No. 233. reasonable or probable cause any property chattel money valuable 27 VICTORIA, security or other valuable thing, shall be guilty of felony; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding fifteen years. menaces. 113. Whosoever shall with menaces or by force demand any Demanding property chattel money valuable security or other valuable thing of mer any person with intent to steal the same, shall be guilty of felony ; 24 & 25 Vict. and being convicted thereof shall be liable to be imprisoned for any term not exceeding three years. c. 96 s. 45. ing to accuse. Ib. s. 46. 114. Whosoever shall send deliver or utter or directly or indi- Letter threatenrectly cause to be received knowing the contents thereof any letter or writing accusing or threatening to accuse any other person of any crime punishable by law with death or imprisonment for five years or upwards or of any assault with intent to commit any rape or of any attempt or endeavor to commit any rape or of any infamous crime as hereinafter defined, with a view or intent in any of such cases to extort or gain by means of such letter or writing any property chattel money valuable security or other valuable thing from any person, shall be guilty of felony; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding fifteen years. And the abominable crime of buggery committed either with mankind or with beast, and every assault with intent to commit the said abominable crime, and every attempt or endeavor 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. intent to extort. Ib. s. 47. 115. Whosoever shall accuse or threaten to accuse either the Accusing with person to whom such accusation or threat shall be made or any other person of any of the infamous or other crimes lastly hereinbefore mentioned, with a view or intent in any of the cases last aforesaid to extort or gain from such person so accused or threatened to be accused or from any other person any property chattel money valuable security or other valuable thing, shall be guilty of felony; and being convicted thereof shall be liable at the discretion of the Court to be imprisoned for any term not exceeding fifteen years. cute deeds &c. 116. Whosoever with intent to defraud or injure any other Inducing persons person shall, by any unlawful violence to or restraint of or threat of by force to exeviolence to or restraint of the person of another or by accusing or Ib. s. 48. threatening to accuse any person of any treason felony or infamous crime as hereinbefore defined, compel or induce any person to execute make accept endorse alter or destroy the whole or any part of any valuable security, or to write impress or affix his name or the name of any other person or of any company firm or copartnership or the seal of any body corporate company or society upon or to any paper or parchment in order that the same may be afterwards made or converted into or used or dealt with as a valuable security, shall be guilty of felony; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding fifteen years. 27 VICTORIA, No. 233. Immaterial whence menaces proceed. 24 & 25 Vict. c. 96 s. 49. Sacrilege. Burglary by breaking out. Ib. s. 51. Punishment of Burglary with wounding. What is part of a Entering house at night with intent &c. Ib. s. 54. Breaking into &c. building Ib. s. 55. 117. It shall be immaterial whether the menaces or threats herein before mentioned be of violence injury or accusation to be caused or made by the offender or by any other person. (7.) Sacrilege Burglary and Housebreaking. 118. Whosoever shall break and enter any church chapel meeting-house or other place of divine worship and commit any felony therein, or being in any church chapel meeting-house or other place of divine worship shall commit any felony therein and break out of the same, shall be guilty of felony; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding fifteen years. 119. Whosoever shall enter the dwelling-house of another with intent to commit any felony therein or being in such dwelling-house shall commit any felony therein and shall in either case break out of the said dwelling-house in the night, shall be deemed guilty of burglary. 120. Whosoever shall be convicted of the crime of burglary shall be liable at the discretion of the court to be imprisoned for any term not exceeding fifteen years. 121. Whosoever shall burglariously break and enter into any dwelling-house and shall assault with intent to murder any person being therein or shall wound beat or strike any such person shall be guilty of felony; and being convicted thereof shall suffer death. 122. No building although within the same curtilage with any dwelling-house and occupied therewith shall be deemed to be part of such dwelling-house for any of the purposes of this Part of this Act, unless there shall be 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. 123. Whosoever shall enter any dwelling-house in the night with intent to commit any felony therein shall be guilty of felony, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding seven years. 124. Whosoever shall break and enter any building and commit within curtilage, any 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 shall commit any felony therein and break out of the same shall be guilty of felony; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding ten years. Housebreaking &c. Ib. s. 56. 125. Whosoever shall break and enter any dwelling-house school-house shop warehouse or counting-house and commit any felony therein or being in any dwelling-house school-house shop warehouse or counting-house shall commit any felony therein and break out of the same shall be guilty of felony; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding ten years. 126. Whosoever shall break and enter any church chapel meet- 27 VICTORIA, ing-house or other place of divine worship or any dwelling-house or No. 233. any building within the curtilage school-house shop warehouse or Housebreaking counting-house with intent to commit any felony therein shall be &c. with intent guilty of felony; and being convicted thereof shall be liable at the 24 & 25 Vict. discretion of the court to be imprisoned for any term not exceeding c. 96 s. 57. seven years. &c. Ib. s. 58. 127. Whosoever shall be found by night armed with any dan- Armed by night gerous or offensive weapon or instrument whatsoever with intent to with intent &c. break or enter into any dwelling-house or other building whatsoever and to commit any felony therein, or shall be found by night having in his possession without lawful excuse (the proof of which excuse shall lie on such person) any picklock key crow jack bit or other implement of housebreaking, or shall be found by night having his face blackened or otherwise disguised with intent to commit any felony, or shall be found by night in any dwelling-house or other building whatsoever with intent to commit any felony therein, or within any inclosed yard garden or area without lawful excuse, the proof of which excuse shall lie on such person, shall be guilty of a misdemeanor; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding three years. offence of like nature. 128. Whosoever shall be convicted of any such misdemeanor as Subsequent in the last preceding section mentioned committed after a previous conviction either for felony or such misdemeanor shall on such sub- Ib. s. 59. sequent conviction be liable at the discretion of the court to be imprisoned for any term not exceeding seven years. (8.) Larceny in the House. Ib. s. 60. 129. Whosoever shall steal in any dwelling-house any chattel Larceny in the money or valuable security to the value in whole of five pounds or house. more shall be guilty of felony; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding ten years. Ib. s. 61. 130. Whosoever shall steal any chattel money or valuable Larceny with security in any dwelling-house and shall by menace or threat put menaces. any one being therein in bodily fear shall be guilty of felony; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding ten years. (9.) Larcenies in Manufactories, &c. facture. 131. Whosoever shall steal to the value of ten shillings any Stealing goods in woollen linen hempen or cotton yarn or any goods or article of silk process of manuwoollen linen cotton alpaca or mohair or of any one or more of those Ib. s. 62. materials mixed with each other or mixed with any other material whilst laid placed or exposed during any stage process or progress of manufacture in any building field or other place, shall be guilty of felony; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding ten years. 132. Whosoever having been entrusted for the purpose of Selling pawning manufacture or for a special purpose connected with manufacture or &c. goods en No. 233. trusted for manufacture. 27 VICTORIA, who shall be employed to make any felt or hat or to prepare or work up any woollen linen fustian cotton iron leather fur hemp cflax otton silk or any such materials mixed one with another or having been so entrusted as aforesaid with any other article materials fabric or thing or with any tools or apparatus for manufacturing the same shall sell pawn purloin secrete embezzle exchange or otherwise fraudulently dispose of the same or any part thereof, shall (where the case shall not fall within the last preceding section hereof) be guilty of a misdemeanor. Neglecting to return unused materials. Stealing from ships &c. 24 & 25 Vict. c. 96 s. 63. Stealing from ships in distress. Ib. s. 64. Possession of wrecked pro perty Ib. s. 65. 133. Whosoever having been entrusted or employed as in the last preceding section mentioned shall not use all the articles materials or things with or in respect of which he shall have been so as aforesaid entrusted or employed and shall neglect or delay for the space of thirty days after the work for or in respect of which he shall have been so entrusted or employed has been completed to return (if required in writing by the owner of such articles materials or things so to do) so much thereof as shall not be used as aforesaid to the person or persons entrusting him therewith, such neglect or delay shall be deemed to be a fraudulent disposition of such articles. materials or things so not used as aforesaid within the meaning of the said section. But no offender against either this or the last preceding section shall be liable to prosecution unless proceedings be commenced against such offender within six calendar months next after the offence shall have been committed. (10.) Larceny in Ships Wharfs &c. 134. Whosoever shall steal any goods or merchandise in any vessel barge or boat of any description whatsoever in any haven or in any port of entry or discharge or upon any navigable river or canal or in any creek or basin belonging to or communicating with any such haven port river or canal or shall steal any goods or merchandise from any dock wharf or quay adjacent to any such haven port river canal creek or basin, shall be guilty of felony; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding ten years. 135. Whosoever shall plunder or steal any part of any ship or vessel which shall be in distress or wrecked stranded or cast on shore or any goods merchandise or articles of any kind belonging to such ship or vessel, shall be guilty of felony; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding ten years. 136. If any goods merchandise or articles of any kind belonging to any ship or vessel in distress or wrecked stranded or cast on shore shall be found in the possession of any person or on the premises of any person with his knowledge and such person being taken or summoned before a justice shall not satisfy the justice that he came lawfully by the same, then the same shall by order of the justice be forthwith delivered over to or for the use of the rightful owner thereof; and the offender shall on conviction of such offence before the justice at the discretion of the justice either be imprisoned for any term not exceeding six months, or else shall forfeit and pay over and above the value of the goods merchandise or articles such sum of money not exceeding twenty pounds as to the justice shall seem 27 VICTORIA, meet. No. 233. 24 & 25 Vict. 137. If any person shall offer or expose for sale any goods offering wrecked merchandise or articles whatsoever which shall have been unlawfully property for sale. taken or shall be reasonably suspected so to have been taken from c. 96 s. 66. any ship or vessel in distress or wrecked stranded or cast on shore, in every such case any person to whom the same shall be offered for sale or any officer of the customs or excise or peace officer may lawfully seize the same and shall with all convenient speed carry the same or give notice of such seizure to some justice. And if the person who shall have offered or exposed the same for sale being summoned by such justice shall not appear and satisfy the justice that he came lawfully by such goods merchandise or articles, then the same shall by order of the justice be forthwith delivered over to or for the use of the rightful owner thereof upon payment of a reasonable reward (to be ascertained by the justice) to the person who seized the same; and the offender shall on conviction of such offence by the justice at the discretion of the justice either be imprisoned for any term not exceeding six months or else shall forfeit and pay over and above the value of the goods merchandise or articles such sum of money not exceeding twenty pounds as to the justice shall seem meet. (11.) Larceny or Embezzlement by Clerks Servants or Persons in the Public Service. or servants. Ib. s. 67. 138. Whosoever being a clerk or servant or being employed for Larceny by clerks the purpose or in the capacity of a clerk or servant shall steal any. chattel money or valuable security belonging to or in the possession or power of his master or employer, shall be guilty of felony; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding ten years. servants. 139. Whosoever being a clerk or servant or being employed for Embezzlement the purpose or in the capacity of a clerk or servant shall fraudulently by clerks or embezzle any chattel money or valuable security which shall be Ib. s. 68. 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 being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding ten years. Majesty's service. 140. Whosoever being employed in the public service of Her Larceny by perMajesty in Victoria shall steal any chattel money or valuable sons in Her security belonging to or in the possession or power of Her Majesty Ib. s. 69. or entrusted to or received or taken into possession by him by virtue of his employment, shall be guilty of felony; and being convicted (a) It is not necessary that the taking should v. Turner, 2 V.R. (L.), 84. be in the course of the accused's duty.-Reg. |