Obtaining pas

ers, &c., by

false tickets.

98. Whosoever by means of any false ticket or order, or of any sage in steam- other ticket or order, fraudulently and unlawfully obtains or attempts to obtain any passage on any railway, or in any steam or other vessel, is guilty of a misdemeanor, and shall be liable to be imprisoned in any common gaol or house of correction, with or without hard labour, for any period not exceeding six months.

Persons indicted for larceny may

be convicted of obtaining by false pretences.

Receiving where the principal is guilty of felony.

Indictment for stealing

may have a count for receiving.

99. If upon the trial of any person for larceny, it appears that the property taken was obtained by such person by fraud under circumstances which do not amount to such taking as constitutes larceny, such person shall not by reason thereof be entitled to be acquitted, but the Jury may return as their verdict, that such person is not guilty of larceny, but is guilty of obtaining such property by false pretences, with intent to defraud, if the evidence prove such to have been the case, and thereupon such person shall be punished in the same manner as if he had been convicted upon an indictment for obtaining property under false pretences, and no person so tried for larceny as aforesaid, shall be afterwards prosecuted for obtaining property by false pretences upon the same facts.

As to receiving stolen goods.

100. Whosoever receives any chattel, money, valuable security, or other property whatsoever, the stealing, taking, extorting, obtaining, embezzling, and otherwise disposing whereof, amounts to a felony, either at common law or by virtue of this Act, knowing the same to have been feloniously stolen, taken, extorted, obtained, embezzled, or disposed of, is 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, howsoever convicted, shall be liable to be imprisoned in the Penitentiary for any term not exceeding fourteen years and not less than two years, or to be imprisoned in any gaol or other place of confinement for any term less than two years, with or without hard labour, and with or without solitary confinement; Provided that no person howsoever tried for receiving as aforesaid, shall be liable to be prosecuted a second time for the same offence.

101. In any indictment containing a charge of feloniously stealing any property, it shall be lawful to add a count or several counts for feloniously receiving the same, or any part or parts thereof, knowing the same to have been stolen; and in any indictment for feloniously receiving any property, knowing it to have been stolen, it shall be lawful to add a count for feloniously stealing the same; and where any such indictment has been preferred and found against any person, the prosecutor shall not be put to his election, but it shall be lawful for the jury who try the same to find a verdict of guilty, either of stealing the property or of receiving the same, or any part or parts thereof, knowing the

same

included.

same to have been stolen; and if such indictment has been pre- If two or more ferred and found against two or more persons, it shall be lawful coded. for the jury who try the same to find all or any of the said persons guilty either of stealing the property or receiving the same, or any part or parts thereof, knowing the same to have been stolen, or to find one or more of the said persons guilty of stealing the property, and the other or others of them guilty of receiving the same, or any part or parts thereof, knowing the same to have been stolen.

included in

in the absence

102. Whenever any property whatsoever has been stolen, Separate retaken, extorted, obtained, embezzled or otherwise disposed of in ceivers may be any such a manner as to amount to a felony, either at common the same inlaw or by virtue of this Act, any number of receivers at different dictment, and times of such property, or of any part or parts thereof, may be of the priacharged with substantive felonies in the same indictment, and cipal. may be tried together, notwithstanding that the principal felon shall not be included in the same indictment, or shall not be in custody or amenable to justice.

tions on an

103. If upon the trial of two or more persons indicted for As to convicjointly receiving any property, it is proved that one or more of indictment for such persons separately received any part or parts of such pro- jointly reperty, it shall be lawful for the jury to convict, upon such indict- coiving. ment, such of the said persons as are proved to have received any part or parts of such property.

104. Whosoever receives any chattel, money, valuable security, Receiving where the or other property whatsoever, the stealing, taking, obtaining, conprincipal has verting or disposing whereof is made a misdemeanor by this Act, been guilty of a knowing the same to have been unlawfully stolen, taken, obtained, misdemeanor. converted or disposed of, is guilty of a misdemeanor, and may be indicted and convicted thereof, whether the person guilty of the principal misdemeanor has or has not been previously convicted thereof, or is or is not amenable to justice; and every such receiver shall be liable to be imprisoned in the Penitentiary for any term not exceeding seven years and not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour and with or without solitary confinement.

105. Whosoever receives any chattel, money, valuable security Receiver or other property whatsoever, knowing the same to have been where triable. feloniously or unlawfully stolen, taken, obtained, converted or disposed of, may, whether charged as an accessory after the fact to the felony, or with a substantive felony, or with a misdemeanor only, be dealt with, indicted, tried, and punished in any county, district or place in which he has or has had any such property in his possession, or in any county, district or place in which the party guilty of the principal felony or misdemeanor may by law be tried, in the same manner as such receiver may be dealt with,

indicted

Receivers of property, where the

original of

able on sum

indicted, tried and punished in the county, district or place where he actually received such property.

106. Where the stealing or taking of any property whatsoever is by this Act punishable on summary conviction, either for every offence, or for the first and second offence only, or for the first ence is punish- offence only, any person who receives any such property, knowing mary convic- the same to be unlawfully come by, shall, on conviction thereof before a Justice of the Peace, be liable, for every first, second, or subsequent offence of receiving, to the same forfeiture and punishment to which a person guilty of a first, second, or subsequent offence of stealing or taking such property is by this Act made liable.

tion.

Principals in the second degree and accessories,

able.

107. In the case of every felony punishable under this Act, every principal in the second degree and every accessory before the fact, shall be punishable in the same manner as the principal how punish- in the first degree is punishable, and every accessory after the fact to any felony punishable under this Act (except only a receiver of stolen property) shall be liable to be imprisoned for any term less than two years, with or without hard labour, and with or without solitary confinement; and every person aiding, abetting, misdemeanors. counselling, or procuring the commission of any misdemeanor punishable under this Act, shall be liable to be indicted and punished as a principal offender.

A bettors in

Abottors in

ishable on

summary conviction.

108. Whosoever aids, abets, counsels, or procures the commisoffences pun- sion of any offence, which is by this Act punishable on summary conviction, either for every time of its commission, or for the first and second time only, or for the first time only, shall, on conviction before a Justice of the Peace, be liable, for every first, second or subsequent offence of aiding, abetting, counselling, or procuring, to the same forfeiture and punishment to which a person guilty of a first, second, or subsequent offence, as a principal offender is made liable.

Regulations to

109. Every person dealing in the purchase of old marine stores be conformed of any description, including anchors, cables, sails, junk, iron, copper, brass, lead, and other marine stores, shall conform to the following regulations :

to by dealers

in marine

stores.

Not to purchase from

certain per

song.

Punishment

First, He shall not, by himself or his agent, purchase any old marine stores from any person under the age of sixteen years, and on conviction of any such offence before a Justice of the Peace, shall be liable to a penalty of four dollars for the first offence, and of six dollars for every subsequent offence;

Secondly, He shall not purchase or receive into his stores, for secreting premises or places of deposit, any old marine stores, except in the stolen marine day time, between sunrise and sunset, under a penalty of five dollars for the first offence, and of seven dollars for every subsequent one; and if any old marine stores which had been stolen

stores.

are

are found secreted in the premises of any person purporting to be a dealer in such stores, such person shall be guilty of a misdemeanor, and shall be punishable therefor in any manner by law prescribed for misdemeanor.

As to offences not otherwise provided for.

which a per

advantage,

110. Whosoever unlawfully and with intent to defraud, by Punishment taking, by embezzlement, by obtaining by false pretences, or in for any act by any other manner whatever, appropriates to his own use or to the son is defrauduse of any other person, any property whatsoever, real or personal, ed of the in possession or in action, so as to deprive any other person tempo- possession, or arily, or absolutely of the advantage, use or enjoyment of any bene- use of his proficial interest in such property in law or in equity, which such other perty. person may have therein, is guilty of a misdemeanor punishable in like manner as simple larceny; and if the value of such property exceeds two hundred dollars, then such misdemeanor shall be punishable by imprisonment in the Penitentiary for any term not exceeding fourteen years, or in any manner in which simple larceny is punishable; and if on the trial of any person for larceny, Conviction for embezzlement, or for obtaining by false pretences, the jury are may be under of opinion that such person is not guilty of the offence charged in indictment for the indictment, but are of opinion that he is guilty of an offence larceny, &c. against this section, they may find him so guilty, and he shall be liable to be punished as herein provided, as if he had been convicted on an indictment under this section; and in any case in Additional punishment which any person is convicted of an offence against this Act by when the prostealing, embezzling or obtaining by false pretences any property perty stolen, whatever, then if the value of the property be over two hundred &., is over dollars, the offender shall be liable to be punished by imprisonment in the Penitentiary for a term not exceeding seven years, in addition to any punishment to which he would be otherwise liable for such offence.

this section on

$200 in value.

timber found

111. Whosoever wilfully and unlawfully conceals or appropriates Appropriating any timber, mast, spars, saw-logs, or other description of lumber, adrift, altering which having been adrift in any river or lake, is found so adrift, or effacing in any such river or lake, or cast ashore on the bank or beach of marks, &c., or refusing to any such river or lake, or wilfully and unlawfully defaces or deliver it to adds any mark or number, on any such article or thing, or makes the owner. any false or counterfeit mark thereon, or refuses to deliver up to the proper owner thereof or to the person in charge thereof on behalf of such owner, any such article or thing, is guilty of a misdemeanor punishable in like manner as simple larceny.

112. If any person brings into Canada, or has in his possession Bringing into therein, any property stolen, embezzled, converted or obtained by Canada property stolen, fraud or false pretences in any other country, in such manner embezzled, or that the stealing, embezzling, converting, or obtaining it in like unlawfully manner in Canada, would, by the laws of Canada, be a felony or where. misdemeanor; then the bringing such property into Canada, or the having it in possession therein, knowing it to have been so

stolen

obtained else

The owner of stolen pro

perty prosecuting the thief or recei

tion shall have

his property.

other cases.

stolen, embezzled or converted, or unlawfully obtained, shall be an offence of the same nature, and punishable in like manner as if the stealing, embezzling, converting or unlawfully obtaining such property had taken place in Canada, and such person may be tried and convicted in any district, county or place in Canada, into or in which he brings such property, or has it in possession.

As to restitution or recovery of stolen property.

113. If any person, guilty of any such felony or misdemeanor as is mentioned in this Act, in stealing, taking, obtaining, extorting, embezzling, appropriating, converting or disposing of, or in knowingly receiving any chattel, money, valuable security, or ver to convic- other property whatsoever, is indicted for such offence, by or on restitution of 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 is 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; Restitution in and the Court may also, if it see fit, award restitution of the property taken from the prosecutor, or any witness for the prosecution, by such felony or misdemeanor, although the person indicted is not convicted thereof, if the jury declare (as they may do) that such property belongs to such prosecutor or witness, and that he was unlawfully deprived of it by such felony or misdeProvision as to meanor; Provided that if it appears before any award or order valuable and made, that any valuable security has been bona fide paid or discharged by some person or body corporate liable to the payment thereof, or being a negotiable instrument, has 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 section contained shall apply to prosecutions to the case of any prosecution of any trustee, banker, merchant, bankers, &c. attorney, factor, broker, or other agent intrusted with the possession of goods or documents of title to goods, for any misdemeanor against this Act.

negotiable securities.

Not to apply

of trustees,

Restitution in

certain cases

prisoner.

114. When any prisoner has been convicted, either summarily out of money or otherwise, of any larceny or other offence, including the stealtaken from the ing or unlawfully obtaining any property, and it appears to the Court, by the evidence, that the prisoner sold such property or part of it to any person who had no knowledge that it was stolen or unlawfully obtained, and that money has been taken from the prisoner on his apprehension, the Court may, on the application of such purchaser and on restitution of the property to its owner, order that out of the money so taken from the prisoner, a sum

not