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9. Any Person charged with such a Misdemeanour as last afore- Offenders said in relation to Stores the Value of which does not exceed may be summarily conFive Pounds shall be liable on summary Conviction before a victed in Justice of the Peace to a Penalty not exceeding Twenty Pounds, certain 5 or, in the Discretion of the Justice, to be imprisoned for any Term not exceeding Six Months, with or without Hard Labour.

Cases.

Conviction

10. Every Conviction of a Dealer in old Metals for any Offence Effect of in this Act expressed to be a Felony or Misdemeanour shall, for the of Dealer in Purposes of Registration and its Consequences under The Old Metal old Metals. 10 Dealers Act, 1861, be equivalent to a Conviction under that Act.

11. In order to prevent a Failure of Justice in some Cases by Persons, not reason of the Difficulty of proving Knowledge of the Fact that Stores bore such a Mark as aforesaid,

Dealers in Marine Stores, &c., found in possession of

If any Naval or Victualling Stores bearing any such Mark are 15 found in the Possession of any Person not being a Dealer in Marine Naval or Stores or a Dealer in Old Metals, and not being in Her Majesty's Victualling Stores, Service, and such Person, when taken or summoned before a Justice and not satisof the Peace, does not satisfy the Justice that he came by the Stores factorily accounting so found lawfully, he shall be liable, on Conviction by the Justice, for it, liable 20 to a Penalty not exceeding Five Pounds; and if any such Person to Penalty. satisfies the Justice that he came by the Stores so found lawfully, the Justice, at his Discretion, as the Evidence given and the Circumstances of the Case require, may summon before him every Person through whose Hands such Stores appear to have passed, and if any such Person as last aforesaid who has had Possession thereof does not satisfy the Justice that he came by the same lawfully, he shall be liable, on Conviction by the Justice, to a Penalty not exceeding Five Pounds.

25

explained.

12. For the Purposes of this Act, Stores shall be deemed to be Criminal 30 in the Possession or Keeping of any Person if he knowingly has Possession 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 35 Benefit of another.

to creep, &c.

13. It shall not be lawful for any Person, without Permission in No unauthoWriting from the Admiralty or from some Person authorized by the rized Person Admiralty in that Behalf, to creep, sweep, dredge, or otherwise for Stores search for Stores in the Sea or any Tidal Water within One hun- within 100 40 dred Yards from any Vessel belonging to Her Majesty or in Her Dockyards, Majesty's Service, or from any Mooring Place or Anchoring Place &c.

Yards of

Parts of

24 & 25 Vict.

c. 96. (Larceny) incorporated.

Admiralty

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 Justice of the Peace, to a 5 Penalty not exceeding Five Pounds, or to be imprisoned for any Term not exceeding Three Months with or without Hard Labour.

14. The following Sections of the Act of the Session of the Twenty-fourth and Twenty-fifth Years of Her Majesty (Chapter Ninety-six), "to consolidate and amend the Statute Law of England 10 “and Ireland relating to Larceny and other similar Offences," shall be incorporated with this Act, and shall for the Purposes of this Act be read as if they were here re-enacted, namely, Sections Ninety-eight to One hundred, One hundred and three, One hundred and five, One hundred and seven to One hundred and thirteen, 15 and One hundred and fifteen to One hundred and twenty-one, all inclusive; and for this Purpose the Expression "this Act," when used in the said incorporated Sections, shall be taken to include the present Act.

15. It shall not be competent for any Person, other than the 20 alone to pro- Admiralty, to institute or carry on under this Act any Prosecution or Proceeding for any Offence.

secute.

Penalties,

&c. to be applied

16. Notwithstanding anything in any Act relating to Municipal Corporations or to the Metropolitan Police Force or in any other under Orders Act, any pecuniary Penalty or other Money recovered under this 25 Act shall be paid or applied as the Admiralty direct.

of Admi

ralty.

Saving for
Indictment.

17. Nothing in this Act shall prevent any Person from being indicted under this Act or otherwise for any indictable Offence made punishable on summary Conviction by this Act, or prevent any Person from being liable under any other Act or otherwise to 30 any other or higher Penalty or Punishment than is provided for any Offence by this Act, so that no Person be punished twice for the same Offence.

SCHE

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SCHEDULE.

MARKS appropriated for Her Majesty's Use in or on Naval and
Victualling Stores.

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Guarantee the Liquidation of a Loan for the
Service of the Colony of New Zealand.

W

HEREAS by an Act of the General Assembly of New Preamble. Zealand passed in the Twenty-seventh Year of Her Majesty, intituled "An Act for raising a Loan of Three "million Pounds Sterling for the Public Service of the Colony of 5" New Zealand," it was enacted, that it should be lawful for the Governor of New Zealand to appoint the Agent or Agents therein mentioned, with Authority to borrow and raise on behalf of the said Colony such Sum or Sums of Money not exceeding in all Three million Pounds Sterling as the said Governor might 10 direct: And whereas it is expedient that the Commissioners of Her Majesty's Treasury should be authorized to guarantee the Payment of Interest and Repayment of the Principal of Part of the Sum so to be borrowed, not exceeding the Amount of One million Pounds Sterling, upon the Conditions herein-after mentioned: Be it therefore 15 enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

recited Act

1. The Liquidation of all such Sums, not exceeding in the whole Sums bor20 the Sum of One million Pounds, as shall be borrowed and raised rowed under in Great Britain, with the Approbation of the Commissioners of of General

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