CHAPTER THE FIFTY-SECOND. OF DESTROYING AND DAMAGING ARTICLES IN A COURSE of Ma- CHINERY. any THE statute 7 & 8 Geo. 4. c. 30. s. 3. enacts, " that if any person The fourth section enacts, "that if any person shall unlaw"fully and maliciously cut, break, or destroy, or damage, with in"tent to destroy or to render useless, any threshing machine, or "any machine or engine, whether fixed or moveable, prepared for or employed in any manufacture whatever, (except the manu"facture of silk, woollen, linen, or cotton goods, or goods of any "one or more of those materials mixed with each other, or mixed "with any other material, or any framework-knitted piece, stock 2 7 & 8 Geo. 4. c. 30. s. 3. silk, woollen, Destroying linen, or cotton goods in the loom, &c. or any machinery bethose manulonging to factures, &c. S. 4. Destroying threshing machinery in any other ma machines, or nufacture than the foregoing. S. 8. Rioters demolishing, chapel, house, or certain buildings, or any machinery in any manufactory or mine. ❝ing, hose, or lace) every such offender shall be guilty of felony, "and, being convicted thereof, shall be liable, at the discretion "of the Court, to be transported beyond the seas for the term of "seven years, or to be imprisoned for any term not exceeding "two years; and, if a male, to be once, twice, or thrice publicly "or privately whipped (if the Court shall so think fit), in addi❝tion to such imprisonment." The eighth section enacts, "that if any persons, riotously and "tumultuously assembled together to the disturbance of the &c. a church," public peace, shall unlawfully and with force demolish, pull "down, or destroy, or begin to demolish, pull down, or de"stroy any church or chapel, or any chapel for the religious worship of persons dissenting from the united church of England "and Ireland, duly registered or recorded, or any house, stable, "coach-house, out-house, warehouse, office, shop, mill, malt66 house, hop-oast, barn, or granary, or any building or erection "used in carrying on any trade or manufacture, or any branch "thereof, or any machinery, whether fixed or moveable, prepared "for or employed in any manufacture, or in any branch thereof, or any steam-engine or other engine for sinking, draining, or working any mine, or any staith, building, or erection used in "conducting the business of any mine, or any bridge, waggonway, or trunk for conveying minerals from any mine, every such "offender shall be guilty of felony, and, being convicted thereof, "shall suffer death as a felon." 66 66 OF CHAPTER THE FIFTY-THIRD. DESTROYING AND DAMAGING SHIPS AND OTHER VESSELS, AND ARTICLES THEREUNTO BELONGING. THE offence of unlawfully and maliciously setting fire to ships and other vessels has been mentioned in a preceding Chapter. (a) The enactment there mentioned extends to other modes of destruction, and the statute in which it is contained, namely, the 7 & 8 Geo. 4. c. 30. contains several general provisions against the offences of maliciously damaging ships and other vessels, and doing certain acts tending to their immediate loss or destruction. stroying a By the ninth section of that statute (which has been before S. 9. Setting mentioned) it is enacted, "that if any person shall unlawfully fire to, or de"and maliciously set fire to, or in any wise destroy any ship or ship. "vessel, whether the same be complete or in an unfinished state, "or shall unlawfully and maliciously set fire to, cast away, or in 66 any wise destroy any ship or vessel, with intent thereby to prejudice any owner or part-owner of such ship or vessel, or of any goods on board the same, or any person that hath underwritten or shall underwrite any policy of insurance upon such ship or "vessel, or on the freight thereof, or upon any goods on board "the same, every such offender shall be guilty of felony, and, "being convicted thereof, shall suffer death as a felon." 66 S. 10. Damag- otherwise than The tenth section enacts, "that if any person shall unlawfully "and maliciously damage, otherwise than by fire, any ship or "vessel, whether complete or in an unfinished state, with intent "to destroy the same, or to render the same useless, every such "offender shall be guilty of felony, and, being convicted thereof, "shall be liable, at the discretion of the Court, to be transported "beyond the seas for the term of seven years, or to be imprisoned "for any term not exceeding two years; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the "Court shall so think fit), in addition to such imprisonment." The eleventh section enacts, "that if any person shall exhibit S. 11. Exhiany false light or signal with intent to bring any ship or vessel biting false signals to a "into danger, or shall unlawfully and maliciously do any thing ship, &c.; 66 tending to the immediate loss or destruction of any ship or ves- destroying a shipwrecked vessel or cargo. 12 Geo. 3. c. wilfully destroying ships of war, arsenals, dock "sel in distress, or destroy any part of any ship or vessel which "shall be in distress, or wrecked, stranded, or cast on shore, or any goods, merchandize, or articles of any kind belonging to "such ship or vessel, or shall by force prevent or impede any per"son endeavouring to save his life from such ship or vessel (whe"ther he shall be on board or shall have quitted the same), every "such offender shall be guilty of felony, and, being convicted "thereof, shall suffer death as a felon." The statute 12 Geo. 3. c. 24. relates to the king's ships of war, 24. Persons arsenals, &c. and enacts, "that if any person or persons shall, "either within this realm, or in any of the islands, countries, forts, or places thereunto belonging, wilfully and maliciously set on "fire, or burn, or otherwise destroy, or cause to be set on fire, or "burnt, or otherwise destroyed, or aid, procure, abet, or assist in "the setting on fire, or burning or otherwise destroying of any of "his Majesty's ships or vessels of war, whether the said ships or "vessels of war be on float or building, or begun to be built, in yards, &c. or 66 any of his Majesty's dock-yards, or building or repairing by "contract in any private yards, for the use of his Majesty, or any "of his Majesty's arsenals, magazines, dock-yards, rope-yards, "victualling offices, or any of the buildings erected therein, or "belonging thereto; or any timber or materials there placed for "building, repairing, or fitting out of ships or vessels; or any of "his Majesty's military, naval, or victualling stores, or other am"munition of war, or any place or places where any such "military, naval, or victualling stores, or other ammunition "of war, is, are, or shall be kept, placed or deposited;" the person or persons guilty of any such offence shall be adjudged guilty of felony, and suffer death without benefit of clergy. By the second section persons committing these offences out of the realm may be indicted and tried for the same either in any county within the realm, or in the place where the offence shall have been actually committed, as his Majesty may deem most expedient for bringing such offender to justice. (a) 1 & 2 Geo. 4. c. The 1 & 2 Geo. 4. c. 75. s. 11. enacts "that if any person or 75. s. 11. cutting away, depersons shall wilfully cut away, cast adrift, remove, alter, deface, facing, &c. "sink, or destroy, or shall do or commit any act with intent and buoys, buoydesign to cut away, cast adrift, remove, alter, deface, sink, or ropes, &c. felony, punish"destroy, or in any other way injure or conceal any buoy, buoyable by trans-"rope, or mark, belonging to any ship or vessel, or which may portation, &c. be attached to any anchor or cable belonging to any ship or "vessel whatever, whether in distress or otherwise, such person "or persons so offending shall, on being convicted of such offence, "be deemed and adjudged to be guilty of felony, and shall be liable "to be transported for any term not exceeding seven years, or, in 66 mitigation of such punishment, to be imprisoned for any number "of years at the discretion of the Court in which the conviction "shall be made." (b) 66 66 local operation, 2 Geo. 3. c. 28. s. 13. Besides the statutes which have been thus cited, there are some Statutes of a others of a more limited and local operation, which may be briefly limited and noticed. The 2 Geo. 3. c. 28. s. 13. enacts, "that if any person or persons shall cut, damage or spoil any cordage, cable, buoys, "buoy-rope, head-fast, or other fast, fixed to any anchor or moorings, belonging to any ship or vessel at anchor or moorings in "the river Thames, or any rope used for the purpose of mooring "or rafting masts or timber, or shall be aiding or assisting there"in, with an intent to steal the same;" such person or persons being convicted on the oath of two witnesses shall be transported for seven years.(c) The 39 Geo. 3. c. 69. (a local act for improv- 39 Geo. 3. c. ing the port of London,) s. 4. after providing as to the burning, 69. &c. of ships therein mentioned, enacts, "that if any person or per"sons shall knowingly, wilfully or maliciously demolish, break "down, cut or destroy any of the works to be made by virtue of "this act, or any ship or vessel lying in the said canal, or in any "of the said docks, basins, cuts, or other works; then every such "offender, being convicted thereof, shall suffer punishment by fine, imprisonment or transportation, at the discretion of the Judge, "&c. before whom such offender shall be tried and convicted." And by a subsequent section (s. 105.) persons wilfully or maliciously cutting, &c. or in any manner destroying any rope, &c. by which any ship or vessel lying in the said canal, docks, &c. or in any place or places in the river Thames, between London bridge and the mouth of the river Lea, are moored or fastened, shall forfeit not exceeding 101. The 47 Geo. 3. sess. 2. c. 2. s. 57. (local 47 Geo.3. sess. act,) relates to the damaging, &c. of shipping, or goods, &c. in 2. c. 2. s. 57. Folkestone harbour. The 1 & 2 Geo. 4. c. 76. relates to the juris- 1 & 2 Geo. 4. c. diction of the Cinque ports, and the sixth section contains an enactment making the cutting away, defacing, &c. buoys, &c. a felony punishable by transportation in words similar to the 1 & 2 Geo. 4. c. 75. s. 11.(d) 66 76. cast away or de stroy." Upon the words "cast away or destroy" it may be mentioned Words that upon the construction of those words in two statutes 4 Geo. 1. c. 12 and 11 Geo. 1. c. 29. (now repealed) it appears to have been ruled that if a ship were only run aground or stranded upon a rock, and were afterwards got off in a condition capable of being easily refitted, she could not be said to be cast away or destroyed, and that the case was not therefore within either of those statutes. (e) (b) See various provisions of this act as to unlawfully receiving anchors, cables, &c. or goods obtained from ships, ante, p. 279. By s. 36., the act is not to extend to Scotland or Ireland: nor (by s. 23.) to affect the Cinque port act, 48 Geo. 3. c. 130. or the Pilot act, 48 Geo. 3. c. 104. (c) It is observed that as this clause does not expressly declare the offend ers to be felons, there are grounds (d) Ante, 514, and see the act 1 & 2 (e) De Londo's case, 1765. 2 East. P. C. c. 22. s. 42. p. 1098. |