erection used in conducting the business of any mine, or any bridge, waggon-way, or trunk for conveying minerals from any mine, whether any such thing is completed or unfinished; or

2 stops, obstructs, or hinders the working of any such engine, apparatus, or appliance; or

3

(d.) who wholly or partially cuts through, severs, breaks, unfastens, or damages with intent to destroy or render useless, any rope, chain, or tackle of whatever material used in any mine, or upon any way or work connected therewith or employed in working it;

(e.) 5 who cuts off, draws up, or removes any piles, chalk, 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 other water; or

7

(f) who, with intent and so as thereby to obstruct and prevent the carrying on or completing or maintaining the navigation of any navigable river or canal, opens or draws up any flood-gate or sluice, or does any injury or mischief to such river or canal; or

8

(g.) who cuts through, breaks down, or otherwise destroys the dam, flood-gate, or sluice of any fish-pond, or of any water being private property, or in which there is any private right of fishery, with intent thereby to take or destroy any of the fish therein, or so as thereby to cause the loss or destruction of any of them; or

8

(h.) who puts lime or any other noxious material in any

1 The words "bridge-trunk" are here repeated.

2 The words relating to the intent with which these acts are not to be done follow these words. I think, however, that they are meant to apply to all the words which precede them. If not, the words as to intent at the beginning of the clause do not apply to the paragraph beginning "or pulls down." The sections are very clumsy.

3 24 & 25 Vict. c. 97, s. 29, W.

4"Any inclined plane, railway, or other way or other work whatsoever in anywise belonging or appertaining to or connected with or employed in any mine, or the working or business thereof."

5 24 & 25 Vict. c. 97, s. 31, W.

6 "river, canal, drain, aqueduct, marsh, reservoir, pool, port, harbour, dock, quay, wharf, jetty, or lock."

7 24 & 25 Vict. c. 97, s. 31, W.

8 Ibid. s. 32, W.

such water [1or in any salmon river] with intent to destroy any fish then being or afterwards to be put therein; or

(i) who cuts through, breaks down, or otherwise destroys the dam or flood-gate of any mill-pond, reservoir, or pool; or (j) 2 who damages with intent to destroy or render it useless, any ship or vessel, whether complete or incomplete, by any means other than fire, gunpowder, or other explosive substance; or

(k.) 3 who cuts away, casts adrift, removes, alters, defaces, sinks, or destroys any boat, buoy, buoy rope, perch, or mark used or intended for the guidance of seamen for the purpose of navigation, or who does any act with intent to do any of the things aforesaid, or who in any other manner injures or conceals any of the things aforesaid.

ARTICLE 423.

MALICIOUS MISCHIEF-FIVE YEARS PENAL SERVITUDE.

* Every one commits felony, and is liable upon conviction thereof to five years penal servitude, who unlawfully and maliciously

(a.) cuts, breaks, barks, roots up, or otherwise destroys or damages the whole or any part of any tree, sapling, shrub, or any underwood, if the injury done exceeds the sum of £5, 5 or the sum of £1 if the thing injured grows in any park, pleasure ground, garden, orchard, or avenue, or in any ground adjoining or belonging to any dwelling-house; or

1 These words are added by 36 & 37 Vict. c. 71, s. 13. For definition of "salmon river," see 28 & 29 Vict. c. 121, s. 3, and 24 & 25 Vict. c. 109,

s. 4.

2 24 & 25 Vict. c. 97, s. 46, W.

3 Ibid. s. 48, W.

These sections are thus trees

4 24 & 25 Vict. c. 97, ss. 21, W., 20, W. arranged in the Act (20.): Whoever cuts in any park, &c., if the damage exceeds £1, is guilty of felony, &c. (21.) Whoever cuts. not growing in any park, &c., if the damage done exceeds £5, is guilty of felony, &c. The text is only half as long, and has precisely the same meaning.

trees

5 These sums are exclusive of consequential damage. A did injury to the amount of £1 to a hedge which it would cost £4 14s. 6d. to replace. This is injury to the amount of £1, not to the amount of £5 14s. 6d. : R. v. Whiteman, 1854, D. & P. 353 (upon 7 & 8 Geo. 4, c. 30, s. 19).

1

(b) 1 cuts or injures any electric line or work with intent to cut off any supply of electricity.

ARTICLE 424.

MAKING AND POSSESSING GUNPOWDER FOR CERTAIN PURPOSES.

2 Every one commits a misdemeanor, and is liable upon conviction thereof to two years imprisonment and hard labour, who knowingly has in his possession, or makes or manufactures any gunpowder, explosive substance, dangerous or noxious thing, machine, engine, instrument, or thing with intent thereby or by means thereof, to commit, or for the purpose of enabling any other person to commit any felony mentioned in the 24 & 25 Vict. c. 100, or the 24 & 25 Vict. c. 97.

ARTICLE 425.

SUNDRY MALICIOUS INJURIES TO PROPERTY.

3

Every one who unlawfully and maliciously does any of the following acts is liable to the following punishments respectively, that is to say,

(a.) who being possessed of any 5 building or part of any building as tenant for a term, at will, or on sufferance, or

145 & 46 Vict. c. 56, s. 22. "Electric line" is defined by sect. 32 to mean "a wire or wires conductor or other means used for the purpose of conveying, transmitting, or distributing electricity with any casing, coating, covering, tube, pipe, or insulator inclosing, surrounding, or supporting the same or any part thereof, or any apparatus connected therewith for the purpose of conveying, transmitting, or distributing electricity or electric currents."

"Works means and includes electric lines, also any buildings, machinery, engines, works, matters, or things of whatever description required to supply electricity and to carry into effect the object of the undertakers under this Act."

2 24 & 25 Vict. c. 100, s. 64, W. ; 24 & 25 Vict. c. 97, s. 54, W. The felonies in question are those specified in this chapter, and in chapters xxiv.-xxix., both inclusive, and in Articles 79 and 186.

3 For the punishment of similar offences summarily, see Oke's Synopsis, pp. 420-424. Where offences in this Article are punishable after a previous conviction or previous convictions, the first, or the first and second offences are punishable summarily.

24 & 25 Vict. c. 97, s. 13.

5 "any dwelling-house or other building or part of any dwelling-house or other building.”

held over after the termination of any tenancy, pulls down or demolishes, or begins to pull down or demolish the same or any part thereof, or pulls down or severs from the freehold any fixture being fixed in or to, or being part of such building, is punishable as for a misdemeanor at common law;

(b.) 1 who cuts, breaks, barks, roots up, or otherwise destroys or damages the whole or part of any tree, sapling, or shrub, or any underwood wheresoever growing, to the amount of one shilling at the least; after two convictions of any such offence is guilty of misdemeanor and liable to two years imprisonment with hard labour;

(c.) 2 who destroys or damages with intent to destroy any plant, root, fruit, or vegetable production growing in any garden, orchard, nursery ground, hothouse, greenhouse, or conservatory after one conviction of any such offence is guilty of felony and liable to five years penal servitude;

3

4

(d.) who throws down, levels, or otherwise destroys in whole or in part any turnpike gate or toll-bar, or fence belonging to any turnpike or toll-bar, so set up or erected to prevent passengers from passing by without payment of any toll directed to be paid by any Act of Parliament, or any house, building, or weighing engine erected for the better collection, ascertainment, or security of any such toll; is guilty of a misdemeanor;

(e.) 5 who cuts, breaks, throws down, destroys, injures, or removes anything whatever being part of or used in or about any electric or magnetic telegraph, or in the working thereof, or prevents or obstructs in any manner whatever the sending, conveyance, or delivery of any communication by any such telegraph is guilty of a misdemeanor and liable to imprisonment with hard labour for two years;

1 24 & 25 Vict. c. 97, s. 22, W.

2 Ibid. s. 23, W.

3 Ibid. s. 34.

66

any wall, chain, rail, post, bar, or other fence."

5 24 & 25 Vict. c. 97, s. 37. The committing magistrate may deal summarily with this offence; see Oke's Synopsis, p. 422.

6 "any battery, machinery, wire, cable, post, or other matter or thing whatsoever."

1

(f) who destroys or damages any book, manuscript, 2 work of art, or thing kept for the purposes of art, science or literature, or as an object of curiosity in any 3 repository open at all times or from time to time for the admission of the public, or to any considerable number of persons, whether by the permission of the proprietor, or by the payment of money; or

any picture, statue, monument, or other memorial of the dead, painted glass, or other ornament or work of art in any place of divine worship or 5 public building, or public place, churchyard, or burial ground; or

any statue or monument exposed to public view, or any ornament, railing, or fence surrounding such statue or monument, is guilty of misdemeanor and is liable to imprisonment with hard labour for six months;

(g.) 7 who by any unlawful act, or by any wilful omission or neglect, obstructs or causes to be obstructed any engine or carriage using any railway or aids therein is guilty of a misdemeanor and liable to imprisonment with hard labour for two years;

(h.) 8 who unlawfully and maliciously commits any damage, injury, or spoil to an amount exceeding £5, to, or upon any real or personal property whatsoever, either of a public or private nature, for which no punishment is otherwise provided in this chapter is guilty of a misdemeanor and liable to imprisonment and hard labour for two years, and if the offence is committed between 9 P.M and 5 A.M. five years penal servitude.

1 24 & 25 Vict. c. 97, s. 39, W.

2 Work of art

=

"picture, print, statue, bust, vase, or any other

article or thing kept for the purposes of art."

3 44 'Museum, gallery, cabinet, library, or other depository."

4 See the definition of these words in Note IV.,

p. 364.

5 See the definition of these words in Note V., p. 365, from "belonging to the Queen" to "Inn of Court."

Public place

=

street, square, public garden, or ground.

7 24 & 25 Vict. c. 97, s. 36. Changing a signal so as to cause a train to go slower than it otherwise would is an obstructing : R. v. Hadfield. 1870, 1 C. C. R. 253; so is stretching out the arms as a signal: R. v. Hardy, 1871, 1 C. C. R. 278. A railway not opened for public traffic may be obstructed: R. v. Bradford, 1860, Bell, C. C. 269.

Ibid. s. 51.