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to such municipal corporation; and all monies or valuable securities which shall have been lawfully received or taken into his possession, by virtue of his office or employment, shall be deemed to be monies or valuable securities belonging to such municipal corporation; and if any such officer or person shall at any time fraudulently embezzle any such chattel, money or valuable security (and any refusal or failure to pay over, or deliver up any such chattel, money or valuable security to such municipal corporation, or to any officer or person by them authorised to demand the same, shall be held to be a fraudulent embezzlement thereof), he may be indicted and proceeded against, and being convicted thereof shall be liable to be punished in the same manner as any servant, who having fraudulently embezzled any chattel, money or valuable security, received or taken into his possession, by virtue of his employment for, and in the name, and on the account of his master, may be indicted, proceeded against, and punished: Provided always, that nothing herein contained shall impeach any other remedy against such offender or his sureties.

TREES.

By stat. 4 & 5 Vic. c. 25, § 31, if any person 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, wheresoever the same may be respectively growing the stealing of such article or articles, or the injury done being to the amount of a shilling at the least-every such offender, being convicted before a justice of the peace, shall for every such offence forfeit and pay over and above the value of the article or articles stolen, or the amount of the injury done, such a sum of money, not exceeding £5, as to the justice shall

seem meet.

By stat. 4 & 5 Vic. c. 26, § 19, if any person shall unlawfully and maliciously cut, break, bark, root up, or otherwise destroy or damage the whole or any part of any tree, sapling or shrub, or any underwood respectively growing in any such park, pleasure ground, garden, orchard or avenue, or in any ground adjoining or belonging to any dwelling-house, every such offender shall be guilty of a misdemeanor, and being convicted thereof shall be punished accordingly; and if any person shall unlawfully and maliciously cut, break, root up, or otherwise destroy or damage the whole or any part of any tree, sapling or shrub, or any underwood respectively growing elsewhere than in any of the situations hereinbefore mentioned, every such offender (in case the amount of the injury done shall exceed one pound) shall be guilty of a misdemeanor, and being convicted thereof

shall be punished accordingly. § 20. If any person shall unlawfully and maliciously cut, break, bark, root up, or otherwise destroy or damage the whole or any part of any tree, sapling or shrub, or any underwood, wheresoever the same may be respectively growing, the injury done being to the amount of one shilling at the least, every such offender being convicted thereof before a justice of the peace, shall forfeit and pay over and above the amount of the injury done, such sum of money, not exceeding £1, as to the justices shall seem meet.

For the form of proceeding as to the penalties, see title "Summary Conviction."

TURNPIKES.

By 4 & 5 Vic. c. 26, § 14, if any person shall unlawfully and maliciously throw down, level or otherwise destroy, in whole or in part, any turnpike gate, or any wall, chain, rail, post, bar or other fence belonging to any turnpike gate, or set up or erected to prevent passengers passing by without paying any toll directed to be paid by any act or acts, ordinance or ordinances relating thereto, in force in this province; or any house, building, or weighing engine, erected for the better collection, ascertainment or security of any such toll, every such offender shall be guilty of a misdemeanor, and being convicted thereof shall be punished accordingly.

By the 12 Vic. c. 25, all persons in the naval or military service of her Majesty, on actual duty, with their horses and carriages, and all horses, carts, carriages or wagons, in charge of any such persons, conveying any naval or military stores, in her Majesty's service, shall pass the gates free of toll.

USURY.

Usury is the offence of extorting an unreasonable rate of interest for the loan of money, beyond what is allowed by law, and, from what is said in the books, it appears that usury was originally considered as an offence at common law.-2 Roll. 800; 3 Inst. 151, 152; 6 Com. Dig.; Usury (A.) Anon. Hardr. 410. The rate of legal interest in this province is 6 per cent. by the *51 G. III. c. 9, § 6; which also enacts, that all bonds, contracts and assurances whatsoever, whereby a greater rate of interest shall be reserved and taken, shall be utterly void; and every person who shall either directly or indirectly take, accept and receive a higher interest, shall forleit and lose for every such offence treble of the value of the monies, wares, merchandizes and other things lent or bargained for, to be recovered by action of debt in the Court of King's Bench in this province; a moiety of such forfeiture to the use of the province, and the other moiety to the informer.

VAGRANTS.

1. Idle and Disorderly Persons.

By 7 J. c. 4, idle and disorderly persons shall be sent to the house of correction; and by 17 G. II. c. 5, idle and disorderly persons are thus described inter alia-1. All persons who, not having wherewith to maintain themselves, live idle without employment, and refuse to work for the usual and common wages given to other labourers in the like work in the parishes or places where they are. 2. All persons going about from door to door, or placing themselves in streets, highways, or passages, to beg or gather alms in the parishes or places where they dwell-all these shall be deemed idle and disorderly persons. And it shall be lawful for one justice to commit such offenders (being convicted thereof before him, by his own view, or confession; or oath of one witness) to the house of correction, to be kept to hard labour, not exceeding one month. And any person may apprehend, and carry before a justice, any such persons going about from door to door, or placing themselves in streets, highways, or passages, to beg alms in the parishes or place where they dwell, and if they shall resist or escape from the person apprehending them, they shall be punished as rogues and vagabonds.

2. Rogues and Vagabonds.

By 17 G. II. c. 5, the following persons shall be deemed rogues and vagabonds:-1. All persons going about as patent gatherers, or gatherers of alms, under pretences of loss by fire, or other casualty. 2. Persons going about as collectors for prisons, gaols or hospitals. 3. Fencers. 4. Bearwards. 5. Common players, not authorised by law. 6. Minstrels. 7. Jugglers. 8. Gypsies. 9. Or pretending to have skill in physiognomy, palmestry, or like crafty science, or tell fortunes. 10. Or using any subtle craft to deceive and impose on any of his Majesty's subjects. 11. Or playing or betting at any unlawful games or plays. 12. All persons wandering abroad, and lodging in ale-houses, barns, out-houses, or in the open air, not giving a good account of themselves. 13. All persons wandering abroad and begging, pretending to be soldiers, mariners, or seafaring men. 14. Or pretending to go to work in harvest. 15. And all other persons wandering abroad and begging, shall be deemed rogues and vagabonds.

Incorrigible Rogues are thus described.

1. All end-gatherers offending against the statute of 13 G., being convicted of such offence. 2. All persons apprehended as rogues and vagabonds, and escaping from the persons who

apprehend them. 3. All rogues or vagabonds who shall break or escape out of any house of correction, before the expiration of the term for which they were committed or ordered to be confined by this act. 4. All persons who, after having been punished as rogues and vagabonds, and discharged, shall again commit any of the said offences: all these shall be deemed incorrigible rogues.-§ 4.

4. Apprehending Rogues.

If any person shall be found offending against this act, the constable shall apprehend him, and convey, or cause him to be conveyed, to a justice of the peace-17 G. II. c. 5, § 5, under the penalty of 10s. for such refusal.-1b. And any other person may apprehend and carry him to the constable, or to a justice.

5. Punishment.

And such justice shall order such person so apprehended to be publicly whipped by the constable, or shall order him to be sent to the house of correction (or common gaol-27 G. III. c. 11) till the next sessions, or for any less time, as such justice shall think proper.-17 G. II. c. 5, § 7. And if committed till the sessions, and the justices at such sessions shall, on examination of the case, adjudge such person to be a rogue or a vagabond, or an incorrigible rogue, they may order such rogue or vagabond to be detained in the house of correction for any further time, not exceeding six months; and such incorrigible rogue, for any further time not exceeding two years, nor less than six months, and during his confinement to be whipped in such a manner, and at such times and places, as they shall think fit. And if such incorrigible rogue, so ordered by the sessions to be detained in the house of correction, shall break out, or make his escape, or shall offend again in like manner, he shall be guilty of felony, and be transported for seven years. -17 G. II. c. 5, § 7, 8, 9. And by 13 & 14 C. II. c. 12, the justices in sessions may transport such rogues, vagabonds, and sturdy beggars, as shall be duly convicted and adjudged to be incorrigible.-§ 23.

6. Penalty for lodging Vagrants.

If any person shall knowingly permit any rogue, vagabond, or incorrigible rogue, to lodge or take shelter in his house, barn, or other out-house or building, and shall not apprehend and carry him before a justice, or give notice to the constable to do so, he shall forfeit not exceeding 40s. nor less than 10s., upon conviction before one justice, half to the informer, and half to the poor, by distress and sale.-17 G. II. c. 5, § 23.

6. General penalty for hindering the execution of the Vagrant Act. If any constable or other officer, or governor of any house of correction, shall be defective in his duty; or if any person shall hinder the execution of this act, or shall rescue any person apprehended, or aid therein, he shall, on conviction before one justice, forfeit hot exceeding £5, nor less than 10s., and in default, be committed to the house of correction, with hard. labour, not exceeding two months.-17 G. II. c. 5, § 22.

VEGETABLES.

By 4 & 5 V. c. 25, § 34, if any person shall steal, or shall destroy, or damage with intent to steal, any tree, sapling, shrub, bush, plant, root, fruit or vegetable production, growing in any garden, orchard, nursery-ground, hot-house, green-house, or conservatory, every such offender, being convicted thereof before a justice of the peace, 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 £5, 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 as in the case of simple larceny. § 35. If any person shall steal, or shall destroy or damage with intent to steal, any cultivated root or plant used for the food of man or beast, or for medicine, or for dyeing, or for or in the course of any manufacture, and growing in any land open or enclosed, not being a garden or nursery ground, every such offender, being convicted thereof before a justice of the peace, shall forfeit and pay, over and above the value of the article or articles stolen, or the amount of the injury done, such sum of money not exceeding 20s. as to the justice shall seem meet; and in default of payment thereof, together with the costs if ordered, shall be committed to the house of correction for any term not exceeding one calendar month, unless payment be sooner made.

By 10 & 11 Vic. c. 4, § 7, attempt to set fire to any stock or to any vegetable produce of such kind, and with such intent, that if offence was complete the offender would be guilty of felony, &c., is made felony and punishable accordingly.

For forms of proceeding see title "Summary Punishment."

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*By 7 W. IV. c. 22, § 1, it is enacted that all steam-boats, schooners, vessels and rafts, that shall be navigated upon the lakes and rivers of this province, and the British channel of the St. Lawrence river, between the port of Kingston and the

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