Malicious Damage Act


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Malicious Damage (CAP. 258 1

CHAPTER 258

THE MALICIOUS DAMAGE ACT

Arrangement of Sections
Section

1. Short title.

PART I - INJURIES BY FIRE T O BUILDINGS,
AND GOODS THEREIN

2. Setting fire to a church or chapel.
3. Setting fire to a dwelling-house, any person being

therein.
4. Setting fire to a house, outhouse, manufactory, farm

building, &c.
5. Setting fire to any public building.
6. Setting fire to other buildings.
7. Setting fire to goods in any building, the setting fire

to which is felony.
8. Attempting to set fire to buildings.

PART I1 - INJURY BY EXPLOSIVE
SUBSTANCES T O BUILDINGS, AND

GOODS THEREIN

9. Destroying or damaging house with gunpowder, any
person being therein.

10. Attempting to destroy buildings with gunpowder.

PART I11 - INJURIES T O BUILDINGS BY
RIOTERS, &c.

1 1. Rioters demolishing church, building, &c.
12. Rioters injuring building, machinery, &c.

LAWS OF ANTIGUA AND BARBUDA

2 CAP. 258) Malicious Damage

PART IV-INJURIES T O BUILDINGS BY TENANTS

13. Tenants of houses, &c. maliciously injuring them.

PART V - INJURIES T O MANUFACTURES,
MACHINERY, &c

14. Destroying machines in manufactures, threshing
machines, &c.

PART VI - INJURIES T O CORN, TREES AND
VEGETABLE PRODUCTIONS

15. Setting fire to canes, corn, &c.
16. Setting fire to trash, megass, &c.
17. Attempting to set fire to any crops of cane, corn, &c.
18. Carrying or having fire in cane fields, &c.
19. Destroying or damaging trees, shrubs, &c. to the value

of more than $4.80, growing in a pleasure ground,
&c.

20. Destroying or damaging trees, shrubs, &c., to the value
of more than $25.00, growing elsewhere than in
a pleasure ground, &c,

2 1. Damaging trees, wheresoever growing, to the amount
of 25 cents.

22. Destroying any fruit or vegetable production in a garden.
23. Destroying &c., vegetable productions not growing in

gardens, &c.

PART VII - INJURIES T O FENCES

24. Destroying, &c. any fence, wall, stile or gate.

PART VIII - INJURIES T O SEA AND
RIVER BANKS, &c

25. Destroying any sea bank or wall, &c.
26. Breaking down the dam of a pond or fishery, or poison-

ing ponds, fish or water.
27. Removing the piles of any sea bank, &c., or doing any

damage to obstruct the navigation of a river, &c.

LAWS OF ANTIGUA AND BARBUDA

Malicious Damaxe (CAP. 258 3

PART IX - INJURIES T O BRIDGES AND
VIADUCTS

28. Injury to a public bridge, &c.

PART X - INJURIES T O TELEGRAPHS &c

29. Injury to electric telegraphs.
30. Attempt to injure such telegraph.

PART X I - INJURIES T O WORKS O F ART, &C

31. Destroying or damaging works of art in museums,
churches, &c. or in public places.

PART XI1 - INJURIES T O CATTLE AND
O T H E R ANIMALS

32. Killing or maiming cattle.
33. Interpretation of term "cattle".
34. Killing or maiming other animals.

PART XI11 - INJURIES T O SHIPS, VESSELS, &C

Setting fire to ship.
Setting fire to ships to prejudice the owner or
underwriters.
Attem~ting. to set fire to vessel. . "
Placing explosive near a vessel with intent to damage it. - -
Damaging ships otherwise than by fire.
Exhibiting. false sig.nals. &c. " " ,
Removing or concealing buoys and other sea marks.
Destroying wrecks or any article belonging thereto.

PART XIV - SENDING LETTERS
THREATENING T O BURN O R DESTROY

LAM'S OF ANTIGUA AND BARBUDA

4 CAP. 258) Malicious Damaxe

PART X V - INJURIES NOT BEFORE
PROVIDED FOR

44. Persons committing malicious injuries not before pro-
vided for, exceeding the amount of $500.00.

45. Trespass.
46. Persons committing damage in any case not previously

provided for.
47. Preceding section to extend to trees.

PART XVI - MAKING GUNPOWDER TO
COMMIT OFFENCES, AND SEARCHING

FOR T H E SAME

48. Making or having gunpowder, &c., with intent to com-
mit any felony against this Act.

49. Magistrates may issue warrants for searching houses,
&c., for such gunpowder, &c.

PART XVII - OTHER MATTERS

Principals in second degree, and accessories.
Any person loitering at night and suspected of any felony

may be apprehended.
Malice against owner of property unnecessary.
Provisions of Act to apply to person in possession of

the property injured.
Persons in the act of committing any offence may be

apprehended without a warrant.
Abettors in offences punishable on summary conviction.
Application of forfeitures and penalties upon conviction.
The Magistrate may discharge the offender in certain

cases.
A summary conviction shall be a bar to any other pro-

ceeding for the same cause.
Fines and sureties for keeping the peace, in what cases,

&c.
The costs of the prosecution of misdemeanours against

this Act may be allowed.
Application of fines.

LAWS OF ANTIGUA AND BARBUDA

Malicious Damage (CAP. 258 5

MALICIOUS DAMAGE

1. This Act may be cited as the Malicious Damage short title.
Act.

PART I

2. Whosoever shall unlawfully and maliciously set fire E;::!f zci;;,.
to any church, chapel, meeting-house, or other place of divine
worship shall be guilty of felony, and shall be liable to be
imprisoned for any term not exceeding ten years, with or
without hard labour.

3. Whosoever shall unlawfully and maliciously set fire E~;P.~!E:,:
to any dwelling-house, any person being therein, shall be person being
guilty of felony, and shall be liable to be imprisoned for any therein.
term not exceeding ten years, with or without hard labour.

4. Whosoever shall unlawfully and maliciously set fire Setting fire to a
house, outhouse,

to any house, stable, coach-house, out-house, warehouse,
office, shop, mill, barn, store-house, granary, hovel, shed farm building,

&c. or fold, or to any plantation building, or to any building
or erection used for plantation purposes, or in carrying on
any trade or manufacture or any branch thereof, whether
the same shall then be in the possession of the offender or
in the possession of any other person, with intent thereby
to injure or defraud any person, shall be guilty of felony,
and shall be liable to be imprisoned for any term not
exceeding ten years, with or without hard labour.

5 . Whosoever shall unlawfully and maliciously set fire s:;i;'i,;d;z
to any building, other than such as are in this Act before building.
mentioned, belonging to the Queen, or devoted or dedicated
to public use or ornament, or erected or maintained by public
subscription or contribution, shall be guilty of felony, and
shall be liable to be imprisoned for any term not exceeding
ten years, with or without hard labour.

LAWS OF ANTIGUA AND BARBUDA

6 CAP. 258) Malicious Damage

Setting fire to
other buildings.

6. Whosoever shall unlawfully and maliciously set fire
to any building other than such as are in this Act before
mentioned shall be guilty of felony, and shall be liable to
be imprisoned for any term not exceeding ten years, with
or without hard labour.

Setting fire to
goods in any

7. Whosoever shall unlawfully and maliciously set fire
build in^, the to any matter or thing, being in against or under any
setting fire to building, under such circumstances that, if the building werk
which is felony.

thereby set fire to, the offence would amount to felony, shall
be guilty of felony, and shall be liable to be imprisoned for
any term not exceeding five years, with or without hard
labour.

Attempting to set 8. Whosoever shall unlawfully and maliciously, by any
fire to buildings.

overt act attempt to set fire to any building, or any matter
or thing in the last preceding section mentioned, under such
circumstances that, if the same were thereby set fire to, the
offender would be guilty of felony, shall be guilty of felony,
and shall be liable to be imprisoned for any term not
exceeding five years, with or without hard labour.

PART I1

Destroying or
damaging house

9. Whosoever shall unlawfully and maliciously, by the
with gunpowder, explosion of gunpowder or other explosive substance, destroy,

being throw down, or damage the whole or any part of any
dwelling-house, any person being therein, or of any building,
whereby the life of any person shall be endangered, shall
be guilty of felony, and shall be liable to be imprisoned for
any term not exceeding ten years, with or without hard
labour.

Attempting to
destroy buildings

10. Whosoever shall unlawfully and maliciously place,
with gunpowder. or throw, in, into, upon, under, against, or near any building,

any gunpowder or other explosive substance, with intent to
destroy or damage any building, or any engine, machinery,
working tools, fixtures, goods, or chattels, shall, whether or
not any explosion takes place, and whether or not any damage
be caused, be guilty of felony, and shall be liable to be
imprisoned for any term not exceeding five years, with or
without hard labour.

LAWS OF ANTIGUA AND BARBUDA

Malicious Damage (CAP. 258 7

PART I11

11. If any persons, riotously and tumultuously !2;;hing
assembled together to the disturbance of the public peace, church, building,
shall unlawfully and with force demolish, or pull down, or kc.
destroy, or begin to demolish, pull down, or destroy, any
church, chapel, meeting-house, or other place of divine wor-
ship, or any house, stable, coach-house, out-house,
warehouse, office, shop, mill, mill-house, boiling-house,
curing-house, still-house, barn, store-house, granary, shed,
hovel, or fold, or any trash-house, or megass-house, or any
building or erection used in farming land, or in carrying
on any trade or manufacture or any branch thereof, or any
building other than such as are in this section before men-
tioned, or any machinery, whether fixed or movable,
prepared for or employed in any manufacture or in any
branch thereof, or any steam engine, every such offender
shall be guilty of felony, and shall be liable to be imprisoned
for any term not exceeding ten years, with or without hard
labour.

12. If any persons riotously and tumultuously t$:;;,njuring
assembled together to the disturbance of the public peace, machinery, kc.
shall unlawfully and with force injure or damage any such
church, chapel, meeting-house, place of divine worship,
house, stable, coach-house, out-house, warehouse, office,
shop, mill, mill-house, boiling-house, curing-house, still-
house, barn, store-house, granary, shed, hovel, fold, building,
erection, machinery, or engine, as is in the last preceding
section mentioned, every such offender shall be guilty of a
misdemeanour, and shall be liable to be imprisoned for any
term not exceeding three years, with or without hard labour:

Provided that if, upon the trial of any person for any
felony, in the last preceding section mentioned, the jury shall
not be satisfied that such person is guilty thereof but shall
be satisfied that he is guilty of any offence in this section
mentioned, then the jury may find him guilty thereof, and
he may be punished accordingly.

LAWS OF ANTIGUA AND BARBUDA

Tenants of
houses, &c.
maliciously
injuring them.

Destroying
machines in
manufactures,
threshing
machines, &c.

Setting fire to
canes, corn, &c.

Setting fire to
trash, mcgass,
&c .

CAP. 258) Malicious Damage

PART IV

13. Whosoever, being possessed of any dwelling-house
or other building, or part of any dwelling-house or other
building, held for any term of years or other less term, or
at will, or held over after the termination of any tenancy,
shall unlawfully and maliciously pull down or demolish, or
begin to pull down or demolish the same or any part thereof,
or shall unlawfully and maliciously pull down, or sever from
the freehold, any fixture being fixed in or to such dwelling-
house or building, or part of such dwelling-house or building,
shall be guilty of a misdemeanour.

PART V

14. Whosoever shall unlawfully and maliciously cut,
break, or destroy, or damage with intent to destroy or render
useless, any machine or engine, whether fixed or movable,
used or intended to be used for sowing, reaping, mowing,
threshing, ploughing, or draining, or for performing any
other agricultural operation, or any machine or engine, or
any tool or implement, whether fixed or movable, prepared
for or employed in any manufacture whatsoever, shall be
guilty of felony, and shall be liable to be imprisoned for any
term not exceeding three years, with or without hard labour.

PART VI

INJURIES TO CORN, TREES AND VEGETABLE PRODUCTIONS

15. Whosoever shall unlawfully and maliciously set
fire to any crop of canes, grass, corn, grain, cotton, or pulse,
or of any cultivated vegetable produce, whether standing or
cut down, or to any part of any wood, coppice, or planta-
tion of trees, or to any heath, gorse, furze, or fern,
wheresoever the same may be growing, shall be guilty of
felony, and shall be liable to be imprisoned for any term
not exceeding seven years, with or without hard labour.

16. Whosoever shall unlawfully and maliciously set
fire to any stack of trash, megass, cane-tops, corn, grain, 8
pulse, tares, hay, straw, haulm, or stubble, or of any
cultivated vegetable produce, or of furze, gorse, heath, fern, i t

LAWS OF ANTIGUA AND BARBUDA

Malicious Damage (CAP. 258 9

turf, peat, coals, charcoal, wood, or bark, or to any stack
of wood or bark, shall be guilty of felony, and shall be liable
to be imprisoned for any term not exceeding five years, with
or without hard labour.

17. Whosoever shall unlawfully and maliciously, by ~ ~ ~ P ~ ~ ; 2;'
any overt act, attempt to set fire to any such matter or things cane, corn,
as in either of the last two preceding sections mentioned,
under such circumstances that, if the same were thereby set
fire to, the offender would be, under either of such sections,
guilty of felony, shall be guilty of felony, and shall be liable
to be imprisoned for any term not exceeding three years,
with or without hard labour.

18. Whosoever shall take, carry, or have any fire, ::;;;,"gzin
lighted torch, pipe, or cigar into or in any piece of canes, fields, kc.
whether standing or cut down, or any trash-house, or megass-
house, or shall carelessly set on fire any such canes, trash-
house, or megass-house, shall be guilty of a misdemeanour,
and shall be liable to be imprisoned for any term not
exceeding two years, with or without hard labour.

19. Whosoever shall unlawfully and maliciously cut, :,"2zztzes,
break, bark, root-up, or otherwise destroy or damage the shrubs, kc. to
whole or any part of any tree, sapling, or shrub, or any under- the value of more

than $4.80,
wood growing in any park, pleasure ground, garden, orchard, growing in a
or avenue, or in any ground adjoining or belonging to any pleasure ground,

&c .
dwelling-house (in case the amount of the injury done shall
exceed the sum of four dollars and eighty cents), shall be
guilty of felony, and shall be liable to be imprisoned for any
term not exceeding two years, with or without hard labour.

20. Whosoever shall unlawfully and maliciously cut, :;:;;;jitges,
break, bark, root-up, or otherwise destroy or damage the shrubs, kc., to
whole or any part of any tree, sapling, or shrub, or any under- :k;n~:;;.;{,m~re
wood growing elsewhere than in any park, pleasure ground, growing else-
garden, orchard, or avenue, or in any ground adjoining or where than in =

pleasure ground,
belonging to any dwelling-house, (in case the amount of &,.
injury done shall exceed the sum of twenty-five dollars), shall
be guilty of felony, and shall be liable to be imprisoned for
any term not exceeding three years, with or without hard
labour.

LAWS OF ANTIGUA AND BARBUDA

10 CAP. 258) Malicious Damaze

Damaging trees,
wheresoever

2 1. Whosoever shall unlawfully and maliciously cut,
growing, to the break, bark, root-up, or otherwise destroy or damage the
amount of 25 whole or any part of any tree, sapling, or shrub, or any under-
cents.

wood, wheresoever the same may be growing, the injury
done being to the amount of twenty-five cents at the least,
shall, on summary conviction, be liable to imprisonment,
with or without hard labour, for any term not exceeding three
months, or else to forfeit and pay, over and above the amount
of the injury done, such sum of money, not exceeding two
hundred and fifty dollars as to the Magistrate shall seem
meet; and whosoever, having been convicted of any such
offence, shall afterwards commit any of the said offences in
this section before mentioned, shall be liable, on summary
conviction, to imprisonment with hard labour for any term
not exceeding twelve months, and whosoever, having been
twice convicted of any such offence, shall afterwards com-
mit any of the said offences in this section before mentioned,
shall be guilty of a misdemeanour, and shall be liable to be
imprisoned for any term not exceeding two years, with or
without hard labour.

Destroying any
fruit or vegetable
production in a
garden.

22. Whosoever 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,
shall, on summary conviction, be liable to imprisonment,
with or without hard labour, for any term not exceeding six
months, or else to forfeit and pay, over and above the amount
of the injury done, such sum of money not exceeding one
thousand dollars, as to the Magistrate shall seem meet; and
whosoever, having been convicted of any such offence, shall
afterwards commit any of the said offences in this section
before mentioned, shall be guilty of felony, and shall be liable
to be imprisoned for any term not exceeding two years, with
or without hard labour.

Destroying &c.,
vegetable

23. Whosoever shall unlawfully and maliciously
productions not destroy, or damage with intent to destroy, any cultivated
growing in
gardens, &c.

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 ground,
shall, on summary conviction, be liable to imprisonment,
with or without hard labour, for any term not exceeding one

LAWS OF ANTIGUA AND BARBUDA

Malicious Damage (CAP. 258 11

month, or else to forfeit and pay, over and above the amount
of the injury done, such sum of money, not exceeding fifty
dollars, as to the Magistrate shall seem meet; and whosoever,
having been convicted of any such offence, shall afterwards
commit any of the said offences in this section before men-
tioned, shall be liable on summary conviction, to imprison-
ment with hard labour for any term not exceeding six months.

PART VII

24. Whosoever shall unlawfully and maliciously cut, ~ ~ ; t ~ ~ ~ ~ W ~ ; ;
break, throw down, or in any wise destroy any fence of any ,tile, gate.
description whatsoever, or any wall, stile or gate, or any
part thereof respectively, shall, on summary conviction, for
the Grst offence, forfeit and pay over and above the amount
of the injury done, such sum of money, not exceeding two
hundred and fifty dollars as to the Magistrate shall seem
meet; and whosoever, having been convicted of any offence,
shall afterwards commit any of the said offences in this sec-
tion before mentioned, shall, for such second offence, be
liable, on summary conviction, to imprisonment with hard
labour for any term not exceeding six months.

PART VIII

INJURIES TO SEA AND RIVER BANKS, &C

25. Whosoever shall unlawfully and maliciously break E;,Y:E;X,,,
down or cut down, or otherwise damage or destroy, any sea &,.
bank or sea wall, or bank, dam or wall, whereby any land
or building shall be in danger of being overflowed or
damaged, or shall unlawfully and maliciously throw, break,
or cut down, level, undermine, or otherwise destroy any
quay, wharf, jetty, drain, watercourse, or other work belong-
ing to any port, harbour, dock, or reservoir, shall be guilty
of felony, and shall be liable to be imprisoned for any term
not exceeding three years, with or without hard labour.

26. Whosoever shall unlawfully and maliciously cut Breaking down
the dam of a

through, break down, or otherwise destroy, the wall, dam, pond or fishery,
bank, or sluice of any pond, reservoir, or pool, or of any or poisoning

ponds, fish or
water, whether the same shall be public or private property, water.
or shall unlawfully and maliciously put any lime or noxious
material in any such pond, reservoir, pool or water, or shall

LAWS OF ANTIGUA AND BARBUDA

12 CAP. 258) Malicious Damage

Removing the
piles of any sea
bank, &c., or
doing any
damage to
obstruct the
navigation of a
river, &c.

unlawfully cut through, break down, or otherwise destroy
the wall, dam, bank, or sluice of any such pond, reservoir,
pool, or water, or shall unlawfully put any lime or noxious
material in any such pond, reservoir, pool, or water, or any
water running into any such pond, reservoir or pool with
intent thereby to take or destroy any fish, or so as thereby
to cause the loss or destruction of any fish, or to injure the
water in any such pond, reservoir, or pool, or any water
running into the same, shall be guilty of a misdemeanour,
and shall be liable to be imprisoned for any term not
exceeding three years, with or without hard labour.

27. Whosoever shall unlawfully and maliciously cut
off, draw up or remove any piles, chalk, or other materials
fixed in the ground, and used for securing any sea bank or
sea wall, or the bank, dam, or wall of any river, canal, drain,
aqueduct, marsh, reservoir, pool, port, harbour, dock, quay,
wharf, jetty, or lock, shall be guilty of felony, and shall be
liable to be imprisoned for any term not exceeding three
years, with or without hard labour.

PART IX

INJURIES TO BRIDGES AND VIADUCTS
Injury to a
public bridge,

28. Whosoever shall unlawfully and maliciously pull
&C . or throw down, or in any wise destroy, any bridge (whether

over any stream of water or not), or any viaduct, or aqueduct,
or do any injury with intent and so as thereby to render
such bridge, viaduct, or aqueduct, or any part thereof,
dangerous or impassable, shall be guilty of felony, and shall
be liable to be imprisoned for any term not exceeding ten
years, with or without hard labour.

PART X

Injury to electric
telegraphs.

29. Whosoever shall unlawfully and maliciously cut,
break, throw down, destroy, injure, or remove any battery,
machinery, wire, cable, post, or other matter or thing what-
soever, being part of, or being used or employed in or about,
any electric or magnetic telegraph, or in the working thereof,
or shall unlawfully and maliciously prevent or obstruct, in
any manner whatsoever, the sending, conveyance, or delivery

LAWS OF ANTIGUA AND BARBUDA

Malicious Damage (CAP. 258 13

of any communication by any such telegraph, shall be guilty
of a misdemeanour, and shall be liable to be imprisoned for
any term not exceeding two years, with or without hard
labour:

Provided that if it shall appear to any Magistrate, on
the examination of any person charged with any offence
against this section, that it is not expedient to the ends of
justice that the same should be prosecuted by indictment,
the Magistrate may proceed summarily to hear and deter-
mine the same, and the offender shall, on summary convic-
tion, be liable to imprisonment, with or without hard labour,
for any term not exceeding six months, or else to forfeit and
pay such sum of money, not exceeding five hundred dollars
as to the Magistrate shall seem meet.

30. Whosoever shall unlawfully and maliciously, by Attempt injure
such telegraph.

any overt act, attempt to commit any of the offences in the
last preceding section mentioned, shall, on summary con-
viction, be liable to imprisonment, with or without hard
labour, for any term not exceeding three months, or else
to forfeit and pay such sum of money, not exceeding five
hundred dollars, as to the Magistrate shall seem meet.

PART XI

3 1. Whosoever shall unlawfully and maliciously Destroying
damaging works

destroy or damage any book, manuscript, picture, print, .f a,t in
statue; bust, or vase, dr any other article or-thing kept for museums,

churches, &c., or
the purposes of art, science or literature, or as any object ;, public places.
of curiosity, in any museum, gallery, cabinet, library, or
other repository, or any picture, statue, monument, or other
memorial of the dead,-painted glass, or other ornament, or
work of art in any church, chapel, meeting-house, or other
place of divine worship, or in any building belonging to the
Queen or in any street, square, churchyard, burial-ground,
public garden or ground, or any statue or monument exposed
to public view, or any ornament, railing, or fence surroun-
ding such statue or monument, shall be guilty of a misde-
meanour, and shall be liable to be imprisoned for any term
not exceeding six months, with or without hard labour:

LAWS OF ANTIGUA AND BARBUDA

CAP. 258) Malicious Damage

Killing or
maiming cattle.

Interpretation of
term "cattle".

Killing or
maimine other -
animals.

Setting fire to
ship.

Provided that nothing herein contained shall be deemed
to affect the right of any person to recover, by action at law,
damages for injuries so committed.

PART XI1

32. Whosoever shall unlawfully and maliciously kill,
maim, or wound any cattle, shall be guilty of felony, and
shall be liable to be imprisoned for any term not exceeding
five years, with or without hard labour.

33. The term "cattle" shall include any horse, mule,
ass, swine, sheep, or goat, as well as any neat cattle, or animal
of the bovine species, or deer, and whatever be the age and
sex of the animal, and whether castrated or not, and by
whatever technical or trivial name it may be known, and
shall apply to one animal as well as to many.

34. 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 com-
mon law, or being ordinarily kept in a state of confinement,
or for any domestic purpose, shall, on summary conviction,
be liable to imprisonment with or without hard labour, for
any term not exceeding three months, or else to forfeit and
pay, over and above the amount of injury done, such sum
of money not exceeding one thousand dollars, as to the
Magistrate shall seem meet; and whosoever, having been
convicted of any such offence, shall afterwards commit any
of the said offences in this section before mentioned, shall,
for such second offence, be liable, on summary conviction,
to imprisonment with hard labour for any term not exceeding
six months.

PART XI11

INJURIES TO SHIPS, VESSELS, &C

35. Whosoever shall unlawfully and maliciously set
fire to, cast away, or in any wise destroy any ship or vessel,
whether the same be complete or in any unfinished state,
shall be guilty of felony, and shall be liable to be imprisoned
for any term not exceeding ten years, with or without hard
labour.

LAWS OF ANTIGUA AND BARBUDA

Malicious Damage (CAP. 258 15

36. Whosoever shall unlawfully and maliciously set Setting fire to
ships to prejudice fire to, or cast away, or in any wise destroy any ship or vessel, ,he owner or

with intent thereby to prejudice any owner or part owner underwriters-
of such ship or vessel, or of any goods on board the same,
or any person who has underwritten, or shall underwrite,
any policy of insurance upon such ship or vessel, or on the
freight thereof, or upon any goods on board the same, shall
be guilty of felony, and shall be liable to be imprisoned for
any term not exceeding ten years, with or without hard
labour.

37. Whosoever shall unlawfully and maliciously, by Attempting to set
fire to vessel. any overt act, attempt to set fire to, cast away, or destroy

any ship or vessel, under such circumstances that, if the ship
or vessel were thereby set fire to, cast away, or destroyed,
the offender would be guilty of felony, shall be guilty of felony,
and shall be liable to be imprisoned for any term not
exceeding five years, with or without hard labour.

38. Whosoever shall unlawfully and maliciously place Placing explosive
near a vessel

or throw in, into, upon, against, or near any ship or vessel intent to
any ,gunpowder or other explosive substance, with intent to damage it. . - -
destroy or damage any ship or vessel, or any machinery,
working tools, goods, or chattels, shall, whether or not any
explosion takes place, and whether or not any injury be
effected, be guilty of felony, and shall be liable to be
imprisoned for any term not exceeding five years, with or
without hard labour.

39. Whosoever shall unlawfully and maliciously ~ - , " i ~ , " h ~ , ~ "
damage, otherwise than by fire, gunpowder, or other by fire.
explosive substance any ship or vessel, whether complete or
in any unfinished state, with intent to destroy the same or
render the same useless, shall be guilty of felony, and shall
be liable to be imprisoned for any term not exceeding three
years, with or without hard labour.

40. Whosoever shall unlawfully mark, alter, or :;h:i::'p.fal~
remove any light or signal, or unlawfully exhibit any false
light or signal, with intent to bring any ship, vessel, or boat
into danger, or shall unlawfully and maliciously do anything
tending to the immediate loss or destruction of any ship,
vessel, or boat, and for which no punishment is hereinbefore
provided, shall be guilty of felony, and shall be liable to be

LAWS OF ANTIGUA AND BARBUDA

16 CAP. 258) Malicious Damage

imprisoned for any term not exceeding ten years, with or
without hard labour.

Removing or
concealing buoys

4 1. Whosoever shall unlawfully and maliciously cut
and other sea away, cast adrift, remove, alter, deface, sink, or destroy,
marks. or shall unlawfully and maliciously do any act with intent

to cut away, cast adrift, remove, alter, deface, sink, or
destroy, or shall in any other manner unlawfully and
maliciously injure or conceal, any boat, buoy, buoy rope,
perch, or mark used or intended for the guidance of seamen
for the purposes of navigation, shall be guilty of felony, and
shall be liable to be imprisoned for any term not exceeding
three years, with or without hard labour.

Destroying
wrecks or any

42. Whosoever shall unlawfully and maliciously
beloneng destroy any part of any ship or vessel, which shall be in

thereto. distress, or wrecked, stranded, or cast on shore, or any goods,
merchandise, or articles of any kind belonging to such ship
or vessel, shall be guilty of felony, and shall be liable to be
imprisoned for any term not exceeding five years, with or
without hard labour.

PART XIV

Sending letters
threatening to

43. Whosoever shall send, deliver or utter, or directly
burn or destroy or indirectly cause to be received, knowing the contents
houses,
buildings, ships,

thereof, any letter or writing threatening to burn or destroy
&c. any house, barn, or other building, or any rick or stack of

grain, hay or straw, or other agricultural produce, or any
grain, hay, or straw, or other agricultural produce in or under
any building, or any ship or vessel, or to kill, maim or wound
any cattle, shall be guilty of felony, and shall be liable to
be imprisoned for any term not exceeding four years, with
or without hard labour.

PART XV

Persons
committing

44. Whosoever shall unlawfully and maliciously com-
malicious injuries mit any damage, injury, or spoil to, or upon, any real or
not before personal property whatsoever, either of a public or private
provided for,
exceeding the nature, for which no punishment is hereinbefore provided,
amount 08500. the damage, injury, or spoil being to an amount exceeding

LAWS OF ANTIGUA AND BARBUDA

Malicious Damage (CAP. 258 17

five hundred dollars, shall be guilty of a misdemeanour, and
shall be liable to be imprisoned for any term not exceeding
two years, with or without hard labour; and, in case any
such offence shall be committed between the hours of nine
of the clock in the evening and six of the clock in the next
morning, shall be liable to be imprisoned for any term not
exceeding three years, with or without hard labour.

45. Whosoever shall unlawfully persist in coming or Trespass-
remaining upon any plantation, lands, or premises, after
being warned not to come thereon or to depart therefrom,
shall, on summary conviction, be liable to imprisonment with
or without hard labour, for any term not exceeding two
months, or to forfeit and pay such sum of money not
exceeding two hundred and fifty dollars, as to the Magistrate
shall seem meet.

46. Whosoever shall unlawfully and maliciously com- Persons
committing

mit any damage, injury, Or spoil to, or upon, any real Or damage in any
personal property whatsoever, either of a public or private case not

previously
nature, for which no punishment is hereinbefore provided, provided for.
shall, on summary conviction, be liable to imprisonment,
with or without hard labour, for any term not exceeding two
months, or else to forfeit and pay such sum of money not
exceeding five hundred dollars, as to the Magistrate shall
seem meet, and also such further sum of money as shall
appear to the Magistrate to be reasonable compensation for
the damage, injury, or spoil so committed, not exceeding
the sum of seven hundred and fifty dollars; which last men-
tioned sum of money shall, in the case of private property,
be paid to the party aggrieved; and, in the case of property
of a public nature, or wherein any public right is concerned,
the money shall be applied in the same manner as every
penalty imposed by a Magistrate under any Act for the time
being in force within Antigua and Barbuda:

Provided that nothing herein contained shall 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, com-
mitted in hunting, fishing, or in the pursuit of game, but
that every such trespass shall be punishable in the same man-
ner as if this Act had not been passed.

LAWS OF ANTIGUA AND BARBUDA

18 CAP. 258) Malicious Damage

Preceding section
to extend to

47. The provisions in the last preceding section con-
trees. tained shall extend to any person who shall wilfully and

maliciously commit any injury to any tree, sapling, shrub,
or underwood, for which no punishment is hereinbefore
provided.

PART XVI

Making or
having

48. Whosoever shall make or manufacture, or know-
pnpowder, kc . , ingly have in his possession, any gunpowder or other

with commit intent a y
explosive substance, or any dangerous or noxious thing, or

felony against any machine, engine, instrument, or thing, with intent
this A C ~ . thereby, or by means thereof to commit, or for the purpose

of enabling any other person to commit any of the felonies
in this Act mentioned, shall be guilty of a misdemeanour,
and shall be liable to be imprisoned for any term not
exceeding two years, with or without hard labour.

Magistrates may
issue warrants
for searching
houses, &c., for
such gunpowder,
&c.

49. Any Magistrate of any district or place in which
any machine, engine, implement, or thing, or any gun-
powder, or other explosive, dangerous or noxious substance,
is suspected to be made, kept, or carried for the purpose
of being used in committing-any of the felonies in i h i s ~ c t
mentioned, upon reasonable cause assigned upon oath by
any person, may issue a warrant under his hand and seal
for searching, in the day-time, any house, mill, magazine,
storehouse, warehouse, shop, cellar, yard, wharf, or other
place, or any carriage, waggon, cart, ship, boat, or vessel,
in which the same is suspected to be made, kept, or carried
for such purpose as hereinbefore mentioned; and every per-
son acting in the execution of any such warrant shall have,
for seizing, removing to proper places, and detaining every
such machine, engine, implement, and thing, and all such
gunpowder, explosive, dangerous, or noxious substances
found upon such search, which he shall have good cause to
suspect to be intended to be used in committing any such
offence, and the barrels, packages, cases, and other recep-
tacles in which the same shall be, the same powers and pro-
tections which are given to persons searching for unlawful
quantities of gunpowder under the warrant of a Justice by

LAWS OF ANTIGUA AND BARBUDA

Malicious Damage (CAP. 258 19

the Act of the United Kingdom passed in the session holden
in the twenty-third and twenty-fourth years of the reign of
Queen Victoria, chapter one hundred and thirty-nine, in-
tituled "An Act to amend the law concerning the Making,
Keeping, and Carriage of Gunpowder and Compositions of
an Explosive Nature, and concerning the Manufacture, Sale,
and use of Fireworks".

PART XVII

50. In the case of every felony punishable under this principle^ in
second degree,

Act, every principal in the second degree, and every accessory and ac,ssor;es.
before the fact, shall be punishable in the same manner as
the principal in the first degree is by this Act punishable;
and every accessory after the fact to any felony punishable
under this Act shall be liable to be imprisoned for any term
not exceeding two years, with or without hard labour, and
every person who shall aid, abet, counsel, or procure the
commission of any misdemeanour punishable under this Act,
shall be liable to be proceeded against, indicted, and punished
as a principal offender.

5 1. Any constable or peace officer may take into Any person
loitering at night

custody, without warrant, any person whom he shall find .,d of
lying or loitering in any highway, yard or other place, dur- any felony may
ing the night, and whom he shall have good cause to suspect be apprehended'
of having committed, or being about to commit, any felony
against this Act, and shall take such person, as soon as
reasonably may be, before a Magistrate, to be dealt with
according to law.

52. Every punishment and forfeiture by this Act Malice against
owner of

imposed on any person maliciously committing any offence, property
whether the same be punishable upon indictment or upon
summary conviction, shall equally apply and be enforced,
whether the offence shall be committed from malice conceived
against the owner of the property in respect of which it shall
be committed, or otherwise.

LAWS OF ANTIGUA AND BARBUDA

2 0 CAP. 258) Malicious Damage

Provisions of Act
to apply to

53. Every provision of this Act, not hereinbefore so
person in applied, shall apply to every person who, with intent to injure
possession of the or defraud any other person, shall do any of the acts
property injured.

hereinbefore made penal, although the offender shall be in
possession of the property against or in respect of which such
act shall be done.

Persons in the
act of committing

54. Any person found committing any offence against
anv offence mav this Act, whether the same be punishable upon indictment
be'a~~rehended or upon summary conviction, may be immediately
without a
warrant. apprehended, without a warrant, by any peace-officer, or

by the owner of the property injured, or his servant, or any
person authorized by him, and forthwith taken before a
Magistrate, to be dealt with according to law.

Abettors in
offences

5 5 . Whosoever shall aid, abet, counsel, or procure
punishable on the commission of any offence which is, by this Act,
summary punishable upon summary conviction, either for every time
conviction.

of its commission or for the first and second time only, or
for the first time only, shall, on summary conviction, be
liable, for every first, second, or subsequent offence of aiding,
abetting, counselling, or procuring, to the same forfeiture
and punishments to which a person, guilty of a first, second,
or subsequent offence as the principle offender, is by this
Act made liable.

Application of
forfeitures and

56. Every sum of money, which shall be forfeited for
~enalties uDon the amount of any iniury done, shall be assessed, in each . -
conviction. case, by the convicting Magistrate, and shall be paid to the

party aggrieved, except where he is unknown, and, in that
case, such sum shall be applied in the same manner as a
penalty; and every sum which shall be imposed as a penalty
by any Magistrate, whether in addition to such amount or
otherwise, shall be paid and applied in the same manner
as other penalties recoverable before Magistrates are to be
paid and applied in cases where the Act imposing the same
contains no directions for the payment thereof to any person:

Provided that where several persons shall join in the
commission of the same offence, and shall, upon conviction
thereof, each be adjudged to forfeit the sum equivalent to
the amount of injury done, in every such case no further
sum shall be paid to the party aggrieved than such value
or amount, and the remaining sum or sums forfeited shall

LAWS OF ANTIGUA AND BARBUDA

Malicious Damage (CAP. 258 2 1

be applied in the same manner as any penalty imposed by
a Magistrate is hereinbefore directed to be applied.

57. Where any person shall be summarily convicted The Magistrate
may discharge

before a Magistrate of any offence against this Act, and it the offender in
shall be a first conviction, the Magistrate may, if he shall certain cases.
so think fit, discharge the offender from his conviction upon.
his making such satisfaction to the party aggrieved for
damages and costs, or either of them, as shall be ascertained
by the Magistrate.

58. When any person convicted of any offence A
conviction shall

punishable upon summary conviction by virtue of this Act be a bar to
shall have paid the sum adjudged to be paid, together with other proceeding

for the same costs, under such conviction, or shall have received a remis- cause.
sion thereof from the Crown, or shall have suffered the
imprisonment awarded for non-payment thereof, or the
imprisonment awarded in the first instance, or shall have
been so discharged from his conviction by the Magistrate
as aforesaid, he shall be released from all further or other
proceedings for the same cause.

59. Whenever any person shall be convicted of any Fines and
sureties for

indictable misdemeanour punishable under this Act, the keeping the
Court may, if it shall think fit, in addition to, or in lieu of, z;f:;7&,what
any of the punishments by this Act authorized, fine the
offender, and require him to enter into his own recognizances,
and to find sureties, both or either, for keeping the peace,
and being of good behaviour; and, in case of any felony
punishable under this Act, the Court may, if it shall think
fit, require the offender to enter into his own recognizances,
and to find sureties, both or either, for keeping the peace,
in addition to any punishment by this Act authorized:

Provided that no persons shall be imprisoned under this
section for not finding sureties for any period exceeding one
year.

60. The Court before which an indictable misde- The costs of the
prosecution of

meanour against this Act shall be prosecuted or tried may rnisdemeanours
allow the costs of the prosecution in the same manner as against this Act

may be allowed.
in cases of felony; and every order for the payment of such
costs shall be made out, and the sum of money mentioned
therein paid and repaid, upon the same terms and in the
same manner in all respects as in cases of felony.

LAWS OF ANTIGUA AND BARBUDA

2 2 CAP. 258) Malicious Damage

Application of
fines.

61. All fines, forfeitures and penalties imposed and
recoverable under this Act shall be paid into the Treasury.

Related Laws