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Penalty on stealing, &c. trees, shrubs, &c., severed from the soil, or turf fuel, not exceeding 40s. in value.
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5. Any person who shall steal, or damage with intent to steal, the whole or any part of any tree, sapling, shrub, or underwood, or any cultivated plant, root, fruit, or vegetable production severed from the soil, or any turf or peat manufactured or partly manufactured for fuel, (in case the value of such article or articles stolen or the amount of the injury done shall not exceed forty shillings,) shall pay to the party aggrieved the value of the property stolen, or the amount of the injury done, and shall also be liable to a fine not exceeding five pounds, or to be imprisoned for a term not exceeding three months.
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