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exceeds 11.

manganese or mundick, or any wad, black to busins: cawke, or black lead, or any coal or cannel ou coal, from any mine, bed, or vein thereof 10

spectively, every such offender shall be guilty Felony.

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

as in the case of simple larceny, fu teritori Stealing trees, shrubs,

XXXVIJI. And be it enacted, That if any &e. growing in cer, person shall-steal, or shall cut, break, root up, be felony, if the value or otherwise destroy or damage with intent to

steal, the whole or any part of any treej sapling or shrub, or any underwood, respectively, growing in any park, pleasure ground, gardeos orchard, or aveņue, 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 da. where, shall be felony,

mage with intent to steal, the whole or any part of any tree, sapling, or shrub, or any una derwood, 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

a five pounds) shall be guilty of felony, and, Period is being convicted thereof, shall be liable to be

punished in the same manner as in the case of simple larceny.

not haobh Stealing trees, shrubs, XXXIX. And be it enacted, That if any growing, and of any person shall steal, or shall cut, break, root up, value above is, pu- or otherwise destroy or damage with intent to nishable on summary steal, the whole or any part of any tree, sap

if the value exceeds 51.

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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 the stealing of such article or articles, or the offence felony. injury done, being to the amount of a shilling hat the least, every such offender, being conwieted before a justice of the peace, shall for the first offence forfeit and pay, over and Vabove the value of the article or articles stolen, or the amount of the injury done, such !!!" sum of money, not exceeding five pounds, as it sits tired 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 commitHed to the common gaol or house of correction, there to be kept to hard labour for such term,

hot exceeding twelve calendar months, as the beonvicting justice shall think fit; and if such 9second 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; and if atly 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 punished in the same mariner as in the case of Simple larceny.

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

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fence, stile, or gate." dead fence, or any wooden post, palé, or rail set up or used as a fence, or any stile or gate,

bax,

Of I'd

See note, ante, p. 81.

+ See note, ante, p. 81.

ALEH PUAS paties or any part thereof respectively, every such -busburg sideisgav offender, being convicted before a justice of trise 10 slóartein the peace, shall for the first offence forfeit and Toit soitivno yun pay, over and above the value of the article yrolstons or articles so stolen, or the amount of the in

jury done, such sum of money, not exceedings five pounds, as to the justice shall seem meet ad 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 exceed ing twelve 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, iť a male, to be once or twice publicly or privatelyq whipped, after the expiration of four days

from the time of such conviction. Wine bomb Suspected persons in

XLI. And be it enacted, That if the wholelt possession of wood, or any part of any tree, sapling, or shrub, on &c. not satisfactorily accounting for it. *

any underwood, or any part of any live or anghuso ni gain, dead fence, cor any post, pale, orail, stile, 2012

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

of two shillings at the least, shall, by virtue ofir a search warrant, to be granted as hereinas after mentioned, be found in the possession of any person, or on the premises of any person, 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 idaton 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 nota exceeding two pounds. 18 anodel biart of to, dottore See note, ante, p. Sisir pusbuglso 9no E 42.4306 297

1899 or 9*777 52

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1XLII. 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 sumvegetable production, growing in any garden, mary conviction for orchard, inursery 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 or house of correction, there to be imprisoned only or to be imprisoned and kept to hard la. bour, for any term not exceeding six calendar inonths 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 convieted 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. vegeta* son shall steal, or shall destroy or damage with growing

in Gardens, intent to steal, any cultivated root or plant &c.t used for the food of man or beast, or for medi. cine, 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. gaoborrhouse 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,

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pay, over and above the value of the article or articles so stolen, or the amount of the in jury done, such sum of money, not exceeding twenty shillings, as to the justice shall seem meet, and in default of payment thereof, toa gether with the costs (if ordered) shall be committed as aforesaid, for any term hoteka ceeding one calendar month, unless payment be sooner made; and if any person so con 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 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 it such subsequent conviction shall take place before two justices, they may further corder 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.'' Steahug glass, wocd- XLIV. 'And be it enacted, That if any perany kind from build son shall steal, or rip, cut, or break with intent ings, 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 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

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