years, or imprisonment not exceeding three years, 7 W. 4 & 1 Vict. c. 89, s. 8, with or without hard labour, and with or without soli*335]tary *confinement, such confinement not exceeding one month at any one time, nor three months in any one year. (ante, p. 312). Id. s. 12, Evidence. Prove that the ship was stranded or cast ashore; prove the destruction of that part of the ship stated in the indictment, and that it was done by the defendant maliciously. (See ante, p. 314). CUTTING AWAY, &C. BUOYS, &c. Statute. 1 & 2 G. 4, c. 75, s. 11]-Enacts, that if any person or persons shall wilfully cut away, cast adrift, remove, alter, deface, sink, or destroy, or shall do or commit any act with intent and design to cut away, cast adrift, remove, alter, deface, sink, or destroy, or in any other way injure or conceal, any buoy, buoy-rope, or mark belonging to any ship or vessel, or which may be attached to any anchor or cable belonging to any ship or vessel whatever, whether in distress or otherwise, such person or persons so offending shall, on being convicted of such offence, be deemed and adjudged to be guilty of felony, and shall be liable to be transported for any term not exceeding seven years, or, in mitigation of such punishinent, to be imprisoned for any number of years, at the discretion of the court in which the conviction shall be made. Indictment. Sussex, to wit:-The jurors for our lady the Queen upon their oath present, that J. S., late of the parish of B., in the county of Sussex, labourer, on the third day of August, in the ninth year of the reign of our sovereign lady Victoria, with force and arms, upon the high seas, did then and there feloniously and wilfully cut away a certain buoy (“ any buoy, buoy-rope, or mark") belonging to a certain ship called the Rattler, the property of J. N., and then and there attached to a certain anchor and cable belonging to the said ship; against the form of the statute in such case made and provided, and against the peace of our lady the Queen, her crown and dignity. Felony, transportation for seven years, or imprisonment for any number of years, in the discretion of the court. 1 & 2 G. 4, c. 75, s. 11. The statute does not apply to Ireland or Scotland, nor does it affect the cinque port or pilot acts. Sects. 33, 36. See stat. 2 G. 2, c. 23, s. 13, as to cutting and destroying, &c., cordage, &c., in the river Thames; and 1 & 2 G. 4, c. 76, as to offences committed within the jurisdiction of the cinque ports. Evidence. Prove that the buoy, &c., belonging to the ship described in the indictment was attached to an anchor and cable belonging to the ship; and prove that the defendant cut away the buoy, &c. wilfully. If an intent be charged in the indictment, circumstances must be proved from which that intent may be presumed by the jury. *DESTROYING SEA BANKS, LOCKS, AND PILES, &c. [ *336 ] Statute. 7 & 8 G. 4, c. 30, s. 12]--Enacts, that if any person shall unlawfully and maliciously break down or cut down any sea bank or sea wall, or the bank or wall of any river, canal, or marsh, whereby any lands shall be overflowed or damaged, or shall be in danger of being so, or shall unlawfully and maliciously throw down, level, or otherwise destroy any lock, sluice, flood-gate, or other work on any navigable river or canal, 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 terrn 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; and if any person shall unlawfully and maliciously cut off, draw up, or remove any piles, chalk, or other materials fixed in the ground, and used for securing any sea bank or sea wall, or the bank or wall of any river, canal, or marsh, or shall unlawfully and maliciously open or draw up any flood-gate, or do any other injury or mischief to any navigable river or canal, with intent and so as thereby to obstruct or prevent the carrying on, completing, or maintaining the navigation thereof, 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 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. Indictment for cutting down River or Sea Banks. Commencement as ante, p. 169]-in the county aforesaid, a certain part of the bank (“any sea bank or sea wall, or the bank or wall of any river, canal, or marsh") of a certain river called the river there situate, then and there feloniously, unlawfully, and maliciously did cut down and break down, by means whereof certain lands were then and there overflowed and damaged [or, were in danger of being overflowed and damaged]; against the form of the statute in such case made and provided, and against the peace of our lady the Queen, her crown and dignity. Felony, transportation for life, or for not less than seven years, or imprisonment, (with or without hard labour for the whole or any part of the imprisonment, and with or without solitary confinement, 7 & 8 G. 4, c. 30, s. 27, (ante, p. 323), such confinement not exceeding one month at any one time, nor three months in any one year, 7 W. 4 & 1 Vict. c. 90, s. 5, (ante, p. 169)), not exceeding four years; and, if a male, to be once, twice, or thrice publicly or privately whipped, in addition to the imprisonment, if the court shall think fit. 7 & 8 G. 4, c. 30, s. 12. This offence is not triable at any quarter sessions. 5 & 6 Vict. c. 38, s. 1, (ante, p. 69). Prove that the defendant broke down or cut down the banks of the river, situate as described in the indictment. Prove, also, that the offence was committed maliciously; (see ante, p. 314); and prove that, in consequence of the breaking or cutting of the banks, certain lands were, or were in danger of being, overflowed, as stated in the indictment. Indictment for throwing down, &c., Locks on Rivers, &c. Commencement as ante, p. 169]-in the county aforesaid, a certain lock, ("any lock, sluice, flood-gate, or other work") on a certain canal, ("any navigable river or canal"), called the, there situate and being, then and there feloniously, unlawfully, and maliciously did throw down, ("throw down, level, or otherwise destroy"); against the form of the statute in such case made and provided, and against the peace of our lady the Queen, her crown and dignity. Felony. See the last precedent. 7 & 8 G. 4, c. 30, s. 12. Evidence. Prove that the defendant threw down, &c., the lock in question, upon the canal or navigable river, as described in the indictment; prove the local situation of the canal or river; and prove that it was done maliciously. (See ante, p. 314). Indictment for cutting, &c., Piles, &c., in Rivers or Sea Banks. Commencement as ante, p. 169]-in the county aforesaid, a certain pile, ("any piles, chalk, or other materials fixed in the ground, and used for securing any sea bank or sea wall, or the bank or wall of any river, canal, or marsh"), then and there fixed in the ground, and then and there used for securing the bank of a certain river called the river, there situate, then and there feloniously, unlawfully, and maliciously did cut off, ("cut off, draw up, or remove"); against the form of the statute in such case made and provided, and against the peace of our said lady the Queen, her crown and dignity. Felony, transportation for seven years, or imprisonment, (with or without hard labour for the whole or any part of the imprisonment, and with or without solitary confinement, 7 & 8 G. 4. c. 30, s. 27, (ante, p. 323), such confinement not exceeding one month at any one time, nor three months in any one year, 7 W. 4 & 1 Vict. c. 90, s. 5, (ante, p. 169)), not exceeding two years; and, if a male, to be once, twice, or thrice publicly or privately whipped, in addition to the imprisonment, if the court shall think fit. 7 & 8 G. 4, c. 30, s. 12, (ante, p. 336). Evidence. Prove that the pile was fixed in the ground, and used to secure the bank of the river, situate as described in the in- [ *338 ] dictment; prove that the defendant cut it, and prove that he did so maliciously. (See ante, p. 314). Indictment for opening Flood-gates, &c., with Intent, &c. Commencement as ante, p. 169]-in the county aforesaid, feloniously, unlawfully, and maliciously did open and draw up (open or draw up any flood-gate, or do any other injury or mischief to any navigable river or canal") a certain flood-gate there situate, of and belonging to a certain navigable river called the river, with intent thereby (" with intent and so as thereby") then and there to obstruct and prevent (" obstruct or prevent") the carrying on (" carrying on, completing, or maintaining") of the navigation of the said navigable river; and that the said J. S. thereby then and there did obstruct the carrying on of the navigation of the said navigable river; against the form of the statute in such case made and provided, and against the peace of our lady the Queen, her crown and dignity. Felony. See the last precedent. 7 & 8 G. 4, c. 30, s. 12. Evidence. Prove that the defendant opened or drew up the flood gate of the navigable river in question, in the parish stated in the indictment. Prove that he did so maliciously; (see ante, p. 314); prove the intent from circumstances from which the jury may infer it; (see ante, p. 104); and prove that the navigation was obstructed, which alone will be sufficient evidence of the intent. DESTROYING PUBLIC BRIDGES, &c. Statute. 7 & 8 G. 4, c. 30, s. 13]-Enacts, that if any person shall unlawfully and maliciously pull down, or in anywise destroy, any public bridge, or do any injury with intent and so as thereby to render such bridge or any part thereof dangerous or impassable 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 imprison ment. Indictment for pulling down a Public Bridge. Commence went as ante, p. 169]-in the county aforesaid, a certain public bridge ("any public bridge”) there situate, then and there feloniously, unlawfully, and maliciously did pull down and destroy [ *339]*("pull down, or in anywise destroy"); against the form of the statute in such case made and provided, and against the peace of our lady the Queen, her crown and dignity. Felony, transportation for life, or not less than seven years, or imprisonment, (with or without hard labour for the whole or any part of the imprisonment, and with or without solitary confinement, 7 & 8 G. 4, c. 30, s. 27, (ante, p. 323), such confinement not exceeding one month at any one time, nor three months in any one year, 7 W. 4 & 1 Vict. c. 90, s. 5. (ante, p. 169)), not exceeding four years; and, if a male, to be once, twice, or thrice publicly or privately whipped, in addition to the |