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&c., to the

cut, break, bark, root up, or otherwise destroy or or damagdamage the whole or any part of any tree, sapling, ing trees, shrubs, or shrub, or any underwood, growing elsewhere than in any park, pleasure ground, garden, orchard, or value of avenue, or in any ground adjoining to or belonging more than 51. growing to any dwelling house, (in case the amount of injury elsewhere done shall exceed the sum of five pounds,) shall be than in a guilty of felony, and being convicted thereof shall pleasure be liable, at the discretion of the Court; to be kept in ground, penal servitude for the term of three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping.

Note.—This clause is taken from the 7 & 8 Geo. 4, c. 30, s. 19. The 9 Geo. 4, c. 56, s. 19 (I.), was similar as to the daytime. See the last note.

As to hard labour, &c., see ante, p. 5.

&c.

whereso

18.

22. Whosoever shall unlawfully and maliciously Damaging cut, break, bark, root up, or otherwise destroy or trees, damage the whole or any part of any tree, sapling, ever growor shrub, or any underwood, wheresoever the same ing, to the may be growing, the injury done being to the amount amount of of one shilling at the least, shall, on conviction thereof before a justice of the peace, at the discretion of the justice, either be committed to the common gaol or house of correction, 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, over and above the amount of the injury done, such sum of money, not exceeding five pounds, as to the justice shall seem meet; and whosoever, having been convicted of any such offence, Second either against this or any former Act of Parliament, shall afterwards commit any of the said offences in this section before mentioned, and shall be convicted thereof in like manner, shall for such second offence be committed to the common gaol or house of correction, there to be kept to hard labour for such

offence.

Third

offence.

vegetable

term, not exceeding twelve months, as the convicting justice shall think fit; and whosoever, .having been twice convicted of any such offence, (whether both or either of such convictions shall have taken place before or after the passing of this Act,) shall afterwards commit any of the said offences in this section before mentioned, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping.

Note. This clause is taken from the 7 & 8 Geo. 4. c. 30, s. 20, and is extended to Ireland. There was a similar clause, but confined to damage done between sunrise and sunset, in the 14 & 15 Vict. c. 92, s. 3 (I.), and there was no provision in it for any subsequent offence.

As to hard labour, &c., see ante, p. 5.

Destroying 23. Whosoever shall unlawfully and maliciously any fruit or destroy, or damage with intent to destroy, any plant, production root, fruit or vegetable production, growing in any in a garden. garden, orchard, nursery ground, hothouse, green

Second offence.

house, or conservatory, shall, on conviction thereof before a justice of the peace, at the discretion of the justice, either be committed to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, for any term not exceeding six months, or else shall forfeit and pay, over and above the amount of the injury done, such sum of money not exceeding twenty pounds as to the justice shall seem meet; and whosoever, having been convicted of any such offence, either against this or any former Act of Parliament, shall afterwards commit any of the said offences in this section before mentioned, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for the term of three years, or to be im

prisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping.

Note. This clause is taken from the 7 & 8 Geo. 4, c. 30, s. 21. There was a similar clause in the 14 & 15 Vict. c. 92, s. 3 (I.).

As to hard labour, &c., see ante, p. 5.

24. Whosoever shall unlawfully and maliciously Destroying, destroy, or damage with intent to destroy, any culti- &c., vegetable provated root or plant used for the food of man or beast, ductions or for medicine, or for distilling, or for dyeing, or for not growing in gardens, or in the course of any manufacture, and growing in &c. any land, open or inclosed, not being a garden, orchard, or nursery ground, shall, on conviction thereof before a justice of the peace, at the discretion of the justice, either be committed to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, for any term not exceeding one month, or else shall forfeit and pay, over and above the amount of the injury done, such sum of money not exceeding twenty shillings as to the justice shall seem meet, and in default of payment thereof, together with the costs, if ordered, shall be committed as aforesaid for any term not exceeding one month, unless payment be sooner made; and whosoever, having been convicted of any such offence either against this or any Second former Act of Parliament, shall afterwards commit offence. any of the said offences in this section before mentioned, and shall be convicted thereof in like manner, shall be committed to the common gaol or house of correction, there to be kept to hard labour for such term not exceeding six months as the convicting justice shall think fit.

Note.-This clause is taken from the 7 & 8 Geo. 4, c. 30, s. 22. There was a similar clause in the 14 & 15 Vict. c. 92, s. 3 (I.).

Destroying &c., any

stile, or

gate.

Injuries to Fences.

25. Whosoever shall unlawfully and maliciously cut, break, throw down, or in anywise destroy any fence, wall, fence of any description whatsoever, or any wall, stile, or gate, or any part thereof respectively, shall, on conviction thereof before a justice of the peace, for the first offence forfeit and pay, over and above the amount of the injury done, such sum of money not exceeding five pounds as to the justice shall seem meet; and whosoever, having been convicted of any such offence, either against this or any former Act of Parliament, shall afterwards commit any of the said offences in this section before mentioned, and shall be convicted thereof in like manner, shall be committed to the common gaol or house of correction, there to be kept to hard labour for such term not exceeding twelve months as the convicting justice shall think fit.

Second offence.

Setting fire

to a coal mine.

Note. This clause is taken from the 7 & 8 Geo. 4, c. 30, s. 23. There was a similar clause in the 14 & 15 Vict. c. 92, s. 3 (I.).

Injuries to Mines.

26. Whosoever shall unlawfully and maliciously set fire to any mine of coal, cannel coal, anthracite, or other mineral fuel, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life or for any term not less than three years,—or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping.

Note.

This clause is taken from the 7 Will. 4 & 1 Vict. c. 89, s. 9; and 9 & 10 Vict. c. 25, 9, and extended so as to include anthracite and other mineral fuel.

S.

As to hard labour, &c., see ante, p. 5.

to set fire

to a mine.

27. Whosoever shall unlawfully and maliciously Attempting by any overt act attempt to set fire to any mine, under such circumstances that if the mine were thereby set fire to, the offender would be guilty of felony, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding fourteen and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping.

Note.—This clause is taken from the 9 & 10
Vict. c. 25, s. 7.

As to the words in italics, see the note to s. 7,
ante, p. 213.

As to hard labour, &c., see ante, p. 5.

28. Whosoever shall unlawfully and maliciously Conveying cause any water to be conveyed or run into any mine, water into or into any subterraneous passage communicating a mine, obstructing therewith, with intent thereby to destroy or damage the shaft, such mine, or to hinder or delay the working thereof, &c. or shall with the like intent unlawfully and maliciously pull down, fill up, or obstruct, or damage with intent to destroy, obstruct, or render useless, any airway, waterway, drain, pit, level, or shaft of or belonging to any mine, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding seven years and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping: Provided that this provision shall not extend to any damage committed under ground by any owner of any adjoining mine in working the same, or by any person duly employed in such working.

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