Felony. Stealing trees, shrubs, &c. growing in certain situations, shall be felony, if the value exceeds 17. manganese or mundick, or any wad, black cawke, or black lead, or any coal or cannel coal, from any mine, bed, or vein thereof respectively, every such offender 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. XXXVIII. And be it enacted, That if any. person 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 park, pleasure ground, garden, orchard, or avenue, or in any ground adjoining or belonging to any dwelling house, every such offender (in case the value of the article or articles stolen, or the amount of the injury done, shall exceed the sum of one pound) 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, shrubs, and if any person 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 herein-before mentioned, every such offender (in case the value of the article or articles stolen, or the amount of the injury done, shall exceed the sum of five pounds) 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. &c. growing else where, shall be felony, if the value exceeds 51. Stealing trees, shrubs, &c. wheresoever o XXXIX. And be it enacted, That if any growing, and of any person shall steal, or shall cut, break, root up, value above 1s., pu- or otherwise destroy or damage with intent to nishable on summary steal, the whole or any part of any tree, sap offence felony.* ling, or shrub, or any underwood, whereso- conviction for first and ever the same may be respectively growing, second offence; third the stealing of such article or articles, or the injury done, being to the amount of a shilling at the least, every such offender, being convieted before a justice of the peace, shall for the first offence 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 five pounds, as to the justice shall seem meet; and if any person so convicted shall afterwards be guilty of any of the said offences, and shall be con-victed thereof in like manner, every such offender shall for such second offence be committed to the common gaol or house of correction, there to be kept to hard labour for such term, not exceeding twelve calendar months, as the convicting justice shall think fit; and if such "second conviction shall take place before two justices, they may further order the offender, if a male, to be once or twice publicly or pri-vately whipped, after the expiration of four days from the time of such conviction; and if "any person so twice convicted shall afterwards "commit any of the said offences, such offender shall be deemed guilty of felony, and, being "convicted thereof, shall be liable to be pu'nished in the same manner as in the case of simple larceny. XL. And be it enacted, That if any person Stealing, &c. any live shall steal, or shall cut, break, or throw down or dead fence, wooden with intent to steal, any part of any live or fence, stile, or gate.r dead fence, or any wooden post, pale, or rail 'set up or used as a fence, or any stile or gate, * See note, ante, p. 81. + See note, ante, p. 81. or any part thereof respectively, every such 1 4 1 s. Pad or * See note, ante, p. 81.5 to'kɔ 91o first offence; second XLII. And be it enacted, That if any per Stealing, &c. any fruit son shall steal, or shall destroy or damage or vegetable producwith intent to steal, any plant, root, fruit, or punishable on sumtion in a garden, &c. vegetable production, growing in any garden, mary conviction for orchard, nursery ground, hothouse, green offence, felony." house, or conservatory, every such offender, being convicted thereof before a justice of the peace, shall, at the discretion of the justice, either be committed to the common gaol ord houses of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, for any term not exceeding six calendar months, or else shall 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 pounds, as to the justice shall seem meet; and if any person so convicted shall afterwards commit any of the said offences, such offender shall be deemed guilty of felony, and, being convicted thereof, shall be liable to be punished in the same manner as in the case of simple larceny. XLIII. And be it enacted, That if any per- Stealing, &c. vegeta son shall steal, or shall destroy or damage with growing in Gardens, ble productions not intent to steal, any cultivated root or plant &c.t used for the food of man or beast, or for medicine, or for distilling, or for dyeing, or for or in the course of any manufacture, and growing in any land, open or inclosed, not being a garden, orchard, or nursery ground, every such offender, being convicted before a justice of the peace, shall, at the discretion of the justice, either be committed to the common Punishment. gaobor house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, for any term not exceeding one calendar month, or else shall forfeit and * See note, ante, p. 81. + See note, ante, p. 81. 1 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 shillings, as to the justice shall seem meet, and in default of payment thereof, to gether with the costs (if ordered) shall be committed as aforesaid, for any term not ex2 ceeding one calendar month, unless payment be sooner made; and if any person so convicted shall afterwards be guilty of any of the said offences, and shall be convicted thereof in like manner, every such offender shall be committed to the common gaol or house of correction, there to be kept to hard labour for such term, not exceeding six calendar months, as the convicting justice shall think fit; and if such subsequent conviction shall take place before two justices, they may further order the offender, if a male, to be once or twice publicly or privately whipped, after the expiration of four days from the time” of such conviction. XLIV. And be it enacted, That if any person shall steal, or rip, cut, or break with intent to steal, any glass or wood-work belonging to any building whatsoever, or any lead, iron, copper, brass, or other metal, or any utensil or fixture, whether made of metal or other material, 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, street, or other place dedicated to public use or ornament, every such offender 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; and in case of any such thing |