purpose as aforesaid, is guilty of a misdemeanor, and liable to imprisonment for any term less than two years.—32-33 V., c. 22, s. 41. 2425 V., c. 97, s. 37, Imp.

41. Every one who unlawfully and maliciously, by any overt act, attempts to commit any of the offences in the next preceding section mentioned, shall, on summary conviction, be liable to a penalty not exceeding fifty dollars, or to three months' imprisonment, with or without hard labor.-32-33 V., c. 22, s. 42. 24-25 V., c. 97, s. 38, Imp.

See sec. 25 of c. 162, page 177, ante The extension of sec. 40 to telephones, electric lights and fire alarms, or to the transmission of electricity for any such electric light, or for any such purpose as aforesaid, is new law.

See sec. 183 of the Procedure Act as to a verdict of attempt to commit the offence charged in certain cases.

The words "endanger" and "or any property passing over and along any railway" in sec. 37, are not in the Imperial Act. Neither are the words, "breaks, injures or destroys," nor "railway switch, bridge, fence" in sub. sec. b.

The prisoners were indicted in several counts for wilfully and maliciously placing a stone upon the North Woolwich Railway, with intent to damage, injure, and obstruct the carriages travelling upon it.

It appeared that the prisoners, who were respectively aged thirteen and fourteen, had placed a stone on the railway in such a way as to interfere with the machinery of the points, and prevent them from acting properly, so that if a train had come up at the time the stone remained as placed by the prisoners it would have been passed off the line, and a serious accident must have been the consequence. Gutteridge held up the points whilst Upton dropped in the stone.

Wightman, J., told the jury that in order to convict the prisoners it was necessary, in the first place, to prove that they had wilfully placed the stone in the position stated

upon the railway; and secondly, that it was done maliciously, and with the purpose of causing mischief. It was his duty to inform them that it was not necessary that the prisoners should have entertained any feeling of malice against the railway company, or against any person travelling upon it; it was quite enough to support the charge if the act was done with a view to some mischievous consequence or other, and if that fact was made out the jury would be justified in finding the prisoners guilty, notwithstanding their youth. They were undoubtedly very young ; but persons of their age were just as well competent to form an opinion of the consequences of an act of this description as an adult person. Verdict, guilty upon the counts charging an intent to obstruct the engine.—R. v. Upton (Greaves Lord Campbell's Acts, Appendix).

Indictment under sect. 37.-.........feloniously, unlawfully and maliciously did put and place a piece of wood upon a certain railway called.........in ......... with intent thereby then to obstruct, upset, overthrow, and injure a certain engine and certain carriages using the said railway, against the form ......... -Archbold. (The intent may be laid in different ways, in different counts, if necessary.)

Prove that the defendant placed the piece of wood upon or across the railroad as described in the indictment, or was present aiding and assisting in doing so. The intent may be inferred from circumstances from which the jury may presume it. In general, the act being done wilfully, and its being likely to obstruct or upset the railway train, would be sufficient prima facie evidence of an intent to do so. Where the engine or carriage is in fact obstructed, or the safety of the persons conveyed therein is in fact endangered by the defendant's act, but there is no evidence of any of the intents mentioned in sect. 37, the defendant

should be indicted for a misdemeanor under sect. 39—R. v. Bradford, Bell, C. C. 268.-A line of railway constructed under an Act of Parliament, but not yet opened for public traffic, and used only for the carriage of materials and workmen, is within the statute.-Idem. A drunken man got upon the railway and altered the signals and thereby caused a luggage train to pull up and proceed at a very slow pace: Held, upon a case reserved, Martin, B. dissentient, that this was a causing of an engine and carriage using a railway to be obstructed within the meaning of sect. 36 (39 of our statute) of the act in question.-R. v. Hadfield, 11 Cox, 574. A person improperly went upon a line of railway and purposely attempted to stop a train approaching by placing himself on the space between two lines of rails, and holding up his arms in the mode adopted by inspectors of the line when desirous of stopping a train: Held, that this amounted to the offence of unlawfully obstructing an engine or carriage using a railway under sect. 36 (39 of our statute) of the statute in question.-R. v. Hardy, 11 Cox, 656.

Indictment under sec. 37 b.—.................Berkshire (to wit). The Jurors for Our Lady the Queen, upon their oath present, that on the first day of May, in the year of our Lord 1852, at the parish of Goring, in the county of Berks, A. B. did feloniously, unlawfully, and maliciously take up (take up remove, or displace) a certain rail (any rail, sleeper, or other matter or thing) then and there belonging to a certain railway there, called "The Great Western Railway," with intent, etc. (Conclude as in last precedent. Vary counts and intent.)

Indictment under sec. 37 c.—.......................Berkskire (to wit). The Jurors for Our Lady the Queen upon their oath present, that on the first day of May, in the year of our Lord 1852,

at the parish of Goring, in the county of Berks, A. B. did feloniously, unlawfully, and maliciously turn [turn, move, or divert] certain points [any points or other machinery] then and there belonging to a certain railway there called "The Great Western Railway," with intent, etc. (Conclude as in last precedent. Vary counts and intent.)

Indictment under sec. 37 d..........Berkshire (to wit). The Jurors for Our Lady the Queen upon their oath present, that on the first day of May, in the year of our Lord 1852, at the parish of Goring, in the county of Berks, A. B. did feloniously, unlawfully, and maliciously make (make or show, hide or remove) a certain signal (any signal or light) upon (upon or near to) a certain railway there, called "The Great Western Railway," with intent, etc. (Conclude as in the last precedent. Vary counts and intent.)

Indictment under sec. 37 e.......... Berkshire (to wit). The Jurors for Our Lady the Queen, upon their oath present, that on the first day of May in the year of our Lord 1852, at the parish of Goring, in the county of Berks, A. B. did feloniously, unlawfully, and maliciously set fire to (do or cause to be done any other matter or thing) a certain carriage, then and there using a certain railway there, called "The Great Western Railway," with intent thereby then and there to destroy [obstruct, upset, overthrow, injure or destroy] the said carriage [any engine, carriage, or truck, using such railway], so then and there using the said railway as aforesaid. (Vary counts and intent.)

INJURIES TO WORKS OF ART.

42. Every one who unlawfully and maliciously destroys or damages any book, manuscript, picture, print, statue, bust or vase, or any other article or thing kept for the purposes of art, science or literature, or as an object of curiosity in auy museum, gallery, cabinet, library or other depository, which museum, gallery, cabinet, library, or other

depository is, either at all times or from time to time, open for the admission of the public or of any considerable number of persons to view the same, either by the permission of the proprietor thereof, or by the payment of money before entering the same, or any picture, statue, monument or other memorial of the dead, painted glass or other monument or work of art in any church, chapel, meeting-house or other place of divine worship, or in any building belonging to Her Majesty or to any county, riding, city, town, village, parish or place, or to any university, or college or hall of any university, or in any street, square, church-yard, burial ground, public garden or ground, or any statue or monument exposed to public view, or any ornament, railing or fence surrounding such statue or monument, or any fountain, lamp, post, or other thing of metal, glass, wood or other material, in any street, square or other public place, is guilty of a misdemeanor, and liable to one year's imprisonment:

2. Nothing herein contained shall affect the right of any person to recover damages for the injury so committed.--32-33 V., c. 22, s. 43. 24-25 V., c. 97. s. 39, Imp.

INJURIES TO CATTLE AND OTHER ANIMALS.

43. Every one who unlawfully and maliciously kills, maims, wounds, poison or injures any cattle, is guilty of felony, and liable to fourteen years' imprisonment.-32-33 V., c. 22, s. 45. 24-25 V., c. 97, s. 40, Imp.

44. Every one who unlawfully and maliciously attempts to kill, maim, wound, poison or injure any cattle, or unlawfully and maliciously places poison in such a position as to be easily partaken of by any cattle, is guilty of a misdemeanor, and liable to fine or imprlsonment, or both in the discretion of the court.-32-33 V., c. 22, s. 46.

The words in italics in sec. 43 are not in the Imperial Act.

Sec. 44 is not in the Imperial Act.

As to the punishment under sec. 44, see, post, c. 181, secs. 24, 26, 31.

Indictment for killing a horse.—......... one horse of the goods and chattels of J. N. feloniously, unlawfully, and maliciously did kill, against the form

.........

The particular species of cattle killed, maimed, wounded,