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FRUIT, VEGETABLES, &c.

Fruit,vegetables,

8c. The 6 Geo. 3, c. 36; Id. c. 48; 13 Geo. 3, c. 32; 42 Geo. 3,

c. 67; 7 Geo. 4, c. 69, repealed by 7 & 8 Geo. 4, c. 27.

LARCENY Act.
7 & 8 Geo. 4, c. 29.

7&86.4, c. 29. Sect. XLII. And be it enacted, That if any person shall Stealing, &c.

any fruit, or steal, or shall destroy or damage with intent to steal, any

vegetable proplant, root, fruit or vegetable production, growing in any gar- duction in a garden, orchard, nursery ground, hothouse, greenhouse or con- den, &c, punishservatory, every such offender, being convicted thereof before ableonsummary

conviction for a justice of the peace, shall, at the discretion of the justice,

first offence; either be committed to the common gaol or house of correction, second offence, there to be imprisoned only, or to be imprisoned and kept to felony. 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 £.20. 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.

Sect. XLIII. And be it enacted, That if any person shall Stealing, &c. steal, or shall destroy or damage with intent to steal, any vegetable procultivated root or plant used for the food of man or beast, or

ductions not for medicine, or for distilling, or for dying, or for or in the dens, &c.

growing in garcourse 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 gaol or 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 pay, over and above the value of the article or articles

Fruit,vegetables, so stolen, or the amount of the injury done, such sum of 8C.

money, not exceeding 20 s., as to the justice shall seem meet,

and in default of payment thereof, together with the costs, (if 7 & 86.4,c. 29.

ordered,) shall be committed as aforesaid, for any term not exceeding 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.

Malicious INJURIES Act. 7&8G. 4, c. 30.

7 & 8 Geo. 4, c. 30. Destroying, &c.

Sect. XXI. And be it enacted, That if any person shall unany fruit or ve lawfully and maliciously destroy, or damage with intent to getable production in a garden,

destroy, any plant, root, fruit of vegetable production, growing &c. punishable in any garden, orchard, nursery ground, hothouse, green. on summary house or conservatory, every such offender, being convicted conviction for

thereof before a justice of the peace, shall, at the discretion of first offence; second offence,

the justice, either be committed to the common gaol or house felony.

of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, for any term not exceeding six calen. dar months, or else shall forfeit and pay, over and above the amount of the injury done, such sum of money not exceeding £.20, 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 any of the punishments which the court may award for the felony hereinbefore last

mentioned. Destroying, &c. Sect. XXII. And be it enacted, That if any person shall vegetable pro- unlawfully and maliciously destroy, or damage with intent to

destroy, any cultivated root or plant used for the food of man Fruit,vegetables, or beast, or for medicine, or for distilling, or for dying, or for

&c. or in the course of any manufacture, and growing in any land,

7&8 G. 4, c. 30. open or inclosed, not being a garden, orchard or nursery ground, every such offender, being convicted thereof before ductions not a justice of the peace, shall, at the discretion of the justice, growing in gareither be committed to the common gaol or house of correc

dens, &c. tion, 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 pay, over and above the amount of the injury done, such sum of money, not exceeding 20 s., as to the justice shall seem meet; and in default of payment thereof, together with the costs, if ordered, shall be committed as aforesaid for any term not exceeding one calendar month, unless payment be sooner made; and if any person s0 convicted shall afterwards be guilty of any of the said offences, and shall be convicted thereof in like mannet, 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.

Note.In some respects the law upon this subject is much more merciful to the offender than under the old statutes; as, for instance, the first offence of taking roots, &c. in gardens, &c. was formerly punished with seven years transportation, and the third offence, of a like nature, in uncultivated lands, was made a felony.

As the law is now modelled, the crimes and penalties seem to be capable of the following classification :

The stealing or destroying, &c. with such intent any plant, &c. growing in a garden, orchard, nursery ground, hothouse, greenhouse or conservatory, or damaging the same with intent to destroy them, is punishable by a summary conviction before a magistrate, who is empowered, at his discretion, to award six

Fruit, vegetables, months hard labour, or to fine the offender, over and above the 8c. value of the articles, a sum not exceeding £ 20. And a second

offence of either kind is deemed felony, and punishable accord7&8G. 4, c. 30. ingly.

The stealing or destroying with such intent any cultivated root or plant, used for the food of man or beast, &c. and growing any where, damaging the same with intent to destroy them, is punishable summarily, by one calendar month's imprisonment, and 20 s. fine above the value of the mischief or ihing stolen, at the magistrate’s discretion. And for a second offence six calendar months imprisonment are awarded, with whipping, public or private, if the conviction shall take place before two justices, as they shall think fit.

Indictment for a Second Offence in stealing Fruit, Vegetables,

fc. growing in a Garden. Wiltshire, The jurors for our lord the King upon their oath

to wit. present, that heretofore, to wit, on, &c, in the tenth year, &c. at &c. in the county of A. was duly convicted before B., esquire, one of His Majesty's justices of the peace for the aforesaid county of — [set out the

conviction and the sentence, as in tit. Deer and VENISON]: And the jurors aforesaid, upon their oath aforesaid, do further present, that the said A., late of the parish of in the county of having been convicted as aforesaid, afterwards, to wit, on, &c. at, &c. in the county of certain fruit, to wit, one hundred apples [as the case may be] of and belonging to one C., growing and being, on the day and year last aforesaid, in the county aforesaid, in a certain garden (orchard, &c.] of and belonging to the said C., situate at. aforesaid, in the county of aforesaid, in and from the said garden feloniously did steal, take and carry away, to wit, on the day and year last aforesaid, at

aforesaid, in the county of aforesaid, against the form of the statute, &c. and against the peace of our said lord the King, his crown and dignity

Evidence. Here it is requisite to prove the prior conviction, either by the record, or by an examined copy. It is also necessary to show the identity of the prisoner, and then the taking of the fruit, as in a common case of larceny.

Indictment for a Second Offence in maliciously destroying Fruit, Fruit, vegetables, Vegetables, &c. in a Garden.

&c. Hertfordshire, The jurors for our lord the King upon their

to wit. Joath present, that heretofore, to wit, on, &c. 7& 8 G. 4, c. 30. in the tenth year, &c. at in the county of

A. was duly convicted, &c. [as in the last precedent, and see tit. DEER and VENISON] : And the jurors aforesaid, upon their oath aforesaid, do further present, that the said A. late of the parish ofin the county of labourer, having been convicted as aforesaid, afterwards, to wit, on, &c. at, &c. in the county of certain (fruit) to wit, [describe the fruit, roots, fc. as the case may be of and belonging to one C., growing and being, on the day and year last aforesaid, at, &c. in the county of aforeşaid, in a certain [garden) of the said C., did feloniously, unlawfully and maliciously destroy, to wit, on the day and year last aforesaid, at, &c. aforesaid, in the county of - aforesaid, [or

, did feloniously, &c. damage, with intent to destroy the same, to wit, on, &c. at, &c.] against the form of the statute, &c. and against the peace of our said lord the King, his crown and dignity.

Evidence. The evidence is very simple. The conviction, or an examined copy, the identity of the prisoner, together with the new offence, form the necessary proofs.

GAME AND GAMEKEEPER.

See POACHING.

Game.

HARES AND CONIES.

Hares & Conies. The 3 Jac. 1, c. 13; 7 Jac. 1, c. 13; 22 & 23 Car. 2, c. 25

s. 4; 9 Geo. 1, c. 22 ; 5 Geo. 3, c. 14, repealed by 7 & 8.
Geo. 4, c. 27.

LARCENY Act.
7 & 8 Geo. 4, c. 29.

7& 8 G.4, c. 29. Sect. XXX. And be it enacted, That if any person shall Killing, &c. unlawfully and wilfully, in the night-time, take or kill any hares or conies hare or coney in any warren or ground lawfully used for the in a warren in

the night-time. breeding or keeping of hares or conies, whether the same be

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