Summary of the Criminal Law

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 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 £1,) 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 £5,) 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.

(As to the punishment of simple larceny, vide sup. 168.) The provisions of sect. 61, as to accessaries before and after the fact; and sect. 4, as to the place and mode of imprisonment (vide sup. 168,) apply to this offence.

By sect. 39 of the same act," 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 1s. at the least," every such offender, being convicted before a justice of the peace, shall, for the first offence, forfeit, besides the value of the thing stolen or injury done, a sum not exceeding £5. And for a second offence shall be liable to imprisonment with hard labour, and (upon conviction before two justices) to whipping; and for every subsequent offence shall be guilty of felony and liable to be punished as in the case of simple larceny. (As to which, vide sup. 168.)

The provisions of sect. 61 and 4 (vide sup. 168,) apply where any of these offences amount to felony.

28. Stealing Fences, Stiles, Gates, &c.

By 7 & 8 Geo. IV. c. 29, s. 40, "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 "or gate, or any part thereof respectively," every such offender, being convicted before a justice of the peace, shall for the first offence forfeit, besides the value of the thing stolen or injury done, a sum not exceeding £5, and for every subsequent offence shall be liable to imprisonment with hard labour, and in case of conviction before two justices, to whipping besides.

29. Being found in possession of Trees, Fences, &c.

without satisfactorily accounting for the same.

By 7 & 8 Geo. IV. c. 29, s. 41, if the article so found is of the value of two shillings at the least, the offender is liable, on conviction before a justice of the peace, to a pecuniary penalty.

30. Stealing Plants, Fruits, &c.

By 7 & 8 Geo. IV. c. 29, s. 42, "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, hot-house, green"house, or conservatory," every such offender, being convicted before a justice of the peace, is, for the first offence, liable to imprisonment with or without hard labour, or, at discretion of the justice, to a penalty not exceeding £20, besides the value of the thing stolen or injury done; and in case of a subsequent conviction, he is guilty of felony, and liable to the punishment of simple larceny. (As to the punishment of simple larceny, vide sup. 168.)

By sect. 43, "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 dying, or for or in the course of any manufacture, and growing in any land, open or in"closed, not being a garden, orchard or nursery-ground," every such offender, being convicted before a justice of the peace, is, for the first offence, liable to imprisonment with or without hard labour, or, at discretion of the justice, to a pecuniary penalty, and in case of a subsequent conviction, to longer imprisonment with hard labour, and in case of conviction before two justices, to whipping.

The provisions of sect. 61, as to accessaries before and after the fact; and sect. 4, as to the place and mode of imprisonment (vide sup. 168,) apply where any of these offences amount to felony.

31. Stealing Fixtures.

By 7 & 8 Geo. IV. c. 29, s. 44, “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 mate"rial, respectively fixed in or to any building whatsoever, "or any thing made of metal fixed in any land being pri"vate 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. (As to which, vide sup., p. 168.) The provisions of sect. 61 and 4 (vide sup.) apply.

32. Depredations by Tenants and Lodgers.

By 7 & 8 Geo. IV. c. 29, s. 45, "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. (As to which, vide sup. 168.)

The provisions of sect. 61 and 4 (vide sup. 168,) apply.

33. Stealing by Clerks and Servants.

By 7 & 8 Geo. IV. c. 29, s. 46, "if any clerk or servant "shall steal any chattel, money or valuable security" (see "valuable security" defined, sup. p. 168) " belonging to or "in the possession 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.

The provisions of sect. 4, as to the place and mode of imprisonment (vide sup. 168,) apply to this offence.

34. Embezzlement by Clerks and Servants.

By 7 & 8 Geo. IV. c. 29, s. 47, "if any clerk or servant,

or any person employed for the purpose or in the capa"city of a clerk or servant, shall by virtue of such employ"ment receive or take into his possession any chattel, "money, or valuable security," (see "valuable security" defined, sup. p. 168,) "for or in the name or on the "account of his master, 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, 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 court may award as hereinbefore last mentioned, viz. 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.

The provisions of sect. 61, as to accessaries before and after the fact, and sect. 4, as to the place and mode of imprisonment, apply to this offence.

35. Embezzlement by Agents.

By 7 & 8 Geo. IV. c. 29, s. 49, "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 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 any wise 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 misdemeanor, and 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 suffer such other punishment by fine or imprisonment, or by both, as the court shall award.

"And if any chattel or valuable security," (see "valu"able security" defined, sup. p. 168), "or any power of

attorney for the sale or transfer of any share or interest "in any public stock or fund, whether of this kingdom of "Great Britain or of Ireland, or of any foreign state, 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, negotiate, "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

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