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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 besore 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 lopbinds growing on poles in any plantation of hops, every such offender shall be guilty of felony,” sand 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 terin 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 donc “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 i Vict. c. 89, s. 5, (re-enacting part of the Ilth 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 i 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 uulawfully 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

(u) 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, is 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,

woolen, linen, or cotton, or of any one or more of those materials mixed [ *624 } *with each other, or mixed with any other material, or any framework-knitted piece, stocking, hose, or lace, respectively, being in the loom op frame, or on any machine, or engine, or on the rack or tenters, or in any stage, process, or progress of manufacture; or shall unlawfully and maliciously cut, break or destroy, or damage with intent to destroy, or to render useless, any warp or shute of silk, woolen, linen, or cotton, or of any one or more of those materials mixed with each other, or mixed with any other material, or any loom, frame, machine, engine, rack, tackle or implement, whether fixed or movable, prepared for or employed in carding, spioning, throwing, weaving, fulling, shearing, or otherwise manufacturing or preparing any such goods or articles; or shall by force enter into any house, shop, building or place, with intent to commit any of the offences aforesaid ; 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 life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four 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."

This clause enumerates a variety of separate offences. The proofs in general will be, 1, proof of the unlawful and malicious act; 2, the nature of the property upon which that act was done, which must appear to be within the description of the statute; 3, the property of the prosecutor ; 4, the intent with which the act was done, according to the statute ; and 5, the malice.

Where the prisoner was indicted, under the 28 Geo. 3, c. 55, s. 4, for entering a shop, and maliciously damaging a certain frame, used for the making of stockings, and it appeared that he had unscrewed and carried away a part of the frame, called the half-jack, an essential part of the frame, without which it is useless, this was held a damaging of the frame within the statute. Tacey's case, Russ. and Ry. 452 (a).

Where the prisoners were charged, under the 22 Geo. 3, c. 40, s. 1, with breaking into a house with intent to cut and destroy certain tools employed in making woolen goods, and it appeared that the article destroyed was part of the loom itself, they were held to be rightly acquitted. Hiel's case, Russ. and Ry. 463 (b).

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Proof of destroying threshing-machines, and certain machines used in manufacture.] By the 7 & 8 Geo. 4, c. 30, s. 4, "if any person shall unlawfully and maliciously cut, break, or destroy, or damage with intent to destroy, or to render useless, any threshing-machine, or any machine or engine, whether fixed or movable, prepared for or employed in any manufacture whatsoever, (except the manufacture of silk, woolen, linen, or cotton goods, or goods of any one or more of those materials, mixed with each other, or mixed with any other material, or any framework-knitted piece, stocking, hose, or lace,) every such offender shall be guilty of felony, and, being convicted thereof, shall be liable, at the dis( *625 ) cretion of the Court, to be *transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding

(a) 1 Eng. C. C. 452. (6) Ibid. 483.

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."

It has been held in several cases, that it is an offence within the statute, though, at the time when the machine is broken, it has been taken 10 pieces, and is in different places, only requiring the carpenter to put those pieces together again. Mackerel's case, 4 C. and P. 443 (a). So where the machine was worked by water, and the prosecutor, expecting a riot, took it to pieces, and removed the pieces to the distance of a quarter of a mile, leaving only the water-wheel and its axis standing, and the wheel was destroyed by the prisoners; this was held to be an offence within the statute. Fidler's case, 4 C. and P. 449 (). Where certain sideboards were wanting to a machine, at the time it was destroyed, but which did not render it so defective as to prevent it altogether from working, though it would not work so effectually, it was still held to be a threshing-machine within the statute. Bartlett's case, Salisb. Sp. Com. 3 Deac. Dig. C. L. 1517. So also where the owner removed a wooden stage, belonging to the machine, on which the man who fed the machine was accustomed to stand, and bad also taken away the legs ; and it appeared that though the machine could not be conveniently worked without soine stage for the man to stand on, yet that a chair or table, or a number of sheaves of corn would do nearly as well, and that it could also be worked without the legs; it was held to be within the statute. Chubb's case, Salisb. Sp. Com. 2 Deac. Dig. C. L. 151. But where the owner had not only taken the machine to pieces, but had broken the wheel, from fear of its being set on fire, and it appeared that, without the wheel, the engine could not be worked, this was held to take the case out of the statute.

West's case, Salisb. Sp. Com. 2 Deac. Dig. C. L. 1518. See also, Crutchley's case, ante, p. 24.

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Distinclion between manslaughter and murder.] Manslaughter is principally distinguishable from murder in this, that though the act which occasions the death is unlawful, or likely to be attended with bodily mischief, yet the malice, either express or implied, which is the very essence

(a) Eng. Com. L. Rep. xix. 467. (b) ld.

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