Imatges de pàgina
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same shall be delivered up as aforesaid, shall by the taking or delivering thereof be exempted from the payment of any damages or penalty for such angling.

beds.

XXXVI. And be it enacted, that if any person shall steal Stealing oysters any oysters or oyster brood from any oyster bed, laying, or or oyster brood fishery, being the property of any other person, and suffi- from oyster ciently marked out or known as such, every such offender shall be deemed guilty of larceny, and, being convicted thereof, shall be punished accordingly; and if any person shall unlawfully and wilfully use any dredge, or any net, Dredging for instrument, or engine whatsoever, within the limits of any oysters within such oyster fishery, for the purpose of taking oysters or oyster brood, although none shall be actually taken, or shall, fishery. with any net, instrument, or engine, drag upon the ground or soil of any such fishery, every such person shall be deemed guilty of a misdemeanor, and, being convicted thereof, shall

the limits of

any oyster

be punished by fine or imprisonment, or both, as the court Punishment. shall award; such fine not to exceed twenty pounds, and such imprisonment not to exceed three calendar months; and it shall be sufficient in any indictment or information to describe, either by name or otherwise, the bed, laying, or fishery in which any of the said offences shall have been committed, without stating the same to be in any particular parish, township, or vill: Provided always, that nothing Proviso. herein contained shall prevent any person from catching or fishing for any floating fish within the limits of any oyster fishery with any net, instrument, or engine adapted for taking floating fish only.

XXXVII. And be it enacted, that if any person shall Stealing from steal, or sever with intent to steal, the ore of any metal, or certain mines. any lapis calaminaris, manganese or mundick, or any wad, black cawke, or black lead, or any coal or canal-coal, from any mine, bed, or vein thereof respectively, every such offender shall be guilty of felony, and, being convicted thereof, Felony. shall be liable to be punished in the same manner as in the case of simple larceny.

tain situations,

XXXVIII. And be it enacted, that if any person shall Stealing trees, steal, or shall cut, break, root up, or otherwise destroy or shrubs, &c. damage with intent to steal, the whole or any part of any growing in certree, sapling, or shrub, or any underwood, respectively shall be felony, growing in any park, pleasure ground, garden, orchard, or if the value avenue, or in any ground adjoining or belonging to any exceeds 1l. 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; and if Stealing trees, any person shall steal, or shall cut, break, root up, or other- shrubs, &c. wise destroy or damage with intent to steal, the whole or any growing elsepart of any tree, sapling, or shrub, or any underwood, felony if the

where, shall be

value exceeds 51.

Stealing trees, shrubs, &c. wheresoever

growing, and of any value above 15. punishable

on summary conviction for first and second

offence; third offence felony.

Stealing, &c. any live or dead fence,

stile, or gate.

respectively growing elsewhere than in any of the situations hereinbefore 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) 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.

XXXIX. And be it enacted, 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 shilling at the least, every such offender, being convicted before a justice 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 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 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 justice shall think fit; and if such second 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 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.

XL. And be it enacted, that if any person shall steal, or shall cut, break, or throw down with intent to steal, any part wooden fence, of any live or dead fence, or any wooden post, pale, or rail set up or used as a fence, or any stile or gate, or any part thereof respectively, every such offender, being convicted before a justice 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 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 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 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.

XLI. And be it enacted, that if the whole or any part of Suspected perany tree, sapling, or shrub, or any underwood, or any part of sons in possesany live or dead fence, or any post, pale, rail, stile, or gate, sion of wood, or any part thereof, being of the value of two shillings at the &c. not satisfactorily acleast, shall, by virtue of a search warrant, to be granted as counting for it. 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 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.

Stealing, &c.

any fruit or vegetable production in a garden, &c. punishable

on summary

XLII. And be it enacted, that if any person shall steal, or shall destroy or damage with intent to steal, any plant, root, fruit, or vegetable production, growing in any garden, orchard, nursery ground, hothouse, greenhouse, or conservatory, every such offender, being convicted thereof before a justice of the peace, shall, at the discretion of the justice, conviction for either be committed to the common gaol or house of cor- first offence; rection, there to be imprisoned only, or to be imprisoned and second offence, kept to hard labour, for any term not exceeding six calendar felony. 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 twenty pounds, 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.

Stealing, &c. vegetable progrowing in gardens, &c.

ductions not

XLIII. And be it enacted, that 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 distilling, or for dyeing, or for or in the course 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 Punishment. 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, 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 so convicted shall afterwards be guilty of any of the said offences,

D D

Stealing glass, wood-work, or

fixtures of any ings, and metal

kind from build

fixtures from grounds, felony.

Tenants and

any property from houses or apartments let to them, felony.

Punishment.

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.

XLIV. And be it enacted, That if any person shall steal, or rip, cut, or break with intent to steal any glass or woodwork belonging to any building whatsoever, or any lead, iron, 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 fixed in any square, street, or other like place, it shall not be necessary to allege the same to be the property of any per

son.

XLV. And for the punishment of depredations committed lodgers stealing by tenants and lodgers, be it enacted, 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.

Clerks and servants stealing property of their masters.

Punishment.

XLVI. And, for the punishment of depredations committed by clerks and servants in cases not punishable capitally, be it enacted, That if any clerk or servant shall steal any chattel, money, or valuable security belonging to or in the possesion or power of his master, every such offender, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for any term not exceeding fourteen years, nor less than seven years, or to be imprisoned for any term not exceeding three 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.

on their master's

XLVII. And, for the punishment of embezzlements com- Clerks or sermitted by clerks and servants be it declared and enacted, vants receiving That if any clerk or servant, or any person employed for any money, &c. the purpose or in the capacity of a clerk or servant, shall, by account, and virtue of such employment, receive or take into his posses- embezzling it, sion any chattel, money, or valuable security, for or in the shall be deemed name or on the account of his master, and shall fraudulent- to have felonily embezzle the same, or any part thereof, every such of- ously stolen it. fender shall be deemed to have feloniously stolen the same from his master, although such chattel, money, or security was not received into the possession of such master 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 the court may award as herein-before last mentioned.

Punishment.

Distinct acts of

XLVIII. And, for preventing the difficulties that have been experienced in the prosecution of the last mentioned offenders, be it enacted, That it shall be lawful to charge in embezzlement the indictment and proceed against the offender for any may be charged number of distinct acts of embezzlement not exceeding three in the same inwhich may have been committed by him against the same dictment. master, 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 As to allegation composed shall not be proved; or if he shall be proved to and proof of the have embezzled any piece of coin or valuable security, or any property emportion of the value thereof, although such piece of coin or bezzled. 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 returned accordingly.

any special pur

XLIX. And, for the punishment of embezzlements com- Agents embezmitted by agents entrusted with property, be it enacted, That zling money enif any money, or security for the payment of money, shall be trusted to them entrusted to any banker, merchant, broker, attorney, or other to be applied to agent, with any direction in writing to apply such money, or pose; any part thereof, or the proceeds 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

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