Section 63. Whoever wilfully, mischievously and without right takes or uses a boat or vehicle, other than a motor vehicle, or takes, drives, rides or uses any draught animal which is the property of another, without the consent of the owner or other person who has the legal custody, care or control thereof, shall be punished by a fine of not more than three hundred dollars or by imprisonment for not more than six months; but this section shall not apply to the property of another taken with intent to steal it, or under a claim of right, or with the presumed consent of the owner or other person who has the legal control, care or custody thereof.