Malicious Damage Act 1861
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The Malicious Damage Act of 1861 is an Act of the Parliament of the United Kingdom (24 & 25 Vict c. 97). It is a law now mostly concerned with damage to property in the transport sector of society. It forbids willful damage to railways, roads, and even lighthouses. Beyond simple damage to property, it also covers willful disruption of transport systems, such as might be accomplished by giving false signals or removing navigational buoys in waterways[1]. Written before the formation of the Republic of Ireland, it survives in both British and Irish law. Additionally, it persists in many Commonwealth of Nations countries, who were a part of the British Empire in 1861, including Canada, Trinidad & Tobago and many formerly British African colonies.
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[edit] History
Prior to the 19th century, property damage in Britain was reserved to a single offense: arson, defined as the willful burning of a personal dwelling. Gradually, very specific legislation was passed, expanding the resources with which the state could protect the rights of property owners. Eventually, these many separate laws were simplified and aggregated under the Malicious Damage Act. For 110 years it was the principle means of legal recourse for property owners of all types. In 1971, however, Parliament enacted the Criminal Damage Act 1971, which subsumed many of the Malicious Damage Act's sections into its own body. Currently, therefore, the Act almost exclusively covers damage done to property in the transport sector[2].
[edit] Specific provisions
The following is a list of the various provisions of the original act, with notation, where known, as to whether the section is still in effect:
[edit] Sections 1-13
Addresses buildings and their contents.
[edit] Section 2
Makes setting fire to a dwelling house illegal.
[edit] Section 3
Makes setting fire to any sort of house, with intent to injure or defraud, illegal, whether as primary actor or accessory before the fact.
[edit] Sections 14 & 15
Covers machinery and goods used for manufacture.
[edit] Sections 16-24
Looks as the protection of corn, trees, and vegetable products
[edit] Section 22
Prohibits malicious damage to trees.
[edit] Section 25
Prohibits damage to fences.
[edit] Sections 26, 28 & 29
Regulates damages to mines.
[edit] Sections 30-32
Offers protection for shore-side facilities used on and around waterways
[edit] Sections 33-34
Punishes damage to bridges, viaducts and toll-bars
[edit] Section 35-38
Protects railways.
[edit] Section 35
Makes illegal the obstruction of a railway, removal or damage of the rails themselves, damage to turning points, or tampering with the signal system in any way. It requires evidence of intent to "obstruct, upset, overthrow, injure or destroy any engine, tender, carriage or truck" on a railway[3]. Maximum penalty is life imprisonment. An indictment is required.
[edit] Section 36
Covers the same prohibitions as Section 35, but no specific intent is necessary for a finding of guilt.
[edit] Section 39
Guards against damage to works of art.
[edit] Section 40-41
Legislates against damage to cattle and domestic animals.
[edit] Sections 42, 45-47
Protects ships themselves.
[edit] Sections 48-49
Examines damage to sea marks, wrecks, and wrecked goods.
