mine of the said J. N., situate ......... feloniously, unlawfully and maliciously did pull down and destroy, against the form......... Acts causing the damages covered by this section must be done maliciously, and not in the bonâ fide exercise of a supposed right, to be punishable under its terms,—R. v. Matthews, 14 Cox, 5. INJURIES TO SEA AND RIVER BANKS, AND TO WORKS ON RIVERS, CANALS, ETC. 32. Every one who unlawfully and maliciously breaks down or cuts down, or otherwise damages or destroys any sea bank, sea wall, dyke or aboiteau, or the bank, dam or wall of or belonging to any river, canal, drain, reservoir, pool or marsh, whereby any land or building is, or is in danger of being overflowed or damaged,-or unlawfully and maliciously throws, breaks or cuts down, levels, undermines or otherwise destroys any quay, wharf, jetty, lock, sluice, floodgate, weir, tunnel, towing-path, drain, water-course or other work belonging to any port, harbor, dock or reservoir, or on or belonging to any navigable water or canal, or any dam or structure erected to create or utilize any hydraulic power, or any embankment for the support thereof, is guilty of felony, and liable to imprisonment for life.32-33 V., c. 22, s. 34. 24-25 V., c. 97, s. 30, Imp. 33. Every one who unlawfully and maliciously cuts off, draws up or removes any piles, stone 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 river, canal, drain, aqueduct, marsh, reservoir, pool, port, harbor, dock, quay, wharf, jetty or lock,-or unlawfully and maliciously opens or draws up any floodgate or sluice. or does 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, is guilty of felony, and liable to seven years' imprisonment.-32-33 V., c. 22, s. 35. 24-25 V., c. 97, s. 31, Imp. Indictment under sect. 32--........ a certain part of the bank of a certain river called the river ...... situate...... feloniously, unlawfully and maliciously did cut down and break down, by means whereof certain lands were then overflowed and damaged (or were in danger .........................) against ......... Indictment under sect. 33-......... a certain pile, then fixed in the ground, and then used for securing the bank of a certain river called the river......... situate feloniously, unlawfully and maliciously did cut off, against the form ......... See R. v. Woodward 1 Moo. C. C. 323. INJURIES TO FISH PONDS. 34. Every one who unlawfully and maliciously cuts through, breaks down or otherwise destroys the dam, floodgate or sluice of any fish-pond, or of any water which is private property, or in which there is 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 unlawfully and maliciously puts any lime or other noxious material in any such pond or water, with intent thereby to destroy any of the fish that are then or that may thereafter be put therein, or unlawfully and maliciously cuts through, breaks down or otherwise destroys the dam or floodgate of any mill-pond, reservoir or pool, is guilty of a misdemeanor, and liable to seven years' imprisonment.-32-33 V., c. 22, s. 36. 24-25 V., c. 97, s. 32, Imp. Indictment for breaking down the dam of a fish-pond ......... the dam of a certain fish-pond of one J. N., situate unlawfully and maliciously did break down and destroy with intent thereby then to take and destroy the fish in the said pond then being, against the form.................... Indictment for putting lime into a fish-pond.-.... unlawfully and maliciously did put a large quantity, to wit, ten bushels of lime, into a certain fish-pond of one J. N., situate......... with intent thereby then to destroy the fish in the said pond then being, against the form.. Indictment for breaking down a mill dam.—... the dam of a certain mill-pond of J. N., situate unlawfully and maliciously did break down and destroy, against the ......... Maliciously in all cases under this act means a wrongful act done intentionally without just cause or excuse. R. v. Matthews 14 Cox, 5; 2 Russ. 1073, note by Greaves. -See Procedure Act sec. 183, as to a verdict for an attempt to commit the misdemeanor charged in certain cases, upon an indictment for the misdemeanor itself. INJURIES TO BRIDGES, VIADUCTS AND TOLL-BARS. 35. Every one who unlawfully and maliciously pulls or throws down, or in any wise destroys any bridge, whether over any stream of water or not, or any viaduct or aqueduct, over or under which bridge, viaduct or aqueduct any highway, railway or canal passes, or does any injury with intent and so as thereby to render such bridge, viaduct or aqueduct, or the highway, railway or canal passing over or under the same, or any part thereof, dangerous or impassable, is guilty of felony, and liable to imprisonment for life.—32-33 V., c. 22, s. 37. 24-25 V., c. 97, s. 33, Imp. This clause by the words over any stream of water or not does away with the difficulties raised in R. v. Oxfordshire, 1 B. & A. 289-297, and R. v. Derbyshire, 2 Q. B. 745. The clause does not apply to private bridges, but any injury to a private bridge exceeding the sum of twenty dollars would bring the case within sect. 58, post, and if less than that sum within sect. 59, post. Indictment for pulling down a bridge... a certain bridge, situate............ feloniously, unlawfully and maliciously did pull down and destroy, against the form ......... Indictment for injuring a bridge.......... feloniously, unlawfully and maliciously did (state the injury) a certain bridge, situate......... with intent thereby to render the said bridge dangerous and impassable, against the form -Archbold. The intent, under this part of this section must be laid and proved, but if the bridge be proved to have been rendered dangerous or impassable, by the act of the defendant, it will be sufficient proof of the intent.-Archbold. See sect. 183 Procedure Act, as to a verdict for an attempt to commit the offence charged in certain cases upon an indictment for the offence itself. DESTROYING TURNPIKE GATES, TOLL-BARS, ETC. 36. Every one who unlawfully and maliciously throws down levels or otherwise destroys, in whole or in part, any turnpike gate or toll-bar, or any wall, chain, rail, post, bar or other fence belonging to any turnpike gate or toll-bar, or set up or erected to prevent passengers passing by without paying any toll directed to be paid by any Act or law relating thereto, or any house, building or weighing engine erected for the better collection, ascertainment or security of any such toll, is guilty of a misdemeanor, and liable to fine or imprisonment, or both, in the discretion of the court.-32-33 V., c. 22, s. 38. 24-25 V., c. 97, 8. 34, Imp. Indictment.......... a certain turnpike gate, situate unlawfully and maliciously did throw down, level and destroy, against the form.................. See c. 181, post, secs. 24, 26 and 31, as to punishment. INJURIES TO RAILWAYS AND TELEGRAPHS. 37. Every one who unlawfully and maliciously, and with intent to obstruct, endanger, upset, overthrow, injure or destroy any engine, tender, carriage, truck or vehicle, on any railway, or any property passing over or along any railway, (a.) Puts, places, casts or throws any wood, stone or other matter or thing upon or across any railway, (b.) Breaks, takes up, removes, displaces, injures or destroys any rail, railway switch, sleeper, bridge, fence or other matter or thing, or any portion thereof, belonging to any railway, (c.) Turns, moves or diverts any point or other machinery belonging to any railway, (d.) Makes or shows, hides or removes any signal or light upon or near any railway, or (e.) Does or causes to be done, any other matter or thing, Is guilty of a felony, and liable to imprisonment for life.—32-33 V., c. 22, s. 39. 42 V., c. 9, s. 88, part. 44 V., c. 25, s. 116, part. 24-25 V., c. 97, s. 35, Imp. 38. Every one who unlawfully and maliciously (a) Breaks, throws down, injures or destroys, or does any other hurt or mischief to, (b.) Obstructs or interrupts the free use of, or (c.) Obstructs, hinders or prevents the carrying on, completing, supporting or maintaining of Any railway or any part thereof, or any building, structure, station, depot, wharf, vessel, fixture, bridge, fence, engine, tender, carriage, truck, vehicle, machinery or other work, device, matter or thing of such railway, or appertaining thereto or connected therewith, Is guilty of a misdemeanor, and liable to five years' imprisonment. -42 V., c. 9, ss. 87 and 90. 44 V., c. 25, ss. 115 and 118. 39. Every one who, by any means, or in any manner or way whatsoever, or by any wilful omission or neglect, obstructs or interrupts, or causes to be obstructed or interrupted, or aids or assists in obstructing or interrupting, the free use of any railway or any part thereof, or any building, structure, station, depot, wharf, vessel, fixture, bridge, fence, engine, tender, carriage, truck, vehicle, machinery or other work, device or thing of such railway, or appertaining thereto, or connected therewith, is guilty of a misdemeanor, and liable to two years' imprisonment.-32-33 V., c. 22, s. 40. 42 V. c. 9, s. 86. 44 V., c. 25, s. 114. 24-25 V., c. 97, s. 36, Imp. 40. Every one who unlawfully and maliciously 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, electric light, telephone or fire alarm, or in the working thereof, or for the transmission of electricity for other lawful purposes, or unlawfully and maliciously prevents or obstructs, in any manner whatsoever, the sending, conveyance or delivery of any communication by any such telegraph, telephone or fire alarm, or the transmission of electricity for any such electric light or for any such |