No. 1. Act 2 Vic. c. 5. fishing against the provision of this Act. Punishment Punishment for cutting, breaking, or otherwise destroying any tree, &c., if the value shall exceed £1. Punishment for destroying any tree, sapling, &c., of the value of one shilling. owner of the ground, water, or fishery, where such offender shall be so found, his servants, or any person authorized by him, to demand from such offender any rods, lines, hooks, nets, or other implements for taking or destroying turtle or fish, which shall then be in his possession: and in case such offender shall refuse to deliver up the same, it shall be lawful for the person aforesaid, to seize and take possession thereof for the use of the owner of the said ground, water, or fishery. XXXI. That if any person shall erase, deface, obliterate, or alter, any brands or other marks on any cattle, sheep, swine, goats, turtle, or fish, such turtle or fish being in a pond or crawl, or put any false mark thereon, with a fraudulent or malicious intent, every such offender shall be guilty of a misdemeanour, and on conviction thereof before two Justices of the Peace, shall be liable, at the discretion of such Justices, to be fined in any sum not exceeding twenty pounds of lawful money: and, in default of payment thereof, shall, at the discretion of the Justices, be imprisoned in the common gaol, workhouse, or house of correction, for any space of time not exceeding six calendar months: and if any person, so convicted, shall afterwards be guilty of the said offence, such offender shall be committed to the common gaol, workhouse, or house of correction, there to be kept to hard labour for such time not exceeding twelve calendar months, as the convicting Justices shall think fit. XXXII. That 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, respectively growing in any park, pleasure-ground, garden, orchard, or avenue, or in any ground adjoining or belonging to any dwellinghouse, every such offender, in case of the value of the article or articles stolen, or the amount of the injury done, shall exceed one pound sterling, 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 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 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 five pounds sterling, 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. XXXIII. That 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 sixpence sterling, at the least, every such offender, being convicted before two Justices of the Peace, shall, for the first offence, 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 five pounds, as to the Justices 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 committed to the common gaol, or house of correction, there to be kept to hard labour for c. 5. such term not exceeding twelve calendar months, as the convicting No. 1. Justices shall think fit; and they may further order the offender, if Act 2 Vic. 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 any 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 manner as in the case of simple larceny. XXXIV. That if any person shall steal, or shall cut, break, or throw down, with intent to steal, any part of any live or dead fence, or any wooden post, pale, or rail, set up or used as a fence, or any stile, gate, stone wall, or any part thereof, respectively, every such offender, being convicted before two Justices of the Peace, shall, for the first offence, 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 five pounds, as to the Justices 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 be committed to the common gaol, or house of correction, there to be kept to hard labour for such term not exceeding twelve calendar months, as the convicting Justices shall think fit; and 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. pan, XXXV. That if the whole, or any part, of any tree, sapling, or shrub, or any underwood, or any part of any live or dead fence, or any post, pale, rail, stile, or gate, stone wall, or any part thereof, being of the value of two shillings, at the least, shall, by virtue of a search warrant to be granted as hereinafter 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 two Justices of the Peace, shall not satisfy the Justices that he came lawfully by the same, he shall, on conviction by the Justices, forfeit and pay, over and above the value of the article or articles so found, any sum not exceeding two pounds. XXXVI. That if any person shall steal, or shall destroy, or damage, with intent to steal, any salt from salt pond, salt any or salt heap adjacent to any salt pond, or pan, every such offender, being convicted thereof before two Justices of the Peace, shall, at the discretion of the Justices, 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 three calendar months; or else shall forfeit and pay, over and above the value of the salt so stolen or injured, such sum of money, not exceeding fifteen pounds, lawful money, as aforesaid, as to such Justices 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 imprisoned, and kept to hard labour, for any term not exceeding four years, at the discretion of the Court. Punishment for destroying fences, with the intent of steal ing. Punishment any stolen Punishment for stealing salt from salt ponds, &c. XXXVII. That if any person shall steal, or shall destroy or Punishment damage, with intent to steal any plant, root, fruit, or vegetable for stealing any plant, production, growing in any garden or orchard, every such offender, fruit, &c., from being convicted thereof before two Justices of the Peace, shall, at any garden or the discretion of the Justices, either be committed to the common orchard. No. 1. Act 2 Vic. c. 5. Punishment for stealing any standing maize, &c., from any open or enclosed land. Punishment for stealing any glass, woodwork, &c., from any building. Punishment when Tenants shall steal any chattel or fixture. gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour for any term not exceeding three 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 fifteen pounds, lawful money, as aforesaid, as to the Justices 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. XXXVIII. That if any person shall steal, or shall destroy or damage, with intent to steal, any fruit or standing maize, or Indian corn, or Guinea corn, or other vegetable production, or any other cultivated root or plant used for the food of man or beast, or for medicine, or for distilling, or for dyeing, or for, or in the course of any manufacture, and growing on any land open or inclosed, not being a garden or orchard, every such offender, being convicted before two Justices of the Peace, shall, at the discretion of the Justices, 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 so stolen, or the amount of the injury done, such sum of money, not exceeding twenty shillings, lawful money, as aforesaid, as to the Justices shall seem meet; and in default of payment thereof, 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 so convicted shall afterwards be guilty of the said offence, 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 three calendar months, as the convicting Justices shall think fit, and 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. other XXXIX. That if any person shall steal, or rip, cut, or break, with intent to steal, any glass or wood-work belonging to any building whatsoever, or any lead, iron, copper, brass, or other metal, or any utensil or fixture, whether made of metal or any material, respectively 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, street, or other public 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 fixed in any square, street, or like place, it shall not be necessary to allege the same to be the property of any person. XL. And for the punishment of depredations committed by tenants and lodgers; Be it, &c., That if any person shall steal any chattel or fixture, let to be used by him or her, in or with any house or lodging, whether the contract shall have been entered into by him or her, or by her husband, or by any person on behalf of him or her, or her husband, 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 every such case of stealing any chattel, it shall be lawful to prefer an indictment in the common form, as for larceny, and in every such case of stealing any fixture, to prefer an indictment in the same form as if the offender were not a tenant or lodger, and in either case to lay the property in the owner or person letting to hire. XLI. And for the punishment of depredations committed by clerks and servants, in cases not punishable capitally; Be it, &c., That if any clerk or servant shall steal any chattel, money, or valuable security, belonging to, or in the possession or power of his master or employer, every such offender being convicted thereof, shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding four years, and if a male, to be once, twice, or thrice, publicly or privately whipped, if the Court shall so think fit, in addition to such imprisonment. XLII. And for the punishment of embezzlements committed by clerks or servants; Be it, &c., That if any clerk, or servant, or any person employed for the purpose, or in the capacity of a clerk or servant, shall, by virtue of such employment, receive or take into his possession, any chattel, money, or valuable security, for, or in the name, or on account of his master or employer, and shall fraudulently embezzle the same or any part thereof, every such offender shall be deemed to have feloniously stolen the same from his master or employer, although such chattel, money, or valuable security, was not received into the possession of such master or employer, otherwise than by the actual possession of his clerk, servant, or other person so employed; and every such offender being convicted thereof shall be liable, at the discretion of the Court, to any of the punishments which the Court may award, as hereinbefore last mentioned. XLIII. And for preventing the difficulties that have been experienced in the prosecution of the last-mentioned offences; Be it, &c., That it shall be lawful to charge in the indictment, and proceed against the offender, for any number of distinct acts of embezzlement, not exceeding three, which may have been committed by him against the same master or employer, within the space of six calendar months, from the first to the last of such acts; and in every such indictment (except where the offence shall relate to any chattel) it shall be sufficient to allege the embezzlement to be of money, without specifying any particular coin, or valuable security, and such allegation so far as regards the description of the property shall be sustained, if the offender shall be proved to have embezzled any amount, although the particular species of coin or valuable security of which such amount was composed shall not be proved, or if he shall be proved to have embezzled any piece of coin or valuable security, or any portion of the value thereof, although such piece of coin or valuable security may have been delivered to him, in order that some part of the value thereof should be returned to the party delivering the same, and such part shall have been delivered accordingly. XLIV. And for the punishment of embezzlement committed by agents intrusted with property; Be it, &c., That if any money or security for the payment of money, shall be intrusted to any banker, merchant, broker, attorney, or other agent, with any direction in writing to apply such money, or any part thereof, or the proceeds, No. 1. Act 2 Vic. c. 5. Punishment of Servants steal- Punishment for embezzling their master's property. Any number of acts of em bezzlement not exceeding three may be proceeded against. Punishment of Agents for embezzling property intrusted to them. No. 1. Act 2 Vic. c. 5. This Act not to affect any Trustee or Mortgagee in regard to any property under their control, or any banker, or merchant, &c. Punishment of Agents, &c., pledging goods, &c., intrusted to them for sale as a security for their own benefit. or any part of the proceeds of such security, for any purpose specified in such direction, and he shall in violation of good faith, and contrary to the purpose so specified, in anywise convert to his own use or benefit such money, security, or proceeds, or any part thereof, respectively, every such offender shall be guilty of a misdemeanour, and being convicted thereof shall be liable, at the discretion of the Court, to suffer such punishment, by fine or imprisonment, or by both, as the Court shall award; and if any chattel, or valuable security, or any power of attorney for the sale or transfer of any share or interest in any public loan, stock, or fund, whether of the United Kingdom or of any part thereof, or of this or any other of Her Majesty's colonial possessions or settlements, or of any foreign state or colony, or in any fund of any body corporate, company, or society, shall be intrusted to any banker, merchant, broker, attorney, or other agent, for safe custody, or for any special purpose, without any authority to sell, negociate, transfer, or pledge, and he shall, in violation of good faith, and contrary to the object or purpose for which such chattel, security, or power of attorney, shall have been intrusted to him, sell, negociate, transfer, pledge, or in any manner convert to his own use or benefit, such chattel or security, or the proceeds of the same, or any part thereof, or the share or interest in the stock or fund to which such power of attorney shall relate, or any part thereof, every such offender shall be guilty of a misdemeanour, and being convicted thereof shall be liable, at the discretion of the Court, to any of the punishments which the Court may award, as herein before last mentioned. XLV. That nothing hereinbefore contained relating to agents, shall affect any trustee in or under any instrument whatever, or any mortgagee of any property, real or personal, in respect of any act done by such trustee or mortgagee, in relation to the property comprised in or affected by any such trust or mortgage, nor shall restrain any banker, merchant, broker, attorney, or other agent, from receiving any money, which shall be or become actually due and payable upon, or by virtue of any valuable security, according to the tenor and effect thereof, in such manner as he might have done, if this Act had not been passed, nor for selling, transferring, or otherwise disposing of any securities or effects in his possession, upon which he shall have any lien, claim, or demand, entitling him by law so to do, unless such sale, transfer, or other disposal shall extend to a greater number or part of such securities or effects, than shall be requisite for satisfying such lien, claim, or demand. XLVI. That if any factor or agent, intrusted for the purpose of sale, with any goods or merchandise, or intrusted with any bill of lading, warehouse-keeper's or wharfinger's certificate, or warrant or order for the delivery of goods or merchandise, shall, for his own benefit, and in violation of good faith, deposit or pledge any such goods or merchandise, or any of the said documents as a security for any money or negociable instrument, borrowed or received by such factor or agent, at or before the time of making such deposit or pledge, or intended to be thereafter borrowed or received, every such offender shall be guilty of a misdemeanour, and being convicted thereof, shall be liable, at the discretion of the Court, to suffer such punishment by fine or imprisonment, or by both, as the Court shall award; but no such factor or agent shall be liable to any prosecution for depositing or pledging any such goods or merchandise, or any |