234
ཐཟན—དྷ'
Vegetable tions in a Garden,
THE HONGKONG GOVERNMENT GAZETTE, 13TH MAY, 1865.
Stealing Fruit or 26. Whosoever shall steal, or shall destroy or damage with Intent to steal, any -Plant, Root, Fruit, or Vegetable Production growing in any Garden, Orchard, Pleasure Ground, or Nursery Ground, Hothouse, Greenhouse or Conservatory, shall, on Con- viction thereof before a Police Magistrate, at the Discretion of the Magistrate, either be committed to the Common Gaol, there to be imprisoned only, or to be imprisoned and kept to Hard Labour, for any Term not exceeding Six Months, or else shall forfeit and pay, over and above the Value of the Article or Articles so stolen, or the Amount of the Injury done, such Sum of Money not exceeding One Hundred Dollars, as to the Magistrate shall seem meet; and whosoever, having been convicted of Subsequent Offence, any such Offence, either against this or any former Enactment in Force in this Colony shall afterwards commit any of the Offences in this Section before mentioned, shall be guilty of Felony, and being convicted thereof shall be liable to be punished in the same Manner as in the Case of Simple Larceny.
Stealing Vegetable
ing in Gardens.
27. Whosoever shall steal, or shall destroy or damage with Intent to steal, any Productions not grow- cultivated Root or Plant used for the Food of Man or Beast, or for Medicine, or for distilling, or for dyeing, or for or in the Course of any Manufacture, and growing in any Land, open or inclosed, not being a Garden, Orchard, Pleasure Ground, or Nursery Ground, shall, on Conviction thereof before a Police Magistrate, at the Discretion of the Magistrate, either be committed to the Common Gaol, there to be imprisoned only or to be imprisoned and kept to Hard Labour, for any Term not exceeding One Month, or else shall forfeit and pay, over and above the Value of the Article or Articles so stolen, or the Amount of the Injury done, such Sum of Money not exceeding Five Dollars as to the Magistrate shall seem mect; and in Default of Payment thereof together with the Costs (if ordered) shall be committed as aforesaid for any Term not exceeding One Month unless Payment be sooner inade, and whosoever, having been convicted of any such Offence either against this or any foriner Enactment in Force in this Colony, shall afterwards commit any of the said Offences in this Section before mentioned, and shall be convicted thereof in like Manner, shall be committed to the Common Gaol, there to be kept to Hard Labour, for such Term not exceeding Six Months as the convicting Magistrate shall think fit.
Robbery or Stealing from the Person.
On Trial for Rob- bery, Jury may con-
with Intent to rob.
As to Larceny from the Person, and other like Offences :-
28. Whosoever shall rob any Person, or shall steal any Chattel, Money or valuable Security from the Person of another, shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Fourteen Years and not less than Three Years, or 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.
29. If upon the Trial of any Person upon any Indictment for Robbery it shall vict of an Assault appear to the Jury upon the Evidence that the Defendant did not commit the Crime of Robbery, but that he did commit an Assault with Intent to rob, the Defendant shall not by reason thereof be entitled to be acquitted, but the Jury shall be at liberty to return as their Verdict that the Defendant is guilty of an Assault with Intent to rob; and thereupon such Defendant shall be liable to be punished in the same Manner as if he had been convicted upon an Indictinent for feloniously assaulting with Intent to rob; and no Person so tried as is herein lastly mentioned shall be liable to be afterwards prosecuted for an Assault with Intent to commit the Robbery for which he was so tried.
Assault with Intent to rob.
or by Two or more, or
ing.
30. Whosoever shall assault any Person with Intent to rob shall be guilty of Felony, and being convicted thereof shall (save and except in the Cases where a greater Punishment is provided by this Ordinance) be liable, at the Discretion of the Court, to be kept in Penal Servitude for the Term of Three Years,-or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement.
Robbery or Assault 31. Whosoever shall, being armed with any offensive Weapon or Instrument, rob, by a Person armed, or assault with Intent to rob, any Person, or shall, together with One or more other Robbery and Wound- Person or Persons, rob, or assault with Intent to rob, any Person, or shall rob any Person, and at the Time of or immediately before or immediately after such Robbery shall wound, beat, strike, or use any other personal Violence, to any Person, shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Term not less than Three