No. 233. 27 VICTORIA, 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. Scale of charges. No certiorari. 24 & 25 Vict. c. 96 s. 111. Ib. c. 99 s. 32. 397. It shall be lawful for the court to establish a scale of fees and charges for the conduct of business in the criminal jurisdiction of such court; and the associate clerk of a judge shall tax and allow all bills of costs according to such scale as far as the same shall apply; and for all business not comprehended within the said scale the like fees and charges shall be allowed as are sanctioned by the court for the conduct of business in the common law side of the said court. (18.) No Certiorari &c. 398. 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 Ib. c. 100 s. 72. Supreme Court; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted and there be a good and valid conviction to sustain the same. The owner of stolen property or receiver to conviction shall of his property. 24 & 25 Vict. c. 96 s. 100. (19.) Restitution of Property Stolen &c. 399. If any person be guilty of any such felony or misdemeanor prosecuting thief as is mentioned in the Second Part of this Act in stealing taking obtaining extorting embezzling converting or disposing of or as is have restitution mentioned in the Seventh Part of this Act in knowingly receiving any chattel money valuable security or other property whatsoever shall be informed against for such offence by or on behalf of the owner of the property or his executor or administrator and convicted thereof, in such case the property shall be restored to the owner or his representative; and in every case in this section aforesaid, the court before whom any person shall be tried for any such felony or misdemeanor shall have power to award from time to time writs of restitution for the said property or to order the restitution thereof in a summary manner. And if any person informed against for any such felony or misdemeanor as in the preceding part of this section mentioned shall have been acquitted thereof, it shall be lawful for the court in its discretion, if it shall be satisfied that any property to which such information relates has been so stolen taken obtained extorted embezzled converted disposed of or received, to award cause writs of restitution or to order in a summary manner the restitution of the property to the owner or his representative as aforesaid. Provided that if it shall appear before any award or order made that any valuable security shall have been bonâ fide paid or discharged by some person or body corporate liable to the payment thereof, or being a negotiable instrument shall have been bona fide taken or received by transfer or delivery by some person or body corporate for a just and valuable consideration without any notice or without any reasonable cause to suspect that the same had by any felony or misdemeanor been stolen taken obtained extorted embezzled converted or disposed of, in such case the court shall not award or order the restitution of such security. Provided also that nothing in this Exception. section contained shall apply to the case of any prosecution of any 27 VICTORIA, banker merchant attorney factor broker or other agent intrusted No. 233. with the possession of goods or documents of title to goods for any misdemeanor against this Act. justices in cer 400. It shall be lawful for the justices by whom any person is Restitution by convicted under any of the sections hereof numbered sixty-six sixty-tain cases. seven and sixty-eight to order restitution of the property stolen, in those cases in which the court before whom the person convicted would have been tried but for this Act may be by law authorised to order restitution. (20.) Apprehension of Offenders and Search Warrants. act of commit cond Part may without a war c. 96 s. 103. 401. Any person found committing any offence punishable a person in the either upon information as for an indictable offence or upon sum- ting any offence mary conviction by virtue of the Second Part of this Act (except against the Seonly the offence of angling in the daytime) may be immediately be apprehended apprehended without a warrant by any person and forthwith taken rant. with the property if any on or in respect of which such offence of 24 & 25 Vict. such person shall be committed before some neighboring justice to be dealt with according to law. And if any credible witness shall prove upon oath before a justice a reasonable cause to suspect that any person has in his possession or on his premises any property whatsoever on or with respect to which any offence punishable either upon information or upon summary conviction by virtue of the Second Part of this Act shall have been committed, the justice may grant a warrant to search for such property as in the case of stolen goods. Search warrant. And any person to whom any property shall be offered to be sold Any person to pawned or delivered, if he shall have reasonable cause to suspect property is that any such offence has been committed on or with respect offered may seize to such property, is hereby authorised and if in his power is ing it. required to apprehend and forthwith carry before a justice the party offering the same together with such property to be dealt with according to law. whom stolen the party offer committing other offences hended by any person. 402. It shall be lawful for any person whomsoever to apprehend Person found any person who shall be found committing any offence against the offences in the seventeenth one hundred and twenty-seventh or one hundred and night or certain twenty-eighth section of this Act or who shall be found committing may be appreany indictable offence in the night; and to convey him or deliver him to some constable or other peace officer in order to his being conveyed as soon as conveniently may be before a justice to be dealt with according to law: and the night shall for the purposes of this section be deemed to commence and conclude at the times respectively mentioned in the Second Part of this Act in that behalf. hend persons 403. It shall be lawful for any person whomsoever who shall be who may apprepresent when any act shall be done or omitted to be done contrary causing harm by to the twenty-fourth section hereof or when any injury shall be neglect. caused as in the said section mentioned by any such doing or omission to apprehend the offender; and to convey him or deliver him to some constable or other peace officer in order to his being conveyed as soon as conveniently may be before a justice to be dealt with according to law. 27 VICTORIA, No. 233. 404. If any person liable to be apprehended under the two last preceding sections shall assault or offer any violence to any person authorised to apprehend or detain him or to any person acting in his aid and assistance, every such offender shall be guilty of a misdeapprehend guilty meanor; and being convicted thereof shall be liable in the discretion of misdemeanor. of the Court to be imprisoned for any term not exceeding three Persons assaulting person authorised to 14 & 15 Vict. c. 19 s. 12. Who may apprehend persons offending against Third Part. 24 & 25 Vict. c. 97 s. 61. Who may appre hend persons and suspected. 24 & 25 Vict. c. 96 s. 104. years. 405. Any person found committing any offence against the Third Part of this Act whether the same be punishable upon information or upon summary conviction may be immediately apprehended without a warrant by any peace officer or the owner of the property injured or his servant or any person authorised by him; and forthwith taken before some neighboring justice to be dealt with according to law. 406. Any constable or peace officer may take into custody loitering at night Without warrant any person whom he shall find lying or loitering in any highway yard or other place during the night and whom he shall have good cause to suspect of having committed or being about to commit any felony against the First Second or Third Part Ib. c. 100 s. 66. of this Act; and shall take such person as soon as reasonably may be before a justice to be dealt with according to law. Ib. c. 97 s. 57. Justice may issue warrant to search for gun powder. 24 & 25 Vict. c. 97 s. 55. Ib. c. 100 s. 65. Justice may search for ma terials &c. for forgery. 24 & 25 Vict. c. 98 s. 46. 407. Any justice of any place in which any machine engine implement or thing or any gunpowder or other explosive dangerous or noxious substance is suspected to be made kept or carried for the purpose of being used in committing any of the felonies in the First or Third Part of this Act mentioned, upon reasonable cause assigned upon oath by any person, may issue a warrant under his hand and seal for searching in the daytime any house mill magazine storehouse warehouse shop cellar yard wharf or other place or any carriage waggon cart ship boat or vessel in which the same is suspected to be made kept or carried for such purpose as hereinbefore mentioned. And every person acting in the execution of any such warrant shall have, for seizing and removing to proper places and detaining every such machine engine implement and thing and all such gunpowder explosive dangerous or noxious substances found upon such search which he shall have good cause to suspect to be intended to be used in committing any such offence and the barrels packages cases and other receptacles in which the same shall be, the same powers which by " The Importation and Custody of Gunpowder Statute 1864" are given to persons searching under the warrant of a justice for gunpowder kept contrary to that Statute. 408. If it shall be made to appear by information on oath or issue warrant to affirmation before a justice that there is reasonble cause to believe that any person has in his custody or possession without lawful authority or excuse any note or bill of the Governor and Company of the Bank of England or Ireland or of any body corporate company or person carrying on whether within Victoria or elsewhere within the dominions of Her Majesty the business of bankers, or any frame mould or implement for making paper in imitation of the paper used for such notes or bills, or any such paper or any plate wood stone or other material having thereon any words forms devices or characters capable of producing or intended to produce No. 233. the impression of any such note or bill or any part thereof, or any 27 VICTORIA, 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 if he think fit grant a warrant to search for the same; and if the same shall be found upon such search, it shall be lawful to seize and carry the same before some justice of the peace to be by him disposed of according to law; and all such matters and things so seized as aforesaid shall, by order of the court where any such offender shall be tried or in case there shall be no such trial then by order of some justice, be defaced and destroyed or otherwise disposed of as such court or justice shall direct. be counterfeit may be bent &c. by receiver. 24 & 25 Vict. c. 99 s. 26. 409. Where any coin shall be tendered as the Queen's current Coin suspected to gold or silver coin to any person who shall suspect the same to be diminished otherwise than by reasonable wearing or to be counterfeit, it shall be lawful for such person to cut break bend or deface such coin; and if any coin so cut broken bent or defaced shall appear to be diminished otherwise than by reasonable wearing or to be counterfeit, the person tendering the same shall bear the loss thereof; but if the same shall be of due weight and shall appear to be lawful coin, the person cutting breaking bending or defacing the same is hereby required to receive the same at the rate it was coined for; and if any dispute shall arise whether the coin so cut broken bent or defaced be diminished in manner aforesaid or counterfeit, it shall be heard and finally determined in a summary manner by any justice, who is hereby empowered to examine upon oath as well the parties as any other person in order to the decision of such dispute. And the Treasurer of Victoria and his deputies and clerks, and all collectors of imposts and receivers of revenue, are hereby required to cut break or deface or cause to be cut broken or defaced every piece of counterfeit or unlawfully diminished gold or silver coin which shall be tendered to them in payment of any part of the consolidated revenue or otherwise by virtue of their office. position of coun Ib. s. 27. 410. If any person shall find or discover in any place whatever seizure and disor in the custody or possession of any person having the same terfeit coin and without lawful authority or excuse any false or counterfeit coin coining tools. resembling or apparently intended to resemble or pass for any of the Queen's current gold silver or copper coin or any coin of any foreign prince state or country, or any instrument tool or engine whatsoever adapted and intended for the counterfeiting of any such coin or any filings or clippings or any gold or silver bullion or any gold or silver in dust solution or otherwise which shall have been produced or obtained by diminishing or lightening any of the Queen's current gold or silver coin, it shall be lawful for the person so finding or discovering and he is hereby required to seize the same and to carry the same forthwith before some justice. And where it shall be proved on the oath of a credible witness before any justice that there is reasonable cause to suspect that any person has been concerned in counterfeiting the Queen's current gold silver or copper coin or any such foreign or other coin as in the Fifth Part of this No. 233. 27 VICTORIA, Act mentioned or has in his custody or possession any such false or counterfeit coin or any instrument tool or engine whatsoever adapted and intended for the making or counterfeiting of any such coin or any other machine used or intended to be used for making or counterfeiting any such coin or any such filings clippings or bullion or any such gold or silver in dust solution or otherwise as aforesaid, it shall be lawful for any justice by warrant under his hand to cause any place whatsoever belonging to or in the occupation or under the control of such suspected person to be searched either in the day or in the night; and if any such false and counterfeit coin or any such instrument tool or engine or any such machine or any such filings clippings or bullion or any such gold or silver in dust solution or otherwise as aforesaid shall be found in any place so searched, to cause the same to be seized and carried forthwith before some justice. And whensoever any such false or counterfeit coin or any such instrument tool or engine or any such machine or any such filings clippings or bullion or any such gold or silver in dust solution or otherwise as aforesaid shall in any case whatsoever be seized and carried before a justice, he shall if necessary cause the same to be secured for the purpose of being produced in evidence against any person who may be prosecuted for any offence against the Fifth Part of this Act; and all such false and counterfeit coin, and all instruments tools and engines adapted and intended for the making or counterfeiting of coin, and all such machines and all such filings clippings and bullion, and all such gold and silver in dust solution or otherwise as aforesaid, after they shall have been produced in evidence or when they shall have been seized and shall not be required to be produced in evidence, shall forthwith be delivered up to the Treasurer of Victoria. Chattels causing death not to be forfeited. Provisions for the protection of 24 & 25 Vict. Ib. c. 97 s. 71. (21.) Miscellaneous. 411. 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. 412. All actions and prosecutions to be commenced against any person acting in person for anything done in pursuance of the Second Third or Fifth pursuance of Act. Part of this Act shall be commenced within six months after the fact committed and not otherwise; and notice in writing of such action. and of the cause thereof shall be given to the defendant one month at least before the commencement of the action; and in any such action the defendant may plead the general issue and give this Act and the special matter in evidence at any trial to be had thereupon. And no plaintiff shall recover in any such action if tender of sufficient amends shall have been made before such action brought or if a sufficient sum of money shall have been paid into court after such action brought by or on behalf of the defendant; and if a verdict shall pass for the defendant or the plaintiff shall become nonsuit or discontinue any such action after issue joined, or if upon demurrer or otherwise judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client and have the like remedy for the same as any defendant has by law in other cases; and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the judge before whom the trial shall be shall certify his approbation of the action. |