Malicious Injuries Act 1859 (SA)

[hsscntcd to, 1st Septenher, 1859.)

1III:l:XCAS i t is exppc1ient tu consolidate and amend the PrcanlHe-

\V	Statute T,nw i l l force i l l the I'ruviuce of. South Australia,
relittii~g	to indicbnble oEences against l)ropcrt,y by mdicious injuries:

Be it tllerefore Nnwctcd by the G overnor-in-Cl-~ief of' the i'rovirlce of South Aastriilin, wit11 the advice anti consent of the Legislative 63uuncil aud House of' Asseinbly of' the said Pmvince, in this present

P:~rlial~lclit assctnbled, as follows:

A s to malicious injurics to houses and other buildings:

1. %rhosoever &l1 utd;~wfully and rnalicir>usly set fire to ally Scttingfireto a c h m d or rhapel.

ehoreh or rllapd, shall be of felony, and, being convicted r W. r, aIld I v i c t,

&ereof, shall bc liable, at the discretion of the Court, to be im- ;,8Bi;;;,3:,y;,,	prisoned for life, or for any less term, wit11 or without hard labor, Q ~ I O	vict., c. 25,	D.
and wit11 or without solitary or separate confinement.

2. JVhosoev~ shall u~~lawfully and maliciously set fire to any settingfiretoaIlouse, outhome, nm~ufac-

11 onse, s table, conch-l i ou-se, outkouse, warehouse, office, shop, mill, torV, &(B.

malthouse, hop-oast, barn, or granary, or to any building or ereetioii 7 W- 4, & lVi(t.3 C-	89, e. 3.
used in c~rry ing or1 an-J trade or munufacture, or ally branch thereof, wlletllsr the sanr; or any of them respcctively shall be then in the possession of the offunder, or in the possession of any other person, with intent thereby to injure or defraud any person, shall be guilty of fi4ony, and, be i~~g couricted thereof, shall be liable, at the

W cXisct.etiorl

discretion of the Court, to be imprisoned for life, or fur any Icss term, with or without hard labor, and with or witl~out solitary or separate confinement.

Setting fire to a

dwalrig-house, any 3. Whoever shall unlawfully and maliciously set fire to any

,,,,, i r i ng the rdn, dwelling house, any person bring the~~ein, shall be guilty of ftIosy,

7	*7	yict.l c. and, bemg convicted thereof, shall suffer death asJ rt felon.
89, S. 2.

Setting firc to farm	4. Whosoever shall udawfully and ~na~liciously	set fire to any
buildings.

7 & 8 Vict., C, 62, hovel, shed, or fold, or to any farm building, or any building or

SS. 1, 3. erection used in farming land, whether the same, or any of them

respectively, shdl then be in the possession of the ofiender or in the possession of any other person, with intent thercby to injure or defraud any person, shall be guilty of felony, and, being corlvicted thereof, sball be liable, a t the discretion of the Court, to be im- prisoned for life, or for any less term, with or without hard labor, and with or without solitary or separate confinement.

Setting fire to hay,	5. M71-~osoever	shall udawfully and maliciously set fire to any hay,
stxaw, &C., in a farm

i n , i t i t straw, grain, wood, or other vcgctnblc produce, being in any'f;wnl- house or farm building, or to any implement of husbandry being in

tn 11uildiug. "L't fiye to

7 & S Vict., c. 62, any farmhouse or farm building, with intent tl~ereby to set fire to

SS. 2, 3. such farmhouse or farm building, and to injure or defraud any person, shall be guilty of felony, and, being convicted thereof, shall be liable, a t the discretion of the Court, to be imprisoned for life, or for any less term, with or without llztrd labor, and with or without solitary or separate confinenleut.

Setting fire to m y 6.

Whosoever shall wilfullv and maliciously set fire to any station, tainiag to any railway, dock, canal, or other navigation, sl~all bc guilty of felony, and, being convicted tl~ereof, shall be liable, at the discretion of the Court, to be imprisoned for life, or for an? less term, with or without hard labor.

railway station.

14 a ~ s v i, ~. , ~. 19, .. 8, engine-house, warehouse, o; other building belonging or appcr-

setting fire to goods 7. TVhosoever shall wilfully and maliciously set fire to any goods

in any budding, the

setting fir" to which	or chattels being in any building, the setting fire to which is made
is made fclor~y.

14 &16Vi&.,o. 19,s. S. felony by this or any other Act', shall be guilty of felony, and, being couvicted thereof, shall be liable, at the discretion of the Court, to be in~prisoned for' aany term not exceeding six years, with or without hard hbor.

to buildings. 8. Whosoever shall ur~lawfully and maliciously, by any overt to set fire

9 g: 10 Vict., 0. 25, act, att.empt to set fire to any building, and with such intent that if 68. 7, 9, 11. the off'ence were complete the offender would be guilty of felony,

and liable to be imprisoned fbr life, shall, although such building be not actually set on fire, be guilty of felony, and, being convicted thereof', shall be liable, at the discretion of the Court, to be im- prisoned for any term not exceeding eight years, with or without hard labor, and with or without solitary confinement.

9. If any pcrsoiis riotously aud tuluultuously assembled together 2;:;: ?& :$ F ; .

to the disturbance of the public peace, shall unlawfully and with 7 &- 8 Geo. 4. c. :W, a. a.

h m c dcniolish, or pull down, or destroy, or begin to deniolisb, pull fq,&2,i4ViFt., 5Gv

down, or destroy, any church or chapel, or any house, stable, coach- s a 7 Viut., c. 10.

house, outhouse, warehonse, office, shop, mill, malthouse, hop-oast, barn, or granary, or any building or erection used in carrying on any trade or manufacture, or any branch thereof, or any machinery, whether fixed or moveable, prepared for or employed in any manu- facture, or any branch thereof, or any stcam-engine or other engine for sinking, working, or draining, any mine, or any staith, building, or erection used in coiiducting the business of any mine, or any bridge, waggon way, or trunk for conveying minerals from any mine, every such offeuder shall be guilty of felony, and, beitig convicted thereof, shall be liable, at the discretion of the Court, to be im- prisoned for life, or for any less term, with or without hard labor, and with or without solitary confinement.

10. Whosoever shall unlawfullr and maliciously, by the explosion Dcstroyillg or darna-

of gunpowder or other explosive substance, destroy, throw down, P,,wder, any person ging H. lluuse withgun-

or damage the whole or any part of any dwelling house, any person being therein.

9 6: 10 Trict., c. 25,

being therein, shall be quilty of felony, and, being convicted thereof, ,

shall be liable, at the discretion of &e Court, to be imprisoned for

life, or for any less term, with or without hard labor, and with or

without solitary confincnleiit.

. 1,5,9, l l.

1 1. TV11 osoever shall lrrllawfully m d maliciously, by the explosion of gimpowder or otlrer explosive substance, destroy or damage m y ~t',"~&~~'$~;,"h;~ Destroying or dnrna-

buildi~~g, whereby the life of ally person s l d l be eudnngered, shall life cndangercd.

be guilty of felony, and, being c<,nvictecl thereof, shall be liable, a t 9 & 10 Viut., C 23, 8. 2.

the discretiou of the Court, to be imprisoned f ~ r life, or for m y

less term, with or without hard labor, a rd with or without solitary

confincnient.

12. Whosoever shall unlawfully arid maliciously p1m.X or throw Attempting to drstroy

in, into, upon, against, or near any building, any gunpowder or other with gun-.

explosive substance, with intent, to destroy or damage auy building, 9 gt iovact., c. 25, B. 6.

or any machinery, working tools, fixtures, goods, or chattels, shall, whether or not any explosioil take place, and whether or not any damage be caused to ally building, machinery, working tools, fixtures, goods, or chattels, be $uilty of felony, arid, being convicted thereof, shall be liable, at the discretion of the Court, to be imprisoned for any terrrl not exceecliug eight years, with or without hard labor, and with or without solitary confinement.

13. Whosocver shall knowingly have in his possession, or make Making or having

or nxmufactnre, m y sunpowder, explosive substance, or any ~unp"""") intent to oonlrnlt "' , with any

dangerous or noxious thlng, or any machine, engine, instrument, or of the offcfcnces in sec-

thing, with intent by means tllcreof to commit, or for the purpose tions 8, 10, 11, 12.

of enabling any other person t,o commit, any of the offences in the

eighth, teeth, eleventh, and twelfth sections of this Act mentioned, viet., c. 2F,

shall be guilty of a misdemeanor, and, being couvicted thereof, ss. 8,9,11.

shall

sldI be Iiable, at the discretion of the Court, to be in~prisoued	for
any term not exceeding two years, with or without I w d labor,	nntl
with or without solitary confinement.

As to nlalicious injuries to manuf:xtures, nlnchinery, &c.:

Destroying goods in

process of ~nmufaa. 14. Whosoever shall unlawfullg and ~iznliciously cut, break, or

chinery, &c. destroy, or damage with intent to destroy or rcnc1t.r useless, any

ture, certain ma-

7 & 8 G. 4, a. 30, ss. good8 or article of silk, woollen, lineu, or cotton, or of' any one or

3, 27. more of those materials mixed with each other, or mixed witlll any

other material, or any framework-knitted piece, stocking, hose, or

lace respectively, being in the loom or fkme, or on any machine or

engine, or on the rack or tenters, or ill auy staqe, process, or progress of manufacture; or skull urhwfully and &alieibusly cnt, break, or destroy, or daniugf with iotent to destroy or reider usc- less, any warp or shute of silk, woollen, liiwn, or cotton, or of my one or ulore of those materials nlixed wit11 each otller, or nlisetl with any other, or any Iooni, fiame, machine, engine?, rack, taclile, or implement, whether fixed or moveable, prepared for or euqdoyed

iu carding, spinning, tllrowing, weaving, firlliug, she:wing-, or otiicr-

wise nlanufacturiag ar preparing any sucll goods or articles, o r shall bv force enter into any houac. shop, building,. or place, with intent to conlrnit m y of' the oFences in this sectlorl mentioned, slmll be guilty of felony, mid, being couvic~tcd tlmeof, shall be liable, a t the discretiori of the Court, to be in~prisoned for lifi., or for any less term, with or without h:ml lal)or, :md with or without solitary confinelllent.

1)estroyin~machinea 15. W ~ I O S O C V ~ ~ s l d l unlawfully and u1:dicionsly cnt, h 1 ~: i k, ot.

in other manufa~tures, destroy, or d a m q e with i n t ~ n t to destroy or to render usclcsr, any

a ~.	threshing ~liachine, or any ninclh~e or engiue, wl~etiier	fised or
7 & 8 G. 4, c. 30,

moveable, prepared for or eriiploged i n m y I ~ ~ L Z ~ ~ L C hire 1~11:itsoev~~r

ss. 4, 21.

(except the manufactnre of silk, woollcw, lil~eii, or cottoll goods,

or goods of any one or more of those ~t~atcrials nAiucd with c:wh

otLer, or mixed wit11 any o t l w n~;lterial, or any finn~eaorlc-knitted

piece, stocking, hose, or lace), shall be guilty of fhlony, a i d being

convicted thereof, shall be liable, at the discretion of the Court, to be

imprisoned for any term not exceeding four years, with or witlmut

hard labor, and with or without solitary confi~wnient.

As to malicious illjuries to corn, trees, vegetable productions, &C.:

Setting fire crope of 16. Wll~soevcr shall unlawfully and rilaliciously set fire to any

corn, &c. crop of corn, grain, or pulse, whetlrer standing or cut down, or to

a 8 r, c. 30,

m. 17, 27.

any grain or pulse, whether thrashed or untllrashed, or to any

part of a wood, coppice, or plantation of trees, or to any grass, heath, gorse, furze, or fern, wheresoever the same may he growing, shall be guilty of felony, and being convicted tlrereof, shall bc liable, a t

the dis&tion of the Court, to be inlprisoned for any term not

exceeding four years, with or without hard lwbor, and with or

without solitary confinement.

17. Wlrosoevw

11. Whosoever shall oulawfully a d l~~aliciously set fire to any :;?;,",',","to 8tads

stack of corn, gmin, pulse, tares, straw, haulill, stubble, furze, 7w. 4, and L Vict., c.

heath, fern, hay, turf, peat, coals, charcoal, or wood, or any steer !:k::t,12 i2 :.yd	wood, shall bc guilty of felony, and being convicted thereof sl~all be
liable, a t the discretion of the Court, to be imprisoned for life, or for any less term, with or without hard labor, and with or without solitary or separate cot~finernent,

18. Whosoever shall unlawfully and maliciously, by a,ny overt Attempting to set fire

act, attempt to sct fire to any stack or steer, or to any vegetable vcgetablc prorlucc. t o any stark, stccr, or

produce of such kind, and with such intent that if the offence were 9 loyict. , c. 25,

complete the offender would be guilty of felony, shnll, although 88. 7, 9, 11.

such stack, steer, or vegetable produce bc not actually set on fire, be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be imprisoned for any tcrm not exceeding eight years, with or without Lard labor, a r d with or withrrut solitary confinement.

1 9. Whosoever s ldl unlawfully and msliciousl y cut or other- D e s t v i n g hop binds. f and H G. 4, c. 30, S.

wise destroy any hop binds growing on poles in any plantation IS,, W. 4, ,	a	1
of hops shall he guilty of felony, aud being convicted thereof, shall

be liable, at the discretion of tlie Court, to he imprisoned for any

1.

term not exceeding eight year?, with or without hard labor, and

with or without solitary confinement.

20. Whosoever shall ullhwfully and nlalicioualy, cut, break, ing D~stroying trees, shrubs, or damag- &C.,

bark, root up, or otherwise destroy or danmge the wholc or ally part ,, the value of more

of any tree, sapling, or shrub, or any underwood respectively, than pleasure &l, ground, growing &c. in a

growing in any park. pleasure ground, garden, orchard, or avenue, 7 and 8 G. 4, c. 30,

or in any ground adjoining to or belonging to any dwelling-house ss.19i 27.

(in case the amount of the ii2jury done shall exceed the sum of One Pouad), shall be guilty of felony, and being convicted thereof shnll be liable, at the &eretion of the Court, to be irnprisoned for any tcrm not exceediug fimr years, with or without hard labor, and with or witliout solitary confinement.

21. Whosoever shall unlawf~dly and maliciouslf. cut, break, bark, n~st roping or dam%-

ing trees, Arnbs, B C. ,

root up, or otherwise destroy or damage the whbte or any part of ,, ,l,, ,,l, ,,,,,

any tree, sapling, or shrub, or any underwood respectively, grow- than where $5, than w w i w c l a e - in a plea-

ing elsewhere than in any park, pleasure ground, garden, orchard, or ,,,, ,,,,, ,,, &,.

47 501

avenue, or ill ally ground adjoining to or belonging to any dwelling- 7 and 19.

house (in case the nmount of' injury done shall excecd the sum of

Five Pounds), shall bc guilty of felony, arid being convicted thereof

shall be liable, at the discretion of the Court, to be irnprisoned for any term not exceeding four years, with or without hard labor, and with or without solitary confinement.

22, Whosoever ~11,211 unlawfully and maliciously cut, break, Damaging trt'es *l t110

bark, root up, or otheraise destroy or damage the whole or any :g: :" ; ; o"' """

part of any tree, sapling,. or shrub, or any underwood, whercsoever 7 . .a B c. 4, C. 30, ss.

&he same may be respectively growing, the injury done being to the 20, 27.

X arnouut

amount of One Sldl i r~g at the least, after having been twice sum- #marily convicted of arly of the offences in this sectioil before men- tioned (whether .all the said offences be of the same description or not, and whether both or either of such summary convictions shall have taken place before or after the passing of this Act), shall be

guilty of felony, and b c i n ~ convicted thereof shall be liable, a t t l ~ e

discretion of the Court, to be imprisoned for any term not exceeding four years, with or without hard labor, and with or without solitary confinement.

Dawging plants, 23. Whosoever shall unlawfully and maliciously destroy, or

fruits, &C., in gar-

dens, second offence,

7 and 8 G. 4, c. 30,

damage with intent to destroy, any plant, root, fruit, or vegetable

ss. 21, 27.

production growing in any garden, orchard, nursery ground, hot- house, .greenhouse, or conr;mvatory, nftcr having been wrmnarily convicted of any of the offences in this section before mentioned, whether auch second offence be of the same description as the first m not, and whether such suninlary convictioll shall have taken place before or after the paming of this Act), shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to he imprisoned for any term not exceeding four yeam, with or without hard labor, and with or without solitary cawfincxnesst,

As to malicious injuries to mines:

.Setting&e to .a coal 24. Whosoever shall unlawfully and mnliciously set fire to

mine.	, ,,,,,,,, ,, , any mine of coal or cannel coal," or to the tirn?&ring of the
%t., c. 25, S. 9. being convicted thereof shall be liable, a t the discretion of the Court, 89, ss. 9 ,12 ,9 and 10 shafts ar galleries of any mine, shall be guilty of felony, and

to be imprisoned for life, or for any less term, with or without

hard labor, and with or without solitary or scparatc confitlen~mf.

S t k w t i n g to sot fire	25. Whosoever sha.11 unlawfully	and ndiciously by	any	overt
to a minc.

S md 10 viCt.,c, 25, act attempt to set fire to any mine, or to the timbering of the

SS. 7, 9, 11. shafts or galleries of any mine, and with such intent that if

the offence were conlplete the off'ender would be guilt,y of felony, shall, although such mine be not actually set on fire, be guilty of

of the Court, to be imprisoned fbr any term not exeeeding eight felony, and being convicted thereof shall be liable, a t the discretion

years, with or without hard labor, and with or without solitary

.confi~ement.

ameying waterinto	26. Whosoever shall unlawfully and maliciously cause any
a mine, obstructing the

iahaft, &C. water to be conveyed into any mine, or into any subtcrraneous

7 and 8 8. 4, c. 3 0, s ~. passage communicating therewith, with intent thereby to destroy or

6, 27. damage such mine, or to hinder or delay the working thereof, or shall with the like intsnt unlawfully and maliciously pull down, fill up, or obstruct any airway, waterway, drain, pit, level, or shaft of or belonging .to any mine shall be guilty of fklony, and being con- victed thereof shall be liable, at the discretion of the Court, to be imprisoned forany term not exceeding four years. with or without hard labor, and with or without solitary confinement, and with or with- out whipping: Provided that this provision shall not extend to

any

any drtmnge committed underground by any owner of any adjoining mine in working the sanlc, or by any person duly employed in such working.

27. ~ ~ l l o s o e v e r shdl ~~dawfu l ly and maliciously pull down engines, Damaging staiths, the steam wag-

or destroy, or damage with intent to destroy or rpnder useless, gOn-a'ltyS,

m y steam engine or other engi~re for sinkirlg, draining, or work-

4, c. 309

ing any mine, or any staith, building, or erection used in conducting the lousiness of any mine, or ally bridge waggonway, or trunk for conveying nlinerals from any mine, whether such engine, staitlr, building, ercction, bridge, waggonway, or trunk be completed or in any uilfiaished state, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not excceuir~g four years, with or without hard labor, and with or without solitary confinement.

As to mnlicious injuries to sea banks, rivers, canals, ponds,

bridges, tur~lpike gates, &c.:

28. Whosoever shall ualawfully and n~alicioualy break down Destroying any sea bank, BC., or wall on

or cut down any sea batik or sea wall, or the bank or wall of cimal.

any river, card, or ~narrh, whereby any lnr~ds shall be overflowed :p;~,~,~; 41 c. 30,

or damaged, or sl~nll be in danger of being so, or shall unlawfully and ndiciously throw dowrl, level, or otherwise destroy any lock, slnice, flood gate, or other work on any navigable river or canal shall be guilty of frlnuy, and, being convicted thereof, shall be liable, a t the discretion of the Court,, to h imprisoned for life or for any

I r m term, with or without hard lnhor, and with or without solitary

collfinement.

2 9. Whosoever shall un~awfully and maliciously cut off, drw W Removing the piles of

1111, or remove any piles, chalk, or other materials fixed in the ~ ~ ~ ~ $ ~ ~ $; ~ ~

ground, and naed for securing any sea bank or sea wall, or the obatruot the naviga-

bank or wall of any river, card, or marsh, or shall unlawfully and ,,,,I. tion of a river or

mdicionsly open or draw up any flood gate, or do any other injury 7 m d 8 G. 4, c. 30, ss.	or nliscllief to any nrtvipblc river or canal, with intent and so as 1'427
thereby to obstruct or prevent the carrying on, completing, or niain-
taining the navigation thereof, shall be gu~l ty of felony, and being convicted thereof, shall be liable, at the discretiou of the Court, to
be imprisoned for any tern] not exceeding four years, with or
without hard labor, and with or without solitary confinement.

30. Whosoever shall unlawfully and maliciously break down Breaking down the

or otherwise destroy the dam of any fish pond, or of any water $;;[;aT;;;bjt;I;'I;'	which shall be private property, or in which there shall be any ing fi~h.
private right of fishery, with intent thereby to take or destroy any G. ' 9 c 30,
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 ndiciously put any lime or other noxious material in any such pond or water, with intent thereby to destroy any of the fish therein, or shall uulawfully and n~aliciously break down or otherwise destroy the dam of any mill pond, shall be guilty of misderneanor, and being

convicted

t!ohvicteed thereof shall he liable, at the discretion of the Court, to be imprisoned with or without hard labor for m y tern1 not exceeding

four years.

fnjnry to a public	bridge.	31. Whosoever' shall unluwfully and maliciously pull down or in anywi~e destroy any public bridge, or do any injury with intent and so as thereby to render such bridge or any part thereof dangerous or impassable, shall be guilty of felony, and being con- victed thereof, shall be liable a t the discretion of the Court, to be imprisoned for life, or for any less term, with or without hard labor, and with or without solitary or separate confinement,
f and8 G. 4. c. 30, ea.
bestroying piafib,
&C., in gardens, &c.	32. If any person shall unlawfully and maliciously destroy or damage with intent to destroy, any plant, root, fruit, or vegetable pro-
Pirst offence&	duction, growing in any garden, orchard, nursery ground, hothouse, greenhouse, or conservatory, every such offender, being convicted thereof before a Justice of the Peace for the said Province, shall, at
Sutnmarp conviction.	the discretion of the Justice, either be committed to thc comnion gaol, there to be imprisoned only, or to be imprisoned and kept to
imprisonment ;
Six calendar months	hard labor for any term not exceeding six calendar months, or else
shall forfeit and pay over and above the amount of the injury done,
Or,

L penalty not exceed- may order such sum of money not exceeding Twenty Pounds, as to the Justice

Twentyl'oundsabove shall seem meet; and if any person so convicted shall afterwards

the value.

Second offence.	commit anv of the said offences, such offender shall be deemed guilty
Yelony.	of felony, and being convicted 'thereof, shall be liable to any oi' thk punishments which the Court may award for the felony hereinbefore last mentioned,

Destroying vege-

tables, &C., not in 33. If any person shall unlawfully and maliciously destroy or 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 enclosed, not being a garden, orchard, or nursery

gardens.

First offenco. ground, every such offender being convicted thereof before a Justice of the Peace for the said Province, shall, at the discretion of the Justice, either be committed to the common gaol, there to be

imprisoned only, or to be imprisoned and kept to hard labor for any

term not exceeding one calendar month, or else shall forfeit and pay, over and above the amount of the injury done, such sum of money not exceeding Twenty Shillings, as to the Justice shall sccm meet,

Second offenco. and in default of payment thereof, together with the costs, if' ordered, shall be committed as aforesaid, for any term not exceeding one calendar month unless payment be sooner made; and if any person so convicted shall afterwards be guilty of any of the said ofiences. and shall be convicted thereof in like manner, every such offender shall be committed to the common gaol, there to be kept at hard labor for such term not exceeding six calendar months, as to the convicting Justice shall seem meet.

DwtrO~hg fences*rc+ 34. If m y person shall unlawfully and maliciously cut, break, throw down, or in anywise destroy any fence of any description whatsoever, or

or any wall, stile, or gate, or any part thereof respectively, every

such offender being so convicted before a Justice of the Peace for the First offence,

said Province, shall for the first offence forfeit and pay over and above

the amount of the injury done such sum of money not exceeding Five

Pounds, as to the Justice shall seem meet; and if any person so	convicted shall afterwards be guilty of any of the said offences, and Second offence.
shall be convicted thereof in like manner, every such offender shall be committed to the common gaol, there to be kept at hard labor for such term not exceeding twelve calendar months, as to the convicting Justice shall seem meet.

As to malicious injuries to railways:

35. Whosoever shall wilfully and maliciously put, place, cast, ~ ~; ;, ~ ~ ~ ~ ~ $ '

or throw upon or across any railway any wood, stone, or other to obstruct or over-

matter or thing, or shall wilfully and maliciously take up, remove, $ ~ ~ ~ ~ ~ $ ~ ~; .	";
or displace any rail, slee er, or other matter or thing belonging s. 6.
to any railway, or sha l wilfully and maliciously turn, move, F	or divert any points or other machinery belonging to any railway,
or shall wilfully and maliciously make or show, hide or remove, any signal or light upon or near to any railway, or shall wilfully and maliciously do or cause to Fe done any other matter or thing, with intent, in any of the cases aforesaid, to obstruct, upset, overtl~row,
injure. or destroy any enqine, tender, carriage, or truck using such railway, shall be guilty of fclnny, and being cor~victed thereof s21all be liable, at the discretion ofthc Court to be imprisoned for life, or for any lcss term, with or without hard labor.

36. Whosoever shall wilfully do or came to be done any Obstructing engines or carriages on rail-

thing in such manner as to obstruct any engine or carriage way,.

using any railway, or shall aid or assist therein, shall be guilty of ~ ~ ~ 4 Y i c t ~ ~	e.97.
a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labor.

As to malicious injuries to works of art:

Destroying or dnmag-

3 7. Whosoever shall unlawfully and nlaliciously destroy or. mg works of art, iu

damage any thing kept for the purposes of art, science, or museums, churches, literature, or as an object of curiosity, in any museum, gallery, End	ct., ..	r r,
cabinet, library, or other repository which museum, gallery, 8s. l, 4. cabinet, library. or other repository is either a t all times or from time t; timew open for the adm;ssion of the public or of any considerable number of persons to view the same, either by the permission of the proprietor thereoc or by the payment of money before entering the same, or any picture, statue, monument, or painted glass in any church or chapel or other place of religious worship, or in any church yard or cemetery, or any statue or monument exposed to public view, shall be guilty of a misdemeanor, and being convicted thereof shall be liable to be imprisoned for any period not exceeding six months, with or without hard labor: Provided that nothing herein contaked shall be deemed to affect the right of any person to recover, by action at law, damages for the injury so

committed. AB

Y

As to malicious injuries to cattle:

K a b g o r m G m i w	38. Whosoever	shall unlawfully and	maliciously	kill,	maim,
cattle.

7 and 8 G. 4, c. 30, or wound any cattle shall be guilty of felony, and being convicted

Is, T W * 47 andlVict. thereof shall be liable, at the discretion of the Court, to be im-

c. 90, ss. 2, 3, 9 and

10 Vict., c. 24, e. I.

prisoned for any term not exceeding eight years with or without

hard labor, and with or without solitary or separate confinement.

setting firet~arsends,

ma azinos, or stores.

39. Whosoever shall in this Colony wilfully and lnaliciously set

on fire or burn, or otherwise destroy, or cause to be set on fire, or

12$. 3, ~. 24, 1.

otherwise destroyed, any of Her Majesty's arsenals, magazines, dockyards, ropeyards, 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 Her Majesty's military, naval, or victualling stores, or other ammunition of war, or any place or places where any such mili- tary, naval, or vict~ialliug stores, or other ammunition of war is, are, or shall be kept, placed, or deposited, shdl be guilty of felony, and being convicted thereof sliall suffer death as a felon,

Setting fire to a ship, 40. Whosoever shall unlawfully and maliciously set firc to or in

7 m. and l Vict-, c. anywise destroy any ship or vessel, whether the same be com- 89, ae. 6, 12.

pletc or in an unfinished state, shdl be guilty of felony, and being convicted thereof shall be liable, at t l ~ e discretion of the Court, to to be inlprisoiled for life, or for any less term, with or without hard labor, and with or without solitary or separate confinelllent.

setting fire to a ship 41. Whosoever shall unlawfully and nlaliciously set fire to, cast

gered. away, or in anywise dcstroy m y ship or vessel, whereby the life of 7 W. 4, md 1 Vict. ,~. any person shall be end:mgered, shall bc guilty of felony, and being	SS, S. 4.	convicted thereof shall suffer death as a felon.
Setting fire to ships t~
prc'udicc the owner or	42, Whosoever shall unlawfully and maliciously sct fire to, or thereby to prejudice any owner or part owner of such ship or vessel, or of any goods on board the sanie, or any person that has mader- written or shall underwrite any policy of insurance upon such ship
underwriters.	cast away, or in anywise destroy any ship or vessel, with intent
7 W. 4, and 1 vict.,
c. 89, ss. 6, 12.

or vessel, or on the freight tliereof, 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 C o ~ ~ r t, to be inqwisonetl for life, or

for any less term, with or without hard labor, and with or witl~out

solitary or separate confinement.

Attempting to set fire

tu a vessel.	43. Whosoever shall unlawfully and maliciously, by any overt the offence were complete the offender would be guilty of felonv, and liable to imprisonment for life, shdl, althougli such vessel 6e not actually set on fire, be guilty of fclony, and being convicted thereof shall be liable, a t tllc discretion of the Court, to be im- prisoned for any term not exceeding eight years, with or without hard labor, and with or without solitary or separate confinement.
9 and 10 Vict., c. 25,	act, attempt to set fire to any vessel, and with such intent that if
8.3. 7, 9.

44. Whosoever shall unlawfully and maliciously place or throw ~ ' ~ ~ C ~ ~; ~ ~ i n i n

in, into, upon, against, or near any vessel, any gunpowder or other tent to damage it. explosive substance, with intent to destroy or damage any vessel,: a ~, d ~ o l ~ i " r " or any machinery, working tools, fixtures, goods, or chattels, shall,

whether or not any explosion take place, and whether or not any injury is effected to such vessel, machinery, working tools, fixtures, goods, or chattels, be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding eight years, with or without hard labor,

and with or without sol~tary or separate confinement.

45. Whosoever shall unlawfully and maliciously damage, other- Damagingshi sother.

wise than by fire, gunpowder, or other explosive substance, any wise than by ire.

,,,, Q ,, ,, , ,

ship or vessel, whether complete or in an unfinished state, with 1 0, ~ ~.

intent to destroy the same, or render the same useless, shall be

guilty of felony, and being convicted thereof shall be liable, at the

discretion of the Court, to be imprisoned for any term not exceed-

ing four years, and with or without solitary or separate confine-

ment,

46. Whosoever shall anlawfully exhibit any false light or signnl, :$iE.ng fnl"si~-

with intent to bring any ship or vessel into danger, or shall unlnw- 7 W. 4, nnd 1 Vict.,

fully and nldiciously do any .thing tending to the inmediate loss or y;	destruction of any ship or vessel in distress, shall be guilty of felony,	:;
and being convicted tllereof shall suffer death as a felon.

47. Whosoever shall unlawfully and nittliciously destroy any D c s t ~ - i n g wrpcka or

any articles belonging

part of any ship or vessel which shall be in distress, or wrecked, thc,,to,

stranded, or cast on shore, or any goods, merchandize, or articles of :9~6,4L:;~,lJ5ct.9	c.
any kind belonging to such ship or vessel, shall be guilty of felony, and being convicted thereof shall be liable, n.t the discretion of the Court, to he imprisoned for any term not exceeding eight years, and with or without solitary or separate confinement.

Whosoever wilfully shall cut away, cast adrift, remove, alter, deface, sink, or destroy, or do or comrnit any act with intent and Wreclr and salvage :;!Ling ~ [ ~ O Y S,

48.

design to cut away, cast adrift, remove, alter, de'face, sink, or destroy,	:c$9B~&10
or in any other a n y injure or conceal any buoy, buoy rope, boat, or other mark, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to he imprisoned for any term not exceeding h u r years, with or without hard labor.

As to other matters:

49. Every punishment by this Act imposed on any person Malioe againfit owner of property unncct2s-

maliciously committing any offence shall equally apply and be eo- , , ,

forced, whether the offence shdl be committed from malice con- 7 and 8 G. 4. c. m, S,

ceived against the owner of the property in respect of which it shall 44, 8, 2.	25, 8 and 9 Viot., c.
be conlnlittcd or otherwise,

50. I n all cases where any person s l d be convicted of a mis- Firle and suretics for

demeanor under this Act, it shall be lawful for the Court, if it shall ,,,,,. the peace, in what

think

think fit, in addition to or in lieb of any of the punishments by this Act authorized, to fine the offender, and to require him to find sureties for keeping the peace and being of good behaviour, both or either; and in all cases of felonies in this Act mentioned, not punishable with death, it shall be lawf'ul for the Court, if it shall think fit, to require the offender to find sureties for keeping the peace, in addition to any of the punishments by this Act authorized.

Hard labor, solitary

confinement, and	51. Where imprisonment with or without hard labor may be awarded for any offence under this Act, the Court may sentence the offender to be im~risoned. or to be immisoncd and k e ~ t to hard labor, in any common Gaol 'or labor p&on; and whe& solitary confinement may be awarded for any offence under this Act, the Court may direct the offender to be kept in solitary con- finement for any portion or portions of his imprisonment, or of his imprisomuent with hard labor, not exceeding one month at any one time, and not exceeding three months in any one year; and where any offender, convicted under any clause of this Act, shall be under the age of fourteen years, the Court may sentence the offender, if a male, but not otherwise, to be once, twice, or thrice publicly or privately whipped.
whipping.
Commencornent of

Act. 52. This Act shall take effect from. the passing thereof.

* '

Adelaide ; Prinbd by authorityl by W. C. Cox, Govemuneat Priater, Victoria-square.