Summary of the Criminal Law

By sect. 27, where any person shall be convicted of any indictable offence punishable under this act, for which imprisonment may be awarded, it shall be lawful for the court to sentence the offender to be imprisoned, or to be imprisoned and kept to hard labour in the common gaol or house of correction; and also to direct that the offender shall be kept in solitary confinement for the whole or any portion or portions of such imprisonment, or of such imprisonment with hard labour, as to the court in its discretion shall seem meet.

39. Destroying Threshing Machines, or Machines employed in Manufactures.

By 7 & 8 Geo. IV. c. 30, s. 4, "if any person shall un"lawfully 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 manufactures of silk, &c. enumerated in sect. 3, sup. 191,) 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.

Sect. 25, as to malice against the owner, applies. (Vide sup. 191.)

Also sect. 26, as to accessaries, and sect. 27, as to the mode and place of imprisonment. (Vide sup. 191, 192.)

40. Setting Fire to a Coal Mine.

By 7 & 8 Geo. IV. c. 30, s. 5, "if any person shall unlawfully and maliciously set fire to any mine of coal "or canal coal," every such offender shall be guilty of

felony, and being convicted thereof shall suffer death as a felon.

Section 25, as to malice against the owner, applies, (vide sup. 191).

Also sect. 26, as to accessaries, and sect. 27, as to the mode and place of imprisonment, (vide sup. 191, 192).

41. Drowning Mines or filling up Shafts, &c.

By 7 & 8 Geo. IV. c. 30, s. 6, "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 air way, 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 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.

Sect. 25, as to malice conceived against the owner, (vide sup. 191,) applies.

Also sect. 26, as to accessaries, and 27, as to the mode and place of imprisonment, (vide sup. 191, 192).

42. Destroying Engines, or Erections, &c. used in Mines.

By 7 & 8 Geo. IV. c. 30, s. 7, "if any person shall unlawfully and maliciously pull down or destroy, or damage "with intent to destroy or to render useless, any steamengine, or other engine, for sinking, draining, or working "any mine, or any staith, building, or erection used in con

"ducting the business of any mine, or any bridge, wag

gon way, or trunk for conveying minerals 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 hereinbefore last mentioned, viz. 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.

Sect. 25, as to malice against the owner, (vide sup. 191,) applies.

Also sect. 26, as to accessaries, and 27, as to the mode and place of imprisonment, (vide sup. 191, 192).

43. Riotously Demolishing Buildings or Machinery. As to this offence, vide sup. Chap. IX. p. 78.

44. Setting Fire to or Destroying Ships.

By 7 & 8 Geo. IV. c. 30, s. 9, "if any person shall unlawfully and maliciously set fire to or in anywise de"stroy 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.

Sect. 25, as to malice against the owner, (vide sup. 191,) applies.

Also sect. 26, as to accessaries, and 27, as to the mode and place of imprisonment, (vide sup. 191, 192).

45. Damaging a Ship otherwise than by Fire.

By 7 & 8 Geo. IV. c. 30, s. 10, "if any person shall unlawfully and maliciously damage otherwise than by "fire, any ship or vessel, whether complete or in an un"finished 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.

Sect. 25, as to malice against the owner, (vide sup. 191,) applies.

Also sect. 26, as to accessaries, and 27, as to the mode and place of imprisonment, (vide sup. 191, 192).

As to cutting away buoys, &c. see 1 & 2 Geo. IV. c. 75,

s. 11.

46. Exhibiting false Signals to Ships, and offences as to Ships, Goods, and Persons Wrecked.

By 7 & 8 Geo. IV. c. 30, s. 11, "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, mer"chandize, 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.

Sect. 25, as to malice against the owner, (vide sup. 191,) applies.

Also sect. 26, as to accessaries, and 27, as to the mode and place of imprisonment, (vide sup. 191, 192).

47. Destroying Sea Banks, &c. and Offences as to Navigable Rivers and Canals.

By 7 & 8 Geo. IV. c. 30, s. 12, "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 land shall be overflowed or damaged, or shall be in danger of being so, or shall unlawfully and maliciously throw down, level, or other"wise 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 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.

"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 flood-gate, 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 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.

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