THE HONGKONG GOVERNMENT GAZETTE, 24TH JUNE, 1865.
of the sail 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- aned for any Term not exceeding Two Years, with or without Hard Labour, and with r without Solitary Confinement, and, if a Male under the Age of Sixteen Years, with or without Whipping.
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Fruit or vegetable
21. Whosoever shall unlawfully and maliciously destroy, or damage with Intent Destroying any destroy, any Plant, Root, Fruit, or vegetable Production, growing in any Garden, production in a tiar- Orchard, Nursery Ground, Hothouse, Greenhouse, or Conservatory, shall, on Conviction den. 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 Amount of the Injury done, such Sum of Money not exceeding One Hundred Dollars as to the Magistrate shall seem meet; and whosoever, having Subsequent Offence. 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, 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 iinprisoned for any Terin 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.
growing in Gardens,
22. Whosoever shall unlawfully and maliciously destroy, or damage with Intent Destroying vegeta- to destroy, any cultivated Root or Plant used for the Food of Man or Beast, or for ble Productions not Medicine, or for distilling, or for dyeing, or for or in the Course of any Manufacture, &c. and growing in any Land, open or inclosed, not being a Garden, Orchard, or Nursery Ground, shall, on Conviction thereof before a Police Magistrate, at the Discretion of the Magistrate, either be committed to the Common Goal, 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 Amount of the Injury done, such Sum of Money not exceeding Five Dollars as to the Magistrate shall seem meet, 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 made; and whosoever, having been convicted of any such Offence either against this or any Subsequent Offence. former Enactment in Force in this Colony, shall afterwards cominit 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.
Injuries to Fences:-
23. Whosoever shall unlawfully and maliciously cut, break, throw down, or in any Destroying, &c., wise destroy any Fence or Paling of any Description whatsoever, or any Wall, Stile, or any Fence, &c. Gate, or any Part thereof respectively, shall, on Conviction thereof before a Police Magistrate, for the First Offence 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 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.
Injuries to Sea Banks, &c.:-
Second Offence.
24. Whosoever shall unlawfully and maliciously break down or cut down or otherwise Damaging any Sea- damage or destroy any Sea-Bank or Sea-Wall, or the Bank, Dam, or Wall of or belonging wall, Sea-Bank, &c. to any River, Creek, Drain, Reservoir, Pool, or Marsh, whereby any Land or Building shall be or shall be in danger of being overflowed or damaged, or shall unlawfully and maliciously throw, break, or ent down, level, undermine, or otherwise destroy, any Quay, Wharf, Jetty, Lock, Sluice, Floodgate, Weir, Tunnel, Drain, Watercourse, or other Work belonging to any Port, Harbour, Dock, or Reservoir, or on or belonging to any avigable Creek, 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 Years,or to be imprisoned for any Term not exceeding Two Yeurs, 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.