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(3) steals, or with intent to steal, destroys or damages any plant, root, fruit, or vegetable production growing in any garden, orchard, pleasure ground, nursery-ground, hothouse, greenhouse or conservatory, after a previous summary con- viction of any such offence;
shall be guilty of felony, and on conviction thereof liable to be punished as in the case of simple larceny.
17.-(1) Every person who steals, cuts, breaks, roots Larceny, up, or otherwise destroys or damages with intent to steal, the etc., of whole or any part of any tree, sapling, shrub, or underwood etc.,
small tree,
wherever
growing in any place whatsoever, the value of the article stolen growing. or the injury done being to the amount of fifty cents at the 24 & 25 least, shall on summary conviction be liable to a fine, over Vict. c. 96, and above the value of the article stolen or the amount of the s. 33. injury done, not exceeding fifty dollars.
(2) Every person who, having been convicted of any such offence, either against this or any former Ordinance, after- wards commits any offence against this section, shall upon conviction thereof in like manner be liable to imprisonment for any term not exceeding six months.
etc., of
18.-(1) Every person who steals, cuts, breaks, or throws Larceny, down with intent to steal, any part of any live or dead fence, live or dead or any wooden post, pale, wire, or rail set up or used as a fence, etc. fence, or any stile or gate, or any part thereof respectively, 24 & 25 shall on summary conviction be liable to a fine, over and above the value of the article stolen or the amount of the injury done, not exceeding one hundred dollars or to imprisonment for any term not exceeding three months.
(2) Every person who, having been convicted of any such offence, either against this or any former Ordinance, after- wards commits any offence against this section shall on con- viction thereof in like manner be liable to imprisonment for any term not exceeding six months.
Vict. c. 96, s. 34.
person in
and not
19. If the whole or any part of any tree, sapling, shrub, Suspected or underwood, or any part of any live or dead fence, or any possession of post, pale, wire, rail, stile, or gate, or any part thereof, being tree etc., of the value of fifty cents at the least, is found in the possession accounting of any person, or on the premises of any person, with his know- for it. ledge, and such person, being taken or summoned before a magistrate, does not satisfy him that he came lawfully by the same, he shall be liable to a fine, over and above the value of the article so found, not exceeding two hundred and fifty dollars or to imprisonment for any term not exceeding three months.
24 & 25 Vict. c. 96, s. 35.
etc., of
20. Every person who steals, or, with intent to steal, Larceny, destroys or damages any plant, root, fruit, or vegetable pro: plant, etc., duction growing in any garden, orchard, pleasure ground, growing in nursery ground, hothouse, greenhouse or conservatory shall garden, etc. on summary conviction be liable to imprisonment for any term Vict. c. 96, not exceeding six months, or to a fine, over and above the value s. 36. of the article stolen or the amount of the injury done, not exceeding two hundred and fifty dollars.
24 & 25
cultivated
21.-(1) Every person who steals, or, with intent to Larceny, steal, destroys or damages any cultivated root or plant used for etc., of the food of man or beast, or for medicine, or for distilling, or plant, etc., for dyeing, or for or in the course of any manufacture, and not growing growing in any land, open or enclosed, not being a garden, 24 & 25 orchard, pleasure ground, or nursery ground, shall on summary Vict. 6. 96, conviction be liable to imprisonment for any term not exceed- s. 37.
in garden.
G