feloniously did pull down and destroy [“pull down or in anywise destroy any public bridge,-or do any injury, with intent and so as thereby to render such bridge or any part thereof dangerous or impassable"] a certain public bridge, 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 life, or not less than seven years; or imprisonment, [with or without hard labour, 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. 13. Evidence. To maintain this indictment, the prosecutor must proveThat the defendant pulled down or destroyed the bridge in question, within the parish, &c., or that he was present aiding and abetting in doing so. The act itself, if wilful, will be evidence of malice. Or if the act charged be, that he injured the bridge, with intent and so as thereby to render it dangerous or impassable, the prosecutor must prove the injury as laid, the intent, and that the effect was to render the bridge dangerous or impassable. Destroying Turnpike-gates, Weighing-machines, &c. 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 and maliciously did throw down, level, and destroy ["throw down, level, or otherwise destroy, in whole or in part"] a certain turnpikegate ["any turnpike-gate,—or any wall, chain, rail, post, bar, or other fence, belonging to any turnpike-gate, or set up or erected to prevent passengers passing by without paying any toll directed to be paid by any Act or Acts of parliament relating thereto,-or any house, building, or weighing-engine erected for the better collection, ascertainment, or security of any such toll"] called 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. Misdemeanor; fine, or imprisohment, or both, as at com mon law; 7 & 8 G. 4, c. 30, s. 14; the imprisonment to be with or without hard labour. Id. s. 27. Evidence. To maintain this indictment, the prosecutor must prove→→→ That the defendant threw down, levelled, or destroyed the turnpike-gate, or other thing stated in the indictment; and its local situation as described; and that the prisoner was either active in doing it, or was present aiding and abetting. That it was done purposely, will be sufficient evidence of its being done maliciously. 5. Malicious Injurics, with respect to Railways. Placing Wood, &c., on Rails, with intent, §c. 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 —, wilfully, maliciously, and felo niously did put, place, cast, and throw a piece of wood upon and across a certain railway, called · - in the parish of in the county of —, [“ put, place, or throw upon or across any railway any wood, stone, or other matter or thing,-or take up, remove, or displace any rail, sleeper, or other matter or thing belonging to any railway,—or turn, move, or divert any points or other machinery belonging to any railway, or make or show, hide or remove, any signal or light upon or near to any railway,—or do or cause to be done any other matter or thing"] with intent thereby then to obstruct and injure a certain engine and carriages using the said railway ["with intent to obstruct, upset, overthrow, injure, or destroy any engine, tender, carriage, or truck using such. railway, or to endanger the safety of any person travelling or being upon such railway"]: 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. [The intent may be laid in different ways in other counts, if deemed necessary. Felony; transportation for life, or not less than seven years;—or imprisonment with or without hard labour for not less than three years. 14 & 15 Vict. c. 19, s. 6. Costs as in other cases of felony. Id. s. 14. Evidence. To maintain this indictment, the prosecutor must prove 1. That the defendant placed or threw the piece of wood, &c., upon or across the railroad; the name of the road, the parish, &c.;-or that he did some of the other acts made punishable by the sixth section of the statute, as above mentioned, as laid in the indictment. 2. The intent as laid, which may be proved by circumstances from which the jury may presume it. If it was done wilfully, and was likely to produce the effect alleged to be intended, this of itself will be good primâ facie evidence of the intent. Throwing a Stone, &c., against or upon a Railway Carriage, &c., with intent, &c. Indictment. The jurors for our Lady the Queen, upon their day of to wit. Soath present, that A. B., on the in the year of our Lord wilfully, maliciously, and feloniously did cast and throw ["cast, throw, or cause to fall or strike"] a stone [“any wood, stone, or other matter or thing"] against and upon a certain carriage [“ engine, tender, carriage, or truck"] used upon a certain railway, called with intent thereby then to endanger the safety of the persons then being in the said carriage [“ any person in or upon such engine, tender, carriage, or truck"]: 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 for not less than seven years;—or imprisonment, with or without hard labour, for not more than three years. 14 & 15 Vict. c. 19, s. 7. Costs as in other cases of felony. Id. s. 14. Evidence. To maintain this indictment, the prosecutor must prove 1. That the defendant cast or threw the stone or other thing against or upon the railway carriage, as stated in the indictment. If it appear that he did it wilfully, the jury may fairly presume that he did it maliciously. 2. The intent as laid. This may in general be presumed from the act itself; or it may be proved by evidence of facts from which the jury may presume it. to wit. Setting fire to Stations or Warehouses, &c. Indictment. The jurors for our Lady the Queen, upon their oath present, that A. B., on the day of in the year of our Lord, wilfully, maliciously, and feloniously did set fire to a certain station ["station, enginehouse, warehouse, or other building"] in the parish of in the county of then belonging and appertaining to a certain railway, called and the property of the railway company [" belonging or appertaining to any railway, dock, canal, or other navigation"]: 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 labour, for not more than three years. 14 & 15 Vict. c. 19, s. 8. Costs as in other cases of felony. Id. s. 14. Setting fire to goods in any such building, &c., transportation for not more than ten, nor less than seven years,-or imprisonment, with or without hard labour, for not more than three years. Id. s. 8. Evidence. To maintain this indictment, the prosecutor must prove 1. That the defendant set fire to the station, as ante, p. 486. 2. That it belonged to the railway; and was the property, or in the occupation, of the railway company, mentioned in the indictment; and situated as there described. 7. Malicious Injuries to Works of Art. Destroying or Damaging anything kept for the purpose of Art or Science in a Museum. 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 and maliciously did damage [“ destroy or damage"] a certain by then [stating how], which said was then kept for the purposes of art and science and as an object of curiosity [“ art, science, or literature, or as an object of curiosity"] in a certain museum called ["museum, gallery, cabinet, library, or other repository"], which museum then was from time to time open for the admission of the public to view the same ["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"]: 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. Misdemeanor; imprisonment for not more than six months, and during that time the offender may be put to hard labour, or be once, twice, or thrice privately whipped, as the court shall direct. 8 & 9 Vict. c. 44, s. 1. Evidence. To maintain this indictment, the prosecutor must prove— 1. That the defendant damaged the article mentioned in the indictment. And if it be proved that he did it wilfully, it may fairly be presumed that he did it maliciously. 2. That the article was at the time kept in the museum mentioned in the indictment, for the purposes of art or science, or as a matter of curiosity. 3. That the museum was, either at all times, or from time to time, open for the admission of the public, or by permission of the proprietor, or upon payment of money, as stated in the indictment. Destroying or Damaging any Picture, Statue, or Monument in a Church or in Public. Indictment. The jurors for our Lady the Queen, upon their to wit. oath present, that A. B., on the in the year of our Lord day of unlawfully and maliciously did damage ["destroy or damage"] a certain monument of C. D., deceased, by [stating how], the said monument then being in the church of in the parish of -, in the |