MALICIOUS DAMAGE ORDINANCE, 1865
Title
MALICIOUS DAMAGE ORDINANCE, 1865
Description
No. 6 of 1865.
An Ordinance to consolidate and amend the laws relating to malicious infuries to property.
1. This Ordinance may be cited as the Malicious Damae Ordinance, 1865.
Injuries by fire to buildings and goods therein.
2. Every person who unlawfully and maliciously sets
fire to any church, chapel, meeting house, or other place of
dovine worship shall be guilty of felony, and shall be liable
to imprisonment for life, and, if a male under the age of
sixteen years, with or without whipping.
3. Every person who unlawfully and maliciously sets
fire to any dwelling-house, any person being therein, shall
be guilty of felony, and shall be liable to imprisonment for
life, and, if aa male under the age of sixteen years, with or
without whipping.
4. Every person who unlawfully and maliciously sets
fire to any house, stable, coach-house, out-house, warehouse,
godwon, office, ship, store, mill, storehouse, granary, hovel,
shed, or fold, or to any farm building, or to any building
or erection used in farming land or in carrying on any trade
or manufacture or any branch thereof, whether the same
is then in the possession of the offender or in the possession
of any other person, with intent hereby to injure or defraud
any person, shall be guilty of felony, and shall be liable to
imprisonment for life, and, if a male under the age of
sixteen years, with or without whipping.
5. Every peson who unlawfully and maliciously sets
fire to any engine-house, warehouse, or other building
belonging or appertaining to any port, dock, or harbour
shall be guilty of felony, and shall be liable to imprisonment
for life, and, if a male under the age of sixteen years, with
or without whipping.
6. Every person who unlawfully and maliciously sets
fire to any building, other than such as are in this Ordinance
before mentioned, belonging to the King or to the Colony,
or devoted or dedicated to public use of ornament, or
erected or maintained byu public subscription or contribution,
shall be guilty of felony, and shall be liable to imprisonment
for life, and, if a male under thte age of sixteen years, with
or without whipping.
7. Every person who unlawfully and maliciously sets
fire to any building other than such as are in this Ordinance
before mentioned shall be guilty of felony, and shall be
liable to imprisonment for any term not exceeding fourteen
years, and, if a male under the age of sixteen years, with or
without whipping.
8. Every person who unlawfully and maliciously sets
fire to any matter or thing being, in, against, or under any
* See No. 10 of 1886, Second Schedule.
building, in such circumstances that, if the building were
thereby set fire to, the offence would amount to felony,
shall be guilty of felony, and shall be liable to imprisonment
for any term not exceeding foruteen years, and, if a male
under the age of sixteen years, with or without whipping.
9. Every person who unlawfully and maliciously by
any overt act attempts to set fire to any building or to
any matter or thing mentioned in section 8, in such
circumstances that, if the same were thereby set fire to, the
offender would be guilty of felony, shall be guilty of felony,
and shall be liable to imprisonment for any term not exceed-
ing fourteen years, and, if male a under the age of sixteen
years, with or without whipping.
Injuries by explosive substances to buildings
and goods therein.
10. Every person who unlawfully and maliciously, by
the explosion of gunpowder or other explosive substance,
destroys, throws down, or dmamages the whole or any part of
any dewlling-house, any person being therein, or of any
building whereby the life of any peson is endangered, shall
be guilty of felony, and shall be liable to imprisonment for
life, and, if a male under the age of sixteen years, with or
without whipping.
11. Every person who unlawfully and maliciously places
or throws in, into, upon, under, against, or near any build-
ing any gunpowder or other explosive substance, with intent
to destroy or damage any building or any engine, machinery,
working tools, fixtures, goods, or chattels, shall, whether or
not any explosion takes place and whether or not any damage
is caused, be guilty of felony and shall be liable to imprison-
ment for any term not exceeding fourteen years, and, if a
male under the age of sixteen years, with or without whip-
ping.
Injuries to buildings by rioters, etc.
12. If any persons, riotously and tumultously assembled
together to the disturbance of the public peace, unlawfully
and with force demolish, pull down, or destroy, or begin to
demolish, pull down, or destroy-
* See No. 10 of 1886, Second Schedule.
+ As amended by Law Rev. Ord., 1923.
(1) any church, chapel, meeting house, or other place of
divine worship; or
(2) any house, stable, coach-house, out-house, warehouse,
godown, office, shop, store, mill, storehouse, granary, hovel,
shed, or fold or any building or erection used in farming
land or in carrying on any trade or manufacture or any
branch thereof ; or
(3) any building, other than such as are in this section
before mentioned, belonging to the King to the Colony,
or devoted or dedicated to public use or ornament, or erected
or maintained by public subscription or contribution ; or
(4), any machinery, whether fixed or movable, prepared
for or employed in the business of any manufacture or in any
branch thereof,
every such offender shall be guilty of felony, and shall be
liable to imprisonment for life.
18. If any persons, riotously and tumultuotisly assembled
together to the disturbance of the public peace, unlawfully
and with force injuire or damage any such church, chapel,
meeting house, place of divine worship, house, stable, coach-
house, out-house, warehouse; godown, office, shop, store, mill,
storehouse, granary, hovel, shed, fold, building, erection, or
machinery as is mentioned in section 12, every such offender
shall be guilty of a misdemeanor, and shall be liable to im-
prisonment for any term not exceeding seven years : Provided
that if, on the trial of any person for any felony mentioned
in section 12, the jury are not satisfied that such person is
guilty thereof, but are satisfied that he is guilty of any
offence mentioned in this section, then the jury may find him
guilty thereof, and he may be punished accordingly.
Injuries to buildings by tenants.
14. Every0 person who, being possessed of any dwelling-
house or other building or part of any dwelling-house or
other building, held for any term of years, or other less
or at will, or held over after the termination of any tenancy,
unlawfully and maliciously-
(1) pulls down or demolishes, or begins to pull down or
demolish, the same or any part thereof. or
As amended by Law Rev. Ord., 1923.
See No. 10 of 1886, Second Schedule.
(2) pulls down or severs from the freehold any fixture be-
ing fixed in or to such dwelling-house or building or part of
such dwelling-house or building,
shall be guilty, of a misdemeanor, and shall be liable to im-
prisonment for any term not exceeding eighteen months.
Injuries to machinery, etc.
Every person who unlawfully and maliciously cuts,
breaks, or destroys, or damages with intent to destroy or to
render useless, any machine or engine, whether fixed or
movable, used or intended to be used in any manufacture
whatsoever, shall be guilty of felon, and shall be liable to
imprisonment for any term not exceeding seven years, and, if
a male under the age of sixteen years, with or without whip-
ing.
Injuries to crops, trees, and vegetable productions.
16. Every person who unlawfully and maliciously sets fire
to any field or piece or crop of grass, rice, grain, or pulse,
or of any cultivated vegetable produce, whether standing
or cut down or to an part of any wood, coppice, or planta-
tion of trees, or to any heath, gorse, furze, or fern,
wheresoeverthe same, may be growing, shall be guilty of
felony, and shall be liable to imprisonment for any term not
exceeding fourteen years, and, if a male under the age of
sixteen years, with or without whipping.
17. Every person who unlawfully and maliciously sets
fire to any heap or stack of corn, rice, grain, pulse, tares,
hay, straw, or of any cultivated vegetable produce, or to any
heap, or stack of coals, or wood, or to any other substance
used for fuel, shall be guilty of felony, and shall be liable to
imprisonment for life, and, if a male under the age of sixteen.
years with or without whipping.
18. Every person who unlawfully and maliciously by any
overt act attempts, to set any such matter or thing
as is mentioned either in section 16 or section 17, in such
circumstances that, if the same were thereby set fire to, the
offender would, under either of such sections, be guilty of
felony, shall be guilty of felony, and shall be liable to
* See No. 10 of 1886, Second Schedule.
+ As amended by Law Rev. Ord., 1923.
imprisonment for any term not exceeding seven years, and,
if a male under the age of sixteen years, with or without
whipping.
19. Every person who unlawfully and maliciously cuts,
breaks, barks, roots, up, or otherwise destroys or damages
the whole or any part of any tree, sapling, or shrub, or any,
underwood, growing in any pleasure ground, garden, orchard,
or avenue, or in any ground adjoining orbelonging to any
dwelling-house. (in case the amount of the injury done
exceeds the sum of five dollars) shall be guilty of felony, and
shall be liable to imprisonment for any term not exceeding
three years, and, if a male under the age of sixteen years,
with or whithout whipping.
20. Every person who unlawfully and maliciolisly cuts,
break, barks, roots up, or otherwise destroys or damages the
whole or any part of any tree, sapling, or shrub, or any
underwood, growing elsewhere than in any pleasure ground
garden, orchard, or avenue, or in any ground adjoining or
belonging to any dwelling-house (in case the amount of injury
done exceeds the sum of twenty-five dollars) shabll be
of feloily, and shall be liable to imprisonment for any term
not exceeding three years, and, if a male under the age of
sixteen years, with or without whipping.
21.-(1) Every person who unlawfully and maliciously
cuts, breaks, barks, root up, or otherwise destroys or
damages the whole or any, part of any tree, sapling, or shrub,
or an underwood, wheresoever the same may be growing,
the injury done being to the amount of twenty-five cents at
the least, shall upon summary conviction be liable to
imprisonment for any term not exceeding three months, or
to a fine, over and above the amount of the injury done, not
exceeding twenty-five dollars.
(2) Every person who, having been convicted of any such
offence, either against this, or any former enactment
afterwards commits any offence under this section, and is
convicted, thereof in like manner, shall for such second
be liable to imprisonment for any term not exceeding
six mohths.
See No. 10 of 1886, Second Schedule.
As amended by Law Am. Ord., 1923.
(3) Every person who, having been twice convicted of any
such offence afterwards commits any offence under, this section
shall be guilty of a misdemeanor, and shall be liable to
imprisonment for any term not exceeding two years, and, if
a male under the age of sixteen years, with or without
whipping.
22.-(1) Every person who unlawfully and maliciously
destroys, or damages with intent to destroy, any plant, root,
fruit or vegetable production growing in an garden orchard,
nursery ground, hot-house, green-house, or conservatory shall
upon summary convcition be liable to imprisonment for any
term not exceeding six months, or to a fine, over and above
the amount of the injury done, not excedding one hundred
dollars.
(2) Every person who, having been convicted of any such
offence, either against this or any former enactment,
afterwards, commits any of the said offences in this
before mentioned shall be guilty of felondy, and shall be liable
to imprisonment for any term not exceeding three years, and,
if a male under the age of sixteen, years with or without
whipping.
23.- (1) Every persbn who unlawfully and maliciously
destroys, or damages with intent to destroy, any cultivated
plant or root used for the food of man or beast, or for
medicine, or for distilling, or for dyeing, or for or in the
course of any manufacture, and growing in any land, open
or enclosed, not being a garden, orchard, or nursery
ground, shall upon summary , conviction be liable to im-
prisonment for any term not exceeding one month, or to a
fine, over and above the amount of the injury done, not
exceeding five dollars, and in default of payment thereof,
together with the costs, if ordered, shall be dealt with
as the law relating to the jurisdiciton of magistrates
provides.
(2) Every person who, having been convicted of any such
against this or any formner enactment, after-
wards commits an ofFence under this section, and is
convicted theroof in, like manner. shall be liable to im-
prisonment for any term not exceeding six months.
* As amended by, Law, Am. Ord., 1923.
Injuries to fences.
24. - Every person who unlawfully and maliciously
cuts, breaks, throws down, or in anywise destroys any fence or
paling of ally description whatsoever, or any wall, stile, or
gate, or any part thereof respectively, shall upon
conviction be liable for the first offence to fine, over and
above the amount of the injury done, not exceeding twenty-
five dollars.
(2) Every person who, having been convicted of auy such
offence, either against this or any former enactment, after-
wards commits any offence under this section, and is
convicted, thereof in like manner, shall be liable to im-
prisonment for any term not exceeding six months.
Injuries to sea and river banks, etc.
25. Every person who unlawfully and maliciously-
(1) breaks down, or cuts down, or otherwise damages or
destroys any sea-bank or sea-wall, or the bank, dam, or wall
of or belonging to any river, creek, drain, reservoir, pool, or
marsh, whereby any land or building is or is in danger of
being overflowed or damaged; or
(2) throws, breaks, or cuts down, levels, undermines or
otherwise destroys any quay, wharf, jetty, lock, sluice,
floodgate, weir, tunnel, drain, watercourse, or other work
belonging to any port, harbour, dock, or reservoir, pool, or,
belonging to any navigable creek,
shall be guilty of felony, and shall be liable to imprisonment
for life, and, if a male under the age of sixteen years, with
or without whipping.
26. Every person Who unlawfully and maliciously-
(1) cuts off, draws up, or removes any piles or other
materials fixed, in the ground, and used for securing any
sea-bank, or sea-wall or the bank, dam, or wall of any river,
creek, trench, drain, aqueduct, marsh, reservoir, pool, port,
harbour, dock, quay, wharf, jetty, or lock; or
(2) opens or draws up any floodgate or sluice, or does any
other injury or mischief to any river or creek or to any
As amended by Law Am. Ord., 1923.
See No. 10 of 1886, Second Schedule.
drain, trench, or canal, with intent and so as thereby to
obstruct or prevent the carrying on, completing, or main-
taining the navigation or drainage thereof,
shall be guilty of felony, and shall be liable to imprisoment
for any term not exceeding seven years, and, if a male under
the, age of sixteen years, with or without whipping.
Injuries to bridges, viaducts, railways, etc.
27. Every person who unlawfully and maliciously pulls
or thrwws down, or in anywise destroys, any bridge (whether
over any stream of water or not) or any viaduct or aqueduct,
over or under which bridge, viaduct, or aqueduct any
highway or canal passes, or does any injury with intent and
so as thereby to render such bridge, viaduct, or aqueduct,
or the, highway or canal passing over or under the same,
or any part thereof dangerous or impassable, shall be guilty
and shall be liable to imprisonment for life, and,
if a male under the age of sixteen years, with or without
whipping.
27A.-(1) Every person who unlawfully and maliciously
puts, places, casts, or throws upon or across any railway any
wood, stone, or other matter or thing, or who unlawfully
and maliciously takes up, moves, or displaces ally rail, sleeper
or other matter or thing belonging to any railway, or who
unlawfully and maliciously turns, moves, or diverts any
points, signalling apparatus, or other machinery belonging
to any railway, or who unlawfully and maliciously makes or
shows, hides or removes, any signal or light upon, or near to
any railway, or who unlawfully and maliciously does or
causes to be done any other matter or thing, with intent, in
any of the cases aforesaid, to obstruct, upset, overthrow,
injure, or destroy any engine, tender, carriage, or truck using
such railway, shall be guiltuy of felony, and shall be liable to
imprisonment for life, and, if a male under the age of sixteen
years, with or without whipping.
(2) Every person who by any unalwful act, or by any wil-
ful omisision or neglect, obstructs or causes to be obstructed
any engine, carriage, car, or truck using any railway, or who
aids or assists therein, shall be guilty of a misdemeanor, and
shall be libale to imprisonment for any term not exceeding
two years.
* See No. 10 of 1886, Second Schedule.
(3) For the purposes of this section, railway shall in-
clude tramway.
Injuries to telegraphs.
28. Every person who unlawfully and maliciously-
(1) cuts, breaks, throws down, destroys, injures, or re-
moves any battery, machinery, wire, cable, post, or other
matter or thing whatsoever, being part of being used or
employed in or about any electric or magnectic telegraph or
in the working thereof ; or
(2) prevents or obstructs in any manner whatsoever the
sending, conveyance, or delivery of any communication by
any such telegraph,
shall be guilty of a misdemeanor, and shall be liable to im-
prisonment for any term not exceeding two years: Provided
that if it appears to a magistrate, on the examination of any
person charged with any offence against this section, that it
is not expedient to the ends of justice that the same should
be prosecuted by indictment, the magistrate may proceed
summarily to hear and determine the same, and the offender
shall be liable to imprisonment for any term not exceeding,
three months, or to a fine not exceeding fifty dollars.
29. Every person who unlawfully and maliciously by
any overt act attempts to commit any of the, offences men-
tioned in section 28 shall upon summary conviction be
liable to imprisonment for any term not exceeding three
months, or to a fine not exceeding fifty dollars.
Injuries to works of art.
Every person who unlawfally and maliciously
destroys or damages-
(1) any book, manuscript, picture, print, stature, bust, or
vase, or any other article or thing kept for the purposes of
art, science, or literature, or as an object of curiosity, in any
museum, gallery, cabinet, library, or other repository, which
museum, gallery, cabinet, library, or other repository is
either at all times or from time to time open for the admission
see No. 10 of 1886, Second Schedule.
As amended by Law Rev. Ord. 1923, and Law Am. Ord., 1923.
of the public or of any considerable number of persons to
view the same, either by the permission of the proprietor
thereof or by the payment of inoney before entering the
same; or
(2) any picture, statue, monument, or other memorial of
the dead, painted glass or other ornament or work of art, in
any church, chapel, meeting house, or other place of divine
worship, or in any building belonging to His Majesty, or to
the Colony, or to any college, or in any street, square,
churchyard, burial ground, public garden or ground; or
3. any statue or monument exposed to public view or any
ornament, railing, or fence surrounding such statue or monu-
ment,
Shall be guilty of a misdemeanor, and shall be liable to
imprisonment for any term not exceeding six months, and,
if a male under the age of sixteen years, with or without
whipping: Provided that nothing in this section shall be
deemed, to affect the, right of any person to recover, by action
at law, damages for the injury so ccommitted.
Injuries to cattle and other animals.
31. Every person who unlawfully and maliciously kills,
maims, or wounds any cattle shall be guilty of felony, and
shall be liable to imprisonment for any term not exceeding
fourteen years.
32.-(1) Every person who unlawfully and maliciously
kills, or wounds any dog, bird, beast, or other animal,
not being cattle, but being either the subject of larceny at
common law in England or being ordinarily kept in a state
of confinement or for any domestic purpose, shall upon
summary conviction be liable to imprisonment for any term
not exceeding six months, or to a fine, over and above the
amount of the injury done, not exceeding one hundred
dollars.
(2)Every person who, having been convicted of any such
offence, afterwards commits any offence under this section
shall be guilty of a misdemeanor, and shall be liable to
imprisonment for any term not exceeding twelve months.
As amended by Law Am. Ord. 1923.
Injuries to ships.
Every person who unlawfully and maliciously sets
fire to, casts away, or in anywise destroys any ship or vessel,
whether the same is complete or in an unfinished state, shall
be guilty of felony, and shall be liable to imprisonment for
life, and, if a male under the age of sixteen years, with, or
without whipping.
34. Every person who unlawfully and malciciously sets
fire to, casts away, or in anywise detroys any ship or vessel,
with intent thereby to prejudice nay owner or part owner of
such ship or vessel or of any goods on board the smae, or
any peson who has underwriten any policuy of insurance
upon such ship or vessel, or upon the freight thereof, or
upon any goods on board the same, shall be guilty of felony,
and shall be liable to imprisonment for life, and, if a male
under the age of sixteen years, with or without whipping.
35. Every person who unlawfully and maliciously by
any overt act attempts to set fire to, cast away, or destroy any
ship or vessel, in such circumstance that, if the ship or
vessel were thereby set fire to, cast away, or destroyed, the
offender would be guilty of felony, shall be guilty of
felony, and shall be liable to imprisonment for any term not
exceeding fourteen years, and, if a male under the age of
sixteen years, with or without whipping.
36. Every person who unlawfully and maliciously places
or throws in, into, upon, against, or near any ship or vessel
any gunpowder or other explosive substance, with intent to
destroy or damage any ship or vessel or any machinery,
working tools, goods, or chattels, shall, whether or not any
explosion takes place and whether or not any injury is
effected, be guilty of felony, and shall be liable to imprison-
ment for any term not exceeding fourteen years, adn, if a
male under the age of sixteen years, with or without whip-
ping.
37. Every person who unlawfully and maliciously
damages, otherwise than by fire, gunpowser, or other explosive
substance, any ship or vesel whether the same is complete
or in an unfinished state, with intent to destroy the same or
* See No. 10 of 1886, Second Schedule.
render the same useless, shall be guilty of felony, and shall
be liable to imprisonemtn for any term not exceeding seven
years, and, if a male under the age of sixteen years, with or
without whipping.
38. Every peson who-
(1) unlawfully masks, altes, or removes any light or signal
or unlawfully exhinits any false light or signal, with intent
to bring any ship, vessel, or boat into danger; or
(2) unlawfully and maliciously does anything tending to
the immediate loss or destruction of any ship, vessel, or boat,
and for which no punishment is hereinbefore provided,
shall be guilty of felony, and shall be liable to imprisonment
for life, and, if a male under the age of sixteen years, with
or without whipping.
39. Every person who unlawfully and maliciously-
(1) cuts away, casts adrift, removes, alters, defaces, sinks,
or destroys; or
(2) does any act with intent to cut away, cast adrift, remove,
alter, deface, sink, or destroy; or
(3) in any other manner injures or conceals,
any boat, buoy rope, beacon, perch, or mark used or
intended for the fuidance of seamen or the purpose ofd
navigation shall be guilty of felony, and shall be liable to
imprisonment for any term not exceeding seven years, and,
if a male under the age of sixteen years, with or without
whipping.
40. Every person who unlawfully and maliciously de-
stroys any part of any ship or vessel which is in distress, or
wrecked, stranded, or cast on shore, or any goods, mer-
chandise, or articels of any kind belonging to such ship or
vessel, shall be guilty of felony, and shall be liable to im-
prisonemtn for any term not exceeding fourteen years.
Sending letters threatening to burn or destroy houses, etc.
41. Evey person who sends, delivers, or utters, or
directly or indirectly causes, to be received, knowing the
contents thereof, any lette or writing threatening to burn
* See No. 10 of 1886, Second Schedule.
or destroy any house, barn, or other building, or any rick or
stack of rice, hay, straw, or other agricultural produce, or
any grain, rice, hay, straw, or other agricultural produce, in
or under any building, or any ship or vessel, or to kill,
maim, or wound any cattle, shall be guilty of felony, and
shall be liable to imprisonment for any term not exceeding
ten years, and, if a male unde the age of sixteen years, with
or without whipping.
Miscellaneous injuries.
42. Every person who unlawfully and maliciously com-
mits any damage, injury, or spoil to or upon any real or
personal property whatsoever, either of a public or private
nature, for which no punishement is hereinbefore provided,
the damage, injury, or spoil being to an amount exceeding
twenty-five dollars, shall be guilty of misdemeanor, and
shall be liable to imprisonment for any term nto exceeding
two years; and, in case such offence is committed between
9 p.m. and 6 a.m., shall be liable to imprisonemtn for any
term nopt exceeding five years.
43.-(1) Every person who wilfully or maliciously com-
mits any damage, injury, or spoil to or upon any real
personal property whatsoever, either of a public or private
nature, for which no punishment is hereinbefore provided,
shall upon summary conviction be liable to imprisonment
for any term not exceeding two months, or to a fine not
exceding twenty-five dollars, and also to pay such further
sum of money as amy appear to the magistrate to be a
reasonable compensation for the damage, injury, or spoil so
committed, not exceeding the sum of twenty-five dollars, which
last-mentioned sum shall, in the case of provate property,
be paid to the party aggrieved, and in the case of property
of a public nature, or wherein any public right is concerned,
shall be paid to the Treasury.
(2) If such sums of money, together with costs (if ordered)
are not paid either immediately after the conviction or wiht-
in such period as the magistrate may at the time of the
conviction appoint, the magistrate may deal with the offender
according to the law relating to summary convicton:
Provided that nothing herein contained shall extend to any
* See No. 10 of 1886, Second Schedule.
+ As amended by Law Am. Ord., 1923.
cases where the party acted under a fair and reasonable sup-
position that he had a right to do the act complained of.
44. The provisions of section 43 shall extend to any
person who wilfully or maliciously commits any injury to
any tree, sapling, shrub, or underwood for which no punish-
ment is hereinbefore provided.
Making gunpowder to commit offences and
searching therefor.
45. Every person who makes, or manufactures, or
knowingly has in his possession any gunpowder or other
explosive substance, or any dangerous or noxious thing, or
any machine, engine, instrument, or thing, with intent there-
by or by means thereof to commit, or for the purpose of
enabling any other person to commit, any of the felonies
mentioned in this Ordinance, shall be guilty of a mis-
demeanor, snd shall eb liable to imprisonment for any term
not exceeding two years, and, if a male under the age of
sixteen years, with or without whipping.
46.-(1) When any gunpowder or other explosive, dan-
gerious, or noxious substance, or any mahcine engine,
instrument, or thing, is suspected to be made, kept, or
carried for the purpose of being used in committing any of
the felonies mentined in this Ordinance, a magistrate may,
on reasonable cause assigned upon oath by any person, issue
a warrant for searching in the day-time any house, mill,
magazine, godown, storehouse, warehouse, shop, cellar,
yard, wharf, or other place, or any carriage, wagon, cart,
ship, boat, or vessel, in which the same is suspected to be
made, kept, or carried for such purpose as hereinbefore
mentioned.
(2) Every person acting in the execution of any suc war-
rant shall have, for seizing, removing to propety places, and
detaining all such gunpowder, or explosive, dangerious, or
noxious substances, and every such machine, engine, instru-
ment, or thing, found upon such search, which he may have
good cause to suspect to be intended to be used in committing
any such offence, and the barrels, packages, cases, and other
* As amended by Law Rev. Ord., 1923.
+ See No. 10 1886, Second Schedule.
receptacles in which the same may be, the same powers and
protections which are given by any Ordinance relating to
gunpowder.
Miscellaneous.
47.(1) In the case of every felony punishable under this
Ordinance, every principal in the second degree, and every
accessory before the fact, shall be punishable in the same
manner as the principal in the first degree is by this Ordi-
nance punishable.
(2) Every accessory after the fact to any felony punishable
under this Ordinance shall be liable to imprisonment for any
term not exceeding two years.
(3) Every person who aids, abets, counsels, or procures
the commission of any misdemeanor punishable under this
Ordinance shall be liable to be proceeded against, indicted,
and punished as a principal offender.
48. Any constable may take into custody, without a war-
rant, any peson whom he may find lying or loitering in any
highway, yard, or other place during the night, and whom
he may have good cause to suspect of having committed or
being about to commit any felony against this Ordinance,
and shall take such person as soon as reasonably may be
before a magistrate, to be dealt with according to law.
49. Every punishment and forfeiture by this Ordinance
imposed on any person maliciously committing any offence,
whether the same si punishable on indictment or on summary
conviction, shall equally apply and be enforced whether the
offence is committed from malice conceived against the owner
of the property in respect of which it is committed or other-
wise.
50. Every provision of this Ordinance not hereinbefore so
applied shall apply to every person who, with intent to injure
or defraud any other person, does any of the acts hereinbefore
made penal, although the offender may be in possession of
the property against or in respect of which such act is
done.
51. Where an intent to injure or defraud is one of the
constituent elements of an offence under this Ordinance, it
shall not be necessary to prove all intent to injure or defraud
any particular person, but it shall be sufficient to prove. that
the accused did theact charged with in intent to injure or
defraud, as the case may be.
52. Any person found committing any offence against this
Ordinance, whether the same is punishable on indictment or
on summary conviction, may be immediately apprehended,
without a warrant, by any officer of police, or by the owner
of the property injured or his servant, or by any person
authorised. by him, and forthwith taken before a magistrate,
to be dealt with according to law.
53. Every person who aids, abets, counsels, or procures
the commission of any offence which is by this Ordinance
punishable on summary conviction, either for every time of
its commission, or for the first and second time only, or for
the first time only, shall upon summary conviction be liable,
for every first, second, or subsequent offence of aiding, abet-
ting, counselling, or procuring, to the same forfeiture and
punishment to which a person guilty of a first, second, or
subsequent offence as a principal offender is by this Ordinance.
made liable.
64. Every sum of money which is ordered to be paid in
respect of any injury done shall e assessed in each case by
the convicting magistrate, and shall be paid to the party
aggrieved, except where he is unknown, and in that case
shall be applied in the same manner as a penalty.
Provided that where several persons join in the, commission
of the same offence, and, on conviction thereof, each is ordered
to pay a sum equivalent to the amount of the injury done,
no further, sum shall be paid to the party aggrieved than
such value or amount; and the remaining sums ordered to
be paid shall be applied in the same manner as a penalty.
55. In ever case of a summary conviction under this
Ordinance, where the sum which is ordered to be paid in
respect of the injury done, or which is imposed as a penalty
by the magistrate, is not paid, either immediately after the
As amended by No. 17 of 1919 and Law Am. Ord., 1923,
As amended by Law Am. Ord., 1923.
conviction or within such period as the magistrate way at
the time of the conviction appoint, the covicting magistrate
(unless where otherwise specially directed) may sentence the
offender to imprisonment under and in accordance with the
provisions of any Ordinance relating to the jurisdiction of
magistrates and the practice and procedure before them in
respect of offences punishable on summary conviction.
56. Where any person is summarily convicted before a
magistrate of any offence against this Ordinance, and it is a
first conviction, the magistrate may discharge the offender
from his conviction on his making such satisfaction to the
party aggrieved for damages and costs, or either bf them
as may, be ascertained by the magistrate.
57. When any person convicted of any offence punishable
on summnary conviction by virtue of this Ordinance has paid
the sum ordered to be paid together with costs, under such
conviction, or has received a remission thereof from the
Crown or from the Governor, or has suffered the imprisonment,
awarded for non-payment thereof or the imprisonment
awarded in the first instance, or has been so discharged from
his conviction by any magistrate as aforesaid, he shall be
released from all further or other proceedings for the
cause.
[s. 58, rep. No. 31 of 1922; ss. 59 and 60, rep. No.
30 of 1911.]
61.-(1) ' Whenever any person is convicted of any indict-
able misdemeanor punishable under this Ordinance, the court
.may, in addition to or in lieu of any of the punishemnts
authorised by this Ordinance, fine. the offender, and require
him to enter into his own recognizances and to find sureties,
both or either, for keeping the peace and being of good.
behaviour.,
(2) in the case of any felony punishable under this Ordi-
nance; the court may require the offender to enter into his
own recognizances and to find sureties, both or either, for
keeping the peace, in addition to any punishment authorised
by this Ordinance: Provided that no person shall be impris-
oned under this section for not finding sureties for any
term exceeding one year.
[s. 62, rep. NO. 50 of 1911]
* As amended by Law Rev. Ord., 1923.
[Originally No. 8 of 1865. No. 17 of 1919. Law Rev. Ord., 1924.] Short title. 24 & 25 Vict.c. 97. Setting fire to church, etc. 24 & 25 Vict.c. 97, s. 1. [cf. No. 3 of 1903.] Setting fire to house, a person being therein. 24 & 25 Vict.c. 97, s. 2. [cf. No. 3 of 1903.] Setting fire to house, etc. 24 & 25 Vict.c. 97, s. 3. [cf. No. 3 of 1903.] Setting fire to engine-house, etc. 24 & 25 Vict.c. 97, s. 4. [cf. No. 3 of 1903.] Setting fire to public building. 24 & 25 Vict.c. 97, s. 5. [cf. No. 3 of 1903.] Setting fire to building not specified. 24 & 25 Vict.c. 97, s. 6. [cf. No. 3 of 1903.] Setting fire to goods in any building. the setting fire to which is felony. 24 & 25 Vict.c. 97, s. 7. [cf. No. 3 of 1903.] Attempt to set fire to building, etc. 24 & 25 Vict.c. 97, s. 8. [cf. No. 3 of 1903.] destroying dwelling-house with explosive, a person being therein. 24 & 25 Vict.c. 97, s. 9. [cf. No. 3 of 1903.] Attempt to destroy building, etc., with explosive. 24 & 25 Vict.c. 97, s. 10.. [cf. No. 3 of 1903.] Riotious demolition of church, etc. 24 & 25 Vict.c. 97, s. 11. Riotious injury to building or machinery. 24 & 25 Vict.c. 97, s. 12. Injury to dwelling-house, etc., by tenant. 24 & 25 Vict.c. 97, s. 13. Destroying, etc., machine or engine. 24 & 25 Vict.c. 97, s. 15. [cf. No. 3 of 1903.] Setting fire to field of grass, etc. 24 & 25 Vict.c. 97, s. 16. [cf. No. 3 of 1903.] Setting fire to heap of corn, etc. 24 & 25 Vict.c. 97, s. 17. [cf. No. 3 of 1903.] Attempt to set fire to crop, etc. 24 & 25 Vict.c. 97, s. 18. [cf. No. 3 of 1903.] Destroying tree, etc., to amount of more than $5, growing in pleasure ground. 24 & 25 Vict.c. 97, s. 20. [cf. No. 3 of 1903.] Destroying tree, etc., to amount of more than $25, growing elsewhere than in pleasure ground. 24 & 25 Vict.c. 97, s. 21. [cf. No. 3 of 1903.] Destroying tree, etc., to amount of 25 cents, wheresoever growing, 24 & 25 Vict.c. 97, s. 22. [cf. No. 3 of 1903.] Destroying plant, etc., growing in garden, etc. 24 & 25 Vict.c. 97, s. 23. [cf. No. 3 of 1903.] Destroying cultivated plant, etc., not growing in garden, etc. 24 & 25 Vict.c. 97, s. 24. Destroying, etc., fence, etc. 24 & 25 Vict.c. 97, s. 25. Destroying sea-bank, etc. 24 & 25 Vict.c. 97, s. 30. [cf. No. 3 of 1903.] Removing pile of sea-bank, etc. 24 & 25 Vict.c. 97, s. 31. [cf. No. 3 of 1903.] Inquiry to bridege, etc. 24 & 25 Vict.c. 97, s. 33. [cf. No. 3 of 1903.] Injuries to railways and railway carriages. 24 & 25 Vict.c. 97, s. 35. [cf. No. 3 of 1903.] Obstructing engines or carriages on railways. 24 & 25 Vict.c. 97, s. 36. Meaning of railway Injury to electric or magnetic telegraph. 24 & 25 Vict.c. 97, s. 37. Attempt to injure electric or magnetic telegraph. 24 & 25 Vict.c. 97, s. 38. Injury to work of art in museum or public place. 24 & 25 Vict.c. 97, s. 39. [cf. No. 3 of 1903.] Killing or wounding cattle. 24 & 25 Vict.c. 97, s. 40. [cf. No. 3 of 1903.] Killing or wounding animal, not being cattle. 24 & 25 Vict.c. 97, s. 41. [cf. No. 3 of 1903.] Setting fire to ship. 24 & 25 Vict.c. 97, s. 42. [cf. No. 3 of 1903.] Setting fire to ship with intent to prejudice owner or underwriter. 24 & 25 Vict.c. 97, s. 43. [cf. No. 3 of 1903.] Attempt to set fire to ship. 24 & 25 Vict.c. 97, s. 44. [cf. No. 3 of 1903.] Placing explosive substance near ship with intent to damage it. 24 & 25 Vict.c. 97, s. 45. [cf. No. 3 of 1903.] Damaging ship otherwise than by fire. 24 & 25 Vict.c.97 s. 46. [cf. No. 3 of 1903.] Exhibiting false signal, with intent to bring ship into danger. 24 & 25 Vict.c. 97, s. 47. [cf. No. 3 of 1903.] Destroying, etc. buoy or other sea mark. 24 & 25 Vict.c. 97, s. 48. [cf. No. 3 of 1903.] Destroying wreck or any article belonging thereto. 24 & 25 Vict.c. 97, s. 49. Sending letter threatening to burn or destroy house, etc. 24 & 25 Vict.c. 97, s. 50. [cf. No. 3 of 1903.] Injuries not before provided for exceeding amount of $25. 24 & 25 Vict.c. 97, s. 51. Summary conviction in case of malicious injury. 24 & 25 Vict.c. 97, s. 52. Extension of s. 43 to tree, etc. 24 & 25 Vict.c. 97, s. 53. Making or having explosive substance, etc., with intent to commit felony. 24 & 25 Vict.c. 97, s. 54.. [cf. No. 3 of 1903.] Warrant for searching house, etc., for such explosive. 24 & 25 Vict.c. 97, s. 55. [cf. No. 1 of 1873 and No. 14 of 1901.] Punishment of principals in second degree, accessories, and abettors. 24 & 25 Vict.c. 97, s. 56. Apprehension of person loitering at night, etc. 24 & 25 Vict.c. 97, s. 57. Malice against owner of property unnecessary. 24 & 25 Vict.c. 97, s. 58. Persons in possession of property injured. 24 & 25 Vict.c. 97, s. 59. Intent to injure particular person need not be proved. 24 & 25 Vict.c. 97, s. 60. Apprehension of person in act of committing offence. 24 & 25 Vict.c. 97, s. 61. Abettors in offences punishable on summary conviction. 24 & 25 Vict.c. 97, s. 63. Application of forfeiture or penalty on summary conviction. 24 & 25 Vict.c. 97, s. 64. Committal to prison in default of payment of forfeiture or penalty. 24 & 25 Vict.c. 97, s. 65. Power for magistrate to discharge first offender. 24 & 25 Vict.c. 97, s. 66. Summary conviction to bar any other proceeding for the same cause. 24 & 25 Vict.c. 97, s. 67. Fine and sureties for keeping the peace. 24 & 25 Vict.c. 97, s. 73.
An Ordinance to consolidate and amend the laws relating to malicious infuries to property.
1. This Ordinance may be cited as the Malicious Damae Ordinance, 1865.
Injuries by fire to buildings and goods therein.
2. Every person who unlawfully and maliciously sets
fire to any church, chapel, meeting house, or other place of
dovine worship shall be guilty of felony, and shall be liable
to imprisonment for life, and, if a male under the age of
sixteen years, with or without whipping.
3. Every person who unlawfully and maliciously sets
fire to any dwelling-house, any person being therein, shall
be guilty of felony, and shall be liable to imprisonment for
life, and, if aa male under the age of sixteen years, with or
without whipping.
4. Every person who unlawfully and maliciously sets
fire to any house, stable, coach-house, out-house, warehouse,
godwon, office, ship, store, mill, storehouse, granary, hovel,
shed, or fold, or to any farm building, or to any building
or erection used in farming land or in carrying on any trade
or manufacture or any branch thereof, whether the same
is then in the possession of the offender or in the possession
of any other person, with intent hereby to injure or defraud
any person, shall be guilty of felony, and shall be liable to
imprisonment for life, and, if a male under the age of
sixteen years, with or without whipping.
5. Every peson who unlawfully and maliciously sets
fire to any engine-house, warehouse, or other building
belonging or appertaining to any port, dock, or harbour
shall be guilty of felony, and shall be liable to imprisonment
for life, and, if a male under the age of sixteen years, with
or without whipping.
6. Every person who unlawfully and maliciously sets
fire to any building, other than such as are in this Ordinance
before mentioned, belonging to the King or to the Colony,
or devoted or dedicated to public use of ornament, or
erected or maintained byu public subscription or contribution,
shall be guilty of felony, and shall be liable to imprisonment
for life, and, if a male under thte age of sixteen years, with
or without whipping.
7. Every person who unlawfully and maliciously sets
fire to any building other than such as are in this Ordinance
before mentioned shall be guilty of felony, and shall be
liable to imprisonment for any term not exceeding fourteen
years, and, if a male under the age of sixteen years, with or
without whipping.
8. Every person who unlawfully and maliciously sets
fire to any matter or thing being, in, against, or under any
* See No. 10 of 1886, Second Schedule.
building, in such circumstances that, if the building were
thereby set fire to, the offence would amount to felony,
shall be guilty of felony, and shall be liable to imprisonment
for any term not exceeding foruteen years, and, if a male
under the age of sixteen years, with or without whipping.
9. Every person who unlawfully and maliciously by
any overt act attempts to set fire to any building or to
any matter or thing mentioned in section 8, in such
circumstances that, if the same were thereby set fire to, the
offender would be guilty of felony, shall be guilty of felony,
and shall be liable to imprisonment for any term not exceed-
ing fourteen years, and, if male a under the age of sixteen
years, with or without whipping.
Injuries by explosive substances to buildings
and goods therein.
10. Every person who unlawfully and maliciously, by
the explosion of gunpowder or other explosive substance,
destroys, throws down, or dmamages the whole or any part of
any dewlling-house, any person being therein, or of any
building whereby the life of any peson is endangered, shall
be guilty of felony, and shall be liable to imprisonment for
life, and, if a male under the age of sixteen years, with or
without whipping.
11. Every person who unlawfully and maliciously places
or throws in, into, upon, under, against, or near any build-
ing any gunpowder or other explosive substance, with intent
to destroy or damage any building or any engine, machinery,
working tools, fixtures, goods, or chattels, shall, whether or
not any explosion takes place and whether or not any damage
is caused, be guilty of felony and shall be liable to imprison-
ment for any term not exceeding fourteen years, and, if a
male under the age of sixteen years, with or without whip-
ping.
Injuries to buildings by rioters, etc.
12. If any persons, riotously and tumultously assembled
together to the disturbance of the public peace, unlawfully
and with force demolish, pull down, or destroy, or begin to
demolish, pull down, or destroy-
* See No. 10 of 1886, Second Schedule.
+ As amended by Law Rev. Ord., 1923.
(1) any church, chapel, meeting house, or other place of
divine worship; or
(2) any house, stable, coach-house, out-house, warehouse,
godown, office, shop, store, mill, storehouse, granary, hovel,
shed, or fold or any building or erection used in farming
land or in carrying on any trade or manufacture or any
branch thereof ; or
(3) any building, other than such as are in this section
before mentioned, belonging to the King to the Colony,
or devoted or dedicated to public use or ornament, or erected
or maintained by public subscription or contribution ; or
(4), any machinery, whether fixed or movable, prepared
for or employed in the business of any manufacture or in any
branch thereof,
every such offender shall be guilty of felony, and shall be
liable to imprisonment for life.
18. If any persons, riotously and tumultuotisly assembled
together to the disturbance of the public peace, unlawfully
and with force injuire or damage any such church, chapel,
meeting house, place of divine worship, house, stable, coach-
house, out-house, warehouse; godown, office, shop, store, mill,
storehouse, granary, hovel, shed, fold, building, erection, or
machinery as is mentioned in section 12, every such offender
shall be guilty of a misdemeanor, and shall be liable to im-
prisonment for any term not exceeding seven years : Provided
that if, on the trial of any person for any felony mentioned
in section 12, the jury are not satisfied that such person is
guilty thereof, but are satisfied that he is guilty of any
offence mentioned in this section, then the jury may find him
guilty thereof, and he may be punished accordingly.
Injuries to buildings by tenants.
14. Every0 person who, being possessed of any dwelling-
house or other building or part of any dwelling-house or
other building, held for any term of years, or other less
or at will, or held over after the termination of any tenancy,
unlawfully and maliciously-
(1) pulls down or demolishes, or begins to pull down or
demolish, the same or any part thereof. or
As amended by Law Rev. Ord., 1923.
See No. 10 of 1886, Second Schedule.
(2) pulls down or severs from the freehold any fixture be-
ing fixed in or to such dwelling-house or building or part of
such dwelling-house or building,
shall be guilty, of a misdemeanor, and shall be liable to im-
prisonment for any term not exceeding eighteen months.
Injuries to machinery, etc.
Every person who unlawfully and maliciously cuts,
breaks, or destroys, or damages with intent to destroy or to
render useless, any machine or engine, whether fixed or
movable, used or intended to be used in any manufacture
whatsoever, shall be guilty of felon, and shall be liable to
imprisonment for any term not exceeding seven years, and, if
a male under the age of sixteen years, with or without whip-
ing.
Injuries to crops, trees, and vegetable productions.
16. Every person who unlawfully and maliciously sets fire
to any field or piece or crop of grass, rice, grain, or pulse,
or of any cultivated vegetable produce, whether standing
or cut down or to an part of any wood, coppice, or planta-
tion of trees, or to any heath, gorse, furze, or fern,
wheresoeverthe same, may be growing, shall be guilty of
felony, and shall be liable to imprisonment for any term not
exceeding fourteen years, and, if a male under the age of
sixteen years, with or without whipping.
17. Every person who unlawfully and maliciously sets
fire to any heap or stack of corn, rice, grain, pulse, tares,
hay, straw, or of any cultivated vegetable produce, or to any
heap, or stack of coals, or wood, or to any other substance
used for fuel, shall be guilty of felony, and shall be liable to
imprisonment for life, and, if a male under the age of sixteen.
years with or without whipping.
18. Every person who unlawfully and maliciously by any
overt act attempts, to set any such matter or thing
as is mentioned either in section 16 or section 17, in such
circumstances that, if the same were thereby set fire to, the
offender would, under either of such sections, be guilty of
felony, shall be guilty of felony, and shall be liable to
* See No. 10 of 1886, Second Schedule.
+ As amended by Law Rev. Ord., 1923.
imprisonment for any term not exceeding seven years, and,
if a male under the age of sixteen years, with or without
whipping.
19. Every person who unlawfully and maliciously cuts,
breaks, barks, roots, up, or otherwise destroys or damages
the whole or any part of any tree, sapling, or shrub, or any,
underwood, growing in any pleasure ground, garden, orchard,
or avenue, or in any ground adjoining orbelonging to any
dwelling-house. (in case the amount of the injury done
exceeds the sum of five dollars) shall be guilty of felony, and
shall be liable to imprisonment for any term not exceeding
three years, and, if a male under the age of sixteen years,
with or whithout whipping.
20. Every person who unlawfully and maliciolisly cuts,
break, barks, roots up, or otherwise destroys or damages the
whole or any part of any tree, sapling, or shrub, or any
underwood, growing elsewhere than in any pleasure ground
garden, orchard, or avenue, or in any ground adjoining or
belonging to any dwelling-house (in case the amount of injury
done exceeds the sum of twenty-five dollars) shabll be
of feloily, and shall be liable to imprisonment for any term
not exceeding three years, and, if a male under the age of
sixteen years, with or without whipping.
21.-(1) Every person who unlawfully and maliciously
cuts, breaks, barks, root up, or otherwise destroys or
damages the whole or any, part of any tree, sapling, or shrub,
or an underwood, wheresoever the same may be growing,
the injury done being to the amount of twenty-five cents at
the least, shall upon summary conviction be liable to
imprisonment for any term not exceeding three months, or
to a fine, over and above the amount of the injury done, not
exceeding twenty-five dollars.
(2) Every person who, having been convicted of any such
offence, either against this, or any former enactment
afterwards commits any offence under this section, and is
convicted, thereof in like manner, shall for such second
be liable to imprisonment for any term not exceeding
six mohths.
See No. 10 of 1886, Second Schedule.
As amended by Law Am. Ord., 1923.
(3) Every person who, having been twice convicted of any
such offence afterwards commits any offence under, this section
shall be guilty of a misdemeanor, and shall be liable to
imprisonment for any term not exceeding two years, and, if
a male under the age of sixteen years, with or without
whipping.
22.-(1) Every person who unlawfully and maliciously
destroys, or damages with intent to destroy, any plant, root,
fruit or vegetable production growing in an garden orchard,
nursery ground, hot-house, green-house, or conservatory shall
upon summary convcition be liable to imprisonment for any
term not exceeding six months, or to a fine, over and above
the amount of the injury done, not excedding one hundred
dollars.
(2) Every person who, having been convicted of any such
offence, either against this or any former enactment,
afterwards, commits any of the said offences in this
before mentioned shall be guilty of felondy, and shall be liable
to imprisonment for any term not exceeding three years, and,
if a male under the age of sixteen, years with or without
whipping.
23.- (1) Every persbn who unlawfully and maliciously
destroys, or damages with intent to destroy, any cultivated
plant or root used for the food of man or beast, or for
medicine, or for distilling, or for dyeing, or for or in the
course of any manufacture, and growing in any land, open
or enclosed, not being a garden, orchard, or nursery
ground, shall upon summary , conviction be liable to im-
prisonment for any term not exceeding one month, or to a
fine, over and above the amount of the injury done, not
exceeding five dollars, and in default of payment thereof,
together with the costs, if ordered, shall be dealt with
as the law relating to the jurisdiciton of magistrates
provides.
(2) Every person who, having been convicted of any such
against this or any formner enactment, after-
wards commits an ofFence under this section, and is
convicted theroof in, like manner. shall be liable to im-
prisonment for any term not exceeding six months.
* As amended by, Law, Am. Ord., 1923.
Injuries to fences.
24. - Every person who unlawfully and maliciously
cuts, breaks, throws down, or in anywise destroys any fence or
paling of ally description whatsoever, or any wall, stile, or
gate, or any part thereof respectively, shall upon
conviction be liable for the first offence to fine, over and
above the amount of the injury done, not exceeding twenty-
five dollars.
(2) Every person who, having been convicted of auy such
offence, either against this or any former enactment, after-
wards commits any offence under this section, and is
convicted, thereof in like manner, shall be liable to im-
prisonment for any term not exceeding six months.
Injuries to sea and river banks, etc.
25. Every person who unlawfully and maliciously-
(1) breaks down, or cuts down, or otherwise damages or
destroys any sea-bank or sea-wall, or the bank, dam, or wall
of or belonging to any river, creek, drain, reservoir, pool, or
marsh, whereby any land or building is or is in danger of
being overflowed or damaged; or
(2) throws, breaks, or cuts down, levels, undermines or
otherwise destroys any quay, wharf, jetty, lock, sluice,
floodgate, weir, tunnel, drain, watercourse, or other work
belonging to any port, harbour, dock, or reservoir, pool, or,
belonging to any navigable creek,
shall be guilty of felony, and shall be liable to imprisonment
for life, and, if a male under the age of sixteen years, with
or without whipping.
26. Every person Who unlawfully and maliciously-
(1) cuts off, draws up, or removes any piles or other
materials fixed, in the ground, and used for securing any
sea-bank, or sea-wall or the bank, dam, or wall of any river,
creek, trench, drain, aqueduct, marsh, reservoir, pool, port,
harbour, dock, quay, wharf, jetty, or lock; or
(2) opens or draws up any floodgate or sluice, or does any
other injury or mischief to any river or creek or to any
As amended by Law Am. Ord., 1923.
See No. 10 of 1886, Second Schedule.
drain, trench, or canal, with intent and so as thereby to
obstruct or prevent the carrying on, completing, or main-
taining the navigation or drainage thereof,
shall be guilty of felony, and shall be liable to imprisoment
for any term not exceeding seven years, and, if a male under
the, age of sixteen years, with or without whipping.
Injuries to bridges, viaducts, railways, etc.
27. Every person who unlawfully and maliciously pulls
or thrwws down, or in anywise destroys, any bridge (whether
over any stream of water or not) or any viaduct or aqueduct,
over or under which bridge, viaduct, or aqueduct any
highway or canal passes, or does any injury with intent and
so as thereby to render such bridge, viaduct, or aqueduct,
or the, highway or canal passing over or under the same,
or any part thereof dangerous or impassable, shall be guilty
and shall be liable to imprisonment for life, and,
if a male under the age of sixteen years, with or without
whipping.
27A.-(1) Every person who unlawfully and maliciously
puts, places, casts, or throws upon or across any railway any
wood, stone, or other matter or thing, or who unlawfully
and maliciously takes up, moves, or displaces ally rail, sleeper
or other matter or thing belonging to any railway, or who
unlawfully and maliciously turns, moves, or diverts any
points, signalling apparatus, or other machinery belonging
to any railway, or who unlawfully and maliciously makes or
shows, hides or removes, any signal or light upon, or near to
any railway, or who unlawfully and maliciously does or
causes to be done any other matter or thing, with intent, in
any of the cases aforesaid, to obstruct, upset, overthrow,
injure, or destroy any engine, tender, carriage, or truck using
such railway, shall be guiltuy of felony, and shall be liable to
imprisonment for life, and, if a male under the age of sixteen
years, with or without whipping.
(2) Every person who by any unalwful act, or by any wil-
ful omisision or neglect, obstructs or causes to be obstructed
any engine, carriage, car, or truck using any railway, or who
aids or assists therein, shall be guilty of a misdemeanor, and
shall be libale to imprisonment for any term not exceeding
two years.
* See No. 10 of 1886, Second Schedule.
(3) For the purposes of this section, railway shall in-
clude tramway.
Injuries to telegraphs.
28. Every person who unlawfully and maliciously-
(1) cuts, breaks, throws down, destroys, injures, or re-
moves any battery, machinery, wire, cable, post, or other
matter or thing whatsoever, being part of being used or
employed in or about any electric or magnectic telegraph or
in the working thereof ; or
(2) prevents or obstructs in any manner whatsoever the
sending, conveyance, or delivery of any communication by
any such telegraph,
shall be guilty of a misdemeanor, and shall be liable to im-
prisonment for any term not exceeding two years: Provided
that if it appears to a magistrate, on the examination of any
person charged with any offence against this section, that it
is not expedient to the ends of justice that the same should
be prosecuted by indictment, the magistrate may proceed
summarily to hear and determine the same, and the offender
shall be liable to imprisonment for any term not exceeding,
three months, or to a fine not exceeding fifty dollars.
29. Every person who unlawfully and maliciously by
any overt act attempts to commit any of the, offences men-
tioned in section 28 shall upon summary conviction be
liable to imprisonment for any term not exceeding three
months, or to a fine not exceeding fifty dollars.
Injuries to works of art.
Every person who unlawfally and maliciously
destroys or damages-
(1) any book, manuscript, picture, print, stature, bust, or
vase, or any other article or thing kept for the purposes of
art, science, or literature, or as an object of curiosity, in any
museum, gallery, cabinet, library, or other repository, which
museum, gallery, cabinet, library, or other repository is
either at all times or from time to time open for the admission
see No. 10 of 1886, Second Schedule.
As amended by Law Rev. Ord. 1923, and Law Am. Ord., 1923.
of the public or of any considerable number of persons to
view the same, either by the permission of the proprietor
thereof or by the payment of inoney before entering the
same; or
(2) any picture, statue, monument, or other memorial of
the dead, painted glass or other ornament or work of art, in
any church, chapel, meeting house, or other place of divine
worship, or in any building belonging to His Majesty, or to
the Colony, or to any college, or in any street, square,
churchyard, burial ground, public garden or ground; or
3. any statue or monument exposed to public view or any
ornament, railing, or fence surrounding such statue or monu-
ment,
Shall be guilty of a misdemeanor, and shall be liable to
imprisonment for any term not exceeding six months, and,
if a male under the age of sixteen years, with or without
whipping: Provided that nothing in this section shall be
deemed, to affect the, right of any person to recover, by action
at law, damages for the injury so ccommitted.
Injuries to cattle and other animals.
31. Every person who unlawfully and maliciously kills,
maims, or wounds any cattle shall be guilty of felony, and
shall be liable to imprisonment for any term not exceeding
fourteen years.
32.-(1) Every person who unlawfully and maliciously
kills, or wounds any dog, bird, beast, or other animal,
not being cattle, but being either the subject of larceny at
common law in England or being ordinarily kept in a state
of confinement or for any domestic purpose, shall upon
summary conviction be liable to imprisonment for any term
not exceeding six months, or to a fine, over and above the
amount of the injury done, not exceeding one hundred
dollars.
(2)Every person who, having been convicted of any such
offence, afterwards commits any offence under this section
shall be guilty of a misdemeanor, and shall be liable to
imprisonment for any term not exceeding twelve months.
As amended by Law Am. Ord. 1923.
Injuries to ships.
Every person who unlawfully and maliciously sets
fire to, casts away, or in anywise destroys any ship or vessel,
whether the same is complete or in an unfinished state, shall
be guilty of felony, and shall be liable to imprisonment for
life, and, if a male under the age of sixteen years, with, or
without whipping.
34. Every person who unlawfully and malciciously sets
fire to, casts away, or in anywise detroys any ship or vessel,
with intent thereby to prejudice nay owner or part owner of
such ship or vessel or of any goods on board the smae, or
any peson who has underwriten any policuy of insurance
upon such ship or vessel, or upon the freight thereof, or
upon any goods on board the same, shall be guilty of felony,
and shall be liable to imprisonment for life, and, if a male
under the age of sixteen years, with or without whipping.
35. Every person who unlawfully and maliciously by
any overt act attempts to set fire to, cast away, or destroy any
ship or vessel, in such circumstance that, if the ship or
vessel were thereby set fire to, cast away, or destroyed, the
offender would be guilty of felony, shall be guilty of
felony, and shall be liable to imprisonment for any term not
exceeding fourteen years, and, if a male under the age of
sixteen years, with or without whipping.
36. Every person who unlawfully and maliciously places
or throws in, into, upon, against, or near any ship or vessel
any gunpowder or other explosive substance, with intent to
destroy or damage any ship or vessel or any machinery,
working tools, goods, or chattels, shall, whether or not any
explosion takes place and whether or not any injury is
effected, be guilty of felony, and shall be liable to imprison-
ment for any term not exceeding fourteen years, adn, if a
male under the age of sixteen years, with or without whip-
ping.
37. Every person who unlawfully and maliciously
damages, otherwise than by fire, gunpowser, or other explosive
substance, any ship or vesel whether the same is complete
or in an unfinished state, with intent to destroy the same or
* See No. 10 of 1886, Second Schedule.
render the same useless, shall be guilty of felony, and shall
be liable to imprisonemtn for any term not exceeding seven
years, and, if a male under the age of sixteen years, with or
without whipping.
38. Every peson who-
(1) unlawfully masks, altes, or removes any light or signal
or unlawfully exhinits any false light or signal, with intent
to bring any ship, vessel, or boat into danger; or
(2) unlawfully and maliciously does anything tending to
the immediate loss or destruction of any ship, vessel, or boat,
and for which no punishment is hereinbefore provided,
shall be guilty of felony, and shall be liable to imprisonment
for life, and, if a male under the age of sixteen years, with
or without whipping.
39. Every person who unlawfully and maliciously-
(1) cuts away, casts adrift, removes, alters, defaces, sinks,
or destroys; or
(2) does any act with intent to cut away, cast adrift, remove,
alter, deface, sink, or destroy; or
(3) in any other manner injures or conceals,
any boat, buoy rope, beacon, perch, or mark used or
intended for the fuidance of seamen or the purpose ofd
navigation shall be guilty of felony, and shall be liable to
imprisonment for any term not exceeding seven years, and,
if a male under the age of sixteen years, with or without
whipping.
40. Every person who unlawfully and maliciously de-
stroys any part of any ship or vessel which is in distress, or
wrecked, stranded, or cast on shore, or any goods, mer-
chandise, or articels of any kind belonging to such ship or
vessel, shall be guilty of felony, and shall be liable to im-
prisonemtn for any term not exceeding fourteen years.
Sending letters threatening to burn or destroy houses, etc.
41. Evey person who sends, delivers, or utters, or
directly or indirectly causes, to be received, knowing the
contents thereof, any lette or writing threatening to burn
* See No. 10 of 1886, Second Schedule.
or destroy any house, barn, or other building, or any rick or
stack of rice, hay, straw, or other agricultural produce, or
any grain, rice, hay, straw, or other agricultural produce, in
or under any building, or any ship or vessel, or to kill,
maim, or wound any cattle, shall be guilty of felony, and
shall be liable to imprisonment for any term not exceeding
ten years, and, if a male unde the age of sixteen years, with
or without whipping.
Miscellaneous injuries.
42. Every person who unlawfully and maliciously com-
mits any damage, injury, or spoil to or upon any real or
personal property whatsoever, either of a public or private
nature, for which no punishement is hereinbefore provided,
the damage, injury, or spoil being to an amount exceeding
twenty-five dollars, shall be guilty of misdemeanor, and
shall be liable to imprisonment for any term nto exceeding
two years; and, in case such offence is committed between
9 p.m. and 6 a.m., shall be liable to imprisonemtn for any
term nopt exceeding five years.
43.-(1) Every person who wilfully or maliciously com-
mits any damage, injury, or spoil to or upon any real
personal property whatsoever, either of a public or private
nature, for which no punishment is hereinbefore provided,
shall upon summary conviction be liable to imprisonment
for any term not exceeding two months, or to a fine not
exceding twenty-five dollars, and also to pay such further
sum of money as amy appear to the magistrate to be a
reasonable compensation for the damage, injury, or spoil so
committed, not exceeding the sum of twenty-five dollars, which
last-mentioned sum shall, in the case of provate property,
be paid to the party aggrieved, and in the case of property
of a public nature, or wherein any public right is concerned,
shall be paid to the Treasury.
(2) If such sums of money, together with costs (if ordered)
are not paid either immediately after the conviction or wiht-
in such period as the magistrate may at the time of the
conviction appoint, the magistrate may deal with the offender
according to the law relating to summary convicton:
Provided that nothing herein contained shall extend to any
* See No. 10 of 1886, Second Schedule.
+ As amended by Law Am. Ord., 1923.
cases where the party acted under a fair and reasonable sup-
position that he had a right to do the act complained of.
44. The provisions of section 43 shall extend to any
person who wilfully or maliciously commits any injury to
any tree, sapling, shrub, or underwood for which no punish-
ment is hereinbefore provided.
Making gunpowder to commit offences and
searching therefor.
45. Every person who makes, or manufactures, or
knowingly has in his possession any gunpowder or other
explosive substance, or any dangerous or noxious thing, or
any machine, engine, instrument, or thing, with intent there-
by or by means thereof to commit, or for the purpose of
enabling any other person to commit, any of the felonies
mentioned in this Ordinance, shall be guilty of a mis-
demeanor, snd shall eb liable to imprisonment for any term
not exceeding two years, and, if a male under the age of
sixteen years, with or without whipping.
46.-(1) When any gunpowder or other explosive, dan-
gerious, or noxious substance, or any mahcine engine,
instrument, or thing, is suspected to be made, kept, or
carried for the purpose of being used in committing any of
the felonies mentined in this Ordinance, a magistrate may,
on reasonable cause assigned upon oath by any person, issue
a warrant for searching in the day-time any house, mill,
magazine, godown, storehouse, warehouse, shop, cellar,
yard, wharf, or other place, or any carriage, wagon, cart,
ship, boat, or vessel, in which the same is suspected to be
made, kept, or carried for such purpose as hereinbefore
mentioned.
(2) Every person acting in the execution of any suc war-
rant shall have, for seizing, removing to propety places, and
detaining all such gunpowder, or explosive, dangerious, or
noxious substances, and every such machine, engine, instru-
ment, or thing, found upon such search, which he may have
good cause to suspect to be intended to be used in committing
any such offence, and the barrels, packages, cases, and other
* As amended by Law Rev. Ord., 1923.
+ See No. 10 1886, Second Schedule.
receptacles in which the same may be, the same powers and
protections which are given by any Ordinance relating to
gunpowder.
Miscellaneous.
47.(1) In the case of every felony punishable under this
Ordinance, every principal in the second degree, and every
accessory before the fact, shall be punishable in the same
manner as the principal in the first degree is by this Ordi-
nance punishable.
(2) Every accessory after the fact to any felony punishable
under this Ordinance shall be liable to imprisonment for any
term not exceeding two years.
(3) Every person who aids, abets, counsels, or procures
the commission of any misdemeanor punishable under this
Ordinance shall be liable to be proceeded against, indicted,
and punished as a principal offender.
48. Any constable may take into custody, without a war-
rant, any peson whom he may find lying or loitering in any
highway, yard, or other place during the night, and whom
he may have good cause to suspect of having committed or
being about to commit any felony against this Ordinance,
and shall take such person as soon as reasonably may be
before a magistrate, to be dealt with according to law.
49. Every punishment and forfeiture by this Ordinance
imposed on any person maliciously committing any offence,
whether the same si punishable on indictment or on summary
conviction, shall equally apply and be enforced whether the
offence is committed from malice conceived against the owner
of the property in respect of which it is committed or other-
wise.
50. Every provision of this Ordinance not hereinbefore so
applied shall apply to every person who, with intent to injure
or defraud any other person, does any of the acts hereinbefore
made penal, although the offender may be in possession of
the property against or in respect of which such act is
done.
51. Where an intent to injure or defraud is one of the
constituent elements of an offence under this Ordinance, it
shall not be necessary to prove all intent to injure or defraud
any particular person, but it shall be sufficient to prove. that
the accused did theact charged with in intent to injure or
defraud, as the case may be.
52. Any person found committing any offence against this
Ordinance, whether the same is punishable on indictment or
on summary conviction, may be immediately apprehended,
without a warrant, by any officer of police, or by the owner
of the property injured or his servant, or by any person
authorised. by him, and forthwith taken before a magistrate,
to be dealt with according to law.
53. Every person who aids, abets, counsels, or procures
the commission of any offence which is by this Ordinance
punishable on summary conviction, either for every time of
its commission, or for the first and second time only, or for
the first time only, shall upon summary conviction be liable,
for every first, second, or subsequent offence of aiding, abet-
ting, counselling, or procuring, to the same forfeiture and
punishment to which a person guilty of a first, second, or
subsequent offence as a principal offender is by this Ordinance.
made liable.
64. Every sum of money which is ordered to be paid in
respect of any injury done shall e assessed in each case by
the convicting magistrate, and shall be paid to the party
aggrieved, except where he is unknown, and in that case
shall be applied in the same manner as a penalty.
Provided that where several persons join in the, commission
of the same offence, and, on conviction thereof, each is ordered
to pay a sum equivalent to the amount of the injury done,
no further, sum shall be paid to the party aggrieved than
such value or amount; and the remaining sums ordered to
be paid shall be applied in the same manner as a penalty.
55. In ever case of a summary conviction under this
Ordinance, where the sum which is ordered to be paid in
respect of the injury done, or which is imposed as a penalty
by the magistrate, is not paid, either immediately after the
As amended by No. 17 of 1919 and Law Am. Ord., 1923,
As amended by Law Am. Ord., 1923.
conviction or within such period as the magistrate way at
the time of the conviction appoint, the covicting magistrate
(unless where otherwise specially directed) may sentence the
offender to imprisonment under and in accordance with the
provisions of any Ordinance relating to the jurisdiction of
magistrates and the practice and procedure before them in
respect of offences punishable on summary conviction.
56. Where any person is summarily convicted before a
magistrate of any offence against this Ordinance, and it is a
first conviction, the magistrate may discharge the offender
from his conviction on his making such satisfaction to the
party aggrieved for damages and costs, or either bf them
as may, be ascertained by the magistrate.
57. When any person convicted of any offence punishable
on summnary conviction by virtue of this Ordinance has paid
the sum ordered to be paid together with costs, under such
conviction, or has received a remission thereof from the
Crown or from the Governor, or has suffered the imprisonment,
awarded for non-payment thereof or the imprisonment
awarded in the first instance, or has been so discharged from
his conviction by any magistrate as aforesaid, he shall be
released from all further or other proceedings for the
cause.
[s. 58, rep. No. 31 of 1922; ss. 59 and 60, rep. No.
30 of 1911.]
61.-(1) ' Whenever any person is convicted of any indict-
able misdemeanor punishable under this Ordinance, the court
.may, in addition to or in lieu of any of the punishemnts
authorised by this Ordinance, fine. the offender, and require
him to enter into his own recognizances and to find sureties,
both or either, for keeping the peace and being of good.
behaviour.,
(2) in the case of any felony punishable under this Ordi-
nance; the court may require the offender to enter into his
own recognizances and to find sureties, both or either, for
keeping the peace, in addition to any punishment authorised
by this Ordinance: Provided that no person shall be impris-
oned under this section for not finding sureties for any
term exceeding one year.
[s. 62, rep. NO. 50 of 1911]
* As amended by Law Rev. Ord., 1923.
[Originally No. 8 of 1865. No. 17 of 1919. Law Rev. Ord., 1924.] Short title. 24 & 25 Vict.c. 97. Setting fire to church, etc. 24 & 25 Vict.c. 97, s. 1. [cf. No. 3 of 1903.] Setting fire to house, a person being therein. 24 & 25 Vict.c. 97, s. 2. [cf. No. 3 of 1903.] Setting fire to house, etc. 24 & 25 Vict.c. 97, s. 3. [cf. No. 3 of 1903.] Setting fire to engine-house, etc. 24 & 25 Vict.c. 97, s. 4. [cf. No. 3 of 1903.] Setting fire to public building. 24 & 25 Vict.c. 97, s. 5. [cf. No. 3 of 1903.] Setting fire to building not specified. 24 & 25 Vict.c. 97, s. 6. [cf. No. 3 of 1903.] Setting fire to goods in any building. the setting fire to which is felony. 24 & 25 Vict.c. 97, s. 7. [cf. No. 3 of 1903.] Attempt to set fire to building, etc. 24 & 25 Vict.c. 97, s. 8. [cf. No. 3 of 1903.] destroying dwelling-house with explosive, a person being therein. 24 & 25 Vict.c. 97, s. 9. [cf. No. 3 of 1903.] Attempt to destroy building, etc., with explosive. 24 & 25 Vict.c. 97, s. 10.. [cf. No. 3 of 1903.] Riotious demolition of church, etc. 24 & 25 Vict.c. 97, s. 11. Riotious injury to building or machinery. 24 & 25 Vict.c. 97, s. 12. Injury to dwelling-house, etc., by tenant. 24 & 25 Vict.c. 97, s. 13. Destroying, etc., machine or engine. 24 & 25 Vict.c. 97, s. 15. [cf. No. 3 of 1903.] Setting fire to field of grass, etc. 24 & 25 Vict.c. 97, s. 16. [cf. No. 3 of 1903.] Setting fire to heap of corn, etc. 24 & 25 Vict.c. 97, s. 17. [cf. No. 3 of 1903.] Attempt to set fire to crop, etc. 24 & 25 Vict.c. 97, s. 18. [cf. No. 3 of 1903.] Destroying tree, etc., to amount of more than $5, growing in pleasure ground. 24 & 25 Vict.c. 97, s. 20. [cf. No. 3 of 1903.] Destroying tree, etc., to amount of more than $25, growing elsewhere than in pleasure ground. 24 & 25 Vict.c. 97, s. 21. [cf. No. 3 of 1903.] Destroying tree, etc., to amount of 25 cents, wheresoever growing, 24 & 25 Vict.c. 97, s. 22. [cf. No. 3 of 1903.] Destroying plant, etc., growing in garden, etc. 24 & 25 Vict.c. 97, s. 23. [cf. No. 3 of 1903.] Destroying cultivated plant, etc., not growing in garden, etc. 24 & 25 Vict.c. 97, s. 24. Destroying, etc., fence, etc. 24 & 25 Vict.c. 97, s. 25. Destroying sea-bank, etc. 24 & 25 Vict.c. 97, s. 30. [cf. No. 3 of 1903.] Removing pile of sea-bank, etc. 24 & 25 Vict.c. 97, s. 31. [cf. No. 3 of 1903.] Inquiry to bridege, etc. 24 & 25 Vict.c. 97, s. 33. [cf. No. 3 of 1903.] Injuries to railways and railway carriages. 24 & 25 Vict.c. 97, s. 35. [cf. No. 3 of 1903.] Obstructing engines or carriages on railways. 24 & 25 Vict.c. 97, s. 36. Meaning of railway Injury to electric or magnetic telegraph. 24 & 25 Vict.c. 97, s. 37. Attempt to injure electric or magnetic telegraph. 24 & 25 Vict.c. 97, s. 38. Injury to work of art in museum or public place. 24 & 25 Vict.c. 97, s. 39. [cf. No. 3 of 1903.] Killing or wounding cattle. 24 & 25 Vict.c. 97, s. 40. [cf. No. 3 of 1903.] Killing or wounding animal, not being cattle. 24 & 25 Vict.c. 97, s. 41. [cf. No. 3 of 1903.] Setting fire to ship. 24 & 25 Vict.c. 97, s. 42. [cf. No. 3 of 1903.] Setting fire to ship with intent to prejudice owner or underwriter. 24 & 25 Vict.c. 97, s. 43. [cf. No. 3 of 1903.] Attempt to set fire to ship. 24 & 25 Vict.c. 97, s. 44. [cf. No. 3 of 1903.] Placing explosive substance near ship with intent to damage it. 24 & 25 Vict.c. 97, s. 45. [cf. No. 3 of 1903.] Damaging ship otherwise than by fire. 24 & 25 Vict.c.97 s. 46. [cf. No. 3 of 1903.] Exhibiting false signal, with intent to bring ship into danger. 24 & 25 Vict.c. 97, s. 47. [cf. No. 3 of 1903.] Destroying, etc. buoy or other sea mark. 24 & 25 Vict.c. 97, s. 48. [cf. No. 3 of 1903.] Destroying wreck or any article belonging thereto. 24 & 25 Vict.c. 97, s. 49. Sending letter threatening to burn or destroy house, etc. 24 & 25 Vict.c. 97, s. 50. [cf. No. 3 of 1903.] Injuries not before provided for exceeding amount of $25. 24 & 25 Vict.c. 97, s. 51. Summary conviction in case of malicious injury. 24 & 25 Vict.c. 97, s. 52. Extension of s. 43 to tree, etc. 24 & 25 Vict.c. 97, s. 53. Making or having explosive substance, etc., with intent to commit felony. 24 & 25 Vict.c. 97, s. 54.. [cf. No. 3 of 1903.] Warrant for searching house, etc., for such explosive. 24 & 25 Vict.c. 97, s. 55. [cf. No. 1 of 1873 and No. 14 of 1901.] Punishment of principals in second degree, accessories, and abettors. 24 & 25 Vict.c. 97, s. 56. Apprehension of person loitering at night, etc. 24 & 25 Vict.c. 97, s. 57. Malice against owner of property unnecessary. 24 & 25 Vict.c. 97, s. 58. Persons in possession of property injured. 24 & 25 Vict.c. 97, s. 59. Intent to injure particular person need not be proved. 24 & 25 Vict.c. 97, s. 60. Apprehension of person in act of committing offence. 24 & 25 Vict.c. 97, s. 61. Abettors in offences punishable on summary conviction. 24 & 25 Vict.c. 97, s. 63. Application of forfeiture or penalty on summary conviction. 24 & 25 Vict.c. 97, s. 64. Committal to prison in default of payment of forfeiture or penalty. 24 & 25 Vict.c. 97, s. 65. Power for magistrate to discharge first offender. 24 & 25 Vict.c. 97, s. 66. Summary conviction to bar any other proceeding for the same cause. 24 & 25 Vict.c. 97, s. 67. Fine and sureties for keeping the peace. 24 & 25 Vict.c. 97, s. 73.
Abstract
[Originally No. 8 of 1865. No. 17 of 1919. Law Rev. Ord., 1924.] Short title. 24 & 25 Vict.c. 97. Setting fire to church, etc. 24 & 25 Vict.c. 97, s. 1. [cf. No. 3 of 1903.] Setting fire to house, a person being therein. 24 & 25 Vict.c. 97, s. 2. [cf. No. 3 of 1903.] Setting fire to house, etc. 24 & 25 Vict.c. 97, s. 3. [cf. No. 3 of 1903.] Setting fire to engine-house, etc. 24 & 25 Vict.c. 97, s. 4. [cf. No. 3 of 1903.] Setting fire to public building. 24 & 25 Vict.c. 97, s. 5. [cf. No. 3 of 1903.] Setting fire to building not specified. 24 & 25 Vict.c. 97, s. 6. [cf. No. 3 of 1903.] Setting fire to goods in any building. the setting fire to which is felony. 24 & 25 Vict.c. 97, s. 7. [cf. No. 3 of 1903.] Attempt to set fire to building, etc. 24 & 25 Vict.c. 97, s. 8. [cf. No. 3 of 1903.] destroying dwelling-house with explosive, a person being therein. 24 & 25 Vict.c. 97, s. 9. [cf. No. 3 of 1903.] Attempt to destroy building, etc., with explosive. 24 & 25 Vict.c. 97, s. 10.. [cf. No. 3 of 1903.] Riotious demolition of church, etc. 24 & 25 Vict.c. 97, s. 11. Riotious injury to building or machinery. 24 & 25 Vict.c. 97, s. 12. Injury to dwelling-house, etc., by tenant. 24 & 25 Vict.c. 97, s. 13. Destroying, etc., machine or engine. 24 & 25 Vict.c. 97, s. 15. [cf. No. 3 of 1903.] Setting fire to field of grass, etc. 24 & 25 Vict.c. 97, s. 16. [cf. No. 3 of 1903.] Setting fire to heap of corn, etc. 24 & 25 Vict.c. 97, s. 17. [cf. No. 3 of 1903.] Attempt to set fire to crop, etc. 24 & 25 Vict.c. 97, s. 18. [cf. No. 3 of 1903.] Destroying tree, etc., to amount of more than $5, growing in pleasure ground. 24 & 25 Vict.c. 97, s. 20. [cf. No. 3 of 1903.] Destroying tree, etc., to amount of more than $25, growing elsewhere than in pleasure ground. 24 & 25 Vict.c. 97, s. 21. [cf. No. 3 of 1903.] Destroying tree, etc., to amount of 25 cents, wheresoever growing, 24 & 25 Vict.c. 97, s. 22. [cf. No. 3 of 1903.] Destroying plant, etc., growing in garden, etc. 24 & 25 Vict.c. 97, s. 23. [cf. No. 3 of 1903.] Destroying cultivated plant, etc., not growing in garden, etc. 24 & 25 Vict.c. 97, s. 24. Destroying, etc., fence, etc. 24 & 25 Vict.c. 97, s. 25. Destroying sea-bank, etc. 24 & 25 Vict.c. 97, s. 30. [cf. No. 3 of 1903.] Removing pile of sea-bank, etc. 24 & 25 Vict.c. 97, s. 31. [cf. No. 3 of 1903.] Inquiry to bridege, etc. 24 & 25 Vict.c. 97, s. 33. [cf. No. 3 of 1903.] Injuries to railways and railway carriages. 24 & 25 Vict.c. 97, s. 35. [cf. No. 3 of 1903.] Obstructing engines or carriages on railways. 24 & 25 Vict.c. 97, s. 36. Meaning of railway Injury to electric or magnetic telegraph. 24 & 25 Vict.c. 97, s. 37. Attempt to injure electric or magnetic telegraph. 24 & 25 Vict.c. 97, s. 38. Injury to work of art in museum or public place. 24 & 25 Vict.c. 97, s. 39. [cf. No. 3 of 1903.] Killing or wounding cattle. 24 & 25 Vict.c. 97, s. 40. [cf. No. 3 of 1903.] Killing or wounding animal, not being cattle. 24 & 25 Vict.c. 97, s. 41. [cf. No. 3 of 1903.] Setting fire to ship. 24 & 25 Vict.c. 97, s. 42. [cf. No. 3 of 1903.] Setting fire to ship with intent to prejudice owner or underwriter. 24 & 25 Vict.c. 97, s. 43. [cf. No. 3 of 1903.] Attempt to set fire to ship. 24 & 25 Vict.c. 97, s. 44. [cf. No. 3 of 1903.] Placing explosive substance near ship with intent to damage it. 24 & 25 Vict.c. 97, s. 45. [cf. No. 3 of 1903.] Damaging ship otherwise than by fire. 24 & 25 Vict.c.97 s. 46. [cf. No. 3 of 1903.] Exhibiting false signal, with intent to bring ship into danger. 24 & 25 Vict.c. 97, s. 47. [cf. No. 3 of 1903.] Destroying, etc. buoy or other sea mark. 24 & 25 Vict.c. 97, s. 48. [cf. No. 3 of 1903.] Destroying wreck or any article belonging thereto. 24 & 25 Vict.c. 97, s. 49. Sending letter threatening to burn or destroy house, etc. 24 & 25 Vict.c. 97, s. 50. [cf. No. 3 of 1903.] Injuries not before provided for exceeding amount of $25. 24 & 25 Vict.c. 97, s. 51. Summary conviction in case of malicious injury. 24 & 25 Vict.c. 97, s. 52. Extension of s. 43 to tree, etc. 24 & 25 Vict.c. 97, s. 53. Making or having explosive substance, etc., with intent to commit felony. 24 & 25 Vict.c. 97, s. 54.. [cf. No. 3 of 1903.] Warrant for searching house, etc., for such explosive. 24 & 25 Vict.c. 97, s. 55. [cf. No. 1 of 1873 and No. 14 of 1901.] Punishment of principals in second degree, accessories, and abettors. 24 & 25 Vict.c. 97, s. 56. Apprehension of person loitering at night, etc. 24 & 25 Vict.c. 97, s. 57. Malice against owner of property unnecessary. 24 & 25 Vict.c. 97, s. 58. Persons in possession of property injured. 24 & 25 Vict.c. 97, s. 59. Intent to injure particular person need not be proved. 24 & 25 Vict.c. 97, s. 60. Apprehension of person in act of committing offence. 24 & 25 Vict.c. 97, s. 61. Abettors in offences punishable on summary conviction. 24 & 25 Vict.c. 97, s. 63. Application of forfeiture or penalty on summary conviction. 24 & 25 Vict.c. 97, s. 64. Committal to prison in default of payment of forfeiture or penalty. 24 & 25 Vict.c. 97, s. 65. Power for magistrate to discharge first offender. 24 & 25 Vict.c. 97, s. 66. Summary conviction to bar any other proceeding for the same cause. 24 & 25 Vict.c. 97, s. 67. Fine and sureties for keeping the peace. 24 & 25 Vict.c. 97, s. 73.
Identifier
https://oelawhk.lib.hku.hk/items/show/1074
Edition
1923
Volume
v1
Subsequent Cap No.
200
Cap / Ordinance No.
No. 6 of 1865
Number of Pages
18
Files
Collection
Historical Laws of Hong Kong Online
Citation
“MALICIOUS DAMAGE ORDINANCE, 1865,” Historical Laws of Hong Kong Online, accessed June 8, 2026, https://oelawhk.lib.hku.hk/items/show/1074.
