ART. 30. ] CRIMES AND PUNISHMENTS. 81
the commencement of the said special term shall be tested as of
the first day of said special term, and shall be made returnable
to the ensiling April term; and all writs and other process
tested, issued or made returnable according to the provisions of
this act, shall have the same legal force and effect as though the
terms of the Court of Appeals had not been changed by the
existing Constitution.
In force from January 12, 1865.
ARTICLE XXX.
Crimes and Punishments.
LARCENY.
Chapter 13 adds the following section to take place after section 104:
SEC. 1. If any person shall feloniously steal, take and carry
away any pipe, water fixture or gas fixture, or any other article
or thing of value attached to or a part of any store, shop, dwel-
ling house, tobacco house or warehouse, whether the same be
occupied or not, or if any person shall enter any store, shop,
dwelling house, tobacco house or warehouse and shall feloniously
sever or separate from the freehold any pipe, water fixture, or
gas fixture, or any other article or anything attached or affixed
thereto, with intent to feloniously steal, take and carry away the
same or any part thereof, he shall be deemed guilty of felony,
and shall be punished by imprisonment in the county or city
jail or the penitentiary, at the discretion of the court, for not
less than one year nor more than eight years; and it shall not
be necessary to charge in the indictment that the article or
things were attached or affixed to or a part of the freehold.
Passed February 18, 1865.
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