CHAPTER THE FORTY-SEVENTH. Destroying any sea bank, on any river or canal. OF BREAKING DOWN, &C., SEA BANKS, LOCKS, AND WORKS ON THE 7 & 8 Geo. 4, c. 30, s. 12, enacts, "that if any person shall &c., or works unlawfully and maliciously (a) break down or cut down any sea bank or sea wall, or the bank or wall of any river, canal, or marsh, whereby any lands shall be overflowed or damaged, or shall be in danger of being so; or shall unlawfully and maliciously throw down, level, or otherwise destroy any lock, sluice, floodgate, or other work on any navigable river or canal; 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 life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four 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; and if any person shall unlawfully and maliciously cut off, draw up, or remove any piles, chalk, or other materials fixed in the ground, and used for securing any sea bank, or sea wall, or the bank or wall of any river, canal, or marsh; or shall unlawfully and maliciously open or draw up any floodgate, or do any other injury or mischief to any navigable river or canal, with intent and so as thereby to obstruct or prevent the carrying on, completing, or maintaining the navigation thereof; 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.” (b) Removing the piles of any sea bank, &c., or doing any da mage to obstruct the navigation of a river or canal. (a) See sec. 25, ante, p. 544. (b) As to the punishment of principals in the second degree and accessories, see 7 & 8 Geo. 4, c. 30, s. 26, ante, p. 546, and as to hard labour and solitary confinement, see the 7 & 8 Geo. 4, c. 30, s. 27, and the 1 Vict. c. 90, s. 5, ante, p. 547. CHAPTER THE FORTY-EIGHTH. OF DESTROYING THE DAMS OF FISH-PONDS, &C., OR MILL-PONDS, AND OF PUTTING NOXIOUS MATERIALS INTO FISH-PONDS, &c. THE 7 & 8 Geo. 4, c. 30, s. 15, enacts, "that if any person shall unlawfully and maliciously (a) break down, or otherwise destroy the dam of any fish-pond, or of any water which shall be private property, or in which there shall be any private right of fishery, with intent thereby to take or destroy any of the fish in such pond or water, or so as thereby to cause the loss or destruction of any of the fish; or shall unlawfully and maliciously put any lime or other noxious material in any such pond or water, with intent thereby to destroy any of the fish therein; or shall unlawfully and maliciously break down or otherwise destroy the dam of any mill-pond; every such offender shall be guilty of a misdemeanor, 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." (b) In a case upon the 9 Geo. 1, c. 22, the words of which were, “if any person shall unlawfully and maliciously break down the head or mound of any fish-pond, whereby the fish shall be lost or destroyed," the Judges thought that that provision applied only to cases of wanton and malicious mischief in cutting the head of a pond, and not to cases where it was used as the means of stealing the fish. (c) (a) See sec. 25, ante, p. 544. (b) As to abettors, see sec. 26, ante, p. 546, and as to hard labour and solitary confinement see sec. 27, and the 1 Vict. c. 90, s. 5, ante, p. 547. (c) Rex v. Ross, Russ. & Ry. 10. The new statute seems framed expressly so as to meet this case. C. S. G. CHAPTER THE FORTY-NINTH. 7 & 8 Geo. 4, c. 30, s. 13. Injury to a public bridge. Sec. 14. Destroying a turnpike-gate, OF DESTROYING OR INJURING BRIDGES, TURNPIKE-GATES, &c. THE 7 & 8 Geo. 4, c. 30, s. 13, enacts, By sec. 14," if any person shall unlawfully and maliciously (a) throw down, level, or otherwise destroy, in whole or in part, any turnpiketoll-house, &c. gate, or any wall, chain, rail, post, bar, or other fence belonging to any turnpike-gate, or set up or erected to prevent passengers passing by without paying any toll directed to be paid by any act or acts of Parliament relating thereto, or any house, building, or weighing engine erected for the better collection, ascertainment, or security of any such toll, every such offender shall be guilty of a misdemeanor, and, being convicted thereof, shall be punished accordingly." (c) Destruction or damaging of bridges. The malicious destruction or damaging of public bridges is said to be without doubt punishable as a misdemeanor at common law, being a nuisance to all the king's subjects. (d) But in a case of slight damage this might perhaps be questioned. With respect to wilful damage done to bridges, arches, walls, &c., erected by the commissioners of turnpike-roads, pecuniary penalties, recoverable by summary conviction, are imposed by 3 Geo. 4, c. 126, s. 121, and 4 Geo. 4, c. 95, s. 72. There are, however, a great number of bridges within this kingdom which it was made felony to injure or destroy, by the enact (a) See sec. 25, ante, p. 544. (b) As to the punishment of principals in the second degree and accessories, see sec. 26, ante, p. 546, and as to hard labour and solitary confinement see sec. 27, and the 1 Vict. c. 90, s. 5, ante, p. 547. (c) As so hard labour and solitary confinement, see sec. 27, and the 1 Vict. c. 90, s. 5, ante, p. 547, and as to abettors see sec. 26, ante, p. 546. (d) 2 East, P. C. c. 22, s. 27, p. 1081. ments of particular statutes. In some instances the offence was made capital, as in the case of Westminster Bridge, by 9 Geo. 2, c. 29, s. 5. But the 1 Geo. 4, c. 116, repeals this provision of the Westminster Bridge act, and with respect to similar provisions in other statutes it enacts, "that such parts of all former acts relating to bridges as enact that if any person or persons shall wilfully and maliciously blow up, pull down, or destroy any bridge, or any part thereof, or attempt so to do, or unlawfully and without authority remove or take any works thereunto belonging, or in anywise direct or procure the same to be done, such offender or offenders, being thereof lawfully convicted, shall be adjudged guilty of felony, and shall suffer death as a felon, without benefit of clergy, shall from and after the passing of this act be and the same are hereby repealed." CHAPTER THE FIFTIETH. Destroying, &c., any fence, wall, stile, or gate. OF DESTROYING FENCES, WALLS, STILES, OR GATES. THE 7 & 8 Geo. 4, c. 30, s. 23, enacts, (a) See sec. 25, ante, p. 544. |