No. 233. 27 VICTORIA, 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 at the discretion of the court to be imprisoned for any term not exceeding three months or to pay a fine not exceeding twenty pounds. Provided that nothing in this section 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. Stealing valuable securities. 24 & 25 Vict. c. 96 s. 27. Stealing deeds &c. Ib. s. 28. Stealing &c. wills. Ib. s. 29. Other remedies Ib. s. 29. (3.) Larceny of Written Instruments. 91. Whosoever shall steal, or shall for any fraudulent purpose 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 in the same manner as if 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. 92. Whosoever shall steal, or shall for any fraudulent purpose destroy cancel obliterate or conceal the whole or any part of any document of title to lands, shall be guilty of felony; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding five years. 93. Whosoever shall either during the life of the testator or after his death steal, or for any fraudulent purpose destroy cancel 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 at the discretion of the court to be imprisoned for any term not exceeding five years. 94. Nothing in either of the two last preceding sections mennot to be affected. tioned nor any proceeding conviction or judgment to be had or taken thereupon shall prevent lessen or impeach any remedy at law or in equity which any party aggrieved by any such offence as therein mentioned might or would have had if this Act had not been passed : but no conviction of any such offender shall be received in 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 either of the two last preceding sections mentioned by any evidence whatever in respect of any act done by him, if he shall at any time 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. Stealing records. 95. Whosoever shall steal, or shall for any fraudulent purpose take from its place of deposit for the time being or from any person No. 233. having the lawful custody thereof, or shall unlawfully and maliciously 27 VICTORIA, cancel obliterate injure or destroy, the whole or any part of any record writ return panel process bill petition answer interrogatory deposition affidavit rule order decree or warrant of attorney or of any original document whatsoever of or belonging to the Supreme Court or any court of record or relating to any matter or cause civil or criminal 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 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 at the discretion of the court to be imprisoned for any term not exceeding five years. (4.) Larceny of Things attached to or growing on Land. c. 96 s. 31. 96. Whosoever shall steal, or shall rip cut sever or break with Stealing fixtures. intent to steal, any glass or wood-work belonging to any building 24 & 25 Vict. 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 a 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 cemetery, shall be guilty of felony; and being convicted thereof shall be liable to be punished as in the case of simple larceny. &c. in parks. Ib. s. 32. 97. Whosoever shall steal, or shall cut break root up or other- stealing trees wise 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 dwelling-house, shall (in case the value of the article or articles stolen or the amount of the injury done shall exceed the sum of one pound) be guilty of felony; and being convicted thereof shall be liable to be punished as in the case of simple larceny. And 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 elsewhere than in any of the situations in this section before mentioned, shall (in case the value of the article or articles stolen or the amount of the injury done shall exceed the sum of five pounds) be guilty of felony; and being convicted thereof shall be liable to be punished as in the case of simple larceny. &c. elsewhere. Ib. s. 33. 98. Whosoever shall steal, or shall cut break root up or other- Stealing trees wise 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 one shilling at the least, shall on conviction thereof before a justice 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 whosoever having been convicted of any such offence either against this or any former Act shall after 27 VICTORIA, Wards commit any of the said offences in this section before mentioned No. 233. and shall be convicted thereof, in like manner shall for such second Stealing &c. dead wood. Stealing fences. Possession of stolen wood. Ib. s. 35. offence be imprisoned for such term not exceeding twelve months as the convicting justice shall think fit. And whosoever having been twice convicted of any such offence (whether both or either of such convictions shall have taken place before or after the coming into operation of this Act) 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 punished in the same manner as in the case of simple larceny. 99. Whosoever shall steal, or cut break up or otherwise damage or destroy with intent to steal, any dead wood lying on land in the occupation of another person, the stealing of such wood or the injury done being to the amount of one shilling at the least, shall on conviction thereof before a justice forfeit and pay, over and above the value of the wood stolen or the amount of the injury done, such sum of money not exceeding five pounds as to the justice shall seem meet. And whosoever having been convicted of any such offence against this or any former Act shall afterwards commit any of the said offences in this section before mentioned and shall be convicted thereof, in like manner shall for such second offence forfeit and pay over and above the value of the wood stolen or the amount of injury done such sum of money not exceeding ten pounds as to the justice shall seem meet. And whosoever having been twice convicted of any such offence (whether both or either of such convictions shall have taken place before or after the coming into operation of this Act) 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 punished in the same manner as in the case of simple larceny. 100. Whosoever 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 wire or rail set up or used as a fence or any stile or gate or any part thereof respectively, shall on conviction thereof before a justice 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 whosoever having been convicted of any such offence either against this or any former Act shall afterwards commit any of the said offences in this section before mentioned and shall be convicted thereof, in like manner shall be imprisoned for such term not exceeding twelve months as the convicting justice shall think fit. 101. 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 wire rail stile or gate or any part thereof being of the value of one shilling at the least shall be found in the possession of any person or on the premises of any person with his knowledge, and such person being taken or summoned before a justice 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. 24 & 25 Vict. 102. Whosoever shall steal, or shall destroy or damage with 27 VICTORIA, intent to steal, any plant root fruit or vegetable production growing No. 233. in any garden orchard pleasure-ground nursery-ground hot-house stealing fruit &c. green-house or conservatory, shall on conviction thereof before a in garden &c. justice at the discretion of the justice either be imprisoned for any c. 96 s. 36. 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 the injury done such sum of money not exceeding twenty pounds as to the justice shall seem meet. And whosoever having been convicted of any such offence either against this or any former Act 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 punished in the same manner as in the case of simple larceny. tables &c. else 103. Whosoever shall steal, or shall destroy or damage with stealing vegeintent to steal, any cultivated root or plant used for the food of man where. or beast or for medicine or for distilling or for dyeing or for or Ib. s. 37. in the course of any manufacture and growing in any land open or enclosed not being a garden orchard pleasure-ground or nurseryground, shall on conviction thereof before a justice at the discretion of the justice either be imprisoned for any term not exceeding one 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 imprisoned for any term not exceeding one month unless payment be sooner made. And whosoever having been convicted of any such offence either against this or any former Act shall afterwards commit any of the said offences in this section before mentioned and shall be convicted thereof, in like manner shall be imprisoned for such term not exceeding six months as the convicting justice shall think fit. (5.) Larceny from Mines. mines. Ib. s. 38. 104. Whosoever shall steal or sever with intent to steal any stealing from gold) or the ore of any metal or any lapis calaminaris manganese or mundic or any wad black cawke or black lead or any coal or cannel coal from any mine bed or vein thereof respectively or from any claim or from any land comprised in any lease for mining purposes granted or to be granted by or on behalf of the Crown or the Governor or the Governor in Council, 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. 105. Whosoever being employed in or about any mine or claim Fraudulently or any land comprised in any such lease as aforesaid shall take removing ore in remove or conceal any gold or the ore of any metal or any lapis ID. s. 39. (a) Gold may be considered as taken from a vein or bed, within this section, though the gold may be in separate grains, separated by particles of earth, provided it be in its natural position in situ.-Regina v. Davies, 6 W.W. & a'B. (L.), 246; s.c. N.C. 64. mines. (b) To constitute a place where mining operations are carried on a mine, there must be a shaft, or something analogous to a shaft; but the distance of the shaft from the spot where the operations are being actually carried on makes no difference.-Ibid. 27 VICTORIA, Calaminaris manganese mundic or other mineral found or being in No. 233. such mine claim or land, with intent to defraud any proprietor of or any adventurer in such mine claim or land or any workman or miner employed therein, shall be guilty of felony; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years. Penalty for con 106. Whosoever being the holder of any lease issued under cealing royalty. the provisions of any Act relating to the gold fields shall by any fraudulent device or contrivance defraud or attempt to defraud Her Majesty of any gold or money payable or reserved by such lease, or shall with such intent as aforesaid conceal or make a false statement as to the amount of any gold procured by him shall be guilty of a misdemeanor. Punishment of fraud on part ners. Robbery. 24 & 25 Vict. c. 96 s. 40. Assault with intent to rob. Ib. s. 42. Robbery with violence &c. Ib. s. 43. Robbery under arms. Letter demanding money with Ib. 8. 44. menaces. 107. Whosoever with intent to defraud his copartner or coadventurer joint tenant or tenant in common in any claim) or in any share or interest in any claim shall secretly keep back or conceal any gold found in or upon or taken from such claim, shall be deemed to have been guilty of felony; and being convicted of the same shall be liable to be punished in the same manner as in the case of simple larceny. (6.) Larceny from the Person and like Offences. 108. Whosoever shall rob any person or shall steal any chattel money or valuable security from the person of another shall be guilty of felony; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding ten years. 109. Whosoever shall assault any person with intent to rob shall be guilty of felony; and being convicted thereof shall (save and except in the cases where a greater punishment is provided by this Act) be liable at the discretion of the court to be imprisoned for any term not exceeding three years. 110. Whosoever shall rob any person and at the time of or immediately before or immediately after such robbery shall wound any person, shall be guilty of felony; and being convicted thereof shall suffer death. 111. Whosoever shall being armed with any offensive weapon or instrument rob or assault with intent to rob any person, or shall together with one or more other person or persons rob or assault with intent to rob any person, or shall rob any person and at the time of or immediately before or immediately after such robbery shall beat strike or use any other personal violence to any person, shall be guilty of felony; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding fifteen years. 112. Whosoever shall send deliver or utter or directly or indirectly cause to be received knowing the contents thereof any letter or writing demanding of any person with menaces and without any (a) "Claim" does not include leased ground.—Reg. v. Davies, 2 V.R. (L.), 117. |