Works of Art Protection Act 1849 No 2a (NSW)

No, II

An Act for the bet ter protection of Works of Art and Scientific and Literary Collections, [12th

July, 1849.]

W H E R E A S it is expedient to provide for the be t t e r protect ion of

W o r k s of A r t and of Scientific and Literary Collections and

also of P u b l i c Sta tues and M o n u m e n t s and other t h ings from wanton

injury Be it therefore enacted by H i s Excel lency the Governor of N e w South Wales wi th the' advice and consent of t he Legislative; Council thereof T h a t from and after the pass ing of th is Act every person who shall unlawfully and maliciously destroy or damage a n y t h i n g kept for the; purposes of a r t science or l i t e ra tu re or as an object of curiosity in any m u s e u m gal lery cabinet l ibrary or o ther reposi tory which m u s e u m gallery cabinet l ibrary or o ther repository is ei ther at all t imes or from t ime to t ime open for t he admission of t h e publ ic or of any con­ siderable n u m b e r of persons to view the; same e i ther by permiss ion of the proprie tor thereof or by the p a y m e n t of money before en te r ing the same or any p ic tu re s t a tue m o n u m e n t or pa in ted glass in any church or chapel or o ther place of rel igious worship or any tombs tone in any bur ia l g round or any statue; or m o n u m e n t exposed to publ ic view or any mile s tone or mile post em or near any publ ic h ighway shal l be gui l ty of a misdemeanor a n d be ing duly convicted thereof shall he- liable; to be imprisoned for any period no t exceeding six m o n t h s wi th or wi thou t ha rd labor or if a male be privately whipped in such m a n n e r as t h e Cour t before which such person shall be; tr ied shall direct.

according to law.

2. A n d be i t enac ted Tha t every pun i shmen t imposed on any

person for an offence against any of t he provisions of th is Ac t shall apply and be enforced whe the r the offence shall be commit ted from malice; conceived against t h e owner of t he t h i n g damaged or destroyed

e>r not .

3 . A n d be it enacted Tha t any person found commi t t i ng any offence aga ins t any of the; provisions of th is Act may be immediate ly apprehended wi thout a war ran t by any other person and for thwith t aken before some ne ighbour ing Jus t i ce of the Peace to be dealt wi th

4. Provided always and he it enacted Tha t n o t h i n g here in con­ ta ined shall be deemed to affect t h e r igh t of any person to recover by act ion a t law damages for any in jury so commit ted .

5. A n d be it enacted Tha t every person who shall abet counsel

or p rocure t h e commission of any offence against any of t he provisions

of th is Act shall be pun i shed as a pr inc ipa l offender.