A.D. 1865.]
MALICIOUS DAMAGE.
[No. 6.
233
provided.
£
Making Gunpowder to commit Offences and searching therefor.
having etc.. with in- tent to com- mit felony against the Ordinance.
45. Every person who makes, or manufactures, or knowingly has in his possession any gunpowder or other explosive substance, or any dangerous or noxious thing, or any machine, engine, instrument, or thing, with intent thereby or by means thereof to commit, or for the purpose of enabling any other person to commit, any of the felonies mentioned in this Ordinance, shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the Court, to imprisonment for any term not exceeding two years, with or without hard labour and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping.
24 & 25 Viet. c. 97 s. 51.
Power to issue warrant for searching house, etc..
1b. s. 55.
46.--(1.) When any gunpowder or other explosive, dangerous, or noxious substance, or any machine, engine, instrument, or thing, is suspected to be made, kept, or carried for the purpose of being used in committing any of the felonies mentioned in this Ordinance, a Police Magistrate may, on reasonable cause assigned upon oath, affirmation, or declaration by any person, issue a warrant under his hand for searching in the daytime any house, mill, magazine, godown, storehouse, warehouse, shop, cellar, yard, wharf, or other place, or any carriage, wagon, cart, ship, boat, or vessel, in which the same is suspected to be made, kept, or carried for such purpose as hereinbefore mentioned.
(2.) Every person acting in the execution of any such warrant shall have, for seizing, removing to proper places, and detaining all such gunpowder, or explosive, dangerous, or noxious substances, and every such machine, engine, instrument, or thing, found, upon such search, which he may have good cause to suspect to be intended to be used in committing any such offence, and the barrels, packages, cases, and other receptacles in which the same may be, the same powers and protections which are given to persons searching for unlawful quantities of gunpowder under the warrant of a Justice by the Act of Parliament. 23 and 24 Victoria Chapter 139, entitled “An Act to amend the Law concerning the Making, Keeping and Carriage of Gunpowder and Compositions of an explosive Nature and concerning the Manufacture, Sale and Use of Fireworks,”
Supplemental Provisions.
47.--(1.). In the case of every felony punishable under this Ordinance, every principal in the second degree, and every accessory before the fact, shall be punishable in the same manner as the principal in the first degree is by this Ordinance punishable.
Punishment of principals in second degree, accessories, and abettors.
(2.) Every accessory after the fact to any felony punishable under Ib. s. 56.
Page 15
Page 16
A.D. 1865.]
MALICIOUS DAMAGE.
[No. 6.
233
provided.
£
Making Gunpowder to commit Offences and searching therefor.
having
etc.. with in-
tent to com-
mit felony against the Ordinance.
45. Every person who makes, or manufactures, or knowingly has in Making or his possession any gunpowder or other explosive substance, or any explosive dangerous or noxious thing, or any machine, engine, instrument, or substance, thing, with intent thereby or by means thereof to commit, or for the pur- pose of enabling any other person to commit, any of the felonies men- tioned in this Ordinance, shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the Court, to im- prisonment for any term not exceeding two years, with or without hard labour and with or without solitary confinement, and, if a male under the
QKG of sixteen years, with or without whipping.
24 & 25 Viet. c. 97 s. 51.
Power to for searching house, etc..
issue warrant
for such explosive sub-
1b. s. 55.
46.--(1.) When any gunpowder or other explosive, dangerous, or noxious substance, or any machine, engine, instrument, or thing, is sus- pected to be made, kept, or carried for the purpose of being used in committing any of the felonies mentioned in this Ordinance, a Police Magistrate may, on reasonable cause assigned upon oath, affirmation, or stance, etc. declaration by any person, issue a warrant under his hand for searching in the daytime any house, mill, magazine, godown, storehouse, ware- house, shop, cellar, yard, wharf, or other place, or any carriage, wagon, cart, ship, boat, or vessel, in which the same is suspected to be made, kept, or carried for such purpose as hereinbefore mentioned.
he
(2.) Every person acting in the execution of any such warrant shall have, for seizing, removing to proper places, and detaining all such gun- powder, or explosive, dangerous, or noxious subtances, and every such machine, engine, instrument, or thing, found, upon such search, which may have good cause to suspect to be intended to be used in com- mitting any such offence, and the barrels, packages, cases, and other receptacles in which the same may be, the same powers and protections which are given to persons searching for unlawful quantities of gun- powder under the warrant of a Justice by the Act of Parliament. 23 and 24 Victoria Chapter 139, entitled “An Act to amend the Law concerning the Making, Keeping and Carriage of Gunpowder and Com- positions of an explosive Nature and concerning the Manufacture, Sale and Use of Fireworks,”
Supplemental Provisions.
47.--(1.). In the case of every felony punishable under this Ordinance, Punishment of principals every principal in the second degree, and every accessory before the fact,
in second, shall be punishable in the same manner as the principal in the first degree degree, is by this Ordinance punishable.
accessories, and abettors.
(2.) Every accessory after the fact to any felony punishable under Ib. s. 56.
Page 15Page 16
No comments yet.
Private notes are available after approval.