715106-1865-HONGKONG-ANNO-VICESIMO-OCTAVO-VICTORIE-REGINE-NO-7-OF-1865- — Page 5

THE HONGKONG GOVERNMENT GAZETTE, 24TH JUNE, 1865.

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

21. Whosoever shall steal, or shall rip, cut, sever, or break with Intent to steal, Glass, Shingles, or Wood-work belonging to any Building whatsoever, or any Lead, in, Copper, Brass, or other Metal, or any Utensil or Fixture, whether made of Metal 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 welling House, Garden, or Area, or in any Square or Street, or in any Place dedicated Public Use or Ornament, or in any Burial Ground,-shall be guilty of Felony, and ing 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, Strect or Place as afore-

id, it shall not be necessary to allege the same to be the Property of any Person.

22. Whosoever shall steal, or shall cut, break, root up, or otherwise destroy or amage with Intent to steal, the whole or any Part of any Tree, Sapling, or Shrub, or ay 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, 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.

359

Metal, Glass, Wood, e., fixed to House or

Land.

Stealing Trees, &c.,

in Pleasure Grounds to the value of $5,

and elsewhere to the

value of $25.

wheresoever growing to the Amount of 24

23. Whosoever shall steal, or shall cut, break, root up, or otherwise destroy or Stealing Trees, &c., 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 Second Offence. 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.

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

live or any

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 Convic- tion 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 hot 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.

any

Part of

25. If the whole or any Part of any Tree, Sapling, or Shrub, or any Underwood, any live or dead Fence, or any Post, Pale, Wire, Rail, Stile, or Gate, or ay Part thereof, being of the Value of Twenty-four Cents at the least, shall be found the Possession of any Person, or on the Premises of any Person, with his Knowledge, sad 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 Py, over and above the Value of the Article or Articles so found, any Sum not exceeding Ten Dollars.

Suspected Persons accounting for it.

in Possession of Wood, &c., not satisfactorily

26. Whosoever shall steal, or shall destroy or damage with Intent to steal, any Stealing Fruit or Plant, Root, Fruit, or Vegetable Production growing in any Garden, Orchard, Pleasure tion in a Garden.

Vegetable Produc-

2

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