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Odger's English Common Law

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400 MALICIOUS INJURIES TO PROPERTY.<br />

destroy or render useless certain goods, or the tools or<br />

machinery used in manufacturing those goods. 1 The same<br />

maximum sentence may be passed on any one who damages<br />

or destroys any sea bank or wall, or any wall which retains<br />

water in a river, canal, drain or reservoir, if such damage<br />

causes any land or building to be in danger of being<br />

a fortiori, if it be—overflowed or damaged by the escape<br />

of the water. 2<br />

Similarly destroying any work belonging to any dock, port,<br />

harbour or reservoir, 3 destroying or rendering dangerous<br />

in the use any bridge, viaduct or aqueduct/ placing<br />

obstructions on a railway line, 5 masking or altering any light<br />

or signal with intent to endanger any ship, 6 setting fire to<br />

any mine of coal or other mineral fuel, 7 or riotously and<br />

with force demolishing or beginning to demolish buildings,<br />

machinery, mining plant, &c., 8 is felony punishable with penal<br />

servitude for life.<br />

To unlawfully and maliciously set fire to any crop of hay,<br />

grass, corn, grain or cultivated vegetable produce, whether<br />

standing or cut down, or to any part of any wood,<br />

coppice or plantation, or to any heath, gorse, furze or fern, is<br />

felony punishable with penal servitude for fourteen years. 9<br />

But to unlawfully and maliciously set fire to any stack of<br />

corn, grain, hay, straw or cultivated vegetable produce, or of<br />

furze, gorse, heath, fern, peat, &c, is a felony punishable with<br />

penal servitude for life. 10 Attempting to set fire to such crops<br />

or stacks under circumstances, which would have constituted<br />

the full offence had the attempt succeeded, is a felony punish-<br />

1 24 & 25 Vict. o. 97, s. 14. Such goods are any " article of silk, woollen, linen,<br />

cotton, hair," &c. ;<br />

cesses of manufacture which apply to those goods.<br />

2<br />

S. 30.<br />

9 S. 30.<br />

4<br />

S. 33.<br />

5 S. 35 ; and see s. 36 and indictment, No. 17, in the Appendix,<br />

e S. 47.<br />

—<br />

and the section protects all machinery used in the various pro-<br />

1 S. 26 ; and see s. 27.<br />

8 S. 11. If the rioters do not do more than merely injure such buildings, they are<br />

guilty of a misdemeanour for which they can be sent to penal servitude for seven years :<br />

fi. 12. But the fact that malicious damage to property is done by three or more<br />

persons acting in concert will not of itself constitute them rioter's: Field v. .Rflceiver<br />

of Metropolitan- Police, [1907] 2 K. B. 853, ante, p. 163.<br />

9 S. 16.<br />

10 S. 17.

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