the-ordinances-of-the-legislative-counci-1890v3 — Page 100

ORDINANCE No. 9 OF 1875 . 1383


Naval Stores.


10. If stores are found in the possession or keeping of a person Penalty on
dealer &c.,
being in Her Majesty's service, or in the service of the Admiralty , or found in
possession of
being a dealer in marine stores , or in old metals , or a pawnbroker ( within stores, and not
accounting
the meaning of any enactments for the time being in force relating to for them.

such dealers, or to pawnbrokers ) , and he is taken or summoned before a
Magistrate, and the Magistrate sees reasonable grounds for believing the
stores found to be or to have been Her Majesty's property, then if such
person does not satisfy the Magistrate that he came lawfully by the
stores found, he shall be liable, on summary conviction before a Magis
trate , to a penalty not exceeding twenty- five dollars .
For the purposes of this section , stores shall be deemed to be in the

possession or keeping of any person, if he knowingly has them in the

actual possession or keeping of any other person , or in any house, building,
lodging, apartment, field, or place, open or inclosed , whether occupied
by himself or not , and whether the same are so had for his own use or
benefit, or for the use or benefit of another.

No unauthor
11. It shall not be lawful for any person, without permission in
ized person to
writing from the Admiralty, or from some person authorized by the creep, sweep,
&c., for stores
Admiralty in that behalf ( proof of which permission shall lie on the party within 100
yards of any
accused ) , to gather or search for stores, or to creep, sweep, or dredge, in of Her
Majesty's
the harbour of Victoria within one hundred yards from any vessel belong vessels, &c.

ing to Her Majesty, or in Her Majesty's service, or from any mooring
place or anchoring place appropriated to such vessels , or from any
moorings belonging to Her Majesty, or , from any of Her Majesty's
wharves, or dock, victualling, or steam factory yards.
If any person acts in contravention of this provision , he shall
be liable, on summary conviction before a Magistrate, to a penalty not
exceeding twenty -five dollars , or to be imprisoned for any term not
exceeding three months, with or without hard labour.

12. The following sections of Ordinance No. 7 of 1865 being " An Sections 81.
82, 83 , 86, 88.
Ordinance to consolidate and amend the Enactments in force in this 90 to 99 of
Ordinance
Colony relating to Larceny and other similar Offences, " shall be incor No. 7 of 1865 ,
incorporated
porated with this Ordinance, and shall , for the purposes of this Ordinance , with this
Ordinance.
be read as if they were here re- enacted , namely , sections 81 to 83 , 86, 88,
and 90 to 99 all inclusive ; and for this purpose the expression " this
Ordinance," when used in the said incorporated sections, shall be taken
.

to include the present Ordinance.