904

Restitution of stolen property by purchaser thereof.

30 & 31 Vict. c. 35, s. 9.

Transmission

calendar of

No. 9 of 1899.

CRIMINAL PROCEDURE.

pawnbroker or other person under such order, and obtains the property, he shall not afterwards question the validity of the pawn; but, save to that extent, no order made under this section shall have any further effect than to change the possession, and no such order shall prejudice any right of property or right of action in respect to property existing or acquired in the goods either before or after the offence was committed.

(3) Nothing in this section shall prevent any magistrate or the court from ordering the return to any person charged with an indictable offence, or to any person named by the magistrate or the court, of any property found in the possession of the person so charged or in the possession of any other person for him, or of any portion thereof, if the magistrate or the court is of opinion that such property or portion thereof can be returned consistently with the interests of justice and with the safe custody or otherwise of the person so charged.

80. Where any person is convicted of larceny or of any other offence which includes the stealing of any property, and it appears to the court that the convicted person has sold the stolen property to any person and that the purchaser had no knowledge that the same was stolen, and any money has been taken from the convicted person on his apprehension, it shall be lawful for the court, on the application of the purchaser and on the restitution of the stolen property to the person injured, to order that, out of such money, a sum not exceeding the proceeds of the sale be delivered to the purchaser.

Calendar of sentences.

81. (1) As soon as conveniently may be after the conclusion of each session, a copy of the calendar of sentences, under the hand of a judge and the seal of the court, shall be transmitted by the Registrar to the Colonial Secretary.

and effect of

sentences after each session.

(2) A similar copy shall also be transmitted by the Registrar to the Superintendent of Prisons, who shall record the same, and such calendar shall be a sufficient warrant for receiving and detaining all prisoners named therein, and for carrying into effect all sentences set forth therein, other than sentences of death.

* As amended by Law Rev. Ord., 1924.

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