810
Stealing, &c., any live or dead fence,
&c.
Suspected persons in possession of
wood, &c., not
ORDINANCE No. 7 of 1865.
Larceny, &c.
24. Whosoever shall steal, or shall cut, break, or throw down with intent to steal, any part of any live or dead fence, or any wooden post, pale, wire, or rail set up or used as a fence, or any stile or gate, or any part thereof respectively, shall, on conviction thereof before a Police Magistrate, 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 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.
25. If 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, pale, wire, rail, stile, or gate, or any part thereof, being of the value of twenty-four cents at the least, shall be found in the possession of any person, or on the premises of any person, with his knowledge, and such person, being taken or summoned before a Police Magistrate, shall not satisfy the Magistrate that he came lawfully by the same, he shall on conviction forfeit and pay, over and above the value of the article or articles so found, any sum not exceeding ten dollars.
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 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 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 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.
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