ORDINANCE No. 8 of 1865.
Malicious Injuries to Property.
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trees, &c., wheresoever growing to the amount of 24 cents. offence.
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, wheresoever 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 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.
Third offence.
Destroying vegetable production in a garden.
21. Whosoever shall unlawfully and maliciously destroy, or damage with intent to destroy, any plant, root, fruit, or vegetable production, growing in any garden, orchard, 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 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 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,
: offence.