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(i.) 1 who, being employed in the public service of Her Majesty, or being a constable or other person employed in the police of any county, city, borough, district, or place whatsoever, steals, embezzles, or in any manner fraudulently applies for his own benefit, or for any purpose except the public service, the whole or any part of any chattel, money, or valuable security belonging to or in the possession or power of Her Majesty, or intrusted to the offender or received or taken into possession by him in virtue of his employment; or

(j) 2 who steals a post letter bag sent by a post office packet, or takes a letter out of such bag, or unlawfully opens such bag.

ARTICLE 352.

THEFTS PUNISHABLE WITH PENAL SERVITUDE FOR SEVEN YEARS.

3.Every one commits felony, and is liable upon conviction thereof to seven years penal servitude, who steals any chattel or fixture of the value of more than £5, let to be used by him or her in or with any house or lodging, whether the contract was entered into by the offender or his wife, or her husband, or by any person on his or her, or on her husband's, behalf.

If the value of the thing stolen do not exceed £5, the offender is liable to two years imprisonment and hard labour.

4 Every one commits a felony and is liable on conviction thereof to penal servitude for seven years or imprisonment for three years who being employed under the Post Office steals or destroys a post-letter.

1 24 & 25 Vict. c. 96, ss. 69, 70.

27 Will. 4 & 1 Vict. c. 36, s. 29; for punishment see ss. 41, 42, and for definitions s. 47.

3 24 & 25 Vict. c. 96, s. 74, W. 47 Will. 4 & 1 Vict. c. 36, s. 26.

ARTICLE 353.

THEFTS PUNISHABLE WITH PENAL SERVITUDE FOR FIVE

YEARS.

Every one commits felony, and is liable upon conviction thereof to five years penal servitude, who does any of the following things (that is to say):

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(a.) who steals or for any fraudulent purpose destroys, cancels, obliterates, or conceals the whole or any part of any 2 document of title to lands; or

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(b.) who steals or for any fraudulent purpose takes from its place of deposit for the time being, or from any person having the lawful custody thereof, or unlawfully and maliciously cancels, obliterates, injures, or destroys the whole or any part of any of the judicial or official documents mentioned below; 5 or

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(c.) who steals, rips, cuts, severs, or breaks, with intent to steal, any glass or woodwork belonging to any building

1 24 & 25 Vict. c. 96, s. 28.

2 The term "document of title to lands" includes "any deed, map, paper, or parchment written or printed, or partly written and partly printed, being or containing evidence of the title, or any part of the title, to any real estate, or to any interest in or out of any real estate" (Ibid. s. 1).

3 Ibid. s. 30.

4 Taking a warrant of execution from a county court bailiff, under the impression that his authority depends on its possession, is "a taking for a fraudulent purpose," but is not stealing under this section: R. v. Bailey, 1872, 1 C. C. R. 347.

5 Any record, writ, return, panel, process, interrogatory, deposition, affidavit, rule, order, or warrant of attorney. Any original document whatsoever belonging to any Court of record, or relating to any matter civil or criminal begun, depending, or terminated in any such Court. Any bill, petition, answer, interrogatory, deposition, affidavit, order or decree, or 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. Any original document in anywise relating to the business of any office or employment under Her Majesty, and being or remaining in any office appertaining to any Court of Justice, or in any of Her Majesty's castles, palaces or houses, or in any government or public office.

24 & 25 Vict. c. 96. s. 31, S., as in case of simple larceny. The words "burial ground were added to do away with a doubt expressed by Baron Bramwell in R. v. Jones, 1858, D. & B. 555, as to whether a churchyard was a "public place within 7 & 8 Geo. 4, c. 29, s. 44. The other

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whatsoever, or any 1 metal, or any utensil or fixture of whatever material, fixed in or to any building whatsoever, or

anything 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 or street, or in any place dedicated to public use or ornament, or

in any burial ground; or

(d.) 2 who steals, or cuts, breaks, roots up, or otherwise destroys or damages with intent to steal the whole or any part of any tree, sapling, or shrub, or any underwood, if the value of the article or articles stolen, or the amount of the injury done exceeds £5, or exceeds the value of £1, if the article or articles stolen or damaged grow in any park, pleasure ground, garden, orchard, or avenue, or in ground adjoining or belonging to any dwelling-house; or

(e.) 3 who steals, or cuts, breaks, roots up, or otherwise destroys, or damages, with intent to steal the whole or any part of any tree, sapling, or shrub, or any underwood, the value of the thing stolen, or the amount of the damage. done, being a shilling at the least after being twice summarily convicted of such offence; or

(f.) who steals, or destroys, or damages with intent to steal any plant, root, fruit, or vegetable production, growing in any garden, orchard, pleasure ground, nursery ground, hothouse, greenhouse, or conservatory after having been summarily convicted of such offence; or

(g.) 5 who steals any oysters or oyster brood from any oyster bed, laying, or fishery, being the property of any

judges did not share this doubt. The present enactment does not absolutely remove it, as there are many churchyards which are not burial grounds. However, the case of R. v. Jones distinctly decided the point. Lead, iron, copper, brass, or other metal."

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224 & 25 Vict. c. 96, s. 32, W. The section is rearranged for the sake of brevity, and the word "grow" substituted for "grows " to meet the grammar. The change also represents the sense, for it has been held that in estimating the damage done the value of several trees injured at the same time may be put together: R. v. Shepherd, 1868, 1 C. C. R. 118.

3 Ibid. s. 33.

4 Ibid. s. 36.

5 Ibid. s. 26.

other person and sufficiently marked out and known as such; or

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(h.) 1 who maliciously or fraudulently abstracts, causes to be wasted or diverted, consumes or uses any electricity.

2 Every one who commits any of the offences specified in clauses (c.), (d.), (f.), or (g.), after being previously convicted of any misdemeanor indictable under 24 & 25 Vict. c. 96, or after two previous summary convictions under 24 & 25 Vict. c. 96, or c. 97, or any Act mentioned in note (2) to Article 347, is liable to seven years penal servitude.

ARTICLE 354.

THEFTS PUNISHABLE WITH IMPRISONMENT.3

4Every one is guilty of felony and is liable to two years imprisonment with hard labour, who steals or severs with intent to steal the ore of any metal or any lapis calaminaris, 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.

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Every one is guilty of misdemeanor and is liable to fine and imprisonment with hard labour who fraudulently retains,

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1 45 & 46 Vict. c. 56, s. 23, declares that every such person shall be "guilty of simple larceny and punishable accordingly." Electricity" is defined in s. 32 as meaning "Electricity, electric current or any like agency." Probably the latter applies only to electricity used commercially. It would hardly apply to a person who in order to spoil a philosophical experiment maliciously caused electricity to be wasted.

The

2 24 & 25 Vict. c. 96, s. 8, W., makes this provision as to all offences punishable under the Act as simple larceny. It can hardly have been intended to make (e) punishable with seven or five years penal servitude, though this seems to be its effect if it is to be taken literally. offences in question are created by ss. 26, 31, 32, 33, 36. The case of a conviction of one of these offences after a previous conviction for felony is provided for, I suppose, by 7 & 8 Geo. 4, c. 28, s. 11. See Article 19,

ante.

3 Other similar offences punishable summarily will be found in Oke's Synopsis under the title Larceny in Vol. I. In the last edition of this work they were set out in Art. 328.

4 24 & 25 Vict. c. 96, s. 38.

57 Will. 4 & 1 Vict. c. 36, s. 31. See s. 43 as to hard labour, and s. 47 for definitions.

or wilfully secretes, keeps or detains, or being required to deliver up by an officer of the Post Office, neglects or refuses to deliver up, a post letter which ought to have been delivered to any other person, or a post letter bag, or a post letter which has been sent whether found by him or another person.

1 Every one commits a misdemeanor and is liable to eighteen months imprisonment and hard labour who steals. any dog, or unlawfully has in his possession or on his premises any stolen dog, or the skin of any stolen dog, knowing such dog to have been stolen, or such skin to be the skin of a stolen dog, after having been convicted summarily of any such offences respectively.

ARTICLE 355.

OPENING LETTERS.

2 Every one is guilty of a misdemeanor and is liable to a fine of £50 or imprisonment with hard labour for six months who, not being in the employment of the PostmasterGeneral wilfully and maliciously with intent to injure any other person opens, or causes to be opened, any letter which ought to have been delivered to the other person; or does any act or thing whereby the due delivery of such letter to such other person is prevented or impeded;

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provided that this Article does not apply to any parent or person in the position of a parent or guardian of the person to whom the letter is addressed.

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ARTICLE 356.

UNLAWFULLY DREDGING FOR OYSTERS.

Every one is guilty of a misdemeanor and is liable to

1 24 & 25 Vict. c. 96, ss. 18, 19.

2 54 & 55 Vict. c. 46, s. 10; the prosecution of this offence must be by the direction of the Postmaster-General.

3 As to hard labour, see Ibid. s. 12 (2) and 7 Will. 4 & 1 Vict. c. 36, s. 42.

4 For a definition, see 54 & 55 Vict. c. 46, s. 10; 38 Vict. c. 22, s. 10; 47 & 48 Vict. c. 76, ss. 19, 20.

5 24 & 25 Vict. c. 96, s. 26.

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