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MALICIOUS DAMAGE ACT 1861

MALICIOUS DAMAGE ACT 1861 - LONG TITLE

An Act to consolidate and amend the Statute Law of . . . Ireland
relating to Malicious Injuries to Property.{1}
[6th August 1861]
Preamble rep. by SLR 1892

Ss.134 rep. by SLR 1892; SLR 1893 (No.2); 1953 c.14 (NI) s.1(2);
SLR (NI) 1954; 1967 c.18 (NI) s.15(2) sch.2 Pt.II; 1977 NI 14
art.13(6)(10) sch.2

Placing wood, &c. on railway with intent to obstruct or overthrow
any engine, &c.

MALICIOUS DAMAGE ACT 1861 - SECT 35

35. Whosoever shall unlawfully and maliciously cut, place, cast, or
throw upon or across any railway any wood, stone, or other matter
or thing, or shall unlawfully and maliciously take up, remove, or
displace any rail, sleeper, or other matter or thing belonging to
any railway, or shall unlawfully and maliciously turn, move, or
divert any points or other machinery belonging to any railway, or
shall unlawfully and maliciously make or show, hide or remove, any
signal or light upon or near to any railway, or shall unlawfully
and maliciously do or cause to be done any other matter or thing,
with intent, in any of the cases aforesaid, to obstruct, upset,
overthrow, injure, or destroy any engine, tender, carriage, or truck
using such railway, shall be guilty of felony, and being convicted
thereof shall be liable, at the discretion of the court, to be
kept in penal servitude for life ... or to be imprisoned ...

MALICIOUS DAMAGE ACT 1861 - SECT 36
Obstructing engines, or carriages on railways.

36. Whosoever, by any unlawful act, or by any wilful omission or
neglect, shall obstruct or cause to be obstructed any engine or
carriage using any railway, or shall aid or assist therein, shall
be guilty of a misdemeanor, and being convicted thereof shall be
liable, at the discretion of the court, to be imprisoned for any
term not exceeding two years,....

Ss.3746 rep. by SLR 1892; SLR 1893 (No.2); 1953 c.14 (NI) s.1(2);
SLR (NI) 1954; 1967 c.18 (NI) s.15(2) sch.2 Pt.II; 1977 NI 4
art.13(6) sch.2

MALICIOUS DAMAGE ACT 1861 - SECT 47
Exhibiting false signals, &c.

47. Whosoever shall unlawfully mask, alter, or remove any light or
signal, or unlawfully exhibit any false light or signal, with intent
to bring any ship, vessel, or boat into danger, or shall unlawfully
and maliciously do anything tending to the immediate loss or
destruction of any ship, vessel, or boat, and for which no
punishment is herein-before provided, shall be guilty of felony, and
being convicted thereof shall be liable, at the discretion of the
court, to be kept in penal servitude for life ... or to be
imprisoned ....

MALICIOUS DAMAGE ACT 1861 - SECT 48
Removing or concealing buoys and other sea marks.

48.Whosoever shall unlawfully and maliciously cut away, cast adrift,
remove, alter, deface, sink, or destroy, or shall unlawfully and
maliciously do any act with intent to cut away, cast adrift,
remove, alter, deface, sink, or destroy, or shall in any other
manner unlawfully and maliciously injure or conceal any boat, buoy,
buoy rope, perch, or mark used or intended for the guidance of
seamen or the purpose of navigation, shall be guilty of felony, and
being convicted thereof shall be liable, at the discretion of the
court, to be kept in penal servitude for any term not exceeding
seven years ... or to be imprisoned ....

Ss.4955 rep. by SLR 1892; SLR 1893 (No.2); 1914 c.58 s.14(2); 1953
c.3 (NI) s.51 sch.4; 1953 c.14 (NI) s.1(2); SLR (NI) 1954; 1977 NI
4 art.13(6) sch.2

Ss.56, 57 rep. by 1953 c.14 (NI) s.1(2); 1967 c.18 (NI) s.15(2)
sch.2 Pt.II

MALICIOUS DAMAGE ACT 1861 - SECT 58
Malice against owner of property unnecessary.

58. Every punishment and forfeiture by this Act imposed on any
person maliciously committing any offence, whether the same be
punishable upon indictment or upon summary conviction, shall equally
apply and be enforced, whether the offence shall be committed from
malice conceived against the owner of the property in respect of
which it shall be committed, or otherwise.

Ss.5971 rep. by 1893 c.61 s.2 sch.; SLR 1893; 1935 c.13 (NI) s.62
sch.5; 1945 c.16 (NI) s.9(3) sch.2; SLR (NI) 1954; 1967 c.18 (NI)
s.15(2) sch.2 Pt.II; SLR 1976; SL(R) 1976; 1977 NI 4 art.13(6)
sch.2

MALICIOUS DAMAGE ACT 1861 - SECT 72
Offences committed within the jurisdiction of the Admiralty.

72. All indictable offences mentioned in this Act which shall be
committed within the jurisdiction of the Admiralty of ... Ireland
shall be ... liable to the same punishments as if they had been
committed upon the land in ... Ireland, ....

Ss.7379 rep. by SLR 1892; SLR (NI) 1954; 1967 c.18 (NI) s.15(2)
sch.2 Pt.II; 1968 c.10 (NI) s.11 sch.; SLR 1976; 1977 NI 4
art.13(6) sch.2






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URL: http://www.bailii.org/nie/legis/num_act/mda1861139.txt