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Damag

engines,

staiths,

waggon

ways, &c., for work

Note.

This clause is taken from the 7 & 8 Geo. 4, c. 30, s. 6, and 9 Geo. 4, c. 56, s. 7 (I.). The words in italics are new.

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

29. Whosoever shall unlawfully and maliciously ing steam pull down or destroy, or damage with intent to destroy, or render useless, any steam engine or other engine for sinking, draining, ventilating, or working, or for in anywise assisting in sinking, draining, vening mines. tilating, or working any mine, or any appliance or apparatus in connexion with any such steam or other engine, 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, whether such engine, staith, building, erection, bridge, waggonway, or trunk be completed or in an unfinished state, or shall unlawfully and maliciously stop, obstruct, or hinder the working of any such steam or other engine, or of any such appliance or apparatus as aforesaid, with intent thereby to destroy or damage any mine, or to hinder, obstruct, or delay the working thereof, or shall unlawfully and maliciously wholly or partially cut through, sever, break, or unfasten, or damage with intent to destroy or render useless, any rope, chain, or tackle, of whatsoever material the same shall be made, used in any mine, or in or upon any inclined plane, railway, or other way, or other work whatsoever, in anywise belonging or appertaining to or connected with or employed in any mine or the working or business thereof, 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.

Note. This clause is framed from the 7 & 8

Geo. 4, c. 30, s. 7; 9 Geo. 4, c. 56, S.
and 23 & 24 Vict. c. 29, s. 1.

8 (I.);

The first words in italics supply omissions in the former Acts.

The latter part in italics was introduced in order to embrace all malicious injuries to ropes and tackle used in the working and conducting the business of mines.

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

Injuries to Sea and River Banks, and to Works on
Rivers, Canals, &c.

30. Whosoever shall unlawfully and maliciously Destroying break down or cut down or otherwise damage or any sea bank, or destroy any sea bank or sea wall, or the bank, dam, wall on or wall of or belonging to any river, canal, drain, any canal. reservoir, pool, or marsh, whereby any land or building shall be or shall be in danger of being overflowed or damaged, or shall unlawfully and maliciously throw, break, or cut down, level, undermine, or otherwise destroy," any quay, wharf, jetty, lock, sluice, floodgate, weir, tunnel, towing-path, drain, watercourse, or other work belonging to any port, harbour, dock, or reservoir, or on or belonging to any navigable river or canal, 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 framed from the 7 & 8 Geo. 4, c. 30, s. 12, and 9 Geo. 4, c. 56, s. 12 (I.).

66

The words in italics are new; and in England the clause is new as far as it relates to any dam, drain, reservoir, weir, tunnel, towingpath, and watercourse," which words are taken from the 9 Geo. 4, c. 56, s. 12 (I.). These additions are very important amendments, as they

Removing

any sea bank, &c., or doing

to obstruct

gation of a river or

canal.

include cases where loss of life and great injury to property might ensue from such malicious acts. The Holmfirth Reservoir might have been maliciously let off by cutting through its dam, and there are many similar reservoirs and pools, which might be caused to inundate large districts by the destruction of their dams.

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

31. Whosoever shall unlawfully and maliciously the piles of cut off, draw up, or remove any piles, chalk, or other materials fixed in the ground, and used for securing any sea bank or sea wall, or the bank, dam, or wall any damage of any river, canal, drain, aqueduct, marsh, reservoir, the navi- pool, port, harbour, dock, quay, wharf, jetty, or lock, or shall unlawfully and maliciously open or draw up any floodgate or sluice, or do any other injury or mischief to any navigable river or canal, with intent and so as thereby to obstruct or prevent the carrying on, completing or maintaining the navigation thereof, 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.

Breaking

down the

Note. This clause is taken from the 7 & 8 Geo. 4, c. 30, s. 12, and 9 Geo. 4, c. 56, s. 13 (I.). The words in italics are introduced to extend the clause to protect the materials used to secure dams of drains, &c.

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

Injuries to Ponds.

32. Whosoever shall unlawfully and maliciously cut through, break down, or otherwise destroy the fishery, &c., dam, floodgate, or sluice of any fish pond, or of any

dam of a

fish.

water which shall be private property, or in which or mill there shall be any private right of fishery, with intent dam, or thereby to take or destroy any of the fish in such poisoning pond 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 that may then be or that may thereafter be put therein, or shall unlawfully and maliciously cut through, break down, or otherwise destroy the dam or floodgate of any mill pond, reservoir, or pool, shall be guilty of a misdemeanor, 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.

Note. This clause is taken from the 7 & 8 Geo. 4, c. 30, s. 15, and 9 Geo. 4, c. 56, s. 16 (I.).

Under the former enactments, if a man had destroyed the floodgate or sluice of a pond, or the dam of a reservoir or pool, he would not have been punishable. These defects are remedied by the words in italics.

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

Injuries to Bridges, Viaducts, and Toll Bars. 33. Whosoever shall unlawfully and maliciously Injury to pull or throw down or in anywise destroy any bridge a public 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 shall pass, or do 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

Destroying

gate, toll

impassable, 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 & 8 Geo. 4, c. 30, s. 13, and 9 Geo. 4, c. 56, s. 14 (I.). So much doubt had existed as to what was a public bridge, or part of one, which a county was bound to repair, in Rex v. Oxfordshire, 1 B. & Ad. 289; Rex v. Oxfordshire, 1 B. & Ad. 297, and Reg. v. Derbyshire, 2 Q. B. 745, that the words "whether over any stream of water or not," were introduced to remove that doubt, and to extend this clause to all bridges.

The clause is also extended to viaducts and aqueducts, so as to protect all those gigantic structures which have sprung either out of the construction of railways and canals, or from other causes.

The clause does not apply to private bridges, but any injury to a private bridge exceeding the amount of five pounds would bring the case within s. 51, post, 248, and if less than that sum, within s. 52, post, p. 249.

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

34. Whosoever shall unlawfully and maliciously a turnpike throw down, level, or otherwise destroy, in whole or house, &c. 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 of Parliament relating thereto, or any house, building, or weighing engine erected for the better collection, ascertainment, or security of any such toll, shall be guilty of a misdemeanor.

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