Page:Offences Against the Person Ordinance (4 of 1865).pdf/9

 Rh Taking Gunpowder to commit Offences and searching for the same.

59. Whosoever shall knowingly have in his Possession, or make or manufacture, any Gunpowder, explosive Substance, or any dangerous or noxious Thing, or any Machine, Engine, Instrument, or Thing, with Intent by means thereof to commit or for the long purpose of enabling any other Person to commit, any of the Felonies in this Ordinance mentioned shall be guilty of a Misdemeanor, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement, and, if a Male under the Age of Sixteen Years, with or without Whipping.

60. Upon reasonable Cause assigned upon Oath or Declaration by any Person that any such Gunpowder, or other explosive, dangerous, or noxious Substance or Thing, or such Machine, Engine, Instrument, or Thing, is suspected to be made, kept, or carried for the purpose of being used in committing any of the Felonies in this Ordinance mentioned, a Police Magistrate may issue a Warrant under his Hand and Seal for searching, in the Day-time, any House, Mill, Magazine, Storehouse, Warehouse, Shop, Cellar, Yard, Wharf, or other Place, or any Carriage, Waggon, Cart, Ship, Boat, or Vessel, in which the same is suspected to be made, kept, or carried for such purpose as hereinbefore mentioned; and the same Substances and Things shall be brought before a Police Magistrate, and, upon due Proof that the same has been made, kept, or carried or any of the purposes aforesaid whether in the Presence or Absence of the Owner of the same Substances and Things, a Police Magistrate may declare the same to be and the same shall be forfeited accordingly; and every Police Magistrate and Person acting in the Execution of any such Warrant shall have, for seizing, removing to proper Places, and detaining all such Gunpowder, explosive, dangerous, or noxious Substances, Machines, Engines, Instruments, or Things, found upon such Search, which he shall have good cause to suspect to be intended to be used in committing any such Offence, and the Barrels, Packages, Cases, and other Receptacles in which the same shall be, the same Powers and Protections which are given by Ordinance No. 10 of 1844. Other Matters.

61. Any Constable or Peace Officer may take into Custody, without a Warrant, any Person who he shall find lying or loitering or being in any Highway, Yard, or other Place during the Night, and whom he shall have reasonable Cause to suspect of having committed or being about to commit or intending to commit any Felony or Misdemeanor in this Ordinance mentioned and shall take such Person, as soon as reasonably may be, before a Police Magistrate, to be dealt with according to Law.

62. In the Case of every Felony, punishable under this Ordinance, every Principal in the Second Degree, and every Accessory before the fact, shall be punishable in the same Manner as the Principal in the First Degree is by this Ordinance punishable; and every Accessory after the fact to any Felony punishable under this Ordinance (except Murder) shall be liable to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour; and every Accessory after the fact to Murder shall be liable, of the Discretion of the Court, to be kept in Penal Servitude for Life or for any Term but less than Three Years,—or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour; and whosoever shall conceal, aid, or abet the Commission of any indictable Misdemeanor, punishable under this Ordinance, shall be liable to be proceeded against, indicted, and punished as a principal Offender.

63. Whenever Imprisonment, with or without Hard Labour, may be awarded for any indictable Offence under this Ordinance, the Court may sentence the Offender to be imprisoned, or to be imprisoned and kept to Hard Labour, and in either Case the Sentence shall be carried out in accordance with the Provisions of Ordinance No. 4 of 1063, Section XV.

64. Whenever Solitary Confinement may be awarded for any Offence under this Ordinance, the Court may direct the Offender to be kept in Solitary Confinement for any Portion or Portions of any Imprisonment, or of any Imprisonment with Hard Labour, which the Court may award, not exceeding One Month at any One Time, and not exceeding Three Months in any One Year.

65. Whenever any Person shall be convicted of any indictable Misdemeanor, punishable under this Ordinance, the Court may, if it shall think fit, in addition to or in lieu of any Punishment by this Ordinance authorized, fine the Offender, and require him to enter into his own Recognizances, and to find Sureties, both or either, for keeping the