« PreviousContinue »
by or on account of such principal, and ac
cepted by such factor or agent. ... to These provisions as to LII. Provided always, and be it enacted, That agents shall not lessen nothing in this Act contained, por any proany remedy which
ceeding, conviction, or judgment to be had or now has.
taken thereupon, against any banker, mers chant, broker, factor, attorney, or other agent as aforesaid, shall prevent, lessen, or impeach any remedy at law or in equity, which any party aggrieved by any such offence might or would have had if this Act had not been passed; but nevertheless the conviction of any such offender shall not be received in evidence in any action at law or suit in equity against him; and no banker, merchant, broker, factor, at torney, or other agent as aforesaid, shall be liable to be convicted by any evidence whatever as an offender against this Act, in respect of any act done by him, if he shall at any time previously to his being indicted for such offence have disclosed such act, on oath, in consequence of any compulsory process of any court of law or equity in any action, suit, or proceeding which shall have been bona fide instituted by any party aggrieved, or if he shall have disclosed the same in any examina. tion or deposition before any commissioners of bankrupt.
atitiProl91 Obtaining money, &c.' LIII. And whereas a failure of justice, fre, hy false pretences, a quently arises from the subtle distinction misdemeanor.
between larceny and fraud; for remedy thereof be it enacted, That if any person shall by any false pretence obtain from any other person any chattel, money, or valuable se curity, with intent to cheat or defraud any person of the same, every such offender shall be guilty of a misdemeanor, and, being con
victed thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to suffer such other punishment, by fine or imprison- ment, or by both, as the court shall award: Provided always, That if upon the trial of any No acquittal on the person indicted for such misdemeanor it shall ground that the case
proved amounts to be proved that he obtained the property in farceny. question in any such manner as to amount in i law to larceny, he 'shall not by reason thereof be entitled to be acquitted of such misdemeanor;; and no such indictment shall be removable by certiorari; and no person tried for such misdemeanor shall be liable to be afterwards prosecuted for larceny upon the same facts. Iets'
ILIV. And, with regard to receivers of where the original stolen property, be it enacted, That if any offence is felony, the
receivers of stolen person shall receive any chattel, money, property may be tried valuable security, or other property whatsoeither as accessories ever, the stealing or taking whereof shall substantive felony.
after the fact, or for a amount to a felony, either at common law, or by virtue of this Act, such person knowing the same to have been feloniously stolen or taken, every such receiver shall be guilty of felony, and may be indicted and convicted either as an accessory after the fact, or for a substantive felony, and in the latter case, whether the principal felon shall or shall not have been .. previously convicted, or shall or shall not be .. amenable to justice, and every such receiver, Punishment.: howsoever convicted, shall be liable, at the discretion of the court, to be transported beyond the seas for any term not exceeding fourteen years nor less than seven years, or to be imprisoned for any term not exceeding three years, and, if a male, to be once, twice,
or thrice publicly or privately whipped (if the court shall so tħink fit) in addition to such imprisonment: Provided always, That no person, howsoever tried for receiving as afore
said, shall be liable to be prosecuted a second tots time for the same offenee. Where the original LV. And be it enacted, That if any person offence is a misde- shall receive any chattel, money, valuable meanor, receivers may be prosecuted security, or other property whatsoever, the for a misdemeanor. stealing, taking, obtaining, or converting of Maule noanturing whereof is made an indictable misdemeanor
DO by this Act, such person knowing the same to
have been unlawfully stolen, taken, obtained,
and convicted thereof, whether the person Tato stoty guilty of the principal misdemeanor shall or most at cu shall not have been previously convicted
a cor thereof, or shall or shall not be amenable to Punishment. justice; and every such receiver shall, on ***
conviction, be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years, and, if a malé, to be once, twice, or thrice publicly or privately whipped (if the court shall so
think fit) in addition to such imprisonment. All receivers may be s LVI. And be it enacted, That if any person tried where the prin- shall receive any chattel, money, valuable cipal is triable, or where the property security, or other property whatsoever, knowis found in their pos- ing the same to have been feloniously or session, as well as where the receiving unlawfully stolen, taken, obtained or contakes place. verted, every such person, whether charged
as an accessory after the fact to the felony, or with a substantive felony, or with a misdemeanor only, may be dealt with, indicted, tried, and punished in any county or place in
perty prosecutin youguayan Polve, thief or receiver to
which he shall have or shall have had any such property in his possession, or in any county, or place in which the party guilty of: '! the principal felony or misdemeanor may by .. law be tried, in the same manner as such re... ceiver may be dealt with, indicted, tried, and punished in the county or place, where he actually received such property.jini na971
1 LVII. And, to encourage the prosecution The owner of stolen of offenders, be it enacted, That if any person, porno guilty of any such felony or misdemeanor as conviction shall have . aforesaid, in stealing, taking, obtaining, or restitution of his pro
perty. converting, or in knowingly receiving any chattel, money, valuable security, or other property whatsoever, shall be indicted for any such offence, by or on the 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 the court, before whom any such person shall be so convicted, 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: Provided always, That if it shall appear before Exception. any award or order made that any valuable security shall have been bona fide paid or discharged by some person or body corporate liable to the payment thereof, or being 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, or converted as aforesaid, in such case the court IN SOMO
shall not award og order the restitution of such security. Sa
t erdrot bisw91 Taking a reward for LVÚI. And be it enacted, That every perestery of stolen pro. So
son who shall corruptly take any money or perty without being reward, directly or indirectly, under pretence ing the offender to tal
or upon account of helping any person to any chattel, money, valuable security, or other property whatsoever, which shall by any felony
or misdemeanor have been stolen, taken, obno sé si tained, or converted as aforesaid, shall (unless
he cause the offender to be apprehended and brought to trial for the same) be guilty of felony, and, being convicted thereof, shall be biable, at the discretion of the court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years, and, if a mate, to be once, twice for thrice publicly or privately whipped (if the court shall so think fit) in addition to such imprisonment.
1. .110992 Advertising a reward : LIX. And be it enacted, That if any person for the return of stolen shall publicly advertise a reward for the re. property, &c.
turn of any property whatsoever, which shall -- have been stolen or lost, and shall in such
advertisement use any words purporting that no questions will be asked, or shall make use of any words in any public advertisement purporting that a reward will be given or paid for any property which shall have been stolen or lost, without seizing or making any enquiry after the person producing such property, or shall promise or offer in any such public advertisement to return to any pawn. broker or other person who may have bought or advanced money by way of loan upon any property stolen or lost, the money so paid or