As before stated,1 the manner in which, and the means by which, the killing is perpetrated, need not be set out. 2. Manslaughter.

Same form as above, omitting the words "of his malice aforethought" and the word "murder."2

3. Rape.

in and upon one E. F., a female of the age of ten years and more, to wit, of the age of twenty years, violently and feloniously.did make an assault, and her, the said E. F., then and there violently and feloniously did ravish and carnally know by force and against her will.

4. Abusing a female child under ten years of age.

in and upon one E. F., a female child under the age of ten years, to wit, of the age of nine years, feloniously did make an assault, and her the said E. F. then and there feloniously did unlawfully and carnally know and abuse.

5. For obstructing a railroad track.

willfully and maliciously in and upon the track of a certain railroad, then and there being in operation and known as and called the railroad, a certain obstruction consisting of a plank of wood of great length, breadth, and thickness, to wit, eight feet long, one foot wide, and three inches thick, then and there did put and place. with intent that any and all persons and property passing on said railroad should be thereby injured; by means of which said obstruction then and there so put and placed, in and upon the said railroad by the said J. C. as aforesaid, and by means of the force and velocity of a certain locomotive engine, called the, then and there passing along and upon the track of said railroad and running against and upon the said obstruction so put and placed by the said J. C. as aforesaid, one M. N. then and there being and passing along on said railroad upon the locomotive aforesaid, he, the said J. C., with great force and violence willfully and maliciously, did precipitate, cast, and throw from the said locomotive so passing as aforesaid to and upon the rails, ties, and other substances composing the track of said railroad, thereby giving to the said M. N. one mortal concussion and jar, of which said mortal concussion and jar the said M. N. then and there instantly died; and so the said J. B., on his oath aforesaid, complains that the said J. C. him the said M. N. by the manner and means aforesaid, willfully and maliciously did kill and slay.

6. Against engineer of steamboat for neglect, by reason of which the boiler was burst.

was employed as an engineer in and on board a certain steamboat called the Cricket, then and there floating on the waters of a certain river called the Penobscot, and then and there used for the conveyance of passengers, in and on board which said

Ante. p. 370.-23 Greenl. Ev., § 120

steamboat there then were divers, to wit, one hundred persons, as the said J. C. then and there well knew; and that the said J. C., as such engineer as aforesaid, then and there had and took upon himself the care, charge, management, and control of a certain steam-engine and boiler, being then and there in and attached to the said steamboat, for the purpose of propelling the same, and in which said boiler there were then and there divers large quantities of boiling water, whereby to generate steam, whereby to work the said steam-engine as the said J. C. then and there well knew; and that it then and there became and was the duty of the said J. C., as such engineer as aforesaid, to regulate the quantity and amount of steam to be generated and retained within the said boiler, during the time the said boiler was used and employed for the purpose aforesaid, according to the strength and within the capacity of the said boiler. And said J. B. aforesaid, upon his oath aforesaid, says that the said J. C., on the day aforesaid, in the year aforesaid, at - aforesaid, in the county aforesaid, so having the care, charge, management, and control of the said boiler as aforesaid, did willfully and feloniously neglect and omit to regulate the quantity and amount of steam then and there being generated and retained in the said boiler, according to the strength and within the capacity of the said boiler, and did then and there willfully, negligently, and feloniously permit and suffer a much larger amount of steam, to wit, ten thousand cubic feet of steam, to be generated and retained within the said boiler, than the said boiler was strong enough to contain and bear, and capable of containing and bearing, and that the said J. C. did then and there by his said negligence in so permitting and suffering the said generation and retention of steam within the said boiler more than the said boiler was strong enough to contain and bear, and capable of containing and bearing as aforesaid, unlawfully and feloniously cause the said boiler to break and burst, and did then and there by means of the said breaking and bursting of the said boiler, with force and arms unlawfully and feloniously make an assault upon one Thomas Shed, the younger, on board the said steamboat then and there lawfully being, and the said Thomas Shed down upon and against the planks, iron, and timbers of the said steamboat, called the Cricket, then and there unlawfully and feloniously did cast and throw, thereby then and there giving to the said Thomas Shed one mortal fracture of his skull, of which said mortal fracture of his skull the said Thomas Shed then and there died. And so the said J. B., upon his oath as aforesaid, complains that said J. C. him, the said Thomas Shed, in manner aforesaid unlawfully and feloniously did kill and slay.

7. Robbery.

with force and arms upon him, the said J. B., feloniously did make an assault, and him, the said J. B., in bodily fear and danger of his life then and there feloniously did put, and one gold watch, of the value of one hundred dollars, of the goods and chattels of him, the said J. B., from the person and against the will of him, the said J. B., then and there feloniously, and by violence and putting in fear, did steal, rob, take, and carry away.

8. Assault, with intent to kill.

upon the said J. B., with a drawn sword, which he, the said J. C., in his right hand then and there held, did make an assault, with an intention him, the said J. B., then and there, with the drawn sword aforesaid, feloniously, willfully, and of his malice aforethought, to kill and murder.

9. Assault, with intent to maim.

upon the said J. B., with a certain knife, which he, the said J. C., in his right hand then and there had and held, did make an assault, with an intention him the said J. B., with set purpose and malice aforethought, unlawfully to maim and disfigure, by unlawfully cutting off the left ear of him, the said J. B.

10. Assault, with intent to ravish.

upon her, the said J. B., did make an assault, with intent her, the said J. B., then and there feloniously to ravish and carnally know, and to commit carnal copulation with her by force and against her will.

11. Assault, with intent to rob.

upon the said J. B., did make an assault, wtih intent the moneys, goods, and chattels of him, the said J. B., from the person and against the will of him, the said J. B., feloniously and by violence, and by putting him in bodily fear and danger of his life, to steal, rob, take, and carry away.

12. Assault and battery.

did make an assault upon the said J. C., and him, the said J. C., did then and there beat, bruise (or wound), and ill-treat [here are to be inserted any circumstances of aggravation]; and other wrongs

to the said J. C. then and there did.

13. Assault and beating out an eye.

in and upon one J. C., violently did make an assault, and her, the said J. C., did then and there beat, wound, and ill-treat, and that she, the said A. B., with her right hand, the said J. C., in and upon the left eye of her, the said J. C., then and there unlawfully, violently, and maliciously did strike, by means whereof the said J. C. then and there, the use, sight, and benefit of her said left eye entirely lost and was deprived of.

14. Assault and encouraging dog to bite.

in and upon one J. C., an assault did make, and him, the said J. C., did then and there beat, wound, and abuse, and that the said A. B. did then and there unlawfully incite, provoke, and encourage a certain dog, belonging to him, the said A. B., him, the said J. C., then and there to beset and bite; by means whereof the same dog did then and there grievously bite the right leg of him, the said J. C., whereby the said leg of him, the said J. C., was grievously hurt and wounded, and his life greatly endangered, and other wrongs to the said J. C. then and there did, to the great damage of the said J. C.

15. Assault with intent to commit a felony generally. in and upon him, the said J. B., in the peace of said State then and there being, an assault did make, and him, the said J. B., then and there did beat, wound, and ill-treat, with intent [here state the felony intended thus]: him, the said J. B., then and there feloniously, willfully, and with malice aforethought, to kill and murder, and other wrongs to the said J. B. then and there did, to the great damage of the said J. B.

16. Simple assault.

in and upon one J. B., in the peace of said State, then and there being, an assault did make, and other wrongs to the said J. B., the said J. C. then and there did, to the great injury of him, the said J. B.

17. Assault upon a woman quick with child.

in and upon her, the said A. F., in the peace of the said State then and there being, and also being then and there pregnant with a quick child, did make an assault, and her, the said A. F., did then and there beat, wound, and abuse, so that her life thereby was greatly endangered; by reason whereof she, the said A. F., afterwards, to wit, on the, &c., in the same month of - at, &c., did bring forth the said child, dead, and other wrongs to the said A. F. then and there did, to the great injury of her, the said A. F.

18. Abduction, with intent to defile.

in and upon one J. T., in the peace of said State then and there being, feloniously did make an assault, and her, the said J. T., then and there feloniously did take against her will, with the intent to compel her by force, menace, and duress to be defiled, and other wrongs to the said J. T. then and there did, to the great damage of the said J. T.

19. Abduction of white person, and carrying out of State. one M. N., a white person, then and there being, did unlawfully, fraudulently, and wickedly, and without any lawful warrant or authority whatever, then and there seize, take, steal, and kidnap, and him, the said M. N., then and there did forcibly, fraudulently, and against his will, and without his consent, carry off out of this State.

20. Kidnapping a slave.

unlawfully, fraudulently, and wickedly, without any lawful warrant or authority whatever, did seize, take, steal, and kidnap one S. O. F., of said W., the minor child and son of J. F. F., of said W., a free citizen of color, of said State, with intent the said S. O. F. to send and transport, and to cause and procure the said S. O. F. to be sent and transported from and out of the said State, without the consent of said S. O. F., and against his will, and against the will and without the consent of said J. F. F., the said father of said S. O. F., to sell and transfer the said S. O. F. as a slave.

CHAPTER XXXI.

OFFENSES AGAINST HABITATIONS AND OTHER BUILDINGS.

1. Whoever willfully and maliciously sets fire to the dwelling-house of another, or to any building adjoining thereto, or to any building owned by himself or another, with the intent to burn such dwelling-house, and it is thereby burnt, in the night time, shall be punished with death. If he proves, and the jury find, that there was no person lawfully in such dwelling-house at the time, or if the offense was committed in the day-time, he shall be punished by imprisonment for life.1

(a) When arson is committed by setting fire directly to the dwelling-house of another, the indictment need not expressly allege the intent; aliter, when the crime is committed by setting fire to any building adjoining the dwelling-house, or to any building owned by the accused or another.2

2. Whoever willfully and maliciously sets fire to a dwelling-house owned wholly or partly by himself, or to any other building owned by himself or another, with intent to burn such dwelling-house, another person being lawfully therein, and it is thereby burnt, shall be punished by imprisonment for life.

3. Whoever willfully and maliciously sets fire to any meeting-house, court-house, jail, town-house, college, academy, or other building erected for public use, or to any store, shop, office, barn, or stable of another, within the curtilage of a dwelling-house, so that it is thereby endangered, and such public or other building is thereby burnt in the night time, shall be punished by imprisonment for life, or any term of years; but if such offense was committed in the day-time, or without the curtilage of, and without endangering a dwelling-house, by imprisonment not less than one, nor more than ten years.*

(b) An indictment for burning a meeting-house need not allege in whom was the property of the house; nor its value; nor

R. S. c. 119, § 1.-2 State v. Hill, 55 Me. 365. R. S. c. 119, § 2.-4 R. S. c. 119, § 3.