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The Laws of England, Compiled and translated into the Māori language.

Part First. — Criminal Offences

[i roto i te reo Māori]

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Part First.
Criminal Offences.

page 1
Offences Punishable By Indictment in the Supreme Court
Or By Summary Proceedings Before A Resident Magistrate, Or One Or More Justices of the Peace.
Name and Description of Offence. Penalty or Punishment. In what Court.
1. Abduction is the unlawful taking of an unmarried girl under the age of 16 years out of the possession of and against the will of the person having the lawful charge of her. Fine or imprisonment, or both. Supreme Court.
(See Note.).
2. Abortion.
Administering to or causing to be taken by a woman any poison or other noxious thing to procure miscarriage, or using any instrument or other means with the like intent. Imprisonment for life or less. Id.
Accessory after the fact. Imprisonment not exceeding two years. Id.
3. Accessories.
Before the fact to any felony. Same as principal. Id.
After the fact to any felony, not specially provided for. Imprisonment not exceeding four years. Id.
(Sec Note.)
4. Accusing of Crime.
Accusing or threatening to accuse another of a crime with the view of extorting money, &c. See "Threatening." No. 89. Imprisonment for life or less. Id.
(See Note.)
5. Affray.
Two or more fighting in some public place to the terror of the people. Fine or imprisonment, or both. Id.
(See Note.)
6. Animals, see Cruelty to Animals, No. 30. page 2
7. Arms.
Training to the use of, or aiding therein, being present for the purpose of being trained, or being trained without the authority of the Government. Imprisonment not exceeding four years; or fine or imprisonment, or both. Supreme Court.
Riding or going armed with dangerous or unusual weapons. Forfeiture of arms, and imprisonment during pleasure of the Crown.
Importing or wilfully and knowingly landing or disposing of, or causing to be landed or disposed of, arms, gunpowder, or warlike stores, without a license. Forfeit not exceeding £500, besides thing landed or disposed of. Resident Mag trate's Court.
Master of any vessel wilfully, knowingly, and without a license, landing or disposing of, or causing or permitting to be landed or disposed of any such arms, &c. Not exceeding £500 and forfeiture of his vesse. Id.
Wilfully and knowingly, and contrary to proclamation, selling or disposing of any arms, gunpowder, or other warlike stores, without a license. Not exceeding £500 and forfeiture of the thing landed or disposed of. Id.
Removing or causing to be removed, from one part of the Colony to another, any arms, or any gunpowder above the weight of two pounds, with out a license from a Justice. Not exceeding £50 nor less than £5. Id.
Arms or gunpowder so removed. Forfeited. Id.
Making or mending any arms, or making gunpowder without a license. Not exceeding £50 or less than £5. Id.
Note: One half of penalties to the Informer.
8. Arson.
Setting fire to any dwelling house, any person being therein. Death or imprisonment for life. Supreme Coart
Setting fire to any church, or any house or other building. Imprisonment for life or less. Id.
Setting fire to or in any wise destroying any ship, with intent to murder, &c. Death or imprisonment for life. Id.
Setting fire to or destroying any ship, whether incomplete or not, with intent to injure owner or goods on board. Imprisonment for life or less. Id.page 3
Setting fire to any stack of corn, hay, or wood, &c. Imprisonment for life or less. Supreme Court.
Setting fire to any crop of grain, &c., whether standing or cut. Imprisonment not exceeding four years. Id.
Setting fire to any farm-building with intent to injure or defraud any person. Imprisonment for life or less. Id.
Or to any straw, hay, &c., in any such building, with intent to fire same. Same. Id.
Placing upon or throwing into any building gunpowder with intent to damage or destroy the same. Imprisonment not exceeding eight years. Id.
Attempting by any overt act to set fire to any building or to any stack or to any vegetable produce of any kind, although such building, &c. be not actually set on fire. Imprisonment not exceeding 8 years. Id.
Knowingly having in his possession any gunpowder or any dangerous or noxious thing, or any instrument or thing with intent by means there of to commit either of the two last named offences. Imprisonment not exceeding 2 years. Id.
Accessories after the fact. Imprisonment not exceeding 2 years. Id.
Setting fire to any goods in any building, the setting fire to which is felony. Imprisonment not exceeding 6 years. Id.
(Sec Note )
9. Assault.
Common.
Any person unlawfully assaulting or beating any other person. Fine, not exceeding together with costs of conviction £5, or imprisonment for not exceeding 2 months. Resident Magistrate's Court, or two Justices.
Note.—Not exceeding one half of the penalty may be awarded to person injured, if assault was wanton and attended with bodily injury.
If serious. Fine and Imprisonment. Supreme Court.page 4
Shooting at any person; attempting to discharge loaded arms, or stabbing, cutting, or wounding any person with intent to maim, disfigure, disable, or to do some grievous bodily harm, or to prevent the lawful apprehension of any person. Imprisonment for life or less Supreme Court.
Unlawfully and malieiously inflicting upon any other person either with or without any weapon any grievous bodily harm, or unlawfully and maliciously stabbing, cutting or wounding any person. Imprisonment not exceeding three years. Id.
Sending an explosive substance or throwing a corrosive fluid with intent to harm or maim any person. Imprisonment for life or less Id.
By the explosion of gunpowder or other explosive substance destroying any building with intent to murder or disable or do grievous bodily harm to any person. Imprisonment for life or less. Id.
Accessories after the fact.
See "Attempts to Murder." No. 10.
Assaulting any person with intent to rob. Imprisonment not exceeding 3 years. Id.
Assault with intent to commit a felony or a rape. Imprisonment not exceeding 2 years; also fine and sanction to keep the peace. Id.
Assault on Constable on duty, or person acting in his aid. Same. Id.
Assault on any person with intent to resist or prevent the lawful apprehension or detainer of the party so assaulting or of any other person. Same. Id.
On special constable or encouraging another so to do. Same. Id.page 5
Impeding persons endeavouring to escape from wreeks. Imprisonment for life or less. Supreme Court.
(See Note.)
10. Attempts to Murder, &c.
Administering poison or other destructive thing, or stabbing, cutting, or wounding, or causing bodily injury with intent to commit murder. Death or imprisonment for life. Id.
Attempting to administer poison, &c., or shooting at &c., or attempting to drown, suffocate, or strangle, with intent to murder. Imprisonmet for life or less. Id.
Accessories after the fact. Imprisonment not exceeding 2 years. Id.
Unlawfully administering any stupifying drug, or other thing, with intent thereby to enable such offender or any other person to commit any felony. Imprisonment for life or less. Id.
11. Attempts To Commit Crime.
Attempt to commit misdemeanor or felony. Fine or imprisonment, or both. Id.
12. Bawdy House.
Keeping a bawdy or other disorderly house. Fine or imprisonment, or both. Id.
13. Bigamy.
Married person marrying another in the life time of former husband or wife; or person counselling, aiding or abetting offence. Imprisonment not exceeding 4 years. Id.
14. Blasphemy.
Profane words, about God, contumelious reproaches of Jesus Christ, profane scoffing at the Holy Scriptures, or exposing them to ridicule. Fine and imprisonment. Id.page 6
15. Bribery.
Taking by or offering to a Judge or Constable, or any person whose ordinary business relates to the administration of public Justice any reward to influence his behaviour. Fine and imprisonment. Supreme Court.
(See Note.)
16. Burglary.
Breaking and entering into the Dwelling House of another by night, with intent to commit a felony therein, or being there and committing a felony, breaking out. Imprisonment for life or less. Id.
If this is accompanied with assaulting with intent to murder any person therein, or stabbing, wounding, or striking any person. Death or imprisonment for life. Id.
17. Carnally Knowing Female Children.
Girls, under the age of 10 years, with or without consent. Imprisonment fur life or less. Id.
Girls under the age of 12 years, and above 10, with consent. Imprisonment for such term as court awards. Id.
Ditto without consent. Imprisonment for life. Id.
18. Cattle.
Stealing any borse, cow, or sheep, or wilfully killing the same, with intent to steal the carcase or skin. Imprisonment not execediag 8 years. Id.
Maliciously killing, maiming, or wounding Cattle. Imprisonment not exceeding 8 years. Id.
19. Challenge.
Provoking to fight or send a challenge; also sending a challenge or taking same. (See Note.) Fine or Imprisonment, or both. Id.page 7
20. Cheating.
Selling by false weights. Fine or Imprisonment. Supreme Court.
Obtaining by false pretences from any person any money or valuable thing, with intent to cheat or defraud of the same. Imprisonment not exceeding 4 years, or fine or imprisonment, or both. Id.
Attempting to obtain same. Fine or imprisonment, or both. Id.
21. Children. See Carnally Knowing— Concealing Birth.
22. Coin.
Counterfeiting gold or silver coin, Imprisonment for life or less. Id.
Impairing ditto. Imprisonment not exceeding 8 years. Id.
Uttering counterfeit gold or silver coin. Imprisonment not exceeding 1 year. Id.
Second offence. Imprisonment for life or less. Id.
Making or mending or having possession of coining tools. Imprisonment for life or less. Id.
Having possession of counterfeit coin, witb intent to utter same. Imprisonment not exceeding 3 years. Id.
Sccond offence. Imprisonment for life or less. Id.
Counterfeiting copper coin. Imprisonment. Id.
Uttering false copper coin or having possession of 3 or niore pieecs with intent to utter. Imprisonment not exceeding 1 year. Id.
23. Compounding.
Compounding a felony is taking a reward for forbearing to prosecute a felony, such as receiving back stolen goods, on an agreement not to prosecute. Fine and imprisonment. Id.
(Sec Larceny) page 8
Compounding a misdemeanour. Fine and Imprisonment. Supreme Court.
Compounding information on penal statute. (See Note.) Same. Id.
24. Concealing Birth.
By woman of child by secret burying or otberwise disposing of dead body. Imprisonment not exceeding 2 years. Id.
25. Conspiracies. Fine or imprisonment, or both. Id.
By two or more persons.
1.To charge another with crime.
2.To injure others.
3.To commit illegal offence.
4.To prevent the course of justice.
5.To effect legal purposes by improper means.
26. Constable.
Refusing to assist Constable when called upon. Fine or imprisonment, or both. Id.
Neglecting duty, or disobeying any lawful Warrant, or order of any Justice. Not exceeding 40s.; or imprisonment for not exceeding 10 days, unless sooner paid. Two Justices, or Resident Magistrate.
Taking a bribe or neglecting to execute Warrant, &c. Fine not exceeding £20, one third to informer, or imprisonment not exceeding six months. Resident Magistrate.
Deserting. Not exceeding £20, one third to informer. Id.
Any person harhouring or entertaining Constable. Not exceeding £5; not exceeding one third to informer. Id.page 9
As to special Constables.
Any person appointed a special Constable refusing to take the oath when required. Not exceeding £5 or imprisonment not exceeding one month. Two Justiees or Resident Magistrate.
Neglecting or refusing when called upon to serve as such special Constable. Not exceeding £5. Id.
Neglecting or refusing to obey any lawful orders given to him for the performance of his duty unless sufficient excuse shewn. Not exceeding £5. Id.
Any person assaulting or resisting any Constable whilst in the execution of his office, or promoting or encouraging any person to do so. Not exceeding £20 or imprisonment not exceeding one month, where the sum to be paid does not exceed £5, and not exceeding two months in any other case unless fine sooner paid. Id.
27. Contempt of Court
Any person insulting Justice, or guilty of wilful contempt of Court. Imprisonment not exceeding 1 month. Resident Magistrate or 1 Justice of the Peace.
If of Supreme Court. Fine or imprisonmentor both. Supreme Court.
28. Court (Contempt Of.) (See ante.)
Crime. See "Attempt to Commit," 11
29 Cruelty
To those of tender years under one's control. Fine or Imprisonment, or both. Id.page 10
30. Cruelty To Animals.
Cruelly beating, ill-treating or abusing horses or other cattle. Fine 40s., in default 14 days' imprisonment. 1 Justice.
Impounding Cattle or any animal in any enclosed place without giving sufficient food daily. Forfeit 5s. per day. I Justice.
31. Customs. See "Smuggling."
32. Declaration.
Making declaration, knowing it to be untrue, before any Justice of the Peace or other person authorised to take the same. Fine and imprisonment. Supreme Court.
33. Disturbance. See "Affray," 'Riot."
34. Dogs.
Stealing any dog or having a stolen one in possession, knowing it to be stolen.
First ofience. Not exceeding £20 over and above the value of the animal. 1 Justice.
Second offence. Imprisonment not exceeding 12 calendar months. Id.
The following laws about dogs apply only to Auckland and the Towns:
Any dog upwards of 3 months old on any highway or unenclosed land without a tieket affixed, the owner to forfeit. Not exceeding 20s. Id.
Falsely making or counterfeiting any tieket, or purchasing, using, or having any ticket knowing same to be counterfeit. Not exceeding £20. Id.
Any dog, with or without ticket, at large in any highway without his owner, may be seized by any coustable, and if claimed within 48 hours, the claimant shall pay 5s. Id.
If not claimed after notice, dog may be killed. page 11
Any ferocious dog at large may be killed and person permitting him to be at large shall forfeit. Not exceeding 40s. 1 Justice.
Owner of any dog attacking any person or cattle on any highway or unenclosed place whereby life or limbs of any person shall be endangered, or cattle or other property injured. Not exceeding £5. Id.
Note.—One half of penalties may be paid to informer or prosecutor.
35. Drug.
Unlawfully administering any Chloroform, Laudanum, or other stupifying, or overpowering drug, matter, or thing, with intent to commit or to assist in commiting a felony. Imprisonment for life or less. Supreme Court.
36. Drunkenness.
Any person convicted of drunkenness. From 1s. to 20s. In default, imprisonment not exceeding 48 hours. 1 Justice.
Any person convicted 3 times within 6 months. Same sum, and Imprisonment for 7 days. Id.
37. Escape, Prison Breach, & Rescue.
Rescuing from Gaoler, &c. Imprisonment not exceeding 8 years. Supreme Court.
Offender returning from Transportation or escaping from penal servitude. The same as the party escaping was sentenced, or, if unsentenced, a Misdemeanor. Id.
Officer having person in charge for felony voluntarily permitting his escape. Imprisonment not exceeding 4 years. Id.page 12
Breaking prison when in custody for a capital offenee. Imprisonment not exceeding 4 years. Supreme Court.
The like on a minor charge. Fine or Imprisonment. Id.
Conveying instruments, &c, into prison to assist prisoners to escape. Imprisonment not exceeding 8 years. Id.
Bringing or attempting to bring any spirits, &c, into any gaol. Fine not exceeding £20. Resident Magistrate's Court.
Rescuing a prisoner from custody when not convicted or convicted only of a misdemeanor. Fine or imprisonment, or both. Supreme Court.
The like when charged or convicted of treason or felony. Same as principal, or imprisonment not exceeding 4 years. Id.
Aiding a prisoner in custody for treason or felony to make his escape while being conveyed to prison or in prison. Imprisonment for 4 years. Id.
The like in custody for petty larceny or debt of £100. Fine and Imprisonment Id.
Aiding by any means a prisoner to escape. Imprisonment not exceeding 8 years. Id.
Rescuing goods in custody of law, or breaking open a pound. Fine or imprisonment, or both. Id.
Any person sentenced for less than life escaping Imprisonment not exceeding fire years. Id.
Any person sentenced for life escaping. Original sentence and solitary confinement not exceeding 14 days at a time, or 3 months in one year. Id.page 13
Note.—£20 paid as a reward to informer of person escaped.
Rescuing or attempting to rescue any convict under sentence of penal servitude. Imprisonment not exceeding 10 years. Supreme Court
38. Extortion.
By any officer by colour of Lis office. (See Note.) Fine or Imprisonment, or both. Id.
39. False Imprisonment.
Taking a person into custody without authority of Law, Same. Id.
40. Felony.
This is a general name given to offences of a high nature, such as Theft, Murder, &c, and is such as causes a total forfeiture of Goods and Chattels, and to which sometimes the punishment of death is superadded.
Misprision of felony is the concealment of a felony which a man knows of, but never assented to, for if he assented this makes him either principal or accessory. Fine or imprisonment, or both. Id.
41. Fighting.
Sec "Affray," "Assault," "Challenge," "Riot."
42. Fire. Setting on Fire. See "Arson."
43. Forgery.
This is a false making or alteration of any written instrument whereby another may be prejudiced with intent to defraud. Imprisonment for life, or less Id.page 14
Forgery of private securities, such as Banl Notes, orders for payment of money, receipts orders for delivery of goods. Imprisonment for life or less Supreme Court.
Offering or disposing of same, knowing them to be forged. Imprisonment for life or less Id.
Forgery at Common Law, not provided for by statute. Fine or imprisonment, or both. Id.
Accessories after the fact. Imprisonment not exceeding 2 years. Id.
Purchasing or having possession of materials for making false Bank Notes. Imprisonment not exceeding 10 years. Id.
44 Gaol.
See "Escape," "Prison Breach," "Rescue," 37.
45 Girls.
See "Abduction," 1. "Carnally Knowing," 17.
46. God.
See "Blasphemy," 14.
47. Harbour Regulations.
Landing rubbish on any land belonging to the Crown, except in places pointed out by the Harbour Master. Not exceeding £5. I Justice.
Leaving Timber or other bulky article on any Public Wharf or Landing Place. Same. Id.
Throwing overboard from any vessel or boat any ballast, rubbish, gravel, earth; stone, or filth. Not exceeding £20. Id.
Removing, wilfully injuring, or destroying, any buoy, beacon, or sea mark. £20. Id.page 15
Throwing a dead animal into the harbour within the limits of the anchorage, without attaching sufficient weight to sink it. Not exceeding 20s, nor less than 5s. 1 Justice.
Firing guns from vessels between the hours of sunset and sunrise, and on Sunday, (except in case of distress.) Not exceeding £5 Id.
Removing shingle, stone, shells, or soil, below high, water mark, without permission from Harbour Master or in his absence Resident Magistrate. Not exceeding £10 Id.
Unshipping, or concerned in unshipping, or landing any goods, wares, packets, books, letters, or other things, from any ship in quarantine, or knowingly receiving any such thing. £20 for each article Going within the limits of any Quarantine Station, when any vessel there performing quarantine.
(Sec Note.)
Housebreaking. See "Burglary."
Breaking and entering a Dwelling House, Shop, or Warehouse, or building attached to a dwelling house, and stealing therein. Imprisonment not exceeding 8 years. Supreme Court
Stealing in any Dwelling House, any chattel, money, or valuable security, to the value of £5 Same. Id.
Any person armed with any dangerous weapon, or having in his possession any instrument for house-breaking, or foundby sight with his face disguised with intent to commit a felony, or found by night in any dwelling house or other building with intent to commit a felony therein. Imprisonment not exceeding 3 years Id.
Also, see "Burglary."
49. Imprisonment.
See "False Imprisonment."
50. Indecency.
Exposing person naked to public view, or any notorious lewdness, or scandalous conduct, wilfully and openly outraging decency. Fine or imprisonment, or both. Id.page 16
51. Injuries. (Sec "Malicious Injuries.")
52. Jury.
Any person served with a notice to attend as a Juror, and not attending. Not exceeding £10 Supreme Court.
53. Killing.
See "Murder," 65. "Manslaughter," 59. "Suicide," 85.
54. Land.
Any person purchasing or agreeing to purchase any estate or interest in Land, from any person of the native race, or agreeing with any such person for the purchase of the right of cutting timber, or of the right of mining, or of pasturage, or of the occupation of Land. Not exceeding £100, nor less than £5. Resident Magistrate.
Any person without a license from the Governor occupying any Land not comprised in a Grant from the Crown, either by depasturing Cattle or Sheep thereon, or by residing thereon, or by erecting any building thereon, or by clearing, enclosing or cultivating any part thereof, or who shall have cut Timber, or got any mineral without License. Same. Id.
If person convicted continue for space of one month in possession or occupation of such Land, or otherwise persist in the unlawful act for which he has been convicted, for such further offence Same. Id.
Note.-Not exceeding one half of the penalty may be given to any person active in procuring conviction.
55. Larceny
The taking and carrying away of the personal goods of another without the consent, or against the will of the owner, without any bona fide claim of right with intent to appropriate the same. Penal servitude not exceeding 4 years. Supreme Court.
If value of property stolen do not exceed 20s., and if the circumstances of the case appear of a trivial nature, the Resident Magistrate may dismiss the case, or may sentence offender summarily. Imprisonment not exceeding G months Resident Magistrate's Court.'page 17
If value of property stolen do not exceed £5 and if party after hearing information and evidence confesses. Imprisonment not exceeding 2 months Resident Magistrate Court.
If person of native race accused of theft, or of receiving stolen goods, after hearing information and evidence confesses Imprisonment not exceeding 2 years Id.
Person of native race so convicted may by permission of the Resident Magistrate at any time before sentence passed, pay into Court four times the value of the goods stolen, and if the goods stolen have been restored to the owner by the thief, such person may pay the same; or a less sum, in the discretion of the Resident Magistrate. This pay scent instead of imprisonment.
Stealing or baring in possession. Knowing to be stolen, any beast or bird, ordinnrly kept in a state of confinement not being the subject of larceny at common law.
First offence. Forfeit not exeecdinz £20 besides value of thing' stolen, in default:— 1 Justice.
Not exceeding £5, not exceeding 2 months;
Not exceeding £10, not exceeding 4 months;
Not exeeeding £20, not exceeding 6 months; - unless sooner paid
Second offence Imprieonment not exeeeding 12 months. Id.
Wilfully killing or wounding tame pigeon. 40s. above value of pigeon, In default imprisonment. Id.
Stealing trees or shrubs in a garden or orchard, exceeding £1 in value, or,
Cutting, breaking, rooting up such trees, &c, or otherwise damaging with intent to steal
First offence. Imprisonment not exceeding 4 years Suprerc Court.page 18
If in value above 1s., and under £1.
First offence. • Penalty not exceeding £5. 1 Justice.
Second offence, not less than Is., and under £1. Imprisonment not exceeding 1 year. Id.
Third offence. Imprisonment not exceed-ing 4 years- Id.
Stealing, damaging, &c, if in value less than Is. Penalty not exceeding £5. Id.
Stealing, cutting, or breaking, or throwing down with intent to steal, any fence or wooden post or rail set up or used as a fence, or any stile or gate.
First offence. Besides value of article, for-feit not exceeding £5. In de-fault, imprisonment. Id.
Second offence. Imprisonment not exceeding 1 •year. Id.
Third offence. Imprisonment not exceeding 4 years. Id.
Person found to be in possession of any such 'tree, shrub, fencing, or gate, and not accounting "for such possession to satisfaction of Justice. Over and above value, forfeit £2; in default, imprisonment not exceeding 6 months. Id.
Destroying or damaging with intent to steal any plaut, root, or fruit, growing in any garden or orchard. 1
First offence. EiCher imprisonment for not more than 6 months, or forfeit besides value or injury not ex-ceeding £20; in default, im-prisonment not exceeding 6 months. Id.page 19
Second office, Felony. Imprisonment not exceeding 2 years. Supreme Court.
Third and subsequent offence. Imprisonment not exeeeding 4 years. Id.
Any person aiding the commission of these offences, relating to animals, trees, roots and fences. Same forfeiture or punishment as principal. Id.
Any person receiving any animal, tree, root, or fence, (the stealing of which is mentioned under this title,) knowing the same to have been unlawfully come by. Same forfeiture and punishment as principal. 1 Justice.
Stealing orders, bills, or other securities, for money or goods, Imprisonment not exceeding 2 years. Supreme Court.
Stealing Deeds, being evidence to title of real property. Imprisonment, four years; or fine or imprisonment, or both. Id.
Stealing Deeds, being evidence to title of real property. Imprisonment, four years; or fine or imprisonment, or both. Id.
Wills, fraudulently destroying or eonceal'ing. Same. Id.
Stealing metal or wood, fixed to houses, land, or in any public place.
First offence. Imprisonment not exceeding 2 years. Id.
Subsequent offence. Not exceeding 4 years. Id.
Stealing from the person of another, or robbery, putting in fear, and stealing against will. Imprisonment not exceeding 8 years. Id.
Robbery and wounding. Death or imprisonment for life. Id.
Note.-Robbery consists in forcibly taking from the person of another goods or money to any value by violence, or putting him in fear. It is felony.page 20
Larceny, continues.
Robbery or assaulting with intent to rob, and being armed or in company, with one or more persons, or using violence. Imprisonment for life or less. Supreme Cour
Demanding property with menaces or by force, with intent to steal same. Imprisonment not exceeding 3 years. Id.
Stealing in a dwelling-house, or building connected therewith, to the value of £6, or more. Imprisonment not exceeding 8 years. Id.
Stealing in a dwelling-house, and patting any one therein in bodily fear. Same. Id
From manufactories to value of 10s. Same. Id.
From Ships in Quay, or wrecked, or stranded, or from docks, wharves, co. Same. Id.
By Clerks or servants, or any person employed in that capacity, of any chattel, money, or valuable security received by virtue of bis employment. Same. Id.
By tenants, or Iodgers of chattels, or fixtures let, to be used with house or lodging. Where value of article stolen not exceeding £5, imprisonmeat not exceeding 2 years. If exceeding £5, imprisonment for 4 years. Id.
Larceuy after a previous conviction. Imprisonment for life, or less. Id.
Accessories after the fact.
(See Note).
Imprisonment not exceeding 2 years. Id.
5G. Letter Threatening.
To kill any person, or burn, or destroy, house, co. Imprisonment for life, or less Id.
Accusing or threatening to accuse of a crime, with the view to extort money by letter. Same. Id.
See ante "Accusing." page 21
57. Libel. (See page.)
A public libel is a malicious defamation expressed in printing, or writing, or by signs, pictures, or the like of an illegal or immoral tendency.
A private libel is such defamation tending to asperse the reputation of a person alive, or the me mory of one that is dead. The latter kind of libel may either be prosecuted criminally by indictment or redress, for it may be sought in a civil action. Fine or imprisonment, or both. Supreme Court.
Against the person or government of the Queen Same. Id.
Against the administration of Justice. Same. Id.
Publishing or threatening to publish any libel upon any person, or proposing to abstain from s odoing with a view to extort money, &c. Imprisonment not exceeding 3 years. Id.
Publishing any defamatory libel knowing it to be false. Imprisonment not exceeding 2 years, and fine as Court may award. Id.
Maliciously publishing any defamatory libel. Fine or imprisonment, or both. Imprisonment not to exceed one year. Id.
58. Malicious Injuries.
Unlawfully and maliciously destroying or damagaing with intent to destroy, any plant, root, fruit, or vegetable production growing in any garden, or orchard. First offence. Either imprisonment for not exceeding 6 months, or else forfeit over and above injury not exceeding £20; imprisonment in default of payment for not exceeding 6 months, unless sooner paid. 1 Justice.page 22
Subsequent conviction. Felony. Imprisonment for 4 years. Supreme Court.
Unlawfully and maliciously cutting, brenking, throwing down, or in any way destroying any fence or any wall, stile, or gate.
First offence. Forfeit over and above injury not exceeding £5; in default, imprisonment as above. 1 Justice.
Subsequent offence. Imprisonment for not more than 12 months. 2 Justices.
Wilfully and maliciously committing any damage, or injury to or upon any real or personal property, whatsoever either of a public or private nature, for which no remedy or punishment is otherwise specially provided. Forfeit reasonable compensation for injury not exceeding £5; in default of payment, imprisonment not exceeding two months, unless sooner paid. 1 Justice.
Note.—This does not extend to any case where the party trespassing acted under a fair and reasonable supposition that he had a right to do the act complained of.
Any person aiding, counselling, or procuring the commission of any offence above described under the title of Malicious Injuries. Liable to same forfeiture and punishment as principal. Id.
Malicious injury to Machinery, &c., or forcibly entering house, &c., with intent to commit offence. Imprisonment for 4 years. Supreme Court.
Ditto to threshing or other machines. Same. Id.
Ditto to dwelling-house (person being therein) by gunpowder. Imprisonment for life or less. Id.
To a tree in a garden or orchard. Imprisonment not exceeding 4 years. Id.
To the dam of any Mill. Imprisonment for 4 years. Id.
To public Bridges. Imprisonment for life, or less. Id.
To Ships whether finished or not, with intent to destroy. Imprisonment for 4 years. Id.page 23
Exhibiting false signals, to bring ship into danger, or doing anything else tending to destroy ships in distress. Imprisonment for life, or less. Supreme Court.
Destroying part of a ship in distress, or any goods belonging thereto. Imprisonment not exceeding 3 years. Id.
Throwing gunpowder into or near any building, or vessel with intent to destroy same, whether or not any explosion takes place. Same. Kooti Hupirimi.
Accessories after the fact. Imprisonment not exceeding 2 years. Kooti Hupirimi.
Imprisonment for life or less, or fine. voluntary upon a sudden heat, or involuntary, but in commission of some unlawful act. The unlawful killing of another without malice, either expressed or implied, which may be either Id.
(See Note.)
60. Manslaughter. Accessory after the fact. Imprisonment not exceeding 2 years. Id.
Any servant in husbandry, or any artificer, miner, laborer, or other person contracting to serve any person for any time or in other manner, and not commencing his service accordingly, (such contract being in writing and signed,) or, having entered upon such service, absenting himself therefrom before the contract, (whether in writing or not,) shall be completed, or neglecting to fulfil contract, or being guilty of any misdemeanour or misconduct in the execution thereof, or otherwise respecting the same. Imprisonment not exceeding 3 months, and a proportionate part of wages abated during imprisonment, with costs. Or, in lieu, whole or part of wages abated, or discharged from service or contract. 1 Justice.
Ill-usage of servant by master. Servant entitled to discharge. Id.
60. Ko te Tangata-Uru ki tenei Hara, i muri i te meatanga ai. Ka Wharehereheretia, kaua ia e neke ake i te Rua Tau. Id.page 24
62 Misconduct of Officers of Justice.
By malfeasance or nonfeasance in the relation to his office. Fine or imprisonment, or both. Supreme Court.
63 Military.
Procuring or attempting to procure any soldier to desert, or assisting him in deserting, or concealing him after desertion knowing him to have deserted. Fine or imprisonment, or both. Id.
Knowingly detaining, buying, exchanging, or receiving from any soldier, deserter, or any other person any arms, ammunition, clothes, or regimental necessaries, &c., and
Soliciting or enticing any soldier, or beinig employed by him, knowing him to be such, to sell any arms.
First offence. Penalty not exceeding £ 20, with treble value. I Justice.
Second offence. Same, together with imprisonment not exceeding 6 months. Id.
64.Money. See "Coin," 22.
65.Murder.
When a person of sound memory and discretion unlawfully killethi another with maliee aforethought either expressed or implied. See Note to "Manslaughter," 59. Death. Supreme Court.
Accessory after the fact. See "Attempts to Murder," 10. Imprisonment for life, or less. Id.
66. Nuisances.
Obstructing highway, river, bridge, or keeping a fierce dog, or bull loose, and numerous others of a similar character. Fine or imprisonment, or both, and nuisance abated. Id.page 25
Oaths.
Justice or other person unlawfully administering oaths. Fine or imprisonment, or both. Supreme Court.
68.Offices.
Buying or selling, or soliciting for money, public offices. Same. Id.
69. Peace, Surety of The.
Any person may be bound under a penalty of so much money as a Justice of the Peace may think fit to keep the Pence towards any other person who shall satisfy the Justice that there is ground to fear the peace will be broken (See Note to "Challenge" 19 ) To give security to keep peace. 1 Justice
70. Perjury.
Consists in swearing wilfully, absolutely, and falsely in a matter material to the point in question, the oath being administered in some judicial proceeding. Fine and imprisonment not exceeding 4 years, and incompentency to be witness for the future. Supreme Court.
Subornation of perjury is procuring another person to commit perjury. Fine and imprisonment. Id.
False affirmation instead of an oath by an aboriginal native in any judicial proceeding. Fine and imprisonment. Id.
71. Piracy.
Robbery or depredation upon the high seas, which if committed on land would have amounted to felony there. Same as Felony on land. Id.
If accompanied by any act whereby life or person may be endangered. Death or imprisonment for life. Id.
72. Post Office.
Stealing Letters. Imprisonment not exceeding 4 years. Id.
The like if containing money. Imprisonment for life or less. Id.page 26
Stealing from Letters. Imprisonment for life, or less. Supreme Court.
Stealing a post letter bag, letters from it, or a mail, or stopping a mail. Same. Id.
Receiving letter bags or money stolen. Same. Id.
Opening or delaying letters. Fine or imprisonment, or both. Id.
Retaining or secreting, or, being required, refusing to deliver up letters lost or wrongly delivered. Fine and imprisonment. Id.
Stealing or detaining newspapers sent by post. Same. Id.
Writing in newspapers sent by post. Fine or imprisonment, or both. Id.
Accessories after the fact. Imprisonment not exceeding 2 years. Id.
Soliciting others to commit any offences above named under head "Post Office." Same. Id.
73. Pound Breach.
Rescuing Cattle distrained for rent, or taken doing damage, Fine or imprisonment, or both. Id.
74. Prison, Getting Out Of. See "Escape," 37.
75. Rape.
Ravishing women against their will, or children under the age of 10 years, with or against their will, by persons above the age of 14. Imprisonment for life. Id.
Accessory after the fact. (See Note.) Imprisonment not exceeding 2 years. Id.
76. Receiving Stolen Goods.
Receiving stolen goods, knowing the same to be stolen. Imprisonment not exceeding 8 years. Id.page 27
77. Rescue. See "Escare," 37.
78. Riot.
A tumultuous disturbance of the peace by three or more persous. Fine or imprisonment, or both. Supreme Court.
Opposing the making a proclamation against the continuance of a Riot, or twelve or more remaining together one hour thereafter. Imprisonment for life, or less. Id.
Riotously demolishing church, house, shop, or other building. Imprisonment for life or less. Id.
79. Rogues. See "Vagrants," 90.
80. Sedition.
Any communication whether oral or written which tends to subvert morality, or to bring into ridicule, hatred, or contempt, the King, the Government or the Law, or Christianity, or the Administration of Justice. Fine and imprisonment. Id.
81. Smuggling.
The landing or otherwise dealing with goods in contravention of the Customs laws. A number of penalties and forfeitures are imposed for breaking the Regulations furnished by the Customs laws and Custom House Officers.
82. Soldiers. See "Military," 63.
83. Spirits. See "Drunkenness," 36.
Spirits, wine or beer hawked about or exposed for sale in any unlicensed house or premises, may be seized by any Constable. Forfeited. Resident Magistrate's Court.
80. Hara-Hitihiona. page 28
Selling any quantity less than two gallons without a license. Penalty £50. Resident Magistrate's Court, or 1 Justice.
84. Stealing.
See "Burglary," 16. "Cattle," 18. "Compounding," 23. '"Felony," 40. "Housebreaking," 48. Larceny," 55. "Piracy," 71. "Post Office," 72. "Receiving Stolen Goods," 76.
85. Suicide.
Consists of a man of years of discretion, and a sound mind, deliberately putting an end to his own existence.
Attempt to commit a suicide. (See Note to "Manslaughter," 59.) Fine or imprisonment, or both. Supreme Court.
86. Sunday.
Any person of the age of 14 years or upwards, doing any worldly labour upon the Lord's day, works of necessity and charity only excepted. Forfeit 5s. 1 Justice.
87. Swearing.
Any person profanely using the name of any person of the Divine Trinity; if day laborer, Forfeit 1s. Id.
Other than a day laborer, and under the degree of a gentleman, Forfeit 2s. Id.
Of or above degree of a Gentleman, (see "Declaration," 32. "Oath," 67. "Perjury," 70. Forfeit 5s. Id.
88. Tampering With a Witness. Fine or imprisonment, or both. Supreme Court.
89. Threatening. (See "Letter Threatening," "Peace, Surety of the.") page 29
90. Vagrants. (Rogues and Vagabonds.)
Any person wandoring abroad and lodging in any deserted building, or in the open air, or in any cart, not having any visible means, of subsistence, and not giving a good account of himself. Imprisonment not exceeding 3 montns, with forfeiture, of money on him and sale of effects found on him. 1 Justice.
Any person being armed with a gun or other offensive weapon, or having upon him any instrument, with intent to commit a felonious act. Imprisonment not exceeding 3 months, with forfeiture of weapon. Id.
Any person fonnd in any dwelling-house or outhouse, or in any enclosed yard or garden, for any unlawful purpose. Imprisonment not exceeding 3 months. Id.
91.Weapons.
See "Arms," 7.
92.Women.
See "Abduction," 1. "Abortion," 2. "Bawdy-House," 12. "Bigamy," 13. "Concealing Birth," 24. "Rape," 75. "Carnally Knowing Female Children," 17.
93.Wreck.
Any goods, &c., belonging to any vessel in distress, or wrecked, or stranded, found by virtue of a Search Warrant in the possession of any person, or on, the premises of any person with his knowledge, and be not satisfying the Justice that he came lawfully by the same. Goods to be delivered to owner, and offender to forfeit, over and above value of goods, not exceeding £20, in default, imprisonment not exceeding 6 months, unless fine sooner paid. Id.
Offering, for sale shipwrecked goods, &c, and not satisfying Justice that he came lawfully by same. Same. Id.
94.Writing.
See "Libel," 57.
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