PART III. Proviso. Killing, maiming, wounding, &c., cattle. Same s. 40. Attempting to kill, &c., cattle. Killing, maiming, &c., other animals. Same, s. 41. Proviso. Setting fire to ships, &c. Same, s. 42. The Criminal Law Consolidation Act-1876. before entering the same, or any picture, statue, monument, or other memorial of the dead, painted glass, or other ornament or work of art, in any church, chapel, meeting-house, or other place of Divine Worship, or in any building belonging to Her Majesty, or used for any Government department, or in any street, square, churchyard, burial-ground, public garden or ground, or any statue or monument exposed to public view, or any ornament, railing, or fence surrounding such statue or monument, shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable to be imprisoned for any term not exceeding two years, with hard labor, and may be whipped: Provided that nothing herein contained shall be deemed to affect the right of any person to recover by action at law damages for the injury so committed. Injuries to Cattle, &c. : 117.Whosoever shall unlawfully and maliciously kill, maim, wound, or disfigure any horse, mare, gelding, colt, filly, mule, or ass, or any bull, cow, ox, heifer, or calf, or any ram, ewe, sheep, or lamb, or any camel, llama, alpaca, goat, or pig, shall be guilty of felony, and being convicted thereof shall be liable to be imprisoned for any term not exceeding four years, with or without hard labor. 118. Whosoever shall unlawfully and maliciously attempt to kill, maim, poison, or injure any of the animals mentioned in the last preceding section, or who shall unlawfully and maliciously place poison in such a position as to be easily partaken of by any such arimals, shall be guilty of a misdemeanor, and being convicted thereof, shall be liable to be imprisoned for any term not exceeding three years, with or without hard labor. 119. Whosoever shall unlawfully and maliciously kill, maim, wound, or disfigure any dog. bird, beast, or other animal not described in the two last preceding sections, but being either the subject of larceny at common law, or being ordinarily kept in a state of confinement, or for any domestic purpose, shall, on conviction thereof before a Special Magistrate or two Justices of the Peace, be imprisoned for any term not exceeding six calendar months, with hard labor, or else shall forfeit and pay, over and above the amount of the injury done, such sum of money, not exceeding Twenty Pounds, as to the said Special Magistrate or Justices shall seem meet: Provided that nothing contained in the two last preceding sections shall be deemed to affect the right of any person to destroy any goats, pigs, dogs, poultry, or rabbits, in the manner provided in "The Impounding Act, 1858." Injuries to Ships: 120. Whosoever shall unlawfully and maliciously set fire to, cast away, or in anywise destroy any ship or vessel, whether the same be complete or in an unfinished state, shall be guilty of felony, and being convicted thereof, shall be liable to be imprisoned for life, or any less term, with hard labor. 121. Whosoever The Criminal Law Consolidation Act.-1876. PART III. or underwriters. 121. Whosoever shall unlawfully and maliciously set fire to, or cast away, or in anywise destroy any ship or vessel, with intent thereby Setting fire to ships to to prejudice any owner or part owner of such ship or vessel, or of prejudice the owners any goods on board the same, or any person that has underwritten or shall underwrite any policy of insurance upon such ship or vessel, Same, s. 43. 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 to be imprisoned for life, or any less term, with hard labor. to a ship. 122. Whosoever shall unlawfully and maliciously, by any overt Attempting to set fire act, attempt to set fire to, cast away, or destroy any ship or vessel, under such circumstances that if the ship or vessel were set fire to, cast away, or destroyed, the offender would be guilty of felony, shall be guilty of felony, and being convicted thereof, shall be liable to be Same, s. 44. imprisoned for any term not exceeding eight years, with hard labor. near a vessel with in 123. Whosoever shall unlawfully and maliciously place or throw in, Placing gunpowder into, or upon, against, or near any ship or vessel, any gunpowder, sent to damage it. or other explosive substance, with intent to destroy or damage any ship or vessel, or any machinery, working tools, goods, or chattels, shall, whether or not any explosion take place, and whether or not, Same, s. 45. any injury be effected, be guilty of felony, and being convicted there of, shall be liable to be imprisoned for any term not exceeding eight years, with hard labor, and may be whipped. wise than by fire. 124. Whosoever shall unlawfully and maliciously damage, other- Damaging ships other wise than by fire, gunpowder, or other explosive substance, any ship or vessel, whether complete or in an unfinished state, with intent to destroy the same or render the same useless, shall be same, s. 46. guilty of felony, and being convicted thereof, shall be liable to be imprisoned for any term not exceeding four years, with hard labor. nals, &c. 125. Whosoever shall unlawfully mask, alter, or remove any light Exhibiting false sigor signal, or unlawfully exhibit any false light or signal, with intent to bring any ship, vessel, or boat into danger, or shall unlawfully and maliciously do anything tending to the immediate loss or Same s. 47. destruction of any ship, vessel, or boat, and for which no punishment is hereinbefore provided, shall be guilty of felony, and being convicted thereof, shall be liable to be imprisoned for life, or any term not less than three years, with hard labor, and may be whipped. cealing buoys and 126. Whosoever shall unlawfully and maliciously cut away, cast Removing or conadrift, remove, alter, deface, sink, or destroy, or shall unlawfully other sea marks. and maliciously do any act with intent to cut away, cast adrift, remove, alter, deface, sink, or destroy, or shall in any other manner unlawfully and maliciously injure or conceal any boat, Same s. 48. buoy, buoy-rope, perch, or mark used or intended to be used for the guidance of seamen, or for the purpose of navigation, shall be guilty of felony, and being convicted thereof, shall be liable to be imprisoned for life or any term not less than three years, with hard labor. D 127. Whosoever PART III. Destroying wrecks or thereto. The Criminal Law Consolidation Act.-1876. 127. Whosoever shall unlawfully and maliciously destroy any part of any ship or vessel which shall be in distress, or wrecked, any articles belonging 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 to be imprisoned for any term not exceeding four years, with hard labor. Same s. 49. Sending letters threatening to burn or destroy houses, &c. Same s. 50. Persons committing malicious injuries not before provided for of Five Pounds. Sending Letters threatening to Burn or Destroy: 128. Whosoever shall send, deliver, or utter, or directly or indirectly cause to be received, knowing the contents thereof, any letter or writing threatening to burn or destroy any house, barn, or other building, or any stack of grain, hay, straw, or other agricultural produce wheresoever the same may be situate; or any ship or vessel; or to kill, maim, or wound any of the animals mentioned in section one hundred and fifteen of this Act, except goats and pigs, shall be guilty of felony, and being convicted thereof, shall be liable to be imprisoned for any term not exceeding ten years, with hard labor. Injuries not before Provided for: 129. Whosoever shall unlawfully and maliciously commit any damage, injury, or spoil to or upon any real or personal property exceeding the amount whatsoever, either of a public or private nature, for which no punishment is herein before provided, the damage, injury, or spoil being to an amount exceeding Five Pounds, shall be guilty of a misdemeanor, and being convicted thereof shall be liable to be imprisoned for any term not exceeding two years, with hard labor; and in case any such offence shall be committed in the night, shall be liable to be imprisoned for any term not exceeding five years, with hard labor. Additional punish ment if injury committed at night. Persons committing damage to any pro previously provided for may be impri soned or fined. 130. Whosoever shall wilfully or maliciously commit any damage, perty in any case not injury, or spoil to or upon any real or personal property whatsoever, either of a public or private nature, for which no punishment is herein before provided, shall, on conviction thereof before a Justice of the Peace, either be imprisoned for any term not exceeding three months, or else shall forfeit and pay such sum not exceeding Five Pounds as to the Justice shall seem meet, and also such further sum of money not exceeding Five Pounds for the damage, injury, or spoil so committed, such last-mentioned sum to be paid to the party aggrieved: Provided, that nothing herein contained shall extend to any case where the party acted under a fair and reasonable supposition that he had a right to do the act complained of, nor to any trespass not being wilful and malicious, committed in hunting, fishing, or in the pursuit of game, but that every such trespass shall be punishable in the same manner as if this Act had not been passed. Proviso. Malice against owner of property unneces sary. 131. Every punishment and forfeiture by this Act imposed on any person maliciously committing any offence, whether the same be punishable ། The Criminal Law Consolidation Act.-1876. PART III. punishable upon information or upon summary conviction, shall shal apply to persons 132. Every provision of this Act, not hereinbefore so applied shall Provisions of this Act apply to every person who, with intent to injure or defraud any in possession of the other person, shall do any of the acts hereinbefore made punishable, property injured. although the offender shall be in possession of the property against Same s. 59. or in respect of which such act shall be done. PART IV. LARCENY AND SIMILAR OFFENCES. PART IV. terms-" Document s. 1. 133. In the interpretation of this part of this Act- lands." The term “document of title to lands" shall include any deed, "Document of title to 8. 1. The term "valuable security" shall include any order or other "Valuable security. security whatsoever entitling or evidencing the title of any person or body corporate to any share or interest in any public stock or fund, whether of the said Province or of any 24 and 25 Vic., c. 96, The term “property" shall include every description of real and “Property. the PART IV. 24 and 25 Vic., 8. 1. "Trustee." 24 and 25 Vic., c. 96, s. 1. Bailees fraudulently converting property guilty of larceny. The Criminal Law Consolidation Act.-1876. the control of any party, but also any property into or for which the same may have been converted or exchanged, and any thing acquired by such conversion or exchange, whether immediately or otherwise: The term "trustee" shall mean a trustee on some express trust created by some deed, will, or instrument in writing, and shall include the heir or personal representative of any such trustee, and any other person upon or to whom the duty of such trust shall have devolved or come, and also all executors and administrators, receivers under any Act of the Parliament, or under any order or decree of the Supreme Court of the said Province, and all assignees in insolvency. Larceny in General: 134. Whosoever being a bailee of any chattel, money, or valuable security, shall fraudulently take or convert the same to his own use or the use of any person other than the owner thereof, although he 24 and 25 Vic., c. 96, shall not break bulk or otherwise determine the bailment, shall be guilty of larceny, and may be convicted thereof upon an information for larceny and punished according. 8. 3. Punishment for simple larceny. 135. Whosoever shall be convicted of simple larceny, or of any felony hereby made punishable like simple larceny, shall (except in 24 and 25 Vic., c. 96, the cases hereinafter otherwise provided for) be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years, with hard labor. 8. 4. Three larcenies within six months may be charged in one information. 136. It shall be lawful to insert several counts in the same information against the same person for any number of distinct acts of stealing, not exceeding three, which may have been committed 24 and 25 Vic., c. 96, by him against the same person within the space of six calendar months from the first to the last of such acts, and to proceed thereon for all or any of them. s. 5. Information where the taking has been at different times. 137. If upon the trial of any information for larceny it shall appear that the property alleged in such information to have been stolen at one time was taken at different times, the prosecutor shall not by reason thereof be required to elect upon which taking he will proceed, unless it shall appear that there were more than three 24 and 25 Vic., c. 96, takings, or that more than the space of six months elapsed between 8. 6. Larceny after a previous conviction for felony. 3. 7. the first and the last of such takings; and in either of such lastmentioned cases the prosecutor shall be required to elect to proceed for such number of takings, not exceeding three, as appears to have taken place within the period of six months from the first to the last of such takings. 138. Whosoever shall commit the offence of simple larceny after a previous conviction for felony, whether such conviction shall have 24 and 25 Vic., c. 96, taken place upon an information before the Supreme Court, or under the Minor Offences Procedure Act, 1869, shall be liable to be imprisoned for any term not exceeding ten years, with hard labor. 139. Whosoever |