CHAPTER VI. DESTROYING A VESSEL WITH INTENT TO DEFRAUD THE UNDERWRITERS. § 2914. UNDER the federal act of 1804, on an indictment for destroying a vessel with intent to prejudice the underwriters, it is sufficient to show the existence of an association actually carrying on the business of insurance, by whose known officers de facto the policy was executed, and to prejudice whom the vessel insured was destroyed, without proving the existence of a legal corporation authorized to insure, or a compliance on the part of such corporation with the terms of its charter, or the validity of the policy of insurance. a § 2915. The act applies to our internal as well as to our foreign commerce. b Under the act of 1823, any combination of two or more persons to destroy the vessel or cargo, consummates the offence under the law, though in point of fact neither the vessel nor the cargo was at the time insured. c The burning of the vessel is not punishable under the act of congress, but it operates as evidence against the defendants. d § 2916. The testimony to show the unlawful combination does not end at the destruction of the boat. After as well as before that event, the acts of the confederates may be examined to show their guilt. e § 2917. The act of 1844 not making it an offence in the owner to destroy his vessel to the prejudice of the underwriters on the cargo, no evidence can be given to establish charges against the defendant for such destruction to the prejudice of the underwriters on the cargo, even if the indictment contain such a charge. Evi a U. S. v. Amedy, 11 Wheat. 392; 6 Cond. Rep. 362. See ante, § 1458, 1488, 1677. See, however, U. S. v. Johns, 1 Wash. C. C. 363; S. C. 4 Dal. 412. b U. S. v. Cole, 5 McLean C. C. R. 513. c Ibid. See ante, § 2698. e Ibid. 513. See U. S. v. Lockman, dence of the value of the property insured may be given, to show inducements to destroy or preserve it. ƒ § 2918. The legal meaning of the term "destroy," by the act of congress, is to unfit the vessel for service, beyond the hope of recovery by ordinary means. This, as to the extent of the injury, is synonymous with "cast away." Both mean such an act as causes the vessel to perish and to be lost, or to be irrecoverable by ordinary means. g § 2919. Under the English statute, where the intent is to prejudice the underwriters, the policy must be proved, h and the sailing of the vessel. i Under our own statutes, the intent is material, and must be averred.j § 2920. The intent may be stated in different ways. k JU. S. v. Johns, 1 Wash. C. C. R. 363. 9 Ibid. h R. v. Gilson, R. & R. 138. i Archbold's C. P. 304. As to form of indictment, see Wh. Prec. 575; U. S. v. Vanzanst, 3 Wash. C. C. 146. VOL. II. — 59 j U. S. v. Hand, 6 McLean, 274. k R. v. Smith, 4 C. & P. 569; R. v. Bowyer, Ibid. 559. See also, generally, R. v. Newill, 1 Mood. C. C. 458; R. v. Phillip, Ibid. 263. Ante, § 392. 929 |