FRUIT, VEGETABLES, &c. 22. Stealing any Plant, Fruit, or Vegetable, growing in a Garden, &c. Summons or Warrant. Same as the forms, ante, p. 96. Conviction. day BERKSHIRE, to wit: Be it remembered, that on the of, in the year of our Lord ——, at -, in the county aforesaid, C. D. is convicted before me, J. P., one of his Majesty's justices of the peace, for the said county, for that he the said C. D., on the day of ——, in the year aforesaid, at the parish of "" in the county aforesaid, ten apples [“ any plant, root, fruit, or vegetable production"] of the value of two pence, the property of E. F., in a certain garden ["garden, orchard, nursery-ground, hot-house, green-house, or conservatory"] of the said E. F., there situate, then and there growing, then and there in the said garden unlawfully did steal, take, and carry away; against the form of the statute in that case made and provided: I the said J. P. do therefore adjudge the said C. D., for his said offence, to be imprisoned in the [there to be kept to hard labour], for the space of [six] calendar months. Given under my hand and seal the day and year first above mentioned. J. P. Or, "I the said J. P. do therefore adjudge the said C. D., for his said offence, to forfeit and pay the sum of [twenty] pounds, over and above the value of the said apples so stolen as aforesaid, and the further sum of two pence, being the value of the said apples, and also to pay the sum of shillings for costs, and in default of immediate payment of the said sums, to be imprisoned in the [and there kept to hard labour], for the space of (see s. 67, ante, p. 229) calendar months, unless the said sums shall be sooner paid; and I direct that the said sum of twenty pounds shall be paid to J. S. (see s. 66, ante, p. 228) of aforesaid, in which the said offence was committed, to be by him applied according to the directions of the statute in that case made and provided, and that the said sum of two pence shall be paid [to the said E. F.;" or, if the owner have been examined in proof of the offence, then thus: "also to the said J. S., E. F. the owner of the said apples having been examined in proof of the offence aforesaid"]; and I order that the said sum of shillings for costs shall be paid to (the complainant). Given under my hand and seal, the day and year first above mentioned. J. P. *If time be given for payment of the penalty, &c., the conviction may be the same as the above form, to the *]"for costs; and I order that the said sums shall be paid by the said C. D., on or before the next; and I direct that the said sum of twenty pounds shall be paid to J. S., of," &c. as in the above form, to the end. day of See Arch. Peel's Acts, p. 124. 7 & 8 Geo. 4, c. 29, s. 42. For a second offence, the party may be indicted. Id. 23. Destroying or damaging any Plant, Fruit, or Vegetable, growing in a Garden, &c. with Intent to steal the same. Summons or Warrant. Same as the forms, ante, p. 96. Conviction. BERKSHIRE, to wit: Be it remembered, that on the of, in the year of our Lord day at —, in the county aforesaid, C. D. is convicted before me, J. P., one of his Majesty's justices of the peace for the said county, for that he the said C. D., on the in the year aforesaid, at the parish of day of in the county aforesaid, six pine-apples [“ any plant, root, fruit, or vegetable production"] the property of E. F., then and there growing in a certain hot-house ["garden, orchard, nursery ground, hot-house, green-house, or conservatory"] of the said E. F. there situate, then and there in the said hot-house unlawfully did damage ["destroy or damage"], with intent the same then and there unlawfully to steal, take, and carry away, thereby then and there doing injury unto the said E. F., to the amount of six shillings; against the form of the statute in that case made and provided: I the said J. P. do therefore adjudge the said C. D., for his said offence, to be imprisoned in the [there to be kept to hard labour] for the space of [six] calendar months. Given under my hand and seal, the day and year first above mentioned. J. P. Or, "I the said J. P. do therefore adjudge the said A. B., for his said offence, to forfeit and pay the sum of [twenty] pounds, over and above the amount of the injury so done as aforesaid, and the further sum of six shillings, being the amount of the said injury, and also to pay the sum of shillings for costs, and in default, &c." as in the last form, to the end. See Arch. Peel's Acts, p. 124. 7 & 8 Geo. 4, c. 29, s. 42. For a second offence, the party may be indicted. Id. 24. Stealing any cultivated Root or Plant, growing elsewhere than in a Garden, Orchard or Nursery Ground. Summons or Warrant. Same as the forms, ante, p. 96. Conviction. BERKSHIRE, to wit: Be it remembered, that on the day of, in the year of our Lord —, at in the county aforesaid, C. D. is convicted before me, J. P., one of his Majesty's justices of the peace for the said county, for that he the said C. D., on the day of, in the year aforesaid, at the parish of, in the county aforesaid, ten cultivated plants called cabbages, commonly used for the food of man, ["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,"] of the value of ten pence, the property of E. F., în certain land of the said E. F. there situate (not being a garden, orchard, or nursery ground) then and there growing, then and there in the said land unlawfully did steal, take, and carry away; against the form of the statute in that case made and provided: I the said J. P. do therefore adjudge the said C. D., for his said offence, to be imprisoned in the [there to be kept to hard labour] for the space of [one] calendar month. Given under my hand and seal, the day and year first above men tioned. J. P. Or, "I the said J. P. do therefore adjudge the said C. D., for his said offence, to forfeit and pay the sum of [twenty] shillings, over and above the value of the said plants so stolen as aforesaid, and the further sum of two pence, being the value of the said plants, and also to pay the sum of - shillings for costs, and in default of immediate payment of the said sums, to be imprisoned in the - [and there kept to hard labour] for the space of [one] calendar month, unless the said sums shall be sooner paid; and I direct that the said sum of twenty shillings shall be paid to J. S. (see s. 66, ante, p. 228) of aforesaid, in which the said offence was committed, to be by him applied according to the directions of the statute in that case made and provided, and that the said sum of ten pence shall be paid [to the said E. F.; or if the owner have been examined in proof of the offence, then thus: "also to the said J. S., E. F. the owner of the said plants having been examined in proof of the offence aforesaid"]; and I order that the said sum of shillings for costs shall be paid (the complainant). Given under my hand and seal, the day and year first above mentioned. to J. P. * If time be given for payment of the penalty, &c. the conviction may be the same as the above form, to the *] "for costs; and I order that the said sums shall be paid by the said C. D., on or before the next; and I direct that the said sum of twenty shillings shall be paid to J. S., of," &c. as in the above form, to the end. day of See Arch. Peel's Acts, p. 127. 7 & 8 Geo. 4, c. 29, s. 43. 25. Destroying or damaging any cultivated Root or Plant, grow ing elsewhere than in a Garden, Orchard, or Nursery Ground, with intent to steal the same. Summons or Warrant. Same as the forms, ante, p. 96. Conviction. of BERKSHIRE, to wit: Be it remembered, that on the in the year of our Lord at the parish of day of - at county aforesaid, C. D. is convicted before me, J. P., one of his Majesty's justices of the peace for the said county, for that he the said C. D., on the in the year aforesaid, in the county aforesaid, ten cultivated plants called cabbages, commonly used for the food of man, 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"] the property of E. F., in certain land of the said E. F. there situate, (not being a garden, orchard, or nursery ground), then and there growing, then and there in the said land unlawfully did damage ["destroy or damage"], with intent the same then and there unlawfully to steal, take, and carry away, thereby then and there doing injury to the said E. F. to the amount of ten pence; against the form of the statute in that case made and provided: I the said J. P. do therefore adjudge the said C. D., for his said offence, to be imprisoned in the [and there kept to hard labour] for the space of [one] calendar month. Given under my hand and seal, the day and year first above mentioned. Or, "I the said J. P. do therefore adjudge the said C. D., for his said offence, to forfeit and pay the sum of [twenty] shillings, over and above the amount of the injury so done as aforesaid, and the further sum of ten pence, being the amount of the said injury, and also to pay the sum of shillings for costs, and in default, &c." as in the last form, to the end. See Arch. Peel's Acts, p. 127. 7 & 8 Geo. 4, c. 29, s. 43. 26. Conviction for a second Offence, in the two last mentioned Cases. Same as either of the last two forms, to the words] against the form of the statute in that case made and provided: And it is now proved before me the said J. P., that the said C. D. was heretofore, on the in the year of our Lord day of day of -, duly convicted before one of his Majesty's justices of the peace for the county of for that he the said C. D., on the in the year last aforesaid, at the parish of in the said last-mentioned county, ten cultivated roots called carrots, commonly used for the food of man, of the value of five pence, the property of G. H., in certain land of the said G. H. there situate, (not being a garden, orchard, or nursery-ground) then and there growing, then and there in the said land unlawfully did steal, take, and carry away; against the form of the statute in that case made and provided; and that the said C. D. was thereupon adjudged, for his said last-mentioned offence, to be imprisoned in the - there to be kept to hard labour, for the space of one calendar month. I the said J. P. do therefore adjudge the said C. D., for such his said second offence, of which he is now convicted as aforesaid, to be imprisoned in the there to be kept to hard labour, for the space of [six]* calendar months. Given under my hand and seal, the day and year first above mentioned. J. P. * If whipping form a part of the punishment, the conviction may |