15
from whom
received.
40.—(1) When any person is brought before any magis- Examination trate charged with having or conveying any thing reasonably of person suspected of having been stolen or unlawfully obtained. and stolen thing declares 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, the magistrate is hereby authorised and required to cause every such person, and also if necessary every former or pretended purchaser or other person into whose possession the same has passed to be brought before him and examined, and to examine witnesses upon oath touching the same.
(2) If it appears to the magistrate that any person has had possession of such thing, and had reasonable cause to be- lieve the same to have been stolen or unlawfully obtained, every such person shall be deemed guilty of an offence and to have had possession of such thing at the time and place when and where the same has been found and seized (and the possession of a carrier, agent or servant shall be deemed to be the possession of the person who has employed such other person to convey the same), and shall be liable to a fine not exceeding two hundred and fifty dollars or to imprisonment for any term not exceeding three months.
goods
obtained
of dealer in
41.-(1) If any goods are stolen or unlawfully obtained order for from any person, or, having been lawfully obtained, are delivery of unlawfully deposited, pledged, sold or exchanged, and com- stolen or plaint is made thereof to a magistrate, and that such goods fraudulently are in the possession of any broker, dealer in marine stores and in or other dealer in second-hand property, or of any person who possession has advanced money upon the credit of such goods, it shall be second-hand lawful for the magistrate to issue a summons or warrant for property. the appearance of such broker or dealer, and for the produc- tion of such goods to be delivered up to the owner thereof, either without payment or on payment of such sum and at such time as the magistrate may think fit.
(2) Every broker or dealer who, having been so ordered, refuses or neglects to deliver up the goods, or who disposes of or makes away with the same after notice that such goods were stolen or unlawfully 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 action from the person into whose possession they may come by virtue of the magistrate's order, provided that such action is commenced within six months next after such order has been made.
(3) Nothing in this section shall affect pawnbrokers.
42.--(1) It shall be lawful for a magistrate to order that Restoration any goods brought before him which have been unlawfully of property unlawfully pledged or exchanged, and the ownership of which is establish- pledged, etc. ed to his satisfaction, shall be delivered up to the owner by the person with whom they were so unlawfully pledged or exchanged, either without compensation or with such compen- sation to that person as he may think fit.
come
into the Power to
with respect
(2) Nothing in this section shall affect pawnbrokers.
43.-(1) Where any property has possession of the police in connection with any criminal make orders offence whether committed in the Colony or not, a magistrate may, on application either by an officer of police or by a claimant of the property, make an order for the delivery of the property to the person appearing to the magistrate to be
to property
in possession of police.
60 & 61 Vict.
e.
c.
30, s. 1.
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