Larceny (Summary Offences) Act

Link to law: http://laws.gov.ag/acts/chapters/cap-242.pdf
Published: 0000

Larceny (Summary Offices) (CAP. 242 1

CHAPTER 242

THE LARCENY (SUMMARY OFFENCES) ACT

Arrangement of Sections
Section

Short title.
Setting engines for taking deer.
Possession of stolen dog.
Stealing beasts or birds ordinarily kept in confinement,

and not the subjects of larceny.
Persons found in possession of stolen beasts, &c., liable

to penalties.
Killing pigeons.
Stealing fish and destroying instruments for catching fish.
Stealing, or throwing down, a live or dead fence, pal-

ing, gate, &c.
Live or dead fence, post etc. in person's possession which

cannot be accounted for.
Stealing or disinterring, the carcase of any cattle buried

in private property.
Abettors in offences punishable on summary conviction.
Upon conviction of prisoner for larceny, an innocent

purchaser is entitled to restitution out of moneys
found on prisoner.

Advertising a reward for the return of stolen property.
Magistrate may discharge the offender in certain cases.
A summary conviction shall be a bar to any other pro-

ceeding for the same cause.
Evidence as to previous convictions.
Fines and penalties.

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Larceny (Summary Offences) (CAP. 242 3

LARCENY (SUMMARY OFFENCES)

(2 ls t April, 1873.) 411873.
2411944.
1811949.

S.R.O. 2211956

1. This Act may be cited as the Larceny (Summary short title.
Offences) Act.

2. Whosoever shall, unlawfully and wilfully set or use Setting engines
for taking deer. any snare, or engine whatsoever, for the purpose of taking

or killing deer, shall, on summary conviction, be liable to
a fine of five hundred dollars and to imprisonment for six
months and in addition forfeit the carcase of the deer so killed
or the value of the deer.

3. Whosoever shall unlawfully have in his possession, Possession st len d g. of
or on his premises, any stolen dog, or the skin of any stolen
dog, knowing such dog to have been stolen, or such skin
to be the skin of a stolen dog, shall on summary conviction,
be liable to a fine of five hundred dollars and to imprison-
ment for six months.

4. Whosoever steals any dog, or any bird, beast, or Stealing beasts or
birds ordinarily other animal ordinarily kept in a state of confinement, or kept in

for any domestic purpose of profit or advantage, not being confinement, and
the subject of larceny at common law, or wilfully kills any :;::,";?
such dog, bird, beast, or animal, with intent to steal the same,
or any part thereof, shall, on summary conviction, be liable
to a fine of two thousand dollars and to imprisonment for
six months and in addition to be ordered by the court either
to return such dog, bird, beast or other animal to its owner
or to pay to the owner the value thereof.

5 . If any such bird, or any of the plumage thereof, E;'zJ;d in
or any dog, or any such beast, or the skin thereof, or any stolen beasts,
such animal, or any part thereof, shall be found in the posses- kc.7 "able

penalties.
sion, or on the premises, of any person, any Magistrate may
restore the same, respectively, to the owners thereof, or if
such animal, or any part thereof, shall be so found (such
person knowing that the bird, beast, or animal has been

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Killing pigeons.

Stealing fish and
destroying
instruments for
catching fish.

Stealing, or
throwing down,
a live or dead
fence, paling,
gate, &c.

Live or dead
fence, post etc.
in person's
possession which
cannot be
accounted for.

CAP. 242) Larceny (Summary Offences)

stolen, or that the plumage is the plumage of a stolen bird,
or that the skin is the skin of a stolen beast, or that the part
is part of a stolen animal), shall, on summary conviction,
be liable for the first offence, to such forfeitures, and, for
every subsequent offence, to such punishment as any per-
son, convicted of stealing any beast or bird, is made liable
to by the last preceding section.

6. Whosoever, unlawfully and wilfully, kills, wounds,
or takes any house-dove or pigeon, under such circumstances
as do not amount to larceny at common law, shall, on sum-
mary conviction, be liable to a fine of five hundred dollars
and to imprisonment for six months.

7. Whosoever shall steal, or shall, unlawfully and
wilfully, take any fish, turtle, lobster, or shell-fish from any
fish-pot, net, line, or other engine or instrument used in cat-
ching fish, turtle, lobster, or shell-fish, or shall wantonly,
or unlawfully and wilfully, destroy, break, or injure any such
fish-pot, net, line, engine, or instrument, or shall steal, or
shall, unlawfully and wilfully take or destroy any fish, or
turtle, in any water or pond being private property, or in
any crawl, or shall, unlawfully and wilfully, break, injure,
or destroy any turtle-crawl, shall, on summary conviction,
be liable to a fine of ten thousand dollars and to imprison-
ment for twelve months and in addition pay to the owner
the value of the thing stolen or destroyed as the Magistrate
may determine.

8. Whosoever steals, or cuts, breaks or throws down,
with intent to steal, any part of any live or dead fence, or
any wooden post, pale, wire, or rail, set up or used as a
fence, or any stile or gate, or any part thereof, respectively,
shall, on summary conviction, be liable to a fine of two thou-
sand dollars and to imprisonment for twelve months and in
addition pay to the owner of the articles or things so destroyed
such sum as the Magistrate may determine, and on a second.
or subsequent conviction for a similar offence may be
imprisoned for twenty-four months.

9. If the whole, or any part of a live or dead fence,
or any post, pole, wire, rail, stile, or gate, or any part, is
found in the possession of any person, or on the premises
of any person with his knowledge, and such person being

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Larceny (Summary Offences) (CAP. 242 5

taken or summoned before a Magistrate does not satisfy him
that he came lawfully by the same, he shall, on summary
conviction be liable to a fine of two thousand dollars and
to imprisonment for twelve months and in addition the
Magistrate may order him to return the article so found in
his possession or pay the value of such article to the owner.

10. Whosoever steals, or disinters, or digs up, with Steafing* or
disinterring, the

intent to steal, the carcase of any cattle, or any part thereof, carcase
which has been buried in land being private property, shall, ;y2t:;4::e2y.
on summary conviction, be liable to a fine of two thousand
dollars and to imprisonment for six months and in addition
pay to the owner the value of such carcase as the Magistrate
may determine.

1 . Whosoever aids, abets, counsels, or procures the Abettors in
offences commission of any offence which is, by this Act, punishable, on

on summary conviction, either for every time of its commis- summary
sion, or for the first and second times, or for the first time
only, shall, on summary conviction, be liable, for every first,
second, or subsequent offence of aiding, abetting, counsell-
ing, or procuring, to the same forfeiture and punishment
to which a person, guilty of a first, second, or subsequent
offence, as a principal offender, is made liable.

12. When any prisoner has been convicted, summari- Upon conviction
of prisoner for

ly of any larceny or other offence, including the stealing or larceny, an
unlawfully obtaining any property, and it appears to the innocent

purchaser is
Court, by the evidence, that the prisoner sold such property, entitled to
or part of it, to any person who had no knowledge that it ~~~~si~u''t~~
was stolen or unlawfully obtained, and that money has been prisoner.
taken from the prisoner on his apprehension, the Court may,
on the application of such purchaser, and on restitution of
the property to its owner, order that, out of the money so
taken from the prisoner, a sum, not exceeding the amount
of the proceeds of the sale, be delivered to such purchaser.

13. Whosoever publicly advertises a reward for the Advertising a
reward for the

return of any property whatsoever which has been stolen, re,rn of stolen
or lost, and, in such advertisement, uses any words purpor- property.
ting that no questions will be asked, or makes use of any
words, in any public advertisement, purporting that a reward
will be given, or paid for any property which has been stolen,

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CAP. 242) Larceny (Summary Offences)

Magistrate may
discharge the
offender in
certain cases.

A summary
conviction shall
be a bar to any
other proceeding
for the same
cause.

Evidence as to
previous
convictions.

Fines and
penalties.

or lost, without seeking or making an inquiry after, the per-
son producing such property; or promises or offers, in any
such public advertisement, to return to any pawnbroker, or
other person, who may have bought, or advanced money
by way of loan on any property stolen or lost, the money
so paid or advanced, or any other sum of money, for the
return of such property, or prints or publishes any such adver-
tisement shall forfeit the sum of two thousand dollars for
any such offence to any person who will sue for the same
by action of debt, to be recovered with full costs of suit.

14. Where any person is summarily convicted before
a Magistrate of any offence against this Act, and it is a first
conviction, the Magistrate may, if he so thinks fit, discharge
the offender from his conviction, upon his making such
satisfaction to the party aggrieved for damages and costs,
or either of them, as shall be ascertained by the Magistrate.

15. In case any person convicted of any offence,
punishable upon summary conviction by virtue of this Act,
has paid the sum, adjudged to be paid, together with costs,
under such conviction, or has received a remission thereof
from the Crown, or has suffered the imprisonment awarded
for non-payment thereof, or the imprisonment adjudged in
the first instance, or has been so discharged from his first
conviction by any Magistrate as aforesaid, in every such case
he shall be released from all further, or other, proceedings
for the same cause.

16. Upon any information against any person for a
subsequent offence, a copy of the previous conviction, cer-
tified by the Magistrate of the district in which such convic-
tion shall have taken place, or proved to be a true copy,
shall be sufficient evidence to prove a conviction for the
former offence, and the conviction shall be presumed to be
unappealed against until the contrary be shown.

17. Every fine or penalty awarded under this Act, '
and not thereby declared to be paid to the prosecutor or party
aggrieved, shall be payable to Her Majesty, Her Heirs and
Successors, and shall be paid into the Treasury.
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