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Indictment for stealing and receiving. 24 & 25 Vict. c. 96, s. 92. fel. No. 6 of [cf. 1900, s. 42.]
Inclusion of separate receivers in indictment in absence of principal.
No. 5 of 1865.
LARCENY.
(3) An offence under this section shall be a felony or misdemeanor according as the act committed outside the Colony would have been a felony or misdemeanor in the Colony.
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81. Where an indictment is preferred against two or more persons, it shall be lawful for the jury who try the same to find all or any of the 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, extorted, 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.
24 & 25 Vict. c. 96, s. 93.
[cf. No. 6 of 1900, s. 42.]
Persons jointly receiving may be convicted separately.
24 & 25 Vict. c. 96, s. 94. [cf. No. 6 of 1900, s. 42.]
Receiving where principal has been guilty of misdemeanor.
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 persons as 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 Ordinance, knowing the same to have been unlawfully stolen, taken, obtained, converted, or disposed of, shall be guilty of misdemeanor, and may be indicted and convicted thereof, whether the principal misdemeanor has been convicted thereof or is or is not amenable to justice.
(2) Every such receiver shall be liable to imprisonment for any term not exceeding seven years, and, if a male under the age of sixteen years, with or without whipping.
24 & 25 Vict. c. 96, s. 95. [cf. No. 6 of 1900, s. 42, and No. 3 of 1903.]