male, to be once, twice, or thrice publicly or privately whipped, 9 G. 4, c. 55. (if the court shall so think fit,) in addition to such imprison ment. demeanor, 22. That if any person shall, either during the life or after Stealing of the death of any testator or testatrix, steal, or shall for any frau- wills, a misdulent purpose destroy or conceal, any will or codicil, or other punishable by testamentary instrument, whether the same shall relate to real transportation, &c. or personal estate, or to both, 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 the term of seven years, or to suffer such other punishment, by fine or imprisonment, or both, as the court shall award; and it shall not be necessary to allege in any indictment, or to prove on any trial for such offence, that such will or codicil, or other instrument, is the property of any person, or that the same is of any value, nor shall it be a subject of inquiry at such trial whether the same is or is not of any intrinsic value. 23. That if any person shall steal any paper or parch- Stealing of ment, written or printed, or partly written and partly printed, lating to real writings rebeing or containing evidence of the title, or of any part of the estate. title to any real estate, every such offender shall be deemed guilty of a misdemeanor, and being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to suffer such other punishment, by fine or imprisonment, or both, as the court shall award; and in any indictment for such offence, it shall be sufficient to allege the thing charged to have been stolen to be or to contain evidence of the title or of part of the title of the person, or of some one of the persons, having an interest, whether vested, contingent, legal, or equitable, in the real estate to which the same relates, and to mention such real estate or some part thereof; and it shall not be necessary to allege or prove the thing charged to have been stolen to be of any value, nor shall it be inquired into at the trial what the value thereof is, or whether the same is or is not of any intrinsic value. Provisions as to wills, &c. shall not lessen any other remedy. 24. Provided always, and be it enacted, that nothing in this act contained, relating to either of the misdemeanors last aforesaid, 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 might or would have had if this act had not been passed; but nevertheless, the conviction of any such offender shall not Conviction be received in evidence in any action at law or suit in equity evidence in against such offender. Provided also, that no person shall be actions liable to be convicted of either of the misdemeanors last afore- offender. said, in respect of any act done by him, by any evidence dis- Offender shall closed by him in consequence of any compulsory process of any not be concourt of law or equity, in any action, suit, or proceeding which victed by evishall have been bonâ fide instituted by any party aggrieved, or by closed by shall not be against dence dis himself. punishment as the stealers. 9 G. 4, c. 55. the same respectively to the owner thereof, and the person in whose possession or on whose premises the same shall be so found (such person knowing that the dog, beast, or bird has been stolen, or that the skin is the skin of a stolen dog or beast, or that the plumage is the plumage of a stolen bird,) shall, on conviction before two justices of the peace, be liable for the first offence to such forfeiture, and, for every such subsequent offence, to such punishment, as persons convicted of stealing any dog, beast, or bird, are herein-before made liable to. Stealing ore, &c. from mines, felony, 30. That if any person shall steal, or sever with intent to steal, the ore of any metal, or any lapis calaminaris, manganese, punishable as or mundick, or any wad, black cawke, or black lead, or any coal larceny. or cannel coal, from any mine, bed, or vein thereof respectively, 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. Stealing or elsewhere felony, punishable as larceny. 31. That 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 in any park, pleasure ground, garden, orchard, or avenue, or in any ground adjoining or belonging to exceeding 51., 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 one pound,) 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 five pounds) 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. Stealing tree, &c. whereso.❤ of the value able on sum and second offence imprisonment; 32. That if any person shall steal, or shall cut, break, root ever growing, up, or otherwise destroy or damage, with intent to steal, the whole or any part of any tree, sapling, or shrub, or any underof is. punish- wood, wheresoever the same may be respectively growing, the mary convic. stealing of such article or articles, or the injury done, being to tion; for first the amount of one shilling at the least, every such offender, beoffence 52., ing convicted before two justices of the peace, shall, for the first offence, forfeit and pay the value of the article or articles stolen, or the amount of the injury done, and also such sum of money, not exceeding five pounds, as to the justices shall seem meet; and if any person so convicted shall afterwards be guilty of any of the said offences, and shall be convicted thereof in like manner, every such offender shall, for such second offence, be com. mitted to the common gaol or house of correction, there to be kept to hard labour, for such term, not exceeding twelve calendar third offence, felony, punishable as larceny. months, as the convicting justices shall think fit; and if any person so twice convicted shall afterwards commit any of the said offences, such offender shall be deemed guilty of felony, and, being convicted thereof, shall be liable to be punished in the same manner as in the case of simple larceny. 33. That 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, orrail, set up or used as a fence, or any stile or gate, or any part thereof respectively, every such offender, being convicted before two justices of the peace, shall, for the first offence, forfeit and pay the value of the article or articles so stolen, or the amount of the injury done, and also such sum of money, not exceeding five pounds, as to the justices shall seem meet; and if any person so convicted shall afterwards be guilty of any of the said offences, and shall be convicted thereof in like manner, every such offender shall be committed to the common gaol or house of correction, there to be kept to hard labour for such term, not exceeding twelve calendar months, as the convicting justices shall think fit. 34. That 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, rail, stile, or gate, or any part thereof, being of the value of two shillings at the least, shall, by virtue of a search warrant, to be granted as herein-after mentioned, be found in the possession of any person, or on the premises of any person with his knowledge, and such person, being carried before a justice or justices of the peace, shall not satisfy the justice or jnstices that he came lawfully by the same, he shall, on conviction by the justice or justices, forfeit and pay the value of the article or articles so found, and also any sum not exceeding two pounds. 35. That 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, hothouse, greenhouse, or conservatory, every such offender, being convicted thereof before a justice or justices of the peace, shall, at the discretion of the justice or justices, 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 six calendar months, or else shall forfeit and pay the value of the article or articles so stolen, or the amount of the injury done, and also such sum of money, not exceeding twenty pounds, as to the justice or justices shall seem meet; and if any person so convicted shall afterwards commit any of the said offences, such offender shall be deemed guilty of felony, and being convicted thereof, shall be liable to be punished in the same manner as in the case of simple larceny. 36. That 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 dyeing, 9 G. 4, c. 55. first offence, ment, &c. or for or in the course of any manufacture, and growing in any land, open or inclosed, not being a garden, orchard, or nursery gardens, &c.; ground, every such offender, being convicted before two justices of the peace, shall, at the discretion of the justices, 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, &c. imprison- for any term not exceeding one calendar month, or else shall forfeit and pay the value of the article or articles so stolen, or the amount of the injury done, and also such sum of money, not exceeding twenty shillings, as to the justices shall seem meet, and in default of payment thereof, together with the costs (if ordered,) shall be committed as aforesaid, for any term not exceeding one calendar month, unless payment be sooner made; and if any person so convicted shall afterwards be guilty of any of the said offences, and shall be convicted thereof in like man.. ner, every such offender shall be committed to the common gaol or house of correction, there to be kept to hard labour for such term, not exceeding six calendar months, as the convicting justices shall think fit. Stealing glass or wood work, or fixtures of any kind, from build ings, and me tal fixtures from grounds, felony, punishable as larceny. Tenants and lodgers stealing any property from houses or apartments let to them, felony, punishable as larceny. Form of indictment. 37. That if any person shall steal, or rip, cut, or break, with intent to steal, any glass or wood work 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, respectively fixed in or to any building whatsoever, or any thing 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, 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; and in case of any such thing fixed in any square, street, or other like place, it shall not be necessary to allege the same to be the property of any person: provided always, that nothing herein contained shall be construed to affect any enactment or law for the punishment of persons guilty of stealing any such property belonging to or vested in any commissioners or other persons, under any act for paving, cleansing, lighting, or improving any city, town, or place in Ireland. 38. And for the punishment of depredations committed by tenants and lodgers, be it enacted, that 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 ; and it shall be lawful, in every such case of stealing any chattel, to prefer an indictment in the common form, as for larceny, and in every such case of stealing any fixture, to prefer an indictment in the same form as if the offender were not a tenant or lodger, and in either case to lay the property in the owner, or the per- 9 G. 4,c. 55. son letting to hire. stealing property of their masters, transportasonment. tion or impri 39. And for the punishment of depredations not punishable Clerks and capitally, committed by clerks and servants, and such other servants (not punishable persons as herein-after mentioned, be it enacted, that if any clerk capitally) or servant shall steal any chattel, money, or valuable security, belonging to, or in the possession or power of his master or employer, 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 time 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 imprisoninent. stolen procuting thief or receiver to shall have restitution of perty, prose conviction, his property. 50. And to encourage the prosecution of offenders, be it en- The owner of acted, that if any person guilty of any such felony or misdemeanor as aforesaid, in stealing, taking, obtaining, or converting, or in knowingly receiving, any chattel, money, valuable security, or other property whatsoever, shall be indicted for any offence by or on the behalf of the owner of the property, or his executor or administrator, and convicted thereof, in such case the property shall be restored to the owner or his representative; and the court, before whom any such person shall be so convicted, shall have power to award, from time to time, writs of restitution for the same property, or to order the restitution thereof in a Summary manner: provided always, that if it shall appear, before any award or order made, that any valuable security shall have been bona fide paid or discharged by some person or body corporate liable to the payment thereof, or being a negotiable instrument, shall have been bonâ fide taken or received by transfer or delivery, by some person or body corporate, for a just and valua. ble consideration, without any notice or without any reasonable cause to suspect that the same had by any felony or misdemeanor been stolen, taken, obtained, or converted, as aforesaid, in such case the court shall not award or order the restitution of such security. Exception as to bona fide payment or transfer of valuable securities. before the 54. That in the case of every felony punishable under this Accessaries act, every principal in the second degree, and every accessory fact, &c. in before the fact, shall be punishable with death, or otherwise, in felonies. the same manner as the principal in the first degree is by this act punishable; and every accessary after the fact to any felony Accessaries panishable under this act, (except only a receiver of stolen after the fact. property,) shall, on conviction, be liable to be imprisoned for any term not exceeding two years; and every person who shall aid, Abettors in abet, counsel, or procure the commission of any misdemeanor nors. punishable under this act, shall be liable to be indicted and punished as a principal offender. 55. That if any person shall aid, abet, counsel, or procure the commission of any offence which is by this act punishable on summary conviction, either for every time of its commission, misdemea Abettors in ishable sum marily shall offences pun |