plete, whether or not the coin was in a fit state to be uttered, and whether or not the counterfeiting thereof was finished. The maximum punishment for the offence in clause (a.) is two years imprisonment and hard labour; for each of the offences in clauses (b.), (c.), (d.), and (e.), one year's imprisonment with hard labour. 1 The maximum punishment for the offence in clause (f.) is, for the first offence six months imprisonment with hard labour; for a second offence, after a previous conviction therefor, two years imprisonment and hard labour; and after two previous convictions the offence is felony, and the offender is liable to penal servitude for life as a maximum punishment. The punishment for the offence numbered (g.) is a fine not exceeding forty shillings, and not less than ten shillings for every such piece of money, half to go to the informer, and half to the poor of the parish where the offence is committed, and forfeiture of the counterfeit coins, which are to be destroyed. In default of payment, the offender may be imprisoned with hard labour for a maximum period of three months. The proceeding is to be before any justice of the peacc. 124 & 25 Vict. c. 99, s. 21, S. 2 CHAPTER XLVII. 1 MALICIOUS INJURIES TO PROPERTY. ARTICLE 376. BURNING SHIPS OF WAR, ETC.-FELONY-DEATH. EVERY one is guilty of felony, and must upon conviction thereof be sentenced to death, who either within this realm or in any of the islands, countries, ports, or places thereto belonging, wilfully and maliciously sets on fire, burns, or otherwise destroys; or causes to be set on fire or burnt or otherwise destroyed; or aids, procures, abets, or assists in the setting on fire or burning or otherwise destroying (a.) any of Her Majesty's ships or vessels of war, whether afloat or building or begun to be built in any of Her Majesty's dockyards, or building or repairing by contract in any private yards for the use of Her Majesty; or (b.) any of Her Majesty's arsenals, magazines, dockyards, rope-yards, victualling offices, or any of the buildings erected therein or belonging thereto; or (c.) any timber or materials there placed for building, repairing, or fitting out of ships or vessels; or (d.) any of Her Majesty's military, naval, or victualling stores or other ammunition of war; or (e.) any place or places where any such military, naval, or victualling stores or other ammunition of war is, are, or shall be kept, placed, or deposited. 13 Hist. Cr. Law, 188-190. 212 Geo. 3, c. 24. The punishment is not altered either by 7 & 8 Geo. 4, c. 28, or 1 Vict. c. 91. The Court, however, may order the judgment of death to be recorded: 4 Geo. 4, c. 48. 1 ARTICLE 377. ARSON, ETC.-PENAL SERVITUDE FOR LIFE. Every one commits felony, and is liable on conviction thereof to penal servitude for life as a maximum punishment, who unlawfully and maliciously does any of the following acts (that is to say) : (a.) 2 who 3 sets fire to any place of divine worship; 5 or to any dwelling-house, any person being therein; 7 6 or to any private building, whether in the possession of the offender or of any other person, with intent to injure or defraud any person; 8 or to any station, engine-house, warehouse, or other building belonging or appertaining to any railway, port, dock, harbour, or canal, or other navigation; 9 or to any 10 public building; 11 or to any stack of corn, grain, pulse, tares, hay, straw, haulm, stubble, any cultivated vegetable produce, furze, 124 & 25 Vict. c. 97. 2 Ibid. s. 1, S. W. 3 As to what constitutes "setting fire," it is not necessary that flame should be seen: R. v. Stallion, 1 Moo. 398; but it is not sufficient that wood should be scorched black: R. v. Russell, Car. & M. 541. It is sufficient if the wood has been at a red heat: R. v. Parker, 9 C. & P. 45. I suppose the question is whether the thing burnt has or has not begun to be decomposed by the action of fire. 4.66 Church, chapel, meeting-house, or other place of divine worship." 5 24 & 25 Vict. c. 97, s. 2, S. W. Ibid. s. 3, S. W. 7 Private building means "house, stable, coach-house, out-house, warehouse, office, shop, mill, malt-house, hop-oast, barn, store-house, granary, hovel, shed, fold, farm building, building or erection used in farming land, or in carrying on any trade or manufacture, or any branch thereof." Many cases are collected in Fisher's Digest, 2318-2321 as to the buildings which fall under one or the other of these terms. But they are all nisi prius rulings, and the matter is too minute to be referred to in detail here. 24 & 25 Vict. c. 97, s. 4, W. Ibid. s. 5, W. 10 Public building means building other than such as are before mentioned, belonging to the Queen or to any county, riding, division, city, borough, poor law union, parish or place, or to any university or college, or hall of any university, or to any inn of court, or devoted or dedicated to public use or ornament, or erected or maintained by public subscription or contribution. 11 24 & 25 Vict. c. 97, s. 17, S. W. gorse, heath, fern, turf, peat, coals, charcoal, wood, or bark, or to any steer of wood or bark; or to any mine of coal, cannel coal, anthracite, or other mineral fuel; 2 or to any ship, whether in a complete or unfinished state; or 3 (b.) who by the explosion of gunpowder or other explosive substance throws down or damages the whole or any part of any dwelling-house any person being therein, or of any building so as to endanger the life of any person; or 6 5 (c.) who cuts, breaks, destroys, or damages with intent to destroy or render useless any of the goods or articles mentioned below being in any stage of manufacture, or 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 7 8 (d.) 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 whereby any land or building shall be, or shall be in danger of being, overflowed or damaged; or 10 (e.) 9 who 1o destroys any 124 & 25 Vict. c. 97, s. 26, S. W. 2 Ibid. s. 42, S. W. 3 Ibid. s. 9, S. W. Ibid. s. 14, S. W. 11 work belonging to any port, Any goods or article of silk, woollen, linen, cotton, hair, mohair or alpaca, or of any one or more of those materials mixed with each other, or mixed with any other material, or any frame work, knitted piece, stocking, hose or lace, being in the loom or frame, or 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 frame work, knitted piece, stocking, hose or lace. 6 Any "loom, frame, machine, engine, rack, tackle, tool or implement, whether fixed or moveable, prepared for or employed in carding, spinning, throwing, weaving, fulling, shearing, or otherwise manufacturing or preparing any such goods or articles." 724 & 25 Vict. c. 97, s. 30, S. W. Water means river, canal, drain, reservoir, pool, or marsh. 24 & 25 Vict. c. 97, s. 30, S. W. 10 Throws, breaks, or cuts down, levels, undermines, or otherwise destroys. 11 Work quay, wharf, jetty, lock, sluice, flood gate, weir, tunnel, towing path, drains, watercourse, or other work. harbour, dock, or reservoir, or on or belonging to any navigable river or canal; or 1 (f) who pulls or throws down, or in any wise 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.) 2 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.) 3 who with intent to obstruct, upset, overthrow, injure, or destroy any engine, tender, carriage, or truck using any railway; 4 puts, places, casts, or throws anything whatever across any railway; or 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 5 does, or causes to be done, any other matter or thing; or (i) who casts away or in anywise destroys any ship or vessel whether complete or in an unfinished state; or 6 (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 8 (k.) 'who with intent to bring any ship, vessel, or boat 124 & 25 Vict. c. 97, s. 33, S. W. 2 Ibid. s. 33, S. W. 3 Ibid. s. 35, W. The whole section might be expressed thus: "who attempts to obstruct," &c. Ibid. s. 43, S. 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. 724 & 25 Vict. c. 97, s. 47, S. W. 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, but it is singular that in the latter part of |