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A.D. 1878. offence by any evidence if he has at any time previous to his being charged with such offence first disclosed such act on oath, or on any declaration equivalent to an oath, in consequence of any compulsory process of any court in any action, suit, or proceeding instituted in good faith by any party aggrieved, or if he has first disclosed the 5 same in any compulsory examination or deposition before any court upon the hearing of any matter in bankruptcy.

Nothing contained in this or the next preceding chapter shall affect or prejudice any agreement entered into or security given by any trustee having for its object the restoration or repayment of 10 any trust property misappropriated.

CHAPTER XXIX.

ROBBERY AND EXTORTION.

SECTION 214.

DEFINITION OF ROBBERY.

Robbery is theft of property on the person or in the immediate presence of the owner, in which the taking is effected by actual violence intentionally used to prevent or overcome the owner's resistance, or by threats of injury to his person, property, or reputation.

SECTION 215.

PUNISHMENT OF ROBBERY.

(a.) Everyone who commits robbery shall be guilty of an indictable offence, and shall be liable upon conviction thereof to penal servitude for life.

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(b.) Every such offender may, in addition to the punishment aforesaid, be flogged or whipped, according to his age, once, twice, or thrice, if at the time of committing the offence he is armed with any offensive weapon or instrument, or is together with any other person or persons, or if at the time of or immediately before or 30 immediately after such robbery he uses any personal violence to any

person.

SECTION 216.

STOPPING OF MAIL.

Everyone shall be guilty of an indictable offence, and shall be liable 35 upon conviction thereof to fourteen years penal servitude, who, with intent to rob or search the same, stops any conveyance by which post letters are carried, either by land or on the water, either by

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the orders of the Postmaster General or of any persons lawfully A.D. 1878. exercising his office, or by virtue of any contract with any such person.

SECTION 217.

PUNISHMENT OF ASSAULTS WITH INTENT TO ROB.

(a.) Everyone who assaults any person with intent to rob him shall be guilty of an indictable offence, and shall be liable upon conviction thereof to penal servitude for five years.

(b.) Every such offender shall be liable to penal servitude for life, 10 and to be flogged or whipped according to his age, once, twice, or thrice if at the time of committing the offence he is armed with any offensive weapon or instrument, or is together with any other person or persons, or if at the time of or immediately before or immediately after committing the offence he uses any personal violence 15 to any person.

SECTION 218.

EXTORTION BY THREATS OF ACCUSATION OR THREATENING LETTERS.

Everyone shall be guilty of an indictable offence, and shall be liable upon conviction thereof to penal servitude for life, and if a 20 male under sixteen years of age be once whipped, who

(a.) With intent to extort or gain anything from any person, accuses or threatens to accuse any person whatever of any offence whatever, or threatens that any person shall be so accused by any other person, whether the person accused or threatened with accu25 sation is guilty or not of that offence;

(b.) Sends, delivers, utters, or directly or indirectly causes to be received by any person any document containing any such accusation or threat as last aforesaid, or demanding any such thing or requiring any such conduct from any person with menaces and without any 30 reasonable and probable cause, knowing in either case the contents of such document.

SECTION 219.

THREATENING TO PUBLISH A LIBEL.

Everyone shall be guilty of an indictable offence, and shall upon 35 conviction thereof be liable to five years penal servitude, who publishes or threatens to publish any libel, or directly or indirectly proposes to abstain from or offers to prevent the printing or publishing of any matter or thing touching any other person, with intent to extort anything from any person, or to compel any person to confer 40 or procure for any person any appointment or office of profit or

trust.

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COMPELLING EXECUTION OF DOCUMENTS BY FORCE.

Everyone shall be guilty of an indictable offence, and shall upon conviction thereof be liable to penal servitude for life, who, by unlawful violence to or restraint of the person of another, or by the 5 threat that either the offender or any other person will employ such violence or restraint, or by accusing or threatening to accuse any person of any crime, unlawfully compels any person to execute or destroy or cancel any valuable security or deal with any valuable security by alteration or otherwise so as to alter its effect.

SECTION 221.

DEMANDING WITH INTENT TO STEAL.

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Everyone shall be guilty of an indictable offence and shall be liable upon conviction thereof to penal servitude for five years, who with menaces or force demands, either for himself or for any other 15 person, anything capable of being stolen from any person with intent to steal it.

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In this chapter the following words are used in the following

senses:

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Night" means the interval between nine of the clock at night and six of the clock in the morning.

"Dwelling-house means a permanent building in which the owner or occupier, or any person by their authority, habitually sleeps at night, although at certain intervals it may be unoccupied.

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A building occupied with and within the same curtilage with any dwelling-house shall be deemed to be part of the said dwelling- 30 house if there is between such building and dwelling-house a communication, either immediate or by means of a covered and enclosed passage, leading from the one to the other, but not otherwise. The word "break" means

The breaking of any part, internal or external, of the building 35 itself, or the opening by any means whatever (including lifting, in the case of things kept in their places by their own weight) of any door, window, shutter, cellar flap, or other thing intended to cover

openings to the house, or to give passage from one part of it to A.D. 1878.

another.

An entrance into a house is complete as soon as any part of the body of the person making the entrance or any part of any instru5 ment under his control is within the house.

Every person who obtains entrance into any house or other building by any threat or artifice used for that purpose, or by collusion with any person in the house, or by any chimney or other entrance left open permanently for any necessary purpose, shall be 10 liable to the same consequences as if he had broken and entered that house or building at the same time, under the same circumstances, and with the same intent.

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SECTION 223.

PLACES OF WORSHIP,

(a.) Everyone shall be guilty of an indictable offence, and shall upon conviction thereof be liable to penal servitude for seven years, who breaks and enters any place of public worship with intent to commit any indictable offence therein.

(b.) Every such offender shall be liable to penal servitude for life 20 if he commits any indictable offence in any such place.

SECTION 224.

BREAKING DWELLING-HOUSES.

(a.) Everyone shall be guilty of an indictable offence, and shall upon conviction thereof be liable to seven years penal servitude, who 25 either by day or by night, enters any dwelling-house with intent to commit an indictable offence therein.

(b.) Everyone shall be guilty of an indictable offence, and shall be liable upon conviction thereof to fourteen years penal servitude, who by day breaks and enters any dwelling-house with intent to 30 commit an indictable offence therein.

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(c.) Everyone shall be guilty of an indictable offence, and shall be liable upon conviction thereof to penal servitude for life, who by night breaks and enters any dwelling-house with intent to commit an indictable offence therein.

After this Act comes into force no person shall be prosecuted for burglary.

SECTION 225.

BREAKING SHOPS, ETC.

(a.) Everyone shall be guilty of an indictable offence, and shall be

40 liable upon conviction thereof to seven years penal servitude, who

A.D. 1878. either by day or by night breaks and enters with intent to commit an indictable offence therein any school house, shop, warehouse, counting-house, or building within the curtilage of a dwellinghouse, but not so connected therewith as to form part of it under the provisions herein-before contained.

(b.) If any such offender commits an indictable offence in any such place as aforesaid, he shall be liable to fourteen years penal servitude.

SECTION 226.

BEING FOUND IN POSSESSION OF HOUSEBREAKING INSTRUMENTS.

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Everyone shall be guilty of an indictable offence, and shall upon 10 conviction thereof be liable to five years penal servitude,

Who is by night armed with any dangerous or offensive weapon or instrument whatever, with intent to break or enter into any dwelling-house or other building whatsoever, and to commit any indictable offence therein;

Or by night has in his possession, without lawful excuse (the proof of which excuse shall lie upon him), any key, picklock, crow, jack, bit, or other instrument of housebreaking;

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Or by night has his face blackened or otherwise disguised with intent to commit any indictable offence;

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Or is by night in any dwelling-house or other building whatsoever, with intent to commit any indictable offence therein.

CHAPTER XXXI.

RECEIVING, &c.

SECTION 227.

RECEIVING PROPERTY UNLAWFULLY OBTAINED-RULE OF EVIDENCE.

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Everyone who receives anything obtained by any offence punishable under any of the provisions of chapters 27, 28, 29, 30, or 32, knowing that thing to have been so obtained, shall be guilty of an indictable offence, and shall be liable to the same punishment 30 as if he had committed the offence by which it was obtained.

Whenever any person is being proceeded against for an offence under this section, the following matters may be proved as being relevant to the question whether the defendant knew that the property in respect of which he is being proceeded against was 35 obtained by any such offence as aforesaid; that is to say,

(a.) The fact that other property was found in the defendant's possession, which property had been obtained by some such offence

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