MALICIOUS INJURIES TO PROPERTY ORDINANCE
Title
MALICIOUS INJURIES TO PROPERTY ORDINANCE
Description
Malicious Injuries to Property.
No. 8 of 1865.
An Ordinance to consolidate and amend the Enactments in
Force in this Colony relating to Malicious Injuries to Property.
[3rd June, 1865.]
WHEREAS it is expedient to consolidate and amend the enactments
in force in this Colony relatin g to malicious injuries to property ::
Be it therefore enacted by His Excellency the Governor of 1-lonbkonn;
by and with the advice of the Legislative Council thereof, as follows :-
Tnjunies by Fire to Buildings and Goods therein:-
1. Whosoever shall unlawfully and maliciously set fire to any church,,
settiiig tire to'
chapel, meeting house, or other place of divine worship, shall be guilty,
of felony, and being convicted thereof shall be liable, at the discretion
of
the Court, to be kept in penal servitude for life, ctr-for,any term not
less
than three years,-or to be imprisoned for any term not exceeding two
years, with or without hard labour, axed with or without solitary
confinement, and, if a male under the age of sixteen years, with or
without
whipping.
Whosoever shall unlawfully and maliciously set fire to any
dwelling house, any person being therein, shall be guilty of felony, arid
being convicted thereof, shall be liable, at the discretion of the Court,
to
be kept in penal servitude for life, or for any term not less than three
years! or to be imprisoned far any term not exceeding two years, with
-or without hard labour, and with or without solitary confinement, and,'
if a male under the age of sixteen y ears, with or without -whipping.
3. Whosoever shall unlawfully and maliciously set fire to any house,
setting fire to~
n house,-fi.e.
stable,, coach-house, outhouse, warehouse, godown; office, shop, . store,
mill, store house, granary, hovel, shed, or fold, or to any farm building,
-or to any buildino, or erection used in farming land; or Tin carrying on
.any trade or manufacture or any branch thereof;: whether the same shall
then be 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 being convicted thereof shall be liable, at the
discretion of the Court, to be kept in penal servitude for life, or vo:°
any
term not less than three years,-or to be imprisoned for any term .ot.r
exceeding two years, with or without hard labour, and with or without
solitary confinement, and, if a male under the age of sixteen years, with
or without whipping.
ORD INAafi1CE No: ~ ~oF-186a.
Malicious Injuries to Property.
Setting fire to 4, Whosoever shall unlawfully and maliciously set fire to
any engine
any engine
house, &c. house, warehouse, or other building belon0ging or appertaining
to any
port, dock, or harbour, shall be guilty of felony, and being convicted
thereof shall be liable, at the discretion of the Court, to be kept in
penal
servitude for life, or for any term not less than three years,-or to be
imprisoned for any term not exceeding two years, with or without hard
labour, and, if a male under the age of sixteeen years, with or without
whipping.
Setting ttre to ~, Whosoever shall unlawfully and maliciously set fire to
any
any public
bttilaing. building other than such as are in this Ordinance before
mentioned,
belonging to the queen, 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 being convicted thereof
shall be liable, at the discretion of the Court, to be kept in penal
servitude
foe life, or for any term not less than three years,-or to be imprisoned.
for any term not exceeding two years, with or without hard labour, and,
i£ a male under the age of sixteen years, with or without whipping.
Setting fire to 6. Whosoever shall unlawfully and maliciously set fire to
any
other build-
ings. building other than such as are in this Ordinance before mentioned,
shall
be guilty o£ felony, and being convicted thereof shall be liable, at the
discretion of the Court, to be kept in penal servitude for any term not
exceeding fourteen years and not less than three years,-or to be.
imprisoned for any terra not exceeding two years, with or without hard
labour, and, if a naale under the age of sixteen years, with or without
whipping.
Setting fire to
goods in any
building, the
setting fire to
which is
felony.,
'J. Whosoever shall unlawfully and maliciously set fire to any matter
or thing, being in, against, or under any building, under such
circumstances°
that if the building were thereby set fire to the offence would amount
to felony, shall be guilty o£ felony, and being convicted thereof shall
-be-
ORDINANCE N6. 3 of 1865.
Malicious Injuries to Properti,/.
liable, at the discretion of the Court, to be kept in penal servitude for
any
term not exceeding fourteen years and not less than three years,-or to be
imprisoned for any term not exceeding two years, with or without hard
labour, and, if a male under the age of sixteen years, with or without
Tipping.
$. Whosoever shall unlawfully and maliciously by any overt act Attempting
attempt to set fire to any building, or any matter or thinto set fire to
g in the last buildings.
preceding section mentioned, under such circumstances that if the same
were thereby set fire to the offender would be guilty of felony, shall be
guilty
of felony, and being convicted thereof shall be liable, at the discretion
of
the Court, to be kept in penal servitude for any term not exceeding
fourteen and not less than three years,-or to be imprisoned for any term
not exceedin; two years, with or without hard labonr, and with or
without solitary confinement, and, if a male under the aUe of sixteen
years, with or without whipping.
Injuries by explosive Substances to Buildings and Goods therein:-
9. Whosoever shall unlawfully and maliciously, by the explosion of
gunpowder or other explosive substance, destroy, throw down,, or damage
the whole or any part of ally dwelling house, any person being
therein,-or of any building whereby the life of any person shall be
endangered,-shall be guilty of felony, and being convicted thereof
shall be liable, at the discretion of the Court, to be kept in penal
servitude for life, or for.any term not less than three years,-or to be
imprisoned for any, term not exceeding two years, with or without hard
labour, and with or without solitary confinement, and, if a male under
the age of sixteen years, with or without whipping,
10. Whosoever shall unlawfully and maliciously place or throw 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 take place, and whether or not any damage
be caused, be guilty of felony, and being convicted thereof shall be
liable, at the discretion of the Court, to be kept in penal servitude for
any term not exceeding fourteen and not less than three years,-or to
be imprisoned for any term not exceeding two years, with or without
hard labour, and with or without solitary confinement, and, if a male
under the age of sixteen years, with or without whipping.
Dcst.roy ing,
&C., a house
with gnnpow-
der, Rny
person 17ei~i~ -
the rcict: -
Attempting
to destroy
buildings
with gunpow-
J
der.
'40
1.tioters injur
iug building,
machinery,
ORDINANCE No. 8 of 1865.
Malicious Injuries to Property.
Injuries to Buildings by Rioters, ~c.:=-
nioterH 11. If any persons, riotously and tumultuously assembled together
<~huch,h~n~ toAhe disturbance. of the public peace, shall unlawfully and
with force
building, RC. demolish, or pull down or destroy, or begin to demolish,
pull down, or
destroy, any church, chapel, meeting house, or other place ofdivine
worship~;-
-or any house, stable, coach-house, out-house, warehouse, godown, office;-
shop, store, mill, store house, granary, hovel, shed, or fold, or any
building
or erection used in farming land, or in carrying on any trade or manufac-
ture or any branch thereof,-or any building other than such as are in
this section before mentioned, belonging to the Queen, or to the Colony,
or
devoted or dedicated to public use or ornament, or erected or maintained
by
public subscription or contribution,-or any machinery, whether fixed or
moveable, prepared for or employed in the business of any manufacture
or in any branch thereof,-every such offender shall be guilty of felony,
and being convicted thereof shall be liable, at the discretion of the
Court
to be kept in penal servitude for life or for any term not less than three
years,-or to be imprisoned for any term not exceeding two years, with
or without hard labour, and with or without solitary confinement.
12. If any persons, riotously and tumultuously assembled together
to the disturbance of the public peace, shall 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, store house, granary, hovel, shed, fold,
building,
erection or machinery, as is in the last preceding section
Mentioned,-every
such offender shall be guilty of a misdemeanor, and being convicted
thereof shall be liable, at the discretion of the Court, to be kept in
penal
servitude for any term not exceeding seven years and not less than three
years,-or to be imprisoned for any term not exceeding two years, with
or without hard labour: Provided that if upon the trial of any person for
any felony in the last preceding section mentioned, the jury shall not be
satisfied that such person is guilty thereof, but shall be satisfied that
be
is guilty of any offence in this section mentioned, then the jury may find
him guilty thereof, and he may be punished accordingly.
Injuries to Buildings by Tenants:-
Teiiftllts of 13. Whosoever, being possessed of any dwelling house or other
houses, &c.
maliciously
injuring
them.
building, or part of any dwelling house or other building, held for
any term of years or other less terra, or at will, or held over after the,
ORDINANCE No. 8 of 1865.
Malicious Injuries to Property.
termination of any tenancy, shall unlawfully and maliciously pull down
or demolish, or begin to pull down or demolish, the same or any part
thereof, or shall unlawfully and maliciously pull down or sever 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 misde-
meanor, and being convicted thereof shall be liable, at the discretion of
the Court, to be imprisoned for any term not exceeding eighteen months,
with or without hard labour.
Injuries to Machinery,
841
14. Whosoever shall unlawfully and maliciously cut, break, or nstvorh,g
Machinery,
destroy, or damage with intent to destroy or to render useless, any &c.
machine or engine, whether fixed or moveable, used or intended to be used
in any manufacture whatsoever, shall be guilty of felony, and being
convicted thereof shall be liable, at the discretion of the Court, to be
kept
in penal servitude for any term not exceeding seven years and not less
than three years,-or to be imprisoned for any term not exceeding two
years, with or without hard labour, and with or without solitary confine-
ment, and, if a male under the age of sixteen years, with or without
whipping.
Injuries to Crops, Trees, and vegetable Productions:-
16. Whosoever shall unlawfully and maliciously set 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
Av ood, 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
being convicted therLof shall be liable, at the discretion of the Court,
to
be kept in penal servitude for any term. not exceeding fourteen years, and
not less than three years,-or to be imprisoned for any term not exceeding
two years, with or without hard labour, and with or without solitary
confinement, and, if a male under the age of sixteen years, with or with-
out whipping.
16. Whosoever shall unlawfully and maliciously set fire to any heap
setting fim to
or stack of corn, rice, grain, pulse, tares, hay, straw, or of any
cultivated st`~k~' ~`
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 being
convicted
thereof shall be liable, at the discretion of the Court, to be kept in
penal
setting fire to
crops, kc:.
ORDINANC>J No. 8 of 1865,
malicious Injuries to Property.
servitude for life, or for any term not less than three years,-or to be
imprisoned for any term not exceeding two years, with or without hard
labour, and with or without solitary confinement, and, if a male under the
~,ge~of,4 i.xteen years, with or without whipping.
Attempting , 11: Whosoever shall unlawfully and maliciously by any overt
act
to set fire to
crops, &e. attempt to set fire to any such matter or thing as in either of
the last two'
preceding sections mentioned, under such circumstances that if the same
were thereby set fire to the offender would be, under either of such
sections, guilty of felony, shall be guilty of felony, and being convicted
thereof shall be liable, at the discretion of the Court, to be kept in
penal
servitude for any term not exceeding seven and not less than three years,
-or to be imprisoned for any term not exceeding two years, with or
without hard labour, and with or without solitary confinement, and, if, a
male under the age of sixteen years, with or without whipping.
Destroying
trees, &c., t0
the value of
more than $6,
growing in a
pleasure
ground, &c.
Destroying
trees, to the
value of more
than $25,
growing else-
where than in
a pleasure
ground, S:c.
18. Whosoever shall unlawfully and maliciously cut, break, bark,
root up, or otherwise destroy or damage the whole or any part of any
tree, sapling, or shrub, or any underwood growing in any pleasure
ground, garden, orchard, or avenue, or in any ground adjoining or
belonging to any dwelling house, (in case the amount of the injury done
shall exceed the sum o£ five dollars,) shall be guilty of felony, and
being
convicted thereof shall be liable, at the discretion o£ the Court, to be
kept
in penal servitude for the term of three years,-or to be imprisoned for
any term not exceeding two years, with or without hard labour, and with
or without solitary confinement, and, if a male under the age of sixteen
years, with or without whipping.
19. Whosoever shall -unlawfully and maliciously cut, break; bark,
root up, or otherwise destroy or damage the whole or any part .of any
tree, sapling, or shrub, or any underwood, 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
shall exceed the sum of twenty-five dollars,) shall be guilty of felony,
and being convicted thereof shall be liable, at the discretion of the
Court,
to be kept in penal servitude for the term of three years,-or to be
imprisoned for any term not exceeding two years, with or without hard
labour, and with or without solitary confinement, and, if a male under
the age of sixteen years, with or without whipping.
ORDINANCE No. s of .1865.'
Malicious Injuries to P9opertp.
20. Whosoever shall unlawfully and maliciously cut, break, bark,
root up, or otherwise destroy or damage the whole or any part of any
tree, sapling, or shrub, or any underwood, wheresoever the same may be
growing, the injury= done being to the amount of twenty-four cents_at,the
least, shall, on conviction thereof before a Police Magistrate, at
the~discre-
tion of the Magistrate, either be committed to the common gaol, thereto
be imprisoned only, or to be imprisoned and kept to hard labour for any
term not exceeding three months, or else shall forfeit and pay, over and
above the amount of the injury done, such sum of money not exceeding
twenty-five dollars, as to the Magistrate shall seem meet ; and
whosoever, ~ee0,i
having been convicted of any such offence, either against this or any .
°ffe:'e`'
former enactment in force in this Colony, shall afterwards commit any
of the said offences in this section before mentioned, and shall be
convicted
thereof in like manner, shall for such second offence be committed to the
common gaol, there to be kept to hard labour for such term, not exceed-
ing six months, as the convicting Magistrate shall think fit; and who-
r~:~:~t ~
soever, having been twice convicted of any such offence (whether both or
either of such convictions shall have taken place before or after the
passing
of this Ordinance,) shall afterwards, commit any of the said offences in
this section before mentioned, shall. be guilty of a misdemeanor, and
being
convicted thereof shall be liable, at the discretion of the Court, to be
imprisoned for any term not exceeding two years, with or without hard
labour, and with or without solitary confinement, and, if a male under
the age of sixteen years, with or without whipping.
21. Whosoever shall unlawfully and maliciously destroy, or damage
with intent to destroy, any plant, root, fruit,, or vegetable production,
growing in any garden, orchard, nursery ground, hothouse, greenhouse,
or conservatory, shall, on conviction thereof before a Police Magistrate,
at
the discretion of the Magistrate, either be committed to the common gaol,
there to be imprisoned only, or to be imprisoned and kept to bard labour,
for any term not exceeding six months, or else shall forfeit and pay, over
and above the amount of the injury done, such sum of money not exceeding
one hundred dollars as to the Magistrate shall seem meet; and whosoever,
having been convicted of any such offence, either against this or any
former enactment in force in this Colony, shall afterwards commit any of
the said offences in this section before mentioned, shall .be guilty of
felony,
and being convicted thereof shall be liable, at the discretion of the
Court,
Destroying
trees, Src.,
wheresoever
growing tot] :e
:uuonnt of 24
cent.
Destroying
any fruit or
vegetable
production
in a garden.
Subsectucnt
offence.
Second
ORDI1 ANC`s ~ No. 8 of 1865.
Malicious h juries to Property.
to be kept in penal servitude for the term of three years,-or to be im-
prisoned for any term not exceeding two years, with or without hard
labour, and with or without solitary confinement, and, if a male under
the age of sixteen years, with or without whipping.
nes4wyi11gf 22. Whosoever shall unlawfully and maliciously destroy, or
damage
vegetable
hn(maucttong with intent to destroy, any cultivated root or plant used for
the food of
nc>t growin~;
w ,ardciis,, 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 inclosed,
not being a garden, orchard, or nursery ground, shall, on conviction
thereof before a Police Magistrate, at the discretion of the Magistrate,
either
be 'committed to the common gaol, there to be imprisoned only, or to be
imprisoned and kept to hard labour, for any term not exceeding one month,
or else shall forfeit and pay, over and above the amount of the injury
done,
such sum of money not exceeding five dollars as to the Magistrate shall
seem meet, and in default of payment thereof, together with the costs; if
ordered, shall be committed as aforesaid for any term not exceeding one
cat>scu«vll+. month, unless payment be sooner made; and whosoever, having
been
convicted of any such offence either against this or any former enactment
in force in this Colony, shall afterwards commit any of the said offences:
in this section before mentioned, and shall be convicted thereof in like
manner, shall be committed to the common gaol, there to be kept to hard
labour for such term not exceeding six months as the convicting Magis-
trate shall think fit.
Injuries to heraees:-
Dmtroyiug,
&e., au y 1'enco,
2$. Whosoever shall unlawfully- and maliciously cut, break, throwdown, or
in anywise destroy any fence or paling of any description what-
soever, or any wall, stile, or gate, or any part thereof respectively,
shall,:
on conviction thereof before a Police Magistrate, for the first offence
forfeit.
and pay, over and above the amount of the injury done, such sum of money
not exceeding twenty-five dollars as to the Magistrate shall seem meet ;.
and whosoever, having been convicted of any such offence, either against
this or any former enactment in force in this Colony, shall afterwards..
commit any of the said offences in this section before mentioned, and
shall
be convicted thereof in like manner, shall be committed to the common,
gaol, there to be kept to hard labour for such term not exceeding six.
months as the convicting Magistrate, shall thinly fit.
ORDINANCE PTO ` 8 OF 1865.
Malicious Injuries to Proper~l.
Injuries to Sea Banks, 4-c.:-
N4. Whosoever sball unlawfully and maliciously break down or cut
down or otherwise damage or destroy 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 shall be or shall be in danger of
being overflowed or damaged,-or shall unlawfully and maliciously throw,
break, or cut down, level,' undermine, or otherwise destroy, 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 being
convicted thereof shall be liable, at the discretion of the Court, to be
kept
in penal servitude for life or for any term not less than three
years,----or
to be imprisoned for any term not exceeding two years, with or without
hard labour. and with or without solitary confinement, and, if a male
under the age of sixteen years, with or without whipping.
26. Whosoever shall unlawfully and maliciously cut off, draw up,
liew,ovi::
piles of any
or remove any piles, or other materials fixed in the ground, and used for
sea-bank, ke-
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 shall unlawfully and maliciously open or
-draw up any floodgate, or sluice, or do 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 maintain-
ing the navigation or drainage thereof,- shall be guilty of felony, and
being convicted thereof shall be liable, at the discretion of the Court,
to
be kept in penal servitude for any term not exceeding seven years and not
less than three years ,-or to be imprisoned for any term not exceeding
two years, with or without bard labour, and with or without solitary con-
finement, and, if a male under the age of sixteen years, with or without
whiplung.
Dam.yinn
:w,y Sea-W1111,
Injuries to 13ridyes, Viaducts, 4,c.:--
26. Whosoever shall unlawfully and maliciously pull or throw down
1,:ry to a
.
or inranywise destroy any bridge (whether over any stream of water or
public b~c(lgro.
not), or any viaduct or aqueduct; over or under which bridge, viaduct, or
aqueduct, any highway or canal shall pass, or do any injury with intent
and so as thereby to render such bridge, viaduct, or aqueduct, or the
high-
OIiI)IN A 1~C~`~ hTo. 8 of 18 6 5.
Malicious Injuries to Property.
way or canal, passing over, or under the same, or any part thereof,
dangerous or impassable, shall be guilty of felony, and being convicted
thereof shall be liable, at the discretion of the Court, to be kept in
penal
servitude for life or for any term not less than three years,-or to be
imprisoned for any term not exceeding two years, with or without hard
labour, and with or without solitary confinement, and, if a male under the
age of sixteen years, with or without whipping.
Injuries to Telegralrohs:-
rnj1.,e5 to `Z7. Whosoever shall unlawfully and maliciously cut, break,
throw
<u~oro'cos~,do~,n destroy, injure or remove any battery, machinery, wire
cable post
W wynetic; > > > > > > >
telegralhs.
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 shall unlawfully and maliciously prevent or obstruct in any
manner whatsoever the sending, conveyance, or delivery of any commu-
nication by auy such telegraph, shall be guilty of a misdemeanor, and
being convicted thereof shall be liable, at the discretion of the Court,
to
be imprisoned for any term not exceeding two years, with or without
hard labour: Provided that if it shall appear to a Police Magistrate, on
the examination of any person c harged with any offence against this
section, that it is not expedient to the ends of justice that the same
should
be prosecuted by information, the Magistrate may proceed summarily to
hear and determine the same, and the offender shall, on conviction
thereof,
at the discretion of the Magistrate, either be committed to the common
gaol, there to be imprisoned only, or to be imprisoned and kept to hard
labour, for any term not exceeding three months, or else shall forfeit and
pay such sum of money not exceeding fifty dollars as to the Magistrate
shall seem meet.
Attempt,,; to
iu,iure sucli
tClenrralOzs.
`Z$. Whosoever shall unlawfully and maliciously, by any overt act,
attempt to commit any of the offences in the last preceding section men-
tioned, shall, on conviction thereof before a Police Magistrate,, at the
discretion of the Magistrate, either be committed to the common gaol,.
there to be imprisoned only, or to be imprisoned and kept to hard
l~'bour;.
for any term not exceeding three months, or else shall forfeit and pay
such sum of money not exceeding fifty dollars as to the Magistrate -shall
seem meet.
ORDINANCE No. 8 or? 18.65.
Malicious Injuries to 1-~-operdy.
liajuries to YlTorks of Art:-
29. Whosoever shall unlawfully and maliciously destroy or damage
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 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 the Queen, or to the Colony, or to any college,
or in any street, square, churchyard, burial ground, public garden or
ground, or any statue or monument exposed to public view or any orna-
ment, railing, or fence surrounding such statue or monument, shall be
guilty of a misdemeanor, and being convicted thereof shall be liable to be
imprisoned for any term not exceeding six months, with or without bard
labour, and, if a male under the age of sixteen years, with or without
whipping ; provided that nothing herein contained shall be deemed to
affect
the right of any person to recover, by action at law, damages, for the
injury so committed.
Injuries to Cattle and other Animals:-
Injuries to
works of art
in museums,
churches, &c.,
or in public
places.
30. Whosoever shall unlawfully and maliciously kill, maim, or Killing . or
wound any cattle shall be guilty of felony, and being convicted thereof
cattle.maiming
shall be liable, at the discretion of the C%ourt, to be kept in penal ser-
vitude for any term not exceeding fourteen and not less than three
years,-or to be imprisoned for any term not exceeding two years, with '
or without hard labour, and with or without solitary confinement.
31. Whosoever shall unlawfully and maliciously hill, maim, or
wound any dog, bird, beast, or other animal, not being cattle, but being
either the subject of larceny at Common Law in England, or being ordi-
nar ilk kept in a state of confinement, or for any domestic purpose, shall
on conviction thereof before a Police Magistrate, at the discretion of the
Magistrate, either be, committed to the common gaol, there to be im-
prisoned only, or to be imprisoned and kept to hard labour, for any= term
Fillinn= or
maim111' other
animals.
second
offence.
ORDINANCIE~tTo. 8 0F I86 5).
Malicious Injuries to Property.
not exceeding six months, or else shall forfeit and pay, over and above
the amount of injury done, such sum of money not exceeding one
hundred dollars as to the Magistrate shall seem meet ; and whosoever,
having been convicted of any such offence, shall afterwards commit - any
of the said offences in this section before mentioned, shall,be guilty of
a
misdemeanor, and being convicted thereof shall be liable to be imprisoned,
for any term not exceeding twelve months with or without hard labour.
Injuries to SUPS:-
Setting fire 32. Whosoever shall unlawfully and maliciously set fire to,
cast
to a ship. away, or in anywise destroy any ship or vessel, whether the
carne be
x»vomplte or in an unfinished state, shall be guilty of felony, and being:
convicted thereof shall be liable, at the discretion of the Court, to be
kept in penal servitude for life or for any term not less than three
years,-or to be imprisoned fir any term not exceeding two years, with
or without hard labour, and with or without solitary confinement, and,
if a male under the age of sixteen years, with or without whipping.
33. Whosoever shall unlawfully and maliciously set fire to, or cast
away or in anywise destroy any ship or vessel, with intent thereby to
prejudice any owner or part owner of such ship or vessel, or of any
goods on board the same, or any person that has underwritten or shall
underwrite any policy of insurance upon such ship or vessel, or on the
freight thereof, or upon any goods on board the same, shall be guilty of
felony, and being convicted thereof shall be liable, at the discretion of
the Court, to be kept in penal servitude for life or for any term not leis
than three years,-or to be imprisoned for any term not exceeding two
years, with or without hard labour, and with or without solitary con-
finement, and, if a male under the age of sixteen years, with or without
whipping. .
Attempting 34. Whosoever shall unlawfully and maliciously, by any overt
act,
to set fire to
a, Ship. attempt to set fire to, cast away, or destroy any ship or vESSeI,
under
such circumstances that if the ship or vessel were thereby sec fire to,
cast away, or destroyed, the offender would be guilty of felony, shall be
guilty of felony, and being convicted thereof shall be liable; at the dis-
cretion of the Court, to be kept in penal servitude for any term not
exceeding fourteen and not less than three years,-cr to be imprisoned
for- any term not exceeding two years, with or without hard labour, and
Setting fire
to sliipa to
preju~ae the
ncvuers or
vnciorwriters.
ORDINANCE No. 8 of 1865.
Malicious Injuries to Property.
with or without solitary confinement, and, if a male under the age of
sixteen years, with or without whipping.
35. Whosoever shall unlawfully and maliciously place or throw
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 take place, and whether or not any injury
be effected, be guilty of felony, and being convicted thereof shall be
liable, at the discretion of the Court, to be kept in penal servitude for
any term not exceeding fourteen and not less than three years,-or to
be imprisoned for any term not exceeding two years, with or without
hard labour, and with or without solitary confinement, and, if a male'
under the age of sixteen years, with or without whipping.
36. Whosoever shall unlawfully and maliciously damage, otherwise
than by fire, gunpowder, or other explosive substance, any ship or
vessel, whether complete or in an unfinished state, with intent to destroy
the same or render the same useless, shall be guilty of felony, and being
convicted thereof shall be liable, at the discretion of the Court, to be
kept
in penal servitude for any term not exceeding seven years and not
less than three years,-or to be imprisoned for any term not exceeding
two years, with or without hard labour, and with or without solitary
confinement, and, if a male under the age of sixteen years, with or
without,', hip ping.
3'7. Whosoever shall unlawfully mask, alter or remove any light or
signal, or unlawfully exhibit any false light or signal, with intent to
bring any ship, vessel or boat into danger, or shall unlawfully and
maliciously do 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 being convicted thereof shall be
liable, at the discretion of the Court, to be kept in penal servitude for
life, or for any term not less than three' years,--or to be imprisoned for
any term not exceeding two years, with or without hard labour, and
with or without solitary confinement, . and, if a male under the age of
sixteen years, with or without whipping.
38. Whosoever shall unlawfully and maliciously cut away, cast
adrift, remove, alter, deface, sink, or destroy, . or shall unlawfully and
maliciously do any act with intent to cut away, cast-adrift, remove,
alter,
deface, sink, or destroy, or shall in any` other manner unlawfully and
Placing gun-
powder near
a ship with
intent to
damage it.
Damaging
ships othcr-
wice than by
fire.
Exhibiting
fftlse ~i~nal
Removing or
concealing
buoys and
other sea
mark.
Destroying
wrecks or any
articles
belonging
thereto.,
sending
letters
threatening
to burn or
destroy
houses,
buildings,
ships, s;,o.
Persons
committing
malicious
injuries not
beam pro-
vided for
exceeding the
amount of
$20.
ORDINANCE, No. 8 of 1865.
Malicious Injuries to Property.
maliciously injure or conceal 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 being convicted thereof shall
be liable, at the discretion of the Court, to be kept in penal servitude
fog
any term not exceeding seven years and not less than three years,-or
to be imprisoned for any term not exceeding two years, with or without
hard labour, and with or without solitary confinement, and, if a male
under the age of sixteen years, with or without whipping.
$9. Whosoever shall unlawfully and maliciously destroy any part
of any ship or vessel which shall be in distress, or wrecked, stranded, or
cast on shore, or any goods, merchandise, or articles of any kind belong-
ing to such ship or vessel, shall be guilty of felony, and being convicted
thereof shall be liable, at the discretion of the Court, to be kept in
penal
servitude for any term not exceeding fourteen and not less than three
years,-or to be imprisoned for any term not exceeding two years, with
ox without hard labour, and with or without solitary confinement.
Sending Letters threatening to burn or destroy:--
40. Whosoever shall send, deliver, or utter, or directly or indirectly
cause to be received, knowing the contents thereof, any letter or writing
threatening to burn or destroy any house, barn, or other building, or
any sick 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 being convicted thereof shall. be
liable, at the discretion of the Court, to be kept in penal servitude for
any term not exceeding ten years, and not less than three years,-or to
be imprisoned for any term not exceeding two years, with or without
hard labour, and with or without solitary confinement, and, if a male
under the age of sixteen years, with or without whipping.
Ind'ziries not. before provided for:-
41. Whosoever shall unlawfully and maliciously commit any
damage, injury, or spoil to or upon any real or personal property what-
soever, 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
being convicted thereof shall be liable, at the discretion of the Court,
to
ORDINANCE No. 8 of 1865.
.3talicious Injuries to Broperty.
be imprisoned for any term not exceeding two years, with or without
hard labour; and in case any such offence shall be committed between
the hours of nine of the clock in the evening and six of the clock in the
next morning, shall be liable, at the discretion of the Court, to be kept
in penal servitude for any term not exceeding five years and not less
than three years,-or to be imprisoned for any term not exceeding two
years, with or without hard labour.
42. Whosoever shall wilfully or maliciously commit 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--herein-
before provided, shall, on conviction thereof before a Police Magistrate,
at the discretion of the Magistrate, either be committed.to the common
gaol, there to be imprisoned only, or to be imprisoned and kept to hard
labour, for any term not exceeding two months, or else shall forfeit - and
pay such sum of money not exceeding twenty-five dollars as to the
Magistrate shall seem meet, and also such further sum of honey as shall
.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 of money 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, the money shall
be paid to Iler Majesty for the use of the Colony, and in support of the
Government thereof; and if such sums of money, together with costs
(if ordered,) shall not be paid either immediately after the conviction,
or
within such period as the Magistrate shall at the time of the conviction
appoint, the Magistrate may commit the offender to the common gaol,
there to be imprisoned only, or to be imprisoned and kept to hard labour,
as the Magistrate shall think fit, for any term not exceeding two months,
unless such sums and costs be sooner paid: 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.
SS111111
-wary
C'ouvictiou
311 ca,o of
malioioti,
injury.
Not to extend.
to certain.
Ci18CS.
43. The provisions in the last preceding section contained shall r-dim
Section to
-extend to any person who shall wilfully or maliciously commit any injury
txtes«1 to
to any tree, sapling, shrub, or underwood, for which no punishment i5
:herein-before provided.
ORDINANCE No. 8 of 1865.
Malicious Injuries to Property.
1t7aking Gunpowder to commit 0,fences, and searching for the same:
Making ,. 44. Whosoever shall make or manufacture, or knowingly have ill
having inxn-
powder, &c., his possession, an gunpowder or other explosive substance or
an
with ]ntentto dangerous or noxious thing or any machine engine instrument
or
commitanp ti a> > a > >
felony against thin.athis Ordi- , with intent thereby or by means thereof
to commit, or for the
`'. purpose of enabling any other person to commit, any of the felonies in
this Ordinance mentioned, shall be guilty of a misdemeanor, and being
convicted thereof shall be liable, at the discretion of the Court, to be
imprisoned for any term not exceeding two years, with or without hard
labour, and with or without solitary confinement, and, if a male under.
the age of sixteen years, with or without whipping.
Police Magis- m 45, ;When any machine, engine, implement, or thing, or
any gun-
t rate May
,issue warrarzrowder om.oer explosive, dangerous; or noxious substance,
is suspected
for seurohint'
-
Louses, &c., to be made, liept,.or carried for the purpose of being used
in conmittina
fw finch giu-
]owder, anyOof tie felonies in this Ordinance mentioned, a Police
Magistrate may
Noe Ord. °
Nr). z (Ifzsps upon reasonable case assigned upon oath, affirmation or
declaration by
°~' 7 Ord. N''
y af 1873 an person, issue a warrant under his hand for searching in the
daytime -
13.] p
x. z3.] anY, house mill xnagazine, godown, storeJ.lousei warehouse, shop,
cellar,
yard, wharf, or other place, or any carriage, wagf;on, cart, ship, boat,
or
vessel; in which the same is suspected to be made, kept, or carried for
such purpose as herein-before mentioned; and every person acting in the
elocution of any such warrant shall have, for seizing, removing to proper
places, and detaining every such. machine, engine, implement, and thing,
and all such gunpowder, explosive, dangerous, or noxious substances
found upon such search, which he shall have good cause to suspect to be,
intendAd to be used in committing any such offence, and the barrels,
packages, cases, and other receptacles in which the same shall be, the
same powers and protections which are given to persons searching for-
unlawful quantities of gunpowder under the warrant of a Justice by an
Act of the Imperial Parliament passed in the session holclen in.the
twenty-
third and twenty-fourth years of the Reign of Her present Maje'sty,,
chapter one hundred and thirty-nine, intituled 'An Act to amend the
Law concerning the Making, Keeping and Carriage of Gunpowder and
Compositions of an explosive Nature and concerning the Manufacture, Sale
and Use of Fireworks.'
1'miishment
of Principal',
in the second
Other Illatlehs:-
46. In the case of every felony punishable under this Ordinance;
every principal in the second degree, and every acc.ssory before the fact,
ORDINANCE No. 8 or 18Gi;.
Malicious I7jurics to Property.
shall be punishable in the same manner as the principal in the first
degree ai:gree ai1
is by this Ordinance punishable; and every accessory after the fact to
any neoe:HnrioH.
felony punishable under this Ordinance shall on conviction be liable, at
the discretion of the Court, to be imprisoned for any term not eiceedin
two years, with or Avithout hard labour, and with or without solitary
confinement; and every person who shall aid, abet, counsel, or procure
the commission of any misdemeanor punishable under this Ordinance
shall be liable to be proceeded against, indicted, and punished as a
princi-
pal offender.
4'7. Any constable or peace officer may take into custody, without
*auettors ill
misden)eaxlora
.a warrant, any person whom he shall find lying or loitering in any hill-
ns to *pero»H
loitering nt
way, yard, or other place, during the night, and wholnrhe shall have
night and
suspected of
good cause to suspect of having committed or being about tcc6nlnit any;
'elony.
hrx-
felony acfainst this Ordinance, and shall take such pehsdil as soon as
sioa ~f~
reasonably may be before a Police Magistrate, to be dealt with tecorcTnb
to law.
48. Every punishment and forfeiture by this Ordinance imposed
on any person maliciously committing any offence, whether the same be
punishable upon information or upon summary conviction, shall equally
-apply and be enforced, w Nether the offence shall be committed from
malice conceived against the owner of the property in respect of which it
shall be committed or otherwise.
49. Every provision of this Ordinance not herein-before so applied
shall apply to every person who, with intent to injure or defraud any
'other person, shall do any of the acts herein-before made penal, alhouh
the offender shall be in possession of the property against or in respect
-of which such act shall be done.
50. It shall he sufficient in any information for any offence against
this Ordinance, where it shall be necessary to allege an intent to injure
-or defraud, to allege that the party accused did the act with intent to
injure or defraud (as the case fray be,) without alleging an intent to
injure or defraud any particular person; and on the trial of any such
offen~ 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 party
accused did the act charted with an intent to injure or defraud (as the
.case may be).
Malice
against owner
of property
unnecessary.
Provisions u£
this Ordi-
nance shall
apply to
persons in
p099eHHlo1) ()f
rlie property
injured.
Intent to
injure parti-
cular person
need not by
stated in
information.
=P gln' t
fti`ni;
offence may
be apprehend.
ed.
ORDINANCE No. 8 of 186.
Malicious Injuries to Property.
51. Any person found committing any offence against this Ordinance,,
whether the same be punishable upon information or upon summary
conviction, may be immediately apprehended, without a warrant, by any
peace officer, or the owner of the property injured, or his servant, or
any
person authorised by him; and forthwith taken before a Police Magistrate,
to be dealt with according to law.
Alo(to of Com- 62. Where any person shall be charged on the oath,
affirmation or
polling the
appearance of declaration of a credible witness before a Police
Magistrate, with any
persons
punishable on offence punishable on summary conviction under this
Ordinance, the
Fummary con-
,.;~t,;~,t, Magistrate may summon the person charged to appear at a time
and
place to be named in such summons; and if he shall not appear accord-
ingly, then (upon proof of the due service of the summons upon such
person by delivering the same to him personally, or by leaving the same
at his usual place of abode,) the Magistrate may either proceed to hear
and determine the case ex pay°te, or issue his warrant for apprehending
such person and' bringing him before himself or some other Police Magis-
trate; or the Magistrate before whom the charge shall be made may (if
he shall so think fit), without any previous summons (unless where other-
wise specially directed), issue such warrant.; and the Magistrate before
whom the person charged shall appear or be brought shall proceed to
hear and determine the case.
Abettors in
offences
punishable on
summary con-
viction.
Application
of i.`urfeitures
and penalties
upon sum-
mary convic
Pious.
6$. Whosoever shall aid, abet, counsel, or procure the commission
of any offence which is by this Ordinance punishable on summary con-
viction, either for every time of its commission, or for the first and
second
time only, or for the first time only, shall, on conviction before a
Police
Magistrate, be liable, for every first, second, or subsequent offence of
aiding, abetting, 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 shall be forfeited for the amount
of any injury done shall be assessed in each case by the convicting Magis-
trate, and shall be paid to the party aggrieved, except where she= is
unknown, and in that case such sum shall be applied in the same3anner
as a penalty; and every sum which shall be imposed as a penalty by a
Police Magistrate, .whether in addition Wsuch amount or otherwise, shall
be, paic.to Her Majesty for the use of the Colony and in support of the
o-iIDINANCE No, 8 of 1865.
malicious Injuries to Property.
Government thereof: Provided that where several persons shall join in
the commission of the same offence, and shall, upon conviction thereof,
each be adjudged to forfeit a sum equivalent to the amount of the injury:
done, in every such case no further sum shall be paid to the party
aggrieved than such value or amount; and the remaining sum or sums
forfeited shall be applied in the same manner as any penalty imposed by
a Police Magistrate is hereinbefore directed to be applied.
55. In every case of a summary conviction under this Ordinance,
where the sum which shall be forfeited for the amount of the injury done,
or which shall be imposed as a penalty by the Magistrate, shall not be
paid, either immediately after the conviction, or within such period as
the
Magistrate shall, at the time of the conviction, appoint, the convicting
Magistrate (unless where otherwise specially directed) may commit the
offender to the common gaol, there to be itnj)risoned, only, or to be
imprisomd and kept to. hard labour, according to the discretion of the
flariistrate, for any term not exceeding two months, where the amount
of the sum forfeited, or of the penalty imposed, or of both, (as the case
may be), together with the costs, shall not exceed twenty-five dollars;
and for any term not exceeding four months ,where the amount, with'
costs, shall not exceed fifty dollars; and for any term not exceeding six
months in any other case; the commitinent to be determinable in each of
the cases aforesaid upon payment of the amount: and costs.
56. Where any person shall be summarily convicted before a Police
Magistrate of any offence against this Ordinance, and it shall be a first
conviction,. the Magistrate nlay, if he shall so think fit, discharge the.
offender from his conviction upon his snaking such satisfaction to the
party aggrieved for damages and costs, or either of them, as shall be.
ascertained by the Magistrate.
b'7. When any person convicted of any offence punishable upon .
summary conviction by virtue of this Ordinance, shall have paid the sum
adju(tged to be paid, together with costs, under such conviction, or shall
haereeeived a remission thereof from the Crown, or from the Governor, '
or h-h.If have suffered the imprisonment awarded for non-payment thereof,
or the imprisonment awarded in the first instance, or shall have been so
dis~dlarged from 1lis, conviction .-by _ariy Magistrate. as af ores~iid,
lie shall
be released front. all further or other proceedings for the same ca-ufe.
Proviso whexe
several x
persons joinin
commission of-
same offence.
If a person
summarily
convicted
shall not pay,
.Cc., the
Magistrate
may commit
him.
Magistrate
maydischarge.
offender in
certain- cases.-,
Summary
conviction
shall be a bar
to any other
proceeding.
General issue.
ur<1 labour.
[*Rep. by
Ord. No. 18
1885,]
solitary
confinement
and ,yvbipping.
Fine and
,AuFeties for
,keeping the
ORDINANCE No. 8 0v 1865.
Malicious Injuries to Property.
6$, till actions and prosecutions to be commenced against any
Yperson for anything done in pursuance of this Ordinance shall be
commenced within six months after the fact committed, and not otherwise;
and notice in writinn of such action, and of the cause thereof, shall be'
given to the defendant one month at least before the coin nocncement of
the action ; and in any such action the defendant p a~ plead the general
issue, and give this Ordinance and the special matter in evidence at any-
trial to. be had thereulu>n ; and 'no plaintiff shall recover in any such.
action if tender of sufficient arrrends shall have been made before such
action brought, or if a sufficient sure o£ money shall have been paid into
Court after such action broualrt, by or on behalf of the defendant; and if
a verdict shall pass for the defendant, or the plaintiff shall became
nonsuit,
nor discontinue any such action after issue joined, or if, upon demurrer
or
.otherwise, judgment shall be given against the plaintiff, the defendant
shall recover his full costs as between attorney and client, and have the
lid and
,
though a verdict-shall be given for the plaintiff in any such action, such
plaintiff shall not have costs against the defendant, unless the <Tudge
before
whom the trial shall be shall certify his approbation of the action.
59, Whenever imprisonment, with or without hard labour, may be
awarded for any indictable offence under this Ordinance, the Court may
sentence the offender to be iunprisoned, or to be imprisoned and kept to
hard labour, and such sentence shall be carried out in accordance with
the provisions of Ordinance No. 4 of 1863, section 15.E
60. Whenever solitary confinement may be awarded for any
indictable offence under this Ordinance, the Court may direct the offender
to be kept in solitary confinement for any portiog. . or portions of his
i-mprisonmunt., or of his irnprisonrrrent with hard labour, not exceeding
one month at any one tune, and not exceeding three months in any one
year; .and whenever whipping may be'awarded for any, il~dictable offence
'under this Ordinance, the Court may, sentence the of`!6i~er to be once
privately whipped.; and the number o£ strokes, [' which shall in
aio',5case
exceed..forty' as amended b.t, Ordinance No. Z of 1866] and the
instrue;rrtr
with which they shall be inflicted, shall be specified by the Court `.ii
sentence.
61: Whezver any person shall :e convicted of any indictribfe~misdemwnor
punishable under this Ordinance, the Court may, if it shall.
Malicious Injuries to Property.
No. 8 of 1865.
th.iuk .fit, in addition to or in lieu of any of the punishments by this
Ordinance authorized, fine the offender, an(I require him to enter into
his
own recognizauces, and to find sureties, both or either, for keeping
the peace and being of good behaviour ; and in case of any felony
punishable under this Ordinance, the Court may, if it shall think fit,
require the offender., to enter into his own recol;nizances, and to find
sureties, both or either, for kecpin.. the peace, in addition to any
punishment by this Ordinance authorized : Provided that no person shall
be imprisoned under this clause for not finding sureties for any period
exceedin; one year.
62, N o summary conviction under this Ordinance shall be quashed No
summary
conviction or
for want of form, nor be removed by certiorari; and no warrant of warrant
to bee
commitment shall be held void by reason of any defect therein, provided`
~~aet of for
it be therein aller;ed that the party has been convicted, and there be a'-
valid conviction t() sustain the Safnc.
63. Every offence under this Ordinance made punishable on
summary conviction by a Police Magistrate, shall be prosecuted, tried,
and determined in the manner directed by Ordinance No. 10 of 1844, and.
every such Magistrate shall have, and is hereby invested with, full
jurisdiction, power, and authority. to deal with, enquire of'; try,
deterrnine_,.
and punish, every offence under this Ordinance made punishable ou
summary conviction by a Police Magistrate.
64. This Ordinance sliall commence and take effect on the fourteenth
Commence-
day of June, in the year one thousand eight hundred and sixty-five. o
ainanee.
what ewes.
837
Title.
[See 24 & 25 V. c. 97.]
Preamble.
Setting fire to a church or chapel.
Setting fire to a dwelling house, any person being therein.
Setting fire to a house, &c.
838
Setting fire to any engine any engine house, &c.
Setting fire to any public building.
Setting fire to other buildings.
Setting fire to goods in any building, the setting fire to which is felony.
839
Attmepting to set fire ti buildings.
Destroying, &c., a house with gunpowder, any person being therein.
Attempting to destroy buildings with gunpower.
840
Rioters demolishing church, building, &c.
Rioters injuring building, machinery, &c.
Tenants of houses, &c. maliciuosly injuring them.
841
Destroying machinery &c.
Setting fire to crops, &c.
Setting fire to stacks, &c.
842
Attemping to set fire to crops, &c.
Destroying trees, &c., to the value of more than $5, growing in a pleasure ground, &c.
Destroying trees, to the value of more than $25, growing elsewhere than in a pleasure ground, &c.
843
Destroying trees, &c., wheresoever growing to the amount of 24 cents.
Second offence.
Third offence.
Destroying any fruit or vegetable production in a garden.
Subsequent offence.
844
Destroying vegetable productions not growing in gardens, &c.
Subsequent offence.
Destroying, &c., any fence, &c.
Second offence.
845
Damaging any sea-wall, sea-bank, &c.
Removing piles of any sea-bank, &c.
Injury to a public bridge.
846
Injuries to electric or magnetic telegraphs.
Attempts to injure such telegraphs.
847
Injuries to works of art in museums, churches, &c., or in public places.
Killing or maiming cattle.
Killing or maiming other animals.
848
Second offence.
Setting fire to a ship.
Setting fire to ships to prejudice the owners or underwriters.
Attempting to set fire to a ship.
849
Placing gunpowder near a ship with intent to damage it.
Damaging ships otherwise than by fire.
Exhibiting false signals &c.
Removing or concealing buoys and other sea marks.
850
Destroying wrecks ro any articles belonging thereto.
Sending letters threatening to burn or destroy houses, buildings, ships, &c.
Perosns committing malicious injuries not before provided for exceeding the amount of $25.
851
Summary conviction on case of malicious injury.
Not to extend to certian cases.
Preceding section to extend to trees.
852
Making or having gunpowder, &c., with intent to commit any felony against this Ordinance.
Police Magistrate may issue warrant for searching houses, &c., for such gunpowder.
[See Ord. No. 1 of 1848 s. 7 Ord. No. 8 of 1873 s. 13.]
Punishment of principals in the second.
853
degree and accessories.
*Abettors in misdemeanors as to *persons loitering at night and suspected of felony.
[* Apprehension of]
Malice against owner of property unnecessary.
Provisions of this Ordinance shall apply to persons in possession of the property injured.
Intent to injure particular person need not be stated in information.
854
Persons in act of committing offence may be apprehended.
Mode of compelling the appearance of persons punishable on summary comviction.
Abettors in offences punishable on summary conviction.
Application of forfeitures and penalties upon summary convictions.
855
Proviso where several perosns join in commission of same offence.
If a person summarily convicted shall not pay, &c., the Magistrate may commit him.
Magistrate may discharge offender in certain cases.
Summary conviction shalll be a bar to any other proceeding.
856
Notice of action.
General issue.
Hard Labour.
[* Rep. by Ord. No. 18 of 1885.]
Solitary confinement and whipping.
Fire and sureties for keeping the
857
peace, in what cases.
No summary conviction or warrant to be quashed for want of form.
Procedure in cases or summary conviction.
Commencement of Ordinance.
No. 8 of 1865.
An Ordinance to consolidate and amend the Enactments in
Force in this Colony relating to Malicious Injuries to Property.
[3rd June, 1865.]
WHEREAS it is expedient to consolidate and amend the enactments
in force in this Colony relatin g to malicious injuries to property ::
Be it therefore enacted by His Excellency the Governor of 1-lonbkonn;
by and with the advice of the Legislative Council thereof, as follows :-
Tnjunies by Fire to Buildings and Goods therein:-
1. Whosoever shall unlawfully and maliciously set fire to any church,,
settiiig tire to'
chapel, meeting house, or other place of divine worship, shall be guilty,
of felony, and being convicted thereof shall be liable, at the discretion
of
the Court, to be kept in penal servitude for life, ctr-for,any term not
less
than three years,-or to be imprisoned for any term not exceeding two
years, with or without hard labour, axed with or without solitary
confinement, and, if a male under the age of sixteen years, with or
without
whipping.
Whosoever shall unlawfully and maliciously set fire to any
dwelling house, any person being therein, shall be guilty of felony, arid
being convicted thereof, shall be liable, at the discretion of the Court,
to
be kept in penal servitude for life, or for any term not less than three
years! or to be imprisoned far any term not exceeding two years, with
-or without hard labour, and with or without solitary confinement, and,'
if a male under the age of sixteen y ears, with or without -whipping.
3. Whosoever shall unlawfully and maliciously set fire to any house,
setting fire to~
n house,-fi.e.
stable,, coach-house, outhouse, warehouse, godown; office, shop, . store,
mill, store house, granary, hovel, shed, or fold, or to any farm building,
-or to any buildino, or erection used in farming land; or Tin carrying on
.any trade or manufacture or any branch thereof;: whether the same shall
then be 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 being convicted thereof shall be liable, at the
discretion of the Court, to be kept in penal servitude for life, or vo:°
any
term not less than three years,-or to be imprisoned for any term .ot.r
exceeding two years, with or without hard labour, and with or without
solitary confinement, and, if a male under the age of sixteen years, with
or without whipping.
ORD INAafi1CE No: ~ ~oF-186a.
Malicious Injuries to Property.
Setting fire to 4, Whosoever shall unlawfully and maliciously set fire to
any engine
any engine
house, &c. house, warehouse, or other building belon0ging or appertaining
to any
port, dock, or harbour, shall be guilty of felony, and being convicted
thereof shall be liable, at the discretion of the Court, to be kept in
penal
servitude for life, or for any term not less than three years,-or to be
imprisoned for any term not exceeding two years, with or without hard
labour, and, if a male under the age of sixteeen years, with or without
whipping.
Setting ttre to ~, Whosoever shall unlawfully and maliciously set fire to
any
any public
bttilaing. building other than such as are in this Ordinance before
mentioned,
belonging to the queen, 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 being convicted thereof
shall be liable, at the discretion of the Court, to be kept in penal
servitude
foe life, or for any term not less than three years,-or to be imprisoned.
for any term not exceeding two years, with or without hard labour, and,
i£ a male under the age of sixteen years, with or without whipping.
Setting fire to 6. Whosoever shall unlawfully and maliciously set fire to
any
other build-
ings. building other than such as are in this Ordinance before mentioned,
shall
be guilty o£ felony, and being convicted thereof shall be liable, at the
discretion of the Court, to be kept in penal servitude for any term not
exceeding fourteen years and not less than three years,-or to be.
imprisoned for any terra not exceeding two years, with or without hard
labour, and, if a naale under the age of sixteen years, with or without
whipping.
Setting fire to
goods in any
building, the
setting fire to
which is
felony.,
'J. Whosoever shall unlawfully and maliciously set fire to any matter
or thing, being in, against, or under any building, under such
circumstances°
that if the building were thereby set fire to the offence would amount
to felony, shall be guilty o£ felony, and being convicted thereof shall
-be-
ORDINANCE N6. 3 of 1865.
Malicious Injuries to Properti,/.
liable, at the discretion of the Court, to be kept in penal servitude for
any
term not exceeding fourteen years and not less than three years,-or to be
imprisoned for any term not exceeding two years, with or without hard
labour, and, if a male under the age of sixteen years, with or without
Tipping.
$. Whosoever shall unlawfully and maliciously by any overt act Attempting
attempt to set fire to any building, or any matter or thinto set fire to
g in the last buildings.
preceding section mentioned, under such circumstances that if the same
were thereby set fire to the offender would be guilty of felony, shall be
guilty
of felony, and being convicted thereof shall be liable, at the discretion
of
the Court, to be kept in penal servitude for any term not exceeding
fourteen and not less than three years,-or to be imprisoned for any term
not exceedin; two years, with or without hard labonr, and with or
without solitary confinement, and, if a male under the aUe of sixteen
years, with or without whipping.
Injuries by explosive Substances to Buildings and Goods therein:-
9. Whosoever shall unlawfully and maliciously, by the explosion of
gunpowder or other explosive substance, destroy, throw down,, or damage
the whole or any part of ally dwelling house, any person being
therein,-or of any building whereby the life of any person shall be
endangered,-shall be guilty of felony, and being convicted thereof
shall be liable, at the discretion of the Court, to be kept in penal
servitude for life, or for.any term not less than three years,-or to be
imprisoned for any, term not exceeding two years, with or without hard
labour, and with or without solitary confinement, and, if a male under
the age of sixteen years, with or without whipping,
10. Whosoever shall unlawfully and maliciously place or throw 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 take place, and whether or not any damage
be caused, be guilty of felony, and being convicted thereof shall be
liable, at the discretion of the Court, to be kept in penal servitude for
any term not exceeding fourteen and not less than three years,-or to
be imprisoned for any term not exceeding two years, with or without
hard labour, and with or without solitary confinement, and, if a male
under the age of sixteen years, with or without whipping.
Dcst.roy ing,
&C., a house
with gnnpow-
der, Rny
person 17ei~i~ -
the rcict: -
Attempting
to destroy
buildings
with gunpow-
J
der.
'40
1.tioters injur
iug building,
machinery,
ORDINANCE No. 8 of 1865.
Malicious Injuries to Property.
Injuries to Buildings by Rioters, ~c.:=-
nioterH 11. If any persons, riotously and tumultuously assembled together
<~huch,h~n~ toAhe disturbance. of the public peace, shall unlawfully and
with force
building, RC. demolish, or pull down or destroy, or begin to demolish,
pull down, or
destroy, any church, chapel, meeting house, or other place ofdivine
worship~;-
-or any house, stable, coach-house, out-house, warehouse, godown, office;-
shop, store, mill, store house, granary, hovel, shed, or fold, or any
building
or erection used in farming land, or in carrying on any trade or manufac-
ture or any branch thereof,-or any building other than such as are in
this section before mentioned, belonging to the Queen, or to the Colony,
or
devoted or dedicated to public use or ornament, or erected or maintained
by
public subscription or contribution,-or any machinery, whether fixed or
moveable, prepared for or employed in the business of any manufacture
or in any branch thereof,-every such offender shall be guilty of felony,
and being convicted thereof shall be liable, at the discretion of the
Court
to be kept in penal servitude for life or for any term not less than three
years,-or to be imprisoned for any term not exceeding two years, with
or without hard labour, and with or without solitary confinement.
12. If any persons, riotously and tumultuously assembled together
to the disturbance of the public peace, shall 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, store house, granary, hovel, shed, fold,
building,
erection or machinery, as is in the last preceding section
Mentioned,-every
such offender shall be guilty of a misdemeanor, and being convicted
thereof shall be liable, at the discretion of the Court, to be kept in
penal
servitude for any term not exceeding seven years and not less than three
years,-or to be imprisoned for any term not exceeding two years, with
or without hard labour: Provided that if upon the trial of any person for
any felony in the last preceding section mentioned, the jury shall not be
satisfied that such person is guilty thereof, but shall be satisfied that
be
is guilty of any offence in this section mentioned, then the jury may find
him guilty thereof, and he may be punished accordingly.
Injuries to Buildings by Tenants:-
Teiiftllts of 13. Whosoever, being possessed of any dwelling house or other
houses, &c.
maliciously
injuring
them.
building, or part of any dwelling house or other building, held for
any term of years or other less terra, or at will, or held over after the,
ORDINANCE No. 8 of 1865.
Malicious Injuries to Property.
termination of any tenancy, shall unlawfully and maliciously pull down
or demolish, or begin to pull down or demolish, the same or any part
thereof, or shall unlawfully and maliciously pull down or sever 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 misde-
meanor, and being convicted thereof shall be liable, at the discretion of
the Court, to be imprisoned for any term not exceeding eighteen months,
with or without hard labour.
Injuries to Machinery,
841
14. Whosoever shall unlawfully and maliciously cut, break, or nstvorh,g
Machinery,
destroy, or damage with intent to destroy or to render useless, any &c.
machine or engine, whether fixed or moveable, used or intended to be used
in any manufacture whatsoever, shall be guilty of felony, and being
convicted thereof shall be liable, at the discretion of the Court, to be
kept
in penal servitude for any term not exceeding seven years and not less
than three years,-or to be imprisoned for any term not exceeding two
years, with or without hard labour, and with or without solitary confine-
ment, and, if a male under the age of sixteen years, with or without
whipping.
Injuries to Crops, Trees, and vegetable Productions:-
16. Whosoever shall unlawfully and maliciously set 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
Av ood, 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
being convicted therLof shall be liable, at the discretion of the Court,
to
be kept in penal servitude for any term. not exceeding fourteen years, and
not less than three years,-or to be imprisoned for any term not exceeding
two years, with or without hard labour, and with or without solitary
confinement, and, if a male under the age of sixteen years, with or with-
out whipping.
16. Whosoever shall unlawfully and maliciously set fire to any heap
setting fim to
or stack of corn, rice, grain, pulse, tares, hay, straw, or of any
cultivated st`~k~' ~`
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 being
convicted
thereof shall be liable, at the discretion of the Court, to be kept in
penal
setting fire to
crops, kc:.
ORDINANC>J No. 8 of 1865,
malicious Injuries to Property.
servitude for life, or for any term not less than three years,-or to be
imprisoned for any term not exceeding two years, with or without hard
labour, and with or without solitary confinement, and, if a male under the
~,ge~of,4 i.xteen years, with or without whipping.
Attempting , 11: Whosoever shall unlawfully and maliciously by any overt
act
to set fire to
crops, &e. attempt to set fire to any such matter or thing as in either of
the last two'
preceding sections mentioned, under such circumstances that if the same
were thereby set fire to the offender would be, under either of such
sections, guilty of felony, shall be guilty of felony, and being convicted
thereof shall be liable, at the discretion of the Court, to be kept in
penal
servitude for any term not exceeding seven and not less than three years,
-or to be imprisoned for any term not exceeding two years, with or
without hard labour, and with or without solitary confinement, and, if, a
male under the age of sixteen years, with or without whipping.
Destroying
trees, &c., t0
the value of
more than $6,
growing in a
pleasure
ground, &c.
Destroying
trees, to the
value of more
than $25,
growing else-
where than in
a pleasure
ground, S:c.
18. Whosoever shall unlawfully and maliciously cut, break, bark,
root up, or otherwise destroy or damage the whole or any part of any
tree, sapling, or shrub, or any underwood growing in any pleasure
ground, garden, orchard, or avenue, or in any ground adjoining or
belonging to any dwelling house, (in case the amount of the injury done
shall exceed the sum o£ five dollars,) shall be guilty of felony, and
being
convicted thereof shall be liable, at the discretion o£ the Court, to be
kept
in penal servitude for the term of three years,-or to be imprisoned for
any term not exceeding two years, with or without hard labour, and with
or without solitary confinement, and, if a male under the age of sixteen
years, with or without whipping.
19. Whosoever shall -unlawfully and maliciously cut, break; bark,
root up, or otherwise destroy or damage the whole or any part .of any
tree, sapling, or shrub, or any underwood, 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
shall exceed the sum of twenty-five dollars,) shall be guilty of felony,
and being convicted thereof shall be liable, at the discretion of the
Court,
to be kept in penal servitude for the term of three years,-or to be
imprisoned for any term not exceeding two years, with or without hard
labour, and with or without solitary confinement, and, if a male under
the age of sixteen years, with or without whipping.
ORDINANCE No. s of .1865.'
Malicious Injuries to P9opertp.
20. Whosoever shall unlawfully and maliciously cut, break, bark,
root up, or otherwise destroy or damage the whole or any part of any
tree, sapling, or shrub, or any underwood, wheresoever the same may be
growing, the injury= done being to the amount of twenty-four cents_at,the
least, shall, on conviction thereof before a Police Magistrate, at
the~discre-
tion of the Magistrate, either be committed to the common gaol, thereto
be imprisoned only, or to be imprisoned and kept to hard labour for any
term not exceeding three months, or else shall forfeit and pay, over and
above the amount of the injury done, such sum of money not exceeding
twenty-five dollars, as to the Magistrate shall seem meet ; and
whosoever, ~ee0,i
having been convicted of any such offence, either against this or any .
°ffe:'e`'
former enactment in force in this Colony, shall afterwards commit any
of the said offences in this section before mentioned, and shall be
convicted
thereof in like manner, shall for such second offence be committed to the
common gaol, there to be kept to hard labour for such term, not exceed-
ing six months, as the convicting Magistrate shall think fit; and who-
r~:~:~t ~
soever, having been twice convicted of any such offence (whether both or
either of such convictions shall have taken place before or after the
passing
of this Ordinance,) shall afterwards, commit any of the said offences in
this section before mentioned, shall. be guilty of a misdemeanor, and
being
convicted thereof shall be liable, at the discretion of the Court, to be
imprisoned for any term not exceeding two years, with or without hard
labour, and with or without solitary confinement, and, if a male under
the age of sixteen years, with or without whipping.
21. Whosoever shall unlawfully and maliciously destroy, or damage
with intent to destroy, any plant, root, fruit,, or vegetable production,
growing in any garden, orchard, nursery ground, hothouse, greenhouse,
or conservatory, shall, on conviction thereof before a Police Magistrate,
at
the discretion of the Magistrate, either be committed to the common gaol,
there to be imprisoned only, or to be imprisoned and kept to bard labour,
for any term not exceeding six months, or else shall forfeit and pay, over
and above the amount of the injury done, such sum of money not exceeding
one hundred dollars as to the Magistrate shall seem meet; and whosoever,
having been convicted of any such offence, either against this or any
former enactment in force in this Colony, shall afterwards commit any of
the said offences in this section before mentioned, shall .be guilty of
felony,
and being convicted thereof shall be liable, at the discretion of the
Court,
Destroying
trees, Src.,
wheresoever
growing tot] :e
:uuonnt of 24
cent.
Destroying
any fruit or
vegetable
production
in a garden.
Subsectucnt
offence.
Second
ORDI1 ANC`s ~ No. 8 of 1865.
Malicious h juries to Property.
to be kept in penal servitude for the term of three years,-or to be im-
prisoned for any term not exceeding two years, with or without hard
labour, and with or without solitary confinement, and, if a male under
the age of sixteen years, with or without whipping.
nes4wyi11gf 22. Whosoever shall unlawfully and maliciously destroy, or
damage
vegetable
hn(maucttong with intent to destroy, any cultivated root or plant used for
the food of
nc>t growin~;
w ,ardciis,, 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 inclosed,
not being a garden, orchard, or nursery ground, shall, on conviction
thereof before a Police Magistrate, at the discretion of the Magistrate,
either
be 'committed to the common gaol, there to be imprisoned only, or to be
imprisoned and kept to hard labour, for any term not exceeding one month,
or else shall forfeit and pay, over and above the amount of the injury
done,
such sum of money not exceeding five dollars as to the Magistrate shall
seem meet, and in default of payment thereof, together with the costs; if
ordered, shall be committed as aforesaid for any term not exceeding one
cat>scu«vll+. month, unless payment be sooner made; and whosoever, having
been
convicted of any such offence either against this or any former enactment
in force in this Colony, shall afterwards commit any of the said offences:
in this section before mentioned, and shall be convicted thereof in like
manner, shall be committed to the common gaol, there to be kept to hard
labour for such term not exceeding six months as the convicting Magis-
trate shall think fit.
Injuries to heraees:-
Dmtroyiug,
&e., au y 1'enco,
2$. Whosoever shall unlawfully- and maliciously cut, break, throwdown, or
in anywise destroy any fence or paling of any description what-
soever, or any wall, stile, or gate, or any part thereof respectively,
shall,:
on conviction thereof before a Police Magistrate, for the first offence
forfeit.
and pay, over and above the amount of the injury done, such sum of money
not exceeding twenty-five dollars as to the Magistrate shall seem meet ;.
and whosoever, having been convicted of any such offence, either against
this or any former enactment in force in this Colony, shall afterwards..
commit any of the said offences in this section before mentioned, and
shall
be convicted thereof in like manner, shall be committed to the common,
gaol, there to be kept to hard labour for such term not exceeding six.
months as the convicting Magistrate, shall thinly fit.
ORDINANCE PTO ` 8 OF 1865.
Malicious Injuries to Proper~l.
Injuries to Sea Banks, 4-c.:-
N4. Whosoever sball unlawfully and maliciously break down or cut
down or otherwise damage or destroy 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 shall be or shall be in danger of
being overflowed or damaged,-or shall unlawfully and maliciously throw,
break, or cut down, level,' undermine, or otherwise destroy, 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 being
convicted thereof shall be liable, at the discretion of the Court, to be
kept
in penal servitude for life or for any term not less than three
years,----or
to be imprisoned for any term not exceeding two years, with or without
hard labour. and with or without solitary confinement, and, if a male
under the age of sixteen years, with or without whipping.
26. Whosoever shall unlawfully and maliciously cut off, draw up,
liew,ovi::
piles of any
or remove any piles, or other materials fixed in the ground, and used for
sea-bank, ke-
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 shall unlawfully and maliciously open or
-draw up any floodgate, or sluice, or do 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 maintain-
ing the navigation or drainage thereof,- shall be guilty of felony, and
being convicted thereof shall be liable, at the discretion of the Court,
to
be kept in penal servitude for any term not exceeding seven years and not
less than three years ,-or to be imprisoned for any term not exceeding
two years, with or without bard labour, and with or without solitary con-
finement, and, if a male under the age of sixteen years, with or without
whiplung.
Dam.yinn
:w,y Sea-W1111,
Injuries to 13ridyes, Viaducts, 4,c.:--
26. Whosoever shall unlawfully and maliciously pull or throw down
1,:ry to a
.
or inranywise destroy any bridge (whether over any stream of water or
public b~c(lgro.
not), or any viaduct or aqueduct; over or under which bridge, viaduct, or
aqueduct, any highway or canal shall pass, or do any injury with intent
and so as thereby to render such bridge, viaduct, or aqueduct, or the
high-
OIiI)IN A 1~C~`~ hTo. 8 of 18 6 5.
Malicious Injuries to Property.
way or canal, passing over, or under the same, or any part thereof,
dangerous or impassable, shall be guilty of felony, and being convicted
thereof shall be liable, at the discretion of the Court, to be kept in
penal
servitude for life or for any term not less than three years,-or to be
imprisoned for any term not exceeding two years, with or without hard
labour, and with or without solitary confinement, and, if a male under the
age of sixteen years, with or without whipping.
Injuries to Telegralrohs:-
rnj1.,e5 to `Z7. Whosoever shall unlawfully and maliciously cut, break,
throw
<u~oro'cos~,do~,n destroy, injure or remove any battery, machinery, wire
cable post
W wynetic; > > > > > > >
telegralhs.
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 shall unlawfully and maliciously prevent or obstruct in any
manner whatsoever the sending, conveyance, or delivery of any commu-
nication by auy such telegraph, shall be guilty of a misdemeanor, and
being convicted thereof shall be liable, at the discretion of the Court,
to
be imprisoned for any term not exceeding two years, with or without
hard labour: Provided that if it shall appear to a Police Magistrate, on
the examination of any person c harged with any offence against this
section, that it is not expedient to the ends of justice that the same
should
be prosecuted by information, the Magistrate may proceed summarily to
hear and determine the same, and the offender shall, on conviction
thereof,
at the discretion of the Magistrate, either be committed to the common
gaol, there to be imprisoned only, or to be imprisoned and kept to hard
labour, for any term not exceeding three months, or else shall forfeit and
pay such sum of money not exceeding fifty dollars as to the Magistrate
shall seem meet.
Attempt,,; to
iu,iure sucli
tClenrralOzs.
`Z$. Whosoever shall unlawfully and maliciously, by any overt act,
attempt to commit any of the offences in the last preceding section men-
tioned, shall, on conviction thereof before a Police Magistrate,, at the
discretion of the Magistrate, either be committed to the common gaol,.
there to be imprisoned only, or to be imprisoned and kept to hard
l~'bour;.
for any term not exceeding three months, or else shall forfeit and pay
such sum of money not exceeding fifty dollars as to the Magistrate -shall
seem meet.
ORDINANCE No. 8 or? 18.65.
Malicious Injuries to 1-~-operdy.
liajuries to YlTorks of Art:-
29. Whosoever shall unlawfully and maliciously destroy or damage
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 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 the Queen, or to the Colony, or to any college,
or in any street, square, churchyard, burial ground, public garden or
ground, or any statue or monument exposed to public view or any orna-
ment, railing, or fence surrounding such statue or monument, shall be
guilty of a misdemeanor, and being convicted thereof shall be liable to be
imprisoned for any term not exceeding six months, with or without bard
labour, and, if a male under the age of sixteen years, with or without
whipping ; provided that nothing herein contained shall be deemed to
affect
the right of any person to recover, by action at law, damages, for the
injury so committed.
Injuries to Cattle and other Animals:-
Injuries to
works of art
in museums,
churches, &c.,
or in public
places.
30. Whosoever shall unlawfully and maliciously kill, maim, or Killing . or
wound any cattle shall be guilty of felony, and being convicted thereof
cattle.maiming
shall be liable, at the discretion of the C%ourt, to be kept in penal ser-
vitude for any term not exceeding fourteen and not less than three
years,-or to be imprisoned for any term not exceeding two years, with '
or without hard labour, and with or without solitary confinement.
31. Whosoever shall unlawfully and maliciously hill, maim, or
wound any dog, bird, beast, or other animal, not being cattle, but being
either the subject of larceny at Common Law in England, or being ordi-
nar ilk kept in a state of confinement, or for any domestic purpose, shall
on conviction thereof before a Police Magistrate, at the discretion of the
Magistrate, either be, committed to the common gaol, there to be im-
prisoned only, or to be imprisoned and kept to hard labour, for any= term
Fillinn= or
maim111' other
animals.
second
offence.
ORDINANCIE~tTo. 8 0F I86 5).
Malicious Injuries to Property.
not exceeding six months, or else shall forfeit and pay, over and above
the amount of injury done, such sum of money not exceeding one
hundred dollars as to the Magistrate shall seem meet ; and whosoever,
having been convicted of any such offence, shall afterwards commit - any
of the said offences in this section before mentioned, shall,be guilty of
a
misdemeanor, and being convicted thereof shall be liable to be imprisoned,
for any term not exceeding twelve months with or without hard labour.
Injuries to SUPS:-
Setting fire 32. Whosoever shall unlawfully and maliciously set fire to,
cast
to a ship. away, or in anywise destroy any ship or vessel, whether the
carne be
x»vomplte or in an unfinished state, shall be guilty of felony, and being:
convicted thereof shall be liable, at the discretion of the Court, to be
kept in penal servitude for life or for any term not less than three
years,-or to be imprisoned fir any term not exceeding two years, with
or without hard labour, and with or without solitary confinement, and,
if a male under the age of sixteen years, with or without whipping.
33. Whosoever shall unlawfully and maliciously set fire to, or cast
away or in anywise destroy any ship or vessel, with intent thereby to
prejudice any owner or part owner of such ship or vessel, or of any
goods on board the same, or any person that has underwritten or shall
underwrite any policy of insurance upon such ship or vessel, or on the
freight thereof, or upon any goods on board the same, shall be guilty of
felony, and being convicted thereof shall be liable, at the discretion of
the Court, to be kept in penal servitude for life or for any term not leis
than three years,-or to be imprisoned for any term not exceeding two
years, with or without hard labour, and with or without solitary con-
finement, and, if a male under the age of sixteen years, with or without
whipping. .
Attempting 34. Whosoever shall unlawfully and maliciously, by any overt
act,
to set fire to
a, Ship. attempt to set fire to, cast away, or destroy any ship or vESSeI,
under
such circumstances that if the ship or vessel were thereby sec fire to,
cast away, or destroyed, the offender would be guilty of felony, shall be
guilty of felony, and being convicted thereof shall be liable; at the dis-
cretion of the Court, to be kept in penal servitude for any term not
exceeding fourteen and not less than three years,-cr to be imprisoned
for- any term not exceeding two years, with or without hard labour, and
Setting fire
to sliipa to
preju~ae the
ncvuers or
vnciorwriters.
ORDINANCE No. 8 of 1865.
Malicious Injuries to Property.
with or without solitary confinement, and, if a male under the age of
sixteen years, with or without whipping.
35. Whosoever shall unlawfully and maliciously place or throw
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 take place, and whether or not any injury
be effected, be guilty of felony, and being convicted thereof shall be
liable, at the discretion of the Court, to be kept in penal servitude for
any term not exceeding fourteen and not less than three years,-or to
be imprisoned for any term not exceeding two years, with or without
hard labour, and with or without solitary confinement, and, if a male'
under the age of sixteen years, with or without whipping.
36. Whosoever shall unlawfully and maliciously damage, otherwise
than by fire, gunpowder, or other explosive substance, any ship or
vessel, whether complete or in an unfinished state, with intent to destroy
the same or render the same useless, shall be guilty of felony, and being
convicted thereof shall be liable, at the discretion of the Court, to be
kept
in penal servitude for any term not exceeding seven years and not
less than three years,-or to be imprisoned for any term not exceeding
two years, with or without hard labour, and with or without solitary
confinement, and, if a male under the age of sixteen years, with or
without,', hip ping.
3'7. Whosoever shall unlawfully mask, alter or remove any light or
signal, or unlawfully exhibit any false light or signal, with intent to
bring any ship, vessel or boat into danger, or shall unlawfully and
maliciously do 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 being convicted thereof shall be
liable, at the discretion of the Court, to be kept in penal servitude for
life, or for any term not less than three' years,--or to be imprisoned for
any term not exceeding two years, with or without hard labour, and
with or without solitary confinement, . and, if a male under the age of
sixteen years, with or without whipping.
38. Whosoever shall unlawfully and maliciously cut away, cast
adrift, remove, alter, deface, sink, or destroy, . or shall unlawfully and
maliciously do any act with intent to cut away, cast-adrift, remove,
alter,
deface, sink, or destroy, or shall in any` other manner unlawfully and
Placing gun-
powder near
a ship with
intent to
damage it.
Damaging
ships othcr-
wice than by
fire.
Exhibiting
fftlse ~i~nal
Removing or
concealing
buoys and
other sea
mark.
Destroying
wrecks or any
articles
belonging
thereto.,
sending
letters
threatening
to burn or
destroy
houses,
buildings,
ships, s;,o.
Persons
committing
malicious
injuries not
beam pro-
vided for
exceeding the
amount of
$20.
ORDINANCE, No. 8 of 1865.
Malicious Injuries to Property.
maliciously injure or conceal 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 being convicted thereof shall
be liable, at the discretion of the Court, to be kept in penal servitude
fog
any term not exceeding seven years and not less than three years,-or
to be imprisoned for any term not exceeding two years, with or without
hard labour, and with or without solitary confinement, and, if a male
under the age of sixteen years, with or without whipping.
$9. Whosoever shall unlawfully and maliciously destroy any part
of any ship or vessel which shall be in distress, or wrecked, stranded, or
cast on shore, or any goods, merchandise, or articles of any kind belong-
ing to such ship or vessel, shall be guilty of felony, and being convicted
thereof shall be liable, at the discretion of the Court, to be kept in
penal
servitude for any term not exceeding fourteen and not less than three
years,-or to be imprisoned for any term not exceeding two years, with
ox without hard labour, and with or without solitary confinement.
Sending Letters threatening to burn or destroy:--
40. Whosoever shall send, deliver, or utter, or directly or indirectly
cause to be received, knowing the contents thereof, any letter or writing
threatening to burn or destroy any house, barn, or other building, or
any sick 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 being convicted thereof shall. be
liable, at the discretion of the Court, to be kept in penal servitude for
any term not exceeding ten years, and not less than three years,-or to
be imprisoned for any term not exceeding two years, with or without
hard labour, and with or without solitary confinement, and, if a male
under the age of sixteen years, with or without whipping.
Ind'ziries not. before provided for:-
41. Whosoever shall unlawfully and maliciously commit any
damage, injury, or spoil to or upon any real or personal property what-
soever, 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
being convicted thereof shall be liable, at the discretion of the Court,
to
ORDINANCE No. 8 of 1865.
.3talicious Injuries to Broperty.
be imprisoned for any term not exceeding two years, with or without
hard labour; and in case any such offence shall be committed between
the hours of nine of the clock in the evening and six of the clock in the
next morning, shall be liable, at the discretion of the Court, to be kept
in penal servitude for any term not exceeding five years and not less
than three years,-or to be imprisoned for any term not exceeding two
years, with or without hard labour.
42. Whosoever shall wilfully or maliciously commit 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--herein-
before provided, shall, on conviction thereof before a Police Magistrate,
at the discretion of the Magistrate, either be committed.to the common
gaol, there to be imprisoned only, or to be imprisoned and kept to hard
labour, for any term not exceeding two months, or else shall forfeit - and
pay such sum of money not exceeding twenty-five dollars as to the
Magistrate shall seem meet, and also such further sum of honey as shall
.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 of money 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, the money shall
be paid to Iler Majesty for the use of the Colony, and in support of the
Government thereof; and if such sums of money, together with costs
(if ordered,) shall not be paid either immediately after the conviction,
or
within such period as the Magistrate shall at the time of the conviction
appoint, the Magistrate may commit the offender to the common gaol,
there to be imprisoned only, or to be imprisoned and kept to hard labour,
as the Magistrate shall think fit, for any term not exceeding two months,
unless such sums and costs be sooner paid: 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.
SS111111
-wary
C'ouvictiou
311 ca,o of
malioioti,
injury.
Not to extend.
to certain.
Ci18CS.
43. The provisions in the last preceding section contained shall r-dim
Section to
-extend to any person who shall wilfully or maliciously commit any injury
txtes«1 to
to any tree, sapling, shrub, or underwood, for which no punishment i5
:herein-before provided.
ORDINANCE No. 8 of 1865.
Malicious Injuries to Property.
1t7aking Gunpowder to commit 0,fences, and searching for the same:
Making ,. 44. Whosoever shall make or manufacture, or knowingly have ill
having inxn-
powder, &c., his possession, an gunpowder or other explosive substance or
an
with ]ntentto dangerous or noxious thing or any machine engine instrument
or
commitanp ti a> > a > >
felony against thin.athis Ordi- , with intent thereby or by means thereof
to commit, or for the
`'. purpose of enabling any other person to commit, any of the felonies in
this Ordinance mentioned, shall be guilty of a misdemeanor, and being
convicted thereof shall be liable, at the discretion of the Court, to be
imprisoned for any term not exceeding two years, with or without hard
labour, and with or without solitary confinement, and, if a male under.
the age of sixteen years, with or without whipping.
Police Magis- m 45, ;When any machine, engine, implement, or thing, or
any gun-
t rate May
,issue warrarzrowder om.oer explosive, dangerous; or noxious substance,
is suspected
for seurohint'
-
Louses, &c., to be made, liept,.or carried for the purpose of being used
in conmittina
fw finch giu-
]owder, anyOof tie felonies in this Ordinance mentioned, a Police
Magistrate may
Noe Ord. °
Nr). z (Ifzsps upon reasonable case assigned upon oath, affirmation or
declaration by
°~' 7 Ord. N''
y af 1873 an person, issue a warrant under his hand for searching in the
daytime -
13.] p
x. z3.] anY, house mill xnagazine, godown, storeJ.lousei warehouse, shop,
cellar,
yard, wharf, or other place, or any carriage, wagf;on, cart, ship, boat,
or
vessel; in which the same is suspected to be made, kept, or carried for
such purpose as herein-before mentioned; and every person acting in the
elocution of any such warrant shall have, for seizing, removing to proper
places, and detaining every such. machine, engine, implement, and thing,
and all such gunpowder, explosive, dangerous, or noxious substances
found upon such search, which he shall have good cause to suspect to be,
intendAd to be used in committing any such offence, and the barrels,
packages, cases, and other receptacles in which the same shall be, the
same powers and protections which are given to persons searching for-
unlawful quantities of gunpowder under the warrant of a Justice by an
Act of the Imperial Parliament passed in the session holclen in.the
twenty-
third and twenty-fourth years of the Reign of Her present Maje'sty,,
chapter one hundred and thirty-nine, intituled 'An Act to amend the
Law concerning the Making, Keeping and Carriage of Gunpowder and
Compositions of an explosive Nature and concerning the Manufacture, Sale
and Use of Fireworks.'
1'miishment
of Principal',
in the second
Other Illatlehs:-
46. In the case of every felony punishable under this Ordinance;
every principal in the second degree, and every acc.ssory before the fact,
ORDINANCE No. 8 or 18Gi;.
Malicious I7jurics to Property.
shall be punishable in the same manner as the principal in the first
degree ai:gree ai1
is by this Ordinance punishable; and every accessory after the fact to
any neoe:HnrioH.
felony punishable under this Ordinance shall on conviction be liable, at
the discretion of the Court, to be imprisoned for any term not eiceedin
two years, with or Avithout hard labour, and with or without solitary
confinement; and every person who shall aid, abet, counsel, or procure
the commission of any misdemeanor punishable under this Ordinance
shall be liable to be proceeded against, indicted, and punished as a
princi-
pal offender.
4'7. Any constable or peace officer may take into custody, without
*auettors ill
misden)eaxlora
.a warrant, any person whom he shall find lying or loitering in any hill-
ns to *pero»H
loitering nt
way, yard, or other place, during the night, and wholnrhe shall have
night and
suspected of
good cause to suspect of having committed or being about tcc6nlnit any;
'elony.
hrx-
felony acfainst this Ordinance, and shall take such pehsdil as soon as
sioa ~f~
reasonably may be before a Police Magistrate, to be dealt with tecorcTnb
to law.
48. Every punishment and forfeiture by this Ordinance imposed
on any person maliciously committing any offence, whether the same be
punishable upon information or upon summary conviction, shall equally
-apply and be enforced, w Nether the offence shall be committed from
malice conceived against the owner of the property in respect of which it
shall be committed or otherwise.
49. Every provision of this Ordinance not herein-before so applied
shall apply to every person who, with intent to injure or defraud any
'other person, shall do any of the acts herein-before made penal, alhouh
the offender shall be in possession of the property against or in respect
-of which such act shall be done.
50. It shall he sufficient in any information for any offence against
this Ordinance, where it shall be necessary to allege an intent to injure
-or defraud, to allege that the party accused did the act with intent to
injure or defraud (as the case fray be,) without alleging an intent to
injure or defraud any particular person; and on the trial of any such
offen~ 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 party
accused did the act charted with an intent to injure or defraud (as the
.case may be).
Malice
against owner
of property
unnecessary.
Provisions u£
this Ordi-
nance shall
apply to
persons in
p099eHHlo1) ()f
rlie property
injured.
Intent to
injure parti-
cular person
need not by
stated in
information.
=P gln' t
fti`ni;
offence may
be apprehend.
ed.
ORDINANCE No. 8 of 186.
Malicious Injuries to Property.
51. Any person found committing any offence against this Ordinance,,
whether the same be punishable upon information or upon summary
conviction, may be immediately apprehended, without a warrant, by any
peace officer, or the owner of the property injured, or his servant, or
any
person authorised by him; and forthwith taken before a Police Magistrate,
to be dealt with according to law.
Alo(to of Com- 62. Where any person shall be charged on the oath,
affirmation or
polling the
appearance of declaration of a credible witness before a Police
Magistrate, with any
persons
punishable on offence punishable on summary conviction under this
Ordinance, the
Fummary con-
,.;~t,;~,t, Magistrate may summon the person charged to appear at a time
and
place to be named in such summons; and if he shall not appear accord-
ingly, then (upon proof of the due service of the summons upon such
person by delivering the same to him personally, or by leaving the same
at his usual place of abode,) the Magistrate may either proceed to hear
and determine the case ex pay°te, or issue his warrant for apprehending
such person and' bringing him before himself or some other Police Magis-
trate; or the Magistrate before whom the charge shall be made may (if
he shall so think fit), without any previous summons (unless where other-
wise specially directed), issue such warrant.; and the Magistrate before
whom the person charged shall appear or be brought shall proceed to
hear and determine the case.
Abettors in
offences
punishable on
summary con-
viction.
Application
of i.`urfeitures
and penalties
upon sum-
mary convic
Pious.
6$. Whosoever shall aid, abet, counsel, or procure the commission
of any offence which is by this Ordinance punishable on summary con-
viction, either for every time of its commission, or for the first and
second
time only, or for the first time only, shall, on conviction before a
Police
Magistrate, be liable, for every first, second, or subsequent offence of
aiding, abetting, 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 shall be forfeited for the amount
of any injury done shall be assessed in each case by the convicting Magis-
trate, and shall be paid to the party aggrieved, except where she= is
unknown, and in that case such sum shall be applied in the same3anner
as a penalty; and every sum which shall be imposed as a penalty by a
Police Magistrate, .whether in addition Wsuch amount or otherwise, shall
be, paic.to Her Majesty for the use of the Colony and in support of the
o-iIDINANCE No, 8 of 1865.
malicious Injuries to Property.
Government thereof: Provided that where several persons shall join in
the commission of the same offence, and shall, upon conviction thereof,
each be adjudged to forfeit a sum equivalent to the amount of the injury:
done, in every such case no further sum shall be paid to the party
aggrieved than such value or amount; and the remaining sum or sums
forfeited shall be applied in the same manner as any penalty imposed by
a Police Magistrate is hereinbefore directed to be applied.
55. In every case of a summary conviction under this Ordinance,
where the sum which shall be forfeited for the amount of the injury done,
or which shall be imposed as a penalty by the Magistrate, shall not be
paid, either immediately after the conviction, or within such period as
the
Magistrate shall, at the time of the conviction, appoint, the convicting
Magistrate (unless where otherwise specially directed) may commit the
offender to the common gaol, there to be itnj)risoned, only, or to be
imprisomd and kept to. hard labour, according to the discretion of the
flariistrate, for any term not exceeding two months, where the amount
of the sum forfeited, or of the penalty imposed, or of both, (as the case
may be), together with the costs, shall not exceed twenty-five dollars;
and for any term not exceeding four months ,where the amount, with'
costs, shall not exceed fifty dollars; and for any term not exceeding six
months in any other case; the commitinent to be determinable in each of
the cases aforesaid upon payment of the amount: and costs.
56. Where any person shall be summarily convicted before a Police
Magistrate of any offence against this Ordinance, and it shall be a first
conviction,. the Magistrate nlay, if he shall so think fit, discharge the.
offender from his conviction upon his snaking such satisfaction to the
party aggrieved for damages and costs, or either of them, as shall be.
ascertained by the Magistrate.
b'7. When any person convicted of any offence punishable upon .
summary conviction by virtue of this Ordinance, shall have paid the sum
adju(tged to be paid, together with costs, under such conviction, or shall
haereeeived a remission thereof from the Crown, or from the Governor, '
or h-h.If have suffered the imprisonment awarded for non-payment thereof,
or the imprisonment awarded in the first instance, or shall have been so
dis~dlarged from 1lis, conviction .-by _ariy Magistrate. as af ores~iid,
lie shall
be released front. all further or other proceedings for the same ca-ufe.
Proviso whexe
several x
persons joinin
commission of-
same offence.
If a person
summarily
convicted
shall not pay,
.Cc., the
Magistrate
may commit
him.
Magistrate
maydischarge.
offender in
certain- cases.-,
Summary
conviction
shall be a bar
to any other
proceeding.
General issue.
ur<1 labour.
[*Rep. by
Ord. No. 18
1885,]
solitary
confinement
and ,yvbipping.
Fine and
,AuFeties for
,keeping the
ORDINANCE No. 8 0v 1865.
Malicious Injuries to Property.
6$, till actions and prosecutions to be commenced against any
Yperson for anything done in pursuance of this Ordinance shall be
commenced within six months after the fact committed, and not otherwise;
and notice in writinn of such action, and of the cause thereof, shall be'
given to the defendant one month at least before the coin nocncement of
the action ; and in any such action the defendant p a~ plead the general
issue, and give this Ordinance and the special matter in evidence at any-
trial to. be had thereulu>n ; and 'no plaintiff shall recover in any such.
action if tender of sufficient arrrends shall have been made before such
action brought, or if a sufficient sure o£ money shall have been paid into
Court after such action broualrt, by or on behalf of the defendant; and if
a verdict shall pass for the defendant, or the plaintiff shall became
nonsuit,
nor discontinue any such action after issue joined, or if, upon demurrer
or
.otherwise, judgment shall be given against the plaintiff, the defendant
shall recover his full costs as between attorney and client, and have the
lid and
,
though a verdict-shall be given for the plaintiff in any such action, such
plaintiff shall not have costs against the defendant, unless the <Tudge
before
whom the trial shall be shall certify his approbation of the action.
59, Whenever imprisonment, with or without hard labour, may be
awarded for any indictable offence under this Ordinance, the Court may
sentence the offender to be iunprisoned, or to be imprisoned and kept to
hard labour, and such sentence shall be carried out in accordance with
the provisions of Ordinance No. 4 of 1863, section 15.E
60. Whenever solitary confinement may be awarded for any
indictable offence under this Ordinance, the Court may direct the offender
to be kept in solitary confinement for any portiog. . or portions of his
i-mprisonmunt., or of his irnprisonrrrent with hard labour, not exceeding
one month at any one tune, and not exceeding three months in any one
year; .and whenever whipping may be'awarded for any, il~dictable offence
'under this Ordinance, the Court may, sentence the of`!6i~er to be once
privately whipped.; and the number o£ strokes, [' which shall in
aio',5case
exceed..forty' as amended b.t, Ordinance No. Z of 1866] and the
instrue;rrtr
with which they shall be inflicted, shall be specified by the Court `.ii
sentence.
61: Whezver any person shall :e convicted of any indictribfe~misdemwnor
punishable under this Ordinance, the Court may, if it shall.
Malicious Injuries to Property.
No. 8 of 1865.
th.iuk .fit, in addition to or in lieu of any of the punishments by this
Ordinance authorized, fine the offender, an(I require him to enter into
his
own recognizauces, and to find sureties, both or either, for keeping
the peace and being of good behaviour ; and in case of any felony
punishable under this Ordinance, the Court may, if it shall think fit,
require the offender., to enter into his own recol;nizances, and to find
sureties, both or either, for kecpin.. the peace, in addition to any
punishment by this Ordinance authorized : Provided that no person shall
be imprisoned under this clause for not finding sureties for any period
exceedin; one year.
62, N o summary conviction under this Ordinance shall be quashed No
summary
conviction or
for want of form, nor be removed by certiorari; and no warrant of warrant
to bee
commitment shall be held void by reason of any defect therein, provided`
~~aet of for
it be therein aller;ed that the party has been convicted, and there be a'-
valid conviction t() sustain the Safnc.
63. Every offence under this Ordinance made punishable on
summary conviction by a Police Magistrate, shall be prosecuted, tried,
and determined in the manner directed by Ordinance No. 10 of 1844, and.
every such Magistrate shall have, and is hereby invested with, full
jurisdiction, power, and authority. to deal with, enquire of'; try,
deterrnine_,.
and punish, every offence under this Ordinance made punishable ou
summary conviction by a Police Magistrate.
64. This Ordinance sliall commence and take effect on the fourteenth
Commence-
day of June, in the year one thousand eight hundred and sixty-five. o
ainanee.
what ewes.
837
Title.
[See 24 & 25 V. c. 97.]
Preamble.
Setting fire to a church or chapel.
Setting fire to a dwelling house, any person being therein.
Setting fire to a house, &c.
838
Setting fire to any engine any engine house, &c.
Setting fire to any public building.
Setting fire to other buildings.
Setting fire to goods in any building, the setting fire to which is felony.
839
Attmepting to set fire ti buildings.
Destroying, &c., a house with gunpowder, any person being therein.
Attempting to destroy buildings with gunpower.
840
Rioters demolishing church, building, &c.
Rioters injuring building, machinery, &c.
Tenants of houses, &c. maliciuosly injuring them.
841
Destroying machinery &c.
Setting fire to crops, &c.
Setting fire to stacks, &c.
842
Attemping to set fire to crops, &c.
Destroying trees, &c., to the value of more than $5, growing in a pleasure ground, &c.
Destroying trees, to the value of more than $25, growing elsewhere than in a pleasure ground, &c.
843
Destroying trees, &c., wheresoever growing to the amount of 24 cents.
Second offence.
Third offence.
Destroying any fruit or vegetable production in a garden.
Subsequent offence.
844
Destroying vegetable productions not growing in gardens, &c.
Subsequent offence.
Destroying, &c., any fence, &c.
Second offence.
845
Damaging any sea-wall, sea-bank, &c.
Removing piles of any sea-bank, &c.
Injury to a public bridge.
846
Injuries to electric or magnetic telegraphs.
Attempts to injure such telegraphs.
847
Injuries to works of art in museums, churches, &c., or in public places.
Killing or maiming cattle.
Killing or maiming other animals.
848
Second offence.
Setting fire to a ship.
Setting fire to ships to prejudice the owners or underwriters.
Attempting to set fire to a ship.
849
Placing gunpowder near a ship with intent to damage it.
Damaging ships otherwise than by fire.
Exhibiting false signals &c.
Removing or concealing buoys and other sea marks.
850
Destroying wrecks ro any articles belonging thereto.
Sending letters threatening to burn or destroy houses, buildings, ships, &c.
Perosns committing malicious injuries not before provided for exceeding the amount of $25.
851
Summary conviction on case of malicious injury.
Not to extend to certian cases.
Preceding section to extend to trees.
852
Making or having gunpowder, &c., with intent to commit any felony against this Ordinance.
Police Magistrate may issue warrant for searching houses, &c., for such gunpowder.
[See Ord. No. 1 of 1848 s. 7 Ord. No. 8 of 1873 s. 13.]
Punishment of principals in the second.
853
degree and accessories.
*Abettors in misdemeanors as to *persons loitering at night and suspected of felony.
[* Apprehension of]
Malice against owner of property unnecessary.
Provisions of this Ordinance shall apply to persons in possession of the property injured.
Intent to injure particular person need not be stated in information.
854
Persons in act of committing offence may be apprehended.
Mode of compelling the appearance of persons punishable on summary comviction.
Abettors in offences punishable on summary conviction.
Application of forfeitures and penalties upon summary convictions.
855
Proviso where several perosns join in commission of same offence.
If a person summarily convicted shall not pay, &c., the Magistrate may commit him.
Magistrate may discharge offender in certain cases.
Summary conviction shalll be a bar to any other proceeding.
856
Notice of action.
General issue.
Hard Labour.
[* Rep. by Ord. No. 18 of 1885.]
Solitary confinement and whipping.
Fire and sureties for keeping the
857
peace, in what cases.
No summary conviction or warrant to be quashed for want of form.
Procedure in cases or summary conviction.
Commencement of Ordinance.
Abstract
837
Title.
[See 24 & 25 V. c. 97.]
Preamble.
Setting fire to a church or chapel.
Setting fire to a dwelling house, any person being therein.
Setting fire to a house, &c.
838
Setting fire to any engine any engine house, &c.
Setting fire to any public building.
Setting fire to other buildings.
Setting fire to goods in any building, the setting fire to which is felony.
839
Attmepting to set fire ti buildings.
Destroying, &c., a house with gunpowder, any person being therein.
Attempting to destroy buildings with gunpower.
840
Rioters demolishing church, building, &c.
Rioters injuring building, machinery, &c.
Tenants of houses, &c. maliciuosly injuring them.
841
Destroying machinery &c.
Setting fire to crops, &c.
Setting fire to stacks, &c.
842
Attemping to set fire to crops, &c.
Destroying trees, &c., to the value of more than $5, growing in a pleasure ground, &c.
Destroying trees, to the value of more than $25, growing elsewhere than in a pleasure ground, &c.
843
Destroying trees, &c., wheresoever growing to the amount of 24 cents.
Second offence.
Third offence.
Destroying any fruit or vegetable production in a garden.
Subsequent offence.
844
Destroying vegetable productions not growing in gardens, &c.
Subsequent offence.
Destroying, &c., any fence, &c.
Second offence.
845
Damaging any sea-wall, sea-bank, &c.
Removing piles of any sea-bank, &c.
Injury to a public bridge.
846
Injuries to electric or magnetic telegraphs.
Attempts to injure such telegraphs.
847
Injuries to works of art in museums, churches, &c., or in public places.
Killing or maiming cattle.
Killing or maiming other animals.
848
Second offence.
Setting fire to a ship.
Setting fire to ships to prejudice the owners or underwriters.
Attempting to set fire to a ship.
849
Placing gunpowder near a ship with intent to damage it.
Damaging ships otherwise than by fire.
Exhibiting false signals &c.
Removing or concealing buoys and other sea marks.
850
Destroying wrecks ro any articles belonging thereto.
Sending letters threatening to burn or destroy houses, buildings, ships, &c.
Perosns committing malicious injuries not before provided for exceeding the amount of $25.
851
Summary conviction on case of malicious injury.
Not to extend to certian cases.
Preceding section to extend to trees.
852
Making or having gunpowder, &c., with intent to commit any felony against this Ordinance.
Police Magistrate may issue warrant for searching houses, &c., for such gunpowder.
[See Ord. No. 1 of 1848 s. 7 Ord. No. 8 of 1873 s. 13.]
Punishment of principals in the second.
853
degree and accessories.
*Abettors in misdemeanors as to *persons loitering at night and suspected of felony.
[* Apprehension of]
Malice against owner of property unnecessary.
Provisions of this Ordinance shall apply to persons in possession of the property injured.
Intent to injure particular person need not be stated in information.
854
Persons in act of committing offence may be apprehended.
Mode of compelling the appearance of persons punishable on summary comviction.
Abettors in offences punishable on summary conviction.
Application of forfeitures and penalties upon summary convictions.
855
Proviso where several perosns join in commission of same offence.
If a person summarily convicted shall not pay, &c., the Magistrate may commit him.
Magistrate may discharge offender in certain cases.
Summary conviction shalll be a bar to any other proceeding.
856
Notice of action.
General issue.
Hard Labour.
[* Rep. by Ord. No. 18 of 1885.]
Solitary confinement and whipping.
Fire and sureties for keeping the
857
peace, in what cases.
No summary conviction or warrant to be quashed for want of form.
Procedure in cases or summary conviction.
Commencement of Ordinance.
Title.
[See 24 & 25 V. c. 97.]
Preamble.
Setting fire to a church or chapel.
Setting fire to a dwelling house, any person being therein.
Setting fire to a house, &c.
838
Setting fire to any engine any engine house, &c.
Setting fire to any public building.
Setting fire to other buildings.
Setting fire to goods in any building, the setting fire to which is felony.
839
Attmepting to set fire ti buildings.
Destroying, &c., a house with gunpowder, any person being therein.
Attempting to destroy buildings with gunpower.
840
Rioters demolishing church, building, &c.
Rioters injuring building, machinery, &c.
Tenants of houses, &c. maliciuosly injuring them.
841
Destroying machinery &c.
Setting fire to crops, &c.
Setting fire to stacks, &c.
842
Attemping to set fire to crops, &c.
Destroying trees, &c., to the value of more than $5, growing in a pleasure ground, &c.
Destroying trees, to the value of more than $25, growing elsewhere than in a pleasure ground, &c.
843
Destroying trees, &c., wheresoever growing to the amount of 24 cents.
Second offence.
Third offence.
Destroying any fruit or vegetable production in a garden.
Subsequent offence.
844
Destroying vegetable productions not growing in gardens, &c.
Subsequent offence.
Destroying, &c., any fence, &c.
Second offence.
845
Damaging any sea-wall, sea-bank, &c.
Removing piles of any sea-bank, &c.
Injury to a public bridge.
846
Injuries to electric or magnetic telegraphs.
Attempts to injure such telegraphs.
847
Injuries to works of art in museums, churches, &c., or in public places.
Killing or maiming cattle.
Killing or maiming other animals.
848
Second offence.
Setting fire to a ship.
Setting fire to ships to prejudice the owners or underwriters.
Attempting to set fire to a ship.
849
Placing gunpowder near a ship with intent to damage it.
Damaging ships otherwise than by fire.
Exhibiting false signals &c.
Removing or concealing buoys and other sea marks.
850
Destroying wrecks ro any articles belonging thereto.
Sending letters threatening to burn or destroy houses, buildings, ships, &c.
Perosns committing malicious injuries not before provided for exceeding the amount of $25.
851
Summary conviction on case of malicious injury.
Not to extend to certian cases.
Preceding section to extend to trees.
852
Making or having gunpowder, &c., with intent to commit any felony against this Ordinance.
Police Magistrate may issue warrant for searching houses, &c., for such gunpowder.
[See Ord. No. 1 of 1848 s. 7 Ord. No. 8 of 1873 s. 13.]
Punishment of principals in the second.
853
degree and accessories.
*Abettors in misdemeanors as to *persons loitering at night and suspected of felony.
[* Apprehension of]
Malice against owner of property unnecessary.
Provisions of this Ordinance shall apply to persons in possession of the property injured.
Intent to injure particular person need not be stated in information.
854
Persons in act of committing offence may be apprehended.
Mode of compelling the appearance of persons punishable on summary comviction.
Abettors in offences punishable on summary conviction.
Application of forfeitures and penalties upon summary convictions.
855
Proviso where several perosns join in commission of same offence.
If a person summarily convicted shall not pay, &c., the Magistrate may commit him.
Magistrate may discharge offender in certain cases.
Summary conviction shalll be a bar to any other proceeding.
856
Notice of action.
General issue.
Hard Labour.
[* Rep. by Ord. No. 18 of 1885.]
Solitary confinement and whipping.
Fire and sureties for keeping the
857
peace, in what cases.
No summary conviction or warrant to be quashed for want of form.
Procedure in cases or summary conviction.
Commencement of Ordinance.
Identifier
https://oelawhk.lib.hku.hk/items/show/208
Edition
1890
Volume
v2
Cap / Ordinance No.
No. 8 of 1865
Number of Pages
21
Files
Collection
Historical Laws of Hong Kong Online
Citation
“MALICIOUS INJURIES TO PROPERTY ORDINANCE,” Historical Laws of Hong Kong Online, accessed March 12, 2025, https://oelawhk.lib.hku.hk/items/show/208.
