MALICIOUS DAMAGE.
No. 6 of 1865.
133
case where the party acted under a fair and reasonable supposition that he had a right to do the act complained of.
s. 43 to tree,
44. The provisions of section 43 shall extend to any person who wilfully or maliciously commits any injury to any tree, sapling, shrub, or underwood for which no punishment is hereinbefore provided.
Making gunpowder to commit offences and searching therefor.
c. 97, s. 53.
45. Every person who makes, or manufactures, or knowingly has in his possession any gunpowder or other explosive substance, or any dangerous or noxious thing, or any machine, engine, instrument, or thing, with intent thereby or by means thereof to commit, or for the purpose of enabling any other person to commit, any of the felonies mentioned in this Ordinance, shall be guilty of a misdemeanor, and shall be liable to imprisonment for any term not exceeding two years, and, if a male under the age of sixteen years, with or without whipping.
24 & 25 Vict. c. 97, s. 54. (cf. No. 3 of 1873 and No. 14 of 1901.)
46. —— (1) When any gunpowder or other explosive, dangerous, or noxious substance, or any machine, engine, instrument, or thing, is suspected to be made, kept, or carried for the purpose of being used in committing any of the felonies mentioned in this Ordinance, a magistrate may, on reasonable cause assigned upon oath by any person, issue a warrant for searching in the day-time any house, mill, magazine, godown, storehouse, warehouse, shop, cellar, yard, wharf, or other place, or any carriage, wagon, cart, ship, boat, or vessel, in which the same is suspected to be made, kept, or carried for such purpose as hereinbefore mentioned.
(2) Every person acting in the execution of any such warrant shall have, for seizing, removing to proper places, and detaining all such gunpowder, or explosive, dangerous, or noxious substances, and every such machine, engine, instrument, or thing, found upon such search, which he may have good cause to suspect to be intended to be used in committing any such offence, and the barrels, packages, cases, and other receptacles containing the same.
*As amended by Law Rev. Ord., 1923.
† See No. 10 of 1886, Second Schedule.
Page 15
Page 16
MALICIOUS DAMAGE.
No. 6 of 1865.
133
case where the party acted under a fair and reasonable sup- position that he had a right to do the act complained of.
s. 43 to tree,
44. The provisions of section 43 shall extend to any Extension of person who wilfully or maliciously commits any injury to etc. any tree, sapling, shrub, or underwood for which no punish- 24 & 25 Vict. ment is hereinbefore provided.
Making gunpowder to commit offences and searching therefor.
.
c. 97, s. 53.
*
explosive
intent to
45. Every person who makes, or manufactures, or Making or knowingly has in his possession any gunpowder or other having explosive substance, or any dangerous or noxious thing, or substance, any machine, engine, instrument, or thing, with intent there- et, with by or by means thereof to commit, or for the purpose of commit enabling any other person to commit, any of the felonies felony, mentioned in this Ordinance, shall be guilty of a mis- c. 97, s. 54. demeanor, and shall be liable to imprisonment for any term (cf. No. 3 of not exceeding two years, and, if a male under the age of
Ï903.] sixteen years, with or without whipping.
24 & 25 Vict.
house, etc.,
24 & 25 Vict.
1873 and No.
46. —— (1) When any gunpowder or other explosive, dan- Warrant for gerous, or noxious substance, or any machine, engine, searching instrument, or thing, is suspected to be made, kept, or for such carried for the purpose of being used in committing any of explosive. the felonies mentioned in this Ordinance, a magistrate may, c. 97, on reasonable cause assigned upon oath by any person, issue (cf. No. 1 of a warrant for searching in the day-time any house, mill, 14 of 1901.3 magazine, godown, storehouse, warehouse, shop, cellar, yard, wharf, or other place, or any carriage, wagon, cart, ship, boat, or vessel, in which the same is suspected to be made, kept, or carried for such purpose as herein before mentioned.
.
(2) Every person acting in the execution of any such war- rant shall have, for seizing, removing to proper places, and detaining all such gunpowder, or explosive, dangerous, or noxious substances, and every such machine, engine, instru- ment, or thing, found upon such search, which he may have good cause to suspect to be intended to be used in committing any such offence, and the barrels, packages, cases, and other
,
*As amended by Law Rev. Ord., 1923.
† See No. 10 of 1886, Second Schedule.
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