place nearest or most convenient (having regard to time) to the place where such court of petty sessions is then held or to the gaol to which such person is committed or to which he may in due course be removed (whether within the same bailiwick or not) before the judge of the Supreme Court or the chairman of the Court of General Sessions (as the case may be) to be dealt with under the provisions as to indeterminate sentences of this Act.

Such person shall by virtue of such order and without any writ of habeas corpus or other writ be brought up before the judge or chairman (as the case may be) accordingly.
Every person brought up under any such order shall be deemed to be in the legal custody of the police constable gaoler or officer having the temporary charge of such person and acting under such order who shall in due course return such person into the custody from which he was so brought up.

The judge of the Supreme Court or the chairman of the Court of General Sessions before whom such person id brought up to be dealt with under the provisions as to indeterminate sentences of this Act;

Upon proof of the conviction and sentence by the court of petty sessions and of such previous convictions, and
after hearing such other evidence (if any) as he thinks desirable;

may by order direct that on the expiration of the term of imprisonment imposed by the court of petty sessions such person be detained during the Governor’s pleasure in a reformatory prison.

No authority other than such order shall be necessary to warrant the detention of any such person in a reformatory prison.

The Supreme Court or any three of the chairmen of General Sessions respectively (as the case may require) may make any rules and orders which such court or chairman may consider necessary for carrying the purposes of this section into effect and for regulating the times, form and mode of procedure, and generally the practice to be observed in the matters to which this section relates.
In the case of such rules and orders by the Supreme Court, the same shall be made pursuant to the Supreme Court Act 1915.
In the case of such rules and orders by the chairmen of General Sessions, the same shall be made in like manner as rules and orders may be made under the County Court Act 1915 and the provisions of such Act shall mutatis mutandis and so far as they are applicable apply to rules and orders made by chairmen of General Sessions hereunder.

The provisions of this subdivision with regard to previous convictions shall apply whether such previous convictions took place in Victoria for any offence relevant to the case or for any offence included in any of the classes of offences relevant to the case or elsewhere than in Victoria for any like offences and whether before or after the commencement of this Act.
Where at or after the commencement of this Act any person apparently of the age of eighteen years or upwards and not being a person sentenced under the provisions as to indeterminate sentences of this Act is confined in any gaol under sentence of imprisonment it shall be the duty of the Inspector-General of Penal Establishments to consult with the Indeterminate Sentences Board appointed as hereinafter provided as to whether it is desirable that such person should be transferred to a reformatory prison.
1. If the Inspector-General and the Board concur that such person should be so transferred the Board may report to that effect to the Minister accompanying the report with a full record of such person and a statement in writing of the reasons for so reporting.
2. The Minister shall lay such report record and statement before the Governor in Council who may if it seems fit upon consideration thereof by Order in Council that such person be transferred to a reformatory prison; and unless such person is transferred back to gaol under the provisions of this Act such Order shall operate as a remission of the residue of his sentence of imprisonment.
Where the behaviour of any person so transferred from a gaol to a reformatory prison is in the opinion of the Indeterminate Sentences Board such as to be injurious to the discipline of the reformatory prison or to the persons detained therein the Board may report to the Minister to that effect
1. The Minister shall lay such report before the Governor in Council who may if it seems fit upon consideration thereof direct by Order in Council that such person be transferred back to any specified gaol
2. Thereupon such person shall be removed to such gaol and shall pursuant to the original authority under which he was imprisoned serve the unexpired residue of his sentence; and the time spent in the reformatory prison shall not be reckoned as part thereof.
Where any such Order on Council is made directly that any person be transferred from a gaol to a reformatory prison or from a reformatory prison to a gaol no authority other than such Order in Council or a copy thereof purporting to be signed and certified as a true copy by the officer wo whose custody the original is intrusted shall be necessary to warrant such transfer or the detention of such person.
No person transferred from a gaol to a reformatory prison under the provisions of this Act shall be detained in such reformatory prison for any longer period than the unexpired residue of his sentence.
Notwithstanding anything contained in this Act the provisions as to indeterminate sentences of this Act with respect to sentencing persons to be detained in a reformatory prison or with respect to the transfer of persons from a gaol to a reformatory prison shall not apply to persons convicted of any offence punishable by death or by imprisonment for life.
The Governor in Council by Order published in the Government Gazette may:-
1. Set apart any gaol or part thereof or other suitable place to be a reformatory prison under the provisions as to indeterminate sentences of this Act, or
2. Set apart any reformatory prison or any part thereof for the detention of habitual criminals or persons of any prescribed class.

Every reformatory prison shall subject to this Act be deemed to be a gaol within the meaning of the Gaols Act 1915.

Subject to the provisions of this Act every person detained in a reformatory prison shall be so detained during the Governor’s pleasure
Every person detained in a reformatory prison shall subject to the regulations work at some trade or vocation or be employed in some labour.
1. The products of his work shall be sold or otherwise disposed of.
2. Of the net proceeds arising from the sale or disposal of the products of his work such portion as may be prescribed shall be credited to him; or such portion as may be prescribed of the wages earned by him according to the scale prescribed for the class of labour in which he is employed shall be credited to him.
3. The manner of dealing with the remainder of such net proceeds or wages shall be as prescribed; and such amounts thereof as may be prescribed shall in the discretion of the Indeterminate Sentences Board be applied from time to time towards the maintenance during the period of his detention of his wife and family (if any) or of any person dependent upon him.
4. An account of the same shall be kept in each reformatory prison and any sum standing to his credit on his release on probation shall be handed over to him.
When the Governor in Council after consideration of the recommendation of the Indeterminate Sentences Board determines that any person detained in a reformatory prison has sufficiently reformed or that there is some other good and sufficient reason for his release the Governor in Council may by Order direct the release of such person on probation in the case of any person who has been transferred from a gaol to a reformatory prison for a period not exceeding the then unexpired portion of his sentence and in any other case for a period of two years and every such person shall be do released accordingly.
Every person so released while he remains in Victoria shall unless otherwise prescribed once at least in every three months during the said period of probation personally report his address and occupation at the office of the member of the police force in charge of the police station at the place in which he was convicted or at such other place as may be prescribed.
Where it appears to a justice by information on oath that any person so released has at any time during the period of probation:-
1. Failed to report his address and occupation at the time and in the manner required by or under this Act; or
2. Been associated with reputed thieves or reputed cheats or other reputed criminals,

Such justice may issue a summons under his hand requiring such person to attend before a court of petty sessions to be dealt with according to law or may issue a warrant under his hand to apprehend such offender and bring him before a court of petty sessions to be dealt with according to law. The provisions of section twenty-three of the Justices Act 1915 shall apply to every such summons.

If during the period of probation a person so released:-

Is proved to any such court of petty sessions to have failed (without some excuse which such court deems reasonable) to report his address and occupation at the times and in the manner required by or under this Act, or to have been so associating with reputed thieves or reputes cheats or other reputed criminals; or
Is convicted of any indictable offence or of any offence punishable on summary conviction for which imprisonment for a period exceeding three months may be imposed,

Then and in any of such cases the court of petty sessions before which such proof is given or the judge of the Supreme Court, or the chairman of the Court of General Sessions of the peace or the court of petty sessions before which he is so convicted may by order direct that such person on the completion of the term of imprisonment (if any) then imposed in him be recommitted to a reformatory prison during the Governor’s pleasure; and he shall be so recommitted and detained accordingly; and any warrant necessary for his recommittal or detention may be issued accordingly.

If during the period of probation none of the events aforesaid happens the person so released shall be deemed to have suffered in full the imprisonment and detention or the detention (as the case may be) to which he was sentenced.
Subject to the provisions of the Public Services Act 1915 the Governor in Council may appoint for each reformatory prison for males a superintendent, and for females a matron, and such officer’s attendants and employees as may be necessary and may remove any person so appointed.
For the purpose of this subdivision there shall be constituted a Board to be called the Indeterminate Sentences Board.
1. The Board shall consist of three members who shall be appointed by the Governor in Council.
2. Any two members shall form a quorum; but the three members of the Board shall be present when any resolution is carried recommending the release on probation of any person detained in a reformatory prison of the transfer of any person from a gaol to a reformatory prison, or from a reformatory prison to a gaol.
3. The Governor in Council may at any time remove any members of the Board and fill up any vacancy however occurring in the office of any member of the Board and appoint a person to act temporarily as a member of the Board during the absence of any member through illness or any cause which in the opinion of the Governor in Council renders such temporary appointment necessary.
4. It shall be the duty of the Board:-
  1. To make careful inquiry as to whether any persons detained in any reformatory prison are sufficiently reformed to be released on probation or whether they are any good and sufficient reasons for the release on probation of any persons so detained;
  2. To consult with the Inspector-General of Penal Establishments and to make careful inquiry as to whether pursuant to this subdivision any person should be transferred from a gaol to a reformatory prison;

To make recommendations to the Governor in Council as to the release on probation of any person so detained in a reformatory prison or with the concurrence of the Inspector-General of Penal Establishments as to any such transfer setting forth in each case the reasons for the recommendation;

In making any recommendation as to such release to have regard to the safety of the public or of any individual or class of persons and the welfare of the person whom it is proposed to release;
To report to the Governor in Council as to any matters on which the Governor in Council may desire a report with regard to any such release on probation or the transfer of any person from gaol to a reformatory prison or from a reformatory prison to gaol.

On or before the thirtieth day of September in each year the Board shall report to the Minister as to:-
1. The operations of the Board up to the preceding thirtieth day of June;
2. The number of persons detained transferred released on probation or recommitted during the period covered by the report; and
Generally as to the operation and effect of this subdivision and the regulations.
The Board shall execute all such other powers and duties as may be conferred on it by any Act or by the Governor in Council.

Where any person not having been previously convicted of any offence (whether an indictable offence or an offence punishable upon summary conviction) for which he was sentenced or adjudged to be imprisoned not in default of payment of a fine merely is convicted of an indictable offence or of an offence punishable upon summary conviction and is sentenced or adjudged to be imprisoned for a term not exceeding three years the judge of the Supreme Court or the chairman of the Court of General Sessions of the peace before which or the court of petty sessions before which the offender is so convicted, having regard to:-
1. The antecedents character associates age health or mental condition of the offender;
2. The trivial nature of the offence; or
3. Any extenuating circumstances under which in the opinion of the judge or chairman or of the court of petty sessions the offence was committed,

May if he or it thinks it expedient suspend the execution of the sentence upon the offender entering into a recognisance as hereinafter mentioned.

The judge or chairman of the court of petty sessions may if he or it thinks fit hear evidence to enable him or it to determine whether or not he or it should exercise the powers conferred by this section.

The Governor in all cases in which he is authorized on behalf of His Majesty to extend mercy to any offender under sentence of imprisonment pronounced when such offender was under the age of twenty-five years not being an offender who has been at any time previously released from custody on entering into recognisance under this Act or under the corresponding provisions of any enactment hereby repealed may extend mercy on condition of such offender entering into a recognisance as hereinafter mentioned.
Every such recognisance:-
1. Shall be in such amount and without sureties or with one or more sureties as the judge or chairman or the court of petty sessions of the Governor (as the case may be) may direct;
2. Shall be conditioned that the offender be of good behaviour for a period to be fixed by the judge chairman or court of petty sessions or by the Governor (as the case may be) not being less than twelve months from the date thereof or such longer period as may be equal to the term of the sentence, or in case of an offender to whom the Governor may extend mercy the term of the sentence then unexpired;
3. May if the judge or chairman or the court of petty sessions or the Governor (as the case may be) think fit contain additional conditions with respect to all or any of the following matters:-
  1. The supervision of the offender by a probation officer during the period specified in the recognisances and such other conditions for securing such supervision as may be specified therein;
  2. For prohibiting the offender from associating with thieves and other undesirable persons or from frequenting undesirable places;

As to the abstention of the offender from intoxicating liquor when the offence was an offence under sections twenty-two and twenty-three of the Police Offences Act 1915 or an offence committed under the influence of liquor;

Generally for securing that the offender shall lead an honest and industrious life.

Where such recognisance is entered into the offender shall be released from custody but shall be liable to be committed to prison to undergo sentence or the residue thereof under the circumstances hereinafter mentioned.
The Governor in Council may appoint fit persons to be probation officers for the purposes of this Act, and may remove any person so appointed.
It shall be the duty of every such probation officer, subject to the regulations:-
1. To visit or receive reports from any person under the supervision of such probation officer at such reasonable intervals as may be prescribed;
2. To see that such person observes the conditions of his recognisance;
3. To advise assist and befriend such person and when necessary to endeavour to find him suitable employment.
Where it appears to a justice by information on oath that any such offender has failed to observe any of the conditions of his recognisance such justice may issue a summons under his hand requiring such offender to attend before a court or petty sessions to be dealt with according to law or may issue a warrant under his hand to apprehend such offender and bring him before a court of petty sessions to be dealt with according to law. The provisions of section twenty-three of the Justices Act 1915 shall apply to every such summons.

The court of petty sessions before which such offender is so summoned or brought may upon being satisfied by evidence that such offender had failed to observe any of the conditions of his recognisance adjudge him to be guilty of misbehaviour for which such recognisance shall be forfeited and may direct that he be committed to prison to undergo the sentence execution of which was suspended; and any justice sitting in such court may sign any warrant that may be necessary for the purpose; and thereupon such sentence or the residue thereof (as the case may be) shall begin to run as from the day on which the offender was so committed to prison of he is then before the court, and if not, then from the date of his subsequent arrest.

If any such offender has not during the period limited by his recognisance or within three months from the expiration thereof been so adjudged guilty of misbehaviour in respect of any failure during such period to observe any of the conditions of his recognisance he shall ipso facto be discharged from the sentence.
The provisions of this Act with regard to the release of first offenders on recognisance shall be in aid of and not in derogation of any provisions of the Children’s Court Act 1915 with respect to the children within the meaning of that Act.
The Governor in Council may make regulations not inconsistent with this subdivision:-
1. For the conduct management control inspection and supervision of reformatory prisons set apart for habitual criminals and for other reformatory prisons;
2. For the good order discipline employment and health of persons detained therein;
3. Prescribing the trades vocations or classes of work at which persons detained in reformatory prisons are to be employed;
4. Prescribing the mode of sale and disposal of the products of the work of persons so detained;
5. Prescribing the disposal of the proceeds of such sale;
6. Prescribing scales of wages for the several classes of labour in which persons detained in reformatory prisons may be employed; and the disposal of such wages;
7. Empowering a visiting justice for any breach of prison discipline by any person detained in a reformatory prison to impose a fine not exceeding Twenty shillings upon such person to be deducted from any sum at any time standing to the credit if such person in the account kept in the reformatory prison, in addition to or substitution for any other punishment which a visiting justice is empowered to inflict under the Gaols Act 1915;
8. Prescribing what classes or persons may be detained in reformatory prisons set apart for habitual criminals or in any other classes of reformatory prisons;
9. Prescribing such matters incidental to the appointment resignation and removal of members of the Indeterminate Sentences Board and to the performances of the duties of the Board and the regulation of its proceedings as may be necessary or convenient;
10. Prescribing such matters incidental to the appointment resignation and removal of probation officers, and the performance of their duties and reports to be made by them as may be necessary or convenient;
11. Prescribing forms to be used under this subdivision; and
12. Prescribing all matters necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this subdivision.
All such regulations when made by the Governor in Council shall be published in the Government Gazette and when so published shall have the force of law and shall be judicially noticed and shall be laid before both Houses of Parliament within fourteen days after the same shall have been made if Parliament be then sitting and if not then within ten days after the next meeting of Parliament, and a copy of the proposed regulations shall be posted to each Member of Parliament at least twenty-one days before such regulations are approved by the Governor in Council.
Nothing in this subdivision or Act shall in any manner affect His Majesty’s royal prerogative of mercy.

Summary Convictions. Penalties. Enforcement.

Whenever imprisonment may be awarded for any offence punishable on summary conviction under this Act, the justices may direct that the offender be imprisoned or be imprisoned and kept to hard labour in any gaol.
Where any person is summarily convicted before justices of any offence against any of the provisions of Division two or three of Part One, other than the seventy-second and the five sections next following the same and it is a first conviction, the justice may if he so thinks fit discharge the offender from this conviction upon his making such satisfaction to the party aggrieved for damages and costs or either of them as is ascertained by the justice.
In case any person convicted of any offence punishable upon summary conviction by virtue of any of the provisions of Division two or three of Part One, other than the seventy-second and the five sections next the same, has paid the sum adjudged to be paid together with costs under such conviction, or has received a remission thereof from the Crown, or has suffered the imprisonment awarded for non-payment thereof or the imprisonment adjudged in the first instance, or has been discharged from his conviction by any justice as aforesaid, he shall be released from all further or other proceedings for the same cause.
Every sum of money which under Division two or three of Part One, is 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 justices) shall (save where herein otherwise provided) be paid to the party aggrieved; except where he is unknown, and in that case such sum shall be paid and applied to the consolidated revenue. Provided that where several persons join in the commission of the same offence and upon conviction thereof each is adjudged to forfeit a sum equivalent to the value of the property or to the amount of the injury in every 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.
In every case of a summary conviction under Division two or three of Part One, where the sum which is forfeited for the value of the property stolen or taken or for the amount of the injury done or which is imposed as a penalty is not paid either immediately or within such period as the court appoints the convicting justices (unless where otherwise specially directed) may commit the offender to be imprisoned only or to be imprisoned and kept to hard labour for a term of not more than two months where the amount of the sum forfeited or of the penalty imposed or of both (as the case may be) does not exceed Five pounds; and for a term of not more than four months where the amount exceeds Five pounds but does not exceed Ten pounds; and for a term of not more than six months in any other case.

Execution of Capital and other Sentences.

Sentence of death shall be carried into execution within the walls or enclosed yard of such gaol as the Governor may by writing under his hand direct and not elsewhere by the sheriff or his deputy
The sheriff the gaoler and such officers of the gaol as he requires, including the medical officer shall be present within such walls or yard at every 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 sheriff thinks fit to admit.
Every person present at any such execution shall remain within the walls or enclosed yard of the gaol until the sentence has been completed, and until the medical officer has signed a certificate in the form set forth in the Seventh Schedule; and the 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 Eighth Schedule.
The body of the person executed shall not be buried nor removed from the gaol within eight hours next after such execution nor till after inquest as hereinafter provided; and every person who within that time produces to the gaoler of such gaol an order from any justice requiring such gaoler to admit the bearer of such order to view the boy of such person shall be admitted by such gaoler accordingly.
The coroner acting for the district in which the gaol is situated wherein a sentence of death has 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 inquire and find whether such sentence was duly carried into execution.
Whosoever subscribes any certificate or declaration as aforesaid knowing it to contain any false statement, or who buries or removes from such gaol within eight hours the body of the person executed shall be guilty of felony; and shall be liable to imprisonment for a term of not more than seven years.
Each certificate and declaration as aforesaid shall be forthwith transmitted by the sheriff 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.
The body of every person executed shall be buried within the precincts of the gaol in which he has been last confined after conviction, and the sentence of the court shall so direct.
Every sentence of imprisonment or of imprisonment or detention with hard labour which is 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.
Judgement shall not be given or awarded against any person convicted of any offence that such person do stand in or upon the pillory.

Commutation Mitigation and Remission.

The Governor may grant to any person under any sentence of imprisonment with hard labour or detention with hard labour who has 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 has been so sentenced, on condition that he shall not remain in or come within Victoria during the residue of the said term.
The Governor in Council may make such rules and regulations as he thinks fit for the mitigation or remission conditional or otherwise of any sentence or imprisonment or of imprisonment or detention with hard labour as an incentive to or reward for good conduct whilst the offender is imprisoned or detained under such sentence, and to mitigate or remit the term of punishment accordingly.
The Governor, in all cases in which he is authorized on behalf of His Majesty to extend mercy to any offender under sentence or judgement of death whether actually pronounced or recorded only, may 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 thinks fit; and also (if he thinks proper) may direct that any offender so pardoned shall be kept to hard labour in irons for a term not more than 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 has been so pardoned; and also may direct that such offender shall be kept in solitary confinement for any portions of such term or term not other than or more than those for which solitary confinement may be awarded under this Act; and in every such case the Governor may if he sees fit exercise in addition in respect of such person the powers vested in the court by the five hundred and tenth section, and the word “sentence” in the said section shall for this purpose mean the direction given by the Governor in that behalf.
Such extension of mercy shall be signified by the Chief Secretary to any judge of the Supreme Court, 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.
It shall be lawful on the release from custody of any person found by a jury to be insane at the time of committing an offence and ordered pursuant to section four hundred and fifty-one of this Act to be kept in custody during the pleasure of the Governor to impose in the order for such release any conditions upon which such release is granted.
1. Where it appears to a justice by information on oath that any person so released has failed to observe any of such conditions such justice may issue a summons under his hand requiring such person to attend before a court of petty sessions to be dealt with according to law or may issue a warrant under his hand to apprehend such person and bring him before a court of petty sessions to be dealt with according to law. The provisions of section twenty-three of the Justices Act 1915 shall apply to every such summons.
2. The court of petty sessions before which such person is so summoned or brought may upon being satisfied by evidence that such person has failed to observe any of the said conditions order that he be kept in strict custody in such place and in such manner as to the court seems fit until the Governor’s pleasure is known; and any justice sitting in such court may sign any warrant necessary for the purpose; and the Governor may thereupon give such order for the safe custody of such person during his pleasure in such place and in such manner as to him seems fit.
3. When any such order of a court of petty sessions is made it shall be the duty of the clerk of petty sessions for such court to forward forthwith to the Attorney-General a notice in writing stating that the order has been so made.
4. The provisions of this section shall extend and apply also to the case of any person ordered to be kept in custody under this section and subsequently released from such custody.
5. No proceeding shall be commenced under this section against any person without the authority in writing of a law officer.
The Governor in all cases in which he is authorized on behalf of His Majesty to extend mercy to any person under sentence of imprisonment may extend mercy on condition of such person entering into a recognisance as hereinafter mentioned before a justice.
Every such recognisance:-
1. Shall be in such amount and without sureties or with one or more sureties as the Governor may direct;
2. Shall be conditioned that the offender be of good behaviour for a period to be fixed by the Governor not being less than the term of the sentence then unexpired;
3. May if the Governor thinks fit contain additional conditions with respect to all or any of the following matters:-
  1. The supervision of the offender by a probation officer during the period specified in the recognisance and such other conditions for securing such supervision as may be specified therein;
  2. Prohibiting such persons from associating with thieves and other undesirable persons or from frequenting undesirable places;

As to the abstention of such person from intoxicating liquor;

Generally for securing that such person shall lead an honest and industrious life

Where such recognisance is entered into such person shall be released from custody but shall be liable to be committed to prison to undergo his sentence or the residue thereof under the circumstances hereinafter mentioned.
Where it appears to a justice by information on oath that any such person has failed to observe any of the conditions of his recognisance such justice may issue a summons under his hand requiring such person to attend before a court of petty sessions to be dealt with according to law or may issue a warrant under his hand to apprehend such offender and bring him before a court of petty sessions to be dealt with according to law. The provisions of section twenty-three of the Justices Act 1915 shall apply to every such summons.
1. The court of petty sessions before which such person is so summoned or brought may upon being satisfied by evidence that such person has failed to observe any of the conditions of his recognisance adjudge him to be guilty of misbehaviour for which such recognisance shall be forfeited and may direct that he be committed to prison for the unexpired portion of his original term of imprisonment; and any justice sitting in such court may sign a warrant that may be necessary for the purpose; and the period of imprisonment after such committal shall begin to run as from the day on which such person was so committed to prison of he is before the court, and of not, then from the date of his subsequent arrest.
2. If any such person has not during the period limited by his recognisance been so adjudged guilty of misbehaviour in respect of any failure during such period to observe any of the conditions of his recognisance he shall ipso facto be discharged from his original sentence.

Supplemental.

Without restricting the powers conferred by the five last preceding sections for the making of rules and regulations the Governor in Council may make regulations prescribing generally any matter or thing necessary or expedient to be prescribed for carrying out and giving effect to the said sections.

All such regulations shall be published in the Government Gazette and shall be laid before both Houses of Parliament within fourteen days of the making thereof if Parliament is then sitting and if not then within fourteen days after the next meeting of Parliament.

PART FOUR – PROPERTY OF PERSONS CONVICTED OF TREASON OR FELONY. ORDERS AS TO COSTS.

No confession verdict inquest conviction or judgement of or for any treason or felony or felo de se shall cause any attainer or corruption of blood or any forfeiture or escheat.
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.
If any person hereafter convicted of treason or felony for which he is sentenced to death or to any term exceeding twelve months of imprisonment at the time of such conviction holds any office under the Crown or other public employment, or is entitled to any pension or superannuation allowance payable by the public or out of any public fund, such office or employment shall forthwith become vacant and such pension or superannuation allowance shall forthwith determine and cease to be payable unless such person receives a free pardon within two months after such conviction or before the filling up of such office or employment if given a later period; and such person shall become and (until he has suffered the punishment to which he has been sentenced, or such other punishment as by competent authority may be substituted for the same, or received a free pardon) shall be incapable of holding any office under the Crown or other public employment or of being elected or sitting or voting as a Member of either House or Parliament or of exercising any right of suffrage or other parliamentary or municipal franchise.
The court by which judgement is pronounced or recorded upon the conviction of any person for treason or felony in addition to such sentence as may otherwise by law be passed may condemn such person to the payment of the whole or any part of the costs or expenses incurred in and about the prosecution and conviction for the offence of which he is convicted, and the payments of such costs and expenses or any part thereof may be ordered by the court to be made out of any moneys taken from such person on his apprehension, or may be enforced at the instance of any person liable to pay or who may have paid the same in such and the same manner (subject to the provisions of this Part) as the payment of any costs ordered to be paid by the judgement or order of any court of competent jurisdiction in any civil action or proceeding may for the time being be enforced. Provided that in the meantime and until the recovery of such costs and expenses from the person so convicted as aforesaid or from his estate the same shall be paid and provided for in the same manner as if this Part of this Act had not been passed, and any money which may be recovered in respect thereof from the person so convicted or from his estate shall be applicable to the reimbursement of any person or fund by whom or out of which such costs and expenses may have been paid or defrayed.
It shall be lawful for any such court as aforesaid if it thinks fit upon the application of any person aggrieved and immediately after the conviction of any person for felony to award any sum of money not exceeding the value of the property lost stolen injured or destroyed by way of satisfaction or compensation for any loss of property suffered by the applicant through or by means of the said felony, and the amount awarded for such satisfaction or compensation shall be deemed a judgement debt due to the person entitled to receive the same from the person so convicted, and the order for payment of such amount may be enforced in such and the same manner as in the case of any costs ordered by the court to be paid under the last preceding section of this Act.
The word “forfeiture” in the construction of this Part shall not include any fine or penalty imposed on any convict by virtue of his sentence, and the expression “convict” shall be deemed to mean any person against whom after the passing of this Act judgement of death or of imprisonment or of detention with hard labour has been pronounced or recorded by any court of competent jurisdiction in Victoria upon any charge of treason or felony.
When any convict dies or is adjudicated insolvent, or has suffered any punishment to which sentence of death if pronounced or recorded against him may be lawfully commuted, or has undergone the full term of imprisonment or detention with hard labour for which judgement has been pronounced or recorded against him, or such other punishment as may by competent authority have been substituted for such full term, or has received a pardon for the treason or felony of which he has been convicted, he shall thenceforth so far as relates to the provisions hereinafter contained cease to be subject to the operation of this Part.
No action for the recovery of any property debt or damage whatsoever shall be brought by any convict against any person during the time he is subject to the operation of this Part; and every convict shall be incapable during such time of alienating or charging any property or of making any contract save as hereinafter provided.
The Governor in Council (either generally or with reference to any particular case) may commit the custody and management of the property of any convict to a curator to be appointed in that behalf, and every such appointment may be revoked by the same or the like authority by which it is made; and upon any determination thereof either by revocation or by the death of any such curator a new curator may be appointed by the same or the like authority from time to time, and every such sew curator shall upon his appointment be and be deemed to be the successor in law of the former curator; and all property vested in and all powers given to such former curator by virtue of this Act shall thereupon devolve to and become vested in such successor who shall be bound by all acts lawfully done by such former curator during the continuance of his office, and the provisions hereinafter contained with reference to any curator shall in the case of the appointment of more than one person apply to such curators jointly.
Upon the appointment of any such curator in manner aforesaid all the real and personal property including choses in action to which the convict in such appointment was at the time of his conviction or afterwards while he continues subject to the operations of this Part becomes or is entitled shall vest in such curator for all the estate and interest of such convict therein.
If in the instrument by which any such curator is appointed provision is made for the remuneration of such curator out of the property of the convict the said curator may retain for his own benefit such remuneration accordingly.
The curator shall have absolute power to let mortgage sell convey and transfer any part of such property as to him seems fit.
The curator may pay or cause to be paid out of such property or the records thereof all costs and expenses which the convict has been condemned to pay, and also all costs charges and expenses incurred by such convict in and about this defence, and also all such costs charges and expenses the said curator incurs or is put to in or about the carrying this Part into execution with reference to such property or with reference to any claims which may be made thereon.
The curator may cause payment or satisfaction to be made out of such property of any debt or liability of such convict which may be established in due course of law or otherwise is proved to his satisfaction, and may also cause any property which comes to his hands to be delivered to any person claiming to be justly entitled thereto upon the right of such person being established in due course of law or otherwise to his satisfaction.
The curator may with consent of a judge of the Supreme Court cause to be paid or satisfied out of such property such sum of money by way of satisfaction or compensation for any loss of property or other injury alleged to have been suffered by any person through or by means of any alleged criminal or fraudulent act of such convict as to him or such judge seems just, although no proof of such alleged criminal or fraudulent act has been made in any court of law or equity; and all claims to any such satisfaction or compensation may be investigated in such manner as the curator with such consent thinks fit and the decision of the curator thereon shall be binding. Provided always that nothing in this Part shall take away or prejudice any right title or remedy to which any person alleging himself to have suffered any such loss or injury would have been entitled by law if this Act had not passed.
The curator may cause such payments and allowances for the support or maintenance of any wife or child or reputed child of such convict or of any other relative or reputed relative of such convict dependant upon him for support or for the benefit of the convict himself as to such curator seems fit to be made from time to time out of such property or the income thereof.
The several powers hereinbefore given to the said curator or any of them may be exercised by him in such order and course as to priority of payments or otherwise as he thinks fit, and all contracts of letting or sale mortgages conveyances or transferred of property boná fide made by the said curator under the powers of this Part and all payments or deliveries over of property boná fide made by or under the authority of the said curator for any of the purposes hereinbefore mentioned shall be binding, and the propriety thereof and the sufficiency of the grounds on which the said curator has exercised his judgement or discretion in respect thereof shall not be in any manner called in question by such convict or by any person claiming an interest in such property by virtue of this Part.
Subject to the powers and provisions in this Part hereinbefore contained all such property and the income thereof shall be preserved and held in trust by the said curator, and the income thereof may if and when the said curator thinks proper be invested and accumulated in such securities as he from time to time thinks fit for the use and benefit of the said convict or his personal representatives or of such other persons as may be lawfully entitled thereto according to the nature thereof; and the same and the possession and the administration and management thereof shall revest in and be restored to such convict on his ceasing to be subject to the operation of this Part or in and to his personal representatives or such other persons as may be lawfully entitled thereto; and all the powers and authorities by this Part given to the said curator shall from thenceforth cease and determine except so far as the continuance thereof is necessary for the care and preservation of such property or any part thereof until the same is claimed by some person lawfully entitled thereto, or for obtaining payment out of such property or the proceeds thereof of any liabilities or any costs charges or expenses for which provision is made by this Part for which purposes such powers any authorities shall continue to by in force until possession of such property is delivered up by the said curator to some person being or claiming to be lawfully entitled thereto.
The said curator shall not be answerable to any person for any property which has not actually come to his hands by virtue of this part nor for any loss or damage which happens through any mere omission or non-feasance on his part to any property vested in him by virtue hereof.
The costs as between solicitor and client of every action or suit which may be brought against the said curator with reference to any such property as aforesaid whether during the time while the same is and continues vested in him under this Part or after the same ceases to be so vested and all charges and expenses properly incurred by him with reference thereto shall be a first charge upon and shall be paid out of such property unless the court before which such action is tried or such suit is heard thinks fit otherwise to order
All judgements or orders for the payment of money of any court of law or equity against such convict which have been duly recovered or made either before or after his conviction may be executed against any property of such convict in the hands of any person who may have taken upon himself to possession or management thereof without legal authority in the same manner as if such property were in the possession or power of such convict; and all such judgements or orders may likewise be executed by writ of scire facias or otherwise according to the practice of the court against any such property which may be vested in any curator of the property of such convict under the authority of this Part.
The Attorney-General or any person who (if such convict were dead intestate) would be entitled to his real or personal estate or any share thereof or any person authorized by the Attorney-General in that behalf may apply in a summary was to any court which (if such convict were dead) would have jurisdiction to entertain a suit for the administration of his real or personal estate to issue a writ of summons calling upon any curator of the property of such convict appointed under this part or any person who without legal authority has possessed himself or any part of the property of such convict to account for his receipts and payments in respect of the property of such convict in such manner as such court directs, and such court thereupon may issue such writ rule or other process and may enforce obedience thereto and to all orders and proceedings of such court consequent thereon in the same manner as in any other case of process lawfully issuing out of such court, and such court shall thereupon have full power jurisdiction and authority to take all such accounts and to make and give all such orders and directions as to it seems proper or necessary for the purpose of searching the due and proper care administration and management of the property of such convict and the due and proper application of the same and of the income thereof and the accumulation and investment of such balances if any as may from time to time remain in the hands of any such curator or other person as aforesaid in respect of such property, and so long as any such proceedings shall be pending in any such court every such curator or other person shall act in the exercise of all powers vested in him under this Part or otherwise in all respects as such order directs.
Subject to the provisions of this Part every such curator and other person as aforesaid shall from and after the time when such convict shall cease to be subject to the operation of this Part be accountable to such convict for all property of such convict which has been by him possessed or received and not duly administered in the same manner in which any guardian or trustee is so accountable to his ward or cestnique trust, but subject nevertheless and without prejudice to the administration and application of such property under and according to the powers of this Part.
Nothing in this Part shall be deemed to alter or in anywise affect the law relating to felony in Victoria except as in this Part is expressly enacted.

PART FIVE – APPEALS IN CRIMINAL CASES. REFERENCES ON PETITIONS FOR MERCY.

DIVISION ONE – Interpretation.

In the construction of this Part unless inconsistent with the context or subject-matter:-

“Appellant” includes a person who has been convicted and desires to appeal under this Part;
“Full Court” means any three or any five judges of the Supreme Court and notwithstanding anything contained in any Act any judge of the Supreme Court before whom any person was tried and convicted or by whom any person was sentenced may sit on the hearing of any appeal by such person;
“Indictment” includes presentment and information;
“Prothonotary” means the prothonotary of the Supreme Court; and
“Sentence” includes any order of the court or of the judge or chairman thereof made on or in connexion with a conviction with reference to the person convicted or any property or with reference to any moneys to be paid by him.

DIVISION TWO – Right of Appeal and Determination of Appeals.

A person convicted on indictment may appeal under this Part to the Full Court:-
1. Against his conviction on any ground of appeal which involves a question of law alone; Provided that the Full Court in any such case may if it thinks fit decide that the procedure with relation to Crown cases reserved under Part Three of this Act should be followed and require a case to be stated accordingly under that Part in the same manner as if a question of law had been reserved and thereupon the provisions of the said Part shall with the necessary modifications apply accordingly;
2. Upon the certificate of the judge of the Supreme Court or chairman of general sessions before whom he was tried that it is a fit case for appeal against his conviction on any ground of appeal which involves a question of fact alone, or a question of mixed law and fact;
3. With the leave of the Full Court upon any such ground as is mentioned in sub-section (b) or any other ground which appears to the Full Court to be a sufficient ground of appeal; and
4. With the leave of the Full Court against the sentence passed on his conviction, unless the sentence is one fixed by law.
The Full Court on any such appeal against conviction shall allow the appeal if it thinks that the verdict of the jury should be set aside on the ground that it is unreasonable or cannot be supported having regard to the evidence or that the judgement of the court before which the appellant was convicted should be set aside on the ground of a wrong decision of any question of law or that on any ground there was a miscarriage of justice and in any other case shall dismiss the appeal.

Provided that the Full Court may, notwithstanding that it is of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no substantial miscarriage of justice has actually occurred.

Subject to the special provisions of this Part the Full Court shall, if it allows an appeal against conviction, quash the conviction and either direct a judgement and verdict of acquittal to be entered or direct a new trial to be had.
Where a new trial is directed the Full Court may make such order as to it seems fit for the safe custody of the appellant or for admitting him to bail.
On an appeal against sentence the Full Court shall, if it thinks that a different sentence should have been passes, quash the sentence passed at the trial and pass such other sentence warranted in law (whether more or less severe) in substitution therefor as it thinks ought to have been passed, and in any other case shall dismiss the appeal.

If it appears to the Full Court that an appellant, though not properly convicted on some count or part of the judgement, has been properly convicted on some other count or part of the indictment, the Court may either affirm the sentence passed on the appellant at the trial or pass such sentence in substitution therefor as it thinks proper and as may be warranted in law by the verdict on the count or part of the indictment on which the Court considers that the appellant has been properly convicted.
1. Where an appellant has been convicted of an offence and the jury could on the indictment have found him guilty of some other offence, and on finding the jury it appears to the Full Court that the jury must have been satisfied of facts which proved him guilty of that other offence the Court may instead of allowing or dismissing the appeal substitute for the verdict found by the jury a verdict of guilty of that other offence an pass such sentence in substitution for the sentence passed at the trial as may be warranted in law for that other offence not being a sentence of greater severity.
2. Where on the conviction of the appellant the jury has found a special verdict and the Full Court considers that a wrong conclusion has been arrived at by the court before which the appellant has been convicted on the effect of that verdict the Full Court may instead of allowing the appeal order such conclusion to be recorded as appears to the Court to be in law required by the verdict, and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law.
3. If on any appeal it appears to the Full Court that an appellant found guilty of the offence which he was charged was insane at the time of commission of such offence so as not to be responsible according to law for his actions the Court may quash the sentence passed at trial and order the appellant to be kept in strict custody until the Governor’s pleasure shall be known in the same manner as if the appellant had been found to be insane by the special verdict of the jury under section four hundred and fifty-one of this Act.
The operation of any order for the restitution of any property to any person or with reference to any property or the payment of money made on or in connexion with a conviction on indictment and the operation in case of any such conviction of the provisions of sub-section (1) of section eighty-one of the Goods Act 1915 as to the re-vesting of the property in stolen goods on conviction shall (unless the court before which the conviction takes place direct to the contrary in any case in which in its operation the title to the property is not in dispute) be sustained:-
1. In any case until the expiration of ten days after the date of the conviction; and
2. In cases where notices of appeal or leave to appeal is given within ten days after the date of conviction until the determination of the appeal;

And in cases where the operation of any such order or the operation of the said provisions is suspended until the determination of the appeal the order or provisions (as the case may be) shall not take effect as to the property in question if the conviction is quashed on appeal except by the special order of the Full Court. Provisions may be made by Rules of Court for securing the safe custody of any property pending the suspension of the operation of any such order of the said provisions.

The Full Court may by order annul or vary or refuse to annul or vary any order made on or in connexion with a conviction for the restitution of any property to any person or with reference to any property or the payment of money whether the conviction or sentence is or not quashed; and the order if annulled shall not take effect and if varied shall take effect as so varied.

All jurisdiction and authority under this or any other Act in relation to questions of law arising in criminal trials which are vested in the judges of the Supreme Court of the Full Court of the Supreme Court as constituted by the Supreme Court Act 1915 shall be vested in the Full Court for the purposes of this Part of this Act.

DIVISION THREE – Procedure.

Where a person convicted desires to appeal under this Act to the Full Court or to obtain the leave of that Court to appeal he shall give notice of appeal or notice of his application for leave to appeal in such manner as may be directed by Rules of Court within ten days of the date of conviction; Such rules shall enable any convicted person to present his case and his argument in writing instead of by oral argument if he so desires. Any case or argument so presented shall be considered by the Full Court.

Except in the case of a conviction involving sentence of death the time within which notice of appeal or notice of an application for leave to appeal may be given may be extended at any time by the Full Court.

In the case of a conviction involving sentence of death or corporal punishment:-

The sentence shall not in any case be executed until after the expiration of the time within which notice of appeal or of an application for leave to appeal may be given under this section; and
If notice is so given the appeal or application shall be heard and determined with as much expedition as practicable and the sentence shall not be executed until after the determination of the appeal or in cases where an application for leave to appeal is finally refused until after the determination of the application.

The judge of the Supreme Court or chairman of general sessions before whom a person is convicted shall in the case of an appeal under this Part against the conviction or against the sentence or in the case of an application for leave to appeal under this Part furnish to the prothonotary in accordance with Rules of Court his notes of the trial and shall also furnish to the prothonotary in accordance with the Rules of the Court a report giving his opinion upon the case or upon any point arising in the case.
For the purposes of this Act the Full Court may if it thinks it necessary or expedient in the interest of justice:-
1. Order the production of any document exhibit or other thing connected with the proceedings the production of which appears to it necessary for the determination of the case;
2. Order any witnesses who would have been compellable witnesses at the trial to attend and be examined before the Court whether they were or were not called at the trial or order the examination of any such witnesses to be conducted in manner provided by Rules of Court before any judge of the Supreme Court or before any officer of the Supreme Court or justice of the peace or other person appointed by the Full Court for the purpose and allow the admission of any depositions so taken as evidence before the Full Court;
3. Receive the evidence if tendered of any witness (including the appellant) who is a competent but not compellable witness and if the appellant consents of the husband or wife of the appellant in cases where the evidence of the husband or wife could not have been given at the trial except with such consent;
4. Where any question arising on the appeal involves prolonged examination of documents or accounts or any scientific or local investigation which cannot in the opinion of the Full Court conveniently be conducted before the Court order the reference of the question in manner provided by Rules of Court for inquiry and report to a special commissioner appointed by the Court and act upon the report of any such commissioner so far as it thinks fit to adopt it;
5. Appoint any person with special expert knowledge to act as assessor to the Full Court in any case where it appears to the Court that such special knowledge is required for the proper determination of the case;
6. Exercise in relation to the proceedings of the Court any other powers which may for the time being be exercised by the Supreme Court on appeals or applications in civil matters; and
7. Issue any warrants necessary for enforcing the orders or sentences of the Court:

Provided that in no case shall any sentence be increased by reason of or in consideration of any evidence that was not given at the trial.

The Attorney-General shall assign to an appellant a solicitor and counsel or counsel only in any appeal or new trial or proceedings preliminary or incidental to an appeal or new trial in which in the opinion of the Attorney-General it appears desirable in the interest of justice that the appellant should have legal aid and when in the opinion of the Attorney-General he has not sufficient means to enable him to obtain that aid.
An appellant if he desires shall notwithstanding that he is in custody be entitled to be present on the hearing of his appeal except where the appeal is on some ground involving a question of law alone but in that case and on an application for leave to appeal and on any proceedings preliminary or incidental to an appeal shall not be entitled to be present except where Rules of Court provide that he shall have the right to be present or where the Full Court gives him leave to be present.

The power of the Full Court to pass any sentence under this Part may be exercised notwithstanding that the appellant is for any reason not present.

The Attorney-General or counsel on his behalf may appear for the Crown on every appeal to the Full Court under this Part and a private prosecutor in the case of a private prosecution may undertake the defence of the appeal, and provision shall be made by Rules of Court for the transmission to the Attorney-General of all such documents exhibits and other things connected with the proceedings as he may require for the purpose of his duties under this section.
On the hearing and determination of an appeal or new trial or any proceedings preliminary or incidental thereto under this Part no costs shall be allowed on either side.
1. The expenses of any solicitor or counsel assigned to an appellant under this Part, and the expenses of any witnesses attending on the order of the Full Court or examined in any proceedings incidental to the appeal or new trial and of the appearance of an appellant on the hearing of his appeal or new trial or on any proceedings preliminary or incidental to the appeal or new trial, and all expenses of and incidental to any examination of witnesses conducted by any person appointed by the Full Court for the purpose, or any reference of a question to a special commissioner appointed by the Full Court or of any person appointed as assessor to the Full Court shall be defrayed up to an amount allowed by the taxing master of the Supreme Court and approved by any judge who was a member of the Full Court on the hearing of the appeal; but subject to any regulations as to rates and scales of payment made by the Governor in Council.
An appellant who is not admitted to bail shall pending the determination of his appeal be treated in such manner as may be directed by rules and regulations under section fifty-one of the Gaols Act 1915.
1. The Full Court may if it seems fit on the application of an appellant admit the appellant to bail pending the determination of his appeal, or where a new trial is directed until the termination of the new trial.
2. The time during which an appellant pending the determination of his appeal or pending a new trial is admitted to bail and subject to any directions which the Full Court may give to the contrary on any appeal, the time during which the appellant if in custody is specially treated as an appellant under this section shall not count as part of any term of imprisonment under this section. And in the case of an appeal under this Part any imprisonment of the appellant whether it is under the sentence passed by the court of trial or the sentence passed by the Full Court shall subject to any directions which may be given by the Full Court as aforesaid be deemed to be resumed or to begin to run as the case requires of the appellant is in custody as from the day on which the appeal is determined, and if he is not in custody as from the day on which he is received into prison under the sentence.
3. Where a case is reserved under subdivision twenty-four of Division one of Part Three of this Act this section shall apply to the person in relation to whose conviction the case is stated as it applies to an appellant.
4. Provision shall be made by rules and regulations under section fifty-one of the Gaols Act 1915 for the manner in which an appellant when in custody is to be brought to any place at which he is entitled to be present for the purposes of this Act, or to any place to which the Full Court or any judge of the Supreme Court may order him to be taken for the purpose of any proceedings of the Full Court, and for the manner in which he is to be kept in custody while absent from prison for the purpose, and an appellant whilst in custody in accordance with those rules shall be deemed to be in legal custody.
The prothonotary shall take all necessary steps for obtaining a hearing under this Part of any appeals or applications notice of which is given to him under this Act, and shall obtain and lay before the Full Court in proper form all documents exhibits and other things relating to the proceedings in the Court before which the appellant or applicant was tried which appear necessary for the proper determination of the appeal or application.
1. If it appears to the prothonotary that any notice of an appeal against a conviction does not show any substantial ground of appeal the prothonotary may refer the appeal to the Full Court for summary determination and where the case is so referred to Court may if it considers that the appeal is frivolous or vexations and can be determined without adjourning the same for a full hearing dismiss the appeal summarily without calling on any persons to attend the hearing or to appear for the Crown thereon.
2. Any documents exhibits or other things connected with the proceedings on the trial of any person on indictment shall be kept in the custody of the court of trial in accordance with Rules of Court made for the purpose for such time as may be provided by the Rules and subject to such power as may be given by the Rules for the conditional release of any such documents exhibits or things from that custody.
3. The Prothonotary shall furnish the necessary forms and instructions in relation to notices of appeal or notices of application under this Part to any person who demands the same and to officers of courts governor’s of gaols and such other officers or persons as he thinks fit and the governor of a gaol shall cause those forms and instructions to be placed at the disposal of prisoners desiring to appeal or to make any application under this Part, and shall cause any such notice given by a prisoner in his custody to be forwarded on behalf of the prisoner to the prothonotary.
4. The prothonotary shall report to the Attorney-General any case in which it appears to him that although no application has been made for the purpose a solicitor and counsel or counsel only ought to be assigned to an appellant under the powers given to the Attorney-General by this Part.
On any appeal or application for leave to appeal a transcript of the notes of the judge or chairman of the court of trial of where shorthand notes have been taken in accordance with any Act a transcript of such notes or any part thereof shall be made if the prothonotary so requests and furnished to the prothonotary for the use of the Full Court or any judge thereof; Provided that a transcript shall be furnished to any party interested upon the payment of such charges as the Attorney-General may fix.
1. The Attorney-General may also, if he thinks fit in any case, request a transcript of the notes to be made and furnished to him for his use.
2. The cost of making any such transcript where a transcript is requested to be made by the prothonotary or by the Attorney-General shall be defrayed in accordance with scales of payment fixed for the time being by the Attorney-General out of moneys provided by Parliament.

Rules of Court may make such provisions as is necessary for the verification of the transcript.

The powers of the Full Court under this Part to give leave to appeal, to extend the time within which notice of appeal or of an application for leave to appeal may be given, to allow the appellant to be present at any proceedings in cases where he is not entitled to be present without leave, and to admit an appellant to bail, may be exercised by any judge of the Supreme Court in the same manner as they may be exercised by the Full Court, and subject to the same provisions; but, if the judge refuses an application in the part of the appellant to exercise any such power in his favour, the appellant shall be entitled to have the application determined by the Full Court.
Rules of Court for the purpose of this Act shall be made by the judges of the Supreme Court. Rules so made may make provisions with respect to any matter for which provision is to be made under this Part by Rules of Court, and may regulate generally the practice and procedure under this Act, and the officers of any court before whom an appellant has been convicted, and the governor or other officers of any gaol or other officer having the custody of an appellant and any other officers or persons, shall comply with any requirements of those rules so far as they affect those officers or persons, and compliance with those Rules may be enforced by order of the Full Court or of any judge of the Supreme Court.

DIVISION FOUR – Reference on Petitions for Mercy.

Nothing in this Part shall affect the prerogative of mercy, but the Attorney-General on the consideration of any petition for the exercise of His Majesty’s mercy, having reference to the conviction of a person on indictment or to the sentence (other than sentence of death) passed on a person so convicted, may, if he thinks fit, at any time either:-
1. Refer the whole case to the Full Court and the case shall then be heard and determined by that Court as in the case of an appeal by a person convicted; or
2. If he desires the assistance of the judges of the Supreme Court on any point arising in the case with a view to the determination of the petition, refer that point to such judges for their opinion thereon, and such judges or any three of them shall consider the point so referred and furnish the Attorney-General with their opinion thereon accordingly.

SCHEDULES.

First Schedule.

Number of Act	Title of Act.	Extent of Repeal.
1079	Crimes Act 1890	So much as is not otherwise repealed.
1088	Evidence Act 1890	Section 71.
1231	Crimes Act 1891	So much as is not otherwise repealed.
1392	Supreme Court Act 1895	Sections 6,7, and 8.
1478	Crimes Act 1890 Amendment Act 1896	The whole.
1514	Mines Act 1897	Section 96.
1974	Secret Commissions Prohibition Act 1905	The whole.
2106	Indeterminate Sentences Act 1907	The whole.
2306	Crimes Act 1910	The whole.
2505	Crimes Act 1914	The whole.
2564	Criminal Appeal Act 1914	So much as is not otherwise repealed.

SECOND SCHEDULE.

Certificate of Dismissal.

To Wit.

We the undersigned of His Majesty’s Justices of the Peace for the [ ] of certify that on the day of 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] we did summarily adjudicate on the said charge and did dismiss the same.

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

Signed J.S and H.M.

THIRD SCHEDULE.

To Wit.

Be it remembered that on the day of in Victoria A.B. of in Victoria a boy [or girl] of the age of years [on the day of last past {these words to be inserted only if the case can be exactly determined}] is convicted before for that the said A.B. [state offence and time and place where committed] and adjudge the said A.B. to be committed to the reformatory school at ;and adjudge that [C.B. the father of the said A.B. or as the case may be] pay the sum of shillings every week for or towards the maintenance of the said A.B. the first payment to be made on day next; and such payments are to be made to collector of imposts at or such other person as may be for the time being appointed by the Governor in Council to receive the same.

To Wit.

Be it remembered that on the day of in Victoria A.B. of in Victoria a boy [or girl] of the age of years [on the day of last past {these words to be inserted only if the case can be exactly determined}] is proved to the satisfaction of us the undersigned justices of the peace for to have been [state description of the charge], and we adjudge the said A.B. to be committed to the care of the Department for Neglected Children; and we further adjudge that [C.B. the father of the said A.B. or as the case may be] pay the sum of shillings every week for or towards the maintenance of the said A.B. the first payment to be made on day next; and such payments are to be made to collector of imposts at or such other person as may be for the time being appointed by the Governor in Council to receive the same.

FOURTH SCHEDULE.

To Wit – The Attorney-General [or Solicitor-General] of our Lord the King presents that, &c.

[Subsequent counts may commence as follows:-]

And the said Attorney-General [or Solicitor-General] doth further present, &c.

[Signed] A.B. Attorney-General

[or Solicitor-General.] [or C.D. Prosecutor for the King.]

FIFTH SCHEDULE.

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

This is to certify that l decline to file any presentment [or indictment] against E.F. detained in the custody of the sheriff or the gaoler or officer in charge of the gaol at under upon a charge of

Given under my hand this day of

Signed J.H.P Attorney-General

SIXTH SCHEDULE.

To the Sheriff or Gaoler or Officer in Charge of the Gaol at in Victoria.

Whereas E.F. is detained in your custody under upon a charge of and where it has been certified to me by J.H.P Esq. His Majesty’s Attorney-General that he declines to file any presentment [or indictment] against the said E.F. for the said offence you are therefore hereby authorized 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

Signed K.L and M.N – Judges [or Judge] of the Supreme Court.

SEVENTH SCHEDULE.

I A.B. being the medical officer in attendance on the execution of C.D. at the gaol at do hereby certify and declare that l have this day witnessed the execution of the said 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 One thousand nine hundred and at the gaol at

EIGHTH SCHEDULE.

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 sittings of the Supreme Court held at on the day of and sentenced to death and that the said C.D. was in pursuance of the said sentenced hanged by the neck until his body was dead.

Dated this day of 19 at gaol at

Signed Sheriff

Gaoler

Turnkey

Constables

Justice of the Peace

Other Spectators.

Sourced from Austlii.