L.D. 1865.
A.D. 1865.]
be guilty able, at the : the term
; two years finement.
onates any next of kin, any land.
guilty of
scretion of
any term exceeding ut solitary-
being pro-
t common his section
valuable extorting,
unts to a knowing obtained, e indicted
tbstantive
or has not
ole, at the any term
to impri- out hard ale under
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sor has in
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LARCENY.
[No. 5.
(2.) For the purpose of this section, property shall be deemed to have been stolen where it has been taken, extorted, obtained, embezzled, con-verted, or disposed of under such circumstances that, if the act had been committed in this Colony, the person committing it would have been guilty of an indictable offence according to the law for the time being in force in this Colony.
(3.) An offence under this section shall be a felony or misdemeanor according as the act committed outside this Colony would have been a felony or misdemeanor if committed in the Colony.
c. 96 s. 92.
213
81. Where an indictment is preferred against two or more persons, Indictment it shall be lawful for the jury who try the same to find all or any of the for stealing and receiving. said persons guilty either of stealing the property or of 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.
82. Whenever any property whatsoever has been stolen, taken, ex-torted, obtained, embezzled, or otherwise disposed of in such a manner as to amount to a felony, either at common law or by virtue of this Ordinance, any number of receivers at different times of such property, or of any part or parts thereof, may be charged with substantive felonies in the same indictment, and may be tried together, notwithstanding that the principal felon is not included in the same indictment or is not in custody or amenable to justice.
persons as
83. If, on the trial of any two or more persons indicted for jointly receiving any property, it is proved that one or more of such persons separately received any part or parts of such property, it shall be lawful for the jury to convict on such indictment such of the said may be proved to have received any part or parts of such property.
84.--(1.) Every person who receives any chattel, money, valuable security, or other property whatsoever, the stealing, taking, obtaining, converting, or disposing whereof is made a misdemeanor by this Ordi-nance, 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 has or has not been previously convicted thereof or is or is not amenable to justice.
(2.) Every such receiver, being convicted of such misdemeanor, shall be liable, at the discretion of the Court, to imprisonment with hard labour for any term not exceeding seven years and not less than three years or to imprisonment for any term not exceeding two years, with or without hard labour.
1. s. 93.
Persons jointly receiving may be indicted for and convicted of separately receiving. Ib. s. 94.
Receiving where principal has been guilty of misdemeanor.
7, 8, 95.