LARCENY.

No. 5 of 1865:

95

(b) any lead, iron, copper, brass, or other metal, or any utensil or fixture, whether made of metal or other material, or of both, respectively fixed in or to any building whatsoever; or

(c) any thing made of metal fixed in any land being private property, or for a fence to any dwelling house, garden, or area, or in any square or street, or in any place dedicated to public use or ornament, or in any burial ground,

shall be guilty of felony, and shall be able to be punished as in the case of simple larceny.

(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.

in pleasure elsewhere.

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 five 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 twenty-five dollars) be guilty of felony, and shall be liable to be punished as in the case of simple larceny.

4 tree, etc., growing.

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, wheresoever the same may be respectively growing, the stealing of such article or articles or the injury done being to the amount of twenty-five cents at the least, shall upon summary conviction be liable to a fine, over and above

* As amended by Law Am. Ord., 1923.

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