24 & 25 Vict. With intent to destroy the same or render the same useless, shall be guilty of Felony (8). c. 97. Injuries to Exhibiting false signals, &c. 47. Whosoever shall unlawfully mask, alter, or remove any Ships, c. light or signal, or unlawfully exhibit any false light or signal, with intent to bring any ship, vessel, or boat into danger, or shall unlawfully and maliciously do anything tending to the immediate loss or destruction of any ship, vessel, or boat, and for which no punishment is herein-before provided, shall be guilty of Felony (t). Removing, injuring, or concealing boats, buoys, &c. Destroying wrecks or any thereto. 48. Whosoever shall unlawfully and maliciously cut away, cast adrift, remove, alter, deface, sink, or destroy, or shall unlawfully and maliciously do any act with intent to cut away, cast adrift, remove, alter, deface, sink, or destroy, or shall in any other manner unlawfully and maliciously injure or conceal any boat, buoy, buoy rope, perch, or mark (u) used or intended for the guidance of seamen or the purpose of navigation, shall be guilty of Felony (8). 49. Whosoever shall unlawfully and maliciously destroy articles belonging any part of any ship or vessel which shall be in distress, or wrecked, stranded, or cast on shore, or any goods, merchandise, or articles of any kind belonging to such ship or vessel, shall be guilty of Felony (8). Letters burn. 50. Whosoever shall send, deliver, or utter, or directly or threatening to indirectly cause to be received, knowing the contents thereof, any letter or writing threatening to burn or destroy any house, barn, or other building, or any rick or stack of grain, hay, or straw, or other agricultural produce, or any grain, hay, or straw, or other agricultural produce in or under any building, or any ship or vessel, or to kill, maim, or wound any cattle (x), shall be guilty of Felony (8). Sending letters threatening to burn, &c. Other Injuries. Malicious injuries exc. £5. 51. Whosoever shall unlawfully and maliciously (y) commit any damage, injury, or spoil to or upon any real or personal property whatsoever, either of a public or private nature, for which no punishment is herein-before provided, the damage, Bail Discretionary. Costs allowed. (8) Triable at Sessions. (t) Triable at Assizes. (u) For the same offence against the boats of the coastguard and customhouse officers, see 19 & 20 Vict. c. 75, s. 3, "CUSTOMS," ante, p. 185. (x) The person to whom a threatening letter is sent must be the person whose property is threatened to be burnt (R. v. Grimwade, 1 Cox, C. C. 67; 1 C. & K. 592; 8 J. P. 771). (y) The damage must be wilful and intentional; where the prisoner threw a stone intending to hit some people with whom he had been fighting, and the stone broke the prosecutor's window, it was held by the judges in the recent case of R. v. Pembliton in the Common Pleas (reported in "The Times" of 27 April, 1874, p. 13), that the prisoner could not be convicted on an indictment under s. 51 of this Act. injury, or spoil being to an amount exceeding £5 (z), shall be 24 & 25 Vict. guilty of a Misdemeanor (a). c. 97. 52. Whosoever shall wilfully or maliciously (b) commit any other Injuries. damage, injury, or spoil to or upon any real or personal property whatsoever, either of a public or private nature, damage. for which no punishment is herein-before provided (e) [Imprisonment, with or without hard labour, not exc. 2 months; or Penalty not exc. £5 together with compensation for the damage, &c., committed not exc. £5, which in the case of a private person is to be paid to the party aggrieved, and in the case of property of a public nature, as other penalties (d).] Malicious herein named. Provided that nothing herein contained shall extend to Not to extend to any case where the party acted under a fair and reasonable certain cases supposition that he had a right to do the act complained of (e), nor to any trespass, not being wilful and malicious, committed in hunting, fishing, or in the pursuit of game, but that every such trespass shall be punishable in the same manner as if this Act had not passed. to extend to trees. 53. The provisions in the last preceding section contained Preceding section shall extend to any person who shall wilfully or maliciously commit any injury to any tree, sapling, shrub, or underwood, for which no punishment is herein-before provided. (z) It is not necessary to allege in an indictment the value of articles injured, but only that the amount of the damage done to the several articles exceeded £5 in the aggregate (R. v. Thoman, 24 L. T. N. S. 398; 12 Cox, C. C. 54; 35 J. P. 518). But to sustain an indictment the damage exceeding £5 in the aggregate must be committed at one time (R. v. Williams, 9 Cox, C. C. 338; 14 Ir. Jur. 304). (a) Triable at Sessions. Bail Discretionary. Costs allowed (s. 77). (b) See note (y), ante, p. 464. (c) Two men were apprehended and charged before justices with setting fire to the letters in a pillar letter-box. Each was represented by an attorney; and the attorneys were asked whether the prisoners would plead guilty, or whether further evidence should be offered in support of the charge. They called on the attorney for the prosecution to prove his case, which he did. After the case was closed the attorneys for the prisoners objected that the justices had no jurisdiction, inasmuch as there was no information on oath, and that the prisoners were not found committing the offence, and were therefore not legally in custody; it was held that the justices had jurisdiction (Turner and another v. Postmaster-General, 34 L. J. M. C. 10; 5 B. & S. 757; 11 Jur. N. S. 137; 13 W. R. 89; 11 L. T. N. S. 369). Persons were charged under s. 10, and remanded. At a subsequent sitting this charge was abandoned, and they were ultimately convicted under this section. The conviction was right (Shepherd v. Postmaster-General, 34 L. J. Q. B. 11; 10 Cox, C. C. 15; 13 W. R. 89; 28 J. P. 759; 11 L. T. N. S. 369). (d) Procedure.-As in note (s), ante, p. 458. Penalty enforced by Imprisonment not exc. 2 months, with or without hard labour (s. 52). (e) The jurisdiction of the justices is not ousted by the mere bonâ fide belief of the person offending that his act was legal (White v. Feast, 41 L. J. M. C. 81; L. R. 7 Q. B. 351; 20 W. R. 382; 36 J. P. 436; 26 L. T. N. S. 611); but it is restricted to cases where the justices are satisfied of the fairness and reasonableness of a claim of right (R. v. Mussett, 20 W. R. 670; 36 J. P. 280; 26 L. T. N. S. 429). 24 & 25 Vict. c. 97. 54. Whosoever shall make or manufacture, or knowingly have in his possession, any gunpowder or other explosive Other Injuries, substance, or any dangerous or noxious thing, or any machine, engine, instrument, or thing, with intent thereby or by means Making or having thereof to commit, or for the purpose of enabling any other person to commit, any of the felonies in this Act mentioned, shall be guilty of a Misdemeanor (ƒ). gunpowder, &c. with intent to commit felony. 55. [Any justice of any county or place in which any machine, or thing, or any gunpowder or other explosive, dangerous, or noxious substance, is suspected to be made, for being used in any of the felonies in this Act, upon reasonable cause upon oath may issue a warrant for searching in the daytime any house, or other place, or any carriage, &c., in which the same is suspected to be made, kept, or carried; persons executing such warrants shall have the same powers and protections as under 23 & 24 Vict. c. 139, "GUNPOWDER," ante.] 56. [In felonies under this Act principals in the second degree and accessories before the fact are punishable as principals; accessories after the fact are punishable for misdemeanors. Abettors in misdemeanors are liable as principals (g).] 57. [Persons loitering at night, and suspected of felony (h).] 58. [Every punishment and forfeiture for maliciously committing an offence under this Act shall equally apply whether the offence shall be committed from malice against the owner of the property or otherwise.] 59. Every provision of this Act shall apply to every person who, with intent to injure or defraud, shall do any act hereinbefore made penal, although the offender shall be in possession of the property.] 60. [Intent to injure or defraud particular persons need not be stated in indictment.] 61. Any person found committing any offence against this Act, whether the same be punishable upon indictment or upon summary conviction, may be immediately apprehended, without a warrant, by any peace officer, or the owner of the property injured, or his servant, or any person authorized by him, and forthwith taken before some neighbouring justice of the peace, to be dealt with according to law. 62-79. [Procedure; see note (s), ante, p. 458.] (ƒ) Triable at Sessions. Bail Discretionary. Costs allowed (s. 77). (g) This section is substantially the same as 24 & 25 Vict. c. 96, s. 98, "LARCENY," ante. (h) This section is identical with 24 & 25 Vict. c. 96, s. 104, "LARCENY," ante. Marine Store Dealers. 17 & 18 VICT. c. 104, ss. 480–482. See also "METAL DEALERS," post. 480. Every person dealing in buying and selling anchors, Regulations. cables, sails or old junk, old iron, or marine stores of any description, shall conform to the following regulations; (that is to say,) (1.) He shall have his name, together with the words "Dealer in marine stores," painted distinctly in letters of not less than 6 inches in length on every warehouse or other place of deposit belonging to him; [Penalty not exc. £20 (k).] (2.) He shall keep a book or books, fairly written, and shall [Penalty not exc. £5;-any subsequent offence, not exc. £20 (4).] (4.) He shall not cut up any cable, or any similar article, exceeding 5 fathoms in length, or unlay the same into twine or paper stuff, on any pretence whatever, without obtaining such permit and publishing such notice of his having so obtained the same as is herein-after mentioned [Penalty not exc. £20;-any subsequent offence, not exc. £50 (k).] 481. [To obtain such permit he shall make a declaration Permit. before a justice, where he resides, containing the quality and description of the cable or article about to be cut up or unlaid, a statement that he acquired the same bona fide and without fraud or any suspicion of dishonesty, and the name and description of the person from whom he received it and such justice, or the receiver of the district, on production of such declaration, may grant the permit.] 482. [No such dealer shall proceed to cut up or unlay any Publication of cable or article until he has for the space of one week pre- permit. viously published in a newspaper of the place one or more (k) Procedure.-As in "MERCHANT SHIPPING," note (b), post, p. 494. c. 104. 17 & 18 Vict. advertisements of his having obtained such permit, with the nature of the article and where it is deposited and when it is to be cut up or unlaid; any justice, upon application on oath by any person suspecting such article to be his, may grant a warrant whereby such applicant may require the production by such dealer of the article and of his book of entries and may examine the same: Any dealer making default hereinPenalty not exc. £20;-any subsequent offence, not exc. £50 (7).] Selling outside market. Markets and Fairs. 10 VICT. c. 14 (m). See also "POLICE (METROPOLITAN)," post. Alteration of days for holding fairs, see 36 & 37 Vict. c. 37. 1-5. [Preliminary.] 6-12. [Construction and opening of markets.] 13. After the market place is opened for public use every person other than a licensed hawker (n) who shall sell or expose for sale in any place within the prescribed limits (o), except in his own dwelling place or shop (p), any articles in respect of which tolls are by the special Act authorized to be taken in the market [Penalty not exc. 40s. (4).] (1) Procedure. As in "MERCHANT SHIPPING," note (b), post, p. 494. (m) This Act extends only to markets and fairs authorized by any Act of Parliament incorporating this Act (s. 1). For the establishment of markets by the local board, see 21 & 22 Vict. c. 98, s. 50. (n) A pedlar's certificate under 34 & 35 Vict. c. 96, s. 6, is to have the same effect as a hawker's licence under this Act, and the term "licensed hawker" is to include a pedlar holding a certificate (“ PEDLARS," post). (0) The limits are those to which the local Act refers (Caswell v. Cook, 31 L. J. M. C. 185; 11 C. B. N. S. 637). (p) As to what wooden structure is within this exception, see Pope v. Whalley, 34 L. J. M. C. 76; 6 B. & S. 303; 11 Jur. N. S. 444; 13 W. R. 402; 29 J. P. 134; 11 L. T. N. S. 769; Ashworth v. Heyworth, 38 L. J. M. C. 91; 10 B. & S. 309; L. R. 4 Q. B. 316; 17 W. R. 668; 33 J. P. 565; 20 L. T. N. S. 439. An auctioneer's sale in a shop is within the exception (Wiltshire v. Willett, 31 L. J. M. C. 8; 11 C. B. N. S. 240; 10 W. R. 44; 26 J. P. 312; 5 L. T. N. S. 355). A ship moored to a wharf within the limits is not a shop (Wiltshire v. Baker, 11 C. B. N. S. 237; 10 W. R. 89; 5 L. T. N. S. 355). (4) Procedure (s. 52), under 8 & 9 Vict. c. 20.-Within 6 months; 2 justices (or one magistrate, s. 55). Offenders who are not known may be arrested (s. 154). Penalties enforced by imprisonment, under Small Penalties Act, if not exc. £5 with costs (Introd. p. 32); or by distress, in default imprisonment not exc. 3 months (s. 147): Payable, not exc. half to the informer, the rest to the overseers of the poor (s. 150). Appeal, as in "RAILWAYS," post. |