MALICIOUS DAMAGE ORDINANCE, 1865
Title
MALICIOUS DAMAGE ORDINANCE, 1865
Description
No. 6 of 1865.
To consolidate and amend the Laws relating to Malicious Injuries
to Property. [14th June,1865.]
1. The Malicious Damage Ordinance, 1865.
Injuries by fire to buildings and goods therein.
2. Every person who unlawfully and maliciously sets fire to any
church, chapel, meeting house, or other place of divine worship
shall be guilty of felony, and shall be liabIe to imprisonment for life,
and, if a male under the age of 16 years, with or without whipping.
3. Every person who unlawfully and maliciously sets fire to any
dwelling house, any person being therein, shall be guilty of felon
and shall be liable to imprisonment for life, and, if a male under the
age of 16 years, with or without whipping.
4.Every person who unlawfully and maliciously sets fire to any
house,stable,coach-house,outhouse,warehouse,godown,office,
shop,store,mill,store house,granary,hovel,shed,or fold,or to
any farm building,or to any building or erection used in farming
land or in carrying on any trade or manufacture or any branch
thereof,whether the same is then in the possession of the offender
or in the possession of any other person,with intent thereby to
injure or defraud any person,shall be guilty of felony,and shall
be liable to imprisonment for life,and,if a male under the age of
16 years,with or without whipping.
5.Every person who unlawfully and maliciously sets fire to nay
engine-house,warehouse,or other building belonging or appertain-
ing to any port,dock,or harbour shall be guilty of felony,and shall
be liable to imprisonment for life,and,if a male under the age of
16 years,with or without whipping.
6.Every person who unlawfully and maliciously sets fire to any
building,other than such as are in this Ordinance before mentioned,
belonging to the King or to the Colony,or devoted or delicated
to public use or ornament,or erected or maintained by public
subscription ot contribution,shall be guilty of felony,and shall
be liable to imprisonment for life,and,if a male under the age
of 16 years,with or without whipping.
7.Every person who unlawfully and maliciously sets fire to any
building other than such as are in this Ordinance before mentioned
shall be guilty of felony,and shall be l iable t imprisonment for any
term not exceeding 14 years,and,if a male under the age of 16
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 weere thereby set fire to ,the
offence would amount to felony,shall be guilty of felony,and shall
be liable to imprisonment for any term not exceeding 14 years,and
if a male under the age of 16 years,with or without whipping.
9.Every person who unlawfully and maliciously by any overt
act attempts to set fore to any building or to any matter or thing
mentioned in the last section,under such circumstances that,if the
same were thereby set fire to, the offender would be guiIty of felony,
shall be guilty of felony, and shall be liable to imprisonment for any
term not exceeding 14 years, and, if a male under the age of 16
years, with or without whipping.
Injuries by explosive substances to buildings and goods therein.
10. Every person who unlawfully and maliciously, by the explo-
sion of gunpowder or other explosive substance,destroys, throws
down, or damages the whole or any part of any dwelling house,
any person being therein, or of any building whereby the life of
any person is endangered,shall be guilty of felony,and shall be
liable to imprisonment for life,and,if a male under the age of
16 years,with or without whipping.
11. Every person who unlawfully and maliciously places or
throws in, into, upon, under, against, or near any building any
gunpowder or other explosive substance,with intent to destroy or
damage any building or any engine, machinery, working tools,
fixtures, goods, or chattels, shall, whether or not any, explosion
takes place and whether or not any damage is caused, be guilty of
felony and shall be liable to imprisonment for any term not exceed-
ing 14 years, and, if a male under the age of 16 years, with or
without whipping.
Injuries to buildings by rioters,etc.
12, If any persons, riotously and tumultuously assembled toge-
ther to the disturbance of the public peace, unlawfully and with
force demolish, pull down, or destroy, or begin to demolish, pull
down, or destroy,-
(1) any church, chapel, meeting house, or other place of divine
worship; or
(2) any house, stable, coach-house, outhouse, warehouse. go-
down, 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
mentioned, belonging to the King or to the Colony, or devoted or
dedicated to pubdic use or ornament, or erected or maintained by
public subscription or contribution ; or
(4) any machinery, whether fixed or movable, prepared for or
employed in the business of an or in any branch
thereof,
every such offender shall be guilty of felony, and shall be liable to
imprisonment for life.
13. If any person,riotously and tumultuously assembled toge-
ther 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 section, every such offender shall be guilty of a misde-
meanor, and shall be liable to imprisonment for any term not
exceeding 7 years: Provided that if, on the trial of any person for
any felony mentioned in the last section,the jury are not satisfied
that such person is guilty thereof, but are satisfied that he is guilty
of any offence mentioned in this section, then the jury may find
him guilty thereof,and he may be punished accordingly.
Injuries to buildings by tenants.
14.Every person who, being possessed of any dwelling house or
other building or part of any dwelling house. or other building, held
for any term of years, or other less term, or at will, or held over
affer the termination of any tenancy,unlawful and maliciously-
(1) pulls down or demolishes, or begins to pull down or demolish,
the same or any part thereof ; or
(2) pulls down or severs from the freehold any fixture being fixed
in or to such dwelling house or building or part of such dwelling
house or building,
shall be guilty of a misdemeanor, and shall be liable to imprison-
ment for any term not, exceeding 18 months.
Injuries 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 whatsoever, shall be guilty of felony,
and shall be liable to imprisonment for any term not exceeding 7
years, and, if a male under the age of 16 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, 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,whatever the same may be growing
shall be guilty of felony, and shall be liable to imprisonment for any
term not exceeding 14 years, and, if a male under the age of 16
years, with or without whipping.
17. Every person who unlawfully and ,aliciously sets fire to any
heap or stack of corn, rice, grain, pulse, tares, hay,straw,or of any
cultivated vegetable produce, or to any heap or stack of coals or
wood, or to any other substance used for fuel, shall be guilty of
felony, and shall be liable to imprisonment for life, and, if a male
under the age of 16 years,with or without whipping.
18. Every person who unlawfully and maliciously by any overt
act attempts to set fire to any such inaticr or thing as is mentioned
in either of the last two sections, under such circumstances that, if
the same were thereby set fire to, tlic, offender under either
of such sections, be guilty of felony, shall be guilty of felony, and,
shall be liable to for any term not exceeding 7 years,
and, if a male under the age of 16 years, with or without whipping.
19. Every person who unlawfully and maliciously cuts,breaks,
barks, roots up, or otherwise destroys or damages the whole or any
part of any tree, sapling, or shrub, or any underwood, growing in
any pleasure ground, garden, orchard, or avenue, or in any ground
adjoining or belonging to any dwelling house (in case the amount
of the injury done exceeds the sum of 5 dollars) shall be guilty of
felony, and shall be liable to imprisonment for any term not exceed-
ing 3 years, and, if a male under the age of 16 years, with or
without whipping.
20.Every person who unlawfully and maliciously cuts, breaks,
barks, roots up, or otherwise destroys or damages the whole or any
part of any tree, sapling, or shrub, or any underwood, growing
elsewhere than in any pleasure ground, garden, orchard, or avenue,
or in any ground adjoining or belonging to any dwelling house (in
case the amount of injury done exceeds the sum of 25 dollars) shall
be guilty of felony, and shall be liable to imprisonment for any term
not exceeding 3 years, and, if a male under the age of 16 years, with
or without whipping,
21.-(1) Every person who unlawful and maliciously cuts,
breaks, barks, roots up, or otherwise destorys or damages the whole
or any part of any tree,sapling,or shrub,or any underwood, where-
soever the same may be growing, the injury done being to the
amount of 25 cents at the least, shall, on conviction thereof before a
Magistrate, be liable to imprisonment for any term not exceeding 3
months, or to a fine, over and above the amount of the injury done,
not exceeding 25 dollars.
(2) Every person who,having been convicted of any such
offence, either against this or any former enactment,afterwards
commits any offence under the section ,and is convicted thereof in
like manner, shall for such second offence be liable to imprisonment
for any term not exceeding 6 months.
(3) Every person who, having been twice convicted of any such
offence afterwards commits any offence under this section shall be
guilty of a misdemeanor, and shall be Iiable to imprisonment for any
term not exceeding 2 years, and, if a male under the age of 16 years,
with or without whipping.
22.-(1) Every person who unlawfully and maliciously destroys,
or damages with intent to destroy, any plant, root, fruit, or
vegetable production growing in any garden, orchard, nursery
ground, hot-house,greenhouse, or conservatory, shall, on conviction
thereof before a Magistrate, be liable to imprisonment for any term
not exceeding 6 months, or to a fine, over and above the amount of
the injury done, not exceeding 100 dollars.
(2) Every person who, having been convicted of any such
offence, either against this or any former enactment, afterwards
commis any of the said offences in this section before mentioned
shall be guilty of felony,and shall be liable to imprisonment for any
term not exceeding 3 years,and,if a male under the age of 16
years,with or without 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 or man or breast,or for medicine,or for distilling,or for
dyeing,or for or in the course of any manufacture,and growing in
any land,open or enclosed,not being a garden,orchard,or nursery
ground,shall,on conviction thereof before a Magistrate,be liable
to imprisonment for any term not exceeding one month,or to a fine,
over and above the amount of the imjury done,not exceeding
5 dollars,and in default of payment thereof,together with the
costs,if ordered,shall be dealt with as the law relating to the
jurisdiction of Magistrate provides.
(2)Every person who,having been convicted of any such
offence,either against this or any former enactment,afterwards
commits an offence under this section,and is convicted thereof in
like manner,shall be liable to imprisonment for any term not
exceeding 6 months.
Injuries to fences.
24.-(1)Every person who unlawfully and maliciously cuts,
breaks,throws down,or in anywise destroys any fence or paling
of any description whatsoever,or any wall,stile,or gate,or any part
thereof respectovely,shall,on conviction thereof before a
Magistrate,be liable for the first offence to a fine,over and above the
amount of the injury done,not exceeding 25 dollars.
(2)Every person who,having been convicted of any such
offence,either against this or the former enactment,afterwards
commits any offence under this section,and is convicted thereof in
like manner,shall be liable to imprisonment for any term not
exceeding 6 months.
Injuries to sea and river banks,etc.
25.Every person who unlawfully and maliciously- (1)breaks down,or cuts down,or otherwise damages or des-
troys any sea-bank or sea-wall,or the bank,dam,or wall of or
belonging to any river,creek,drain,reservoir,pool,or marsh,m
whereby any land or building is or is in danger of being overflowed
or damaged;or
(2)throws,breaks,or cuts down,levels,underminers,or other-
wise destroys any quay,wharf,jetty,lock,sluice,floodgate,weir,
tunnel,drain,watercourse,or other work belonging to nay port,
harbour,dock,or reservoir,or on or belonging to any navigable
creek,
shall be guilty of felony,and shall be liable to imprisonment for
life,and,if a male under the age of 16 years,with or without
whipping.
26.Every person who unlawfully and maliciously-
(1)cuts off,draws up,or removes any piles or other material
fixed in the ground,and used for securing any sea-bank or sea-wall
or the bank,dam,or wall of any river,creek,trench,drain,
aqueduct,marsh,reservoir,pool,port,harbour,dock,quay,wharf,
jetty,or lock;or
(2)opens or draws up any floodgate or sluice,or does any other
injury or mischief to any river or creek or to any drain,trench,or
canal,with intent and so as thereby to obstruct or prevent the
carrying on,completing,or maintaining the navigation or drainage
thereof,
shall be guilty of felony,and shall be liable to imprisonment for
any term not exceeding 7 years,and,if a male under the age of
16 years,with or without whipping.
Injuries to bridges,viaducts,railways,etc.
27.Every person who unlawfully and maliciously pulls or throws
of water or not)or any viaduct or aqueduct,over or under which
bridge,viaduct,or aqueduct any highway or canal passes,or does
any injury with intent and so as thereby to render such bridge,
viaduct,or aqueduct,or the highway or canal passing over or under
the same,or any part thereof,dangerous or impassable ,shall be
guilty of felony,and shall be liable to imprisonment for life,and,
if a male under the age of 16 years,with or without whipping. 27a.-(1)Every person who unlawfully and maliciously puts,
places,casts,or throws upon or cross any railway any wood,stone,
or other matter or thing,or who unlawfully and maliciously takes
up,moves,or displaces any rail,sleeper or other matter or thing
belonging to any railway,or who unlawfully and maliciously
turns,moves,or diverts any points,signalling apparatus,or other
machinery belonging to nay railway,or who unlawfully and
maliciously makes or shows,hides or removes,any signal or light
upon or near to any shows,hides or removes,any signal or night
does or causes to be done any other matter or thing,with intent,
in any of the cases aforesaid,to obstruct,upset,overthrow,injure,
or destroy any engine,tender,carriage,or truch using such railway,
shall be guilty of felony,and shall be liable to imprisonment for
life,and,if a male under the age of 16 years,with or without
whipping.
(2)Every person who by any unlawful act,or by any wilful
omission or neglect,obstructs or causes to be obstructed any engine,
carriage,car,or truck using nay railway,or who aids or assists
therein,shall be guilty of a misdemeanor,and shall be liable to
imprisonment for any term not exceeding 2 years.
(3)For the purposes of this section 'railway' shall include
'tramway'.
Injuries to telegraphs.
28.Every person who unlawfully and maliciously-
(1)cuts,breaks,throws down,destroys,injures,or removes any
battery,machinery,wire,cable,post,or other matter or thing
whatsoever,being part of or being used or employed in or about
any electric or magnetic telegraph or in the working thereof;or
(2)prevents or obstructs in any manner whatsoever the sending,
conveyance,or delivery of any communication by any such
telegraph,
shall be guilty of a misdemeanor,and shall be liable to imprison-
ment for any term not exceeding 2 years:Provided that if it
appears to a Magistrate,on the examination of any person chargeed
with any offence against this section,that it is not expedient to the
ends of justice that the same should be prosecuted by indictment, the Magistrate may proceed summarily to hear and determine the
same,and the offender shall be liable to imprisonment for any
term not exceeding 3 months,or to a fine not exceeding 50 dollars.
29.Every person who unlawfully and maliciously by any overt
act attempts to commit any of the offences mentioned in the last
section shall,on conviction thereof before a Magistrate,be liable to
imprisonment for any term not exceeding 3 months,or to a fine not
exceeding 50 dollars.
Injuries to works of art.
30.Every person who unlawfully and maliciously destroys or
damages-
(1)any book,manuscript,picture,print,statue,bust,or vase,
or any other article or thing kept for the purposes of art,science,
or literature,or as an object of curiosity,in any museum,gallery,
cabinet,library,or other repository,which museum,gallery,
cabinet,library,or other repository is either at all times or from
time to time open for the admiision of the public or of any consider-
able number of persons to view the same,either by the permission of
the proprietor thereof or by the payment of the money before entering
the same;or
(2)any picture,statue,monument,or other memorial of the
dead,painted glass or other ornament or work of art,in any
church,chapel,meeting house,or other place of divine worship,
or in any building belonging to His Majesty,or to the Colony,or
to any college,or in any street,square,churchyard,burial ground,
public garden or ground;or
(3)any statue or monument exposed to public view or any
ornament,railway,or fence surrounding such statue or monument,
shall be guilty of a misdemeanor,and shall be liable to imprison-
ment for any term not exceeding 6 months,and,if a male under
the age of 16 years,with or without whipping:Provided that
nothing in this seciton shall be deemed to affect the right og 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 shall be liable
to imprisonment for any term not exceeding 14 years.
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 ordinary kept in a state of confinement or for
any domestic purpose, shall, on conviction thereof before a Magis-
trate, be liable to imprisonment for any term not exceedIng 6
months,or to a fine, over and above the amount of the injury done,
not exceeding 100 dollars.
(12) Every person who, having been. convicted of ally such orfenee,
afterwards commits any offerice iinder s(,ctic,,71 ETAI be guilty
of a misdemeanor and shall be liable to imprisonment for any
term not exceeding 12 months.
Injuries in ships.
33. Every person who unlawfully and maliciously sets fire to,
casts away, or in anywise destroys any ship or vessel, whether the
same is complete or in an unfinished state, shall be guilty of felony,
and shall be liable to imprisonment for life,and, if a male under
the age of 16 years, with or without whipping.
34. Every person who unlawfully and maliciously sets fire to,
casts away, or in anywise destroys any ship or vessel, with intent
thereby to prejudice any owner or part owner or such ship or vessel
or of any goods on board the same, or any penson who has under-
written any policy of insurance upon such ship or vessel, or upon
the freight thereof,or upon any goods on board the same, shall be
guilty of felolly,and shall be liable to imprisonment for life, and,
if a male under the age of 16 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 shall be liable to imprisonment
for any term not exceeding 14 years, and, if a male under the age
of 16 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 destory or
damage any ship or vessel or any machinery, working tools, goods,
or chattels, shall, whether or not any explosion takes place and
whether or not any injury is effected, be guilty of felony, and shall be
liable to imprisonment for any term not exceeding 14 years, and, if
a male under the age of 16 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 shall be liable to imprisonment for
any term not exceeding 7 years, and, if a male under the age of
16 years,with or without whipping.
38.Every person who-
(1) unlawfully masks, aters, or removes any light or signal or
unlawfully exhibits any false light or signal, whh intent to bring
any ship, vessel,or boat into danger ; or
(2)unlawfully and maliciously does anything tendering to the
immediate loss or destruction of any ship, vessel, or boat, and for
which no punishment is hereinbefore provided,
shall be guilty of felony, and shall be liable to imprisonment for
life, and, if a male under the age of 16 years, with or without
whipping.
39. Every penmi who unlawfully and maliciously--
(1) cuts away, casts adrife removes, alters, defaces, sinks, or
destroys; or
(2) does any act, with intent to cut way, cast adrift, remove,
alter, deface, sink, or destroy; or
(3) in any other manner injures or conceals,
any boat, buoy, buoy rope,beacon,perch,or mark used or intended
for the guidance of seamen or the purpose of navigation shall be
guilty of felony, and shall be liable to imprisonment for any term
not exceeding 7 years, and, if a male under the age of 16 years,
with or without whipping.
40. Every person who unlawfully and maliciously destroys any
part of any ship or vessel which is in distres, or wrecked,stranded,
or cast on shore, or any goods,merchandise,or articles of any kind
belonging to such ship or vessel,shall be guilty of felony,and shall
be liable to imprisonment for any term not exceeding 14 years.
Sending letters threatening to burn or destroy houses, etc.
41. Every person who sends, delivers, or utters, or directly or
indirectly causes, to be received, knowing the contents thereof, any
letter or writing threatening to burn or destroy any house, barn, or
other building, or any rick or stack of rice, hay,straw, or other
agricultural produce, or any grain,rice,hay,straw,or other
agrocultural produce,in or under any building,or any ship or 111) or
vessel, or to kill, maim, or wound any cattle, shall be guilty of
felony, and shall be liable to imprisonment for any term not
exceeding 10 years,and, if a male under the age of 16 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
whatsonver, either ot a public or private nature,for which no
punishment is hereinbefore provided,the damage,injury,or spoil
being to an amount exceeding 25 dollars,shall be guilty of a
misdemeanor, and shall be liable to imprisonment for any term
not exceeding 2 years;and,in case such offence is committed
between 9 p.m. and 6 a.m., shall be liable to imprisonment for
any term not exceeding 5 years.
48.-(1) Every person who wilfully or maliciously comits any
damage, injury, or spoil to or upon any real or personal property
whatsoever, either of a public or private nature, For which no
punishment is hereinbefore provided ,the damage,injury,or spoil
before to an amount exceeding 25 dollars,shall be guilty of a
misdemeanor,and shall be liable to imprisonment for any term
not exceeding 2 years;and,in case such offence is committed
between 9 p.m. and 6 a.m., shall be liable to imprisonment for
any term not exceeding 5 years.
also to pay such further sum of money as may appear to the
Magistrate to be a reasonable compensation for the damage, jury,
or spoil so committed, not exceeding the sum of 25 dollars, which
last-mentioned sum shall, in the case of private property, be paid
to the party aggrieved, and in the cases of property of a public
nature, or wherein any public right is concerned, shall be paid to
the Treasury.
(2) If such sums of money, together with costs (if ordered) are
not paid either immediately after the conviction or within such
period as the Magistrate may at the time of the conviction appoint,
the Magistrate may deal with the offender according to the law
relating to summary conviction:Provided that nothing herein
contained shall extend to any case where the party acted under a
fair and reasonable supposition that he had a right to do the act
complained of.
44. The provisions of the last 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 therrefor.
45. Every person who makes, or manufactures, or knowingly
has in his possession any gunpowder or other explosive substance,
or any dangerous or noxious thing, or any machine, engine, instru-
ment, or thing,with intent therby or by means thereof to commit,
or for the purpose of enabling any other person to commit,any of
the felonies mentioned in this Ordinance,shall be guilty of a
misdemeanor,and shall be liable to imprisonment for any term not
exceeding 2 years,and, if a male under the age of 16 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 suspected to be made, kept, or carried for the purpose of being
used in committing any of the felonies mentioned in this Ordinance,
a Magistrate may,on reasonable cause assignes upon oath by any
person, issue a warrant for searching in the daytime any house,
mill,magazine,godown,storehouse,warehouse,shop,cellar,yard,
wharf,or other place,or any carriage,wagon,cart,ship,boat,or
vessel,in which the same is suspected to be made,kept,or carried
for such purpose as hereinbefore mentioned.
(2)Every person acting in the execution of any such warrant
shall have, for seizing,removing to proper places,and detaining
all such gunpowder,or explosive,dangerous,or noxious substances,
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 committing any such offence ,and the
barrels,packages,cases,and other receptacles in which the same
may be,the same powers and protections which are given by any
Ordinance relating to gunpowder.
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 punishale in the same manner as the
orincipal in the first degree is by this Ordinance punishable.
(2)Every accessory after the fact to any felony punishable under
this Ordinance shall be liable to imprisonment for any term not
exceeding 2 years.
(3)Every person who aids,abets,counsels,or procures the com-
mission of any misdemeanor punishable under this Ordinance shall
be liable to be proceeded against,indicted ,and punished as a
principal offender.
48.Any constable may take into custody,without a warrant,
any person whom he may find lying or loitering in any highway,
yard,or other place during the night,and whom he may have good
cause to sespect of having committed or being about to commit any
felony against this Ordinance,and shall take such person as soon
as reasonably may be before a Magistrate,to be dealt with accord-
ing 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 herinbefore so
applied shall apply to every person who,with intent to injure or
defraud any other person,does any of the acts hereinbefore made
penal,although the offender may be in possession of the property
against or in respect of which such act is done.
51.-(1)In any indictment for any offence against this Ordin-
ance,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 may be,without alleging
an intent to injure or defraud any particular person.
(2)On 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 officer of police,or by the owner of the property
injured or his servant,or by any person authorised by him,and
forthwith taken before a Magistrate,to be dealt with according to
law.
53.Every person who aids,abets,counsels,or procures the com-
mission 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 Magistrate,be liable,for every first,second,
on subsequent offence of aiding,abetting,counselling,or procuring,
to the same forfeiture and punishment to which a person guilty of
a first,second,or subsequent offence as a principal offender is by
this Ordinance made liable.
54.Every sum of money which is ordered to be paid in respect
of any injury done shall be assessed in each case by the convicting
Magistrate,and shall be paid to the pary aggrieved,except where
he is unknown,and in that case such sum shall be applied in the
same manner as a penalty,Provided that where several persons
join in the commission of the same equivalent to the amount
of the injury done,no further sum shall be paid to the party
aggrieved than such value ir amount;and the remaining sums
ordered to be paid shall be applied in the same manner as a penalty.
55.In every case of a summary conviction under this Ordinance,
where the sum which is ordered to be paid in respect of the
injury done,or which is imposed as a penalty by the Magistrate,
is not paid,either immediately after the conviction or within such
period as the Magistrate may at the time of the conviction appoint,
the convicting Magistrate (unless where otherwise specially
directed)may sentence the offender to imprisonment under and in
accordance with the provisions of any Ordinance relating to the
jurisdiction of Magistrates and the practice and procedure before
them in respect of offences punishable on summary conviction.
56.Where any person is summarily convicted before a Magis-
trate of any offence against this Ordinance,and it is a first
conviction,the Magistrate may discharge the offender from his
conviction on his making such satisfaction to the party aggrieved
for damages and costs,or either of them,as may be ascertained by
the Magistrate.
57.When any person convicted of any offence punishable on
summary conviction by virtue of this Ordinance has paid the sum
ordered to be paid,together with costs,under such conviction,or
has recieved a remission thereof from the Crown or from the
Governor,or has suffered the imprisonment awarded for non-pay-
ment thereof or the imprisonment awarded in the first instance,
or has been so discharged from his conviction by any Magistrateas
as aforesaid,he shall be released from all further or other proceed-
ings for the same cause.
[ss.58,rep.by No. 31 of 1911;ss.59,60, rep. by No.30
of 1911.]
61.-(1)Whenever any person is convicted of any indictable
misdemeanor punishable under this Ordinance,the Court may,in
addition to or in liey of any of the punishments auhtorised by this
Ordinance,fine the offender,and require him to enter into his own
recognizances and to fine sureties,both or either,for keeping the
peace and being of good behaviour.
(2)In the case of any felony punshable under this Ordinance,
the Court may require the offender to enter into his own recogniz-
ances and to find sureties,both or either,for keeping the peace,in
addition to any punishment authorised by this Ordinance:Provided
that no person shall be imprisoned under this section for not find-
ing sureties for any period exceeding one year.
[s.62,rep.No.50 of 1911.]
Short title. [24 & 25 Vict.c. 97.]
Setting fire to church, etc. [ib.s.1.][cf. No. 3 of 1903.]
Setting fire to house a person being therein. [ib.s.2.][cf. No. 3 of 1903.] Setting fire to house, etc. [24 & 25 Vict.c.97 s. 3.][cf. No. 3 of 1903.] Setting fire to engine-house, etc. [ib.s.4.][cf. No. 3 of 1903.] Setting fire to public building. [ib.s.5.][cf. No. 3 of 1903.] Setting fire to building not specified [ib.s.6.][cf. No.3 of 1903.] Setting fire to goods in any building, the setting fire to which is felony. [ib.s.7.][cf. No. 3 of 1903.] Attempt to set fire to building, etc. [ib.s.8.] [cf. No. 3 of 1903.] Destroying dwelling house with explosive a person being therein. [24 & 25 Vict.c.97 s.9.][cf. No. 3 of 1903.] Attempt to destroy building, etc., with explosive. [ib.s.10.][cf. No. 3 of 1903.] 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. [ib.s.15.] [cf. No. 3 of 1903.] Setting fire to field of grass, etc. [24 & 25 Vict.c.97 s. 16.] [cf. No. 3 of 1903.] Setting fire to heap of corn, etc. [ib.s.17.][cf. No. 3 of 1903.] Attempt to set fire to crop, etc. [ib.s.18.] [cf. No. 3 of 1903.] Destroying tree, etc., to amount of more than $5, growing in pleasure ground. [ib.s.20.][cf. No. 3 of 1903.] Destroying tree, etc., to amount of more than & 25, growing elsewhere than in pleasure ground [24 & 25 Vict.c. 97 s. 21.] [cf. No. 3 of 1903.] Destroying tree, etc., to amount of 25 cents, wheresoever growing. [ib.s.22.] [cf. No. 3 of 1903.] Destroying plant, etc., growing in garden, etc. [ib. s. 23.] [cf. No. 3 of 1903.] Destroying cultivated plant, etc., not growing in garden, etc. [24 & 25 Vict.c. 97 s. 24.] Destroying, etc., fence, etc. [ib.s.25.] Destroying sea-bank, etc. [ib.s.30.] [cf. No. 3 of 1903.] Removing pile of sea-bank, etc. [24 & 25 Vict.c. 97 s. 31.] [cf. No. 3 of 1903.] Injury to bridge, etc. [ib.s.33.] [cf. No. 3 of 1903.] Injuries to railways and railway carriages. [24 & 25 Vict.c.97 s. 35.] [cf. No. 3 of 1903.] Obstructing engines or carriages on railways. [ib.s.36.] Meaning of 'railway'. 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 public place. [ib.s.39.] [cf. No. 3 of 1903.] Killing or wounding cattle. [24 & 25 Vict.c.97 s. 40.] [cf. No. 3 of 1903.] Killing or wounding animal, not being cattle. [ib.s.41.] [cf. No. 3 of 1903.] Setting fire to ship. [ib.s.42.] [cf. No. 3 of 1903.] Setting fire to ship with intent to prejudice owner or underwriter. [ib.s.43.][cf. No. 3 of 1903.] Attempt to set fire to ship. [ib.s.44.] [cf. No. 3 of 1903.] Placing explosive substance near ship with intent to damage it. [24 & 25 Vict.c. 97 s. 45.] [cf. No. 3 of 1903.] Damaging ship otherwise than by fire. [ib.s.46.] [cf. No 3 of 1903.] Exhibiting false signal, with intent to bring ship into danger. [ib.s.47.][cf. No. 3 of 1903. ] Destroying, etc., buoy or other sea mark. [ib.s.48.][cf. No. 3 of 1903.] Destroying wreck or any article belonging thereto. [24 & 25 Vict.c. 97 s.49.] Sending letter threatening to burn or destroy house, etc. [ib.s.50.][cf. No. 3 of 1903.] Injuries not before provided for exceeding amount of $25. [ib.s.51.] Summary conviction in case of malicious injury. [ib.s.52.] Extension of s. 43 to tree, etc. [24 & 25 Vict.c.97 s. 53.] Making or having explosive substance, etc., with intent to commit felony. [ib.s.54.][cf. No. 3 of 1903.] Warrant for searching house, etc., for such explosive. [ib. s. 55.][cf. No. 14 of 1901.] Punishment of principals in second degree, accessories, and abettors. [24 & 25 Vict.c.97 s. 56.] Apprehension of person loitering at night, etc. [ib.s.57.] Malice against owner of property unnecessary. [ib.s.58.] Persons in possession of property injured. [24 & 25 Vict.c.97 s. 59.] Intent to injure particular person need not be alleged. [ib.s.60.] Apprehension of person in act of committing offence. [ib.s.61.] Abettors in offences punishable on summary conviction. [ib.s.63.] Application of forfeiture or penalty on summary conviction. [ib.s.64.] Committal to prison in default of payment of forfeiture or penalty. [24 & 25 Vict.c.97 s. 65.] Power for Magistrate to discharge first offender [ib.s.66.] Summary conviction to bar any other proceeding for the same cause. [ib.s.67.] Fine and sureties for keeping the peace.
[24 & 25 Vict.c. 97 s. 73.]
To consolidate and amend the Laws relating to Malicious Injuries
to Property. [14th June,1865.]
1. The Malicious Damage Ordinance, 1865.
Injuries by fire to buildings and goods therein.
2. Every person who unlawfully and maliciously sets fire to any
church, chapel, meeting house, or other place of divine worship
shall be guilty of felony, and shall be liabIe to imprisonment for life,
and, if a male under the age of 16 years, with or without whipping.
3. Every person who unlawfully and maliciously sets fire to any
dwelling house, any person being therein, shall be guilty of felon
and shall be liable to imprisonment for life, and, if a male under the
age of 16 years, with or without whipping.
4.Every person who unlawfully and maliciously sets fire to any
house,stable,coach-house,outhouse,warehouse,godown,office,
shop,store,mill,store house,granary,hovel,shed,or fold,or to
any farm building,or to any building or erection used in farming
land or in carrying on any trade or manufacture or any branch
thereof,whether the same is then in the possession of the offender
or in the possession of any other person,with intent thereby to
injure or defraud any person,shall be guilty of felony,and shall
be liable to imprisonment for life,and,if a male under the age of
16 years,with or without whipping.
5.Every person who unlawfully and maliciously sets fire to nay
engine-house,warehouse,or other building belonging or appertain-
ing to any port,dock,or harbour shall be guilty of felony,and shall
be liable to imprisonment for life,and,if a male under the age of
16 years,with or without whipping.
6.Every person who unlawfully and maliciously sets fire to any
building,other than such as are in this Ordinance before mentioned,
belonging to the King or to the Colony,or devoted or delicated
to public use or ornament,or erected or maintained by public
subscription ot contribution,shall be guilty of felony,and shall
be liable to imprisonment for life,and,if a male under the age
of 16 years,with or without whipping.
7.Every person who unlawfully and maliciously sets fire to any
building other than such as are in this Ordinance before mentioned
shall be guilty of felony,and shall be l iable t imprisonment for any
term not exceeding 14 years,and,if a male under the age of 16
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 weere thereby set fire to ,the
offence would amount to felony,shall be guilty of felony,and shall
be liable to imprisonment for any term not exceeding 14 years,and
if a male under the age of 16 years,with or without whipping.
9.Every person who unlawfully and maliciously by any overt
act attempts to set fore to any building or to any matter or thing
mentioned in the last section,under such circumstances that,if the
same were thereby set fire to, the offender would be guiIty of felony,
shall be guilty of felony, and shall be liable to imprisonment for any
term not exceeding 14 years, and, if a male under the age of 16
years, with or without whipping.
Injuries by explosive substances to buildings and goods therein.
10. Every person who unlawfully and maliciously, by the explo-
sion of gunpowder or other explosive substance,destroys, throws
down, or damages the whole or any part of any dwelling house,
any person being therein, or of any building whereby the life of
any person is endangered,shall be guilty of felony,and shall be
liable to imprisonment for life,and,if a male under the age of
16 years,with or without whipping.
11. Every person who unlawfully and maliciously places or
throws in, into, upon, under, against, or near any building any
gunpowder or other explosive substance,with intent to destroy or
damage any building or any engine, machinery, working tools,
fixtures, goods, or chattels, shall, whether or not any, explosion
takes place and whether or not any damage is caused, be guilty of
felony and shall be liable to imprisonment for any term not exceed-
ing 14 years, and, if a male under the age of 16 years, with or
without whipping.
Injuries to buildings by rioters,etc.
12, If any persons, riotously and tumultuously assembled toge-
ther to the disturbance of the public peace, unlawfully and with
force demolish, pull down, or destroy, or begin to demolish, pull
down, or destroy,-
(1) any church, chapel, meeting house, or other place of divine
worship; or
(2) any house, stable, coach-house, outhouse, warehouse. go-
down, 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
mentioned, belonging to the King or to the Colony, or devoted or
dedicated to pubdic use or ornament, or erected or maintained by
public subscription or contribution ; or
(4) any machinery, whether fixed or movable, prepared for or
employed in the business of an or in any branch
thereof,
every such offender shall be guilty of felony, and shall be liable to
imprisonment for life.
13. If any person,riotously and tumultuously assembled toge-
ther 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 section, every such offender shall be guilty of a misde-
meanor, and shall be liable to imprisonment for any term not
exceeding 7 years: Provided that if, on the trial of any person for
any felony mentioned in the last section,the jury are not satisfied
that such person is guilty thereof, but are satisfied that he is guilty
of any offence mentioned in this section, then the jury may find
him guilty thereof,and he may be punished accordingly.
Injuries to buildings by tenants.
14.Every person who, being possessed of any dwelling house or
other building or part of any dwelling house. or other building, held
for any term of years, or other less term, or at will, or held over
affer the termination of any tenancy,unlawful and maliciously-
(1) pulls down or demolishes, or begins to pull down or demolish,
the same or any part thereof ; or
(2) pulls down or severs from the freehold any fixture being fixed
in or to such dwelling house or building or part of such dwelling
house or building,
shall be guilty of a misdemeanor, and shall be liable to imprison-
ment for any term not, exceeding 18 months.
Injuries 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 whatsoever, shall be guilty of felony,
and shall be liable to imprisonment for any term not exceeding 7
years, and, if a male under the age of 16 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, 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,whatever the same may be growing
shall be guilty of felony, and shall be liable to imprisonment for any
term not exceeding 14 years, and, if a male under the age of 16
years, with or without whipping.
17. Every person who unlawfully and ,aliciously sets fire to any
heap or stack of corn, rice, grain, pulse, tares, hay,straw,or of any
cultivated vegetable produce, or to any heap or stack of coals or
wood, or to any other substance used for fuel, shall be guilty of
felony, and shall be liable to imprisonment for life, and, if a male
under the age of 16 years,with or without whipping.
18. Every person who unlawfully and maliciously by any overt
act attempts to set fire to any such inaticr or thing as is mentioned
in either of the last two sections, under such circumstances that, if
the same were thereby set fire to, tlic, offender under either
of such sections, be guilty of felony, shall be guilty of felony, and,
shall be liable to for any term not exceeding 7 years,
and, if a male under the age of 16 years, with or without whipping.
19. Every person who unlawfully and maliciously cuts,breaks,
barks, roots up, or otherwise destroys or damages the whole or any
part of any tree, sapling, or shrub, or any underwood, growing in
any pleasure ground, garden, orchard, or avenue, or in any ground
adjoining or belonging to any dwelling house (in case the amount
of the injury done exceeds the sum of 5 dollars) shall be guilty of
felony, and shall be liable to imprisonment for any term not exceed-
ing 3 years, and, if a male under the age of 16 years, with or
without whipping.
20.Every person who unlawfully and maliciously cuts, breaks,
barks, roots up, or otherwise destroys or damages the whole or any
part of any tree, sapling, or shrub, or any underwood, growing
elsewhere than in any pleasure ground, garden, orchard, or avenue,
or in any ground adjoining or belonging to any dwelling house (in
case the amount of injury done exceeds the sum of 25 dollars) shall
be guilty of felony, and shall be liable to imprisonment for any term
not exceeding 3 years, and, if a male under the age of 16 years, with
or without whipping,
21.-(1) Every person who unlawful and maliciously cuts,
breaks, barks, roots up, or otherwise destorys or damages the whole
or any part of any tree,sapling,or shrub,or any underwood, where-
soever the same may be growing, the injury done being to the
amount of 25 cents at the least, shall, on conviction thereof before a
Magistrate, be liable to imprisonment for any term not exceeding 3
months, or to a fine, over and above the amount of the injury done,
not exceeding 25 dollars.
(2) Every person who,having been convicted of any such
offence, either against this or any former enactment,afterwards
commits any offence under the section ,and is convicted thereof in
like manner, shall for such second offence be liable to imprisonment
for any term not exceeding 6 months.
(3) Every person who, having been twice convicted of any such
offence afterwards commits any offence under this section shall be
guilty of a misdemeanor, and shall be Iiable to imprisonment for any
term not exceeding 2 years, and, if a male under the age of 16 years,
with or without whipping.
22.-(1) Every person who unlawfully and maliciously destroys,
or damages with intent to destroy, any plant, root, fruit, or
vegetable production growing in any garden, orchard, nursery
ground, hot-house,greenhouse, or conservatory, shall, on conviction
thereof before a Magistrate, be liable to imprisonment for any term
not exceeding 6 months, or to a fine, over and above the amount of
the injury done, not exceeding 100 dollars.
(2) Every person who, having been convicted of any such
offence, either against this or any former enactment, afterwards
commis any of the said offences in this section before mentioned
shall be guilty of felony,and shall be liable to imprisonment for any
term not exceeding 3 years,and,if a male under the age of 16
years,with or without 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 or man or breast,or for medicine,or for distilling,or for
dyeing,or for or in the course of any manufacture,and growing in
any land,open or enclosed,not being a garden,orchard,or nursery
ground,shall,on conviction thereof before a Magistrate,be liable
to imprisonment for any term not exceeding one month,or to a fine,
over and above the amount of the imjury done,not exceeding
5 dollars,and in default of payment thereof,together with the
costs,if ordered,shall be dealt with as the law relating to the
jurisdiction of Magistrate provides.
(2)Every person who,having been convicted of any such
offence,either against this or any former enactment,afterwards
commits an offence under this section,and is convicted thereof in
like manner,shall be liable to imprisonment for any term not
exceeding 6 months.
Injuries to fences.
24.-(1)Every person who unlawfully and maliciously cuts,
breaks,throws down,or in anywise destroys any fence or paling
of any description whatsoever,or any wall,stile,or gate,or any part
thereof respectovely,shall,on conviction thereof before a
Magistrate,be liable for the first offence to a fine,over and above the
amount of the injury done,not exceeding 25 dollars.
(2)Every person who,having been convicted of any such
offence,either against this or the former enactment,afterwards
commits any offence under this section,and is convicted thereof in
like manner,shall be liable to imprisonment for any term not
exceeding 6 months.
Injuries to sea and river banks,etc.
25.Every person who unlawfully and maliciously- (1)breaks down,or cuts down,or otherwise damages or des-
troys any sea-bank or sea-wall,or the bank,dam,or wall of or
belonging to any river,creek,drain,reservoir,pool,or marsh,m
whereby any land or building is or is in danger of being overflowed
or damaged;or
(2)throws,breaks,or cuts down,levels,underminers,or other-
wise destroys any quay,wharf,jetty,lock,sluice,floodgate,weir,
tunnel,drain,watercourse,or other work belonging to nay port,
harbour,dock,or reservoir,or on or belonging to any navigable
creek,
shall be guilty of felony,and shall be liable to imprisonment for
life,and,if a male under the age of 16 years,with or without
whipping.
26.Every person who unlawfully and maliciously-
(1)cuts off,draws up,or removes any piles or other material
fixed in the ground,and used for securing any sea-bank or sea-wall
or the bank,dam,or wall of any river,creek,trench,drain,
aqueduct,marsh,reservoir,pool,port,harbour,dock,quay,wharf,
jetty,or lock;or
(2)opens or draws up any floodgate or sluice,or does any other
injury or mischief to any river or creek or to any drain,trench,or
canal,with intent and so as thereby to obstruct or prevent the
carrying on,completing,or maintaining the navigation or drainage
thereof,
shall be guilty of felony,and shall be liable to imprisonment for
any term not exceeding 7 years,and,if a male under the age of
16 years,with or without whipping.
Injuries to bridges,viaducts,railways,etc.
27.Every person who unlawfully and maliciously pulls or throws
of water or not)or any viaduct or aqueduct,over or under which
bridge,viaduct,or aqueduct any highway or canal passes,or does
any injury with intent and so as thereby to render such bridge,
viaduct,or aqueduct,or the highway or canal passing over or under
the same,or any part thereof,dangerous or impassable ,shall be
guilty of felony,and shall be liable to imprisonment for life,and,
if a male under the age of 16 years,with or without whipping. 27a.-(1)Every person who unlawfully and maliciously puts,
places,casts,or throws upon or cross any railway any wood,stone,
or other matter or thing,or who unlawfully and maliciously takes
up,moves,or displaces any rail,sleeper or other matter or thing
belonging to any railway,or who unlawfully and maliciously
turns,moves,or diverts any points,signalling apparatus,or other
machinery belonging to nay railway,or who unlawfully and
maliciously makes or shows,hides or removes,any signal or light
upon or near to any shows,hides or removes,any signal or night
does or causes to be done any other matter or thing,with intent,
in any of the cases aforesaid,to obstruct,upset,overthrow,injure,
or destroy any engine,tender,carriage,or truch using such railway,
shall be guilty of felony,and shall be liable to imprisonment for
life,and,if a male under the age of 16 years,with or without
whipping.
(2)Every person who by any unlawful act,or by any wilful
omission or neglect,obstructs or causes to be obstructed any engine,
carriage,car,or truck using nay railway,or who aids or assists
therein,shall be guilty of a misdemeanor,and shall be liable to
imprisonment for any term not exceeding 2 years.
(3)For the purposes of this section 'railway' shall include
'tramway'.
Injuries to telegraphs.
28.Every person who unlawfully and maliciously-
(1)cuts,breaks,throws down,destroys,injures,or removes any
battery,machinery,wire,cable,post,or other matter or thing
whatsoever,being part of or being used or employed in or about
any electric or magnetic telegraph or in the working thereof;or
(2)prevents or obstructs in any manner whatsoever the sending,
conveyance,or delivery of any communication by any such
telegraph,
shall be guilty of a misdemeanor,and shall be liable to imprison-
ment for any term not exceeding 2 years:Provided that if it
appears to a Magistrate,on the examination of any person chargeed
with any offence against this section,that it is not expedient to the
ends of justice that the same should be prosecuted by indictment, the Magistrate may proceed summarily to hear and determine the
same,and the offender shall be liable to imprisonment for any
term not exceeding 3 months,or to a fine not exceeding 50 dollars.
29.Every person who unlawfully and maliciously by any overt
act attempts to commit any of the offences mentioned in the last
section shall,on conviction thereof before a Magistrate,be liable to
imprisonment for any term not exceeding 3 months,or to a fine not
exceeding 50 dollars.
Injuries to works of art.
30.Every person who unlawfully and maliciously destroys or
damages-
(1)any book,manuscript,picture,print,statue,bust,or vase,
or any other article or thing kept for the purposes of art,science,
or literature,or as an object of curiosity,in any museum,gallery,
cabinet,library,or other repository,which museum,gallery,
cabinet,library,or other repository is either at all times or from
time to time open for the admiision of the public or of any consider-
able number of persons to view the same,either by the permission of
the proprietor thereof or by the payment of the money before entering
the same;or
(2)any picture,statue,monument,or other memorial of the
dead,painted glass or other ornament or work of art,in any
church,chapel,meeting house,or other place of divine worship,
or in any building belonging to His Majesty,or to the Colony,or
to any college,or in any street,square,churchyard,burial ground,
public garden or ground;or
(3)any statue or monument exposed to public view or any
ornament,railway,or fence surrounding such statue or monument,
shall be guilty of a misdemeanor,and shall be liable to imprison-
ment for any term not exceeding 6 months,and,if a male under
the age of 16 years,with or without whipping:Provided that
nothing in this seciton shall be deemed to affect the right og 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 shall be liable
to imprisonment for any term not exceeding 14 years.
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 ordinary kept in a state of confinement or for
any domestic purpose, shall, on conviction thereof before a Magis-
trate, be liable to imprisonment for any term not exceedIng 6
months,or to a fine, over and above the amount of the injury done,
not exceeding 100 dollars.
(12) Every person who, having been. convicted of ally such orfenee,
afterwards commits any offerice iinder s(,ctic,,71 ETAI be guilty
of a misdemeanor and shall be liable to imprisonment for any
term not exceeding 12 months.
Injuries in ships.
33. Every person who unlawfully and maliciously sets fire to,
casts away, or in anywise destroys any ship or vessel, whether the
same is complete or in an unfinished state, shall be guilty of felony,
and shall be liable to imprisonment for life,and, if a male under
the age of 16 years, with or without whipping.
34. Every person who unlawfully and maliciously sets fire to,
casts away, or in anywise destroys any ship or vessel, with intent
thereby to prejudice any owner or part owner or such ship or vessel
or of any goods on board the same, or any penson who has under-
written any policy of insurance upon such ship or vessel, or upon
the freight thereof,or upon any goods on board the same, shall be
guilty of felolly,and shall be liable to imprisonment for life, and,
if a male under the age of 16 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 shall be liable to imprisonment
for any term not exceeding 14 years, and, if a male under the age
of 16 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 destory or
damage any ship or vessel or any machinery, working tools, goods,
or chattels, shall, whether or not any explosion takes place and
whether or not any injury is effected, be guilty of felony, and shall be
liable to imprisonment for any term not exceeding 14 years, and, if
a male under the age of 16 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 shall be liable to imprisonment for
any term not exceeding 7 years, and, if a male under the age of
16 years,with or without whipping.
38.Every person who-
(1) unlawfully masks, aters, or removes any light or signal or
unlawfully exhibits any false light or signal, whh intent to bring
any ship, vessel,or boat into danger ; or
(2)unlawfully and maliciously does anything tendering to the
immediate loss or destruction of any ship, vessel, or boat, and for
which no punishment is hereinbefore provided,
shall be guilty of felony, and shall be liable to imprisonment for
life, and, if a male under the age of 16 years, with or without
whipping.
39. Every penmi who unlawfully and maliciously--
(1) cuts away, casts adrife removes, alters, defaces, sinks, or
destroys; or
(2) does any act, with intent to cut way, cast adrift, remove,
alter, deface, sink, or destroy; or
(3) in any other manner injures or conceals,
any boat, buoy, buoy rope,beacon,perch,or mark used or intended
for the guidance of seamen or the purpose of navigation shall be
guilty of felony, and shall be liable to imprisonment for any term
not exceeding 7 years, and, if a male under the age of 16 years,
with or without whipping.
40. Every person who unlawfully and maliciously destroys any
part of any ship or vessel which is in distres, or wrecked,stranded,
or cast on shore, or any goods,merchandise,or articles of any kind
belonging to such ship or vessel,shall be guilty of felony,and shall
be liable to imprisonment for any term not exceeding 14 years.
Sending letters threatening to burn or destroy houses, etc.
41. Every person who sends, delivers, or utters, or directly or
indirectly causes, to be received, knowing the contents thereof, any
letter or writing threatening to burn or destroy any house, barn, or
other building, or any rick or stack of rice, hay,straw, or other
agricultural produce, or any grain,rice,hay,straw,or other
agrocultural produce,in or under any building,or any ship or 111) or
vessel, or to kill, maim, or wound any cattle, shall be guilty of
felony, and shall be liable to imprisonment for any term not
exceeding 10 years,and, if a male under the age of 16 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
whatsonver, either ot a public or private nature,for which no
punishment is hereinbefore provided,the damage,injury,or spoil
being to an amount exceeding 25 dollars,shall be guilty of a
misdemeanor, and shall be liable to imprisonment for any term
not exceeding 2 years;and,in case such offence is committed
between 9 p.m. and 6 a.m., shall be liable to imprisonment for
any term not exceeding 5 years.
48.-(1) Every person who wilfully or maliciously comits any
damage, injury, or spoil to or upon any real or personal property
whatsoever, either of a public or private nature, For which no
punishment is hereinbefore provided ,the damage,injury,or spoil
before to an amount exceeding 25 dollars,shall be guilty of a
misdemeanor,and shall be liable to imprisonment for any term
not exceeding 2 years;and,in case such offence is committed
between 9 p.m. and 6 a.m., shall be liable to imprisonment for
any term not exceeding 5 years.
also to pay such further sum of money as may appear to the
Magistrate to be a reasonable compensation for the damage, jury,
or spoil so committed, not exceeding the sum of 25 dollars, which
last-mentioned sum shall, in the case of private property, be paid
to the party aggrieved, and in the cases of property of a public
nature, or wherein any public right is concerned, shall be paid to
the Treasury.
(2) If such sums of money, together with costs (if ordered) are
not paid either immediately after the conviction or within such
period as the Magistrate may at the time of the conviction appoint,
the Magistrate may deal with the offender according to the law
relating to summary conviction:Provided that nothing herein
contained shall extend to any case where the party acted under a
fair and reasonable supposition that he had a right to do the act
complained of.
44. The provisions of the last 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 therrefor.
45. Every person who makes, or manufactures, or knowingly
has in his possession any gunpowder or other explosive substance,
or any dangerous or noxious thing, or any machine, engine, instru-
ment, or thing,with intent therby or by means thereof to commit,
or for the purpose of enabling any other person to commit,any of
the felonies mentioned in this Ordinance,shall be guilty of a
misdemeanor,and shall be liable to imprisonment for any term not
exceeding 2 years,and, if a male under the age of 16 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 suspected to be made, kept, or carried for the purpose of being
used in committing any of the felonies mentioned in this Ordinance,
a Magistrate may,on reasonable cause assignes upon oath by any
person, issue a warrant for searching in the daytime any house,
mill,magazine,godown,storehouse,warehouse,shop,cellar,yard,
wharf,or other place,or any carriage,wagon,cart,ship,boat,or
vessel,in which the same is suspected to be made,kept,or carried
for such purpose as hereinbefore mentioned.
(2)Every person acting in the execution of any such warrant
shall have, for seizing,removing to proper places,and detaining
all such gunpowder,or explosive,dangerous,or noxious substances,
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 committing any such offence ,and the
barrels,packages,cases,and other receptacles in which the same
may be,the same powers and protections which are given by any
Ordinance relating to gunpowder.
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 punishale in the same manner as the
orincipal in the first degree is by this Ordinance punishable.
(2)Every accessory after the fact to any felony punishable under
this Ordinance shall be liable to imprisonment for any term not
exceeding 2 years.
(3)Every person who aids,abets,counsels,or procures the com-
mission of any misdemeanor punishable under this Ordinance shall
be liable to be proceeded against,indicted ,and punished as a
principal offender.
48.Any constable may take into custody,without a warrant,
any person whom he may find lying or loitering in any highway,
yard,or other place during the night,and whom he may have good
cause to sespect of having committed or being about to commit any
felony against this Ordinance,and shall take such person as soon
as reasonably may be before a Magistrate,to be dealt with accord-
ing 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 herinbefore so
applied shall apply to every person who,with intent to injure or
defraud any other person,does any of the acts hereinbefore made
penal,although the offender may be in possession of the property
against or in respect of which such act is done.
51.-(1)In any indictment for any offence against this Ordin-
ance,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 may be,without alleging
an intent to injure or defraud any particular person.
(2)On 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 officer of police,or by the owner of the property
injured or his servant,or by any person authorised by him,and
forthwith taken before a Magistrate,to be dealt with according to
law.
53.Every person who aids,abets,counsels,or procures the com-
mission 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 Magistrate,be liable,for every first,second,
on subsequent offence of aiding,abetting,counselling,or procuring,
to the same forfeiture and punishment to which a person guilty of
a first,second,or subsequent offence as a principal offender is by
this Ordinance made liable.
54.Every sum of money which is ordered to be paid in respect
of any injury done shall be assessed in each case by the convicting
Magistrate,and shall be paid to the pary aggrieved,except where
he is unknown,and in that case such sum shall be applied in the
same manner as a penalty,Provided that where several persons
join in the commission of the same equivalent to the amount
of the injury done,no further sum shall be paid to the party
aggrieved than such value ir amount;and the remaining sums
ordered to be paid shall be applied in the same manner as a penalty.
55.In every case of a summary conviction under this Ordinance,
where the sum which is ordered to be paid in respect of the
injury done,or which is imposed as a penalty by the Magistrate,
is not paid,either immediately after the conviction or within such
period as the Magistrate may at the time of the conviction appoint,
the convicting Magistrate (unless where otherwise specially
directed)may sentence the offender to imprisonment under and in
accordance with the provisions of any Ordinance relating to the
jurisdiction of Magistrates and the practice and procedure before
them in respect of offences punishable on summary conviction.
56.Where any person is summarily convicted before a Magis-
trate of any offence against this Ordinance,and it is a first
conviction,the Magistrate may discharge the offender from his
conviction on his making such satisfaction to the party aggrieved
for damages and costs,or either of them,as may be ascertained by
the Magistrate.
57.When any person convicted of any offence punishable on
summary conviction by virtue of this Ordinance has paid the sum
ordered to be paid,together with costs,under such conviction,or
has recieved a remission thereof from the Crown or from the
Governor,or has suffered the imprisonment awarded for non-pay-
ment thereof or the imprisonment awarded in the first instance,
or has been so discharged from his conviction by any Magistrateas
as aforesaid,he shall be released from all further or other proceed-
ings for the same cause.
[ss.58,rep.by No. 31 of 1911;ss.59,60, rep. by No.30
of 1911.]
61.-(1)Whenever any person is convicted of any indictable
misdemeanor punishable under this Ordinance,the Court may,in
addition to or in liey of any of the punishments auhtorised by this
Ordinance,fine the offender,and require him to enter into his own
recognizances and to fine sureties,both or either,for keeping the
peace and being of good behaviour.
(2)In the case of any felony punshable under this Ordinance,
the Court may require the offender to enter into his own recogniz-
ances and to find sureties,both or either,for keeping the peace,in
addition to any punishment authorised by this Ordinance:Provided
that no person shall be imprisoned under this section for not find-
ing sureties for any period exceeding one year.
[s.62,rep.No.50 of 1911.]
Short title. [24 & 25 Vict.c. 97.]
Setting fire to church, etc. [ib.s.1.][cf. No. 3 of 1903.]
Setting fire to house a person being therein. [ib.s.2.][cf. No. 3 of 1903.] Setting fire to house, etc. [24 & 25 Vict.c.97 s. 3.][cf. No. 3 of 1903.] Setting fire to engine-house, etc. [ib.s.4.][cf. No. 3 of 1903.] Setting fire to public building. [ib.s.5.][cf. No. 3 of 1903.] Setting fire to building not specified [ib.s.6.][cf. No.3 of 1903.] Setting fire to goods in any building, the setting fire to which is felony. [ib.s.7.][cf. No. 3 of 1903.] Attempt to set fire to building, etc. [ib.s.8.] [cf. No. 3 of 1903.] Destroying dwelling house with explosive a person being therein. [24 & 25 Vict.c.97 s.9.][cf. No. 3 of 1903.] Attempt to destroy building, etc., with explosive. [ib.s.10.][cf. No. 3 of 1903.] 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. [ib.s.15.] [cf. No. 3 of 1903.] Setting fire to field of grass, etc. [24 & 25 Vict.c.97 s. 16.] [cf. No. 3 of 1903.] Setting fire to heap of corn, etc. [ib.s.17.][cf. No. 3 of 1903.] Attempt to set fire to crop, etc. [ib.s.18.] [cf. No. 3 of 1903.] Destroying tree, etc., to amount of more than $5, growing in pleasure ground. [ib.s.20.][cf. No. 3 of 1903.] Destroying tree, etc., to amount of more than & 25, growing elsewhere than in pleasure ground [24 & 25 Vict.c. 97 s. 21.] [cf. No. 3 of 1903.] Destroying tree, etc., to amount of 25 cents, wheresoever growing. [ib.s.22.] [cf. No. 3 of 1903.] Destroying plant, etc., growing in garden, etc. [ib. s. 23.] [cf. No. 3 of 1903.] Destroying cultivated plant, etc., not growing in garden, etc. [24 & 25 Vict.c. 97 s. 24.] Destroying, etc., fence, etc. [ib.s.25.] Destroying sea-bank, etc. [ib.s.30.] [cf. No. 3 of 1903.] Removing pile of sea-bank, etc. [24 & 25 Vict.c. 97 s. 31.] [cf. No. 3 of 1903.] Injury to bridge, etc. [ib.s.33.] [cf. No. 3 of 1903.] Injuries to railways and railway carriages. [24 & 25 Vict.c.97 s. 35.] [cf. No. 3 of 1903.] Obstructing engines or carriages on railways. [ib.s.36.] Meaning of 'railway'. 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 public place. [ib.s.39.] [cf. No. 3 of 1903.] Killing or wounding cattle. [24 & 25 Vict.c.97 s. 40.] [cf. No. 3 of 1903.] Killing or wounding animal, not being cattle. [ib.s.41.] [cf. No. 3 of 1903.] Setting fire to ship. [ib.s.42.] [cf. No. 3 of 1903.] Setting fire to ship with intent to prejudice owner or underwriter. [ib.s.43.][cf. No. 3 of 1903.] Attempt to set fire to ship. [ib.s.44.] [cf. No. 3 of 1903.] Placing explosive substance near ship with intent to damage it. [24 & 25 Vict.c. 97 s. 45.] [cf. No. 3 of 1903.] Damaging ship otherwise than by fire. [ib.s.46.] [cf. No 3 of 1903.] Exhibiting false signal, with intent to bring ship into danger. [ib.s.47.][cf. No. 3 of 1903. ] Destroying, etc., buoy or other sea mark. [ib.s.48.][cf. No. 3 of 1903.] Destroying wreck or any article belonging thereto. [24 & 25 Vict.c. 97 s.49.] Sending letter threatening to burn or destroy house, etc. [ib.s.50.][cf. No. 3 of 1903.] Injuries not before provided for exceeding amount of $25. [ib.s.51.] Summary conviction in case of malicious injury. [ib.s.52.] Extension of s. 43 to tree, etc. [24 & 25 Vict.c.97 s. 53.] Making or having explosive substance, etc., with intent to commit felony. [ib.s.54.][cf. No. 3 of 1903.] Warrant for searching house, etc., for such explosive. [ib. s. 55.][cf. No. 14 of 1901.] Punishment of principals in second degree, accessories, and abettors. [24 & 25 Vict.c.97 s. 56.] Apprehension of person loitering at night, etc. [ib.s.57.] Malice against owner of property unnecessary. [ib.s.58.] Persons in possession of property injured. [24 & 25 Vict.c.97 s. 59.] Intent to injure particular person need not be alleged. [ib.s.60.] Apprehension of person in act of committing offence. [ib.s.61.] Abettors in offences punishable on summary conviction. [ib.s.63.] Application of forfeiture or penalty on summary conviction. [ib.s.64.] Committal to prison in default of payment of forfeiture or penalty. [24 & 25 Vict.c.97 s. 65.] Power for Magistrate to discharge first offender [ib.s.66.] Summary conviction to bar any other proceeding for the same cause. [ib.s.67.] Fine and sureties for keeping the peace.
[24 & 25 Vict.c. 97 s. 73.]
Abstract
Short title. [24 & 25 Vict.c. 97.]
Setting fire to church, etc. [ib.s.1.][cf. No. 3 of 1903.]
Setting fire to house a person being therein. [ib.s.2.][cf. No. 3 of 1903.] Setting fire to house, etc. [24 & 25 Vict.c.97 s. 3.][cf. No. 3 of 1903.] Setting fire to engine-house, etc. [ib.s.4.][cf. No. 3 of 1903.] Setting fire to public building. [ib.s.5.][cf. No. 3 of 1903.] Setting fire to building not specified [ib.s.6.][cf. No.3 of 1903.] Setting fire to goods in any building, the setting fire to which is felony. [ib.s.7.][cf. No. 3 of 1903.] Attempt to set fire to building, etc. [ib.s.8.] [cf. No. 3 of 1903.] Destroying dwelling house with explosive a person being therein. [24 & 25 Vict.c.97 s.9.][cf. No. 3 of 1903.] Attempt to destroy building, etc., with explosive. [ib.s.10.][cf. No. 3 of 1903.] 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. [ib.s.15.] [cf. No. 3 of 1903.] Setting fire to field of grass, etc. [24 & 25 Vict.c.97 s. 16.] [cf. No. 3 of 1903.] Setting fire to heap of corn, etc. [ib.s.17.][cf. No. 3 of 1903.] Attempt to set fire to crop, etc. [ib.s.18.] [cf. No. 3 of 1903.] Destroying tree, etc., to amount of more than $5, growing in pleasure ground. [ib.s.20.][cf. No. 3 of 1903.] Destroying tree, etc., to amount of more than & 25, growing elsewhere than in pleasure ground [24 & 25 Vict.c. 97 s. 21.] [cf. No. 3 of 1903.] Destroying tree, etc., to amount of 25 cents, wheresoever growing. [ib.s.22.] [cf. No. 3 of 1903.] Destroying plant, etc., growing in garden, etc. [ib. s. 23.] [cf. No. 3 of 1903.] Destroying cultivated plant, etc., not growing in garden, etc. [24 & 25 Vict.c. 97 s. 24.] Destroying, etc., fence, etc. [ib.s.25.] Destroying sea-bank, etc. [ib.s.30.] [cf. No. 3 of 1903.] Removing pile of sea-bank, etc. [24 & 25 Vict.c. 97 s. 31.] [cf. No. 3 of 1903.] Injury to bridge, etc. [ib.s.33.] [cf. No. 3 of 1903.] Injuries to railways and railway carriages. [24 & 25 Vict.c.97 s. 35.] [cf. No. 3 of 1903.] Obstructing engines or carriages on railways. [ib.s.36.] Meaning of 'railway'. 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 public place. [ib.s.39.] [cf. No. 3 of 1903.] Killing or wounding cattle. [24 & 25 Vict.c.97 s. 40.] [cf. No. 3 of 1903.] Killing or wounding animal, not being cattle. [ib.s.41.] [cf. No. 3 of 1903.] Setting fire to ship. [ib.s.42.] [cf. No. 3 of 1903.] Setting fire to ship with intent to prejudice owner or underwriter. [ib.s.43.][cf. No. 3 of 1903.] Attempt to set fire to ship. [ib.s.44.] [cf. No. 3 of 1903.] Placing explosive substance near ship with intent to damage it. [24 & 25 Vict.c. 97 s. 45.] [cf. No. 3 of 1903.] Damaging ship otherwise than by fire. [ib.s.46.] [cf. No 3 of 1903.] Exhibiting false signal, with intent to bring ship into danger. [ib.s.47.][cf. No. 3 of 1903. ] Destroying, etc., buoy or other sea mark. [ib.s.48.][cf. No. 3 of 1903.] Destroying wreck or any article belonging thereto. [24 & 25 Vict.c. 97 s.49.] Sending letter threatening to burn or destroy house, etc. [ib.s.50.][cf. No. 3 of 1903.] Injuries not before provided for exceeding amount of $25. [ib.s.51.] Summary conviction in case of malicious injury. [ib.s.52.] Extension of s. 43 to tree, etc. [24 & 25 Vict.c.97 s. 53.] Making or having explosive substance, etc., with intent to commit felony. [ib.s.54.][cf. No. 3 of 1903.] Warrant for searching house, etc., for such explosive. [ib. s. 55.][cf. No. 14 of 1901.] Punishment of principals in second degree, accessories, and abettors. [24 & 25 Vict.c.97 s. 56.] Apprehension of person loitering at night, etc. [ib.s.57.] Malice against owner of property unnecessary. [ib.s.58.] Persons in possession of property injured. [24 & 25 Vict.c.97 s. 59.] Intent to injure particular person need not be alleged. [ib.s.60.] Apprehension of person in act of committing offence. [ib.s.61.] Abettors in offences punishable on summary conviction. [ib.s.63.] Application of forfeiture or penalty on summary conviction. [ib.s.64.] Committal to prison in default of payment of forfeiture or penalty. [24 & 25 Vict.c.97 s. 65.] Power for Magistrate to discharge first offender [ib.s.66.] Summary conviction to bar any other proceeding for the same cause. [ib.s.67.] Fine and sureties for keeping the peace.
[24 & 25 Vict.c. 97 s. 73.]
Setting fire to church, etc. [ib.s.1.][cf. No. 3 of 1903.]
Setting fire to house a person being therein. [ib.s.2.][cf. No. 3 of 1903.] Setting fire to house, etc. [24 & 25 Vict.c.97 s. 3.][cf. No. 3 of 1903.] Setting fire to engine-house, etc. [ib.s.4.][cf. No. 3 of 1903.] Setting fire to public building. [ib.s.5.][cf. No. 3 of 1903.] Setting fire to building not specified [ib.s.6.][cf. No.3 of 1903.] Setting fire to goods in any building, the setting fire to which is felony. [ib.s.7.][cf. No. 3 of 1903.] Attempt to set fire to building, etc. [ib.s.8.] [cf. No. 3 of 1903.] Destroying dwelling house with explosive a person being therein. [24 & 25 Vict.c.97 s.9.][cf. No. 3 of 1903.] Attempt to destroy building, etc., with explosive. [ib.s.10.][cf. No. 3 of 1903.] 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. [ib.s.15.] [cf. No. 3 of 1903.] Setting fire to field of grass, etc. [24 & 25 Vict.c.97 s. 16.] [cf. No. 3 of 1903.] Setting fire to heap of corn, etc. [ib.s.17.][cf. No. 3 of 1903.] Attempt to set fire to crop, etc. [ib.s.18.] [cf. No. 3 of 1903.] Destroying tree, etc., to amount of more than $5, growing in pleasure ground. [ib.s.20.][cf. No. 3 of 1903.] Destroying tree, etc., to amount of more than & 25, growing elsewhere than in pleasure ground [24 & 25 Vict.c. 97 s. 21.] [cf. No. 3 of 1903.] Destroying tree, etc., to amount of 25 cents, wheresoever growing. [ib.s.22.] [cf. No. 3 of 1903.] Destroying plant, etc., growing in garden, etc. [ib. s. 23.] [cf. No. 3 of 1903.] Destroying cultivated plant, etc., not growing in garden, etc. [24 & 25 Vict.c. 97 s. 24.] Destroying, etc., fence, etc. [ib.s.25.] Destroying sea-bank, etc. [ib.s.30.] [cf. No. 3 of 1903.] Removing pile of sea-bank, etc. [24 & 25 Vict.c. 97 s. 31.] [cf. No. 3 of 1903.] Injury to bridge, etc. [ib.s.33.] [cf. No. 3 of 1903.] Injuries to railways and railway carriages. [24 & 25 Vict.c.97 s. 35.] [cf. No. 3 of 1903.] Obstructing engines or carriages on railways. [ib.s.36.] Meaning of 'railway'. 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 public place. [ib.s.39.] [cf. No. 3 of 1903.] Killing or wounding cattle. [24 & 25 Vict.c.97 s. 40.] [cf. No. 3 of 1903.] Killing or wounding animal, not being cattle. [ib.s.41.] [cf. No. 3 of 1903.] Setting fire to ship. [ib.s.42.] [cf. No. 3 of 1903.] Setting fire to ship with intent to prejudice owner or underwriter. [ib.s.43.][cf. No. 3 of 1903.] Attempt to set fire to ship. [ib.s.44.] [cf. No. 3 of 1903.] Placing explosive substance near ship with intent to damage it. [24 & 25 Vict.c. 97 s. 45.] [cf. No. 3 of 1903.] Damaging ship otherwise than by fire. [ib.s.46.] [cf. No 3 of 1903.] Exhibiting false signal, with intent to bring ship into danger. [ib.s.47.][cf. No. 3 of 1903. ] Destroying, etc., buoy or other sea mark. [ib.s.48.][cf. No. 3 of 1903.] Destroying wreck or any article belonging thereto. [24 & 25 Vict.c. 97 s.49.] Sending letter threatening to burn or destroy house, etc. [ib.s.50.][cf. No. 3 of 1903.] Injuries not before provided for exceeding amount of $25. [ib.s.51.] Summary conviction in case of malicious injury. [ib.s.52.] Extension of s. 43 to tree, etc. [24 & 25 Vict.c.97 s. 53.] Making or having explosive substance, etc., with intent to commit felony. [ib.s.54.][cf. No. 3 of 1903.] Warrant for searching house, etc., for such explosive. [ib. s. 55.][cf. No. 14 of 1901.] Punishment of principals in second degree, accessories, and abettors. [24 & 25 Vict.c.97 s. 56.] Apprehension of person loitering at night, etc. [ib.s.57.] Malice against owner of property unnecessary. [ib.s.58.] Persons in possession of property injured. [24 & 25 Vict.c.97 s. 59.] Intent to injure particular person need not be alleged. [ib.s.60.] Apprehension of person in act of committing offence. [ib.s.61.] Abettors in offences punishable on summary conviction. [ib.s.63.] Application of forfeiture or penalty on summary conviction. [ib.s.64.] Committal to prison in default of payment of forfeiture or penalty. [24 & 25 Vict.c.97 s. 65.] Power for Magistrate to discharge first offender [ib.s.66.] Summary conviction to bar any other proceeding for the same cause. [ib.s.67.] Fine and sureties for keeping the peace.
[24 & 25 Vict.c. 97 s. 73.]
Identifier
https://oelawhk.lib.hku.hk/items/show/778
Edition
1912
Volume
v1
Subsequent Cap No.
200
Cap / Ordinance No.
No. 6 of 1865
Number of Pages
18
Files
Collection
Historical Laws of Hong Kong Online
Citation
“MALICIOUS DAMAGE ORDINANCE, 1865,” Historical Laws of Hong Kong Online, accessed February 22, 2025, https://oelawhk.lib.hku.hk/items/show/778.
