Malicious Damage Act 1861
Injuries by Fire to Buildings, and Goods therein
1Setting fire to a Church or Chapel.
2Setting fire to a Dwelling House, any Person being therein.
3Setting fire to a House, Outhouse, Manufactory, Farm Building, &c.
4Setting fire to any Railway Station.
5Setting fire to any Public Building.
6Setting fire to other Buildings.
7Setting fire to Goods in any Building the setting fire to which is Felony.
8Attempting to set fire to Buildings.
Injuries by explosive Substances to Buildings and Goods therein
9Destroying or damaging a House with Gunpowder, any Person being therein.
10Attempting to destroy Buildings with Gunpowder.
Injuries to Buildings by Rioters, &c
11Rioters demolishing Church, Building, &c.
12Rioters injuring Building, Machinery, &c.
Injuries to Buildings by Tenants
13Tenants of Houses, &c. maliciously injuring them.
Injuries to Manufactures, Machinery, &c
14Destroying Goods in Process of Manufacture, certain Machinery, &c.
15Destroying Machines in, other Manufactures, Threshing Machines, &c.
Injuries to Corn, Trees, and Vegetable Productions
16Setting fire to Crops of Corn, &c.
17Setting fire to Stacks of Corn, &c.
18Attempting to set fire to any Crops of Corn, &c. or to any Stack or Steer.
19Destroying Hopbinds.
20Destroying or damaging Trees, Shrubs, &c. to the Value of more than 1l. growing in a Pleasure Ground, &c.
21Destroying or damaging Trees, Shrubs, &c. to the Value of more than 5l. growing elsewhere than in a Pleasure Ground, &c.
22Damaging Trees, wheresoever growing, to the Amount of 1s. Second Offence. Third Offence.
23Destroying any Fruit or vegetable Production in a Garden. Second Offence.
24Destroying &c. vegetable Productions not growing in Gardens, &c. Second Offence.
Injuries to Fences
25Destroying, &c. any Fence, Wall, Stile, or Gate. Second Offence.
Injuries to Mines
26Setting fire to a Coal Mine.
27Attempting to set fire to a Mine.
28Conveying Water into a Mine, obstructing the Shaft, &c.
29Damaging Steam Engines, Staiths, Waggon ways, &c. for working Mines.
Injuries to Sea and River Banks, and to Works on Rivers, Canals, &c
30Destroy any Sea Bank, or Wall on any Canal.
31Removing the Piles of any Sea Bank, &c., or doing any Damage to obstruct the Navigation of a River or Canal.
Injuries to Ponds
32Breaking down the Dam of a Fishery, &c. or Milldam, or poisoning Fish.
Injuries to Bridges, Viaducts, and Toll Bars
33Injury to a public Bridge.
34Destroying a Turnpike Gate, Toll House, &c.
Injuries to Railway Carriages and Telegraphs
35Placing Wood, &c. on Railway with Intent to obstruct, or overthrow any Engine, &c.
36Obstructing Engines or Carriages on Railways.
37Injuries to Electric or Magnetic Telegraphs.
38Attempt to Injure such Telegraphs.
Injuries to Works of Art
39Destroying or damaging Works of Art in Museums, Churches, &c., or in Public Places.
Injuries to Cattle and other Animals
40Killing or maiming Cattle.
41Killing or maiming other Animals.
42Setting fire to a Ship.
43Setting fire to Ships to prejudice the Owner or Underwriters.
44Attempting to set fire to a Vessel.
45Placing Gunpowder near a Vessel with Intent to damage it.
46Damaging Ships otherwise than by Fire.
47Exhibiting false Signals, &c.
48Removing or concealing Buoys and other Sea Marks.
49Destroying Wrecks or any Articles belonging thereto.
Sending Letters threatening to burn or destroy
50Sending Letters threatening to burn or destroy Houses, Buildings, Ships, &c.
Injuries not before provided for
51Person committing malicious Injuries not before provided for exceeding the Amount of 5l.
52Persons committing Damage to any Property, in any Case not previously provided for, may be committed or fined and compelled by a Justice to pay Compensation not exceeding 5l. Application of the Money awarded. Not to extend to certain Cases herein named.
53Preceding Section to extend to Trees.
Making Gunpowder to commit Offences, and searching for the same
54Making or having Gunpowder, &c. with Intent to commit any Felony against this Act.
55Justices may issue Warrants for searching Houses, &c. for such Gunpowder, &c.
Other Matters
56Principals in the Second Degree and Accessories.
57A Person loitering at Night and suspected of any Felony against this Act may be apprehended.
58Malice against Owner of Property unnecessary.
59Provisions of this Act shall apply to Persons in possession of the Property injured.
60Intent to injure or defraud particular Persons need not be stated in any Indictment.
61Persons in the Act of committing any Offence may be apprehended without a Warrant.
62Mode of compelling the Appearance of Persons punishable on summary Conviction.
63Abettors in Offences punishable on summary Conviction.
64Application of Forfeitures and Penalties upon summary Convictions. Proviso where several Persons join in Commission of same Offence.
65If a Person summarily convicted shall not pay, &c., the Justice may commit him.
66The Justice may discharge the Offender in certain Cases.
67A summary Conviction shall be a Bar to any other Proceeding for the same Cause.
68Appeal.
69No Certiorari, &c.
70Convictions to be returned to the Quarter Sessions. How far Evidence in future Cases.
71Venue in Proceedings against Persons acting under this Act. General Issue, &c
72Offences committed within the Jurisdiction of the Admiralty.
73Fine and Sureties for keeping the Peace; in what Cases.
74Hard Labour.
75Solitary Confinement and Whipping.
76Summary Proceedings in England may be under the 11 & 12 Vict. c. 43., and in Ireland under the 14 & 15 Vict. c. 93. ; except in London and the Metropolitan Police District.
77The Costs of the Prosecution of Misdemeanors against this Act may be allowed.
78Act not to extend to Scotland.
79Commencement of Act.

Malicious Damage Act 1861

1861 Chapter 97

An Act to consolidate and amend the Statute Law of England and Ireland relating to Malicious Injuries to Property.

WHEREAS it is expedient to consolidate and amend the Statute Law of England and Ireland relating; to Malicious Injuries to Property :

Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows :