844
Destroying vegetable productions growing in gardens, &c.
Subsequent offence.
Destroying, &c., any fence, Second offence.
ORDINANCE No. 8 of 1865.
Malicious Injuries to Property.
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.
22. Whosoever shall unlawfully and maliciously destroy, or damage with intent to destroy, 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, 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 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.
Injuries to Fences:-
23. Whosoever shall unlawfully and maliciously cut, break, throw down, or in anywise destroy any fence or paling of any description whatsoever, or any wall, stile, or 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.