with or without Costs to either Party, as to the Court shall seem meet; 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, issue Process for enforcing such Judgment.

No Certiorari, &c.

LXXIII. And be it enacted, That no such Conviction or Adjudication made on Appeal therefrom shall be quashed for Want of Form, or be removed by 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 same.

Convictions to be returned to Court of Sessions,

and kept as Records.

A certified
Copy Evidence.

Rule as to Proceedings against Persons acting under this Act.

Notice of Action. Pleadings.

LXXIV. And be it enacted, That every Justice of the Peace, before whom any Person shall be convicted of any Offence against this Act, shall transmit the Conviction to the next Court of General or Quarter Sessions which shall be holden for the County or Place wherein the Offence shall have been committed, 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 Offence, a Copy of such Conviction, certified by the proper Officer of the Court, or proved to be a true Copy, shall be sufficient Evidence to prove a Conviction for the former Offence, and the Conviction shall be presumed to have been unappealed against, until the contrary be shewu.

LXXV. And, for the Protection of Persons acting in the Execution of this Act, be it enacted, That all Actions and Prosecutions to be commenced against any Person for any thing done in pursuance of this Act shall be laid and tried in the County where the Fact was committed, and shall be commenced within Six Calendar Months after the Fact committed, and not otherwise; and Notice in Writing of such Action, and of the Cause: thereof, shall be given to the Defendant One Calendar Month at least before the Commencement of the Action; and in any such Action the Defendant may plead the General Issue, and give this. Act and the special Matter in Evidence at any Trial to be had thereupon; and no Plaintiff shall recover in any such Action if Tender of sufficient Amends 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 Plaintiff shall become nonsuit, or discontinue any such Action after Issue joined, or if, upon Demurrer or otherwise, Judgment shall be given against the Plaintiff, the Defendant shall recover his 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

Act not to extend to Scotland or Ireland,

except in Two

Cases.

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 United Kingdom, he may be dealt with, indicted, tried, and punished for Larceny or Theft in that Part of the United Kingdom where he 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 Chattel, Money, valuable Security, or other Property whatsoever, which shall have been stolen or otherwise feloniously taken in any other Part of the United Kingdom, 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 had been originally stolen or taken in that Part.

LXXVII. And be it enacted, That where any Felony or Mis- To extend to demeanor punishable under this Act, shall be committed within Offences comthe Jurisdiction of the Admiralty of England, the same shall be dealt with, inquired of, tried, and determined in the same Manner as any other Felony or Misdemeanor committed within that Jurisdiction.

mitted within the Admiralty Jurisdiction.

MALICIOUS INJURIES,

SEVENTH AND EIGHTH GEO. IV. CAP. XXX.

AN ACT FOR CONSOLIDATING AND AMENDING THE LAWS IN ENGLAND RELATIVE TO MALICIOUS INJURIES TO PROPERTY.

[Passed 21st June, 1827.]

[The Clauses of this Act are given verbatim from the public Act, printed by the King's Printers; but the Side Epitome has been made more conformable to the Text.]

WHEREAS various Statutes 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 Tem

Commencement of Act.

Setting fire to a Church, Cha pel, House, or other Building,

with Intent to injure or defraud.

poral, 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, Outhouse, Warehouse, Office, Shop, Mill, Malthouse, Hop Oast, Barn, or Granary, or to any Building or Erection used in carrying 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 convicted thereof, shall suffer Death as a Felon.

Destroying Goods in process of Manufacture.

III. And be it enacted, That if any Person shall unlawfully and maliciously cut, break, or destroy, or damage with Intent to destroy or to render useless, any Goods or Article of Silk, Woollen, Linen, or Cotton, or of any one or more of those Materials mixed with each other, or mixed with any other Material, or any Framework-knitted Piece, Stocking, Hose, or Lace respectively, being in the Loom or Frame, or on any Machine or Engine, or on the Rack or Tenters, or 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 render useless, any Warp or Shute of Silk, Woollen, Linen, or Cotton, or of any one or more of those Materials mixed with each other, or mixed with any other

Material,

Machines and
Implements.

Entering any

Building by Force, with

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.

Intent to commit such Of

fences.

Damaging

Threshing Machines or other Engines.

IV. And be it enacted, That if any Person shall unlawfully and maliciously cut, break, or destroy, or damage with Intent to destroy, or to render useless, any Threshing Machine, or any Machine or Engine, whether fixed or moveable, prepared for or employed in any Manufacture whatsoever (except the Manufacture of Silk, Woollen, Linen, or Cotton Goods, or Goods of any one or more of those Materials mixed with each other, or mixed with any other Material, or any Framework-knitted Piece, Stocking, Hose, or Lace), 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 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.

V. And be it enacted, That if any Person shall unlawfully and maliciously set fire to any Mine of Coal or Cannel Coal, every such Offender shall be guilty of Felony, and, being convicted thereof, shall suffer Death as a Felon.

Setting fire to

a Coal Mine.

Destroying or

damaging any

Mine or Works connected therewith.

VI. And be it enacted, That if any Person shall unlawfully and maliciously cause any Water to be conveyed into any Mine, or into any subterraneous Passage communicating therewith, with Intent thereby to destroy or damage such Mine, or to hinder or delay the working thereof, or shall, with the like Intent, unlawfully and maliciously pull down, fill up, or obstruct any Airway, Water-way, Drain, Pit, Level, or Shaft of or belonging to any Mine, 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 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 Exception. 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.

VII. And be it enacted, That if any Person shall unlawfully and maliciously pull down or destroy, or damage with Intent to destroy or to reuder useless, any Steam Engine or other Engine

for

Destroying Steam Engine or Erection, &e.

used for working any Mine, whether finish. ed or not.

for sinking, draining, or working any Mine, or any Staith, Building, or Erection used in conducting the Business of any Mine, or any Bridge, Waggon-way, or Trunk for conveying Materials from any Mine, whether such Engine, Staith, Building, Erection, Bridge, Waggon-way, 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 herein-before last mentioned.

Rioters de molishing Church, Chapel, House, Building, or Machinery.

VIII. And be it enacted, That if any Persons, riotously and tumultuously assembled together to the Disturbance of the Public Peace, shall unlawfully and with Force demolish, pull down, or destroy, or begin to demolish, pull down, or destroy, any Church or Chapel, or any Chapel for the Religious Worship of Persons dissenting from the United Church of England and Ireland, duly registered or recorded, or any House, Stable, Coach-house, Outhouse, Warehouse, Office, Shop, Mill, Malthouse, Hop Oast, Barn, or Granary, or any Building or Erection used in carrying on any Trade or Manufacture, or any Branch thereof, or any Machinery, whether fixed or moveable, prepared for or employed in any Manufacture, or in any Branch thereof, or any Steam 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, Waggon-way, or Trunk for conveying Materials from any Mine, every such Offender shall be guilty of Felony, and, being convicted thereof, shall suffer Death as a Felon.

Setting fire to

or destroying a Ship, to prejudice Persons interested in

:

same.

IX. And be it enacted, That if any Person shall unlawfully and maliciously set fire to, or in anywise destroy any Ship or Vessel, whether the same be complete or in an unfinished State, or shall unlawfully and maliciously 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 shall 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 Felony, and, being convicted thereof, shall suffer Death as a Felon.

Otherwise than by Fire.

X. And be it enacted, That if any Person shall unlawfully and maliciously damage, otherwise than by Fire, any Ship or Vessel, whether complete or in an unfinished State, with Intent to destroy the same, or to render the same useless, 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 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.

Exhibiting

false Signals to a Ship, or destroying any Part of a ship

XI. And be it enacted, That if any Person shall exhibit any false Light or Signal, with Intent to bring any Ship or Vessel into Danger, or shall unlawfully and maliciously do any thing tending to the immediate Loss or Destruction of any Ship or Vessel in Distress, or destroy any Part of any Ship or Vessel

which