Felony; transportation for life, or not less than fifteen years; or imprisonment, [with or without hard labour, and solitary for not more than one month at a time, or three months in a year, s. 12], for not more than three years. 1 Viet, c. 89, s. 9. An attempt to commit this offence, is made felony, and punishable with transportation for not more than fifteen years; or imprisonment, [with or without hard labour, s. 11], for not more than two years. 8 & 9 Vict. c. 25, s. 7. Evidence. To maintain this indictment, the prosecutor must prove 1. That the prisoner set fire to the mine in question; see ante, p. 486; and that the mine at the time was in the ocenpation of C. D., and situated as described in the indictment. 2. That the prisoner did it maliciously. But if it be proved that he did it wilfully, the jury may from that fairly presume malice. If the prosecutor fail in proving the offence, but prove an attempt to commit it, the defendant may be found guilty of the attempt, on this indictment, (14 & 15 Vict. c. 100, s. 9, ante, p. 124,) and be punished in manner above mentioned. Drowning a Mine. Indictment. The jurors for our Lady the Queen, upon their to wit. oath present, that A. B., on the day of in the year of our Lord —, unlawfully, maliciously, and feloniously did cause a large quantity of water to be conveyed into a certain mine ["any mine, or any subterraneous passage communicating therewith"] of C. D., situate in the parish of, in the county of with intent thereby then to damage the said mine, and to hinder and delay the working thereof [“ with intent thereby to destroy or damage such mine, or to hinder or delay the working thereof"]: against the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity. Felony; transportation for seven years; or imprisonment, [with or without hard labour, s. 27], for not more than two years, and if a male, to be once, twice, or thrice publicly or privately whipped, if the court think fit. 7 & 8 G. 4, c. 30, s. 6. Evidence. To maintain this indictment, the prosecutor must prove 1. That the prisoner caused the water to be conveyed into the mine, in the parish, &c., as stated in the indictment; and that the mine was then in the possession of C. D. See R. v. Jones, 1 Car. & K. 181. But if there be any variance between the indictment and proof, in the name of the owner or occupier, the indictment may be amended in that respect. 2. The intent, either to damage the mine, or to hinder or delay the working of it. And if the natural effect of the act done, would be to damage the mine, or to hinder or delay the working of it, the jury may fairly presume that the act was done with that intent, unless the contrary be shown on the part of the prisoner. Proof that it was wilfully done, is sufficient proof of malice. It is provided, however, by the statute, (7 & 8 G. 4, c. 30, .6), that it 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." Filling up or obstructing Airways or Shafts, &c., of Mines. Indictment. The jurors for our Lady the Queen, upon their to wit. oath present, that A. B., on the day of in the year of our Lord- -, unlawfully, maliciously, and feloniously did fill up and obstruct ["pull down, fill up, or obstruct"] a certain airway ["any airway, waterway, drain, pit, level, or shaft"] of and belonging to a certain mine of C. D., situate in the parish of, in the county of; with intent thereby to damage the said mine and to hinder and delay the working thereof, [the same intent as in the last case]: against the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity. Felony; transportation for seven years; or imprisonment [with or without hard labour, s. 27], for not more than two years, and if a male, to be once, twice, or thrice publicly or privately whipped, if the court think fit. 7 & 8 G. 4, c. 30, s. 6. Evidence. To maintain this indictment, the prosecutor must prove 1. That the plaintiff filled up the airway, &c., as stated. The statute, (7 & 8 G. 4, c. 30, s. 6), however, contains a proviso, that it 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." Where the occupiers of adjoining mines had a dispute respecting them, and one of them, in order to assert his right, ordered his men to build a wall across an airway, which would have the effect of driving back the choke damp upon the other's mine, and prevent the working of it: the workmen being indicted for obstructing the airway, Ld. Abinger, C. B., held that if they bona fide believed that in obeying their master they were only exercising a right which he possessed, they could not be convicted; but if they knew he had no such right, it would be otherwise. R. v. James, 8 Car. & P. 131. 2. That the mine was then in the occupation of C. D., as ante, p. 509 and is situate as described in the indictment. 3. The intent either to damage the mine, or to hinder or delay the working of it, as in the last case. Damaging the Steam Engines, Staiths, Waggon-ways, &c. of Mines. Indictment. The jurors for our Lady the Queen, upon their day of to wit oath present, that A. B., on the in the year of our Lord, unlawfully, maliciously, and feloniously did pull down and destroy ["pull down or destroy, or damage with intent to destroy or render useless"] a certain steam engine of C. D., for sinking, draining, and working a certain mine of the said C. D. ["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 or waggon-way, or trunk for conveying minerals from any mine, whether completed or in an unfinished state"] situate in the parish of, in the county of : against the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity. Felony; transportation for seven years-or imprisonment, [with or without hard labour, s. 27], for not more than two years, and if a male, to be once, twice, or thrice publicly or privately whipped, if the court think fit. 7 & 8 G. 4, c. 30, ss. 7, 6. Evidence. To maintain this indictment, the prosecutor must prove 1. That the prisoner pulled down or destroyed the engine, as stated; and that the engine was, at the time, used or erected for the purpose mentioned in the indictment. It is immaterial whether it was completed or in an unfinished state, at the time. 7 & 8 G. 4, c. 30, s. 7. Where a man was indicted for damaging a steam engine belonging to a coal mine with intent to render it useless, it appeared that he entered the engine-house (which was locked) at night, and set the engine going, which, being at the time disconnected with the machinery by which the coals were brought up from the mine, worked with extraordinary velocity, so as to put several parts of the machinery out of gear, and would have created serious damage if it had not been timely discovered, and the engine stopped: Gurney, B., left it to the jury to say, whether the intent of the prisoner was either to destroy the engine or to render it useless, for if so the case was within the statute. R. v. Norris, 9 Car. & P. 241. But where upon such an indictment for damaging a steam engine, it appeared that it was not the engine itself which was damaged, but a cylinder called a drum, worked by the engine, and round which revolved the rope which brought the coals to the pit's mouth: it was holden that as the drum was no part of the engine, the offence stated was not proved. R. v. Whittingham, 9 Car. § P. 234. In this last case, upon another count for damaging an "erection" used for conducting the business of the mine, it appeared that the pit at the bottom was flooded, but at some distance higher up the shaft there was a seam of coal, and for the purpose of working it, the prosecutor had erected a scaffolding at the level across the shaft; and that the prisoner, knowing this, had thrown a corve (a small waggon) down the shaft, and thereby greatly injured the scaffold: Patteson, J., held that the scaffold was an erection within the meaning of the statute. Id. 2. That the mine at the time was in the possession or occnpation of C. D., as ante, p. 508; and situate as described in the indictment. 3 That the prisoner committed the offence maliciously: but if he did it wilfully, the jury may fairly presume malice from that circumstance. 4. If the offence charged, be a damaging of the engine, &c., with intent to destroy it or render it useless, the intent must be proved from circumstances if it cannot be sufficiently implied from the act done. See the cases above cited. 5. Malicious Injuries to Rivers, Canals, Ponds, Bridges, Turnpike Gates, &c. Breaking down Sea or River Banks, and overflowing Lands. Indictment. The jurors for our Lady the Queen, upon their to wit. Soath present, that A. B., on the day of in the year of our Lord -, unlawfully, maliciously, and feloniously, did break down and cut down [" break down or cut down"] a certain part of the bank of a canal [“ any seabank, or sea-wall,—or the bank or wall of any river, canal, or marsh"] called -, in the parish of, in the county of ; by means whereof certain lands there were then [in] danger of being] overflowed and damaged: against the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity. Felony; transportation for life, or not less than seven years-or imprisonment [with or without hard lahour, s. 27] for not more than four years, and if a male, to be once, twice, or thrice publicly or privately whipped, if the court think fit. 7 & 8 G. 4, c. 30, s. 12. Evidence. To maintain this indictment, the prosecutor must prove 1. That the defendant cut or broke down the part of the canal bank mentioned in the indictment; and the parish and county in which it was situate. And if it be proved to have been done wilfully, the jury may fairly presume it to have been done maliciously. |