shall be liable, at the discretion of the court, to be transported to such place as the court shall direct, for life, or any term of years, or to be imprisoned for any term not exceeding four years, and if a male to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment. Counterfeiting current Coin. (73) And be it enacted, that if any person shall counterfeit any gold or silver coin of any of the territories under the governments o the said United Company in the East-Indies, or any gold or silver coin usually current and received as money in payment in any part of the British territories under the government of the said United Company, every such offender shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the court, to be transported to such place as the court shall direct, for life, or any term of years, or to be imprisoned for any term not exceeding four years, and if a male to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprison ment. Uttering counterfeit Coin, or having it in Possession. (74) And be it enacted, that if any person shall utter or tender in payment, or sell, or give in exchange, or pay or put off to any person, any such false or counterfeited coin as aforesaid, knowing the same to be so false or counterfeited, every such offender, being thereof convicted, shall be adjudged by the court to suffer six months' imprisonment, and find sureties for his good behaviour for six months more, to be computed from the end of the said first six months; and if the same person shall afterwards be convicted a second time of the like offence of uttering or tendering in payment, or selling, or giving in exchange, or paying or putting off, any such false or counterfeit coin as aforesaid, knowing the same to be false or counterfeit, such person shall for such second offence suffer two years' imprisonment, and find sureties for his or her good behaviour for two years more, to be computed from the end of the said first two years; and if the same person shall afterwards offend a third time, in uttering or tendering in payment, or selling, or giving in exchange, or paying or putting off, any such false or counterfeit coin as aforesaid, knowing the same to be false or counterfeit, and shall be convicted of such third offence, he shall be sentenced to transportation for life to such place beyond the seas as the court shall direct. (75) And be it enacted, that if any person shall have in his custody, without lawful excuse, the proof whereof shall lie on the party accused, any greater number of pieces than five pieces of such false or counterfeit coin as aforesaid, every such person, being thereof convicted upon the oath of one or more credible witness or witnesses before one of his Majesty's justices of the peace, or if there shall be no 1828. 25 July, 9 Geo. 4, cap. 74, justice 1828. 25 July, 9 Geo. 4, cap. 74. justice of the peace duly qualified to act in the place where such offence shall be committed, before one of the judges of his Majesty's court there, shall forfeit and lose all such false and counterfeit coin, which shall be cut in pieces and destroyed by order of such justice or judge, and shall for every offence forfeit and pay any sum of money not exceeding in value forty sicca rupees, or less than twenty sicca rupees, in the currency of the place in which such offence shall be committed, for every such piece of false or counterfeit coin which shall be found in the custody of such person, one moiety to the informer or informers, and the other moiety to the poor of the presidency, settlement, or place in which such offence shall be committed; and in case any such penalty shall not be forthwith paid, it shall be lawful for such justice or judge to commit the person or persons who shall be adjudged to pay the same, to the common gaol or house of correction, there to be kept to hard labour for the space of three calendar months, or until such penalty shall be paid. Counterfeiting Licenses or Certificates, or attested Copies. (76) And be it enacted, that if any person shall counterfeit, erase, alter, or falsify any license authorizing any ship or vessel to proceed to any place in the East-Indies or parts aforesaid, or any license or certificate authorizing any person to go to or reside at any such place, or any attested copy of any such license or certificate, or shall utter or publish as true any such counterfeited, erased, altered, or falsified license, certificate, or attested copy, knowing the same to be counterfeited, erased, altered, or falsified, every such offender, being convicted thereof, shall suffer such imprisonment not exceeding one year, and shall pay such fine not exceeding in value one thousand sicca rupees in the currency of the place in which such offence shall be committed, as the court shall direct. No Distinction between Grand and Petty Larceny. (77) And be it enacted, that the distinction between grand larceny and petty larceny shall be abolished; and every larceny, whatever be the value of the property stolen, shall be deemed to be of the same nature, and shall be subject to the same incidents, in all respects, as grand larceny was before the day of this act taking effect. Punishments for Simple Larceny. (78) And be it enacted, that every person convicted of simple larceny or of any felony hereby made punishable like simple larceny, shall, except in the cases hereinafter otherwise provided for, be liable, at the discretion of the court, to be transported to such place as the court shall direct, for any term not exceeding seven years, or to be imprisoned for any term not exceeding two years, and if a male to be once, twice, or thrice publicly or privately whipped, if the court shall so think fit, in addition to such imprisonment, Stealing Stealing public or private Securities for Money, &c. (79) And be it enacted, that if any person shall steal any security whatsoever, entitling or evidencing the title of any person or body corporate to any share or interest in any public stock or fund, whether established by authority of Parliament or of the said United Company, or of any foreign state, or in any stock or fund of any body corporate, company, or society, or to any deposit in any savings bank, or shall steal any debenture, deed, bond, bill, note, warrant, order, or other security whatsoever for money or for payment of money, whether of the territories under the government of the said United Company or of any other of his Majesty's dominions, or of any foreign country or state, or shall steal any warrant or order for the delivery or transfer of any goods or valuable thing, every such offender shall be deemed guilty of felony of the same nature and in the same degree, and punishable in the same manner, as if he had stolen any chattel of like value with the share, interest, or deposit to which the security so stolen may relate, or with the money due on the security so stolen or secured thereby and remaining unsatisfied, or with the value of the goods or other valuable thing mentioned in the warrant or order; and each of the several documents herein before enumerated shall, throughout this act, be deemed for every purpose to be included under and denoted by the words "valuable security." Robbery from the Person, Assaults with intent to Rob, and Demands accompanied with Menaces. (80) And be it enacted, that if any person shall rob any other person of any chattel, money, or valuable security, every such offender, being convicted thereof, shall suffer death as a felon; and if any person shall steal any such property from the person of another, or shall assault any other person with intent to rob him, or shall with menaces or by force demand any such property of any other person with intent to steal the same, every such offender shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the court, to be transported to such place as the court shall direct, for life, or for any term of years, or to be imprisoned for any term not exceeding four years, and if a male to be once, twice, or thrice publicly or privately whipped, if the court shall so think fit, in addition to such imprisonment. Obtaining Money, &c. by Threats. (81) And be it declared and enacted, that if any person shall accuse or threaten to accuse any other person of any infamous crime, as hereinafter defined, with a view or intent to extort or gain from him, and shall, by intimidating him by such accusation or threat, extort or gain from him any chattel, money, or valuable security, every such offender shall be deemed guilty of robbery, and shall be indicted and punished accordingly. Sending 1828. 25 July, 9 Geo. 4, cap. 74. 1828. 25 July, 9 Geo. 4, cap. 74. Sending threatening Letters. (82) And be it enacted, that if any person shall knowingly send or deliver any letter or writing, demanding of any person, with menaces, or without any reasonable or probable cause, any chattel, money, or valuable security; or if any person shall accuse or threaten to accuse, or shall knowingly send or deliver any letter or writing accusing or threatening to accuse, any person of any crime punishable by law with death, transportation, or pillory, or of any assault with intent to commit any rape, or of any attempt or endeavour to commit any rape, or of any infamous crime, as hereinafter defined, with a view or intent to extort or gain from such person any chattel, money, or valuable security, every such offender shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the court, to be transported to suchplace as the court shall direct, for life, or for any term of years, or to be imprisoned for any term not exceeding four years, and if a male to be once, twice, or thrice publicly or privately whipped, if the court shall so think fit, in addition to such imprison ment. What deemed an infamous Crime. (83) And be it enacted, that the abominable crime of buggery, committed either with mankind or with any animal, and every assault with intent to commit the said abominable crime, and every attempt or endeavour 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. Burglary, capital. (84) And be it enacted, that every person convicted of burglary shall suffer death as a felon; and it is hereby declared, that if any person shall enter the dwelling-house of another with intent to commit felony, or being in such dwelling-house shall commit any felony, and shall in either case break out of the said dwelling-house in the night-time, such person shall be deemed guilty of burglary. House-breaking and stealing in a House. (85) And be it enacted, that if any person shall break and enter any dwelling-house, and steal therein any chattel, money, or valuable security, to any value whatever, or shall steal any such property to any value whatever in any dwelling-house, any person therein being put in fear, or shall steal in any dwelling-house any chattel, money, or valuable security, to the value in the whole of fifty sicca rupees or more, every such offender, being convicted thereof, shall suffer death as a felon. What What Buildings are part of a House for capital Purposes. Robbery in any Building not privileged as part of the House, or in a (87) And be it enacted, that if any person shall break and enter any building, and steal therein any chattel, money, or valuable security, such building being within the curtilage of a dwelling-house, and occupied therewith, but not being part thereof according to the provision hereinbefore mentioned, every such offender, being convicted thereof, either upon an indictment for the same offence, or upon an indictment for burglary, housebreaking, or stealing to the value of fifty sicca rupees in a dwelling-house, containing a separate count for such offence, shall be liable, at the discretion of the court, to be transported to such place as the court shall direct, for life, or for any term of years, or to be imprisoned for any term not exceeding four years, and if a male to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment. (88) And be it enacted, that if any person shall break and enter any shop, warehouse, or counting-house, and steal therein any chattel, money, or valuable security, every such offender, being convicted thereof, shall be liable to any of the punishments which the court may award as hereinbefore last mentioned. Stealing Goods from a Vessel in a Port, River, or Canal. (89) And be it enacted, that if any person shall steal any goods or merchandize in any vessel, barge, or boat of any description whatsoever, in any port of entry or discharge, or upon any navigable river or canal, or in any creek belonging to or communicating with any such port or canal, or shall steal any goods or merchandize from any dock, wharf, or quay adjacent to any such port, river, canal, or creek, every such offender, being convicted thereof, shall be liable to any of the punishments which the court may award as hereinbefore last mentioned. Plundering a wrecked Vessel. (90) And be it enacted, that if any person 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, merchandize, or articles of any kind belonging to such ship or vessel, every such offender, being convicted thereof, shall suffer death as a felon: provided always, that when 1828. 25 July, 9 Geo. 4, cap. 74. |