1901_LARCENY_ORDINANCE__1865 — Page 7

A.D. 1865.

ose destroys,

A.D. 1865.]

y document

ted thereof. onment with or any term ith or with-

xteen years,

a testator or ys, cancels, codicil, or to real or ig convicted prisonment years or to or without

1. if a male

je necessary

property of

by proceed-

shall pre-

h

any party

E this Ordi-

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uity against the felonies lence what- eviously to h act upon ulsory pro- proceeding ›r if he has deposition

osit for the thereof; or tres, or de-

LARCENI.

[No. 5.

the whole or any part of any record, writ, return, panel, process, inter- rogatory, deposition, affidavit, rule, order, or warrant of attorney, or of any original document whatsoever of or belonging to any Court of Record in this Colony, or relating to any matter, civil or criminal, begun, depending, or terminated in any such Court, or of any bill, petition. answer, interrogatory, deposition, affidavit, order, or decree, or of any original document whatsoever of or belonging to any Court of Equity, or relating to any cause or matter begun, depending, or terminated in any such Court, or of any original document in anywise relating to the busi- ness of any office or employment under Her Majesty, and being or remaining in any office appertaining to any Court of Justice or in any Government or public office, shall be guilty of felony, and, being con- victed thereof, shall be liable, at the discretion of the Court, to imprison- ment with hard labour for the term of three years or to imprisonment for any term not exceeding two years, with or without hard labour and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping.

(2.) In any indictment for any such offence it shall not be necessary to allege that the article in respect of which the offence is committed is the property of any person.

Larceny of Things attached to or growing on Land.

22.--(1.) Every person who steals, or rips, cuts, severs, or breaks Stealing with intent to steal,--

metal, glass, wood, etc.,

193

(a) any glass, shingles, or wood-work belonging to any building fixed to build-

whatsoever; or

(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 pro- perty, or for a fence to any dwelling house, garden, or area, or in any square or street, or in any place dedicated to publie 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.

(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.

23.-(1.) Every person who steals, or cuts, breaks, roots up, or other- wise 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 ad-

ing or land. 24 & 25 Vict. c. 96 s. 31.

Stealing tree. etc., growing in pleasure ground to and elsewhere

value of $5.