the loss or destruction of any of the fish, or shall unlawfully and maliciously 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 unlawfully and maliciously break down or otherwise destroy the dam of any mil!pond, every such offender shall be guilty of a misdemeanor, 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."

The above section provides against the defect in the former stat. 9 Geo. 1, c. 22, under which it was held, that if the prisoner broke down the mound of the pond with intent to steal the fish, it was not within the statute. Ross's case, Russ. and Ry. 10 (a).

WITH REGARD TO TURNPIKE GATES, TOLL-HOUSES, &c.

By the 7 & 8 Geo. 4, c. 30, s. 14, "if any person shall unlawfully and maliciously throw down, level, or otherwise destroy, in whole or in part, any turnpike-gate, or any wall, chain, rail, post, bar, or other fence belonging to any turnpike-gate, or set up or *erected to prevent [*619 ] passengers passing by without paying any toll directed to be paid by any act or acts of parliament relating thereto, or any house, building, or weighing-engine erected for the better collection, ascertainment, or security of any such toll, every such offender shall be guilty of a misdemeanor, and, being convicted thereof, shall be punished accordingly."

WITH REGARD TO TREES AND VEGETABLE PRODUCTIONS.

Proof of cutting, &c. trees, &c. above the value of 1l. in parks, &c.] The provisions on this subject were formerly contained in the statutes 6 Geo. 3, c. 36, and 4 Geo. 4, c. 54; but these are now repealed by the 7 and 8 Geo. 4, c. 27, and the following provisions substituted by the 7 and 8 Geo. 4, c. 30.

By the 19th section of that statute, "if any person shall unlawfully and maliciously cut, break, bark, root up, or otherwise destroy or damage the whole or any part of any tree, sapling, or shrub, or any underwood, respectively growing in any park, pleasure ground, garden, orchard, or avenue, or in any ground adjoining or belonging to any dwelling-house, every such offender (in case the amount of the injury done shall exceed the sum of one pound) 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; and if any person shall unlawfully and

(a) 1 Eng. C. C. 10.

maliciously cut, break, bark, root up, or otherwise destroy or damage the whole or any part of any tree, sapling, or shrub, or any underwood, respectively growing elsewhere than in any of the situations hereinbefore mentioned, every such offender (in case the amount of the injury done shall exceed the sum of five pounds) shall be guilty of felony, and, being convicted thereof, shall be liable to any of the punishments which the court may award for the felony hereinbefore last mentioned."

The prosecutor must prove: 1. that the tree, sapling, &c., in question, was growing in some park, pleasure ground, &c.; 2. that its value exceeded 1.; 3. that it is the property of the prosecutor; 4. that the defendant cut, rooted it up, or otherwise destroyed or damaged the whole or some part of it; 5. that the act of the defendant was wilful and malicious.

When the ground is described as adjoining to a dwelling-house, and it appears that the ground and dwelling-house are separated by a walk, it is a variance. Hodges' case, Moo. and Malk. N. P. C. 341 (a).

Upon the statute 9 Geo. 1, c. 22, s. 1, the words of which were "shall cut down or otherwise destroy," it was held that the cutting [ *620 ] *down of fruit trees, though such cutting down did not destroy the trees, was within the act. Taylor's case, Russ. and Ry. 373 (b).

Proof of destroying or damaging trees, &c. wheresoever growing, of any value above 18.] By the 7 and 8 Geo. 4, c. 30, s. 20, "if any person shall unlawfully and maliciously cut, break, bark, root up, or otherwise destroy or damage the whole or any part of any tree, sapling, or shrub, or any underwood, wheresoever the same may be respectively growing, the injury done being to the amount of one shilling at the least, every such offender, being convicted before a justice of the peace, 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 shall be convicted thereof in like manner, every such offender shall for such second offence be committed to the common gaol or house of correction, there to be kept to hard labor for such term, not exceeding twelve calendar months, as the convicting justice shall think fit; and if such second conviction shall take place before two justices, they may further order the offender, if a male, to be once or twice publicly or privately whipped, after the expiration of four days from the time of such conviction; and if any person so twice convicted shall afterwards commit any of the said offences, such offender shall be deemed guilty of felony, and, being convicted thereof, shall be liable to any of the punishments which the court may award for the felony hereinbefore last mentioned."

The prosecutor must prove, 1, the two previous convictions by certified copies (see 7 & 8 Geo. 4, c. 30, s. 40) and they must be correctly set out, see ante, p. 381; 2, the commission of the third offence, by proving the cutting, &c. of the tree; that it is above the value of 1s.; that it is the property of the party mentioned; and that the act was done wilfully and maliciously.

(a) Eng. Com. L. Rep. xxii. 330. (b) 1 Eng. C. C. 373.

Proof of destroying plants, &c. in a garden.] By the 7 & 8 Geo. 4, c. 30, s. 21, "if any person shall unlawfully and maliciously destroy, or damage with intent to destroy, any plant, root, fruit, or vegetable production, growing in any garden, orchard, nursery ground, hothouse, greenhouse, or conservatory, every such offender, being convicted thereof before a justice of the peace, shall, at the discretion of the justice, either be committed to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labor, for any term not exceeding six calendar months, or else shall forfeit and pay, over and above the amount of injury done, such sum of money, not exceeding twenty pounds, as to the justice shall seem meet; and if any person so convicted shall afterwards commit any of the said offences, such offender shall be deemed guilty of felony, and, being convicted thereof, shall be *liable to any of the punishments which the court may award [ *621 ] for the felony herein-before last mentioned.

The proofs on a prosecution for this offence will resemble those in the last case.

The words "plant," or "vegetable production" do not apply to young fruit trees. Hodges's case, M. and M. 341 (a), ante.

Proof of cutting or destroying hopbinds.] By the 7 and 8 Geo. 4, c. 30, s. 18, "if any person shall unlawfully and maliciously cut or otherwise destroy any hopbinds growing on poles in any plantation of hops, every such offender shall be guilty of felony," [and being convicted thereof, was liable to be transported for life, or for not less than seven years, or to be imprisoned for not exceeding four years, &c.]

The 7 Wm. 4 and 1 Vict. c. 90, s. 2, repeals so much of the above section as relates to the punishment of persons convicted of the offences therein specified, and enacts, that " every person convicted after the commencement of this act of any of such offences respectively, shall be liable to be transported beyond the seas for any term not exceeding fifteen years, nor less than ten years, or to be imprisoned for any term not exceeding three years."

For s. 3 of the above act, see ante, p. 333.

The prosecutor must prove the cutting or destroying of the hopbinds, that they were growing on poles in some plantation of hops, the property of the party specified, and that the act was done unlawfully and maliciously.

WITH REGARD TO SHIPS."

Proof of destroying ships with intent, &c.] The offence of destroying ships with intent to defraud underwriters, &c., was provided against by the 43 Geo. 3, c. 113, and 33 Geo. 3, c. 67, which were repealed by the 7 & 8 Geo. 4, c. 27, and a new enactment substituted by the 7 & 8 Geo. 4, c. 30, s. 9, but which section has also been repealed and re-enacted, with some verbal alterations, by the 7 Wm. 4 and 1 Vict. c. 89, s. 6; see ante, p. 256.

(a) Eng. Com. L. Rep. xxii. 330.

The prosecutor must prove, 1, that the matter set fire to, was a ship or vessel; 2, the act of setting fire to or destroying; 3, the intent within the words of the statute; and 4, the malice.

Patteson, J., inclined to think that a pleasure boat, eighteen feet long, was a ship or vessel within the meaning of the act. Bowyer's case, 4 C. and P. 559; see also Smith's case, ante, p. 256.

In construing the repealed acts of 4 and 10 Geo. 1, it was ruled that if a ship was only run aground or stranded upon a rock, and was afterwards got off in a condition capable of being easily refitted, she could not be said to be either cast away or destroyed. De Londo's case, 2 East, P. C. 1098.

[ *622 ] *Where the intent is laid to be to defraud the underwriters, as to the proof of the policy, vide ante, p. 253.

Proof of maliciously damaging ships, otherwise than by fire, with intent to destroy the same, &c.] By the 7 and 8 Geo. 4, 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 unfinished 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." The proofs, upon a prosecution for this offence, will resemble those in the case last mentioned, except that it will be sufficient to prove an intent to destroy the ship, without showing any intent to prejudice any person thereby.

In an indictment under this clause, it does not appear to be necessary to aver that the damage was done "otherwise than by fire," if the mode in which it was done be stated, as by boring a hole in the bottom of the vessel. Bowyer's case, 4 C. and P. 559 (a).

Proof of exhibiting false lights, &c. with intent to bring ships into danger.] By the 7 Wm. 4 and 1 Vict. c. 89, s. 5, (re-enacting part of the 11th section of the 7 and 8 Geo. 4, c. 30, with some verbal alterations)."whosoever shall unlawfully exhibit any false light or signal, with intent to bring any ship or vessel into danger, or shall unlawfully or maliciously do any thing tending to the immediate loss or destruction of any ship or vessel in distress, shall be guilty of felony, and being convicted thereof, shall suffer death."

This sentence may be recorded, ante, p. 224.

Proof of destroying wrecks, or any articles belonging thereto.] By the 7 Wm. 4 and 1 Vict. c. 89, s. 8 (re-enacting other part of the 11th section of the 7 and 8 Geo. 4, c. 30, with some verbal alterations,) "whosoever shall unlawfully and maliciously destroy any part of any ship or vessel which shall be in distress, or be stranded or cast on shore, or any goods, merchandize, or articles of any kind belonging to such ship or vessel, shall be guilty of felony, and, being convicted thereof, shall be lia

(a) Eng. Com. L. Rep. xix. 527.

ble, at the discretion of the court, to be transported beyond the seas for any term not exceeding fifteen years, nor less than ten years, or to be imprisoned for any term not exceeding three years.'

For s. 4 of the above act, providing against the setting fire to or destroying ships with intent to murder, &c., see ante, p. 255.

Proof of cutting away buoys, &c.] Another offence, connected with that of malicious injuries to ships, is the wilful destruction of buoys; *with regard to which it is enacted, by the 1 and 2 Geo. 4, c. 75, [ *623 ] s. 1, "that if any person or persons shall wilfully cut away, cast adrift, remove, alter, deface, sink, or destroy, or in any other way injure or conceal any buoy, buoy-rope, or mark belonging to any ship or vessel, or which may be attached to any anchor or cable belonging to any ship or vessel whatever, whether in distress or otherwise, such person or persons so offending shall, on being convicted of such offence, be deemed and adjudged to be guilty of felony, and shall be liable to be transported for any term not exceeding seven years, or, to be imprisoned for any number of years, at the discretion of the court in which the conviction shall be made."

Proof of receiving anchors, &c. weighed up.] By the 1 & 2 Geo. 4, c. 75, s. 2, "if any person shall knowingly and wilfully, and with intent to defraud and injure the true owner or owners thereof, or any person interested therein as aforesaid, purchase or receive any anchors, cables, or goods or merchandize which may have been taken up, weighed, swept for, or taken possession of, whether the same shall have belonged to any ship or vessel in distress or otherwise, or whether the same shall have been preserved from any wreck, if the directions thereinbefore contained, with regard to such articles, shall not have been previously complied with, such person or persons shall, on conviction thereof, be deemed guilty of receiving stolen goods, knowing the same to be stolen, as if the same had been stolen on shore, and suffer the like punishment as for a misdemeanor at the common law, or be liable to be transported for seven years, at the discretion of the court before which he, she, or they shall be tried."

And by sect. 15, persons carrying anchors and cables abroad may be transported.

By 1 & 2 Geo. 4, c. 76, similar provisions are made for the Cinque Ports.

See also the 2 Geo. 2, c. 28, s. 13, as to cutting and destroying, &c. cordage, &c. in the Thames.

WITH REGARD TO MACHINERY AND GOODS IN COURSE OF MANUFACTURE.

The law relating to the destruction of machinery was contained in a variety of statutes which were repealed by the 4 Geo. 4, c. 46: and the latter statute, so far as it relates to the same subject, was also repealed by the 7 & 8 Geo. 4, c. 27, and the following provisions substituted by the 7 & 8 Geo. 4, c. 30; the third section of which enacts, "that if any person shall unlawfully and maliciously cut, break, or destroy, or damage with intent to destroy, or to render useless, any goods or article of silk,