rity to show that the incumbent cannot break or deface anything annexed to the freehold of the church. If he cannot deface superstitious annexations, à multo fortiori he cannot deface monuments lawfully erected.

A little consideration will also prove that the representative of a family for the time being cannot lawfully deface them. When a person erects a monument, he dedicates it for ever for every purpose which it may lawfully serve. He intends it to be in perpetuam memoriam of every thing stated in it. As soon as it is annexed to the freehold it passes into the possession of the incumbent to be preserved for the purposes for which it was erected. Now, what are those purposes? It becomes for all future time legal evidence of all the births, marriages, and deaths mentioned in it in every case where any question may arise relating to any of them. This clearly proves that the representative of the family for the time being can have no right to destroy it; for all other members of the family then living or thereafter to be born have or will have an interest in it. The present representative may be a peer, the last of his branch of the family, and there may be a monument which alone would prove the descent of the next heir to the title; it is impossible to suppose that he can lawfully destroy such a monument, and thereby prevent the next heir from succeeding to the peerage. So it may be that the present representative is tenant for life of an estate entailed on the heir male of the family; can he lawfully destroy a monument which may prove who is entitled to succeed to the estate on his death? A monument also may be evidence for a person wholly a stranger in blood to the person who erected it. Suppose an estate be entailed on the heirs male of A. with remainder to A.'s right heirs; a monument may show that C. the son of A. died without issue male, and may thus prove that a female descendant of A. was seised in fee of the estate, and so establish the title of a stranger in blood, to whom the

female had devised the estate. These instances, which have occurred in the families of two peers, plainly show that the representative of a family for the time being cannot lawfully alter or destroy any inscription on a monument erected to a member of his family. In fact his position is extremely like that of a tenant for life of an estate under lease, who may bring an action on the case against any one who cuts down timber on the estate, but cannot cut it himself, or permit it to be cut by any other person.

It might also be well contended that the public have the same interest in a monument that they have in a register of births, marriages, and deaths, and that an inscription on the one can no more lawfully be defaced by any one than an entry in the other. But amply sufficient has been said to show that there can be no doubt whatever that no one can lawfully deface any monumental inscription.

Where an aisle in a church belongs to a private individual, it seems clear that he is in the actual possession of it, and of everything in it; and consequently he may maintain an action of trespass against any one who injures any monument in it. See Burn's Ec. L., " Church, Ile." As to hard labour, &c., see ante, p. 5.

cattle.

Injuries to Cattle and other Animals. 40. Whosoever shall unlawfully and maliciously Killing or kill, maim, or wound any cattle shall be guilty of maiming felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding fourteen and not less than three years,-or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement.

This clause is taken from the 7 & 8 Geo. 4, c. 30, s. 16, and 9 Geo. 4, c. 56, s. 17 (I.), the punishment being altered by several subsequent Acts. As to hard labour, &c., see ante, p. 5.

M

Killing or maiming

other animals.

Second offence.

41. Whosoever shall unlawfully and maliciously kill, maim, or wound any dog, bird, beast, or other animal, not being cattle, but being either the subject of larceny at common law, or being ordinarily kept in a state of confinement, or for any domestic purpose, shall, on conviction thereof before a justice of the peace, at the discretion of the justice, either be committed to the common gaol or house of correction, there to be imprisoned only or to be imprisoned and kept to hard labour, for any term not exceeding six months, or else shall forfeit and pay, over and above the amount of injury done, such sum of money not exceeding twenty pounds as to the justice shall seem meet; and whosoever, having been convicted of any such offence, shall afterwards commit any of the said offences in this section before mentioned, and shall be convicted thereof in like manner, shall be committed to the common gaol or house of correction, there to be kept to hard labour for such term not exceeding twelve months as the convicting justice shall think fit.

Note. This clause is new, and is a great improvement of the law, as it will protect domestic animals from malicious injuries. It includes any beast or animal, not being cattle, which is the subject of larceny at common law. It also includes birds which are the subject of larceny at common law; such are all kinds of poultry, and, under certain circumstances, swans and pigeons. So also it includes any bird, beast, or other animal ordinarily kept in a state of confinement, though not the subject of larceny, such as parrots and ferrets; and it is to be observed that the words "ordinarily kept in a state of confinement" are a description of the mode in which the animal is usually kept, and do not render it necessary to prove that the bird or animal was confined at the time when it was injured. Lastly the clause includes any bird or animal kept "for any domestic purpose," which clearly embraces cats.

As to proceedings under this clause, see the Appendix, post.

Injuries to ships.

42. Whosoever shall unlawfully and maliciously Setting fire to a ship. et fire to, cast away, or in anywise destroy any ship r vessel, whether the same be complete or in n unfinished state, shall be guilty of felony, and eing convicted thereof shall be liable, at the discreion of the Court, to be kept in penal servitude for ife or for any term not less than three years--or to e imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping.

Note.

This clause is taken from the 7 Will. 4 & 1 Vict. c. 89, ss. 4, 6. Under s. 4, the offence of setting fire to a ship or vessel whereby life was endangered was capital, but that punishment is abolished.

The words "injuries to ships" before this section were accidentally omitted in reprinting the Bill after it passed the Select Committee of the Commons. A clause framed from the 12 Geo. 3, c. 24, against setting fire to ships of war was struck out by that Committee; and the words in question, which stood before that clause, were omitted with it in the reprint.

As to hard labour, &c., see ante, p. 5.

prejudice

43. Whosoever shall unlawfully and maliciously Setting fire set fire to, or cast away, or in anywise destroy any to ships to ship or vessel, with intent thereby to prejudice any the owner owner or part owner of such ship or vessel, or of any or undergoods on board the same, or any person that has writers. underwritten or shall underwrite any policy of insurance upon such ship or vessel, or on the freight thereof, or upon any goods on board the same, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement,

Attempting to set

fire to a vessel.

Placing

near a ves

intent to

and, if a male under the age of sixteen years, with or without whipping.

Note.-This clause is taken from the 7 Will. 4 & 1 Vict. c. 89, s. 6.

As to hard labour, &c., see ante, p. 5.

44. Whosoever shall unlawfully and maliciously, by any overt act, attempt to set fire to, cast away, or destroy any ship or vessel, under such circumstances that if the ship or vessel were thereby set fire to, cast away, or destroyed, the offender would be guilty of felony, shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding fourteen and not less than three years,-or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping.

Note. This clause is taken from the 9 & 10 Vict. c. 25, s. 7.

The first words in italics are introduced to make this section include all attempts which, if effectual, would fall within either of the two preceding sections.

As to the words "under such circumstances," &c., see the note to s. 7, ante, p. 213.

As to hard labour, &c., see ante, p. 5.

45. Whosoever shall unlawfully and maliciously gunpowder place or throw in, into, upon, against, or near any sel with ship or vessel any gunpowder or other explosive substance, with intent to destroy or damage any ship or damage it. vessel, or any machinery, working tools, goods, or chattels, shall, whether or not any explosion take place, and whether or not any injury be effected, be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept