Northern Territory Consolidated Acts Northern Territory Consolidated Acts62. Where property improperly taken or stolen is found and not satisfactorily accounted for
(1) Whenever any credible witness proves upon oath before any Justice that there is reasonable cause to suspect that any such property as mentioned in this section has been taken or stolen, and is to be found in any house or other place, it shall be lawful for the Justice to issue a warrant to search the house or place for the property, and any person in whose possession, or on whose premises, any of the property is found by virtue of any such warrant, or by any member of the Police Force when executing any general search warrant or any other warrant, or otherwise acting in the discharge of his duty, who does not satisfy the Special Magistrate or Justices before whom he is brought that he came lawfully by the same, or that the same was on his premises without his knowledge or consent, shall:
(a) if the property so found consists of any goods, merchandise, or other articles belonging to any ship or vessel in distress, or wrecked, stranded, or cast on shore, be liable to a penalty not exceeding 2,000 dollars or to imprisonment for any period not exceeding 12 months, or both;
(b) if the property so found consists of the carcass, or the head, skin, hide, fleece, feet, or other part of any cattle, be liable to a penalty not exceeding 2,000 dollars, or to imprisonment for any period not exceeding 12 months, or both; or
(c) if the property so found consists of the whole or any part of any tree, sapling, or shrub, or any underwood, or any part of any live or dead fence, or any post, picket, rail, stile, or gate, or any part thereof (being of the value of not less than 10 cents), to be liable to a penalty not exceeding 2,000 dollars, or to imprisonment for any period not exceeding 12 months, or both, and in addition shall pay to the party aggrieved the value of the property so found.
(2) Any person who:
(a) offers or exposes for sale any goods, merchandise, or articles (whether found by virtue of a search warrant or not) which have been unlawfully taken, or are reasonably suspected of having been unlawfully taken, from any ship or vessel in distress, or wrecked, stranded, or cast on shore; and
(b) does not satisfy the Special Magistrate or Justices before whom he is brought that he came lawfully by the same, or that the same were on his premises without his knowledge or consent,
shall be liable to a penalty not exceeding 2,000 dollars, or to imprisonment, with or without hard labour, for any period not exceeding 12 months, or both and in addition shall pay such sum as the Special Magistrate or Justices fix as a reasonable reward to the person who seized the goods, merchandise, or articles.
(3) In every case to which the section applies, any person to whom any such property as is therein mentioned is offered for sale, or any officer of the Customs or member of the Police Force, may lawfully seize the same, and shall with all convenient speed cause the same to be removed to a Special Magistrate or 2 or more Justices, and in every such case it shall be lawful for the Special Magistrate or Justices by whom the case is heard to direct that the property be delivered over to the rightful owner, if known, or, if the rightful owner is not known, that the same be sold, and the proceeds thereof applied in the same manner as any penalties under this Ordinance.
(4) If any person charged with any offence against this section is not found guilty thereof, it shall be lawful for the Special Magistrate or Justices hearing the case, at his or their discretion, to compel the attendance before him or them of any person through whose hands any such property as mentioned in this section, or any part thereof, appears to have passed, and if the person from whom the same was first received, or any person who has had possession thereof, does not satisfy such Special Magistrate or Justices that he came lawfully by the same, he shall be liable to the appropriate punishment provided by this section.