ORDINANCE No. 7 of 1865.

Larceny, &c.

in the same information, and may be tried together, notwithstanding that the principal felon shall not be included in the same information or shall not be in custody or amenable to justice.

829

Persons indicted for receiving may be convicted of separately receiving.

78. If upon the trial of any two or more persons indicted for jointly receiving any property it shall be proved that one or more of such jointly receiving persons separately received any part or parts of such property, it shall be lawful for the jury to convict, upon such information, such of the said persons as shall be proved to have received any part or parts of such property.

79. Whosoever shall receive any chattel, money, valuable security, or other property whatsoever, the stealing, taking, obtaining, converting, or disposing whereof is made a misdemeanor by this Ordinance, knowing the same to have been unlawfully stolen, taken, obtained, converted, or disposed of, shall be guilty of a misdemeanor, and may be indicted and convicted thereof, whether the person guilty of the principal misdemeanor shall or shall not have been previously convicted thereof, or shall or shall not be amenable to justice; and every such receiver, 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.

Receiving where the principal has been guilty of a misdemeanor.

property where the principal is guilty of a summary conviction.

80. Where the stealing or taking of any property whatsoever is by this Ordinance punishable on summary conviction, either for every offence, or for the first and second offence only, or for the first offence only, any person who shall receive any such property, knowing the same to be unlawfully come by, shall on conviction thereof before a Police Magistrate 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 Ordinance made liable.

81. In case of every felony punishable under this Ordinance, every principal in the second degree, and every accessory before the fact, shall be punishable in the same manner as the principal in the first degree is by this Ordinance; and every accessory after the fact to any felony punishable under this Ordinance (except only a receiver of stolen property) ...

of principals in the second degree and accessories. [See Ord. No. 9 of 1875 s. 12.]

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