article in respect of which the offence is committed is the property of any person. Note.-This clause is taken from the 7 & 8 Geo. 4, c. 29, s. 21; and 9 Geo. 4, c. 55, s. 21 (I.). The offences contained in this clause were The provision as to value in the former enact- 28, ante, p. 124. As to hard labour, &c., see ante, p. 5. As to larceny of things attached to or growing &c., fixed 31. Whosoever shall steal, or shall rip, cut, sever, Metal, or break with intent to steal, any glass or wood- glass, wood, work belonging to any building whatsoever, or any to house lead, iron, copper, brass, or other metal, or any or land. utensil or fixture, whether made of metal or other material or of both, 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 or street, or in any place dedicated to public use or ornament, or in any burial ground, shall be guilty of felony, and being convicted thereof shall be liable to be punished as in the case of simple larceny; and in the case of any such thing fixed in any such square, street, or place as aforesaid, it shall not be necessary to allege the same to be the property of any person. Note.-This clause is taken from the 7 & 8 Geo. 4, c. 29, s. 44, and the 9 Geo. 4, c. 55, s. 37 (I.). The word 66 sever is added in order to include cases where the offender does not "rip, cut, or break; e. g. where a fixture is unscrewed. Trees in pleasure grounds of the value of 1l., or of 51. The words of the former enactments were square, street, or other place, &c; they have been altered so that "place" may not be limited to a place ejusdem generis with square or street. The words "in any burial ground” are added to do away with the doubts as to fixtures in churchyards, &c. See Rex v. Blick, 4 C. & P. 377; Rex v. Jones, 2 Russ. C. & M. 66; Reg. v. Jones, Dears. & B. 555. As to the punishment, see ante, p. 105. 32. Whosoever 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 elsewhere in any park, pleasure ground, garden, orchard, or of the value avenue, or in any ground adjoining or belonging to any dwelling house, shall (in case the value of the article or articles stolen, or the amount of the injury done, shall exceed the sum of one pound,) be guilty of felony, and being convicted thereof shall be liable to be punished as in the case of simple larceny; and whosoever 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 in this section before mentioned, shall (in case the value of the article or articles stolen, or the amount of the injury done, shall exceed the sum of five pounds,) be guilty of felony, and being convicted thereof shall be liable to be punished as in the case of simple larceny. Stealing trees, Note.-This clause is taken from the 7 & 8 Geo. 4, c. 29, s. 38, and 9 Geo. 4, c. 55, s. 31, (I.). As to the punishment, see ante, p. 105. 33. Whosoever shall steal, or shall cut, break, root up, or otherwise destroy or damage with intent to soever growing for first and second offence, steal, the whole or any part of any tree, sapling, shrubs, or shrub, or any underwood, wheresoever the same &c., wheremay be respectively growing, the stealing of such se article or articles, or the injury done, being to the and of any amount of a shilling at the least, shall on conviction value above thereof before a justice of the peace, forfeit and pay, able on 1s., punishover and above the value of the article or articles summary stolen, or the amount of the injury done, such sum conviction of money not exceeding five pounds as to the justice for shall seem meet; and whosoever having been con- offence; victed of any such offence, either against this or any third former Act of Parliament, shall afterwards commit felony. any of the said offences in this section before-men- Second tioned, and shall be convicted thereof in like manner, offence. 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 months as the convicting justice shall think fit; and whosoever, having been twice convicted of any such offence (whether both or either of such convictions shall have taken place before or after the passing of this Act), shall afterwards commit any of the offences in this section before-mentioned, 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. Note. This clause is taken from the 7 & 8 Geo. 4, c. 29, s. 39. There was a similar clause in the 14 & 15 Vict. c. 92, s. 5 (I.). As to the punishment, see ante, p. 105. As to the summary proceedings under this clause, see the Appendix, post. Third offence. live or 34. Whosoever shall steal, or shall cut, break, or Stealing, throw down with intent to steal, any part of any &c., any live or dead fence, or any wooden post, pale, wire, dead fence, or rail set up or used as a fence, or any stile or wooden gate, or any part thereof respectively, shall, on con- fence, stile, viction thereof before a justice of the forfeit peace, and pay, over and above the value of the article or articles so stolen, or the amount of the injury done, G or gate. Second offence. such sum of money not exceeding five pounds as to the justice shall seem meet; and whosoever, having been convicted of any such offence, either against this or any former Act of Parliament, shall afterwards commit any of the said offences in this section before mentioned, and shall be convicted thereof in like manner, shall be committed to the common gaol or house of correction, there to be kept to hard labour, for such term not exceeding twelve months, as the convicting justice shall think fit. Note. This clause is taken from the 7 & 8 Geo. 4, c. 29, s. 40; there was a similar clause in the 14 & 15 Vict. c. 92, s. 5 (I). As to the proceedings under this clause, see the Appendix, post. Suspected 35. If the whole or any part of any tree, sapling, persons in or shrub, or any underwood, or any part of any possession live or dead fence, or any post, pale, wire, rail, stile, of wood, &c., not satisfactorily accounting for it. or gate, or any part thereof, being of the value of one shilling at the least, shall be found in the possession of any person, or on the premises of any person, with his knowledge, and such person, being taken or summoned 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 not exceeding two pounds. Note.-This clause is taken from the 7 & 8 Geo. 4, c. 29, s. 41; there was a similar clause in the 14 & 15 Vict. c. 92, s. 4 (I). The words "by virtue of a search warrant," in the 7 & 8 Geo. 4, s. 29, s. 41, are omitted. See note to sec. 14, ante, p. 113. As to the proceedings under this clause, see the Appendix, post. fruit or punishable on sum viction for first of 36. Whosoever shall steal, or shall destroy or Stealing, damage with intent to steal, any plant, root, fruit, &c. any or vegetable production growing in any garden, orchard, pleasure ground, nursery ground, hothouse, production greenhouse, or conservatory, shall, on conviction in a garthereof before a justice of the peace, at the dis- den, &c., cretion of the justice, either be committed to the common gaol or House of Correction, there to be mary conimprisoned only, or to be imprisoned and kept to hard labour, for any term not exceeding six months, fence; 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 Second exceeding twenty pounds as to the justice shall offence, seem meet; and whosoever, having been convicted of any such offence, either against this or any former Act of Parliament, shall afterwards commit any of the offences in this section before mentioned, 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. Note. This clause is taken from the 7 & 8 Geo. 4, c. 29, s. 42. There was a similar clause in the 14 & 15 Vict. c. 92, s. 5 (I.) but limited, no doubt by mistake, to plants, &c., "severed from the soil. As to the punishment, see ante, p. 105. As to the summary proceedings under this clause, see the Appendix, post. felony. ductions 37. Whosoever shall steal, or shall destroy or Stealing, damage with intent to steal, any cultivated root or &c. vegeplant used for the food of man or beast, or for table pro medicine, or for distilling, or for dyeing, or for or not growin the course of any manufacture, and growing in ing in gardens, &c. any land, open or inclosed, not being a garden, orchard, pleasure ground, or nursery ground, shall, on conviction thereof before a justice of the peace, 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 |