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No. LXIX. rack, tackle, or implement, whether fixed or moveable, prepared for or emany & 8 G. IV. ployed in carding, spinning, throwing, weaving, fulling, shearing, or otherc. 30.

wise manufacturing or preparing any such goods or articles; or shall by force enter into any house, shop, building, or place, with intent to commit any of the offences aforesaid, every such offender shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four 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 imprisonment. Destroying IV. And be it enacted, That if any person shall unlawfully and maliThreshing

ciously cut break or destroy, or damage with intent to destroy or to render Machines or

useless Machinery in

any threshing machine, or any machine or engine, whether fixed any other Man

or moveable, prepared for or employed in any manufacture whatsoever, nufacture

(except the manufacture of silk, woollen, linen, or cotton goods, or goods than the fore. of any one or more of those materials mixed with each other, or mixed going. with any other material, or any framework-knitted piece, stocking, hose,

or lace,) every such offender shall be guilty of felony, 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 be imprisoned for any term not exceeding two 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 imprisonment. Setting fire to V. And be it enacted, That if any person shall unlawfully and maa Coal Mine. liciously set fire to any mine of coal or cannel coal, every such offender

shall be guilty of felony, and being convicted thereof shall suffer death

as a felon. Drowning any VI. And be it enacted, That if any person shall unlawfully and maliMine, or fillo ciously cause any water to be conveyed into any mine, or into any subing up any terraneous passage communicating therewith, with intent thereby to Shaft, &c.,

destroy or damage such mine, or to hinder or delay the working there fra with Intent to

of, or shall, with the like intent, unlawfully and maliciously pull down destroy the Mine.

fill up or obstruct any air-way, water-way, drain, pit, level, or shaft of or belonging to any mine, every such offender shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the court, to VI be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years; and, if a male, to be once

twice or thrice publicly or privately whipped (if the court shall so think Proviso. fit) in addition to such imprisonment: Provided always, that this provi

sion shall not extend to any damage committed under ground by any owner of any adjoining mine in working the same, or by any person duly

employed in such working. Destroying VII. And be it enacted, That if any person shall unlawfully and maany Eugine, liciously pull down or destroy, or damage with intent to destroy or to Erection, &c. render useless, any steam engine or other engine for sinking draining or

working any mine, or any staith building or erection used in conducting Mine.

the business of any mine, or any bridge waggon-way or trunk for conveying minerals from any mine, whether such engine, staith, building, erection, bridge, waggon-way, or trunk, be completed or in an unfinished state, ever such offender shall be guilty of felony, and being convicted thereof shall be liable to any of the punishments which the court may

award, as hercin-before last mentioned. Rioters demo- VIII, And be it enacted, That if any persons, riotously and tumul. Jishing, &c., tuously assembled together to the disturbance of the public peace, shall a Church,

unlawiully and with force demolish pull down or destroy, or begin to deChapel, House, molish pull down or destoy, any church or chapel, or any chapel for the or certain Buildings, or

religious worship of persons dissenting from the united church of England any Machinery

and Ireland, duly registered or recorded, or any house, stable, coachin any Manu- house, out-louse, warehouse, office, shop, mill, malt-house, hop oast, factory or barn, or granary, or any building or erection used in carrying on any Mine.

trade or manufacture, or any branch thereof, or any machinery, whether fixed or movable, prepared for or employed in any manufacture, or in

used in any

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rore any branch thereof, or any steam engine or other engine for sinking No. LXIX. prece draining or working any mine, or any staith building or erection used in 7 & 8 G. IV. share conducting the business of any mine, or any bridge waggon-way or trunk

c. 30. coret for conveying minerals from any mine, every such offender shall be guilty "felref of felony, and being convicted ihereof shall suffer death as a felon.

IX. And be it enacted, That if any person shall unlawfully and mali- Setting fire to ss te ciously set fire to, or in anywise destroy any ship or vessel, whether the or destroying s par same be complete or in an unfinished state, or shall unlawfully and mali- a Ship. oped. ciously set fire to, cast away, or in anywise destroy any ship or vessel,

with intent thereby to prejudice any owner or part owner of such ship or 1 - vessel, or of any goods on board the same, or any person that hath underrenza written or shall underwrite any policy of insurance upon such ship or

vessel, or on the freight thereof, or upon any goods on board the same, scere every such offender shall be guilty of felony, and being convicted thereof gou shall suffer death as a felon.

X. And be it enacted, "That if any person shall unlawfully and mali- Damaging a , box ciously damage, otherwise than by fire, any ship or vessel, whether com- Ship, otherprio plete or in an unfinished state, with intent to destroy the same, or to ren- wise than by

der the same useless, every such offender shall be guilty of felony, and, Fire. being convicted thereof, shall be liable, at the discretion of the court, tó period be transported beyond the seas for the term of seven years, or to be im

prisoned for any term not exceeding two years; and, if a male, to be once

twice or thrice publicly or privately whipped (if the court shall so think dc fit) in addition to such imprisonment.

XI. And be it enacted, That if any person shall exhibit any false light Exhibiting, or signal, with intent to bring any ship or vessel into danger, or shall un- false Signals Jawfully and maliciously do any thing tending to the immediate loss or to a Ship, &c.;

destruction of any ship or vessel in distress, or destroy any part of any ship destroying a i or vessel which shall be in distress, or wrecked stranded or cast on shore, shipwrecked

or any goods merchandize or articles of any kind belonging to such ship Vessel or them or vessel, or shall by force prevent or impede any person endeavouring to Cargo, &c. dow: save his life from such ship or vessel (whether he shall be on board or

shall have quitted the same), every such offender shall be guilty of felony, and being convicted thereof shall suffer death as a felon.

XII. And be it enacted, That if any person shall unlawfully and mali- Destroying ciously break down or cut down any sea-bank or sea-wall, or the bank or any Sea Bank, wall of any river canal or marsh, whereby any lands shall be overflowed &c., or Works or damaged, or shall be in danger of being so, or shall unlawfully and on any River

maliciously throw down level or otherwise destroy any lock, sluice, Hood. or Canal. 2 gate, or other work on any navigable river or canal, every such offender

shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be transported beyond the seas for life, or for

any term not less than seven years, or to be imprisoned for any term o not exceeding four 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 imprisonment; and if any person shall unlawfully and maliciously cut offdraw Removing the up or remove any piles chalk or other materials fixed in the ground and used Piles of any for securing any sea bank or sea wall or the bank or wall of any river canal Sea Bank, &c.

or marsh, or shall unlawfully and maliciously open or draw up any flood- or doing any į gate, or do any other injury or mischief to any navigable river or canal, Damage to with intent and so as thereby to obstruct or prevent the carrying on com

obstruct the plering or maintaining the navigation thereof, every such offender shall be Navigation of

a River or guilty of felony, and, being convicted thereof, shall be liable, at the dis

Canal. cretion of the court, to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two 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 imprisonment.

Injury to a XIII. And be it enacted, That if any person shall unlawfully and ma- public Bridge. liciously pull down or in anywise destroy any public bridge, or do any injury with intent and so as thereby to render such bridye or any part thercof dangerous or impassable, every such offender shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court,

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No. LXIX. to be transported beyond the seas for life, or for any term not less than jan 7 & 8 G. IV. seven years, or to be imprisoned for any term not exceeding four years; dei c. 30.

and, if a male, to be once twice or thrice publicly or privately whipped (if p01

the court shall so think fit) in addition to such iniprisonment. Destroying a

XIV. And be it enacted, That if any person shall unlawfully and maliTurnpikeGate,

ciously throw down level or otherwise destroy, in whole or in part, any sea Toll House,

turnpike gate, or any wall, chain, rail, post, bar, or other fence belonging per &c.

to any turnpike gate, or set up or erected to prevent passengers passing to
by without paying any toll directed to be paid by Act or Acts of Parlia-
ment relating thereto, or any house building or weighing engine erected
for the better collection ascertainment or security of any such toll, every of
such offender shall be guilty of a misdemeanor, and being convicted the
thereof shall be punished accordingly.

abe Breaking

XV. And be it enacted, That if any person shall unlawfully and mali- iofi down the Dam ciously break down or otherwise destroy the dam of any fish-pond, or of zx] of a Fishery,

any water which shall be private property, or in which there shall be any i. &c., or Mill Dam, private right of fishery, with intent thereby to take or destroy any of the

ali fish in such pond or water, or so as thereby to cause the loss or destruction of any of the fish, or shall unlawfully and maliciously put any lime or other

noxious material in any such pond or water, with intent thereby a to destroy any of the fish therein, or shall unlawfully and malicious break down or otherwise destroy the dam of any mill pond, 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 be imprisor.ed for any term not ex- best ceeding two years; and, if a male, to be once twice or thrice publicly or ha privately whipped (if the court shall so think fit) in addition to such im- med

prisonment. Killing or XVI. And be it enacted, That if any person shall unlawfully and malimaiming

ciously kill maim or wound any cattle, every such offender shall be guilty Cattle.

of felony, and being convicted thereof shall be liable, at the discretion
of the court, to be iransported beyond the seas for life, or for any term
not less than seven years, or to be imprisoned for any term not exceeding
four years; and, if a male, to be once twice or thrice publicly or privately i

whipped (if the court shall so think fit) in addition to such imprison Setting fire to XVII. And be it enacted, That if any person shall unlawfully and maa Stack of

liciously set fire to any stack of corn, grain, pulse, straw, hay, or wood, every Corn, Grain, Straw, Hay,

such offender shall be guilty of felony, and being convicted thereof shall &c. The like

suffer death as a felon; and if any person shall unlawfully and maliciously to certain

set fire to any crop of corn grain or pulse, whether standing or cut down, Crops, Planta- or to any part of a wood coppice or plantation of trees, or to any heath, tions, and gorze, furze, or fern, wheresoever the same may be growing, every such Heath. offender shall be guilty of felony, 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 be imprisoned for any term not exceeding two years; and, ita male, to be once twice or thrice publicly or privately whipped (if the court shall so think fit) in addition to such imprison

ment. Destroying XVIII. And be it enacted, That if any person shall unlawfully and Hopbinds.

maliciously cut or otherwise destroy any hopbinds growing on poles in any plantation of hops, every such offender shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four 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 imprisonment. Destroying or

XIX. And be it enacted, That if any person shall unlawfully and madamaging Trees, Shrubs, whole or any part of any tree sapling or shrub, or any underwood, respec

liciously cut, break, bark, root up, or otherwise destroy or damage the in certain s tively growing in any park, pleasure-ground, garden, orchard, or avenue, tuations, shall be Felony, if the value exceeds 11.

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or in any ground adjoining or belonging to any dwelling-house, every such No. LXIX. ear offender (in case the amount of the injury done shall exceed the sum of 7 & 8 G. IV. one pound) shall be guilty of felony, and being convicted thereof shall

c. 30. be liable, at the discretion of the court, to be transported beyond the seas

for the term of seven years, or to be imprisoned for any term not exceeding * two years; and, if a male, to be once twice or thrice publicly or privately

whipped (if the court shall so think tit) in addition to such imprisonment; The like to

and if any person shall unlawfully and maliciously cut, break, bark, root Trees, Shrubs, ad up, or otherwise destroy or damage the whole or any part of any tree sap- &c., growing tek ling or shrub, or any underwood, respectively growing elsewhere than in elsewhere;

any of the situations herein-before mentioned, every such offender (in if the value si case the amount of the injury done shall exceed the sum of five pounds),

exceeds 51. shall be guilty of felony, and being convicted thereof shall be liable to na any of the punishments which the court may award for the felony hereinor a before last mentioned. 1 XX. And be it enacted, That if any person shall unlawfully and mali- Destroying or

ciously cut, break, bark, root up, or otherwise destroy or damage the damaging whole or any part of any tree sapling or shrub, or any underwood, Trees, Șhrubs, wheresoever the same may be respectively growing, the injury done &c., wheresobeing to the amount of one shilling at the least,

every such offender, being and of any convicted before a justice of the peace, shall for the first offence forfeit

Value above sue and pay, over and above the amount of the injury done, such sum of mo.

1s.,punishable ney, not exceeding five pounds, as to the justice shall seem meet; and if

on summary in any person so convicted shall afterwards be guilty of any of the said Conviction for te offences, and shall be convicted thereof in like manner, every such offen- First and Ses cider shall for such second offence be committed to the common gaol or cond Offeuce;

house of correction, there to be kept to hard labour for such term, not ex- Third Offence,

ceeding twelve calendar months, as the convicting justices shall think fit; Felony. nal and if such second conviction shall take place before two justices, they See post, u may further order the offender, if a male, to be once or twice publicly or s. 32 & 33.

privately whipped, after the expiration of four days from the time of such DC conviction; and if any person so twice convicted shall afterwards commit do any of the said offences, such offender shall be deemed guilty of felony,

and being convicted thereof shall be liable to any of the punishments which the court may award for the felony herein-before last mentioned.

XXI. And be it enacted, That if any person shall unlawfully and ma- Destroying, liciously destroy, or damage with intent to destroy, any plant, root, fruit, &c., any Fruit or vegetable production, growing in any garden, orchard, nursery ground, or Vegetable hothouse, greenhouse, or conservatory, every such offender, being con- Production in victed thereuf before a justice of the peace, shall, at the discretion of the a Garden, &c.

justice, either be committed to the common gaol or house of correction, punishable on ath , there to be imprisoned only, or to be imprisoned and kept to hard labour, summaryConfor any term not exceeding six calendar months, or else shall forfeit and

First Offence; pay, over and above the amount of the injury done, such sum of money, Second Of. not exceeding twenty pounds, as to the justice shall seem meet; and if any fence, Felony. person so convicted shall afterwards commit any of the said offences, See post, such offender shall be deemed guilty of felony, and being convicted s. 32 & 33. thereof shall be liable to any of the punishments which the court may award for the felony herein-before last mentioned.

XXII. And be it enacted, That if any person shall unlawfully and ma- Destroying,

liciously destroy, or damage with intent to destroy, any cultivated root or &c., Vegetable nd plant used for the food of man or beast, or for medicine, or for distilling, Productions or for dying, or for or in the course of any manufacture, and growing in

not growing any land, open or inclosed, not being a garden orchard or nursery ground,

in Gardens,

&c. every such offender, being convicted thereof before a justice of the peace, shall, at the discretion of the justice, 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 one calendar month, or else shall forfeit and pay, over and above the amount of the in- See post, jury done, such sum of money, not exceeding twenty shillings, as to the s. 32 & 33. justice shall seem meet, and in default of payment thereof, together with the costs, if ordered, shall be committed as aforesaid for any term not ex

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No. LXIX. ceeding one calendar month, unless payment be sooner måde; and if any n & 8 G. IV. 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 six calendar months, as the
convicting justice shall think fit; and if such subsequent conviction shall
take place before two justices, they may further order the offender, if a to
male, to be once or twice publicly or privately whipped, after the expira-

tion of four days from the time of such conviction. Destroying, XXIII. And be it enacted, That if any person shall unlawfully and ma&c., any

liciously cut, break, throw down, or in anywise destroy any fence of any Fence, Wall, description whatsoever, or any wall stile or gate, or any part thereof Stile, or Gate.

respectively, every such offender, being convicted before a justice of the s. 32 & 33.

peace, shall for the first offence forfeit and pay, over and above the
amount of the injury done, such sum of money, not exceeding five pounds,
as to the justice shall seem meet; and if any person so convicted shall
afterwards be guilty of any of the said offences, and shall be convicted kn
thereof in like manner, every such offender shall be committed to the dr
common gaol or house of correction, there to be kept to hard labour for
such term, not exceeding twelve calendar months, as the convicting jus-
tice shall think fit; and if such subsequent conviction shall take place be
fore two justices, they may further order the offender, if a male, to be once
or twice publicly or privately whipped, after the expiration of four days ?

from the time of such conviction. Persons com- XXIV. And be it enacted, That if any person shall wilfully or malimitting Da

ciously commit any damage injury or spoil to or upon any real or personal i mage to any

property whatsoever, either of a public or private nature, for which no reProperty, in

medy or punishment is herein-before provided, every such person, being any Case not previously convicted thereof before a justice of the peace, shall forfeit and pay

such bigo provided for, sum of money as shall appear to the justice to be a reasonable compensamay be com- tion for the damage injury or spoil so committed, not exceeding the sum pelled by a of five pounds; which sum of money shall, in the case of private property, Justice to pay be paid to the party aggrieved, except where such party shall have been Compensation examined in proof of the offence; and in such case, or in the case of pronot exceeding perty of a public nature, or wherein any public right is concerned, the 51.

money shall be applied in such manner as every penalty imposed by, a 204 Application of the Money

justice of the peace under this Act is herein-after directed to be applied ; ite awarded.

and if such sum of money, together with costs (if ordered), shall not be See post, s. 32. paid either immediately after the conviction, or within such period as the justice shall at the time of the conviction appoint, the justice

may

commit the offender to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, as the justice lec shall think fit, for any term

not exceeding two calendar months, unless such Proviso.

sum and costs be sooner paid : Provided always, that nothing herein con-
tained shall extend to any case where the party trespassing acted under a
fair and reasonable supposition that he had a right to do the act com,
plained of, nor to any trespass, not being wilful and malicious, committed
in hunting fishing or in the pursuit of game, but that every such trespass lite

shall be punishable in the same manner as before the passing of this Act. Malice against the Owner not this Act imposed on any person maliciously committing any offence

, XXV. and be it enacted, That every punishment and forfeiture by essential to any Offence

whether the same be punishable upon indictment or upon summary conunder this Act. viction, shall equally apply and be enforced, whether the offence shall be

committed from malice conceived against the owner of the

spect of which it shall be committed, or otherwise. Principals in XXVI. And be it enacted, Thet in the case of every felony punishable the Second

under this Act, every principal in the second degree, and every accessory Degree, and

before the fact, shall be punishable with death or otherwise, in the same Accessories.

manner as the principal in the first degree is by this Act punishable; and every accessory after the fact to any felony punishable under this Act shall

, Abettors in on conviction, be liable to be imprisoned for any term not exceeding two Misde.

years; and every person who shall aid, abet, counsel, or procure the com

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