No. 343. 33 VICTORIA, ration, whether the same be voluntary or otherwise, no objection shall be taken or allowed by reason only that such declaration did not relate to any fact matter or thing required or authorized by any law at the time in force to be verified or otherwise assured or ascertained by or upon the oath affirmation declaration or affidavit of some or any person. This Act to be construed with No. 233. 3. This Act shall be deemed to be incorporated with and form part of the Act No. CCXXXIII., and shall together with it be construed as one Act, and shall be deemed to have been in force from the time of the coming into operation of the said Act No. CCXXXIII.(a) SCHEDULE REFERRED TO BY THE FOREGOING ACT. I, A.B., do solemnly and sincerely declare that and I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of an Act of the Parliament of Victoria rendering persons making a false declaration punishable for wilful and corrupt perjury. CRIMINAL LAW AND PRACTICE (AMEND- 35 VICTORIA, Title of Act No. 399. ANALYSIS OF CONTENTS. ... Meaning of "principal Statute" SECT. 3 5 ... 6 ... 7 ... ... ... SECT. 10 ... 11 Law officer to sanction prosecution... 10 a prisoner or his counsel taking an objection, it is the duty of the court to see that there is a case to go to a jury.-Reg. v. Gallagher, 1 V.R. (L.), 20; 1 A.J.R., 27. An Act to amend "The Criminal Law and Practice BE E it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say) :— 1. This Act shall be called and may be cited as "The Criminal Title of Act. Law and Practice Amendment Statute 1871." 2. The expression "principal Statute" where used in this Act Principal Statute, shall mean "The Criminal Law and Practice Statute 1864." what. 3. The several Acts and Parts of Acts mentioned in the Sche- Repeal of Acts. dule hereto to the extent to which the same are thereby expressed to Schedule. be repealed shall be and the same are hereby repealed. Provided that save where herein otherwise expressly provided every offence which shall have been wholly or partly committed against any of the said Acts or Parts of Acts before this Act comes into operation shall be dealt with inquired of tried determined and punished, and every penalty in respect of any such offence shall be recovered, in the same manner as if this Act had not been passed; and that every act No. 399. 35 VICTORIA, duly done, and every warrant or other instrument duly made or granted before this Act comes into operation shall continue and be of the same force and effect as if this Act had not been passed; and that every right liability privilege and protection in respect of any matter or thing committed or done before this Act comes into operation shall continue and be of the same force and effect as if this Act had not been passed; and every action prosecution and other proceeding which shall have been commenced before this Act comes into operation or shall thereafter be commenced in respect of any such matter or thing may be prosecuted continued and defended in the same manner as if this Act had not been passed. This Part incorporated with Part I. of the PART I.-OFFENCES AGAINST THE PERSON. 4. Subject to the provisions of the third section hereof this Part shall be read and construed for all purposes as one with the principal Statute. First Part of the principal Statute, and as though each of the said Parts were incorporated with the other. Use of suffocating &c. fumes in mines. This Part incorporated with 5. If any person shall unlawfully and maliciously cause 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 be claimed by or belong to such person or not, any suffocating stupifying 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, he shall be guilty of a misdemeanor, and shall on conviction be liable at the discretion of the court to be imprisoned for any term not exceeding three years. PART II. LARCENY, ETC. 6. Subject to the provisions of the third section hereof this Part II. of prin- Part shall be read and construed for all purposes as one with the Second Part of the principal Statute, and as though each of the said Parts were incorporated with the other. cipal Statute. Interpretation. 7. In the interpretation of the Second Part of the principal Statute and of this Part: The term "trustee" shall mean a trustee on some express trust created by some deed will or instrument in writing, and shall include the heir or personal representative of any such trustee, and any other person upon or to whom the duty of such trust shall have devolved or come, and also an executor and an administrator and an official agent manager liquidator or other like officer acting or appointed under or by any present or future 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. The term "property" shall include 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 shall also include not only such property as shall have been originally in the No. 399. possession or under the control of any party, but also any 35 VICTORIA, Trustees. fraudulently to their care. 8. Whosoever being a banker merchant broker attorney or agent, Bankers &c. and being intrusted either solely or jointly with any other person felling &c. prowith the property of any other person for safe custody shall with perty intrusted intent to defraud sell negotiate transfer pledge or in any manner 24 & 25 Vict. convert or appropriate the same or any part thereof to or for his own c. 96 s. 76. 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 a misdemeanor, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding seven years. ney fraudulently Ib. s. 77. 9. Whosoever being intrusted either solely or jointly with any Persons under other person with any power of attorney for the sale or transfer of powers of attorany property shall fraudulently sell or transfer or otherwise convert selling property. 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 misdemeanor, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding seven years. lently disposing 10. Whosoever being a trustee) of any property for the use or Trustees fraudubenefit either wholly or partially of some other person or for any of property. public or charitable purpose shall with intent to defraud convert or Ib. s. 80. appropriate 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 dispose of or destroy such property or any part thereof, 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 seven years: Provided that no proceeding or prosecution for any offence included in this section shall be commenced without the sanction of a law officer: Provided also that where any civil proceeding shall have been taken against any person to whom the provisions of this section may apply no person who shall have taken such civil proceeding shall commence any prosecution under this section without the sanction of the court or judge before whom such civil proceeding shall have been had or shall be pending. own use &c. pro ship liable to be 11. Whosoever being a member of any co-partnership or being Partner guilty of one of two or more beneficial owners of any property shall steal or converting to his embezzle any such property of or belonging to any such co-partner-perty of partnership or such joint beneficial owners shall be liable to be dealt with tried as if not tried convicted and punished for the same as if such person had not partner. been or was not a member of such co-partnership or one of such c. 116. beneficial owners. (a) An executor is within this section, although there be no express trust created by the will.-Reg. v. Taylor, i V.R. (L.), 84; 1 A J.R., 80. 31 & 32 Vict. (b) The sanction of a law officer is sufficiently proved by a document signed, but not qua law officer, by a person admitted to have been a law officer at the time he so signed.-Ibid. 35 VICTORIA, No. 399. Directors &c. of body corporate 12. Whosoever being a director member manager or officer of any body corporate or public company shall fraudulently take or apply 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 priating property. 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 seven years. or public company fraudulently appro 24 & 25 Vict. c. 96 s. 81. Or keeping Or wilfully destroying books &c. Ib. s. 83. Or publishing fraudulent statements. Ib. s. 84. No person to be exempt from answering questions in any court, but no per son making a dis closure in any compulsory pro ceeding to be cution. Ib. s. 85. 13. Whosoever being a director manager or officer of any body corporate or public company shall as such receive or possess himself of any of the property of such body corporate or public company otherwise than in payment of a just debt or demand, and shall with intent to defraud omit 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 misdemeanor, and being convicted thereof shall be liable to be imprisoned for any term not exceeding seven years. 14. Whosoever being a director member manager or officer) of any body corporate or public company shall with intent to defraud destroy alter mutilate or falsify any book paper writing or valuable security belonging to the body corporate or public company or make or concur in the making of any false entry, or omit or concur in omitting any material particular in any book of account or other document, shall be guilty of a misdemeanor, and being convicted thereof shall be liable to be imprisoned for any term not exceeding seven years. 15. Whosoever being a director manager or officer of any body corporate or public company shall make circulate or publish or concur in making circulating or publishing any written statement or account which he shall know 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 misdemeanor, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding seven years. 16. Nothing in any of the last eight preceding sections of this Act contained shall enable or entitle any person to refuse to make a full and complete discovery by answer to any bill in equity, or to answer any question or interrogatory in any civil proceeding in any Court, or upon the hearing of any matter in insolvency; and no person shall be liable to be convicted of any of the misdemeanors in any of the said sections mentioned by any evidence whatever in respect of any act done by him if he shall at any time previously to his being charged with such offence have first disclosed such act on oath in consequence of any compulsory process of any court of law or equity in any action suit or proceeding which shall have been (a) The word "officer" in this section must be popularly interpreted, and includes an assistant manager of a bank.-Reg. v. Draper, 1 V.R. (L.), 118; 1 A.J.R., 94. |