MALICIOUS DAMAGE ORDINANCE

MALICIOUS DAMAGE ORDINANCE

CHAPTER 211.

THE MALICIOUS DAMAGE ORDINANCE.

ARRANGEMENT OF SECTIONS.

Section Page

1. Short title ............................ ... ... ... ... ... ... 69

2- 9. Injuries by fire to buildings and goods therein ... ... 69

10-11. Injuries by explosive substances to buildings and goods

therein ................... . ........ ... ... ... ... 70

12-13. Injuries to buildings by rioters, etc . ... ... ... ... 71

14. Injuries to buildings by tenants ......... ... ... ... ... 72

15. Injuries to machinery, etc . .......... ... ... ... ... ... 72

16-18. Injures by fire to crops, trees and vegetable productions 72

19-20. Injuries to sea and river banks, etc . ... ... ... ... 73
21-22. Injuries to bridges, viaducts, railways, etc . ... ... ... 74

23-24. Injuries to telegraphs ................. ... ... ... ... 75
25. Injuries to works of art ............ ... ... ... ... 75

26-27. Injuries to cattle and other animals ... ... ... ... ... 76

28-35. Injuries to ships ................... ... ... ... ... ... 76

36. Sending letters threatening to burn or destroy houses, etc. 78

37-39. Miscellaneous injuries ................. ... ... ... ... 78

40-41. Making gunpowder to commit offences. Searches therefor. 79

42. Principals and accessories ............ ... ... ... ... ... 80

43. Malice against owner of property -unnecessary ... ... 81

44. Offence although offender in possession of the property 81

45. Intent to injure or defraud ............ ... ... ... ... ... 81

46. Apprehension of person committing offence ... ... ... 81

47. Application of forfeiture or penalty on summary conviction. 81

48. Committal to prison in default of payment ... 82

49. Power for magistrate to discharge first offender ... ... 82
50. Summary conviction to bar any other proceeding ... ... 82

51. Fine and sureties for keeping the peace ... ... ... 82

68 -





CHAPTER 211.

MALICIOUS DAMAGE.

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.

Injuries by fire to buildings and goods therein.

2. Any person who unlawfully and maliciously sets fire to any
church, chapel, meeting house, or other place of divine worship shall be
guilty of felony, and shall be liable to imprisonment for life, and, if a male
under the sixteen years, with or without whipping.

3. Any 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. Any person who unlawfully and maliciously sets fire to any
house, stable, coach-house, 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 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 thereby to injure or defraud any
person, shall be guilty of felony, and shall be liable to imprisonment for
life, male under the age with or without whipping

5. Any person 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. Any 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 or ornament, or erected or maintained by public subscription
or contribution, 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. Any 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
fourteen years, and, if a male under the age of sixteen years, with or
without whipping.

8. Any person who unlawfully and maliciously sets fire to any
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
imprison:ment for. fourteen years and, if. a. male 'under. the- age of
sixteen years with or without whipping.

9. Any 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 fourteen years, and, if a male
under the age of sixteen years, with or without whipping.

Injuries by explosive substances to buildings and
goods therein.

10. Any 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 dwellinghouse, 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. Any person who unlawfully and maliciously places or throws
in, into, upon, under, 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 felon), and shall be
liable to imprisonment for fourteen years,

under the age of sixteen years with or without whipping

Injuries to buildings by rioters, etc.

12. If any persons, 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

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

(b) any house, stable, coach-house, out-house, ware- house,
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

(c)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 subs- or contribution; or

(d)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
imprisonment for 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. Any 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 term, or at will, or held over after the
termination of any tenancy, unlawfully and maliciously

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

(b)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 triable summarily, and shall be liable to
imprisonment for eighteen months.

Injuries to machinery, etc.

15. Any 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 felony, and
shall be liable to imprisonment for seven years, and, -if a male under the
age years, with or without

Injuries by fire to crops, trees, and vegetable productions.

16. Any 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 fourteen years, and, if a male
under the age of sixteen years with- or-without whipping.

17. Any 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. Any person who unlawfully and maliciously by any overt act
attempts to set fire to any such matter or thing as is mentioned either in
section 16 or 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 imprisonment for seven years, and, if a
male under the age of sixteen years, with or without whipping.

Injuries to sea and rive7 banks, etc.

19. Any person who unlawfully and maliciously-

(a) 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 or
being overflowed or damaged; or

(b) 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 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 [25

20. Any person who unlawfully and maliciously-

(a)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

(b)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 seven years, and, if a male under the age of sixteen years,
with or without whipping. [26

Injuries to bridges, viaducts, railways,, etc.

21. Any 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 high-
way 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 tinder 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. [27

22. (1) Any 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 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 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 guilty of felony, and shall be liable to
imprisonment for life, and, if a male under the age of sixteen years, with
or without out whipping.

(2) Any 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 an), railway, or who aids or assists therein, shall be
guilt), of a misdemeanor triable summarily, and shall be liable to
imprisonment for two years.





(3) For the purposes of this section, 'railway'
shall
include 'tramway'.
[27A

Injuries to telegraphs.

23. Any person who unlawfully and maliciously-

(a) cuts, breaks, throws down, destroys, injures, or removes 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

(b)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 triable summarily, and
shall, be liable to imprisonment for two years. [28

24. Any person who unlawfully and maliciously by
any overt act attempts to commit any of the offences
mentioned in section 23 shall upon summary conviction be
liable to a fine of five hundred dollars or to imprisonment
for three months. [29

Injuries to works of art.

25. Any person who unlawfully and maliciously

destroys or damages-

(a)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

(b)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

(c)any statue or monument exposed to public view or any
ornament, railing, or fence surrounding such statue or
monument,

shall be guilty of a misdemeanor, and shall be liable to
imprisonment for 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 committed. [30

Injuries to cattle and other animals.

26. Any person who unlawfully and maliciously kills, maims, or
wounds any cattle shall be guilty of felony, and shall be liable to
imprisonment for fourteen years. [31

27. (1) Any 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 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 a fine, over and above the
amount of the injury done, of five hundred dollars or to imprisonment
for six months.

(2) Any person who, having been convicted of any such offence,
afterwards commits any offence under this section shall be guilty of a
misdemeanor, triable summarily and shall be liable to imprisonment for
twelve months. [32

Injuries to ships.

28. Any 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 male under the age of
sixteen years, with or without whipping. [33

29. Any 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
guilt), 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

30. Any person who unlawfully and maliciously by any
overt act attempts to set fire to, cast away, or destroy any
ship or vessel, in such circumstances 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 fourteen years, and,
if a male under the -age -of - sixteen- years, with or without
whipping. [35

31. Any 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 fourteen years, and, if a male under the-age of
sixteen years, with or without whipping [36

32. Any person who unlawfully andmaliciously
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 destroy
the same or render the same useless, shall be guilty of
felony, and shall. be liable to imprisonment for seven years,
and, if a male under the age of sixteen years. with or
without whipping, [37

33. Any person who-

(a)unlawfully masks, alters, or removes any light or signal or
unlawfully exhibits any false light or signal, with intent to
bring any ship, vessel, or boat into danger; or

(b)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 imprison-
ment for life, and, if a male under the age of sixteen years,
with or without whipping [38

34. Any person who unlawfully and maliciously-

(a)cuts away, casts adrift, removes, alters, defaces, sinks,
or destroys; or

(b)does any act with intent to cut away, cast adrift,
remove, alter, deface, sink, or destroy; or

(c) 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 be guilty of felony, and shall be liable to
imprisonment for seven years, and if a male under the age
of sixteen years, with or without whipping. [39

35. Any person who unlawfully and maliciously
destroys any part of any ship or vessel which 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 fourteen years. [40

Sending letters threatening to burn or destroy houses, etc.

36. Any person who sends, delivers, or utters, 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 ten years, and, if a
male under the age. of sixteen years -with. or without
whipping---. [41

Miscellaneous injuries.

37. Any 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 triable
summarily, and shall be liable to imprisonment for two
years; and, in case such offence is committed between 9
p.m. and 6 a.m., shall be guilty of a misdemeanor and liable
to imprisonment for five years. [42

38. (1) Any person who wilfully or maliciously com 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 a fine of two hundred and fifty dollars or
to imprisonment for two months, and also to pay such further
sum of money as may appear to the magistrate to be a
reasonable compensation for the damage, injury, or spoil so
committed, not exceeding the sum of one hundred dollars, which
last-mentioned sum shall, in the case of private 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 cos costs (if
ordered) are riot paid either immediately after the convic-
tion 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 shall
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. [43

39. The provisions of section 18 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. [44

Making gunpowder to commit offences and
searching therefor.

40. Any 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





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 Ordinance, shall be guilty of a
misdemeanor, and shall be liable to imprisonment for two
years, and, if a male under. the - age of sixteen years - with
without whipping [45

41. (1) When any gunpowder or other explosive, dangerous, or
noxious substance, or any machine, engine, instrument, 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 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) Any 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 substances, and every such machine, engine,
instrument, or thing, found upon such search, which lie
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
same powers and protections which are given by any
Ordinance relating to gunpowder. [46

Miscellaneous

42. (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 Ordinance punishable.

(2) Any accessory after the fact to any felony punishable under
this Ordinance shall be liable to imprisonment for two years.

(3) Any 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. [47

43. Any punishment and forfeiture by this Ordinance
imposed on any person 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 malice conceived against the owner
of the property in respect of which it is committed or otherwise.
. [49

44. Any 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. [50

45. 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. [51

46. 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 police officer, 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. [52

47. Any 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 to the party aggrieved,
except where he 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; and the remaining
sums ordered to be paid shall be applied in the same manner
as a penalty. [54

48. In any case of a summary conviction tinder 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 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 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. [55

49. 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. [56

50. When any person convicted of any offence punish-
able 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 afore-
said, he shall be released from all further or other proceed-
ings for the same cause. [57

51. (1) Whenever any person is convicted of any
indictable misdemeanor punishable under this Ordinance,
the court may, in addition to or in lieu of any of the
punishments authorized 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 Ordinance, 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.

(3) No person shall be imprisoned under this section for not
finding sureties for any term exceeding one
year. [61
Originally 8 of 1865, Fraser 6 of 1865. 22 of 1950. 24 of 1950. Short title. 24 & 25 Vict. C. 97. Setting fire to church, etc. 24 & 25 Vict. C. 97, s. 1. Setting fire to house, a person being therein. 24 & 25 Vict. C. 97, s. 2. Setting fire to house, etc. 24 & 25 Vict. c. 97, s. 3. Setting fire to engine-house, etc. 24 & 25 Vict. c. 97, s. 4. Setting fire to public building. 24 & 25 Vict. C. 97, s. 5. Setting fire to building not specified. 24 & 25 Vict. C. 97, s. 6. Setting fire to goods in any building, the setting fire to which is felony. 24 & 25 Vict. C. 97, s. 7. Attempt to set fire to building, etc. 24 & 25 Vict. c. 97, s. 8. Destroying dwelling-house with explosive, a person being therein. 24 & 25 Vict. c. 97, s. 9. Attempt to destroy building. etc., with explosive. 24 & 25 Vict. C. 97, s. 10. 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. [s. 13 cont.] Injury to dwelling-house, etc., by tenant. 24 & 25 Vict. C. 97, s. 13. 22 of 1950, s. 3. Destroying, etc., machine or engine. 24 & 25 Vict. C. 97, s. 15. Setting fire to field of grass, etc. 24 & 25 Vict. C. 97, s. 16. Setting fire to heap of corn, etc. 24 & 25 Vict. c. 97, s. 17. Attempt to set fire to crop, etc. 24 & 25 Vict. C. 97, s. 18. Destroying sea-bank, etc. 24 & 25 Vict. C. 97, s. 30. Removing pile of sea-bank, etc., 24 & 25 Vict. C. 97, s. 31. [s. 29 cont.] Injury to bridge, etc. 24 & 25 Vict. C. 97, s. 33. Injuries to railways and railway carriages. 24 & 25 Vict. C. 97, s. 35. Obstructing engines or carriages on railways. 24 & 25 Vict. C. 97, s. 36. 22 of 1950, s. 3. Meaning of 'railway'. Injury to electric or magnetic telegraph. 24 & 25 Vict. C. 97, s. 37. 22 of 1950, s. 3. Attempt to injure electric or magnetic telegraph. 24 & 25 Vict. C. 97, s. 38. 22 of 1950, Schedule. Injury to work of art in museum or public place. 24 & 25 Vict. c. 97, s. 39. [s. 25 cont.] Killing or wounding cattle. 24 & 25 Vict. C. 97, s. 40. Killing or wounding animals, not being cattle. 24 & 25 Vict. C. 97, s. 42. Setting fire to ship with intent to prejudice owner or underwriter. 24 & 25 Vict. C. 97, s. 43. Attempt to set fire to ship. 24 & 25 Vict. C. 97, s. 44. Placing explosive substance near ship with intent to damage it. 24 & 25 Vict. C. 97, s. 45. Damaging ship otherwise than by fire. 24 & 25 Vict. C. 97, s. 46. Exhibiting false signal with intent to bring ship into danger. 24 && 25 Vict. c. 97, s.47. [s. 33 cont.] Destroying, etc., buoy or other sea mark. 24 & 25 Vict. C. 97, s. 48. 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. Injuries not before provided for exceeding amount of $25. 24 & 25 Vict. C. 97, s. 51. 22 of 1930, s. 3. Summary conviction in case of malicious injury. 24 & 25 Vict. C. 97, s. 52. 22 of 1950, Schedule. 24 of 1950, Schedule. Extension of s. 38 to tree, etc. 24 & 25 Vict. C. 97, s. 53. Making or having explosive substance, etc., with intent to commit felony. [s. 40 cont.] 24 & 25 Vict. C. 97, s. 54. Warrant for searching house, etc., for such explosive. 24 & 25 Vict. C. 97, s. 55. 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. Persons to 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. [s. 47 cont.] 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.

Originally 8 of 1865, Fraser 6 of 1865. 22 of 1950. 24 of 1950. Short title. 24 & 25 Vict. C. 97. Setting fire to church, etc. 24 & 25 Vict. C. 97, s. 1. Setting fire to house, a person being therein. 24 & 25 Vict. C. 97, s. 2. Setting fire to house, etc. 24 & 25 Vict. c. 97, s. 3. Setting fire to engine-house, etc. 24 & 25 Vict. c. 97, s. 4. Setting fire to public building. 24 & 25 Vict. C. 97, s. 5. Setting fire to building not specified. 24 & 25 Vict. C. 97, s. 6. Setting fire to goods in any building, the setting fire to which is felony. 24 & 25 Vict. C. 97, s. 7. Attempt to set fire to building, etc. 24 & 25 Vict. c. 97, s. 8. Destroying dwelling-house with explosive, a person being therein. 24 & 25 Vict. c. 97, s. 9. Attempt to destroy building. etc., with explosive. 24 & 25 Vict. C. 97, s. 10. 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. [s. 13 cont.] Injury to dwelling-house, etc., by tenant. 24 & 25 Vict. C. 97, s. 13. 22 of 1950, s. 3. Destroying, etc., machine or engine. 24 & 25 Vict. C. 97, s. 15. Setting fire to field of grass, etc. 24 & 25 Vict. C. 97, s. 16. Setting fire to heap of corn, etc. 24 & 25 Vict. c. 97, s. 17. Attempt to set fire to crop, etc. 24 & 25 Vict. C. 97, s. 18. Destroying sea-bank, etc. 24 & 25 Vict. C. 97, s. 30. Removing pile of sea-bank, etc., 24 & 25 Vict. C. 97, s. 31. [s. 29 cont.] Injury to bridge, etc. 24 & 25 Vict. C. 97, s. 33. Injuries to railways and railway carriages. 24 & 25 Vict. C. 97, s. 35. Obstructing engines or carriages on railways. 24 & 25 Vict. C. 97, s. 36. 22 of 1950, s. 3. Meaning of 'railway'. Injury to electric or magnetic telegraph. 24 & 25 Vict. C. 97, s. 37. 22 of 1950, s. 3. Attempt to injure electric or magnetic telegraph. 24 & 25 Vict. C. 97, s. 38. 22 of 1950, Schedule. Injury to work of art in museum or public place. 24 & 25 Vict. c. 97, s. 39. [s. 25 cont.] Killing or wounding cattle. 24 & 25 Vict. C. 97, s. 40. Killing or wounding animals, not being cattle. 24 & 25 Vict. C. 97, s. 42. Setting fire to ship with intent to prejudice owner or underwriter. 24 & 25 Vict. C. 97, s. 43. Attempt to set fire to ship. 24 & 25 Vict. C. 97, s. 44. Placing explosive substance near ship with intent to damage it. 24 & 25 Vict. C. 97, s. 45. Damaging ship otherwise than by fire. 24 & 25 Vict. C. 97, s. 46. Exhibiting false signal with intent to bring ship into danger. 24 && 25 Vict. c. 97, s.47. [s. 33 cont.] Destroying, etc., buoy or other sea mark. 24 & 25 Vict. C. 97, s. 48. 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. Injuries not before provided for exceeding amount of $25. 24 & 25 Vict. C. 97, s. 51. 22 of 1930, s. 3. Summary conviction in case of malicious injury. 24 & 25 Vict. C. 97, s. 52. 22 of 1950, Schedule. 24 of 1950, Schedule. Extension of s. 38 to tree, etc. 24 & 25 Vict. C. 97, s. 53. Making or having explosive substance, etc., with intent to commit felony. [s. 40 cont.] 24 & 25 Vict. C. 97, s. 54. Warrant for searching house, etc., for such explosive. 24 & 25 Vict. C. 97, s. 55. 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. Persons to 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. [s. 47 cont.] 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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