But if a person intending to burn the house of a particular person accidentally burns another's he commits the offence. 3 Inst. 67; 2 Bishop Cr. Law 27. The offence must have been committed without legal justification or excuse and without colour of right. Sec. 541. A man is presumed to intend the natural and probable consequences of his own voluntary act. Therefore, if one kindles a fire in a stack situated so that it is likely to communicate and does communicate in fact to an adjoining building, he is chargable with burning the building. R. v. Cooper, 5 C. & P. 535. But where a sailor entered a part of a vessel to steal rum there stored, and while he was tapping a cask a lighted match, which he held, came in contact with the rum and a fire resulted which destroyed the vessel, it was held that it was not arson. R. v. Faulkner, 13 Cox C.C. 550. A wife, called as a witness against her husband on a charge under this section was held incompetent under the Canada Evidence Act to disclose a communication made by her husband in the presence or hearing of herself and a third party which she would not undertake to say was not intended for her to hear. R. v. Wallace (1903), 6 Can. Cr. Cas. 323. Damaging property.]—See sec. 510 as to the indictable offence of mischief by wilfully destroying or damaging property; and see sec. 539 as to summary conviction for malicious injury to property where the damage is less than $20. Extradition.]-Arson is an extraditable offence between the British possessions and the United States of America under the Ashburton treaty of 1842. arson. 512. Every one is guilty of an indictable offence and liable Attempt to to fourteen years' imprisonment who wilfully attempts to set commit fire to anything mentioned in the last preceding section, or who wilfully sets fire to any substance so situated that he knows that any thing mentioned in the last preceding section is likely to catch fire therefrom. 55-56 V., c. 29, s. 483. Attempts to set fire.]—If B, under A.'s direction, arranges a blanket saturated with oil so that if it is set on fire the flame will be communicated to a building and then lights a match and holds it until it is burning well and then puts it down to within an inch or two of the blanket, when the match goes out; A. is guilty of an attempt to set fire to the building. R. v. Goodman, 22 U.C.C.P. 338. Setting Other Fires. 513. Every one is guilty of an indictable offence and liable Penalty. to fourteen years' imprisonment who wilfully sets fire to, (a) any crop, whether standing or cut down, or any wood, Crop. (b) any tree, lumber, timber, logs, or floats, boom, dam or Trees, etc., slide, and thereby injures or destroys the same. 55-56 V., dam or slide. c. 29, s. 484. yard for building or repairing or fitting out any ship, or to any of His Majesty's stores or munitions of war. 55-56 V., c. 29, s. 482. Where building belongs to accused.]-Where the offence consists of an injury to anything in which the offender has an interest, the existence of such interest, if partial, shall not prevent his act being an offence, and if total, shall not prevent his act being an offence, if done with intent to defraud. Code sec. 541 (2). D. was charged with having set fire to a building, the property of J. H., "with intent to defraud." The case opened by the Crown was that prisoner intended to defraud several insurance companies, but legal proof of the policies was wanting, and an amendment was allowed by striking out the words "with intent to defraud." The evidence shewed that several persons were interested in the premises as mortgagees, and J. H. as owner of the equity of redemption. The jury found prisoner intended to injure those interested. It was held that the amendment was authorized and proper, and the conviction warranted by the evidence. An indictment for arson is good without alleging any intent. R. v. Cronin (1875), 36 U.C.Q.B. 342. At common law if the house were the prisoner's it was necessary to shew that his attempt to set fire to it was unlawful and malicious. R. v. Greenwood (1864), 23 U.C.Q.B. 250. And this was supplied by proof that the act might or would be an injury to or a fraud upon any person, and that the accused acted with intent to do such injury. R. v. Bryans (1862), 12 U.C.C.P. 166. In R. v. Gray (1866), 4 F. & F. 1102, the accused was charged with setting fire to his house with intent to defraud an insurance company, and evidence was offered to shew that the prisoner had previously occupied two other houses in succession which had been insured, that fires had broken out in both, and that the prisoner had made claims on the insurance companies, for the losses occasioned. There was no other evidence offered to shew that the fires in the two houses had been set by the prisoner, yet the evidence was received as tending to prove that the fire set as charged in the indictment was the result of design, not of accident. Arson at common law.]—Arson at common law was the malicious burning of another's house. 1 Bishop Cr. Law 414. It was an offence against the security of the habitation rather than of the property. 2 Bishop 24. A man was not guilty of arson by the common law if he burned a house of which he was in possession as owner or as tenant from year to year; R. v. Pedley, 1 Leach 242; or which he held under an agreement for a lease; R. v. Breeme, 1 Leach 220; or as mortgagor in possession. R. v. Spalding, 1 Leach 218, 2 East P.C. 1025. Sets fire.]-It is sufficient if the wood has been at a red heat. R. v. Parker, 9 C. & P. 45. But the mere scorching the wood black is not enough. R. v. Russell, Car. & M. 541. It is not necessary that there should have been a flame. R. v. Stallion, 1 Moo. 398. Any stack.]-Straw packed on a lorry ready for market has been held not to be a "stack." R. v. Satchwell, 28 Eng. L.T. 569; R. v. Avis, 9 C. & P. 348. Evidence.]-A burning done by mischance or negligence is not arson. 3 Inst. 67. And the same is true where the burning results accidentally from the intentional commission of a mere civil trespass. 2 East P.C. But if a person intending to burn the house of a particular person accidentally burns another's he commits the offence. 3 Inst. 67; 2 Bishop Cr. Law 27. The offence must have been committed without legal justification or excuse and without colour of right. Sec. 541. A man is presumed to intend the natural and probable consequences of his own voluntary act. Therefore, if one kindles a fire in a stack situated so that it is likely to communicate and does communicate in fact to an adjoining building, he is chargable with burning the building. R. v. Cooper, 5 C. & P. 535. But where a sailor entered a part of a vessel to steal rum there stored, and while he was tapping a cask a lighted match, which he held, came in contact with the rum and a fire resulted which destroyed the vessel, it was held that it was not arson. R. v. Faulkner, 13 Cox C.C. 550. A wife, called as a witness against her husband on a charge under this section was held incompetent under the Canada Evidence Act to disclose a communication made by her husband in the presence or hearing of herself and a third party which she would not undertake to say was not intended for her to hear. R. v. Wallace (1903), 6 Can. Cr. Cas. 323. Damaging property.]—See sec. 510 as to the indictable offence of mischief by wilfully destroying or damaging property; and see sec. 539 as to summary conviction for malicious injury to property where the damage is less than $20. Extradition.]—Arson is an extraditable offence between the British possessions and the United States of America under the Ashburton treaty of 1842. arson. 512. Every one is guilty of an indictable offence and liable Attempt to to fourteen years' imprisonment who wilfully attempts to set commit fire to anything mentioned in the last preceding section, or who wilfully sets fire to any substance so situated that he knows that any thing mentioned in the last preceding section is likely to catch fire therefrom. 55-56 V., c. 29, s. 483. Attempts to set fire.]—If B, under A.'s direction, arranges a blanket saturated with oil so that if it is set on fire the flame will be communicated to a building and then lights a match and holds it until it is burning well and then puts it down to within an inch or two of the blanket, when the match goes out; A. is guilty of an attempt to set fire to the building. R. v. Goodman, 22 U.C.C.P. 338. Setting Other Fires. 513. Every one is guilty of an indictable offence and liable Penalty. to fourteen years' imprisonment who wilfully sets fire to, (a) any crop, whether standing or cut down, or any wood, Crop. forest, coppice or plantation, or any heath, gorse, furze or fern; or, (b) any tree, lumber, timber, logs, or floats, boom, dam or Trees, etc., slide, and thereby injures or destroys the same. 55-56 V., dam or slide. c. 29, s. 484. Attempt. Recklessly setting fire to forests. May be tried sum marily. Threats to burn. Setting fire to crops.]-In R. v. Dossett (1846), 2 C. & K. 306, the accused was indicted for setting fire to a rick of straw. The rick was set on fire by the prisoner having fired a gun very near to it, and evidence was offered to shew that the rick had been on fire the day previous, and that the prisoner was then close to it with a gun in his hand. There was no other evidence offered to shew that the prisoner had on the day previous fired the gun or set fire to the rick. The evidence, however, was received as tending to shew that the rick was fired at the time charged wilfully. Colour of right.]-See sec. 541. 514. Every one is guilty of an indictable offence and liable to seven years' imprisonment who wilfully attempts to set fire to anything mentioned in the last preceding section, or who wilfully sets fire to any substance so situated that he knows that any thing mentioned in the last preceding section is likely to catch fire therefrom. 55-56 V., c. 29, s. 485. 515. Every one is guilty of an indictable offence and liable to two years' imprisonment, who, by such negligence as shows him to be reckless or wantonly regardless of consequences, or in violation of a provincial or municipal law of the locality, sets fire to any forest, tree, manufactured lumber, square timber, logs or floats, boom, dam or slide, on the Crown domain, or on land leased or lawfully held for the purpose of cutting timber, or on private property on any creek or river, or rollway, beach or wharf, so that the same is injured or destroyed. 2. The magistrate investigating any such charge may, in his discretion, if the consequences have not been serious, dispose of the matter summarily, without sending the offender for trial, by imposing a fine not exceeding fifty dollars, and in default of payment by the committal of the offender to prison for any term not exceeding six months, with or without hard labour. 55-56 V., c. 29, s. 486. Where the defendant set fire to a summer-house in a wood, and the fire was thence communicated to the wood, he was held to be properly convicted on an indictment charging him with setting fire to the wood. R. v. Price, 9 C. & P. 729. 516. Every one is guilty of an indictable offence and liable to ten years' imprisonment who sends, delivers or utters, or directly or indirectly causes to be received, knowing the contents thereof, any letter or writing threatening to burn or destroy any building, or any rick or stack of grain, hay or straw or other agricultural produce, or any grain, hay or straw or other agricultural produce in or under any building, or any ship or vessel. 55-56 V., c. 29, s. 487. Threats to burn.]—It is for the trial judge to determine whether the document is capable of bearing the meaning assigned to it, and it is then for the jury to say whether under the circumstances it has that meaning or not. Regina v. Coady (1882), 15 Cox C.C. 89; Regina v. Carruthers (1844), 1 Cox C.C. 138. Comparison of a disputed writing with any writing proved to the satisfaction of the court to be genuine shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the court and jury as evidence of the genuineness or otherwise of the writing in dispute. Can. Evid. Act, sec. 8. Threats verbally made to burn the complainant's buildings are not indictable under the Criminal Code, and give rise only to proceedings to force the offender to give security to keep the peace. Ex parte Welsh (1898), 2 Can. Cr. Cas. 35 (Que.). Binding over to keep the peace.]-Upon complaint by or on behalf of any person that on account of threats made by some other person or on any other account, he, the complainant is afraid that such other person will burn or set fire to his property, the justice before whom such complaint is made may, if he is satisfied that the complainant has reasonable grounds for his fears, require such other person to enter into his own recognizances or to give security to keep the peace, and to be of good behaviour for a term not exceeding twelve months. Section 748 (2). Railways, Mines and Electric Plant. 517. Every one is guilty of an indictable offence and liable Injuries to five years' imprisonment who, in manner likely to cause affecting danger to valuable property, without endangering life person, railways, or likely to (a) places any obstruction upon any railway, or takes up, removes, displaces, breaks or injures any rail, sleeper or other matter or thing belonging to any railway; or, (b) shoots or throws anything at an engine or other railway vehicle; or, (c) interferes without authority with the points, signals or other appliances upon any railway; or, (d) makes any false signal on or near any railway; or, (e) wilfully omits to do any act which it is his duty to do; or, (f) does any other unlawful act. endanger property. 2. Every one who does any of the acts in this section men- With intent. tioned with intent to cause such danger is liable to imprison ment for life. 55-56 V., c. 29, s. 489. See also secs. 282 and 283. Where an indictment charges substantially the same offence as that charged in the indictment on which the accused was given in charge on a |