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or valuable security belonging to or in the possession or power of Her Majesty, or intrusted to the offender or received or taken into possession by him in virtue of his employment.

ARTICLE 326.

THEFTS PUNISHABLE WITH PENAL SERVITUDE FOR SEVEN

YEARS.

1

Every one commits felony, and is liable upon conviction thereof to seven years penal servitude, as a maximum punishment, who steals any chattel or fixture of the value of more than £5, let to be used by him or her in or with any house or lodging, whether the contract was entered into by the offender or his wife, or her husband, or by any person on his or her, or on her husband's, behalf.

If the value of the thing stolen do not exceed £5, the offender is liable to a maximum punishment of two years imprisonment and hard labour.

ARTICLE 327.

THEFTS PUNISHABLE WITH PENAL SERVITUDE FOR FIVE

YEARS.

Every one commits felony, and is liable upon conviction thereof to a maximum punishment of five years penal servitude, who does any of the following things (that is to say):

(a.) 2 who steals or for any fraudulent purpose destroys, cancels, obliterates, or conceals the whole or any part of any 3 document of title to lands; or

4

(b.) who steals or for any fraudulent purpose takes from its place of deposit for the time being, or from any person

124 & 25 Vict. c. 96, s. 74, S. W.

2 Ibid. s. 28.

3 The term "document of title to lands" includes any deed, map, paper, or parchment written or printed, or partly written and partly printed, being or containing evidence of the title, or any part of the title, to any real estate, or to any interest in or out of any real estate (24 & 25 Vict. c. 96, s. 1).

4 24 & 25 Vict. c. 96, s. 3^, S.

having the lawful custody thereof, or unlawfully and maliciously cancels, obliterates, injures, or destroys the whole or any part of any of the judicial or official documents mentioned below; 2 or

(c.) 3 who steals, rips, cuts, severs, or breaks, with intent to steal, any glass or woodwork belonging to any building whatsoever, or any metal, or any utensil or fixture of whatever material, 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 or street, or in any place dedicated to public use or ornament, or

in

any burial ground; or

(d.) 5 who steals, or cuts, breaks, roots up, or otherwise destroys or damages with intent to steal the whole or any part of any tree, sapling, or shrub, or any underwood, if the value of the article or articles stolen, or the amount of the

1 Taking a warrant of execution from a county court bailiff, under the impression that his authority depends on its possession, is "a taking for a fraudulent purpose," but is not stealing under this section: R. v. Bailey, L. R. 1 C. C. R. 347.

2 Any record, writ, return, panel, process, interrogatory, deposition, affidavit, rule, order, or warrant of attorney. Any original document whatsoever belonging to any Court of record, or relating to any matter civil or criminal begun, depending, or terminated in any such Court. Any bili, petition, answer, interrogatory, deposition, affidavit, order or decree, or 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. Any original document in anywise relating to the business of any office or employment under Her Majesty, and being or remaining in any office appertaining to any Court of Justice, or in any of Her Majesty's castles, palaces or houses, or in any government or public office.

324 & 25 Vict. c. 96, s. 31, S. W. as in case of simple larceny. The words "burial ground" were added to do away with a doubt expressed by Baron Bramwell (R. v. Jones, D. & B. 558) as to whether a churchyard was a "public place" within 7 & 8 Geo. 4, c. 29, s. 44. The other judges did not share this doubt. The present enactment does not absolutely remove it, as there are many churchyards which are not burial grounds. However, the case of R. v. Jones distinctly decided the point.

"Lead, iron, copper, brass, or other metal."

524 & 25 Vict. c. 96, s. 32, S. W. The section is re-arranged for the sake of brevity, and the word "grow" substituted for "grows" to meet the grammar. The change also represents the sense, for it has been held that in estimating the damage done the value of several trees injured at the same time may be put together: R. v. Shepherd, L. R. 1 C. C. R. 118.

injury done exceeds £5, or exceeds the value of £1, if the article or articles stolen or damaged grow in any park, pleasure ground, garden, orchard, or avenue, or in ground adjoining or belonging to any dwelling-house; or

(e.) who steals any oysters or oyster brood from any oyster bed, laying, or fishery, being the property of any other person, and sufficiently marked out and known as such, (f) who maliciously or fraudulently abstracts, causes to be wasted or diverted, consumes or uses any electricity.

2

3 Every one who commits any of the offences specified in clauses (c.), (d.), or (e.), after being previously convicted of any misdemeanor indictable under 24 & 25 Vict. c. 96, or after two previous summary convictions under 24 & 25 Vict. c. 96, or c. 97, or any Act mentioned in note (2) to Article 321, is liable to a maximum punishment of seven years penal servitude.

ARTICLE 327A.

THEFT PUNISHABLE WITH TWO YEARS IMPRISONMENT.

4Every one commits felony and is liable on conviction thereof to two years hard labour as a maximum punishment who steals or severs with intent to steal the ore of any metal or any lapis calaminaris, manganese, or mundick, or any wad, black cawke, or black lead, or any coal or cannel coal from any mine, bed, or vein thereof respectively.

1 24 & 25 Vict. c. 96, s. 26, S.

245 & 46 Vict. c. 56, s. 23, declares that every such person shall be "guilty of simple larceny and punishable accordingly." Electricity" is defined in s. 32 as meaning "Electricity, electric current or any like agency." Probably the latter applies only to electricity used commercially. It would hardly apply to a person who in order to spoil a philosophical experiment maliciously caused electricity to be wasted.

324 & 25 Vict. c. 96, s. 8, S. W., makes this provision as to all offences punishable under the Act as simple larceny. The offences in question are created by ss. 26, 31, 32, 33, 36. The case of a conviction of one of these offences after a previous conviction for felony is provided for, I suppose, by 7 & 8 Geo. 4, c. 28, s. 11. See Article 19, ante.

4 24 & 25 Vict. c. 96, s. 38, S.

ARTICLE 328.

SUNDRY OFFENCES RESEMBLING THEFT-PUNISHED BY VARIOUS TERMS OF IMPRISONMENT, ETC.

Every one who does any of the following things is liable to the consequences stated in the schedule in the note hereto as a maximum punishment (that is to say):

1

(a.) 1 who steals any dog; or

2

(b.) who unlawfully has in his possession, or on his premises, any stolen dog, or the skin of any stolen dog, knowing such dog to have been stolen, or such skin to be the skin of a stolen dog; or

(c.) 3 who corruptly takes any money or reward, directly or indirectly, under pretence or upon account of aiding any person to recover any stolen dog, or any dog in the possession of any person not its owner; or

(d.) who steals, or wilfully kills with intent to steal the same, or any part thereof, any bird, beast, or other animal ordinarily kept in a state of confinement, or for any domestic purpose, not being the subject of larceny at common law; or

(e.) 5 who has in his possession, or on his premises any

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Second offence. Misdemeanor. Eight- Indictment.
een months imprisonment and hard

labour.

124 & 25 Vict. c. 96, s. 18.

2 Ibid. s. 19.

3 Ibid. s. 20.

4 Ibid. s. 21.

5 Ibid. s. 22.

such bird, or the plumage thereof, any such animal or the skin, or any part thereof, as is mentioned in the last clause, knowing that the same has been stolen, or was part of a stolen bird or animal; or

(f) who unlawfully and wilfully kills, wounds, or takes any house-dove or pigeon under such circumstances as do not amount to larceny at common law; or

(g.) who unlawfully and wilfully uses 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 unlawfully and wilfully drags upon the ground or soil of any such fishery, with any net, instrument, or engine; or

(h.) 3 who steals, or cuts, breaks, roots up, or otherwise destroys, or damages, with intent to steal the whole or any part of any tree, sapling, or shrub, or any underwood, the

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