Yes

1st Offence. Either impr. with or
without h. 1. for not exceed. 3 cal. (s. 68,
m.,-or forfeit, over and above Note
amount of injury, not exceed. £5 196).
(s. 22);-in default of payment,
impr. with or without h. 1. for not
exceed. 2 cal. m. where amount of
injury and penalty with costs not
exc. £5,-and for not exc. 4 cal.
m. where same with costs not exc.
£10,-and for not exc. 6 cal. m.
in any other case, unless sooner
paid (s. 65).

2nd Offence (Note 195). Impr. with
h. 1. for not exc. 12 cal. m. (s. 22).
3rd Offence. Indictable misdemeanor
(s. 22).

possession of the property against or in respect of which such act shall be done." [This will apply to all the sections in this title; and s. 52 (Offence 13) will apply to tenants damaging other property than a dwelling-house or building (which is made an indictable offence by s. 13), to an amount not exceeding £5]. S. 52 (Offence 13) contains a proviso that that section shall not "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 passed." This proviso was, under the 7 & 8 Geo. 4, c. 30 (repealed), holden to extend to that statute generally (Reg. v. Thomas, M. S., Q. B., H. T. 1841); and, indeed, the principle applies to the whole jurisdiction of justices (Paley, 4th ed. p. 119; and see pp. 27, 28, Synopsis.")

66

193 Apprehension of Offenders without Warrant.] By s. 61, "any person found committing any offence against this act, whether the same be punishable upon indictment or upon summary conviction, may be immediately apprehended, without a warrant, by any peace officer, or the owner of the property injured, or his servant, or any person authorised by him, and forthwith taken before some neighbouring justice of the peace, to be dealt with according to law."

194 Application of Penalties and Damage-Several Offenders.] This is precisely similar to Note 176, ante, p. 23.

195 Evidence of former Conviction.] This is the same as Note 177, ante, p. 25 (ss. 69, 70). 196 Appeal.] This is precisely similar to the appeal clause in Note 174, ante, p. 22.

OFFENCES within the 11 & 12 VICT. c. 43.

Statute.

MALICIOUS INJURIES-continued.

I. TO TREES, PLANTS, FENCES, &c.-continued.

5. Roots or Plants elsewhere.]

ciously destroy,

or

Whosoever shall unlawfully and mali- 24 & 25 Vict.

6. Damage with intent to destroy,

any cultivated root or plant used for the food of man or beast,
or for medicine, or for distilling, or for dyeing, or for or in the
course of any manufacture, and growing in any land, open or
inclosed, not being a garden, orchard or nursery ground.

7. Fences, Stiles, Gates, &c.] Whosoever shall unlawfully and maliciously cut, break, throw down,

or

8. In anywise destroy,

any fence of any description whatsoever, or any wall, stile, or
gate, or any part thereof respectively.

II. TO TELEGRAPHS AND ANIMALS.

9. Telegraphs.] Whosoever shall unlawfully and maliciously cut, break, throw down, destroy, injure, or remove any battery, machinery, wire, cable, post, or other matter or thing whatsoever, being part of or being used or employed in or about any electric or magnetic telegraph, or in the working thereof,

or

10. Shall unlawfully and maliciously prevent or obstruct in any manner whatsoever the sending, conveyance, or delivery of any communication by any such telegraph.

c. 97, s. 24 (Note 191a).

Id. s. 25.

Id. s. 37.

11. Whosoever shall unlawfully and maliciously, by any overt act, attempt to commit any of the offences in the last preceding section mentioned [Offences 9, 10, supra].

12. Animals.] Whosoever shall unlawfully and maliciously kill, maim, or wound any dog, bird, beast, or other animal, not being cattle, but being either the subject of larceny at common law, or being ordinarily kept in a state of confinement, or for any domestic purpose [see Note 176 a, ante, p. 24].

Id. s. 38.

Id. s. 41.

III. TO ANY OTHER PROPERTY.

13. Whosoever shall wilfully or maliciously commit any damage, 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. [Note 197, post, p. 34; and see Note 192
as to claim of right in the proviso to s. 52.]
[MEM. If the injury exceed £5, the offence is indictable under s. 51;|
and see s. 59 as to offences by occupiers in Note 192. By s. 53
the provisions in s. 52 “shall extend to any person who shall wil-
fully or maliciously commit any injury to any tree, sapling, shrub
or underwood, for which no punishment is hereinbefore provided,"
i. e. where the amount is less than 1s.]

Id. s. 52.

OFFENCES within the 11 & 12 VICT. c. 43.

MALICIOUS INJURIES-continued.

IV. ACCESSORIES.

14. Whosoever shall aid, abet, counsel, or procure the commission of any offence which is by this act punishable on summary conviction, either for every time of its commission, or for the first and second time only, or for the first time only.

TELEGRAPHS. See Offences 9, 10, 11, title "Malicious Injuries."

WRECK (page 596).

1. If any goods, merchandise, or articles of any kind, belonging to any
ship or vessel in distress, or wrecked, stranded, or cast on shore,
shall be found in the possession of any person, or on the premises
of any person with his knowledge, and such person, being taken or
summoned before a justice of the peace, shall not satisfy the justice
that he came lawfully by the same (Note 333).

[MEM. A justice may order the goods, &c. to be "forthwith delivered
over to or for the use of the rightful owner thereof;" but in the case
in Offence 2, " upon payment of a reasonable reward to the person
who seized the same."]

2. If any person shall offer or expose for sale any goods, merchandise, or articles whatsoever, which shall have been unlawfully taken, or shall be reasonably suspected so to have been taken, from any ship or vessel in distress, or wrecked, stranded, or cast on shore, [the person to whom offered, or any customs, excise or peace officer, may seize the same and give notice to a justice,] and being summoned by such justice, shall not appear and satisfy the justice that he came lawfully by such goods, merchandise or articles (Note 333). [Vide Mem. to Offence 1.]

Statute.

24 & 25 Vict.
c. 97, s. 63
(Note 191a).

24 & 25 Vict.
c. 96, s. 65
(Note 334).

Id. s. 66.

197 Must be damage, and under £5.] A trespass, however wilful, unless some actual damage be done, is not within this section (Butler v. Turley, Moo. & M. 54; 2 C. & P. 585; Dewey v. White, M. & M. 56); but if there really be damage, the amount is immaterial, except that it must not exceed £5, as above £5 the offence is indictable under s. 51. The 52nd sect. appears to apply entirely and exclusively to damage committed by the party complained against or by his irresponsible instrument, and to have no reference whatever to damage indirectly caused by any act, however unlawful in itself; nor would it extend to the acts of parties occasioning losses to others, not amounting strictly to "damage, injury, or spoil" to the property, or rendering it of less value, for the penalty is "a reasonable compensation for the damage, &c." committed; and see the case of Reg. v. Whiteman, in Note 179, ante, p. 27.

Yes

Either impr. with or without h. 1.
for not exc. 6 cal. m.,—or else (s. 110,
forfeit, over and above value of Note
goods, &c. not exc. £20 (s. 65);- 334).
in default of payment, impr. with
or without h. 1. for not exc. 2 cal.
m., where amount to be paid, with
costs, not exc. £5; for not exc.
4 cal. m. where not exc. £10;
and for not exc. 6 cal. m. in any
other case, unless sooner paid (s.
107).

county, &c.
(s. 106,
Note 334).

198 Application of Sum forfeited for Damage.] In the case of property of a public nature damaged, or wherein any public right is concerned, the sum for damage is to be applied in the same manner as penalties under the act (s. 52), which go to the treasurer of the county, &c. under s. 64 (Note 194).

333 Search Warrant for Shipwrecked Goods.] By s. 103, a justice may grant a warrant to search for such property, if any credible witness shall prove upon oath a reasonable cause to suspect that any person has in his possession or on his premises such property. Vide Forms of Information and Search Warrant, Oke's “Formulist," 3rd ed. p. 401.

334 Procedure-Appeal-Application of Penalty, &c.] The procedure, &c. is the same as under tit. "Larceny," ante, pp. 20-23, and the Notes there, 169, 171, 172, 174, 176, are applicable here also.