Malicious Damage Act 1861

1. Introductory Text

2. Injuries by Fire to Buildings, and Goods therein

   1. Setting fire to a Church or Chapel.

      1. 1. Whoseever shall unlawfully and maliciously fire to any Church, Chapel,...

   2. Setting fire to a Dwelling House, any Person being therein.

      1. 2. Whosoever shall unlawfully and maliciously set fire to an Dwelling...

   3. Setting fire to a House, Outhouse, Manufactory, Farm Building, &c.

      1. 3. Whosoever shall unlawfully and maliciously set fire to any House,...

   4. Setting fire to any Railway Station.

      1. 4. Whosoever shall unlawfully and maliciously set fire to any Station,...

   5. Setting fire to any Public Building.

      1. 5. Whosoever shall unlawfully and maliciously set fire to any Building...

   6. Setting fire to other Buildings.

      1. 6. Whosoever shall unlawfully, and maliciously set fire to any Building...

   7. Setting fire to Goods in any Building the setting fire to which is Felony.

      1. 7. Whosoever shall unlawfully and maliciously set fire to any Matter...

   8. Attempting to set fire to Buildings.

      1. 8. Whosoever shall unlawfully and maliciously by any overt Act attempt...

3. Injuries by explosive Substances to Buildings and Goods therein

   1. Destroying or damaging a House with Gunpowder, any Person being therein.

      1. 9. Whosoever shall unlawfully and maliciously, by the Explosion of Gunpowder...

   2. Attempting to destroy Buildings with Gunpowder.

      1. 10. Whosoever shall unlawfully and maliciously place or throw in, into,...

4. Injuries to Buildings by Rioters, &c

   1. Rioters demolishing Church, Building, &c.

      1. 11. If any Persons, riotously and tumultuously assembled together to the...

   2. Rioters injuring Building, Machinery, &c.

      1. 12. If any Persons, riotously and tumultuously assembled together to the...

5. Injuries to Buildings by Tenants

   1. Tenants of Houses, &c. maliciously injuring them.

      1. 13. Whosoever, being possessed of any Dwelling House or other Building,...

6. Injuries to Manufactures, Machinery, &c

   1. Destroying Goods in Process of Manufacture, certain Machinery, &c.

      1. 14. Whosoever shall unlawfully and maliciously cut, break, or destroy, or...

   2. Destroying Machines in, other Manufactures, Threshing Machines, &c.

      1. 15. Whosoever shall unlawfully and maliciously cut, break, or destroy, or...

7. Injuries to Corn, Trees, and Vegetable Productions

   1. Setting fire to Crops of Corn, &c.

      1. 16. Whosoever shall unlawfully and maliciously set fire to any Crop...

   2. Setting fire to Stacks of Corn, &c.

      1. 17. Whosoever shall unlawfully and maliciously set fire to any Stack...

   3. Attempting to set fire to any Crops of Corn, &c. or to any Stack or Steer.

      1. 18. Whosoever shall unlawfully and maliciously by any overt Act attempt...

   4. Destroying Hopbinds.

      1. 19. Whosoever shall unlawfully and maliciously cut or otherwise destroy any...

   5. Destroying or damaging Trees, Shrubs, &c. to the Value of more than 1l. growing in a Pleasure Ground, &c.

      1. 20. Whosoever shall unlawfully and maliciously cut, break, bark, root up,...

   6. Destroying or damaging Trees, Shrubs, &c. to the Value of more than 5l. growing elsewhere than in a Pleasure Ground, &c.

      1. 21. Whosoever shall unlawfully and maliciously cut, break, bark, root up,...

   7. Damaging Trees, wheresoever growing, to the Amount of 1s.

      1. 22. Whosoever shall unlawfully and maliciously cut, break, bark, root up,...

   8. Destroying any Fruit or vegetable Production in a Garden.

      1. 23. Whosoever shall unlawfully and maliciously destroy, or damage with Intent...

   9. Destroying &c. vegetable Productions not growing in Gardens, &c.

      1. 24. Whosoever shall unlawfully and maliciously destroy, or damage with Intent...

8. Injuries to Fences

   1. Destroying, &c. any Fence, Wall, Stile, or Gate.

      1. 25. Whosoever shall unlawfully and maliciously cut, break, throw down, or...

9. Injuries to Mines

   1. Setting fire to a Coal Mine.

      1. 26. Whosoever shall unlawfully and maliciously set fire to any Mine...

   2. Attempting to set fire to a Mine.

      1. 27. Whosoever shall unlawfully and maliciously by any overt Act attempt...

   3. Conveying Water into a Mine, obstructing the Shaft, &c.

      1. 28. Whosoever shall unlawfully and maliciously cause any Water to he...

   4. Damaging Steam Engines, Staiths, Waggon ways, &c. for working Mines.

      1. 29. Whosoever shall unlawfully and maliciously pull down or destroy, or...

10. Injuries to Sea and River Banks, and to Works on Rivers, Canals, &c

    1. Destroy any Sea Bank, or Wall on any Canal.

       1. 30. Whosoever shall unlawfully and maliciously break down or cut down...

    2. Removing the Piles of any Sea Bank, &c., or doing any Damage to obstruct the Navigation of a River or Canal.

       1. 31. Whosoever shall unlawfully and maliciously cut off, draw up, or...

11. Injuries to Ponds

    1. Breaking down the Dam of a Fishery, &c. or Milldam, or poisoning Fish.

       1. 32. Whosoever shall unlawfully and maliciously cut through, break down, or...

12. Injuries to Bridges, Viaducts, and Toll Bars

    1. Injury to a public Bridge.

       1. 33. Whosoever shall unlawfully and maliciously pull or throw down or...

    2. Destroying a Turnpike Gate, Toll House, &c.

       1. 34. Whosoever shall unlawfully and maliciously throw down, level, or otherwise...

13. Injuries to Railway Carriages and Telegraphs

    1. Placing Wood, &c. on Railway with Intent to obstruct, or overthrow any Engine, &c.

       1. 35. Whosoever shall unlawfully and maliciously put, place, cast, or throw...

    2. Obstructing Engines or Carriages on Railways.

       1. 36. Whosoever, by any unlawful Act, or by any wilful Omission...

    3. Injuries to Electric or Magnetic Telegraphs.

       1. 37. Whosoever shall unlawfully and maliciously cut, break, throw down, destroy,...

    4. Attempt to Injure such Telegraphs.

       1. 38. Whosoever shall unlawfully and maliciously, by any overt Act, attempt...

14. Injuries to Works of Art

    1. Destroying or damaging Works of Art in Museums, Churches, &c., or in Public Places.

       1. 39. Whosoever shall unlawfully and maliciously destroy or damage any Book,...

15. Injuries to Cattle and other Animals

    1. Killing or maiming Cattle.

       1. 40. Whosoever shall unlawfully and maliciously kill, maim, or wound any...

    2. Killing or maiming other Animals.

       1. 41. Whosoever shall unlawfully and maliciously kill, maim, or wound any...

    3. Setting fire to a Ship.

       1. 42. Whosoever shall unlawfully and maliciously set fire to, cast away,...

    4. Setting fire to Ships to prejudice the Owner or Underwriters.

       1. 43. Whosoever shall unlawfully and maliciously set fire to, or cast...

    5. Attempting to set fire to a Vessel.

       1. 44. Whosoever shall unlawfully and maliciously, by any overt Act, attempt...

    6. Placing Gunpowder near a Vessel with Intent to damage it.

       1. 45. Whosoever shall unlawfully and maliciously place or throw in, into,...

    7. Damaging Ships otherwise than by Fire.

       1. 46. Whosoever shall unlawfully and maliciously damage, otherwise than by Fire,...

    8. Exhibiting false Signals, &c.

       1. 47. Whosoever shall unlawfully mask, alter, or remove any Light or...

    9. Removing or concealing Buoys and other Sea Marks.

       1. 48. Whosoever shall unlawfully and maliciously cut away, cast adrift, remove,...

    10. Destroying Wrecks or any Articles belonging thereto.

        1. 49. Whosoever shall unlawfully and maliciously destroy any Part of any...

16. Sending Letters threatening to burn or destroy

    1. Sending Letters threatening to burn or destroy Houses, Buildings, Ships, &c.

       1. 50. Whosoever shall send, deliver, or utter, or directly or indirectly...

17. Injuries not before provided for

    1. Person committing malicious Injuries not before provided for exceeding the Amount of 5l.

       1. 51. Whosoever shall unlawfully and maliciously commit any Damage, Injury, or...

    2. Persons committing Damage to any Property, in any Case not previously provided for, may be committed or fined and compelled by a Justice to pay Compensation not exceeding 5l.

       1. 52. Whosoever shall wilfully or maliciously commit any Damage, Injury, or...

    3. Preceding Section to extend to Trees.

       1. 53. The Provisions in the last preceding Section contained shall extend...

18. Making Gunpowder to commit Offences, and searching for the same

    1. Making or having Gunpowder, &c. with Intent to commit any Felony against this Act.

       1. 54. Whosoever shall make or manufacture, or knowingly have in his...

    2. Justices may issue Warrants for searching Houses, &c. for such Gunpowder, &c.

       1. 55. Any Justice of the Peace of any County or Place...

19. Other Matters

    1. Principals in the Second Degree and Accessories.

       1. 56. In the Case of every Felony punishable under this Act,...

    2. A Person loitering at Night and suspected of any Felony against this Act may be apprehended.

       1. 57. Any Constable or Peace Officer may take into Custody, without...

    3. Malice against Owner of Property unnecessary.

       1. 58. Every Punishment and Forfeiture by this Act imposed on any...

    4. Provisions of this Act shall apply to Persons in possession of the Property injured.

       1. 59. Every Provision of this Act not herein-before so applied shall...

    5. Intent to injure or defraud particular Persons need not be stated in any Indictment.

       1. 60. It shall be sufficient in any Indictment for any Offence...

    6. Persons in the Act of committing any Offence may be apprehended without a Warrant.

       1. 61. Any Person found committing any Offence against this Act, whether...

    7. Mode of compelling the Appearance of Persons punishable on summary Conviction.

       1. 62. Where any Person shall be charged on the Oath of...

    8. Abettors in Offences punishable on summary Conviction.

       1. 63. Whosoever shall aid, abet, counsel, or procure the Commission of...

    9. Application of Forfeitures and Penalties upon summary Convictions.

       1. 64. Every Sum of Money which shall be forfeited for the...

    10. If a Person summarily convicted shall not pay, &c., the Justice may commit him.

        1. 65. In every Case of a summary Conviction under this Act,...

    11. The Justice may discharge the Offender in certain Cases.

        1. 66. Where any Person shall be summarily convicted before a Justice...

    12. A summary Conviction shall be a Bar to any other Proceeding for the same Cause.

        1. 67. When any Person convicted of any Offence punishable upon summary...

    13. Appeal.

        1. 68. In all Cases where the Sum adjudged to be paid...

    14. No Certiorari, &c.

        1. 69. No such Conviction, or Adjudication made on Appeal therefrom, shall...

    15. Convictions to be returned to the Quarter Sessions.

        1. 70. Every Justice of the Peace before whom any Person shall...

    16. Venue in Proceedings against Persons acting under this Act.

        1. 71. All Actions and Prosecutions to be commenced against any Person...

    17. Offences committed within the Jurisdiction of the Admiralty.

        1. 72. All indictable Offences mentioned in this Act which shall be...

    18. Fine and Sureties for keeping the Peace; in what Cases.

        1. 73. Whenever any Person shall be convicted of any indictable Misdemeanor...

    19. Hard Labour.

        1. 74. Whenever Imprisonment, with or without Hard Labour, may be awarded...

    20. Solitary Confinement and Whipping.

        1. 75. Whenever Solitary Confinement may be awarded for any indictable Offence...

    21. Summary Proceedings in England may be under the 11 & 12 Vict. c. 43., and in Ireland under the 14 & 15 Vict. c. 93.

        1. 76. Every Offence hereby made punishable on summary Conviction may be...

    22. The Costs of the Prosecution of Misdemeanors against this Act may be allowed.

        1. 77. The Court before which any indictable Misdemeanor against this Act...

    23. Act not to extend to Scotland.

        1. 78. Nothing in this Act contained shall extend to Scotland, except...

    24. Commencement of Act.

        1. 79. This Act shall commence and take effect on the First...