ARTICLE 381.

MALICIOUS MISCHIEF FIVE YEARS PENAL SERVITUDE.

Every one commits felony, and is liable upon conviction thereof to five years penal servitude as a maximum punishment, who unlawfully and maliciously

(a.) cuts, breaks, barks, roots up, or otherwise destroys or damages the whole or any part of any tree, sapling, shrub, or any underwood, if the injury done exceeds the sum of £5, 2 or the sum of £1 if the thing injured grows in any park, pleasure ground, garden, orchard, or avenue, or in any ground adjoining or belonging to any dwelling-house; or

(b.) 3 cuts or injures any electric line or work with intent to cut off any supply of electricity.

ARTICLE 382.

MAKING AND POSSESSING GUNPOWDER FOR CERTAIN PURPOSES.

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Every one commits a misdemeanor, and is liable upon conviction thereof to a maximum punishment of two years imprisonment and hard labour, who knowingly has in his possession, or makes or manufactures any gunpowder, ex

124 & 25 Vict. c. 97, ss. 21, S. W., 20, S. W. These sections are thus arranged in the Act (20.): Whoever cuts. . . trees. . . in any park, &c., if the damage exceeds £1, is guilty of felony, &c. (21.) Whoever cuts . . trees... not growing in any park, &c., if the damage done exceeds £5, is guilty of felony, &c. The text is only half as long, and has precisely the same meaning.

These sums are exclusive of consequential damage. A did injury to the amount of £1 to a hedge which it would cost £4 14s. 6d. to replace. This is injury to the amount of £1, not to the amount of £5 14s. 6d. : R. v. Whiteman, Dear. 353 (upon 7 & 8 Geo. 4, c. 30, s. 19).

345 & 46 Vict. c. 56, s. 22. "Electric line " is defined to mean 66 a wire or wires conductor or other means used for the purpose of conveying, transmitting or distributing electricity with any casing, coating, covering, tube, pipe, or insulator enclosing, surrounding, or supporting the same or any part thereof, or any apparatus connected therewith for the purpose of conveying, transmitting, or distributing electricity or electric currents.

"Works" means and includes electric lines, also any buildings, machinery, engines, works, matters or things of whatever description required to supply electricity and to carry into effect the object of the undertakers under the Act. 4 24 & 25 Vict. c. 100, s. 64, S. W.; 24 & 25 Vict. c. 97, s. 54, S. W. The felonies in question are those specified in this chapter, and in chapters xxiv.xxx., both inclusive, and in Articles 74 and 168.

plosive substance, dangerous or noxious thing, machine, engine, instrument, or thing with intent thereby or by means thereof, to commit, or for the purpose of enabling any other person to commit any felony mentioned in the 24 & 25 Vict. c. 100, or the 24 & 25 Vict. c. 97.

ARTICLE 383.

SUNDRY INJURIES TO PROPERTY.

Every one commits a misdemeanor, and is liable upon conviction thereof to the punishments or other consequences stated in the schedule printed in the note hereto, who unlawfully and maliciously does any of the following things (that is to say):

(a.) who being possessed of any building or part of any building as tenant for a term, at will, or on sufferance, or held over after the termination of any tenancy, pulls down or demolishes, or begins to pull down or demolish the same or any part thereof, or pulls down or severs from the freehold any fixture being fixed in or to, or being part of such building; or

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(b.) 3 who cuts, breaks, barks, roots up, or otherwise de

For third and other offences, maxi- On indictment. mum punishment of two years im

prisonment and hard labour, S.W.

124 & 25 Vict. c. 97, s, 13.

2 "any dwelling-house or other building, or part of any dwelling-house or

other building."

24 & 25 Vict. c. 97, s. 22.

stroys or damages the whole or part of any tree, sapling, or shrub, or any underwood wheresoever growing, to the amount of one shilling at the least; or

(c.) who destroys or damages with intent to destroy any plant, root, fruit, or vegetable production growing in any garden, orchard, nursery ground, hothouse, greenhouse, or conservatory; or

(d.) who 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 on any land not being a garden, orchard, or nursery ground; or

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(e.) who cuts, breaks, throws down, or in anywise destroys any fence of any description whatever, or any wall, stile, gate, or any part thereof; or

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(f.) who throws down, levels, or otherwise destroys in whole or in part any turnpike gate or toll-bar, or 3 fence belonging to any turnpike or toll-bar, so set up or erected to prevent passengers from passing by without payment of any toll directed to be paid by any Act of Parliament, or any house, building, or weighing engine erected for the better correction, ascertainment, or security of any such toll; or

(g.) who cuts, breaks, throws down, destroys, injures, or removes anything whatever being part of or used in or

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(g) Sect. 37. Maximum punishment, two years imprisonment with hard labour. Provided that if the justice before whom any person is examined thinks it expedient for the ends of justice, he may inflict maximum punishment of imprisonment with hard labour for three months, or a maximum fine of £10.

On indictment.

On indictment.

On summary conviction.

124 & 25 Vict. c. 97 s. 25.

2 Ibid. s. 34.

3 66 any wall, chain, rail, post, bar, or other fence."

424 & 25 Vict. c. 97, s. 37.

5 66 any battery, machinery, wire, cable, post, or other matter or thing whatsoever."

about any electric or magnetic telegraph, or in the working thereof, or prevents or obstructs in any manner whatever the sending, conveyance, or delivery of any communication by any such telegraph; or

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(h.) who by any overt act attempts 2 to commit any offence specified in clause (g.); or

(i.) 3 who destroys or damages any book, manuscript, work of art, or thing kept for the purposes of art, science, or literature, or as an object of curiosity in any 5 repository open at all times or from time to time for the admission of the public, or to any considerable number of persons, whether by the permission of the proprietor, or by the payment of money; or

any picture, statue, monument, or other memorial of the dead, painted glass, or other ornament or work of art in any place of divine worship or public building, or ' public place, churchyard, or burial ground; or

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any statue or monument exposed to public view, or any

(h) Sect. 38. Maximum punishment of three

(i) Sect. 39.

months imprisonment with hard
labour, or maximum fine of £10.

How inflicted.

On conviction be

fore a justice of the peace.

Misdemeanor. Maximum punishment On indictment. six months imprisonment and hard

labour, W.

124 & 25 Vict. c. 97, s. 38.

2 How can a man possibly attempt without an "overt act." See section on Attempts.

8 24 & 25 Vict. c. 97, s. 39, W.

=

Work of art picture, print, statue, bust, vase, or any other article or thing kept for the purposes of art.

5 "museum, gallery, cabinet, library, or other depository."

See definition of these words in Art. 1 (a.) from "belonging to the Queen" to "Inn of Court."

7 public place = street, square, public garden or ground.