Evidence. To maintain this indictment, the prosecutor must prove 1. The force or violence or threats used by the prisoner, in taking from him or compelling him to deliver up the property, as in robbery. See ante, p. 418. According to Sir Leoline Jenkins (1 Jenk. xciv.), this is as essential a part of the offence of piracy, by the marine law, as it is of robbery upon land. 2. A larceny of the property mentioned in the indictment,― the taking being either from the person of the prosecutor, or a taking openly and before his face, of property which is under his immediate and personal care and protection,—as in robbery. See ante, p. 421. There must be an actual taking; if pirates attack a vessel, and the master, in order to redeem her, give an oath to pay a certain sum, this is not piracy by the law of England; Molloy, 64, s. 18. And see Palache's case, 1 Ro. Rep. 175; but if there be an actual taking, it is piracy, although the pirate afterwards allow the party to proceed on his voyage. Jenk. xcviii. And it must be done animo deprædandi, without any bona fide claim of right. Molloy, 71, 8. 33. See R. v. Serva, 1 Den. C. C. 104. It must be upon the high seas, within the jurisdiction of the Admiralty, as already described, ante, p. 67. It must be done without authority from any prince or state; if done by the authority of any prince or state, it cannot be considered piracy, for a nation never can be deemed pirates;-fixed domain, public revenue, and a certain form of government, exempt a people from that character. 2 Brown, C. L. 461. Jenk. 790. Formerly an outrage of this kind, by one British subject upon another, under the authority of a commission from a foreign prince, was not deemed piracy; but it was made so by stat. 11 & 12 W. 3, c. 7, and 18 G. 2, c. 30, s. 1. Also, if the prosecutor be a foreigner, it must appear that his country was in amity with this, at the time of the caption, and that the defendant was of a country which was then in amity with his own; By all the Judges, 2 R. 3, 2; at least the contrary must not appear, otherwise the defendant must be acquitted. 1 Jenk. xciv. Palache's case, 1 Ro. Rep. 175, 3 Bulst. 27. 4 Inst. 152, 154. As to the property taken, it is immaterial of what value it is; the offence in this respect is the same as robbery. Molloy, 64, s. 18. It seems also that attacking a vessel, and forcibly taking away some of her crew, to sell them for slaves, is piracy; although such an offence, committed within the body of a county, would not be robbery. Molloy, 63, 8. 16. Principals.] All persons found on board a pirate vessel, are presumed to be pirates, unless the contrary appear in evidence; Per Holt, C. J., in the case of Dawson et al., 5 St. Tr. 14; but the owner of such vessel, if he be not on board at the time, cannot be proceeded against criminaliter, unless he were privy to the acts of his captain and crew.* Piracy and Wounding, &c. By stat. 1 Vict. c. 88, s. 2, "whosoever, with intent to commit, or at the time of, or immediately before, or immediately after committing, the crime of piracy, in respect of any ship or vessel, shall assault, with intent to murder, any person being on board of or belonging to such ship or vessel,-or shall stab, cut, or wound any such person, or unlawfully do any act by which the life of such person may be endangered,— shall be guilty of felony, and being convicted thereof, shall suffer death as a felon." Accessories before the fact, the same punishment; and accessories after the fact, imprisonment [with or without hard labour, s. 5,] for not more than two years. Id. 8. 4. See ante, p. 424. Piracy by Statute. The following offences have been declared or made piracy by statute, and were formerly punishable with death; but by stat. 1 Vict. c. 88, s. 3, they are now punishable with transportation for life or not less than fifteen years,--or with imprisonment for not more than three years,-the imprisonment to be with or without hard labour, and may be solitary for not more than a month at a time, or three months in a year; Id. 8. 5; accessories before the fact, the same punishment; accessories after, imprisonment [with or without hard labour, 8. 5] for not more than two years. Id. 8. 4. 1. Robbery or any other act of hostility by a British subject, under colour of a commission from the Queen's enemies. 11 & 12 W. 3, c. 7, s. 8. 18 G. 2, c. 30, s. 1. 2. Master or seamen turning pirates, and running away with the ship or goods, &c.;—or yielding them up voluntarily to a pirate; or inciting a master or seamen to turn pirate, or to run away with, or yield up his ship or cargo to pirates; These authorities are abstracted and abbreviated from a work of the author, "A Digest of the Pleas of the Crown," 8vo., published in 1813, where the reader may find all the author.t'es upon the subject. -or a seaman laying violent hands on his commander, to prevent him from defending the ship or goods;—or confining the master, or endeavouring to make a revolt in the ship. 11 & 12 W. 3, c. 7, 8. 9. 3. Forcibly boarding a ship or vessel, and throwing overboard or destroying goods belonging to it. 8 G. 1, c. 24, s. 1. 4. Trading with pirates, or furnishing them with ammunition, provision, &c., or fitting out a ship for that purpose. 8 G. 1, c. 24, 8. 1. And see 22 § 23 C. 2, c. 11. As to other offences upon the high seas, see ante, p. 67. SECTION V. Offences against the Property of Individuals, by Malicious Injuries. 1. Malicious Injuries to Houses, &c. Setting fire to a House, Out-house, &c. Indictment. The jurors for our Lady the Queen, upon their oath present, that A. B., on the to wit. day of in the year of our Lord -, unlawfully, maliciously, and feloniously did set fire to a certain dwelling-house ["house, stable, coach-house, out-house, warehouse, office, shop, mill, malt-house, hop-oast, barn, granary, or any building or erection used in carrying on any trade, or manufacture, or any branch thereof"] in the parish of in the county of in the possession of C. D., [or of him the said A. B.] with intent thereby then to injure the said C. D. [or to defraud a certain insurance company called -]: against the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity. Felony; transportation for life, or not less than fifteen years;-or imprisonment, [with or without hard labour, and solitary for not more than one month at a time, or three months in a year, s. 12] for not more than three years. 1 Vict. c. 89, s. 3. Accessories before the fact, the same punishment; accessories after the fact, imprisonment, &c., for not more than two years. Id. s. 11. As to costs, see ante, p. 186; costs of apprehension, ante, p. 189. Evidence. To maintain this indictment, the prosecutor must prove 1. A setting fire to the house in question, by the defendant. It is not essential to the offence that the house should be burnt, or destroyed by fire; it is sufficient if the party set fire to it, although the fire were instantly extinguished. Where, upon an indictment for this offence, it appeared that the wood of the floor had been charred in a trifling way, and that it had been at a red heat, but not in a blaze: this was holden to be a sufficient setting fire to the house, within the statute. R. v. Parker, 9 Car. & P. 45. So, where smoke was seen to issue from the thatch of an out-house, but no flame, and upon examining it, a ball of linen was found in it, which was on fire, and burnt through on one side of it, and some of the straw was burnt: this was holden to be a setting fire to the out-house, within the meaning of the Act. R. v. Stallion, Ry. & M. 398. But where it appeared that a lighted faggot had been placed on the boarded floor of a room, which scorched it black, but did not burn it: Cresswell, J., after conferring with Patteson, J., said they were of opinion that this was not a setting fire to the house, because the floor was not burnt; but they thought that it was not necessary, in order to bring a case within the meaning of the Act, that the wood should be in a blaze, for there are some species of wood will burn and entirely consume, without blazing at all. R. v. Russell, Car. & M. 541. But if the prosecutor fail in proving an actual setting fire to the house, the jury may find the defendant guilty of an attempt to commit it; 14 § 15 Vict. c. 100, s. 9, ante, p. 124; which will subject the defendant to transportation for not more than fifteen years or less than ten, or imprisonment, [with or without hard labour, and solitary for not more than a month at a time or three months in a year, s. 11] for not more than two years. 8 & 9 Vict. c. 25, s. 7. 2. That the building set fire to, was that mentioned in the indictment. The word "house" in the statute, seemingly means a dwelling-house. The only other equivocal expression used in the statute is "out-house; "the other terms, stable, coach-house, warehouse, shop, &c., need no explanation. What is an out-house in which burglary may be committed, has been fully discussed, ante, p. 335; and what is an out-house within the curtilage, the breaking and entering of which, and stealing therein, is punishable by stat. 7 & 8 G. 4, c. 29, s. 14, has been fully described, ante, p. 345. Upon an indictment, charging the prisoner in one count with setting fire to a house, in a second with setting fire to an out-house, it appeared in evidence that the building in question consisted of a school-room, separated from the dwelling-house of the schoolmaster by a narrow passage, but within the same cur tilage; the tiled roof of the dwelling-house also reached across the passage and covered a part of the school-room, the rest of the school-room being thatched: the judges held that this was properly described as an out-house. R. v. Winter, R. & Ry. 295. Upon an indictment for setting fire to an outhouse, it appeared that the place in question was situate in an inclosed field, at the distance of a furlong from the dwellinghouse, partly boarded and enclosed, and partly open to the field for beasts to shelter in: Six of the judges held this to be an out-house within the meaning of the Act; but seven were of a contrary opinion, and the prisoners were pardoned. R. v. Ellison and Vines, Ry. & M. 336. This, however, is now fully provided for by stat. 7 & 8 Vict. c. 62, s. 1, post, p. 491. So, where a building seven feet high, had four walls of stone without mortar, the roof was of broom, turf, and straw, and was supported by two pieces of timber, it had no window, and the door had neither lock nor bolt; it had been erected by the prosecutor at his lime works, for his workmen to take their meals in, and a poor person, engaged on the road, and having no house, had, to the prosecutor's knowledge, but without his permission, slept in it for three weeks previously: Tindal, C. J., held that this was not a house within the meaning of the Act, for the man who slept in it did so without leave; nor was it an out-house. R. v. England et al., 1 Car. § K. 533. So, where the building appeared to be more than one hundred yards distant from any house, and a much greater distance from the dwelling-house of the owner and occupier; it was formerly a kiln or oven for baking bricks, but was latterly used for keeping a cow: Taunton, J., held that it was neither a stable nor out-house within the meaning of the Act. R. v. Haughton, 5 Car. & P. 555. So, where the building appeared to be a kind of cart-hovel, consisting of a stubble roof supported by uprights, situate by itself in a field, some distance from any dwelling: Vaughan, B., was of opinion that it was not an out-house within the meaning of this section, and intended to reserve the point for the opinion of the judges, but the prisoner was acquitted on the merits. R. v. Parrot, 6 Car. & P. 402. But a pigstye, in an inclosed yard at the back of the dwelling-house, and within the curtilage, has been deemed such an out-house. R. v. James, 1 Car. & K. 303. Where an indictment on this statute for setting fire to a building, described it in different counts as a warehouse," a shop," an "office," a "shed," and a building used for carrying on a certain trade, that is to say the trade of a builder," it appeared that the prosecutor, a gentleman, had built several houses upon his own freehold, for the purpose of |