Malicious Injuries to Property (Ireland) Act 1828

JurisdictionUK Non-devolved
Citation1828 c. 56
Anno Regni GEORGII IV. Britanniarum Regis, Nono. An Act for consolidating and amending the Laws inIreland relative to malicious Injuries to Property.

(9 Geo. 4) C A P. LVI.

[15th July 1828]

'WHEREAS in the last Session of Parliament an Act was passed for consolidating and amending the Laws inEngland relative to malicious Injuries to Property, and it is expedient that Provision should be made in Ireland for the like Purpose;' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliamentassembled, and by the Authority of the same, That this present Act, and the several Matters therein contained, shall extend toIreland , and not to England, Wales , or Scotland ; and that this Actshall commence and take effect inIreland on the First Day of September One thousand eight hundred and twenty-eight.

S-II Setting fire to a House, Outbuilding, Church, or Chapel, Felony, with Death.

II Setting fire to a House, Outbuilding, Church, or Chapel, Felony, with Death.

II. And be it enacted, That if any Person shall unlawfully and maliciously set fire to any House, Stable, Coach-house, Outhouse, Warehouse, Office, Shop, Mill, Malthouse, Hop-oast, Barn, Hay-yard, or Granary, or to any Building or Erection used in carrying on any Trade or Manufacture, or any Branch thereof, whether the same or any of them respectively shall then be in the Possession of the Offender, or in the Possession of any other Person, or if any Person shall unlawfully and maliciously set fire to any Church, Chapel, or Place for Religious Worship, every such Offender shall be guilty of Felony, and being convicted thereof, shall suffer Death as a Felon.

S-III Destroying, or forcibly entering any Place with Intent to destroy Silk, Woollen, Linen, or Cotton Goods, in the Loom, &c. or any Machinery belonging to such Manufactures, &c. Felony, punishable with Transportation for Life, &c.

III Destroying, or forcibly entering any Place with Intent to destroy Silk, Woollen, Linen, or Cotton Goods, in the Loom, &c. or any Machinery belonging to such Manufactures, &c. Felony, punishable with Transportation for Life, &c.

III. And be it enacted, That if any Person shall unlawfully and maliciously cut, break, or destroy, or damage, with Intent to destroy or to render useless, any Goods or Article of Silk, Woollen, Mohair, or Cotton, or of any one or more of those Materials mixed with each other, or mixed with any other Material, or any Framework-knitted Piece, Stocking-hose, or Lace respectively, being in the Loom or Frame, or on any Machine or Engine, or on the Rack or Tenters, or in any Stage, Process, or Progress of Manufacture, or shall unlawfully and maliciously cut, break, or destroy, or damage with Intent to destroy or to render useless, any Warp or Shute of Silk, Woollen, Linen, Mohair, or Cotton, or of any one or more of those Materials mixed with each other, or mixed with any other Material, or any Loom, Frame, Machine, Engine, Rack, Tackle, Tool, or Implement, whether fixed or moveable, prepared for or employed in carding, spinning, throwing, weaving, fulling, shearing, or otherwise manufacturing or preparing any such Goods or Articles, or shall by force enter into any House, Shop, Building, or Place, with Intent to commit any of the Offences aforesaid, every such Offender shall be guilty of Felony, and being convicted thereof, shall be liable, at the Discretion of the Court, to be transported beyond the Seas for Life, or for any Term not less than Seven Years, or to be imprisoned for any Term not exceeding Four Years, and if a Male to be Once, Twice, or Thrice publicly or privately whipped (if the Court shall so think fit), in addition to, such Imprisonment.

S-IV Destroying Machines or Machinery in other Manufactures, or Threshing Machines, &c. Felony, with Transportation for Seven Years, &c.

IV Destroying Machines or Machinery in other Manufactures, or Threshing Machines, &c. Felony, with Transportation for Seven Years, &c.

IV. And be it enacted, That if any Person shall unlawfully and maliciously cut, break, or destroy, or damage, with Intent to destroy or to render useless, any Threshing Machine, or any Machine or Engine, whether fixed or moveable, or any Tool or Implement prepared for or employed in any Manufacture whatsoever (except the Manufacture of Silk, Woollen, Linen, Mohair, or Cotton Goods, or Goods of any one or more of those Materials mixed with each other, or mixed with any other Material, or any Framework-knitted Piece, Stocking Hose, or Lace), every such Offender shall be guilty of Felony, and being convicted thereof, shall be liable, at the Discretion of the Court, to be transported beyond the Seas for the Term of Seven Years, or to be imprisoned for any Term not exceeding Two Years, and if a Male to be Once, Twice, or Thrice publicly or privately whipped (if the Court shall so think fit), in addition to such Imprisonment.

S-V Penalty on Journeymen, &c. spoiling Goods, or Work, 5 l. to the Party grieved.

V Penalty on Journeymen, &c. spoiling Goods, or Work, 5 l. to the Party grieved.

V. And be it enacted, That if any Artificer, Workman, Journeyman, Apprentice, Servant, or Labourer, shall wilfully and unlawfully damage, spoil, or destroy any Goods, Wares, or Work committed to his Care or Charge, without the Consent of the Person by whom he shall be hired, retained, or employed, every such Offender, being lawfully convicted thereof before any Justice or Justices of the Peace, shall forfeit and pay such Sum of Money as shall appear to the Justice or Justices to be a reasonable Compensation for the Damage, Injury, Spoil, or Destruction so committed, not exceeding in any Case the Sum of Five Pounds, which Sum of Money shall be paid to the Party grieved; and every Person so convicted shall, in default of immediate Payment, be committed to the Gaol of the County of the City or Town, or to the House of Correction, there to be imprisoned only, or to be imprisoned and kept to hard Labour, for any Term not exceeding Three Calendar Months.

S-VI Setting fire to a Coal Mine.

VI Setting fire to a Coal Mine.

VI. And be it enacted, That if any Person shall unlawfully and maliciously set fire to any Mine of Coal or Cannel Coal, every such Offender shall be guilty of Felony, and being convicted thereof, shall suffer Death as a Felon.

S-VII Drowning any Mine, or filling up any Shaft, &c. with Intent to destroy the Mine, Felony, punishable by Transportation, &c.

VII Drowning any Mine, or filling up any Shaft, &c. with Intent to destroy the Mine, Felony, punishable by Transportation, &c.

VII. And be it enacted, That if any Person shall unlawfully and maliciously cause any Water to be conveyed into any Mine, or into any subterraneous Passage communicating therewith, with Intent thereby to destroy or damage such Mine, or to hinder or delay the working thereof, or shall with the like Intent unlawfully and maliciously pull down, fill up, or obstruct any Airway, Waterway, Drain, Pit, Level, or Shaft of or belonging to any Mine, every such Offender shall be guilty of Felony, and being convicted thereof, shall be liable, at the Discretion of the Court, to be transported beyond the Seas for the Term, of Seven Years, or to be imprisoned for any Term not exceeding Two Years, and if a Male to be Once, Twice, or Thrice publicly or private whipped (if the Courtshall so think fit), in addition to such Imprisonment: Provided always, that nothing hereinbefore contained shall extend to any Damage committed under Ground, by any Owner of any adjoining Mine, in working the same, or by any Person duly employed in such working.

S-VIII Destroying any Engine, Erection, &c. used in any Mine, Felony, punishable by Transportation.

VIII Destroying any Engine, Erection, &c. used in any Mine, Felony, punishable by Transportation.

VIII. And be it enacted, That if any Person shall unlawfully and maliciously pull down or destroy, or damage with Intent to destroy or to render useless, any Steam Engine, or other, Engine, or any Shaft, Passage, Drain, or Level for sinking, draining, or working any Mine, or any Staith, Building, or Erection used in conducting the Business of any Mine, or any Bridge, Waggonway, or Trunk for conveying Minerals from any Mine, whether such Engine, Staith, Building, Erection, Bridge, Waggonway, or Trunk be completed, or in an unfinished State, every such Offender shall be guilty of Felony, and being convicted thereof, shall be liable to any of the Punishments which the Court may award, as hereinbefore last mentioned.

S-IX Setting fire to or destroying a Ship, Felony, with Death.

IX Setting fire to or destroying a Ship, Felony, with Death.

IX. And be it enacted, That if any Person shall unlawfully and maliciously set fire to, or in anywise destroy any Ship or Vessel, whether the same be complete or in an unfinished State, or shall unlawfully and maliciously set fire to, cast away, or in anywise destroy any Ship or Vessel, every such Offender shall be guilty of Felony, and being convicted thereof, shall suffer Death as a Felon.

S-X Damaging a Ship, otherwise than by Fire, Felony, punishable by Transportation.

X Damaging a Ship, otherwise than by Fire, Felony, punishable by Transportation.

X. And be it enacted, That if any Person shall unlawfully and maliciously damage, otherwise than by Fire, any Ship or Vessel, whether complete or in an unfinished State, with Intent to destroy the same, or to render the same useless, every such Offender shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be transported beyond the Seas for the Term of Seven Years, or to be imprisoned for any Term not exceeding Two Years, and if a Male to be Once, Twice, or Thrice publicly or privately whipped (if the Court shall so think fit), in addition to, such Imprisonment.

S-XI Exhibiting false Signals, destroying a shipwrecked Vessel or Cargo,...

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