ARSON (A). OFFENCE. Setting fire to "any House, stable, coach-house, outhouse, warehouse, office, shop, mill, malthouse, hop-oast, barn, or granary, or to any building or erection used to carry on any trade or manufacture, or any branch thereof." (F.) 7 Wm. IV. and 1 Vic. c. 89, ss. 3, 12. Not triable at Quarter Sessions. 5 & 6 Vic. c. 38, s. 1. Any person wilfully setting fire to any railway station, etc., guilty of felony, and to suffer the same punishment as above; and wilfully and maliciously setting fire to goods or chattels within any building, the setting fire to which is felony, is felony, and punished by penal servitude for PUNISHMENT. Transportation for LIFE, or not less than FOURTEEN years, or penal servitude for LIFE, or penal servitude for not less than FOUR years and not exceeding TEN years, or imprisonment not exceeding THREE years, with or without hard labour, and with or without solitary confinement; the latter not exceeding ONE month at any one time, nor THREE months in any one year. 16 & 17 Vic. c. 99, ss. 1 & 4; and 9 & 10 Vic. c. 24, 8. 1. And if a male under eighteen, he may be publicly or privately whipped, not exceeding three times. 9 & 10 Vie. c. 25, s. 9. Whipping in like manner in convictions, under 7 & 8 Vie. c. 62, ss. 1 & 3. not less than FOUR or more than SIX years. 14 & 15 Vic. c. 19, s. 8. As to farm buildings, vid. 7 & 8 Vic. c. 62, s. 1, which includes "any hovel, shed, or fold, or any farm building, or any building or erection used in farming land." Not triable at Quarter Sessions, 5 & 6 Vic. c. 38, s. 1.; and by s. 2, setting fire to "hay, straw, wood, or other vegetable produce being in a farm-house or farm building, or any implement of husbandry being in any farm-house or farm building, with intent to set fire to such farm-house or building, and with intent to injure or defraud any person," The burning (A) Arson is an offence at common law, defined by Lord Coke (1) to be the malicious burning of the house of another by night or by day (2). of a man's own house is no felony at common law; but if he does it maliciously, intending to burn that of his neighbour, it is felony; if not with this intent, it is a great misdemeanour (3); where it was proved that the floor near the hearth (1) 3 Inst. 66. (2) 1 Hale, 566. (3) 1 Hale, 568; 2 East, P.C. 1027. EVIDENCE. Prove the parish-an actual burning the circumstances from which it may be presumed wilful and malicious-the kind of property set fire to, as stated in the indictment-the intent must be proved as laid.-Rosc. Cr. Ev. 2 ed. 247; Arch. 12 ed. 401. Prec. of Indict. Arch. Id.; Matt. C. L. App. 61. OBSERVATIONS. As to setting on fire by the prisoner's own hand, see Lord C. J. Tindal's charge at Bristol (a). To constitute a setting on fire, a flame need not be seen (b). But there must be an actual burning of some part (c). However trifling is sufficient (d). Whether the word "house" would include all such buildings as burglary may be committed in, seems doubtful (e). As to the meaning of the word "outhouse," see cases in note (ƒ). The possession must be described as that of the person in the actual occupation (g). As to the proof of the intent of the prisoner, see Lord C. J. Tindal's observation to the Grand Jury at Bristol (h). A wife cannot be indicted for setting fire to her husband's house with intent to injure him (2). If the intent is laid to defraud insurers, a stamped policy must be produced, or the want of it accounted for (k). (a) 5 C. & P. 266. (b) Salmon's case, R. & R. 26; Stallion's case, 1 Mood. C. C. 398. (c) R. v. Taylor, 1 Leach, 49. (d) 3 Inst. 66; 1 Hale, 596; Parker's case, 9 C. & P. 45. (e) Greenwood's Statutes, 232 (n); Elsmore v. Inhab. of Hund. of St. Briavell's, 8 B. & C. 461. (f) North's case, 2 East, P.C.1022; Winter's case, R. & Ry. C. C. 295; 2 Russ. 493; Ellison's case, 1 Moody, C. C. 336; Hilles v. Inhab. of Shrewsbury, 3 East, 457; Woodward's case, 1 Moody, C. C. 325; R. v. Donevan, 2 W. Black, 682; Haughton's case, 5 P. & C. 555; Stallion's case, 1 Mood. C. C. 398; Parrott's case, 6 C. & P. 402. (g) R. v. Glandfield, 3 East, P. C. 1034; R. v. Ricknan, 2 East, P. C. 1034; R. v. Ball, 1 Mood, C. C. 30; R. v. Wallis, 1 Mood, C. C. 344. (h) 5 C. & P. 266 (n); Farrington's case, R. & R. 207; Philip's case, 1 Mood. C. C. 273. (i) R. v. March, 1 Mood. C. C. 182. (k) R. v. Gilson, 2 Leach, 1007; 1 Taunt. 95; R. & R. 138, S. C.. was scorched-it was charred in a trifling way-it had been in a red heat, but not in a blaze: it was held that this would be a sufficient burning to support an indictment for arson. Parker's case, 9 C. & P. 45. But the present statute applies whether the house, etc., be in the possession of the offender or in that any other person, 7 Wm. IV. and 1 Vic. 3. 89, s. 3. As to an indictment at common law and the necessary proof, see Rosc. Cr. Ev. 2 ed. 244. of OFFENCE. ARSON-continued. Setting fire to any CHURCH or CHAPEL, or to any chapel for the religious worship of persons dissenting from the United Church of England and Ireland. (F.) 7 Wm. IV. and 1 Vic. c. 89, ss. 3, 12. Not triable at Quarter Sessions. 5 & 6 Vic. c. 38, s. 1. Setting fire to any dwellinghouse, any PERSON BEING THEREIN. (F.) 7 Wm. IV. and 1 Vic. c. 89, ss. 9, 12. Not triable at Quarter Sessions. 5 & 6 Vic. c. 38, s. 1. PUNISHMENT. Transportation for LIFE or not less than FOURTEEN years, or penal servitude for LIFE, or for not less than FOUR years and not exceeding TEN years, or imprisonment not exceeding THREE years, with or without hard labour, and with or without solitary confinement; the latter not exceeding ONE month at any one time, nor THREE months in any one year. 16 & 17 Vic. c. 99, ss. 1 & 4. 9 & 10 Vic. c. 24, s. 1. And if a male, under eighteen, publicly or privately whipped, not exceeding three times. 9 & 10 Vic. c. 25, s. 9. Death. This sentence may be recorded, 4 Geo. IV. c. 48, s. 1, ante, p. 3. Setting fire to any MINE of coal, or cannel coal. (F.) 7 Wm. IV. and 1 Vic. c. 89, ss. 9, 12. Not triable at Quarter Sessions. 5 & 6 Vic. c. 38, s. 1. Setting fire to, or anywise destroying any SHIP or vessel, or with intent to prejudice any owner or part owner of, or of goods, or of any underwriter of either. (F.) 7 Wm. IV.and 1 Vic. c. 89, s. 6. Transportation for LIFE or not less than FOURTEEN years, or penal servitude for LIFE, or not less than FOUR or exceeding TEN years,or imprisonment not exceeding THREE years, with or without hard labour, and with or without solitary confinement; the latter not exceeding ONE month at any one time, nor THREE months in any one year. 16 & 17 Vic. c. 99, ss. 1 & 4; 9 & 10 Vic. c. 24, s. 1, with whipping as supra. Same as supra. EVIDENCE. Prove the situation of the church or chapel to be the same as stated, and the possession as laid. (See ante, p. 23).-Rosc. Cr. Ev. 2 ed. 249; Arch. 12 ed. 405; Matt. C. L. App. 60. Prec. of Indict. Arch. Id.; Matt. C. L. App. pp. 58, 59. (a) At p. 315 of Arch. Cr. L. 8 ed. it is stated to be necessary to prove the registration of a Dissenter's chapel, "by the production of the book of registration, or perhaps an (See ante, p. 23). The Legislature having imposed a heavier punishment under this section, which refers only to cases where life is endangered, it is probable that the word "dwelling-house would be considered as used in the restricted sense given to it in burglary, under 7 & 8 Geo. IV. c. 29, s. 13.-Rosc. Cr. Ev. 2 ed. 247; Matt. C. L. App. 57. If indicted under s. 2, the prisoner cannot be convicted under s. 3. (a). (a) Reg. v. Paice, 1 C. & K. 73. This statute does not reach the case of a person setting fire to his own mine. Prove the setting on fire (as ante, p. 23) or other act of the prisoner by which the ship was cast away or destroyed-that it was done maliciously (see ante, p. 23)—that she was in the parish (a) See Bowyer's case, 4C. & P. 559. D This section of the statute makes it immaterial whether the ship were complete, or in an unfinished state. It is doubtful whether a pleasure-boat be within the statute (a); or a barge (b) (b) Smith's case, 4 C. & P. 569. OFFENCE. ARSON continued. Setting fire to any CHURCH or CHAPEL, or to any chapel for the religious worship of persons dissenting from the United Church of England and Ireland. (F.) 7 Wm. IV. and 1 Vic. c. 89, ss. 3, 12. Not triable at Quarter Sessions. 5 & 6 Vic. c. 38, s. 1. Setting fire to any dwellinghouse, any PERSON BEING THEREIN. (F.) 7 Wm. IV. and 1 Vic. c. 89, ss. 9, 12. Not triable at Quarter Sessions. 5 & 6 Vic. c. 38, s. 1. PUNISHMENT. Transportation for LIFE or not less than FOURTEEN years, or penal servitude for LIFE, or for not less than FOUR years and not exceeding TEN years, or imprisonment not exceeding THREE years, with or without hard labour, and with or without solitary confinement; the latter not exceeding ONE month at any one time, nor months in any one year. 16 & 17 Vic. c. 99, ss. 1 & 4. 9 & 10 Vic. c. 24, s. 1. And if a male, under eighteen, publicly or privately whipped, not exceeding three times. 9 & 10 Vic. c. 25, s. 9. Death. THREE This sentence may be recorded, 4 Geo. IV. c. 48, s. 1, ante, p. 3. Setting fire to any MINE of coal, or cannel coal. (F.) 7 Wm. IV. and 1 Vic. c. 89, ss. 9, 12. Not triable at Quarter Sessions. 5 & 6 Vic. c. 38, s. 1. Setting fire to, or anywise destroying any SHIP or vessel, or with intent to prejudice any owner or part owner of, or of goods, or of any underwriter of either. (F.) 7 Wm. IV. and 1 Vic. c. 89, s. 6. Transportation for LIFE or not less than FOURTEEN years, or penal servitude for LIFE, or not less than FOUR or exceeding TEN years, or imprisonment not exceeding THREE years, with or without hard labour, and with or without solitary confinement; the latter not exceeding ONE month at any one time, nor THREE months in any one year. 16 & 17 Vic. c. 99, ss. 1 & 4; 9 & 10 Vic. c. 24, s. 1, with whipping as supra. Same as supra. |