A.D. 1865.
the value jury done, ng convict-
ple larceny. r otherwise
part of any >wing else- mentioned, the amount › guilty of unished as
P, or other-.
r any part
r the same
or articles ents at the forfeit and
len or the ng twenty-
zh offence, is Colony, éfore men- ich second at to hard ing Magis-
any such
has taken afterwards
d shall be to be
pun-
ows down by wooden
le or gate.
before a of the ar- ich sum of
may seem
A.D. 1865.]
LARCENY.
[No. 5.
195
(2.) Every person who, having been convicted of any such offence, either against this or any former enactment in force in this Colony, afterwards commits any of the said offences in this section before mentioned, and is 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 may think fit.
possession of and not sa-
person in
tree, etc.,
26. If the whole or any part of any tree, sapling, or shrub, or any Case of underwood, or any part of any live or dead fence, or any post, pale, suspected wire, rail, stile, or gate, or any part thereof, being of the value of twenty-four cents at the least, is found in the possession of any person or on the premises of any person with his knowledge, and such person, tisfactorily being taken or summoned before a Police Magistrate, does 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.
for it. accounting 24 & 25 Vict.
c. 96 s. 35.
growing
etc.
27.—(1.) Every person who steals, or destroys or damages with in- Stealing tent to steal, any plant, root, fruit, or vegetable production growing in plant, etc., any garden, orchard, pleasure ground, or nursery ground, hothouse, in garden. green-house, or conservatory shall, on conviction thereof before a Police. s. 36. Magistrate, at the discretion of the Magistrate, either be committed to the common gaol, there to be imprisoned, 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 may seem meet.
(2.) Every person who, having been convicted of any such offence, either against this or any former enactment in force in this Colony, afterwards commits any of the offences in this section before mentioned shall be guilty of felony, and, being convicted thereof, shall be liable to be punished as in the case of simple larceny.
28.—(1.) Every person who steals, or destroys or damages with in- Stealing tent to steal, any cultivated plant or root used for the food of man or cultivated beast, or for medicine, or for distilling, or for dyeing, or for or in the not growing
plant, etc.,
course of any manufacture, and growing in any land, open or enclosed, e
in garden, not being a garden, orchard, pleasure ground, or nursery ground, shall, 14. s. 37. on conviction thereof before
a Police Magistrate, at the discretion of the Magistrate, either be committed to the common gaol, there to be imprisoned, 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 may seem meet; and in default of payment thereof, together with the