96
No. 5 of 1865.
LARCENY.
Stealing tree, etc., growing in pleasure ground or elsewhere.
[24 & 25 Vict. c. 96 s. 32.]
Stealing small tree, etc., wherever growing. [ib. s. 33.]
(2) In the case of any such thing fixed in any such square, street, or place as aforesaid, it shall not be necessary to allege the same to be the property of any person.
23.-(1) Every person who steals, or cuts, breaks, roots up, or otherwise destroys or damages with intent to steal, the whole or any part of any tree, sapling, or shrub, or any underwood, respectively growing in any pleasure ground, garden, orchard, or avenue, or in any ground adjoining or belonging to any dwelling house, shall (in case the value of the article or articles stolen, or the amount of the injury done, exceeds the sum of 5 dollars) be guilty of felony, and shall be liable to be punished as in the case of simple larceny.
(2) Every person who steals, or cuts, breaks, roots up, or otherwise destroys or damages with intent to steal, the whole or any part of any tree, sapling, or shrub, or any underwood, respectively growing elsewhere than in any of the situations in this section before mentioned, shall (in case the value of the article or articles stolen, or the amount of the injury done, exceeds the sum of 25 dollars) be guilty of felony, and shall be liable to be punished as in the case of simple larceny.
24.-(1) Every person who steals, or cuts, breaks, roots up, or otherwise destroys or damages with intent to steal, the whole or any part of any tree, sapling, or shrub, or any underwood, wherever the same may be respectively growing, the stealing of such article or articles or the injury done being to the amount of 25 cents at the least, shall, on conviction thereof before a Magistrate, be liable to a fine, over and above the value of the article or articles stolen or the amount of the injury done, not exceeding 25 dollars.
(2) Every person who, having been convicted of any such offence, either against this or any former enactment, afterwards commits any offence against this section, shall, on conviction thereof in like manner for such second offence, be liable to imprisonment for any term not exceeding 6 months.
(3) Every person who, having been twice convicted of any such offence afterwards commits any offence against this section shall be guilty of felony, and shall be liable to be punished as in the case of simple larceny.
* As amended by the Final Revision Ordinance 1912.
As amended by No. 30 of 1911, No. 50 of 1911, No. 51 of 1911, No. 8 of 1912, No. 21 of 1912 and the Final Revision Ordinance 1912.
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