any tool or machinery employed in manufacturing or preparing such goods, or who by force enters any house, shop, building, or place with intent to commit any such offence; or

(d.) 2 who breaks down, cuts down, or otherwise damages or destroys any sea bank, or sea wall, or the bank, dam, or wall of or belonging to any water 3 whereby any land or building shall be, or shall be in danger of being, overflowed or damaged; or

6

(e.) who 5 destroys any work belonging to any port, harbour, dock, or reservoir, or on or belonging to any navigable river or canal; or

(f) who pulls or throws down, or in anywise destroys any bridge (whether over any stream of water or not) or any viaduct or aqueduct over or under which any highway, railway, or canal passes; or

(g.) who does any injury with intent and so as thereby to render dangerous or impassable any such bridge, viaduct, or aqueduct, or any highway, railway, or canal passing over or under the same or any part thereof; or

(h.) who with intent to obstruct, upset, overthrow, injure, or destroy any engine, tender, carriage, or truck using any railway;

puts, places, casts, or throws 10 anything whatever upon or across any railway; or

hose, or lace, being in the loom or frame, or on any machine or engine, or on the rack or tenters, or in any stage, process, or progress of manufacture .. or any warp or shute of any such article, or any framework knitted piece, stocking, hose, or lace.

1 Any "loom, frame, machine, engine, rack, tackle, tool, or implement, whether fixed or movable, prepared for or employed in carding, spinning, throwing, weaving, fulling, shearing, or otherwise manufacturing or preparing any such goods or articles."

224 & 25 Vict. c. 97, s. 30, W.

3 Water means "river, canal, drain, reservoir, pool, or marsh."

4 24 & 25 Vict. c. 97, s. 30, W.

5 Throws, breaks, or cuts down, levels, undermines, or otherwise destroys.

6 Work = 66

quay, wharf, jetty, lock, sluice, floodgate, weir, tunnel, towing path, drain, watercourse, or other work."

7 24 & 25 Vict. c. 97, s. 33, W.

8 Ibid. s. 33, W.

9 Ibid. s. 35, W. The whole section might be expressed thus: "who attempts to obstruct," &c.

10 66 Any wood, stone, or other matter or thing."

takes up, removes, or displaces any rail, sleeper, or other thing belonging to any railway; or

turns, moves, or diverts any points or other machinery belonging to any railway; or

makes, shows, hides, or removes any signal or light upon or near to any railway; or

does, or causes to be done, any other matter or thing; or (i.) 1 who casts away or in anywise destroys any ship or vessel whether complete or in an unfinished state; or

(j.) who casts away or in anywise destroys any ship or vessel with intent thereby to prejudice the owner or part owner of such ship or vessel or of any goods on board the same, or any insurer of the ship, freight, or goods; or

(k.) 3 who with intent to bring any ship, vessel, or boat into danger, masks, alters, or removes any light or signal, or exhibits any false light or signal; or

(1.) 5 does anything tending to the immediate loss or destruction of any ship, vessel, or boat for which no punishment is otherwise provided by the 24 & 25 Vict. c. 97.

ARTICLE 420.

ARSON, INJURIES TO SHIPS OR CATTLE, ETC.-FOURTEEN YEARS PENAL SERVITUDE.

Every one commits felony, and is liable upon conviction thereof to fourteen years penal servitude, who unlawfully and maliciously does any of the following things (that is to say)—

(a.) who sets fire to any building other than those men

1 24 & 25 Vict. c. 97, s. 42, W.

2 Ibid. s. 43, W. This section and s. 42 are like dividing theft into two offences-theft, and theft with intent to injure the owner of the stolen goods, each offence being punished in the same way.

3 24 & 25 Vict. c. 97, s. 47, W.

4 The word “ maliciously" is here omitted, though "unlawfully" is retained. The reason, no doubt, is that one particular form of malice, viz., an intent to bring a ship into danger, is specified.

5 24 & 25 Vict. c. 97, s. 47, W.

6 Ibid. s. 6, W.

tioned in 1 Article 419 (a.) (whether finished or unfinished);

or

2

(b.) 3 who sets fire to anything in, against, or under any building under such circumstances that if the building were thereby set fire to the offence would amount to felony; or

(c.) who sets fire to any crop of hay, grass, corn, grain, pulse, or cultivated vegetable produce, whether standing or cut down, or to any part of any wood, coppice, or plantation of trees, or to any heath, gorse, furze, or fern, wheresoever the same may be growing; or

(d.) 5 who attempts by any overt act to set fire to any building or to anything mentioned in clause (b.) of this Article, or to any mine mentioned in Article 419, clause (a.); or to set fire to, cast away, or destroy any ship or vessel under such circumstances that if such building, mine, or ship were thereby set fire to, cast away, or destroyed, the offender would be guilty of felony; or

(e.) 6 who places or throws in, into, upon, 7 under, against, or near any building, ship, or vessel any gunpowder or other

1 If it were not for the arbitrary and practically unimportant distinction between the punishment for this offence and for the offences defined in Art. 419, clause (a.), the following enactment would include them all :"Whoever sets fire to any building whatever shall be liable to penal servitude for life." This would reduce six cumbrous sections, filling a page of Chitty's Statutes, to two lines.

2 R. v. Manning, 1871, 1 C. C. R. 338. It is a question for a jury what constitutes a building.

3 24 & 25 Vict. c. 97, s. 7. In R. v. Child, 1871, 1 C. C. R. 307, it was said that the legislature probably meant to enact that, if any person sets fire to anything in a house likely to set fire to the house itself, he should be guilty of felony, but that they had failed to say so. In that case

A set fire to goods in a house to spite the owner, but with no intention to burn the house, and (as the jury were considered by the Court to have found) not thinking it probable that what he was doing would have that effect, and not being reckless on the subject. My impression is that the legislature said what it meant, but that the judge who reserved the case (Blackburn, J.) was not followed by the jury in the directions which he gave.

4 24 & 25 Vict. c. 97, s. 16, W.

5 Ibid. ss. 8, W., 27, 44, W.

6 Ibid, ss. 10, W., 45, W.

7 The word "under" does not occur in s. 45, which applies to ships and vessels and which repeats s. 10 verbatim, with the exception of the omission of that word and the substitution of "injury is effected" for "damage is caused." The omission of "under as to vessels dates from

before the invention of torpedoes.

explosive substance with intent to destroy or damage any such building, ship, or vessel, or any engine, machinery, working tools, fixtures, goods, or chattels, whether or not explosion takes place, and whether or not any damage is caused; or

(f.) 1 who destroys any part of any ship or vessel in distress, wrecked, stranded, or cast on shore, or any goods merchandise, or articles of any kind belonging to such ship or vessel; or

(g.) 2 who kills, maims, or wounds any cattle; or

(h.) 3 who cuts or otherwise destroys any hopbinds growing on poles in any plantation of hops.

ARTICLE 421.

THREATS TO BURN, ETC.-TEN YEARS PENAL SERVITUDE.

* Every one commits felony, and is liable upon conviction thereof to ten years penal servitude, who, knowing the contents thereof, sends, delivers, utters, or directly or indirectly causes to be received any letter or writing threatening to burn or destroy any house, barn, or other building, or any rick or stack of grain, hay, or straw, or other agricultural produce whether in or under any building or not, or any ship or vessel, or to kill, maim, or wound any cattle.

ARTICLE 422.

MALICIOUS MISCHIEF-SEVEN YEARS PENAL SERVITUDE.

Every one commits felony, and is liable upon conviction to

1 24 & 25 Vict. c. 97, s. 49.

2 Ibid. s. 40. An injury inflicted by the hand may be a wound: R. v. Bullock, 1868, 1 C. C. R. 115. On repealed statutes to the same effect,

see R. v. Owens, 1828, 1 Moo. 205, and R. v. Hughes, 1826, 2 C. & P. 420, in which Parke, B., said setting a dog at an animal whereby it was bitten was not a maiming or wounding.

3 24 & 25 Vict. c. 97, s. 19, W.

4 Ibid. s. 50, W.

B B

seven years penal servitude, who does any of the following acts unlawfully and maliciously (that is to say),

(a.) 1 who cuts, breaks, destroys, or damages with intent to destroy or render useless any machine or engine, whether fixed or movable, used or intended to be used for any agricultural operation, or prepared for or employed in any manufacture other than those enumerated in note 11 to Article 419 (c.), or any tool or implement, whether fixed or movable, prepared for or employed in any such manufacture;

(b.) 3 or who by any overt act attempts to set fire to any of the stacks or produce mentioned in Article 419, clause (a.), or to anything mentioned in Article 420, clause (c.), under such circumstances that if the same were set on fire the offender would be guilty of felony;

5

(c.) or who, with intent thereby to destroy or damage any mine or to hinder [obstruct] or delay the working thereof,

causes any water to be conveyed or run into any mine, or into any subterranean passage communicating therewith;

or pulls down, fills up, obstructs, or damages with intent to destroy, obstruct, or render useless any airway, waterway, drain, pit level, or shaft of or belonging to any mine; or

#7

7 pulls down or destroys, or damages with intent to destroy or render useless, any steam or other engine for sinking, draining, ventilating, or working any mine, or in anywise assisting therein, or any appliance or apparatus in connection with any such engine, or any staith, building, or

8

1 24 & 25 Vict. c. 97, s. 15, W. Some cases on the application of this section to imperfect machines are collected in Fisher's Digest, pp. 1992-1994.

2 44 'Sowing, reaping, mowing, threshing, ploughing, or draining, or for performing any other agricultural operation."

3 24 & 25 Vict. c. 97, s. 18, W.

4 Ibid. s. 28, W.

5 This word refers only to the paragraph marked with a *.

The

6 This accumulation of intents is clumsy, but not unmeaning. expression "Damage with intent to destroy any airway with intent to obstruct a mine" has a meaning slightly narrower than "damaging an airway with intent to obstruct a mine,” but not very different from it. 7 24 & 25 Vict. c. 97, s. 29, W.

8 The words "sinking-mine" are here repeated.