ORDINANCE No. 7 of 1865.
Larceny, &c.
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.
of
809
&c., in pleasure grounds to the value of $5, and elsewhere to the value of $25.
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 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, 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.
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 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.
Stealing trees, &c., wheresoever growing to the amount of 24 cents.
Second offence.
Third offence.
ORDINANCE No. 7 or 1865.
Larceny, &c.
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.
of
809
&c., in pleasure grounds to the value of $5, and elsewhere to the value of $25.
22. Whosoever shall steal, or shall cut, break, root up, or other Stealing trees, wise destroy or damage with intent to steal, the whole or any part 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, 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 else- where 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.
23. Whosoever shall steal, or shall cut, break, root up, or other- wise 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 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 enact- ment 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.
Stealing trees, &c., where- soever grow- ing to the amount of 24 cents.
Second offence.
Third offence.
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