MALICIOUS INJURIES TO PROPERTY 1
THE MALICIOUS INJURIES TO PROPERTY ACT
ARRANGEMENT OF SECTIONS
1. Short title.
Injuries b y Fire to Buildings, and Goods therein
2. Church or chapel
3. Dwelling-house. person being therein.
4. House. outhouse. etc.
5 . Buildmg belongmg to railway, port or harbour.
6. Other builhgs of a public character.
7. Thing in or under building.
8. Other buildings than those already mentioned.
9. Attempting to set fire to building.
Injuries by Explosive Substances to Buildings
and Goods therein
10. Destroying house by explosion of gunpowder, person being therein.
11. Attempting to destroy building by explosion of gunpowder.
Injuries to Buildings by Rioters, etc.
12. Demolishmg of buildings by rioters.
13. Injury to buildings by rioters.
--\ Injuries to Buildngs by Tenants
14. Injuries to buildings by tenants.
‘..J
Injuries to Manufactures, Machinery, etc.
15. Injuries to manufactures, etc.
16. Injuries to machinery, etc.
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2 MALICIOUS INJuRlES TO PROPER7?'
Injuries to Corn, Trees and Vegetable Productions
17. Setting fire to corn-piece: etc.
18. Setting fire to stack of grain, etc.
19. Attempting to set fire to anythmg in last two sections.
20. Destroying or damaging trees in garden, etc.
2 1. [Repealed bey Act I3 of 2000.]
22. [Repealed by Act 13 of 2000.]
23. Destroying or damaging plants in garden, etc.
24. Injury to cultivated roots or plants.
Second offence.
Injuries to Fences, etc.
25. Injuries to fences, walls, etc.
Injuries to Bridges and Maducts
26. Injuries to bridges, etc.
Injuries to Railway or Tramway Carriages and Telegraphs
27. Placing wood on railway to obstruct engine, etc.
28. Obstructing carriage on railway, etc.
29. Destroyng electric telegraph, etc.
injuries to Cattle and Other Animals
30. Killing or wounding cattle.
3 1. Animals other than cattle.
Drugging ofAnimals
32. Penalty on persons administering drugs to animals in certain cases.
Destruction of or Damage to Ships, etc.
3 3. Setting fue to shp, etc.
34. Setting fue to shp to prejudce owner or underwriter, etc.
35. Attempting to set fire to shp, etc.
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MALICIOUS INJURIES TO PROPERTY 3
36. Placing gunpowder near ship with intent to damage, etc.
37. Damaging ship otherwise than by fire, etc.
38. Exhibiting false signals.
39. Removing buoys, etc.
40. Destroying wrecks, etc.
Sending Letters Threatening to Burn or Destroy
41. Letters threatening to burn or destroy.
Injuries not before provided for
42. Injury to property to amount exceeding ten dollars.
43. Injury to property for which no punishment yet provided.
44. Preceding section to extend to trees.
Other Matters
45. Principals in second degree and accessories.
46. Apprehension without warrant.
47. Malice against owner.
48. Act to extend to offender in possession of property injured.
49. Intent to injure or defraud, proof of, unnecessary.
50. Offender may be apprehended without warrant.
51. Mode of compelling appearance of parties charged with offences
52. Abettors in offences punishable on summary conviction.
53. Application of forfeitures and penalties upon summary convic-
54. Justices may discharge offender in certain cases.
55. Conviction bar to further proceedings.
56. Appeal.
57. No conviction to be quashed for want of form.
58. Fines, and sureties to keep the peace.
59. Prerogative of mercy.
under this Act.
tion.
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MLZCZOUS INJURIES TO PROPERTY 5 1
THE MALICIOUS lNJURIES TO PROPERTY ACT Cap. *4-
Ada
42 011969
3rd *Srh/,
[I86 41 17 01 I=,
3rd Seh.
13 0120001.
1. This Act may be cited as the Malicious Injuries to Shdtitle.
Property Act. I
Injuries by Fire to Buildings, and G o d therein
2. Whosoever shall unlawfully and maliciously set fire to
any church, chapel, meeting-house, or other place of divine
worship, shall be guilty of felony, and, being convicted thereof, ,,,
shall be liable to be imprisoned for life with or without hard 3rdSch.
labour.
3. Whosoever shall unlawfully and maliciously set fire to D"e'lhg-
house,
any dwelling-house, any person being therein, shall be guilty of -,&@
felony, and being convicted thereof, shall be liable to be TzG9
imprisoned for life, with or without hard labour. 3rd S C ~ .
4. Whosoever shall unlawfully and maliciously set fire to ::,"=,
any house, stable, coach-house, outhouse, warehouse, office, etc.
shop, mill, storehouse, granary, hovel, shed, or fold or to any
plantation, pen, or settlement, or to any sugar works, or works
on any coffee plantation, or to any building, or to any trash-
house on any sugar estate, or to any erection used for the
purpose of manufacturing, or preparing, or for preserving when
manufactured and prepared, any of the products of such
plantation, pen, settlement, or sugar estate 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 defiaud any person, shall be guilty of felony, and,
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6 MALICIOUS INJURIES TO PROPERTY
4211969
being convicted thereof, shall be liable to be imprisoned for life,
3rd SCI,. with or without hard labour.
Building
belongmg to
5. Whosoever shall unlawfidly and maliciously set fire to
railwav. pd any station, engine-house, warehouse, or other building, or to
"h*our. any bridge belonging or appertaining to any railway, tramway,
port, or harbour, shall be guilty of felony, and being convicted
42 1969 thereof shall be liable to be imprisoned for life, with or without
3rd Sch.
hard labour.
mgs of a
puhlic
character.
121 1969
3rd Sch.
Thing in
or under
huilding.
12 1969
3rd Sch.
(hlirr
buildings
Uian those
alrcady
nimtioned.
42 1969
3rd Srh.
.\ttcmpting
to sd fire
to building.
huild- 6. Whosoever shall unlawfully and maliciously set fire to
any building other than such as are in this Act before-
mentioned, belonging to the Queen, or to any county, city,
parish, or place, or devoted or dedicated to public use or
ornament, or erected or maintained by public subscription or
contribution, shall be guilty of felony, and, being convicted
thereof, shall be liable to be imprisoned for life, with or without
hard labour.
7. Whosoever shall unlawfully and maliciously set fire to
any matter or thing being in, against, or under any building,
under such circumstances that if the building were thereby set
fire to the oi'fence would amount to felony, shall be guilty of
felony, and, being convicted thereof, shall be liable to be
imprisoned for fourteen years, with or without hard labour.
8. Whosoever shall unlawfully and maliciously set fire to
any building other than such as are in this Act mentioned shall
be guilty of felony, and being convicted thereof, shall be liable
to be imprisoned for a term not exceeding fourteen years, with
or without hard labour.
9. Whosoever shall unlawfblly and maliciously, by any overt
act, attempt to set fire to any building, or any matter or
thing, in section 7 mentioned, under such circumstances
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MALICIOUS INJURIES TO PROPERTY 7
that, if the same were set fire to the offender would be guilty
of felony, and, being convicted thereof, shall be liable to 42/1969
be imprisoned for a term not exceeding fourteen years, with 3 r d ~
or without hard labour.
Injuries by Explosive Substances to Buildings and
Goods Therein
10. Whosoever shall unlawfully and maliciously, by the Destroying
house by explosion of gunpowder or other explosive substance, explosion of
gunpowder,
person being destroy, throw down, or damage the whole, or any part of
any dwelling-house, any person being therein, or of any therein.
building, whereby the life of any person shall be endan-
gered, shall be guilty of felony, and being convicted thereof,
shall be liable, to be imprisoned for life, with or without 3rd&h.
hard labour.
421 1969
11. Whosoever shall unlawfully and maliciously place Attempting
or throw in, into, upon, under, against or near any building buildin,gby
any gunpowder or other explosive substances, with intent to gunpowder.
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, being convicted
thereof, shall be liable to be imprisoned for a term not ex- :;Jg;9
ceeding fourteen years with or without hard labour.
to destroy
explosion of
Injuries to Buildings by Rioters, etc.
12. If any persons, riotously and tumultuously assembled Demolishing of bui dings
together to the disturbance of the public peace shall un- bynoters.
lawfully and with force demolish, or pull down, or destroy,
or begin to demolish, or pull down, or destroy any church,
chapel, meeting-house, or other place of divine worship, or
any house, stable, coach-house, outhouse, warehouse,
office, shop, mill, barn, granary, shed, hovel, or fold, of any
building or erection used in farming land, or in carrying on
.
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8 MALICIOUS INJURIES TO PROPERTY
any trade or manufacture, or any branch thereof, or any
building other than such as are in this section before-men-
tioned belonging to the Queen, or to any county, city,
parish, or place, or devoted or dedicated to any public
use or ornament, or erected or maintained by public sub-
scription or contribution, or any machinery, whether fixed
or moveable, prepared for or employed in any manufacture,
or in any branch thereof, or any steam-engine, or cattle-mill,
water-mill, or other engine or mill for the purposes of
manufacture, or for making sugar, or for preparing coffee
or other produce, or any building or erection used in con-
ducting the business of such manufacture, or for the pre-
paring of such produce, or any bridge, waggon, wain, truck
for conveying any manufacture whatever from the place
where it was prepared, every offender shall be guilty of
felony, and, being convicted thereof, shall be liable to be
imprisoned for life, with or without hard labour.
4211969
3rd Sch.
Injury to 13. If any persons, riotously and tumultuously assembled
together to the disturbance of the public peace, shall unlaw-
fully and with force injure or damage any such church,
chapel, meeting-house, place of divine worship, house,
stable, coach-house, outhouse, warehouse, office, shop,
mill, building, erection, machinery, engine, bridge, waggon,
wain, or truck as is mentioned in section 12, every such
offender shall be guilty of a misdemeanour, and being con-
victed thereof, shall be liable to be imprisoned for a term not
exceeding seven years, with or without hard labour:
buildings by
rioters.
4*/1969
3rd Sch.
Provided, that if, upon the trial of any person for any
felony mentioned in section 12, the jury shall not be satis-
fied 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.
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A44L.ICIOUS INJURIES TO PROPERTY 9
Injuries to Buildings by Tenants
14. 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 unlawhlly and
maliciously pull down or demolish, or begin to pull down or
demolish, the same, or any part thereof, or shall unlawhlly 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.
Injuries to Manufactures, Machinery, etc.
15. Whosoever shall unlawhlly and maliciously cut, break,
or destroy, or damage with intent to destroy or to render useless,
any goods or articles of manufacture, whilst in any stage,
process, or progress of manufacture, or shall by force enter into
any house, shop, store, building, or place, with intent to commit
any of the offences in this section mentioned, shall be guilty of
felony, and being convicted thereof, shall be liable to be
imprisoned for life, with or without hard labour.
Injuries to
buildings by
tenants.
Injuries to
manu-
fadures, etc.
421 1969
3rd Sch.
16. Whosoever shall un!dwfully and maliciously cut, break, z:,;;,
or destroy, or damage with intent to destroy or to render useless, etc
any machine or engine, whether fixed or moveable, used or
intended to be used for mowing, ploughing, or draining, or for
performing any other agricultural operation, or any machine or
engine, or any tool or implement, whether fixed or moveable,
prepared for or employed in any manufacture whatsoever, shall
be guilty of felony, and, being convicted thereof, shall be liable 4211969
to be imprisoned for a term not exceeding seven years, with or 3rdSch
without hard labour.
L j
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10 MALICIOUS INmRIES TO PROPERTY
Injuries to Corn, Trees, and Vegetable Productioiis
Setting fire
to com-
piece. etc
42'1969
3rd Sch
Setting fire
to stack of
gram, etc
42'1969
3rd Sch
.&tempt in g
to set fire to
anything m
last two
sections
4211969
3rd Sch
Destroymg
or damagmg
trees m
garden, tic
1312000
s 2
17. Whosoever shall unlawhlly and maliciously set fire to
any corn-piece, grass-piece, pimento-walk, coffee-piece, or
pasture, or plantation, or to any cultivated vegetable produce,
whether standing or cut down, or to any part of any wood,
coppice, or plantation of trees, wheresoever the same may be
growing, shall be guilty of felony, and, being convicted thereof,
shall be liable to be imprisoned for a term not exceeding
fourteen years, with or without hard labour.
18. Whosoever shall unlawhlly and maliciously set fire to
any stack of grain, straw, or of any cultivated vegetable
produce, or of coals, charcoal, wood, or bark, shall be guilty of
felony, and, being convicted thereof, shall be liable to be
imprisoned for life, with or without hard labour.
19. Whosoever shall unlawhlly and maliciously, by any
overt act, attempt to set fire to any such matter or thing as is
mentioned in either section 17 or section 18 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, being convicted thereof, shall be
liable to be imprisoned for a term not exceeding seven years,
with or without hard labour.
20.--(1) A person commits an offence if he unlawfblly or b
maliciously cuts, breaks, barks, roots up or otherwise destroys
or damages the whole or any part of any tree, sapling or shrub,
or any underwood, growing in any pleasure ground, garden,
orchard, avenue or in any ground adjoining or belonging to any
dwelling- house, or in any other place.
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ULFLICIOUS IMXJRIES TO PROPERTY 11
(2) A person who commits an offence under subsection
(1) shall be liable on summary conviction before a Resident
Magistrate to a fine not exceeding ten thousand dollars or three
times the value of the injury done, whichever is the greater, and
in default of payment thereof to imprisonment for a term not
exceeding one year.
21, [Repealed by Act 13 of 2000.1
22. [Repealed by Act 13 of 2000.1
23. Whosoever shall unlawfblly and maliciously destroy, or
damage with intent to destroy, any plant, root, h i t , or vegetable
production growing in any garden, orchard, or nursery-ground,
shall, on summary conviction thereof in a Resident Magistrate's
Court, be liable to imprisonment with or without hard labour, for
a term not exceeding six months, or else shall forfeit and pay,
over and above the amount of the injury done, such sum of
money, not exceeding four thousand dollars, as to the Court
I '
4 ) /'
13/2000
s. 4.
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12 UALICIOUS INJURIES TO PROPERTY
Second
offence.
4211969
3rd Sch.
Injury t o
cultivated
roots or
1711 982
3rd Sch.
plants.
13l2OOO
s. 4.
shall seem meet; and whosoever, having been so convicted of
any such offence, either against this or any former enactment
shall afterwards commit any of the said offences in this section
before-mentioned, shall be guilty of felony, and, being
convicted thereof, shall be liable to be imprisoned for a term not
exceeding three years with or without hard labour.
7
24. Whosoever shall unlawhlly 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 distillery, 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
thereof in a Resident Magistrate’s Court and at the discretion of
the Court, be liable to imprisonment with or without hard
labour, for a term not exceeding six months, or else shall-forfeit
and pay, over and above the amount of the injury done, such
sum of money, not exceeding four thousand dollars, as to the
Court shall seem meet; and, in default of payment thereof,
together with the costs if ordered, shall be committed as
aforesaid for a term not exceeding six months, unless payment
be sooner made; and whosoever, having been convicted of any
such offence, either against this or any former enactment, shalI
afterwards commit any of the said offences in this section
before-mentioned, and shall be convicted thereof in like
manner, shall be liable to imprisonment with hard labour for
such term not exceeding two years, as the Court shall think fit.
Injuries to Fences, etc.
fences, InJunes to 25. Whosoever shall unlawhlly and maliciously cut, break,
walls, ac. throw down, or in anywise destroy any fence of any description
17’1982 whatsoever, or any wall, stile, or gate, or any part
3rd Sch
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MALICIOUS INJURIES TO PROPERTY
13
thereof respectively, shall, on summary conviction thereof, in a
Resident Magistrate’s Court, for the first offence forfeit and
pay, over and above the amount of the injury done, such sum of
money not exceeding four thousand dollars as to the Court shall 13,2000
seem meet; and whosoever, having been convicted of any such s 4
offence, either against this or any former enactment, shall
afterwards commit any of the said offences in this section
before-mentioned, and shall be convicted thereof in like
manner, shall be liable to imprisonment with hard labour for
such term not exceeding three years as the Court shall think fit.
Injuries to Bridges and haducts
26. Whosoever shall unlawfilly and maliciously pull or InjurieSt0
bridges. ac .
throw down, or in anywise destroy any bridge, whether over
any stream of water or not, or any viaduct, or aqueduct, over or
under which bridge, viaduct, or aqueduct, any highway,
railway, tramway, or canal shall pass, or do an injury, with
intent and so as to thereby render such bridge, viaduct or
aqueduct, or the highway, railway, tramway, or canal passing
over or under the same, or any part thereof, dangerous or
impassable, shall be guilty of felony, and being convicted
thereof, shall be liable to be imprisoned for life, with or without 4211969
hard labour. 3rd sch.
Injuries to Railway or Tramway Carriages and Telegraphs
27. Whosoever shall unlawfilly and maliciously put, place,
cast, or throw upon or across any railway or tramway, any n i b a y t o
wood, stone, or other matter, or thing or shall unlawhlly and
maliciously take up, remove, or displace any rail, sleeper, or
other matter or thing belonging to any railway or tramway, or
shall unlawfblly and maliciously turn, move, or divert any
points or other machinery belonging to any railway or
,’ -\
U
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14 M4LJCIOUS INJURIES TO PROPERTY
42 1969
3rd S&
Obstructing
carriage on
railway. etc
Destroylng
elednc
telegraph,
etC
tramway, or shall unlawhlly and maliciously make or show,
hide or remove any signal or light upon or near to any railway
or tramway, or shall unlawfully and maliciously do or cause to
be done any other matter or thing with intent in any of the cases
aforesaid to obstruct, upset, overthrow, injure, or destroy any
engine, tender, carriage, or truck using such railway or
tramway, shall be guilty of felony, and, being convicted thereof,
shall be liable to be imprisoned for life, with or without hard
labour.
28. Whosoever, by any unlawhl act, or by any wilful
omission or neglect, shall obstruct, or cause to be obstructed,
any engine or carriage using any railway or tramway, or any
traction engine or waggon using any ordinary public road, or
shall aid or assist therein, shall be guilty of a misdemeanour,
and, being convicted thereof, shall be liable, to be imprisoned
for any term not exceeding two years, with or without hard
labour.
29. Whosoever shall unlawhlly and maliciously cut, break,
throw down, destroy, injure, or remove any battery, machinery,
wire, cable, post, or other matter or thing whatsoever, 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, of any
communication by any such telegraph, shall be guilty of a
misdemeanour, and being convicted thereof, shall be liable to
be imprisoned for a term not exceeding two years, with or
without hard labour: G
Provided, that if it shall appear to the Justices, on the
examination of any person charged with any offence against
this section, that it is not expedient to the ends of justice
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II.t4LICIOUS INJURlES TO PROPERTY 15
that the same should be prosecuted by indictment, the Justices
may proceed summarily to hear and determine the same, and
the offender shall, on conviction thereof, at the discretion of the
Justices, be liable to imprisonment with or without hard labour,
for a term not exceeding three months, or else shall forfeit and
pay such sum of money, not exceeding four thousand dollars, as i3yoo
to the Justices shall seem meet.
Irljzrries to Cattle and Other Animals
30. Whosoever shall unlawfklly and maliciously kill, maim,
or wound any cattle, shall be guilty of felony, and, being cattle.
convicted thereof shall be liable to be imprisoned for a term not ::iyz
exceeding fourteen years, with or without hard labour.
Or
wounding
3 1. Any person who unlawfblly and maliciously kills, maims ::&
or wounds any dog, bird, beast or other animal not being cattle, cattle.
but being either the subject of larceny at common law, or being
ordinarily kept in a state of confinement or for any domestic
purpose shall on summary conviction in a Resident Magistrate’s
Court be liable-
(a) to a fine not exceeding two thousand dollars or three
times the value of the thing killed, maimed or
wounded, whichever is greater; and
( b ) to pay to the party aggrieved such compensation as
the Resident Magistrate determines,
or in default of payment thereof to imprisonment for a term not
exceeding three years.
3 ,
d Drugging of Animals
32.--(1) If any person shall wilfully, without any reasonable
cause or excuse, administer to any horse, cattle, or domestic ahmia-g
animal, or cause or procure, or being the owner
P-S
mals m cer-
tain cases.
(The inclusion of thu page IS authorized by L N 3/2002)
16
17/1982
3rd Sch.
1312000
S. 6.
Setting tire
to ship, etc.
4211969
3rd sch.
Setting tire
to *to
prejudice
owns or
undawri ta ,
e&C.
4211969
3rd sdl.
M i n g
to se& fre
to ship, etc.
MALICIOUS INmRIES TO PROPERTY
permit the administration of any poisonous or injurious drug or
substance or shall wilhlly without any reasonable cause or
excuse cause any such substance to be taken by any horse,
cattle, or domestic animal such person shall be guilty of an
offence and shall be liable on summary conviction before a
Resident Magistrate to a penalty not exceeding forty thousand
with or without hard labour for a term not exceeding three
years.
dollars or alternatively or in addition thereto to imprisonment -\
(2) Nothing in this section shall exempt a person from
liability to any greater or other punishment under any other
provision of law, so that he be not more than once punished for
the same offence.
Destruction of or Damage to Ships, etc.
33. Whosoever shall unlawfully and maliciously set fire to,
cast away, or in anywise destroy any ship or vessel, whether the
same to be complete or in an unfinished state, shall be guilty of
felony, and, being convicted thereof, shall be liable to be
imprisoned for life, with or without hard labour.
34. Whosoever shall unlawfully and maliciously set fire to,
or cast away, or in anywise destroy any ship or vessel, with
intent thereby to prejudice any owner, or part owner, of such
ship or vessel, or of any goods on board the same, or any person
that 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, being convicted thereof, shall be liable to be imprisoned
for life, with or Without hard labour.
0
35. Whosoever shall unlawhlly and maliciously, by any
overt act, attempt to set fire, to cast away, or destroy any ship or
vessel under such circumstances that if the ship or
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MALICIOUS INJURIES TO PROPERTY 17
vessel were thereby set fire to, cast away, or destroyed the
offender would be guilty of felony, shall be guilty of felony,
and, being convicted thereof, shall be liable to be impri-
soned for a term not exceeding fourteen years, with or 4211969
without hard labour. 3rd Sch.
36. Whosoever shall unlawfully or maliciously place or Placing
gunpowder or other explosive substance, with intent to z2&zl
destroy or damage any ship or vessel, or any machinery, etc.
working tools, goods or chattels, shall, whether or not any
explosion take place, and whether or not any injury be
effected, be guilty of felony, and, being convicted thereof,
shall be liable to be imprisoned for a term not exceeding 42/1969
fourteen years, with or without hard labour.
throw in, into, upon, against, or near any ship or Vessel any gunpowder
3rd Sch.
37. Whosoever shall unlawfully and maliciously damage, Damaging
otherwise than by fire, gunpowder, or other explosive ship wireother- than by
substance, any ship or vessel, whether complete or in an fire, etc.
unfinished state, with intent to destroy the same, or render
the same useless, shall be guilty of felony, and, being con-
victed thereof, shall be liable to be imprisoned for a term 4211969
not exceeding seven years, with or without hard labour.
3rd Sch.
38. Whosoever shall unlawfully mask, alter or remove Exhibiting
false signals. 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 or maliciously do anything
tending to the immediate loss or destruction of any ship,
vessel, or boat, and for which no punishment is herein-
before provided, shall be guilty of felony, and, being con-
victed thereof, shall be liable to be imprisoned for life, 4211969
with or without hard labour. 3rd Sch.
39. Whosoever shall unlawfully and maliciously cut Removing
buoys, etc. away, cast adrift, remove, alter, deface, sink and destroy,
[The inclusion of this page is authorized by L.N. 480/1973]
18 MALICIOUS INJURIES TO PROPERTY
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, pile or mark used or intended for the guidance of
seamen, or the purpose of navigation, shall be guilty of
felony, and, being convicted thereof, shall be liable to be
imprisoned for a term not exceeding seven years, with or
without hard labour.
42/ 1969
3rdSch.
Destroying 40. Whosoever shall unlawfully and maliciously destroy
any part of any ship or vessel which shall be in 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, being convicted
thereof, shall be liable to be imprisoned for a term not
exceeding fourteen years, with or without hard labour.
wrecks, etc.
42/1969
3rd Sch.
Sending Letters Threatening to Burn or Deytroy
Lettcrs 41. Whosoever shall send, deliver, or utter, or directly
threatening o burn or or indirectly cause to be received, knowing the contents
destroy. thereof, any letter, or writing, threatening to burn or
destroy 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 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, being
convicted thereof, shall be liable to be imprisoned for a term
not exceeding ten years, with or without hard labour.
42/1969
3rdSch.
Injuries not before provided for
42. Whosoever shall unlawfully and maliciously commit
any damage, injury, or spoil to or upon any real or personal
property whatsoever, either of a public or private nature
for which no punishment is hereinbefore provided, the
Injury to
amount proper yto
exceeding
ten dollars.
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E
P
h44LICIOUS INJURES TO PROPERTY
damage, injury, or spoil being to an amount exceeding ten
dollars, shall be guilty of a misdemeanour, and being convicted
thereof, shall be liable, at the discretion of the Court, to be
imprisoned for a 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 a term not exceeding five years, with or without hard labour. 42’1969
3rd Sch.
43. Whosoever shall wilhlly or maliciously commit any
damage, injury, or spoil to or upon any real or personal property
whatsoever, either of a public or private nature, for which no
punishment is hereinbefore provided, shall, on summary
conviction, be liable to imprisonment with or without hard
labour, for a term not exceeding one year or else shall forfeit
and pay such sum of money, not exceeding twenty thousand
dollars, as to the Court shall seem meet, and also such hrther
sum of money as shall appear to the Court to be a reasonable
compensation for the damage, injury, or spoil so committed, not
exceeding the sum of twenty thousand dollars; which last-
mentioned sum 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 the Court under this Act; and if such sums of money,
together with the costs (if ordered) shall not be paid either
immediately after the conviction, or within such period as the
Court shall, at the time of the conviction, appoint, the Court
may commit the offender to imprisonment with or without hard
labour, as the Court shall think fit, for a term not exceeding one
year, unless such sum and costs be sooner paid:
-
Provided, that nothing herein contained shall extend to any
case where the party acted under a fair and reasonable
19
Injury to
Propay for
which no
punishment
yet provided.
1711982
3rd S&.
1312000
s. 7.
1312OOO
s. 7.
[The inclusion of this page I S authorized by L N 312002)
20 MALICIOUS INJURIES TO PROPERTY
supposition that he had a right to do the act complained of, nor
to any trespass, not being wilfbl and malicious, committed in
fishing, or in the pursuit of game, but that every such trespass
shall be punishable in the same manner as if this Act had not
passed.
Preceding
ukqmdto
tTCL!S
44. The provisions in section 43 shall extend to any person
who shall wilfully or maliciously commit any injury to any tree,
sapling, shrub, or underwood, for which no punishment is
hereinbefore provided.
%x.iion t o
Other Matters
Principdls 45. In the case of every felony punishable under this Act
degrzeand every principal in the second degree, and every accessory
dCCeSFonCS 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, on conviction, be liable, at the discretion of the Court, to
be imprisoned for a 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.
in second
*prehm-
wrthout
46 Any constable may take into custody, without warrant,
any person whom he shall find lying or loitering in any
s o n
wdrrant highway, yard, or other place during the night, that is to say the
interval between 7 o’clock in the evening and 6 o’clock in the
-\
L,
morning of the next succeeding day, and whom he shall have
good cause to suspect 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 Justice, to be dealt with
according to law.
[The inclusion of this page IS authorized by L N 3/2002]
MALICIOUS INJURIES TO PROPERTY 21
47. Every punishment and forfeiture by this Act imposed Malice
on any person maliciously committing any offence, whether owner.
the same be punishable upon indictment or upon summary
conviction, shall equally apply and be enforced, whether the
offence shall be from malice conceived against the owner
of the property in respect of which it shall be committed,
or otherwise.
against
48. Every provision of this Act not hereinbefore so Actto
applied shall apply to every person who, with intent to otrenderin
injure or defraud any other person, shall do any of the g$$Yof
acts hereinbefore made penal, although the offender shall injured-
be in the possession of the property against or in respect
of which such act shall be done.
extend to,
49. On the trial of any offence against this Act it shall Intentto
not be necessary to prove an intent to injure or defraud defraud.
any particular person, but it shall be sufficient to prove that unnecessary.
the party accused did the act charged with an intent to
injure or defraud (as the case may be).
inlure or
proof of,
50. Any person found committing any offence against Offender
this Act, whether the same be punishable upon indictment may apprehended be
or upon summary conviction, may be immediately appre- without arrant.
hended, without a warrant, by any constable, or the owner
of the property injured, or his servant, or any person autho-
rized by him, and forthwith taken before some neighbour-
ing Justice, to be dealt with according to law.
51. Where any person shall be charged, on the oath of Modeof
a credible witness, before any Justice with any offence
punishable on summary conviction under this Act, the of parties
Justice may summon the person charged to appear at a time offences
not appear accordingly, then (upon proof of the due service
of the summons upon such person, by delivering the same
charged with
and place to be named in such summons; and, if he shall Act. under this
[The inclusion of this prige is authorized by L.N. 480/1973]
22 MALICIOUS INJURIES TO PROPERTY
to him personally, or by leaving the same at his usual place
of abode), the Justices may either proceed to hear and
determine the case ex parte, or issue a warrant for appre-
hending such person, and bringing him before themselves,
or some other Justices; or the Justice before whom the
charge shall be made may (if he shall so think fit) without
any previous summons (unless where otherwise specially
directed) issue such warrant, and the Justices before whom
the person charged shall appear, or be brought, shall
proceed to hear and determine the case.
Abettorsin 52. Whosoever shall aid, abet, counsel, or procure the
punishable commission of any offence which is by this Act punish-
;;$%;? able on summary conviction, either for every time 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 punishment to which a person guilty of a first, second
or subsequent offence, as a principal offender, is by this
Act made liable.
offences
Application
Offorfei- tures and
penalties
summary
53. Every sum of money which shall be forfeited for the
amount of any injury done shall be assessed in each case
by the convicting Justices 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
Justices, whether in addition to such amount or otherwise,
shall be paid and applied in the same manner as other
penalties recoverable before Justices are to be paid and
applied in cases where the statute imposing the same
contains no directions for the payment thereof to any
person :
upon
conviction.
-
[The inclusion of this page is authorized by L.N. 480/1973]
MALICIOUS INJURIES TO PROPERTY 23
Provided, that where several persons shall join in the
commission of the same offence, and shall, upon conviction
thereof, each be adjudged to forfeit a 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 be
applied in the same manner as any penalty imposed by
Justices is hereinbefore directed to be applied.
54, Where any person shall be summarily convicted of Justicesmay
tion, the Court may, if it shall so think fit, discharge certaincaseS.
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 Court.
any offence against this Act, and it shall be a first convic- discharge offenderin
55. When any person convicted of any offence punish- Conviction
have paid the sum adjudged to be paid, together with costs proceedings.
under such conviction, or, shall have received a remission
thereof, from the Crown, or shall have suffered the impri-
sonment awarded for non-payment thereof, or the impri-
sonment awarded in the first instance, or shall have been
so discharged from his conviction by any Justices as afore-
said, he shall be released from all further or other proceed-
ings for the same cause.
able upon summary conviction by virtue of this Act shall further bar to
56. In all cases upon any summary conviction under this A P P ~ .
Act any person who shall think himself aggrieved by any
such conviction may appeal.
57. No such conviction, or adjudication made on appeal ~ ~ c o n -
by certiorari into the Supreme Court, and no warrant of zfr':
commitment shall be held void by reason of any defect
viction to therefrom shall be quashed for want of form, or be removed b e quashed
[The inclusion of this page is authorized by L.N. 480/1973]
24
Fines. and
sureties to
keep the
peace.
Prerogative
of mercy.
MALICIOUS INJURIES TO PROPERTY
therein, provided it be therein alleged that the party has
been convicted, and there be a good and valid conviction to
sustain the same.
58. Whenever any person shall be convicted of any indict-
able misdemeanour punishable under this Act, the Court
may, if it think fit, in addition to, or in lieu of any of the
punishments authorized by this Act, 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 person shall be imprisoned under this
section for not finding sureties for any period exceeding
one year.
59. It shall be lawful for the Governor-General to extend
the royal mercy to any person imprisoned by virtue of this
Act, although he shall be imprisoned for non-payment of
monev to some uerson other than the Crown.
[The inclusion of this page is authorized by L.N. 480/1973]
