ORDINANCE No. 7 of 1865.
Larceny, &c.
27. Whosoever shall steal, or shall destroy or damage with intent to steal, any 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 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 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.
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 information for robbery it shall 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.
vegetable
811
Stealing productions not growing in gardens.
Robbery of the person.
stealing from
See Ords. No. 16 of 1887 and No. 23 of 1887.]
On trial for robbery, jury may convict of an assault with intent to rob.