recorded, or shall unlawfully and maliciously set fire to any house, stable, coach-house, outhouse, warehouse, office, shop, mill, malt-house, hop oast, barn, or granary, or to any building or erection used in carrying on any trade or manufacture, or any branch thereof, whether the same or any of them respectively shall then be in the possession of the offender,or in the possession of any other person, with intent thereby to injure or defraud any person, every such offender shall be guilty of felony, and, being convicted thereof, shall suffer death as a felon.

Note. This section consolidates the law of arson. Malice against the owner of property was not necessary under the old system. R. v. Salmon, Russ. and Ry. 26. As to the word "outhouse," it was held, that a school-room, within the curtilage, came within that description, under 9 Geo. 1. R. v. Winter, Russ, & Ry. 295.

Where the prisoner was indicted for setting fire to his house with intent to defraud an insurance company, and it appeared, that the policy was upon an improper stamp, he was held improperly convicted. Russ. and Ry. 138. R. v. Gilson.

Under this new provision, it seems, that both a mortgagor in possession and a leseee might be capitally convicted for maliciously setting fire to their houses, since an act of that kind would be clearly done for the purpose of injuring the lessee or mortgagee. See the cases in Starkie's Criminal

Pleadings, p. 439.

Churches, chapels, and dissenting meetings, are now made the subjects of arson.

Indictment for Arson.

Wiltshire, The jurors for our lord the King upon their oath to wit. present, that A. late of the parish of

labourer,

on, &c. with force and arms, at, &c.* aforesaid, in the county aforesaid, a certain house [or mill, &c. as the case may be] - there situate, feloniously, unlawfully and mali

of one

The parish is material.

The ownership is material. State the property accurately. If the house be the prisoner's, he may be convicted under the new act, by proving an intent to injure.

Arson.

7 & 8 G. 4, c.30.

Arson.

7 & 8 G.4,c.30.

ciously, did set fire to, and the same house then and there, by such firing as aforesaid, feloniously, wilfully, unlawfully and maliciously, did burn and consume, with intent thereby then and there to injure the said against the form of the statute in that case made and provided, and against the peace of our said lord the King, his crown and dignity.

Evidence.

In this case, the following necessary proofs present themselves. In the first place, that the prisoner set fire to the house or mill, &c. in question. There must, therefore, be proof of an actual burning of some part of the building; next, it must be proved that this building was a dwelling-house, or outhouse, or mill, &c., and that it belongs to the party whose name is mentioned in the indictment as being the owner; and, lastly, this burning must appear to have been done with a felonious intent. The evidence as to the arson is usually circumstantial; for it seldom happens that the prisoner is actually seen to fire the premises, and with respect to the wilful and malicious intention which constitutes the felony, that is usually evidenced by the fact of the burning, which implies malice. Of course, an accident (the case of the unqualified person who set fire to a thatch in shooting, may be mentioned as an example,) cannot be converted into a crime of this heinous dye, nor can any description of carelessness be so construed.

Should there be any doubt as to the nature of the building destroyed, or if more than one building has been set on fire, counts varying the statement of the offence should be adopted.

Indictment for Arson by setting Fire to a Church or Chapel. Yorkshire, The jurors for our lord the King upon their oath to wit. present, that A. late of the parish of in the county of labourer, on, &c. with force and arms at the parish aforesaid, in the county aforesaid, feloniously, unlawfully and maliciously a certain church † called situate

*Material.

+"Or chapel, &c.; or, chapel for the religious wor ship of persons dissenting from the united church of England and Ireland; the said chapel being then and there duly registered and recorded, pursuant to the statute in that case made and provided.”

in the parish aforesaid, in the county aforesaid, did set fire to, and the same church then and there, by such firing as aforesaid, feloniously, wilfully, unlawfully and maliciously did burn and consume, against the form, &c. and against the peace of our said lord the King, his crown and dignity.

Evidence.

You have only to prove the local situation of the place of worship mentioned in the indictment; and, if a dissenter's chapel, that it has been duly registered, and then to show such circumstances as would satisfy the jury that the prisoner wilfully set fire to it. If you prove the act, it will be for him to disprove the unlawful and felonious intention.

Arson.

7 & 8 G. 4, c.30.

Assaults.

ASSAULTS.

Note.-In consequence of the increased number of assaults, 9 Geo. 4, c. 31. and the expenses of prosecuting them, magistrates have been invested with the power of punishing common assaults which are not attended with circumstances of aggravation, either by by fine, or, in default of payment, imprisonment. Several other assaults are, however, provided for by Lord Lansdowne's Act, and we shall insert them according to the order which they observe in the statute. The following is a summary of the ensuing sections:

Assaults on magistrates, officers and others, when endeavouring to preserve vessels in distress, or effects wrecked, &c. punishable with transportation for seven years, or hard labour.

Assaults with intent to commit felony.

Assaults upon peace or revenue officers in the execution of their duty, or upon persons acting in aid of such officers. Assaults with intent to resist or prevent a lawful apprehension or detainer.

Assaults committed in pursuance of any conspiracy to raise the rate of wages.

These assaults are punishable by imprisonment, with or without hard labour, for any time not exceeding two years. Assaults on seamen, keelmen, or casters, to hinder them from working.

Assaults.

Assaults, with intent to hinder the buying or selling of grain, or the conveyance of the same to or from any city, 9 Geo. 4, c. 31. market-town, &c.

These assaults are to be determined before two justices, who may convict summarily, and punish the offender with hard labour, for any term not exceeding three months.

Then follows a provision that the offender shall not be punished by any other law after such conviction and punish

ment.

Common assaults and batteries.

Two justices may summarily convict, and fine the offender a sum not exceeding (with costs) 5 l.

On nonpayment of the fines, they may commit the offender for a term not exceeding two months (but not with hard labour) unless the fine and costs be sooner paid.

The justices are, moreover, to deliver a certificate of the dismissal of the complaint to the defendant in these three

cases:

1st. Where they shall deem the offence not to have been proved.

2dly. Where they shall conceive it to have been justified. 3dly. Or so trifling as not to deserve any punishment. This certificate is to be a bar to any further proceedings, civil or criminal.

Then follows another proviso:

The justices may abstain from adjudication if they conceive the assault to be a fit subject for a prosecution by indictment, and on the following occasions their power of decision is taken away.

1. Where the assault is with intent to commit felony.

2. Where any question shall arise in a case of assault as to the title to any lands, &c. or any interest therein. 3. Or as to any bankruptcy or insolvency.

4. Or any execution under the process of any court of justice.

9 Edw. 2, s. 1, c. 3, assaults upon clergymen. 5 Hen. 4, c. 5 & 6, as to cutting tongues, &c.; 11 Hen. 6, c. 11, assaults upon parliament men; 5 & Edw. 6, c. 4, s. 3; 5 Eliz. c. 4, s. 21; 22 & 23 Car. 2, c. 11, s. 9. [Vulgo 11 & 12 Wm. 3, c. 7, s. 18; 9 Anne, c. 14, s. 8; 9 Anne, c. 16; 12 Geo. 1, c. 34, s. 6; 22 Geo. 2, c. 27, part of s. 12; 26 Geo. 2, c. 19, s. 11; 33 Geo. 3, c. 67, s. 2; 36 Geo. 3, c. 9, part of s. 1 & 2; 58 Geo. 3, c. 38, s. 1; 1 & 2 Geo. 4, s. 88, as to assaults; 3 Geo. 4, c. 114, as to assaults]; repealed by 9 Geo. 4, c. 31.

the

a

LORD LANSDOWNE'S ACT.

9 Geo. 4, c. 31.

Assaults.

9 Geo. 4, c. 31.

Sect. XXIV. And be it enacted, That if any person shall Punishment for assault and strike or wound any magistrate, officer or other assaults on offiperson whatsoever lawfully authorized, on account of the cers, &c. for their endeavours to exercise of his duty in or concerning the preservation of any save shipwreckvessel in distress, or of any vessel, goods, or effects wrecked, ed property. stranded, or cast on shore, or lying under water, every such offender, being convicted thereof, shall be liable to be transported beyond the seas for the term of seven years, or to be imprisoned, with or without hard labour, in the common gaol or house of correction, for such term as the court shall award.

Indictment for assaulting a Magistrate or Officer, us above. Hertfordshire, The jurors for our lord the King upon their to wit. Joath, present, that A., late of the parish of in the county of. labourer, on, &c. with force and arms, at the parish aforesaid in the county aforesaid, in and upon one B. the said B. being then and there lawfully authorized and in the exercise of his duty as an officer in preserving a certain ship then and there in distress and wrecked [or, certain effects then and there wrecked, &c.] did make an assault [see the statute] and him the said B. so being such officer as aforesaid, and so acting in his duty as aforesaid, did strike, [wound] and illtreat, on account of the exercise of the duty of the said B. concerning the premises aforesaid, against the form of the statute in that case made and provided, and against the peace of our said lord the King, his crown and dignity.

Evidence.

Here it must be proved that the prisoner committed the offence, namely, that he struck the officer when acting in his duty, and on account of the exercise of his duty. The particular duty must appear in evidence, and it must also be shown that the person assaulted was an officer or magistrate duly authorized, as the case may be.

* Material.