!
258
Attempting to set Fire to Crops, &e.
Destroying Trees, &c., to, the Value of more than $5, grow-
Ground, &c.
THE HONGKONG GOVERNMENT GAZETTE, 20TM MAY, 1865.
of the Court, to be kept in Penal Servitude for Life or for any Term 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.
17. Whosoever shall unlawfully and maliciously by any overt Act attempt to set fire to any such Matter or Thing as in either of the last Two preceding Sections mentioned, under such Circumstances that if the same were thereby set fire to, the Offender would be, under either of such Sections, guilty of Felony, 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 Seven 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.
18. Whosoever shail unlawfully and maliciously cut, break, bark, root up, or otherwise destroy or damage the whole or any Part of any Tree, Sapling, or Shrub, or ing in a Pleasure any Underwood growing in any Pleasure Ground, Garden, Orchard, or Avenue, or in
any Ground adjoining or belonging to any Dwelling House, (in case the Amount of the Injury done shall exceed the Sum of Five Dollars,) shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in l'enal Servitude for the Term of Three Years, or to be imprisoned for any Term not exceed ing 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.
Destroying Trees to
19. Whosoever shall unlawfully and maliciously cut, break, bark, root up, or the Value of more than otherwise destroy or damage the whole or any Part of any Tree, Sapling, or Shrub, or $25, growing else- where than in a Plea- any Underwood, growing elsewhere than in any Pleasure Ground, Garden, Orchard, or sure Ground, &c.
Avenue, or in any Ground adjoining or belonging to any Dwelling House, (in case the Amount of Injury done shall exceed the Sum of Twenty-five Dollars,) 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 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, and, if a Male under the Age of Sixteen Years, with or without Whipping.
Destroying Trees, &c., wheresoever growing to theAmount of 24 Cents.
Secoud Offence.
Third Offence.
Destroying any
Production in a Gar- den.
20. Whosoever shall unlawfully and maliciously cut, break, bark, root up, or otherwise destroy or damage the whole or any Part of any Tree, Sapling, or Shrub, or any Underwood, wheresocver the same may be growing, the Injury done, being to the Amount of Twenty-four Cents at the least, 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 Three Months, or else shall forfeit and pay over and above the Amount of the Injury done, such Sum of Money not exceeding Twenty-five Dollars, as to the Magistrate shall seem meet; and whosoever, having been convicted of any such Offence, either against this or any former 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 for such Second Offence 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; and whosoever, having been twice convicted of any such Offence (whether both or either of such Convictions shall have taken place before or after the passing of this Ordinance,) shall afterwards commit any of the said Offences in this Section before mentioned, shall be guilty of a Misdemeanor, and being convicted thereof shall be liable, at the Discretion of the Court, to be impri- soned 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, or without Whipping.
with
21. Whosoever shall unlawfully and maliciously destroy, or damage with Inten Fruit or vegetable to destroy, any Plant, Root, Fruit, or vegetable Production, growing in any Garder.
Orchard, Nursery Ground, Hothouse, Greenhouse, or Conservatory shall on Convic tion thereof before a Police Magistrate, at the Discretion of the Magistrate, eithe be committed to the Common Gaol, there to be imprisoned only, or to be imprisone! and kept to Hard Labour, for any Term not exceeding Six Months, or else shall forfeit and pay, over and above the Amount of the Injury done, such Sum of Money t exceeding One Hundred Dollars as to the Magistrate shall seem meet; and whosoever. Subsequent Offence. having been convicted of any such Offence, either against this or any former Enactment