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1828.

25 July,

shall direct, for any term not exceeding seven years, or to be im9 Geo. 4, prisoned 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.

cap. 74.

Doing any Act tending to the Loss of a Ship in Distress, or destroying
Goods.

(119) 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 shall be in distress, or wrecked, stranded, or cast on shore, or any goods, merchandize, or articles of any kind belonging to such ship or vessel, or shall by force prevent or impede any person endeavouring to save his life from such ship or vessel (whether he shall be on board or shall have quitted the same), every such offender shall be guilty of felony, and being convicted thereof, shall suffer death as a felon.

Destroying any Sea Bank, or Bank of any River, or doing any
Damage with intent to obstruct such Navigation.

(120) And be it enacted, that if any person shall unlawfully and maliciously break down or cut down any sea bank or sea wall, or the bank or wall of any river, canal, or marsh, whereby any lands shall be overflowed or damaged, or shall be in danger of being so, or shall unlawfully and maliciously throw down, level, or otherwise destroy any lock, sluice, floodgate, or other work on any navigable river or canal, every such offender shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the court, to be transported to such place as the court shall direct, for life, or for any term of 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; and if any person shall unlawfully and maliciously cut off, draw up, or remove any piles, chalk, or other materials fixed in the ground, and used for securing any sea bank or sea wall, or the bank or wall of any river, canal, or marsh, or shall unlawfully and maliciously open or draw up any floodgate, or do any other injury or mischief to any navigable river or canal, with intent and so as thereby to obstruct or prevent the carrying on, completing, or maintaining the navigation thereof, every such offender shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the court, to be transported to such place as the court shall direct for any term not exceeding 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.

Breaking

Breaking down Dam of a Fishery.

(121) And be it enacted, that if any person shall unlawfully and maliciously break down or otherwise destroy the dam of any fishpond, or of any water which shall be private property, or in which there shall be any private right of fishery, with intent thereby to take or destroy any of the fish in such pond or water, or so as thereby to cause the loss or destruction of any of the fish, 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 therein, every such offender, being convicted thereof before a justice of the peace, shall forfeit and pay, over and above the amount of the injury done, such sum of money, not exceeding fifty sicca rupees, as to the justice shall seem meet.

Killing or maiming Cattle.

(122) And be it enacted, that if any person shall unlawfully and maliciously kill, maim, or wound any cattle or beast of burthen, every such offender shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the court, to be transported to such place as the court shall direct, for life, or for any term of 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 imprison

ment.

Setting fire to Crops or Stacks of Corn, or Plantations, &c.

(123) And be it enacted, that if any person shall unlawfully and maliciously set fire to any stack of rice, corn, or other grain, pulse, sugar cane, straw, hay, or wood, or to any crop of rice, corn, or other grain, or pulse, or sugar cane, whether standing or cut down, or to any part of a wood, coppice, or plantation of trees or valuable plants, or to any grass, fern, or other like ground produce, wheresoever the same may be growing, every such offender shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the court, to be transported to such place as the court shall direct for any term not exceeding 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.

Malice against Owner of the Property not essential.

(124) And be it enacted, that every punishment and forfeiture by this act imposed on any person maliciously committing any offence, whether the same be punishable upon indictment or upon summary conviction, shall equally apply and be enforced, whether the offence shall be committed from malice conceived against the owner of the property in respect of which it shall be committed, or otherwise.

1828.

25 July,

9 Geo. 4,

cap. 74.

All

1828. 25 July, 9 Geo. 4, cap. 74.

All Acts, &c. repealed as to England, repealed in like manner in India.

(125) And be it enacted, that all acts and parts of acts which by an act passed in the seventh and eighth years of the reign of his present Majesty, intituled " An Act for repealing various Statutes in England relative to Benefit of Clergy, and to Larceny and other Offences connected therewith, and to malicious Injuries to Property, and to Remedies against the Hundred;" or by an act passed in the present session of Parliament, intituled "An Act for consolidating and amending the Statutes in England relative to Offences against the Person;" are, as to that part of the United Kingdom called England, and as to offences committed within the jurisdiction of the Admiralty of England, repealed, except as therein mentioned, shall, from and after the said first day of March one thousand eight hundred and twentynine, as to all persons, matters, and things over whom or which the jurisdiction of any of his Majesty's courts of justice erected within the British dominions under the government of the said United Company extends, be repealed, except so far as any of the said acts may repeal the whole or any part of any other acts, and except as to offences and other matters committed or done before or upon the day of this act taking effect, which shall be dealt with and punished as if this act had not been passed.

(126) And be it enacted, that so much of an act passed in the thirty-ninth and fortieth years of the reign of his late Majesty King George the Third, intituled "An Act for establishing further Regulations for the Government of the British Territories in India, and the better administration of Justice within the same," as relates to the transportation of offenders; and so much of an act passed in the fiftythird year of the same reign, intituled "An Act for continuing in the East-India Company for a further term the Possession of the British Territories in India, together with certain exclusive Privileges; for establishing further Regulations for the Government of the said Territories and the better Administration of Justice within the same; and for regulating the Trade to and from the Places within the Limits of the said Company's Charter," as relates to the stealing or taking by robbery of securities for payment of money, to the falsely making, forging, counterfeiting, or altering, or to uttering, publishing, selling, offering, disposing of or putting away, knowing the same to be false, forged, or counterfeited, any writings, licenses, certificates, or attested copies thereof, or to counterfeiting coin, or to uttering, tendering in payment, selling, giving in exchange, paying, putting off, or having in possession, forged or counterfeit coin; and so much of an act passed in the fourth year of the reign of his present Majesty, intituled "An Act to consolidate and amend the Laws for punishing Mutiny and Desertion of Officers and Soldiers in the Service of the East-India Company, and to authorize Soldiers and Sailors in the East-Indies to send and receive Letters at a reduced Rate of Postage," as requires that the oaths to be taken by members of general or other courts

martial,

martial, or courts of requests composed of military officers, shall be taken upon the holy Evangelists; shall, from and after the day of this act taking effect, in like manner and with the like exceptions, be and the same is hereby repealed.

Persons employed by his Majesty amenable to Courts in India.

(127) And be it enacted, that all persons, whether British subjects or others, employed by or in the service of his Majesty, shall be held subject and amenable to the criminal jurisdiction of his Majesty's courts of justice, erected or to be erected within the British territories under the government of the said India Company, for all crimes and offences to be by them committed on or from and after the first day of March one thousand eight hundred and twenty-nine, in the same manner as persons employed by or in the service of the said United Company are now by law subject and amenable to the said jurisdiction.

1828.

25 July,

9 Geo. 4,

cap. 74.

1

ECCLESIASTICAL ESTABLISHMENT.

THE ecclesiastical establishment in India is described in the Analysis, page 331.

Bishop Middleton, who went to India in 1814, died at Calcutta on the 8th July 1822, and was succeeded by Bishop Heber, who reached Bengal in the month of October 1823. From the month of June 1824 to the end of that year, Bishop Heber was engaged in visiting the several European stations in Bengal and the upper provinces of Hindostan. In January 1825 he proceeded to the stations under the Bombay government, including Poonah, Kairah, Baroda, Baroach, Surat, and Guzerat. He subsequently visited Ceylon, and returned to Calcutta, from whence in 1826 he proceeded to Madras and Trichinopoly. At the latter place, on the morning of the 3d April, his Lordship was seized with an apoplectic fit, on entering a bath which had been prepared for him, and falling forwards into the water in a state of insensibility, was speedily suffocated.

The Rev. Dr. James was appointed to the bishopric in April 1827. His Lordship sailed for India in the ship Mary Anne, in June following.

The Rev. William Hawtayne succeeded the Rev. John Barnes as archdeacon at Bombay, in May 1826. The Rev. E. Vaughan resigned the archdeaconry of Madras in 1828. His successor is not yet known.

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