1901_MALICIOUS_DAMAGE_ORDINANCE__1865 — Page 11

J. 1865.

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A.D. 1865.]

MALICIOUS DAMLAGE,

Injuries to Cattle and other Animals,

[No. 6.

229

wounding

cattle.

31. Every person who unlawfully and maliciously kills, mains, or King, wounds any cattle shall be guilty of felony, and, being convicted thereof, maiming, or shall be liable, at the discretion of the Court, to imprisonment with hard labour for any term not exceeding fourteen years and not less than three years or to imprisonment for any term not exceeding two years, with or without hard labour and with or without solitary confinement.

32. (1.) Every person who unlawfully and maliciously kills, maims. or wounds any dog, bird, beast, or other animal, not being cattle, but being either the subject of larceny at common law in England or being ordinarily kept in a state of confinement or for any domestic purpose, shall, on conviction thereof before a Police Magistrate, at the discretion of the Magistrate, either be committed to the common gaol, there to be imprisoned, or to be imprisoned and kept to hard labour, for any 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 one hundred dollars as to the Magistrate may seem meet.

(2.) Every person who, having been convicted of any such offence, afterwards commits any of the said offences in this section before men- tioned shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable to imprisonment for any term not exceeding twelve months,

with or without hard labour.

Injuries to Ships.

33. Every person who unlawfully and maliciously sets fire to, casts away, or in anywise destroys any ship or vessel, whether the same is complete or in an unfinished state, shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the Court, to im- prisonment with hard labour for life or for any term not less than three years or to imprisonment for any term not exceeding two years, with or without hard labour and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping.

34. Every person who unlawfully and maliciously sets fire to, ensts away, or in anywise destroys 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 who has underwritten any policy of insurance upon such ship on vessel, or upon the freight thereof, or upon any goods on board the same, shall be guilty of felony, and, being con- victed thereof, shall be liable, at the discretion of the Court, to imprison- ment with hard labour for life or for any term not less than three years or to imprisonment for any term not exceeding two years, with or with- out hard labour and with or without solitary confinement, and, if a mule

24 & 25 Vict. c. 97 s. 40.

Killing. maiming, or wounding animal, not being cattle. Ib. 8, 41,

Setting fire to ship or vessel.

b. s. 42.

Setting fire to ship or vessel.

with intent

to prejudice

owner or

underwriter. Ib. s. 13.

¦