in whatsoever place or country out of England, whether under the dominion of Her Majesty or not, such written instrument or thing may purport to be made or may have been made, and in whatsoever language or languages the same or any part thereof may be expressed, every such person shall be deemed to be an offender within the meaning of such Article, and shall be punishable thereby in the same manner as if the written instrument or thing had purported to be made or had been made in England; and if any person shall in England forge, or offer, utter, publish, dispose of or put off any bill, note, undertaking, warrant, draft, order or other security for money or for the payment of money, or any indorsement on or assignment of any such security as is assignable at law, or any acceptance of any bill of exchange, or any deed, bond or writing obligatory for the payment of money (whether such deed, bond or writing obligatory shall be made only for the payment of money, or for the payment of money together with some other purpose), in whatsoever place or country out of England, whether under the dominion of Her Majesty or not, the money payable or secured by such bill, note, undertaking, warrant, draft, order, security, deed, bond or writing obligatory may be or may purport to be payable, and in whatsoever language or languages the same respectively, or any part thereof, may be expressed, and whether such bill, note, undertaking, warrant, draft, order or other security be or be not under seal, every such person shall be deemed to be an offender within the meaning of such Article, and shall be punishable thereby in the same manner as if the money had been payable, or had purported to be payable, in England. CHAPTER XXI. MALICIOUS INJURIES TO PROPERTY. defraud. SUMMARY OF CONTENTS. Article 1, 2, Setting fire to buildings with intent to injure or defraud; Art. 3, Setting fire to farm produce, &c., in farm buildings; Art. 4, Exhibiting false lights or signals; Art. 5, Setting fire to vessels with intent to destroy the same; Art. 6, Damaging ships otherwise than by fire; Art. 7, Destroying wrecks; Art. 8, Setting fire to coal-mines; Art. 9, Setting fire to agricultural produce, &c.; Art. 10, Attempting to blow up buildings, &c.; Art. 11, Attempting to set fire to buildings; Art. 12, Destroying sea banks, &c., or works on rivers or canals; Art. 13, Removing piles of sea-banks, &c., or doing damage to obstruct the navigation of rivers or canals; Art. 14, Destroying public bridges; Art. 15, Destroying turnpike-gates, toll-houses, &c.; Arts 16-18, Destroying trees, shrubs, &c.; Art. 19, Destroying fruit, &c., in gardens, &c.; Art. 20, Destroying fixtures in public places; Art. 21, Destroying silk, woollen, linen or cotton goods in the loom, or any machinery belonging to those manufactures, &c.; Art. 22, Destroying threshing-machines, or machinery in any other manufacture than the foregoing; Art. 23, 24, Drowning mines; Art. 25, Destroying engines, erections, &c., used in mines; Art. 26, Destroying dams of fisheries, &c.; Art. 27, Destroying mill-dams; Art. 28, Killing or attempting to kill, &c. cattle; Art 29, Setting fire to certain crops, plantations or heath; Art. 30, Destroying hop-binds; Art. 31, Setting fire to buildings in towns, &c.; Art. 32, Malicious injury to works of art, &c.; Art. 33, Destroying buoys, &c.; Art. 34, Making anything for the purpose of offending against this Section, &c. ART. 1. Setting fire to buildings WHOSOEVER shall maliciously set fire to any church or chapel, or to any chapel with intent to injure or for the religious worship of persons dissenting from the United Church of 7 Will. IV. and 1 Vict. c. England and Ireland, or shall maliciously set fire to any house, stable, coach89, s. 3 and 12; 7 and 8 house, out-house, warehouse, office, shop, mill, malt-house, hop-oast, barn, Vict. c. 62; 9 and 10 Vict. granary, hovel, shed or fold, or to any farm-building or any building or erection used in farming land or in carrying on any trade or any manufacture, or any branch thereof, whether the same or any of them shall then be in the possession of the offender, or in the possession of any other person, with intent thereby to injure or defraud any person, shall incur the penalties of the 4th Class. c. 25, s. 9. Definition of "setting fire to." ART. 2. It is essential to a setting fire to any thing within the meaning of the last preceding Article, or any other Article of this Section, that some part of such thing should be actually burnt. ART. 3. ings. Whosoever shall maliciously set fire to any hay, straw, wood or other vegetable Setting fire to farm proproduce being in any farm-house or farm-building, or to any implement of hus- duce, &c., in farm buildbandry being in any farm-house or farm-building, with intent thereby to set fire 7 and 8 Vict. c. 52, s. 2. to such farm-house or farm-building, and to injure or defraud any person, shall incur the penalties of the 4th Class. ART. 4. Exhibiting false lights or signals. Whosoever shall exhibit any false light or signal, with intent to bring any ship or vessel into danger, or shall maliciously do anything tending to the immediate loss or destruction of any ship or vessel in distress, shall incur the penalties 89, s. 5. of the 2nd Class. ART. 5. 7 Will. IV. and 1 Vict. c. Setting fire to vessels with intent to destroy the same. 7 Will. IV. and 1 Vict. c. Whosoever shall maliciously set fire to or in anywise destroy any ship or vessel, whether the same be complete or in an unfinished state, or shall maliciously set fire to, cast away or in anywise destroy any ship or vessel, with intent thereby to prejudice any owner or part owner of such ship or vessel or of any goods 89, ss. 6 and 12; 9 and 10 on board the same, or any person that shall have underwritten any policy of insurance upon such ship or vessel, or on the freight thereof, or upon any goods on board the same, shall incur the penalties of the 4th Class. ART. 6. Whosoever shall 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, shall incur the penalties of the 10th Class. ART. 7. Whosoever shall maliciously 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, shall incur the penalties of the 7th Class. ART. 8. Vict. c. 25, s. 9. Damaging ships otherwise than by fire. 7 and 8 Geo. IV. c. 30, ss. 10 and 27; 7 Will. IV. and 1 Vict. c. 90, 8. 5. Destroying wrecks. 89, s. 8 and 12. 7 Will. IV. and 1 Vict. c. Whosoever shall maliciously set fire to any mine of coal or cannel-coal, shall Setting fire to coal-mines. incur the penalties of the 4th Class. ART. 9. Whosoever shall maliciously set fire to any stack of corn, grain, pulse, tares, straw, haulm, stubble, furze, heath, fern, hay, turf, peat, coals, charcoal or wood, or any steer of wood, shall incur the penalties of the 4th Class. ART. 10. 7 Will. IV. and 1 Vict. c. 89, ss. 9 and 12; 9 and 10 Vict. c. 25, s. 9. Setting fire to agricultural produce, &c. 7 Will. IV. and 1 Vict. c. 89, ss. 10 and 12; 9 and 10. Vict. c. 25, s. 9. Attempting to blow up 9 and 10 Vict. c. 25, & 6, in part. Whosoever shall maliciously place or throw in, into, upon, against or near any building or vessel, any gunpowder or other explosive substance, with intent to buildings, &c. destroy or damage any building or vessel, or any machinery, fixtures or chattel personal, shall, whether or not any explosion take place, and whether or not any damage is effected to any building, vessel, machinery, fixtures or chattel personal, incur the penalties of the 7th Class. ART. 11. Attempting to set fire to buildings. Whosoever shall maliciously by any overt act attempt to commit any of the offences specified in Articles 1, 3, 5, 8, and 9 of this Section shall, although 9 and 10 Vict. c. 25, s. 7. nothing therein specified be actually burnt, incur the penalties of the 7th Class. ART. 12. canals. Whosoever shall maliciously break down or cut down any sea-bank or sea-wall, Destroying sea-banks, or the bank or wall of any river, canal or marsh, whereby any lands shall be &c., or works on rivers or overflowed or damaged or shall be in danger of being so, or shall maliciously set 7 and 8 Geo. IV. c. 30, ss. fire to, throw, break or cut down, level or otherwise destroy any quay, wharf, 12 and 27; 7 Will, IV. and 1 lock, sluice, floodgate or other work belonging to any dock or on any navigable river or canal, shall incur the penalties of the 4th Class. (a) (a) See the note to this Article, Third Report of the Commissioners for Revising and Consolidating the Criminal Law, p. 44. Vict. c. 90, s. 5. Destroying public bridges. 1 ART. 13. Whosoever shall 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 seawall, or the bank or wall of any river, canal or marsh, or shall 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, shall incur the penalties of the 10th Class. ART. 14. Whosoever shall maliciously pull down or in anywise destroy any public 7 and 8 Geo. IV. c. 30, ss. bridge, or do any injury with intent and so as thereby to render such bridge or any part thereof dangerous or impassable, shall incur the penalties of the 4th Class. 13 and 27; 7 Will. IV. and 1 Vict. c. 90, s. 5. Destroying turnpikegates, toll-houses, &c. 7 and 8 Geo. IV. c. 30, ss. ART. 15. Whosoever shall maliciously throw down, level or otherwise destroy, in whole or in part, any turnpike-gate or any wall, chain, rail, post, bar or other fence, 14 and 27; 7 Will. IV. and I 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 of Parliament relating thereto, or any house, building or weighing-engine erected for the better collection, ascertainment or security of any such toll, shall incur the penalties of the 11th Class. Vict. c. 90, s. 5. Destroying trees parks, gardens, &c. in 7 and 8 Geo. IV. c. 30, 88. ART. 16. Whosoever shall maliciously cut, break, bark, root up or otherwise destroy or damage the whole or any part of any tree, sapling or shrub, or any underwood 19 and 27; 7 Will. IV. and 1 growing in any park, pleasure-ground, garden, orchard or avenue, or in any ground adjoining or belonging to any dwelling-house (in case the amount of the injury done shall exceed the sum of 17.), shall incur the penalties of the 10th Class. Vict. c. 90, s. 5. Trees elsewhere. 7 and 8 Geo. IV. c. 30, ss. 19 and 27; 7 Will. IV. and 1 Vict. c. 90, s. 5. Malicious damage to 7 and 8 Geo. IV. c. 30, ss. ART. 17. Whosoever shall maliciously cut, break, bark, root up or otherwise destroy or damage the whole or any part of any tree, sapling or shrub, or any underwood growing elsewhere than in any of the situations mentioned in the last preceding Article (in case the amount of the injury done shall exceed the sum of 54), shall incur the penalties of the 10th Class. ART. 18. Whosoever shall maliciously cut, break, bark, root up or otherwise destroy or trees to the amount of 1s. damage the whole or any part of any tree, sapling or shrub, or any underwood 20 and 27; 7 Will. IV, and 1 wheresoever the same may be growing, injury being done to the amount of 18. at the least, shall incur, in respect of a third or any subsequent offence, the penalties of the 10th Class. Vict. c. 90, s. 5. Destroying fruit, &c., in gardens, &c. ART. 19. Whosoever shall maliciously destroy, or damage with intent to destroy, any plant, root, fruit or vegetable production growing in any garden, orchard, nursery21 and 27; 7 Will. IV. and 1 ground, hot-house, green-house or conservatory, having been before convicted of any such offence, shall incur the penalties of the 10th Class. Whosoever shall maliciously rip, cut, break or otherwise destroy or damage any glass or woodwork, or any lead, iron, copper, brass or other metal or any utensil or fixture, whether made of metal or other material, fixed in any square, street or other place dedicated to public use or ornament, shall incur the penalties of the 10th Class. ART. 21. Whosoever shall maliciously cut, break or destroy, or damage with intent to linen, or cotton goods in destroy or to render useless, any goods or article of silk, woollen, linen or cotton belonging to those manu- or of any one or more of those materials mixed with each other or mixed with factures, &c. any other material, or any framework-knitted piece, stocking, hose or lace, 8 and 27; 7 Will. IV. and I respectively being in the loom or frame or on any machine or engine or on the rack or tenters or in any stage, process or progress of manufacture, or shall maliciously cut, break or destroy, or damage with intent to destroy or to render useless any warp or shute of silk, woollen, linen or cotton or of any one or more of those materials mixed with each other or mixed with any other material, or any loom, frame, machine, engine, rack, tackle or implement, whether fixed or moveable, prepared for or employed in carding, spinning, throwing, weaving, fulling, shearing or otherwise manufacturing or preparing any such goods or articles, or shall by force enter into any house, shop, building or place, with intent to commit any of such offences, shall incur the penalties of the 4th Class. ART. 22. Whosoever shall maliciously cut, break or destroy, or damage with intent 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 whatsoever (except the manufacture 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, stocking, hose or lace), shall incur the penalties of the 10th Class. ART. 23. Whosoever shall maliciously cause any water to be conveyed into any mine, or into any subterraneous passage communicating therewith, with intent thereby to damage or destroy such mine, or to hinder or delay the working thereof, or shall, with the like intent, maliciously pull down, fill up or obstruct any airway, waterway, drain, pit, level or shaft of or belonging to any mine, shall incur the penalties of the 10th Class. ART. 24. any Destroying threshingin any other manufacture machines, or machinery than the foregoing. 7 and 8 Geo. IV. c. 30, ss. 4 and 27; 7 Will. IV. and 1 vict. c. 90, 8. 5. Drowning mines. 7 and 8 Geo. IV. c. 30, 8. 6 and 27; 7 Will. IV. and 1 Vict. c. 90, s.5. The provision contained in the last preceding Article shall not extend to Proviso. damage committed under ground by any owner of an adjoining mine in working the same, or by any person duly employed in such working. (b) (b) These exceptions (as suggested by the Criminal Law Commissioners, See their Fourth Report, p. 87, note to Article 124,) appear to be unnecessary where the mischief is not maliciously occasioned and where it is so occasioned, the vicinity of the offender's mine does not seem to warrant any special exception. ART. 25. Whosoever shall maliciously pull down or destroy, or damage with intent to destroy or to render useless 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, waggon-way or trunk for conveying minerals from any mine, whether such engine, staith, building, erection, bridge, waggonway or trunk be completed or in an unfinished state, shall incur the penalties of the 10th Class. ART. 26. Whosoever shall maliciously 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 maliciously put any lime or other noxious material in any such pond or water, with intent thereby to destroy any of the fish therein, shall incur the penalties of the 10th Class. ART. 27. Whosoever shall maliciously break down or otherwise destroy the dam of any Destroying mill-dams. mill-pond, shall incur the penalties of the 10th Class. ART. 28. Whosoever shall maliciously kill any cattle or cause any harm to any cattle, with intent to kill such cattle or render the same useless to the owner, either manently or for a time, shall incur the penalties of the 7th Class. (c) per 7 & 8 Geo. IV. c. 30, ss. 15, in part, and 27; 7 Will. IV. and 1 Vict. c. 90, s. 5. Killing or attempting to kill, &c., cattle. 7 & 8 Geo. IV. c. 30, s. 16. 7 Will. IV. and 1 Vict. c. 90 (c) The words of the 7 and 8 Geo. IV. c. 30, s. 15, are “kill, maim, or wound;" but see the ss. 2 and 3. 66 cause any Setting fire to buildings in towns, &c. Malicious injury to works of art, &c. 8 & 9 Vict. c 44, s. 1. Destroying buoys, &c. 9 and 10 Vict. c. 99, s. 28.' Making anything for the purpose of offending against this Section, &c. 9 and 10 Vict. c. 25, s. 8. ART. 29. Whosoever shall maliciously set fire to any crop of corn, grain or pulse, whether standing or cut down, or to any part of a wood, coppice or plantation of trees, or to any heath, gorse, furze or fern, wheresoever the same may be growing, shall incur the penalties of the 10th Class. ART. 30. Whosoever shall maliciously cut or otherwise destroy any hop-binds growing on poles in any plantation of hops, shall incur the penalties of the 7th Class. ART. 31. Whosoever shall maliciously set fire to any house or other building situate in ⚫ any town, or so nearly adjacent or contiguous to the dwelling-house of any other person, wheresoever situated, that such dwelling-house may thereby be endangered, shall incur the penalties of the 11th Class. (d) (d) See the note to this Article, Third Report of the Commissioners for Revising and Consolidating the Criminal Law, p. 46. ART. 32. Whosoever shall maliciously destroy or damage anything kept for the purposes of art, science or literature, or as an object of curiosity, in any museum, gallery, cabinet, library or other repository, which museum, gallery, cabinet, library or other repository 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 permission of the proprietor thereof or by the payment of money before entering the same, or any picture, statue, monument or painted glass in any church or chapel or other place of religious worship, or any statue or monument exposed to public view, shall incur the penalties of the 15th Class. ART. 33. Whosoever shall maliciously cut away, cast adrift, remove, alter, deface, sink or destroy, or shall maliciously do or commit any act with intent and design to cut away, cast adrift, remove, alter, deface, sink or destroy or in any other way injure or conceal any boat, buoy, buoy-rope or mark shall incur the penalties of the 10th Class. (e) (e) The 1 and 2 Geo. IV. c. 76, and 2 Geo. III. c. 28, contain provisions relating to similar offences within the Cinque Ports and the River Thames. ART. 34. Whosoever shall knowingly have in his possession, or make or manufacture any gunpowder, explosive substance or any dangerous or noxious thing, or any machine, engine, instrument or thing, with intent by means thereof to commit or for the purpose of enabling any other person to commit any offence punishable under any Article of this Section or Section 2 of Chapter XVII., or under Chapter XV. (ƒ), shall incur the penalties of the 12th Class. (f) The 9 and 10 Vict. c. 25, s. 8, from which the above Article is adopted, is confined to the making of things for enabling persons to commit some only of the offences referred to above; but it appears to us, that upon principle, the enactment should be as general, at least, as we have made it. Illegal solicitations. CHAPTER XXII. ILLEGAL SOLICITATIONS, CONSPIRACIES, ATTEMPTS AND REPETITIONS OF OFFENCES. SUMMARY OF CONTENTS. Article 1, Illegal solicitations; Art. 2-7, Conspiracy; Art. 8, Attempts to commit ART. 1. WHOSOEVER shall, by solicitation, advice, force, threat or otherwise, endeavour to procure, promote or compel the commission by any other person of any crime |