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ut no rootvero, manganese or mundick, or any wad, black stisi? : 9361480 baoph cawke, or black lead, or any coal or cannel

coal, from any mine, bed, or vein thereof retrophe istusid 192 spectively, every such offender shall be guilty Felony. lis 2015.

of felony, and, being convicted thereof, shall be liable to be punished in the same manner

as in the case of simple larceny. for deres Stealing trees, shrubs, 1 XXXVIII. And be it enacted, That if any &c. growing in cer- person shall steal, or shall cut, break, root up, tain situations, shall be felony, if the value or otherwise destroy or damage with intent to exceeds 11. steal, the whole or any part of any tree, sap

ling, 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, &c. growing else- break, root up, or otherwise destroy or dawhere, shall be felony, if the value exceeds mage with intent to steal, the whole or any 51.

part of any tree, sapling, or shrub, or any underwood, respectively growing elsewhere than in any of the situations herein-before men

tioned, every such offender (in case the value vost 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, aboon webby0 being convicted thereof, shall be liable to be 7.929 10 alite must punished in the same manner as in the case of

simple larceny.c gobooth YHA O not hab Stealing trees, shrubs, XXXIX. And be it enacted, That if any &c. wheresoever growing, and of any person shall steal, or shall cut, break, root u. 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

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ling, or shrub, or any underwood, whereso- conviction for first and ever the same may be respectively growing, second offence; third

o offence felony. * the stealing of such article or articles, or the ihjury done, being to the amount of a shilling af 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 ues stolen, or the amount of the injury done, such sum of money, not exceeding five pounds, as situations, 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 convicted thereof in like manner, every such offender shall for such second offence be commitSted to the common gaol or house of correction,

there to be kept to hard labour for such term, (höt exceeding twelve calendar months, as the beonvicting justice shall think fit; and if such 9second conviction shall take place before two ejástices, they may further order the offender, if a male, to be once or twice publicly or privately whipped, after the expiration of four Vdays from the time of such conviction; and if -ány person so twice convicted shall afterwards ricommit 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 mariner as in the case of Simple larceny. i tjsje ogone vires baXL. And be it enacted, That if any person Stealing, &c. any live 9shall steal, or shall cut, break, or throw down or dead fence, wooden with intent to steal, any part of any live or tence, stile, or gate." dead fence, or any wooden post, palė, or rail set up or used as a fence, or any stile or gate,

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* See note, ante, p. 81. '

+ See note, ante, p. 81.

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Just D adian or any part thereof respectively, every such buburq side1999% offender, being convicted before a justice of ause no siderleicts the peace, shall for the first offence forfeit and tot nodi 10 Yapay, over and above the value of the article DA998 ; 99n9ito en * vrols 300 or articles so stolen, or the amount of the inan

jury done, such sum of money, not exceedings five pounds, as to the justice shall seem meet yd 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 como mon gaol or house or correction, there to bed kept to hard labour for such term, not exceeding twelve calendar months, as the convictings justice shall think fit; and if such subsequent conviction shall take place before two justices, they may further order the offender, it a male, to be once or twice publicly or privatelyq whipped, after the expiration of four days from the time of such conviction, Jing bemesh

XLI. And be it enacted, That if the wholeli possession of wood, or any part of any tree, sapling, or shrub, on accounting for it.* co not satisfactorily any underwood, or any part of any live or angh15 nigaw dead fence, or any post, pale, orail, stile, 2012

* gate, or any part thereof, being of the value

of two shillings at the least, shall, by virtue of
a search warrant, to be granted as hereine
after mentioned, be found in the possession of
any person, or on the premises of any personati
with his knowledge, and such person, being
carried before a justice of the peace, shall not
satisfy the justice that he came lawfully by the
same, he shall on conviction by the justice
forfeit and pay, over and above the value of
the article or articles so found, any sum noti
exceeding two pounds. 6 vel quodal bist of

co * See note, ante, p. 810 sbaglso one IE92.4306 957

18 or 93992

XLII. And be it enacted, That if any per- Stealing, &c. avy fruit son shall steak, or shall destroy or damage or vegetable producwith intent ito steal, any plant, root, fruit, or punishable on sum

tion in a garden, &c. vegetable production, growing in any garden, mary conviction for orchard, nursery ground, hothouse, green- öffence, felony.*

first offence ; second house, or conservatory, every such offender, being convicted thereof before a justice of the peacey shall, at the discretion of the justices either be committed to the common gaol or house of correction, there to be imprisoned onlyp or to be imprisoned and kept to hard la. boor, for any term not exceeding six calendar monthsz 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, aşatorthe 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 larcenya : . XLIII. And be it enacted, That if any per- Stealing, &c. vegetaxi

ith ble productions notu, * son shalt steal,or shall destroy or damage with prow

growing in Gardens, intent to steal, any cultivated root or plant &c.t used for the food of man or beast, or for medi. ciney or for distilling, or for dyeing, or for or in the course of any manufacture, and growing: in any land, open or inelosed, not being a garden, orehard, 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 im. prisoned 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.

pay, over and above the value of the article or articles so stolen, or the amount of the ins jury done, such sum of money, not exceeding twenty shillings, as' to the justice shall seem meet, and in default of payment thereofzotoa gether with the costs (if ordered) shallsbe committed as aforesaid, for any term hot eta ceeding one calendar month, unless payment he sooner made; and if any person so icona victed 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 om 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 it such subsequent conviction shall take place before two justices, they may further forder 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.";" !!!migro , on v1999 Stating glass, word- XLIV. And be it enacted, That if any perwork, or fixtures of son shall steal, or rip, cut, or break with intent any kind from buildings, and metal fix- to steal, any glass or wood-work belonging to tures from grounds, any building whatsoever, or any lead, iron, felony.

*copper, brass, or other metal, or any utensil or fixture, whether made of metal or other material, respectively fixed in or to any build ing whatsoever, or any thing made of metal fixed in any land being private property, or for a fence to any dwelling-house, garden, of 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 a's in the case of simple larceny; and in case of any such thing

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