The Criminal Law Consolidation Act.-1876. PART IV. previous conviction 139. Whosoever shall commit the offence of simple larceny, or any offence hereby made punishable like simple larceny, after having Larceny after a been previously convicted of any indictable misdemeanor punishable for misdemeanor. under this part of this Act, shall be liable to be imprisoned for any 24 and 25 Vic., c. 96, term not exceeding seven years, with hard labor. Larceny of Cattle and other Animals : 3. 8. &c. 140. Whosoever shall steal any horse, mare, gelding, colt, filly, Stealing horses, cattle. mule, or ass; or any bull, cow, ox, heifer, or calf; or any ram, ewe, sheep, or lamb; or any camel, llama, alpaca, goat, or pig 24 and 25 Vic., c. 96, shall be guilty of felony, and being convicted thereof, shall be liable . 10. to be imprisoned for any term not exceeding eight years, with hard labor. 141. Whosoever shall wilfully kill any animal, with intent to steal the carcase, skin, or any other part of the animal so killed, shall be guilty of felony, and being convicted thereof shall be liable to be imprisoned for any term not exceeding eight years, with hard labor. or 142. Whosoever shall unlawfully and wilfully snare or carry away, Stealing deer, &c., in kill or wound, or attempt to kill or wound, any deer, llama, inclosed land. or alpaca, kept, or being in any inclosed land wherein such 24 & 25 Vic., c. 96, s. animals shall be usually kept, shall be guilty of felony, and being 13. convicted thereof shall be liable to be imprisoned for any term not exceeding eight years, with hard labor. 143. Whosoever shall steal any dog, or shall unlawfully have in Stealing dogs, &c. his possession or on his premises any stolen dog, or the skin of any stolen dog, knowing such dog or the skin thereof to have been stolen, 18. shall, on conviction thereof, before any Special Magistrate, or two 24 & 25 Vic., c. 96, ■. Justices of the Peace, either be committed to prison and kept to hard labor for any term not exceeding six months, or shall forfeit and pay over and above the value of the said dog, such sum of money not exceeding Twenty Pounds, as to the said Special Magistrate or Justices shall seem meet; and whosoever, having been convicted of such Second offence. afterwards be guilty of any such offences as in this clause before mentioned, shall be guilty of a misdemeanor, and being convicted thereof shall be liable to he imprisoned for any term not exceeding eighteen months, with hard labor. shall store stolen animals. 144. Whosoever shall corruptly take any money or reward, directly Taking reward to reor indirectly, under pretence or upon account of aiding any person to recover any animal which shall have been stolen, or which shall be in the possession of any person not being the owner 24 and 25 Vic., c. 96, thereof, shall be guilty of a misdemeanor, and being convicted $. 20. thereof shall be liable to be imprisoned for any term not exceeding eighteen months, with hard labor. 145. Whosoever PART IV. Stealing birds, beasts, or fish, ordinarily kept in confinement, and not the subjects of larceny. The Criminal Law Consolidation Act.-1876. 145. Whosoever shall steal any bird, beast, or other animal, or any fish ordinarily kept in a state of confinement or for any domestic purpose, not being the subject of larceny at common law, or shall wilfully kill any such bird, beast, animal, or fish, with intent to steal the same or any part thereof, shall, on conviction thereof before a Special Magistrate or two Justices of the Peace, either be committed to prison, with or without hard labor, for any term not 24 and 25 Vic., c. 96, exceeding six months, or else shall forfeit and pay, over and above the value of such bird, beast, or other animal, or fish, such sum of money not exceeding Twenty Pounds, as to such Special Magistrate or Justices shall seem meet; and whosoever having been convicted of any such offence shall afterwards be convicted of any offence in this clause before-mentioned, shall be liable to be imprisoned and kept to hard labor for any term not exceeding twelve months, as the convicting Special Magistrate or Justices shall think fit. s. 1. Second offence. Persons found in possession of stolen birds, &c., liable to penalties. 146. If any such stolen bird, beast, fish, or other animal, or any part thereof, shall be found in the possession or on the premises of any person, any Special Magistrate or two Justices of the Peace may restore the same respectively to the owner thereof; and any person in whose possession or on whose premises such bird, beast, 24 and 25 Vic., c. 96, or fish,or other animal, or any part thereof, shall be so found, knowing s. 22. Killing pigeons. the same to be stolen, shall, on conviction, be liable for the first offence to such forfeiture, and for every subsequent offence to such punishment, as any person convicted of stealing any bird, beast, or fish, is made liable to by the last preceding section. 147. Whosoever shall unlawfully and wilfully kill, wound, or take any house dove or pigeon under such circumstances as shall not 24 and 25 Vic., c. 96, amount to larceny at common law, shall, on conviction before a Justice of the Peace, forfeit and pay, over and above the value of the bird, any sum not exceeding Two Pounds. 8. 23. Stealing or dredging for oysters in oyster fisheries. 24 and 25 Vic., c. 96, 8. 26. Information. 148. Whosoever shall steal any oysters, or oyster brood, from any oyster bed, laying, or fishery, named in any licence as is mentioned in "The Oyster Fishery Act, 1873," of this Province, being the property of any other person, and sufficiently marked out or known as such, shall be guilty of felony, and being convicted thereof, shall be liable to be imprisoned, with hard labor, for two years or any less term; and whosoever shall unlawfully and wiifully use any dredge, or any net, instrument, or engine whatsoever, within the limits of any oyster bed, laying, or fishery, being the property of any other person, and sufficiently marked out or known as such, for the purpose of taking oysters or oyster brood, although none shall be actually taken, or shall unlawfully and wilfully, with any net, instrument, or engine, drag upon the ground or soil of any such fishery, shall be guilty of a misdemeanor, and being convicted thereof, shall be liable to be imprisoned for any term not exceeding three months, with or without hard labor, and it shall be sufficient in any information to describe, either by name or otherwise, the bed, laying, or fishery, in which any of the said offences shall have been The Criminal Law Consolidation Act.-1876. been committed, without stating the same to be in any particular PART IV. locality: Provided, that nothing in this section contained shall Proviso as to floating prevent any person from catching or fishing for any floating fish fish. within the limits of any oyster fishery with any net, instrument, or engine adapted for taking floating fish only. As to Larceny of Written Instruments: 8. 27. 149. Whosoever shall steal, or shall for any fraudulent purpose Bonds, bills, notes, &c. destroy, cancel, or obliterate, the whole or any part of any valuable security, other than a document of title to lands, shall be guilty of felony, of the same nature and in the same degree, and punishable 24 and 25 Vic., c. 96, in the same manner, as it he had stolen any chattel of like value, with the share, interest, or deposit to which the security so stolen may relate, or with the money due on the security so stolen, or secured thereby, and remaining unsatisfied, or with the value of the goods or other valuable thing represented, mentioned, or referred to in or by the security. 150. Whosoever shall steal, or shall for any fraudulent purpose Deeds, &c., relating to destroy, cancel, obliterate, or conceal the whole or any part of any real property. document of title to lands shall be guilty of felony, and being con 28. victed thereof shall be liable to be imprisoned for any term 24 & 25 Vic., c. 96. not exceeding four years, with hard labor; and in every information for any such offence relating to any document of title to lands, it shall be sufficient to allege such document to be or to Form of information. contain evidence of the title or of part of the title of the person or Some one of the persons having an interest, whether vested or contingent, legal or equitable, in the real estate to which the same relates, and to mention such real estate or some part thereof. 151. Whosoever shall, either during the life of the testator or Wills or codicils. after his death, steal, or for a fraudulent purpose obliterate, or conceal, the whole or any part of any will, codicil, or other testamentary instrument, whether the same shall relate to real or personal estate, or to both, shall be guilty of felony, and being convicted thereof shall be liable to be imprisoned for any not exceeding four years, with hard labor, and it shall term not be necessary in 8. 29. allege any information for such offence to 24 & 25 Vic., c. 96, that such will, codicil, or other instrument is the property of any person : Provided that nothing in this or the last preceding section mentioned, nor any proceeding, conviction, or judgment, to be had or taken thereupon, shall prevent, lessen, or impeach any remedy at law or equity which any party aggrieved by any such offence might or would have had if this Act had not been but no conviction of any such offender shall be received in passed evidence in any action at law or suit in equity against him; and no person shall be liable to be convicted of any of the felonies in this other remedies not and the last preceding section mentioned, by any evidence whatso- affected. ever, in respect of any act done by him, if he shall at any time previously PART IV. Stealing records, or other legal documents. Same, s. 30. The Criminal Law Consolidation Act.-1876. previously to his being charged with such offence have first disclosed such act on oath, in consequence of any compulsory process of any Court of Law or Equity, in any action, suit, or proceeding which shall have been bona fide instituted by any party aggrieved, or if he shall have first disclosed the same in any compulsory examination or deposition before any Court upon the hearing of any matter in insolvency. 152. Whosoever shall steal, or shall for any fraudulent purpose take from its place of deposit for the time being, or from any person having the lawful custody thereof, or shall unlawfully and maliciously cancel, obliterate, injure, or destroy the whole or any part of any record, writ, return, panel, process, interrogatory, deposition, affidavit, rule, order, or warrant of attorney, or of any original document whatsoever of or belonging to any Court of Record, or relating to any matter, civil or criminal, begun, depending, or terminated in any such Court, or of any bill, petition, answer, interrogatory, deposiForm of information. tion, affidavit, order, or decree, or of any original document whatsoever of or belonging to any Court of Equity, or relating to any cause or matter begun, depending, or terminated in any such Court or of any original document, in anywise relating to the business of any office or employment under Her Majesty, or any public or Government business, and being or remaining in any office appertaining to any Court of Justice, or in any Government or public office, shall be guilty of felony, and, being convicted thereof, shall be liable to be imprisoned for any term not exceeding three years, with hard labor; and it shall not in any information for such offence be necessary to allege the article in respect of which the offence is committed is the property of any person. Glass, wood, metal, &c., fixed to houses and land. 24 & 25 Vic., c. 96, 8.31. Trees, &c., in pleasure grounds. 24 & 25 Vic. c. 96, 8. 32. Larceny of things Attached to or Growing on Land: 153. Whosoever shall steal, or shall rip, cut, sever, 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, or of both, 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, or garden, or in any square or street, or in any place dedicated to public use or ornament, or in any burial ground or cemetery, shall be guilty of felony, and being convicted thereof shall be liable to be punished as in the case of simple larceny; and in 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. 154. 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 any pleasure ground, garden, or other enclosed land, shall (in case the value of the article stolen or the amount of injury done shall The Criminal Law Consolidation Act.-1876. shall exceed the sum of one shilling), be guilty of felony, and being convicted thereof, shall be liable to be punished, as in the case of simple larceny. PART IV. 155. Whosoever shall steal, or shall cut, break, root up, or other- Trees, &c., elsewhere. wise destroy or damage with intent to steal, the whole or any part of any tree, sapling, or shrub, or any underwood, wheresoever the s. 33. same may be respectively growing, the stealing of such article or 24 & 25 Vic., c. 96, articles, or the injury done, being to the value of one shilling at least, shall, on conviction thereof before a Special Magistrate or two Justices of the Peace, forfeit and pay over and above the value of the article or articles stolen, or injury done, such sum of money not exceeding Five Pounds as to the said Special Magistrate or Justices shall seem meet; and whosover, having Offences after a pre been convicted of any offence either against this or any former vious conviction. Act of Parliament, shall afterwards commit any offence in this section mentioned, and shall be convicted thereof, shall be committed and kept to hard labor for any term not exceeding twelve months as the convicting Special Magistrate or Justices shall think fit; and whosoever having been twice convicted of any such offence 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 imprisoned for any term not exceeding two years, with hard labor. 156. s. 34. Whosoever shall steal, or shall cut, break, or throw down Fences, gates, &c. with intent to steal, any part of any live or dead fence, or any 24 and 25 Vic., c. 96, wooden post, pale, wire, or rail, set up or used as a fence, or any stile or gate, or any part thereof respectively, shall be guilty of felony, and being convicted thereof shall be liable to be imprisoned for any term not exceeding two years, with hard labor. intent 157. Whosoever shall steal, or shall destroy or damage with Plants, &c., in garto steal, any plant, root, fruit, or vegetable production, dens, &c. growing in any garden, orchard, pleasure ground, nursery ground, 24 and 25 Vic., c. 96 used for the food of man or beast, or for medicine, or for distilling, before a committed to prison and kept to hard labour for any term not exceeding six months, or else shall forfeit and pay, over and above the value of the article or articles so stolen, or the amount of injury done, such sum of money not exceeding Twenty Pounds, as to the Special Magistrates or Justices shall seem meet; and whosoever Second offence. having been so convicted 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 imprisoned for any term not exceeding two years, with hard labor. Larceny from Mines or Mineral Lands: 158. Whosoever shall steal, or sever with intent to steal, any gold Ore, metal, &c. |