Odger's English Common Law

MALICIOUS INJURIES TO PROPERTY. 401
able with penal servitude for seven years. 1 To unlawfully
and maliciously kill, maim or wound any cattle, or " cut
or otherwise destroy any hopbinds growing on poles in
any plantation of hops," is a felony punishable with
penal servitude for fourteen years. 2
So is the throwing
or placing of explosives against or near any building or
ship, or the destruction of any part of a stranded vessel
or its cargo. 3
It is not always easy to say how many of the series of acts which consti-
tute the full offence mast be performed by the prisoner in order that he
may be convicted of an attempt. Thus, A. resolves to burn down B.'s hay-
rick. He procures a box of matches, goes to the rick and strikes a match.
The wind at once blows it put. So far uo attempt has been committed.
But if, after striking a match, he carefully screens it from the wind and
brings it close to the rick, when it is blown out, this will amount to an
attempt to burn the rick. If the least portion of the rick be consumed,
he is guilty of the full offence.
Other sections of the Malicious Injuries to Property Act,
1861, make it felony, punishable with penal servitude for
seven years, to destroy or damage any machine or engine,
&c., 4 to damage a mine or delay its working by letting in
water or tampering with any of the mining apparatus (e.g.,
with any engine used for sinking or ventilating the mine,
or any rope, chain or tackle belonging to such engine 5
), to
remove piles used to secure a sea wall or to open the flood-
gates of any navigable river or canal, 6 to damage the sluices
or poison the water of any fish-pond, 7 to cast adrift or alter any
boat, buoy, &c, used or intended for the guidance of sea-
men, 8 or to damage with intent to destroy or render useless
any ship, complete or incomplete, by means other than fire
or explosives. 9
The same Act makes it a misdemeanour for any one to pull
1 S. 18.
2 Ss. 19, 40.
3 Ss. 45. 49.
* S. 15.
5 Ss. 28, 29.
« S. 31.
7 S. 32.
8 S. 48.
» S. 46.
B.C.L. 26