MALICIOUS DAMAGE ORDINANCE, 1865

MALICIOUS DAMAGE ORDINANCE, 1865

No., 3 of 1865, repealed by No. 14 Of 1929.

No. 4 of 1865, repealed.by No. 33 Of 1935.

No. 5 of 1865, repealed by, No. 32 Of 1935.

No. 6 of 1865.
An Ordinance to consolidate and amend the laws relating to
malicious injuries to property.

[14th June, 1865.]

1. This Ordinance may be cited as the Malicious Damage
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 divine
worsliip shall he guilty of felony, and shall he liable to imprison-
ment 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 a 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-houise, out-house, warehouse,
godown, office, shop, store, mill, storehouse, granary, hovel.,
shed, or fold, or to any farm building, or to any building or
erection used injarming land or in carrying on any trade or

See No. 32 of 1935, s. 61 (2) (b).
See No. 10 of 1886, Second Schedule,





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 thereby 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 person who unlawfully and maliciously sets fire
to any engine-liouse, wareliouse, 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 tinder 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 lhis Ordinance before
mentioned, belonging to the King or to the Colony, or devoted
or dedicated to public use or ornament or erected or maintained
by public subscription or contributtion, 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.

7. *Every person who unlawfully and maliciously sets fire
to any huilding 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 iny matter or thing being in, against, or under any 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
fourteen 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
felony, shall be guilly of felony, and shall be liable to
imprisonment for any term not exceeding fourteen years, and,

*See No. 10 of 1886, Second Schedule,





if a male. 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 damages the whole or any part of any dwelling-
house, any person being therein, or of any building whereby the
life of any person 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, tinder, against, or near any building
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 imprisonment
for any term not exceeding foxirteen years, and, if a mate under
the age of'sixteen years, with or without whipping.

Injuries to buildings by noters, etc.

12- *if any persons, 1 riotously and tumultuously 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-

(i) any church, chapel, meeting house, or other place of
divine worship; or

(2) any house, stable, coach-house, out-house, warehouse,
godown, offi~e, shop, store, ruill, 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 or to the Colony, or
devoted or dedicated to public use or ornament, or erected or
maintained by public subscription or contribution; or

See No. 10 of 1886, Second Schedule.





(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.

13. *If any persons, riotously and tumultuously assembled
together to the disturbance of the public peace, unlawfully and
with force injure 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 imprison-
irient 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 satished 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. Every person who, being possessed of any dwelling-
house or other building or part of any dwelling-house orother
building, held for any term of years, or other less term, or at
will, or held over after the termination of any tenancy, unlawfully
and maliciously-

(i) pulls down or demolishes, or begins to pull down or
demolish, the same or any part thereof; or

(2) pulls down or severs from the freehold any fixture being
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 imprison-
ment for any term not exceeding eighteen months.

Injuries to machinery, etc.

15. *Every person who unlawfully and maliciousiv cuts,
breaks, or destroys, or damages with intent to destroy or to

See No. 10 of 1886, Second Schedule.





render useless, any machine or engine, whether fixed or movable,
used or intended to be used in any manufactuie whatsoever,
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 wittiout whipping.

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 any part of any wood, coppice, or plantation of
trees, or to any heath, gorse, furze, or fern, wheresoever the
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 ;hall be liable to imprison-
ment for life, and, if a male under the age of sixteen years, with
or without whipping.

18. tEvery person who unlawfully and maliciously by any
overt act attempts to set fire to any such matter or thing is is
mentioned either in section 16 or section 17, in such circum-
stances 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 imprisonment for any
tern! not exceeding seven years, and, if a male under the age
of sixteen years, with or without whipping.
[ss. 19, 20, 21, 22, 23 and 24, rep. No. 40 Of 1932.]

Injuries to sea and river banks, etc.

25. *Every person who unlawfully and maliciously-
(i) 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

See No. 10 of 1886, Second Schedule.
Forest Officers may arrest without warrant in respect of offences against
the provisions of this section. See No. 11 of 1937, s. 17 and Sch.





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, or on or belonging to
any naviglable 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-

(i ) 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, darn, 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 drain,
trench, or-canal, with intent and so as thereby to obstruct or
prevent the carrying on, completing, or maintaining the
navigation or drainage thereof,

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.

Injuries to bridges, viaducls, railways, etc.

27. *Every person who unlawfully and maliciously pulls
or throws 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 of felony, and shall
be liable to imprisonment for life, and, if a male under the age
of sixteen years, with or without whipping.,

See No. 10 of 1886, Second Schedule.





27A. *-(i) Every person who unlawfully and maliciously
puts, places, casts, or- throws upon or across any railway any
wood, stone, or other i-natter or thing, or who unlawfully and
maliciously takes up, moves, or displaces any 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 rail-
way, or who unlawfully and malici.ously does or causes to be
done any otlfer 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
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.

(2) Every person who by any unlawful act, or by any
wilful omission or neglect, obstructs or causes to be obstructed
any engine, carriage, car, or truck using any railway, or who
aids dr assists therein, shall be guilty of a misdemeanor, and
shall be liable to imprisonment for any term not exceeding two
years.

(3) For the purposes of this section, ' railway ' shall
include ' tramway '.

Injuries. to telegraphs.

28. *Every person who unlawfully and maliciously-
(i) cuts, breaks, throws ' down, destroys, injures, or re-
moves any battery, machinery, wire, cable, post, or other
matter or thing whatsoever, being part of or being used or
employed in or about any electric or magnetic 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 inisdemeanor,.and shall be liable to im-
prison . ment for any term not exceeding two years.

See No. 10 of 1886, Second Schedule.
t As amended by Law Rev. Ord., 1937.





29. *Every person who unlawfully and maliciously by any
overt act attempts to commit any of the offences mentioned in
section 28 shall upon summary conviction be liable to imprison-
merit for any term not exceeding three months, or to a -fine not
exceeding fifty dollars.

Iniuties to utorks of art.

30. *Every person who unlawfully and maliciously destroys
or damages-

(i) any book, manuscript, picture, print, statue, 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 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 money 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 an),
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,

1
shall be guilty of a misdemeanor, and shall be liable to imprison-
ment for any term not exceeding six months, and, if a malt.
tinder 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 committed.

Injuries lo cattle and other ainnials.

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.

See No. 10 of 1886, Second Schedule





32.-(1) Every person who unlawfully and maliciously
kills, maims, or wounds any dog, bird, beast, or other animal,
not being cattle, but being either the subject of larceny at
comnion 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.

Injuries to ships.

33. *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 maliciously sets fire
to, casts away, or in anywise destroys any ship or vessel, with
intent thereby to prejudice any owner or part owner of such
ship or vessel or of any goods on board the same, or any person
who has underwritten any policy 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 vLo unlawfully and maliciously by any
overt act attempts to set fire to, cast away, or destroy any ship
or vessel, in such ciretinist.--inces 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 impr isonment for any, term not exceeding fourteen years,
and, if a male under the age of sixteen years, with or without
whipping.

8,e No. 10 of 1886, Second Schedule.





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 imprisonment for any
term not exceeding fourteen years, and, if a male under the age
of sixteen years, with or without whipping.

37. *Every person who unlawfully and maliciously damages,
otherwise than by fire, gunpowder, or other explosive substance,
any ship or vessel whether the same is complete or in an
unfinished state, with intent to destrov the same or render the
same useless, shall be -uilty of felony, and shall be liable to
r5 -
imprisonment for any term not exceeding seven years, and, if a
male under the age of sixteen years. with or without whipping.

38. Every person who-

(i) unlawfully masks, alters, or removes any light or signal
or unlawfully exhibits any fats-- light or signal, with intent to
bring iny 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-

(i) 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, buoy rope, beacon, perch, or mark used or
intended for the guidance of seamen or the purpose of
navigation shall he guilty of felony, and shall be liable to

Set No. 10 of 1886, Second Schedule.





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 destroys
any part of any ship or vessel whic~ is in distress, or wrecked,
stranded, or cast on shore, or any goods, merchandise, or
articles of any kind belonging to such ship or vessel, shall
be guilty of felony, and shall be liable to imprisonment for any
term not exceeding fourteen years.

Sending letters threatening to burn or destroy houses, etc.

41. *Every person who sends, delivers, or titters, or directly
or indirectly causes to . be received, knowing the contents
thereof, any letter or writing threatening to burn 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 tinder the age of sixteen years, with or without whipping.

MisceLlaneous injuries.

42. *Every person who unlawfully and maliciously commits
any damage, injury, or spoil to or upon any real or personal
property whatsoever, either of a public or private nature, for which
no punishment is hereinbefore provided, the damage, injury,
or spoil being to an amount exceeding twenty-five dollars, shall
be guilty of a misdemeanor, and shall be liable to imprison-
ment for any term not exceeding two years; and, in case such
offence is committed between 9 p.m. and 6 a.m., shall he liable
to imprisonment for any term not exceeding five years.

43.*-(1) Every person who wilfully or maliciously commits
any damage., injury, or spoil to or upon any real or 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 exceeding twenty-five

* See No. 10 of 1886, Second Schedule.





dollars, and also to. pay such further Is.urn of money as may
appear to the magistrate to be a reasonable compensation for
the damage, injury, or spoil so committed, not exceeding, the
surn of twenty-five dollars, which last-mentioned sum shall, in
the case of private property, be paid to the party aggrieved,
and in the ~ase of property of a-public nature, or wherein any
public right is concerned, shall be paid to the Treasur~

(2) If such sums of money, together with costs (if ordered)
are not paid either immediately after the conviction or within
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 conviction Provided that
nothing herein contained shail extend to any case where the
party acted under a fair and reasonable supposition 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 punishment is
hereinbefore provided.

Making gunpowder to commit offences and
searching therefo-r.

45. *Ever * v person who makes, or manufactures, or know-
ingly 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 thereby or by means
thereof to commit, or for the purpose of enabling any other
person to commit, any of the felonies mentioned in this Ordin-
ance, shall be guilty of a misdemeanor, and shall be liable.
lo 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-
gerous, or noxious substance, ' or any machine, engine, instru-
ment, or thing, is suspected to be made, kept, or carried for
the purpose of being used in committing any of the felonies
mentioned in this Ordinance, a magistrate may, on reasonable
cause assi ned upon oath by any person, issue a warrant for
9

See No. 10 of 1886, See6nd Schedule.





searching ir, 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 such warrant
shall have, for seizing, removing to proper places, and detaining
all such gunpowder, or explosive, dangerous, or noxious sub-
stances, and ever~v such machine, engine, instrument, 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 receptacles
in which the same may be, the sanic powers and protections
which are given by any Ordinance relating to gunpowder.

Miscellaneous.
47.-0) 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 Ordinance
punishable.
(2) Every accessory after the fact to any felony punishable
under. this 6rdinance 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 he proceeded against, indicted, and
punished as a principal offender.
IS - 48, rep. Law Revision Ordinance, 1937.1

'49. Every punishment and forfeiture by this Ordinance
imposed on any pe 1 rson maliciously committing any offence,
whether the same . is punishable on indictment or on summary
conviction,. shall equally apply and be enforced whether the
offence is committed from mAice conceived against the owner
of the property in respect of which it is committed or otherwise.

50. Every provision of this Ordinance not h ' ereinbefore 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 he 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 an intent to injure or defraud any
particular person, but it shall be sufficient to prove that the
accused did the act charged with an 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 sumniary 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
authorized by him, and forthwith taken before a magistrate, to
be dealt with according to law.

[s. 5,3, rep. Law Revision Ordinance, 1937.1

54. Every sum of money which is ordered to be paid in
respect of any injury done shall be assessed in each case by the
convicting magistrate, and shall be paid _o the party aggrieved,
except where be is unknown, and in that case such sum 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;
ard the remaining sums ordered to be paid shall be applied in
the same manner as a penalty.

55. In every case- of a summary conviction under this
Ordinance, where the ~,um 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 afte, tl-e
conviction or within such period as *the magistrate may at the
time of the conviction appoint, the convicting magistrate (unless
where otherwise specially directed) may sci),.ence 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 summarv 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 of them, as may be
ascertained by the magistrate.

57. When any person convicted of any oifence punishable
on summary 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, lie shall be released from all
further or other proceedings for the same cause.

[s. 58, rep. No. 31 of 1911; ss. 59 and 60, rep. No.
30 of 1911.]

61.-(1) Whenever any person is convicted of any indict-
able misdemeanor punishabic under this Ordinance, the court
may, in addition to or in lieu of any of the punishments
authorized by this Ordinance, line 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 Ordin-
ance, 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 authorized by this
Ordinance: Provided that no person shall be imprisoned under
this section for not finding sureties for any term exceeding one
year.

[s. 62, rep. No. 50 of 1911.]
[20.9.29.] [6.9.35.] [6.9.35.] [Originally No. 8 of 1805. No. 40 of 1932. Law Rev. Ord. 1937.] 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.] Riotous demolition of church, etc. 24 & 25 Vict. c. 97, s. 11. Riotous 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.] [1.1.33.] Destroying sea-bank, etc. 24 & 25 Vict. c. 97, s. 30. [cf. No. 3 of 1903 & No. 40 of 1932, s. 8 (b).] Removing pile of sea-bank, etc. 24 & 25 Vict. C. 97, s. 31. [cf. No. 3 of 1903.] Injury to bridge, 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 7 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. Malice against owner of property unnecessary. 24 & 25 Vict. C. 97, s. 58. Person 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. 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.

[20.9.29.] [6.9.35.] [6.9.35.] [Originally No. 8 of 1805. No. 40 of 1932. Law Rev. Ord. 1937.] 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.] Riotous demolition of church, etc. 24 & 25 Vict. c. 97, s. 11. Riotous 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.] [1.1.33.] Destroying sea-bank, etc. 24 & 25 Vict. c. 97, s. 30. [cf. No. 3 of 1903 & No. 40 of 1932, s. 8 (b).] Removing pile of sea-bank, etc. 24 & 25 Vict. C. 97, s. 31. [cf. No. 3 of 1903.] Injury to bridge, 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 7 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. Malice against owner of property unnecessary. 24 & 25 Vict. C. 97, s. 58. Person 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. 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.

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