230
64 Night."
All Larcenies to be of the same Nature.
Bailees fraudulently
Guilty of Larceny,
THE HONGKONG GOVERNMENT GAZETTE, 13TH MAY, 1865.
any Money or Goods, and shall also include not only such Property as shall have been originally in the Possession or under the Control of any Party but also any Property into or for which the same may have been converted or exchanged and anything acquired by such Conversion or Exchange whether immediately or otherwise.
For the purposes of this Ordinance the Night shall be deemed to commence at Nine of the Clock in the Evening of each Day and to conclude at Six of the Clock in the Morning of the next succeeding Day.
2. 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 by the law of England before the Twenty-first Day of June, One Thousand Eight Hundred and Twenty Seven.
3. Whosoever being a Bailee of any Chattel, Money or valuable Security shall Convert Property fraudulently take or convert the same to his own Use or the Use of any Person other than the Owner thereof, although he shall not break Bulk or otherwise determine the Bailment, shall be Guilty of Larceny and may be convicted thereof upon an Indictment for Larceny.
Punishment for
Simple Larceny.
Larceny after a
4. Whosoever shall be 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 kept in Penal Servitude for the Term of Three Years,--or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement, and if a Male under the Age of Sixteen Years, with or without Whipping.
5. Whosoever shall commit the Offence of Simple Larceny after a previous Con- Conviction for Felony viction for Felony shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Ten Years and not less than Three Years,- or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement, and if a Male under the Age of Sixteen Years, with or without Whipping.
Larceny after Con-
able Misdemeanor
6. Whosoever shall commit the Offence of Simple Larceny or any Offence hereby viction of an indict made punishable like Simple Larceny after having been previously convicted of any under this Ordinance. indictable Misdemeanor punishable under this Ordinance shall be liable at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Seven Years and not less than Three Years,--or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement, and if a Male under the Age of Sixteen Years, with or without Whipping.
Larceny after Two
7. Whosoever shall commit the Offence of Simple Larceny or any Offence hereby SummaryConvictions. made punishable like Simple Larceny after having been twice summarily convicted of any of th eOffences punishable upon Summary Conviction under the provisions contained in any Enactment in force in this Colony (whether each of the Convictions shall have been in respect of an Offence of the same Description or not and whether such Convic- tions or either of them shall have been or shall be before or after the passing of this Ordinance) shall be guilty of Felony and being convicted thereof shall be liable at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Seven Years and not less than Three Years,-or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement, and if a Male under the Age of Sixteen Years, with or without Whipping.
Stealing Horses, Cows, Sheep, &c.
Stealing Goats and Pign.
As to Larceny of Cattle or other Animals:—
8. Whosoever shall steal any Horse, Mare, Gelding, Colt, or Filly, or any Bull Cow, Ox, Heifer or Calf, or any Ram, Ewe, Sheep or Lamb shall be guilty of Felony and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Fourteen Years and not less than Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement, and if a Male under the Age of Sixteen Years, with or without Whipping.
9. Whosoever shall steal any Goat or Kid, whether male or female, or any Boar, Sow, Barrow, Hog or Pig shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for the Term of