Indictment after two previous convictions for cutting or damaging trees to the value of twenty-five cents wheresoever growing......... that J. S., on..... .... one elm tree, the property of J. N., then growing on a certain land of the said J. N., in the ....... unlawfully and maliciously did cut and damage, thereby then doing injury to the said J. N., to the amount of forty cents, against the form of the statute in such case made and provided. And the jurors aforesaid, upon their oath aforesaid, do say, that heretofore and before the committing of the offence hereinbefore mentioned (stating the two previous convictions.) See secs. 139 and 207 of the Procedure Act, as to indictments and procedure in indictable offences committed after previous convictions, and for which a greater punishment may be inflicted on that account.

If in answer to a charge under this section, the defendant sets up a bonâ fide claim of right, the justices of the peace have no jurisdiction.-R. v. O'Brien, 5 Q. L. R. 161.

DESTROYING PLANTS, ETC., IN A GARDEN.

25. Every one 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, house, hot-house green-house or conservatory, shall, on summary conviction, be liable to a penalty not exceeding twenty dollars over and above the amount of the injury done, or to three months' imprisonment, with or without hard labor:

2. Every one who, having been convicted of any such offence, either against this or any other Act or law, afterwards commits any of the offences in this section mentioned, is guilty of felony, and liable to two years' imprisonment.-32-33 V., c. 22, s. 27. 24-25 V., c. 97, s. 23, Imp.

Sects. 139 and 207 of the Procedure Act provide for the form of indictment and the procedure in cases of offences committed after a previous conviction, and for which, on

that account, a greater punishment may be inflicted.-R. v. Martin, 11 Cox, 343.

......

Indictment for destroying plants after a previous conviction. that J. S., on ......... one dozen heads of celery, the property of J. N., in a certain garden of the said J. N., situate......... then growing, unlawfully and maliciously did destroy, against the form of the statute in such case made and provided. And the jurors aforesaid, upon their oath aforesaid, do say that heretofore and before the committing of the offence herein before mentioned (state the previous conviction.) And so, the jurors aforesaid, upon their oath aforesaid, do say that the said J. S., on the day and year first aforesaid, one dozen heads of celery, the property of J. N. in a certain garden of the said J. N., situate......... then growing, feloniously, unlawfully and maliciously did destroy, against the form ........

DESTROYING PLANTS, ETC., NOT IN A GARDEN.

26. Every one who unlawfully and maliciously destroys, or damages with intent to destroy, any cultivated root or plant used for the food of man or beast, or for medicine, or for distilling, or for dyeing, or for or in the course of any manufacture, and growing in any land, open or inclosed, not being a garden, orchard or nursery ground, shall, on summary conviction, be liable to a penalty not exceeding five dollars over and above the amount of the injury done, or to one month's imprisonment, with or without hard labor, and in default of payment of such penalty and costs, if any, to imprisonment for any term not exceeding one month:

2. Every one who, having been convicted of any such offence, either against this or any other Act or law, afterwards commits any of the offences in this section mentioned, shall, on summary conviction, be liable to three months' imprisonment with hard labor.—32-23 V., c. 22, s. 28. 24-25 V., c. 97, s. 24, Imp.

See remarks under the last two preceding sections.

INJURIES TO FENCES.

27. Every one who, unlawfully and maliciously cuts, breaks,

throws down, or in anywise destroys any fence of any description whatsoever, or any wall, stile or gate, or any part thereof, respectively, shall, on summary conviction, be liable to a penalty not exceeding five dollars, over and above the amount of the injury done:

2. Every one who, having been convicted of any such offence, either against this or any other Act or law, afterwards commits any of the offences in this section mentioned, shall, on summary conviction, be liable to three months' imprisonment with hard labor.—32-33 V., c. 22, 8. 29. 24-25 V., c. 97, s. 25, Imp.

The act must have been done maliciously to be punishable under this clause.-R. v. Bradshaw, 38 U. C. Q. B. 564.

INJURIES TO MINES.

28. Every one who unlawfully and maliciously sets fire to any mine of coal, cannel coal, anthracite or other mineral fuel, or to any mine or well of oil or other combustible substance, is guilty of felony and liable to imprisonment for life.-32-33 V., c. 22, s. 30. 24-25 V., c. 97, s. 26, Imp.

29. Every one who unlawfully and maliciously, by any overt act attempts to set fire to any mine, or to any such oil well, under such circumstances that if the same were thereby set fire to, the offender would be guilty of felony, is guilty of felony, and liable to fourteen vears' imprisonment.-32-33 V., c. 22, s. 31. 24-25 V., c. 97, s. 27, Imp.

The words in italics are not in the Imperial Act.

It is equally an offence within this section to set fire to a mine in the possession of the party himself, provided it is proved to be done with intent to injure or defraud any other person. The mine may be laid as the property of the person in possession of or working it, though only as agent.-R. v. Jones, 2 Moo. C. C. 293.

Indictment.......... feloniously, unlawfully and maliciously did set fire to a certain mine of coal of J. N., situate at......... against the form .......

....

DROWNING MINES, ETC.

30. Every one who unlawfully and maliciously causes any water, earth, rubbish or other substance to be conveyed or to run or fall into any mine, or into any oil well, or into any subterraneous passage communicating therewith, with intent thereby to destroy or damage such mine or well, or to hinder or delay the working thereof, or who, with the like intent, unlawfully and maliciously pulls down, fills up or obstructs or damages with intent to destroy, obstruct or render useless, any airway, waterway, drain, pit, level, or shaft of or belonging to any mine or well, is guilty of felony, and liable to seven years' imprison

ment:

2. This section shall not extend to any damage committed underground by any owner of any adjoining mine or well in working the same, or by any person duly employed in such working.-32-33 V., c. 22, s. 32. 24-25 V., c. 97, s. 28, Imp.

The words in italics are additions to the English statute, and intended, no doubt, as in the last two preceding sections, to protect petroleum wells.

See the remarks under these two sections.

Indictment for drowning a mine.—......... feloniously, unlawfully and maliciously did cause a quantity of water to be conveyed into a certain mine of J. N., situate ....... with intent thereby then feloniously to destroy the said mine, against the form of the statute.........

Acts causing the damages mentioned in this section. done in the bonâ fide exercise of a supposed right and without a wicked mind are not indictable.-R. v. Matthews, 14 Cox, 5.

DESTROYING OR DAMAGING ENGINES, ETC., USED IN MINES.

31. Every one who unlawfully, and maliciously pulls down or destroys or damages with intent to destroy or render useless any steam engine or other engine for sinking, draining, ventilating or working, or for in anywise assisting in sinking, draining, ventilating or working any mine or oil well or any appliance or apparatus in connection with any such steam or other engine, or any staith, building or erection used in conducting the business of any mine or oil well, or any

bridge, waggon-way or track for conveying minerals or oil from any mine or well, whether such engine, staith, building, erection, bridge, waggon-way or track is completed or in an unfinished state, or unlawfully and maliciously stops, obstructs or hinders the working of any such steam or other engine, or of any such appliances or apparatus as aforesaid, with intent thereby to destroy or damage any mine or oil well, or to hinder, obstruct or delay the working thereof, or unlawfully and maliciously, wholly or partially, cuts through, severs, breaks or unfastens, or damages with intent to destroy or render useless any rope, chain or tackle, of whatsoever material the same is made, used in any mine or oil well, or in or upon 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 oil well, or the working or business thereof, is guilty of felony, and liable to seven years' imprisonment.-32-33 V., c, 22, s. 33. 24-25 V., c. 97, s. 29, Imp.

See sect. 183 of the Procedure Act as to a verdict for an attempt to commit the offence charged in certain cases. Prove that the defendant pulled down or destroyed the engine, as alleged. A scaffold erected at some distance above the bottom of a mine, for the purpose of working a vein of coal on a level with the scaffold was holden to be an erection used in conducting the business of the mine, within the meaning of the statute.-R. v. Whittingham, 9 C. & P. 234.-Wrongfully setting a steam-engine in motion, without its proper machinery attached to it, and thereby damaging it and rendering it useless, is within the section. R. v, Norris, 9 C. & P. 241. Damaging a drum moved by a steam-engine, but of which it forms no part, is not damaging a steam-engine.-R. v. Whittingham, supra. A trunk of wood used to convey water to wash the earth from the ore was held to be an erection used in conducting the business of a mine within the meaning of the statute. Barwell v. Winterstoke, 14 Q. B. 704.

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Indictment.......... a certain steam-engine, the property of J. N. for the draining and working of a certain