Malicious Damage Act 1861 (1861 c. 97)

1—34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1] Ss. 1–34, 37–46, 49–57, 59–71 repealed by Criminal Damage Act 1971 (c. 48), Sch. Pt. I

Injuries to Railway Carriages and Telegraphs

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

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 . . .

[F2] Words repealed by Statute Law Revision Act 1892 (c. 19)

[F3] Words repealed by Criminal Justice Act 1948 (c. 58), Sch. 10 Pt. I

36 Obstructing engines or carriages on railways.

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, . . .

[F4] Words omitted by virtue of Criminal Justice Act 1948 (c. 58), s. 1(2)

37—46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5] Ss. 1–34, 37–46, 49–57, 59–71 repealed by Criminal Damage Act 1971 (c. 48), Sch. Pt. I

47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6] Ss. 47, 48 repealed (1.5.1994) by Merchant Shipping (Registration, etc.) Act 1993 (c. 22), s. 8(3)(4), Sch. 4 para.35, Sch. 5 Pt. II; S.I. 1993/3137, art. 3(2), Sch. 2

48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7] Ss. 47, 48 repealed (1.5.1994) by Merchant Shipping (Registration, etc.) Act 1993 (c. 22), s. 8(3)(4), Sch. 4 para. 35, Sch. 5 Pt. II; S.I. 1993/3137, art. 3(2), Sch. 2

49—55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8] Ss. 1–34, 37–46, 49–57, 59–71 repealed by Criminal Damage Act 1971 (c. 48), Sch. Pt. I

Other Matters

56, 57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9] Ss. 1–34, 37–46, 49–57, 59–71 repealed by Criminal Damage Act 1971 (c. 48), Sch. Pt. I

58 Malice against owner of property unnecessary.

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.

59—71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10] Ss. 1–34, 37–46, 49–57, 59–71 repealed by Criminal Damage Act 1971 (c. 48), Sch. Pt. I

72 Offences committed within the jurisdiction of the Admiralty.

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

[F11] Words repealed by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III

73—79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12] Ss. 73–79 repealed by Criminal Damage Act 1971 (c. 48), s. 11(3)(8), Sch. Pt. I