And whosoever hav

as to the Justice may seem meet. ing been convicted of any such offence, either against this or any former Act or Law, afterwards commits any of the offences in this section before mentioned, is guilty of felony, and shall be liable to be punished in the same manner as in the case of simple larceny.-24-25 Vict., ch. 96, sect. 36, Imp.

As to summary convictions under this Act, see post, s. 123. As to punishment for larceny, see ante, s. 4 and post, s. 122.

The words plant and vegetable production do not apply to young fruit trees.-R. vs. Hodges, M. & M. 341. Stealing trees would fall under sections 21 and 22.

Indictment. The jurors for Our Lady the Queen, upon their oath present, that J. S. on twenty pounds' weight of grapes, the property of J. N., then growing in a certain garden of the said J. N. situate.... unlawfully did steal, take and carry away, against the form of the Statute in such case made and provided: And the jurors. aforesaid, upon their oath aforesaid, do say that, heretofore, and before the committing of the offence hereinbefore mentioned, to wit, on at ...... the said J. S. was duly convicted before J. P., one of Her Majesty's Justices of the peace for the said district of ...... for that he, the said J. S., on (as in the previous con-viction) against the form of the Statute in such case made and provided, and the said J. S. was thereupon then and there adjudged for the said offence to forfeit and pay the sum of twenty dollars, over and above the amount of the article so stolen as aforesaid, and the further sum of six. shillings, being the amount of the said injury; and also. to pay the sum of ten shillings for costs, and in default of immediate payment of the said sums, to be imprisoned in .... for the space of ...... unless the said sum should

be sooner paid, and so the jurors aforesaid, upon their oath aforesaid, do say, that the said J. S., on the day and in the year first aforesaid, the said twenty pounds' weight of grapes, the property of the said J. N., then growing in the said garden of the said J. N. situate. . . . feloniously did steal, take and carry away, against the form of the Statute in such case made and provided.—Archbold, 367. As to indictments for a subsequent offence, see ante under sect. 22.

STEALING VEGETABLE PRODUCTIONS NOT IN GARDENS.

Sect. 27.-Whosoever steals or destroys or damages 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 enclosed, not being a garden, orchard, pleasure ground or nursery ground, shall, on conviction thereof before a Justice of the Peace, either be committed to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, 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 five dollars, as to the Justice seems meet, and in default of payment thereof together with the costs, if ordered, shall be committed as aforesaid 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 or Law, afterwards commits any of the said offences in this section before mentioned, and is convicted thereof in like manner, shall be committed to the common gaol or house of correction, there to be kept to hard labour, for such term not exceeding three months, as the

convicting Justice thinks fit.—24-25 Vict., ch. 96, sect. 37, Imp.

As to summary convictions, under this Act, see post,

sect. 123.

Clover has been held to be a cultivated plant, Reg. vs. Brunsby, 3 C. & K. 315; but it was doubted whether grass were so.--Morris vs. Wise, 2 F. & F. 51.

STEALING FROM MINES, MINERS REMOVING ORE, ETC., ETC.

Sect. 28.-Whosoever steals or severs with intent to steal, the ore of any metal, or any quartz, lapis calaminaris, manganese, or mundick, or any piece of gold, silver or any other metal, or any wad, black cawlke or black lead, or any coal or cannel coal, or any marble, stone or other mineral, from any mine, bed or vein thereof respectively, is guilty of felony, and shall be liable to be imprisoned in any gaol or place of confinement other than a Penitentiary for any term less than two years, with or without hard labour, and with or without solitary confinement; provided that no person shall be held guilty of any offence for having, for the purposes of explanation or scientific investigation, taken any specimen, or specimens, of any ore or mineral from any piece of ground unenclosed and not occupied or worked as a mine, quarry or digging.-24-25 Vict., ch. 96, sect. 38, Imp.

The words in italics and the proviso are not in the English Act.

Sect. 29.-Whosoever being employed in or about any mine, quarry or digging, takes, removes or conceals any ore of any metal, or any quartz, lapis calaminaris, manganese, mundick, or any piece of gold, silver or any other metal, or any mineral found or being in such mine, quarry or digging with intent to defraud any proprietor

of or any adventurer in the same, or any workman or miner employed therein, is guilty of felony, and shall be liable to be imprisoned in any gaol or place of confinement other than a Penitentiary for any term less than two years, with or without hard labour, and with or without solitary confinement.-24-25 Vict., ch. 96, sect. 39, Imp.

The words in italics are not in the English Act.

As to solitary confinement, see sect. 94, of the Procedure Act of 1869.

As to recognizances and sureties for keeping the peace in felonies under this Act, see post, sect. 122.

R. vs. Webb, 1 Mood. 421; Reg. vs. Holloway, 1 Den. 370; Reg. vs. Poole, Dears. & B. 315, would now fall under sect. 29. It must be alleged and proved that the ore was stolen from the mine.-Reg. vs. Trevenner, 2 M. & Rob. 476.

Indictment under sect. 28.-.... twenty pounds weight of copper ore, the property of J. N., from a certain mine of copper ore of the said J. N., situate.... feloniously did steal, take and carry away, against the form Archbold, 360.

..... being then

Indictment under sect. 29.—. ... at and there employed in a certain copper mine there situate, called .... the property of . . . . feloniously did take (or remove or conceal) fifty pounds weight of copper ore found in the said mine with intent thereby then to defraud the said ... ... 3 Burn's Just. 313.

See post, sect. 35, as to possession of gold or silver being primâ facie evidence of larceny of it, in certain

cases.

PENALTY FOR CONCEALING ROYALTY, SELLING OR PURCHASING GOLD, ETC., ETC.,

Sect. 30.-Whosoever being the holder of any lease or

license issued under the provisions of any Act relating to gold or silver mining, or by any private parties owning land supposed to contain any gold or silver, by any fraudulent device or contrivance, defrauds or attempts to defraud Her Majesty or any private party of any gold, silver or money payable or reserved by such lease, or with such intent as aforesaid, conceals or makes a false statement as to the amount of gold or silver procured by him, is guilty of a misdemeanor, and shall be liable to be imprisoned in any gaol or place of confinement other than a Penitentiary for any term less than two years, with or without hard labour, and with or without solitary confinement.

Sect. 31.-Whosoever, not being the owner or agent of mining claims then being worked, and not being thereunto authorized, in writing, by the commissioner or deputy commissioner of mines, in any district, or by the officer for the division in any gold mining division, or by any inspector or other proper officer in that behalf, named in any Act relating to mines in force in any Province of Canada, sells or purchases, except to or from such owner or authorized person, any quartz containing gold, or any smelted gold or silver, at or within three miles of any gold district, or mining district, or gold mining division, is guilty of a misdemeanor, and shall be liable to be imprisoned in any gaol or place of confinement other than a Penitentiary for any term less than two years, with or without hard labour, and with or without solitary confinement.

Sect. 32.-Whosoever purchases any gold in quartz, or any unsmelted or smelted gold or silver, or otherwise unmanufactured gold or silver of the value of one dollar or upwards, except from such owner or authorized person as in the last preceding section mentioned, and does not