No. 5 of 1865.
Stealing live or dead fence, etc.
c. 96, s. 34.
LARCENY.
the value of the article or articles stolen or the amount of the injury done, not exceeding twenty-five 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 upon conviction thereof in like manner for such second offence be liable to imprisonment for any term not exceeding six 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.
25:-(1) Every person who steals, or cuts, breaks, or throws down with intent to steal, any part of any live or dead fence, or any wooden post, pale, wire, or rail set up or used as a fence, or any stile or gate, or any part thereof respectively, shall upon summary conviction be liable to a fine, over and above the value of the article or articles so stolen or the amount of the injury done, not exceeding twenty-five dollars.
Suspected person in possession of tree, and not accounting for it.
24 & 25 Vict. c. 96, s. 35.
Stealing plant, etc., growing in garden, etc. 24 & 25 Vict. c. 96, s. 36.
(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 upon conviction thereof in like manner be liable to imprisonment for any term not exceeding six months.
26. If the whole or any part of any tree, sapling, or shrub, or any underwood, or any part of any live or dead fence, or any post, pale, wire, rail, stile, or gate, or any part thereof, being of the value of twenty-five 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, being taken or summoned before a magistrate, does not satisfy him that he came lawfully by the same, he shall be liable to a fine, over and above the value of the article or articles so found, not exceeding ten dollars.
27.-(1) Every person who steals, or destroys or damages with intent to steal, any plant, root, fruit, or vegetable production growing in any garden, orchard, pleasure ground, or nursery ground, hothouse, green-house, or conservatory shall upon summary conviction be liable to imprisonment for
*As amended by Law Am. Ord., 1923.