damaging trees, shrubs, &c. of the

28 Vic. c. 31. bark, root up, or otherwise destroy or damage the whole or any part of any tree, sapling or shrub, or any underwood, growing elsewhere than in any park, pleasure ground, garden, orchard or avenue, or in any ground adjoining to or belonging to any dwelling-house (in case the amount of injury done shall exceed the sum of five pounds), 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 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.

value of more than £5, growing elsewhere than in a pleasure ground, &c.

Damaging trees wheresoever growing, to the

amount of 1s.

Second offence.

XIX. Whosoever shall unlawfully cut, break, bark, root up, or otherwise destroy or damage the whole or any part of any tree, sapling or shrub, or any underwood, wheresoever the same may be growing (the injury done being to the amount 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 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, either against this or any former Act, 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 any lawful prison within the Colony, there to be kept to hard labour for such term, not exceeding twelve months, as the conThird offence. victing 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.

Destroying any fruit or

vegetable pro

duction in a garden.

Second offence.

XX. Whosoever shall unlawfully and maliciously destroy, or damage with intent to destroy, any plant, root, fruit or vegetable production, growing in any garden or orchard, shall, on conviction thereof before a Justice of the Peace, at the discretion of the Justice, either be committed to any lawful prison within the Colony, 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, 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 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.

XXI. Whosoever shall unlawfully and maliciously destroy, or 28 Vic. c. 31. damage with intent to destroy, any cultivated root or plant used for the food of man or beast, or for medicine, or for distilling, or Destroying, for dyeing, or for or in the course of any manufacture, and growing &c. vegetable in any land open or enclosed, not being a garden or orchard, shall, productions on conviction thereof before a Justice of the Peace, at the discre- not growing in gardens, &c. tion of the Justice, either be committed to any lawful prison within the Colony, 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, Second offence. either against this or any former Act, 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 any lawful prison within the Colony, there to be kept to hard labour for such term, not exceeding six months, as the convicting Justice shall think fit.

INJURIES TO FENCES.

XXII. Whosoever shall unlawfully and maliciously cut, break, Destroying, throw down, or in anywise destroy any fence of any description &c. any fence, wall, stile or whatsoever, or any wall, stile or gate, or any part thereof respecgate. tively, 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 con- Second offence. victed of any such offence, either against this or any former Act, 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 any lawful prison within the Colony, there to be kept to hard labour, for such term not exceeding twelve months, as the convicting Justice shall think fit.

INJURIES TO SEA-WALLS, &c.

canal.

XXIII. Whosoever shall unlawfully and maliciously break Destroying any down, cut down, or otherwise damage or destroy any sea-bank or sea-bank or sea-wall, or the bank, dam, or wall of, or belonging to any canal, wall on any drain, 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 damage, or destroy any quay, abutment, jetty, lock, sluice, flood-gate, drain, watercourse, or other works belonging to, or abutting on any port, harbour, dock or reservoir, or shall unlawfully and maliciously damage any public esplanade, or like public work, 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 one year, 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.

XXIV. Whosoever shall unlawfully and maliciously cut off, draw up, or remove any piles, blocks of stone, or other materials fixed in the ground, or otherwise used for securing any sea-bank, or sea-wall, or the bank, dam or wall of any canal, drain, aqueduct, marsh, reservoir, pool, port, harbour, dock, quay, abutment, wharf, jetty or lock, 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 three years, and not less than one year, 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.

XXV. Whosoever shall unlawfully and maliciously cut through, break down, or otherwise destroy the dam, flood-gate, or sluice of any fish, turtle or salt-pond, with intent thereby to take, or destroy any of the fish, turtle or salt in such pond, or so as thereby to cause the loss or destruction of any of the fish, turtle or salt, 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, turtle or salt that may then be, or that may thereafter be put, or produced or manufactured therein, or shall unlawfully and maliciously cut through, break down or otherwise destroy the dam or flood-gate 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 three years, and not less than one year, 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.

INJURIES TO WORKS OF ART.

XXVI. Whosoever shall unlawfully and maliciously destroy or damage any book, manuscript, picture, print, statue, bust, or vase, or any other article or thing, kept for the purposes of art, science, or literature, or as an object of curiosity in any museum, gallery, cabinet, library or other repository, which museum, gallery, cabinet, library or other repository, is either at all times, or from time to time, open for the admission of the public, or of any considerable number of persons, to view the same, either by the permission of the proprietor thereof, or by the payment of money before entering the same, or any picture, statue, monument or other memorial of the dead, painted glass, or other ornament or work of art in any church, chapel, meeting-house, or other place of Divine worship, or in any building belonging to the Queen, or to the Colonial Government, or in any street, square, churchyard, burial-ground, public garden or ground, or any statue or monument exposed to public view, or any ornament, railing or fence surrounding such statue or monument, shall be guilty of a misdemeanor, and being convicted thereof shall be liable to be imprisoned for any term not exceeding eighteen months, with or without hard labour, and, if a male under the age of sixteen years, with or without whipping: Provided, that nothing herein contained shall be deemed to affect the right of any person to recover by action at law damages for the injury so committed.

INJURIES TO CATTLE AND OTHER ANIMALS.

XXVII. Whosoever shall unlawfully and maliciously kill, maim 28 Vic. c. 31. or wound any cattle, shall be guilty of felony, and being convicted

thereof shall be liable, at the discretion of the Court, to be kept Killing or

in penal servitude for any term not exceeding fourteen years, and maiming cattle. 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.

animals.

XXVIII. Whosoever shall unlawfully and maliciously kill, Killing or maim or wound any dog, bird, beast or other animal, not being maiming other cattle, but being either the subject of larceny at common law, or being ordinarily kept in a state of confinement, or for any domestic purpose, shall, on conviction thereof before a Justice of the Peace, at the discretion of the Justice, either be committed to any lawful prison within the Colony, 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 injury done such sum of money, not exceeding twenty pounds, as

to the Justice shall seem meet; and whosoever, having been con- Second offence. victed of any such offence, 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 any lawful prison within the Colony, there to be kept to hard labour for any term not exceeding twelve months, as the convicting Justice shall think fit.

INJURIES TO SHIPS, &C.

XXIX. Whosoever shall unlawfully and maliciously set fire to, or cast away, or in anywise destroy any ship or vessel within the limits of the Government of the Bahama Islands, or who shall conspire, or otherwise agree or combine with any other person or persons, to set fire to, or cast away or in any otherwise destroy, or who shall do anything tending to the loss, destruction or placing in peril of any vessel in the limits aforesaid, whether such vessel shall be insured or not, or whether the owner thereof shall be known or not, 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.

Setting fire to, casting away or otherwise destroying

ships.

set fire to a

vessel.

XXX. Whosoever shall unlawfully and maliciously, by any Attempting to overt act, attempt to set fire to, cast away, or destroy any ship or vessel under such circumstances, that if the ship or vessel were thereby set fire to, cast away or destroyed, 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 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.

XXXI. Whosoever shall unlawfully and maliciously place or Placing gun

28 Vic. c. 31.

powder near a

vessel with intent to damage it.

throw in, into, upon, against, or near any ship or vessel, any gunpowder or other explosive substance, with intent to destroy or damage any ship or vessel, or any machinery, working tools, goods or chattels, shall, whether or not any explosion take place, and whether or not any injury be effected, 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 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.

Damaging XXXII. Whosoever shall unlawfully and maliciously damage ships otherwise otherwise than by fire, gunpowder or other explosive substance, than by fire. any ship or vessel, whether complete or in an unfinished state, with intent to destroy the same, or render the same useless, 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.

Exhibiting

false signals,

&c.

Removing or concealing buoys and other sea marks.

Destroying wrecks or any

XXXIII. Whosoever shall unlawfully mask, alter or remove any 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 hereinbefore provided, 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.

XXXIV. Whosoever shall unlawfully and maliciously cut away, cast adrift, remove, alter, deface, sink or destroy, or shall unlawfully or 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, buoyrope, beacon or mark, used or intended for the guidance of seamen, or for the purpose of navigation, 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.

XXXV. Whosoever shall unlawfully and maliciously destroy any part of any ship or vessel, which shall be in distress, or articles belong-wrecked, stranded or cast on shore, or any goods, merchandize or ing thereto. articles of any kind, belonging to such ship or vessel, or who shall unlawfully and maliciously destroy or damage any vessel, whether the same be complete or in an unfinished state, in any manner not coming within the preceding sections of this Act, shall be guilty of felony, and being convicted thereof shall be liable, at the dis