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This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.
1—34... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Injuries to Railway Carriages and Telegraphs
35. Placing wood, &c. on railway, with intent to obstruct or overthrow any engine, &c
37—46... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
47.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
48.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49—55... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An Act to consolidate and amend the Statute Law of England and Ireland relating to Malicious Injuries to Property.
[6th August 1861]
C1Short title given by Short Titles Act 1896 (c. 14)
C2Preamble omitted under authority of Statute Law Revision Act 1892 (c. 19)
C3This Act is not necessarily in the form in which it has effect in Northern Ireland
I1Act wholly in force at Royal Assent
F1Ss. 1–34, 37–46, 49–57, 59–71 repealed by Criminal Damage Act 1971 (c. 48), Sch. Pt. I
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 . . . F1 or to be imprisoned . . . F2
F1Words repealed by Statute Law Revision Act 1892 (c. 19)
F2Words repealed by Criminal Justice Act 1948 (c. 58), Sch. 10 Pt. I
C1Reference to penal servitude for life to be construed as reference to imprisonment for life or any shorter term: Criminal Justice Act 1948 (c. 58), s. 1(1)
C2S. 35 extended (N.I.) (prosp.) by Criminal Jurisdiction Act 1975 (c. 59, SIF 39:2), s. 1, Sch. 1 para. 6 (as substituted (prosp.) by S.I. 1991/1711, arts. 1(3), 6)
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, . . . F1
F1Words omitted by virtue of Criminal Justice Act 1948 (c. 58), s. 1(2)
C1S. 36 amended as to mode of trial by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 17, Sch. 1 para. 4
F1Ss. 1–34, 37–46, 49–57, 59–71 repealed by Criminal Damage Act 1971 (c. 48), Sch. Pt. I
F1Ss. 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
F1Ss. 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
F1Ss. 1–34, 37–46, 49–57, 59–71 repealed by Criminal Damage Act 1971 (c. 48), Sch. Pt. I
F1Ss. 1–34, 37–46, 49–57, 59–71 repealed by Criminal Damage Act 1971 (c. 48), Sch. Pt. I
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.
F1Ss. 1–34, 37–46, 49–57, 59–71 repealed by Criminal Damage Act 1971 (c. 48), Sch. Pt. I
All indictable offences mentioned in this Act which shall be committed within the jurisdiction of the Admiralty of England or Ireland shall be . . . F1 liable to the same punishments as if they had been committed upon the land in England or Ireland . . . F1
F1Ss. 73–79 repealed by Criminal Damage Act 1971 (c. 48), s. 11(3)(8), Sch. Pt. I
Malicious Damage Act 1861