No. LXIX. 7 & 8 G. IV. c. 30. Destroying Threshing Machines or Machinery in any other Manufacture than the foregoing. Setting fire to a Coal Mine. Drowning any Mine, or filling up any Shaft, &c., with Intent to destroy the Mine. Proviso. Destroying any Engine, Erection, &c. used in any Mine. Rioters demo- Chapel, House, or certain rack, tackle, or implement, whether fixed or moveable, prepared for or employed in carding, spinning, throwing, weaving, fulling, shearing, or otherwise 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. IV. And be it enacted, That if any person shall unlawfully and maliciously cut break or destroy, or damage with intent to destroy or to render useless any threshing machine, or any machine or engine, whether fixed or moveable, prepared for or employed in any manufacture whatsoever, (except the manufacture of silk, woollen, linen, or cotton goods, or goods of any one or more of those materials mixed with each other, or mixed 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. V. And be it enacted, That if any person shall unlawfully and maliciously 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. VI. And be it enacted, That if any person shall unlawfully and maliciously cause any water to be conveyed into any mine, or into any subterraneous passage communicating therewith, with intent thereby to destroy or damage such mine, or to hinder or delay the working thereof, or shall, with the like intent, unlawfully and maliciously pull down 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 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: Provided always, that this provision 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. e VII. And be it enacted, That if any person shall unlawfully and maliciously pull down or destroy, or damage with intent to destroy or to t render useless, any steam engine or other engine for sinking draining or working any mine, or any staith building or erection used in conducting 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 herein-before last mentioned. VIII. And be it enacted, That if any persons, riotously and tumultuously assembled together to the disturbance of the public peace, shall unlawfully and with force demolish pull down or destroy, or begin to demolish pull down or destoy, any church or chapel, or any chapel for the religious worship of persons dissenting from the united church of England and Ireland, duly registered or recorded, or any house, stable, coachhouse, out-house, warehouse, office, shop, mill, malt-house, hop oast, barn, or granary, or any building or erection used in carrying on any trade or manufacture, or any branch thereof, or any machinery, whether fixed or movable, prepared for or employed in any manufacture, or in any branch thereof, or any steam engine or other engine for sinking draining or working any mine, or any staith building or erection used in conducting the business of any mine, or any bridge waggon-way or trunk for conveying minerals from any mine, every such offender shall be guilty of felony, and being convicted thereof shall suffer death as a felon." No. LXIX. 7 & 8 G. IV. c. 30. IX. And be it enacted, That if any person shall unlawfully and mali- Setting fire to ciously set fire to, or in anywise destroy any ship or vessel, whether the or destroying same be complete or in an unfinished state, or shall unlawfully and mali- a Ship. 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 vessel, or of any goods on board the same, or any person that hath underwritten 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, every such offender shall be guilty of felony, and being convicted thereof shall suffer death as a felon. X. And be it enacted, That if any person shall unlawfully and mali- Damaging a ciously damage, otherwise than by fire, any ship or vessel, whether com- Ship, otherplete 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, 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. Destroying any Sea Bank, &c., or Works on any River or Canal. 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 lawfully 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 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 or vessel, or shall by force prevent or impede any person endeavouring to Cargo, &c. 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 maliciously break down or cut down any sea-bank or sea-wall, or the bank or wall of any river canal or marsh, whereby any lands shall be overflowed or damaged, or shall be in danger of being so, or shall unlawfully and maliciously throw down level or otherwise destroy any lock, sluice, Hoodgate, 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 he discretion of the court, to be transported beyond the seas for life, or or any term not less than seven years, or to be imprisoned for any term ot exceeding four years; and, if a male, to be once twice or thrice publicly r privately whipped (if the court shall so think fit) in addition to such imrisonment; and if any person shall unlawfully and maliciously cut off draw p or remove any piles chalk or other materials fixed in the ground and used or securing any sea bank or sea wall or the bank or wall of any river canal or marsh, or shall unlawfully and maliciously open or draw up any floodgate, or do any other injury or mischief to any navigable river or canal, with intent and so as thereby to obstruct or prevent the carrying on comleting or maintaining the navigation thereof, every such offender shall be guilty of felony, and, being convicted thereof, shall be liable, at the disretion of the court, to be transported beyond the seas for the term of even years, or to be imprisoned for any term not exceeding two years; nd, 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. XIII. And be it enacted, That if any person shall unlawfully and maiciously pull down or in anywise destroy any public bridge, or do any inry with intent and so as thereby to render such bridge or any part thercf dangerous or impassable, every such offender shall be guilty of felony, nd being convicted thereof shall be liable, at the discretion of the court, Removing the obstruct the a River or Canal. Injury to a public Bridge. No. LXIX. 7 & 8 G. IV. c. 30. Destroying a Breaking down the Dam of a Fishery, &c., or Mill Dam. Killing or maiming Cattle. Setting fire to &c. The like Crops, Plantations, and Heath. Destroying Destroying or damaging 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. XIV. And be it enacted, That if any person shall unlawfully and maliciously throw down level or otherwise destroy, in whole or in part, any turnpike gate, or any wall, chain, rail, post, bar, or other fence belonging to any turnpike gate, or set up or erected to prevent passengers passing by without paying any toll directed to be paid by Act or Acts of Parliament relating thereto, or any house building or weighing engine erected for the better collection ascertainment or security of any such toll, every such offender shall be guilty of a misdemeanor, and being convicted thereof shall be punished accordingly. XV. And be it enacted, That if any person shall unlawfully and maliciously break down or otherwise destroy the dam of any fish-pond, or of any water which shall be private property, or in which there shall be any private right of fishery, with intent thereby to take or destroy any of the 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 to destroy any of the fish therein, or shall unlawfully and maliciously 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 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. XVI. And be it enacted, That if any person shall unlawfully and maliciously kill maim or wound any cattle, 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 imprison ment. XVII. And be it enacted, That if any person shall unlawfully and maliciously set fire to any stack of corn, grain, pulse, straw, hay, or wood, every such offender shall be guilty of felony, and being convicted thereof shall suffer death as a felon; and if any person shall unlawfully and maliciously set fire to any crop of corn grain or pulse, whether standing or cut down, or to any part of a wood coppice or plantation of trees, or to any heath, gorze, furze, or fern, wheresoever the same may be growing, 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 imprison ment. XVIII. And be it enacted, That if any person shall unlawfully and 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. XIX. And be it enacted, That if any person shall unlawfully and maliciously cut, break, bark, root up, or otherwise destroy or damage the Trees, Shrubs, whole or any part of any tree sapling or shrub, or any underwood, respec&c., growing in certain Si- tively growing in any park, pleasure-ground, garden, orchard, or avenue, tuations, shall be Felony, if the value exceeds 17. c. 30. or in any ground adjoining or belonging to any dwelling-house, every such No. LXIX. 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 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; The like to and if any person shall unlawfully and maliciously cut, break, bark, root Trees, Shrubs, up, or otherwise destroy or damage the whole or any part of any tree sap- &c., growing ling or shrub, or any underwood, respectively growing elsewhere than in elsewhere, any of the situations herein-before mentioned, every such offender (in shall beFelony, case the amount of the injury done shall exceed the sum of five pounds), shall be guilty of felony, and being convicted thereof shall be liable to any of the punishments which the court may award for the felony hereinbefore last mentioned. if the Value exceeds 57. Trees, Shrubs, Value above on summary Conviction for Felony. See post, 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, wheresoever the same may be respectively growing, the injury done being to the amount of one shilling at the least, every such offender, being convicted before a justice of the 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 thereof in like manner, every such offender shall for such second offence be committed to the common gaol or house of correction, there to be kept to hard labour for such term, not exceeding twelve calendar months, as the convicting justices shall think fit; and if such second conviction shall take place before 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; and if any person so twice convicted shall afterwards commit 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 maliciously destroy, or damage with intent to destroy, any plant, root, fruit, or vegetable production, growing in any garden, orchard, nursery ground, hothouse, greenhouse, or conservatory, 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 six calendar months, or else shall forfeit and pay, over and above the amount of the injury done, such sum of money, not exceeding twenty pounds, as to the justice shall seem meet; and if any person so convicted shall afterwards commit 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. Destroying, &c., any Fruit or Vegetable Production in a Garden, &c. punishable on summaryCon viction for First Offence; Second Offence, Felony. See post, s. 32 & 33. Destroying, not growing &c. XXII. And be it enacted, That if any person shall unlawfully and maliciously destroy, or damage with intent to destroy, any cultivated root or plant used for the food of man or beast, or for medicine, or for distilling, or for dying, or for or in the course of any manufacture, and growing in any land, open or inclosed, not being a garden orchard or nursery ground, 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 No. LXIX. 7 & 8 G. IV. c. 30. Destroying, 51. Application of the Money awarded. See post, s. 32. ceeding one calendar month, unless payment be sooner made; and if any 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 male, to be once or twice publicly or privately whipped, after the expiration of four days from the time of such conviction. XXIII. And be it enacted, That if any person shall unlawfully and me liciously cut, break, throw down, or in anywise destroy any fence of any description whatsoever, or any wall stile or gate, or any part thereof respectively, every such offender, being convicted before a justice of the 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 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 twelve 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 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 Daciously commit any damage injury or spoil to or upon any real or personal 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 convicted thereof before a justice of the peace, shall forfeit and pay such previously 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 money shall be applied in such manner as every penalty imposed by a justice of the peace under this Act is herein-after directed to be applied; and if such sum of money, together with costs (if ordered), shall not be 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 shall think fit, for any term not exceeding two calendar months, unless such sum and costs be sooner paid: Provided always, that nothing herein contained 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 complained 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 shall be punishable in the same manner as before the passing of this Act. XXV. And be it enacted, That every punishment and forfeiture by this Act imposed on any person maliciously committing any offence, whether the same be punishable upon indictment or upon summary conviction, shall equally apply and be enforced, whether the offence shall be committed from malice conceived against the owner of the property in respect of which it shall be committed, or otherwise. Proviso. Malice against the Owner not essential to any Offence under this Act. Principals in the Second Degree, and Accessories. Abettors in Misdemeanors. XXVI. And be it enacted, That in the case of every felony punishable under this Act, every principal in the second degree, and every accessory before the fact, shall be punishable with death or otherwise, in the same 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, on conviction, be liable to be imprisoned for any term not exceeding two years; and every person who shall aid, abet, counsel, or procure the com |