7 & 8 Geo. 4, c. 30, s. 4. Destroying threshing machines, or machinery in any other manufacture than the foregoing. Destroying a threshing machine, taken to pieces in expectation of a mob. reference to any word denoting preparation for manufacture, and without any qualification before or after. The words which follow, or to burn, break, &c. any loom, &c., prepared for or employed in manufacturing," constitute a distinct branch of the sentence, and after them a new sentence commences. Upon this view of the two acts of Parliament, and considering that the word warp is a well known denomination of an article which is in some way or other prepared for or employed in manufacture, we are of opinion that it was not necessary to allege specifically in this case that the warp mentioned in the indictment was so prepared or employed." (d) By the 7 & 8 Geo. 4, c. 30, s. 4, " 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." (e) Upon an indictment for destroying a threshing machine it appeared that the prosecutor, in expectation of a mob coming to destroy his threshing machine, had himself taken it to pieces, and that the prisoners only broke the detached parts of it; but it was held that the offence was made out, although at the time when the machine was broken, it had been taken to pieces, and was in different places, only requiring the carpenter to put the pieces together again. (ƒ) So where the prisoner was indicted for destroying a threshing machine, and it appeared that it had been previously taken to pieces by the owner, by separating the arms and other parts of it, for the purpose of placing it in safety, but with a view to put it together again; and it was destroyed, whilst in this disjointed state; it was decided, that the offence was within the statute of the 7 & 8 Geo. 4, c. 30, s. 3. (g) So where certain side-boards were wanting to the machine at the time it was destroyed, but which did not render it so defective as to prevent it altogether from working, though it would not work so effectually as if those boards had been made good; it was held, that it was still a threshing machine within the meaning of the statute. (h) So also where the owner had removed a wooden stage belonging to the machine, on which the man who fed the machine was accustomed to stand, and had also taken away the legs; and it appeared in evidence, that though the machine could not be conveniently worked without some stage for the man to stand on, yet that a chair, or (d) Rex v. Ashton, 2 B. & Ad. 750. (e) See sec. 26, ante, p. 546, as to principals in the second degree and accessories, and sec. 27, and the 1 Vict. c. 90, s. 5, ante, p. 547, as to hard labour and solitary confinement. (f) Rex v. Mackerel, 4 C. & P. 448, Park, J. A. J., Bolland, B., and Patte son, J. (g) Rex v. Hutchins, 2 Deac. Cr. Dig. 1517, Read. Sp. Com. Park, J. A. J., Bolland, B., and Patteson, Js. (h) Rex v. Bartlett, 2 Deac. Cr. Dig. 1517, Salisb. Sp. Com. Vaughan, B., Parke and Alderson, Js. table, or a number of sheaves of corn, would do nearly as well, and that it could also be worked without the legs; it was held, that the machine was an entire one, within the act, notwithstanding the stage and legs were wanting. (i) machine. So where on an indictment for destroying a threshing machine, it Destroying the appeared that the machine was worked by water, and that the pro- water-wheel secutor, expecting a mob would come to break it, had had it taken of a threshing to pieces, and had removed the pieces to a barn at the distance of a quarter of a mile, leaving no part of it standing but the water-wheel and its axis and a brass joint, which was joined to the axis of the water-wheel, and that this water-wheel was broken by the prisoners. The water-wheel had been put up for the sole purpose of working the threshing machine, and had never been used for anything else, except sometimes to work a chaff-cutter, which was appended to the threshing machine; it was held that the wheel was part of the threshing machine, and that the damaging it was damaging a threshing machine within the meaning of the statute, and that it made no difference that the threshing machine was sometimes worked by horses when there was a scarcity of water. (j) But where the prosecutor had not only taken the machine to pieces, but had broken the wheel before the mob came to destroy it, for fear of having it set on fire and endangering his premises; and it was proved, that, without the wheel, the engine could not be worked; in this case it was held, that the remaining parts of the machine, which were destroyed by the mob, did not constitute a threshing machine within the meaning of the statute. (k) chines by a mob. Rioters demo Where, on an indictment for destroying a threshing machine, it Persons comappeared that the machine was broken by a mob, Patteson, J., pelled to allowed the witnesses to be asked whether many persons had not destroy mabeen compelled to join the mob against their will, and whether the mob did not compel each person to give one blow to each threshing machine they broke; and also whether, at the time when the prisoner and a witness called for the prisoner joined the mob they did not agree together to run away from the mob the first opportunity. (1) The 7 & 8 Geo. 4, c. 30, s. 8, enacts, "that if any persons, 7 & 8 Geo. 4, riotously and tumultuously assembled together to the disturbance of c. 30, s. 8. the public peace, shall unlawfully and with force demolish, pull lishing, &c. down, or destroy, or begin to demolish, pull down, or destroy any a church, church or chapel, or any chapel for the religious worship of persons chapel, house, dissenting from the united church of England and Ireland, duly buildings, or registered or recorded, or any house, stable, coach-house, outhouse, any machinery warehouse, office, shop, mill, malt-house, hop-oast, barn, or granary, factory or in any manuor any building or erection used in carrying on any trade or manu- mine. facture, 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 minerals from any mine, every such (i) Rex v. Chubb, 2 Deac. Cr. Dig. 1518, Salisb. Sp. Com. Vaughan, B., and Parke, J. (j) Rex v. Fidler, 4 C. & P. 449. Park, J. A. J., Bolland, B., and Patteson, J. (k) Rex v. West, 2 Deac. Cr. Dig. 1518, Salisb. Sp. Com. Alderson, J. (1) Rex v. Crutchley, 5 C. & P. 133. or certain offender shall be guilty of felony, and, being convicted thereof, shall suffer death as a felon." () The 4 & 5 Vict. c. 56, s. 2, recites this section, and so much of the act as "relates to principals in the second degree and accessories before the fact," and enacts," that from and after the commencement of this act (1st October, 1841) if any person shall be convicted of any of the said offences hereinbefore last specified, whether as principal, or as principal in the second degree, or as accessory before the fact, such person shall not be subject to any sentence, judgment, or punishment of death, but shall, instead of the sentence or judgment in and by the said act hereinbefore recited ordered to be given or awarded against persons convicted of the said last-mentioned offences, or any of them respectively, be liable, at the discretion of the Court, to be transported beyond the seas for any term not less than seven years, or to be imprisoned for any time not exceeding three years. By sec. 4, "in awarding the punishment of imprisonment for any offence punishable under this act, it shall be lawful for the Court to direct such punishment to be with or without hard labour in the common gaol or House of Correction, and also to direct that the offender shall be kept in solitary confinement for any portion or portions of such imprisonment, whether the same be with or without hard labour, not exceeding one month at any one time, and not exceeding three months in any one year, as to the Court in its discretion shall seem meet.” (m) Where an indictment contained counts founded on the 8th section for riotously demolishing certain machinery, and also counts founded on the third section for destroying certain looms, and it was objected that the two sets of counts were improperly joined, as the same judgment could not be passed on both; Bayley, J., said, "I see no difficulty. I do not see that the prisoners will be under any disadvantage; but I will speak to the Judges on the subject.” (n) (1) See vol. 1, p. 270, for the cases decided upon this section. (m) The 4 & 5 Vict. c. 56, contains no provision for the punishment of accessories after the fact, and as the offences mentioned in the 7 & 8 Geo. 4, c. 30, s. 8, are no longer punishable under that statute, it may be doubted whether accessories after the fact are now punishable under sec. 26, ante, p. 546. If they are not, then there is no express punishment provided for such accessories, and they are punishable (under the 7 & 8 Geo. 4, c. 23, ss. 8 & 9, and the 1 Vict. c. 90, s. 5) in the manner stated in note (u), ante, p. 448. C. S. G. (n) Kershaw's case, 1 Lew. 218. It is not stated in the report how this case terminated. CHAPTER THE FIFTY-THIRD. OF DESTROYING AND DAMAGING SHIPS AND OTHER VESSELS, AND THE offence of unlawfully and maliciously setting fire to ships and other vessels has been mentioned in a preceding chapter. (a) The enactment there mentioned extends to other modes of destruction: the former statute on this subject, namely, the 7 & 8 Geo. 4, c. 30, contained several general provisions against the offences of maliciously damaging ships and other vessels, and doing certain acts tending to their immediate loss or destruction, most of which are repealed by the 1 Vict. c. 89. (b) than by fire. The 7 & 8 Geo. 4, c. 30, s. 10, enacts, "that if any person shall un- 7 & 8 Geo. 4, lawfully and maliciously (c) damage, otherwise than by fire, any ship c. 30, s. 10. or vessel, whether complete or in an unfinished state, with intent to Damaging a destroy the same, or to render the same useless, every such offender ship, otherwise 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." (d) : 4: Setting fire to The Î Vict. c. 89, s. 4, enacts that "whosoever shall unlawfully 1 Vict. c. 89, and maliciously set fire to, cast away, or in anywise destroy any ship or vessel, either with intent to murder any person, or whereby the life of any person shall be endangered, shall be guilty of felony, and being convicted thereof, shall suffer death." (e) By sec. 5, "whosover shall unlawfully 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, shall be guilty of felony, and being convicted thereof, shall suffer death." (ƒ) By sec. 6, "whosoever 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 (a) Ante, Chap. On Arson, &c., p. 553. (b) The 1 Vict. c. 89, repeals the 9th and 11th sections of the 7 & 8 Geo. 4, c. 30, and so much of the same act as relates to the punishment of principals in the second degree and accessories to the offences contained in those sections. (c) See sec. 25, ante, p. 544. cipals in the second degree and accessories, (e) This section is new. (f) This section is the same as the beginning of the 7 & 8 Geo. 4, c. 30, s. 11, except that the word "unlawfully" is intro. duced before the word " exhibit." ships, &c., with intent to commit murder. Hanging out false lights to cause ship wreck. Setting fire to ships or vessels destroy the with intent to same. Impeding any person endea vouring to save his life from any ship wrecked, &c. Destroying articles be longing thereto. 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, 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 the natural life of such offender, or for any term not less than fifteen years, or to be imprisoned for any term not ex- ceeding three years." (g) By sec. 7, "whosoever shall by force prevent or impede any person endeavouring to save his life from any ship or vessel which shall be in distress, or wrecked, stranded, or cast on shore, (whether he shall be on board or shall have quitted the same), 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 the natural life of such offender, or for any term not less than fifteen years, or to be imprisoned for any term not exceeding three years." (h) By sec. 8, "whosoever shall unlawfully and maliciously destroy wrecks or any any part of any ship or vessel which shall be in distress, or wrecked, stranded, or cast on shore, or any goods, merchandise, or articles of any kind belonging to such ship or vessel, 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 any term not exceeding fifteen years nor less than ten years, or to be imprisoned for any term not exceeding three years." (i) 12 Geo. 3, c. 24. Persons wilfully destroying ships of war, arsenals, dockyards, &c., or any timber, &c., or stores. The 12 Geo. 3, c. 24, relates to the king's ships of war, arsenals, &c. and enacts, "that if any person or persons shall, either within this realm, or in any of the islands, countries, forts, or places thereunto belonging, wilfully and maliciously set on fire, or burn, or otherwise destroy, or cause to be set on fire, or burnt, or otherwise destroyed, or aid, procure, abet, or assist in the setting on fire, or burning or otherwise destroying of any of his Majesty's ships or vessels of war, whether the said ships or vessels of war be on float or building, or begun to be built, in any of His Majesty's dock-yards, or building or repairing by contract in any private yards, for the use of his Majesty, or any of his Majesty's arsenals, magazines, dock-yards, rope-yards, victualling offices, or any of the buildings erected therein, or belonging thereto; or any timber or materials there placed for building, repairing, or fitting out of ships or vessels; or any of his Majesty's military, naval, or victualling stores, or other ammunition of war, or any place or places where any such military, naval, or victualling stores, or other ammunition of war, is, are, or shall be kept, placed or deposited;" the person or persons guilty of any such offence shall be adjudged guilty of felony, and suffer death without benefit of clergy. (). By the second section, persons committing these offences out of the realm, may be indicted and tried for the same either in any county within the realm, or in the place where the offence shall (g) This section is the same as the 7 & (h) This section is the same as the last in the second degree and accessories, see sec. 11, ante, p. 553; and as to hard labour and solitary confinement see sec. 12, ante, p. 554, and as to the question of malice against the owner in offences against this statute see note (n), ante, p. 572. (j) See ante, p. 554, note (m). |
