t.
14
Condition of Re- cognizance.
Punishment of Persons suspected
Constable, if he shall deem it prudent, to discharge from cus- tody the person so charged upon his or her own Recognizance, with or without sureties, conditioned as hereinafter mentioned.
XXIV. And be it further enacted and ordained, That every Recognizance so taken shall be without Fee or Reward, and shall be conditioned for the appearance of the person thereby bound before a Magistrate of the District in which such Sta- tion-house shall be situated, at his next sitting, and the time and place of appearing shall be specified in the Recognizance; and the Constable shall enter in a book to be kept for that purpose at every such Station-house, the name, residence, and occupation of the party and his surety or sureties (if any) entering into such Recognizance, together with the condition thereof, and the same thereby acknowledged, and shall return every such Recognizance to the Magistrate present at the time and place when and where the party is bound to appear.
XXV. And be it further enacted and ordained, That every of having or convey- person who shall be brought before any Magistrate charged ing stolen goods." with having in his possession or conveying in any manner any thing which may be reasonably suspected of being stolen or unlawfully obtained, and who shall not give an account to the satisfaction of such Magistrate how he came by the same, shall be deemed guilty of a Misdemeanour, and shall be liable to a Penalty of not more than Ten Pounds, or in the discretion of such Magistrate may be imprisoned in any Gaol within the Colony aforesaid, with or without hard labour, for any time not exceeding Fourteen Days.
Power to grant
XXVI. And be it further enacted and ordained, That if Search Warrants. information shall be given on Oath to any Magistrate that there is reasonable cause for suspecting that any thing stolen or unlawfully obtained is concealed or lodged in any dwelling house or other place, it shall be lawful for such Magistrate, by special Warrant under his hand directed to any Constable, to cause every such dwelling house or other place to be entered and scarched at any time of the Day or by Night, if power for that purpose be given by such Warrant; and such Magistrate, if it shall appear to him necessary, may empower such Con- stable with such assistance as may be found necessary (such Constable having previously made known such his authority) to use force for the effecting such entry, whether by breaking open doors or otherwise; and if upon search thereupon made any such thing shall be found, then to convey the same before a Magistrate, or to guard the same on the spot until the offenders are taken before a Magistrate, or otherwise dispose thereof in some place of safety, and moreover to take into custody and carry before a Magistrate every person found in such house or place who shall appear to have been privy to the deposit of
any
any such thing knowing or having reasonable cause to suspect the same to have been stolen or otherwise unlawfully obtained.
XXVII And be it further enacted and ordained, That Power to examine when any person shall be brought before any Magistrate party from whom charged with having or conveying any thing stolen or unlaw- ceived.
stolen goods re- fully obtained, and shall declare that he received the same from some other person, or that he was employed as a carrier, agent, or servant, to convey the same for some other person, such Magistrate is hereby authorised and required to cause every such person, and also if necessary every former or pre- tended purchaser or other person into whose possession the same shall have passed, to be brought before him and examined, and to examine Witnesses upon Oath touching the same; and if it shall appear to such Magistrate that any person shall have had possession of such thing, and had reasonable cause to believe the same to have been stolen or unlawfully obtained, every such person shall be deemed guilty of a Misdemeanour and to have had possession of such thing at the time and place when and where the same shall have been found and seized, (and the possession of a carrier, agent, or servant shall be deem- ed to be the possession of the person who shall have employed such other person to convey the same); and shall be liable to a Penalty of not more than Ten Pounds, or in the discretion of the Magistrate may be imprisoned in any Gaol within the Colony aforesaid with or without hard labour for any time not exceeding Three Calendar Months.
Brokers and other
XXVIII. And be it further enacted and ordained, That if Power to order any goods shall be stolen or unlawfully obtained from any stolen or fraudu- delivery of goods person, or being lawfully obtained shall be unlawfully deposited, lently obtained and pawned, pledged, sold, or exchanged, and complaint shall be in possession of made thereof to any Magistrate, and that such goods are in dealers in second- the possession of any Broker, Dealer in Marine Stores, or hand property. other Dealer in second-hand Property, or of any person who shall have advanced money upon the credit of such goods, it shall be lawful for such Magistrate to issue a Summons or Warrant for the appearance of such Broker or Dealer, and for the production of such goods, to be delivered up to the owner thereof, either without payment, or upon payment of such sum and at such time as such Magistrate shall think fit; and every Broker or Dealer who being so ordered shall refuse or neglect to deliver up the goods, or who shall dispose of or make away with the same after notice that such goods were stolen or un- lawfully obtained as aforesaid, shall forfeit to the owner of the goods the full value thereof: Provided always, that no such order shall bar any such Broker or Dealer from recovering possession of such goods by Suit or Action at Law from the person into whose possession they may come by virtue of such Magistrate's order, provided that such Action shall be com- menced
D
No comments yet.
Private notes are available after approval.