MALICIOUS DAMAGE ORDINANCE, 1865
Title
MALICIOUS DAMAGE ORDINANCE, 1865
Description
ORDINANCE NO.6 OF 1865.
Malicious Damage Ordinance, 1865.
AN Ordinance to consolidate and amend the laws relating
to malicious injuries to property .
BE it enacted by the Governor of Hongkong , with the advice of the
Legislative Council thereof , as follows: -
1. This ordinance may be cited as the malicious damage ordinance ,
1865.
injures by fine to buildings and goods therein.
2. Every perosn who unlawfully and maliciously sets fire to any
church , chapel, meeting house , or other place of divine worship shall be
guilty of felony , and , being convicted thereof , shall be liable , at the
discretion fo the court , to imprisonment with hard labour for life or for
any term not less than three years ro to imprisonment for any term not
exceeding two tears , wiht or without hard labour and with or without
solitary confinement , and, if a male under the age of sixteen years .
with or without whipping.
3.every person who unlawfuly and maliciouly sets fire to any
dwelling house , any person being therein , shall be guilty of felony , and ,
being convicted thereof , shall be liable , at the discretion of the court , to
imprisonment with hard labour for life or for any term not less than
three years or to imprisonment 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 .
4. every perosn who unlawfully and maliciously sets fire to any house,
stable , coach-house, outhouse, warchouse, godown, office, shop, store , mill.
store house , granary , hovel, shed, or fold, or to any farm building , or to
any buiding or erection used in farming land or in carrying on any
trade or manufacture or any branch thereof , whether the same is then
in the possession of the offender or in the possession of any other person.
with intent thereby in injure or defrand any person, shall be guilty o f
felony , and , bing convicted thereof , shall be liable , at the discretion of
the court , to imprisonment with hard labour for life ro for any term not
less than three years or to imprisonment for nay term not exceeding two
years , with or without hard labour and with or without solitary confine-
ment , and , if a made under the age of sixteen years , with or without
whipping .
6.every person who unlawfully and maliciously sets fire to any
building, other than such as are in htis ordinance before mentioned,
belonging to the queen or to the colony, or devoted ro dedicated to
public use or ornamnt , or erected or maintained by public subscription
or contributiojn shall be guilty of felony , and , being convicted thereof ,
shall be liable , at the discretion of the court , to imprisonment with hard
labour for life or for any term not less than three years or to imprison-
ment 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 whipping .
7.every person who unlawfully and maliciously sets fire to any
building other than suhc as are in this ordinance before mentioned shall
be guilty of felony , and, being convicted thereof , shall be liable , at the
discretion of the court , to imprisonment with hard labour for any term
not exceeding fourteen years and not less than three years or to imprison-
ment for nay term not exceeding two years , with or without hard labour,
and , if a male under the age of sixteen years , with or without whipping ,
8.every person who unlawfully and maliciously sets fire to any
matter or thing being in , against , or under any building , under such
circumstances that , if the building were thereby set fire to , the offence
would amount to felony, shall be guilty of felony , and , being convicted
thereof , shall be liable , at the discretion of the court , to imprisonment
with hard labour for nay term not exceeding fourteen years and not less than three years or to imprisonment 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 whipping .
9.every person who unlawfully and maliciously by any overt act
attempts to set fire to any building or to any matter or thing mentioned
in the last preceding section , 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 imprisonment with hard labour for any
term not exceeding fourteen years and not less than three years or to
imprisonment for any term not exceeding two years ,with or without
hard labour and with or wihtout solitary confinement , and , if a male
under the age of sixteen years , with or without whipping .
injuries by explosive substances to buildings and goods therein .
10.every person who unlawfully and maliciously , by the explosion
of gunpowder or other explosive substance , destroys , throws down, or
damages the whole or any part of any dwelling house , any person being
therein , or of any building whereby the life of any person is endangered,
at the discretion of the court , to imprisonment with hard labour for
life or for any term not less than three years or to imprisonment for
or without solitary confinement , and, if a male under the age of sixteen
years , with or without whipping .
11.every person who unlawfully and maliciously places or throws
in , into , upon ,under , against , or near any building gunpowder or
other explosive substance , with intent to destroy or any build-
ing or any engine , machinery , working tools , fixture , goods , or chat-
tels , shall, whether or not any explosion takes place and whether or not
any damage is cause , be guillty of felony , and , being convicted thereof ,
shall be liable, at the discretion of the court , to imprisonment with hard
labour for any term not exceeding fourteen years and not less than three
years or to imprisonment 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 buildings by rioters , etc.
12.if any persons , riotously and tumultuously assembled together
to the disturbance o fthe public peace, unlawfully and with force demol-
ish , pull down, or destroy , or begin to demolish , pull down , or destroy ,
(1) any church , chapel, meeting house ,or othe rplace of divine wor-
ship; or
(2) any house , stable , coach-house , outhouse , 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 manufacture or any branch thereof ;or
(3) any building , other than such as are in this section before men-
tioned , 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
(4) any machinery, whether fixed or movable , prepared for or em-
ployed in the business of any manufacture or in any brance thereof ,
every such offender shall be guilty of felony , and , being convicted
thereof , shall be liable , at the discretion of the court , to imprisonment
with hard labour for life or for any term not less than three years or
to imprisonment for any term not exceeding two years , with or with-
out hard labour and with o rwihtout solitary confinement.
13.if any persons , riotously and tumultuously assembled together to
the disturbance of the public peace , unlawfully and with force injure
or damage any such church ,chapel, meeting house , place of divine
worship , house , stable , coach-house , outhouse , warehouse , godown,
office, shop, store , mill, store house , granary, hovel, shed , fold , building ,
erection , or machinery as is mentioned in the last preceding section,
every such offender shall be guilty of a misdemeanor , and , bing con-
victed thereof , shall be liable , at the discretion of the court , to impri-
sonment with hard labour for any term not exceeding seven years and
not less than three years or to imprisonment for any term not exceeding
two years , with of without hard labour : provided that if , on the trial
of any person for any felony mentioned in the last preceding section ,
the jury are not satisfied that such person is guity thereof , but are
satisfied that he is guilty of any offence mentioned in the last , then
the jury may find him guilty thereof , and he may be punisged accord-
ingly .
injuries to buildings by tenants .
14. every person who , being possessed of any dwelling house or
other building or part of any dwelling house or other buiding , beld
for any term of years , or other less term , or at will, or held over after
the termination of any tenancy , unlawfully and maliciously-
(1) pulls down or demolishes , or begins to pull down or demolish ,
the same or nay part thereof ;or
(2) pulls down or svers from the freehold any fixture being fixed in or to such dwelling
house or buiulding or part of such dwelling house or building.
shall be guilty of a misdemeanor, and, being convieted thereof, shall be liable, at the discretion of the court , to imprisonment for any term not
exceeding eighteen months , with or without hard labour .
injures to machinery , etc.
15.every person who unlawfully and maliciously cuts , breaks, or
destroys, or damages with intent to destroy or to render useless, any
machine or engine , whether fixed or movable , used or intended to be
used in any manufacturer whatsoever , shall be guilty of felony , and ,
being convicted thereof , shall be liable , at the discretion of the court , to
imprisonment with hard labour for any term not exceeding sven years
and not less than three years or to imprisonment for any term not ex-
ceeding 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 crops , trees , and vegetable productions.
16.every person who unlawfully and maliciously sets fire to any
field or piece or crop of grass, rice of grain , or pulse , or of any cultivated
vegetable produce, whether standing or cut down , or to any part of any
wood , coppice, or plantation of trees , or to any heath , gorse, furze, or
fern, wheresoever the same may be growing , shall be guilty of felony ,
and being convicted thereof , shall be liable , at the discretion of the court ,
to imprisonment with hard labour for any term not exceeding fourteen
years and not less than three years or to imprisonment 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
of without whipping .
17.every person who unlawfully and maliciously sets fire to any heap
or stack of corn, rice , grain, pulse , tares , hay , straw , or any cultivated
vegetable produce, or to ay heap or stack of coals or wood, or to any
other substance used for fuel, shall be guilty of felony , and , bing con-
victed thereof shall be liable , at the discredtion of the court , to imprison-
ment with hard labour for life or for any term not less than three years
or to imprisonment for ay term not exceeding two years , with or with-
out hard labour and wiht or without solitary confinement , and , if a male
under the age of sixteen years , with or wihtout whipping .
18.every person who unlawfully and maliciously by any overt act
attempts to set fire to any such matter or thing as is mentioned in either
of the last two preceding sections , under such circumstances that, if the
same were thereby set fire to , the offender would , under either of such
sectios, be guilty of felony , shall be guilty of felony, and , bing con-
victed thereof , shall be liable , at the discretion of the court , to imprison-
ment with hard labour for any term not exceeding seven years and not
less than three years or to imprisonment 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 .
19. every perosn who unlawfully and maliciously cuts , breaks, barks ,
roots up , or otherwise destroys or damages the whole or any part of any
tree, sapling , or shrub, or any underwood , growing in any pleasure
ground , garden, orchard , or avenue , or in any ground adjoining or be-
longing to any dwelling house (in case the amount of the injury done
exceeds the sum of five dollars ) shall be guilty of felony , and , being con-
victed thereof , shall be liable , at the discretion of the court, to imprison-
ment with hard labour for the term of three years or to imprisonment
for any term not exceeding two years , with or without hard labour and
with or withut solitary confinement , and , if a male under the age of
sixteen years , with or without whipping .
20.every person who unlawfully and maliciouly cuts , breaks , barks ,
roots up , or otherwise destroys or damages the whole or any part of any
tree, sapling , or shrub, or any underwound , growing elsewhere than in any
pleasure ground , garden , orchard , avenue ,or in any ground adjoining
or belonging to any dwelling house (in case the amount of injury done
exceeds the sum of twenty-five dollars ) shall be guilty of felony , and ,
being convicted thereof , shall be liable , at hte discretion of the court , to
imprisonment with hard labour for the term of three years or to imprison-
ment 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.-(1) every person who unlawfully and maliciously cuts , breaks,
barks roots up , or otherwise destroys or damages the whole or any part
of any pree, sapling , or any underwood , whereesoever 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 discretion of the magistrate , either be committed to the common
gaol, there to be imprisoned , 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 , suhc sum of money not
exceeding twenty-five dollars as to the magistrate may seem meet.
(2) every perosn who, having been convicted o fany such offence ,
either against this or ay former enactment in force in this colony,
afterwards commits any of the said offences in this section before
mentioned , and is convicted thereof in like manner , shall for such second
offence be committed to the common gaol, there to be kept to hard labour
for suhc term not exceeding six months as the convicting magistrate may think fit .
(3) every person who , having been twice convicted of any such of-
fence , (whether both or either of suhc convictions have or has taken place
before or after the commencement of this ordinance ) , afterwards commits
any of the said offences in this section before mentioneed shall be guilty
of a misdemeanor , and , being convicted thereof , shall be liable , at the
discretion of the court , to imprisonment 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 fo sixteen years with or without
whipping .
22.-(1) every person who unlawfully and maliciously destroys , or
damages with intent to destroy , any plant , root , fruit, or vegetable pro-
duction , 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 goal, there to be imprisoned , or to be imprisoned and kept
to hard labour , for any term not exceeding six months , or else shall for-
feit and pay , over and above the amount of the injury done , such sum of
money not exceeding one hundred dollars as to the magistrate may seem
meet .
(2) every person who , having been convicted of any such offence ,
either against this or any former enactment in force in this colony ,
afterwards commits any of the said offences in this section before men-
tioned shall be guilty of felony ,and , being convicted thereof , shall be
liable , at the discretion of the court , to imprisonment for any term not exceed-
ing two years , with or without hard labour and with or wihtout solitary
confinement , and , if a male under the age of sixtten years, with or with-
out whipping .
23.-(1) every person who unlawfully and maliciously destroys , or
damages with intent to destroy , any cultivated plant or root used for the
food of man or beast , or for medicine , or for distilling , or for dyeing , or
for or in the course of any manufacture , and growing in any land , open
or enclosed , no tbing 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 im-
prisoned , 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 may seem meet,and in default of payment
thereof , together with the costs , if ordered , shall be committed as
aforesaid under and in accordance with the provisions of any ordinance
for the time being in force relating to the jurisdiction of magistrates
and the practice and procedure before them in respect of offences
punishable on summary conviction .
(2) every person who , having been convicted of any such offence ,
either against this or any former enactment in force in this colony ,
afterwards commits any of the said offences in this sectio before
mentioned , and is convicted thereof in like manner , shall be committed
to the common gaol , there to be kept to hard labour for suhc term not
exceeding six months as the convicting magistrate may think fit .
injuries to fences .
24.-(1) every perosn who , unlawfully and maliciously cuts , breaks ,
throws down, or in anywise destroys any fence or paling of any descrip-
tion whatsoever , or any wall, stile , or gate , or any part thereof respect-
ively , shall , on conviction thereof before a police magistrate , for the
first offence forfeit and pay ,over and above the amount of the injury
done , sucb sum of money not exceeding twenty-five dollars as to the
magistrate may seem meet.
(2) every person who , having been convicted of any such offence ,
either against this or any former enactment in force in this colony,
afterwards commits any of the said offences in his section before men-
tioned , and is 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 may think fit .
injuries to sea and river banks , ets.
25. every perosn who unlawfully and maliciously-
(1) breaks down , or cuts down,or otherwise damages or destroys
any sea-bank or sea-wall , or the bank , dam , or wall of or belong-
ing to any river, creek, drain, reservoir, pool , or marsh, whereby
any land or building is or is in danger of being overflowed or
damaged ; or
(2) throws , breaks , or cuts down,levels,undermines , or otherwise
destroys any quay , wharf , jetty , lock , sluice , floodgate weir ,
tunnel , drain, watercourse , or other work belonging to any port,
harbour , dock , or reservoir, or on or belonging to any navigable
creek.
shalll be guilty of felony , and , being convicted thereof , shall be liable , aat
the discretion of the court , to imprisonment with hard labour for life or
for any term not less than three years or to imprisonment for any term
not exceeding two years , with or without hard labour and with or with-
out solitary confinement , and , if a male under ht eage of sixteen years ,
with or without whipping . 26.every person who unlawfully and maliciously-
(1) cuts off, draws up , or removes any piles or other materials fixed
in the ground , and used for securing any sea-bank or sea-wall
or the bank, dam , or wall of any river , creek, french , drain,
aqueduct, marsh , reservoir , pool , port , harbour , dock,quay , wharf,
jetty , or lock;or
(2) opens or draws up any floodgate or sluice , or does any other
injury or mischief to any river or creek or to any drain, trench,
or canal , with intent and so as thereby to abstruct or prevent the
carrying on , completing , or maintainin gthe navigation or drainage
thereof ,
shall be guilty of felony , and , being convicted thereof , shall be liable , at
the discretion of the court , to imprisonment with hard labour for any
term not exceeding seven years and not less than three years or to im-
prisonment for any term not exceeding seven 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 bridges , viaducts , etc.
27. every person who unlawfully and maliciously pulls or throws
down , or in anywise destroys , and bridge (whether over any stream of
water or not ) or any viaduct or aqueduct, over or under which bridge ,
viaduct , or aqueduct any highway or canal passes , or does any injury
with intent and so as thereby to render such bridge , viaduct , or aque-
duct , or the highway or canal passing over or under the same , or any
part thereof , dangerous or impassible , shall be guilty of felony , and ,
being convicted thereof , shall be liable , at the discretion of the court ,
to imprisonment with hard labour for life or for any term not less than
three years or to imprisonment for any term not exceeding two years ,
with or without hard labour nad with or without solitary confinement ,
and , if a male under the age of sixteen years , with or without whipping .
injuries to telegraphs.
28.every persojn who unlawfully and maliciously
(1) cuts , breaks , throws down , destroys , ijures , or removes any bat-
tery , machinery , wire , cable , post , or other matter or thing what-
soever , being part of or being used or employed in or about any
electric or magnetic telegraph or in the working thereof ; or
(2) prevents or obstructs in any manner whatsoever the sending , con-
veyance , or delivery of any communication by any such telegraph,
shall be guilty of a misdemeanor , and , being convicted thereof , shall be
liable , at the discretion of the court , to imprisonment for any term not
exceeding two years , with or without hard labour: provided that if it appears to a police magistrate , on the examination of any person charged
with any offence against this section , that it is not expedient to the ends
of justice that the same should be prosecuted by indictment , the magis-
trate 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 ocmmon gaol , there to be imprisoned , 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 may seem meet .
29.every person who unlawfully and maliciously by any overt act
attempts to commit any of the offences mentioned in the last preceding
section shall , on conviction thereof before a police magistrate may seem
meet.
injuries to works of act.
30.every person who unlawfully and maliciously destroys or dam-
ages-
(1)any book , manuscript picture , print, statue , statue , bust , or vase , or any
other article or thing kept for the purposes of art , science , or liter-
aturer , or as an object of curiosity , in any museum , gallery , cabinet, library ,
or other repository is either at all times or from time to time open
for the admission of the public or of any considerable number of
persons to view the same , either by the permission of the proprietor
thereof or by the payment of money before entering the same ; or
(2) any picture , statue, monument , or other menorial 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 her majesty,or to the colony ,or to any
college , or in any street , square , churchyard , burial ground , public
garden or ground; or
(3) any statue or monument exposed to public viw or any ornamnt ,
railing , or fence surrounding such statue or monument ,
shall be guilty of a misdemeanor , and , being convicted thereof , shall be
liable to imprisonment for any term not exceeding six months , with or
without hard labour , and , if a made under the age of sixteen years , with
or without whipping : provided that nothing in this section shall be
deemed to affect the right of any person to recover, by action at law ,
damages for the injury so committed. injuries to cattle and other animals .
31. every person who unlawfully and maliciously kills , maims , or
wounds any cattle shall be guilty of felony, and ,being convicted thereof ,
shall be liable , at the discretion of the court , to imprisonment with hard
labour for any term not exceeding fourteen years and not less than three
years or to imprisonment for any term not exceeding two years , with or
without hard labour and with or without solitary confinement .
32.-(1)every person who unlawfully and maliciously kills , maims,
or wounds any dog, bird , beast, or other animal, not being cattle , but
being either the subject of larceny at common law in England or being
ordinarily kept in a state of confinement or for any domestic purpose ,
shall , on conviction thereof before a pjolice magistrate , at the discretion
of the magistrate , either be committed to the common gaol, there to be
imprisoned , or to be imprisoned and kept to hard 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 may seem meet.
(2) every person who , having been convicted of any such offence .
afterwards commits any of the said offences in this section before men-
tioned shall be guilty of a misdemeanor, and , being convicted thereof,
shall be liable to imprisonment for any term not exceeding twelve months ,
with or without hard labour.
injuries to ships .
33.every person who unlawfully and maliciously sets fire to , casts
away , or in anywise destroys any ship or vessel, whether the same is
complete or in an unfinished state , shall be guilty of felony ,and , being
convicted thereof , shall be liable , at the discretion of the court , to im-
prisonment with hard labour for life or for any term not less than three
years or to imprisonment for any term not exceeding two years , with or
without hard labour with or without solitary confinement , and , if a
male under the age of sixteen years , with or without whipping .
34.every person who unlawfully and maliciously sets fire to , casts
away , or in anywise destroys any ship or vessel, wiht intent thereby to
prejudice any owner or part owner of such ship or vessel or of any goods
on board the same , or any person who has underwritten any policy of
insurance upon such ship on vessel , or upon the freight thereof , or upon
any goods on the board the same , shall be guilty of felony , and , being con-
victed thereof , shall be liable , at the discretion of the court , to imprison-
ment with hard labour for life or for any term not less than three years
or to imprisonment for any iterm not exceeding two years , with or with-
out hard labour and with or without solitary confinemnt, and , if a male under the age of sixteen years , with or without whipping .
35.every person who unlawfully and maliciously by any overt act
attempts to set fire to , cast away, or destroy any ship or vessel, under
such circumstances that, if the ship or vessel were thereby set fire to , cast
away , or destroyed , the offender would be guilty of felony , shall be guilty
of felony, and being convicted thereof , shall be liable , at the discretion
of the court, to imprisonment with haard labour for any term not exceed-
ing fourteen years nad not less than three years or to imprisonment 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.every person who unlawfully and maliciously places or throws
in,into, upon , against or near any ship or vessel any gunpowder or
other explosive substance , with intent to destroy or damage any ship or
vessel or any machinery , workin tools , goods , or chattels , shall,
whether or not any explosion takes place and whether or not any injury
is effected , be guilty of felony , and , being convicted thereof , shall be
liable , at the discretion of the court , to imprisonment with hard labour
for any term not exceeding fourteen years and not less than three years
or to imprisonment for any term not exceeding two years , with or with-
out hard labour and wiht or without solitaary confinement , and if a male
under the age of sixteen years , with or without whipping.
37.every person who unlawfully and maliciously damages , otherwise
than by fire , gunpowder , or other explosive substance , any ship or
vessel whether the same is complete or in an unfinished state , with
intent to 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 imprisonment with hard labour for any term not exceeding
seven years and not less than three years ro to imprisonment for any
tem 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.every person who-
(1) unlawfully masks , alters , or removes any light or signal or
unlawfully exhibits any false light or signal , with signall , with intent to being
any ship, vessel , or boat into danger ; or
(2) unlawfully and maliciously does anything tending to the imme-
diate 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 imprisonment with hard labour for life or
for any term not less than three years or imprisonment for any term not exceeding two years,with or without hard labour and with or with-
solitary confinement,and,if a male under the age of sixteen years,with
or without whipping.
39.Every person who unlawfully and maliciously-
(1.)cuts away,casts adrift,removes,alters,defaces,sinks,or de-
stroys;or
(2.)does any act with intent to cut away,cast adrift,remove,alter,
deface,sink,or destroy;or
(3.)in any other manner injuries or conceals,
any boat,buoy,buoy rope,beacon,perch,or mark used or intended for
the guidance of seamen or the purpose of navigation shall be guilty of
felony,and,being convicted thereof,shall be liable,at the discretion of
the Court,to imprisonment with hard labour for any term not exceed-
ing seven years and not less than three years or to imprisonment 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.
40.Every person who unlawfully and maliciously destroys any part
of any ship or vessel which is in distress,or wrecked,stranded,or
cast on shore,or any goods,merchandise,or articles of any kind 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 imprisonment
with hard labour for any term not exceeding fourteen years and not less
than three years or to imprisonment for any term not exceeding two
years,with or without hard labour and with or without solitary confine-
ment.
Sending Letters threatening to burn or destroy Houses,etc.
41.Every person who sends,delivers,or utters,or directly or in-
directly causes to be received,knowing the contents thereof,any letter
or writing threatening t burn or destroy any house,barn,or other
building,or any rick or stack of rice,hay,straw,or other agricultural
produce,or any grain,rice,hay,straw,or other agricultural produce in
or under any building,or any ship or vessel,or to kill,main,or wound
any cattle,shall he guilty of felony,and,being convicted thereof,shall
be liablemat the discretion of the Court,to imprisonment with hard
labour for any term not exceeding ten years and not less than three
years or to imprisonment for any term or without solitary confinement,and,if a
male under the age of sixteen years,with or without whipping.
Miscellaneous Injuries.
42.Every person who unlawfully and maliciously commits any damage,injury,or spoil to or upon any real or personal property 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 discreion of the Court,
to imprisonment for any term not exceeding two years,with or without
hard labour;and,in case such offence is committed between the hours
of nine o'clock in the evening and six o' clock in the next morning,shall
be liable,at the discrertion of the Court,to imprisonment with hard la-
bour for any term not exceeding five years and not less than three
years or to imprisonment for any term not exceeding two years,with or
without hard labour.
43.-(1.)Every person who wilfully or maliciously commits 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,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,or to be imprisoned and kept
t hard labour,for any term not exceeding two months,or else shall
forfeited and pay such sum of money not exceeding twenty-five dollars as
to the Magistrate may seem meet,and also such further sum of money
as may appear to the Magistrate to be a reasonable compensation for the
damage,injury,or spoil so committed,not exceeding the sum of 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 pro-
perty of a public nature,or wherein any public right is concern,shall
be paid to Her Majesty for the use of the Colony and in support of the
Government thereof.
(2.)If such sums of money,together with costs (if ordered)are not
paid either immediately after the conviction or within such period as
the Magistrate may at the time of the conviction appoint,the Magistrate
may commit the offender to the common gaol,there to be imprisoned,
or to be imprisoned and kept to hard labour,as the Magistrate thinks
fit,under and in accordance with the provisions of any Ordinance for
the time being in force relating to the jurisdiction of Magistrates and
the practice and procedure before them in relation ot offences punishable
on summary conviction:Provided that nothing herein contained shall
extend to any case where the party acted under a fair and reasonable
supposition that he had a right to do the act complained of.
44.The provisions of the last preceding section shall extend to any
person who wilfully or maliciously commits any injury to any tree,
sapling,shrub,or underwood for which no punishment is hereinbefore provided.
Making Gunpowder to commit Offences and searching therefor.
45.Every person who makes,or manufactures,or knowingly has in
his possession any hunpowder or other explosive substance,or any
dangerous or noxious thing,or any machine,engine,instrument,or
thing,with intent thereby or by means thereof to commit,or for the pur-
pose of enabling any other person to commit,any of the felonies men-
tioned in this Ordinance,shall be guilty of a misdemeanor,and,being
convicted thereof,shall be liable,at the discretion of the Court,to im-
prisonment for any term not exceeding two years,with or without hard
labour and with or without solitary conficement,and,if a male under
the age of sixteen years,with or without whipping.
46.-(1.)When any gunpowder or other explosive,dangerous,or
noxious substance,or any machine,engine,instrument,or thing,is sus-
pected to be made,kept,or carried for the purpose of being used in
committing any of the felonies mentioned in this Ordinance,a Police
Magistrate may,on reasonable cause assigned upon oath,affirmation,or
declaration by any person,issue a warrant under his hand for searching
in the daytime any house,mill,magazine,godown,storehouse,ware-
house,shop,cellar,yard,wharf,or other place,or any carriage,wagon,
cart,ship,boat,or vessel,in which the same is suspected to be made,
kept,or carried for such purpose as hereinbefore mentioned.
(2.)Every person acting in the execution of any such warrant shall
have,for seizing,removing to proper places,and detaining all such gun-
powder,or explosive,dangerous,or noxious subtances,and every such
machine,engine,instrument,or thing,found upon such search,which
he may have good cause to suspect to be intended to be used in com-
mitting any such offence,and the barrels,packages,cases,and other
receptacles in whcih the same may be,the same powers and protections
which are given to persons searching for unlawful quantities of gun-
powder under the warrant of a Justice by the Act of Parliament
23 and 24 Victoria Chapter 139,entitled 'An Act to amend the Law
concerning the Making,Keeping and Carriage of gunpowder and Com-
positions of an explosive Nature and concerning the Manufacture,Sale
and Use of Fireworks.'
Supplemental Provisions.
47.-(1.)In the case of every felony punishable under this Ordinance,
every principal in the second degree,and every accessory before the fact,
shall be punishable in the same manner as the principal in the first degree
is by this Ordinance punishable.
(2.)Every accessory after the fact to any felony punishable under this Ordinance shall,on conviction,be liable,at the discretion of the
Court,to imprisonment for any term not exceeding two years,with or
without hard labour and with or without solitary confinement.
(3.)Every person who aids,abets,counsels,or procures the commis-
sion of any misdemeanor punishable under this Ordinance shall be liable
to be proceeded against,indicted,and punished as a principal offender.
48.Any constable or peace officer may take into custody,without a
warrant,any person whom he may find lying or loitering in any high-
way,yard,or other place during the night,and whom he may have good
cause to suspect of having committed or being about to commit any felony
against this Ordinance,and shall take such person as soon as reasonably
may be before a Police Magistrate,to be dealt with according to law.
49.Every punishment and forfeiture by this Ordinance imposed on
any person maliciously committing any offence,whether the same is
punishable on indictment or on summary conviction,shall equally apply
and be enforced whether the offence is committed from malice conceived
against the owner of the property in respect of which it is committed or
otherwise.
50.Every provision of this Ordinance not hereinbefore so applied
shall apply to every person who,with intent to injury or defraud any
other person,does any of the acts hereinbefore made penal,although
the offender may be in possession of the property against or in respect
of which such act is done.
51.-(1.)In any indictment for any offence against this Ordinance,
where it is necessary to allege an intent to injure or defraud,it shall be
sufficient to allege that the accused did the act with intent to injure or
defraud,as the case mayu be,without alleging an intent to injure or de-
fraud any particular person.
(2.)In the trial of any such offence,it shall not be necessary to prove
an intent to injure or defraud any particular person,but it shall be
sufficient to prove that the accused did the act charged with an intent to
injure or defraud,as the case may be.
52.Any person found committing any offence against this Ordinance,
whether the same is punishable on indictment or on summary conviction,
may be immediately apprehended,without a warrant,by any peace
officer,or by the owner of the property injured or his servant,or by any
person authorized by him,and forthwith taken before a Police Magis-
tarte,to be dealt with according to law.
53.Every person who aids,abets,counsels,or procures the commis-
sion of any offence which is by this Ordinance punishable on summary
conviction,either for every time of its commission,or for the first and second time only,or for the first time only,shall,on conviction before a
Police Magistrate,be liable,for every first,second,or subsequent
offence of aiding,abeting,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.
54.-(1.)Every sum of money which is 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 he is
unknown,and in that case such sum shall be applied in the same manner
as a penalty.
(2.)Every sum of money which is imposed as a penalty by a Police
Magistrate,whether in addition to such amount or otherwise,shall be
paid to Her Majesty for the use of the Colony and in support of the
Government thereof:Provided that where several persons join in the
commission of the same offence,and,on conviction thereof,each is
adjudged to forfeit a 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 is forfeited for the amount of the injury done,or
which is imposed as a penalty by the Magistrate,is not paid,either
immediately after the conviction or within such period as the Magistrate
may at the time of the conviction appoint the convicting Magistrate
(unless where otherwise specially directed) may commit the offender to
the common gaol,there to be imprisoned or to be imprisoned and kept
to hard labour,according to the discretion of the Magistrate,under and
in accordance with the provisions of any Ordinance for the time being
in force relating to Magistrates and the practice and procedure before
them in respect of offences punishable on summary conviction.
56.Where any person is summarily convicted before a Police Ma-
gistrate of any offence against this Ordinance,and it is a first con-
viction,the Magistrate may,if he thinks fit,discharge the offender from
his conviction on his marking such satisfaction to be party aggrieved
for damages and costs,or either of them,as may be ascertained by the
Magistrate.
57.When any person convicted of any offence punishable on sum-
mary conviction by virtue of this Ordinance has paid the sum adjudged
to be paid,together with costs,under such conviction,or has received a
remission thereof from the Crown or from the Governor,or has suffered the imprisonment awarded for non-payment thereof or the imprison-
ment awarded in the first instance ,or has been so discharged from his
conviction by any Magistrate as aforesaid,he shall be released from all
further or other proceedings for the same cause.
58.-(1.)All actions and prosecutions to be commenced against any
person for anything done in pursuance of this Ordinance shall be com-
menced within six months after the facts committed,and not otherwise.
(2.)Notice in writing of such action,and of the cause thereof,shall
be given to the defendant one month at least before the commencement
of the action.
(3.)In any such action the defendant may plead the general issue,
and give this Ordinance and the special matter in evidence at any trial
to be had thereupon.
(4.)No plaintiff shall recover in any such action if tender of sufficient
amends has been made before such action brought,or if a sufficient sum
of money has been paid into Court after such action brought,by or on
behalf of the defendant.
(5.)If a verdict passes for the defendant,or the plaintiff becomes
nonsuit or discontinues any such action after issue joined,or if,on
demurrer or otherwise,judgment is given against the plaintiff,the de-
fendant shall recover his full costs as between solicitor and client,and
have the like remedy for the same as any defendant has by law in other
cases;and though a verdict is given for the plaintiff in any such ac-
tion,the plaintiff shall not have costs against the defendant,unless
the Judge before whom the trial is had certifies 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 imprisoned or to be imprisoned and kept to
hard labour,and such sentence shall be carried out in a accordance with
the provisions of any Ordinance for the time being in force relating to
prisons.
60.Whenever solitary confinement may be awarded for any indict-
able offence under this Ordinance,the Court may direct the offender to
be kept in solitary confinement for any portion or portions of his im-
prisonment or of his imprisonment with hard labour,not exceeding one
month at any one time and not exceeding three months in any one
year.
61.-(1.)Whenever any person is convicted of any indictable mis-
demeanor ounishable under this Ordinance,the Court may,if it
thinks fit,in addition to or in lieu of any of the punishments authorized by this Ordinance, fine the offender, and require him to enter into his
own recognizances and to find sureties, both or either, for keeping the
peace and being of good behaviour.
(2.)In the case of any felony punishable under this Ordinance, the
Court may, if it thinks fit, require the offender to enter into his own re-
cognizances and to find sureties, both or either, for keeping the peace, in
addition to any punishment authorized by this Ordinance: Provided that
no person shall be imprisoned under this section for not finding sureties
for any period exceeding one year.
62.-(1.)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 any Ordinance for the time
being in force relating to the jurisdiction of Magistrates and the practice
and procedure before them in respect of offences punishable on sum-
mary conviction.
(2.)Every such Police Magistrate shall have and is hereby invested
with full jurisdiction, power, and authority to deal with, inquire of,
try, determine, and punish every offence under this Ordinance made
punishable on summary conviction by a Police Magistrate.
A.D. 1865. Ordinance No. 8 of 1865. Short title. Setting fire to church, etc. 24 & 25 Vict. C. 97 s. 1. Setting fire to dwelling house, any person being therein. Ib. s. 2. Setting fire to house, etc. 24 & 25 Vict. C. 97 s. 3. Setting fire to engine-house, etc. Ib. s. 4. Setting fire to public building. Ib. s. 5. Setting fire to building for specified. Ib. s. 6. Setting fire to goods in any building, the setting fire to which is felony. Ib. s. 7. Attempt to set fire to building, etc. 24 & 25 Vict. C. 97 s. 8. Destroying, etc., dwelling house, etc., with explosive substance, any person being therein. Ib. s. 9. Attempt to destroy building, etc., with explosive substance. Ib. s. 10. Riotous demolition of church, etc. Ib. s. 11. Riotous injury to building or machinery. 24 & 25 Vict. C. 97 s. 12. Injury to dwelling house, etc., by tenant. Ib. s. 13. Destroying etc., machine or engine. 24 & 25 Vict. C. 97 s. 15. Setting fire to field of grass, etc. Ib. s. 16. Setting fire to heap of corn, etc. Ib. s. 17. Attempt to set fire to crop, etc. Ib. s. 18. Destroying tree, etc., to amount of more than $5, growing in pleasure ground, etc. 24 & 25 Vict. C. 97 s. 20. Destroying tree, etc., to amount of more than $25, growing elsewhere than in pleasure ground, etc. Ib. s. 21. Destroying tree, etc., to amount of 24 cents, wheresoever growing. Ib. s. 22. Destroying plant, etc., growing in garden, etc. 24 & 25 Vict. C. 97 s. 23. Destroying cultivated plant, etc., not growing in garden, etc. Ib. s. 24. See Ordinance No. 3 of 1890. Destroying, etc., fence, etc. 24 & 25 Vict. C. 97 s. 25. Destroying sea-bank, etc. Ib. s. 30. Removing pile of sea-bank, etc. 24 & 25 Vict. C. 97 s. 31. Injury to bridge, etc. Ib. s. 33. Injury to electric or magnetic telegraph. Ib. s. 37. Attempt to injure electric or magnetic telegraph. 24 & 25 Vict. C. 97 s. 38. Injury to work of art in museum or in public place. Ib. s. 39. Killing, maiming, or wounding cattle. 24 & 25 Vict. C. 97 s. 40. Killing, maiming, or wounding animal, not being cattle. Ib. s. 41. Setting fire to ship or vessel. Ib. s. 42. Setting fire to ship or vessel, with intent to prejudice owner or underwriter. Ib. s. 43. Attempt to set fire to ship or vessel 24 & 25 Vict. C. 97 s. 44. Placing explosive substance near ship or vessel, with intent to damage it. Ib. s. 45. Damaging ship or vessel otherwise than by fire, etc. Ib. s. 46. Exhibiting false signal, with intent to bring ship, etc., into danger. Ib. s. 47. Destroying, etc., buoy or other sea mark. 24 & 25 Vict. C. 97 s. 48. Destroying wreck or any article belonging thereto. Ib. s. 49. Sending letter threatening to burn or destroy house, etc. Ib. s. 50. Injuries not before provided for exceeding amount of $25. 24 & 25 Vict. C. 97 s. 51. Summary conviction in case of malicious injury. Ib. s. 52. See Ordinance No. 3 of 1890. Extension of s. 43 to tree, etc. Ib. s. 53. Making or having explosive substance, etc., with intent to commit felony against the Ordinance. 24 & 25 Vict. C. 97 s. 54. Power to issue warrant for searching house, etc., for such explosive substance, etc. Ib. s. 55. Punishment of principals in second degree, accessories, and abettors. Ib. s. 56. Power for constable to apprehend person loitering at night, etc. 24 & 25 Vict. C. 97 s. 57. Malice against owner of property unnecessary. Ib. s. 58. Application of the Ordinance to person in possession of property injured. Ib. s. 59. Intent to injure particular person need not be stated in indictment. Ib. s. 60. Apprehension of person in act of committing offence. Ib. s. 61. Abettors in offences punishable on summary conviction. 24 & 25 Vict. C. 97 s. 63. Application of forfeiture or penalty on summary conviction. Ib. s. 64. Committal to prison in default of payment of forfeiture or penalty. Ib. s. 65. See Ordinance No. 3 of 1890. Power of magistrate to discharge first offender. Ib. s. 66. Summary conviction to bar any other proceeding for the same cause. 24 & 25 Vict.c. 97 s. 67. Protection of person acting under the Ordinance. Ib.s.71.Punishment of hard labour. Ib.s.74. See Ordinance No. 4 of 1899. Punishment of solitary confinement. Ib.s.75. Fine and sureties for keeping the peace. Ib.s.73. Procedure in cases of summary conviction. 24 & 25 Vict. C. 97 s. 76. See Ordinance No. 3 of 1890.
Malicious Damage Ordinance, 1865.
AN Ordinance to consolidate and amend the laws relating
to malicious injuries to property .
BE it enacted by the Governor of Hongkong , with the advice of the
Legislative Council thereof , as follows: -
1. This ordinance may be cited as the malicious damage ordinance ,
1865.
injures by fine to buildings and goods therein.
2. Every perosn who unlawfully and maliciously sets fire to any
church , chapel, meeting house , or other place of divine worship shall be
guilty of felony , and , being convicted thereof , shall be liable , at the
discretion fo the court , to imprisonment with hard labour for life or for
any term not less than three years ro to imprisonment for any term not
exceeding two tears , wiht or without hard labour and with or without
solitary confinement , and, if a male under the age of sixteen years .
with or without whipping.
3.every person who unlawfuly and maliciouly sets fire to any
dwelling house , any person being therein , shall be guilty of felony , and ,
being convicted thereof , shall be liable , at the discretion of the court , to
imprisonment with hard labour for life or for any term not less than
three years or to imprisonment 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 .
4. every perosn who unlawfully and maliciously sets fire to any house,
stable , coach-house, outhouse, warchouse, godown, office, shop, store , mill.
store house , granary , hovel, shed, or fold, or to any farm building , or to
any buiding or erection used in farming land or in carrying on any
trade or manufacture or any branch thereof , whether the same is then
in the possession of the offender or in the possession of any other person.
with intent thereby in injure or defrand any person, shall be guilty o f
felony , and , bing convicted thereof , shall be liable , at the discretion of
the court , to imprisonment with hard labour for life ro for any term not
less than three years or to imprisonment for nay term not exceeding two
years , with or without hard labour and with or without solitary confine-
ment , and , if a made under the age of sixteen years , with or without
whipping .
6.every person who unlawfully and maliciously sets fire to any
building, other than such as are in htis ordinance before mentioned,
belonging to the queen or to the colony, or devoted ro dedicated to
public use or ornamnt , or erected or maintained by public subscription
or contributiojn shall be guilty of felony , and , being convicted thereof ,
shall be liable , at the discretion of the court , to imprisonment with hard
labour for life or for any term not less than three years or to imprison-
ment 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 whipping .
7.every person who unlawfully and maliciously sets fire to any
building other than suhc as are in this ordinance before mentioned shall
be guilty of felony , and, being convicted thereof , shall be liable , at the
discretion of the court , to imprisonment with hard labour for any term
not exceeding fourteen years and not less than three years or to imprison-
ment for nay term not exceeding two years , with or without hard labour,
and , if a male under the age of sixteen years , with or without whipping ,
8.every person who unlawfully and maliciously sets fire to any
matter or thing being in , against , or under any building , under such
circumstances that , if the building were thereby set fire to , the offence
would amount to felony, shall be guilty of felony , and , being convicted
thereof , shall be liable , at the discretion of the court , to imprisonment
with hard labour for nay term not exceeding fourteen years and not less than three years or to imprisonment 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 whipping .
9.every person who unlawfully and maliciously by any overt act
attempts to set fire to any building or to any matter or thing mentioned
in the last preceding section , 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 imprisonment with hard labour for any
term not exceeding fourteen years and not less than three years or to
imprisonment for any term not exceeding two years ,with or without
hard labour and with or wihtout solitary confinement , and , if a male
under the age of sixteen years , with or without whipping .
injuries by explosive substances to buildings and goods therein .
10.every person who unlawfully and maliciously , by the explosion
of gunpowder or other explosive substance , destroys , throws down, or
damages the whole or any part of any dwelling house , any person being
therein , or of any building whereby the life of any person is endangered,
at the discretion of the court , to imprisonment with hard labour for
life or for any term not less than three years or to imprisonment for
or without solitary confinement , and, if a male under the age of sixteen
years , with or without whipping .
11.every person who unlawfully and maliciously places or throws
in , into , upon ,under , against , or near any building gunpowder or
other explosive substance , with intent to destroy or any build-
ing or any engine , machinery , working tools , fixture , goods , or chat-
tels , shall, whether or not any explosion takes place and whether or not
any damage is cause , be guillty of felony , and , being convicted thereof ,
shall be liable, at the discretion of the court , to imprisonment with hard
labour for any term not exceeding fourteen years and not less than three
years or to imprisonment 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 buildings by rioters , etc.
12.if any persons , riotously and tumultuously assembled together
to the disturbance o fthe public peace, unlawfully and with force demol-
ish , pull down, or destroy , or begin to demolish , pull down , or destroy ,
(1) any church , chapel, meeting house ,or othe rplace of divine wor-
ship; or
(2) any house , stable , coach-house , outhouse , 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 manufacture or any branch thereof ;or
(3) any building , other than such as are in this section before men-
tioned , 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
(4) any machinery, whether fixed or movable , prepared for or em-
ployed in the business of any manufacture or in any brance thereof ,
every such offender shall be guilty of felony , and , being convicted
thereof , shall be liable , at the discretion of the court , to imprisonment
with hard labour for life or for any term not less than three years or
to imprisonment for any term not exceeding two years , with or with-
out hard labour and with o rwihtout solitary confinement.
13.if any persons , riotously and tumultuously assembled together to
the disturbance of the public peace , unlawfully and with force injure
or damage any such church ,chapel, meeting house , place of divine
worship , house , stable , coach-house , outhouse , warehouse , godown,
office, shop, store , mill, store house , granary, hovel, shed , fold , building ,
erection , or machinery as is mentioned in the last preceding section,
every such offender shall be guilty of a misdemeanor , and , bing con-
victed thereof , shall be liable , at the discretion of the court , to impri-
sonment with hard labour for any term not exceeding seven years and
not less than three years or to imprisonment for any term not exceeding
two years , with of without hard labour : provided that if , on the trial
of any person for any felony mentioned in the last preceding section ,
the jury are not satisfied that such person is guity thereof , but are
satisfied that he is guilty of any offence mentioned in the last , then
the jury may find him guilty thereof , and he may be punisged accord-
ingly .
injuries to buildings by tenants .
14. every person who , being possessed of any dwelling house or
other building or part of any dwelling house or other buiding , beld
for any term of years , or other less term , or at will, or held over after
the termination of any tenancy , unlawfully and maliciously-
(1) pulls down or demolishes , or begins to pull down or demolish ,
the same or nay part thereof ;or
(2) pulls down or svers from the freehold any fixture being fixed in or to such dwelling
house or buiulding or part of such dwelling house or building.
shall be guilty of a misdemeanor, and, being convieted thereof, shall be liable, at the discretion of the court , to imprisonment for any term not
exceeding eighteen months , with or without hard labour .
injures to machinery , etc.
15.every person who unlawfully and maliciously cuts , breaks, or
destroys, or damages with intent to destroy or to render useless, any
machine or engine , whether fixed or movable , used or intended to be
used in any manufacturer whatsoever , shall be guilty of felony , and ,
being convicted thereof , shall be liable , at the discretion of the court , to
imprisonment with hard labour for any term not exceeding sven years
and not less than three years or to imprisonment for any term not ex-
ceeding 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 crops , trees , and vegetable productions.
16.every person who unlawfully and maliciously sets fire to any
field or piece or crop of grass, rice of grain , or pulse , or of any cultivated
vegetable produce, whether standing or cut down , or to any part of any
wood , coppice, or plantation of trees , or to any heath , gorse, furze, or
fern, wheresoever the same may be growing , shall be guilty of felony ,
and being convicted thereof , shall be liable , at the discretion of the court ,
to imprisonment with hard labour for any term not exceeding fourteen
years and not less than three years or to imprisonment 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
of without whipping .
17.every person who unlawfully and maliciously sets fire to any heap
or stack of corn, rice , grain, pulse , tares , hay , straw , or any cultivated
vegetable produce, or to ay heap or stack of coals or wood, or to any
other substance used for fuel, shall be guilty of felony , and , bing con-
victed thereof shall be liable , at the discredtion of the court , to imprison-
ment with hard labour for life or for any term not less than three years
or to imprisonment for ay term not exceeding two years , with or with-
out hard labour and wiht or without solitary confinement , and , if a male
under the age of sixteen years , with or wihtout whipping .
18.every person who unlawfully and maliciously by any overt act
attempts to set fire to any such matter or thing as is mentioned in either
of the last two preceding sections , under such circumstances that, if the
same were thereby set fire to , the offender would , under either of such
sectios, be guilty of felony , shall be guilty of felony, and , bing con-
victed thereof , shall be liable , at the discretion of the court , to imprison-
ment with hard labour for any term not exceeding seven years and not
less than three years or to imprisonment 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 .
19. every perosn who unlawfully and maliciously cuts , breaks, barks ,
roots up , or otherwise destroys or damages the whole or any part of any
tree, sapling , or shrub, or any underwood , growing in any pleasure
ground , garden, orchard , or avenue , or in any ground adjoining or be-
longing to any dwelling house (in case the amount of the injury done
exceeds the sum of five dollars ) shall be guilty of felony , and , being con-
victed thereof , shall be liable , at the discretion of the court, to imprison-
ment with hard labour for the term of three years or to imprisonment
for any term not exceeding two years , with or without hard labour and
with or withut solitary confinement , and , if a male under the age of
sixteen years , with or without whipping .
20.every person who unlawfully and maliciouly cuts , breaks , barks ,
roots up , or otherwise destroys or damages the whole or any part of any
tree, sapling , or shrub, or any underwound , growing elsewhere than in any
pleasure ground , garden , orchard , avenue ,or in any ground adjoining
or belonging to any dwelling house (in case the amount of injury done
exceeds the sum of twenty-five dollars ) shall be guilty of felony , and ,
being convicted thereof , shall be liable , at hte discretion of the court , to
imprisonment with hard labour for the term of three years or to imprison-
ment 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.-(1) every person who unlawfully and maliciously cuts , breaks,
barks roots up , or otherwise destroys or damages the whole or any part
of any pree, sapling , or any underwood , whereesoever 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 discretion of the magistrate , either be committed to the common
gaol, there to be imprisoned , 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 , suhc sum of money not
exceeding twenty-five dollars as to the magistrate may seem meet.
(2) every perosn who, having been convicted o fany such offence ,
either against this or ay former enactment in force in this colony,
afterwards commits any of the said offences in this section before
mentioned , and is convicted thereof in like manner , shall for such second
offence be committed to the common gaol, there to be kept to hard labour
for suhc term not exceeding six months as the convicting magistrate may think fit .
(3) every person who , having been twice convicted of any such of-
fence , (whether both or either of suhc convictions have or has taken place
before or after the commencement of this ordinance ) , afterwards commits
any of the said offences in this section before mentioneed shall be guilty
of a misdemeanor , and , being convicted thereof , shall be liable , at the
discretion of the court , to imprisonment 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 fo sixteen years with or without
whipping .
22.-(1) every person who unlawfully and maliciously destroys , or
damages with intent to destroy , any plant , root , fruit, or vegetable pro-
duction , 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 goal, there to be imprisoned , or to be imprisoned and kept
to hard labour , for any term not exceeding six months , or else shall for-
feit and pay , over and above the amount of the injury done , such sum of
money not exceeding one hundred dollars as to the magistrate may seem
meet .
(2) every person who , having been convicted of any such offence ,
either against this or any former enactment in force in this colony ,
afterwards commits any of the said offences in this section before men-
tioned shall be guilty of felony ,and , being convicted thereof , shall be
liable , at the discretion of the court , to imprisonment for any term not exceed-
ing two years , with or without hard labour and with or wihtout solitary
confinement , and , if a male under the age of sixtten years, with or with-
out whipping .
23.-(1) every person who unlawfully and maliciously destroys , or
damages with intent to destroy , any cultivated plant or root used for the
food of man or beast , or for medicine , or for distilling , or for dyeing , or
for or in the course of any manufacture , and growing in any land , open
or enclosed , no tbing 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 im-
prisoned , 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 may seem meet,and in default of payment
thereof , together with the costs , if ordered , shall be committed as
aforesaid under and in accordance with the provisions of any ordinance
for the time being in force relating to the jurisdiction of magistrates
and the practice and procedure before them in respect of offences
punishable on summary conviction .
(2) every person who , having been convicted of any such offence ,
either against this or any former enactment in force in this colony ,
afterwards commits any of the said offences in this sectio before
mentioned , and is convicted thereof in like manner , shall be committed
to the common gaol , there to be kept to hard labour for suhc term not
exceeding six months as the convicting magistrate may think fit .
injuries to fences .
24.-(1) every perosn who , unlawfully and maliciously cuts , breaks ,
throws down, or in anywise destroys any fence or paling of any descrip-
tion whatsoever , or any wall, stile , or gate , or any part thereof respect-
ively , shall , on conviction thereof before a police magistrate , for the
first offence forfeit and pay ,over and above the amount of the injury
done , sucb sum of money not exceeding twenty-five dollars as to the
magistrate may seem meet.
(2) every person who , having been convicted of any such offence ,
either against this or any former enactment in force in this colony,
afterwards commits any of the said offences in his section before men-
tioned , and is 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 may think fit .
injuries to sea and river banks , ets.
25. every perosn who unlawfully and maliciously-
(1) breaks down , or cuts down,or otherwise damages or destroys
any sea-bank or sea-wall , or the bank , dam , or wall of or belong-
ing to any river, creek, drain, reservoir, pool , or marsh, whereby
any land or building is or is in danger of being overflowed or
damaged ; or
(2) throws , breaks , or cuts down,levels,undermines , or otherwise
destroys any quay , wharf , jetty , lock , sluice , floodgate weir ,
tunnel , drain, watercourse , or other work belonging to any port,
harbour , dock , or reservoir, or on or belonging to any navigable
creek.
shalll be guilty of felony , and , being convicted thereof , shall be liable , aat
the discretion of the court , to imprisonment with hard labour for life or
for any term not less than three years or to imprisonment for any term
not exceeding two years , with or without hard labour and with or with-
out solitary confinement , and , if a male under ht eage of sixteen years ,
with or without whipping . 26.every person who unlawfully and maliciously-
(1) cuts off, draws up , or removes any piles or other materials fixed
in the ground , and used for securing any sea-bank or sea-wall
or the bank, dam , or wall of any river , creek, french , drain,
aqueduct, marsh , reservoir , pool , port , harbour , dock,quay , wharf,
jetty , or lock;or
(2) opens or draws up any floodgate or sluice , or does any other
injury or mischief to any river or creek or to any drain, trench,
or canal , with intent and so as thereby to abstruct or prevent the
carrying on , completing , or maintainin gthe navigation or drainage
thereof ,
shall be guilty of felony , and , being convicted thereof , shall be liable , at
the discretion of the court , to imprisonment with hard labour for any
term not exceeding seven years and not less than three years or to im-
prisonment for any term not exceeding seven 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 bridges , viaducts , etc.
27. every person who unlawfully and maliciously pulls or throws
down , or in anywise destroys , and bridge (whether over any stream of
water or not ) or any viaduct or aqueduct, over or under which bridge ,
viaduct , or aqueduct any highway or canal passes , or does any injury
with intent and so as thereby to render such bridge , viaduct , or aque-
duct , or the highway or canal passing over or under the same , or any
part thereof , dangerous or impassible , shall be guilty of felony , and ,
being convicted thereof , shall be liable , at the discretion of the court ,
to imprisonment with hard labour for life or for any term not less than
three years or to imprisonment for any term not exceeding two years ,
with or without hard labour nad with or without solitary confinement ,
and , if a male under the age of sixteen years , with or without whipping .
injuries to telegraphs.
28.every persojn who unlawfully and maliciously
(1) cuts , breaks , throws down , destroys , ijures , or removes any bat-
tery , machinery , wire , cable , post , or other matter or thing what-
soever , being part of or being used or employed in or about any
electric or magnetic telegraph or in the working thereof ; or
(2) prevents or obstructs in any manner whatsoever the sending , con-
veyance , or delivery of any communication by any such telegraph,
shall be guilty of a misdemeanor , and , being convicted thereof , shall be
liable , at the discretion of the court , to imprisonment for any term not
exceeding two years , with or without hard labour: provided that if it appears to a police magistrate , on the examination of any person charged
with any offence against this section , that it is not expedient to the ends
of justice that the same should be prosecuted by indictment , the magis-
trate 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 ocmmon gaol , there to be imprisoned , 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 may seem meet .
29.every person who unlawfully and maliciously by any overt act
attempts to commit any of the offences mentioned in the last preceding
section shall , on conviction thereof before a police magistrate may seem
meet.
injuries to works of act.
30.every person who unlawfully and maliciously destroys or dam-
ages-
(1)any book , manuscript picture , print, statue , statue , bust , or vase , or any
other article or thing kept for the purposes of art , science , or liter-
aturer , or as an object of curiosity , in any museum , gallery , cabinet, library ,
or other repository is either at all times or from time to time open
for the admission of the public or of any considerable number of
persons to view the same , either by the permission of the proprietor
thereof or by the payment of money before entering the same ; or
(2) any picture , statue, monument , or other menorial 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 her majesty,or to the colony ,or to any
college , or in any street , square , churchyard , burial ground , public
garden or ground; or
(3) any statue or monument exposed to public viw or any ornamnt ,
railing , or fence surrounding such statue or monument ,
shall be guilty of a misdemeanor , and , being convicted thereof , shall be
liable to imprisonment for any term not exceeding six months , with or
without hard labour , and , if a made under the age of sixteen years , with
or without whipping : provided that nothing in this section shall be
deemed to affect the right of any person to recover, by action at law ,
damages for the injury so committed. injuries to cattle and other animals .
31. every person who unlawfully and maliciously kills , maims , or
wounds any cattle shall be guilty of felony, and ,being convicted thereof ,
shall be liable , at the discretion of the court , to imprisonment with hard
labour for any term not exceeding fourteen years and not less than three
years or to imprisonment for any term not exceeding two years , with or
without hard labour and with or without solitary confinement .
32.-(1)every person who unlawfully and maliciously kills , maims,
or wounds any dog, bird , beast, or other animal, not being cattle , but
being either the subject of larceny at common law in England or being
ordinarily kept in a state of confinement or for any domestic purpose ,
shall , on conviction thereof before a pjolice magistrate , at the discretion
of the magistrate , either be committed to the common gaol, there to be
imprisoned , or to be imprisoned and kept to hard 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 may seem meet.
(2) every person who , having been convicted of any such offence .
afterwards commits any of the said offences in this section before men-
tioned shall be guilty of a misdemeanor, and , being convicted thereof,
shall be liable to imprisonment for any term not exceeding twelve months ,
with or without hard labour.
injuries to ships .
33.every person who unlawfully and maliciously sets fire to , casts
away , or in anywise destroys any ship or vessel, whether the same is
complete or in an unfinished state , shall be guilty of felony ,and , being
convicted thereof , shall be liable , at the discretion of the court , to im-
prisonment with hard labour for life or for any term not less than three
years or to imprisonment for any term not exceeding two years , with or
without hard labour with or without solitary confinement , and , if a
male under the age of sixteen years , with or without whipping .
34.every person who unlawfully and maliciously sets fire to , casts
away , or in anywise destroys any ship or vessel, wiht intent thereby to
prejudice any owner or part owner of such ship or vessel or of any goods
on board the same , or any person who has underwritten any policy of
insurance upon such ship on vessel , or upon the freight thereof , or upon
any goods on the board the same , shall be guilty of felony , and , being con-
victed thereof , shall be liable , at the discretion of the court , to imprison-
ment with hard labour for life or for any term not less than three years
or to imprisonment for any iterm not exceeding two years , with or with-
out hard labour and with or without solitary confinemnt, and , if a male under the age of sixteen years , with or without whipping .
35.every person who unlawfully and maliciously by any overt act
attempts to set fire to , cast away, or destroy any ship or vessel, under
such circumstances that, if the ship or vessel were thereby set fire to , cast
away , or destroyed , the offender would be guilty of felony , shall be guilty
of felony, and being convicted thereof , shall be liable , at the discretion
of the court, to imprisonment with haard labour for any term not exceed-
ing fourteen years nad not less than three years or to imprisonment 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.every person who unlawfully and maliciously places or throws
in,into, upon , against or near any ship or vessel any gunpowder or
other explosive substance , with intent to destroy or damage any ship or
vessel or any machinery , workin tools , goods , or chattels , shall,
whether or not any explosion takes place and whether or not any injury
is effected , be guilty of felony , and , being convicted thereof , shall be
liable , at the discretion of the court , to imprisonment with hard labour
for any term not exceeding fourteen years and not less than three years
or to imprisonment for any term not exceeding two years , with or with-
out hard labour and wiht or without solitaary confinement , and if a male
under the age of sixteen years , with or without whipping.
37.every person who unlawfully and maliciously damages , otherwise
than by fire , gunpowder , or other explosive substance , any ship or
vessel whether the same is complete or in an unfinished state , with
intent to 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 imprisonment with hard labour for any term not exceeding
seven years and not less than three years ro to imprisonment for any
tem 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.every person who-
(1) unlawfully masks , alters , or removes any light or signal or
unlawfully exhibits any false light or signal , with signall , with intent to being
any ship, vessel , or boat into danger ; or
(2) unlawfully and maliciously does anything tending to the imme-
diate 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 imprisonment with hard labour for life or
for any term not less than three years or imprisonment for any term not exceeding two years,with or without hard labour and with or with-
solitary confinement,and,if a male under the age of sixteen years,with
or without whipping.
39.Every person who unlawfully and maliciously-
(1.)cuts away,casts adrift,removes,alters,defaces,sinks,or de-
stroys;or
(2.)does any act with intent to cut away,cast adrift,remove,alter,
deface,sink,or destroy;or
(3.)in any other manner injuries or conceals,
any boat,buoy,buoy rope,beacon,perch,or mark used or intended for
the guidance of seamen or the purpose of navigation shall be guilty of
felony,and,being convicted thereof,shall be liable,at the discretion of
the Court,to imprisonment with hard labour for any term not exceed-
ing seven years and not less than three years or to imprisonment 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.
40.Every person who unlawfully and maliciously destroys any part
of any ship or vessel which is in distress,or wrecked,stranded,or
cast on shore,or any goods,merchandise,or articles of any kind 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 imprisonment
with hard labour for any term not exceeding fourteen years and not less
than three years or to imprisonment for any term not exceeding two
years,with or without hard labour and with or without solitary confine-
ment.
Sending Letters threatening to burn or destroy Houses,etc.
41.Every person who sends,delivers,or utters,or directly or in-
directly causes to be received,knowing the contents thereof,any letter
or writing threatening t burn or destroy any house,barn,or other
building,or any rick or stack of rice,hay,straw,or other agricultural
produce,or any grain,rice,hay,straw,or other agricultural produce in
or under any building,or any ship or vessel,or to kill,main,or wound
any cattle,shall he guilty of felony,and,being convicted thereof,shall
be liablemat the discretion of the Court,to imprisonment with hard
labour for any term not exceeding ten years and not less than three
years or to imprisonment for any term or without solitary confinement,and,if a
male under the age of sixteen years,with or without whipping.
Miscellaneous Injuries.
42.Every person who unlawfully and maliciously commits any damage,injury,or spoil to or upon any real or personal property 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 discreion of the Court,
to imprisonment for any term not exceeding two years,with or without
hard labour;and,in case such offence is committed between the hours
of nine o'clock in the evening and six o' clock in the next morning,shall
be liable,at the discrertion of the Court,to imprisonment with hard la-
bour for any term not exceeding five years and not less than three
years or to imprisonment for any term not exceeding two years,with or
without hard labour.
43.-(1.)Every person who wilfully or maliciously commits 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,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,or to be imprisoned and kept
t hard labour,for any term not exceeding two months,or else shall
forfeited and pay such sum of money not exceeding twenty-five dollars as
to the Magistrate may seem meet,and also such further sum of money
as may appear to the Magistrate to be a reasonable compensation for the
damage,injury,or spoil so committed,not exceeding the sum of 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 pro-
perty of a public nature,or wherein any public right is concern,shall
be paid to Her Majesty for the use of the Colony and in support of the
Government thereof.
(2.)If such sums of money,together with costs (if ordered)are not
paid either immediately after the conviction or within such period as
the Magistrate may at the time of the conviction appoint,the Magistrate
may commit the offender to the common gaol,there to be imprisoned,
or to be imprisoned and kept to hard labour,as the Magistrate thinks
fit,under and in accordance with the provisions of any Ordinance for
the time being in force relating to the jurisdiction of Magistrates and
the practice and procedure before them in relation ot offences punishable
on summary conviction:Provided that nothing herein contained shall
extend to any case where the party acted under a fair and reasonable
supposition that he had a right to do the act complained of.
44.The provisions of the last preceding section shall extend to any
person who wilfully or maliciously commits any injury to any tree,
sapling,shrub,or underwood for which no punishment is hereinbefore provided.
Making Gunpowder to commit Offences and searching therefor.
45.Every person who makes,or manufactures,or knowingly has in
his possession any hunpowder or other explosive substance,or any
dangerous or noxious thing,or any machine,engine,instrument,or
thing,with intent thereby or by means thereof to commit,or for the pur-
pose of enabling any other person to commit,any of the felonies men-
tioned in this Ordinance,shall be guilty of a misdemeanor,and,being
convicted thereof,shall be liable,at the discretion of the Court,to im-
prisonment for any term not exceeding two years,with or without hard
labour and with or without solitary conficement,and,if a male under
the age of sixteen years,with or without whipping.
46.-(1.)When any gunpowder or other explosive,dangerous,or
noxious substance,or any machine,engine,instrument,or thing,is sus-
pected to be made,kept,or carried for the purpose of being used in
committing any of the felonies mentioned in this Ordinance,a Police
Magistrate may,on reasonable cause assigned upon oath,affirmation,or
declaration by any person,issue a warrant under his hand for searching
in the daytime any house,mill,magazine,godown,storehouse,ware-
house,shop,cellar,yard,wharf,or other place,or any carriage,wagon,
cart,ship,boat,or vessel,in which the same is suspected to be made,
kept,or carried for such purpose as hereinbefore mentioned.
(2.)Every person acting in the execution of any such warrant shall
have,for seizing,removing to proper places,and detaining all such gun-
powder,or explosive,dangerous,or noxious subtances,and every such
machine,engine,instrument,or thing,found upon such search,which
he may have good cause to suspect to be intended to be used in com-
mitting any such offence,and the barrels,packages,cases,and other
receptacles in whcih the same may be,the same powers and protections
which are given to persons searching for unlawful quantities of gun-
powder under the warrant of a Justice by the Act of Parliament
23 and 24 Victoria Chapter 139,entitled 'An Act to amend the Law
concerning the Making,Keeping and Carriage of gunpowder and Com-
positions of an explosive Nature and concerning the Manufacture,Sale
and Use of Fireworks.'
Supplemental Provisions.
47.-(1.)In the case of every felony punishable under this Ordinance,
every principal in the second degree,and every accessory before the fact,
shall be punishable in the same manner as the principal in the first degree
is by this Ordinance punishable.
(2.)Every accessory after the fact to any felony punishable under this Ordinance shall,on conviction,be liable,at the discretion of the
Court,to imprisonment for any term not exceeding two years,with or
without hard labour and with or without solitary confinement.
(3.)Every person who aids,abets,counsels,or procures the commis-
sion of any misdemeanor punishable under this Ordinance shall be liable
to be proceeded against,indicted,and punished as a principal offender.
48.Any constable or peace officer may take into custody,without a
warrant,any person whom he may find lying or loitering in any high-
way,yard,or other place during the night,and whom he may have good
cause to suspect of having committed or being about to commit any felony
against this Ordinance,and shall take such person as soon as reasonably
may be before a Police Magistrate,to be dealt with according to law.
49.Every punishment and forfeiture by this Ordinance imposed on
any person maliciously committing any offence,whether the same is
punishable on indictment or on summary conviction,shall equally apply
and be enforced whether the offence is committed from malice conceived
against the owner of the property in respect of which it is committed or
otherwise.
50.Every provision of this Ordinance not hereinbefore so applied
shall apply to every person who,with intent to injury or defraud any
other person,does any of the acts hereinbefore made penal,although
the offender may be in possession of the property against or in respect
of which such act is done.
51.-(1.)In any indictment for any offence against this Ordinance,
where it is necessary to allege an intent to injure or defraud,it shall be
sufficient to allege that the accused did the act with intent to injure or
defraud,as the case mayu be,without alleging an intent to injure or de-
fraud any particular person.
(2.)In the trial of any such offence,it shall not be necessary to prove
an intent to injure or defraud any particular person,but it shall be
sufficient to prove that the accused did the act charged with an intent to
injure or defraud,as the case may be.
52.Any person found committing any offence against this Ordinance,
whether the same is punishable on indictment or on summary conviction,
may be immediately apprehended,without a warrant,by any peace
officer,or by the owner of the property injured or his servant,or by any
person authorized by him,and forthwith taken before a Police Magis-
tarte,to be dealt with according to law.
53.Every person who aids,abets,counsels,or procures the commis-
sion of any offence which is by this Ordinance punishable on summary
conviction,either for every time of its commission,or for the first and second time only,or for the first time only,shall,on conviction before a
Police Magistrate,be liable,for every first,second,or subsequent
offence of aiding,abeting,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.
54.-(1.)Every sum of money which is 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 he is
unknown,and in that case such sum shall be applied in the same manner
as a penalty.
(2.)Every sum of money which is imposed as a penalty by a Police
Magistrate,whether in addition to such amount or otherwise,shall be
paid to Her Majesty for the use of the Colony and in support of the
Government thereof:Provided that where several persons join in the
commission of the same offence,and,on conviction thereof,each is
adjudged to forfeit a 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 is forfeited for the amount of the injury done,or
which is imposed as a penalty by the Magistrate,is not paid,either
immediately after the conviction or within such period as the Magistrate
may at the time of the conviction appoint the convicting Magistrate
(unless where otherwise specially directed) may commit the offender to
the common gaol,there to be imprisoned or to be imprisoned and kept
to hard labour,according to the discretion of the Magistrate,under and
in accordance with the provisions of any Ordinance for the time being
in force relating to Magistrates and the practice and procedure before
them in respect of offences punishable on summary conviction.
56.Where any person is summarily convicted before a Police Ma-
gistrate of any offence against this Ordinance,and it is a first con-
viction,the Magistrate may,if he thinks fit,discharge the offender from
his conviction on his marking such satisfaction to be party aggrieved
for damages and costs,or either of them,as may be ascertained by the
Magistrate.
57.When any person convicted of any offence punishable on sum-
mary conviction by virtue of this Ordinance has paid the sum adjudged
to be paid,together with costs,under such conviction,or has received a
remission thereof from the Crown or from the Governor,or has suffered the imprisonment awarded for non-payment thereof or the imprison-
ment awarded in the first instance ,or has been so discharged from his
conviction by any Magistrate as aforesaid,he shall be released from all
further or other proceedings for the same cause.
58.-(1.)All actions and prosecutions to be commenced against any
person for anything done in pursuance of this Ordinance shall be com-
menced within six months after the facts committed,and not otherwise.
(2.)Notice in writing of such action,and of the cause thereof,shall
be given to the defendant one month at least before the commencement
of the action.
(3.)In any such action the defendant may plead the general issue,
and give this Ordinance and the special matter in evidence at any trial
to be had thereupon.
(4.)No plaintiff shall recover in any such action if tender of sufficient
amends has been made before such action brought,or if a sufficient sum
of money has been paid into Court after such action brought,by or on
behalf of the defendant.
(5.)If a verdict passes for the defendant,or the plaintiff becomes
nonsuit or discontinues any such action after issue joined,or if,on
demurrer or otherwise,judgment is given against the plaintiff,the de-
fendant shall recover his full costs as between solicitor and client,and
have the like remedy for the same as any defendant has by law in other
cases;and though a verdict is given for the plaintiff in any such ac-
tion,the plaintiff shall not have costs against the defendant,unless
the Judge before whom the trial is had certifies 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 imprisoned or to be imprisoned and kept to
hard labour,and such sentence shall be carried out in a accordance with
the provisions of any Ordinance for the time being in force relating to
prisons.
60.Whenever solitary confinement may be awarded for any indict-
able offence under this Ordinance,the Court may direct the offender to
be kept in solitary confinement for any portion or portions of his im-
prisonment or of his imprisonment with hard labour,not exceeding one
month at any one time and not exceeding three months in any one
year.
61.-(1.)Whenever any person is convicted of any indictable mis-
demeanor ounishable under this Ordinance,the Court may,if it
thinks fit,in addition to or in lieu of any of the punishments authorized by this Ordinance, fine the offender, and require him to enter into his
own recognizances and to find sureties, both or either, for keeping the
peace and being of good behaviour.
(2.)In the case of any felony punishable under this Ordinance, the
Court may, if it thinks fit, require the offender to enter into his own re-
cognizances and to find sureties, both or either, for keeping the peace, in
addition to any punishment authorized by this Ordinance: Provided that
no person shall be imprisoned under this section for not finding sureties
for any period exceeding one year.
62.-(1.)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 any Ordinance for the time
being in force relating to the jurisdiction of Magistrates and the practice
and procedure before them in respect of offences punishable on sum-
mary conviction.
(2.)Every such Police Magistrate shall have and is hereby invested
with full jurisdiction, power, and authority to deal with, inquire of,
try, determine, and punish every offence under this Ordinance made
punishable on summary conviction by a Police Magistrate.
A.D. 1865. Ordinance No. 8 of 1865. Short title. Setting fire to church, etc. 24 & 25 Vict. C. 97 s. 1. Setting fire to dwelling house, any person being therein. Ib. s. 2. Setting fire to house, etc. 24 & 25 Vict. C. 97 s. 3. Setting fire to engine-house, etc. Ib. s. 4. Setting fire to public building. Ib. s. 5. Setting fire to building for specified. Ib. s. 6. Setting fire to goods in any building, the setting fire to which is felony. Ib. s. 7. Attempt to set fire to building, etc. 24 & 25 Vict. C. 97 s. 8. Destroying, etc., dwelling house, etc., with explosive substance, any person being therein. Ib. s. 9. Attempt to destroy building, etc., with explosive substance. Ib. s. 10. Riotous demolition of church, etc. Ib. s. 11. Riotous injury to building or machinery. 24 & 25 Vict. C. 97 s. 12. Injury to dwelling house, etc., by tenant. Ib. s. 13. Destroying etc., machine or engine. 24 & 25 Vict. C. 97 s. 15. Setting fire to field of grass, etc. Ib. s. 16. Setting fire to heap of corn, etc. Ib. s. 17. Attempt to set fire to crop, etc. Ib. s. 18. Destroying tree, etc., to amount of more than $5, growing in pleasure ground, etc. 24 & 25 Vict. C. 97 s. 20. Destroying tree, etc., to amount of more than $25, growing elsewhere than in pleasure ground, etc. Ib. s. 21. Destroying tree, etc., to amount of 24 cents, wheresoever growing. Ib. s. 22. Destroying plant, etc., growing in garden, etc. 24 & 25 Vict. C. 97 s. 23. Destroying cultivated plant, etc., not growing in garden, etc. Ib. s. 24. See Ordinance No. 3 of 1890. Destroying, etc., fence, etc. 24 & 25 Vict. C. 97 s. 25. Destroying sea-bank, etc. Ib. s. 30. Removing pile of sea-bank, etc. 24 & 25 Vict. C. 97 s. 31. Injury to bridge, etc. Ib. s. 33. Injury to electric or magnetic telegraph. Ib. s. 37. Attempt to injure electric or magnetic telegraph. 24 & 25 Vict. C. 97 s. 38. Injury to work of art in museum or in public place. Ib. s. 39. Killing, maiming, or wounding cattle. 24 & 25 Vict. C. 97 s. 40. Killing, maiming, or wounding animal, not being cattle. Ib. s. 41. Setting fire to ship or vessel. Ib. s. 42. Setting fire to ship or vessel, with intent to prejudice owner or underwriter. Ib. s. 43. Attempt to set fire to ship or vessel 24 & 25 Vict. C. 97 s. 44. Placing explosive substance near ship or vessel, with intent to damage it. Ib. s. 45. Damaging ship or vessel otherwise than by fire, etc. Ib. s. 46. Exhibiting false signal, with intent to bring ship, etc., into danger. Ib. s. 47. Destroying, etc., buoy or other sea mark. 24 & 25 Vict. C. 97 s. 48. Destroying wreck or any article belonging thereto. Ib. s. 49. Sending letter threatening to burn or destroy house, etc. Ib. s. 50. Injuries not before provided for exceeding amount of $25. 24 & 25 Vict. C. 97 s. 51. Summary conviction in case of malicious injury. Ib. s. 52. See Ordinance No. 3 of 1890. Extension of s. 43 to tree, etc. Ib. s. 53. Making or having explosive substance, etc., with intent to commit felony against the Ordinance. 24 & 25 Vict. C. 97 s. 54. Power to issue warrant for searching house, etc., for such explosive substance, etc. Ib. s. 55. Punishment of principals in second degree, accessories, and abettors. Ib. s. 56. Power for constable to apprehend person loitering at night, etc. 24 & 25 Vict. C. 97 s. 57. Malice against owner of property unnecessary. Ib. s. 58. Application of the Ordinance to person in possession of property injured. Ib. s. 59. Intent to injure particular person need not be stated in indictment. Ib. s. 60. Apprehension of person in act of committing offence. Ib. s. 61. Abettors in offences punishable on summary conviction. 24 & 25 Vict. C. 97 s. 63. Application of forfeiture or penalty on summary conviction. Ib. s. 64. Committal to prison in default of payment of forfeiture or penalty. Ib. s. 65. See Ordinance No. 3 of 1890. Power of magistrate to discharge first offender. Ib. s. 66. Summary conviction to bar any other proceeding for the same cause. 24 & 25 Vict.c. 97 s. 67. Protection of person acting under the Ordinance. Ib.s.71.Punishment of hard labour. Ib.s.74. See Ordinance No. 4 of 1899. Punishment of solitary confinement. Ib.s.75. Fine and sureties for keeping the peace. Ib.s.73. Procedure in cases of summary conviction. 24 & 25 Vict. C. 97 s. 76. See Ordinance No. 3 of 1890.
Abstract
A.D. 1865. Ordinance No. 8 of 1865. Short title. Setting fire to church, etc. 24 & 25 Vict. C. 97 s. 1. Setting fire to dwelling house, any person being therein. Ib. s. 2. Setting fire to house, etc. 24 & 25 Vict. C. 97 s. 3. Setting fire to engine-house, etc. Ib. s. 4. Setting fire to public building. Ib. s. 5. Setting fire to building for specified. Ib. s. 6. Setting fire to goods in any building, the setting fire to which is felony. Ib. s. 7. Attempt to set fire to building, etc. 24 & 25 Vict. C. 97 s. 8. Destroying, etc., dwelling house, etc., with explosive substance, any person being therein. Ib. s. 9. Attempt to destroy building, etc., with explosive substance. Ib. s. 10. Riotous demolition of church, etc. Ib. s. 11. Riotous injury to building or machinery. 24 & 25 Vict. C. 97 s. 12. Injury to dwelling house, etc., by tenant. Ib. s. 13. Destroying etc., machine or engine. 24 & 25 Vict. C. 97 s. 15. Setting fire to field of grass, etc. Ib. s. 16. Setting fire to heap of corn, etc. Ib. s. 17. Attempt to set fire to crop, etc. Ib. s. 18. Destroying tree, etc., to amount of more than $5, growing in pleasure ground, etc. 24 & 25 Vict. C. 97 s. 20. Destroying tree, etc., to amount of more than $25, growing elsewhere than in pleasure ground, etc. Ib. s. 21. Destroying tree, etc., to amount of 24 cents, wheresoever growing. Ib. s. 22. Destroying plant, etc., growing in garden, etc. 24 & 25 Vict. C. 97 s. 23. Destroying cultivated plant, etc., not growing in garden, etc. Ib. s. 24. See Ordinance No. 3 of 1890. Destroying, etc., fence, etc. 24 & 25 Vict. C. 97 s. 25. Destroying sea-bank, etc. Ib. s. 30. Removing pile of sea-bank, etc. 24 & 25 Vict. C. 97 s. 31. Injury to bridge, etc. Ib. s. 33. Injury to electric or magnetic telegraph. Ib. s. 37. Attempt to injure electric or magnetic telegraph. 24 & 25 Vict. C. 97 s. 38. Injury to work of art in museum or in public place. Ib. s. 39. Killing, maiming, or wounding cattle. 24 & 25 Vict. C. 97 s. 40. Killing, maiming, or wounding animal, not being cattle. Ib. s. 41. Setting fire to ship or vessel. Ib. s. 42. Setting fire to ship or vessel, with intent to prejudice owner or underwriter. Ib. s. 43. Attempt to set fire to ship or vessel 24 & 25 Vict. C. 97 s. 44. Placing explosive substance near ship or vessel, with intent to damage it. Ib. s. 45. Damaging ship or vessel otherwise than by fire, etc. Ib. s. 46. Exhibiting false signal, with intent to bring ship, etc., into danger. Ib. s. 47. Destroying, etc., buoy or other sea mark. 24 & 25 Vict. C. 97 s. 48. Destroying wreck or any article belonging thereto. Ib. s. 49. Sending letter threatening to burn or destroy house, etc. Ib. s. 50. Injuries not before provided for exceeding amount of $25. 24 & 25 Vict. C. 97 s. 51. Summary conviction in case of malicious injury. Ib. s. 52. See Ordinance No. 3 of 1890. Extension of s. 43 to tree, etc. Ib. s. 53. Making or having explosive substance, etc., with intent to commit felony against the Ordinance. 24 & 25 Vict. C. 97 s. 54. Power to issue warrant for searching house, etc., for such explosive substance, etc. Ib. s. 55. Punishment of principals in second degree, accessories, and abettors. Ib. s. 56. Power for constable to apprehend person loitering at night, etc. 24 & 25 Vict. C. 97 s. 57. Malice against owner of property unnecessary. Ib. s. 58. Application of the Ordinance to person in possession of property injured. Ib. s. 59. Intent to injure particular person need not be stated in indictment. Ib. s. 60. Apprehension of person in act of committing offence. Ib. s. 61. Abettors in offences punishable on summary conviction. 24 & 25 Vict. C. 97 s. 63. Application of forfeiture or penalty on summary conviction. Ib. s. 64. Committal to prison in default of payment of forfeiture or penalty. Ib. s. 65. See Ordinance No. 3 of 1890. Power of magistrate to discharge first offender. Ib. s. 66. Summary conviction to bar any other proceeding for the same cause. 24 & 25 Vict.c. 97 s. 67. Protection of person acting under the Ordinance. Ib.s.71.Punishment of hard labour. Ib.s.74. See Ordinance No. 4 of 1899. Punishment of solitary confinement. Ib.s.75. Fine and sureties for keeping the peace. Ib.s.73. Procedure in cases of summary conviction. 24 & 25 Vict. C. 97 s. 76. See Ordinance No. 3 of 1890.
Identifier
https://oelawhk.lib.hku.hk/items/show/567
Edition
1901
Volume
v1
Subsequent Cap No.
200
Cap / Ordinance No.
No. 6 of 1865
Number of Pages
19
Files
Collection
Historical Laws of Hong Kong Online
Citation
“MALICIOUS DAMAGE ORDINANCE, 1865,” Historical Laws of Hong Kong Online, accessed January 22, 2025, https://oelawhk.lib.hku.hk/items/show/567.
