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. -2 Russell, 1073, note by Greaves.-See Procedure Act of 1869, sect. 94, as to solitary confinement, and sect. 49 of the same Act as to a verdict for an attempt to commit the misdemeanor charged in certain cases, upon an indictment for the misdemeanor itself. See post, sect. 74, as to fine in lieu or in addition to any punishment authorized by this Act, and sureties for the peace.

INJURIES TO BRIDGES, VIADUCTS, ETC., ETC.

Sect. 37.-Whosoever 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 shall be liable to be imprisoned in the Penitentiary for life or for any term not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour, and with or

without solitary confinement.-24-25 Vict., ch. 97, s. 33, Imp.

This clause by the words over any stream of water or not does away with the difficulties raised in Rex. vs. Oxfordshire, 1 B. & Ad. 289-297, and Reg. vs. 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. 59, post, and if less than that sum within sect. 60, post.

Indictment for pulling down a bridge.-.. tain bridge, situate

a cer

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, 541.

The intent, under this part of the 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, loc. cit.

See sect. 94, Procedure Act of 1869, as to solitary confinement, and sect. 49 of the same Act as to a verdict for an attempt to commit the offence charged, in certain cases, upon an indictment for the offence itself. See post, sect. 74, as to sureties for the peace.

DESTROYING TURNPIKE GATES, TOLL-BARS, ETC., ETC.

Sect. 38.-Whosoever 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 shall be liable to be punished by fine or imprisonment or both in the discretion of the Court.-24-25 Vict., ch. 97, s. 34, Imp.

See sect. 90, Procedure Act of 1869, as to punishment in such cases, also sect. 49 of the same Act, as to a verdict in cases where an attempt to commit the offence charged only is proved, and sect. 74, post, as to sureties for keeping the peace.

Indictment.

a certain turnpike gate situate unlawfully and maliciously did throw down,

level and destroy, against the form......

INJURIES TO RAILWAY TRAINS AND TELEGRAPHS..

Sect. 39.-Whosoever unlawfully and maliciously puts, places, casts or throws upon or across any railway, any wood, stone or other matter or thing, or unlawfully and maliciously takes up, removes or displaces any rail, sleeper or other matter or thing belonging to any railway, or unlawfully and maliciously turns, moves or diverts any point or other machinery belonging to any railway, or unlawfully and maliciously makes or shows, hides or removes any signal or light upon or near to any railway, or unlawfully and maliciously does or causes to be done any other matter or thing, with intent in any of the cases aforesaid to obstruct, upset, overthrow, injure or destroy any engine, tender, carriage or truck using such railway, is guilty of felony, and shall be liable to be imprisoned in the Penitentiary for life, or for any term

not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour.-24-25 Vict., ch. 97, sect. 35, Imp.

Sect. 40.-Whosoever, by any unlawful act or by any wilful omission or neglect, obstructs or causes to be obstructed, any engine or carriage using any railway, or aids or assists therein, is guilty of a misdemeanor, and shall be liable to be imprisoned in any gaol or place of confinement for any term less than two years, with or without hard labour.-24-25 Vict,, ch. 97, sect: 36, Imp.

Sect. 41.-Whosoever 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, or in the working thereof, or unlawfully and maliciously prevents or obstructs in any manner whatsoever the sending, conveyance or delivery of any communication by any such telegraph, is guilty of a misdemeanor, and shall be liable to be imprisoned in any gaol or place of confinement, other than a Penitentiary, for any term less than two years, with or without hard labour, unless some greater punishment is provided for the offence by any other Act in force, in which case such offender may be indicted and punished under this Act.-24-25 Vict., ch 97, s. 37, Imp.

Sect. 42.-Whosoever unlawfully and maliciously, by any overt act, attempts to commit any of the offences in the last preceding section mentioned, shall, on conviction thereof before a Justice of the Peace, at the discretion of the Justice, either be committed to the common gaol or any other place of confinement, there to be imprisoned

only, or to be imprisoned and kept to hard labour, for any term not exceeding three months, or else shall forfeit and pay such sum of money, not exceeding fifty dollars, as to the Justice seems meet.-24-25 Vict., ch. 97, s. 38, Imp.

The words in italics in sect. 41 are substituted to a proviso to be found in the English Statute, which empowers the Justice of the Peace summarily to convict the offender, if he is of opinion that it is not expedient to the ends of justice that the offence should be prosecuted by indictment; and as some offences against this section must be of a very trifling character, it is to be regretted that this proviso has been omitted in our Statute, though this is perhaps of no consequence, as to Ontario and Quebec, as ch. 67 of the Cons. Stat. of Canada, seems to be in force, and by sect. 1 of the General Repeal Act of 1869, proceedings for such offences may yet be taken under scct. 21 of the said ch. 67, C. S. C.

As to a verdict for an attempt to commit the felony charged, upon an indictment under sect. 39, in certain cases, see sect. 49 of the Procedure Act of 1869. As to sureties in felonies, and fine and sureties in misdemeanors, under this Act, see post, sect. 74.

....

in ...

See also remarks, under sections 31 and 33, of 32-33 Vict., ch. 20, Act concerning offences against the person. Indictment under sect. 39.— feloniously, unlawfully and maliciously did put and place a piece of wood upon a certain railway called with intent thereby then to obstruct, upset, overthrow, and injure a certain engine and certain carriages using the said railway, against the form ...... Archbold, 543. The intent may be laid in different ways, in different counts, if necessary.