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There are currently no known outstanding effects for the Malicious Damage Act 1861.
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An Act to consolidate and amend the Statute Law of England and Ireland relating to Malicious Injuries to Property.
[6th August 1861]
Modifications etc. (not altering text)
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
Commencement Information
I1Act wholly in force at Royal Assent
Textual Amendments
F1Ss. 1–34, 37–46, 49–57, 59–71 repealed by Criminal Damage Act 1971 (c. 48), Sch.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 . . . F2 or to be imprisoned . . . F3
Textual Amendments
F2Words repealed by Statute Law Revision Act 1892 (c. 19)
F3Words repealed by Criminal Justice Act 1948 (c. 58), Sch. 10 Pt. I
Modifications etc. (not altering text)
C4Reference 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)
C5S. 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, . . . F4
Textual Amendments
F4Words omitted by virtue of Criminal Justice Act 1948 (c. 58), s. 1(2)
Modifications etc. (not altering text)
C6S. 36 amended as to mode of trial by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 17, Sch. 1 para. 4
Textual Amendments
F5Ss. 1–34, 37–46, 49–57, 59–71 repealed by Criminal Damage Act 1971 (c. 48), Sch. Pt. I
Textual Amendments
F6Ss. 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
Textual Amendments
F7Ss. 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
Textual Amendments
F8Ss. 1–34, 37–46, 49–57, 59–71 repealed by Criminal Damage Act 1971 (c. 48), Sch. Pt. I
Textual Amendments
F9Ss. 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.
Textual Amendments
F10Ss. 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 . . . F11 liable to the same punishments as if they had been committed upon the land in England or Ireland . . . F11
Textual Amendments
F11Words repealed by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III
Textual Amendments
F12Ss. 73–79 repealed by Criminal Damage Act 1971 (c. 48), s. 11(3)(8), Sch. Pt. I
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