4. Dwelling-houses with Persons 66 66 therein. occupied by none but prisoners is not a dwelling-house for this purpose. Reg. v. Connor, 2 Cox, C. C. 65Parke. 66 66 5. What Houses or Buildings. By 24 & 45 Vict. c. 97, s. 2, "whosoever shall unlawfully and maliciously set fire to any dwell"ing-house, any person being there"in, shall be guilty of felony, and, "being convicted thereof, shall be By 24 & 25 Vict. c. 97, s. 3, liable, at the discretion of the "whosoever shall unlawfully and court, to be kept in penal servi-"maliciously set fire to any house, "tude for life, or for any term not 'stable, coachhouse, outhouse, "less than five years (27 & 28 Vict." warehouse, office, shop, mill, maltc. 47); or to be imprisoned for "house, hop-oast, barn, storehouse, any term not exceeding two years, granary, hovel, shed, or fold, or "with or without hard labour, and " to any farm building, or to any "with or without solitary confine-"building or erection used in farm"ment, and, if a male under six- ing land, or in carrying on any "teen, with or without whipping.""trade or manufacture, or any (Previous enactment, 7 Will. 4 & 1 "branch thereof, whether the same Vict. c. 89, s. 3, and was a capital "shall then be in the possession of offence by s. 2.) "the offender or in the possession of A. was indicted on this statute any other person, with intent for the capital offence of setting thereby to injure or defraud any fire to B.'s dwelling-house, B. being" person, shall be guilty of felony, therein. A. had set fire to an out- and, being convicted thereof, shall house, under the same roof as the" be liable, at the discretion of the dwelling-house, and the fire com- court, to be kept in penal servimunicated to the dwelling-house "tude for life, or for any term not and burnt it. At the time that A. " less than five years (27 & 28 Vict. set fire to the outhouse, B. was in "c. 47); or to be imprisoned for the dwelling-house, but had left it" any term not exceeding two years, before the fire reached the dwelling- "with or without hard labour, and house :-Held, that the capital "with or without solitary confinecharge could not be sustained, as ment, and, if a male under the age B. was not in the house at the time" of sixteen years, with or without it was on fire. Reg. v. Fletcher, 2" whipping." "whipping." (Former provisions, C. & K. 215-Patteson. 7 Will. 4 & 1 Vict. c. 89, s. 3, and 7 & 8 Vict. c. 62, s. 1.) 66 66 On an indictment on 7 Will. 4 & 1 Vict. c. 89, s. 2, for the capital of- A common gaol was kept in refence of setting fire to a dwelling-pair by rates levied upon the inhabithouse, some person being therein (the indictment not charging any intent to injure or defraud any person), the prisoner could be convicted of the transportable offence of setting fire to the house, under sect. 3; as an allegation of an intent to injure or defraud some person was essential to an indictment under that section. Reg. v. Paice, 1 C. & K. 73; S. P. Reg. v. Fletcher, 2 C. & K. 215. The house set fire to must be a dwelling-house, and a common gaol ants of the liberty in and for which the gaol was. The keeper of the gaol was appointed by the justices of the liberty. He did not reside at the gaol, but kept the keys and had the charge of it. He was also an inhabitant, and liable to be rated to the repair of the gaol :-Held, that in an indictment under 7 & 8 Vict. c. 62, s. 1, for setting fire to the gaol, it should be laid to be in the possession of the keeper of the gaol, but the intent of the prisoner should have been laid to be to injure the inhabitants of the liberty. Reg. v. Connor, 2 Cox, C. C. 65-Parke. A. was indicted for setting fire to an out-house. The building set on fire was a thatched pigsty, situate in a yard in the possession of the prosecutor, into which yard the back door of his house opened, and which yard was bounded by fences and by other buildings of the prosecutor, and by a cottage and barn, which were let by him to a tenant, but which did not open into this yard: -Held, that this pigsty was an outhouse within 7 Will. 4 & 1 Vict. c. 89, s. 3. Reg. v. Jones or Janes, 1 C. & K. 303: 2 M. C. C. 308. A building erected not for habitation, but for workmen to take their meals, and dry their clothes in, which has four walls, a roof, a door, but no window, but in which a person slept with the knowledge, but without the permission, of the owner, was not a house, the setting fire to which was felony, within 7 Will. 4 & 1 Vict. c. 89, s. 3. Reg. v. England, 1 C. & K. 533-Tindal. A. was indicted for having set fire to a building twenty-four feet square, the sides of which were composed of wood, with glass windows; it was roofed, and was used by a gentleman, who built houses on his own property, for the purpose of disposing of them, as a storehouse for seasoned timber, as a place of deposit for tools, and as a place where timber was prepared for use :-Held, that this was a shed, and also an erection used in carrying on trade. Reg. v. Amos, T. & M. 423; 2 Den. C. C. 65; 15 Jur. 90; 20 L. J., M. C. 103; 5 Cox, C. C. 222. and other counts laid the arson as of a stable, an outhouse, and a stack of haulm. It was proved that some haulm had been carted from a field and stacked in a building originally intended for a stable, but afterward divided into three parts by a wall, which reached only to the eaves. One part was used as a stable, and the part fired contained the haulm and a lot of tiles of the prosecutor, who was a builder. The fire had been kindled on the haulm :- Held, first, that the building was improperly described as an outhouse, a shed, or a stable. Reg. v. Munson, 2 Cox, C. C. 186-Coleridge. Held, secondly, that the count charging an attempt to set fire to a stack of haulm was sufficient, inasmuch as it is not necessary to the character of a stack that it should be erected out of doors. Ib. Held, thirdly, that it was a building used by the prosecutor in carrying on his trade. Ib. A building which never had been inhabited, but which was constructed as and intended for a dwellinghouse, but which contained straw, boards and implements of husbandry, was not a house, an outhouse, or a barn within 9 Geo. 4, c. 22, S. 7. Elsmore v. St. Briavels, 2 M. & R. 514; 8 B. & C. 461. A building separated from the house by a passage, used as a schoolroom, but within the curtilage, was an outhouse within 9 Geo. 1, c. 22, s. 1, although not of the ordinary description of outhouses. Rex v. Winter, R. & R. C. C. 295. A common gaol was a house within 9 Geo. 1, c. 22. Rex v. Donnevan, 2 W. Bl. 682; 1 Leach, C. C. 69; 2 East, P. C. 1021. But see now Reg. v. Connor, 2 Cox. C. C. 65-Parke. Burning a stable is not supported by proof of burning a shed, which has been built for and used as a stable originally, but has latterly been used as a lumber shed only. Reg. A building had been built for an v. Colley, 2 M. & Rob. 475-Cress-oven to bake bricks, but afterwards well. was roofed, and 'a door put into it. In this place the prosecutor kept a cow; adjoining to it, but not under the same roof, was a lean-to, in A first count charged the firing of a certain building used by O. for carrying on his trade as a builder; which another person kept a horse. "the court, to be kept in penal Neither the prosecutor nor the per- "servitude for life, or for any term son of whom he rented this build-"not less thar five years (27 & 28 ing, had any house or farm-yard "Vict. c. 47); or to be imprisoned near it, nor did any wall connect it "for any term not exceeding two with any dwelling-house; the near-" years, with or without hard labour, est dwelling being one hundred "and, if a male under sixteen, with yards off, and not belonging to eith-"or without whipping." (Former er the prosecutor or his landlord: provision, 14 & 15 Vict. c. 19, s. 8.) Held, that the building was neither a stable or an out-house, and that, if a person set it on fire (the lean-to not being burnt), he was not indictable for arson. Rex v. Haughton, 5 C. & P. 555-Taunton. 7. Public Buildings. By s. 5, "whosoever shall unlaw"fully and maliciously set fire to any building, other than such as 66 are in this act before mentioned, "belonging to the Queen, or to any "county, riding, division, city, bor"ough, poor-law union, parish, or place, or belonging to any university, or college, or hall of any university, or to any inn of court, "or devoted or dedicated to public 66 " An open building in a field at a distance from and out of sight of the owner's house, though boarded round and covered in, was not an out-house within 7 & 8 Geo. 4, c. 30, s. 2. Rex v. Ellison, 1 M. C. C. 336. Setting fire to paper only in a drying loft belonging to a paper-«. mill, no part of which was burnt," maintained by public subscription use or ornament, or erected or was not setting fire to an out-house or contribution, shall be guilty of within 9 Geo. 1, c. 22. Rex v. Tay-"felony, and, being convicted therelor, 1 Leach, C. C. 49; 2 East, P. C. "of, shall be liable, at the discretion "of the court, to be kept in penal 1820. An open shed in a farm-yard, "servitude for life, or for any term composed of upright posts support-"not less than five years (27 & 28 ing pieces of wood laid across them, "Vict. c. 47); or to be imprisoned and covered with straw as a roof, "for any term not exceeding two years, with or without hard labour, 4, c. 30, s. 2. Rex v. Stallion, 1 M." and, if a male under sixteen, with "or without whipping." was an out-house within 7 & 8 Geo... C. C. 398. 8. Other Buildings. A cart hovel, consisting of a stubble roof, supported by uprights, in a field at a distance from other buildings, was not an out-house By 24 & 25 Vict. c. 97, s. 6, within 7 & 8 Geo. 4, c. 30, s. 2. "whosoever shall unlawfully and Rex v. Parrott, 6 C. & P. 402-"maliciously set fire to any buildVaughan. 'ing other than such as are in this "act before mentioned, shall be 6. Railway Stations and Buildings. "guilty of felony, and, being conBy 24 & 25 Vict. c. 97, s. 4, "victed thereof, shall be liable, at "whosoever shall unlawfully and "the discretion of the court, to be "maliciously set fire to any station, "kept in penal servitude for any "engine-house, warehouse, or other "term not exceeding fourteen years, "building belonging or appertain- "and not less than five years (27 & "ing to any railway, port, dock, or "28 Vict. c. 47); or to be impris "harbor, or to any canal or other "oned for any term not exceeding "navigation, shall be guilty of fel-"two years, with or without hard ony, and, being convicted thereof, "labour, and, if a male under six"shall be liable, at the discretion of "teen, with or without whipping." "teen, with or without whipping." (Former provision, 7 & 8 Vict. c. 25, s. 7.) Wilfully throwing a light into a postoffice letter-box in a house with the intention of burning the letters, but not the house, is not a felony within 24 & 25 Vict. c. 97, ss. 7, 8. Reg. v. Batstone, 10 Cox, C. C. 20 66 Substances. 9. Property in Buildings. By s. 7, "whosoever shall unlaw"fully and maliciously set fire to "any matter or thing, being in, "against, or under any building, "under such circumstances that if "the building were thereby set fire "to, the offence would amount to "felony, shall be guilty of felony, "and, being convicted thereof, shall-Williams. "be liable, at the discretion of the "court, to be kept in penal servi- 10. By Gunpowder and Explosive "tude for any term not exceeding "fourteen and not less than five By 24 & 25 Vict. c. 97, s. 9, years (27 & 28 Vict. c. 47); or to "whosoever shall unlawfully and "be imprisoned for any term not "maliciously, by the explosion of "exceeding two years, with or with- "gunpowder or other explosive sub"out hard labour, and, if a male un- stance, destroy, throw down, or "der sixteen, with or without whip-"damage the whole or any part of "ping. (Former provisions, 7 & 8 "any dwelling-house, any person Vict. c. 62, s. 2, and 14 & 15 Vict. "being therein, or of any building c. 19, s. 8.) "whereby the life of any person A person who maliciously set fire "shall be endangered, shall be to his own goods in his own house "guilty of felony, and, being conwith intent, by burning the goods, "victed thereof, shall be liable, at to defraud an insurance company, "the discretion of the court, to be but did not set fire to the house, "kept in penal servitude for life, or might be convicted of felony under "for any term not less than five an indictment framed upon 14 & 15“. years (27 & 28 Vict. c. 47); or to Vict. c. 19, s. 8, and 7 Will. 4 & 1 "be imprisoned for any term not Vict. c. 89, s. 3. Reg. v. Lyons, exceeding two years, with or withBell, C. C. 38; 5 Jur., N. S. 23; "out hard labour, and with or with28 L. J., M. C. 33; 7 W. R. 58; "out solitary confinement, and, if a 32 L. T. 150; 8 Cox, C. C. 84. "male under sixteen, with or withBy s. 8, "whosoever shall unlaw-"out whipping." (Previous provis"fully and maliciously, by any overt sion, 9 & 10 Vict. c. 25, ss. 1, 2.) 66 This enactment was intended to apply to malicious injuries to houses by throwing explosive substances against or into them, with intent to destroy them or injure the inmates, and not to cases of wanton mischief or assault. Reg. v. Brown, 3 F. & F. 821-Martin. act, attempt to set fire to any "building, or any matter or thing "in the last preceding section men❝tioned, under such circumstances "that if the same were thereby set "fire to, the offender would be "guilty of felony, shall be guilty "of felony, and being convicted "thereof shall be liable, at the dis- By s. 10, "whosoever shall un"cretion of the court, to be kept in "lawfully and maliciously place "penal servitude for any term not "or throw in, into, upon, under, "exceeding fourteen and not less "against, or near any building, any "than five years (27 & 28 Vict. c. "gunpowder or other explosive sub"47); or to be imprisoned for any "stance, with intent to destroy or "term not exceeding two years, "damage any building, or any en"with or without hard labour, and "gine, machinery, working tools, "with or without solitary confine-"fixtures, goods, or chattels, shall, “ment, and, if a male under six- "whether or not any explosion take "place, and whether or not any provision, 7 & 8 Geo. 4, c. 30, s. 17.) "damage be caused, be guilty of By s. 17, "whosoever shall un"felony, and, being convicted there- "lawfully and maliciously set fire "of, shall be liable, at the discretion" to any stack of corn, grain, pulse, "of the court, to be kept in penal" tares, hay, straw, haulm, stubble, "servitude for any term not exceed- or of any cultivated vegetable "ing fourteen and not less than five " produce, or of furze, gorse, heath, "years (27 & 28 Vict. c. 47); or to fern, turf, peat, coals, charcoal, "be imprisoned for any term not wood, or bark, or to any steer of "exceeding two 'years, with or with-wood or bark, shall be guilty of 'out hard labour, and with or with- " "felony, and, being convicted there"out solitary confinement, and, if a" of, shall be liable, at the discre"male under sixteen, with or with-"tion of the court, to be kept in "out whipping." (Previous provis- "penal servitude for life, or for any ion, 9 & 10 Vict. c. 25, s. 6.) term not less than five years (27 66 66 In order to support an indictment " & 28 Vict. c. 47); or to be imunder 24 & 25 Vict. c. 97, s. 10, prisoned for any term not exceedfor throwing gunpowder against a "ing two years, with or without house with intent to damage, it is "hard labour, and with or without not enough to show simply that "solitary confinement, and, if a gunpowder or other explosive sub-"male under sixteen, with or withstance was thrown against the house; but it must also be shown that the substance was in a condition to explode at the time it was thrown, although no actual explosion should result. Reg. v. Sheppard, 19 L. T., N. S. 19; 11 Cox, C. C. 302— Kelly. 66 "out whipping." (Previous enactment, 7 Will. 4 & 1 Vict. c. 89, s. 10.) By s. 18, "whosoever shall un"lawfully and maliciously, by any "overt act, attempt to set fire to 66 66 any such matter or thing as in "either of the last two preceding "sections mentioned, under such 11. Crops, Stacks, or Woods. "circumstances that if the same By 24 & 25 Vict. c. 97, s. 16, "were thereby set fire to, the of "whosoever shall unlawfully and "fender would be, under either of "maliciously set fire to any crop of "such sections, guilty of felony, "hay, grass, corn, grain, or pulse, "shall be guilty of felony, and, beor of any cultivated vegetable "ing convicted thereof, shall be lia"produce, whether standing or cut "ble, at the discretion of the court, down, or to any part of any wood, to be kept in penal servitude for "coppice, or plantation of trees, or any term not exceeding seven and "to any heath, gorse, furze, or fern, "not less than five years (27 & 28 wheresoever the same may be "Vict. c. 47); or to be imprisoned "growing, shall be guilty of fel-" for any term not exceeding two ony, and, being convicted thereof, years, with or without hard labour, "shall be liable, at the discretion of "and with or without solitary con"the court, to be kept in penal serv-"finement, and, if a male under "itude for any term not exceeding sixteen, with or without whip"fourteen years and not less than "ping." (Former statute, 9 & 10 "five years (27 & 28 Vict. c. 47); Vict. c. 25, s. 7.) "or to be imprisoned for any term "not exceeding two years, with or "without hard labour, and with or "without solitary confinement, and, "if a male under sixteen, with or "without whipping." (Previous 66 66 Setting fire to a parcel of unthreshed wheat was not a felony within 9 Geo. 1, c. 22. Rex v. Judd, 2 T. R. 255; 1 Leach, C. C. 484; 2 East, P. C. 1018. Sedge and rushes were not straw |