A.D. 1865.]
MALICIOUS DAMAGE.
[No. 6.
225
233
(3.) Every person who, having been twice convicted of any such offence, (whether both or either of such convictions have or has taken place before or after the commencement of this Ordinance), afterwards commits 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 imprisonment 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.--(1.) Every person who unlawfully and maliciously destroys, or damages 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, 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 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 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, to imprisonment with hard labour for the term of three years or to imprisonment 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.
Destroying plant, etc., growing in garden, etc. c. 97 s. 23.
24 & 25 Vict.
plant, etc., cultivated not growing in garden, etc. Ib.
b. s. 24.
23. (1.) Every person who unlawfully and maliciously destroys, or damages with intent to destroy, any cultivated plant or root 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 enclosed, 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, 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 may seem meet, and in default of payment thereof, together with the costs, if ordered, shall be committed as aforesaid under and in accordance with the provisions of any Ordinance. See Ordinance No. 3 of 1840.