Page images
PDF
EPUB

unless the said sums shall be sooner paid ; [or, and I order that the said sums shall be paid by the said A. O. on or before the

day of :] and I direct that the said sum of

si. e, the penalty only) shall be paid to

of

aforesaid, in which the said offence was comınitted, to be by him applied according to the directions of the statute in that case made and provided; for that the said sum of

si. e. the penalty ) shall be paid to, &c. [as before,) and that the said sum of • i.e. the value of the articles stolen, or the amount of the injury done] shall * be paid to C.D. (the party aggrieved, unless he is unknown or has been exa* mined in proof of the offence, in which case state that fact, and dispose of the • whole like the penalty, as before ;) and I order that the said sum of . for costs shall be paid to

[the complainant.] Given under my • hand and seal, the day and year first above mentioned.'

LXXII. And be it enacted, That in all cases where the sum adjudged to be Appeal. paid on any summary conviction shall exceed five pounds, or the imprisonment adjudged shall exceed one calendar month, or the conviction shall take place before one justice only, any person, who shall think himself aggrieved by any such conviction, may appeal to the next court of general or quarter sessions which shall be holden not less than twelve days after the day of such conviction, for the county, riding, or division wherein the cause of complaint shall have arisen; provided that such person shall give to the complainant a notice in writing of such appeal, and of the cause and matter thereof, within three days after such conviction, and seven clear days at the least before such sessions, and shall also either remain in custody until the sessions, or enter into a recognizance with two sufficient sureties before a justice of the peace, conditioned personally lo appear at the said sessions and to try such appeal, and to abide the judgment of the court thereupon, and to pay such costs as sball be by the court awarded ; and upon such notice being given, and such recognizance being entered into, the justice, before whom the same shall be entered into, shall liberate such person if in custody; and the court at such sessions shall hear and determine the matter of the appeal, and shall make such order therein, with or without costs to either party, as to the court shall seem meel: and in case of the dismissal of the appeal, or the affirmance of the conviction, shall order and adjudge the offender to be punished according to the conviction, and to pay such costs as shall be awarded, and shall, if necessary, isste process for enforcing such judgment.

LXXIII. And be it enacted, That no such conviction or adjudication made No Certion appeal therefrom shall be quashed for want of form, or be removed by orari, &c. certiorari or otherwise into any of his Majesty's superior courts of record ; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the saine.

LXXIV. And be it enacted, That every justice of the peace, before whom Convictions to any person shall be convicted of any offence against this act, shall transmit be returned the conviction to the next court of general or quarter sessions which shall be to the quarter holden for the counts or place wherein the offence shall have been commit- Sessions. ted, there to be kept by the proper officer among the records of the court; and upon any indictment or information against any person for a subsequent How far evioffence, a copy of such conviction, certified by the proper officer of the dence in court, or proved to be a true copy, shall be sufficient evidence to prove a future Cases. conviction for the former offence, and the conviction shall be presumed to have been unappealed against, until the contrary be shewn,

LXXV. And, for the protection of persons acting in the execution of this Venue, in act, be it enacted, That all actions and prosecutions to he commenced against proceedings any person for any thing done in pursuance of this act shall be laid and tried against perin tbe county where the fact was committed, and shall be commenced within six sons acting calendar months after the fact committed and not otherwise ; and notice in under this writing of such action, and of the cause thereof, shall be given to the de- Act. fendant one calendar month at least before the commencement of the action, Notice of and in any such action the defendant may plead the general issue, and give action. this act and the special matter in evidence at any trial to be had thereupon ; General and no plaintiff shall recover in any such action if tender of suflicient amends issue, &c. shall have been made before such action brought, or if a sufficient sum of money shall have been paid into court after such action brought, by or on behalf of the defendant; and if a verdict shall pass for the defendant, or the

This act not to extend to Scotland or Ireland, except in two cases.

plaintiff shall become nonsuit, or discontinue any such action after issue joined, or if, opon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover bis full costs as between attorney and client, and have the like remedy for the same as any defendant hath by law in other cases; and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the judge before whom the trial shall be shall certify his approbation of the action, and of the verdict obtained thereupon.

LXXVI. Provided always, and be it enacted, That nothing in this act contained shall extend to Scotland or Ireland, except as follows ; (that is to say,) that if any person, having stolen or otherwise feloniously taken any chattel, money, valuable security, or other property whatsoever, in any one part of the United Kingdom, shall afterwards have the same property in his possession in any other part of the Uoited Kingdom, he may be dealt with, indicted, tried, and punished for larceny or theft in that part of the United King. dom where be shall so have such property, in the same manner as if he had actually stolen or taken it in that part; and if any person in any one part of the United Kingdom shall receive or have any chaitel, money, valuable security, or other property whatsoever, which shall have been stolen or otherwise feloniously taken in any other part of the United Kiogdom, such person knowing the said property to have been stolen or otherwise feloniously taken, he may be dealt with, indicted, tried, and punished for such offence in that part of the United Kingdom where he shall so receive or have the said property, in the same manner as if it bad been originally stolen or taken in that

Receivers.

part.

To extend to

LXXVII. And be it enaated, That where any felony or misdemeanor puoffences com

nisbable under this act, shall be committed within the jurisdiction of the Admitted at sea. miralty of England, the same shall be dealt with, enquired of, tried, and de

termined in the same manner as any other felony or misdemeanor committed within that jurisdiction.

[ocr errors]

An act for consolidating and amending the Laws in England relative to malicious Injuries to Property.

[21st June, 1827.]

Commence-
men of act.
Setting fire to
a Church,
Chapel,
House, or
certain
buildings.

WHEREAS various slatutes now in force in that part of the United Kingdom called England, relative to malicious injuries to property, are by an act of the present session of Parliament repealed, from and after the last day of June in the present year, except as to offences committed before or upon that day, and it is expedient that the provisions contained in those statutes should be amended and consolidated into this act, to take effect at the same time as the said repealing act: be it therefore enacted by the king's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, That this act shall commence on the first day of July in the present year.

II. And be it enacted, That if any person shall unlawfully and maliciously set fire to any church or chapel, or to any chapel for the religious worship of persons dissenting from the united church of England and Ireland, duly registered or recorded, or shall unlawfully and maliciously set fire to any house, stable, coach-house, out-house, warehouse, office, shop, mill, malt-house, hop-oast, barn, or granary, or to any building or erection used in carryiog on any trade or manufacture, or any branch thereof, whether the same or any of them respectively 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, every such offender shall be guilty of felony, and, being couvicted thereof, shall suffer death as a felon.

III. And be it enacted, That if any person shall unlawfully and maliciously Destroving cot, break, or destroy, or damage with intent to destroy or to render useless, silk, woollen, any goods or article of silk, woollen, linen, or cotton, or of any one or more linen, or cotof those materials mixed with each other, or mixed with any other material, ton goods in or any framework-knitted piece, stocking, hose, or lace respectively, being the loom, &c. in the loom or frame, or on any machine or engine, or on the rack or tenters, or any machior in any stage, process, or progress of manufacture; or shall unlawfully and maliciously cut, break, or destroy, or damage with intent to destroy or to ing to those render useless, any warp or shute of silk, woollen, linen, or cotton, or of any

manufactuone or more of those materials mixed with each other, or mixed with any other

o

res, &c. 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 the offences aforesaid, every such offender shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment,

VI. And be it enacted, That if any person shall unlawfully and maliciously Destroying cut, break, or destroy, or damage with intent to destroy or to render useless, threshing any thresbing machine, or any machine or engine, whether fixed or moveable, machines, or prepared for or employed in any manufacture whatsoever, (except the manu- machinery in facture of silk, woollen, linen, or cotton goods, or goods of any one or more any other of those materials mixed with cach other, or mixed with any other material, manufacture or any framework-knitted piece, stocking, hose, or lace,) every such offender than the shall be guilty of felony, and, being convicted thereof, shall be liable at the foregoing. discretion of ihe court, to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit,) in addition so such imprisonment.

V. And be it enacted, that if any person shall unlawfully and maliciously Setting fire to set fire to any mine of coal or cannel coal, every such offender shall be guilty a coal mine. of felony, and, being convicted thereof, shall suffer death as a felon.

VI. And be it enacted, that if any person shall unlawfully and maliciously Drowning any cause any water to be conveyed into any mine, or into any subterraneous mine, or fillpassage communicating therewith, with intent thereby to destroy or damage ing up any such wine, or to hinder or delay the working thereof, or shall, with the like shaft, &c. with intent, unlawfully and maliciously pull down, fill up, or obstruct any airway, intent to de- , waterway, drain, pit, level, or shaft of or belonging to any mine, every such stroy the offender shall be guilty of felony, and, being convicted thereof, shall be lia. mi

ereof 'shali halis. mine. ble, at the discretion of the Court, to be transported beyond the seas for the terın of seven years, or to be imprisoned for any term not exceeding two years; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit,) in addition to such imprisonment: provided always, that this provision shall not extend to any damage committed Proviso. under ground by any owner of any adjoining mine in working the same, or by any person duly employed in such working.

'VII. And be it enacted, that if any person shall unlawfully and maliciously Destroying poll down or destroy, or damage with intent to destroy or to render useless, any engine, any steam engine or other engine for sinking, draining, or working any mine, erection, &c. or any staith, building, or erection used in conducting the business of any used in any mine, or any bridge, waggonway, or trunk for conveying minerals from any mine. mine, whether such engine, staith, building, erection, bridge, waggonway, or trunk be completed or in an unfinished state, every such offender shall be guilty of felony, and, being convicted thereof, shall be liable to any of the punishments which the Court may award, as hereinbefore last mentioned.

VIII. And be it enacted, that if any persons, riotously and tumultuously as. Rioters demos sernbled together to the disturbance of the public peace, shall unlawfully and lishing. &c. a with force demolish, pull down, or destroy, or begin to demolish, pull down, church, or destroy, any church or chapel, or any chapel for the religious worship of chapel, house, or certain po

persons dissenting from the upited church of England and Ireland, duly rebuildings, or gistered or recorded, or any house, stable, coach-house, outhouse, warehouse, any machinery office, shop, mill, malthouse, hop oast, barn, or granary, or any building or in any manu- erection used in carrying on any trade or manufacture, or any branch thereof, factory or or any machinery, whether fixed or moveable, prepared for or employed in mine.

any manufacture, or in any branch thereof, or any steain 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, waggonway, or trunk for conveying minerals from any mine, every such offender shall be guilty of felony, and, being convicted thereof, shall suffer death as a

felon, Setting fire to IX. And be it enacted, that if any person shall unlawfully and maliciously or destroying set fire to, or in anywise destroy any ship or vessel, whether the same be coma ship.

plete or in an unfinished state, or shall unlawfully and inaliciously 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 on board the same, or any person that hath underwritten or sball underwrite any policy of insurance upon such ship or vessel, or on the freight thereof, or upon any goods on board the same, every such offender shall be guilty of fe

lony, and, being convicted thereof, shall suffer death as a felon. Damaging a X. And be it enacted, that if any person all unlawfully and maliciously daship, other mage, otherwise than by fire, any ship or vessel, whether complete or in an wise than by unfinished state, with intent to destroy the same, or to render the same usefire.

less, every such offender shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the Court, to be transporied beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit,) in addition to such imprisou

ment. Exhibiting XI. And be it enacted, that if any person shall exhibit any false light or false signals signal, with intent to bring any ship or vessel into danger, or shall unlawfully to a ship, &c. ; and maliciously do any thing tending to the immediate loss or destruction of destroying a any ship or vessel in distress, or destroy any part of any ship or vessel which shipwrecked

shall be in distress, or wrecked, stranded, or cast on shore; or any goods, mer

chili vessel or

chandize, or articles of any kind belonging to such ship or vessel, or shall by cargo, &e.

force prevent or impede any person endeavouring to save his life from such ship or vessel, (whether he shall be on board or shall have quitted the same,) every such offender shall be guilty of felony, and being convicted thereof,

shall suffer death as a felon. Destroying

XII. And be it enacted, that if any person shall unlawfully and maliciously any sea bank, break down or cut down any sea bank or sea wall, or the bank or wall of any &c. or works river, canal, or marsh, whereby any lands shall be overflowed or damaged, or on any river or shall be in danger of being so, or shall unlawfully and maliciously throw canal.

down, level, or otherwise destroy any lock, sluice, floodgate, or other work on any navigable river or canal, every such offender shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years; and, if a

male, to be once, twice, or 'thrice publicly or privately whipped (if the Court Removing the shall so think fit,) in addition to such imprisonment; and if any person shall piles of any unlawfully and maliciously cut off, draw up, or remove any piles, chalk, or sea bank, &c., other ipaterials fixed in the ground and used for securing any sea bank or sca damage to ob

wall or the bank or wall of any river, canal, or marsh, or shall unlawfully and struct the na

maliciously open or draw up any foodgate, or do any other injury or misvigation of a chief to any navigable river or canal, with intent and so as thereby to obstruct river or canal. or prevent the carrying on, completing, or maintaining the navigation thereof,

every such offender shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for the term of seven years, or to be imprisoned for any terın not exceeding two years ; and, if a male, to be ovce, twice, or thrice publicly or privately whipped (if the Court shall so think fit,) in addition to such impri

sonment. Injury to a

XIII. And be it enacted, that if any person shall unlawfully and maliciously public bridge. pull down or in anywise destroy any public bridge, or do any injury with in

tent and so as thereby to render such bridge or any part thereof dangerous or impassable, every such offender shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit,) in addition to such imprisonment.

XIV. And be it enacted, that if any person shall unlawfully and maliciously Destroying a thrown down, level, or otherwise destroy, in whole or in part, any turnpike- turnpike gate, gate, or any wall, chain, rail, post, bar, or other fence belonging to any turn- ton

any turn, toll house, &c. pike gate, or set up or erected to prevent passengers passing by without paying any toll directed to be paid by any act or acts of parliament relating thereto, or any house, building, or weighing engine erected for the betler collection, ascertainment, or security of any such toll, every such offender shall be guilty of a misdemeanor, and, being convicted thereof, shall be punished accordingly.

XV. And be it enacted, that if any person shall unlawfully and maliciously Breaking break down or otherwise destroy the dam of any fishpond, or of any water down the dam which shall be private property, or in which there shall be any private right of a fishery, of fishery, with intent thereby to take or destroy any of the fish in such pond &c. or mill. or water, or so as thereby to cause the loss or destruction of any of the fish, or shall unlawfully and maliciously put any lime or other noxious material in any such pond or water, with intent thereby to destroy any of the fish therein, or shall unlawfully and maliciously break down or otherwise destroy the dain of any millpond, every such offender shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit,) in addition to such imprisonment.

XVI. And be it enacted, that if any person shall unlawfully and maliciously Killing or kill, maim, or wound any cattle, every such offender shall be guilty of felony, maiming cat-and, being convicted thereof, shall be liable, at the discretion of the Court, to tle. be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit,) in addition to such imprisonment.

XVII. And be it enacted, that if any person shall unlawfully and maliciously Setting fire to set fire to any stack of corn, grain, pulse, straw, hay, or wood, every such of a stack of fender shall be guilty of felony, and, being convicted thereof, shall suffer corn, grain, death as a felon; and if any person shall unlawfully and maliciously set fire

straw, bay,

4.and manciously se ure &c. The like to any crop of corn, grain, or pulse, whether standing or cut down, or to any to certain part of a wood, coppice, or plantation of trees, or to any heath, gorze, furze, ces

e, crops, plantaor fern, wheresoever the same may be growing, every such offender shall be tions, and guilty of felony, and being convicted thereof, shall be liable, at the discretion heath. of the Court, to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit,) in addition to such imprisonment.

XVIII. And be it enacted, that if any person shall unlawfully and mali- Destroying ciously cut or otherwise destroy any hopbinds growing on poles in any planta- hopbinds. tion of hops, every such offender shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of ihe Court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any, term not exceeding four years; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit,) in addition to such imprsionment.

XIX. And be it enacted, That if any person shall unlawfully and mali- Destroying or ciously cut, break, bark, root up, or otherwise destroy or damage the whole damaging or any part of any tree, sapling, or shrub, or any underwood, respectively grow- trees, shrubs, ing in any park, pleasure ground, garden, orchard, or avenue, or in any &c. growing in

certain situaground adjoining or belonging to any dwelling-house, every such offender

itions, shall be

mani (in case the amount of the injury done shall exceed the sum of one pound) felony, if the shall be guilty of felony, and, being convicted thereof, shall be liable, at the volume

liable, at the value cxceeds discretion of the Court, to be transported beyond the seas for the term of iz seven years, or to be imprisoned for any term not exceeding two years; and,

« EelmineJätka »