No. LXXI. 9. Geo. IV. c. 56. Destroying nufactures, or &c., spoling Goods, or Work, 5. to the Party grieved. 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 respectively, being in the loom or frame, or on any machine or engine, or on the rack or tenters, or in any stage process or progress of manufacture, or shall unlawfully and maliciously cut break or destroy, or damage with intent to destroy, or to render useless, any warp or shute of silk woollen, linen, mohair, or cotton, or of any one or more of those materials mixed with each other, or mixed with any other material, or any loom frame, machine, engine, rack, tackle, tool, 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 or any tool or implement prepared for or employed in any manufacture whatsoever, (except the manufacture of silk, woollen, linen, mohair, 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. Penalty on V. And be it enacted, That if any artificer, workman, journeyman, apJourneymen, prentice, servant, or labourer, shall wilfully and unlawfully damage spoil or destroy any goods wares or work committed to his care or charge, without the consent of the person by whom he shall be hired retained or employed, every such offender, being lawfully convicted thereof before any justice or justices of the peace, shall forfeit and pay such sum of money as shall appear to the justice or justices to be a reasonable compensation for the damage, injury, spoil, or destruction so committed, not exceeding in any case the sum of five pounds, which sum of money shall be paid to the party grieved; and every person so convicted shall, in default of immediate payment, be committed to the gaol of the county of the city or town, or to the house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, for any term not exceeding three calendar months. Setting fire to a Coal Mine. ing up any Shaft, &c. with Intent to destroy the Mine, Felony, VI. 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. Drowning any VII. And be it enacted, That if any person shall unlawfully and maMine, or fill-liciously 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 conpunishable by victed thereof, shall be liable, at the discretion of the court, to be transTransportaported beyond the seas for the term of seven years, or to be imprisoned tion, &c. for any term not exceeding two years, and, if a male, to be once twice or Proviso for Da thrice publicly or privately whipped (if the court shall so think fit) in mage from ad- addition to such imprisonment: Provided always, that nothing hereinjoining Mine. efore contained shall extend to any damage committed under ground, by ny owner of any adjoining mine, in working the same, or by any person ily employed in such working. No. LXXI. 9 Geo. IV. c. 56. any Engine, Destroying Erection, &c. VIII. And be it enacted, That if any person shall unlawfully and maciously pull down or destroy, or damage with intent to destroy or to rener useless, any steam engine, or other engine, or any shaft, passage, rain, or level for sinking draining or working any mine, or any staith ilding or erection used in conducting the business of any mine, or any used in any idge waggonway or trunk, for conveying minerals from any mine, Mine, Felony, hether such engine, staith, building, erection, bridge, waggonway, or punishable by unk be completed, or in an unfinished state, every such offender shall Transportaguilty of felony, and being convicted thereof, shall be liable to any of tion. e punishments which the court may award, as herein-before last-menɔned. IX. And be it enacted, That if any person shall unlawfully and maciously set fire to, or in any wise destroy any ship or vessel, whether the une be complete or in an unfinished state, or shall unlawfully and maiously set fire to, cast away, or in anywise destroy any ship or vessel, ery such offender shall be guilty of felony, and being convicted thereof, all suffer death as a felon. Setting fire to or destroying a Ship, Felony, with Death. tion. X. And be it enacted, That if any person shall unlawfully and ma- Damaging a ciously damage, otherwise than by fire, any ship or vessel, whether com- Ship, other etc or in an unfinished state, with intent to destroy the same, or to render wise than by e same useless, every such offender shall be guilty of felony, and being Fire, Felony, nvicted thereof shall be liable, at the discretion of the court, to be trans- punishable by rted beyond the seas for the term of seven years, or to be imprisoned Transporta r any term not exceeding two years, and, if a male, to be once twice or rice publicly or privately whipped (if the court shall so think fit) in Idition to such imprisonment. XI. And be it enacted, That if any person shall exhibit any false light signal, with intent to bring any ship or vessel into danger, or shall unwfully and maliciously do any thing tending to the immediate loss or struction of any ship or vessel in distress, or shall destroy any part of y ship or vessel which shall be in distress, or wrecked stranded or cast shore, or shall destroy any goods merchandize or articles of any kind longing to such ship or vessel, or shall by force prevent or impede any erson endeavouring to save his life from such ship or vessel, (whether e shall be on board or shall have quitted the same,) every such offender all be guilty of felony, and being convicted thereof, shall suffer death ¡ a felon. XII. And be it enacted, That if any person shall unlawfully and maciously break down or cut down any sei bank or sea wall, or the bank or all of any river canal or marsh, whereby any lands shall be overflowed or amaged, or shall be in danger of being so, or shall unlawfully and maliciousthrow down, level, undermine, or otherwise destroy any lock, sluice, wear, innel, towing path, flood-gate, aqueduct, reservoir, cut dam, drain, waterurse, or other work on any navigable river or canal, every such person all be guilty of felony, and being convicted thereof, shall be liable, at the scretion of the court to be transported beyond the seas for life or for any rm not less than seven years, or to be imprisoned for any term not exeeding four years, and, if a male, to be once twice or thrice publicly or rivately whipped (if the court shall so think fit) in addition to such imrisonment. Exhibiting false Signals, destroying a shipwrecked Vessel or Cargo, &c., or forcibly impeding Men from saving their Lives, Felony, with Death. Destroying any Sea Bank, &c., or Works on any River or Canal, Felony, with tion for Life, Transporta &c. Removing the obstruct the XIII. And be it enacted, That if any person shall unlawfully and maciously cut off draw up or remove any piles chalk or other materials xed in the ground, and used for securing any sea bank or sea wall, or he bank or wall of any river canal or marsh, or shall unlawfully and maciously open or draw up any flood-gate, or do any other injury or ischief to any navigable river or canal, with intent and so as thereby to bstruct or prevent the carrying on completing or maintaining the navigaon thereof, every such offender shall be guilty of felony, and being con- with Seven icted thereof, shall be liable, at the discretion of the court, to be trans- Years' TransVOL. V. X nal, Felony, portation, No. LXXI. 9 Geo. IV. c. 56. Injuring pub lic Bridges, Felony, with Transportation for Life, &c. Destroying a Turnpike Gate, Toll House, &c. Misdemeanor, punishable accordingly. Breaking down the Dam of a Fishery, &c., or Mill Dam, Misdemeanor, punishable by Transportation, &c. Killing or maiming Cattle. Setting fire to Stack of Corn, &c., Felony, with Death; to certain Crops or Plantations, &c. Felony, with Transportation. ported 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 of 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 ma liciously pull down or in anywise destroy any public bridge, or do any injury with intent and so as thereby to render such bridge or any par thereof, dangerous or impassable, 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. XV. And be it enacted, That if any person shall unlawfully and ma liciously throw down level or otherwise destroy, in whole or in part, any turn pike 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 with out paying any toll directed to be paid by any Act or Acts of Parliamen 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. XVI. And be it enacted, That if any person shall unlawfully and ma liciously break down or otherwise destroy the dam of any fish-pond, o 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 o the fish in such pond or water, or so as thereby to cause the loss or de struction of any of the fish, or shall unlawfully and maliciously put an lime or other noxious material in any such pond or water, with inten thereby to destroy any of the fish therein, or shall unlawfully and ma liciously break down or otherwise destroy the dam of any mill-pond, ever such offender shall be guilty of a misdemeanor, and being convicte thereof, shall be liable, at the discretion of the court, to be transporte beyond the seas for the term of seven years, or to be imprisoned for an term not exceeding two years, and, if a male, to be once twice or thric publicly or privately whipped (if the court shall so think fit) in additio to such imprisonment. XVII. And be it enacted, That if any person shall unlawfully and ma liciously kill maim or wound any cattle, every such offender shall b guilty of felony, and being convicted thereof, shall suffer death as a felon XVIII. And be it enacted, That if any person shall unlawfully and ma liciously set fire to any stack of corn, grain, pulse, straw, hay, coals, tur charcoal, or wood, every such offender shall be guilty of felony, an being convicted thereof, shall suffer death as a felon; and if any perso shall unlawfully and maliciously set fire to any crop of corn grain pulse, whether standing or cut down, or to any part of a wood coppi or plantation of trees, wheresoever the same may be growing, every suc offender shall be guilty of felony, and being convicted thereof, shall I liable, at the discretion of the court, to be transported beyond the seas f the term of seven years, or to be imprisoned for any term not exceedin two years, and, if a male, to be once twice or thrice publicly or private whipped (if the court shall so think fit) in addition to such imprison ment. Destroying or XIX. And be it enacted, That if any person shall unlawfully and m damaging liciously, between sunset and sunrise, cut, break, bark, root up, or othe Trees, Shrubs, wise destroy or damage the whole or any part of any tree, sapling, &c., by Night, shrub, or any underwood, every such offender shall be guilty of felon Felony, with and being convicted thereof, shall be liable, at the discretion of the cou Transportato be transported beyond the seas for the term of seven years, or to tion. imprisoned for any term not exceeding two years, and, if a male, to be on twice or thrice publicly or privately whipped (if the court shall so thi No. LXXI. 9 Geo. IV. c. 56. Like Punish stroying Trees, Destroying or damaging Trees, Shrubs, &c., of any Value under 5., punishable on summary Conviction. Destroying, &c., any Fruit or Vegetable Production in fit) in addition to such imprisonment; and if any person shall, between sunrise and sunset, unlawfully and maliciously cut, break, bark, root up, or otherwise destroy or damage the whole or any part of any tree sapling or shrub, or any underwood, (in case the amount of the injury done shall exceed the sum of five pounds,) every such offender shall be guilty of felony, and being convicted thereof, shall be liable to any of the punishment on dements which the court may award for the felony herein-before last mentioned. Shrubs, &c., in the Day-time, if the Value exceeds 51. XX. And be it enacted, That if any person shall, between sunrise and sunset, unlawfully and maliciously cut, break, bark, root up, or otherwise destroy or damage the whole or any part of any tree sapling or shrub, or any underwood, the injury done being under the value of five pounds, every such offender, being convicted before a justice or justices of the peace, 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 or justices shall think fit. XXI. And be it enacted, That if any person shall unlawfully and maliciously destroy, or damage with intent to destroy, any plant fruit or vegetable production growing in any garden, orchard, nursery ground, hothouse, greenhouse, or conservatory, every such offender, being convicted thereof before a justice or justices of the peace, shall, at the discretion of the justice or justices, 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 the amount of the injury done, and also a 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 Second Ofoffences, such offender shall be deemed guilty of felony, and being con- fence, Felony. victed thereof, shall be liable to any of the punishments which the court may award for the felony herein-before last-mentioned. a Garden, &c. punishable on summaryConviction for First Offence. sonment or Fine; 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 &c., Vegetable or plant used for food of man or beast, or for medicine, or for distilling, Productions, or for dyeing, 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, every such offender, being convicted thereof before a justice or justices of &c., Imprithe peace, shall, at the discretion of the justice or justices, either be commmitted 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 the amount of the injury done, and also such sum of money, not exceeding twenty shillings, as to the justice or justices shall seem meet; and in default of payment thereof, together with the costs, if ordered, shall be committed as aforesaid, for any term not exceeding one calendar month, unless payment be sooner made; and if any person so convicted shall afterwards be Second Ofguilty of any of the said offences, and shall be convicted thereof in like fence, Imprimanner, every such offender shall be committed to the common gaol or sonment, &c. house of correction, there to be kept to hard labour for such term, not exceeding six calendar months, as the convicting justice or justices shall think fit. XXIII. And be it enacted, That if any person shall unlawfully and ma- Destroying, liciously cut, break, throw down, or in any wise destroy any fence of any &c., any description whatsoever, or any wall stile or gate, or any part thereof re- Fence, Wall, spectively, every such offender, being convicted before a justice or justices Stile, or Gate. of the peace, shall for the first offence forfeit and pay the amount of the injury done, and also such sum of money, not exceeding five pounds, as to the justice or justices shall seein 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 or justices shall think fit. No. LXXI. 9 Geo. IV. c. 56. Persons possessed of Houses under Lease, &c. who shall de molish or waste them, declared guilty of Mis demeanor. When Suspicion is entertained of Intent to demo lish or injure Houses, Owners, &c. may make Oath thereof before a Magistrate. Magistrate shall thereupon give Notice to the Parties not to proceed without the Licence of such Magistrate. XXIV. And be it enacted, That every person who, being possessed in any manner or right whatever of any dwelling-house or other building held under or by virtue of any lease or agreement, or for any term of years or other less term, certain or at will, (whether the possession of such dwelling-house or other building, or part of such dwelling-house or other building, shall have been obtained for the fraudulent and malicious purpose of pulling down or demolishing the same, or for any other purpose whatever,) shall wilfully fraudulently or maliciously, and not for the purpose of any intended improvement or beneficial alteration therein, pull down or demolish or begin to pull down or demolish the same, or commit any other unlawful waste or destruction thereof or thereto, or shall pull down or sever from the freehold any fixture or utensil, being within or appurtenant to such dwelling-house or other building, or used or occupied therewith, or which in a due course of occupancy ought not to be so pulled down or severed from the freehold, or who shall wilfully and knowingly aid abet or assist in the same, or who shall wilfully and knowingly purchase or contract to purchase the materials or any part of the materials of which such dwelling-house or other building was constructed, or any fixture or utensil being within or appurtenant to any such dwelling-house or other building, or part of such dwelling-house or other building, or used and occupied therewith, and which in due course of occupancy ought not to be pulled down and severed from the freehold, shall be deemed and is hereby declared to be guilty of a misdemeanor, and shall be subject and liable on conviction thereof, to the like pains and penalties as in cases of misdemeanor. XXV. And be it enacted, That in all cases where any dwelling-house or other building, or any part of any dwelling-house or other building shall be held by virtue of any lease or agreement, or for any term of years or other less term, certain or at will, whether the possession of such dwelling-house or other building, or any part of such dwelling-house or other building, shall have been obtained by fraud or not, whenever it shall be suspected that any person or persons is or are about to pull down or demolish, or to commit any unlawful waste or destruction upon such dwelling-house or other building, or part of such dwelling-house or other building, it shall and may be lawful to and for any owner lessor or landlord thereof, or any other person or persons entitled to the same, or interested in the preservation thereof, or for any trustee or agent acting upon the part or behalf of any owner, lessor, landlord, or person so interested, to make and take an oath or affidavit in writing, (or affirmation in writing, if a Quaker,) before any justice of the peace or magistrate for the county, city, town, or other place within which such dwelling-house or building shall be situate, stating the belief and suspicion of the person or persons making such affidavit or affirmation, that some person or persons in the possession or occupation of such dwelling-house or other building, or of some part thereof, or by the permission or collusion of some person in the occupation of such dwelling-house or other building, or of some part of such dwelling-house or other building, hath or have an intention to commit, or do propose to commit, some such wilful or fraudulent waste and destruction as is herein-before described, or if any such waste or destruction shall have been commenced there, that the same was fraudulent or malicious, and not for the purpose of any improvement or beneficial alteration of such dwelling-house or other building, or part of such dwelling-house or other building, and which oath and affirmation such justice or magistrate is hereby empowered and required to administer; and upon such affidavit or affirmation being made by such person or persons as aforesaid, it shall and may be lawful for such justice or magistrate to issue a notice in writing, signed by him, stating that information on oath or affirmation has been received that some person or persons occupying such dwelling-house or other building, or acting under or by the authority or permission of, and in collusion with, such occupier or occupiers of such dwelling-house or other building, intends or intend or is or are about to commit wilful and fraudulent waste, by pulling down and destroying such dwelling-house or other build |