viction, shall have Restitution of his valuable Security, or other Property whatsoever, shall be in- ceiver to Condicted for any such Offence by the Owner of the Property, or by his Executor or Administrator, and convicted thereof, in such Case the Property shall be restored to the Owner or his Repre- Property. sentative; and the Court before whom any such Person shall be so convicted shall have Power to award from time to time Writs of Restitution for the said Property, or to order the Restitution thereof in a summary Manner: Provided always, that if it shall Exception. appear, before any Award or Order made, that any valuable Security shall have been bona fide paid or discharged by some Person or Body Corporate liable to the Payment thereof, or being a negotiable Instrument shall have been bona fide taken or received by Transfer or Delivery by some Person or Body Corporate for a just and valuable Consideration, without any Notice, or without any reasonable Cause to suspect, that the same had by any Felony or Misdemeanor been stolen, taken, obtained, or converted as aforesaid, in such Case the Court shall not award or order the Restitution of such Security. Taking a Reward for helping to the stolen Property, Recovery of without bringing the Offender CXI. And be it enacted, That if any Person shall corruptly take any Money or Reward, directly or indirectly, under pretence or on account of helping any Person to any Chattel, Money, valuable Security, or other Property whatsoever, which shall by any Felony or Misdemeanor have been stolen, taken, obtained, or converted as aforesaid, every such Person so taking Money or Reward (unless he shall cause the Offender guilty of the principal to Trial. Felony or Misdemeanor to be apprehended and brought to Trial for the same) shall be guilty of Felony, and being convicted thereof, shall be liable, at the Discretion of the Court, to be transported to such Place as the Court shall direct, for Life, or for any Term of Years, or to be imprisoned for any Term not exceeding Four Years, and if a Male to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit), in addition to such Imprisonment. CXII. And be it enacted, That if any Person shall publicly Advertising a advertise a Reward for the Return of any Property whatsoever Reward for which shall have been stolen or lost, and shall in such Advertise- the Return of stolen Property, ment use any Words purporting that no Questions will be asked, or shall make use of any Words in any Public Advertisement purporting that a Reward will be given or paid for any Property which shall have been stolen or lost, without seizing or making any Enquiry after the Person producing such Property, or shall promise or offer in any such Public Advertisement to return to any Pawnbroker or other Person who may have bought or advanced Money by way of Loan upon any Property stolen or lost, the Money so paid or advanced, or any other Sum of Money or Reward for the Return of such Property, or if any Person shall print or publish any such Advertisement, in any of the above Cases every such Person shall forfeit the Sum of Five hundred Sicca Rupees for every such Offence, to any Person who will sue for the same by Action of Debt, to be recovered with full Costs of Suit. Receivers punishable CXIII. And be it enacted, That where the stealing or taking of any Property whatsoever is by this Act punishable on summary summarily, Conviction, either for every Offence, or for the First and Second where the Offence Stealers are. Hh 3 Setting fire to any Church, House, &c. Destroying Manufactures or Machinery, or breaking into any Building with that Intent. Demolishing, &c. Buildings or Machinery. Setting fire to or destroying any Ship. Offence only, or for the First Offence only, any Person who shall receive any such Property, knowing the same to be unlawfully come by, shall, on Conviction thereof before a Justice of the Peace, be liable, for every First, Second, or subsequent Offence of receiving, to the same Forfeiture and Punishment to which a Person guilty of a First, Second, or subsequent Offence of stealing or taking such Property is by this Act made liable. CXIV. And be it enacted, That if any Person shall unlawfully and maliciously set fire to any Church or Chapel, or other public Place of Religious Worship whatsoever, or shall unlawfully and maliciously set fire to any House, Stable, Coach-house, Outhouse, Warehouse, Office, Shop, Mill, Barn, or Granary, or to any Building or Erection used in carrying on any Trade or Manufacture, or any Branch thereof, whether the same or any of them respectively shall then be in the Possession of the Offender, or in the Possession of any other Person, with Intent thereby to injure or defraud any Person, every such Offender shall be guilty of Felony, and being convicted thereof, shall suffer Death as a Felon. CXV. And be it enacted, That if any Person shall unlawfully and maliciously destroy, or damage with Intent to destroy or to render useless, any Goods or Articles in any Stage, Process, or Progress of Manufacture; or shall unlawfully and maliciously cut, break, or destroy, or damage with Intent to destroy or to render useless, any Loom, Frame, Machine, Engine, Rack, Tackle, or Implement, whether fixed or moveable, prepared for or employed in manufacturing or preparing any such Goods or Articles; or shall by Force enter into any House, Shop, Building, or Place, with Intent to commit any of the Offences aforesaid; every such Offender shall be guilty of Felony,. and being convicted thereof, shall be liable, at the Discretion of the Court, to be transported to such Place as the Court shall direct, for Life, or for any Term of Years, or to be imprisoned for any Term not exceeding Four Years, and if a Male to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit), in addition to such Imprisonment. CXVI. And be it enacted, That if any Persons, riotously and tumultuously assembled together to the Disturbance of the Public Peace, shall unlawfully and with Force demolish, pull down, or destroy, or begin to demolish, pull down, or destroy, any Church or Chapel, or other public Place of Religious Worship whatsoever, or any House, Stable, Coach-house, Outhouse, Warehouse, Office, Shop, Mill, Barn, or Granary, or any Building or Erection used in carrying on any Trade or Manufacture, or any Branch thereof, or any Machinery, whether fixed or moveable, prepared for or employed in any Manufacture or in any Branch thereof, every such Offender shall be guilty of Felony, and being convicted thereof, shall suffer Death as a Felon. CXVII. And be it enacted, That if any Person shall unlawfully and maliciously set fire to or in anywise destroy any Ship or Vessel, whether the same be complete or in an unfinished State, or shall unlawfully and maliciously set fire to, cast away, or in anywise destroy any Ship or Vessel, or shall unlawfully and maliciously set fire to any Goods being on board any Ship or Vessel as Cargo, with Intent to burn or destroy such Cargo or Ship, and with Intent thereby to prejudice any Owner or Part CXVIII. And be it enacted, That if any Person shall unlawfully and maliciously damage, otherwise than by Fire, any Ship or Vessel, whether complete or in an unfinished State, with Intent to destroy the same or to render the same useless, every such Offender shall be guilty of Felony, and being convicted thereof, shall be liable, at the Discretion of the Court, to be transported to such Place as the Court shall direct for any Term not exceeding Seven Years, or to be imprisoned for any Term not exceeding Two Years, and if a Male to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit), in addition to such Imprisonment. CXIX. And be it enacted, That if any Person shall exhibit any false Light or Signal, with Intent to bring any Ship or Vessel into Danger, or shall unlawfully and maliciously do any thing tending to the immediate Loss or Destruction of any Ship or Vessel in Distress, or destroy any Part of any Ship or Vessel which shall be in Distress, or wrecked, stranded, or cast on Shore, or any Goods, Merchandize, or Articles of any kind belonging to such Ship or Vessel, or shall by Force prevent or impede any Person endeavouring to save his Life from such Ship or Vessel (whether he shall be on board or shall have quitted the same), every such Offender shall be guilty of Felony, and being convicted thereof, shall suffer Death as a Felon. CXX. And be it enacted, That if any Person shall unlawfully and maliciously break down or cut down any Sea Bank or Sea Wall, or the Bank or Wall of any River, Canal, or Marsh, whereby any Lands shall be overflowed or damaged, or shall be in danger of being so, or shall unlawfully and maliciously throw down, level, or otherwise destroy any Lock, Sluice, Floodgate, or other Work on any navigable River or Canal, every such Offender shall be guilty of Felony, and being convicted thereof, shall be liable, at the Discretion of the Court, to be transported to such Place as the Court shall direct, for Life, or for any Term of Years, or to be imprisoned for any Term not exceeding Four Years, and if a Male to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit), in addition to such Imprisonment; and if any Person shall unlawfully and maliciously cut off, draw up, or remove any Piles, Chalk, or other Materials fixed in the Ground, and used for securing any Sea Bank or Sea Wall, or the Bank or Wall of any River, Canal, or Marsh, or shall unlawfully and maliciously open or draw up any Floodgate, or do any other Injury or Mischief to any navigable River or Canal, with Intent and so as thereby to obstruct or prevent the carrying on, completing, or maintaining the Navigation thereof, every such Offender shall be guilty of Felony, and being convicted thereof, shall be liable, at the Discretion of the Court, to be transported to such Place as the Court shall direct for any Term not exceeding Seven Hh 4 Years, Breaking down the Dam of a Fishery. Killing or maiming Cattle. Setting fire Grain, &c. or to any Plantation, &c. Malice against the Owner of the Property not essential to the Offence. All Acts, &c. repealed by 7 & 8 G. 4. c. 27. and 9 G. 4. c. 31. as to England, shall be repealed in like Manner within Years, or to be imprisoned for any Term not exceeding Two CXXI. And be it enacted, That if any Person shall unlawfully and maliciously break down or otherwise destroy the Dam of any Fishpond, or of any Water which shall be private Property, or in which there shall be any private Right of Fishery, with Intent thereby to take or destroy any of the Fish in such Pond or Water, or so as thereby to cause the Loss or Destruction of any of the Fish, or shall unlawfully and maliciously put any Lime or other noxious Material in any such Pond or Water, with Intent thereby to destroy any of the Fish therein, every such Offender, being convicted thereof before a Justice of the Peace, shall forfeit and pay, over and above the Amount of the Injury done, such Sum of Money, not exceeding Fifty Sicca Rupees, as to the Justice shall seem meet. CXXII. And be it enacted, That if any Person shall unlawfully and maliciously kill, maim, or wound any Cattle or Beast of Burthen, every such Offender shall be guilty of Felony, and being convicted thereof, shall be liable, at the Discretion of the Court, to be transported to such Place as the Court shall direct, for Life, or for any Term of Years, or to be imprisoned for any Term not exceeding Four Years, and if a Male to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit), in addition to such Imprisonment. CXXIII. And be it enacted, That if any Person shall unlawfully and maliciously set fire to any Stack of Rice, Corn, or other Grain, Pulse, Sugar Cane, Straw, Hay, or Wood, or to any Crop of Rice, Corn, or other Grain, or Pulse, or Sugar Cane, whether standing or cut down, or to any Part of a Wood, Coppice, or Plantation of Trees or valuable Plants, or to any Grass, Fern, or other like Ground Produce, wheresoever the same may be growing, every such Offender shall be guilty of Felony, and being convicted thereof, shall be liable, at the Discretion of the Court, to be transported to such Place as the Court shall direct for any Term not exceeding Seven Years, or to be imprisoned for any Term not exceeding Two Years, and if a Male to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit), in addition to such Imprisonment. CXXIV. And be it enacted, That every Punishment and Forfeiture by this Act imposed on any Person maliciously committing any Offence, whether the same be punishable upon Indictment or upon summary Conviction, shall equally apply and be enforced, whether the Offence shall be committed from Malice conceived against the Owner of the Property in respect of which it shall be committed, or otherwise. CXXV. And be it enacted, That all Acts and Parts of Acts which by an Act passed in the Seventh and Eighth Years of the Reign of His present Majesty, intituled An Act for repealing various Statutes in England relative to Benefit of Clergy, and to Larceny and other Offences connected therewith, and to malicious Injuries to Property, and to Remedies against the Hundred; or by an Act passed in the present Session of Parliament, intituled Ax Act India. Act for consolidating and amending the Statutes in England relative the Jurisdiction to Offences against the Person; are, as to that Part of the United of the Courts Kingdom called England, and as to Offences committed within of Justice in the Jurisdiction of the Admiralty of England, repealed, except as therein mentioned, shall, from and after the said First Day of March One thousand eight hundred and twenty-nine, as to all Persons, Matters, and Things over whom or which the Jurisdiction of any of His Majesty's Courts of Justice erected within the British Dominions under the Government of the said United Company extends, be repealed, except so far as any of the said Acts may repeal the Whole or any Part of any other Acts, and except as to Offences and other Matters committed or done before or upon the Day of this Act taking effect, which shall be dealt with and punished as if this Act had not been passed. CXXVI. And be it enacted, That so much of an Act passed in the Thirty-ninth and Fortieth Years of the Reign of His late Majesty King George the Third, intituled An Act for establishing 39 & 40 G. S. further Regulations for the Government of the British Territories in c.79. India, and the better Administration of Justice within the same, as relates to the Transportation of Offenders; and so much of an Act passed in the Fifty-third Year of the same Reign, intituled An 53 G. 3. c. 155. Act for continuing in the East India Company for a further Term the Possession of the British Territories in India, together with certain exclusive Privileges; for establishing further Regulations for the Government of the said Territories and the better Administration of Justice within the same; and for regulating the Trade to and from the Places within the Limits of the said Company's Charter, as relates to the stealing or taking by Robbery of Securities for Payment of Money, to the falsely making, forging, counterfeiting, or altering, or to uttering, publishing, selling, offering, disposing of or putting away, knowing the same to be false, forged, or counterfeited, any Writings, Licences, Certificates, or attested Copies thereof, or to counterfeiting Coin, or to uttering, tendering in Payment, selling, giving in Exchange, paying, putting off, or having in Possession, forged or counterfeit Coin; and so much of an Act passed in the Fourth Year of the Reign of His present Majesty, intituled An Act to consolidate and amend the and 4G.4. Laws for punishing Mutiny and Desertion of Officers and Soldiers c.81. in part in the Service of the East India Company, and to authorize Soldiers repealed. and Sailors in the East Indies to send and receive Letters at a reduced Rate of Postage, as requires that the Oaths to be taken by Members of General or other Courts Martial, or Courts of Requests composed of Military Officers, shall be taken upon the Holy Evangelists; shall, from and after the Day of this Act taking effect, in like Manner and with the like Exceptions, be and the same is hereby repealed. CXXVII. And be it enacted, That all Persons, whether British Subjects or others, employed by or in the Service of His Majesty, shall be held subject and amenable to the Criminal Jurisdiction of His Majesty's Courts of Justice, erected or to be erected within the British Territories under the Government of the said India Company, for all Crimes and Offences to be by them committed on or from and after the First Day of March One thousand eight hundred and twenty-nine, in the same Manner as Persons Persons employed by His Majesty shall be amenable to Courts in India. |