714917-1865-GOVERNMENT-NOTIFICATION — Page 5

THE HONGKONG GOVERNMENT GAZETTE, 13тп MAY, 1865.

233

anv

Indictment for such Offence be necessary to allege that the Article in respect of which the Offence is committed is the Property of any Person.

As to Larceny of Things attached to or growing on Land:-

&c., fixed to House or

21. Whosoever shall steal, or shall rip, cut, sever, or break with Intent to steal, Metal Glass Wood, any Glass, Shingles, or Wood-work belonging to any Building whatsoever, or any Lead, Land. 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 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 being convicted thereof shall be liable to be punished as in the Case of Simple Larceny; and in the Case of any such Thing fixed in any such Square, Street or Place as afore- said, it shall not be necessary to allege the same to be the Property of any Person.

Stealing Trees, &c., in Fleasure Grounds

22. Whosoever shall steal, or shall cut, break, root up, or otherwise destroy or damage with Intent to steal, the whole or any Part of any Tree, Sapling, or Shrub, or to the value of $5, any Underwood, respectively growing in any Pleasure Ground, Garden, Orchard, or and elsewhere to the Avenue, or in any Ground adjoining or belonging to any Dwelling House; shall (in case value of 525. the Value of the Article or Articles stolen, or the Ainount of the Injury done, shall exceed the Sum of Five Dollars,) be guilty of Felony, and being convicted thereof shall be liable to be punished as in the Case of Simple Larceny;-and whosoever shall steal, or shall cut, break, root up, or otherwise destroy or damage 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, shall exceed the Sum of Twenty-five Dollars,) be guilty of Felony, and being convicted thereof shall be liable to be punished as in the Case of Simple Larceny.

Stealing Trees, &c., wheresoever growing to the amount of 24

23. Whosoever shall steal, or shall cut, break, root up, or otherwise destroy or damage 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 cents. such Article or Articles, or the Injury done, being to the Amount of Twenty-four Cents at the least, shall, on Conviction thereof before a Police Magistrate, forfeit and pay, over and above the Value of the Article or Articles stolen, or the Amount of the Injury done, such Sum of Money not exceeding Twenty-five Dollars as to the said Magistrate shall seem meet; and whosoever having been convicted of any such Offence, either against this or any former Enactment in Force in this Colony, shall afterwards commit any of the said Offences in this Section before mentioned, and shall be convicted thereof in like Manner, shall for such Second Offence be committed to the Common Gaol, there to be kept to Hard Labour for such Term not exceeding Six Months as the convicting Magistrate shall think fit; and whosoever having been twice convicted of any such Offence (whether both or either of such Convictions shall have taken place before or after the passing of this Ordinance), shall afterwards commit any of the Offences in this Section before mentioned, shall be guilty of Felony, and being convicted thereof shall be liable to be punished in the same Manner as in the Case of Simple Larceny.

Second Offence.

Third Offence.

live or dead Fence, &c.

24. Whosoever shall steal, or shall cut, break, or throw down with Intent to steal, Stealing, &c., any 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, on Conviction thereof before a Police Magistrate, 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 Twenty-five Dollars as to the Magistrate shall seem meet; and whosoever, having been convicted of any such Offence, either against this or any former Enactment in Force in this Colony, shall afterwards commit any of the said Offences in this Section before mentioned, and shall be 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 shall think fit.

Suspected Persons in Possession of Wood, &c.,

25. 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 in not satisfactorily Part thereof, being of the Value of Twenty-four Cents at the least, shall be found in accounting for it. the Possession of any Person, or on the Premises of any Person, with his Knowledge, and such Person, being taken or summoned before a Police Magistrate, shall 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.